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HomeMy WebLinkAbout31-19 Town of Oak IslandPermit"Class NEW Permit Number 31-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Oak Island c/o Steven Edwards, 4601 E. Oak Island Drive, Oak Island, NC 28465 Authorizing development in Bnmswick County A. to the Atlantic Ocean, at 4907 Each Beach Drive, Oak Island as requested in the pemittee's application dated 08/02/18 & Ocean Hazard AEC Notice dated 10/23/18 incl. attached workplan drawings (2) 1-2 of 2 both dated 10/30/18. This permit, issued on May 10, 2019 , 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 fines, imprisonment or civil action; or may cause me permit to oe nun anu 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 drp,*n ED (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, 2022 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 pf*-%1`W f of the Coastal Resources Commission. ������YY�� Braxton C. D s, Director Division of Coastal Management This permit and its conditions are hereby accepted. S ature of Pemittee Town of Oak Island ADDITIONAL CONDITIONS Permit No. 31-19 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. 5) Any fill waterward of the 60' setback from the first line of stable natural vegetation is hereby deleted. 6) Any development, including decks and/or fill, waterward of the Town of Oak Island Development Line is hereby deleted. 7) 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 AEC standards, the more restrictive standard shall apply. 8) All fill material shall be clean and free of any pollutants except in trace quantities. 9) 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. 10) All foundations shall be adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. 11) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. 12) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) 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 measgng]MVC4) under CRC Rules. Sedimentation and Erosion Control JUN 03 2019 13) Appropriate sedimentation and erosion control devices, measures or structures shall be ngMrffeh'tedf6 ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). Town of Oak Island ADDITIONAL CONDITIONS General Permit No. 31-19 Page 3 of 3 14) 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. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) 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. 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. 20181593 vl. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2019- 00475. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED JUN 03 2019 DCM-MHD CITY Notes I PN/Comment Deadline: 11�174 too Day Comment Period: �Ld (w-T2uz-tds IZ�r�(�u - (sswzd (n�Ld ie� add `t4-Ii� 3r2�1,�— r�ccr� add ��� rs�►� off4q4 &tended RECEIVED MAY 2 0 2019 DCM-MHD CITY 11 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Town of Oak Island PROJECT NAME: SFR w/Jill x3 COUNTY: New Hanover LOCATION OF PROJECT: 49054W& 4909 E. Beach Dr., adjacent to tke Atlantic Ocean, in Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-9-18 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No FIELD REPRESENTATIVE: MacPherson DISTRICT OFFICE: � WII.MINGTOAECEIVED DISTRICT MANAGER REVIEW: )`)/� B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE REC D: 11-22-18 on hold;I?f I1/f3 Off W : 314/14 ADJ. RIP. PROP NOTICES REC'D: Yes y C) 75 DAY DEADLINE:1-23-19 Kmo' MAIL OUT DATE: 11-19-18 PERMIT FINAL ACTION: ISSUE_U ! FEE RECD: $250 # 07412 MAY 2 0 ?01.9 ON: DCM- END OF NOTICE DATE: 12-12-18 DCM-"HD ClTy DEED RECD. Yea 150 DAY DEADLINE: STATE DUE DATE: 12-12-18 DENY_ AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep �It DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section DWR— PublicWaterSupply 'fj C DEMLR — Stormwater & Sed/Erosion aa U [ U X et alte DOA — State Property Office Wildlife Resources Commission ( Z 1 115 DMF — Shellfish Section DMF — Habitat & Enhancement 11 5 (C) DNCR—Archives & History 4101 X DNCR — Natural Heritage Program 12 1+ 6 NCDOT Rural Development Division 11 40"T MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner RECEIVED Subject: Consistency Determination — 4909, 4907 and 4905 East Beach Drive — Oak Island, Brunswick County MAY 2 0 2019 Date: April 4, 2019 OCM.MHD CITY The applicant proposes to construct single-family residences with associated freshwater fill. The project is located at 4909, 4907 and 4905 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 V Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, December 13, 2018 12:10 PM To: Spears, Courtney; Coburn, Chad Subject: [External] Town of Oak Island lot fill permit applications CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Good afternoon, RECEIVED This email is to notify you that the Corps' is processing 3 separate NWP 18s for the following projects: MAY 2 Q 2019 4905 E Beach 4907 E Beach 4909 E Beach "CM-A4HD CITY A JD was issued under AID: SAW-2018-00379 for all 3 lots. Additional AIDS will be created for 2 of the 3 lots as we are reviewing each as single and complete projects. Also, please note that all three applications are incomplete, as no mitigation statement was provided with the applications. The applicant will be notified that compensatory mitigation is required for the proposed fill on all 3 lots. The Corps will not process these applications until acceptable compensatory mitigation is provided. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, March 18, 2019 3:03 PM To: Steve Edwards Cc: Spears, Courtney; Coburn, Chad Subject: [External] RE: Application incomplete CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<mai Ito: repo rt.spam@nc.gov> RECEIVED Steve, MAY ? p 2u19 I wanted to follow up with you and let you know that we have completed the NC WAM on the wettlland locaHd�it �i� three parcels and have determined that compensatory mitigation is not required in this case. I will be working on the authorizations over the next several days, and should have them finalized by late this week early next. Please let me know if you have any questions. Thank you, Liz -----Original Message ----- From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Wednesday, February 13, 2019 12:47 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: Application incomplete Hi Liz, Just touching base to see where you are with the NC WAM. Thanks, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910)278-1811 -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Monday, January 28, 2019 5:10 PM To: Steve Edwards Subject: RE: Application incomplete Great- thank you! We will see you tomorrow at 11:30. Liz -----Original Message ----- From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Monday, January 28, 2019 5:01 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: David Kelly <DKelly@ci.oak-island.nc.us> RECEIVED Subject: [Non-DoD Source] RE: Application incomplete Liz, MAY 2 p 2019 I have attached a screen shot of Brunswick County's GIS mapping of the properties in hopes it clears p Md'd�s�irigj�rror. You are correct in that the Town does own additional parcels in the 46th block of E. Beach in addition to the subject lots. I am also familiar with lots 14 & 15 with action ID SAW-2017-00289. These lots belong to the John Murray and his brother, which were permitted under the action ID with mitigating based on the WAM assessment. I will see you tomorrow at 11:30 a.m. on site. Please call my cell if you do not see me on site: 910.523.2439 Thanks and look forward to seeing you tomorrow. Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mill Sent: Thursday, January 24, 2019 5:16 PM To: Steve Edwards Cc: David Kelly Subject: RE: Application incomplete Steve, I am touching base regarding the site visit scheduled for Tuesday, January 29 at the sites identified as 4905, 4907, and 4909 East Beach Drive in Oak Island. Based on the information submitted with the application, the sites are located along the oceanfront, in between SE 49th St and SE 52nd Street. However, when I search on the addresses, the sites are located West of 49th Street. These three lots are owned by other entities, and not the Town and are associated with a previous action ID SAW-2017-00289 (lots 14 and 15). The lots which show Town ownership are those identified as 4601 East Beach Drive. Please clarify the location. We will meet you onsite at 11:30 am. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 -----Original Message ----- From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.usJ Sent: Wednesday, December 26, 2018 11:09 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: David Kelly <DKelly@ci.oak-island.nc.us> Subject: [Non-DoD Source] Re: Application incomplete Thanks Liz, I will wait to hear from you to confirm time. Thanks again, Steven Edwards Development Services Director Town of Oak Island 910-201-8052 From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, December 21, 2018 5:32:35 PM To: Steve Edwards Cc: David Kelly Subject: RE: Application incomplete Steve, RECEIVED MAY 2 0 2019 DCM-MHD CITY I wanted to follow up with you prior to leaving for the holiday. We are able to conduct a site visit on Tuesday, January 29th in order to complete the field work/data collection necessary for the NC WAM. My supervisor, along with the Corps Brunswick County representative (Gary Beecher), will be accompanying me. As we get closer to the date, I will be in touch to firm up a time. Happy holidays! Liz -----Original Message ----- From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Wednesday, December 19, 2018 8:51 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: David Kelly <DKelly@ci.oak-island.nc.us> Subject: [Non-DoD Source] Re: Application incomplete Liz, Thank you for getting back with me so quickly and yes I would like for you to schedule a site visit in January to perform a NC WAM. My schedule is flexible so just let me know the date and time and I'll meet you on -site. Thanks again, Steven Edwards Development Services Director Town of Oak Island 910-201-8052 From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, December 19, 2018 6:06:09 PM To: Steve Edwards Cc: David Kelly Subject: RE: Application incomplete Steve, RECE1VEE MAY 2 0 Z019 DAM-MHD clry Thank you for your quick response. I will need to complete the NC Wetland Assessment Method (NC WAM) to determine the wetland rating for this site in order to justify not requiring compensatory mitigation for the permanent loss of wetlands located on a barrier island. These resources are limited due to their geographic location, development pressures, and provide important functions and values such as flood attenuation, pollutant treatment from runoff, and habitat. We typically require compensatory mitigation for any wetland fill impact on barrier islands, regardless of size for the reasons mentioned above. Unless you or someone on your staff are trained in NC WAM, or unless you hire an environmental consultant who is trained in NC WAM, I will need to conduct a site visit to complete the data collection. It would be sometime in January before I could get to the site. Please let me know if the Town can complete this work, or if I need to conduct a site visit. I hope you have a happy holiday and look forward to hearing back from you. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 -----Original Message ----- From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Tuesday, December 18, 2018 12:56 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: David Kelly <DKelly@ci.oak-island.nc.us> Subject: [Non-DoD Source] RE: Application incomplete Ms. Hair, RECEIVED MAY 2 0 2019 DCM448D CITY Thank you for your response in seeking additional information regarding compensatory mitigation. It is Oak Island intent to not provide compensatory mitigation due to the low value and size of wetland area and its impact. The total square footage of the wetland area and impacts are less than 2115.5 sq. ft. This wetland area is an isolated pocket of wetlands with no connectivity to any adjacent wetlands or navigable waters; it is adjacent to the Atlantic Ocean, but is separated by the beach. In addition, this wetland pocket is actually from the results of the Section 1135 project that Oak Island received in 2000, which left a depressed area that has now been identified as 404 wetlands. An identical pocket of wetlands near this site was recently issued a general permit, SAW-2017-00289, without compensatory mitigation. I ask that you take this information into consideration and not require compensatory mitigation. Respectfully, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Monday, December 17, 2018 10:03 AM To: Steve Edwards Cc: courtney spears; Coburn, Chad Subject: Application incomplete Mr. Edwards, Please see attached Request for Additional information (RAI) for the following project: Corps Action ID: SAW-2018-00379 County: Brunswick Project Name: 4905, 4907, 4909 E. Beach Drive lot fill Please note that your application cannot be further processed until the requested information is received. Thanksyou, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 RECEIVED MAY 2 0 2019 DCM-MHD CITY wok Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, March 21, 2019 5:23 PM To: Steve Edwards Cc: Spears, Courtney; Coburn, Chad; MacPherson, Tara Subject: [External] 4907 East Beach Drive lot fill/SAW-2019-00379 Attachments: plans 4907.pdf, 2017NWP18.pdf, SAW-2019-00475 4907 E Beach NWP 18 Tearsheet- signed.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> RECEIVED Steve, Attached please find the signed Corps authorization, plans, and NWP 18 for the following project: MAY 2 0 2019 Corps Action ID: SAW-2019-00475 DCM'MHD C17-V Project Name: Town of Oak Island/ 4907 E Beach Drive Please let me know if you have any questions or if you would like a hard copy mailed to you. The Corps authorization for 4909 East Beach Drive will be finalized either later today or tomorrow. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 U.S. ARMY CORPS OF WILMINGTON DISTRICT Action Id. SAW-2019-00475 County: Brunswick County U.S.G.S. Quad: Southport GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Town of Oak Island RECEIVED Attu: Mr. Steve Edwards Address: 4601 E. Oak Island Drive Oak Island NC 28465 MAV 2 0 2019 Telephone Number: 910-201-8052 p sedwards(a ci.oak-island.nc.us N-IwHt) L.171, Size (acres) 0.17 Nearest Town Oak Island Nearest Waterway Lone Bav River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.9095723568891 Longitude:-78.1141188780072 Location description: The project site is located at 4907 East Beach Drive, along the ocean front of Oak Island, in Brunswick County, North Carolina. (Parcel ID no: 249DF011). Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with the construction of a single family residence. Permanent impacts to waters of the U.S. total approximately 0.03 acre of wetland permanently filled for building pad and driveway area. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 18 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated November 19, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. 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 obtaAL}®uired Federal, State or local approvaWpermits. If there are any questions regarding this verification, any of the conditions of the Permit, or the C{Wo$ I gagrs regulatory program, please contact Sarah Hair at (910) 251-4049 or Sarah.E.Hairausace.armv.mil. DCM WILMINGTON, NC SAW-2019-00-L Corps Regulatory Official: --Z,. Date: March 21, 2019 Expiration Date of Verification: March 22, 2022 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that maybe 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. M The aquatic resources within the above described project area have been identified under a previous action Please reference the approved jurisdictional determination issued August 23, 2018. Action ID: SAW-2018-00379. B. Basis For Jurisdictional Determination: See the Approved JD described in Section A5 above. C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1 OM15 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 N/A. SAW-2019-00475 It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: wazd rah Hair Date of JD: Aueust 23, 2018 Expiration Date of JD: August 23, 2023 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://co[psmapu.usace.army.mil/cm anex/Pp=136:4:0. Copy furnished: NC DWR-Mr. Chad Coburn NC DCM-Ms. Courtney Soears/Ms. Tara MacPherson RECEIVED MAY 2 0 2019 DCM-MHD CITY RECEIVED MAR 21 2019 DCM WILMINGTON, NO Action ID Number: SAW-2019-00475 County: Brunswick County Permittee: Town of Oak Island, C/o Mr. Steve Edwards Project Name: 4907 East Beach Drive/Town of Oak Island Date Verification Issued: March 21, 2019 Project Manager: Sarah Hair 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: Sarah Hair 69 Darlington Avenue Wilmington, North Carolina 28403 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 VICINITY MAP NPT m saw ATLINTIC OCEAN EAST EACH ORTJE ATLAHM OCEAN NOTE T 5 PROPERLY IJES WITHIN THE CAMA OCEAN ERODIBLE AREA OF i6.0' ENVIRONMENTAL CONCERN. 5.83 WATFRWARD TOE S 74'29'00" E r m 1 11.72 _N EAST PELICAN DRIVE w n FIRST ONE OF(f�9ABBLLE BEM of E ORifAI ;o.vcvao i S 17310W 34.67 62t I'ODWwwls i 57 -5 'a1.4o W3 N 771642W . 104 J 4 N 198; I X1.26 5' O 67 3160...744 o 28D04 20W _wo— 934 M-t7rQ -- I8 A113 0!F{Yy-g' 03A1303� 16D OFFSET. FROM.j_.. O n (\ /�' I KJ I I z I ?.? 3- sPDT I 6j GROUND ELEVAnONS 5.1't CI:TmF� Tw.T TH1s cDPr of THLS PUT AccuRAT&.v DEPICTS 7.J•i 80WVM OF THE AURISDIC904 OF SECMN 404 OF THE N WAIER ACT AS DET6HWNED W THE UNOERMNED ON 1W UNLESS THERE IS A CNRGE IN THE UW. OR OUR P1UJSK` iWTDNS. THE DETERMWIAUOR OF SECTATN 40a AIR6OICLiON BE REOED UPON FOR A PSWO NOT TO MEED FIVE (5) S FROM TIPS DAM THE WiDERWHED COMR07ID d RMMATION UTKIZN THE APROPMATE -REGIONAL SUPPLETAENT NE 196I U. S. ARW CORPS OF ENGINEERS )15rLWID5 ff RON MMIUAL. AC ID NO ME SEAL L-3586 151 50.00' i 120 E 11.1"t p' kw 26 � O m 11.1't--_3 1Z - 1 n Sfis' 4907 EAST BEACH DRIVE 60' PUBLIC R1 W—,Gf—WAY a000 cEArmlavnEr- . ... I. T6 RNIP6fD' }1P5 WNW'I fF.ALA $PECp_ FLOUtl w1LWD NKA VE-12 AS SHOWL! ON F'1RJL STrAR045o0M, iniED 8%2W/RPB. (YtERK NDTF3: 1. IR58RFdC DSN RE 3 ➢ROPl�Y 71r �461�q'{5', ^S✓ ST'QF b1EoF5w MT WY BE 4s'�Rcm��:' BY TMOINS o. VON dW'JN Fffya< CES' 1. RAT OF LWSEC11pH & Nk.IMC26MLT L1. PIM RIMIStER'Of'rGq��{B{FI/G/N.o[F9Sa�f.Tvm IN NE• AM6Ir 2 NORIN C/AOfYM P ffF BRU101IfX CUUAY, 116 6 M CFR1iY "QMT m OCIJt .'qp1,"RO£4 1 51>N' rNE PIOOPERM 91oYaA YMl ]b6 F Al A TIMr AC rINP SWiS AIMD F F torts oc t>E 91a}IMGL i Aitr. A(E SNOIRL � +ii6 AREA OF PROJECT: Tnwn 40ak Island - 4907 F- Bcath Dr_ DATE: 10/30/2018 Pagc I OF 2 R-7 15' M.P "G"` zo' H': V• �TA� TAX PAF4CE4- If 2490P011 SURVEY 1 OF 2 2:. 'TO'0 PF, OW L5l'MWIUvfNGT N. NC LOT 4 NOI' 0 9 7015 BLOCK 8; SECTION 1 LOW $F1A H VCS...& CO., INC. C-2160 1 YALIPON WAY TELL. (704) 361-1557 i r F> vivo St.. Zan ATLANTIC QCF,AN AREAS TO 9E ALCEAj "' r, t e +w 7T{ [ •L'4 fti al %'. & "�M SI a r n I l ray t- �a f '• t r � S Y,�rt�3" r il+oa x p'T k 1 ° Q "MIS . ,.�f5`krr�L R1f LQ'jy__ Y • Q> AY tK>P'.{�r'S1`f S99§ E gpL Eby UL09iI I.�.. k . -':Y.x -+l i i}J kt�iC {: DC lip9-0iQ L t of r���,; x '" r,- n ""'Oat L� PAvpaEMf �f e f 6tlllEft UN OP - IL1; e'4 t I fCF�U t' 7 4�907 EASE; ;B ACK DRIVE �0'PUBUGWG}IT OF=WAY - v ,. NOW 0. � h i kf Y+t' 5 ✓ � i L t � I PaY J 3 r �l is' = A r ATLANTIC OCEAN AREAS TO BE FILLED f rvri .n AA w rmluN ro 50.00' wx*wus 10 Wcv M- 4a xr. Ix+50 torw urcA•xau] V. rms� arc or srei[ � b b 1+00 10N. N %'F,.. L ApB_rjh N 110EC MI[ H-i) ROT ad N,E —EDGE OF PAVEMENT CER UNE OF —NTE EAST BEACH DRIVE�j �2 490/ Q,EAST BEACH DRIVE PUBLIC RIGHT-OF-WAY OWN OF OAK ISLAND PROFILE SGAUD VERERIr-M,: I Y4-10 U. / HORIZONTAL: 1 IN.-40 Ff. ---- EXISTING GRADE FINISHED GRADE ® FILL AREA RECEIVED 404 FILL AREA MAY 2 0 2019 DCM-MHO CITY OAL_ ROY COOPER Gown'or 0 MICHAEL S. REGAN Seuerary BRAXTON DAVIS NORTH CAROLINA Dirwor, Dlvwhm (VC,ea( Environmental Qualto, managemae November 19, 2018 MEMORANDUM: FROM -Assistant Major Permits Coordinator RECEIVED NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 MAY 2 0 2019 oourtnev.spears((Dncdenr. aov SUBJECT'. CAMA/Dredge & Fill Application Review DCM_A4HD CITY Applicant: Town of Oak Island Project Location: 4907 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of a single-family dwelling with associated freshwater wetland fill Please indicate below our a enc 's position or viewpoint on the proposed project and -�� at the address above by December 12, 201 & If you have any questions regarding the proposed project, contact Tara MacPherson 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. � /nV/K A- Bias.., D f4bl-c Wa " — >�4k 1l 9�� RECE6VE� — DCM WILMINGTON, NC APR 0 5 2019 State of North Carolina I Er vironmenml Quality I Coastal Management 127 Cardinal Drive E ot., Wilmington, NC 28405 919 796 7215 November 19, 2018 MEMORANDUM. FROM: — Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964Fou'rle'r4 f6-33) courtnev.soears0ncdenr.eov SUBJECT: CAMA /Dredge & Fill Application Review ROY COOPER Gowen r MICHAEL S. REGAN Secmmn BRAXTON DAVIS I7ireclnr Divminn "fO.'slal Management RECEIVED MAY 2 0 2019 Applicant: Town of Oak Island DCM-MHD CITY Project Location: 4905 E. Beach Dr., adjacent to the tlantic Ocean, in Oak Island, Brunswick Co. �j`l'a7 � '490 9 Cad 'j�oss:l�f --ff al2..rs� Proposed Project: construction of a single-fe fly dwelling with associated freshwater wetland rill Please indicate below your agency's position or viewpoint on the proposed project and , r nev Spears at the address above by December 1Z 201& If you have any questions regarding the proposed project, contact Tara MacPherson 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. �D1u,lrre. a��1.; 40�_s ar4 6;1rjtt PRINT NAME JIEi �'IiS bra s, �la_wPPIC� Qn Cta. �0D35 AGENCY �bc— 1 ' lL 1� o0.e S��M s5 •.ter. `, �fb\ Sto 4 SRC+:.. «.F C-,-4Y l a, l STorwwJ�!! Cnnno�' b.` SIGNATURE GirLJrKJo.�cd b r0�to�s; a r_6A ,aoJS 1 ` � aad 45 SCP..rk� ac{i r.�V S DATE ( / ZD120(O> y State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Spears, Courtney From: Sams, Dan Sent: Wednesday, April 03, 2019 9:58 AM To: Spears, Courtney Subject: RE: [External] Application incomplete Yes, a review is required. If Mr. Edwards needs further clarification, he will need to discuss it with Georgette Scott or one of the Stormwater Engineering staff. Thanks.... clan Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 910-796-7215 RECEIVED dan.sams@ncdenr.gov MAY 2 0 ?019 DCM-MHD CITY E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ---- From: Spears, Courtney Sent: Wednesday, April 03, 2019 9:54 AM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: RE: [External] Application incomplete Thank you, so each of these is a CAMA major permit - so will stormwater be required? Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ---- From: Sams, Dan Sent: Wednesday, April 03, 2019 9:37 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: [External] Application incomplete Courtney: I did have that conversation with Steve Edwards. My response was that IF these three lots are the total planned development and IN TOTAL remain under one acre, the proposals fall outside of the permit requirements of Erosion and Sediment Control. IF a CAMA Major is not triggered, State Stormwater is not a permit requirement. Hope that answers all questions. Thanks.... dan Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 910-796-7215 dan.sams@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ----'Original Message ----- From: Spears, Courtney Sent: Wednesday, April 03, 2019 9:30 AM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: FW: [External] Application incomplete Hi Dan, Can you confirm the statements in the email below from Mr. Edwards regarding the proposed projects at 4905, 4907, and 4909 E Beach Rd in Oak Island? They would like to take the projects off hold, but I need to know that DEMLR is ok with processing these three projects separately. Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Steve Edwards <SEdwards@ci.oak-island.nc.us> Sent: Wednesday, December 19, 2018 3:44 PM To: Spears, Courtney <courtney.spears@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sa ra h. E. Hair @ u sa c e. a rm y. m i l> Cc: Coburn, Chad <chad.coburn@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; David Kelly <DKelly@ci.oak- island.nc.us> Subject: RE: [External] Application incomplete CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Thank you Courtney, I have discussed the objections submitted by the Division of Energy, Mineral, and Land Resources' with Dan Sams and confirmed that the total area of disturbance for all three projects combined is less than one acre and that existing development bounds both sides of the project area. I have also reached out to Ms. Hair with the USACE and will be working with her regarding the additional information request. RECEIVED Thank you again, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Wednesday, December 19, 2018 8:59 AM To: Hair, Sarah E CIV CESAW CESAD (US); Steve Edwards Cc: Coburn, Chad; Sams, Dan Subject: RE: [External] Application incomplete Hello Steve, MAY 2 0 2019 DCM-MHD CITY Attached please find a letter placing the three applications from the Town of Oak Island on hold for additional information. Please let me know if you have any questions. Thank you, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@n.cdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, December 17, 2018 10:03 AM To: Steve Edwards <SEdwards@ci.oak-island.nc.us> Cc: Spears, Courtney <courtney.spears@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: [External]Application incomplete CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Mr. Edwards, Please see attached Request for Additional information (RAI) for the following project: Corps Action ID: SAW-2018-00379 County: Brunswick Project Name: 4905, 4907, 4909 E. Beach Drive lot fill Please note that your application cannot be further processed until the requested information is received. Thanks you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 0 November 19, 2018 MEMORANDUM' FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courfer 04-16-33) courtney.soearsancdenr.goyr SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Oak Island ROY COOPER MIC:HAEL, S. REGAN BRAXTON DAVIS RECEIVED MAY 207019 DCAq-MHD CITY Project Location: 4907 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co Proposed Project: construction of a single-family dwelling with associated freshwater wetland rill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Shears at the address above by December 1Z 201& If you have any questions regarding the proposed project, contact Tara MacPherson 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** y 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 WG-n,40- W, Iii (c rJ AGENCY PN&49!!!i � dk cii - kir vb tamw -" SIGNATURE Oa4,t,1-Q 44tAekA4;0 RECEIVED DATE _0 if DEC 12 NIB Stow of North Carolina EavironmenWQuality Coastal MmagememOCM VVILMINGTONa N 127 Cardinal Drive Fx ., Wilmington, NC 28405 919 7967215 MEN Spears, Courtney From: Dunn, Maria T. Sent: Friday, November 30, 2018 9:53 AM To: Spears, Courtney Subject: RE: 4907 E Beach Dr., Brunswick Cc Yes please. It was the only one of the series I had downloaded and printed out. The others will get to you likely next week when I'm in the office. I have to set aside time to download and print, and then scan to send. If I'm not in the office, I can't do that. Thanks for the catch and correction. Have a good weekend. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office:252-948-3916 fax: 252-975-3716 www.ncwildlife.oro Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Friday, November 30, 2018 8:51 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: 4907 E Beach Dr., Brunswick Co Hey Maria, RECEIVED MAY 2 0 2019 DCM-MHD CITY Thanks for all the comments! Was this one supposed to be a "no comment". If so, I can check the box for you, just let me know. Hope you're well, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office cou rtnev. soears(iilncde n r, o ov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dunn, Maria T. Sent: Thursday, November 29, 2018 4:24 PM To: Spears, Courtney <courtnev.spears@ncdenr.gov> Subject: 4907 E Beach Dr., Brunswick Co Courtney, Please accept the attached for the above project. Thank you. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.oro Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. ROY COOPER +t (44w,. MICHAEL S. MOAN s�wa,n RECEIVE01BRAXTON DAVIS irtg2'I • .. _ Uln.<mr: Omari,m,y C«w:at MAY 2 0 2019 AlanagMIW November 19, 2018 DCM-MHD CITY MEMORANDUM: �1� 1•g 192Q?� FROM: Courtney Spears, Assistant Major Permits Coordinator` ✓{�>ti NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04.1E-33) courtney.spearsOncdenr.gov , SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Oak Island Project Location: 4907 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of a single-family dwelling with associated freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson 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 me , i i, R AGENCY LLif iAuC RECEIVED SIGNATURE Nov 2 9 2018 �� 0rM WILMINGTQN, NO DATE Stain of North Carolina I Envtronm al Quality I Coastal vranagenrent 127 gardinal Rive Ea, WihoingM NC 2M05 919 796 7215 M'w ''sue ROi' COOPER S11C'IIAEL S REGA!, BRAN ION DAA'IS November 19. 2018 MEMORANDUM FROM: Courtney Spears, Assistant Major Permits Coordinator RECEIVED NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext.. Wilmington, NC 28405 MAY 2 0 2019 Fax: 910-395-3964 (Courier 04-16-33) DCM-MHD CITY SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Oak Island Project Location: E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of single-family dwelling with associated freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson 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. (T PRINT NAME tJ - tl t1 wlJVlr � �A 0� t1�4✓t H `S", AGENCY NU L�m F — SIGNATU DATE ( I i State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E#., Wilmington, NC 28405 919 796 7215 v� W WILM NGTON, NC NOV 2 ' 9.011 November 19, 2018 MEMORANDUM: NOV 19 2018 HABITAT & FROM: AW111fin I Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax. 910-395-3964 (000090AMM Cou rtney.soears(Zilncden r.goy SUBJECT: CA MA /Dredge & Fill Application Review Applicant: Town of Oak Island ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS 'hrecrnr Orvrnun •,J'C'nnaW 1 /[n1OAU'nClN RECEIVED MAY 2 0 2019 DCM-MHD CITY Project Location: 4907 E. Beach Dr, adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of a single-family dwelling with associated freshwater wetland fill Please Indicate below your a2enc�s position or viewpoint on the proposed project and tiijii'�h Yb tiNtlV`%s at the address above by December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson 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. memo", I . ., AGENCY DM SIGNATURE U DATE 11 A �Ec��vEap Stateor North Carolina Enwonmental Quality Coastal Management �O,I n a 20IU 127 Cardinal I)n,e Ext., Wilmington, NC 28405 919 7961215 V O Or. (AV November November 19, 2018 MEMORANDUM FROM SUBJECT Applicant: Project Location: Received: 12/03/2018 State Historic Preservation Office ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS I���M�l, iNll • :rl r�nAl: „ � J:Ixllt'llle xl ER 18-3974 Due -- 12/11/18 Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington,. NC 28405 Fax 910-395-3964 (Courier 04-16-33) A YVi&Ioe courtney spears@ncdenr gov /Y CAMA /Dredge & Fill Application Review \2--m Town of Oak Island 4907 E. Beach Dr. adjacent to the Atlantic Ocean, in Oak Island, Brunswick Cc Proposed Project: construction of a single-family dwelling with associated freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 }'DECEIVED when appropriate, in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed MAY 2 0 2019 -Additional comments may be attached" DCM-MHD CITY 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 Renee Gledhill -Earley AGENCY State Historic Preservation Office DATE 12- � -19 Male of Nnnh( Lr.dma I m lronuknlal QtwOp (.hvml Nlatu,.eac I)`('arJmal l ime I I %I In,lon. V'2U05 91411W.721' RECEIVED DEC 10 2018 QCM WILMINGTON, NC NOV 0 4 2018 _0 ROY COOPER Uurrrnu, MICHAEL S. REGAN ow, BRAXTON DAVIS NORTH CAROLINA Dira,ur. Di. hi..o of (buanJ Em'ironmenial Qualin Vanuennent November 19, 2018 FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.soears(a)ncdenr.gov MAY 2 0 2019 SUBJECT: CAMA /Dredge & Fill Application Review DCM-1l CITY Applicant: Town of Oak Island Project Location: 4907 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of a single-family dwelling with associated freshwater wetland It// Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 1$ 2018. If you have any questions regarding the proposed project, contact Tara MacPherson 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. A_ This agency objects to the project for reasons described in the attached comments. PRINT NAME ✓ AGENCY SIGNATURE DATE RECEIVED DCM WILMINGTON, NC SmWdNorth Camlim I Environmental Qoality1Coaaml Mawgement DEC 0 4 2018 127 Cardiml Drive Ext., Wilmington, NC 29405 919 796 7215 >»k4) ■aaum ����� NC DEPARTMENT OF INNO NATURAL AND CULTURAL RESOURCES 80 Courtney Spears NC DEQ 127 Cardinal Drive Wilmington, NC 28405 RE: CAMA 4907 E Beach Dr Dear Courtney Spears: Roy Cooper, Governor Susi Hamilton, Secretary Walter Clark, Director, Land and Water Stewardship November 30, 2018 NCNHDE-7621 RECEIVED MAY 2 0 2019 DCM-MHD CITY The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httos //www fws aov/offices/Directory/ListOffices cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodnev butler()ncdcr.0ov or 919-707-8603. Sincerely, NC Natural Heritage Program RECEIVED DCM WILMINGTON, NC DEC 0 4 2018 DEPARTMENT OF NATURAL AND CULTURAL RESOURCES (b} 121 W. JONES STREET, RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH, NC 21699 OFC 919.707,9120 • FAx 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area CAMA 4907 E Beach Dr November 30, 2018 NCNHDE-7621 Element Occurrences Documented Within Project Area -.----- Taxonomic EO I --- - - — Scientl c Name ommdn Name Las emeht e( a , - - State Global State Group p ervat ccurrence S Status Rank Rank to Rank Reptile 14277 Caretta caretta Loggerhead Seaturtle 2017-08-07 B 3-Medium Threatened Threatened G3 S3B,S3 N Reptile 7524 Chelonia mydas Green Seaturtle 2010-07-19 E 3-Medium Threatened Threatened G3 S1B.SU N Vascular Plant 26053 Amaranthus pumilus Seabeach Amaranth 2010-Summer D 3-Medium Threatened Threatened G2 S1 No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve ora/content/help. Data query generated on November 30, 2018; source: NCNHP, 04 Oct 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area CAMA 4907 E Beach Dr November 30, 2018 NCNHDE-7621 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Na st Element Accuracy Federal State �Fial State Group O servation Occurrence Status Status Rank Rank Date Rank Bird 27222 Haematopus palliatus American 2007 CD 4-Low --- Special G5 S2S3B, Oystercatcher Concern S3N Bird 25219 Ixobrychus exilis Least Bittern 1980-Pre H? 3-Medium --- Special G4G5 S2S3B Concern Dragonfly or 33738 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? Damselfly georgiana Low Rare Freshwater Fish32417 Acipenser oxyrinchus Atlantic Sturgeon 2012-04-04 E 4-Low Endangered Endangered G3T3 S2 oxyrinchus Mammal 17664 Trichechus manatus West Indian Manatee 2018-08-13 E S-Very Threatened Threatened G2 SIN Low Reptile 3970 Alligator American Alligator 2018-02-26 E 4-Low Threatened Threatened G5 S3 mississippiensis Similar Appearance Reptile 14277 Caretta caretta Loggerhead Seaturtle 2017-08-07 B 3-Medium Threatened Threatened G3 S3B,S3 N Reptile 7524 Chelonia mydas Green Seaturtle 2010-07-19 E 3-Medium Threatened Threatened G3 S1B,SU N Reptile 1862 Lepidochelys kempii Kemp's Ridley 1992-08-30 H? 4-Low Endangered Endangered GI SiB,SU Seaturtle N Vascular Plant 26053 Amaranthus pumilus Seabeach Amaranth 2010-Summer D 3-Medium Threatened Threatened G2 S1 Vascular Plant 22356 Erythrina herbacea Coralbean 2005-10-25 D 2-High --- Endangered G5 S2 Vascular Plant 28779 Euphorbia bombensis Southern Seaside 1948 H 4-Low --- Significantly G4G5 S2? Spurge Rare Throughout Vascular Plant 6152 Galactia mollis Soft Milk -pea 1957-06-06 H 4-Low --- Threatened G4G5 S2 Vascular Plant 13051 Ipomoea imperati Beach Morning-glory 1950-08-19 H 4-Low --- Threatened G5 S1 Vascular Plant 5456 Lilaeopsis carolinensis Carolina Grasswort 1961-06 H 4-Low --- Significantly G3G5 S2 Rare Other Vascular Plant 5382 Peltandra sagittifolia Spoonflower 1950-08 H 4-Low --- Significantly G3G4 S2S3 Rare RECEIVED Peripheral RECEIVED DCM WILMINGTON, NC MAY 2 0 2019 DEC 0 4 2018 Page 3 of 5 ►D%^,M-MHD CITY Element Occurrences Documented Within a One -mile Radius of the Vascular Plant Vascular Plant 22390 Solidago villosicarpa Coastal Goldenrod Area Last 2005-10-26 No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Element Accuracy Federal State Global State Occurrence Status Status .--Rank Rank Rank H 4-Low --- Special G4 S1 Concern Vulnerable D 2-High --- Endangered GI S1 Definitions and an explanation of status designations and codes can be found at httn< //ncnhrle nat reserve ora/content/hein Data query generated on November 30, 2018; source: NCNHP, 04 Oct 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 NCNHDE-7621: CAMA4907 E Beach Dr 0 N November 30, 2018 1:20,579 Project Boundary 0 0.175 0.35 0.7 ml Buffered Project Boundary 0 0275 0.55 1.1 Ian m ❑ Natural Herita0e Element Occurrence (NHEO) RECEIVED snorts. an. nE. c.nNn. iNwn.o, 'nb« t v Gnm.. GEe oscs, K �i F NPS. WR Gec wn IGN, 1le=NL ONnsr S, Esn,gyr�. I£TI. Esn L (-p Nppl. O OpmSM1eelA40 — swlsslc�, mnNENon, erq Oro G* Vw Comment z m MAY 2 0 2019 v �G 3-0 00 DCM-MHD CITY Page sots z c� uwv ROY COOPER Governor { MICHAEL S. REGAN Secretary BRAXTON DAVIS Direclar, Division ofCoacml Managenranl November 19, 2018 h4121, [U:71dU1111ii FROM: Courtney Spears, Assistant Major Permits Coordinator RECEIVED NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MAY 2 0 2019 Fax: 910-395-3964 (Courier 04-16-33) courtney.soears )ncdenr.aov DC" -"HD CITY SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Oak Island Project Location: 4907 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of a single-family dwelling with associated freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 12, 201& If you have any questions regarding the proposed project, contact Tara MacPherson 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 I'' A V C e- 1 � r a,` AGENCY Cv A A4 SIGNATURE W "k _� 41 DATE f r/zti / t 8/ 1 6 RECEIVED NOV 2 % 2018 DCM WILMINGTON, NO State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DocuSign Envelope ID: 1311 FC134-91 E7-4CC4-8FD3-C2547B5E83AB IM, ROY COOPER Gmenmr MICHAEL S. REGAN 40 Aeer wq, BRAXTON DAVIS NORTH CAROLINA Director, D""iar of ('w'"I E"iromwntal Quality A4mmwxement November 19, 2018 MEMORANDUM RECEIVED FROM Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management MAY 2 0 2019 127 Cardinal Drive Ext., Wilmington. NC 28405 Fax: 910-395-3964 � 04.16.3x courtnev.soearsCdlncdenr.gov DCM-MHD CITY SUBJECT. CAMA /Dredge & Fill Application Review Applicant: Town of Oak Island I Project Location: 490� E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of single-family dwelling with associated freshwater wetland fill Please indicate below our agency's position or viewpoint on the proposed project and at the address above by December 12, 201& If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: _X_ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Written approval is not required under GC4175 - Chad Coburn AGENCY DocuSgned by RECEIVED SIGNATURE '' 2 2 201q 4/18/2019 DATE DCM WILMINGTON, NC State of North Catohn I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 RVY COOORR do%vw M ICR AEL & E AN F BWT(IX C. DAVFS f11kf W Thomas and Jacqueline Savidge 77 Cavalier Drive Apartment 7202 Wilmington, NC 28405 Dear Mr. and Mrs. Savidge: NORTH CAROLINA May 10, 2019 RECF�V�D MAY202019 DCA4-' CITY Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit applications (3) submitted by the Town of Oak Island, in which permission was requested to construct three (3) new single family homes adjacent to your property located in Oak Island, North Carolina. The Division appreciates your concerns about the proposed project In this case, with permit conditions to modify the projects, no inconsistencies with the Coastal Area Management Act were identified. Consequently, the Division has issued a Major Permits 30-19, 31-19, and 32-19 for the proposed activities. A copy of each permit is being provided to you for your information. I have included a copy of the third -party appeal form for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. Please feel free to contact me by telephone at (910) 796-7426, or by email at courtney.soears(ftcderingov withany questions or concerns. cc: WiRO file MHC file Permits Coordinator North caroam oepartment ofErn(ronmentat:Quality f DKIlstod ME'oasratlAgrtagement. tiNtrnhigton aftim [ 127 Cardinal Drive Extension ( Wilmington, North Carolina 25405 9f0.796.7215 ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SENT VIA EMAIL eC NORTH CAROLINA EnWronmenta( Quality April 24, 2019 RECEIVED Town of Oak Island c/o Steve Edwards MAY 2 0 2019 4601 E. Oak Island Drive Oak Island, NC 28465 DCM�MHC CITY sedwards@ci.oak-island.nc.us SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Town of Oak Island, at 4907 E Beach Drive, Oak Island, Brunswick County Dear Sir: This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of the Town of Oak Island to undertake development activities at 4907 E Beach Drive, Oak Island, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S.113A-122(c) which would make July 8, 2019, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (910-796-7426) or e-mail (courtney.spears@ncdenr.gov). cc: WiRO file MHC file Liz Hair, USACE, email cc Chad Coburn, DWR, email cc Assistant Kaior Permits Coordinator D_EQP North Carollna DepaMmm of Environmental Quality I Dlvlston of Coastal Management Wilmtngton Office 127 Cardinal Drive Ex enslon I Wilmington, North Carolina 2a4O5 910.796.7215 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C.DAVIS Director µKG SENT VIA EMAIL NORTH CAROLINA Environmental Quality April 3, 2019 RECEJVED MAY 2 0 2019 Town of Oak Island c/o 4601 E. Oak Island Drive teve Edwards DCM MHD C'rY Oak Island, NC 28465 sedwards@ci.oak-island.nc.us SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Town of Oak Island, at 4907 E Beach Drive, Oak Island, Brunswick County Dear Mr. Edwards: This letter is in response the above -referenced Coastal Area Management Act (CAMA) permit application, which was accepted as complete on November 9, 2018.On December 19, 2018, processing of this application was placed on hold pending receipt of additional information requested by the Division of Energy Mineral and Land Resources and the US Army Corps of Engineers. This office received this additional information on March 21, 2019, which appears to satisfy the request. Therefore, processing of the permit application has officially resumed as of March 21, 2019. The revised projected 75-day deadline for making a decision is April 24, 2019. Please feel free to contact me by phone at (910) 796-7426 or by e-mail (courtney.spears@ncdenr.gov) if you would like to discuss this matter further. S' ely� C urtney Spears cc: Chad Coburn, DWR Division of Coastal Management Liz Hair, USACE Assistant Major Permits Coordinator WiRO file MHC file North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Ertension I Wilmington. North Carolina 28405 910.796.7215 MM� Spears, Courtney From: Steve Edwards <SEdwards@ci.oak-island.nc.us> Sent: Wednesday, December 19, 2018144 PM To: Spears, Courtney; Hair, Sarah E CIV CESAW CESAD (US) Cc: Coburn, Chad; Sams, Dan; David Kelly Subject: RE: [External] Application incomplete CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Thank you Courtney, I have discussed the objections submitted by the Division of Energy, Mineral, and Land Resources' with Dan Sams and confirmed that the total area of disturbance for all three projects combined is less than one acre and that existing development bounds both sides of the project area. I have also reached out to Ms. Hair with the USACE and will be working with her regarding the additional information request. Thank you again, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 ---Original Message ---- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Wednesday, December 19, 2018 8:59 AM To: Hair, Sarah E CIV CESAW CESAD (US); Steve Edwards Cc: Coburn, Chad; Sams, Dan Subject: RE: [External] Application incomplete Hello Steve, RECEIVED MAY 2 0 2019 DCM-MHD CITY Attached please find a letter placing the three applications from the Town of Oak Island on hold for additional information. Please let me know if you have any questions. Thank you, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Oft Ror SENT VIA EMAIL NORTH CAROLINA Envfrontnmlal Quality December 19, 2018 RECEIVED Town of Oak Island c/o Steve Edwards MAY 2 0 2019 4601 E. Oak Island Drive Oak Island, NC 28465 DCM'MHD CITV sedwards@ci.oak-island.nc.us SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittals (3) for Town of Oak Island, at 4905, 4907 & 4909 E Beach Drive, Oak Island, Brunswick County Mr. Edwards: This letter is in response to the above referenced CAMA permit applications (3), which were all accepted as complete by the Division's Wilmington office on November 9, 2018. Processing of the applications is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) The U.S. Army Corps of Engineers (USACE) has requested additional information by way of the attached USACE letter dated December 17, 2018. Their correspondence requests additional information be provided that demonstrates compensatory mitigation for impacts to wetlands. 2) The Division of Energy, Mineral, and Land Resources have submitted an objection to these three (3) contiguous projects being processed separately. In their comments submitted on November 20, 2018 they indicated that Sedimentation and Erosion Control cannot be circumvented by submitting the projects as separate. Please contact Dan Sams with DEMLR at (910) 796-7326 to determine if a Sedimentation and Erosion Control Plan will be required. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as you have satisfied the requirements of the USACE and the DEMLR. Once the USACE and the DEMLR notifies the Division of Coastal Management Major Permits Section in writing that no further actions are necessary on the part of the applicant, we will resume processing of your application. North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Offim 1127 Cardinal Drive Extension I Wilmington, North Carolina 2B405 910.796.1215 If you can provide to this office a copy of the requested information within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timefiame, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7426, or by email at courtney.Mears@.ncdenr.eov. Si ely, mey ears Divisi of Coastal Management Assi t Major Permits Coordinator cc: Chad Coburn, DWR Liz Hair, USACE Dan Sams, DEMLR WiRO file MHC file RFCEIVED MAY 2 0 2019 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 �J Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 December 17, 2018 SUBJECT: File No. SAW-2018-00379; Information Request for Proposed Residential development/Including Discharge of Fill Material into waters of the U.S. (WOUS), located at 4905, 4907, and 4909 E. Beach Drive, Town of Oak Island, Brunswick County, North Carolina. Mr. Steven Edwards Attn: Town of Oak Island RECEIVED 4601 E. Oak Island Drive Oak Island, North Carolina 28465 sedwards(d,ci.oak-island.nc.us Dear Mr. Edwards: MAY 202019 1)CA4 44HO CITY This letter is in reference to your Department of the Army (DA) permit applications received November 19, 2018 submitted to the Wilmington District Corps of Engineers (Corps) for the construction associated with proposed residential development on three lots, within waters adjacent to the Atlantic Ocean, located at 4905, 4907, and 4909 E. Beach Drive, in Oak Island, Brunswick County, North Carolina. This letter further notifies you that your DA permit application is insufficient to fully evaluate your proposal. The applications did not contain a mitigation statement/plan. Compensatory mitigation is required for the unavoidable impacts to the aquatic environment. Please see below for further explanation on each item: 1. Compensatory Mitigation: An appropriate compensatory mitigation plan is required to fully offset unavoidable impacts to WOUS in accordance with 33 CFR 332 - Compensatory Mitigation for Losses of Aquatic Resources. The application does not provide a mitigation statement or plan. Once the mitigation proposal is determined by the Corps to be appropriate, the mitigation plan must contain the elements described at 33 CFR 332.4(c)(2) through (c)(14). RECEIVED Additionally, please note the preference for purchasing mitigation bank credits to offset impacts at 33 CFR 332.3(b). If mitigation bank credit purchase is not proposed, thdQEC 18 2018 justification for utilizing other forms of mitigation should be provided. DCM WILMINGTON, NO op Spears, Courtney From: MacPherson, Tara Sent: Monday, December 03, 2018 2:44 PM To: Spears, Courtney Subject: FW: [External] RE: Send data from MFP11807882 11/05/2018 16:11 Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macpherson@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 RECEIVED MAY 2 0 2019 DCM-44HD CITY Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ----Original Message -- From: Steve Edwards <SEdwards@ci.oak-island.nc.us> Sent: Thursday, November 08, 2018 9:29 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: [External] RE: Send data from MFP11807882 11/05/201816:11 CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Thanks Tara, In response to the Savidge's concerns, I would like to state that the fill will be done in accordance with the Town of Oak Island's code of ordinance and that stormwater will be contained per Oak Island stormwater ordinance. Thanks again, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 -----Original Message — From: MacPherson, Tara [mailto:tara.macpherson@ncdenr.gov] Sent: Wednesday, November 07, 201810:31 AM To: Steve Edwards Subject: FW: Send data from MFP11807882 11/05/2018 16:11 FYI Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macpherson@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ----Original Message ---- From: NCDEQ- Wilmington Regional Office Scanner CAMA <DoNotReply@ncdenr.gov> Sent: Monday, November 05, 2018 4:12 PM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: Send data from MFP11807882 11/05/2018 16:11 Scanned from MFP11807882 Date:11/05/2018 16:11 Pages:1 Resoluticn:200x200 DPI HAVE A GREAT DAY! I I E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and maybe disclosed to third parties. Spears, Courtney From: Sent: To: Subject: Did I ever send you this?? MacPherson, Tara Monday, December 03, 2018 2:44 PM Spears, Courtney FW: [External] RE: OKt Major Permit Apps Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macpherson@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 wo. Nothing Compares , Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steve Edwards <SEdwards@ci.oak-island.nc.us> Sent: Wednesday, November 07, 2018 8:45 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: [External] RE: OKI Major Permit Apps Thanks Tara, RECEIVED MAY 2 0 2019 OCM-MHO CITY Fill and stormwater controls will be installed per Oak Island's code of ordinances and UDO. Currently both houses on each side of the lots do not have any stormwater controls and unfortunately cannot be made to install such. The revised surveys have been prepared, but the profile pages have not been changed to show the reduction in building foot print. If this can be done by a note I can have the profile pages to you today. Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 From: MacPherson, Tara[mailto:tara.macpherson(alncdenr.00vj Sent: Wednesday, November 07, 2018 8:17 AM To: Steve Edwards Subject: OKI Major Permit Apps Hi Steve, I received one letter of concern from an adjacent property owner for the oceanfront lots. They are concerned about fill and runoff. Also, are you going to send the updated drawings in the next week? Thanks! Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macpherson(dncdenr.00v 127 Cardinal Drive Ext Wilmington, NC 28405 Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER NORTH CAROLINA Governor Em*ormenial Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director DECEIVED December 3, 2018 SAY 2 0 2019 Thomas 77 Cavalier Drive Apartment Jacqueline g7202 DCM�M�D CITY Wilmington, NC 28405 Dear Mr. and Mrs. Savidge: Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit applications (3) submitted by the Town of Oak Island, in which permission was requested to construct three (3) new single family homes adjacent to your property located in Oak Islands, North Carolina. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. Your comments will be added to the official permit application files for this project. Please feel free to contact me by phone at (910) 796-7426, or email at courtney.spears@ncdenr.gov if you should have any additional concerns relating to this project cc: WiRO file MHC file Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Ex nslon I Wilmington. North Carolina 28405 910.796.7215 127 Cardinal Drive Ext. Wilmington, NC 28405 Re; Steven Edwards Development DCA444HD CITY We are owners of a property 4911 E. Beach Drive, Oak Island, NC. We received a letter from Steven Edwards informing us of his proposed work on 4905, 4907, and 4911. These are lots to the west side of our property, and we do have concerns. Our main concern is when these 3 properties are cleared and the fill material is brought in and the buildings are erected they will be more elevated and the rain and runoff water will naturally run into our property causing our yard to be flooded. Since we are 83 years old and had the property up for sale before the hurricane, we are not in a position to have to pay to have our property filled in to raise it to the level he is proposing for his lots. Is there a regulation allowing a developer to fill in as much as he wishes without consideration for adjoining properties? As you can see we are concerned and do not know the proper procedure we would need to follow in order to protect our existing property. Sincerely, Thomas & Jacqueline Savidge 77 Cavalier Drive Apt. 7202 Wilmington, NC 28405 0F0ca-fOl DCM W EM NIGTON, NC Lvov 0 5 2018 .., -++r. : ^ ,. �� � _ - �j�� •1 � %•' r .�i.9'S'� .. 1 t_ .' '�' � `_ , l �� � � NC Division of Coastal Management AEC: Atlantic Ocean Fee: $250 #74012113 14 / Major Permit Application Computer Sheet CDAITS MHC cc ✓ Applicant: Town of Oak Island Agent/Contractor. Na Project Site County: Brunswick Staff: Tara MacPherson District: Wilmington Project Name: 4907 4909 E Beach Dr clear, grade, 404 fill Rover File: Na. River Basin: Initial We of application submittal: 10-25-18 Date application 'received as complete' in the Field office: ` Permit Authorization: LJ CAMA LJ Dredge & Fill I IYBoth SITE DESCRIPTIONIPERMIT INFORMATION T\ , ORW: Yes o PNA: Yes o Photos Taken: YesC3 Nock Setback Required (riparian): ClYes o Critical Habitat: ❑Yes LJNo Not Sure 15 foot waiver obtained: Yes No rd Notification Returned: es []No SAV: ElYes o EINot Sure Shell Bottom: Yes ftNo ❑ Not Temporary Impacts: es ONo Sure Sandbags: ClYes VNo 0 Not Sure Did the land use dassifi tin come from LUP: ❑YesNo Mitigation Required (optional): ❑Yes No county Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ❑No t*A ❑Yes S�o ❑NA FT. Shellfish Area ation. Project Des on: (code) Development Area: (code) Open o Cl SECONDARYATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) C1 Swamp Waters (SW) High Quality Waters (HOW) Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) ,heftnds) —Salt ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) reed grass (Spartina. altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncos 0 (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE El 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 n applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $20(ffi EjvED &W acre; 4144 can be applied - $400 ❑ Major development extension request - II. Public or commerciallno dredge fill $400 NOV 2 7 2019 $100 and/or - ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DCM'MHD CITY DWQ agreement - $400 Town of Oak Island #4905 907' #4909 Date: 10-25-18 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension T Dimension 3 Dimension 4 One One 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 New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [IN Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temmp impacts) impact amount) temp impacts) amount LDredge 4Both ❑ Fill ❑ Other Dredge ❑ Flt Both ❑ Other ❑ L4 V01 5 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733.2293 :: 1-888.4RCOAST :: www.necoastalmanaaement.net revised: 10112JOS Debra Wilson 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Steven Edwards Development We are owners of a property 4911 E. Beach Drive, Oak Island, NC. We received a letter from Steven Edwards informing us of his proposed work on 4905, 4907, and 4911. These are lots to the west side of our property, and we do have concerns. Our main concern is when these 3 properties are cleared and the fill material is brought in and the buildings are erected they will be more elevated and the rain and runoff water will naturally run into our property causing our yard to be flooded. Since we are 83 years old and had the property up for sale before the hurricane, we are not in a position to have to pay to have our property filled in to raise it to the level he is proposing for his lots. Is there a regulation allowing a developer to fill in as much as he wishes without consideration for adjoining properties? As you can see we are concerned and do not know the proper procedure we would need to follow in order to protect our existing property. Sincerely, Thomas & Jacqueline Savidge 77 Cavalier Drive Apt. 7202 Wilmington, NC 28405 RECEIVED NOV 2 7 2018 DCM-MHD CITY OCM WECVD ILMINGEON, NC 0 ti wq Major Permit Fee Schedule Project Name: County: Check No & Amount: DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water yeas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filling and/or excavation of up to i 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 Qua Certification No. 4144 (See attach d) can be applied: =:iAUA9S��2�iE.� III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) I II(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff etermined that additional review and written DWQ concurrence is needed because of concems related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) W Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) RECEDED Nov % 7 za18 DCM.MHD CITY hzlgv -7- Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/29/2018 Town of Oak Island Town of Oak Island BB&T 74013 $250.00 major fee, 4907 E Beach, Tmac rct. 4020 Oak Island, BrCo NO Split RECEIVED NOV 272018 DCM-MHD CITY lb- Recommendations for State Permit — Town of Oak Island 11/16/18 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 and 15 NCAC 7H.0309 (a)(3) Use Standards for Ocean Hazard Areas: Exceptions, which states that elevated decks (self-supporting) not exceeding a footprint of 500 sq. ft. may be permitted seaward of the oceanfront setback This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements are met. Any permit issued should include standard conditions for oceanfront development. RECEIVED NOV 2 7 2018 DCM-MHD CITY 0 NORTH CAROLINA Environmental Ouallp• November 19, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • 4905, 4907, 4909 E. Beach Drive / Brunswick County • Gross & Shaw / New Hanover County ROY COOPER Governor MICHAEL S. REGAN Se,wfarp BRAXTON DAVIS Director, Dtvwmi of Coastal Urossgemem Hello Angie: Please publish the attached Notice in the Thursday, November 22, 2018 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance cc: MHC Files Courtney Spears - WiRO Liz Hair - USACE RECEIVED NOV 2 7 2018 DCM-MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 7% 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On November 9, 2018, the Town of Oak Island proposed to construct a single family dwelling with associated §404 Wetland fall at 4905, 4907, and 4909 E. Beach Drive, adjacent to the Atlantic Ocean, in Oak Island, Brunswick County, and on November 15, 2018, Dustin Gross and Harry Shaw proposed to excavate an existing access channel and basin at 409-417 Bradley Creek Point Rd, adjacent to Bradley Creek, in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Tara MacPherson (BR Co.) or Brooks Surgan (NHCo.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7215 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 December 12, 2018 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 NOV 272018 DCM-MHD CITY 2. J DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Town of Oak Island c/o Steven Edwards LOCATION OF PROJECT SITE: 4907 E Beach Drive, adjacent to the Atlantic Ocean, in the Town of Oak Island, Brunswick County. Photo Index-2006: 8-6167 D-12 Latitude: 33`54'34.50"N Longitude: 78'06'50.27"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/30/18 Was Applicant Present - Yes PROCESSING PROCEDURE: Application Received—10/25/18 (initial) 11/9/18 (complete) Office - Wilmington 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: R; EDGED EUED GIVER (A) Vegetated Wetlands (404) 1,3%8 ft2 (404) (B) Non -Vegetated Wetlands (Open water (C) Other (Upland) 4,096.5 ft2 (D) Total Area Disturbed: 5,456.3 ft2 (0.12 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 NOV 272018 DCM-MHD CITY Town of Oak Island Page 2 9. PROJECT DESCRIPTION: The project site is located at 4907 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 mile. Turn left onto NC-906 and travel for approximately 10 miles. Then, turn left onto E Oak Island Drive and travel 2.4 miles. Turn right onto SE 40th St and travel 0.3 miles, then turn left onto E Beach Drive and travel 0.5 miles to the property of interest. The project site is bordered on the north by a single-family residence and to the south by two vacant lots also owned by the Town of Oak Island. The site consists of one 0.17 acre parcel with an elevation of approximately 7 ft. above normal high water. Vegetation on the tract consists of native beach vegetation including Yucca (Yucca spp.), Sea Oats (Uniola paniculata), Red Cedar (Juniperus virginiana), Saltmeadow Cordgrass (Spartina patens) and Pennywort (Hydrocotyle bonariensis). According to the application approximately 1,359.8 ft2 of 404 Wetlands exist in the center of the property (see Survey Sheet 1 of 2). The site is currently undeveloped and no permit history could be located for the property. The FLSNV was flagged post Hurricanes Florence and Michael on 10/30/18 by DCM. 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. The applicant proposes to construct a single home on the lot, which would result in the filling of approximately 1359.8 ft2 of 404 Wetlands and approximately 4,096.5 ft2 of 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 (see Sheet 2 of 2). There would be a 320 sq. ft. detached self-supporting deck measuring approximately 10 ft. wide by 32 ft. long on the waterward side of the house, which would encroach into the 60' setback from the FLSNV. The total disturbed area would be 5,456.3 ft2. The application states that wetlands on the property were reviewed by the USACE under Action ID No. SAW-2018-00379. 10. ANTICIPATED IMPACTS: The construction of the building would result in the disturbance of approximately 4,096.5 ft2 of high ground within the Ocean Erodible AEC and the fill of approximately 1359.8 ft2 of 404 Wetlands, for a total of 5,456.3 ft2 of disturbance within the Ocean Erodible AEC. The application states that sewer and water supply services would be provided by the local municipality. The application also states that wetlands on the property were reviewed by the USACE under Action ID No. SAW-2018-00379. Submitted by: Tara MacPherson Date: November 16, 2018 Office: Wilmington RECEIVED NOV 2 7 2018 DCM-MHD CITY 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 Project Name (if applicable) Town Of Oak Island 4907 E. Beach Dr. Applicant 1: First Name MI Last Name Steven B Edwards / representative for Town of Oak Island Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 4601 E. Oak Island Dr. Oak Island NC ZIP Country Phone No. FAX No. 28465 USA 910-201-8052 ext. 910-278-1811 Street Address (d different from above) City State ZIP Email sedwards@ci.oak-island.nc.us 2. AgentContractor Information Business Name Town Of Oak Island Agent/ Contractor 1: First Name MI Last Name Steven B Edwards Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 4601 E. Oak Island Dr. Oak Island NC ZIP Phone No.1 Phone No. 2 28465 910-201-8052 ext. 910-278-5024 ext. FAX No. Contractor # RECEIVED Street Address (if ddferent from above) City State ZIP OOV 2 7 2018 Email DCM-MHD CITY sedwards@d.aak-island. nc. us <Form continues on back> Ktl:tivtL) DCM WILMINGTON, NC OCT 2 9 2018 252-808-2808 :: 1-888.4RCOASt .: www. nccoastalmanagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 4907 E. Beach Dr. Subdivision Name City State Zip Oak Island INC 28465 - Phone No. Lot No.(s) (f many, attach additional page with list) 910 - 201 - 8052 ext. L-4, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. CEINatural []Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Oak Island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) None 7500 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 7500 NWL (normal water level) (if many lot sizes, please attach additional page with a list) 4-12' ®NHW or ❑NWL e. Vegetation on tract 404 Wetlands: Panicum sp, Phragmites australis, Baccharis halimifolia, Dichanthelium sp, Cladium jamaicense, Scripus sp, Spartina, Patens, Juncus roemerianus Uplands: Morelia cerifera, Juniperus virginiana, Panicum sp, Yucca gloriosa I. Man-made features and uses now on tract Undeveloped and vegetated g. Identify and describe the existing land uses adjacent to the proposed project site. Undeveloped or rsidential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, it applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No Vt k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA NOV 2 q ZO If yes, by whom? 0'0 N M I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? NJ ti DCM WILMINGTON, NC <Form continues on next page> OCT 2 9 2018 252.808-2808 .. 1-888-4RCOAST .. w ww.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (it) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municiple sewer system o. Describe existing drinking water supply source. Municiple water system p. Describe existing storm water management or treatment systems. No existing stormwater treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment OPrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. To construct a single-family residence and driveway 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. Site will be cleared for house and driveway. Fill material will be brought in to level building pad and driveway area. Pilings and utilities will be installed; house will then be constructed. Equipment will be staged on upland portion of property during construction. d. List all development activities you propose. To construct one single-family house and driveway. 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? 5457 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. The applicant proposes to fill a total of 1359.8 at of freshwater wetlands for construction of a single-family houseRFC��V Stormwater runoff will be treated per the Town of Oak Island requirements. A(pV 2 i. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NI) C'n` /11 II, If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA RAD C/ j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. RE UUMILMINGTON, NC <Fotm continues on back> OCT 2 9 2018 252.808-2808 :: 1-888-4RCOAST :: www.ticcoastaimanngement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, 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 properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Matthew D. Brenner Phone No. Address 331 Hillside Ave; Charlotte, NC 28209 Name Thomas O. & Jacqueline H. Savidge Phone No. Address 71 Cavalier Dr Apt 1203; Wilmington, NC 28405-4450 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, W necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of 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 August 2, 2018 Print Name Steven B. Edwards Signature L g1,1'. �lover+ o Please indicate application attachments pertaining to your proposed project. NQ V 2 % 2918 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts B ®DCM MP-3 Upland Development CM'W�BtCRWY ❑DCM MP-4 Structures Information DCM WILMINGTON, NC OCT 2 9 2018 252-808-2808 :: 1-888-4RCOAST :: www. nccoasta lmanagement. net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 11. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: b. Type of material to be d. High -ground excavation in cubic yards. ®This section not applicable of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? PL."On f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? NOV 2 7 2018 Dea.. __ CITY RECEIVED DCM WILMINGTON, NC OCT 29 2018 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaim_anagement.net revised: 12i26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other: Wkfth: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL. e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (11) 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. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water none other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area 109' x 50' ❑CW _ ❑SAV ❑SB (iv) Purpose of fill OWL 1359.8 ❑None To provide building pad for home (ii) Describe the purpose of the fill in these areas: To provide adequate area to build a home. 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., dragline, controlled? backhoe, or hydraulic dredge)? Silt fencing will be used Pile driver, other standard construction euipment c. (1) Will navigational aids be required as a result of the project? []Yes ONO ❑NA (it) If yes, explain what type and how they will be implemented. August 2,2018 Date 4907 E. Beach Project Name d. (1) Will wetlands be crossed in transporting equipment to project site? []Yes ONO ❑NA (it) If yes, explain steps that will be taken to av d'6f� msg environmental impacts. Nov 9 1 Town of Oak Island Appli Name lb P't". k Z' Applicant Signature RECEIVED DCM WILMINGTON, NC U 1-1 2 9 2018 zb2 8U8.2808 :: 1-888-4RCOASI :: www.nccoastalmanagement.net revised: 12/26,06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or 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. One single-family house on pilings and driveway c. Density (give the number of residential units and the units per acre). one unit per 0.17 acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ❑No ®NA (ii) If yes, list the 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. None 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. 31.14% j. Describe proposed method of sewage disposal. Connect to municipal system I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, 'Wash down" and residential discharges). 1359.8 sf of 404 wetland impacts; stonnwater runoff will be treated per Town of Oak Island requirements b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 5456.3 f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete for house pad and driveway h. Projects that require a CAMA Major Development Permit may also require a Stonmwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. RECEIVED m. Does the proposed project include an innovative stormwater design? NOV 2 ❑Yes ®No ❑NA 7 2018 If yes, attach appropriate documentatio bCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 252.808.28082:: 1-888-4RCOAST:: www_nccoastaimanagement.net revised: 12/26/06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Town of Oak Island water supply o. When was the lot(s) platted and recorded? 1939 August 2,2018 Date 4907 E. Beach Dr. Project Name Town of Oak Island/ii�i LaIA/�f Appame Applicant Signature n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? []Yes ❑No ®NA RECEIVED NOV 27 1�( 0C>M-11I CIT.y RECEIVED DCM WILMINGTON, NC OCT 2 9 2m 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12,26,06 _1OWN OF October 22, 2018 NC Department of Environment and Natural Resources Re: Project narrative — 4907 E. Beach Dr. The Town of Oak Island is seeking approval to prep the referenced site for construction of a single-family home and driveway. The scope of work will include the fill of approximately 1359.8 sf of freshwater wetlands. It is requested that the fill be permitted without mitigation due to the low value of the wetlands as determined under a recent evaluation of a site near to this property under Action ID No. SAW-2017-00289. Site will be cleared for house and driveway. Fill material will be brought in to level building pad and driveway area. Pilings and utilities will be installed; house will then be constructed. Construction equipment and building materials will be staged on upland portion of property during construction, sedimentation and erosion controls (silt fence) will be in place and stormwater will be treated per Town of Oak Island requirements. Construction equipment consists of: dump truck, bulldozer, pile driver and other standard construction equipment. Respectfully submitted: CJ�� �Q Steven Edwards Development Services Director Town of Oak Island RECEIVED NOV 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 4601 E. Oak Island Drive - Oak Island, North Carolina 28465 Phone: (910) 278-5011 - Fax: (910) 278-3400 - Website: www.oakislandnc.com VICINITY MAP nor m acve 249DFO10-012 - 4905, 4907 & 4909 E. Beach Dr. RECEIVED 0 r, � NOV 272018 m co z m DCM-MHD C►ry o0 z z 0 ATLANTIC OCEAN 1:776 0 0.005 0.01 0.02 rN I -� ` 0 0.01 0.02 0.04 km �ym 0 v U z z Z=io� z Z Y cY� Z > �p G s i� 00 oN o m wi a z� Lu J >� a N tt' ° LU o� ATLANTIC OCEAN AREAS TO BE FILLED > o F W �m C)� W U c! Of o rc ��, z 0 w Z� ii c t �-1 F— AREA FLAGGED AS WETLAND- 1359.8 r— APPROXWM AREA N ADDITION TO SF. W v w 50.00' WERANDS TO RECEIVE FILL 4098.5 SF. Of p,p N C % - O (` 'J1+50 TOTAL AR54 EA�58.3 SF. I II I I I I I I c ,i O ii FIRST UNE OF STABLE �GET'A^TION. (FLOSV)_ , - A GAMA BY . OFFICAL 1 +25 I 2 1' ME 24 —_ 1+00 ) $ - 2 1. wil 'a{75-- FLOOD 2MME VE-17 eD' OFFSET FROM cn .. U 16 FlN SHED o I CONCRETE o U 12 PAD 7.0' �7 0+50 Z 98 PC ' nON ¢ e I WETLAND AREA TO 0+25 4 K RLLED=1359.8 SF. 0+15 _ 0 PROFILE 50.00'mmdlljO+OO -4 F TAX PARCEL / 249DF011 — — —EDGE OF PAVEMENT 1 12.0' MINIMUM FOR: TOWN OF OAK ISLAND _8 CENTER LINE OF 1+50 1+00 0+50 0+00 LOT 4 EAST BEACH DRIVE BLOCK 8, SECTION i PROFILE LONG BEACH SCALE: VERTICAL-1 IN.=10 FT. / HORIZONTAL: 1 IN.=40 FT. PROFILE BR�SWILAND,CK COUNTY,SMITHIVILLE ORTHOWNSHINA EXISTING GRADE 4907 EAST BEACH DRIVE FINISHED GRADE VCS CO., INC. C-216o 1 YAUPON WAY ® FILL AREA V S OAK ISLAND, NC 60' PUBUC RIGHT—OF—WAY CA TELE. (704) 361-1557 TOWN OF OAK ISLAND 404 FILL AREA FAX. (910) 278-4827 Pw J� I � I� %IrJr1�r% VICINITY MAP ATLANTIC OCEAN Nor To SCALE NOTE: THIS PROPERTY LIES WITHIN THE C.A.M.A. OCEAN ERODIBLE AREA OF 36.0' ENVIRONMENTAL CONCERN. 5.8't WATERWARD TOE ATLANTIC OCEAN w S 7429'00" E rn EAST BEACH DRIVE _ In - _ _ _ IRS jQ,QQ FRS EA o z O1 —0 w FAST PELICAN NDRIVE U) to FIRST LINE OF STABLE VEGETATION (FLOSV) r -FLAGGED W A CMA OFFICAL E BEARING I DISTANCE 10/30/2018 1 S 15'31'00" W 34.57' 6.2 t 2 S 15'31'00" W 41.40 3 N 73'16'42" W 1 10.44' 4 N 63'56'22" W 19.82' g 5 N 6652 35" W 20.26' p 0O 6 S 15'31'00" W 30.40' I O 7 N 50'35'55" W 16.74'� 8 S 80'20'19' W 28.04 2000-USAQE ___ 9 S 78'4223" E 9.34' o, I---- MHWL 10 N 15'31'00" E 18.03" Ld 160' OFFSET FROM (FLOSV).o- O O 0 In 7 1 z 1998 STATIC -VE("EiAT10N LiRE7—N SPOT GROUND ELEVATIONS 5.1't CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS 7.3't BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE AN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS _. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED IRS ULATIONS, THE DETERMINATION OF SECTION 404 JURISDICTION 6.0't BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) RS FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS ERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT THE 1987 U S ARMY CORPS OF ENGINEERS WETLANDS ±12.0' IDGE O DUN I I.1't 20' MBL f6.3' O ml � m co � jl€yyE�,QPM�NT _----------- 11.1't __� LINE JL9 .- Ln o / z .- INEATION MANUAL. 4907 EAST OFFICIAL ACTION ID NO: co Q. SEAL 9� - L-3586 �SuR.41 LEGEND(IF USED) REBAR I///J�//V. �Gu/ J 3 4 WLS / 0 M in WARD TOE J !n t6.5' t8.0' t6.5' CB, eTP BEACH DRIVE 60' PUBLIC RIGHT-OF-WAY PROJECT: Town of Oak Island R FOUND DATE: 10/30/2018 t LINE LINE Page I OF 2 DNS OAK ISLAND CAMA=COASTAL AREA MANAGEI SSMH—SANITARY SEWER MANHi SSCO=SANITARY SEWER CLEAN F.E.M.A.—FEDERAL EMERGENCY 4907 F. Beach Dr. ZONING GRAPHIC SCALE IS 0 7.5 15 30 R-7I AGENCY 1 INCH = 30 FEET SETBACKS NOVcp FRONT- 15' N4. 7 21118 1GEMENT SIDE— 8'. C=10' MAP REAR- 20' TAX PARCEL # 249DFO 11 OODTHIS CERTIFICATPROPERTYI� FLOOD HAZARD AREA LOT SURVEY 1 OF 2 1. ES WITHIN A F.E.MA. SPECIAL VE-12, AS SHOWN ON F.I.R.M. 37202065007K, DATED 8/28/2018. FOR: TOWN OF OAK ISLAND GENERAL NOTES: 1. MEASUREMENTS ON THIS MAP ARE IN FEET AND OECIMALS THEREOF. 2. ALL SET CORNERS ARE 1/2" IRON REBAR UNLESS OTHERWISE NOTED. LOT 4 3. THIS PROPERTY MAY BE SUBJECT TO ADDITIONAL EASEMENTS. RIGHTS OF WAYS AND RESTRICTIONS NOT DISCERNIBLE BY 0135EWATION AT THE TIME OF SURVEY OR THAT MAY BE OF RECORD. NO TITLE SEARCH BY BLOCK 8, SECTION 1 THOMAS D. VON CANON. LONG BEACH REFERENCES: 1. PLAT OF LONG BEACH, SECTION B. RECORDED IN MAP CABINET 1. OAK ISLAND, SMITHVILLE TOWNSHIP PAGE 96-99 ON 3/17/1939 IN THE BRUNSWICK COUNT', NORTH CAROUR k BRUNSWICK COUNTY, NORTH CAROLINA REGISTER OF DEEDS. 2. DEED BOOK 1190. PAGE 27, RECORDED IN THE BRUNSWICK COUNTY, NORTH CAROLINA REGISTER OF DEEDS. VGS BC CO., INC. C-2160 THIS IS TO CERTIFY THAT ON OCTOBER 30TH, 2018, 1 SURVEYED THE 1 YAUPON WAY PROPERTY SHOWN ON THIS PLAT, AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS. IF ANY. ARE SHOWN EBl. E AREA OF V S OAK ISLAND, NC THIS PROPERTY IS ACRE AS C CU 6f COOR INATE COMPUTATIO ND rH R of aosu Is 1:10,000. (� TELE. (704) 361 —1557 EMAIL vcsbrunsco®ec.rr.com SIGNED ,,,,, ,,,,,� g THOMAS D. VON CANON L-3586 ATLANTIC OCEAN AREAS TO BE FILLED IJ APPROXiF E AREA INADMON3TOB.B 50.00' WEIl S TO RECEWE RLL- 4 6.5 SF. iT1+50 TOIL AREA-54%.3 SF. W Z l� v a A a �n> O W F w O ¢ m 0' K0 w O Z ¢ �O o a w UPS RECEIVE® NOV 272018 OOM-MHD CITY �mm'1+00 �®�1+25 -■-■■fir-'-� �� Detached deck redline Deck footprint: 10'x 32' mmialmao% %l �i�► �iii��a• i■�� ®ies t.�.����u�■��� FINISHED r►� ��■�i.l.il��l►..� DATE: 10/30/2018 ®��0+15 �■■■��7.1.�1��1■■��1• ave 2 OF 2 -EDGE OF PAVEMENT CENTER LINE OF EAST BEACH DRIVE PROFILE 4907 EAST BEACH DRIVE 60' PUBLIC RIGHT-OF-WAY TOWN OF OAK ISLAND 1+50 1+00 0+50 PROFILE SCALE: VERTICAL: 1 IN.=10 F. / HORIZONTAL: 1 IN.=40 FT. EXISTING GRADE FINISHED GRADE ® FILL AREA 404 FILL AREA 0+00 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Town of Oak Island c/o Steven Edwards 4601 E. Oak Island Drive Oak Island, NC 28465 Dear Mr. Edwards: NORTH CAROLINA Environmental Qualify November 16, 2018 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for the Town of Oak Island, for State approval for development of the subject property located at 4907 E Beach Drive, adjacent to the Atlantic Ocean, on Oak Island in Brunswick County. It was received as complete on November 9, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 23, 2019. 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 November 9, 2018, 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, /[.v p Tara MacPherson Field Representative cc: Courtney Spears, DCM Liz Hair, COE Doug Huggett, MHC Town of Oak Island, Applicant Donna Coleman, LPO Chad Coburn, DWR D _ M5 RECEIVED NOV 2 7 2� DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension 1 Wilmington. North Carolina 28405 \T(1'1'I(ol$176A RECEIVED NOV 2 7 2018 DCM-MHD CITY LAMA PERMIT l%AljA4 ARM �t1 I FT WA KII.-W kDVAE :T• F LIILON OaCo. COMMENTS ACCEPTED THROUGRecember 12 2018 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Town of Oak Island NC Div. of Coastal Management 4601 E. Oak Island Drive 127 Cardinal Dr. Extension Oak Island, NC Wilmington, NC 28405 Tara MacPherson, Field Specialist Agent: Steven Edwards (910)201-8052 910-796-7425 r>;v o .. - ru Ln L-JJ SE, t9 certified Mail Fee z 7 $ Z O pp ❑" EMrg$e ces& Feea r. m.,.de ke re) Receipt O eam InMaPPDY) $— ❑ReLm 1M Recelpl lelectranicl $ ❑(%dMed Mell Peetric[ee Delhxry $ . lLC O❑Aaua&gneture Reeuire $ ❑Adun&eneture RenMcted DdMery$ J O Postage i� 9 f~7 ° O $ total Postage and Feet I `r� 6h a Z N:r, a Sent To M -..; _three✓ as o, l� t sly`- A" -d______________ _____._..............-_____.__. ctry, Stare, 27 1A t$.r I O t& . Ktc- Zt Zo9 u1 o Q" CertNled M ea COJt T u$ 0' Eztra rvicea& Fees(ceecxew,e$/ee es eppmpngkl arum Px.IPt thaaconv) $ t7 ❑Petum R.celPt(erecirapic) $ O O DenMNa Melt RW6Mre Delivery $ C3 ❑Mua Sgnewre RK.1l $ 0 []MutSlln re Re tee Delivery$ 171 Postage OTotal Postage and Fees t... Sent To Th.O.$1.y s TK�I,t1Atk:S p Sieei eild ..7Jo/-�a�P7fgox�Q-. r� LU 04aq 2911 c 0 RECEIVED NOV 272018 DCM-MHD CITY Certified Mail - Return Receipt Requested October 23, 2018 Matthew D. Brenner 331 Hillside Avenue Charlotte, NC 28209 Dear Mr. Brenner: The Town of Oak Island is applying for a CAMA Major permit to prep and fill wetlands for construction of single family homes, located at 4905, 4907 and 4909 E. Beach Dr., adjacent to the Atlantic Ocean, in Brunswick County, North Carolina. The specks of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Debra Wilson, 127 Cardinal Drive Ext, Wilmington, NC 28405, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-201-8052, or e-mail me at sedwardsaci.oak-island.nc. us. RECEIVED Sincerely, NOV 2 7 2018 C'5�7_ DCM-MHD CITY Steven Edwards, Development Services Director RECEIVED Enclosures DCM WILMINGTON, NC GC 1 2 9 2018 4601 E. Oak Island Drive • Oak Island, North Carolina 28465 Phone: (910) 278-5011 • Fax: (910) 278-3400 • Website: www.oakislandnc.com SOWN OF Certified Mail — Return Receipt Requested October 23, 2018 Thomas & Jacqueline Savidge 71 Cavalier Dr. Apt.1203 Wilmington, NC 28405-4450 Dear Mr. & Ms. Savidge: The Town of Oak Island is applying for a CAMA Major permit to prep and fill wetlands for construction of single family homes, located at 4905, 4907 and 4909 E. Beach Dr., adjacent to the Atlantic Ocean, in Brunswick County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Debra Wilson, 127 Cardinal Drive Ext, Wilmington, NC 28405, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-201-8052, or e-mail me at sedwards@ci.oak-island.nc. us. RECEIVED Sincerely, NOV 2 7 2018 SL'� DCM-MHD CITY Steven Edwards, Development Services Director RECEIVED DCM Enclosures WILMINGTON, Nc OCT 29 2018 4601 E. Oak Island Drive - Oak Island, North Carolina 28465 Phone: (910) 278-5011 - Fax: (910) 278-3400 - Website: www.oakislandnc.com AEC HAZARD NOTICE Project Is In An: -Zi Ocean Erodible Area High Hazard Flood Area Property Property Date Lot Was Platted: ry 1Nft t^ I 1 1 1 1 9' l This notice is intended to make 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 hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(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 located is 2 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 ._feet landward in a major storm. The flood waters in a major storm are predicted to be about 4 2-_feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. Inlet Hazard Area SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has 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 of storm within the 60-day period will necessitate remeasurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For rnore information, contact. Local Permit Officer n 27 Carrlll'o I Qrlve Q_ Address Wolwt,"41. MC 29LI05-381Y5 Locality `71D - -7`t!a - -74IZ5 Phone Number RE NOV 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC Revised BEFORE YOU BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront, you take a calculated risk. Natural forces of water and wind collide with tons of force, even on calm days. Man-made structures cannot be guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) may take from two to ten feet of the beach each year, and, sooner or later, will threaten oceanfront structures. These are the facts of life for oceanfront property owners. The Coastal Resources Commission (CRC) has adopted rules for building along the oceanfront. The rules are intended to avoid an unreasonable risk to life and property, and to limit public and private losses from storm and long-term erosion. These rules lessen but do not eliminate the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge, you can make a more informed decision about where and how to build in the coastal area. The Rules When you build along the oceanfront, coastal management rules require that the structure be sited to fit safely into the beach environment. Structures along the oceanfront, less than 5,000 square feet in size, must be behind the frontal dune, landward of the crest of the primary dune, and set back from the first line of stable natural vegetation a distance equal to 30 times the annual erosion rate (a minimum of 60 feet). The setback calculation increases as the size of the structure increases (15A NCAC 7H.0306(a)(2)j. For example: A structure between 5,000 and 10,000 square feet would require a setback from the first line of stable', natural vegetation to a distance equal to 60 times the annual erosion rate (a minimum of 120 feet). The graduated setback continues to increase through structure sizes greater than 100,000 square fret. ' The Reasons The beachfront is an ever -changing landform. The beach and the dunes are natural "shock absorbers," taking the beating of the wind and waves and protecting the inland areas. By incorporating building setbacks into the regulations, you have a good chance of enjoying the full life of the structure. At first, it seems very inviting to build your dream house as close to the beach as possible, but in five years you could find the dream has become a nightmare as high tides and storm tides threaten your investment. The Exception The Coastal Resources Commission recognized that these rules, initially passed in June 1979, might prove a hardship for some property owners. Therefore, they established an exception for lots that cannot meet the setback requirement. The exception allows buildings in front of the current setback, if the following conditions apply: (1) the lot must have been platted as of June 1, 1979, and is not capable of being enlarged by combining with adjoining land under the same ownership; (2) development must be constructed as far back on the property as possible and in no case less than 60 feet landward of the vegetation line; (3) no development can take place on the frontal dune; (4) special construction standards on piling depth and square footage must be met; and (5) all other CAMA, state and local regulations must be met. The exception is not available in the Inlet Hazard Area. To determine eligibility for the exception the Local Permit Officer will make these measurements and observations: required setback from vegetation line exception setback (maximum feasible) rear properly line setback max. allowable square footage on lowest floor piling length needed to extend 4 feet below MSL IRUERRIT tfRUE1tIRE;1NA616L%TE9tT1ACK IFTLO ORttreRM e1ACI0140f0.t . k8;... `. k�! . iiAT�':.. I�OiT•S1ORM RiACIt�Itern.E ' M.Ck ` M 6149 VtA1Z Aim 5101MABACN 10111 OO After the storm, the house on the dune will be gone. The other house has a much better chance of survival. Book page 1190 0027 Prepared by J. Gates Harris Post Office Box 128 Red Springs, North Carolina 28377 NORTH CCAROLINA BRUNSWICK COUNTY FILED BRURSVICB COUNTY Bc 12h7 97 1,ed Pa ROBERT J. ROBIRSON Register Of Deeds This SPECIAL WARRANTY DEED made as of the 25th day of November, 1997, between W.W. BECK, 1R., and wife, MARY A. BECK, Grantor, and TOWN OF TANG BEACH, A NORTH CAROLINA MUNICIPAL CORPORATION, Grantee. WITNESSETH: That said Grantor in consideration of the sum of.Ten Dollars ($10.00) and other valuable considerations to them in hand paid, the receipt of which is hereby acknowledged, have bargaining and sold and by these presents do bargain, sell, and convey unto the Grantee that certain tract or parcel of land lying and being in Brunswick County, North Carolina, and being more particularly described as follows: • Being all of Lot Nos. THREE (3). FOUR (4) AND Fin (5), Block 8, . ti Section 1, Long Beach, shown on the map recorded in Map Book 1, Al &e Pages 96, 97, 98 and 99, Brunswick County Registry. f These are the same tracts conveyed by the Deeds recorded in Book 592 - Page 600, Book 565, Page 608, and Book 565, Page 606, Brunswick ,y County Registry. ♦n This conveyance is also made subject to the following reservations and RECEIVED a�� ` > exceptions: 00 ]. Encroachments, overlaps, boundary line disputes, easements or NOV 2 % 2018 claims of easement, rights of parties in possession, if any, and Pny other matters that would be disclosed by an accurate survey or-spection of DCM-IbIF'ID the premises. CITY 2. Liens for taxes not yet due and payable, if any. �1 �P TOTAL 1.91f REVT.Ci�LO'1 RECEIVED DCM WILMINGTON, NC _ FCC 01By S o-. i44D F alt °' I OCT 2 9 2018 3 f— n F Olt. Book Paq* 1190 0028 3. Any law, ordinance or government regulation (including but not limited to building and zoning ordinances, statutes and regulations) that restricts, regulates, or prohibits the occupancy, use or enjoyment of the Property, or regulates the character, dimensions or location of any improvement now or hereafter erected on the premises. 4. All applicable restrictive covenants and utility easements of record, if any, as will appear of the Brunswick County Registry. To HAVE AND To HOLD the premises and all privileges and appurtenances thereunto belonging unto the Grantee and its succasors and assigns, in fee simple forever. AND the Grantor covenant with the Grantee, that the Grantor have not placed or suffered to be placed any presently existing lien or incumbrance on said premises and that it will warrant and defend die title to the same against the lawful claims of all person claiming by, through, under or on account of it, but no further, other ttun matters set out in this Special Warranty Deed. IN TEMMONY WHEREOF, the Grantor have hereunto set their bands and as of the day and year first above written. /. ,1/1 /11" A MARY A' RECEIVED NOV 272018 RECEIVED DCM WILM NGTON. NC DCM-MHD CITY OCT 2?2018 1190 0029 NORTH CAROLINA ROBESON COUNTY 1, a Notary Public, certify that W.W. BECK, JR., and MARY A. BECK, personally appeared before me and acknowledged the execution of the foregoing DEED. /�ttrm� Witness my hand and official seal this the .� day of 1997_` +m AVBLtC ' My commission expires: IAEA RECEIVED S[A77i OF NORM CAROI.INA NOV 2 7 2018 COUNTY OF BRUNSWICK � � r � tt. 7bc Fomgoing(ormnexed)Cenigaie(s)of -l.� ni5rf. N wgl�'er5 V^CM-MHD CITY Notary(im) Public is (are) Ccrtifrcd to be Correa. 7bis Insuument was filed for Registration on ibis_Dayof 1 )Q(�err�J•?.n 1997 in the Book and Page shown on the ,,t Page hcreof. R08ERTJ.R081t�SON4 Register f�Deeds RECEIVED DCM WILMINGTON, NC OCT 29 2018 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00379 County: Brunswick U.S.G.S. Quad: NC- Southport NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Town of Oak Island Attn.: Mr. David Kelly. Address: 4601 E. Oak Island Drive Oak Island, NC 28465 Telephone Number: (910) 201-8002 Size (acres) 0.27 Nearest Town Oak Island Nearest Waterway Atlantic Ocean River Basin Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.9096 Longitude:—78.1140 Location description: The project area is located at 4905, 4907 and 4909 E. Beach Drive in Oak Island. Brunswick County. North Carolina. Parcel ID #s are 249DF012.249DF011. and 249DF010 Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be wetlands on the above described project area/property, 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). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries ofthese waters are shown on the enclosed delineation map dated, Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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. ❑ There appear to be wetlands on the above described project area/property, 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). However, since the wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a deliati can be verified by the Corps. 9tFnntltat,99 VVED B. Approved Determination NOV 2 7 2018 ❑ There are Navigable Waters of the United States within the above described project area/property subject to the d:i6 -M HD CITY 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 law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ® There are wetlands on the above described project arealproperty 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. ❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. CEIVED DCM WIEM NG ON, NC OCT 2 9 2018 SAW-2018-00379 The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ® The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on /2018. 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. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Mr. Eric Reusch at (910) 251-4631 or Eric.G.Reusch(4usace.a rmv.mil. C. Basis For Determination: Basis For Determination: Seethe aoproved jurisdictional determination form dated 8/23/2018. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. 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 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 10/22n018. "It is not necessary to submit an RFA form to the Division Office if you do not object to the de a to this correspondence." Corps Regulatory Official: REUSCH.ERIC.GEORGE.12900539664"y-'- RE��I'�99 RECEIVED Date of JD: 8/23/2018 Expiration Date of JD: 8/23/2023 NOV 2 7 2018 DCM WILMINGTON, NC DCM-MHD CITY OCT 2 9 2018 SAW-2018-00379 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 http://corpsmapu.usace.army.mil/cm_apex/f?p=l 36:4:0 RECEIVED NOV 2 7 2018 r)cM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 OTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND R Applif Oak Island. File Number: SAW-2018-00379 Date: 8/23/2018 Attac MPRELIMINARY See Section below OFFERED PERMIT Standard Permit or Letter of permission)A D PERMIT Standard Permit or Letter of permission)B NIAL C JURISDICTIONAL DETERMINATION D RY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.armv mil/Missions/CivilWorks/Re ug latoryProgramandPermits asox or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: 1f you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT RECEIVED NOV 2 DCM-NIHD CiTY OCT 2 9 2018 REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may rovide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Mr. Eric Reusch CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room IOM15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of ansite investigation, and will have the o ortuni to artici ate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Mr. Eric Reusch, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED o 2 12018 0CM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 VICINITY MAP ATLANTIC OCEAN xm m seNE *6.O' ?.t'SPOT � *6.2' WATERWAID TOE A7lANRC OCEAN GROUND ELEVATIONS S 74.29'OO" E EAST BEACH DRN — — — — — IRS 50.00' IRS - - - - 2 *Iso' - I — *7i.7 I EAST PEIXAN DRIVE W FIRST UNE OF STABLE FLO VEOETAl1ON (FLOSYI m AM I IflF UNE I BEARING DISTANCE D T *6.3' I WL7 I s 15.3100 W 1 34.87 WL2 s 7N0.440 o !ItTo, 137t 0sS WL3 N4 O wL4 1 s w 1 21.78 II II w 42 1 ES 5 O Ws 33 No I rj I b —. o mou (M1OS`Y)— OFTSET t I I ;n I I O z 404 I I .n 3 WAREA/3 Nn I 7vEcflATW7±LWE — rg I N Wzq It*7.5THIS CERTIFIERS THAT THIS COPY OF THIS PUT ACCURATELY OFPICfS *6.07.7'ME BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THESCLEAN WATER AV AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANCE IN THE U41N OR OUR PUBLISHED ssm .6 N n*7.0' REGULATIONS, THE DETERUIMPON OF SECTION tD4 JURISDICTON *6.5' 's My BE RELIED UPON MR A PERIOD NOf TO EKCEED FINE (5) YEARS FROM THIS DATE THE LOrMnXED COMPLETED THIS co. THE REGONAL ENT THE 67 U. TO i A u+• CORPS o�wNaiNE WETLAN D 60' PUBLIC RIGHT-OF-WAY DEUNFATION MANUAL 0.EUSCH.ERIC.GEORGE1 �� 4905 EAST BEACH DRIVE REGULATORY OFFICIAL,-;....,_; 290053966 .. TILE: DATE; NOTE THIS PROPERTY UES WDHIN THE CA.MA OCEAN ERODIBLE AREA OF JE:ACE ACTION ID NO: ENWRONMENTAL CONCERN. LEGEND(w usm) C'9Rp II ?pRSH 4 NEk!4 HIGH WIER UK NNBL-MINNUII BUILDING UNE IflON O Z R REBM SET OtESS/ QQ' 7 *t,t GROUND EEEVAIIUNS -CONSTRUCTION OAK ISLAND SEAL E-LC ENTRANCE -SILT PENCE ZONING GRAPHIC SCALE r L-3586 NY TRAN-TRANSFORMER TP-TEUEPHONEER PEDESTAL IST&i7 l? 30 R-7 SURN� QIAO-CCOAST&r NT � I® q P s�ETYE MWq S G sEIBFOK6 �.S ARY SEWER CILEAIOIR FRONT. 18' p yp1, EMA FEDERAL NERGENCY MAUDEMENT sm. B'. c-10' AGEING, FA.R.M- FEDERAL NSURANCE RATE uAR AW ' an• TAX PARCEL 0 249DF012 - EHCNEERa FDDD�W I. THIS PROPERTY LIES WITHIN A F.EMA S7= FLOOD PIAT.VRO 404 WETLAND SURVEY RECEIVED K-17, 4E-HI AS SHOWN ON F.IR.LL J72020880OI, DASD 8/2/2008. /M GENERAL NOTES: FOR: TOWN OF LONG BEACH 1. MEASUREMENTS ON THIS MAP ARE IN FEET AND DECIMALS THEREOF. E ALL SET CORNEAS ARE 1/2• IRON REBAN UNLESS OTHERWISE NOTED, 7 2018 3' THIS WAYS AND RESTRICTIONSwtroODISCCEERNrr DIBY SCERN ENSEWNIS' ARIGHTSTHE OF N�� LOT 3 TIRE OF SURVEY OR THAT WY BE OF RECORD. NO TITLE SF H BY THONAS D, VON CANON.REFERENCES.. BLOCK 8, SECTION 1 1. LONG BEACH � )C�ry.pAHD CITY PLAT OF LONG BEACH, SECTION 8, RECORDED IN MW CABINET 1, PACE BauNsrecN c°wm' "aD" OAK ISLAND, SMITHVILLE TOWNSHIP CWU N6A REcrs En/ov/1DEEDsN'"E BRUNSWICK COUNTY, NORTH CAROLINA 2. OEED DOOR 1190. PACE 27. RECORDED W THE BRUNSWICK COUNTY, NORTH CAROIWA REGISTER OF DEEDS, THIS IS TO CERTIFY THAT ON MARCH SN, 201e, I SURVEYED THE VCS & CO., INC. C-2160 PROPER^' SHgVN ON TNe PLAT• ARp TIiAT lKS AND INE wM,c DF THE BVIURHGS, IF ANr. N THE AREA of 1 YAUPON WAY RECEIVED Ms PROPEAIY 72 ACRES UTED NATE ARE N V S OAK ISLAND, NC C TELE. (704) 361-1557 DCM WILMINGTON, NC SIGNED EMAIL vcsbmnsco®ec.rr.com 1-O. O. VON CANON L-3686 - 7 B O C T 2 9 2018 UNS DF I ANTI � m a. -- A..... ...... NNE FOREST VICINITY MAP lwT w TNRL ATLANTIC OCEAN O "."±- SPOT GROUND ELEVATIONS ATLANTIC OCEAN! NOTE THIS PROPERTY LIES WRHN THE CANA OCEAN ERODIBLE AREA OF ENVIRONMENTAL CONCERN. 5.8't WATERWARD TOE S 74729.00- E IRS 50.00' JR5 — — T — - - — — 11.P! *12.0• MOE-OF MINE FIRST UNNEE OF STABLE =- I F OFFICAL I I 8.2•I k6O 3 I I I - —Ti F---gp�--- Iw' OFFSET FROM (FLO"W o ---- - *I�WC �+ > FSEB] I LI o n I O n o wEREA I N I 3 u3B. SOL FEET j � 3 fr I '-°Bn°uarin`iINE�� I WL WL4— WL g � I � 73'f RY OF THE JURISDICTION Of SECTION KOA OF THE .t8.0. I ACT AS DETERMINED BY THE UNDERSIGNED ON THIS S THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED In )BREDL$UV �T;,�o ssr6 THE DETERMINATION OF SECTION 404 JURISDICTION 5.0'ia 26.5' ED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) LANDRARO THIS DATE THE UNDERSRRE.D COMPLETED THIS IN UTIU21NG THE APPROPRIATE REGIONAL SUPPIEMEHT T U. S. ARMY CORPS OF ENGINEERS WETLANDS MANS REUSCH.ERIC.GEORGE.,....GW^,-C'----- 4907 EAST BEACH DRIVE OFFICW- 12110053966 60' PUBLIC RIGHT-OF-WAY ACTION W ND: LEGENDOF USED) SEAL L-3586 R-7 ENF AGENCY AIL SETMCIIS RI_ IS• MANAG w sue= P.10• PATE MAP GRAPHIC SCALE 11— q® I NCH - 30 FEET TAX PARCEL / 2490F011 I, THIS PROPERTY IDES WBNN A F.E IA SPECIAL FLOW HAZARD AREA LOT SURVEY VE-17. VE—IW SHOWN ON F.I.R.M. 3T2O20660OAI, DATED 6/2/2006. GENERAL NOTES: 1. MEASUREMENTS ON ms MAP ARE N FEET AND DECIMALS Immof'. 2. ALL SET CORNERS ARE 12' RON REDM UNLESS OTHERWISE NOTED. 3. HIS MAYOF DICER"UE FOR: TOWN OF OAK ISLAND WAYS AANNDDE E IONS BY OS�TIED A T"THE TIME OF SURVEY OR THAT NAY BE OF RECORD. NO TRLE SEARCH By THOMAS 0. LOT 4 BLOCK 8, SECTION 1 VON CANDN. REFERENCES LONG BEACH 1. PLAT OF LONG BEACH. SECTION 3. RECORDED IN MAP G&NET ,, D�x�3�n/IBSR N THE BRUNswsK cauNTr, NORTH cARGu OAK ISLAND, SK41WLLE TOWNSHIP pFE�CIST90 OF BRUNSWICK COUNTY, NORTH CAROLINA 2. DEED BOOK 11110. PAGE 27. RECORDED IN IHE N,UNSWVCK COUMY. NORTH CAROLNA REpsITE OF DEEDS, TBIS IS TO CERREY THAT ON MARCH SYN. 2018. 1 suRYEYED THE L VCS & CO., INC. C-2160 PROPERTY SNOWN ON THIS PLAT. AND TI M' THE TILE UNEI AND THE WALLS OF THE BUILDINGS. IF ANT', ARE sHDWN.BE". THE AREA OF 1 YAUPON WAY THIS PROPERTY IS 0.1 ACRES AS cALCUGTED Bt GORpNA1F you TWNH 1 1Nc �Hov of 2% ucc Is 1:la000. V ^ S' OAK ISLAND, NC TELE. (704) 361-1557 SIGNED /L �' EMAIL vesbrunseo®earc.eom - aMaN L_,SSe a g RECENED NOV 272018 M-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 NY MAP FG11[ OCEAN ATLANTIC OCEAN SPOT GROUND ELEVA71M S 74.29'00" E I I M L LINE BEARING I DISTANCE 1 1 6,2'*� T ,2' 1 N 73'16 42 W Is..44 WL2 5 28'06'11' W 1 6.99 WLJ N 7B'42'23 W 13.36 I WL4 N 15.31 00 E 41.40 Wl5 N 15.31 00 E 1 16.03 I O I I n UPLAND o Or---�`---- I I LAND AREA WL3 I I � a 257.9 S0. FEET I I M r I I z 3 Lwu � I r al I �I I 5.5'E WA MD TOE 4 I I I se� H6 CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS 5.9 * NE BOUNDARY OF THE JURISDICTION OF SECTION 4 OF THE TR.N :LEAN WATER ACT AS DETERMINED Of THE UNDERSIGNED ON THIS IRS N.TE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED * �� IEGUTAPONS, THE DETERMINATION OF SECTION 4 J RISDICIIONMy p M[n SD.DO TARSEFROMETTHIS GANTE. THE UNDERACNEDCOMPCLEETTEED MI55) W N 74'29'00" W IETERMINAPON UTORINC THE MPROPIJATF RFGIDNAI chow eueert O Ci T91E�wF O 60' OFFSET (FLM O O �T 4 �n I� it U. 5. MMT GORPS OF ENGINEERS WEMNGS MANUAL. ('1 REUSCH.ERIC.GEO». 4909 EAST BEACH DRIVE OFFICIAL- RISE 1290053966 „> 60' PUBLIC RIGHT—OF—WAY ACTION N NO: LEGEND(W USED) SEAL L-3586 AGENCY MAP nMIS PROPERwT1oN: . W- PROPERTY S WRHYI A VI N . SPECIN_720206 FLOOD M1i.Vt0 AREA VE-AL NE-19 AS SHOWN ON E.IR N. ST20206'AO)J. DAiFD 6/2/2ro9. 1. GENERAL NOTES: I. ALL SET CORNERS S S THIS MAP MEW FEET ANp DECIMALS THEREOF,NOTE 2 ALL SET CORNERS ME 1/2' WON O UNLESS OTIMEN11L NOTED. S MS PROPERTY MAY BE SUBJECT TO AIBLE BY EASEMENTS. RIGHTSAT OF WAYS AND RESIRIOR M NOT DISCERNIBLE BY . NO TITUE SAT THE TIMEMOI I SURVEY A THAT MAY BE OF RECORD. NO TTITE SE'ARGN BY 1HOW5 O VON CANON. 1. PLAT OF LONG BEILM SECTION B, NECOR E, W IMP C,,NET I, PACE 96-99 ON 3/17/1939 IN THE BRUNSWIG( COUNTY, NORTH CMOLINA REGISTER OF DEEDS. 2. DEED BOOK 1190. PACE 27, RECORDED IN THE 9RUNSMLK COUNTY. NORTH CAROUNA REGISTER OF DEEDS. THIS IS TO CERTIFY THAT ON NARC11 STH, 2016, I SURMMD IME PROPERTY SHOWN ON THIS PLAT, AND THAT THE TIRE LINES , ME WALLS OF THE BUILDINGS. IF ANY, ME SHOWN HEREON. THE AREA R 1W$ PROPERTY 6 0.1) .IcJ}RHIEWWSTTT AS cWsuATFn �eErco/DROP1Are SIGNOY �ITAIq� THOYAS 0. YON 11JION L-3Y6 NOTE THIS PROPERTY uES wiTHIN THE CAM.A OCEAN ERODIBLE MEA OF EIMIOHMENTK CONCERN. ZONING GRAPHIC SCALE is p 7 s Lp R-7 b-® w 1 INCH . lD FEET SETBYF15 FROM - IV'C REM TAX PARCEL /1 249OF010 LOT SURVEY FOR: TOWN OF OAK ISLAND LOT 5 BLOCK B. SECTION 1 LONG BEACH OAK ISLAND, SMITHVILLE TOWNSHIP 0( BRUNSWICK COUNTY, NORTH CAROLINA VCS & CO., INC. C-2160 1 YAUPON WAY ' C S OAK ISLAND, NC TELE. (704) 361-1SS7 EMAIL vcsbrunsco®ec.m.corn RECEDED NOV 2 7 2018 N.MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): August 23, 2018 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District-WFO, 4905, 4907, 4909 E. Beach Dr., SAW-2018- 00379 C. PROJECT LOCATION AND BACKGROUND INFORMATION: Smm:NC County/parish/borough: Brunswick City: Oak Island Center coordinates of site (lat/long in degree decimal format): Lat. 33.90960 N, Long.-78.1141 ° W. Universal Transverse Mercator. Name of nearest waterbody: Atlantic Ocean Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Atlantic Ocean Name of watershed or Hydrologic Unit Code (HUC): 03020106 (� Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination.. Date: ® Field Determination. Date(s): 2/2312018 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. ThereAre no "navigable waters othhe US" within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters othee U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):' ❑ TNWs, including territorial seas ® Wetlands adjacent to TNWs ❑ Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands RECEIVED b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet: width (ft) and/or acres. NOV 2 % 2018 Wetlands: 0.04 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual CM-MHD CITY Elevation of established OH WM (if known): 2. Non -regulated waters/wetlands (check if applicable):' ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdicti(99CEIVED Explain: DCM WILMINGTON, NC OCT 2 9 2018 Boxes checked below shall be supported by completing the appropriate sections in Section Bl below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "swsonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section IILF. Identify flow route to TNW5: Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply)' Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: P]ck List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of mdrifile/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow; Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM' (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving ❑ vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition ❑ water staining ❑ other (list): ❑ Discontinuous OHWM.' Explain: ❑ the presence of litter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of C WA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): RECEIVED (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed charalloVic$ cic.2018 Explain: Identify specific pollutants, if known: DCM—MHD Crry 'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break, '[bid. RECEIVED DCM WILMINGTON, NC OCT 2 9 Z018 (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for. ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: - ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into ,rNW (i) Physical Characteristics: (a) General Wetland Characteristics, Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Pmject wetlands cross or serve as state boundaries. Explain: (b) General Flow Relatianshio with Non-TNW: Flow is: Pick Lie. Explain: Surface flow is: Pick Lisi Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adiacenev Determination with Non-TNW ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationshin) to TNW Project wetlands are Pick Lts_i river miles from TNW. Project waters are Pick Lint aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ki) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: . Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation typelpercent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other enviroomentally-sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: RECEIVED 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick Liaf NOV 2 7 2018 Approximately ( ) acres in total are being considered in the cumulative analysis. r rCM—MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 Provide estimates forjurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify qW(s) of waters: 3. Non-RPWO that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section ID.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates forjurisdictional wetlands in the review area acres. 7. Impoundments of jurisdictional waters? As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'o RECEIVED ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. NOV 2 2�18 ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: DCM-MHD CITY 'See Footnote N 3. ' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. "Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ.focCEI review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. DCM tCEIVED ED ]sjC OCT 2 9 2018 At Artie s Spears, Courtney From: .-Hu99ett, Doug Sent: Monday, May 20, 2019 415. PM To:Steve Edwards Cc: _ - Davis, Braxton C; Goebel, Christine A; Spears, Courtney r Subject: RE: [External] FW:;CAMA Major Permit: Town of Oak Island Steve In cases like this where the Division's interpretation of a rule or rules differ from that of the applicant, the applicant has several options available to them. The first option, as we have previously discussed, is for the Town to request a Declaratory Ruling from the CRC. The procedures for such a ruling can be found at httDs://files.nc.Rov/ncdeo/Coastal%2OManagement/documents/PDF/CAMA/t15a-_OT.O600.pdf. Should the Town request such a ruling, the Division believes we could likely support a Commission interpretation that would allow for fill waterward of the Development Line and oceanfront setbacks. However, we do not believe at this time that we would support a request that the Commission interpret the Development Line rule as allowing structures such as decks waterward of the Development line. The town could also either appeal the disputed permit conditions or ask the CRC for a variance from their rules. An appeal would take the form of a hearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with the requirements of §150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of the disputed permit actions. A copy of this petition should also be served at the following address: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 The Town may also wish to request a variance from the CRC. Applying for a variance requires that the Town first acknowledge and recognize that the Division applied the CRC's rules properly in issuing the permit that conditioned out certain requested components of the proposed projects. The Town could then request an exception to the Commission's Rules based on hardships resulting from unusual conditions of the property. To apply for a variance, you must file a petition for a variance with the Director of the Division of Coastal Management and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the project and the reasons for requesting a variance. The variance request may be filed at any time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request to be eligible to be heard at that meeting. The standard variance forms may be obtained by visiting the Division's web page at: https•//deg nc gov/about/divisions/coastal management/coastal-management-permits/variances-appeals. With regards to your position that the Division defaulted on our permit decisions by not providing you a notice of extended review before the 75 day deadline, the Division does not agree. I am afraid that I cannot locate the policy document giving guidance on this issue that I thought existed. However, I discussed this matter with both the DCM Director and the Division's legal counsel, and we all are in full agreement that the pertinent rules in this case do not support your assertion. Specifically, NCGS 113-229 states that "The Department shall act on an application for permit within 75 days after the completed application is filed, provided the Department may extend such deadline by not more than an additional 75 days if necessary properly to consider the application....". Similar language also exists in NCGS 113A-112(c), which states "Failure of the Commission to approve or deny an application for a permit pursuant to this section within 75 days from receipt of application shall be treated as approval of the application, except the Commission may extend the deadline by not more than an additional 75 days in exceptional cases." Neither of these laws require that written notice be given to an applicant on or. before the 75th day, only that the Division make the decision that an extended review period is necessary.. Additionally,the acknowledgement letters that were sent to the Town once each _ofthe.three.application packages were received as, complete included the following language 'An additional 75-day review"period is provided by lainiwhen such:time is necessary.tolcomglete the review. If you havehot been notified of a final action'by the initial deadline stated above, you should consider the review period extended gHderthose circumstances this letter will serve is your notice of an extended review. However, an additional letter will be provided on or about the 75 h day". Taking all of this information into consideration, the Division firmly believes that we acted properly and in accordance with all legal processing requirements in this case. _ - ., I hope that this information makes sense to you. The Division stands ready to act on any of the above -listed options that . the Town may wish to pursue. - Sincerely Doug Huggett From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Tuesday, May 14, 201911:48 AM To: Huggett, Doug <doug.huggett@ncdenr.gov> Cc: Davis, Braxton C <Braxton.Davis@NCDENR.Gov> Subject: [External] FW: CAMA Major Permit: Town of Oak Island Morning Doug, I have received two of the three CAMA permits for Oak Island, attached, and assume the third one is pending. As you know, I feel strongly that the projects, as proposed, met the development line rules. In addition your interpretation that the stabilization of the dune is considered fill for the project is, in my opinion, just wrong. As, we discussed during a previous phone conversation, these lots sit in a bowl behind the dune line and the fill being placed at the landward toe of the dune is for stabilization, which brings this area behind the dune in line with the adjacent grade to the existing dune system. You also discussed seeking a declaratory ruling as to the CRC's intent for development seaward of the development line. Is this something that you were bringing before the CRC or do I need to prepare the declaratory ruling request? Last item to discuss is NCGS 113A-112(c) and how it pertains to the 75 day approval or denial period. As you know, we differ on interpretation, but you were to send me a copy of the legal interpretation regarding this statute. Please send as soon as possible so I may review. Thanks in advance, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 From:.Pietila Tan a K mailto:tan a. ietilatalncdenr. ov _. ,.. .y- [ Y P� 9 l Sent Monday, May 13, 2019,4:34 PM TO:Hair, Sarah iIU CESAW. CESAD (US) •Cn6urh Chao Weychert,%Curtis R, Christenbury, Mike; DCR - ENronmenFal_fieview; Butler,' Rodney A; Zeigler; Mark D; Harris, David B, Dunh, Maria T.; Walton, Tim; Moser ;.Mikir Humphrey, Jeremy; Gupton, Sharon; Montalvo, Sheri A; Hall, Christine; Sams, Dan; Cox, Heidi Cc: Spears, Courtney; Day, Susan; Steve Edwards Subject: CAMA Major Permit: Town of Oak Island Hello All, Attached please find State Permit #'s 30-19, 31-19 and 32-19 for Town of Oak Island in Brunswick County. The original has been sent to the permitee via USPS. Please reply with your questions or concerns, to Courtney Spears at courtnev.spears .ncdenr.2ov or at (910) 796-7426. Susan: A hard -copy of the permit and additional documents are being sent to you Tuesday via courier. Thank you! Tanya Tanya Pietila Administrative Support NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7427 Tanya.Pietila@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 3