Loading...
HomeMy WebLinkAbout85-20 Poteat-Smith Properties LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 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 Permit Number 85-20 Issued to Poteat-Smith Properties, LLC, 5704 Madison Oaks Court, Greensboro, NC 27407 Authorizing development in Brunswick County adi. to the Atlantic Ocean, at 5205 Each Beach Drive, Oak Island, as requested in the permittee's application dated 5/12/20 (MP-1) and 5/1/20 (MP-2 & 3) & Ocean Hazard AEC Notice dated 5/4/20, incl. attached workplan drawing (2), Sheet 2 of 2 dated 5/12/20. and the drawing titled "CAMAM Maior Permit Site Plan dated "received DCM Wilmington" 6/3/2020. This permit, issued on August 6, 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 to tines, imprisonment or civtt action; or may cause me permit to oe null anti vmu. Ocean Hazard Development 1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property, including the single family residence with lot fill, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910)796-7215 for this determination. 2) Unless specifically altered herein, no fill material shall be placed at any time in any vegetated wetlands outside of the alignment of the wetland fill area indicated on the workplan drawing. (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 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. 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. Signature of Permittee r IJ Poteat-Smith Properties, LLC ADDITIONAL CONDITIONS Permit No. 85-20 Page 2 of 3 3) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of Coastal Management shall stake the first line of stable, natural vegetation and appropriate structure setbacks.. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement is void and shall be re-established. In the case of a major shoreline change within that period, a new setback determination shall be required before construction begins. 4) Prior to the initiation of construction within the Ocean Hazard AEC, the permittee shall stake the Town of Oak Island Development Line. All authorized development shall be located landward of the Town of Oak Island Development Line. 5) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are inconsistent with any of the following NEC standards, the more restrictive standard shall apply. 6) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square. 7) All foundations shall be adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. 8) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. 9) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure shall be relocated or dismantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. Filling 10) All fill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 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. Poteat-Smith Properties, LLC ADDITIONAL CONDITIONS Permit No 85-20 Page 3 of 3 13) Dune disturbances should only be allowed to the extend necessary for development and if the dunes protective value is not weakened to reduced. Disturbed dune areas will be immediately stabilized. 14) All unconsolidated material resulting from associated grading and landscaping shall be retained onsite by effective sedimentation and erosion control measures. USACE / FEDERAL CONDITIONS 15) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. General 16) The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of Engineers prior to initiation of any permitted activity. Unless altered by a specific Condition of this Permit, the permittee shall adhere to all conditions on the Federal approval. 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 18) All debris associated with this development shallbe contained within the authorized project area and removed to an appropriate upland refuse disposal site. 19) 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. NOTE: This permit does not convey any rights, either in real estate or material. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including any authorizations from the US Army Corps of Engineers and the Town of Oak Island. 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. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2020- 0785. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2020- 00825 NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator: ►00 Permit #• I 95 Permittee: Agents: DCM Field Offices Elizabeth City Morehead City US ACOE Offices: MAILING DISTRIBUTION SHEET Washington (with revised work plan drawings) &Vilmington •.WAW, (OBJECTIONS ) Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Jordan Jessup (TBD) Greg Curry (TBD) 1 Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: j1eidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: 0imberlee Harding James Harrison NC DOT: orDavid Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: %Sheri Montalvo / Shelton Sullivan d Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Op jWj6ppruler) 'I&SIMi — 401 (Brunswic Hanover) Qk0jj0VjWl - Stormwater Jeanne Steenhuis - 401 (NCDOT-Brunswic New Hanover, Onslow, Pender) Wildlife Resources: Maria AM" �— (NCDO) Travis Wilson Natural Heritage Program r RodntslMooft LPO: DCM Coordinator. Curt Weychert County: WIRO E-MAIL DISTRIBUTION SHEET Circle one Bio Re rt /Permit for: Oversize Plans Permit M ' " DCM Offices: Morehead City: PT (if oversize) via Courier N I� / 'cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet / 'MHC documents (Curt & Amanda) Wilmington: Original hard -copy _L ONLY USACE & DWR (wirq: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: r (Pender & Carteret Cc): PN, CL, Reports, Split Sheet (until territories are decided)robbi gtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet _ Div of Water Resources: airs -401 (BR/NH): PN, CL, Reports, Split Sheet _ Snider -401 (PN/ON): PN, CL, Reports, Split Sheet_ Div of Water Resources: V-6teri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: Anne Deaton (temporary) w/Reports _ DCM Planner/WiRO: v4ike Christenbury _ Cultural Resources: vRenee Gledhill -Earley Environmentat.Review(iDncdenr.gov_ Natural Heritage Prog. Adney Butler_ DCA-Rural Eco. Dev: 14ark Ziegler NC DOT: david Harris Wildlife Resources: Nfllaria Dunn w/Reports State Property Office: Walton: DEED _ vV1lI:*,e Moser anda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: v remy Humphrey (Bio) / ,;Sharon Gupton, Admin. _ DEMLR: Stine Hall - Stormwater Section _ an Sams - Land Quality Section Public Water Supply: /di''Coxx City of Wilmington: Kati: hursRnn._ j / p Enforcement: Field Re\ep-.' / v � tMWV'/ ✓Tom' Mac c _Co. LPO t/)r M1 �li fvT-j xVW066 CA. Agent: DISTRIBUTED; Updated 0s2a¢0 CAMA/Shaun majors docs/e Agency List DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Poteat Smith Properties, LLC COUNTY: Brunswick PROJECT NAME: 5205 East Beach Drive LOCATION OF PROJECT: 5205 East Beach Drive, Ad to the Atlantic Ocean, Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 64-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Brink DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weyckert PUBLIC NOTICE REC'D: 6-16-20 ADJ. RIP. PROP NOTICES REC`D: C) 75 DAY DEADLINE: 8-18-20 HOLDS: ger,ENED 3012 2020 DCM041) CITY To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE REC D: S400 (60140)#1538 END OF NOTICE DATE: 7-7-20 DEED REC`D: Yes 150 DAY DEADLINE: MAIL OUT DATE: 6-12-20 STATE DUE DATE: 7-7-20 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NOTES DCM - Field Rep �(` 8 " 20 \NO / JP U5,16,9 DCM - LUP Consistency Determination - Local Permit Officer Corps of Engineers- Regulatory Branch Zoo- w 2 DWR-401 Section 116 DWR-Public Water Supply - lie - DEMLR - Stormwater p , DEMLR- Sed and Erosion .I 0 w DOA- State Property Office - _2D Wildlife Resources Commission -� DMF - Shellfish Section DMF - Habitat & Enhancement DNCR - Archives & History Z�l' DNCR- Natural Heritage Program NCDOT NC Dept of Commerce NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Atlantic Ocean Fee: $400 #1538 CDAITS MHC cc Applicant: PoteatSmith Properties, LLC c/o Kelly Smith Agent/Contractor: SEGI, Inc. /Dana Lutheran Project Site County: Brunswick Staff: Tara MacPherson District: Wilmington Project Name: 5205 East Beach Drive Rover File: River Basin: Cape Fear Initial date of application submittal: 05-14-20 Date application "received as complete' in the Field office CP / 3 ;I-09-o SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes No PNA: ❑Yes C50o Photos Taken: Yes No❑ Setback Required (riparian): ❑Yes []No Critical Habitat: []Yes LJNo Not Sure 15 foot waiver obtained: ❑Yes ❑No Hazard Notification Returned: []Yes ❑No SAV: Yes No Not Sure Shell Bottom: Yes No ❑ Not Temporary Impacts: Yes No Sure Sandbags: []Yes No ❑ Not Sun; Did the land use classification come Mitigation Required (optional): from county LUP: ❑Yes ❑No ❑Yes ❑No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes No ❑NA [-]Yes ❑No ❑NA FT. Shellfish Area D nation: Project Description: (code) Development Area: (code) Open -or- losed a I t y r fr yQ SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional [I(LS) Sea lavender (Limonium sp.) [I (SS) Glasswort (Salicomia sp.) e l ands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bultrush or three square (Scirpus (TY) Cattail (rypha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Satt/meadow grass (Spartina roemenanus) patens) APPLICATION FEE ❑ 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 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major El 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 - 2s00 acre; 4144 can be applied - $400sCEIVED ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 U N 12 2020 ❑ I. Private no dredge and/or fill - $250 El III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs CITY DWQ agreement - $400 DCM.MHD Project Name: Major Permit Fee Schedule County: Check No & Amount: DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250 ) 0 /o ° ($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`90 ($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. ul(D). If General Water Q lit(j(,ed.' Certlfi anon No. 4175 cannot be p $4b0 60% ($240) 40% ($160) IV. Development that involves the and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED ,)UN 12 2020 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 6/2/2020 Poteat-Smith same Wells 1538 $400.00 major fee, 5205 east beach, Oak TIP rct. Properties, LLC Fargo Bank island BrCo SPLIT 60/40 9799 0 n � _ p n z �' o m � m < m v o DCM Coordinator: Curt Weychett WIRO E-MAIL DISTRIBUTION SHEET Circle one Bio Re rt / Permit for: Oversize Plans sent: �IK County: Permit #: DCM Offices: N IN Morehead City: PT (if oversize) via Courier. 'cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet ✓ 'MHC documents (Curt & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (wmj: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: ir (Pender & Carteret Co): PN, CL, Reports, Split Sheet _ (until territories are decided)robb gtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet Div of Water Resources: airs -401 (BR/NH): PN, CL, Reports, Split Sheet _ dd♦ Snider -401 (PN/ON): PN, CL, Reports, Split Sheet_ Div of Water Resources:Seri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet -------------------- ------------- ---------- Marine Fisheries: Anne Deaton (temporary) w/Reports DCM Planner/WiRO: v4ike Christenbury — Cultural Resources: VRenee Gledhill -Earley Environmental.Review()ncdenrgov _ Natural Heritage Prog. Adney Butler— DCA-Rural Eco. Dev: rAAark Ziegler — NC DOT: /avid Harris Wildlife Resources: Aaria Dunn w/Reports State Property Office: Walton: DEED — ,y�(yylce Moser _ anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: ,)6remy Humphrey (Bio) / Sharon Gupton, Admin. _ DEMLR: istine Hall - Stormwater Section _ i4ar Sams - Land Quality Section Public Water Supply: /eidii Coxx — City of Wilmington: Kathrgpirhurs nn/ /� �,,, Enforcement: Field Rep. r4V1V1V_ ✓TO vs- I k6LC ��""" `� tbiw"k. Ax" Co. LPO Cbh,V�e M1 1 �xvm��s� �+. oa Agent: X \\- RECEIVED H UN 12 2020 rN DISTRIBUTED: 0 v DCM-MHD CITY Updated o52020 CAMA/Shaun majors docs/e Agency List Poteat Smith Properties, LLC c/o Kelly Smith Date: 05-14-20 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of m>esurement found In vour Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension t ; Dimension 2 Dimension 3 Dimension 4 One One F 1 New Wok Maint ❑ Replace ❑ Y N ni 3� '�/./� rd �1 0 n Z New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maim ❑ ❑ Y ❑ N _ New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 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 includes any disturbance. Excludes any Disturbance total includes disturbance. Excludes any Habitat Name Choose One anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) —temp impacts) amount 1 .1t G AV 16 S' 1 Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill Both ❑ Other ❑ I J�S�►� 058413 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 I A 12 2020 DCM-MHD CITY 919-733-2293 :: 1-888-4RCOAST :: w ,.nccoastalmanagement,net revised: 10H 2106 Recommendations for State Permit — Poteat-Smith Properties 6/ 8 /2020 It is the staff's recommendation that the construction of the proposed structure is CONSISTENT with the Rules of 15 NCAC 7H.0306 (a)(5) Use Standards for Ocean Hazard Areas pending the receipt of a formal Jurisdictional Determination by the USACE. Any permit issued should include standard conditions for oceanfront development. RECEIVED JUN! 12 2020 DCM-MHD CITY ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS June 12, 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.wevchek@NCDENR.gov SUBJECT: CA MA /Dredge & Fill Applicant: Poteat-Smith Properties, LLC Project Location: 5205 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County Proposed Project: Proposal to construct a single family residence with associated freshwaterfill. 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 July 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: )4 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. PRINTNAME_ Mtvk 'J'a" AGENCY AAA( Llal&- rwRty SIGNATURE Aod 4u , RECEIWED DATE 6 ` I6'do JUN 16,2020 MP SECTION State ofNrnih Carolina F.avironmanml Qualify Coastal Mwagcment DCM - MHD CITY 127 Cardinal [hive Ef.. Wilmington. NC 28405 919 796 7215 • ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS June 12, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28657 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertidNCD EN R.eov SUBJECT: CAMA/Dredge&Fill Applicant: Poteat-Smith Properties, LLC Project Location: 5205 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County Proposed Project: Proposal to construct a single family residence with associated freshwater fill. 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 July 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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 f' ` q e, I/ `C & 1, � f L - AGENCY N t; b e a 7 • () � 60 t�% /h P-yu SIGNATURE RECEIVED DATE 1UN 18 2020 MP SECT DCM MHD C�ITy State of Nonh Carolina I Environmental Quality l Coastal Management 127 Cardinal Drive Est., Wilmington, NC 28405 9197967215 NORTH CAROLINA Environmental Quality June 12, 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)NCDENR.gov SUBJECT: CAMA/Dredge & Fill ROY COOPER Gove,nor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dlreator, Division oJCoasal Management Applicant: Poteat-Smith Properties, LLC Project Location: 5205 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County Proposed Project: Proposal to construct a single family residence with associated freshwater rill. 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 July 7, 2020 If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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. AGENCY 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. NC DMF - Shellfish Sanitation & Recreational Water Quality SIGNATURE gAg&4 6�� for ShannnIII Jenkins ,/ RECEIVED AT_, 07/02/2020 JUL' ;_P 1 1010 MP SECTION State of North Carolina I Environmental Quality I Coastal Management DCM - MHD CITY 127 Cardinal Dnve ExL, Wilmington, NC 28405 919 796 7215 a ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON DAVIS NORTH CAROLINA Dimclar, Division ofCoaval EnvironmznlaiOualrp, Management June 12, 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(oNCDENR.gov SUBJECT: CAMA/Dredge & Fill Applicant: Poteat-Smith Properties, LLC Project Location: 5205 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County Proposed Project: Proposal to construct a single family residence with associated freshwater fill. 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 July 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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 6. kf_J� RECEIVED DATE JuIV 10, 2020 JUL 10 2M NIP SECTION DCM - MHD CITY State of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00825 County: Brunswick County U.S.G.S. Quad: Southport GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Poteat-Smith Properties, LLC Attn: Kelly Smith Address: 5704 Madison Oaks Court Greensboro- NC 27407 Telephone Number: RECEIVED JUL E 8" 2020 Size (acres) Nearest Town Town of Oak Island MP SECTION Nearest Waterway Atlantic Ocean River Basin Lower Pee Dee DCM - MHD CITY USGS HUC 03040208 Coordinates Latitude: 33.9093 Longitude:-78.11171 Location description: The site is located adjacent to the Atlantic Ocean at 5205 E Beach Drive in Oak Island, Brunswick County, NC. Description of projects area and activity: The proposal is to fill 0.03 acre of a freshwater wetland in order to construct a sinele family residence. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: 29 SPECIAL CONDITION: Compensatory Mitigation must be accomplished for 0.03 acre of freshwater wetland impact by purchasing 0.06 acre of non -riparian wetland credits from the Lower Cape Fear Umbrella Mitigation Bank prior to wetland disturbance at the site. The attached completed "Compensatory Mitigation Responsibility Transfer Form" must also be provide to the Corps prior to wetland disturbance at the site. 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 Nationwide Permit #29 General and Regional Conditions, the Special Condition above and your permit application and drawings dated May 12, 2020. 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 1 administrative penalty, and/or appropriate legal action. 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) 251-4707 or at Greaorv.E.Currev(n usace.armv.mil. CURREY.GREGORY.E omiWnw••=w UGENE.1051011950 Corps Regulatory Official: Expiration Date of Verification: March 18, 2022 A. Determination of Jurisdiction: Date: July 28, 2020 RECEIVED JUL 2 S 2020 MP SECTION DCM - MHD CITY 1. E 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: PJD Jurisdictional Determination Request Form dated May 5, 2020. C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction 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: Jason Steele, 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 r� �7 CURREY.GREGORY•E CURREY.GREGORY.EUGENE.10510119 50 Corps Regulatory Official: UGENE.1051011950 Date: 2020.07.28 15:29:32 -04'00' Gregory Currey Date of PJD: June 25, 2020 Expiration Date of JD: none 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/f9p=136:4:0. Copies furnished by email Dana Lutheran (Southern Environmental Group, Inc.) RECEIVED Curt Weychert (NC DCM) Robb Mairs (NC DWR) JUL 2 81020 MP SECTION DCM - MHD CITY Action ID Number: SAW-2020-00825 County: Brunswick County Permittee: Kelly Smith Poteat-Smith Properties, LLC Project Name: 5205 E. Beach Drive/Poteat-Smith Properties Single Family Residence Date Verification Issued: July 28, 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 RECEIVED JUL 2 8:2020 MP SECTION DCM - MHD CITY U.S. ARMY CORPS OF ENGINEERS Wilmington District RECEIVED Compensatory Mitigation Responsibility Transfer Form JUL 2 8.2020 Permittee: Poteat-Smith Properties, LLC (Attn: Kelly Smith) Action ID: SAW 2020-00825 Project Name: Single Family Residence at 5205 E. Beach Drive County: Brunswick MP SECTION DCM - MHD CITY Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements pprmittpd Imoaets Rpouiring Mitigation*: 8-digit HUC and Basin: 03040208. Lumber River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.03 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040208, Lumber River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.06 Mitigation Site Debited: Lower Cape Fear Umbrella Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 September, 2017 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: RECEIVED JUL 2 8.2020 MP SECTION DCM - MHD GTY This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd.tugwell�7a usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. Greg Currey USACE Project Manager: Select Project Manager Name USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: USACE Project Manager Signature Page 2 of 2 Click here to enter a date. Date of Signature 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 the Customer Satisfaction Survey located at our website at http://regulatory.usacesu"ey.com/ to complete the survey online. U.S. ARMY CORPS OF ENGINEERS Wilmington District Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at htto://ribits.usace.army.mil. RECEIVED JUL 2 8.M MP SECTION DCM - MHD CITY Page 1 of 2 Form Updated 14 September, 2017 ER 20-1370 Historic Preservation Office ROY COOPER �. Gmxrnor EGAN MICHAEL S. R ER 20-1370 secretor, BRAXTON DAVIS NORTH GAROLINA Director, Dnufirn nfCoosml F,nvironmanml onaihy min gem.1 June 12, 2020 Due: 7/8/2020 MEMORANDUM: NC FROM: Curt Weychert, Assistant Major Permits Coordinator SBA 0613012020 NCDEQ - Division of Coastal Management A__ 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert( NCDENR.gov NC SUBJECT: CA MA /Dredge & Fill S KBHO712712020 Applicant: Poteat-Smith Properties, LLC Project Location: 5205 E, Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County Proposed Project: Proposal to construct a single family residence with associated freshwater fill. 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 Jufy 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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. #RINT NAME Renee Gledhill -Earley AGENCY, Historic Preservation Office SIGNATURE _ 1 " W_CaLA DATE RECEIVED 0712812020 JUL 2 8 M0 MP SECTION State of North Carolina I Environmental Quality I Coastal Management DCM - MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 i'DocuAn Envelope ID: 14ABE5F8-E669.465E-97D1-E98FBF970E8F ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Poteat-Smith Properties, LLC c/o Kelly Smith 5704 Madison Oaks Ct Greensboro, NC 27407 NORTH CAROLINA Environmental Quality July 22. 2020 Subject: No Written Approval Required 5205 East Beach Drive — Oak Island, NC 28465 Dear Ms. Smith, DWR # 2020-0786 Brunswick County RECEIVED JUL 8 8 2010 MP SECTION DCM - MHD CITY The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on June 12, 2020. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and Nationwide Permit number 29 issued by the US Army Corps of Engineers (USACE). 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 150B 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 htto:/ANww.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.): i D Q North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 r Doru*n Envelope 10: 14ABE5F8-E669-465E-97D1-E98FBF970EBF Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 RECEIVED One (1) copy of the petition must also be served to DEQ: JUL 2 81920 William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 MP SECTION DCM - MHD CITY This letter completes the review of the Division under section 401 of the Clean Water. Please contact Robb Mairs at 910-796-7215 or robb.mairs(@ncdenr.gov if you have any questions or concerns. Sincerely EDocuSlgneA by. S 6" E3ABA1dAC7DDdM_ Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Dana Lutheran, Land Management Group, EC DWR 401 & Buffer Permitting Branch file-LF WiRO r� ., ROY COOPER t Governor i T MICHAEL S. REGAN , ###��� Secremry w.ra BRAXTON DAVIS NORTH CAROLINA Directoq Division of Coastal Rmdrotmlcatal Ouallrp Management June 12, 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.wevchertCa)NCDENR.ctov SUBJECT: CAMA Applicant: John Kilian Project Location: 162 Greensboro Rd., adjacent to a canal, in Holden Beach, Brunswick County Proposed Project: Proposal to increase the dimensions of the existing fixed platform S floating dock, and install a second boatlift to bring the total slip count from two (2) to three (3) slips. 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 July 7, 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 Kimberlee Harding AGENCY NCDMF SIGNATURE / W94'9&AZ Yr DATE 07/02/2020 State of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED MP SECTION DCM - MHD CITY ROY COOPER r MICHAEL S. REGAN BRAXTON DAVIS June 12, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator �11 d� v�9 2 NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 26557 e Fax 252-247-3330 (Courier 11-12-09) 00 curt.wevcher1(WNCDENR.cov 9 -� ti SUBJECT: CAMA/Dredge & Fill f �< jF0£6 92 Applicant: Poteat-Smith Properties, LLC Project Location: 5205 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County Proposed Project: Proposal to construct a single family residence with associated freshwater fill. 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 July 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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 Gri �. 1 .• ' Q%xn n AGENCY T(Cfil F- C SIGNATURES RECEIVED DATE -q -7-0m JULAI; 20M MP SECTION DCM - MHD CITY Stets of North Carolina I Emi,omn®tal Quality I Coastal Management 127 Cardinal ai,,c E<[, Wilmington, NC 29405 919 796 7215 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS July B, 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.weychertC@NCOENR.gov SUBJECT: CAMA/Dredge&Fill Applicant: Poteat-Sm/th Properties, LLC Project Location: 5205 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County Proposed Project: Proposal to construct a single family residence with associated freshwater fill. 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 July 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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 Latania Nichols for Wanda Hilliard AGENCY State Property Office SIGNATURERECEIVED DATE _July 8, 2020 JUL0.2020 MP SECTION DCM - MHD CITY State ol'Nwth Carolina I Environmealal Quality I Coaml Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 I1/__uG'• 11M To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination — Poteat-Smith Properties — 5205 East Beach Drive— Oak Island, Brunswick County Date: July 29, 2020 Consistency Determination: This project is consistent with the 2017 Town of Oak Island Comprehensive Land Use Plan. The applicant proposes to construct single-family residences with associated freshwater fill. The project is located at 5205 E. Beach Drive, adjacent to the Atlantic Ocean in Oak Island. I have reviewed this proposal for consistency with the Town of Oak Island CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern (AFC's) are OH. Oak Island allows development in Residential classified AECs, which is consistent with the State's minimum use standards. The Oak Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project is consistent with the Town of Oak Island Land Use Plan Update. Cc: FILE RECEDED JUL 2 9 1010 MP SECTION DCM - MHD CITY To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination — Poteat-Smith Properties — 5205 East Beach Drive— Oak Island, Brunswick County Date: July 29, 2020 Consistency Determination: This project is consistent with the 2017 Town of Oak Island Comprehensive Land Use Plan. The applicant proposes to construct single-family residences with associated freshwater fill. The project is located at 5205 E. Beach Drive, adjacent to the Atlantic Ocean in Oak Island. I have reviewed this proposal for consistency with the Town of Oak Island CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern (AEC's) are OH. Oak Island allows development in Residential classified AECs, which is consistent with the State's minimum use standards. The Oak Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project is consistent with the Town of Oak Island Land Use Plan Update. Cc: FILE RECEIVED JUL .10 ?07.0 MI? SECTION 9CM - MHD t"Tv ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Dtvdsion ofCoactal Management June 12, 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.wevchertONCDEN R.gov SUBJECT: CAMA/Dredge & Fill Applicant: Poteat-Smith Properties, LLC Project Location: 5205 E. Beach Dr, adjacent to the Atlantic Ocean, in Oak Island, Brunswick County Proposed Project: Proposal to construct a single family residence with associated freshwater fill. 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 July 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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 AGENCY SIGNATURE DATE RECEIVED JUN 12 2020 State or North Carolina i Environmental Quality i Coastal Management DCM-MHD 127 Cardinal Dnve Ext., Wilmington, NC 28405 9197%7215 CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Poteat-Smith Properties, LLC c/o Dana Lutheran (SEGI) LOCATION OF PROJECT SITE: 5205 E. Beach Drive, adjacent to the Atlantic Ocean, in the Town of Oak Island, Brunswick County. Latitude:33°54'33.29"N Longitude:78"06'41.99"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 6/3/2020 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 5/14/2020 (initial), 6/4/2020 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Oak Island Land Classification From LUP - Residential (B) AEC(s) Involved: OH (C) Water Dependent: No (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Municipal Planned - Municipal (F) Type of Structures: Existing - Undeveloped oceanfront lot Planned - one (1) single family residence (G) Estimated Annual Rate of Erosion: two (2) feet per year Source - DCM-2013 Erosion Rate Maps HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (404) 1,458.5 ft2 (404) (B) Non -Vegetated Wetlands (Open water (C) Other (Upland) 2,261.5 ft2 (D) Total Area Disturbed: -3,720 ft2 (0.085 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to construct one (1) single family residence with associated freshwater wetland fill. RECEIVED JUN 12 2020 DCM-MHD CITY Town of Oak Island Page 2 PROJECT DESCRIPTION: The project site is located at 5205 E Beach Drive, in the Town of Oak Island, Brunswick County. To locate the project site from Wilmington, travel west on NC-1 33/US-1 7S/US-74/76W for approximately 3 miles then take the US-17 exit toward Shallotte and continue for approximately 13 miles. Turn left onto NC-906 and travel for approximately 11 miles. Then, turn left onto E Beach Drive and travel 2.9 miles to the property of interest. The site consists of one 0.172 acre parcel with an elevation of an average of 6 ft. above normal high water. Vegetation on the tract consists of native vegetation including Saltmeadow Cordgrass (Spartina patens), Pennywort (Hydrocotyle bonariensis), Sea Oats (Uniola paniculata), Wax Myrtle (Morelia cerifera), Red Cedar (Juniperus virginiana) and Pennywort (Hydrocotyle bonariensis). According to the application approximately 1,458.5 ft2 of Section 404 Wetlands exist along the northern edge of the property (see Site Map sheet 1 of 2). The site is currently undeveloped and no permit history could be located for the property. The FLSNV was flagged in February 2020 by Town of Oak Island LPO. The project site is bordered on the west by a single family dwelling, to the east by an undeveloped lot, to the north by E Beach Drive and to the south by the Atlantic Ocean. The waters of the Atlantic Ocean are classified as SB by the NC Division of Water Resources (DWR). The NC Division of Marine Fisheries (DMF) has not designated this area of the Atlantic Ocean as Primary Nursery Area and the waters adjacent to the proposed project are closed to the harvesting of shellfish. The project site IS located within an area of the Town of Oak Island that undergoes beach renourishment. The erosion rate for this area is two feet (2') per year, according to the 2013 Erosion Rate Maps, creating a total Ocean Erodible Area AEC of 180'. PROPOSED PROJECT: The applicant proposes to construct one (1) single family residence with associated freshwater wetland fill. According to the application, the proposal to construct a single-family home on the lot would result in the filling of approximately 1,458.5 ft2of 404 Wetlands and would disturb approximately 2,261.5 ft2of high ground. The home would be located landward of the 60' setback from the first line of stable natural vegetation (FLSNV) and the Town of Oak Island Development Line. The proposed decking on the waterward side of the house, will encroach into the 60' setback from the FLSNV but not the Town of Oak Island Development Line. The total disturbed area would be 3,720 ft2. The application states that the Section 404 wetlands on the property were reviewed by the USACE, but a formal jurisdictional determination was not submitted with this application (see email attachment -Action ID Number SAW-2020-00825). 10. ANTICIPATED IMPACTS: The construction of the single family residence would result in the disturbance of approximately 2,261.5 ft2 of high ground and the fill of approximately 1,458.5 ftz of Section 404 Wetlands, for a total of 3,720 ft2 of disturbance within the Ocean Erodible AEC. The application states that sewer and water supply services would be provided by the local municipality. RECEIVED Submitted by: Ben Brink Date: June 8, 2020 Office: Wilmington JUN 12 2020 DCM-MHD CITY `jouthern Environmental Group, Inc. 5] 15 —5v,th College Road, 5,itc r— - Wilmington, NC let 12 1'":910.+52.2711 rax910h92.2899-We6,. ..,egi.w 12 May 2020 Hand Delivery NC Department of Environmental Resources Division of Coastal Management Attn: Ms. Tara MacPherson 127 Cardinal Drive Extension Wilmington, NC 28403 Re: CAMA Major Permit Application 5205 East Beach Single Family Dwelling and Dredge and Fill Oak Island, Brunswick County, North Carolina Dear Tara, ECElE MAY 14 2020 Project #: 19-061.01 Southern Environmental Group, Inc. (SEGi), on behalf of Poteat-Smith Properties, LLC is submitting the attached CAMA Major Permit Application, with associated supporting information and documentation (Attachment 1), and the Division of Coastal Management's Four Hundred Dollar ($400.00) CAMA Major Permit Filing Fee (see Attachment 2), for the proposed development of a single family dwelling, at 5205 East Beach Drive, Oak Island, North Carolina. The proposed work is to take place within the NC Division of Coastal Management's Ocean Hazard Area of Environmental Concern and includes the filling 0.034-acre of US Army Corps of Engineers' Section 404 wetlands. It is our hope that the information found within and attached to the application is sufficient, for the DCM and other permitting agencies, to process the request for authorization. However, should you have questions or concerns, please call me at 910.228.1841. Thank you, in advance, for your time and assistance with this project. We look forward to hearing from you. Sincerely, Dana A. Lutheran SEGi Regulatory Specialist Attachments (2) PzicElveo 0CM WILMINGTOW�EEIVED MAY 14 2020 JUN 12 2020 DCM-MHD CITY 1 `jouthern r,nvironmental Cjroup, Inc. i 5 15 rjcuth College Road, Suite I_ - Wilmington, NC Zs41 Z Phone:910.43i2711.Fax:9io.+52.Z899-We6:w zeSws 5205 East Beach Drive CAMA Major Permit Application Project Narrative Prepared for Poteat-Smith Properties, LLC 5704 Madison Oaks Court Greensboro, NC 27407 Prepared by Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 Date 12May 2020 RECEIVED DCM WILMINGTON MAY 14 JUN 12 2 5205 East Beach, Oak Island CAMA Major Proiect Narrative 9 F c3i Introduction: Southern Environmental Group, Inc. (SEGi) has been retained by Poteat-Smith Properties, LLC (see AppendixA), herein referred to as "Applicant", to secure a Coastal Area Management Act (CAMA) Major Permit for the proposed fill of 0.034-acre of depressional wetlands, at 5205 East Beach Drive, in Oak Island, Brunswick County, North Carolina. The fill is necessary to facilitate the construction of a single family dwelling, with driveway, on the property. The proposed work is to take place within the NC Division of Coastal Management's (DCM) Ocean Hazard Area of Environmental Concern (AEC) jurisdictional area (see Appendix B). Due to the fact that the proposed work will impact US Army Corps of Engineers' Section 404 wetlands and pursuant to 15A NCAC 07J .0201, the proposed development will require a CAMA Major Permit. The following information is being submitted as supplemental information to the CAMA Major Permit Application and serves as the required "Project Narrative". Parcel Information and Project Location: The project is located at 5205 East Beach Drive, within the incorporated limits of the Oak Island, in Brunswick County, North Carolina. According to the recorded deed, the Applicant purchased the property on 11 February 2020 (see Appendix J). Parcel ID Number 249DEO12 has been assigned to the property (see Appendix C). The parcel is bordered by the Atlantic Ocean, to the east, an undeveloped lot, to the north, a residential dwelling, to the south, and East Beach Drive, to the west (see Appendix D). From the DCM's Wilmington Regional Office, one can find the project site by heading taking N Cardinal Dr/Cardinal Dr Extension to Market St. Turn left onto Market St. Turn right onto US-74 W/Martin Luther King Jr Pkwy (signs for Wihnington/Downtown); use the right lane to merge onto NC-133 S/US-74 W/Isabel Holmes Bridge, via the ramp, to Whiteville; use the left 2 lanes to turn left onto US-421 S/US-74 W, keep right at the fork, follow signs for US-17 S/US- 74 W/US-76 W/NC-133 SBrunswick County Beaches and merge onto NC-133 S/US-17 SMS-74 WIUS-76 W; continue to follow US-17 SIUS-74 W/US-76 W, use the right 2 lanes to take the US-17 exit toward Shallotte/Myrtle Beach; Continue onto US-17 S/Ocean Hwy E; continue straight to stay on US-17 S/Ocean Hwy E; Keep right to continue on US-17 S; Continue straight to stay on US-17 S; Turn left onto US-17 BUS S; turn left onto NC-906; and then left onto E Beach Dr. The property will be on the right. Please see attached vicinity map (Appendix E). Site Information: The property encompasses approximately 0.172-acre (7,500 SF) of land and abuts the Atlantic Ocean (Cataloging Unit 030030005), which is classified SA;HQW, by the North Carolina Division of Water Resources (DWR) (see Appendix F). The site is approximately 6' above normal high water and is within the VE12 Flood Zone (see Appendix G). Vegetation, within the uplands on the site, consists of Sparrina patens and Hydrocotyle bona•iensis. A small, depressional wetland pocket, measuring 0.034-acre, is situated at the front of the property and encroaches into approximately two thirds of the property, from east to west (see Appendix F). Wetland vegetation, within this area, consists of Morella cerifera, Juniperus virgimana, Spartina patens and Hydrocotyle bonariensts. SEGi submitted a Preliminary Jurisdictional Determination request, to the USACE, on or about May 5, 2020. At the time of this applicationRECO E D had not responded to that submittal. Ms. Donna Coleman flagged the First Stable Line of Vegetation (FSLVG) in February 2020. ,J U N 12 2020 Project Purpose and Need: D n tMHD CITY The purpose of this project is to construct one single family dwelling, with associated driveway and atten eatures. The filling of 0.034-acre of Section 404 wetlands is necessary to facilitate the construction of the dwelling and driveway (see Appendix B). Project Description: Prior to undertaking land disturbing activities, silt fence and a construction entrance will be installed. Once this has been completed, removal of vegetation and grading work will commence. Clean earthen dirt will be used to bring the wetland Rc0EIVt:D-1 21Page (5/12J20) DCM_WILMINGTON, NC MAY 14 2020 5205 East Beach, Oak Island CAMA Major Project Narrative 9 F C3i area up to the desired grade. Typical building materials will be used to construct the dwelling. The final phase of the development will consist of landscaping and installing the driveway, which will be constructed of concrete. In total, the project will generate approximately 1290 SF of built upon area (BUA) or 17.2% of the site. The dwelling will be positioned as to not extend waterward of the 60' Setback, from the FLOSV. A detached, uncovered deck will extend beyond the 60' Setback. No fill is proposed to be placed waterward of the 66' Development Line. Stormwater trenches will be used to treat runoff, through infiltration. A stormwater permit will be sought, through the Town of Oak Island. Please see Appendix B, for details of the proposed development. Heavy machinery, such as dump trucks, front end loaders and pile drivers will be used to complete the work. Machinery will be stored within uplands, on the subject property, when not in use. Adjacent Riparian Property Owners: As per 15A NCAC 07J .0204(bx5), the Applicant shall notify, by US Postal Service Certified Mail, the adjacent riparian property owners (ARPOs) of the proposed work. According to the New Hanover County GIS Map, there are two ARPOs. The following table provides information, for each ARPO: ARPO Parcel IUD Owner I Mailing Address I 249DE013 Public Management Resources, Inc. 6877 Francis Marion Rd, Pamplico, SC 29583-6911 2 249DEOI I Revieuo Revocable Living Trust 1052 Ridgemont Dr., Leland, NC 29451 Table I ARPO L fanntlon See Appendix H, for a map of the adjacent riparian properties and the signed notification form, from each property owner. Summary: In summary, the Applicant is seeking approval, in the form of a CAMA Major Permit, to perform work that will take place within the Ocean Hazard Area of Environmental Concern. The proposed work, which consists of filling 0.034-acre of Section 404 wetlands and constructing a single family dwelling, with associated driveway and attendant features, at 5205 East Beach Drive, in Oak Island, North Carolina. The proposed work is consistent with the current rules and regulations of the NC Coastal Area Management Act, as well as the Clean Water Act, and is considered to be the least environmentally damaging practicable alternative. RECEIVED JUN 12 2020 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC MAY 14 2020 3 1 P a g e (5/12(20) 5205 East Beach, Oak Island CAMA Major Project Narrative 9 F c3i List of Appendices: A— DCMAgent Authorization B — 5205 East Beach Drive CAMA Major Site Plan i C— Brunswick County Parcel information D— Google Earth Aerial Photograph E— Vicinity Map F - DWR Water Classification Map G — Brunswick County GIS Flood Map H—Adjacent Riparian Property Owner Map I —Adjacent Riparian Property Owner Signed Forms J— Property Deed RECEIVED JUN 12 2020 DCM-MHD CITY R=CEIVt=iD DCM WILMINGTON, NC MAY 14 2020 41Page (5/12/20) 5205 East Beach Drive — Poteat-Smith Properties, LLC �1 DCM MP 1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name POTEATSMITH PROPERTIES, LLC Project Name (if applicable) 6205 EAST BEACH DRIVE Applicant 1: First Name KELLY MI Last Name SMITH Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 5704 MADISON OAKS COURT PO Box City GREENSBORO State NC ZIP 27407 Country US Phone No. 336.240.8540 FAX No. Street Address (d different from above) NA City State ZIP - Email KELLY.SMI THa.R EPLACEM ENTS.0 O M 2. AgendContractor Information Business Name SOUTHERN ENVIRONMENTAL GROUP, INC (SEGI) Agent/Contractor 1: First Name MI Last Name DANA A. LUTHERAN Agent/ Contractor 2: First Name MI Last Name Mailing Address POEM City State 5315 SOUTH COLLEGE ROAD, SUITE E WILMINGTON NC ZIP Phone No. 1 Phone No. 2 28428 910.462.2711 -- ext. 910.228.1941 (Preferred) - ext FAX No. Contractor # 910A52.2899 NA StreetAddress(f ditlerent from above) city State ZIP SAME AS ABOVE Email ----------- ----------- dlutheran@sedl.us 3. Project Location County (can be multiple) Street Address State Rd. # BRUNSWICK COUNTY 5205 EAST BEACH DRIVE NA Subdivision Name City state Zip NA OAK ISLAND NC Phone No. Lot No.(s) (# many atfach additional page with list) NA ext. 249DE012 e. In which NC d. bait. Ia Me pminel brslad? 0. Name of body of water to propaceE pmja l RECEIVED CAPE FEAR RIVER (CATALOGING UNIT 030030005) ATLANTIC OCEAN o. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ant anmade Unknown ATLANTIC OCEAN 40 e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed we (SD No falls within. TOWN OF OAK ISLAND 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 50 LF (SEE ATTACHED PLAN) 7500 SF (0.172 AC) DAM WILM- MAY 7 e 9nnn 1 (5/1212020) 5205 East Beach Drive — Poteat-Smith Properties, LLC c. Size of individual lot(s) NA d. Approximate elevation of trail abovef�IHV�Ynormal high water) (If many lot sizes, please attach additional page with a list) or NWL (normal water level) APPROX e. Vegetation on tract THE SITE ABUTS THE OCEAN. VEGETATION, WITHIN THE UPLANDS CONSIST OF SPARTINA PATENS AND HYDROCOTYLE BONARIENS/S, WETLAND VEGETATION CONSIST OF MORELLA CER/FERA, JUNIPERUS VIRGIN/ANA, SPARTINA PATENS AND HYDROCOTYLE BONARIENSIS. f. Man-made features and uses now on tract THERE ARE NO MAN-MADE FEATURES ON THE PROPERTY. g. Identity and describe the existing land uses adiacent to the proposed project site. ADJACENT PROPERTIES ARE ZONED RESIDENTIAL. A SINGLE FAMILY DWELLING IS LOCATED TO THE WEST OF THE SUBJECT PROPERTY, WHILE AN UNDEVELOPED LOT IS SITUATED TO THE NORTH. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning RESIDENTIAL compliance certificate, if applicable) Yes No 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(D NA If yes, by whom? DUE TO THE LOCATION OF THE PROPERTY AND THE FACT THAT THERE ARE NO MAN-MADE STRUCTURES ON THE LOT, AN ARCHAEOLOGICAL ASSESSMENT DID NOT APPEAR TO BE WARRANTED. I. Is the proposed project located in a National Registered Historic District or does it involve a National Register Yes IA listed or eligible property? M. (i) Are there wetlands on the site? No (ii) Are there coastal wetlands on the site? Yes No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) Yes No n. Describe existing wastewater treatment facilities. THERE IS NO EXISTING WASTEWATER TREATMENT FACILITIES WITHIN THE PROJECT LIMITS. DRINKING WATER WILL BE SUPPLIED BY THE TOWN OF OAK ISLAND. o. Describe existing drinking water supply source. THERE IS NO EXISTING SOURCE OF DRINKING WATER ON -SITE. DRINKING WATER WILL BE SUPPLIED BY THE TOWN OF OAK ISLAND p. Describe existing storm water management or treatment systems. THERE ARE NO EXISTING STORMWATER MANAGEMENT OR TREATMENT SYSTEMS, ON THE PROPERTY. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? Commercial PublicJGovemment nvate/Commun b. Give a brief description of purpose, use, and daily operations of the project when complete. THE PURPOSE OF THIS PROJECT IS TO CONSTRUCT A 30.6' X 33.8' SINGLE FAMILY DWELLING (-1034.28 SF), THAT WILL INCLUDE A 159.2 SF DETACHED DECK, AND ASSOCIATED DOUBLE DRIVEWAY (EACH 29' X 10.9') AND STORMWATER TREATMENT SYSTEM (SEE ATTACHED SITE PLAN FOR DETAILS). 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. HEAVY MACHINERY SUCH AS EXCAVATORS, FRONT END LOADERS, DUMP TRUCKS, AND PILE DRIVER WILL BE UTILIZED DURING THE CONSTRUCTION PERIOD. ALL MACHINERY WILL BE STORED IN UPLANDS, WITHIN THE PROJECT BOUNDARIES. d. List all development activities you propose. DEVELOPMENT ACTIVITIES CONSIST OF REMOVING EXISTING VEGETATION AND FILLING THE PROPOSED DEVELOPMENT AREA WITH CLEAN EARTHEN FILL. WHICH WILL RAISE THE EXISTING GRADE APPROXIMATELY 2.0'. PILINGS WILL THEN BE ERECTED, AFTER WHICH TIME, WORK WILL BEGIN ON THE DWELLING. THE DRIVEWAY, STORMWATER MANAGEMENT SYSTEM AND LANDSCAPING WILL FINISH UP THE WORK. 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? —3720 Sq.Ft rAcres g. Will the proposed project encroach on any public easement, public accessway or other area that the public has Yes No NA established use of? h. Describe location and type of existing and proposed discharges to waters of the state. DISCHARGES TO WATERS OF THE STATE DO NOT EXIST AND WILL NOT EXIST, AFTER THE PROJECT Is COMnET5.E I V j_ g) RECEIVED111 "ILMINGTON, NC 2 (5/12/2020) JUN 12 2020 DCM-MHD CITY 5205 East Beach Drive — Poteat-Smith Properties, LLC MA EVA MA i. Will wastewater or stormwater be discharged into a wetland? Yes <E> NA If yes, will this discharged water be of the same salinity as the receiving water? Yes No j. Is there any mf'gation proposed? If yes, attach a mitigation proposal. THE APPLICANT INTENDS TO OFFSET IMPACTS TO USACE SECTION 404 WETLANDS, BY MAKING PAYMENT ® No NA TO THE LCFUMB (LOWER CAPE FEAR UMBRELLA MITIGATION BANK), AT A MITIGATION TO IMPACT RATIO OF 2:1. THUS, THE APPLICANT WILL PURCHASE 0.10-AC OF NON -RIPARIAN WETLAND RESTORATION CREDIT, FOR THE 0.0334 AC OF IMPACT. 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below a. A project narrative. In. 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. I. 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. Name PUBLIC MANAGEMENT RESOURCES, INC. Phone No. Address 6877 FRANCIS MARION RD., PAMPLICO, SC 29583-6911 Name REVIEZZO REVOCABLE LIVING TRUST Phone No. Address 105 RIDGEMONT DR., LELAND, NC 28451 g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, pernittee, and issuing dates. THERE ARE NO PREVIOUSLY ISSUED PERMITS, FOR THIS PROJECT. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. A PJD REQUEST WAS SUBMITTED TO THE USACE ON OR ABOUT 5/512020. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k Astatemant of compliance with the N.C. Environmental PolicyAct(N.C.G.S. 113A 1-10), itnecessary. 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. 7. Certification and Permission to Enter on Land 1 unaerstand [net any perm¢ Issueo In response to tuts appin:auun wnr 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 12 MAY 2020 Print Name DANA A. LUTHERAN Signature Please indicate application attachments pertaining to your proposed project. ,/MP-2 Dredge and Fill ✓MP-3 Upland Development MP-4 Structures MP-5 Culverts and Bridges `EIVED A 12 2020 )CM-MHD CITY REC`i WELD DCM WILMINGTON, NC MAY 14 2020 3 (5/1212020) 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"^ Application that relate to this proposed project. Please include all supplemental infomlation. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access I Other Channel canal Bast Basin Boat Ramp Rock Groin Rock (excluding li (NLW or Breakwater shoreline NWL stabilization Length NA NA NA NA NA NA ! —40 Width NA NA NA NA NA NA —30 Avg. Existing NA NA NA NA NA NA NA Depth Final Project NA NA NA NA NA NA NA Depth 11. EXCAVATION ®7Yssection not applicable a. Amount of material to be cubic yards. NWL In b. Type of material to be c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shag bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None (n) Desolbe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2• DISPOSAL OF EXCAVATED MATERIAL ®This section not applioaWe a. Location of disposal area. c. (7 Do you claim title to disposal area? ❑Yes ❑No ❑NA t) If no, attach a letter granting permission from the owner. b. Dimensions of disposal area. d. n Will a disposal area be available for future maintenance? []Yes; ❑No ❑NA (it) If yes, where? RECEIVED e. () Does the disposal area include any coastal wetlands marsh f. (7 Does the disposal include any area in the water? y (CW), submerged aquatic vegetation (SAV), shell bottom (SB). Dyes []No❑NA JUN 12 2079 or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. n If yes, how much water area is affected? ❑cW ❑s.Av ❑SB DCM-MHD CITY ❑WL ❑None (ii) Descnbe the purpose of disposal in these areas: RECEIVED _ m rrLLrvI11YV I VIY� IYI,, MAY 14 252.808-2808 :: 1.888.4RCOAST :: vvww.nccoastalmanaaement.net revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION 0 This section not applicable Ofdevelopment is a wood groin, use MP-4— Structures) a_ Tvoe of shoreline stabilization: b. Lenoth: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other_ MAdth: c. Average distance waterward of NHW or NM: 0 d. Maximum distance waterward of NHW or NV1L, e. Type of stabilization material g. Number of square feet of fill to be placed below water level. Bulkhead backfill 0 Riprap _ Breakwater/Sill_ Other — I. Source of fill material. f. 0i Has there been shoreline erosion during preceding 12 months? (i) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. 01 Will fill material be brought to the site? ®Yes []NO ❑NA b. (i) Will fill material be placed in coastal wetlandstmarsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or II Amount of material to be aced in the water 0 other wetlands (M). If any boxes are checked, provide the C) W number of square feet affected. (li) Dimensions of fill area Aoorox 42' x 38' ❑CW _ ❑SAV _ ❑SB (iv) Purpose of fill ®WL 1458.5 SF ❑None Building foundation and driveway. (il) Describe the purpose of the fill in these areas: Building foundation and driveway 5. 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., draglrr:c, controlled? backhm. or hydraulic dredge)? Strict sediment and erosion control best management practices. An excavator, front-end loader, Imckhoe and dump trucks will be such as silt fence and construction entrance, will be in place used to cortplete the work prim to performing any major land disturbing activities. c. 0i Will navigational aids be required as a result of the project? d. () Will wetlands be crossed in transporting equipment to pmjc� []Yes ®No ❑NA sae? ❑Yes ®No ❑NA Cn) it yes, explain what type and how they win be imdemented. n If yes, explain steps that will be taken to avoid of minimize environmental imparts. RECEIVED 5/1/2020 ILMINGTOIV, NO Data Poteat-Smith Properties, LLC MAY 14 2020 5205 East Beach Drive Applicant Name RECEIVED Project Name Dana A. Lutheran 252-808.2808::1.588-4RCOAST::w vv.nccoastalmanagement.net revised: 12126106 DCM-MHD CITY Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Applicant Signature :EIVED A 12 2020 CM-MHD CITY RrECEIV t I) DCM WILMINGTCN, NC MAY 14 2020 252.808.2808 :: 1.888.4RCOAS7:: www.nccoastalmanagement.net revised: 12126106 Form DCM MP-3 5205 East Beach Drive— Poteat-Smith Properties, LLC UPLAND DEVELOPMENT (Construction andlor land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. b. Number of lots or parcels. 1 - 30.6' X 33.8' DWELLING. WITH 159.2 SF DETACHED 1 DECK DOUBLE DRIVEWAY AND STORMWATER TREATMENT SYSTEM. a Density (give the number of residential units and the units per acre). 1 unit per 0.172 acre 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. @ If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes No (i) If yes, list the date submitted 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. 0.0° 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. 17.2% j. Describe proposed method of sewage disposal. SEWAGE WILL BE HANDLED BY THE TOWN OF OAK ISLAND I. Describe location and type of proposed discharges to waters of the stale (e.g., surface runoff, sanitary wastewater, induslnaV commercial effluent. Wash down" and residential discharges). NA m. Describe proposed drinking water supply source (e.g., well, community, pubac system, etc.) TOWN OF OAK ISLAND o. When was the lot(s) platted and recorded? PAGE 4314 BOOK 317 5/1/2020 Date 5205 East Beach Drive Project Name Pomat-Smith Properties LLC Applicant Name Dana A Lutheran Applicant Signature d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 0.172 AC f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. CONCRETE WILL BE USED FOR IMPERVIOUS SURFACES h. Projects that require a CAMA Major Development Permit may also require a Stoonwater Certification. (i) Has a site development plan been submitted to the Division of Water Duality for review? Yes GoNA (it) If yes, list the sate submitted: THE STORMWATER PERMIT WILL BE SECURED THROUGH THE TOWN OF OAK ISLAND. K. Have the facilities described in Item (i) received state or local approval? Yes(ED NA If yes, attach appropriate documentation. in. Does the proposed project include an innovative stormwater design? Y No If yes, attach appropriate documentation. n. Ill Will water be impounded? Yes No A (il) It yes, now many acres? p. if proposed development is a subdivision, will ad�Lrl1 installed for this upland development? ��'���� ter E& Yes No NA JUN 12 2020 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC MAY 14 2020 I IPage ROY COOPER NORTH CAROLINA Governor Envirommntaf Quadry MICHAEL S. REGAN Secretary BRAXTON C. DAVIS June 8, 2020 Director Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 Dear Ms. Lutheran: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Poteat-Smith Properties, LLC for State approval for development of the subject property located at 5205 East Beach Drive, adjacent to the Atlantic Ocean, on Oak Island in Brunswick County. It was received as complete on June 4, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 18, 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 4, 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. Sincerely, Ben Brink Field Representative cc: Curt Weychert, DCM USACE Robb Mairs, DWR Applicant, Poteat-Smith Properties, LLC Courtney Milliron, LPO RECEIVED JUN 12 2020 North Caroha Department ofEnvitomrxntal Quin, I avtvmorcomWMwsapeo" DCM-MHD CITY Wilmington Office 1 127 Cardinal Drive Extension I wMii9oon. Not Cambe 75405 910.79G7215 15 N0Tl(04'$lg?A CAMA PERMIT APPLIED F RE Aicant pro liq le COMMENTS ACCEPTED THROUGH -Ju& z 2o2Q ' LICANT: FOR MORE DETAILS CONT-ACT THE LOCAL PERMIT OFFIC V` R BELOW: mteat-Smith Properties LLC a-- Illy Smith Iv. o oas a anaS= ment Ma ison a s z n 127 Car -in al Dr. Ext. ' z m Wilmington, 5 went: SEGI, Inc. c/o Dana Irothq�mn o Ben rtn (910) 228-1841 s o 0 NORTH CAROLINA Enwonnrenml Ouahn June 11, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 940 Wilmington, North Carolina 29402 Re: Major Public Notice in Brunswick County • Poteat-Smith Properties, LLC • John Kilian Hello Angie: Please publish the attached Notice in the Tuesday, Jane 16, 2020 issue. ROY COOPER Govern MICHAEL S. REGAN seeae ay BRAXTON DAVIS Direeu, awsion afcm dMamgeaea 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 29405, 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. Drt & Customer Assistance cc: MHC — Curt Weychert WIRO File USACE RECEIVED JUN 12 2020 State ofN"ffi Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fi - Wilmington. NC 28405 919 7%7215 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 for a development permit in an Area of Environmental Concern as designated under the CAMA: On June 4, 2020, Poteat-Smith Properties, LLC proposed to construct a single family residence with associated freshwater wetland fill at 5205 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County; and on June 2, 2020, John Kilian proposed to expand a private docking facility to a total of three (3) slips at 162 Greensboro St., adjacent to a canal, in Holden Beach, Brunswick County. A copy of the application can be examined or copied at the office of Ben Brink (Poteat-Smith Properties, LLC) or Brendan Brock (Kilian), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, 910-796- 7425, Ben or 910-796-7270; Brendan 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 July 7, 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 JUN 12 2020 DCM-MHD CITY AEC HAZARD NOTICE Project Is In An: X e Area High Hazard Flood Am",*,. Inlet Hazard Area Property Owner: Poteat-Smith Pro erti -- Property Address: 5205 East Beach Drive, _Oak Island. NC P.'' Date Lot Was Platted: 27 Marclti 1-934 (ski 1 Pq 96,-99) This notice is intended to snake you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazard By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for fixture damage to the development. Permits issued in the Ocean Hazard Area of Enviromnentat Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structwr(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is locatedis feet per year. the rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as 3z5 landward in a major storm. The flood waters in a major storm are predicted to be about 16 —17 feet deep in this area. #�� 1 �Y:11 1• 1 r/> 1/ 1 r: Y 1 i� 1 +: Y 1 NI 4• 1 v. 1 1 111 i 1 •, 1 .� I r I. 1 1 1 1 1 1 • 1 t :� 1 t 1 L'J� /` : 111 cal p 4 a - 1 w • � • • 1 . .• 111 • r�: ew a' The applicant mast acknowledge this i nfarmation and requirmeuts by signing this notice in the space below. Without the proper signature, the application will not be complete. MembeUManaOer QA/04120 Appficarn Signature Obey t TON. NO SPECIAL NOTE: This hazardnotice is required for development in areas subject to sudden and massitestn®s and erosion Permits issued for development in this area expire on December 31 ofthe third year following the year in which the permit was issued. Shortly before work begins on the project site, the Lows Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If thepropertybas seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence of a major shoreline change as the result ofa storm within the 60-day period will necessitate temeasurement of the setback. It is important that you check with the L.PO bdbrethe pe mit a xpuea for official approval to continue the work: after the peftit has expired - Generally, if fbundadon pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue wort after permit expiration. For more information, contact.• %ls_ Ter a McPhereson (Division of Coastal M a:-- 127 Cardinal Drive Extension Adl�tsas _ Wib;;-u' ton, NC 2W5 Ladaw - 910.796.7425 Phone Akanher RECEIVED )UN 12 2020 DCM-MHD CITY R"blaw � •"-rss "a a w % YAetly M IMM rr.KrMIS 1 Wcoyc r,fr Do I ompopwlY �pcm8 k. A Adtltiuc lot Black Road. ^4 Down a+Ml« Cwnyj W naa M09 49 bK be W h wn. Me mnc'».� a, a'.at,-n am pgaq pcew^Yfa;. ttre J�rvacv�unt "e s Roaosng N drt Ioulan, xw, 1 M1+n rc oOMco�:.::> nc morosai. _APPPOCATION AND DRAWING OF PROPOccD D`V OPMEN7 ATTA t1EJl *tmr. `--` Telelxars Nlr'rAEe ._. ADJACENT RIPARIAN PROPERTY OWNER RECEIVED STATEMENT FOR CAMA MINOR PERMITS - - _- JUN 12 2-T ?z _ DCM-MHD CITY REC;cIVED DCM WILMINGTON, NC MAY 14 2020 DocuSign Envelope ID: B5ECCE85-D712-4F09-96D2-C3DC19BF104F 5205 East Beach Drive Project ADJACENT PROPERTY OWNER STATEMENT I hear by certify that I own properties or I am authorized to represent the owner of property !=—=:! _==: to Poteat-Smith Properties. LLC (herein referred to as the "Applicant') property, which is located at 5205 E Beach Drive . m Oak Leland _ North Carolina The Applicant has described to me, as shown below, the proposed development at the above lM=*'c- --AT have no objections to the proposal. INSERT DESCRIPTION AND/OR DRAWING OF THE PROPOSED DEVELOPMENT: (To be completed by the Applicant proposing the development) ***Please see attached site plan and Supplemental Document, for details of the work*** Dana A Lutheran (SEGi) Applicant (Agent) 5315 South College Road Suite E Mailing Address Wilmington, NC 28412 City/State/Zip 910.228.1841 Telephone Number Signature 5/l/2020 Date Anthony Lawrence Riviezzo, Jr. Property Owner (print) 137 S. Collier Blvd Mailing Address Marco Island, FL 34145 City/State/Zip 910-352-1757 T heo%e Number 5/12/2020 Date RECEIVED DCM WILMIIINGTON, NC MAY 14 2020 RECEIVED J U N 12 'CZO DCM-MHD CITY RECEIVED dlutheran@segi.us 'UN 0 3 2020 From: David Scibetta <dscibetta@segi.us> PQM WILMINGTQN, NC Sent: Monday, June 1, 2020 3:27 PM To: dlutheran@segi.us Subject FW: 2020-00825: [Non-DoD Source] 5205 E. Beach Dr. PJD Request Regards, David Scibetta ---Original Message ---- From: WilmingtonNCREG <WilmingtonNCREG@usace.army.mil> Sent: Wednesday, May 6, 2020 11:08 AM To: David Scibetta <dscibetta@segi.us> Cc: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil>; Beecher, Gar; U CESAW (USA) <Gary.H.Beecher@usace.army.mil> Subject: 2020-00825: tNon-DoD SourceJ 5205 E. Beach Dr. PJD Request Hi David, On 5/6/2020 we received your request for a preliminary jurisdictional determination. We have as_; _'_'"'_ Action ID Number SAW-2020-00825 and forwarded it to Mr. Gary Beecher for further processing. Thanks, Christy ----Original Message ---- From: David Scibetta [mailto:dscibetta@segi.us] Sent: Wednesday, May 6, 2020 10:07 AM To: WilmingtonNCREG <WilmingtonNCREG@usace.army. mil> Cc: Currey, Gregory E CIV USARMY CELRP (USA)<Gregory.E.Currey@usace.army.mil> Subject: [Non-DoD Source] 5205 E. Beach Dr. JD Request Hi Christy, Regards, David Scibetta RECEIVED JUN 12 2020 _ DCM-MHD CITY 5205 East Beach, Oak Island LAMA Maior Proiect Narrative 9 r ci i Appendix C Brunswick County Parcel Information BRUNSYnCK COUNTY HARPER GINGER W EIVIR HARPER LIMES M III RNue1/ApPtl� Patvi: 2490E012 Na e: MT: UNIQ ID 11280 125105 ID NO: 206508995163 �100), POSHER N(ISP TAX ;IOC . CsX ISIFND 'i0C`,. 6VC ISLAND CARP NO. 1 FIRESM96WICKCOUIRY d 1 F-3 Wv: 2019 Ta Vur. lr3 8-6 5-1 t8 PCAT 1/96 -6 S 20 3.0000 IT SRC= 4»- led T 33 Cr 0925.2'19'06F OA I5LPNO-Na1%UIjV-50UTN TWIJ3 e- �- EX- :T- I:ST AMO. 1a De zDSc-e LOra-IRL3eIIDN DETAn FIARLET VALUE DEPIEownox mRREeATEDN of vALLE OTAL POINT VALUE Bg9E P+aa RATE .EDENCE TO BUO-DI1/6 AD)USTEMTS 9e C0 %BDOD BUILDING VALUE -CARD 0 -'LAM FACTOR !L QUALT MOEY TrPE: `..CA��'u=-'.0 SHE: FDR OB/XF VALUE -CARD 0 LAND VALUE - CARD 243.000 OTAL MARNEF VALUE - CARD 245AM DIAL APPRAISED VALUE - CARD 245,0FG DIAL APPRAISED VALUE - PARCEL 24SAM OTAL PRESENT USE VALUE - PARCEL 0 DIAL VALUE DEFERRED- PARCEL 0 DIAL TAXABLE VALUE- PARCEL 245.DOC �INPRIOR 6 :E C ti -IUE L 'SD US 25.000 %' 5RRE OSE`UE C VALUE 0 ALRED . TqL VALUE 250GC PERMIT CODE I DOTE NOTE I NUINIER AMOUNT DOLT: 'ATFS4D: SALES DATA TE DEED LLOIGTE SALES IYPE / PRICE 3 all 2 D2 Ow" Q C 653C 1522 302i 1! ZCO; n0 U S,-0C 'F]9 .,959 5 399 oq U -CH HOMES SUBAREA RPL SCRIPil PRICE ORIG % COND SIZE FACT ANN DEP EY RATE % OB(XF DEPR VAIUE CS ICU TYPE AREA [5 DIAL OB/XF VALUE REP A[E OTAlS UILDING DIMENSIONS AND INFORXIIIIOX ENIS AND UXD TOTAL Fici.EIv-=0 DCM WILMINGTON, NC MAY 14 2020 RECEIVED 71Pagc (5/12/20) JUN 12 i02J DCM-MHD CITY 5205 East Beach, Oak Island CAMA Major Project Narrative F G Appendix D Google Earth Aerial DWR NECFR Water Classification Maps RECEIVED DCM WILMINGTON, NC MAY 14 2020 RECEIVED S[Page (5/12/20) JUN 12 2020 DCM-MHD CITY 5205 East Beach, Oak Island CAMA Major Project Narrative SF cii Appendix E Vicinity Map IVED 2020 CITY DCM WILMING T C. N, N,C glPage (5112/20) MAY 1 4 2020 5205 East Be" Oak Island CAMA Maior Proiect Narrative 9 F C]i Appendix F DWR Water Classification Map 9 PROJECT LOCATION RECEIVED DCM WILMINGTON, NC MAY 14 2020 RECEIVED JUN 12 2020 101Page (5/12/20) DCM-MHD CITY 5205 East Beach, Oak Island CAMA Maim Proiect Narrative Cj F Cji Appendix G Brunswick County GIS Flood Map RECEIVED DCM WILMINGTON, NO MAY 14 2020 RECEIVED 111Page (5112/20) JUN 12 2020 DCM-MHD CITY 5205 East Beach, Oak Island CAMA Major Project Narrative `j F Cji Appendix H Adjacent Riparian Property Owner Maps t; 1 001 249DD 003 249DD Ofl4 .5201 203 ` %f V ARPO #1 Project Site ems- ARPO #2 o a von Q 4' O J er � a RECEIVED DCM WILMINGTON, NC MAY 14 2020 RECEIVED 121Page- (siiz 2o) JUN12202 DCM-MHD CITY RECEIVED DCM WILMINGTON, NG �i ye f REAR PR PER - REAR PROPERTY UNE EDGE OF PAVEMENT RBI 2 2020 CITY VICINITY MAP NOT TO "Al ATLANTIC OCEAN IRF ------4 1 SEED & STRAW ALL DISTURBED AREAS TWO (2) TREES TO BE 15' IN HEIGHT OR OVER— T MATURITY MUST BE PLANTED OR REMAIN AFTER ONSTRUCTION PER EACH 1450 SF. OF LOT AREA. : ONE 9' X 16' PARKING AREA MUST BE Revieao Revocable L N Trust ROVIDED ON THIS PROPERTY PER HABITABLE 249DE011 DOM MINUS ONE COMPLETELY OFF OF THE TREET RIGHT—OF—WAY. I WATERWARD 1pE�i I I 8.5 DT AREA - 7500.0 SF 5 OTAL IMPERVIOUS AREA I I RIDGEDGE 0 1290.1 /75Da.0)100=17.21G I I RFA % RETENTION CALCULATIONS I 61b. =(217.9 SF X 1.5)/12=27.2 CF/1.76=15.5-15 LF O -(274.8 SF X 1.5)/12-34.4 CF/1.76-19.5=20 LF O I -(224.0 SF X 1.5)/12-28.0 CF/1.76-15.9-20 LF .(224.0 SF X 1.5)/12=28.0 CF/1.76-15.9-15 LF -(174.7 SF X 1.5)/12-21.8 CF/1.76=12.4-15 LF 86 DEVELE PMEN7 =(174.7 SF X 1.5)/12=21.8 CF/1.76-12.4-15 LF 'OTAL VOLUME TO BE RETAINED=161.2 CF RIDGE OF DU- NOTE THIS PROPERTY LIES WITHIN THE CAMA 7.0't — M OCEAN ERODIBLE AREA OF ENVIRONMENTAL CONCERN I I LANDWARD TOE ir1 NOTE: SILT FENCE & CONSTRUCTION I ENTRANCE TO BE PER TOWN OF 4.3't , OAK ISLAND STANDARD DETAIL OR I I I I APPROVED EOUAL IN WETLAND IMPACT 4' ESTABLISH VEGETATIVE I I AREA.1458.5 SF—{� I COVER (TYP) ATTACH DOWNSPOUTS I l' 12- NATIVE FILL TO 4* PERFORATED 1 PIPE 1 5.0' FROM FOUNDATION \ ,Pp 1 TILT (' / ,FILTER FABRIC I AGGREG4TE �WETLANDS FZPROPOSED WETLAND IMPACT �' 1455.5 SF / 0.033 AC 12- LEGEND (IF USED) M HIGH WATER LINE IUM BUILDING LINE REBAR SET ATLANTIC OCEAN N 80'06'29" W &N* 6.2'f 2D' M13L r Public M.,,9 eM Resource. 249DE013 FIRST LINE OF STAB B.1' 1ffri TATIDN (FL 212020 O I LANDWARD TOE I O W I 6.0't I�+2000 USAGE MHWL &o U7) I 22.6 DETACHED I 60 LANDWPRQ�SETBACK _Z FROM (FLOSV) . Ij -3 CRY .7 H )TABLE R a' 1 1998 STATIC _ 'T.ON ILINIv:,. VJ'GETATION UNE T 5.7•+ F®uN AT10N,. 10.9+ - . oL . . L � 80NC, C 15' MBl m I 14.9' T^ 1T" 4.9• J I WETLAND IMPACT AREA 5205 EAST BEACH DRIVE 69 ROW DIMENSIONS NOT TO SCALE 6.1t RECEIVED 6.z't 17, —I-- =SILT FENCE TRAN.TRANSFORMER CB=CABLE PEDESTAL TP-TELEPHONE PEDESTAL CAMA=COASTAL AREA MANAGEMENT AGENCY SSMH-SANITARY SEWER MANHOLE SSCO=SANITARY SEWER CLEANOUT F.E.MA=FEDERAL EMERGENCY MANAGEMENT AGENCY F.I.R.M.- FEDERAL INSURANCE RATE MAP yc — JUN 12 2020 5 NIL Ir DCM-MHD CITY 38.5 OAK ISLAND ZONING GRAPHIC SCALE 13 9 7.5 15 30 R-7 1 INCH = 30 FEET SETBACKS FRONT- 15 SIDE- 8'. C=10' RrAR- 20 TAX PARCEL # 249DE012 FLOOD CERTIFICATION: �. THIS PROPERTY LIES WITHIN F.E.MA. SPECIAL FLOOD HAZARD AREA VE 12, CAMA MAJOR PERMIT SITE PLAN AS SHOWN ON F.I.R.M. 3720206500K DATED 5/28/2018. IlllnIIIIIIIIII(IIIIIIII NIIIliI� 3' M. cl W B,r.iok Canty, NC Ragistar of Deeds R I of 3 Bre M. Cls Realatar of D.W. 02-11-2120 15:25:44. let Brwsalok County, K NC REVENUE STIW: $417,00 (ae72esa) 7 R nt $ Ck B. Cash$ � _ Cash$ F;9anca____ '1.1mofdocunen1dre1101yeduelcoxiin n original. -•,-ancont9lMs�GV9nfi¢d tryoriginal NORTH CAROLINA GENERAL WARRANTY DEED This instrument prepared by Geddurps & 10cm PLLC licensed North Carolina atmroeys. Delinquent tales, if any, to be paid by the dosing attorney w the Brunsu4dr County Tax Collector upon disbursement of closing proceeds Excise Tax $ yf 7 0 Parcel ID: 249DE012 Brief Description For The Index: L-3B-6S-1 THIS DEED made by and between, GRANTOR Ginger Willis Harper, Unmarried 3534 Airport Road SE Southport, NC 26461 GRANTEE Poteat-Smith Properties, LLC 5704 Madison Oaks Court Greensboro, NC 27407 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, 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 in fee simple all that certain lot or parcel of land situated in Brunswick County, North Carolina and more partindarly described in EXHIBIT A, attached hereto and made a part hereof. Geddings& Kleva. PLLC 8721 East oak island Drl a oaf Island North CarpMa 28465 RECEIVED REGEILrr,U DCM WILMINGTON, NC JUN 12 .1020 MAY 14 2020 DCM-MHD CITY 8,.daM, Cl.- MOP Brunsuack County, NC Re ter of Oeeds page 2 of 3 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 the 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 following exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1- Ad valorem taxes for the current year, 2- Restrictions, easements and rights -of -way of record. The property being conveyed is_/isnot _JOLthe seller's primary residence IN WITNESS WHEREOF, the Grat for has hereunto set his hand and seal. (SEAL) Ging r W' s Harper STATE OF YUG COUNTYOF Fj1WSA k-A? 1, the undersigned Notary Public of the County and State aforesaid, certify that Ginger Willis Harper personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this �Z day of N 20. . OFV A Notary IVuGlic My commission expires: � NOTARy r Geddings& Kte a, PLLC 8721 £art Oak 1sladDrwg Oak ltlwd, Norlh Carolina 28465 REGEiv RECEIVED a—) DCM WILMINGTON, NC JUN 12 2020 MAY 14 2020 DCM-MHD CITY I - s� r C er o..as • 16. M. aV4a f 3 BEING a8 of Lot 3, Block 6, Section 1, of Long Beach, now known as Oak Island North Carolina, according to a map thereof duly recorded in Map Book 1 at Pages 96-99 of the Brunswick County Registry, said lot having the metes, bounds and location as shown on said map. For back reference see Deed recorded in Book 1522, Page 1027 of the Brunswick County Registry. James Madison Harper, III died on July 6, 2018 in Brunswick County, North Carolina. For more information see death certificate filed In Book 105, Page 542. RECEI eDr KkK 8721 East Oak Island DWKr� oJUN 1 2 a c wliw2S s DCM-M R CEIVE-D DC�✓ "VIII VINGTON, NC MAY 1 4 2020 VICINITY MAP NOT TO SCALE ATLANTIC OCEAN TWO (2) TREES TO BE 15' IN HEIGHT OR OVER — MATURITY MUST BE PLANTED OR REMAIN AFTER NSTRUCTION PER EACH 1450 SF. OF LOT AREA, ONE 9' X 18' PARKING AREA MUST BE Revieao Revocable living Twat )VIDEO ON THIS PROPERTY PER HABITABLE 249DE011 )M MINUS ONE COMPLETELY OFF OF THE 2EET RIGHT—OF—WAY. O I I I WATERWARD I AREA = 7500.0 SF 'AL IMPERVIOUS AREA I RIDGE OF DU �0.1 /7500.0)1 00=1 7.2% 17.9 SF X 1 74.8 SF X 1 24.0 SF X 1 24.0 SF X 1 74.7 SF X 1 74.7 SF X 1 N5 I1 68' DEVELOPMEN LINE TOTAL VOLUME TO BE RETAINED=181.2 CF RIDGE OF DUN" NOTE: THIS PROPERTY LIES WITHIN THE CAMA 7.0t a OCEAN ERODIBLE AREA OF ENVIRONMENTAL CONCERN T NOTE: SILT FENCE & CONSTRUCTION I I I LANDWARD TOE � ENTRANCE TO BE PER TOWN OF I 4.31 OAK ISLAND STANDARD DETAIL OR APPROVED EQUALWETLAN ����ppqC ESTABLISH VEGETATIVE ( I I AREA-1458.5 SF� COVER (TYP) ATTACH DOWNSPOUTS 72' NATIVE FlLL TO 4' PERFORATED 5.0' FROM FOUNDATION PIPE 3r--1T'' c0[1L;1 Pli INGG0 _ /,FILTER FABRIC WETLANDS CF/1.76=15.5-15 LF CF/1.76-19.5=20 LF CF/1.76-15.9-20 LF CF/1.76=15.9-15 LF CF/1.76=12.4-15 LF CF/1.76-12.4=15 LF �PROPOSED WETLAND IMPACT AREA 145&5 SF 10.033 AC 9, LEGEND (IF USED) ATLANTIC OCEAN N 8906'29" W 6.S* 20' MBL x ibManagement Ree rce� . 249DE013 FIRST LINE OF STABI[E se W 08.6't I I Wi O► 1�1200Q .USAGE M i -MEWL .01 L0 O I IANOWPRR—SETBACK I Z FROM (FLOSV) I I I!I 1998 STATIC —TION LINE 5.73� ---- L 15' MBL w 15.8'f yE�12 14.9' 1�.9' I WETLAND IMPACT AREA 5205 FAST EACH DRIVE 6O' ROW DIMENSIONS NOT TO SCALE 6.1't 6.2't �n —a-- =SILT FENCE TRAN-TRANSFORMER CB=CABLE PEDESTAL TP-TELEPHONE PEDESTAL CAMA=COASTAL AREA MANAGEMENT AGENCY SSMH=SANITARY SEWER MANHOLE SSCO=SANfrARY SEWER CLEANOUT F.E.MA.=FEDERAL EMERGENCY MANAGEMENT AGENCY F.I.R.M.— FEDERAL INSURANCE RATE MAP FLOOD CERTIFICATION: I. THIS PROPERTY LIES WITHIN F.E.MA. SPECIAL FLOOD HAZARD AREA VE 12 AS SHOWN ON F.I.R.M. 3720206500K DATED B/28/20I& GENERAL NOTES: 1. MEASUREMENTS ON THIS MAP ARE IN FEET AND DECIMALS THEREOF, 2. ALL SET CORNERS ARE 5/8' IRON REBAR UNLESS OTHERWISE NOTED. 3. THIS PROPERTY MAYBESUBJECT TO ADDITIONAL EASEMENTS. RIGHTS OF WAYS AND RESTRICTIONS NOT DISCERNIBLE BY OBSERVATION AT THE TIME OF SURVEY OR THAT MAY BE OF RECORD. NO TIRE SEARCH BY THOMAS D. VON CANON. REFERENCES: 1. PLAT OF TRANQUIL HARBOUR. SECTION 1. RECORDED IN MAP CABINET 1, PAGE 96 ON 3-18-1939 IN THE BRUNSWICK COUNTY. NORTH CAROLINA REGISTER OF DEEDS. 2. DEED BOOK 1522. PAGE 1027 RECORDED IN THE BRUNSWICK COUNTY. NORTH CAROLINA REGISTER OF DEEDS. vq ZONING GRAPHIC SCALE 13 7 5 15 30 R-7 IN pq 1 INCH - 30 FEET SETBACKS FRONT- 15 SIDE- 8', C-10' REAR- 20r TAX PARCEL # 249DE012 CAMA MAJOR PERMIT SITE PLAN FOR POTEAT-SMITH PROPERTIES, LLC LOT __ BLOCK 6, SECTION 1 LONG BEACH OAK ISLAND, SMITHVILLE TOWNSHIP BRUNSWICK COUNTY, NORTH CAROLINA VCS & CO., INC. C-2160 1 YAUPON WAY OAK ISLAND, NC TELE. (704) 361-1557 EMAIL vcsbrunsco®ec.rr.com c 0 � m m _ o Z m n o v N' m 0. m G m a