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91-20 Graham, Ralph
Permit Class Permit Number NEW 91-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission �erm:it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Ralah Graham, 242 Mallard Way, Mooresville, NC 28117 Authorizing development in Brunswick County, adi. to the AIW W, at 2606 East Yacht Drive. in Oak Island as requested in the permittee's application dated 5/24/20. including attached wor lan drawings (2), Sheet 1 of 3, dated "Received DCM Wilmington" 6/23/20, and Page 1 of 1 dated "Received DCM Wilmington" 5/11/20. This permit, issued on September 15 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ie subject to fines, imprisonment or civil action; or may cause the permu to oe min anu vom. Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. ' (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee FW .'* Ralph Graham Permit No. 91-20 Page 2 of 3 ADDITIONAL CONDITIONS 5) The bulkhead shall be constructed prior to any backfilling activities 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. 10) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 15) All debris associated with this development shall be contained within the authorized project area and removed to an appropriate upland refuse disposal site. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2020- 0910. Ralph Graham Permit No. 91-20 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized this project by Nationwide Permit 3 (Action ID No. SAW-2020-01133), which was issued on 9/11/20. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator: Curt Weychert Circle one. io Repo Permit for: Oversize Plans sent: County: .1 )2- Permit #: 1 jY t/ WIRO E-MAIL DISTRIBUTION SHEET �1�v% G1�rn,l�tvtn DCM Offices: 1pr Morehead City: PT (if oversize) via Courier *cc Curt & Amanda on group email w, bjo.narr.app.drawings, deed, comment sheet 'MHC documents (Curt & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: xi av (fender &Carteret Co): PN, CL, Reports, Split Sheet _ (until territories are decided) �INilmin tonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet. Div of Water Resources: ✓✓✓✓✓Robb Mairs -401 (BR/NH): PN, CL, Reports, Split Sheet _ Jiolley<rider-401 (PN/ON): PN, CL, Reports, Split Sheet_ Div of Water Resources: VSherl Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _ Marine Fisheries: Anne Deaton (temporary) w/Reports DCM Planner/WiRO: v4ike Christenbury _ UA Cultural Resources: ✓ nee Gledhill -Earley Environmental. Review0ncdenr.cov_ Natural Heritage Prog. >�odney Butler_ DCA-Rural Eco. Dev: `Mark Ziegler NC DOT: V15avid Harris — Wildlife Resources: ria Dunn w/Reports State VTi Property Office: Walton: DEED _ Vke Moser ,anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: �.derepiy Humphrey (Bio) / ron Gupton, Admin. DEMLR: vh ittine Hall - Stonnwater Section pan Sams - Land Quality Section _ Public Water Supply: ,,Yeidi Cox _ kuFsfen = �/ p: Enforcement: �Ietld R Co. LPO Agent: ` DISTRIBUTED: Updated 052a20 CAMA/Shaun majors docs/e Agency List DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Ralph Graham COUNTY: Brunswick PROJECT NAME: Graham Bulkhead LOCATION OF PROJECT: 2606 R Yacht Dr., Adj to AIWW, Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-30-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Brock DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 7-13-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 9-13-20 HOLDS: MAIL OUT DATE: 7-10-20 PERMIT FINAL ACTION: ISSUE DENY RECEIVED JUL 10 2020 DCM-MHD CITY To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE RECD: $400 (60/40)#1212 & 1210 END OF NOTICE DATE: 8-3-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 8-3-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM- Field Rep 4 -10-20 DCM - LUP Consistency Determination - Local Permit Officer Corps of Engineers - Regulatory Branch 1 " 1(- % - (133 DWR-401 Section PJ�%$' �0 DWR-Public Water Supply DEMLR - Stormwater DEMLR - Sod and Erosion DOA - State Property Office Cj Wildlife Resources Commission J� - DMF - Shellfish Section DMF — Habitat & Enhancement 3 — DNCR— Archives& History — DNCR - Natural Heritage Program NCDOT NC Dept of Commerce -?,. Recommendations for State Permit- Graham Private Bulkhead It is the staffs recommendation that the applicant's proposal to install approximately 17 linear feet of bulkhead resulting in the filling of approximately 213.93 sq. ft. of §404/401 wetlands appears to be CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7). DCM has received USACE's determination that such low quality wetlands should not require the applicant to purchase mitigation credits. DECEIVED JUL 10 2020 DCM-MHD CITY ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS NCRI H "ARCI.INA July 9, 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.wevchertCa NCDENR.gov SUBJECT: CAMA/DBF Applicant: Ralph Graham Project Location: 2606 E. Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: The applicant is proposing to construct .17linear feet of vinyl bulkhead, filling approximately 213, 93 sq. ft. of 4041401 wetlands. 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 August 3, 2626.' If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: IIr 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 are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME MOK Down AGENCY PubCC G7lis/ SIGNATURE ./ lli 44",- DATE 7-0-a d RECEIVED JUL 13 1040 MP SECTION State of North Carolina ,Environmental Quality! Coastal ManagementDCM - MHD CITY 127 Cardinal Drive EaL, Wilmington, NC 28405 919 796 7215 NORTH CAROLINA Eivirornuenial L'ualrtp July 9, 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 D E N R. g ov SUBJECT: CAMA/D&F ROY COOPER Governor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Director, Division ofCoasial Management Applicant: Ralph Graham Project Location: 2606 E. Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: The applicant is proposing to construct 17linear feet of vinyl bulkhead, filling approximately 213.93 sq. ft. of 4041401 wetlands. 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 August 3, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 Dan Sams AGENCY DEMLR SIGNATURE a5. RECEIVED DATE July 10, 2020 JUL 1 0 210 MP SECTION DCM - MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 0 NORTH CAROLINA F.'rnironmenm7 Oral ip• July 9, 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.wevchertcDNCDENR.gov SUBJECT: CAMA/D&F Applicant: Ralph Graham ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofCoasial Monagemenl Project Location: 2606 E. Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: The applicant is proposing to construct 17linear feet of vinyl bulkhead, filling approximately 213.93 sq. R. of 4041401 wetlands. 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 August 3, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 AGENCYr NC DMF - Shellfish Sanitation & Recreational Water Quality SIGNATURE L. gA,?lrtu_ 6�lrn�_ for Shannon Jenkins 67 DATE 07/14/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 919 796 7215 NORTH CAROLINA iinr;ronnanlal Qenilip' July 9, 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(cDNCDEN R.gov SUBJECT: CAMA/D&F ROY COOPER Governor MICHAEL S. REGAN .5'ecrelary BRAXTON DAVIS Director, Divid. ofCovsla/ Manogemenl Applicant: Ralph Graham Project Location: 2606 E. Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: The applicant is proposing to construct 17linear feet of vinyl bulkhead, filling approximately 213.93 sq. ft. of 4041401 wetlands. 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 August 3, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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" 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 Kimberlee Harding AGENCY NCDMF SIGNATURE DATE 07/31/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dme Ext, Wilmington, NC 28405 919 796 7215 RECEIVED JUL 3 0 2020 MP SECTION DCM - MHD CITY TO: FROM: SUBJECT: DATE: RECEIVED ROY COOPER Governor JUL 3 0.2020 MICHAEL S. REGAN Secretary MP SECTION STEPHEN W. MURPHEY DCM - MHD CITY Director u u0::►1 u Curt Weychert, Assistant Major Permits Coordinator Kimberlee Harding, NCDMF Fisheries Resource Specialist Ralph Graham, new bulkhead, Oak Island, Brunswick County July 31, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that impact fish and fish habitats. The proposed project is 2606 E. Yacht Drive, adjacent to the AIW W, in Oak Island, Brunswick County. The applicant is proposing to construct 17 linear feet of bulkhead filing approximately 213.93 sq. ft. of §404/401 wetlands. The waters of the AIW W in the project location are classified SA by the Division of Water Quality and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the spring 2020 site visits, there appears to be NO Submerged Aquatic Vegetation (SAV) on site. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Shallow soft bottom is an important foraging habitat for juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is particularly productive and, by providing refuge from predators, is an important nursery area. Species dependent on shallow soft bottom include clams, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays. Many benthic predators are highly associated with the shallow soft bottom habitat, including flounders, weakfish, red drum, sturgeon and coastal sharks, although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom. Coastal wetlands are considered among the most productive ecosystems in the world. 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'plovide nursery functions and support fish production The project does not require any dredging or filling of PNA, and based on United States Army Corps of Engineers', 04/16/2020, determination, the applicant would not be required to purchase 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 mitigation credits for filling such a low quality stormwater runoff feature. DMF does not anticipate any impacts to PNAs, coastal wetlands or water quality. Thank you for consideration of our comments. Please contact Kimberlee Harding at Kimberlee.harding_&ncdenr.eov with any further questions or concerns. RECEIVED JUL s o MI) MP SECTION DCM - MHD CITY State of North Carolina I Division of Marine Fisheries 3441 Arendell Street 1 P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS e •20•Dq.fa.al July 9, 2020 MEMORAHDUIbI 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.we chertNCDENR. ov SUBJECT: CAMA /Dredge 8 Fill Applicant: Safe Harbor (SMH SHV, LLC) Project Location: 4909 Fish Factory Rd., adjacent to the AIWVK in Southport Brunswick County Proposed Project: The applicant is requesting a new major permit for the marina and spoil sit only in order to increase the permitted dredging depths from -6ft. at NLW to -8 R. at NLW (NAVD86) and to expand the existing dredge footprint for future hydraulic dredging maintenance events. 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 August 3, 2020. 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 are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mc.t,� ti I • C7 n n AGENCY N oiQP C SIGNATURE DATE � —31.-7-07A State of North Carolina I Environ ncreW Quality I Coastal blen tgene t 121 Cerdme1 Dive Ext., Wilmington, NC 28405 9197967215 RECEIVED JUL 8 1 2020 MP SECTION DCM - MHD CITY ROY COOPER Umre'nur MICHAEL S. REGAN Seovhny BRAXTON DAVIS .F.AmKe,nenl July 9, 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(o)NCDEN R.aov SUBJECT: CAMA /D&F Applicant: Ralph Graham Project Location: 2606 E. Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: The applicant is proposing to construct 17linear feet of vinyl bulkhead, filling approximately 213.93 sq. ft. of 4041401 wetlands. 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 Ayt_3, 2020: If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED SIGNATURE at 41 5 AUG 0 2010 MP SECTION 00TE DCM - MHD CITY Sure of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 I1/_ u t To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Ralph Graham, Oak Island, Brunswick County Date: August 11, 2020 Consistency Determination: This project is consistent with the Oak Island Land Use Plan Update. The applicant proposes to construct 17 linear feet of bulkhead filling approximately 213.93 sq. ft. of 404 wetlands. The project is located at 2606 E. Yacht Drive, Oak Island, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, and ES. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Oak Island Land Use Plan and offer the following comments. The general area of the project is classified Single -Family Residential. In general, the Town of Oak Island allows development in Single-family residential classified AECs which is consistent with the State's minimum use standards. The Town of Oak Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Oak Island Land Use Plan. Cc: File RECEIVED AUG 1 1.2020 MP SECTION. DCM - MHD CITY ROY COOPER im e,nor MICHAEL S. REGAN BRAXTON DAVIS ..::intlh t'p t'll July 9, 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.wevchert(cDNCDEN R.gov SUBJECT: CAMA/D&F Applicant: Ralph Graham Project Location: 2606 E Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: The applicant is proposing to construct 17 linear feet of vinyl bulkhead, filling approximately 213.93 sq. ft. of 4041401 wetlands. 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 August 3, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME I...I l T W T x l r, L�t e `>D1 I (.xa "'I Alt o kd AGENCY SIGNATURE/1 ,Y22JYU& &I RECEIVED PATE - AUG:_'05,2020 MP SECTION Stale ofNonh Carolina I Environmental Quality l Coastal Management DCM - MHD CITY 127 Cardinal Drive Ent., Wilmington, NC 28405 919 796 7215 ROY COOPER r R m..gve MICHAEL S. REGAN 1'rnrlon BRAXTON DAVIS jLntv�m, Pn:a,.n ql t'vu+:ud Al<v.......�nl July 9, 2020 MEMORANDUM: FROM: Curt Wleychert, 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 wevchertiaDNCDENR.eov SUBJECT: CAMA/D&F Applicant: Ralph Graham Project Location: 2606 E Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick County 1 Proposed Project: The applicant is proposing to construct 17linear feet of vinyl bulkhead, filling approximately 213.93 sq. ft. of 4041401 wetlands. 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 August 3, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 are incorporated. See attached. _ This agency objects to the project for reasons described in the attached comments. PRINT NAME ,►{ P �/ ( i e I t i AGENCY NC �- d Sj 66 M ni ovu RECEIVED SIGNATURE � AUG;''4 7/2 j 2 0 DATE MP SECTION DCM - MHD CITY StateorNorth Carolina I Envimnmental QualityIC^ 21Mana9ement 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 DocuSign Envelope ID: A58B37F2-A786-4234-8AOB-27504FE6313F "ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Enyho enwl QuaUty August 28, 2020 DWR # 2020-0910 Brunswick County Ralph Graham 242 Mallard Way Mooresville, NC 28117 Subject: No Written Approval Required 2606 E. Yacht Drive — Oak Island, NC 28465 Dear Mr. Graham: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on July 10, 2020. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at hftp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): RECEIVED AN282M MP SECTION D_EQ� North Carolina Department ofEnvlronmentalQualityIDivisionofWaterResom//yykEYM- MHDCrrY Wilmington Regional Office 1 127 Cardinal Drive Extension I Wihnington. North Carolina 28405 °"""•°""�010�� 910.796.7215 DocuSign Envelope ID: A58837F2-A786-4234AADB-27804FE6313F Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must'also be served to DEC: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Robb Mairs at *10-796-7215 or robb.mairsOncdenr.gov if you have any questions or concerns. Sincerely, CDocuSlyneC by: l � 61 E3AEA74AC7DC434... Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 ,l cc: Curt Weychert, dCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Mark Albert, Crystal Coast Marine, EC DWR 401 & Buffer Permitting Branch file-LF WiRO J^' RECEIVED AUG Q 8,1020 \ MP SECTION OCM - MHD CITY R STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY \ DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4175 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER 198000291(NC COASTAL AREA MANAGEMENT ACT), • REGIONAL GENERAL PERMIT NUMBER 201801536 (MARSH SILLS) • NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), • NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND • WHEN APPLIED TO;CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048,198706056,197800080,197800125 AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3, 22,13,14,18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4175 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080,197800125, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Effective date: February 1, 2019 Signed this day: February 1, 2019 a RECEIVED for Linda Culpepper, Director AUG 2 8, 2020 MP SECTION DCM - MHD CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01133 County: Brunswick County U.S.G.S. Quad: Lockwoods Folly GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Ralph Graham 242 Mallard Way Mooresville, NC 28117 Nearest Town Town of Oak Island Intracoastal Waterwav River Basin Cape Fear 03030005 Coordinates Latitude:33.924497 Longitude:-78.133371 Location description: The site is located adjacent to the AI W W at 2606 E. Yacht Drive, Oak Island, Brunswick County, North Carolina. Description of project area and activity: The proposal is to finish construction of 17 linear feet of an existing vinyl bulkhead. This activity would fill 214 square feet of freshwater wetland. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: Nationwide Permit 3 SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and drawings dated May 24, 2020 and June 23, 2020 respectively. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. Please Note: This permit authorization satisfies only the US Army Corps of Engineers requirements. A permit may still be required from the North Carolina Division of Coastal Management or other State and local entities. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or,revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or at Gregory.E.CurrevCausace.armv.mil. CURREY.GREGOR Digitally signed by CURREY.GREGORY.EUGENE.1 Y.EUGENE.10510 05101,950 Date: 2020.09.1 110:13:34 Corps Regulatory Official: 11950 04-00 Date: September 11, 2020 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed by CURREY•GREGORY•E CURREY.GREGORY.EUGENE.1051011 UGENE.1051011950 95 DatCorps Regulatory Official: e: 2020.09.11 10:14:47 -04'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/f?v=136:4:0. Copies furnished by email: Mark Albert (Crystal Coast Marine) Ben Brink (NC DCM) Curt Weychert (NC DCM) Tanya Pietila (NC DCM) Robb Mairs (NC DWR) Action ID Number: SAW-2020-01133 County: Brunswick County Permittee: Ralph Graham Project Name: 2606 East Yacht Drive in Oak Island Date Verification Issued: September 11, 2020 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ROY COOPER (:ovemor wJl MICHAEL S. REGAN Secrelary BRAXTON DAVIS Direclnq IFvisirm of('naslol Management July 9, 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(rDNCDEN R. gov SUBJECT CAMA/D&F Applicant: Ralph Graham Project Location: 2606 E. Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: The applicant is proposing to construct 17linear feet of vinyl bulkhead, filling approximately 213.93 sq. ft. of 4041401 wetlands. 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 August 3, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE RECEIVED JUL 10 2020 Smte of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 9197%7215 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Ralph Graham PROJECT NAME: Graham Private Bulkhead 2. LOCATION OF PROJECT SITE: The project site is located at 2606 E. Yacht Drive, Oak Island, North Carolina. Coordinates: Latitude N 33055'27.09" Longitude W 78007'59.50" 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3-6-2020, 4-13-2020 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 5-11-2020 Application Complete — 6-30-2020 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Oak Island Land Classification From LUP — Single -Family Residential (B) AEC(s) Involved: ES, CW (C) Water Dependent: Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Runoff Planned - N/A (F) Type of Structures: Existing - Access pier and partially complete bulkhead Planned - Complete bulkhead construction (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A 140 sq. ft. N/A (B) Vegetated Wetlands N/A 213.93 sq. ft. N/A (C) Open Water N/A N/A 0 ftZ (D) Total Area Disturbed: 353.93 sq. ft. (.008 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct 17 linear feet of bulkhead filling approximately 213.93 sq. ft. of §404/401 wetlands. RECEIVED JUL 10 2020 DCM-MHD CITY Graham Private Bulkhead July 8, 2020 Pace 2 9. PROJECT DESCRIPTION The proposed project is located at 2606 E. Yacht Drive, Oak Island, Brunswick County The property can be reached from Wilmington by traveling south on NC HWY 17 towards South Carolina. Continue 20 miles on NC HWY 17. Take a left onto NC HWY 17 BUS and travel for 1.7 miles. Take a left onto NC 906 and travel 10.5 miles and cross the Swain's Cut Bridge onto Oak Island. Take the next left after the bridge onto E. Oak Island Drive. Travel for 1.6 miles and turn left into the property at 2606 E. Yacht Drive. The proposed project site sits adjacent to the AIW W and consists of a wooded lot with residential structures on either side. Existing structures on the .14-acre parcel include a T-head fixed dock and approximately 39 linear feet of unfinished vinyl bulkhead (GP-75801). The existing bulkhead ties into the adjacent bulkhead at 2604 E. Yacht Drive and extends east to the edge of a stormwater runoff feature. High ground is elevated approximately 4 feet above normal high water (NHW) and vegetation primarily consists of mature Loblolly pine (Pinus taeda) and Yellow Poplar (Liriodendron tulipifera) with a scrub/shrub understory. A low-lying stormwater runoff feature drains from south to north along the eastern side of the property and contains §404/401 wetlands (Delineated by Robb Mairs and Johanna Steenhuis on behalf of USACE on 4/14/20). Vegetation is sparse within the stormwater feature likely due to significant amounts of storm debris present. Vegetation within the limits include Salt Marsh Elder (Baccharis halimifolia), Green Briar (Smilax rotundifolia), Giant Cane (Arundinaria gigantean), and Muscadine grape (!ribs rotundifolia). The existing bulkhead section was built landward of the upper limits of coastal wetlands however Smooth Cordgrass (Sparina alternaflora) is present within 5 feet of the bulkhead and extends approximately 52' waterward. The total length of shoreline for this property is approximately 60 linear feet. The waters of the AIW W in the project location are classified SA by the Division of Water Quality and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the spring 2020 site visits, there appears to be NO Submerged Aquatic Vegetation (SAV) on site. PROPOSED PROJECT The applicant proposes to construct 17 linear feet of bulkhead filling approximately 213.93 sq. ft. of §404/401 wetlands. The existing 39.10-foot vinyl bulkhead was stopped short of completion due to a stormwater runoff feature that runs perpendicular to the proposed location of the bulkhead. Due to the north/south orientation of the stormwater runoff feature, filling of §404/401 wetlands would be necessary to keep the bulkhead aligned with the adjacent property owner's bulkhead (See Sheet 3 of 3). A total of 10 linear ft. of vinyl sheeting would be driven into the stormwater runoff area, filling approximately 213.93 sq. ft. of §404/401 wetlands. An additional 7 linear ft. of high -ground bulkhead is proposed to tie into the previously built section of bulkhead to the west and to tie into the adjacent bulkhead to the east. This portion of the bulkhead would have no impact on Coastal or §404/401 wetlands and would account for 140 sq. ft. of high ground disturbance. According to the application, construction equipment for the proposed bulkhead would be loca hi gb ground and removed from the site on a daily basis. Construction techniques include water ! ttir h i ad men, and vinyl sheets. Clean upland fill material would be stored on site and contained using silt fencing. A backhoe would be used to place backfill material landward of the bulkhead to cover the tie rods,Wi 4eai , DCM-MHD CITY Graham Private Bulkhead March 13, 2020 Page 3 10. ANTICIPATED IMPACTS The proposed section of bulkhead would fill approximately 213.93 sq. ft. of §404/401 wetlands and 140 sq. ft. of high ground area. Based on USACE's determination, the applicant would not be required to purchase mitigation credits for filling such a low quality stormwater runoff feature (See Gary Beecher - USACE email correspondence dated 4/16/2020). No impacts to Coastal Wetlands or water quality are anticipated. Submitted by: Brendan Brock Date: July 8, 2020 Office: Wilmington RECEIVED JUL 10 2020 GCM-MHD CITY DCM MP-1 APPLICATION for Major Development Permit (last revised 12'27,06) North Carolina DIVISION OF COASTAL MANAGEMENT I. PrimaryApplicant/ Landowner informadon Business Name Applicant 1: 'rst NynMI - Project Name (if applicable) —� ma Last Na- r — Applicant 2: First Na a MI Last Name It additional applicants, please a0ach an additional page(s) with names listed. Mailing Address y2 % Y JqV PO Box city AorW04 State .0 ZIP 2 Country U Phone No. - a - o�62-ext' FAX No. I - - Street Address (d ci terent tram above) city state ZIP Email Q V' ca. OL J'L,1 ok AAm? L a C O Ai NI x 2. AgwWContrwilor Information Business Nam Lcc GJ+ Agent/ Contractor 1:rst Name MI Last Njaammel Agent/ Contractor 2: First Name MI Last Name Mailin Address AY S03 of-W&Pn.� PO Box O ly OAk T�L�►nG State . ZIP �� Phone No. 1 Phone No. 2 Aa -X a413 Mt. - -aor - 9V.Zmd. Contractor B FAX No. Street Address(d different from above) City state ZIP Snail 1 q �+ 1� fl�1'r M P;-7 997 0 C � REG <Form continues on baclo RECEIVED JUN Q1 IpLo 252.808.2808 :: 1-888-4RCOAST :: www.ncc�talts DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) r�rt�Su "'C. Street Address O C- V 4 0 State Rtl- G It CLC r. Subdivision Name City State Zip k _ ,( �►o C_ " Phone No. Lot No.(s) (It many, attach additional page with Gat) a -Aso - P83 ext. L a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project N c. Is the water body i ntified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural anmatle ❑Unknown r► i C n e. Is proposed within city limits or planning jurisdiction? f. It applicable, list the planning jurisdiction or city limit the proposed ❑No work falls within. OAK LAnp O C ;Wcs 4. Site Descriptiony a. Total length f shorelin�on the tractb. r?e ,S)) Size of entire tract (sq.ft.) 661, 17 9P F� C. Size of individual lot(s) Qb Y J C ets d. Approximate elevation of tract above NHW (normal high water) a NWL (normal water level) (It many lot sizes; please attach additional page with a list) ❑NHW or ❑NW L e. Vegetation on tract O'PPrtor . lees fines (fh)'ob.S t. Man-m(ma`.de f]]e��at{{uress and uses now on tract ++ g. Identify and describe the existing land uses adjacent to the proposed project site. e5 i9e rI+ t L h-CUSes I h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? 1 (Attach oning compliance certificate, if applicable) []No @51 Den ! %QC LT as []NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yoe AaN k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Oyes NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED '9014 `1�' 252-808-2808 .. 1-888.4RCOAST .. ww w.ncct 31 V: Q �rt�T��at c DCM-MHD CITY Form DCM MP-t (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? es ❑No (i) Are there coastal wetlands on the site? []Yes ❑No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? BY€s []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. OR L (✓14 io o. Descdbe ting drinking water supply source. Gvi sV- a p. Describe existing storm water management or treatment systems. z3Lmn 5. Actfvftfes and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment m@sivale/Community b. Give a brief description of purpose, use, and daily operations of the roject wher�cornplete. 7 parpGSe oT The Bulk4'� Tel SA:QLW(zQ- lie_ mar ANO A1Ib c. Describe the proposed construction methodolo9Y types of construction equipment tobeused during construction, thInumber of each type Of a en and where it W to be stored! ( f �� L_ y� 4�cr VungDs �.l• fl u>�e lb Drdue p Les np -7(�¢c Cen er) al �� . n d. List all development activi you propose. -ro c }e ii,n� ( aF 5U o e. Are the Pam) ed activities maintenance of an existing project, new work, or both? l�eW f. What is the approximate total disturbed land area resulting from the proposed project? .Ft or ❑Acres a13 . g. Will the proposed project encroach on any puBlic easement, public aocessway or other area []Yes EpW ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. /)0/le- i. Will wastewater or stormwater be discharged into a wetland? ❑Yes 42fio ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yea [:]No []NA j. Is there any mitigation proposed? ❑Yes @aMT-❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED Jo 6 L41rLu 252.308.2808 .. 1.888.4RC0A3T .. www.nccoas DCM-MHD CITY "LMiNGTON, NC Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6, Additional Information In addition to this completed application form, (MP-1) the following items below, it applicable, must be submitted in order for the apptka6un package to be complete. Items (a) — (n are always applicable to any ma/or development application. Please consult the application (IQQ(�g(ipn how to d Foare the required items below. i 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 complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish proposed project. Is any portion already between work completed and proposed. c. A site or location map that is sufficiently detailed to guile 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 tide to the affected properties. e- The appropriate application fee. Check a money order made payable to DENA. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such the application and plats by certified mail. Such landowners must be advised that they have 30 days in owners have received a copy of which to submit comments on the proposed project to the Division of Coastal Management. Phone No. Name Address Name Phone No. Address Name Phone No. . Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dates. L Per M.'� S 80 ucv err 2 6 O To a wh ra.ha.m nor an 2cGW h. Signed consultant or agent authorization forth, it applicable. I. Wetland defineation, it necessary. I. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance wiM the N.C. Environmental Policy Act (N.0.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. I understand that any permit issued in response to this application will allow only the development described in the application. 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 slate 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 !Pe informaon provided in this application ' ful RECEIVED to the bes f inowle//dge.��\��, Date �' sZDa: Print Name Signature ✓'/ Please indicate application attachments pertaining to your proposed project. JUL 10 2020 ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts ' ,;M-MHD CITM Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Channel Channel -Other Boat Ramp Rock Groin Rock (excluding Breakwater shoreline Length stabilizationWidthAvg. fte Existing-- DepthNA NA Final project DepthNA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in b. cubic yards- O c. () Does the area to be excavated include coastal wetlands/marsh d. (CM. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑3CCW _ ❑SAV ❑SB pwL 2&P..1❑None (fi) Describe the purpose of the excavation in these areas: Fill l -*Jill be HDpep El This section not.applicab/e material to be excavated. a 0 hF High -ground excavation in cubic yards. Y o lae- 2. DISPOSAL OF EXCAVATED MATERIAL [I This section not appikable a Location of disposal area 6. Dunenslons of disposal area. MhP non0 c. (I) Do you claim title to disposal area? d. (I) Willa disposal be available for future maintenance? Dyes []No 2t < ❑Yes M❑NA (if) It no, attach a letter granting permission from the owner. 00 If yes, where? e. (1) Does the disposal area include any coastal wetlands/marsh (CND, submerged aquatic vegetation (SAV), shell bottom Ise), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑ ❑SAV ❑SB WL 2"-J ❑None — III) Describe the purpose of disposal in these areas: Q*_ 4L zJ 11 bQ ►rid otsPoS 1I f. (i) Does the dis clude any area in the water! ❑Yes Wo ❑NA (III If yes, how much water area is affected? RECEIVED JUL 10 2020 IDGMw�r.M�N��°N' 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net D^M-MND CITY revised: 12/26i06 Form 6CM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION (if development is a wood groin, use MP-4 - Structures) a. Type,0 shoreline stabilization: ulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL Vew e. Type of stabilization material: l g. Number of square feet of fill to be placeQbelow water level. Bulkhead backrifl C) Riprap �j Breakwater/Sill 0 Other i. Source of fill material. R11 1J►'ll Comp, From G0+ CIe&rwn5 [I This section not applicable Width: R d. Maximum distance waterward of NHW or NWL: () Has there been shoreline erosion during preceding 12 months? ❑Yes QNo ❑NA (if) If yes, state amount of erosion and source of erosion amount information. In. Type of fill materiel. D; r"t 4. OTHER FILL ACTIVITIES ❑T his section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the she? ZY6 ❑No ❑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 .;. `jrj aq (iv) Purpose of fill T COVQr OP1104441N Ar)p ASI Ortni 'Arrm up *1 19 Mb@ . 5 GENERAL How will excavated or till material be kept on site and erosion controlled? i;'// If lbe- 0royi5ht en IF% V141 L _iiC .,& YTD SrO h_ (i) Will naviggatipml aids be required as a result of the project? ❑Yes Me []NA (ii) It yes, explain what type and how they will be implemented. cS-2y Date oA rcz t a l ,o Project Nam submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑/cw� ��� p� ISAV ❑SB f IrNL .yls•,..p ❑None (ii) Describe the purpose of the fill in these areas: le fntRr DQa.DJ+n s►nt b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? &_k hoe. For Tec. reJ10L%SL 1% ry too -Cie 611. d. (i) Will wetlands be cr ed in transporting equipment to project site. Yes o (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED 252-808.2808:: 1.68"RCOAST:: YVl4W.nccoastalmanarlement.net revised: 12126)06 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Oirmfor SENT VIA EMAIL Crystal Coast Marine c/o Mr. Mark Alberts PO Box 803 Oak Island, NC 28465 SENT VIA EMAIL NORTH CAROLINA Envtro tal Quality July 8, 2020 RE: CAMA Major Development Permit Application — Graham Private Bulkhead Dear Mr. Alberts: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Mr. Ralph Graham, for State approval for the construction of a 17-foot portion of a bulkhead and the filling of §404/401 wetlands, located at 2606 E. Yacht Drive (Lot 2 Block 143 Section 9), Oak Island, Brunswick County, NC. It was received complete on June 30, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 13, 2020. An additional 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 letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from June 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 Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be 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. Sin, BI an Btock • (� ---- Field Representative cc: Curt Weychert, MHC Courtney Milliron, LPO W IRO DCM USACE Robb Mairs, DWR Ralph Graham, Applicant E 3 RECEIVED _ JUL 10 2020 North Carolina Department of Eovironmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Ectenslon I Wilmington North Carolina 28405 DCM—MHD CITY 910.796.7215 N0T1(04'$1j? CAMA PERMIT APPLIE F R& PROJECT: - Applicant r_ _ . r 9 roposes to construct 17 li n— ear I :OMMENTS ACCEPTED THROUGH August 3, ZDz�O LICANT: O ■lph Graham c m L2 Mallard Way �r nrn �Z �oresv� , 0 N ment: Crystal Coast Ma�}t®o C/o Mark Albert (910) 200-1243 ro L FOR MORE DETAILS CONTAh-� CT THE LOCAL PERMIT OFFICE= 6::9 BELOW: 0 NORTH CAROI'.NF. July 9, 2020 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County: • Safe Harbor (SMH SHV, LLC) • Ralph Graham • Dean Stroupe Hello Angie: Please publish the attached Notice in the Monday, July 13, 2020 issue. ROY COOPER Gorenmr MICHAEL S. REGAN Secremn• BRAXTON DAVIS Utrenar. Unvsmn rj(Txina/ Mwwgemrm 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 Jarimy 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. l� 'ietila Support & Customer Assistance cc: MHC — Curt Weychert WIRO File USACE RECEIVED State of North Carolina I Environmental Quality I Coa9al Management JUL 10 2020 127 Cardinal Drive Ext., Wilmington, NC 28405 919 7967215 DCM-MHD CITY 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 fora development permit in an Area of Environmental Concern as designated under the CAMA: On June 30, 2020, Ralph Graham proposed to construct a vinyl bulkhead with associated wetland fill at 2606 E. Yacht Dr., adjacent to the AIWW, in Oak Island, Brunswick County; On July 2, 2020, Dean Stroupe proposed to install one (I) boat iif to an existing pier at 720 Waterway Dr., adjacent to the AIWW, in Sunset Beach, Brunswick County; and on June 24, 2020, Safe Harbor (SMH SHV, LLC) proposed to increase spoil site for current permitted dredge events and maintenance dredging in the future at South Harbor Village Marina, 4909 Fish Factory Rd, adjacent to the AIWW, in Southport, Brunswick County. A copy of the application can be examined or copied at the office of Brendan Brock (Graham & Stroupe) or Tara MacPherson (Safe Harbor), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, 910-796-7270, Brendan or 910-796-7266; Tara 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 August 3, 2020 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. RECEIVED JUL 10 2020 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized goy-a�i - 7�83 to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: �n t t�(e j TAC _LQ'S +- / S o fi A a pk, at my property located at _ in r rl N C County. I furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer, and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. rnnt or l ype Name Title Sl'1 oa-0 Date This certification is valid through LZ c3 0 /,z7�C) RECEIVED JUL 10 2020 DCM-MHD CITY Jun 1920,07:42a p2 I hereby certify that I own property adjacent to —V ({� % property located at Ij ��Q �h(��^e on (Address. t, Btoc Road, (Waterbody) 's N.C. TheRloplicant has described to me, as shown below, the development proposed at the above —ate I have no abjection to this proposal. 1 have objections to this proposal. DESCRIPTION ANDIOR DRAWING OF PROPOSED DEVELOPMENT (MCUvidual proposing development must h7l in description below waffa * a site drawing) �v1k WAIVER SEC710M , r-1 I understand that a pier, dock, mooring piIiin9s bblo ramp, breakwa r, boa use, lift, or groin must be set back a minimum distance of 15' horn my arm of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) - _ I do wish to waive the 15' sefback requirement. wish to waive the 15' setback requirement. 17 -,i6V - i62 — 0862 Terepigne rUumber/ema7 address Dwe --/2 — `Valid for one calendar year after sipnature- (Adjacent Information] t (rrevisarr RECEIVED Aug. 2014) JUN ') s c&'b JUL 10 2020 QGMWILMIN�Tej DCM-MHO CITY Jun 19 20,07:42a p.3 I hereby certify that I own property adjacent to K. LZ �ph A k:YW�Q/-I y ! arse wn of Property Oer) property located at �ba a E. �C (Address, Lot, Block, Road, etc.) , f on in ('1R� 2I�t O !" C • N.C. (Waterbody) (Cityrrown andlor County) The applicant has described to me, as shown below, the development proposed at the above location. �Itrt�oL 3 �I 12, 1 have no objection to this proposal. I have objections to this proposal. OESCRIPTION ANDIGR DRAWING OF PROPOSED DEVELOPMEW (lndhIdual proposing development must roll in description below or attach a site WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15 setback requirement. R —1 do not wish to waive the 15 setback requirement. Dare '- - 662 - QI-6-2 geo no Number/email address 'Valid for ono calendar year after signature' (Adjacent Property Owner Information) (Revised Aug. 2014) RECEIVED IUL 10 2020 CITY DOMI WILMINGTON, NC M I. YAULW W.OGµCYp. Pl.S. QRfrITO DILpiHCfdlbAtM6: M�N Gw. S/�/�M/�/.-J�N NQRXfMAIIN rAflgWRC0.MY ��a TMi Th[wRv[Yt;RATp ), SLpgN]gN d'LAVO WLMIN TIQNVA ♦j. )M'`['N1/�/A/ .(COU I'A0MUNIOPµT'TMTIW µq[gµQTMT I,Mg1WA W. RIAIF N, f.LA. ¢CIIM1NAi'X5 MT v` rILUNTGS rllmS or IF LA4NI UNDBI MY]LRIMm IRGW µ KTvk SURV[Y P-111) Ai NA@ UND[R MYSUr[RVClDx A�qp Deg oN RCCCRDPD IN wy Tne wRHY q of m5w PARff.L or UNU. 4 DQD GDOR�2]pAT rAf.[y(Iq'J ,NdUMLMHQ(p IIeDL9RIfM0[[D]WnLD; iXATMCOUNUAWCS NDi wRLTY[U ��`o iMT ThC wRKYgOf µOfn[R GTCDORV, 91N]I AS 'LW �.L,L � N[CILARLY INDIGT[DA4 oKNNN FApV, IIROHAM1 Cx.WNO RLOM]INATNx IHfi rMRL•. AQM1Rf oROR[D IX W' IN EOOS AT rIG[ ; iXAT inC VAiIO pP ../� ]LIMEY, RD1X[R oN TD IX[MlxmIXlgw[olvgUx. • /�/ WT Thq MT N ufTWD Ni[p��CWrVIfA'u I:ID,pIU., W TNT WAS RFIM[p IH KCp;pµCP WTI Gi. 47.]O A9 MI[NpCP. f551s, i WRNCS t)IJDI U hR µO 9rALi WY Ip� j (;ova`', INTRACOASTALWATERWAY DTN•GR[t 1 G P ib p W W. DC >SL S2�S�z O T3 As rIAG S/1/2020, A.i.W.W. R/W LINE rz lz U /D= nl Lor4 5ET5ACKS: rRONT:25' ANQLID/'2i5G.Ufi3 SIDE:& BOOK 5 PAGE 107 BOOT 3G52 PAGE 226 L[T REAR:20' C.P. ON A.I.W.W. UNE C.P. A.I .W.W. UNE AT 0+99.9C I r m I --7 � 1 GGI D.1790 R0 . 1 rA 1. ID 235 GADIG - 1 0.14 AN 1 � $ PLAT BOOK 5 PAGE I07 tnr _ DEED BOOK 855 PAGE 249 T 1 3 3 88 1? S ll w ^ E. YACHT DR VIONBY MAP - NOT TO 5CAU: Surveyed find Mapped By Tide Water Land 5urveying P.D. Sort 11506 802 North Ho We Street 5outhport. North Camim 284G 1 Phone: 910-457-9580 NDD> I. Nr 6[LRn[ MONUM[M WA1 UJGRDYTn. $PTY 3A ]LR2Y DAi[: NIiLLSr I ]. $DI] RnurwrzD wRvn oTe WTrn wenwme� ]. nvtlnf l•-m. .W. WW LINE •. RLL.T o=01TL«G,ND. e. m IANo ]Ilowx ox me rur e N A rtooD \ wwRD AnrA AE II•raQLRoxcrorwA \j\ M.vmzozoccooR ). GP. - Ql.Mm PqN). p. CIP - NQI 3rHe g f. E" - fffaffMlfllfrLCrr 11. ELF:. �nNSpp]N TP I I. GVl.. P6TNG ROx Rx01 M1rt. It. eC.M. -emTre pplgglp RgNUMprt Is.ewL-aenNa xAA. II. AI.W.W.-AIWIfIe NnMLOfyrµ W/.TpW;AY I I!. MM- le�lT d' WAY u 3 PARCEL 100 MSGA044 3 /0 1 0 MT BOOK 5 PAGE 107 D89J 8001 935 PAGE 109 = e L —e5 svEf o, - J .F vI 8j >• (V O 4 8 ( to ros9me�� ERB "' A ATo+ao.oa I SBJB - D1eTOBwATaErAcmm DRAulD Ne 2GM sn____-----T-.- \\ Naeaco,W - BtS TBaT'W TBe�T}m / 60A7 ¢ ~uPeD 5834S9TE E`8... � 1 fir:+ -lam-� 4�`:�k�yi.'-•Ca4�'v5'\��Yy Y?SY•:>:%1 E. YAC j L..�. �[• 'P r\. vmq '0 .roPpJYn SUD1CCTTDAM'AW ML t n N xn,RwlnorwnY. covtxAare. Rf]TIUCTW. I•�20 f � 3 0 INIfbNs or RCORD AMPLTxD]4o rRACp JUN I ^7 TAILSLVOIWA]xDTPDtlPOA(JDxTn[PMV218 D YO 10 CO C .Tnn MTls xor,R wNAAT¢orTm[ 2GOG E. YACHT DR. LOT 2 BLOCK 143 5ECrION 0 TRANQUIL HARBOUR PLAT BOOK 5 PAGE 107 DEED BOOK 4250 PAGE 1007 PARCEL ID N235GA045 GO 10. 17 5Q.PT. O. 14 ACRES 5ulwyt end Mapped for: RALPH GRAHAM TOWN or Oak Sland 5mlt1Nile Township 5runawck County 5tete of North Carohna !?CM WILMINGTON, NC a�M .wvww. a,rwSr Syr.,>.¢mn.oa.owe wc..... ...� warn LY]Iw S..eWgYMP IMWCOA5TK WARRWAY�, M m'w'wror.:m+o ✓a.�'�.»,'ww .v '•ram r ,""irmr.'�'„i�mwov_a�_in• uF[. m,w •a :veowms,rKr�¢.vwu. � � d�mo�naT��nvnwv Mvnri.cvo � N 0.0 MRtv�n ,o is wpWN anNF � v w. rrReJIC2u[: RJiJLOMvr0. J.,oNJ.. $iC vloen.mr•.rnrosrAu ar.-na s.wre ..e �4re.M v • 0 (lob Tide Water INTRACOASTAL WATERWAY "`� land Surveying I P.O. Ba ISCG mz RMIr now. sveN I 9ppyvt, M01111 faalSa aES61 :a� ! _ rnaM: slo.asTesm A.I.W.W. RW LINE " I - I wa ,w»nw>areoo ,r \J\ r >ouw�rntc ; A.I.W.W. RIW LINE ' 1 /n// I I � tau �c�rcwm.caru. ICP emm e..l d; r Ld N PAxarro zascA�na �ras5 '� slater i �� .w.v'�I ..,w-w�. IX,.,,. ,wwue,vr,. MTp'JOtS Pat rp/ RCNR.Ai E' I ' S i.u. w. .0 xner.0ea CQD pRR 8L52 P/f2 ZZL LOT 2 BLOLI. 143 A BOOR 9 rues ronxxw I �r GG 3 PLAT TRANQUIL HARBOUR r O D B BOOK B PIG[ I07 I { I DEED BOOK #23 PAGE 0991 oem eaaLsm rue lm' �___ .s r'mwr'ser'e. J .um ro arteaue N j PARCEL ID /235GA045 RAT O[CASPIGLrpa W mis,1S,OPoM x� 1 IX[04']Ot0]5 PA2 aK Z 6022.335Q.FT 0.14 ACRES _ Y . = E. YACHT D s _ RALPH GRAHAM wP T e,rrF. � L rowu eP o..lwro .>wSSc,�ownwow yp I � SnNmae TvmYy �P6O�wROnGYARMa i�,lIILOWO'.af�-�n,r,P`.e M.m] 0 N i (Y I 1 .. d'unsarck manly RECEIVED JUL 10 2020 DCM-MHD CITY CAMA/' DREDtt&FILL Awt� No. O �g801 ENERAL PERMIT '`SIII A B C li 1'{ �/,.l'l revlous permit # New Olodift't qut ete Reissue ❑Partial Reissue �./ W Gl/ Date previous permit Iswtsd As authorized by the State o IA CC 0 epartment of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant toISA NCAC (J—H 4.11QQ 'f O-M, I Zoo � P� � � a h ti ❑ awdrd. Applicant Name_ 0. Project Location: County Address µ a\\ a o- _ Street Address/ State Road/ Lot #(s) 21pO D City Inoo'lecSV,tie State_I-ZIP 2 f1174 1f Vr_.._. 4 Phone # OA WI OAtv2 E-Mail _ Authorized Agent Mar (L p i 6Lr Affected ❑GW WW KFTA 96ES ClPTS AEC(s): ❑ OEA ❑ HHF ❑ IN ❑ URA ❑ WA ❑ PWs: /�� ORW: yes � PNA (. V-Z no Type of Project/ Activity Pier(dock)langth t ) Fixed Platforms) Y, Floating Platforms) _ Groin length nu br ulkhGad/�tlpnp length - avg distance offsho Bash, channel cubic I Boat ramp Boathouse/ Beach Otter Shoreline Length SAV: not sure yes Moratorium, n/a yes Photos: yes _ Waiver Attached yes A building permit may be required by: ( Note Local Planning jurisdictloQ Notes/ Special Conditions t tJ Agent or Applicant Printq'd Nacre jUlO 20 Sign n, Please read compliance statement on backof Application Fee(s) C # �OUs'�acs+ Phone # (_) River Basin,,i��_11_Kw--i(- Adj. Wtr. Body. A\ Wy✓ „at y n i .,l t Closest Maj. Wtr. Body A t W vV ,Yjtj, (Scale: N TS ) ❑ See note on back regarding River Basin rules. (f� 1111111111111111111111111111111111111 REVENUE: $458.00 PARCEL ID: 235GA045 BOOK:4250 PAGE:1007 os'iiu oo0 P,a.l a N da M. Clnm wn. imn"ck Cau q. NC P4ner of 0=ds Me.d.V 0.., /mumkk C.y NC. PpIaa of Dttdr 09R6R91906d1:02.000 NC RE t%TMP:,.SBW GENERAL WARRANTY DEED RECF-lvEf.I JUN 01 '2.0220 LIQM WILMINGTONr "O PREPARED BY AND RETURN TO: Hutchens Law Finn LLP File No.: SPT1283895 4911 Old Long Beach Rd SE Ste 5, Southport, NC 28461 This instrument prepared by: Wendy Hughes, licensed North Carolina attorney. Delinquent taxes, If any, to he paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief Legal Description: Lot 2, Block 143, Section 9, Tranquil Harbour, Long Beach NORTH CAROLINA COUNTY OF BRUNSWICK THIS DEED made this 18th day of September, 2019, by and between John Randy Winecoff, unmarried, whose address is 5389 Irvine Trail NE, Leland, NC 28451 and Larry Gregg Colvin and wife, Lllaa Ogburn whose address is 506 N. Person Street, Raleigh, NC 27004 and Shorrl Dania* Colvin nka Sherri Colvin Cane and husband, Gay David Cans whose addres Is 110 Bradley Pines Drive, Wilmington, NC 28403 and Andrew Bryan Colvin and wtfe, Hillary L. Colvin, whose address is 5 Botany View CIL Asheville, NC 28805 hereinafter called Grantor, and DECEIVED Ralph A. Graham, Jr. and wife, Colleen R. Graham, whose address is JUL 10 2020 2.42 Mallard Way, Mooresville, NC, 28117 hereinafter called Grantee; 0CM-M H f_) CITY SubmIned elwAronlcally by Hutchens Law Firm In compliance with North Cardin* statutes governing recordable documents and the tarnw of the subrNAW agreement wah Ow Brunswick County Pd9ster of Deeds. 2606 E Yacht Dr: Google Maps https://www.google.es/maps/place/2606+E+Yacht+Dr,+Oak+lslan... Go gle Maps 2606 E Yacht Dr im�yea � zutu miaxar lemmogles, U.S. Geological Survey USDA Faun Service Agency, Dades del mapa @2D20 100 peus 2606 E Yacht Dr Oak Island, NC 28465 O O � O O Indicacions Deals A prop Envia al Comparteix tel6fon loft JUL 10 2020 DCM-MHD CIVY020, 2:02 PM w I � �. ��+'� �w 4� 'qTR ' t t' 9 2 ` 4 � "' �f. h fin ♦ t l� i Y., �y ' 4 h r 'y j�}y�{�'h e`'F•t c' I K, C�Yf�� `.r L �' j q .. Y . /ly I ., ,�; '• � N `'' .. � � > - d F2� 5, �_� �( k � ���` � �' �. a t ,. a. 1 i��a � #.- k € •- s a �� - psi �-.... -- L C'tt M ]' S ^�`- _� 4 ' : :fir `: y,. w t �. ram- � ,� i. a., �` .y��+- I -� \ �,I �r .�. � u I c. Y } `` / � !� < � as='-`� .:.+a _ � _ <.'� { y Y�� �" �f`a,. _ s � �� �� . I ./, ��� _� _.e � �'. I I i •� .7 y.� 1 ^.� '.d N r �.i �) �, � . 7 ,, v r:• � ,) i q S / {{ -� � . � _yam � ._— �! • - � - - � !�l . � �\ .. � � .�.: = upper limits of coastal wetlands 401 Wetland flags #1 through #10 APR 16 ZUZU DCM WILMINGTON, NC The flagged limits (1-10) started and enc upper limits of coastal wetlands, which primarily of smooth cordgrass. DWR use tape: Wetland Delineation Sparse vegetation was observed within I limits likely due to significant about of d due to storms. Vegetation within the lir salt marsh elder (baccharis), briars, gian grape vine. 1 L Ot 0 m vi m 0 Q N v 0 w w U w ir C: w w U W k a �,. � •; � ;� of }r� � i a -,vr r W tt ".n. •.'Fvr`ca vZ ♦ Alt':`"Fj - 1 7/B/2020 Mail - Brock, Brendan O - Outlook Re: [External] Oak Island Site mitigation (;ECENEQ Brock, Brendan 0 <brendan.brock@ncdenr.gov> APR 1 202� Thu 4/16/2020 9:41 AM r To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> pCiM w1LM Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> Thank you Gary. I've already notified the contractor about mitigation credits after yesterday's email thread but I will let him know to hold off on purchasing any at this moment. Brendan Brock > On Apr 16, 2020, at 9:34 AM, Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> wrote: > CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<m i port.spam@ cc.gpv> > Tara, > I just sent Brendan an e-mail referring to the mitigation requirements for the 404 impacts. > I told him to advise the owner/applicant to hold off on purchasing credits at this time. After reviewing the picture again I'm not sure that the owners need to pay mitigation for this low quality wetland feature. > It looks more like a stormwater runoff feature. Still 404 wetland, but is it right to charge them mitigation for impacting this feature? I don't think it is. > I'm coordinating with Mickey to get his opinion on this. > Hope you're doing well. RECEIVED > Gary JUL 10 2020 > -----Original Message----- DCM-MHD CITY > From: MacPherson, Tara[mailto:tara.macpherson@ocdenr.gov > Sent: Thursday, April 16, 2020 9:28 AM > To: Mairs, Robb L <robb.mairs@ncdenr.gov>; Brock, Brendan O <brendan.brock@ncdenr.gov> > Cc: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>; Sugg, Mickey T CIV USARMY CESAW (USA) <Mickey.T.Sugg@usace.army.mil>; Steenhuis, Joanne <joanne.steenhuis@ncdenr.gov> > Subject: [Non-DoD Source] RE: Section 404 verifications > Hi All, I have read all of the discussions, but am replying to this email to say thank you! The applicant plans to apply for a major CAMA permit for Section 404 fill for the proposed bulkhead. It is my understanding that there are not any pending plans for home construction at this time, but I could be wrong. https:lloutlook.offce365.mm/majUAAMkADVjMZ93NTMyLTIIMTMtNGM5Yyl hNzQ4LThiOWM2NWZhNjc5YwAuAAAAAAABP7 % 2FDFxcUTriYurkPODr... 1/5 7/8/2020 Mail - Brock, Brendan O - Outlook > Thank you so much for your assistance and I will notify the Town about the USACE/DWR determination. > —Tara > > Tara MacPherson wt�M�PiGSpN NG > ppM > Wilmington Region District Manager > NC Division of Coastal Management > Department of Environmental Quality > 910 796-7266 office > 910 395-3964 fax > tara.macpherson@ncdenr.gov<mailto:tara.macpherson@ncdenr.gov> > 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. > RECEIVED > > JUL 10 2020 > From: Mairs, Robb L DCM-MHD CITY > Sent: Wednesday, April 15, 2020 12:20 PM > To: MacPherson, Tara <tara.macpherson@ncdenr.gov>; Brock, Brendan O https://outlook.office365.wm/mail/AAMkADViMzg3NTMyLTIIMTMtNGM5Yyl hNzg4LThiOW M2NWZhNjc5YwAuAAAAAAA8p7%2FDFxcUTllYurkPQDr... 2/5 7/8/2020 Mail - Brock, Brendan O - Outlook <brendan.brock@ncdenr.gov> > Cc: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>; Mickey Sugg <Mickey.t.sugg@usace.army.mil>; Steenhuis, Joanne <joanne.steenhuis@ncdenr.qov> > Subject: RE: Section 404 verifications > Hey Tara, lascswsv t `'LULU qpM WII.M�NGTQN, NG > As discussed with you and Brendan yesterday, Joanne and I were able to swing by the lot after a site visit in the Oak Island area. We also met the owner (Ms. Graham) while we were on -site, and discussed our findings and her options moving forward. She indicated that they would like to tie into the existing timber bulkhead alignments of their adjacent riparian property owners, which appears would be located landward of the upper limits of coastal wetlands. I explained to her that since this proposal would impact Sec. 404/401 wetlands, it would require submitting a CAMA major permit application, and authorization from the USACE and the NC DWR. Please see attached supporting photos and notes on this determination. > Mickey and Gary, I did not discuss with her potential mitigation requirements, but I was curious if this minor amount of impact would since this lot is located within a barrier island. Please let me know if you need anything further to assist the USACE on this. > Thanks, and let me know if you need any further assistance. > Robb Mairs > Environmental Specialist II > Division of Water Resources > North Carolina Department of Environmental Quality > RECEIVED > 910 796.7303 office JUL 10 2020 > robb.mairs@ncdenr.gov <mailto:robb.mairs@ncdenr.gov> DCM-MHD CITY > Blockedhttps://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater- branch/401-wetlands-buffer-permits https.//outlook.of m365.com/maiVAAMkADVjMZ93NTMyLTIIMTktNGM5Yyl hNzQ4LThiOWM2NWZhNjc5YwAuAAAAAAA8p7%2FDFxcUTIIYurkPQDr... 315 7/8/2020 Mail - Brock, Brendan O - Outlook > 127 Cardinal Drive Extension > Wilmington, NC 28405 > ��CEIVED > Email correspondence to and from this address is subject to the ApR 202Q > > North Carolina Public Records Law and may be disclosed to third parties. 1DCMYJIlM1NGtQ'�C > From: MacPherson, Tara > Sent: Monday, March 30, 2020 4:02 PM > To: Mairs, Robb L <robb.mairs@ncdenr.gov <mailto:robb.mairs@ncdenr.gov> > > Subject: Section 404 verifications > Hi Robbie, Are you guys allowed to go in the field? The usace is not and Gary said to see if you could get eyes on a project in Oak Island. If not I will just tell them to call a consultant...... Thank you:) > > Tara MacPherson > Wilmington Region District Manager > NC Division of Coastal Management > Department of Environmental Quality > > 910 796-7266 office RECEIVED > 910 395-3964 fax JUL 10 2020 > tara.macpherson@ncdenr.gov <mailto:tara mac rson c enr.ggy> DCM-MHD CITY https://outlook.office365.dom/mail/AAMkADVjMzg3NTMyLTIIMTMtNGM5Yy1 hNz04LThiOWM2N WZhNjcSYwAuAAAAAAA8p7%2FDFxcUTI [YurkPQDr... 415 7/8/2020 Mail - Brock, Brendan O - OuUook > 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 partie ��%Nleo ' 6 ti0tia > Pq 'V M����0 > VQO���G RECEIVED JUL 10 2020 DCM-MHD CITY https:lloutlook.offlw365.wmlmai VAAMkADVjMzg3NTMyLTIIMTMtNGM5Yyl hNzQ4LThiO W M2N WZhNjc5YwAuAAAAAAA8p7%2FDFxcUTI lYurkPQDr... 5/5 NC Division of Coastal Management AEC:AIWW Major Permit Application Computer Sheet Fee: $400 #1210 & 1212 CDAITS MHC cc Applicant: Ralph Graham Agent/Contractor: Crystal Coast Marine do Mark Albert Project Site County: Brunswick Staff: Brendan Brock District: YYlmington Project Name: Graham Bulkhead Rover File: River Basin: Initial date of application submittal: 05.01-20 Date application 'received as complete' In the Field office: Permit Authorization: bACAMA MFredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes [. No PNA: OYes No Photos Taken: Yes 51 No❑ r Setback Required (riparian): Yes qNo Critical Habitat: UYes No WNot Sure 15 foot waiver obtained: Yes MNo Hazard N ification Returned: ❑Yes 7t, SAV: ❑Yes ' No ❑Not Sure Shell Bottom: ❑Yes - No ❑ Not Temporary Impacts: 0Yes ❑No Sure Sandbags: []Yes No []Not Sure Did the land use c"ification come from LUP: [-]No[-]YesNo Mitigatio Required (optional): county OYes Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: OYes (�No ❑NA ❑Yes []No❑NA I , FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open-of,ClooseJd r `C SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HOW) 0 Outstanding Resource Waters (OR" WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) [I (SS) Glasswort (Salicornia sp.) we nds) ❑ (CJ) Saw grass (Cladium jamaicense) El (SA) Sall marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosurotdes) ❑ (DS) Salt or spike grass (Disfichlis 0 (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus 0 (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 U 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 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major Ll IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - S475 Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - ❑ II. Public or commercial/no dredge RECEIVED $100 and/or fill-$400 I. Private no dredge and/or fill - $250 II(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 DrM.MHD CITY Ralph Graham Date: 06-01-20 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 Dimension 4 ho New Work M Replace i Maint ❑ ❑ Y © N I� New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the 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 and/or restoration or and/or temp restoration or temp impact temp impacts impact amount) lemp impacts) amount Dredge ❑ Fig [4 Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED JUL 10 2020 DCM_fiA41n tart 91S,- s.. :: 1.888.4RCOAST :: wwwmccoastalmanasemenAnet revised: 10/12/06 Major Permit Fee Schedule Project Name:L->VA nA (U "___ � Pf 4jC, County: C r.3 ti,k Check No & Amount: • I z 012IZ 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: 11. 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 iMh p I II(C). If General Water Quality t�ur _ 4 5 Certification No. 4175 could be applied, 4Wit but DCM staff determined that additional review and written DWQ concurrence is $4 e' I t L� 60% ($240) J 40% ($160) needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 600/ ($240) 40%($160) Certification No. 4175 cannot be applied. IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($265) 40% ($190) of wetlands and/or open water areas: RECEIVED JUL 10 2020 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 6/4/2020 6/4/2020 Ralph & Colleen same Wachovia 1210 $250.00 major fee, 2606 E Yacht Dr, Oak BB rct. Graham (1 of 2) Island SPLIT60/40 10358 G' C3 0 0 r o 0 n m m ti o DCM Coordinator: Curt Weychert County: f r Permit #: WIRO E-MAIL DISTRIBUTION SHEET Circle one: io Repo Permit for: I 1J�1 cba y wt lM Oversize Plans sent: DCM Offices: Morehead City: PT (if oversize) via Courier `cc Curt & Amanda on group email w/ bio.narr.app. drawings. deed, comment sheet J 'MHC documents (Curt -A ....... .. ✓ Wilmington: Original hard -copy ONLY USACE & DWR ryrro/: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: kt air (Pander & Carteret Co): PN, CL, Reports, Split Sheet _ (until territories are decided) rY Wilmin tonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet. Div of Water Resources: ✓✓✓Robb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _ }lolley�nider - 401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: — -- ---- �itWl Anne Deaton (temporary) w/Reports _ DCM Planner/WiRO: V41ke Chnstenbury _ Cultural Resources: tWnee Gledhill Environmental.Reviewanncdenroov_ -Earley Natural Heritage Prog. V/Ro/dney Butler DCA-Rural Eco. Dev: `Mark Ziegler NC DOT: Aavid Harris _ Wildlife Resources: riia Dunn w/Reports ', State Property Office: Walton: DEED _ Vke Moser _ Hilliard, Real Property Agent (Bio Reports only) /anda Shellfish Sanitation: � Jerep y Humphrey (Bio) / _ ron Gupton, Admin. / DEMLR: Uhyi5tine Hall - Stormwater Section n Sams - Land Quality Section Public Water Supply: Heidi Cox _ Enforcement: ZZ �nVi Co. LPO t\/ M+1'�W7 Agent: /Q DISTRIBUTED: I r i+J RECEIVED JUL 10 2020 DCM_M j,D q try Updated O& 20 CAMA/Shaun majors docs/e' gen I s