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HomeMy WebLinkAboutWDN Bill Clark HomesDIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New _�/ Major Mod Permit# Permit Coordinator: Field Representative: _ Date Time Ian I� J &-tox) 2"N`21 Z 6-�) Minor Mod Renewal Transfer Message H C ^_ fy,fs12i f wab aN 11, ?Tt bcZ- qc DCM µOLO tovu. �(O-( ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director Mr. Steve Morrison Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, N.C. 28403 NORTH CAROLINA Environmental Quality March 23, 2021 Re: Request for CAMA Application Withdrawal- Bill Clark Homes Dear Mr. Morrison: This letter is in reference to the CAMA Major Permit application request that you submitted to the Division of Coastal Management and was accepted as complete on November 30, 2020, on behalf of the Landon Weaver. This application was for a proposed new 238 lot waterfront residential development with a pool house amenity building, a new upland canal and basin, associated bulkheads and breakwaters, and a boat ramp adjacent to Duck Pond Road, Ocean Isle Beach, Brunswick County. On March 22, 2021, the Division of Coastal Management received your request to withdraw the permit application referenced above. As such, this file will be retired and considered closed in status. Please contact me at (252) 808-2808 ext. 211, or by email at: Curt.We cy hert@ncdenr.gov if you have any questions or if I can be of additional assistance. Cc: MHC Files/WiRO Files Greg Currey, USACE Robb Mairs, DWR Sincerely, VA 4 && ( Curt Weychert Assistant Major Permits Coordinator North Carolina Department of Environmental Quality 1 Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 !LMG LAND D,ANAGEMENT GROUP a DAVEY1%. company 3/22/21 Curt Weychert Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 Re: Withdrawal of CAMA permit application Dear Curt, On behalf of Bill Clark Homes, we are requesting the withdrawal of their CAMA major permit application from consideration for the Hunters Bay project in the Ocean Isle Beach ETJ, Brunswick County dated 10/30/20. This includes the associated Corps of Engineers permitting and the NC Division of Water Resources 401 water quality certification. Development plan revisions are currently being considered and we anticipate there will be the submission of a new application package. Thank you. Sincerely, Steve Morrison Environmental Consultant Cc: Greg Currey, USACE Robb Mairs, NCDWR Bill Clark Homes RECEIVED MAR 2 2 2021 LIP SECTION DCM - MHD CITY www.lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 .i• ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Land Management Group Steve Morrison smorrison@lmgroup.net NORTH CAROLINA Environmental Quality February 4, 2021 SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Bill Clark Homes c/o Landon Weaver, in Brunswick County Dear Mr. Morrison: This letter is in response to the above referenced CAMA Major Permit application, which was accepted as complete by the Division's Wilmington office on December 7, 2020. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. The required item is summarized below: 1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that, prior to taking final action on a project of this nature, a Water Quality Certification for the proposed development must first be approved by the Division of Water Resources (DWR). The DWR placed the project on hold on February 4, 2021 for additional information concerning avoidance and minimization and a proposal to model the tidal flushing and dissolved oxygen level of the proposed access channel, canal, and boat basin. Additional information from the applicant will be required before a final decision and an issuance of a Water Quality Certification can be made. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the required information is provided to the DWR, a Water Quality Certification is issued for the project, and a copy of the approval supplied to this office. Copies of the DWR and DMF request are provided as attachments. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 No i If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 211, or by email at Curt.Weychert@ncdenr.gov. Sincerely, Curtis Weychert Division of Coastal Management Assistant Major Permits Coordinator CC: Tara MacPherson, DCM WiRO (via email) Robb Mairs, DWR WiRO (via email) Greg Currey, USACE Wilmington Regulatory Field Office (via email) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Bill Clark Homes PROJECT NAME: Hunters Bay COUNTY: Brunswick LOCATION OF PROJECT: Parcels 24400011, 24400010, 2440000901, 24400009, 24400002005, 2440001007, 2440001301, 2440001201, 2440001101, 2440002006, 2440001302 Duck Pond Rd, adjacent to the AIWW, Ocean Isle Beads DATE APPLICATION RECEIVED COMPLETE BY FIELD:11-30-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Elks DISTRICT OFFICE: WIIA'IINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $400 (60/40)#2020 i APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE RECD: 12-16-20 END OF NOTICE DATE: 1-6-21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 2-13-21 150 DAY DEADLINE: MAIL OUT DATE: 12-11-20 STATE DUE DATE: 1-6-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM— LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section DWR—Public Water Supply DEMLR— Stormwater DEMLR — Sed and Erosion DOA — State Property Office 1i Wildlife Resources Commission DMF—Shellfish Section %A DMF— Habitat &Enhancement DNCR— Archives &History DNCR—Natural Heritage Program NCDOT NC Dept of Commerce _ Z NC Division of Coastal Management Major Permit Application Computer Sheet AEC: f h vq r Fee: $ 4" # Ulu CDAITS _ MHC cc _ Hppncanr' L.1V Mk WV 1. 0 Agent/Contractor: Project Site County: Staff: District Wilmington Project Name: Rover File: n/a River Bpi Initial date of application submittal: Date application -received as complete' in the Field office: SITE DESCRIPTION/PERMIT INFORMATyON ORW: []Yes VIN o PNA: Yes Photos Taken: Yes ❑ No Setback Required (riparian): ❑Yes o Critical Habitat: ❑Yes ❑No Wot Sure 15 foot waiver obtained: ❑Yes No Hazard ification Returned: ❑Yeslo SAV: []Yes Ao ❑Not Sure Shell Bottom: ❑Yes No Not Temporary Impacts: Yes ❑No Sure Sandbags: ❑Yes o M Not Sure Did the land use gkissification come from county LUP Yes ❑No ,Vyigation Required (optional): Yes [-]No Moratorium Conditions: /1 Environ ntal Assessment Done: Length of ❑Yes ❑No ❑NA 2 ❑Yes �No ❑NA FT. Shellfish Area D nation: Projed Description: (code) Development Area: (code) Open -or- bsed 15 • a jaGv-eS SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) 'Nigh Quality Waters (HOW) El Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) SS) Glasswort (Salicornia sp.) e rids) CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ❑ (BY) Salt reed grass (Spartina It miflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scrpus ❑ (TY) Cattail (Typha sp.) spicata) sp,) . Ll (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemedanus) a ens) APPLICATION FEE r ❑ No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 a ; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - ❑ II. Public or commercial/no dredge 00 ,—I--Private and/or fill - $400 no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w ID&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Recommendations for State Permit — Hunters Bay c/o Bill Clark Homes 12M20 The total square footage of the proposed 6 ft. wide access and 6 ft. wide floating dock within newly created Estuarine Waters would not be counted. It is the staffs recommendation that the proposal to excavate Coastal and Section 404type Wetlands for the construction of an upland basin and bulkhead appears to be INCONSISTENT with the Rules of 15A NCAC 07H .0205(d) Coastal Wetland Use Standards which states that: First Priority of uses shall be allocated to the conservation of Coastal Wetlands. Secondary Priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere (see Appendix C of the application for an open water alternative). and 15 NCAC 71-1.0208 (b) which states that: (1) Navigation channels, canals and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, SAV or areas of Coastal Wetlands..... (2) Navigation channels and canal maybe allowed through fringes of regularly and irregularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent wetlands and if there is no reasonable alternative that would avoid the welland losses. Pending application review by the Division of Marine Fisheries and the Division of Water Resources regarding potential impacts to the water quality of the adjacent SA waters, the project may be found to be INCONSISTENT. This office has objection to the proposed coastal and section 404 type wetland excavation and recommends DENIAL of this portion of proposal due to reasonable alternatives presented by the applicant in this application, It is the staffs recommendation that the proposed upland development is CONSISTENT with the Rules of 15 NCAC 71-1.0209 provided that the total impervious surface area for the lot remains below 25% or 30%, whichever applies This office has NO OBJECTION to the proposed upland development provided it is consistent with all other state and federal permitting requirements. Applicant: Date: Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 I Dimension 4 One One New Wo Replace 1 l Maint ❑ ❑ Y t^ 1 New Work Replace Maint ❑ ❑ V IN O ' New Work Replace Maint ❑ ❑ Y UN 1 New Work Replace Maint ❑ ❑ YJ N New Work Replace LA LO Maint El❑ Y N a— New Work Replace j;;0 Maint ❑ ❑ Y N Co New Work Replace Maint ❑ ❑ Y [}A New Work Maint ❑ Replace ❑ Y N , ` Des be below the HABITAT disturbances for th8 application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration andlor restoration or and/or temp restoration or temp impact temp impacts) mad amount) tamp impacts) amount owDredge Fill ❑ Both ❑ Other ❑ 7j-1 S Dredge❑ Fill XBoth ❑ Other ❑ Dredge\ Fill ❑ Both ❑ Other ❑ 3� mwDredge 9 Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill [IBoth ❑ Other (Sao La I Dredge ❑ Fill Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 02.26, 18 ROY COOPER Gorernar MICHAEL S. REGAN Secmiary BRAXTON DAVIS Uirec9ap Dh•isinn fCnm'(a( Management FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a)NCDEN R.aov SUBJECT: CAMA/Dredge & Fill Applicant: Bill Clark Homes Project Location: Parcels 24400011, 2400010, 2440000901, 24400009, 2440002005, 2440002007, 2440001301, 2440001201, 2440002006, 2440001302 Duck Pond Rd., adjacent to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: Proposal to construct a new 238 lot residential development with pool house, amenity building, a new upland canal/basin connecting upland lots to the AIWW, bulkhead, breakwaters and a boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 6, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached"` . Please see attached convents This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE /. ,.c DATE 12-15-20 h Carolina I Environmenml Quality I Coastal Management 127 Cardinal Drive Ext, Wilminbrton, NC 29405 919 796 7215 RECEIVED DEC 151010 MP SECTION DCM - MHD CITY Irk �� pR i.. NORTH CAROLIN:\ lnu'one9rn.a!(7rmhfi December 11, 2020 1' ROY COOPER Governor MICHAEL S. REGAN secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality 12/15/20 To: Curt Weychert, NC Division of Coastal Management From: Mark Brown, NC Public Water Supply, Wilmington Regional Office Subject: CA MA /Dredge & Fill Applicant: Bill Clark Homes Project Location: Parcels 24400011, 2400010, 2440000901, 24400009, 2440002005, 2440002007, 2440001301, 2440001201, 2440002006, 2440001302 Duck Pond Rd., adjacent to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: Proposal to construct a new 238 lot residential development with pool house, amenity building, a new upland canal/basin connecting upland lots to the AIWW, bulkhead, breakwaters and a boat ramp. Please forward the following comments to the applicant: If applicant plans to conduct any work (re -location, installation, extends utilities, etc...) involving the public water supply system per Title 15A Subchapter 18C Section .0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new waterlines prior to construction beginning. Please also be aware of our separation requirements in regards to water/sewer according to 15A NCAC 18C Section .0906 Rules Governing Public Water Systems. Check with the local water system for cross -connection requirements for this project Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. Feel free to call us at (910) 796-7215, if you have additional questions. RECEIVED DEC 15. 2020 MP SECTION DCM - MHD CITY �FQ North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension l Wilrolngton, North Carolina 28405 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS ,well IAxnrR,r,.vrl December 11.2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(cDNCDENR.eov SUBJECT: CAMA /Dredge & Fill Applicant: Bill Clark Homes Project Location: Parcels 24400011, 2400010, 2440000901, 24400009, 2440002005, 2440002007, 2440001301, 2440001201, 2440002006. 2440001302 Duck Pond Rd., adjacent to the AIWW in Ocean isle Beach, Brunswick County Proposed Project: Proposal to construct a new 238lot residential development with pool house, amenity building, a new upland canabbasin connecting upland lots to the A114W, bulkhead, breakwaters and a boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 6, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes i are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M 4; (z- AGENCY f v '✓ r a rYtrYl A-lue RECEIVED I' A r � 0 - � � JAN; 0 4 'l02? SIGNATURE ` MP SECTION DCM - MHD CITY DATE j ry 1 21 Carolina I Fnvironmmtal Quality I Coastal Managemem 127 Cardinal Dma Fx ., Wilmington, NC 28405 919 796 7215 a ROY COOPER Go ernor MICHAEL S. REGAN .5'ecrelary 4 BRAXTON DAVIS NORTH CAROLINA Dwrinr, DirisionrjCuaslnl r?rn'n nm. r.'.nl Oaafl} Management December 11, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a).NC DENR.gov SUBJECT: CAMA/Dredge & Fill Applicant: Bill Clark Homes Project Location: Parcels 24400011, 2400010, 2440000901, 24400009, 2440002005, 2440002007, 2440001301, 2440001201, 2440002006, 2440001302 Duck Pond Rd., adjacent to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: Proposal to construct a new 238lot residential development with pool house, amenity building, a new upland canal/basin connecting upland lots to the AIWW, bulkhead, breakwaters and a boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by January 6, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NCDMF/Shellfish Sanitation SIGNATURE Q. 7;Z&66 our for Shannon Jenkins DATE 12/16/2020 owt,ui Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED DEC 16 2020 MP SECTION DCM - MHD CITY NORTH CAROLINA S:rlronrnrnui i?:ahq. December 11. 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(a)N C DEN R.gov SUBJECT: CAMA/Dredge & Fill ROY COOPER Gnvemor MICHAEL S. REGAN Seereaory BRAXTON DAVIS Dimcmr, Dl ahn, ofCnaslal Manag"nerrl Applicant: Bill Clark Homes Project Location: Parcels 24400011, 2400010, 2440000901, 24400009, 2440002005, 2440002007, 2440001301, 2440001201, 2440002006, 2440001302 Duck Pond Rd., adjacent to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: Proposal to construct a new 238 lot residential development with pool house, amenity building, a new upland canal/basin connecting upland lots to the AIWW, bulkhead, breakwaters and a boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by January 6, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _X_ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Connie Marlowe AGENCY _Brunswick County SIGNATURE _anode DATE _14Dec20 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E%L, Wilmington, NC 28405 919 796 7215 RECEIVED DEC 14 MO MP SECTION DCM - MHD CITY use, • ROY COOPER c;,+gar,,,,. ?� MICHAEL S. REGAN Sr,rcrnrr BRAXTON DAVIS I)bratrr. Prcunm nJ!'nocnd .. .1Armgw w December 11, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertO-NCDEN R.gov SUBJECT: CAMA/Dredge & Fill Applicant: Bill Clark Homes Project Location: Parcels 24400011, 2400010, 2440000901, 24400009, 2440002005, 2440002007, 2440001301, 2440001201, 2440002006, 2440001302 Duck Pond Rd., adjacent to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: Proposal to construct a new 238 lot residential development with pool house, amenity building, a new upland canallbasin connecting upland lots to the AIWW, bulkhead, breakwaters and a boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by January 6, 21i21. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Memo Attached PRINT NAME Wanda Hilliard AGENCY State Property Office SIGNATURE DATE January 6. 2231 r Axf elma ^em om ¢m lQua ity Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 Roy Cooper, Governor North Carolina Department of Administration State Property Office January 6, 2021 Curt Weychert, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 From: Wanda Hilliard Real Property Agent Re: CAMA Permit Application Review / Brunswick Bill Clark Homes Machelle Sanders Secretary Tim Walton Director Parcels 24400011, 2400010, 2440000901, 24400009, 2440002005, 2440002007, 2440001301, 2440001201, 2440002006, 2440001302 Duck Pond Rd., adjacent to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: Proposal to construct a new 238lot residential development with pool house, amenity building, a new upland canaUbasin connecting upland lots to the AIWW, bulkhead, breakwaters and a boat ramp. Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. State of North Carolina I State Property Office 116 Westjones Street, Suite 405511321 Mail Service Ctr. I Raleigh, NC 27699 9198074650 TI Web: http://w .ricspo.com Weychert, Curtis R From: Sams, Dan Sent: Friday, January 15, 2021 3:35 PM To: Weychert, Curtis R Cc: Pietila, Tanya K Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton Projects that I haven't responded to: Towana LLC: No comment Dan Wall: No comment P.L. and Frances White: No comment National Gypsum Company: Erosion & Sediment Control application and approval are required for the dredge site if not currently permitted and review under the Stormwater Program requirements. Bill Clark Homes: Erosion & Sediment Control and Stormwater Program applications and approvals are required. Ery Kehaya & Jam Properties, Inc.: Erosion & Sediment Control and Stormwater Program applications and approvals are required. Cameron Ward: No comment Philip Barker: No comment Dale Ardizzone: No comment Darby and Stertzer: No comment Town of Oak Island: Land disturbing activity landward of the first line of stable vegetation and exceeding one acre will require Erosion and Sediment Control application and approval and review under the Stormwater Program requirements. Christie and Roy Hawkins: No comment Ellis Tinsley: No comment Sunset House FBI, LLC: No comment Ruegg family: No comment Rowlett & Norton: No comment Sorry that I keep getting behind. dan.sams From: Pietila, Tanya K Sent: Friday, January 15, 2021 3:05 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_ Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney. Butler@ ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <david harris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; CBouffard@nhcgov.com Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Elks, Katharine B <katharine.elks@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: CAMA Major Application: Kathy Rowlett & Mandy Norton Hello All! 14 i RECEIVED JAN 2 0 2021 MP SECTION DCM - MHD CITY North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper January 20, 2021 Curt Weychert NC Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Secretary D. Reid Wilson curt.weychertl7a NCDENR.Rov RE: Construct 238 lot residential development, with new upland canal/basin, bulkhead, breakwaters, & boat ramp, several parcels along Duck Pond Road, Ocean Isle Beach, Brunswick County, ER 20-2500 Dear Mr. Weychert: Thank you for your December 29, 2020, submission concerning the above -referenced project. We have reviewed the project and offer the following comments. The Area of projected effect contains within it six known prehistoric archaeological sites (BW 171, B W 172, B W 173, BW 174, BW 175, and BW46), all of which are currently unassessed. Surrounding lots have been surveyed archaeologically and have yielded sites of archaeological significance as well, with at least fifteen different sites both historic and prehistoric in the vicinity. As such, our office requests a comprehensive survey to be conducted within the proposed project area, to relocate, delineate, and evaluate these sites for national register eligibility, and determine if other sites are present on the property. The purpose of this survey is to identify archaeological sites and make recommendations regarding their eligibility status in terms of the NRHP. This work should be conducted by an experienced archaeologist that meets the Secretary of the Interior professional qualifications standards. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at https://archaeolog .ny cdcr.gov/archaeological-consultant-list. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. Please note that our office requests consultation with the Office of State Archaeology Review Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation. One paper copy and one digital copy (PDF) of all resulting archaeological reports, as well as a digital copy (PDF) of the North Carolina Site Form for each site recorded, should be forwarded to the Office of State Archaeology (OSA) through this office, for review and comment as soon as they are available and in advance of any construction or ground disturbance activities. OSA's Archaeological Standards and Guidelines for Background Research, Field Methodologies, Technical Reports, and Curation can be found online at: https://fiiles.nc.gov/dner-arch/OSA Guidelines Dec20l7.pdf. Location: 109 Cast Joncs street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: r119) 8146570/8146898 .i. We have determined that the project as proposed will not have an effect on any historic structures. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �1 RECEIVED (� Ramona Bartos, Deputy Ll State Historic Preservation Officer JAN 2 01011 MP SECTION DCM - MHD CITY DocuSig� Envelope ID: AOFC5887-7D0143DA-898A-C914A74BFE3�' t/ ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental QuafffY February 4, 2021 CERTIFIED MAIL: 70201290 00016718 3081 RETURN RECEIPT REQUESTED Bill Clark Homes Attn: Landon Weaver 127 Racine Drive Wilmington, NC 28405 Subject- REQUEST FOR ADDITIONAL INFORMATION Hunters Bay Subdivision -Bill Clark Homes, Brunswick County Dear Mr. Weaver: DWR # 2020-1978 Brunswick County RECEIVED FEB 0 4 2021 MP SECTION DCM - MHD CITY On December 11, 2020, the Division of Water Resources (Division) received your CAMA Major Development Permit application requesting a 401 Water Quality Certification from the Division for the subject project The Division also participated in a scoping meeting for this project on February 20, 2020, which was held at the Wilmington Regional Office (WiRO). The Division has determined that your application is incomplete and be processed. The application is on -hold until all of the following information is received: 1. The application proposes new dredging of an access channel through approximately 9,376 - square feet (0.21 acres) of coastal wetlands (15A NCAC 07H .0205) and approximately 5,354 square feet (0.12 acres) of §404 wetlands for an upland access canal/basin and boat - ramp for the proposed Hunters Bay subdivision development The Divisions is concerned that these impacts will cause a degradation of waters and violate Water Quality Standards. You have included an alternative design of an open water community docking facility along the Atlantic Intracoastal Waterway ("AIWW") in Appendix C. This area of the AIWW is designated as SA;HQW by the Division. During the February 20, 2020 scoping meeting, resource agencies recommended you consider the open water marina alternative and remove the proposed new dredging within coastal wetlands and §404 wetlands from the project On February 1, 2021 the Division received comments from the Division of Marine Fisheries ("DMF"), which recommend avoiding the proposed coastal wetland and §404 wetland impacts by pursuing an alternative design, such as the open water marina design due to the proximity to the AIWW, the waters being closed to shellfish harvesting, and not being located within a designated Primary Nursery Area ("PNA"). Please demonstrate why the open water marina alternative, which would minimize impacts to wetlands, is impractical or unfeasible. [15A NCAC 02H .0506(b)] 9P North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 ,9A910.796.7215 DocuSign Envelope ID: AOFC5887-7D01-03DA-B98A-C914A74BFE34 i 2. For the preferred alternative, please demonstrate how the proposed access channel and upland canal/basin will meet North Carolina water quality standards, specifically for dissolved oxygen ("DO") levels. North Carolina water quality standards for DO shall be "Not less than 5.0 mg/I, except that swamp waters, poorly flushed tidally influenced streams or embaymenCs, or estuarine bottom waters may have lower values if caused by natural conditions" [15A NCAC 02B .0220(5) and 15A NCAC 02B .0221]. The DO standard of 5.0 mg/I is based on a daily average. Anticipated violations of DO or other water quality .standards could result in denial of 401 Certification for o proposed marina. It has been recognized that the DO standard may be difficult for many two or more segment marinas to achieve because reduced water circulation favors stagnation and oxygen demands can cause DO inside poorly flushed basins to be lower than in adjacent waters [15A NCAC 02B .0220(5) and 15A NCAC 02B .0221]. This Office requires a Flushing Model and Dissolved Oxygen Model for the proposed access channel, canal and boat basin. During the scoping meeting held at this office on February 20, 2020, DWR staff and other resource agencies addressed flushing of the access channel, canal, and boat basin, and that the proposed project may require Flushing and DO models. The models are necessary to help DWR determine impacts the proposed basin will have on water quality. Please note that it is necessary for this Office to review and approve sampling sites before sampling models begins. Please provide a proposal to model the tidal flushing and dissolved oxygen level of the propose access channel, canal and boat basin. [15A NCAC 02B .0220(5),15A NCAC 02B .0221 and 15A NCAC 02H .0506(b)] 3. Please provide more details that addresses the concerns from the NCDMF regarding practical alternatives and avoidance and minimization of impacts for this project (see attached DMF memo dated 2/1/2021). [15A NCAC 02H .0506(b)(1-5)] If these issues are not resolved, the NCDWR will have to move to deny your application as required by 15A NCAC 2H .0506. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699- 1617 OR by submitting all of the above requested information through this link: https:/ledocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. RECEIVED FEB 0 41021 MP SECTION DCM - MHD-CITY DocuSign Envelope ID: AOFC5887-7D01-43DA-B9BA-C914A74BFE34 Please contact Robb Mairs or Tyler Benson at 910-796-7215, or Robb.Mairsc@ncdenr.gov or Tyler.Benson(ancdenr.gov if you have any questions or concerns. Sincerely, E o5lgned hy. Morella Sanchez -King, Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Greg Currey, USACE Wilmington Regulatory Field Office (via email) Curt Weychert, DCM Morehead City (via email) Paul Wojoski, DWR 401 and Buffer Permitting Branch Central Office (via email) Steve Morrison and Greg Finch, LMG (via email) DWR WiRO 401 files (Laserfiche) RECEIVED FEB 0..7011 MP SECTION DCM - MHD CITY lsoutrtslr-) q01 om A A41tk 3 JIM LP CdN tibcT Application Review Checklist DCM Letter Accepted Complete 12 /20 . 75 day Plaard Comment date %4 1 Comment Public: Accepted IZ"�"� RIt I \.� Jt1LY— Rl7 Computer: Initial g-3► 72 Accepted t 30_ZO Applicant - -2b Deficiency Letter? �2 /6 III'I" (�r,obt2tSolJ Agent I-Ir't� 1 Field Rep. �— Physical Address 30/75 Development AECs Habitat Buffer Designations Riparian Notification? Green Card? Signed Form? No Obj Waive 15' Fee Schedule icc GL bL'U1ASPt'� 2 Attestations ✓FjNAttJg/ Ping req D Neighbor i ^' A' ,/ // W/'0I �VztcD Water Neighbor 2 LN nt� "�a"1!S Dependent Deed.--�L Raparian rights From Property line Navigation/ Channel Proximity Residential Commercial FT calculations 8ft2 or 27ftz N/A PTA Concerns? 2�3 LOT Wrttr�lZtr-(l�n' 3,SC6 LF iJ,�h�GW ktaa-5 gDR� U-N P 13 ,8C�6 SF M 32 �)� Ph C�s&N4s Z� j1b7c S� l�2 oV,) LDT FtLj SrDe►�wAld2 fX'� S It+ gr L1014 F� � Mll'�GA-VW *000S&P 1 S CAM�' ����� 2�1 qo' = gj32 LA — Dazb f 13a vc v _ �,�3 ► ! ploy �0 l2 �, LM w NP2) , Dc D StF DP+, t� W � - of ?o lI X t LWMP2� ISSUES OF NOTE PH or 1/4 width? �S�O�NI��- j�ralEZoPN,c3xrf UPulOt--) a,tsltJ (Wp4buao�r 31 LDTs) 5 SfLqOAWATdL �61N6-S Wax wt,rea— Z x 3,)q tv — 1 u 1 59,A0.0 I o- -Nor e-xCebt V ov& 00 Permit Checklist Major Development Excavation/Fill EEI Applicant $%tL G.A doves Cl,, LAUDLY0 Address n. A. a n.. 'nu.e-e — ) 7 1 A Al Wr.- TO . Wit County .(� L J et) msw V—_ Physical Location including Waterbody Description MP Forms Dates Drawings SN,e # Drawing Development Types Including Conditions and Notes DWR 401 Certification # Date Recd Date Issued USACE SAW # Permit Fee Additional Comments On Back [=—I k m Permit # 30kv d_NHW_Line Wetland Handheld GPS Points indheld GPS Points land Lines Namr, WAMI� •.' Ik �` 11111�yli y -tr, I �.. . ;, __� -';fit• �, . •�-� 4 ar - k Pond Road Tract `'' Legend i description for your map. Bent Tree Plantation Clubhouse r-- Duck Pond Road Tract it G 1• ^ i /� lid -Feature 1 Feature 2 kswv- Ocean Isle Beach A' Ocean Isle Fishing Center Ocean Isle \oblunteer Fire Dept Duck Pond Road`Tract yyy 4J �T� f •. • 9 �76 —7 1 Wf'' . 4. Brunswick County GISpata Viewer S.pt ,• Y ifi\ 1 �. Z..: . 302019, 2.23:36 PM oads — NC Hwy Parcels ❑ County Boundary ■ Blue: Band-3 Interstate — State Road Condo ■ Red: Band-1 US Hwy Minor Parcel ■ Green: Band-2 4 1 1 'J C 1:10,000 0 0.075 0.15 0.3 mi 0 0.125 0.25 0.5 km Br".ir court' GIS Wr W.ck cowry I Brw is cowryG SIGN UP SHEET SCOPING MEETING Duck Pond Development Development OIB Brunswick County February 20, 2020 Name Agency Phone Email Cameron Weaver NCDEQ-DEACS 910-796-7265 Cameron.Weaverna.ncdenr.gov Rob Balland Paramounte 910-791-6707 RBallandaa,paramounte-eng.com Mike Nichols Paramounte 910-791-6707 MNichols(a-)aaramounte-engcom Landon Weaver Bill Clark Homes 252-814-1481 LWeaverna.billclarkhomes.com Mickey Sugg USACE 910-251-4811 Mickey.T.Suggausace.army.mil Greg Currey USACE 910-251-4707 Gregory.E.Currey(ausace.army.mil Tara MacPherson DCM 910-796-7266 Tara.MacPherson(dncdenr.gov Jeremy Humphrey DMF-Shellfish 910-796-7367 Jeremy.Humnhreyamcdenngov Steve Morrison Land Mgt. Group 910-452-0001 SMorrisonAlm roup.net Kelly Johnson DEMLR-SW 910-796-7343 Kelly.P.Johnsonnd,ncdenr.gov Gregg Bodnar DCM 252-808-2808 Gregg.Bodnarna.ncdenr.gov Curt Weychert DCM 252-808-2808 Curt.Wevchertancdenr.gov Anne Deaton DMF 910-796-7311 Anne.Deaton(ancdenr.gov Robb Mairs DWR-401 910-796-7303 Robb.Mairs@ncdenr.gov Maria Dunn WRC 252-948-3916 Maria.Dunnamcwildlife.org Rhonda Hall DEMLR-LQ 910-796-7312 Rhonda.Halingncdenngov Matthew Stokely DMF 910-796-7287 Matthew.Stokleynd.ncdenr.gov Tyler Benson DWR 910-796-7336 Tyler.Benson(a,ncdenr.gov *Twyla Cheatwood NOAA-NMFS 252-728-8758 Twyla.Cheatwood(&noaa.gov X Unavailable *Conference call NCDEQ WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004 *YY- hNnWH; 3I )WW '16M fnOVWN wmo 14,q4 'V� ;P .........,� �Wp44yy�V,✓1, 4pJ9%M' �_ V51 vo�s n�n� y � M� IN I-t v NOW-10500) H41 �•, UOIMSOa3 /2ilI�V3C� saanosaY aapM la na19NU 2iMa oytvey hop uairn5-+ � �+Nrdr%i �o,r+,4% 3N� 5kY12�ryfN�W MJ d4 H40 5JM7 /(0 k 1VN9 L mim S Wrw) a�W2 1a a41 -711odd lSon a vgr)e# -PN1 0,1 1"►V 9V s IVA,* (0 a,oAV, Nlry, SFVVrVeM"9 9 t7Oh �'•1 IA"YJ Na )4vv# ?n1 nmw�S Hnb,o Nr Iviw 52,.;,v R5) �,01 Z£2 IV*J +'dnd-wroo 0I "fl✓ �1<1 0j 1� 6#7 lue:)ilddy :pafoJd 10tv Wad SaloN Suilaaim 8uido:)S r r a ROY COOPER MICHAEL S.REGAN Soarelary BRAXTON DAVIS NORTH CAROLINA Direcmr, Dlvi.viwr ojCoaexol lint';rnmr.�nLr'! m;irfi Management December 11. 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertaC)NCDENR.aov SUBJECT: CAMA/Dredge & Fill Applicant: Bill Clark Homes Project Location: Parcels 24400011, 2400010, 2440000901, 24400009, 2440002005, 2440002007, 2440001301; 2440001201, 2440002006, 2440001302 Duck Pond Rd., adjacent to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: Proposal to construct a new 238lot residential development with pool house, amenity building, a new upland canal/basin connecting upland lots to the AIWW, bulkhead, breakwaters and a boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form to QmLLWayGft=at the address above by January 6, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X _ This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE /4E�416aPr AZ Yr2z� DATE 02/01/2021 ------ &W&4fNenh Carolina I Environmental Quality) Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 9197967215 RECEIVED FE9„0'1 2021 MP SECTION DCM - MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Curt: Weychert, DCM Assistant Major Permit Coordinator FROM: Kimberlee Harding, DMF Fisheries Resource Specialist SUBJECT: Hunters Bay c/o Bill Clark Homes, Brunswick County DATE: January 19, 2021 A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to develop a 283 lot waterfront residential development, a new upland canal/basin connecting upland lots to the AIWW with boat ramp, bulkhead, and breakwaters in Brunswick County. The project is in waters classified as SA -Outstanding Resource Waters (ORW) by the Division of Water Resources and are closed to the harvest of shellfish. This area is not designated as a Primary Nursery Area (PNA) by the NCDMF. The project proposes to excavate 9,376 square feet of coastal wetlands and 5,354 square feet of §404 wetlands. Additional filling of 27,160 square feet of "isolated" wetlands is proposed. The project will dredge 6,000 square feet of open water; 620 square feet will be incorporated by breakwaters and 80,000 square feet associated with the upland basin. The proposed 3,506 linear feet bulkhead will incorporate 800 linear feet of public trust waters. Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ 2015). Coastal wetlands are a productive detritus -based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Recent research indicates that even narrow fringes of wetlands are essential factors for fish utilization and erosion control (Whaley and Minello 2002; MacRae and Cowan 2010; Minello et al. 2011; Gewant and Bollens 2012). An estimated 95% of commercial finfish and shellfish species in the US are wetland dependent (Feierabend and Zelany 1987). Species common to coastal wetlands include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp; with a myriad of prey species as well. Wetlands can enhance foraging functions of adjacent habitats, which is why primary (PNA) and secondary (SNA) nursery habitats are closely linked with coastal wetlands. In addition, these wetlands are important to waterfowl feeding and nesting activities. The proposed inland canal extends through 14,730 square feet of coastal and §404 wetlands. /'Nothing Compares�. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557 252-726-7021 RECEIVED FEB 0'X 2021 n MP SECTION DCM - MHD CITY The NCDMF does not recommend direct dredging of coastal wetlands in that, the loss of wetlands will adversely impact fishery resources and habitat. As well, maintaining wetlands and other natural vegetation along the shoreline can reduce stormwater runoff that can degrade the designated SA water quality. The application states the upland canal's design incorporates minimization of impacts by limiting the width of the inland canal to 40'. The NCDMF does not agree due to the high ecological importance of coastal wetlands to fisheries as well as water quality, and existing Coastal Resources Commission and Environmental Management Commission rules requiring that new dredging avoid wetland losses. The proposal includes recognition that a 34-slip open water marina would be an alternative option. Though the applicant does not prefer this option to the upland canal and boat ramp. It is the opinion of the NCDMF, an open water marina is a viable alternative that would avoid and minimize impacts to coastal wetlands. The open water marina would be in waters close to the AIWW, it is not designated as PNA, and is closed to shellfish harvest. In summary the division objects to the permit application, specifically the extensive new dredging through Coastal and §404 wetlands. The NCDMF requests additional information for project modification that includes greater avoidance and minimization of coastal and §404 wetlands impacts, including consideration for the open water marina. Sources Boswell, K.M., Wilson, M.P., MacRae, P.S., Wilson, C.A. and Cowan Jr, J.H., 2010. Seasonal estimates offish biomass and length distributions using acoustics and traditional nets to identify estuarine habitat preferences in Barataria Bay, Louisiana. Marine and Coastal Fisheries, 2 (1), pp.83-97. Feierabend, J.S. and Zelazny, J.M., 1987. Status report on our nation's wetlands. National Wildlife Federation. Gewant, D. and Bollens, S.M., 2012. Fish assemblages of interior tidal marsh channels in relation to environmental variables in the upper San Francisco Estuary. Environmental biology offishes, 94(2), pp.483-499. Minello, T.J., Rozas, L.P. and Baker, R., 2012. Geographic variability in salt marsh flooding patterns may affect nursery value for fishery species. Estuaries and Coasts, 35(2), pp.501-514. NCDEQ (North Carolina Department of Environmental Quality) 2016. North Carolina Coastal Habitat Protection Plan Source Document. Morehead City, NC. Division of Marine Fisheries. 477 p. Whaley, S.D. and Minello, T.J., 2002. The distribution of benthic infauna of a Texas salt marsh in relation to the marsh edge. Wetlands, 22(4), pp.753-766. Contact Kimberlee Harding at (910) 796-7475 or Kimberlee.Harding@ncdenr.gov with further questions or concerns. RECEIVED Nothing Compares FEB 012021 State of North Carolina I Division of Marine Fisheries L SECT10t 3441 Arendeil Street I P.O. Box 769 1 Morehead City, North Carolina 28557 �iM - MHp 252-726-7021 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Hunters Bay c/o Bill Clark Homes 2. LOCATION OF PROJECT SITE: Parcels: 24400011, 24400010, 2440000901, 24400009, 2440002005, 2440002007, 2440001301, 2440001201, 2440001101, 2440002006, 2440001302 adjacent to Duck Pond Road and the AIWW, in Ocean Isle Beach, Brunswick County. Latitude: 33053'59.60N Longitude: 780 25' 18.6" W 3. INVESTIGATION TYPE: CAMA/ D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/28/20, 9/17120 Was Applicant Present —Yes (agent) 5. PROCESSING PROCEDURE: Application Received — 8131/20 a Complete—11/30/20 Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification From LUP- High ground is Mainland Residential and water/marsh areas are Conservation ' (B) AEC(s) Involved: ES, CW, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned - Municipal (F) Type of Structures: Existing — Vacant Land Planned —New residential development, pool house, amenity building, upland marina basin for access to the AIWW, bulkhead, breakwaters and a boat ramp. (G) Estimated Annual Rate of Erosion: N/A Source — NIA HABITAT DESCRIPTION: [AREA] DREDGED FII_I Fr) QTHFR (A) Vegetated Wetlands (Coastal) 9,375 sq. it (Section 404) 5,354 sq. ft. 13,805 sq. ft. (B) Open water 6,000 sq. ft. 620 (incorporated) (C) Other (Highground) 20,729 sq. ft. 84 acres (D) Total Area Disturbed: Total = 85.2 acres Wetlands only= 28,534 sq. ft. (0.66 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: No PROJECT SUMMARY: The applicant is proposing a new 283 lot waterfront residential development with pool house and amenity building, a new upland canal/basin connecting upland lots to the AIWW, bulkhead, breakwaters and a boat ramp. Hunters Bay c/o Bill Clark Homes Page 2 9. PROJECT DESCRIPTION: The proposed project is located on Parcels: 24400011, 24400010, 2440000901, 24400009, 2440002005, 2440002007, 2440001301, 2440001201, 244000, 2440002006 and 2440001302 adjacent to Duck Pond Road and the AIWW, in Ocean Isle Beach, Brunswick County. All parcel numbers reference upland lots except for 24400001301, which is adjacent to the AIWW. The existing upland parcels and the waterfront parcel are vacant and undeveloped. The total project area combining all parcels is approximately 133.6 acres with elevations of up to 34 ft. above NHW. Parcel number 24400001301 has approximately622linear ft. of shoreline adjacent to the AIWW within the Lumber River Basin. Upland vegetation consists of natural forested area. The shoreline of the parcel adjacent to the AIWW (24400001301) is vegetatively stabilized and transitions from highground to high marsh landward of the NHW mark and consists of Salt Meadow Hay (Spartina patens), Black Needlerush (Juncus roemedanus), Glasswort (Salicomia spp.) and Sea Lavender (Limonium sp.). Low marsh consisting primarily of Smooth Cordgrass (Spartina altemiflora) extends approximately 200 ft. from the high ground to theAIWW and an average of approximately 80' waterward of the NHW mark before transitioning to open water and a high ground sandyhummock adjacent to the AIWW. No CAMAordredgeand fill permit history was found for any portions of the project area. DCM staff verified both the Coastal Wetland Line and the Normal High Water line during a joint site visit with DWR. The Brunswick County Land Use Plan classifies adjacent high ground area of project site as Mainland Residential and the waters of the AIWW of Conservation. The waters of AIWW are classified SA; HQW by the Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant is proposing a new 283 lot waterfront residential development with pool house and amenity building, a new upland canal/basin connecting upland lots to the AIWW, bulkhead, breakwaters and a boat ramp. Most of the proposed upland development would be landward of the 75 ft. Estuarine Shoreline AEC, however the proposed canal connecting upland lots to the AIWW would bring NHW landward thus changing the location and size of the AEC (see Sheets 2 and 3 of 6). The 31 residential lots directly adjacent to the proposed canal would have a 30 ft. buffer and the 75 ft. AEC would need to be determined on the local level regarding allowable impervious surface coverage for home construction. individual lot development would be permitted through Brunswick County and the new AEC areas would apply. Upland impacts consistof283 residential lots, a 55 ft. long by 22 ft. wide (1,210sq. ft.) pool house, a 24 ft. long by 22 ft. wide (528 sq. ft.) amenity building with access roads, utilities and 8.4 acres of impact to construct 5 storm water ponds (See Sheet 2 of 6). According to the applicant upland portions of this project would disturb approximately 84 acres. The current proposal indicates that the amount of impervious surface within the AEC, as defined by the new NHW line, would be 0.7 %, while other areas would not exceed 40% impervious coverage. The total proposed Section 404 wetland impacts (fill) for the upland areas would be 13,805 sq. ft. (0.32 Acres) inside and outside of the 75 ft. AEC for three road crossings. The application identifies 4 additional "isolated" wetland areas for lot fill and storm water pond construction totaling 27,160 sq. ft (0.62 Acres). One 30 ft. long by 24" wide culvert is proposed to be replaced with a new 42 ft. long by 24" wide culvert and a new 42 ft. long by 48" culvert is proposed for road crossings (See Sheet 2 and 6 of 6). Impact Area "A" is a replacement culvert with a proposed 187 sq. ft. of wetland impact and Impact Area "B" is a new culvert with 1,381sq. ft. of wetland impact. The applicant has provided a Jurisdictional Determination from the USACE dated July 28, 2020. Appendix E includes proposed mitigation for wetland impacts through mitigation bank credits. The application also includes a proposal for 3,506 linear ft. bulkhead to stabilize both sides of the proposed upland canal/ basin and a boat ramp (see Sheets 2 and 3 of 6) with additional wetland impacts. The upland canallbasin would provide water access for 31 lots. The construction of an 1,890 linear ft. canallbasin for upland access to the AIWW would result in the excavation of both Coasts and Section 404 type wetlands. As proposed, an area of Coastal Wetlands measuring approximately230 ft. long by 40 ft. 04de for a total of 9,375 sq. ft. (0.24Acres) would be excavated. An area of Section 404 type wetlands would also be ex vated in an area measuring approximately 130 ft. long by 40 ft. wide for atotal of 5,354 sq. ft. (0.12 Acres). According to the application, the bulkheads adjacent to wetlands would not have to backs to avoid wetland disturbance beyond the canal edge. The canal/upland basin excavation is proposed to extend from the USAGE setback inland through both Coastal and Section Hunters Bay cfo Bill Clark Homes Page 3 404 type wetlands to the Hunters Bay community (see Sheet 5 of 6). The canallbasin width is proposed to be 40 fL wide at the entrance channel extending approximately 800 linear ft. inland. Open waterexcavation at the entrance channel would be to-6 ft. at NLW and would impact approximately 6,000 sq. ft. of open water area. The remainderof the proposed upland canal/basin would be approximately 1000 ft. long by 80 ft. wide with water depths ranging from-4 to -6 ft. at MLW. Once excavated, the depth of the canaltbasin is proposed to be -4ft. at MLW at the head of the cenallbasin and this would taper to— 6 ft. at MLW within the AIWW entrance channel. Existing elevations of the upland area is 28 ft. above NHW. According to the applicant, all spoil material would be stored on upland areas onsite. According to the applicant, the inland canallbasin would create a channel for residential boating access and the proposed water depths of 4 ft. to -6 ft. at MLW would allow for water circulation, tidal exchange and faunal movement through the access canal (see Narrative). The two proposed 304 linear ft. breakwaters would extend below the Mean High Water Line and would not exceed 1 ft. above MHW with minimum 1-inch spacing per linear ft. (see Sheets 4 and 5 of 7). Elevated channel markers would be installed at the outer ends of both canaybasin walls. A boat ramp with access walkway and floating dock is proposed within the 80 ft. wide inland canal/basin section (see Sheets 2 and 3 of 6). A 150 ft. long by 20 ft. wide boat ramp is proposed extending from the upland to the west side of the access canal with a 3:1 slope to existing grade. A 150 ft. long by 6 ft. wide access walkway would lead to a floating dock measuring 42 ft. long by 6 ft. wide (252 sq. ft.) adjacent to the boat ramp for transient access. The application provides a discussion of an open water marina option alternative (see Appendix C). This alternative has not been reviewed for impacts and is not part of the current review. The applicant states thatthe project has been reviewed by State Storm water and SW8 200601 was issued on July20, 2020. The application also includes a Letter of Approval from the NC Land Quality Section, which was issued on September 10, 2020. Adjacent property owner notifications were verified and no encroachment is proposed within either 15 ft adjacent riparian setback. A scoping meeting was held for this project on February 20, 2020 and DWR was in attendance (see Attached). 10. ANTICIPATED IMPACTS: The proposal to construct a new residential development with an upland canal connecting to the AIWW would result in the excavation of 9,376 sq. ft. of Coastal Wetlands and 5,354 sq. ft. of Section 404 type Welland Area. Approximately 6,000 sq. ft. of open waterwould be excavated and 620 sq. ft. incorporated by the proposed breakwaters. An additional 13,805 sq. ft. of Section 404 type wetiand area would be filled for upland development. There would be a total of19,159sq. ft. of404type we0andimpacts of which 1,510 sq. ft would be within the 575 fL AEC. Additional filling of 27,160 sq. ft of"Isolated" wetlands is also proposed. The proposed bulkheaded inland canal would result in new Estuarine Water and Public Trust areas extending up to 800linear ft, inland from the existing MHW line. The new MHW line would be located along the back and both sides of the canal. The proposed boat ramp and floating dock would be constructed within the newly excavated canal. No construction is proposed within either 15' Adjacent Riparian Corridor Setback. High ground development would disturb approximately 84 acres of upland within the 133-acre tract for subdivision infrastructure and utilities. All construction on newly created lots would be permitted independently through Brunswick county. The total impervious area for the project would be 40% site wide. The application states that the total impervious area inside the 75 ft. Estuarine Shoreline AECs would be limited to 0.7%, which would be less than the maximum 30% impervious allowed.. Submitted by: Tara MacPherson Date: December 7, 2020 Office: Wilmington ROY COOPER Governor MICHAEL S. REGAN s—tory BRAXTON C. DAVIS Director Bill Clark Homes — Hunters Bay No Greg Finch- Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Finch: NORTH CAROLINA EmriranmentafQuartty December7,2020 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Bill Clark Homes for State approval for development of the subject property located at Parcels: 24400011, 24400010 2440000901, 24400009, 2440002005, 2440002007, 2440001301, 2440001201, 2440001101, 2440002006: 2440001302 adjacent to Duck Pond Road and the AIWW, in Ocean Isle Beach, Brunswick County. It was received as complete on November 30, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 13, 2021. An additiohal 75-day review period Is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, You should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letterwill be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 30, 2020 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filin development You should g" postcard which must be posted at the property of your proposed post this notice at a conspicuous point along your property where @ can he observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tara MacPherson WJ Disf ict Manager cc: WiRo Robb Mairs, DWR Landon Weaver, Applicant Curt Weychert, DCM MHC IGm Harding, DMF USACE Connie Marlowe, LPO Maria Dunn, WRC .Q5 North Carolina Department OfEnvi,onmental Quality I DivWmef Coastal Management Wilmington office 1127Cardinal Drift Extension I W,Imtngton, North 6roBna 28405 910.796.TM CAMA PERMIT APPLIED FOR licant roposes to construct a new 238 lot Alin r 1'd•r-V-Fa 7-Li�1�TGT T-�. 7���7.'Ti�. S .. A#-A �»■ 0 • 3A :. " mm, Ad , pok-,ju -- APPLICANT: Bill Clark Homes c/o Landon Weaver Racine Onve —wilmI Uko I NG 20405 Agent: Land Management Group Steve Morrison (910) 452-0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Iv. of Coastalanagemen ar Ina r. ext. Wilmington, NE; 284U5 ara Macpherson ROY COOPER fwnenwr MICHAEL S. REGAN Seemian BRAXTON DAVIS Oman[ Dlvaro of('r ,al Mmwgemnn December 11, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County • BID Clark Homes Hello Angie: Please publish the attached Notice in the Wednesday, December 16, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of larimy Springer. Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, T a . Pietila v Permitting Support & Customer Assistance cc: WIROFile — Curt Weychert USACE State of Nonh Caroline I Enron ntal Quality I Coastal M® genza 127 Cardinal Dme Ext., Wilmington, NC 29405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On December 7, 2020, Bill Clark Homes proposed to construct a new 283 Lot waterfront residential development to include a new upland canal & basin to connect to the AIWW, a boat ramp, breakwaters & bulkhead at Duck Pond Rd., adj. to the AIWW, in Ocean Isle Beach, Brunswick County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wil aington, NC 28405, (910-796-7266) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 6, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. MacPherson, Tara From: Finch, Greg <gfinch@lmgroup.net> Sent: Tuesday, October 13, 2020 9:20 AM To: MacPherson, Tara Subject: Re: [External] Re: Hunters Bay Attachments: scoping meeting attendee listpdf Categories: To Print Hi Tara, A scoping meeting was held at which DWR was present. The date of the scoping meeting was February 20, 2020 and this project was discussed. This meeting met the requirement for requesting a pre -filing meeting under 40 CFR Part 121 for 401 Certifications in accordance with the federal Clean Water Act. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this C WA 401 certification request within the applicable reasonable period of time. Let me know if there is anything further required. Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Tue, Oct 13, 2020 at 8:41 AM MacPherson, Tara <tara.macpherson@ncdenr.eov> wrote: Hi Greg, I talked with DWR and they asked if there was a scoping meeting on this. I said yes, but was not sure on the date. Please make sure you include that detail in the narrative. I cannot remember if you pre -filed with DWR or not, but if not use the link below to do that. I will review what you sent this week. littps:Hedoes.deg.nc.gov/Forms/Pre-Filing-Meeting-Request RECEIVED OCT 13 ?0j DCM WILMINGTON. NC SIGN UP SHEET SCOPING MEETING Duck Pond Development Development OIB Brunswick County February 20, 2020 Name Agency Phone Email Cameron Weaver NCDEQ-DEACS 910-796-7265 Cameron.Weavera,ncdenr-Rov Rob Balland Paramounte 910-791-6707 RBalland(&,t)aramounte-en2.com Mike Nichols Paramounte 910-791-6707 MNichols(a),paramounte-eno.com Landon Weaver Bill Clark Homes 252-814-1481 LWeaver(abillclarkhomes.com Mickey Sugg USACE 910-251-4811 Mickev.T.SuQ(z0,usace.armv.mil Greg Currey USACE 910-251-4707 Greaory.E.Currevca?usace.armv.mil Tara MacPherson DCM 910-796-7266 Tara.MacPherson(a%ncdenr.2oy Jeremy Humphrey DMF-Shellfish 910-796-7367 Jeremy.Humphrey0ncdenr.gov Steve Morrison Land Mgt. Group 910-452-0001 SMorrisonawlmaroup.net Kelly Johnson DEMLR-SW 910-796-7343 KellvP.Johnsonr&ncdenr.gov Gregg Bodnar DCM 252-808-2808 Gregg.Bodnar(oncdenr.sov Curt Weychert DCM 252-808-2808 Curt.Wevchert(amcdenr.eov Anne Deaton DMF 910-796-7311 Anne.Deaton(@..ncdenr.-,ov Robb Mairs DWR-401 910-796-7303 Robb.Mairs ncdenr. ov Maria Dunn WRC 252-948-3916 Maria. Dunn(ancwildlife.org Rhonda Hall DEMLR-LQ 910-796-7312 Rhonda.Hall(ancdenrxov Matthew Stokely DMF 910-796-7287 Matthew. Stoklev(dncdenr.2ov Tyler Benson DWR 910-796-7336 Tvler.Benson(a?ncdenr.eov e *Twyla Cheatwood NOAA-NMFS 252-728-8758 Twvla.Cheatwood(i)noaa.gov X Unavailable *Conference call NCDEQ RECEIVED WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE OCT 13 2020 WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004 DCM WILMINGTON, NC MacPherson, Tara From: Finch, Greg <gfinch@lmgroup.net> Sent: Monday, August 31, 2020 3:13 PM To: MacPherson, Tara; Brock, Brendan O Subject: [External] Hunters Bay - Duck Pond Rd Attachments: Hunters Bay -LAMA Major Application 2020-8-31.pdf Tara, Bredan: We've completed all the items in your July 28 request for additional information. To avoid any confusion on which items have been updated I've included a complete PDF of the application package (attached). See notes below: 1. The deed for the waterfront parcels is issued to LHH Holdings not Bill Clark Homes. I either need an agent form or proof of ownership. Please provide a parcel map indicating the individual parcels that will be part of this project since there are so many. -Agen Auth added to Appendix B. Parcel ID labeled on Sheet 1 of 6 (Appendix A). 2. In the MP-1 (3) also list the parcel ID's for project location. It just says Duck Pond Road -Updated 3. Did you send the adjacent property notifications certified? We will need to receipts and green cards when you get them. Which proposal did you send them? -Yes, they were sent July 28. Sent receipts added to Appendix B. The application package through Appendix A was sent. Ruth Lyons Heirs has been returned undeliverable. Russ confirmation included in Appen& B. We verified the address in the tax records so I'm not sure resending the notification will have a different result based on the USPS reason for nondelivery (added to Appendix B, address vacant). If DCM has any additional address we should send the notification to, we would be happy to do that during the review period. 4. MP-1(4)(b) Is the size of the tract ALL combined parcels or only the waterfront parcels? -All parcels combined (noted for clarification). 5. Was the Coastal Wetland Line Flagged by DCM, otherwise we will need it verified and a date for that. Please provide a 1D as well Yes. Documentation is in Appendix B. JD has been added to Appendix B. 6. If you are using MHW please provide a sealed signed survey. -Added to Appendix B. 7. MP-1(4)(m) There is a statement that no upland development is proposed? -Deleted 8. MP-1(5)(b)You do not indicate the water dependent portion of this project. -Clarified open water marina is only for comparative discussion. 9. MP-2 (3)(f) Is this an eroding shoreline or not.. not N/A if you are applying for a bulkhead -Updated 10. MP-2(4) Indicates that no upland fill will be brought in.. please verify -Correct, no fill will be brought in. 11. What is the amount of open water public trust area that would be incorporated by placing a bulkhead 310 ft. waterward of NHW/MWH? (again need to verify the high water line) -Bulkhead cap is 1' wide, so 620 s.f. 12. MP-3(g) 0% impervious is listed within the AEC, the drawings show a road.. please revise. -Updated 13. MP-3(p) — Please provide an answer -Updated 14. MP-4 As it would relate to the alternative proposal. You have not filled this out and we cannot apply for two different projects at once. It will either be a canal system or an open water marina. Do we need an additional scoping meeting for the applicant to choose what they want to apply for? -Clarified open water marina option was only for comparative discussion. 15. MP-5- If title is not held to land for disposal, as is indicated please, provide a location map and letter of permission for the upland location. -Updated. The PDF contains bookmarks to help you jump around during review if needed.. Thanks, let us know if you have any other questions. Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 MacPherson, Tara From: MacPherson, Tara Sent: Monday, September 14, 2020 3:44 PM To: Finch, Greg Subject: Hunters Bay Hi Greg, I am trying to write the report for this and there are a few discrepancies: The application states that the following parcels are part of the project area in the MP-1. Was this just entered twice or am I missing a parcel number? Please verify and thank you. 2440002006,2 �__2006 What size (dimensions) is the pool house and any other proposed buildings? I have to include them in the upland forms portion. Is the amount of impervious surface in the AEC relative to what the AEC will look like before or after the proposed canal? The amount of wetland impact on the drawing does not add up with what is in the application. Please verify so the numbers match when added together in drawings and MP-2. How many lots would have water access with the proposed canal? Why does the minimum depth of the canal say 28 ft.? This must be a typo?? See MP-2 Please describe the boat ramp in the narrative. ....and depth is listed at 21 ft. in MP-2? Do you have state stormwater permits? If so provide permit number and issue date. Please send green cards when you get them. Thank you! Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.macoherson()ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 MacPherson, Tara From: Finch, Greg <gfinch@lmgroup.net> Sent: Thursday, October 15, 2020 8:32 AM To: MacPherson, Tara Subject: Re: [External] Re: Hunters Bay Hey Tara, Yes, the entire project disturbed area and impervious is listed on the MP-3. The disturbed area, which includes all graded areas (including stormwater ponds), roads, ditches etc. is 84 acres for the entire site. There are 5 stormwater ponds, permitted as shown on Sheet 2 of 6. I put N/A for the average distance waterward of NHW since that usually refers to bulkheads that run (mostly) parallel with NHW. I guess an average would be half the length (155') since the bulkheads run straight out from NHW. Total 404 wetland impacts on the site are 19,159 s.£ When you add up the total on the drawings (dated Revised 10/9/2020) that should be the number you get. MP-2 4. b. should be 13,805 s.f. Let me know if you need an updated form or can note it as such. Give me a call if there are still any discrepancies since they should add up now. Yes, there wouldn't be any significant difference by adding another cross section through the 404 wetlands. The only difference would be the existing grade and height/depth of the bulkhead (everything would just be pulled up a couple of feet). Let me know if there are any other items to address, you need anything in addition or if I can provide a complete PDF of the entire application package if ready for circulation and that would help. Thanks! Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910470-4734 On Tue, Oct 13, 2020 at 2:44 PM MacPherson, Tara <tara.macnherson&cdenr.gov> wrote: Thank you Greg. Are the stormwater ponds listed in the upland forms at all? I do not see anything in the Narrative. As you know the entire project gets pulled in, even areas outside of the AEC. So I will need to describe the amount of impervious for roads, acres of disturbance for stormwater ponds.., etc. How many stormwater ponds will there be... how many sq. ft.? MP-2 Shoreline stabilization. The average distance waterward of NHW is listed as N/A and (D) states that the maximum distance waterward of NHW is 310 ft. ??? The Narrative states that Section 404 impacts are 13,805, but the MP-2 still says 14,902... can you clarify?? When I add all Wetland Impact (non -isolated) on the drawing... = 14,918 Finally, the cross section on Sheet 4 of 5 shows existing grade... the elevation will be different for Section 404 vs Coastal Wetlands.. are you just submitting one cross section? I will be in the office to print these tomorrow. Thanks, Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tars macoherson(a)ncdenr oov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Dlrecmr NORTH CAROLINA Ehv&a entnfQuality September 10, 2020 LETTER OF APPROVAL WITH MODIFICATIONS Bill Clark Homes of Wilmington, LLC ATTN: Edward H. Clark 127 Racine Drive, Suite 201 Wilmington, NC 28403 RE: Project Name: Hunter's Bay Subdivision Acres Approved: 84 though no exposure over 20 acres at any one time Project 1D: BRUNS-2021-003 County: Brunswick City: Ocean Isle Beach Address: NC 179 & Duck Pond Road River Basin: Lumber Stream Classification: HQW Submitted By: Andrew Richards, EI, Paramounte Engineering, Inc. Date Received by LQS: September 1, 2020 Plan Type: Residential (Revised) Dear Mr. Clark: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with. Modifications and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of approval, if no land - disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 113A-54.1)(b). As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction General Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions for the $100 annual permit fee. After the fee is received, you will receive the COC via email. You MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.ne.gov/NCGO1. Please direct questions about the eNOI form to Annette Lucas at Annette.lucaskbricdenr.eov or Paul Clark at Paul.clark0ricdenr.eov. If the owner/operator of this project changes in the future, the new responsible party is required to apply for his/her own COC. D_E Q�� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources wm u Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796.7115 m m Letter of Approval with Modifications and Performance Reservations Bill Clark Homes of Wilmington, LLC September 10, 2020 Page 2 of 4 Title 15A NCAC 4B .0118(a) and the NCGO I permit require that the following documentation be kept on File at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCGO 1 permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the --- Sedimentation -Pollution -Control Act. of_1973_(North.Carolina-General Statute_L13ASl through 66), this. office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. This permit allows for a land -disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Daniel Sams, PE - — — — - -Regional Engineer Land Quality Section Enclosures: Modifications Required for Approval NPDES NCGO 1 Fact Sheet cc: Andrew Richards, EL Paramounte Engineering, Inc. 122 Cinema Drive, Wilmington, NC 28403 Wilmington Regional Office file Letter of Approval with Modifications and Performance Reservations Bill Clark Homes of Wilmington, LLC September 10, 2020 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Hunter's Bay Subdivision Project ID: BRUNS-2021-003 County? Brunswick 1. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. 2. The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device must be inspected after each storm event (NCGS 113A-54.1(e)). Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113). Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to I vertical or less steep (15A NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches (NCGS 113A-52(6)). 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAVIA requirements,. the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Resources (DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notified of relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval (NCGS 113A-54. I (b)). 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites without additional permits under NCGS 7449(7)(d). Disposal at any other location would have to be included as a permit revision for this approval. Letter of Approval with Modifications and Performance Reservations Bill Clark Homes of Wilmington, LLC September 10, 2020 Page 4 of 4 This permit allows for a land disturbance, as called for on the application plan, not to 84 acres, though no exposure over 20 acres at any one time. Exceeding the total acreage will be a violation of this permit and would require a revised plan and additional application fee; exceeding 20 acres at any given time is a violation of 15A NCAC 04B .0124 Design Standards in Sensitive Watersheds. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures (NCGS 113A-54.I (b)). 8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning & Design Manual 6.63, Rev. 6/06). 9. Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion control devices on this project, it is necessary that the traps and basins and their collection systems be installed before -any other grading takes -place on -site, -and that every structure thatreceives more -than one acre.of drainage is built so that each dewaters only from the surface (NCG010000). If that proves to be impractical, a revised plan must be submitted and approved that addresses erosion and sediment control needs during the interim period until the traps and basins are fully functioning (113A-54.1(b)). The diversion ditch outfall proposed closest to the skimmer for Wet Pond #4 does not have a baffle separation between it and the skimmer. The slope drain needs to be further separated from the skimmer and a baffle needs to be proposed and erected between them. 10. The approved erosion and sedimentation control plan includes a very specific phasing schedule. if it proves impractical to follow the proposed phasing schedule, a revised plan will be required. In order to comply with the basic control objectives of the SPCA (15A NCAC 04B .0106). both exposed area and time of exposure should be limited. As per North Carolina General Statute 1 13A-57(5), the land -disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan. 11. A graveled construction entrance must be located at each point of access and egress available to construction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the entrances is critical (113A-54.I(b)). 12. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCG01 Ground Stabilization And Materials Handling requirements that became effective April I, 2019. The NCGO1 Ground Stabilization And Materials Handling standard detail can be printed from the deq.nc.gov/NCG0I website. 13. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCGOI Self -Inspection, Recordkeeping and Reporting requirements that became effective April I, 2019. The NCGOI Self -Inspection. Recordkeeping and Reporting standard detail can be printed from the deq.nc.gov/NCGOI website. 14. As a part of routine monitoring of the approved land -disturbing activity, the financially responsible party shall assure inspections of the area covered by the approved plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General Statute 113A-54.1(e). Ref: G.S. 113A-54.1 through G.S. 113A-57 Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504 General Permit NCG 010000 NPDES for Construction Activities ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director July 201, 2020 NORTH CAROLINA Envlroarnental Quality Bill Clark Homes of Wilmington, LLC; property owner and developer Attn: Edward H. Clark, Manager 127 Racine Drive, Suite 201 Wilmington, NC 28403 and LHH Holdings, LLC; property owner Attn: Edward H. Clark, Manager 1001 College Court New Bern, NC 28562 and Russ & Gore, Inc; property owner Attn: Thomas Russ, President 5621 Beach Drive SW Ocean Isle Beach, NC 28469 Subject: State Stormwater Management Permit No. SW8 200601 Hunters Bay High Density Subdivision Project Brunswick County Dear Mr. Clark and Mr. Russ: The Wilmington Regional Office received a complete, State Stormwater Management Permit Application for the subject project on July 16'h, 2020. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in Title 15A NCAC 02H.1000 January 1, 2017 (2017 Rules). We are hereby forwarding Permit No. S W 8 200601 dated July 201, 2020, for the construction of the built -upon areas (BUA) and store water control measures (SCMs) associated with the subject project. This permit shall be effective from the date of issuance until July 20'", 2028 and the project shall be subject to the conditions and limitations as specified therein and does riot supersede any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. Please be aware that it is the responsibility of the permit holders, Bill Clark Homes of Wilmington, LLC ("Developer/Property Owner"), LHH Holdings, LLC ("Property Owner") and Russ & Gore, Inc ("Property Owner), to notify the Division of any changes in ownership and request an ownership/name change for the stormwater permit. However, if the development agreement between the Developer and the Property Owner is dissolved, cancelled or defaults, and the Division is not notified by the Developer to transfer the permit, then the responsibility for permit compliance reverts back to the Property Owner. A complete transfer request must be submitted to the Division within 30 days as described below otherwise the Developer and Property Owner will be operating a sormwater treatment facility without a valid permit which is a violation of NC General Statue 143- 215.1. Failure to transfer the permit may result in appropriate enforcement action in accordance with North Carolina General Statute § 143-215.6A through § 143-215.6C being taken against the Property Owner. D �.�, North Carolina Department of Environmental Quality! Division of Energy. Mineral and Land Resources �J�jj Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 °�°r 910.796.7215 State Stormwater Permit No. SW8 200601 Page 2 of 2 If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Christine Hall in the Wilmington Regional Office, at (910) 796-7215 or Christine.hall@ncdenr.gov. Sincerely, r,Brian Wrenn, Division of Energy, Mineral and Land Resources Enclosures: Attachment A - Designer's Certification Form Attachment B - Built -Upon Area Allocation Application Documents DES/canh: MStormwater\Permits & Projects\2020\200601 HD\2020 07 permit 200601 cc: Rob Balland. PE: Paramounte Engineering Brunswick County Engineering Wilmington Regional Office Stormwater File State Stormwater Management Permit No. SW8 200601 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO Bill Clark Homes of Wilmington, LLC, LHH Holdings, LLC and Russ & Gore, Inc. Hunters Bay Duck Pond Road, Ocean Isle Beach, Brunswick County FOR THE construction, management, operation and maintenance of built -upon area (BUA) draining to five (5) wet ponds ("stormwater control measures" or "SCMs") discharging to Class SA-HQW as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until July 20"' 2028 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 2,255,715 square feet. The runoff from all BUA within the permitted drainage areas of this project must be directed into the permitted SCMs. The BUA requirements and allocations for this project are as follows: a. SCM BUA LIMITS. The SCMs labeled Pond 1, Pond 2, Pond 3, Pond 4, and Pond 5 have been designed using the runoff treatment method to handle the runoff from 529,300, 175,900, 409,225, 252,515, and 888,775 square feet of BUA, respectively, within the delineated drainage areas. The BUA for future development within the drainage areas to the SCMs labeled Pond 1, Pond 2, Pond 3, Pond 4, and Pond 5 is limited to 13,767, 7,290, 6,520, 123,250, and 576,170 square feet, respectively. b. BUA FOR INDIVIDUAL LOTS. Each of the 189 residential lots and 2 outparcels are limited to a maximum amount of BUA as indicated in Attachment B of this permit and as indicated in the approved plans and specifications. The maximum BUA assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division. Page 1 of 6 State Stormwater Management Permit No. SW8 200601 2. PERVIOUS AREA IMPROVEMENTS. The following types of improvements are included in the project and considered pervious per the stormwater rules: a. #57 STONE. SCM drainage area 3 is proposing #57 stone laid at least four inches thick over a geotextile fabric as a pervious surface for pump station access road. The underlying soil should not be mechanically compacted prior to installation. If, in the future, this pervious surface is found to no longer meet these requirements, a permit modification will be required. 3. OFFSITE LOT REQUIREMENTS. Each non-residential lot whose ownership is not retained by the permittee shall submit a separate off -site stormwater permit application to the Division and receive approval prior to construction. Prior to the discharge of stormwater runoff from any lot into the approved stormwater system, the permittee shall ensure that the owner of the non- residential lot has obtained the separate off -site stormwater management permit. SCM REQUIREMENTS. The SCM requirements for this project are as follows: a. SCM DESIGN. The SCMs are permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. These SCMs must be provided and maintained at the design condition. b. SCM DESIGN FOR SA WATER. The SCMs provide runoff treatment for the difference between the pre- and post -development runoff volumes for the one-year, 24-hour storm event and have demonstrated that it is not feasible to meet the minimum design criteria for an infiltration system. The stormwater is filtered through a minimum of 18 inches of sand prior to discharge, the discharge is directed to a level spreader — filter strip, and the excess runoff is released at a non -erosive velocity at the edge of the vegetated setback or to an existing stormwater drainage system. c. PLANTING PLAN. The SCM landscape planting plan shown in the approved plans shall be followed in its entirety during construction. After the plants are established, the operation and maintenance agreement must be followed. d. FOUNTAINS. At this time, a decorative spray fountain has not been proposed within the wet pond. Decorative spray fountains will be allowed in the wet pond if documentation is provided demonstrating that the proposed fountain will not cause resuspension of sediment within the pond or cause erosion of the pond side slopes. e. IRRIGATION. If the wet pond is to be used for irrigation, it is recommended that some water be maintained in the permanent pool, the vegetated shelf is planted with appropriate species that can handle fluctuating conditions, and human health issues are addressed. 5. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause erosion downslope of the discharge point. 6. VEGETATED SETBACKS, A 50-foot wide vegetative setback must be provided and maintained in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. The runoff from the entire BUA of the development is collected, treated, and discharged so that it passes through a segment of the vegetated buffer and is managed so that it otherwise complies with all applicable State and federal stormwater management requirements. This allows BUA to be placed within the vegetated setback as shown on the approved plans. b. RELEASE OF STORMWATER NOT TREATED IN AN SCM. Stormwater that is not treated in an SCM must be released at the edge of the vegetated setback and allowed to flow through the setback as dispersed flow. Page 2 of 6 State Stormwater Management Permit No. SW8 200601 RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds prior to the sale of individual lots or groups of lots: a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system, including any SCMs, and maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. c. FINAL PLATS. The final recorded plats must reference the operation and maintenance agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed restrictions and protective covenants must include, at a minimum, the following statements related to stormwater management: I. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 200601, as issued by the Division of Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000, effective January 1, 2017. ii. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. ill. These covenants are to run with the land and be binding on all persons and parties claiming under them. iv. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. V. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. vi. The maximum built -upon area (BUA) per lot is as shown in Attachment B. This allotted amount includes any BUA constructed within'the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7, as amended. vii. For those lots within the CAMA Area of Environmental Concern, where DCM calculates a different maximum lot BUA, the governing maximum lot BUA shall be the more restrictive of the two amounts. viii. The maximum allowable BUA shall not be exceeded on any lot until the permit is modified to ensure compliance with the stormwater rules, permit, and the approved plans and specifications. ix. All runoff from the BUA on the lot must drain into the permitted system. This may be accomplished via grading, a stormwater collection system and/or a vegetated conveyance. X. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters in accordance with 15A NCAC 02H.1003(4) and the approved plans. xi. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. xii. Each non-residential lot within the subdivision whose ownership is not retained by the permittee, must apply for and receive a separate offsite stormwater management permit from the Division prior to construction. e. DEEDS FOR INDIVIDUAL LOTS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. 8. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. Page 3 of 6 State Stormwater Management Permit No. SWB 200601 a. PROJECT CONSTRUCTION, OPERATION AND MAINTENANCE. During construction, all operation and maintenance for the project shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control devices are converted to SCMs or no longer needed. Once the device is converted to a SCM, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. b. SCM RESTORATION. If one or more of the SCMs are used as an Erosion Control device and/or removed or destroyed during construction, it must be restored to the approved state stormwater design condition prior to close-out of the erosion control plan and/or project completion and/or transfer of the state stormwater permit. Upon restoration, a new or updated certification will be required for the SCM(s) and a copy must be submitted to the appropriate DEQ regional office. 9. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permiltee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or#57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material within the common areas to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 10. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. - 11. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on -site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. Page 4 of 6 State Stormwater Management Permit No. SW8 200601 CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on - site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 12. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as Outlined in 15A NCAC 02H.1045(3). 13. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; C. A mailing address change of the permittee. 14. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. DEVELOPER AGREEMENT. It is the responsibility of the permit holders, Bill Clark Homes of Wilmington, LLC ("Developer/Property Owner'), LHH Holdings, LLC ("Property Owner'), and Russ & Gore, Inc ("Property Owner") to notify the Division of any changes in ownership and request an ownership/name change for the stormwater permit. However, if the development agreement between the Developer and Property Owner is dissolved, cancelled or defaults, and the Division is not notified by the Developer to transfer the permit, then the responsibility for permit compliance reverts back to the Property Owner. A complete transfer request must be submitted to the Division within 30 days as described below otherwise the Developer and Property Owner will be operating a stormwater treatment facility without a valid permit which is a violation of NC General Statue 143-215.1. Failure to transfer the permit may result in appropriate enforcement action in accordance with North Carolina General Statute §143-215.6A through §143-215.6C being taken against the Property Owner. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2) and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; ii. The assignment of declarant rights to another individual or entity; iii. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); iv. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; V. Bankruptcy; vi. Foreclosure, subject to the requirements of Session Law 2013-121; c. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 15. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. Page 5 of 6 State Stormwater Management Permit No. SW8 200601 a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA on each individual lot, within each drainage area and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review all individual lot plans for new construction and all subsequent modifications and additions for compliance. The plans reviewed must include all proposed BUA, grading, and driveway pipe placement. The permittee shall not approve any lot plans where the maximum allowed BUA limit has been exceeded or where modifications are proposed to the grading and/or to the stormwater collection system and/or to the vegetated conveyance unless and until a permit modification has been approved by the Division. The permittee shall review and routinely monitor the project and each lot to ensure continued compliance with the conditions of the permit, the approved plans and specifications, and the recorded deed restrictions and protective covenants. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing and shall require timely resolution. b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may establish an ARB or ARC to conduct individual lot reviews. However, any approval given by the ARB or ARC on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the conditions of the permit and the approved plans and specifications. c. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. e. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. f. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit issued this the 201, of July 2020. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION T., Brian Wr it for `— Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 200601 Page 6 of 6 State Stormwater Management Permit No, SWB 200601 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification General MDC As -Built Designer's Certification for Wet Detention Pond Project • As -Built Designer's Certification for Level Spreader and Vegetated Filter Strip MDC A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Page 1 of 1 State Stormwater Management Permit No. SW8 200601 AS -BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. BCheck here if this is a partial certification. Section/phase/SCM #?, Check here if this is part of a Fast Track As -built Package Submittal. Printed Name Signature County of a Notary Public in the State of do hereby certify that personally appeared before me this day of , 20 and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires Permittee's Certification NCAC .1042(4) Completed r N/A Provided A. DEED RESTRICTIONS / BUA RECORDS 1. The deed restrictions and protective covenants have been recorded Y or N and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. 2. A copy of the recorded deed restrictions and protective covenants Y or N has been provided to the Division. 3. Records which track the BUA on each lot are being kept. (See Note 1 Y or N ELMAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair, Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff collection / conveyance Y N system are.located in recorded drainage easements. or 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that have an SCM include the following: Y or N 1. The specific location of the SCM on the lot. Y or N 2. Atypical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in NCGS 143 Article 21 if the SCM is removed, relocated or altered Y or N without prior approval. E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The O&M Agreement is referenced on the final recorded plat. Y or N 2. The O&M Agreement is recorded with the Register of Deeds and a ears in the chain of title. Y or N F. OPERATION AND MAINTENANCE PLAN — maintenance records are being kept in a known set location for each SCM and are available for Y or N review. G. DESIGNER'S CERTIFICATION FORM — has been provided to the Division. Y or N Page 1 of 8 State Stormwater Management Permit No. SW8 200601 Note 1-Acceptable records include ARC approvals, as -built surveys, and county tax records. Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. Page 2 of 8 State Stormwater Management Permit No. SW8 200601 AS -BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. I Section/phase/SCM #? Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name Signature NC Registration SEAL: Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2. ON/E = not evaluated (provide explanation on page 2) ©N/A = not applicable to this SCM or project. Consultant's Certification NCAC .1003((3) & General MDC OAs-built ON/E ©N/A .1050 A. TREATMENT REQUIREMENTS 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is Y or N bypassed. 4. Runoff from offsite areas and/or existing BUA is directed Y or N Into the permitted SCM and is accounted for at the full build outpotential. 5. The project controls runoff through an offsite permitted Y or N SCM that meets there uirements of the MDC. 6. The net area of new BUA increase for an existing project Y or N has been accounted for at the appropriate design storm level. 7. The SCM(s) meets all the specific minimum design Y or N criteria. B. VEGETATED SETBACKS / BUA 1. The width of the vegetated setback has been measured Y or N from the normal pool of impounded waters, the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. he vegetate setback is maintained In grass or other Y or N ve etation. P 3. BUA that meets the requirements of NCGS 143-214.7 Y or N b2 2 is located in the setback. I Page 3 of 8 Slate Stormwater Management Permit No. SW8 200601 4. BUA that does not meet the requirements of NCGS 143- Y or N 214.7 (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) 5. Stormwater that is not treated in an SCM is released at Y or N the edge of the setback and allowed to flow through the setback as dispersed flow. OO As -built OO N/E ON/A C. T RMW TE OUTLETS — the outlet handles the peakY N flow from the 10 ear storm with no downslo a erosion. or D. VARIATIONS 1. A variation (alternative) from the stormwater rule Y N provisions has been implemented. or 2. The variation provides equal or better stormwater control and a ual or better protection of surface waters. Y or N E. COMPLIANCE WITH OTHER REGULATORY PROGRAMS Y has been met. or N F. SIZING -the volume of the SCM takes the runoff from all surfaces into account and is sufficient to handle the required Y or N storm de th. G. CONTAMINATED SOILS — infiltrating SCM's are not Y or N located in or on areas with contaminated soils. H. SIDE SLOPES 1. Vegetated side slopes are no steeper than 3H:1V. Y or N 2. Side slopes include retaining walls, gabion walls, or Y or N other surfaces that are steeper than 3H:1 V. 3. Vegetated side slopes are steeper than 3H:1 V (provide Y or N supporting documents for soils and ve etation . I. EROSION PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2. The outlet does not cause erosion downslope of the Y or N discharge point during the peak flow from the 10 year storm. J. EXCESS FLOWS —An overflow / bypass has been rovided. Y or N K. DEWATERIN — met o to raw own standing water has Y or N been rovided to facilitate maintenance and ins ection. L. LEA OUT AFTER CONSTRUCTION —the S M has been Y or N cleaned out and converted to its approved design state. M. MAINTENANCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes Y or N >3:1. N. DESIGNER QUALIFI ATI N (FAST TRACK PERMIT) — The designer is licensed under Chapters 89A, 89C, 89E, or Y or N 89F of the General Statutes. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "WE", below. Attach additional pages as needed: Page 4 of 8 State Stormwater Management Permit No. SW8 200601 AS -BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1053, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the Designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed NC Registration Number Date SEAL: Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2 ®N/E = not evaluated (provide explanation on page 2) 3N/A = not applicable to this project or SCM. This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050 Consultant's Certification (MDC .1053) OAs-built ON/E ON/A A. F2rebay / Depths / Fountain 1. The available Sediment storage is consistent with the a roved Ian and is a minimum of 6 in. Y or N 2. Water flow over the foreb%y berm into the main pond occurs at a non -erosive velocit . Y or N 3. The provided Forebay Volume is 15%-20% of the main pool volume. Y or N 4. The Forebay entrance elevation is deeper than the exit elevation into the ond. Y or N 5. The Average Design Depth of the main pond below the permanent pool elevation is consistent with the permitted value? Y or N 6. Fountain documentation is provided. Y or N B. Side slopes / Banks / Ve etated Shelf 1. The width of the Vegetated Shelf is consistent with the a roved plansand is a minimum of 6 feet. Y or N 2. The slope of the Vegetated Shelf Is consistent with the approved plans and is no steeper than 6:1. Y or N C. As -built Main Pool I Areas I Volumes I Elevations 1. The permanent pool surface area provided is consistent with the permitted value. Y or N 2. The Temporary Pool Volume provided is consistent with the Permitted value. Y or N Page 5 of 8 State Stormwater Management Permit No. SW8 200601 3. The permanent pool elevation is consistent with the ermitted value. Y or N 4. The temporary pool elevation is consistent with the Y N permittedvalue. or OO As -built OWE ©N/A D. Inlets I Outlet I Drawdown 1. The desi n volume draws down in 2-5 days. Y or N 2. he size of the Orifice is consistent with the permitted Y N value. or 3. A trash rack is provided on the outlet structure. Y or N 4. Hydrologic impacts to the receiving channel are minimized Y N from the 1 r 24 hr storm dischar e7 or 5. The inlets and the outlet location are situated per the Y N approved Ian and avoid short-circuiting, or E. Vegetation 1. The vegetated shelf has been planted with a minimum of 3 Y N diverse s ecies. or 2. The vegetated shelf plant density is consistent with the approved plans and is no less than 50 plants per 200 sf or Y or N no less than 24 inches on center. Provide an explanation for everyMDC that was not met, and for every item marked "N/A" or WE" below. Attach additional pages as needed: Page 6 of 8 State Stormwater Management Permit No. SW8 200601 I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed Level Spreader and Vegetated Filter Strip MDC found in NCAC 02H.1059 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #7 Check here if this is a part of a Fast -Track As -Built Package Submittal per. 1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed NC Registration Number Date SEAL: Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2. OWE = not evaluated (provide explanation on page 2) ©N/A = not applicable to this SCM or project. Consultant's Certification NCAC 02H.1059 (!)As -built ON/E ON/A A. SIZING 4. The length of the Level Spreader is a minimum of 10 feet Y or N per 1 cfs. 5. The Level Spreader receives flow directly from the Y or N Drainage Area, and is sized based on the flowrate for a desi n storm of 0.15 inches er. hour. 6. The Level Spreader receives flow from an SCM and is Y or N sized based on the drawdown rate of the desi n volume. 7. The Level Spreader has a flow bypass system for larger Y or N storm events. 6. The Level Spreader is sized to handle the 10 year storm Y or N flow and does not provide a flow b ass s stem, 9. The minimum width o the Vegetated Filter Strip is 30 Y or N feet measured perpendicular to the level li . 10. A blind Swale or other means of ponding water is Y or N provided u slo a of the Level Spreader. 11. The blindprovides for uniform overtopping into the Level S reewale ader. -6-.-LEVEL SPREADER SPECIFICATIONS 4. The lip of the Level Spreader is at —a uniform elevation Y or N and has a construction tolerance of t0.25 inches at any point alonq its len th. 5. The eve Sprea er is constructed of concrete or other Y or N stable material. 6. The shape of the Level Spreader is straight or convex in Y or N Ian view. Page 7 of 8 State Stormwater Management Permit No. SW8 200601 Y or N 7. Downslope of the Level Spreader, there is a 1-3 inch Y or N drop followed by a Transition Zone at least 12 inches wide that is protected from erosion by aggregate or high performance turf reinforcement mattin . --C.-FILTER STRIP SPECIFICATIONS 4. The filter strip does not contain any draws or channels. Y or N 5. The filter strip has been graded with a uniform transvers slopeof ei htpercent or less. Y or N 6. The pH, compaction and other attributes of the first 12" of soil within the filter strip have been adjusted to promote plant establishment and rowth. 7. The dter strip and side slopes have been planted with non -clum in deep-rooted ass sod. 8. During construction, t e soil was stabilized with temporary measures until the permanent vegetation took root, or the runoff was directed elsewhere until the vegetation established. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "WE", below. Attach additional pages as needed: Page 8 of 8 State Stormwater Management Permit No. SW8 200601 Attachment B Built -upon Area (BUA) Allocations Lot # Number of Lots Drains,to Pond # Max BUA, sf 1-35 36 1 3,500 36-60 25 3 4,500 61-114 54 5 4,500 115-138 24 2 5,500 139-171 33 3 5,500 172-189 18 4 5,500 Outparcel 1 1 1 149,850 Outparcel 2 1 1 166,900 Total 191 Page 1 of 1 l I°I.1,09 h6 ■ Complete Items 1, 2, and 3. ■ Print yolno ■ Actaeh tnis co,,. or on the front If sp...,,, r, 1. Article Addressed tw 56 hykvle Lljl woo�eu 162.0 Phl Avr ln,,e UvlI sod t0 Mti^I"ItI Mb lIZ61 II'�I�I�II�III�IIIII �IIIIIIII�IIII�II I�IIIIII 9590 9402 6103 0209 9820 66 1018 1130 0001 7930 6540 ! PS Form 3811, July 2015 PSN 7530.02.000.gp63 l o Agift x _ y�z �I� ❑„ R. Reeelral w r lalme Nan iai I r. e..,.y rtio will delivery address, below: ❑ No o qyn O Aduft Slgrelura 13 lodty Mail Rxprass® D Regal Mall'"' ❑ Adua Signature Rgtdclad Dell B.Cedllled Mall® ❑ RoopglstsrM Mall Reelrletad Dellvay ❑ Cer"W Mall ResMcted Dellmy ❑ Relurn Recept for 13 Cdbct on DNivery Mercbm,dlao ❑ Colbct on Delivery Restricted Delll O Signature Confirmatjww ❑ Insured Mall ❑ Sgnature ConMnetlon ❑ Naured Mall ReaMoled Ddlvery Rmtdcted Dellvpy _lover SSaU) Domestic Return Recelpt LISPSTRAClNG 0 iIIIIIIImI A 9590 9402 6103 0209 9820 66 United States Postal Service First -Class Mall IIIIII Postage 8 fees Paltl LISPS Permtt No. 0-10 your name, 6rq ! inGl'- LMGr 35oS GMgh{Sv(IIe AA #15 WflrvlL ULW3 �IIIIh114Al�nl�l"�,Ihlhr�l��i��hul�lbl��lll�+,�lluh-I CAMA Permit Application for Major Development For: Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina Prepared By: Land Management Group, Inc. 3805 Wrightsville Avenue Wilmington, North Carolina October2020 Contents Contents...... 1. Form DCM-MP-1...................................................................................................................................2 2. Form DCM MP-2...................................................................................................................................6 3. Form DCM MP-3...................................................................................................................................8 4. Form DCM MP-4.................................................................................................................................10 5. Form DCM MP-5.................................................................................................................................14 6. DCM MP-1 Section 6.0 Additional Information.................................................................................. is 6.1 Section 6. a. Project Narrative....................................................................................................18 6.1.1 Project Location and Existing Conditions............................................................................18 6.1.2 Proposed Action..................................................................................................................18 6.1.3 Alternative Open Water Marina............................................................ ................ :............ 18 Appendices Appendix A -Site Location Map and Work Plats Appendix B-Deed, Agent Authorization, Adjacent Riparian Owner Notifications, DCM Wetland Determination, JD, MHW Survey Appendix C-Open Water Marina Alternative Appendix D-Support Letters Appendix E-Mitigation Credit Letters CAMA Permit Application for Major Development —October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County; North Carolina 1. Form DCM-MP-1 APPLICATION for Major Development Permit bast re.r.a tvnroat North Carolina DIVISION OF COASTAL MANAGEMENT al PrimaryApplicant/Landownerinformation Business Name Project Name (if applicable) Bill Clark Homes Hunters Bay Applicant 1: First Name MI Last Name Landon NA Weaver Applicant 2: First Name MI Last Name NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City Stale Bill Clark Homes, 127 Racine Drive Wilmington N.C. ZIP Country Phone No. FAX No. 28405 USA 252-814-1481 . Street Address (if different from above) City State ZIP Email lweaver@blllclarkhomes.com % { 2 A en on l,a.�„utar.e. P rcr,^C, dv"ss '� rt ,•, Business Name Land Management Group Agentt Contractor 1: First Name MI Last Name Steve NA Morrison Agent/ Contractor 2: First Name MI Last Name Greg NA Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 NA Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 exl. NA NA ext. NA FAX No. Contractor # 910452-0060 NA Street Address (if different from above) City State ZIP NA Email smorrisonalmorouo.net , gfinch(gD, lmgrouo. net, CAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina DANProject Location Street Address County (can be multiple) Duck Pond Road (24400011, 24400010, 2440000901, 24400009, State Rd. # Brunswick 2440002005,2440002007,2440001301,2440001201,2440001101, 1601 2440002006,2440001302 Subdivision Name city State Zip Hunters Bay Ocean Isle Beach - NC 28469 . Phone No. Lot No.(s) (d many, attach additional page with list) NIA N/A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber Atlantic Intracoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Ocean Isle Beach ETJ 4. Sife Uescripfionno a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) —622' 5,819,616 sq.ft. (+/-133.6 acres, all parcels combined) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water level) (if many lot sizes, please attach additional page with a list) 0-34' ®NHW or ❑NWL e. Vegetation on tract Mixed pine, hardwood trees, shrub understory, natural grasses f. Man-made features and uses now on tract Soil drives, vacant property g. Identify and describe the existing land uses adiacent to the proposed project site. Residential, vacant h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R2M and C3 (Attach zoning compliance certificate, if applicable) ®Yes ❑No El NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA Register listed or eligible property? CAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina m. (i) Are there wetlands on the site? ®Yes ❑No (it) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None �5. Acttiities and Impacts ` a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Proposed project is a planned developmentwith a residential neighborhood, commercial out parcels, a canal connecting to the AIWW that provides interior lots water access and a boat ramp. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard construction equipment for residential/commercial development. Typical marine construction equipment for dredging and bulkhead installation. Equipment to be stored on site during construction. d. List all development activities you propose. Site clearing, grading,.road and utility installation, stormwater treatment installation, housing construction, canal dredging and bulkhead installation, landscaping. - e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 84.0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Surface water runoff only i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ®Yes ❑No ❑NA If yes, attach a mitigation proposal. See Project Narrative and Appendix E. CAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina A" ihodtlonAto�thislcomageto�becomplleton'how4toproriypp_,amthe ff rju'liedxemsbelow. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. r Name Damel s,'�,, vLint' Addae ourt S ress 1724 PeNCW"Ocean is! Be Name Ruth Lyons Heirsw Phone No. NA Address 1020 Park Avenue #U-807, Baltimore MD 21201-5640 Phone No NA Noma.f � f re r � t � c Address , g. A list of previous stale or federal permits. issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be, signed by pmperty owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. any permit Issued In response The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 10/30/2020 Print Name: Greg Finch . Agent. Land Management Group Signature Please indicate applica " n attachments pertaining to your proposed project. NDCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts NDCM MP-3 Upland Development NDCM MP-4 Structures Information CAMA Permit Application for Major Development —October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Channel Boat Boat Rock Rock Other (excluding (NLW or Canal Basin Ramp Groin Breakwater. shoreline NWL) stabilization) Length 1,890' 150' Width 40', 80' 20' Avg. Existing; Depth 51to28' 21' �er � A , NAAJ,J Final Project -4' to -6 21, to } „ a#.*NA k I M Depth MLW -6' MLWNA Fk a. to be excavated from below NHW or NWL in cubic yards. 4,082 C.Y. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 9 375 ❑SAV ❑SB ®WL 5354 ❑None (ii) Describe the purpose of the excavation in these areas: Canal access and to provide water access to the community. b. Type of material to be excavated. Sand d. High -ground excavation in cubic yards. 92,784 C.Y. 2 DISPOSAL OF:;DCCAVATED.MATERIAL ,07his section not applicable a. Location of disposal area. y b. Dimensions of disposal area. n Upland areas on site. Within development disturbed areas (uplands). c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ®Yes []No ❑NA ❑Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ®No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? NA ❑CW ❑SAV ❑SB OWL ®None (it) Describe the purpose of disposal in these areas: NA CAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina 11 a. Type of shoreline stabilization: b. Length: 3,506 ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:_ Width: 1.5' c. Average distance walerward of NHW or NWL: NA d. Maximum distance waterward of NHW or NWL: 0' e. Type of stabilization material: Vinyl, wooden or steel bulkhead g. Number of square feet of fill to be placed below water level. Bulkhead backfill : 0 Riprap: 0 Breakwater/Sill:0 Other:0 i. Source of fill material: NA f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes NNo ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. NA C. OTHER FILL ACTIVITIES ❑This section,not applicable . (Excluding Shoreline Stabilization) r. (i) Will fill material be brought to the site? ❑Yes NNo ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL 13805 []None (n) Describe the purpose of the fill in these areas: 2 road crossings and lot fill. See Appendix A. I5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, - controlled? Silt fence, seeding. See erosion control plan. backhoe, or hydraulic dredge)? Excavator, dredge, bulldozers, trucks, pile driver. c. (i) Will navigational aids be required as a result of the project? NYes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. Walerward end of canal walls. See Appendix A. Date 10/30/2020 ) rmjcctName Hunters Bay d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes NNo ❑NA (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. I. IApp➢cwt Name Bill Clark Homes - i. /..L(fl/C7: aJn%Itfi'1! AnPnt Land ManaaamentGrouo LAMA Permit Application for Major Development — October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina 7 3. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) a. Type and number of buildings, facilities, units or structures proposed. 283 single family residential dwellings and 1 pool house amenity structure c. Density (give the number of residential units and the units per acre). 283/2.11 units/acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes [-]No []NA (ii) If yes, list the dale submitted: 7110/2020 g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0.7% I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 40.0% (Project currently in the State Stormwater Express program and should have approval by 7/17/2020 j. Describe proposed method of sewage disposal. Public gravity sewer to a public pump station I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial of fluent, "wash down' and residential discharges). Stormwater ponds are designed to treat and release the first 1.5 inches of runoff and meets the pre/post peak attenuation for the 1-year/24-hour storm event. b. Number of lots or parcels. 283 lots d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 84.0 acres f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt and concrete h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? NYes []NO ❑NA (ii) If yes, list the dale submitted: 6/1/2020 k. Have thefacilities described in Item (i) received state or local approval? NYes ❑No ❑NA If yes, attach appropriate documentation., m. Does the proposed project include an innovative stormwater design? ❑Yes NNo ❑NA If yes, attach appropriate documentation. , m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? NYes ❑No ❑NA community, public system, etc.) (ii) If yes, how many acres? Public system 8.42 ac. Stormwater Ponds CAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina o. When was the lot(s) platted and recorded? Preliminary plat approved; final plat will be requested when improvements are in place. CAMA Permit Application for Major Development — October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ®Yes ❑No ❑NA RE 4. Form DCM MP-4 Structures within Public Trust a. (i) Is the docking facility/marina: ❑Commercial ❑PublictGovernment NPrivate/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 42 (iv) Width 6 (v) Floating NYes ❑No e. (i) Are Platforms included? ❑Yes NNo If yes: (i) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dnpfine dimensions. g. (i) Number of slips proposed 0 III) Number of slips existing 0 i. Check the proposed type of siting: N Land cut and access channel [_]Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: NA , m. (i) Will the facility have tie pilings? ❑Yes NNo (ii) If yes number of tie pilings? LAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina b. (1) Will the facility be open to the general public? ❑Yes NNo d. (i) Are Finger Piers included? []Yes NNo If yes: III) Number (iii) Length (iv) Width (v) Floating []Yes ❑No f. (i) Are Boallifts included? ❑Yes NNo If yes: (ii) Number' (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slipsl only, number of slips: ❑ Dry storage; number of boats: N Boat ramp(s); number of boat ramps: 1 ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). NA. I. (i) Will the facility be open to the general public? ❑Yes NNo 10 a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpout Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. • Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marinaidocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAv ❑SB OWL _ ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. CAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina 11 a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community (it) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., Wood, sheetpite, etc. If a rock groin use MP 2 Excavahon and Fill.) This section not applicable' a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g, wood, sheetpile, etc.) ❑This sectlon.not applicable, a. Length 304'. 304' b. Average distance from NHW, NWL, or wetlands 152 c. Maximum distance beyond NHW, NWL or wetlands 304' 6. MOORING PILINGS and BUOYS , ®This section not applicable;,) a. Is the structure(s): b. Number ❑Commercial ❑Public/Govemment ❑Private/Community ' c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 15' to the southwest, 515' to the northeast. Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body: 535' e. (i) Will navigational aids be required as a result of the project? ®Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. Channel markers at waterward end of canal walls. CAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina b. Proximity of structure(s) to adjacent docking facilities. 115' to southwest, 1,425' to northeast. d. Water depth at waterward end of structure at NLW or NWL -3' MLW 12 B: OTHER ®This section not ahil?'A tite, a. Give complete description: 110/30/2020 �tolectName .. 'Hunters Bay Appt=t Name Bill Clark Homes 4 }AppGrant Signjatuze '' Agent, Land ManagementGroup CAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina 13 5. Form DCM MP-5 BRIDGES and CULVERTS a. Is the proposed bridge: b.Water body to be crossed by bridge: ❑Commercial ❑PublictGovernmenl ❑Pdvate/Community c. Type of bridge (construction material): d. Water depth at the proposed crossing at NLW or NWL: e. (i) Will proposed bridge replace an existing bridge? ❑Yes []No If yes, (it) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) g. Length of proposed bridge: I. Will the proposed bridge affect existing water flow? ❑Yes []No If yes, explain: k. Navigation clearance underneath proposed bridge: m. Will the proposed bridge cross wetlands containing no navigable waters? ❑Yes ❑No If yes, explain: a. Number of culverts proposed: 2 c. Type of culvert (construction material): RCP CAMA Permit Application for Major Development — October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina I. (i) Will proposed bridge replace an existing culvert? ❑Yes ❑No If yes, (to Length of existing culvert: _ (iii) Width of existing culvert: _ (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: I. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ❑Yes ❑No If yes, explain: I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes ❑No If yes, explain: n. Height of proposed bridge above wetlands: b. Water body in which the culvert is to be placed: 404 wetlands 14 d. (i) Will proposed culvert replace an existing bridge? ❑Yes ®No If yes, (ii) Length of existing bridge: (III) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) e. (i) Will proposed culvert replace an existing culvert? ®Yes ❑No If yes, (ii) Length of existing culvert(s): 30' (iii) Width of existing culvert(s): 24" (iv) Height of the top of the existing culvert above the NHW or NWL: NA (v) Will all, or a part of, the existing culvert be removed? (Explain): Existing 24" culvert to be replaced. See Appendix A. f. Length of proposed culvert: Both 42' g. Width of proposed culvert: 24' and 48" h. Height of the lop of the proposed culvert above the NHW or NWL. i. Depth of culvert to be buried below existing bottom contour. NA 6" j. Will the proposed culvert affect navigation by reducing or increasing k. Will the proposed culvert affect existing water flow? the existing navigable opening? ❑Yes ®No ❑Yes ®No If yes, explain: If yes, explain: a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? []Yes ®No If yes, (ii) Avg. length of area to be excavated: — (III) Avg, width of area to be excavated: (iv) Avg. depth of area to be excavated: — (v) Amount of material to be excavated in cubic yards: c. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? ❑Yes ®No If yes, (ii) Avg. length of area to be excavated: (III) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: CAMA Permit Application for Major Development —October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ®WL 1,568 ®None (ii) Describe the purpose of the excavation in these areas: Road crossings 15 d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: culvert backfill, excess to be placed in adjacent upland area. (ii) Dimensions of the spoil disposal area: NA (iii) Do you claim title to the disposal area? ®Yes ❑No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? []Yes ®No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV ❑WL ❑SB ®None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? [_]Yes ®No If yes, give dimensions if different from (ii) above. NA e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ❑Yes ®No If yes, (ii) Avg, length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? []Yes ®No If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: a. Will the proposed project require the relocation of any existing utility lines? ❑Yes ®No If yes, explain: if this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. c. Will the proposed project require any work channels? ❑Yes ®No If yes, complete Fonn DCM-MP-2. CAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina f. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands/marsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? No If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV . ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: NA b. Will the proposed project require the construction of any temporary detour structures? ❑Yes ®No If yes, explain: d. How will excavated or fill material be kept on site and erosion controlled? Silt fencing and other measures 16 e. What type of construction equipment will be used (for example, f. Will wetlands be crossed in transporting equipment to project site? dragline, backhoe, or hydraulic dredge)? []Yes ®No Backhoe, grader If yes, explain steps that will be taken to avoid or minimize environmental impacts. NA g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? []Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. CAMA Permit Application for Major Development —October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina 17 6. DCM MP-1 Section 6.0 Additional Information 6.1 Section 6. a. Project Narrative 6.1.1 Project Location and Existing Conditions The proposed project is located within Brunswick County on the east side of Duck Pond Road south of Beach Drive/NC Highway 179 extending southward to the Atlantic Intracoastal Waterway. The property is within Ocean Isle Beach's ETJ and contains 133.6 acres. Elevations on the property range from the mean high water line to 34' with most of the acreage in a wooded condition. Section 404 wetlands (jurisdictional and isolated) have been delineated and surveyed. Coastal wetlands have also been delineated and surveyed along the waterway. 6.1.2 Proposed Action The applicant proposes to develop the property into a single-family residential community with commercial outparcels fronting Highway 179. The residential community features 283 individual lots. Brunswick County Public Utilities can provide water and sewer services to the community. To provide boating access to the waterway forthe entire community, a boat ramp with a launching dock is planned along a bulkheaded inland canal. The canal will extend to the rear of 31 neighborhood lots providing those lot owners with individual riparian rights. Along the waterway, there are 6 planned waterfront lots with individual riparian rights and 5 accessways providing riparian rights for second row lot owners behind the waterfront lots. All lot owners with water frontage or accessways will be responsible for permitting and constructing their own waterfront structures, if desired. The inland canal extends through an area of coastal and 404 wetlands to access the upland development area. In orderto minimize impacts to those wetlands, the entrance width of the canal is limited to 40'. In addition, the canal walls along the entrance are designed to not require a tie back system, avoiding further disturbance of the wetlands beyond the canal edge. Coastal wetland impacts for the entrance canal are limited to 9,376 sf or .22 acres, and the bordering 404 wetland impacts are 5,354 sf or .12 acres. Elsewhere in the development, permanent 404 wetland impacts have been minimized to 13,805 sf to provide forthree road crossings and minimal lot fill. The applicant is proposing mitigation forthe minimized wetland impacts through the use of a combination of mitigation banks. Letters reserving these mitigation credits are included in Appendix E. The entrance canal walls through the coastal wetlands feature a minimum 1" spacing/opening per linear foot above the existing substrate grade or equivalent to stabilize the adjacent coastal wetland substrate while maintaining water circulation and faunal movement through the walls. The height of the canal walls through the open water and coastal wetlands will not exceed 1' above mean high water. The canal water depths are designed to support tidal exchange. The outer extent of the entrance channel will be excavated to meet the existing -6' mean low water contour along the waterway. Planned water depths will decrease gradually to -5' mean low water approximately halfway along the canal and decrease to a final -4' mean low water at the upper end of the canal. Elevated channel markers/reflectors will be installed at the outer ends of the canal walls for safe navigation in higher tidal conditions. 6.1.3 Alternative Open Water Marina The applicant investigated an open water marina to provide boating access to the community's residents as an alternative to the inland canal. The layout design for a marina facility is shown in Appendix C. This open water marina design area is defined by the width of the riparian corridor forthe property and the 80' Corps of Engineers channel setback. Within this design area, 30' double loaded slips are laid out perpendicularto the waterwaychannel resulting in a total of 34 boat slips. With water depths averaging less than 2' mean low water within the slips, dredging will be required to avoid grounding the substrate at low tide. In addition, boat lifts are included to prevent potential boat damage due to waterway boat traffic wakes. The open water marina presents many negative aspects not present with the upland canal: CAMA Permit Application for Major Development — October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina 18' • The open water marina eliminates boating access to all 283 lot owners in the development, providing such access to only 34 owners • Elimination of the privately funded boat ramp provided by the canal consequently adds usage pressure on nearby existing public boat ramps. • The value of all interior and canal lots will be reduced without boat launching access to the waterway. • The dredging and construction of the open water marina adversely impacts 50,146 square feet of benthic habitat • The open water marina will require maintenance dredging that impacts benthic habitat and creates a large financial burden to the community association • The open water marina's 20,751 square feet of structures and slip spaces in the public trust waters limits public boating access to that area and its resources, whereas the inland canal preserves and expands the area of public trust waters • The open water marina's unprotected exposure to frequent significant storms is likely to result in damage impacts and costs to dock owners, whereas the inland canal will provide shielding for private infrastructure • The Town of Ocean Isle Beach will require a parking area for the open water marina that is 1 space per 2 slips, resulting in more impervious surfaces, the loss of area for lots, and lower lot values • The open water marina may necessitate a pumpout facility with associated costs for boat holding tanks • The open water marina will require ongoing maintenance expenses • The open water marina will require additional infrastructure for potential fire suppression • The open water marina will create a very large structure affecting the quality of waterway views and may require "no wake" markers to limit damage from passing vessels Overall, the inland canal access from private lots with boat ramp availability for the entire community provides a more desirable product for consumers than the open water marina. Numerous inland canals have been constructed for boating access across the waterway, and inland docking locations have been approved and implemented in recent years. The developer has received letters of support for the inland canal concept from local and state officials (See Appendix D). The Town of Ocean Isle Beach supports expanding the access to its natural resources in this zoning district. The proposed inland canal is needed to make the entire community project work financially and provide an increased tax base for the local economy. A scoping meeting was held at which DWR was present. The date of the scoping meeting was February 20, 2020 and this project was discussed. This meeting met the requirement for requesting a pre -filing meeting under 40 CFR Part 121 for 401 Certifications in accordance with the federal Clean Water Act. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. LAMA Permit Application for Major Development— October 2020 Hunters Bay Ocean Isle Beach ETJ, Brunswick County, North Carolina 19 Appendix A -Site Location Map and Work Plats Appendix 8-Deed, Agent Authorization, Adjacent Riparian Owner Notifications, DCM Wetland Determination, JD, MHW Survey IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII 08Ll 9 P01901 42.MeP BrN Wek Cmmeyero , NC Realster of Deeds pane I of 3 A. ena- Reglster of Deeds Ll 12-21-2016 16:11-42.000 Brunsakk Count , NC y NC REVENGE STAMP:' $2660.00 (a612498) Total Bev.�-Y��T�u11�- t. Retum Ck$ Cku_avn Cash$ Befn Cash$__Fnance minas of dominant are Illegible due to condition of original, 0 Document contains seals venfied by original instrument that cannot be reproduced or copied. This instrument prepared by: David L. Worhnan, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick Comfy Tsar Collector upon disbursement of closing proceeds. No title opinion or closing services tendered by preparer. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $2,650.00 Parcal Identifier No. 24400011 & 2440092005 Verified by Canty on the _ day of .20_ This instrument was prepared by: The Wortman Law Firm, PLLC, 624 Village Rd Suite 1. Shallotte, NC 28470 for the larl= 35.11 ACRES 35,110AC & TR-I 2.80 ACRES'. THIS DEED made thivyL day oft" , 20J0 by and between DUCK POND VBNTURFS, LLC, I DILL CLARK HOMES OF WILMINGTON, LLC, a North Curolioa Limited Liability Company IIf u North Carolina Limited Llabflity Company 1331 Sunday Drive, Suite 121 127 Racine Drive, Suite 201 Raleigh, NC 27607 Wilmington, NC 28403 Enter in appropriate block for each party: name, address, and, ifappmpriate, character ofentity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their hehs, successors, and assigns, and shall include singular, plural, masculine, feminine or neueer as required by context. WITNFSSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is hereby aclmowkdged, has and by these presents does grant, bargain, sell and convey onto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of . Shallatte Township, Brunswick County, North Carolina and mom particularly described as follows: SEE ATTACHED The property himiabove described was acquired by Grantor by instrument recorded in Book 4073, Page 1028. IIIII Brunswick Count,, IIII IIIIIII B4139 P0is1 mo�z 42. N grsnurlek Cowty, NC Register of Deeds page 2 of 3 All or a portion of the property herein conveyed _ includes or does not include the primary residence of Grantor A map showing the above described property is recorded in Plat Book 31, Page 192 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in INsimple. And the Grantor covenants with the Grantee, that Grantor is seized ofthe premises In fee simple, has the right to convey the same In fce simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to Restrictions, Easements and Right of Ways as may app=of record, IN WITNESS WHEBEOP, the Grantor has duly executed the foregoing as of the day and year first above written 7" ESSEAL) Duc n Ventures, LLC,allorth Caroline Limited ,sds ES�pr�r�•A, Liability Company `� ��N —vt By: Dan Kotler Or ON Title: Member/Meneeer •D � n State of North Carolina -County of sn /._ 7 1, the undersigned Notary Publicofthe County and State aforesaid, certify that Dan Koell erpersonallyej*day and acknowledged that he is the Member/ManagerofDuck Pond Ventures, LLC, allorth Carolina limited liability�q'��yadusWrhiaany, and that by authority duly given and as the act of such enti x, hh geed a foregoing instrument in Its name on its behalf es its act and deed. Witness my hand and Notarial stamp or seal, this of 20 My Commission Expires: pS QO,. llk.ra Notary Public The foregoing Cedificate(s) of is/hre certified to be correct This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County Deputy/Assistant - Register of Deeds IIIII II IIIIIIII I IIIII IIIII III IIII Jill Bans aai mantPaaP arunwlek County, NC Raglns sler of Deeds page 3 of 3 ATTACHMENT Tract I (Parcel ID 24400011) Beginning at a stake on the West side of the Hale Swamp Road, tuns thence South 15 degrees east 1695 feet to a stake, Joe Frink's camer, thence with Joe Prinks line is the W. F. Pierce line; thence with the dividing line, (which is the A. W. Milliken line), to the W. A. Ross line; thence with the said Russ line to the point and place of Beginning. Containing 35 acres, more or less. This being the same property conveyed to Miss S. C. Pierce by W. F. Pierce by deed dated November 30th, 1931, and recorded in Book 51, Page 461, records of Brunswick County. Less and excepting all of Tract 4 as more fully described in a survey plat dated 23 September 2002, entitled "Survey for Russ & Gare, Inc. & Ocean Isle Golf Course of Tract 1 thm 4", prepared by James IL Tompkins, RiS, and recorded in Map Cabinet 31 at Page 182 of the office of the Register of Daeds for Brunswick County, North Carolina, to which plat reference is made and which is incorporated herein for greater certainty of description of said property. Grantor reserved, in favor of himself and his lawful successors and assigns, non-exclusive rights -of -way and easements for purposes of ingress, egress, regress, and the operation, maintenance and e)=sion of underground water, sewer, electricity, telephone and other utility services over, within, along and upon said Tract 4, as described in Deed recorded in Book 2030, Page 1338, Brunswick County Registry. Tract 2 (Parcel ID 2440002005): BEING all of Turd I ea more fully described in a survey plat dated 23 September 2002. entitled "Survey for Ross & Gore, Inc. & Ocean Isle Golf Course of Tract I @uu 4", prepared by Jaynes R. Tompkins, RI,S, and recorded in Map Cabinet 31 at Page 182 in the office of the Register of Deeds for Brunswick County, North Carolina, to which plat reference is made and which is incorporated herein for greater iertainty of description of said property. II' I III I III I II' I I I I II I I" I II II II I I'll BOOK:4360 PAGE:48 14:4a 35.000 Page 1 of 10 Brenda M. Clemmons. Brunswick County. NC Register of needs Brenda M. Clemmons. Brunswick County. NC Register of needs 05/12/202014:40:35.000 NC REVENUE STAMP:$4000.00 This instrument prepared by Joseph C. Hearne, H, a licensed North Carolina attorney. Delinquent tones, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Prepared by: J. C. Hearne, H Return to: Ward and Smith, P.A. Excise Tax: $4,000.00 Parcel Identifier No: 2440001301 & 2440001302 _ If initialed, the property includes the primary residence of at least one of the Grantors, otherwise note as N/A. (per NC GS ,¢ 105-317.2) Brief tiescription for the index: SEE EXHIBIT "A" FOR LEGAL DESCRIPTION NORTH CA THIS DEED. made GRANTOR JOSEPH SAMUEL MCALLISTER, single, ANNIE MCALLISTER SIDBERRY, Single, ELEANOR MCALLISTER HANSLEY, widowed, KATE MCALLISTER MASSEY, single, SANDRA MCALLISTER FERNANDEZ, widowed, and JAMES DAVID MCALLISTER and wife, DOLORES MCALLISTER DEED and between GRANTEE LHH HOLDINGS, LLC, a North Carolina limited liability company Property Address: Duck Pond Road Ocean Isle Beach, NC 28469 Mailing Address: 127 Racine Drive, Suite 201 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. Submitted electronically by Ward and Smith, P.A. in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds. II' II' I I III I I I' I I I I II I I" I II I III' I'll BOOK:4360 PAGE:49 °a:axis 000 Page 2 of 10 Brenda M. Clenimons. Brunswick County. NC Register of Deeds The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: NOW, THEREFORE Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, North Carolina and more particularly described as follows: PLEASE SEE EXHIBIT "A" and EXHIBIT "A-1" The property hereinabove described was acquired by Grantor by instrument recorded in Book 30, Page 454 and Estate file # 80 E 140. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2020 and subsequent years. FURTHERMORE, the Grantors of this North Carolina General Warranty Deed certify that they are the only heirs of Joe Frink and Minnie Louise McAllister. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer by authority of its Board of Directors, the day and year first above written. {SIGNATURE PAGES ATTACHED} II'II' I IIII I II'I IIIII I III IJill Jill III BOOK:4360 PAGE:50 14403s000 Page 3 of 10 Brenda M. Clennnons. Bmnswick County. NC Register of Deeds 7� o (SEAL) Eleanor McAllister Hansley STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I--3- pry C • uea.rest- ZC Notary Public of the County and State aforesaid, certify that Eleanor McAllister Hansley personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this y of �, 2020. N ary P blic: My commission expires: Ntar?? (SEAL) C �Ry N rp �w IIIII II IIIIIJill IIIII IIIIIIIIIIIIIIII 1100K:4360 PAGE:51 °a/ao/°000 Pa Brenda M. m . Cleruons. Brunswick County. NC Register of Deeds9e 4 of 30 (SEAL) Kate McAllister Massey STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, �Sc�SaPh 0. V6mm, 21 , Notary Public of the County and State aforesaid, certify that Kate McAllister Massey personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this�ay of / #",, 2020. 7n otar P blic: My commission expires: U%- ?.Cn - Zo22 (SEAL) yata. Hc-,Y�✓P� ,W U e. �l 'aUEL�G �w w II' I' II I III I I'I I I I I II I I" I II I'II I I'll BOOK:4360 PAGE:52 isaos 000 Page 5 of 10 Brenda M. Clemmons. Bmnswick County. NC Register of Deeds (SEAL) J sep Sagiu4 McAllister STATE OF /' I f5S p a 1-1 COUNTY OF 5 r . �-f uiS I, D"(L5 , Notary Public of the County and State aforesaid, certify that Joseph Samuel McAllister personally appeared before the this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this ;L day of M41 2020. My commission expires: 4,5 - V-2-6Zc3 (SEAL) NOTARYE�Oyr j}o PUBLIC 1, NOTARY Wi SEAL COMMISSION I1s+t+H+ , r•.�+ a;. Tq . au co�•' JQ OF Mts`.'.�`0 Notary'Public: 11111 Jill 111111111111111111111 BOOK:4360 PAGE:53 0511 /5 20 Page 6 of 10 Brenda M. Qeounons. Brunswick County. NC Register of Deeds (SEAL). SandraN Callisfer Fernandez STATE OF COUNTY OF �� � I, CG &ftp' � 3 0 ,:Notaiy Public of the County andState aforesaid, certify'thatSandia.M'eAllister Fernandez personaliy'appeared before ine this dayand acknowledgea,the due execution, of the fps*goingiMtrument:. Witness my hand.and offic al,stautp or Sealy this of tjL). 2020. PIN i Wj2 / My commission expires: 7-1 iTZS yy���c�'�OPHER J.OTrO olary'p.. Ila. State of Mlohtgan OaunlyFOOf Saginaw AAA att:c ult�M1n+/m ar.19�20 5 II' II' I I III I "II 111111111111111111111 BOOK:4360 PAGE:54 105112/2020 35.000 Brenda M. Clemmons. Brunswick County. NC Register of Deeds Paof 30 (SEAL) 4, STATEOF IdDtWk COUNTY OF pL\EgAtN- 1, Jro �10 Notary Public of the County and State aforesaid, certify that Annie McAllister Sidberry personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, Public: My commission expires: tasV'od••1 DAVID HERRON t Notary Public, Stale of Indiana Martin County a d CamMy on Number piroo 7 o xur,S My �OBC142027�Irea of jnP<`,Y , 2020. II'll'I IIIIIII'IIIIII II"III'II'II'll BOOK:4360 PAGE:55 °a:ao35.000 Page 8 of 10 Brenda NI. Clenwons. Brunswick County. NC Register of Deeds (SEAL) Yowa& (SEAL) J es David cAllister DVres M Allister STATE OF a5, (M rai)o COUNTY OF G I Pal 1, Q4j61df Notary Publ{'�of the County and State aforesaid, certify that James David McAllister and, wife, I71�[ores McAllister personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this -bay of. 2020. My commission expires: C)Ci, 2q�j z0Z3 DELANIE PHILLIPS (SEAL) NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194041237 MY COMMISSION EXPIRES OCTOBER 29, 202 II' II' I I III I I I II I I I II I I" I I"II I' I'll BOOK:4360 PAGE:56 14:4o3s oo" Brenda W. Clemmons. Brunswick County. NC Register of Deeds"e 9 of 30 Exhibit A All of that certain tract or parcel of land lying and being situate in Brunswick County, North Carolina, and being more particularly described as follows: Beginning at an iron pipe found in the northeastern boundary line of a parcel owned by Russ & Gore, Inc. as described in a deed recorded in Book 1022, Page 597 in the office of the Register of Deeds of Brunswick County; running thence N 73°03'21" E a distance -of 584.03' to an iron pipe found; running thence S 17°23'11" E a distance of 25.00' to an iron pipe found; running thence S 17°23'11" E a distance of 485.98' to an axel found; running thence S 17°53'46" E a distance of 1089.88 to an iron rod found; running thence S 17°53'46" E a distance of 157.77' to a computed point; running thence S 17°53'46" E a distance of 251.41' to a point in the Waterway RAW; running thence with the Waterway R/W S 73°39'53" W a distance of 491.60' to a point; running thence with the Waterway RAW S 73039'26" W a distance of 104.70' to a point in the Waterway R/W; running thence N 17°21'04" W a distance of 222.65' to an iron pipe found; running thence N 17°21'04" W a distance of 552.90' to an iron pipe found; running thence N 17°29'01" W a distance of 1203.07' to an iron pipe found; running thence N 16°27'15" W a distance of 24.95 to the place and point of beginning. This parcel is depicted on the survey entitled "Boundary Survey McAllister, Minnie" prepared by Paramounte Engineering and attached hereto as Exhibit A-1. Together with and subject to a 25' Easement as depicted on the plat entitled "Survey for Minnie McAllister Heirs" recorded in Map Cabinet 33, Page 115, and described in the Deed of Easement recorded in Book 316, Page 787 ND: 4813-7504.5051, v. 1 1111111 Jill I Jill 111111111111111111111 BOOK:4360 PAGE:57 04<032 E Page 10 of 10 Brenda M. Clensmons. Brunswick County. NC Register of Deeds Dchibit A-1 § i6E't ---- i_—__— ...u.,.— C pall; - i ----- — Fay 1 ,.-. 411 fill ° h f aye p r o Aaa� ifii 9""Id i sal a� g `� ��gF4a h �6i.Efi g 1 p 4 rn qaT— This map may not be a certified survey end bas I I + 1 not been mvlewed by a local gavemmm: agency for compliance with my applicable lend developmrmt B reguhtoriand baa mlbem reviewed for compliance recordingNi I p ✓ �� °y with recording requirements for plats. sj 1 I I 3el ii� l J" e. —_—.st _vlM` __ I - WmAMpTn — — _ —. —. - ------------1,,mm_ b l� a „I l == I BOf ARV SURVEY 8 i b{ ALLIaTER J NNIB C ++ •.a "' tea` A 6 • aw.cwP _P �euee�NaYUatie.LWJ wUre wae.eiartrei i _ _ � � OCEW rerx. Pp.ACH mm�0"n swrttnnhm�nurmm wuwonrmmuvon�mm This cef2 cc 'hat there am no delinquent ad valorem taxes, fees, assessments or other lien which the Brunswick County Tex Collector is charged with oolleotin that we a lien on: Pamel Number 2 b as notated by the Brunswick County Assessor's office. This is not a certification that the parcel number matches the deed description. ✓ OCl2L2019 41� Date (Asst) Tex Col.1 Del. Tex Spec. 1111111111111I IIIIIIII IIIIIIIIIIIIIII a42s3 F0223 39 0 1gip BrunsWek County, NC Repl Iter of Ceps Cl e�m"ons PROP page 1 of 2 Brenda N. Clemons Register of peed. 10-21-2019 11:39:07.000 Brunswick County, NC NC RIZUS STRAP: E781.00 (11855850) Rev IaI� A,k Ck :fund _Cash $ Finance Portions of document are illegible due to condition Tfodgfnal. . Document contains seals verified by original -was tpa)4gggtg0:.a"NF.BBefEBB& This instrument prepared by BaxleySmithwick PLLC, licensed North Carolina Attorneys without opinion on title. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds., Parcel No: 24400010 Revenue Stamps $781.00 NORTH CAROLINA WARRANTY DEED STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DEED, made this the I'S" day of October, 2019, by and between COASTAL CHURCH, INC., (Formerly Known As Coastal Vineyard Church, Inc.) a North Carolina Corporation, of P. 0. Box 2799, Shallotte, NC 28459, party of the first part, hereinafter referred to as Grantor, and BILL CLARK HOMES OF WILMINGTON, LLC, a North Carolina Limited Liability Company of 127 Racine Drive, Suite 201, Wilmington, NC 28403, party of the second part, hereinafter referred to as Grantee; W I T N E S S E T H: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee, its successors and assigns, in fee simple, all that certain lot or parcel of- land situated in Shallotte Township, Brunswick County, North Carolina, and being more particularly described as follows: BEING all of that certain tract or parcel containing 13.46 acres, more or less, as more fully described in a survey plat. dated 16 October 2019 entitled "Boundary Survey For: Parcel ID: 2440001011, prepared by Christopher James Gagne, PLS, and recorded in Map Cabinet 117, Page 2, in the Office of the Register of Deeds for Brunswick County, North Carolina, to which plat reference is made and which is incorporated herein for greater certainty of description of said property For back reference see Deed Book 3619, Page 242 of the Brunswick County Registry. In accordance with NCGS Section 105-317.2, the mailing addresses of Grantor and Grantee are as stated above. The property herein conveyed does not, include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee in fee simple. AND the Grantor does hereby covenant with Grantee that Grantor is seized of the premises in fee simple, that it has the right to convey IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII B4263 P0114 ;a 19 Brunsuiek CouPty, NC Re AN aster a rentla N, Cleemery FRCP 9 f Deeds Page 2 of 2 the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons, whomsoever, subject to the following exceptions: -Utility easements of record and road and street right-of-ways. -2019 ad valorem property taxes. -Restrictive covenants of record, if any. IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed, the day and year first above written. COASTAL CHURCH, INC. By: / r'/'� i"•//'V Christopher D. Ptanley, Vice President STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, a Notary Public of said County and State, certify that CHRISTOPHER D. STANLEY personally came before me this day and acknowledged that he is Vice President of COASTAL CHURCH, INC., a North Carolina corporation, and that he, as Vice.President, being authorized to do so, executed the foregoing instrument on behalf of the corporation. Date: to -/4 - ( 7- ( 7 N tary Public�(KJ •�'�j•�� (NOTARY STAHP/9FAL) I , L1 A V / �` d U N6 �A Notary's Printed Name NR' 9Q. My Commission Expires: q- /�• �p.l OTA Y: Sao pV(37c i` Ths cecuues they there are no delinquent ad valorem taxes, fees, assessments Of other liens which the Brumwick County Tax Collector is charged with oolle img. that are a 4a51�4 y Ilan on: Parcel Number h as notated by the Brunswick County tFLf I AssessoPa ONloe• This Is not a cenfioation that the parcel number matches th"eed description. Ill) AUG 0 61010 d� Date (Asst) Tax Col. / Del. Tax Spec. II I I II I IiI I I I 1111111111 IN I I 1111111111 64PY7 IM-018 :; Brureulck County, NO Reglsteq of Oeeds peg- 1 as Brenda M. Clensons Reglster of Deeds 08-06-2019 14:10:14.000 Brunswick Comty, NO NC REVENUE STROP: $753.00 (#643981) k$ Ck lcesh$� 'tefund Cash$ FTwce ,Poritonsof ddcumentamillegibleduet000ndrdon of original. (3 Document contains seal byodginal inshumenttha: cannot be repmduood orcopied. This instrument prepared by: David L. Wortman, a licensed North Carolina attorney. Delinquent fates, if any, to be paid by the closing attorney to the Brunswick Comfy Tax Collector upon disbursement of closing proceeds. No title opinion or closing services rendered by preparer. - NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $753.00 ParcelldentifierNo. 2440000901&24400009 Verified by Comfy on the _ day Of 20 By PREPARED WITHOUT EXANUNATION OF TITLE Mail/Box to: Ward & Smith PA. 127 Racine Drive Wilmington NC 28403 This instrument was prepared by The Woriman Taw Firm. PLLC, 624 Village Rd. Suite 1. Shallotte NC 28470 Brief description for the Index: TR-A&C 13.93AC PLAT 221406 NC 179 & TR-B .52AC PLAT 221406 THIS DEED made dds0 day ofRjW.Sl20. /9, by and between CONMZ W. POWELL, widow PO Box 411 Sballofte, NC 28459 BILL CLARK HOMES OF WILMINGTON, LLC, a North Carolina Limited Liability Company 127 Racine Drive, Suite 201 Wilmington, NC 28403 Enter in appropriate block for eachparty: name, address, and, if appropratc, character of entity, e.g. corporation m partnership. The designation Grantor and Grantee as used herein shall include said parties, thew heirs, successors, and essig as, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grmrtor, for a valuable consideration paid by the Grantee, thereceiptofwhichishereby acknowledged, basand by these presents does grant, bargain, sell and convey onto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Shallotte Township, Brunswick County, North Carolina and more particularly described as follows: "SEE ATTACHED" The properlyhereinabove described was acquired by Grantorby mstrumeotsecorded in Book 1367, Page 1000 and Book 1415, Page 1103. All or a portion of the property herein conveyed _ includes or _ does not include the primary residence of Grantor IIIIIIIIII IIIIIIIIIIIIII�v. IIIIIII IIIII??� P096� mO1coo OP Panm 2 of A map showing the above described property is recorded in Plat Book 22, Page 406. TO HAVEAND TO HOLD the aforesaid lotorpercel ofland and all privileges and appurtenances thereto belongingto the Grantee in fee simple. And the Grantor covenants with the Grantee,tbat Grantor is seized ofthe promises in fee simple, has the right to convoythe same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to Restrictions, Easements and Right of Ways as may appear ofrecord. IN WrMSS WHEREOF, the Grantor has duty executed the foregoing as of the day and year first above written. en.ti-—en-rk— (SEAL) note W. Powell State afNorth Carolina -County of l-urrSWtG 1, the undersigned Notary Public, certify that Connie W. Powell personallyappcmed before nun this day and acknowledgedth tness due execution ofthe foregoing instrument for the purposes therein expressed. Wimy hand and Notarial stamp orseal this �� da of A(liti6f .2011 ea.p,u.unp. ��1PC0 J<l��` y ,,,,, � � �� 4 My Commission Expires: 10 %A all 0.,/1 f r L 11[f.,�` ii Notary Public it n 0115.1 certified to be conect. This instrument fast page hereof. Register of Deeds for County Deputy/Assistant - Register of Deeds IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIII B422i aass5 ?: Br...I.k County, NC aeglster of Deeds page 3 of e Exhibit A Tract BEING all of that certain tract or parcel of land depicted as POWELL MICHAEL D ET. CONNIE W, TRACT B, consisting of .52 acres +/- on the survey entitled 'Boundary Survey for Parcel ID: 24400009e, prepared by Paramounte Engineering, Inc. on March 16, 2019 and attached hereto as Exhibit A-1 for reference. Tract BEING all of that certain tract or parcel of land depicted as PO WELL CONNIE W, TRACT A, consisting of 13.95 acres +/- on the survey entitled "Boundary Survey for Parcel ID: 24400009010, prep ared by Paramounte Engineering, Inc. on March 15, 2019 and attached hereto as Exhibit A-2 for reference. HIjit i �S bt i�l Jill[�ii� I 1 I I Nil I i I 8 I i hw.,„nuawlw.w•,n�nru Q� � I 4 'fit � II TMI��eeM q e n[ 8p 1 gg 1 1 1 Nil \1' lli 1 i i fie 1 \ ppgaa ,' 1 E99EiiI i HOUNOARYSURMPOR. F.. PARMID]A OM It �f E93]IPCI66TMI=B B1no s i 3E .e OMRO nin'gnw T6 vfionn,ew6m 6NAIl.OITH'IOWNSF9P iiw wnwwmoKxorzmanmumm HAVN6WICK COUNTY, NG 9 30 t aS.d SP-0 To �'4sTH-H ON 'R°unoD M�Tnsun�p 'M' . °""99sea iiiea IIIIIIIIIIIIIIIIIIIIIIIITII IIIII IIIII 966 O1 04 616LS6-60 IIIII IIIII IIIIIIIIIIIIIIIIIIIIIIIIIII a4221 ?as6L.Mons ItlIPROP Bruneulek County, NC Re&.t.P of Seeds p.B. 5 of 5 Ymlercwwn IL1�im'd mwr ewVN3ATJId Fom'AimnooTO xoaaan>tnsxxv�no9 �ea9F9�i I ak aad � �3s � e ^ i 8�s tl9dg4 X�m.re lag-/- ._.......,... II, e�ag y i gel q8i @yy !'A � i gig9l € Ig�99 e e�j I eagigg 7� Qi e gg�j3g�'�s 4��ag II i a 9gge ?� tt�ppa "Jill IIIII II Jill IIIIIJill IIII IIIII IIIIIIII BOOK:4354 PAGE:110 35/36:260000 Page 1 of 4 Brenda M. Clen,mons. B&unew¢k County. NC Register of Deeds Brenda M. Clen,mons. Brunswick County. NC Re,Wt . of Deeds 04/30/202015:3626.000 NC REVENUE STAMP:$400.00 This instrument prepared by BaxleySmithwick PLLC, licensed North Carolina attorneys, WITHOUT OPINION ON TITLE. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $400.00 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Tax Parcel #4? 4 24 6 63,:,9ffj_;2 THIS DEED, made this the ZO day of April, 2020, by and between RUSS & GORE, INC., a North Carolina corporation, of 5621 Beach,Drive SW, Ocean Isle Beach, NC 28469, party of the first part, hereinafter referred to as Grantor; and BILL CLARK HOMES OF WILMINGTON, LLC, a North Carolina limited liability company, of 127 Racine Drive, Suite 201, Wilmington, NC 28403, party of the second part, hereinafter referred to as Grantee; WITNESSETH: THAT Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee, its successors and assigns, in fee simple, all that certain tract or parcel of land situated in Shallotte Township, Brunswick County, North Carolina, more fully described. as follows: BEING all of that tract or parcel designated as "Tract A 296,785+/- SO FT 6.81 +/- AC", in a survey plat dated March 11, 2020, prepared by Chris Gagne, P.L.S., Paramounte Engineering, Inc., and recorded in Map Cabinet 120 at Page 4, in the Office of the Register of Deeds for Brunswick County, North Carolina, to which plat reference is made and which is incorporated herein for greater certainty of description ("the Property"). TOGETHER WITH AND SUBJECT TO that certain easement of twenty-five feet (25') in width lying along the northern property line of the Property as more fully shown and described in the survey plat referenced above. Submitted electronically by Ward and Smith, P.A. in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds. I III Jill I I11111111111111111111 BOOK:4354 PAGE:111 04/101 0200 Page 2 of 4 Brenda M. Clemmons. Brunswick County. NC Register of Deeds In accordance with NCGS Section 105-317.2, the mailing addresses of Grantor and Grantee are as stated above. The property herein conveyed does not include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to Grantee in fee simple. AND Grantor does hereby covenant with Grantee that Grantor is seized of the premises in fee simple, that it has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, subject to the following exceptions: restrictive covenants of record, easements of record, street rights -of -way, ad valorem property taxes for the year 2020 and subsequent years, and the special covenant, limitation, condition and restriction set forth in Exhibit A attached hereto. IN WITNESS WHEREOF, Grantor has hereunto caused this instrument to be duly executed, the day and year first above written. RUSS & GORE, INC., a North Carolina corporation By: 0,0 C� Daniel T. Russ, President STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I certify that the following person personally appeared before me this day and acknowledged to me that he voluntarily signed the foregoing document for the purposes stated therein and in the capacity indicated: Daniel T. Russ, as President of RUSS & GORE, INC., a North Carolina corporation, as and for the act of the corporation. Date: April Zt , 2020 •o•P�G11rf K.,IF��,.,. 2 r� NOTgq� ..w �LS��CKrrnitS� war;710-/ )� '�� — RegiM K. Jenkins, otary Public My Commission Expires: 7-11-2023 'I' I III I I'I 111111111 Jill' Jill 11111111 BOOK:4354 PAGE:112 15:3626.000 Page 3 of 4 Brenda M. Clennnons. Brunswick County. NC Register of Deeds EXHIBIT A Page 1 of 2 Pages Special Covenant, Limitation, Condition and Restriction This conveyance is made subject to -the following Special Covenant, Condition and Restriction (herein "CCR"): No residential dwellings of any kind shall be constructed, located or allowed on or upon that part of the Property herein conveyed designated as area 8, lying in the southern portion of the Property as more fully shown and described in Page 2 of this Exhibit A, which is incorporated herein by reference. This CCR shall be appurtenant to, shall run with the title of and be a burden upon the Property herein conveyed, shall be a benefit to those tracts or parcels known as tax parcels 2440001501 and 2440001402, being Tract One and Tract Two as described in that deed recorded in Deed Book 4044 at Page 846, in the Office of the Register of Deeds for Brunswick County, North Carolina (the "Benefitted Parcels"), and shall be enforceable by the owners of the Benefitted Parcels and their lawful successors and assigns. 111ji,11 Jill 11111 Jill Jill I111111111111 BOOK:4354 PAGE:113 11111/G0200 B Page 4 of 4 Brenda M. Clemnron s. Brunswick County. NC Register of Deeds EXHIBIT A Page 2 of 2 Pages Special Covenant, Limitation Condition and Restriction J)LOL9•N6L (D[6) VNTIOHVD HXRON Ipr'uatBuwp HOVvq $ZSI NVHOO r (aVOUC(NOd}j:)nCr 07uw.T .Nonunvuo N a Z 9SVHd syau N Jad aI,IS �:v tail r �'::tr: � t' t• •'.. \� itp? 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A 4115 m F~r. ;: �- r . 9usrrlonmt�,�' .,-�•Shcettuitlaly+�tjf$ ���� @aY'stinilWii � _, rim S:9krDiloa(s '��- � `_ � , ,. — flu a Tu��.rwqi 41 �IIUYl3Ii+ .,,: �iiiiaiiia's�usan,v, i� �. ... �� - 36uycrlat4mis �- ,� —' SeICerinitiolsgtJ'ffi. �=�., ,4'. ft , �: �; s' I � B�� Clmi }lotges pC Wdmingtos, LI' I.i{nuprec . ' l n i t! d '4ANt�'�k"•j�7".�'"^�1vF'S+ ��S�N�T, 3'SY'�ii. . Mi 5 f [� f attt ys t t l 1 dia p ! �r�cn?es *�orciac!�i �it1c1aM+44fUme grosclJ g 'oo Pmpenx 4a� m Bohn NaklmiioN� R,CA"kR maifinmAd4jdslk: usivd a tG o66 AGENT I II 1 fti2Afidk'0bFCTdAdkPERMIT __AftW6w, Naffiq,0jpe.60ft-O**h6fR6 q ng ONE La- fid oftl eaver Y .1.2 Wilmington Photle u qerv�i rn"­ .I M"­c tent I cpowcto r dp ly WOuro6*6t 0 On AUA opq si d A necessaryior the qMriq;prp e., d en id ifi i i i, e- i c 16 1 6 t-parcels. "-Community -wilt feature ati`inland'canalantl` aiqd'M'ck.PbrtdjR ..Y in: BrUrisft 'Cod Pty 1 ;41 - 'A"A� j­331- _4 ,.M'- This ddtifiddli6 - Is.,lidth6Lg through1,261h3 77�_, A J t LAN>? MANAG] MEN7`IGRO.UP . .. •a DAYEY�+'cempa�y July 24, 2020 Ruth Lyons Heirs 1020 Park Avenue #U-807 Baltimore, MD 21201-5640 To Whom It May Concern: Bill Clark Homes is applying for a CAMA Major Permit for development activity on its property located on Duck Pond Rd, Brunswick County, North Carolina. The specifics of the proposed work are shown in the attached permit drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Due to size limitations, only Appendix A is included, additional appendices are available upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gfinch@lmgroui).net Sincerely, //�J-76�x Greg Finch, Agent Land Management Group Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 r L= G I:ANb MANAGEMENT GROUP _ a-DAIIEY�-cgmpang July 24, 2020 Daniel T Russ 1724 Pearlie Court SW Ocean Isle Beach, NC 28469-4788 Mr. Russ: Bill Clark Homes is applying for a CAMA Major Permit for development activity on its property located on Duck Pond Rd, Brunswick County, North Carolina. The specifics of the proposed work are shown in the attached permit drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Due to size limitations, only Appendix A is included, additional appendices are available upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at clinch@lmeroun.net Sincerely, n7_6i x Greg Finch, Agent Land Management Group Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 o. M. m, M1 m r± M o' ('A c 0 ,.o 0 iM, m .m U.S. Postal Service"' CERTIFIED MAIL' RECEIPT Domestic Mall Only For rletwery Snlorm ation. visit our webs! teal twrow esps7om . • ��iirilOf s PS Form 3800, April 2015 Pa. 71: a04Y 1 Seo Reverse for Inslmdions . 1 -� — m _ �r, PemNOiwe�PY7 . ri :t gralpt(aatwo) f�4,Q Un - Postrneall 0 pDmneu Mall nwmd.a Down �era�. I, o pMURr•IpnyturopgaYatl e_g$2w , I pKseryrti:.tirld.eDu..2r -- I Er M 07/2872020 C 0Poftpoold m , ; I ri0 cc c171, ALERT. AS HURRICANE LAURA RECOVERY EFFORTS ARE UNDERWAY IN GULF COAST AREA... USPS Tracking® FAQs > Track Another Package Tracking Number: 70183090000193137363 Remove x Your item was returned to the sender on August 21, 2020 at 10:42 am in WILMINGTON, NC 28401 because the address was vacant or the business was no longer operating at the location and no further information was available. Alert August 21, 2020 at 10:42 am Vacant WILMINGTON, NO 28401 Get Updates u Text & Email Updates Tracking History August 21, 2020, 10:42 am Vacant WILMINGTON, NO 28401 Your item was returned to the sender on August 21, 2020 at 10:42 am in WILMINGTON, NO 28401 because the address was vacant or the business was no longer operating at the location and no further information was available. August 21, 2020, 9:03 am Out for Delivery WILMINGTON, NO 28401 u n -n ro m a v n August 21, 2020, 8:52 am Arrived at Unit WILMINGTON, NC 28401, August 21, 2020, 1:01 am Departed USPS Regional Origin Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX August 20, 2020, 6:35 pm Arrived at USPS Regional Origin Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX August 20, 2020 In Transit to Next Facility August 19, 2020, 5:44 pm Departed USPS Regional Facility MERRIFIELD VA DISTRIBUTION CENTER August 15, 2020, 2:10 pm Arrived at USPS Regional Facility MERRIFIELD VA DISTRIBUTION CENTER August 4, 2020, 4:09 pm Addressee Unknown BALTIMORE, MD 21201 August 1, 2020, 4:47 am Departed USPS Regional Destination Facility BALTIMORE MD DISTRIBUTION CENTER July 31, 2020, 8:24 am Arrived at USPS Regional Destination Facility BALTIMORE MD DISTRIBUTION CENTER July 29, 2020, 1:20 am Departed USPS Regional Origin Facility CHARLOTTE NC DISTRIBUTION CENTER T m m a v m 0 x July 29, 2020, 12:25 am Arrived at USPS Regional Origin Facility CHARLOTTE NC DISTRIBUTION CENTER July 28, 2020, 1:10 pm USPS in possession of item WILMINGTON, NC 28403 Product Information See Less ^ u co Can't find what you're looking for? d Go to our FAQs section to find answers to your tracking questions. FAQs ALERT: AS HURRICANE LAURA RECOVERY EFFORTS ARE UNDERWAY IN GULF COAST AREA... USPS Tracking' FAQs > Track Another Package + Tracking Number: 70183090000193137370 Remove x Your item was delivered to an individual at the address at 12:43 pm on July 31, 2020 in OCEAN ISLE BEACH, NC 28469. G Delivered July 31, 2020 at 12:43 pm Delivered, Left with Individual OCEAN ISLE BEACH, NC 28469 Get Updates v Text & Email Updates Tracking History July 31, 2020, 12:43 pm Delivered, Left with Individual OCEAN ISLE BEACH, NC 28469 Your item was delivered to an individual at the address at 12:43 pm on July 31, 2020 in OCEAN ISLE BEACH, NO 28469. July 31, 2020, 12:48 am Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX m Co m or CL �c July 30, 2020, 11:52 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX July 29, 2020, 12:25 am Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER July 28, 2020, 1:10 pm USPS in possession of item WILMINGTON, NC 28403 Product Information v See Less n Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs WN C,.DlVlSlON'OF•COASTAL MANAGEMENT NOTIFICATION OF COASTAL WETI:'dND DETERMINATION" Pursuapt.to NCGS4'13-22b(h)(3), and 15A NCAC 07H.ib205(a). A 713. C� Property Owner. -,r Mailing Address: `u -Site.�Addrem._�� oUJI ProjdaLocation; County, &Aswi CVUS%NC/t , 117.51 River Basin, Adj, Water Body 1W V , Indicate Which of the Follovvlhg Amtily: Coastal Wetlands have been identified on' the above. described property. The project ,(as currently proposed) may _impact these wetlands but•.no official,�delineation was oerformed.'The',Division of Coastal Management suggests that'you request a formal delineation;by'this Division to'evaluate `potential impacts to CoaXtat Wetlands. and project,designalternatives. Coastal Wetlands have been identifled`on the above described property: At yourireduest, an,official oastal. Weiland delineatiomwas.performed,by the'Div sion.of Coastal Management.'The Division �of..Coastal Man agement•suggest_s,that you- ave-the,delineation surveyed. The. Division will yerifythe surveyed'line, which will then.remain valid'fora period not to exceed 12' months from the delineation. CoastalMetiands species identified on -site: A—Spartina alterniflora _Distichlis'spp. _Qladium,jarnaicense _Spartina cynosuroides ,-KJuncus roerherianus 4urnonium spp. _Typha, sop. ( Salicornia.spp. Scirpus spp, opartimpatens Check any field Indicators tha8apply.to' establish regular oroccasional flooding: -&—tidalwater:observed on -site (do -not check if during or following Tropical StormlHurricane) ,crabs/holes wracklines _staining tidal water connection - periwinkle elevation changes _other (please describe) _ = 'DCM.Offic al Ye r da1-\ � � c,W Title' Date` In the event .supervisor, call, you may. request;& second. opinion -by dontacting my N4 District Manager) at dito -9 W :-+'z15 Visit our website at-www.nccoastalmanagerrient:coin Appendix C-Open Water Marina Alternative Appendix D-Support Letters F F4RAlViz a"JIIMAMS (BRUNSW(CK COUNTY."CONIMISSIONCFi May, 15, 2020 Mickey Sugg, Chief Wilmington Regulatory Field Office U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Re: Dredging of Canal - Duck Pond Road Dear Chief Sugg: I am writing in support the dredging of a canal in the proposed development off Duck Pond Road. It is my understanding that the Mayor of Ocean Isle Beach feels this is a better development idea than placing a marina and gas docks directly on the Intracoastal Waterway. It is also my understanding that the canals in Ocean Isle Beach have proven environmentally sound and are quite popular. Please consider working with the developer, Bill Clark Homes, in permitting this course of action. Sincerely, 4 x 1 F Frank Williams Brunswick County Commissioner District 5 P.O. Box 1986 Leland, NC 28451 - (910) 604-6510 www.CommissionerFrankWilliams.com ,T4pWN.8F6oteAN,i5LF-�eEACH'/3kW;"rHIRE)*ST-R ET/-PCF-AN ISLE E3EACH,-NC?§"p, (lalp) S79488D4/WWW.OIBGbV.(jOMf May 4, 2020 Mickey Sugg, Chief Wilmington Regulatory Field Office U.S. Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Re: Duck Pond Road Development — Dredging of canal Dear Chief Sugg, I am writing to support the development project proposed by Bill. Clark Homes off of Duck Pond Road near Ocean Isle Beach. It involves the dredging of a short canal, so that the marina and fuel dock can be located away from the Intracoastal Waterway. I understand that without the canal, that they will be located contiguous to the ICW. As the N.C. Representative for the coastal communities in Brunswick County, I have seen our many canals not only provide docking off the ICW, but also provide local infrastructure to handle stormwater runoff in a better manner. I also understand that the developer is offering mitigation to comply with best practices. Your consideration is appreciated. Sincerely, Rep. Frank Iler District 17 —Brunswick County Appendix E-Mitigation Credit Letters STONE FARM REGIONAL MITIGATION BANK CREDIT REQUEST ACCEPTANCE . Date:-0712012020 Bill Clark Homes Land Weaver 127 Racine Drive Wilmington, NC 28405 Project Name: Hunters Bay Expiration of Acceptance: 01/20/2021 SFMB Number: Dear Mr. Bill Clark: Stone Farm Mitigation Bank_, LLC 2618 New VIIIage Way Wilmington, NC 28405 (910)251.8543 The purpose of this letter is to notify you that the Stone Farm Regional Mitigation Bank (Bank) Is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the Bank will be approved. It is also the responsibility of the applicant to determine the appropriate credit ratios that will be required for the corresponding wetland and/or stream impacts. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity. This acceptance is valid for six (6) months from the date of this letter and is not transferable. If we have not received payment for the accepted credits of the Issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. Predicated on the total payment due to the Bank, as set forth herein, a ten (10) percent non-refundable deposit is due at the time of acceptance by the Bank. It is the applicant's responsibility to send copies of their permits to the Bank. Once the Bank receives a copy of the permit(s), an invoice will be issued based on the information identified below. Payment must be made prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and amounts identified below are consistent with the compensatory mitigation requirements of the permit(s) issued. The Bank and/or its agents are not responsible for determining the applicant's mitigation requirements. Based on the information supplied by the applicant, the impacts that may require compensatory mitigation are summarized In the following table: _ CU Location Strea -(1 t _ .) Wetfanil as No—s nri arian Riparian i Impact 030d0208 ; i :35 10 Credits�_ , •03040208 �..._.... �, _�.. __ _ � � :�,:70'_. _- _ _ _._ _..20 - ' , Note that the impact and credit totals above were provided by the applicant. It is the applicant's responsibility to provide accurate information (including the requested mitigation credits).,, The Bank and/or its agents are not responsible for determining the required credit amounts. The Bank's decision to accept credits is based upon the information provided by the applicant. The Bank is not liable for any credit . shortage should the applicant's required mitigation credits exceed the amount specified In the above table. Based upon the type and amounts of credits requested above, the following payment mustbe, provided to the Bank prior to issuance of credits: CredIOT e_ _Unit_ Per UnlECredltFee' I iSub-Total i Stream __ . _ u_ 4.0 ._ _ __.$55881 + _ _ $0.00 Nenri ariarfWetland- , RI avian Wetland-= - -- 0.7 - . $61,26436 _ _ $42,88.505 == $12,P52 67 _— 0:2 $61;264 36 Total payment Due': - li-$55.137.92 Non-refundable Deposit ,! $5,51179 Balance _DueU on,lnvolce P $49624.131, Upon receipt of full payment, the Bank will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and should the applicant want the Bank to provide such credits, it is the.applicant's responsibility to submit an additional credit request form to the Bank. If you have any questions or need additional information, please contact Jordan Cline at 910-251.8543 or jordan@dwenterp(ises.net Sincerely, t rd"a . Irte- Slofle.f artn'Mitigation Bank, LLC cc: NCDWQ-Raleigh USACE NCDWQ-Local Agent LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY July 21, 2020 TO: Mr. Landon Weaver (Bill Clark Homes) FROM: Lower Cape Fear Umbrella Mitigation Bank 127 Racine Drive c/o Land Management Group Wilmington, NC 28405 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Project: Hunters Bay (Brunswick County, NC) Dear Mr. Weaver: Pursuant to the recent credit request submitted on your behalf, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed coastal wetland impacts associated with the Hunters Bay Project (Brunswick County, NC). This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type I Credits Reserved Fee Per Unit J Fee Stream 'I 0.0 $558.81 $0.00 Non -Riparian Wetland 0.0 $61,264.36 j $0.00 Riparian (Riverine) Wetland 0.5 ! $61,264.36 $30,632.18 i Total Feed $30,632.18 Based upon receipt of your email transmitted on July21, 2020, LCFUMB will reserve 0.5 riparian riverine wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-day period. Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $30,632.18. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at cpreziosi@Imgroup.net. Sincerely, Land Management Group (agent for LCFUMB) jr i t Christian Preziosi Principal Consultant LOWER CAPE FEAR UMBRELLA MITIGATION BANK BRUNSWICK COUNTY, NORTH CAROLINA Summary of Ecological Assets of the Wilmington River Club (Tidal Wetland Site) • The Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) has resulted in the restoration, enhancement, and preservation of over 500 acres of regionally significant and endemic tidal marsh, riverine swamp forest, and headwater stream habitats of the Cape Fear Region, North Carolina. • The "umbrella" Bank consists of two sites: (1) the Wilmington River Club (WRC) Tract (aka "Sneeden" Tract on RIBITS) which is located 1.4 river miles north of the northern confluence of the Brunswick and Cape Fear Rivers in Navassa, NC; and (2) the White Springs Tract which is located approximately 13 miles south of Wilmington, NC. • The Bank has completed intensive regulatory review and subsequent concurrence by an interagency review team comprised of federal and state agency personnel (including representatives from the US Army Corps of Engineers, US EPA, US Fish and Wildlife Service, North Carolina Department of Environmental Quality, the North Carolina Wildlife Resources Commission, and the North Carolina Division of Marine Fisheries). Restoration work has been completed at both sites with all monitoring completed and all credits released for the WRC tidal creek and tidal wetland site. The following information describes the ecological assets of the WRC tidal site. • The WRC Site provides for the restoration of a first -order tidal creekvia the removal of dam historically impeding fish passage and tidal exchange with upstream waters. The presence of the dam had prevented tidal exchange with the coastal wetlands along the river and had altered natural hydrologic patterns (i.e. conversion to a lentic environment) of the creek and its adjacent wetlands. Such alteration resulted in both physiochemical and biotic impacts at the site. The mitigation work completed at the site resulted in the subsequent restoration, enhancement, and preservation of tidal marsh (mesohaline to freshwater) and tidal swamp forest habitat along the Cape Fear River. This habitat is identified as a Significant Natural Heritage Area by the North Carolina Natural Heritage Program and is classified as vulnerable to extinction (due to its limited range of occurrence and threat to degradation). Functional benefits as a result of the work performed at the WRC site include: (1) re-establishment of free -flowing conditions allowing for normalized sediment transport and increased dissolved oxygen within surface waters draining into the Cape Fear River (this is particularly beneficial since hypoxia is one of the principal surface water impairments identified within the Lower Cape Fear River); (2) increased export of organic matter for support of downstream food webs; (3) unimpeded pathways for anadromous fish to upstream sites; (4) direct restoration of primary nursery areas supporting embryonic, larval and juvenile populations of recreationally important fish and crustacean species of the Cape Fear River. Each of these functions are characteristic functions provided by coastal marshes of the Cape Fear region. The WRC Tract consists of high -quality tidal emergent marsh and tidal riverine swamp forest. The emergent marsh ranges in salinity from mesohaline (in the southern portion of the site) to freshwater Lower Cape Fear Umbrella Mitigation Bank Cape Fear Hydrologic Unit Code 03030005 (in the northern portion of the site and along the upper reaches of Mill Creek and Indian Creek). Vegetative assemblages include big cordgrass (Sportina cynuseroides), narrow -leaf cattail (Typha angustifolia), and saw grass (Cladium mariscus) in the higher salinity portions of the site to highly diverse freshwater communities that include wild rice (Ozania aquatica), arrow arum (Peltandra virginica), pickerelweed (Pontidaria cordata), and waterhemp (Amoranthus connabinus). The tidal riverine swamp forest is dominated by bald cypress (Taxodium distichum), swamp tupelo (Nyssa biflora), and water tupelo (Nyssa aquatica). Both the tidal emergent marsh and the tidal riverine swamp forest wetland types provide important nursery, foraging, and refuge habitat for a variety of finfish and shellfish. There are also several tidal creeks and canals that provide enhanced tidal exchange and fish utilization to interior wetlands of the site. This portion of the river is mapped as Primary Nursery Area (PNA) by the North Carolina Department of Environmental Quality (DEQ). In general, these areas consist of soft muddy bottoms with adjacent marsh or forested wetlands that provide suitable habitat for larval and juvenile finfish and shellfish development while providing protection from predators. In particular, tidal emergent marsh and riverine swamp forests are important nursery areas for anadromous and resident species of the Cape Fear River. Anadromous species such as American shad, hickory shad, striped bass, alewife, blueback herring, shortnose sturgeon, and Atlantic sturgeon are known to utilize these areas for spawning and larval development. The tidal wetlands are also important for transient estuarine species such as spot, croaker, shrimp, and blue crab. The WRC site has provided a unique opportunity to expand nursery habitat via the removal a causeway that impeded tidal exchange and fish passage to upstream areas of Mill Branch. The mitigation work completed supports the re-establishment of characteristic tidal wetland functions (e.g. increased dissolved oxygen, enhanced detrital export, and expanded primary nursery habitat). As a result, the restoration, enhancement, and long-term preservation of the site is considered to provide suitable mitigation for a range of tidal environments (including coastal wetlands) in the Cape Fear region. Lower Cape Fear Umbrella Mitigation Bank Cape Fear Hydrologic Unit Code 03030005 2 Date Date Check From Name of Vendor Check Check Permit Rct. # 1 Received Deposited Permit Holder Number amount Number/Comments 9/17/2020 Davey Resource Bill Clark Homes United 2020 $400.00 major fee, PIN 24400001301, Tmac rct. Group Inc. Bank Hunters Bay, Ocean Isle Beach 11603 BrCo SPLIT 60/40 Major Permit Fee Schedule Project Name: �it. vCfoM rltA M12muo Check No & Amount: aooab �V DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60%($240) 40%($1601 Certification No. 4175 cannot be applied. IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. DCM Coordinator: Curt Weychert County: 6Y2- Permit #: I ro V WIRO E-MAIL DISTRIBUTION SHEET # Circle o e: Bio Repo //�nnPermit for: 1I'i1 Oversize P nt: W �VII& DCM Offices: Morehead City: PT (if oversize) via Courier _ 'cc Curt & Amanda on group email wl bio.narr.app.drawings, deed, comment sheet 'MHC documents (Curt & Amanda) Wilmington: Original hard -copy, ONLY USACE & DWR (mraq: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: r & Carteret Co): PN, CL, Reports, Split Sheet use both ImingtonNCREGQusace.army.mil (NH/BR): PN, CL, Reports, Split Sheet eg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: obb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet �01 (PN/ON): PN, CL, Reports, Split Sheet_ Div of Water Resources: Sheri Monte Ivo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: Xi Harding — DCM Planner/WiRO: Christenbury — Cultural Resources: /Ike ✓Renee Gledhill -Earley Environmental Review(a)ncdenr.gov_ Natural Heritage Prog. Aney Butler DCA-Rural Eco. Dev: %,. 4ark Ziegler _ NC DOT: Avid Harris Wildlife Resources: 16maria Dunn w/Reports State Property Office: 4 Walton: DEED _ yM a Moser nda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: �my Humphrey (Bio) / Vaeon Gupton, Admin. _ DEMLR:Fy stine Hall - Stormwater Section Plan Sams - Land Quality Section Public Water Supply: 1616idi Cox City of Wilmington: Enforcement: FieldRep:Tf(Va ' ` OLL �V6� Co. LPO ✓ , -rlYIIe Agent: DISTRIBUTED: H I1- Updated fp/o1)20 CAMA/Shaun majors docs/e'Agency List } a � n44^ri. M .K ME �t Yh<.K `uy �`t 4 - v , EM, VEM, *1) ffitk Q9') u + 1 � HALE SWAMP';�D. V— JS k4t M1,n dP.M. nw - " HWY 179 / BEACH DR SW J ' • ,.' , d W. �- 24400009 � — ,� �� h 24400010Ot f' ` 2440000901 �. I 24400011 - ' 2440001201 , . .a • • £ R. �n i v CFI , , _ 4 ' • w, , " 2440002005 a "- 2440001101 2440002006 { — — 2440001302 • DUCK POND RD SW 2440001301 2440002007 RUTH LYONS HERS a DANIELT RUSS1� "3 P r 1 �' M HALE SWAMP RD SW 1111 „-. .L PURA MIMI I WETLAND IMPACT "E" ISOLATED WETLAND (0.25 AC./10,972 SF) DUCK POND RD SW -4' MLW IN BACK CORNERS WETLAND IMPACT "F" ISOLATED WETLAND (0.11 AC./4,949 SF) WETLAND IMPACT"G" (0.31 AC./13,350 SF) 20'-WIDE BOAT RAMP 80'-WIDE CANAL (-6' MLW)- WETLAND IMPACT "H" (0.10 AC./4,241 SF) WETLAND IMPACT "I" COASTAL WETLANDS (0.22 AC./9,376 SF) HWY 179 / BEACH DR SW WETLAND IMPACT "A" (0.004 AC./187 SF) (EXISTING 24" CULVERT TO BE REPLACED) 24' x 22' AMENITY BUILDING r �. 1 WETLAND IMPACT PROFILE 0 WETLAND IMPACT "C" ISOLATED WETLAND (0.06 AC./2,630 SF) WETLAND IMPACT "D" ISOLATED WETLAND (0.20 AC./8,609 SF) 80'-WIDE CANAL (-5' MLW) 40'-WIDE ACCESS CANAL -6MLW} 75' AEC \ 30' BUFFER \ 404 WETLANm LINE COASTAL-W�TLAND LINE MHW USACE ROW USACE SETBACK USACE NAVIGATION CHANNEL 4 WATER BODY WIDTH NOTES: 1, BASE SURVEY FILE PROVIDED BY PARAMOUNT ENGINEERING, INC. 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Legend Boundary 0 Project: ate Revision Oate. BULKHEAD /� nzaizoz0 7( = Hunters Bay 10/30/2020 �•l Scale:J.Fv.mE5r: lANpMAf{ACCNaNT4Rp119 1"=400' LMG79.309 .vtl Title', .mete¢ 3905 WrightsvilleAvAve Suitt Plan View Drawn By: Sheet Number; 4 0 0 Wilmington, Caroline 2803 Disturbed Area GSF 207 91045 o-0sz-oom HALE SWAMP RD SW DUCK POND RD SW 20'-WIDE BOAT RAMP 80'-WIDE CANAL (-6' MLW)--_'- 40'-WIDE ACCESS CANAL -6' M LM HWY 179 / BEACH DR SW 55' x 22' POOL HOUSE 24' x 22' AMENITY BUILDING 80'-WIDE CANAL (-5' M,W) 75' AEC \ -30' BUFFER \ 404 WETLAND LINE / COASTAI,WE�fLAND LINE 4 MHW r ��- - - USACE ROW USACE SETBACK USACE NAVIGATION CHANNEL a WATER BODY WIDTH . NOTES: 1. BASE SURVEY FILE PROVIDED BY PARAMOUNT ENGINEERING, INC. 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Legend Boundary — —--'--'— Area �� Project: Dete: s .n 7/24/2020 9 ' �� 1 Hunters Bay lUl Scale: LAN�tldrStfna6AUWj4n0UA 1"=400' r .'S.ap►iT' %amvrvk Tile: Revision ii 10/30/2020 o um ar: LMG1g.30g 0 3805 Wrightsville Ave Suite 15 Plan View Drawn By: 0 Wilmington, North Carolina 28403 GSF Sheet Number: 3 of 7 910452-0001 `'42' x 6 /FLOATING 4 50' BOFFsa �R 20-liii BOAT RAMP \ 81�'-WIDE CANAL , \ I 41 WgTLAND LIN� _ w I 'I COASTAL WETlt.AND LINE 11 ,� III \ I MHW ENTRANCE CANNEL WALL/'\ BREAKWATERS BEYOND MHW ,,\ 40'-WIDE ACCESS CHANNEL, A OUTER EDGE OF, MARSH ,\ 1 11 , 75' AEC1\ �30'BTER \\ _ , \, \ C HI.-- L' MARK SAT�- START OF CANAL WALL. --_ 15.00� MLW WATER BODY WIDTH USACE ROW USACE SETBACK- ' RIPARIAN CORRIDOR/� - ,, - DREDGE-5bUNDARY EXTENDS TO -6 MLW ' -' ,_.AT'f1ME OF CONSTRUCTION/MAINTIffi4ANCE. USACE NAVIGATION ' CHANNEL ' Legend NOTES: roperty Boundary 1. BASE SURVEY FILE PROVIDED BY PARAMOUNT ENGINEERING, INC. 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. anal Bulkhead redge Area �JJJJJff�, Project: Deter 7/24/2020 Revision 10/30/2020 T+tf Hunters Bay Scale: o um er. LA]uPm7J2k4y1M! 1"=100' LMG10.30g - Md tagmy Title: 3805 Wrightsville Ave Suite 15 Plan View Drawn By: Sheet Number 0 0 Wilmington, North Caroline 26403 Canal Amass Detail GSF 4 of 7 - 910452-0001 _ i _a - I CANAL WALL / BREAKWATER ---'Emmiiiiiiiiiiiiiit 15.00 = I i ID �E C OUTER EDGE OF MARSH _____ ------ �■ L �� ■ I- ----------------------- -- _ - ■ I _ ..—._.— ----- ---- RIPARIAN CORRIDOR CHANNEL MARKERS AT 8 6 MHW ig 4 4 17471 1 11 1 11 1 J MLW — r PROP SED CHA qNEL -6' L —WUTUEPT ZP-6 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 04 8 is NOTES: - f - T `" LMG Project. Hunters Bay Date: 7/24/2920 Revision Date: 10/30/2020 1. BASE SURVEY FILE PROVIDED BY PARAMOUNT ENGINEERING, INC. 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. t.A¢QHNIACENEYi 6tuWP - - aorErt¢. Sys 3805 Wrightsville Ave Carolina 2 403 Wilmington, North Carolina 8 91045241001 Seale: As NoteA Jo r umber LM519.309 Title Cross Saloon A Drawn Marsh Sill Detail By. - GSF Sheet Number. 5 of 7 CANAL WALUBULKHEAD Jr LW 30' BUFFER 20'-WIDE BOAT RAMP _g ■ o i T LI e RA i _ I■ ------ ----- --------------- --------®-- �.�- •� e 150' x U ACCESS WALKWAY �• ' ' 4 FNG D K 75' AEC a o 10 30'BUFFER XISTING GRADE r 30 30 :1 SLOPE LIP TOEXISTING RADE E ISTING GRAD �W LKWAY N GRA E ----------------------- ---- _----- _ _ _. _.-._. _.1.------ ---- ---------- LEVATION PER E GINEE ELEV TION PE R ENGI EER 1 138' 10 — 8�_ - ------ — ---- — — ------- —--- a — NAVI— a — --- --- --- ------T CUT —O— --M— --6' ------- ------ -- — a or 10 o e O o 0 e 0 o a o 0 1 ,. , e t o 1 0 , e t o t 0 , e ,40120 o ROPOSED BULKHEAD ROPOSED BULKHEAD (DEPTH PER ENGINEER) (DEPTH PER ENGINEER) 0 0 Protect: - Date: 7/24/2020 Revision Oat.: 10/30/2020 NOTES: - L1VIG Hunters Bay 1. BASE SURVEY FILE PROVIDED BY PARAMOUNT ENGINEERING, INC. scale - Jo umber 2. NOT SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL uvanvaecealsvr=w As Noted LMG19.309 TV.: PERMITTING ONLY. M05 Wnghtavillie Ave sate 15 Cross Section Drawn By: Sheet Number. Wilmington, North carolina26403 _ Dock and Canal Detail GSF 6 of 7 g,0.452-0 n, Bay.Cwg �— ROW (W�F D IMPACT LIMITS};__ --------------- - s-=F r � ^ 404\WETLAND UNE -_ _----- ----- - WETLAND IMPACTAREA `\ \\ It\_\ _ 20'-WIDE RDADWPrY�- -, \� -------= \__ o \`. 0 \\ \/° SIDEWALKS ROW PROPOSED CULVERT ROW I (6" BELOW GRADE) 22 22 I 20ROAM" 20 18 18 16 - EXISTING 16 12 _ - = _ - = = _ - 10 = _ _ _ _ _ _ _ _ _ 10 8 _ _- - _- _ - _ - - - - - - - - - - - - - - - - - - - - 6 6 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0 90 Pmj.a Date: Revision 7/24/2020 Date: 10/30/2020 NOTES: �T Hunters Bay 1. BASE SURVEY FILE PROVIDED BY PARAMOUNT ENGINEERING, INC. 1,11 �'a a ACE° cR° S®le: fob Number. 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL 5_ a0il.mabim As Noted LMG19 302 Tnto: PERMITTING ONLY. i 38c5 Wri ghtsvilllee AveAe Carolina 2 4 Wilmington, North Carolina 2a403 C Cross Impact Weflantl Impact Detail D. By: GSF Sheet Number 7 of 7 910A52-0901 C1Users\9f0014\D.1d.PWunters Bay.d g I I I I I I I I I 1 ih I I I WATERWAY RM/ -� � 9O WgrtPW1Y6ERgL1( Ii1 Wg7Ep6O0Y016�fpp6E �- N i '" 2��o+aa m 10 a �Oa_�nrai�m�n. ^ .yrnT1111T1TT�oo.Nm PROJECT STATUS TOPOGRAPHIC SURVEY DUCK POND ROAD MEAN MEAN HIGH WATER EXHIBIT OCEAN ISLE BEACH BRUNSWICK COUNTY, NC —�- CUENTIN108.TION'. BILL CLAIUC HOMES 127 RAONE DRIVE, SUITE 201 WILMiNGTON, NC 28403 REMSIOns: ^` ^ " Cinema Drive Wilmington, North Carolina 28403 910 791-66707 O 910 791-6760 ( ) ( ) ( ) (E7 oRAvnrvo INFORMATION z T A W N O M m OX�ZN� C D 2 0 � am M mGp nO T ODcmm M�mz� z-DRlO G�Ama�5 moD3m = p m—y�W M { o�n°'�v p T.o N D .TI N 7nm0 z Mc c z O m A z m z z m o A z z 3 4� m z z � D- r v M 3 z O O z 4 \ o i t R ° V11 VN. 1 I i , 1 ,