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
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PROFILE
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---- 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
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249DFO10-012 - 4905, 4907 & 4909 E. Beach Dr.
RECEIVED
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_8
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1+50
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LOT 4
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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
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VICINITY MAP ATLANTIC OCEAN
Nor To SCALE NOTE: THIS PROPERTY LIES WITHIN THE
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ENVIRONMENTAL CONCERN. 5.8't WATERWARD TOE
ATLANTIC OCEAN
w S 7429'00" E
rn EAST BEACH DRIVE _ In
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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
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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
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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
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NOV 272018
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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
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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
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/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
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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
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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
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RECENED
NOV 272018
M-MHD CITY
RECEIVED
DCM WILMINGTON, NC
OCT 2 9 2018
NY MAP
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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
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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