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HomeMy WebLinkAbout134-18 County of BrunswickPermit Class NEW Permit Number 134-18 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 113A-118 --IL Excavation and/or filling pursuant to NCGS 113-229 Issued to County of Brunswick, cto Aaron Perkins PO Box 249 Bolivia, NC 28422 Authorizing development in Brunswick County J. to the AIW W, at 3155 Holden Beach Rd /tax parcel 232GC001- in Supply , as requested in the permittee's application dated osm/18 (I j, Nw-41 and 08/22/18 (MP-3, MP-5), incl. attached workplan dwgs., (16) a-002. CI01-C104 & C108-Cl15 (13) dazed 08/0&18 and C105-C107 (3) dated rev. 08/23/18. This permit, issued on December 18, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ie subject to tines, imprisonment or civil action; or may cause me permit to oe nun ana voia. Public Access/Kayak Launch Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. `" 2) No sewage, whether treated or untreated, shall be discharged at any time from any vessels using the facility. Any sewage discharge at the facility shall be considered a violation of this permit for which the penmittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure (See attached sheets for Additional Conditions) Th;C TPTA,Ii Y/.}InT T19V 1'P OPnP9IP(1 hV the TP ittPP nr nthP.r Gonad by the authnrity of the Cerrrtary of DF.O and the qualified persons within twenty (20) days of the issuing date. ibis 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, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission. � El Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby acceCEIVED DEC 2 7 2018 DCM-MHD Cl Signature of Permittee County of Brunswick Permit No.134-18 Page2 of 4 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) Any portion of the permitted access pier(s), walkways/boardwalk, and facilities built over Coastal Wetlands shall not exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland substrate as measured from the bottom of the decking. In order to comply with this condition, the proposed viewingibench areas located over Coastal Wetlands are not authorized. 6) This permit authorizes a maximum of four (4) formalized kayak/canoe slips. 7) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or.wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 8) . The roof of the gazebo shall not be designed for second story use. 9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 10) The public access/kayak launch facility shall post signage indicating that the authorized slips are only intended for non -motorized vessel usage. 11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/MammaVmanatee guidelines.pdf. Cultural Resources 12) Prior to the initiation of any high ground land -disturbing activities authorized by this permit, the permittee shall, in coordination with the N.C. Department of Natural & Cultural Resources (NCDNCR), develop and implement an archaeological survey of the proposed project area. Initiation of permitted high ground land -disturbing activities shall not begin until written approval is obtained from NCDNCR, and a copy of such approval has been submitted to the Division of Coastal Management. Sedimentation and Erosion Control 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property. County of Brunswick Permit No. 134-18 Page 3 of 4 ADDITIONAL CONDITIONS 15) 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. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this. plan to the Department of Energy, Mineral, and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Stormwater 16) The Division Energy, Mineral, and Land Resources (DEMLR) is currently reviewing a stormwater management plan permit application to determine if the proposed project is in compliance with North Carolina's stormwater management rules. The permittee shall receive a Stormwater Management Permit, and provide a copy of this permit to DCM, prior to the initiation of any development activities authorized by this permit. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. Upland Development 17) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the roads, culverts, bridges, walkways, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. General 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 19) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 20) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 21) No excavation or filling of any open water is authorized by this permit. 22) No excavation or filling of vegetated wetlands outside the authorized alignment is authorized by this permit. NOTE: The permittee is advised that if a well will be used for this facility, Public Water Supply shall be contacted at (910) 796-7368. RECEIVED DEC 2 7 2018 County of Brunswick Permit No.134-18 Page 4 of 4 ADDITIONAL CONDITIONS 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: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or.authorizations that may berequired including, but not limited to, a driveway connection permit from the NC Department of Transportation. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 291, Action ID No. SAW-2006-32509 and SAW-2006-32548. i NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 2018-1473. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. ROY COOPER NORTH CAROLINA Governor Envlronmentaf Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director February4, 2019 S&A Hughes Limited Partnership 311 Vanderbilt Road Asheville NC 28803 Dear Mrs. Hughes: Thank you for your letter dated January Z9, 2019 regarding the Coastal Area Management Act (CAMA) Major Permit application submitted by Brunswick County c/o Michael Norton, in which permission was granted to construct a new park and docking facility adjacent to your property located in Supply, North Carolina. We received your concerns during the permit review process and the issues you raised were carefully considered prior to granting permission. In this case, no objections from the resource agencies were received, and no inconsistencies with the Coastal Area Management Act were identified. During our process the permit application is reviewed by 4 federal and 10 state agencies to ensure consistency with state and federal regulations. I have included a copy of the comment sheets for your information. Since Permit No.134-18 was issued on December 18, 2018, a formal appeal would have needed to be filed to the Division within 20 days of that decision as described in my previous communication dated December 18, 2018. Now that the appeal period has passed, and the permit has been issued, there is no further action that the Division can take in regard to your objections. However, we will monitor the development of the authorized project closely to ensure adherence to all the permit conditions. If it is easier to discuss by phone, please feel free to contact me at (910) 796-7426, or by email at Courtney.spearsOncdenr.eov with any questions or concerns. cc: WiRO file MHC file Si rely, Cou y Spears Assi nt Major Permits Coordinator �O1 North Carolina Department of Environmeatal Quallty I Dhitslon of Coastal Management WthnIngton Offlm I i27Cardlnal Drty Eztenelon I WflMngton, North Carolina 28405 910.796.7215 4v .r ry WI ' I • via a �- � v o w b v o t _t O (l ; S: Lv 0.,' t2 —V rn a�t f p7v o 5- 7 w a n p oL-1j- 'b o u •Pv»pff7J vaa -a.AR7 1V-2km 0 U'a a Q-• r►s:w p-0,0 py al ry ; an y n �Js I (� : P v �v - "T'a-� v0 O V -7-n�t S /' ,: a Q -H ! n ua a v ro rPoo� v� ro, �ry� o a oe + Alf --A o r tl 1n u»o fin; ana �yi cod �w v a ia�u ILL vuvW %�S�o-J�o -f ,pQ OwlV- 6/DZ b z v P-arp ree o n : Je,- Cc Q. k.) cc r k r o o s, a : r lb r Grli-Q l 4- o. Road /o .� MO/AMO&A d4 ro is D �'�' 1' (� 1� � '"�M S I, S Ij — S �-��n — � 1 Y1 ay� 1�.� U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2006-32509 County: Brunswick County U.S.G.S. Quad: Holden Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Brunswick County c/o Aaron Perkins Address: PO Box 249 Bolivia NC, 28422 Telephone Number: 910-253-6670 Aaron.perkinsO,brunswickcoun nc.gov Size (acres) —33 acres Nearest Town Holden Beach Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.9211577587572 Longitude:-78.2744968794389 Location description: The project site is located alone an aoproximate 33 acre parcel, adjacent to the AIWW, at 3155 Holden Beach Road SW, in Supply, Brunswick County, North Carolina. Parcel ID no: 202613031112 Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with the construction of a Dublic recreation facilitv known as Brunswick Waterwav Park. Permanent wetland fill impacts total 0.06 acre associated with culvert installation in order to construct/umzrade the road access into the site. The proposed docking facility consists of a single 6'X 263' access pier with a fixed platform and gazebo, and 3 floating platforms. See attached plans for details. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) RECEIVE® ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: PGP 291 FEB'52018 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL OW.IjWONS HD tt Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with he attached conditions and your submitted application and attached information dated October 26, 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 Coail EMERAMement 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 %Aobta�m1anny0jother required Federal, State or local approvals/permits. 0CM WILMINGTON, NO If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at (910) 251-4049 or Sarah.E.Hair(ausace.armv.mil. Corps Regulatory Official: Date: January 11, 2019 Expiration Date of Verification: December 31, 2021' A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ® There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed rive years from the date of this notification. 4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD; which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: See attached Approved JD form(s). 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 Attu: Jason Steele, Review Officer 60 Forsyth Street.SW, Room10M15 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 March N, _ )19. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. l Corps Regulatory Official: i1 Sarah Hair Date of JD: January 11, 2019 Expiration Date of JD: January 11, 2024 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://corr)sm4pu.usace.anny.mil/cm apex/f9v=136:4:0. Electronic copy famished: Michael Norton, McGill Associates P.A. Ms. Courtney Spears, NC DCM Mr. Chad Coburn, NC DWR Mr. Tyler McGuire. NC DCM USCG BOSN4; Ryan Taylor USACE Wilmington District -Navigation; Justin Arnette RECEIVED FEB - 5 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC SAW-2006-32509 SPECIAL CONDITIONS 1. In order to further protect the endangered West Indian Manatee, Tr:chechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne- es/mammal/manatee guidelines.ndf. Action ID Number: SAW-2006-32509 County: Brunswick County Permittee: Brunswick County/ c/o Aaron Perkins Project Name: Brunswick County/Waterway Park Date Verification Issued: January 11, 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 ENGINEER 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 RECEIVED FEB — 5 2018 DCM—MHD CITY RECEIVED Ws 3121319 DCM WILMINGTON,14C Applicant: Brunswick County, Aaron Perkins File Number: SAW-2006-32509 Date: January 11, 2019 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ® ,�PrRO,VED�URISDICHTIQN�AL�}DE�TE_�'�_;A�TIO_: ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E it I i A: INITIAL PROFFERED PERMIT: You may accept or object to 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. • 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 II 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. M. LAPPR'OUED + SDICTION�AL DETERMIhTA�TIO 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 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. 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. 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.) RECEIVED FEB - 5 2018 DCM-MHD CITY 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 provide additional information to clarify the location of information that is already in the administrative record. 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, Attn: Mr. Jason Steele, Administrative Appeal Review Officer Sarah Hair CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, North Carolina 28403 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 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 any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or ent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Sarah Hair, 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 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED JA4 31 2019 DCM WILMINGTON, NC • DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: County of Brunswick PROJECT NAME: Brunswick Waterway Park COUNTY: Brunswick LOCATION OF PROJECT: 3155 Holden Beach Rd SW, adjacent to the AIWW, in Supply DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-30-18 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: TylerM/cGuiire DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: 0 I4 PUBLIC NOTICE RECD: 10-25-18 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: rj C) 75 DAY DEADLINE: MAIL OUT DATE:10-22-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSDENY. To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: $400 #41488 END OF NOTICE DATE: 11-15-18 DEED REC ): ON: 150 DAY DEADLINE: I �1 STATE DUE DATE: 11-15-18 FED COMMENTS RECD: RECEIVED DRAFT ON EC 2 7 2018 AGENCY r-3oS i S t Tl ty � W r J DATE coMMErrrs RETURNED OBJECTION s: YES NO NOTES DCM-M Division of Community Assistance b Division of Coastal Management-LUP Consistency Cfu.S1) t&vt— Public Water Section (DWR) WU r(N� Land Quality Section (DEMLR) g trV5 , twA ka Division of Water Resources - 401 Section (b— Lt a anagement State Property Office 12 14/0 Division of Archives & History ( vim )( q1l l q E Division of Marine Fisheries - Shellfish Section 11 I $ X Division of Highways (NCDOT) I 1 (Ly I'dY Ck %V A44 r I Wildlife Resources Commission k Y' 5 i-ael h4 Local Permit Officer Dept. of Cultural Res / Division of Marine Fisheries - DCM Corps of Engineers - Regulatory Branch 41 lit, 2-01 �'— Z ) CITY rz% S ?tom I l i.) Ka-r aklk X1 ✓-- - JhJ I - V' �ARG Brunswick Waterway Park Page 5 RECOMMENDATIONS FOR Brunswick Waterway Park, Aaron Perkins 10/15/2018 Shoreline length = 4,854' x 8' = 38,832 ft2 (maximum 2,000 square feet allowed) Proposed fixed pier = 6' x 123' = 738 ft2 (access not counted) Proposed fixed platform/gazebo = (6' x 105) + (16.5' x 165) = 335.25 ft2 Proposed floating platforms = (8' x 48') + (6' x 6') + (5' x 12' 4") = 482 ft2 Total = 817.25 ft2 It is the staff's recommendation that all development within the 75' Estuarine Shoreline AEC and the 30' Public Trust Shoreline AEC at Brunswick Waterway Park is CONSISTENT with the standards set forth in 15A NCAC 07H. 0209. It is the staffs recommendation that the applicant's proposal to build a new docking facility is CONSISTENT with the standards set forth in 15A NCAC 07H .0208. The applicant states that the docking facility would provide day -docking slips for up to four (4) vessels at this location in water depths ranging from -0.99 @ MLW to -1.71' @ MLW. The proposed structures would not encroach into either adjacent 15' riparian corridor setback area. As proposed the structure meets the ''/. width rule, the 8 square foot rule, and the pier width rule for public access. The proposed floating dock encroaches into the USACE Federal Channel Setback, however, pending USACE approval for the proposed floating dock within the setback, it appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6). Note that the three (3) proposed fixed viewing platforms along the nature trail are over coastal wetlands and each one exceeds 6' in width and are therefore INCONSISTENT with the rule 15A NCAC 07H .0208(b)(6)(C). This office has no objection to the proposed work, provided that all platforms/structures over coastal wetlands that exceed 6' in width are removed and it is consistent with all other local, state, and federal permitting requirements. Any permit issued should include standard conditions for public docking facilities. RECEIVED DEC 2 7 2018 DCM-MHD CITY 011 ROY COOPER MICHAEL S. REGAN s, in-ta, BRAXTON DAVIS Director. Division ojCeastal Management October 22, 2018 TO: Mark Zeigler DCA-Rural Economic Dev. Divison Wilmington Regional Office RECEIVED DEC 2 7 2018 OCM-MHO CITY FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (cDncdenrgov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: County of Brunswick (Waterway Park) Project Location: 3155 Holden Beach Rd. SW, adjacent to the AIWW, in Supply, BR Co. Proposed Project: construction of anew public park with upland development and a kayak/canoe launch facility 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 November 15, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: X_ This agency has no objection to the project as proposed. 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. SIGNED "'"��� C?� /��' DATEOr RECEIVED OCT 2 6 _7<i8 State of North Carolina l Environmental Quality J Coastal Management DCM WILMINGTON, NC 127 Cardinal Drive Ext., Wilmington, NC 28405 919 7967215 NK(/ MEMO To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Applicati n, County of Brunswick, Holden Beach Park - Brunswick County Date: November 30, 2018 The applicant proposes to construct a new public park with several upland amenities and a kayak/canoe launching facility. The project is located at 3155 Holden Beach Road SW, adjacent to the AIWW near Holden Beach in Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal is Estuarine Shoreline. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Brunswick County Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, Brunswick County allows development in conservation classified AECs which is consistent with the State's minimum use standards. The Brunswick County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent and not in conflict with the Brunswick County Land Use Plan update. Cc: File RECEIVED NOV 30 2018 DCM WILMINGTON, NO RECEIVED DEC 2 7 2018 DCM-MHD CITY JkW 0t ROY COOPER Gommor n� MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management October 22, 2018 TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears ftcdenr.aov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: County of Brunswick (Waterway Park) Project Location: 3155 Holden Beach Rd. SW, adjacent to the A/W , in Supply, BR Co. Proposed Project: construction of anew public park with upland development and a kayak/canoe launch facility 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 November 15, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. d ,Jr Q; 6,_,_1v2 I,� Flfasc ryreEc cE1 jO� This agency has no comment on the proposed project. 7 &-721SJ9r r,1ar--tr4 . 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. SIGNED l,�Irnl a(ov DATE '_0Z,5_C_ 9 RECEIVED RECEIVED DCM WILMINGTON, NC DEC 2 7 2018 gv 0 5 201r, State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmig5gq � D C ITY 919 7% 7215 RECEIVED e ROY COOPER u.,,, MICHAEL S. REGAN ,S""lan BRAXTON DAVIS Daecmr. Drymon of Coastal Management October 22, 2018 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office DEC 2 7 2018 DCM-MHD CITY FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears ((Dncdenrgo Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: County of Brunswick (Waterway Park) Project Location: 3155 Holden Beach Rd. SW, adjacent to the AIWW, in Supply, BR Co. Proposed Project: construction of anew public park with upland development and a kayak/canoe launch facility 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 November 15, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: -Y\ This agency has no objection to the project as proposed. Q�\ 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. SIGNED �N(A DATE ,kD ' ay 3�V—� - RECEIVED DCM WILMINGTON, NC OCT 2 5 2018 State of North Carolina I Endro anemal Quality I Conan! Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 �(Jk4�,Received: 10/30/2018 CAI) 0- ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS 141.0.1 � rr�n. ri ,q i •.rwW grump swan October 22, 2018 TO: Renee Gledhill -Early Dept of Cultural Resources Archives & History State Historic Preservation Office ER 18-3412 Due -- 11/15/18 A- Sfe l et4Lr JCS (bv JWM 11 )Z811S FROM Courtney Spears, Assistant Major Permits Coordinator NC DEO - Division of Coastal Management 127 Cardinal Drive Ext.. Wilm . NC 28405 courtney.spears ncdenr.gov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: County of Brunswick (Waterway Park) Project Location: 3155 Holden Beach Rd SW. adjacent to the AIWW in Supply, BR Cc Proposed Project: construction of a new public park with upland development and a kayak canoe launch facility 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 November 15, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed 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. SIGNED CLCrx11A_ DATE 19' RECEIVED RECEIVED DEC 102018 DEC 2 7 2018 Vale rJ'Wnth t'w„Jma 4mwnnrcnbl(}Nn�,t'.uwAlmuyenie,p DCM WILMING6111„ q 20t� „cxawlMKlu. ppllylAlYAi'$fS CITY tt ! JJ I v1V,w,114 X& North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Itsm.ma M. aar1,,, .\dmmalranv tin,emnr any (:.agkT �eCKlan'smi I1. I lamdhm December 4, 2018 MEMORANDUM l Iffia of AKhiecs and I lismn' 1 ),r ty. kcmq K Kmn Chem TO: Courtney Spears Division of Coastal Management NC Department of Environmental Quality FROM: Ramona NI. Bartos 94-0-00- V'I�Ok SUBJECT: Construct Public Park & Kayak/Canoe Launch, 3155 Holden Beach Road, Supply, Brunswick County, ER 18-3412 We have received your memorandum for the above project and would Wee to take this opportunity to comment. Based on the topographic and hydrological situation of the project area, there is a high probability that prehistoric archaeological sites exist in the overall development area. Our files identi6, eight archaeological sites within one mile on similar land forms. While low lying areas covered under the permit application probably will not affect significant archaeological resources, upland construction may. We recommend that an archaeological investigation be conducted by an experienced archaeologist to identify and evaluate the significance of the unknown resources that may be damaged or destroyed by the proposed project. Our office would be pleased to assist you in the development and review of any scopes of work, proposals, or other documents relating to this matter. The above comments are made pursuant to Section 106 and 110 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above continent, contact Renee Gledhill-Earlev, environmental review coordinator, at 919-814-6579 or cnvironnuotal.re\ic\vnncticr.eoy. In all future communication concerning this project, please cite the above referenced tracking number. RECEIVED RECEIVED DEC 2 7 2018 DEC 102018 DCM-MHD CITY DCM WILMINGTON, NC L. wi..n^ell Mar'6rraAddKacal,I'rlail4nicrr.nier.a,l.;,,•hv('27094617 i�t.phone/r•,.�(vl'i1wr.6su�wl�-u5'r� Spears, Courtney From: Gledhill-earley, Renee Sent: Friday, November 30, 2018 11:25 AM To: Spears, Courtney Cc: Shearin, Renee Subject: RE: CAMA Major Permit Review Comments ER 18-3412 Courtney, we will be recommending an archaeological survey as there are 8 sites near the project area. However, we are backed up on processing and getting comments out. Renee Please note, effective October 9th, my phone number changed to 919-814-6579 Renee Gledhill -Earley Environmental Review Coordinator State Historic Preservation Office 109 E Jones St MSC 4617 Raleigh, NC 27699 919 814 6579 office SEEN NC DEPARTMENT OF woman NATURAL AND CULTURAL RESOURCES mane• Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Please Note: Requests for project review or responses to our review comments should be sent to our Environmental Review emailbox at environmental.reviewLMncdcr.gov Otherwise, I will have to return your request and ask that you send it to the proper mailbox. This will cause delays in your project. Information on email project submittal is at: http://www.hpo.ncdcr.gov/er/er—emaii—submittal.html From: Spears, Courtney <courtney.spears@ncdenr.gov> Sent: Friday, November 30, 2018 11:15 AM To: Christenbury, Mike <mike.christenbury@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov>; Wayman, Joy <joy.wayman @doa.nc.gov> Subject: CAMA Major Permit Review Comments Hello all, Have you had the chance to review the CAMA Major Permit application submitted by Brunswick County for the Brunswick Waterway Park at 3155 Holden Beach Road SW? The application was circulated on 10/22/18 with a commenting deadline of 11/13/18. Please submit any comments/concerns as soon as you are able, or let me know if you have questions. Thank you! Courtney Spears Assistant Major Permits Coordinator RECEIVED DEC 2 7 7018 DCM-MHD CITY Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soears(d)ncdenr.aov 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. Wit - Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, November 05, 2018 5:33 PM To: Huggett, Doug; kathryn_matthews@fws.gov;'Leigh_Mann@fws.gov'; 'pace.wilber@noaa.gov'; 'Pete_Benjamin@fws.gov'; Owens, Jennifer L CIV USARMY CESAW (US); HORTON, J TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (US); DCR - Environmental_Review, Bowers, Todd; ethan coble; Ryan.L.Taylor@uscg.mil; Fritz Rohde - NOAA Federal; matt creelman; Chad Coburn; Spears, Courtney; Twyla Cheatwood; McGuire, Tyler D; Higgins, Karen Cc: Beecher, Gary H CIV USARMY CESAW (US) Subject: [External] CAMA Major/GP 291/SAW-2006-32509_2006-32548/Brunswick County Waterway Park Attachments: DCM permit app.pdf, plans.pdf, GoogleEarth_Placemark.kmz; SAW-2006-32509_ 2006-32548 Brunswick County_Waterway Park_ePN-signed.pdf CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<mailto:report.spam@nc.gov> All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by December 5, 2018. The proposed construction site is located on an undeveloped parcel at 3155 Holden Beach Road, within waters adjacent to the AIWW, in Supply, Brunswick County, North Carolina. Coordinates are 33.98857 N,-78.5645 W. The applicant proposes to construct a public park facility which includes an access road with associated parking, a walking/nature trail, bike trail, picnic shelters, restroom facilities, playground facilities, along with other recreational amenities, and a dock with kayak launch. Specifically, fill impacts to waters of the U.S. total 0.06 acres and are associated with upgrading 4 existing road crossings/culverts in order to construct the 20-ft wide gravel road through the property. Existing culverts range from 12" in diameter to 36" in diameter along the existing access. Culvert 1 (plan sheet C-111) will be replaced with three 36" culverts for a total of 944 square feet of fill; Culvert 2 (plan sheet C-112) will be replaced with three 24" culverts for a total of 445 square feet of fill; Culvert 3 (plan sheet C-113) will be replaced with two 15" culverts for a total of 932 square feet of fill; Culvert 4 (plan sheet C-113) will be replaced with a single 15" culvert for a total of 654 square feet of fill. The gravel roadway is proposed to be paved only at the culvert crossing locations as they also serve as the bike trail (in these locations only) in order to provide a smooth surface for bikers and to reduce the amount of disturbance to wetlands onsite associated with the trails. The bottom of decking associated with the walking/nature trail will be elevated a minimum of 3-feet over wetland substrate. Additionally, an access pier measuring 263' long x 6' wide with a 48' long x 8' wide floating dock, and two platforms measuring 16.5' X 16.5' (covered) and 30.5' X 6' (uncovered) is proposed. Compensatory mitigation is not proposed. Dredging is not proposed as a part of this project. RECEIVED DEC 2 7 2018 DCM-MHD CITY The proposed facility is adjacent to the Corps federal channel setback. According to the application and plans, the floating dock would encroach into the federal channel setback. Please see the attached field investigation report /application and plans for more detailed information concerning the proposed project. Google Earth .kmz files are attached for reference. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to temporary nature -of sedimentation impacts during the construction of the docking facility. The waters within the project area are NOT designated as PNA, are classified as SA/HC W and are closed to shell fishing. According to the application, SAV is not present within the project area. Average water depths within the project area ranges from -0.99' MLW to -1.71' MLW. ESA: The Corps has reviewed the project area, examined all information provided bythe applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project will affect, but not likely adversely affect the West Indian Manatee. The use of Manatee Guidelines may be required as a permit condition. The project would have No Effect on any other federally listed species. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions and please provide comments as soon as you can, or by December 5, 2018. 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 DocuSign Envelope ID: 701AA38D-D30140CC-820E-F6954375B274 ROY COOPER n,,,.,,,,,, MICHAEL S. REGAN BRAXTON DAVIS 7hrrc Ln', Drtzrmrr,f('nacI'd Mum.. .... em October 22, 2018 MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR -WiRO FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, INC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney. spears(cDncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: County of Brunswick (Waterway Park) Project Location: 3155 Holden Beach Rd. SW, adjacent to the AIWW, in Supply, BR Co. Proposed Project: construction of anew public park with upland development and a kayaWcanoe launch facility 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 November 15, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910)796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED _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. CD«mgn.a I+Y h4.bm0�, S III^ E3�BR14AC7D11M_ 12/12/2018 DAW@GEf IVED DEC 132018 DEC 2 7 2018 StaleofNorth Carolina I Environmental Quality l Coastal ManaPCM WILMINGTON, NC DCM-MHD CITI 127 Cardinal Drive Est., Wilmington, NC 28405 919 796 7215 DocuSign Envelope ID: 701AA38D-D301-40CC-820E-F6954375B274 ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Interim Director Brunswick County Mr. Aaron Perkins P.O. Box 249 Bolivia NC 28422 Subject Property: " NORTH CAROLINA Envtronrnentot Quatity December 12, 2018 Brunswick Waterway Park Brunswick County DWR Project: 2018-1473 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Perkins, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.068 acres of 404 wetlands in order to construct a new public park as described in the application received by the N.C. Division of Water Resources (DWR) on October 26, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: httD://portal.ncdenr.orp,/web/Wg/sn/ws/40 I /certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow" tithe conditions listed in the attached certification and any additional condk Blow , RECEIVED DEC 132018 DEC 2 7 2018 OCM wll_MtNGTont, NC DCM-MHD CITY 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: vnvw.dea.nc.Rov DocuSign Envelope ID: 701AA38D-D301-40CC-820E-F6954375B274 RECEIVED DEC 2 7 2018 The Additional Conditions of the Certification are: DCM-MHD CITY This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (I 5A NCAC 021-1.0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [I 5A NCAC 021-1.0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 021-1.0507 (c) and 15A NCAC 021-1.0506 (b)(2) and (c)(2)] 6. Continuing Compliance: 7. The applicant/permittce and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other aprRqGWWements of State and Federal law. If the Division determines that such standards or laws are not DEC 13 203 49W OCM WILMINGTON, NC 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: w .dea.ncxov DocuSign Envelope ID: 701AA38D-D301-40CC-820E-F6954375B274 being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 10. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: hU://yortal.ncdenr.or web/wq/swp/ws/401/certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative IRKE M Office of Administrative Hearings 018 E. WWIINCG- TODTON, NO 127 Cardinal Drive EMerl3ion; Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.dea.nc.eov DocuSign Envelope ID: 701AA38D-D301-40CC-820E-F6954375B274 (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Cobum@ncdenr.gov. Sincerely, �000wiame nr: �I.IYt.U.a. SaUn.f.�.Lj �.Iln/d Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Michael Norton — McGill Associates P.A. (via email) Liz Hair - USACE Wilmington Re **Office (via email) Courtney Spears — DCM Wilmingt DEC IS20% DCN, NC RECEIVED wDEC 2 7 2018 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.dea.nc.gov DCM-MHD CITY Machelle Sanders North Carolina Secretary Department of Administration State Property Office Tim Walton Director December 14, 2018 To: Courtney Spears Assistant Major Permits Coordinator From: Joy Wayman Real Property Agent Re: CAMA Application Review Applicant — Brunswick County Burns Waterway Reply: Please confirm that the proposed facilities/structures are not located within the 1000' USACE AIWW easement area. RECEIVED DEC 142018 DCM WILMINGTON, NC RECEIVED State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 1 1321 Mail Service Ctr I Raleigh, NC 27699 DEC 2 7 2018 919 807 4650 T DCM-MHD CITY ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director. Mvtston of0wital Management October 22, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section RECEIVED DEC 2 7 2018 DCM-MHD CITY FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (cilncdenrpov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: County of Brunswick (Waterway Park) Project Location: 3155 Holden Beach Rd. SW, adjacent to the AIWW, in Supply, BR Co. Proposed Project: construction of anew public park with upland development and a kayak/canoe launch facility 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 November 15, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ZThis 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 „"ter DATE III is RECEIVED NOV 0 7 2018 State of North Carolina l Environmental Quality I Coastal Management DrM WILMINGTON, NO 127 Cardinal Drive Ed., Wilmington, NC 29405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dw,lor, Mr,won ofC bass/ Managemem October 22, 2018 TO: David Harris NC DOT Roadside Environmental Unit RECEIVED NOV 0 7 2018 NC DOT DISTRICT 3 RECEIVED DEC 2 7 2018 DCM-MHD CITY FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (cDncdenr.aov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: County of Brunswick (Waterway Park) Project Location: 3155 Holden Beach Rd. SW, adjacent to the AIWW, in Supply, BR Co. Proposed Project: construction of anew public park with upland development and a kayak/canoe launch facility 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 November 15, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. D t,ai f'i Vf f(r<.L�� Atpl,•�.hvl.. in. ro�rz u. D- oro-Ie a -3o. This agency objects to the project for reasons described in the attached comments. SIGNED l M..V 4 DATE 11' 8/I g RECEIVED DCM WILMINGTON, NC NOV 14 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 I RECEIVED ROY COOPER DEC 2 7 2018 (iavrmur '. MICHAEL S. REGAN DCM-MHD CITY BRAXTON DAVIS DIM". NORTH CAROLlNA h -� Lhavlom oJ('nonal.l4anaRemem rp.� Jt"irnnW11tn1 (hw(in L� OCT 2018�-a October 22, 2018 � , IS la. 2g, o TO- Maria Dunn NC Wildlife Resources Commission For WiRO FROM: ,, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (a)ncdenr.gov Faxi910-395-3964 wlmomoloft SUBJECT. CAMA/Dredge & Fill Application Review Applicant: County of Brunswick (Waterway Park) Project Location: 3155 Holden Beach Rd. SW, adjacent to the AIWW, in Supply, BR Co Proposed Project: construction of anew public park with upland development and a kayak/canoe launch facility Please indicate below your agency's position or viewpoint on the proposed project and return this<form to Courtney Syears at the address above by November 15, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. ,IV CV . SIGNED DATE 11- 15 �4)I o 3 5 2Q18 -- NG pGM WILM'INGTON Slate of North Carolina i Environmental Quality I Coastal Management 127 Cardinal Dove Ext., Wilaungton, NC 28405 919 796 7215 RECEIVED DEC 2 7 2018 DCM-MHD CITY North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: November 15, 2018 SUBJECT: CAMA Dredge/Fill Permit Application for County of Brunswick (Waterway Park), Brunswick County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 3155 Holden Beach Rd, in Supply, NC adjacent the AIWW. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to develop a new public park with upland development and kayak / canoe launch facility. To accommodate access to the site, asphalt, gravel, and wooden travel paths would be installed with crossings over four Section 404 wetland areas. A kayak I canoe launch area would be accessible from a gravel road round -about and nature trail. The 263' by 6' pier would terminate into a 16.5' by 16.5' T-head covered gazebo with a 42' by 5' aluminum ADA ramp leading to a 6' by 6' floating platform, a 48' by 8' floating dock, and 12A' by 5' kayak launch. Along the floating dock are four proposed transient slips, assumed to be intended for kayaks. Water depths along the floating dock range from -0.99' to -1.71' MLW. The AIWW at this location is classified SA HQW by the Environmental Management Commission and is closed to shellfish harvest. The NCWRC has reviewed the permit application and does not believe the project will'iiwe significant impacts to aquatic resources if designed and managed correctly. To minimize impacts Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh NC ' 99-1721 Telephone: (919)707-0220 • Fax: (919) 707-0028 to aquatic substrates and resources, we recommend the pier incorporate railings to deter vessel tie-ups and to improve safety of the public that use the facility. We also recommend that the slips be used solely for non -motorized vessels and signage installed noting such. This area gets high motorized vessel use and may be viewed as opportunistic docking if not signed correctly. Dock use by motorized vessels may lead to substrate disturbance as well as a diminished kayaker experience with elevated safety concerns. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria dunnna ncwildl ife. org RECEIVED NN 15 gm DCM WILMINGTON, NC RECEIVED DEC 2 7 2019 DCM-MHD CITY ROY COOPER Govan r MICHAEL S. REGAN Secretary BRAXTON DAVIS ntmdar, Divulon o(Coosra/Mmwgemem October 22, 2018 TO: NORI H CAROL.INA i nvironmeutai t??,ohr Curt Weychert Fisheries Resource Specialist MHC-DCM ACT 252018 HABITAT & FROM: C %, Assistant Major Permits Coordinator NC DEO - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtney.saears aPncdenroov Fax: 910-395-3964 eo "!f``If'p1"'&'103) SUBJECT: CAMA / Dredge & Fill Application Review Applicant:b(jlyofBrunswick (Waterway Park) Project Location: 3155 Holden Beach Rd. SW, adjacent to the AIWW, in Supply, BR Co. Proposed Project: construction of anew public park with upland development and a kayak/canoe launch facility Please indicate below your agency's position or viewpoint on the proposed project and return th1 foroi td Gtlurtnev Spears at the address above by November 15, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. BOA" FbtTi2MS i4' wtDO ove2 6AASfAL WMA,W S This agency objects to the project for reasons described in the attached comments. RECEIVED SIGNED DATE I1-M-19 DEC 2 7 2018 RECEIVEDDCM-MHD CITY NOV 2 0 2018 State of Nonh Carolina I Enwonmenlal Quality I Cmml Managemem 127 Cmdinul Dwc Ext., Wilmington, NC 28405 ,(+an tnlAl_MINGTON N//��V 9197967215 n r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 7, 2018 Regulatory Division r"� RECEIVED DEC 2 7 2018 DCM-MHD CITY Action ID No. SAW-2006-32509/ SAW-2006-32578/County of Brunswick/Waterway Park Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Brunswick County, c/o Aaron Perkins, to construct a public park facility which includes an access road with associated parking, a walking/nature trail, bike trail, picnic shelters, restroom facilities, playground facilities, along with other recreational amenities, and a dock with kayak launch, along the AIWW, at 3155 Holden Beach Road SW, in Supply, Brunswick County, North Carolina. Specifically, the applicant proposes to permanently fill a total of 0.06 acre of wetlands associated with upgrading 4 existing road crossings/culverts in order to construct a 20-ft wide gravel road through the property. Existing culverts range from 12" in diameter to 36" in diameter along the existing access. Culvert 1 (plan sheet C-111) will be replaced with three 36" culverts for a total of 944 square feet of fill; Culvert 2 (plan sheet C-112) will be replaced with three 24" culverts for a total of 445 square feet of fill; Culvert 3 (plan sheet C-113) will be replaced with two 15" culverts for a total of 932 square feet of fill; Culvert 4 (plan sheet C-113) will be replaced with a single 15" culvert for a total of 654 square feet of fill. The gravel roadway is proposed to be paved only at the culvert crossing locations as they also serve as the bike trail (in these locations only) in order to provide a smooth surface for bikers and to reduce the amount of disturbance to wetlands onsite associated with the trails. The bottom of decking associated with the walking/nature trail will be elevated a minimum of 3- feet over wetland substrate. Additionally, an access pier measuring 263' long x 6' wide with a 48' long x 8' wide floating dock, and two platforms measuring 16.5' X 16.5' (covered) and 10.5' X 6' (uncovered) is prjWIVED The Federal agencies have completed review of the proposal as presented by theNpl� 44Wd DCM WILMINGTON, NC -2- your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at littn://www.fws.gov/ne- es/mammal/manatee auidelines.pdf. 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772- 2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy -3- of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 12. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pemrittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, RECEIVED DEC 2 7 2018 Liz Hair, Project Manager DCM-MHD CITY Wilmington Regulatory Field Office RECEIVED DEC 01P018 DCM WILMINGTON, NC Electronic copy furnished: Ms. Karen Higgins/Mr. Chad Coburn North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Mr. John Ellis ' U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Ms. Courtney Spears/Mr. Tyler McGuire North Carolina Department of Environmental Quality- Division of Coastal Management Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division OLf -18 jq: 15v: I12i f 11 Notes End PN/Comment Deadline: 11/0[ 1'6 30 Day Comment Period: 8/3o JI (0(7,41(g- \vkaA "eA")/ objevFian res�ns� der S fiv udj, r�P• K6yti vOor C"VUA ) �vovt� fiPS ha w u�vti Gd k 9 s 1�(1 ev ,a-1 �w� d;,SwSSuI ncia�Ulobr cov►cKs W� �lkuy�Oth. ��up�ru� r►�os� OXC t lire to (offal OrA V0,f S / i3 S WS. Issued: RECEIVED DEC 2 7 2018 DCM-MHD CITY nkR(I ROY COOPER NORTH CAROLINA Governor EArkwitaw" QwUty MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director October 24, 2018 S&A Hughes Limited Partnership 311 Venderbilt Road Asheville NC 28803 Dear Mrs. Hughes: 400 Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit application submitted by Brunswick County c/o Michael Norton, in which permission was requested to construct a new park and docking facility adjacent to your property located in Supply, North Carolina. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. I can assure 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 file for this project. Please feel free to contact me by phone (910-796-7426), or email (courtney.spears@ncdenr.gov) if you should have any additional concerns relating to this project. cc: WiRO file MHC file Permits Coordinator RECEIVED DEC 272018 DCM-MHD CITY North Carolina Department of Environmental Qwltty I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina.284O5 gio.796.ni5 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SENT VIA EMAIL In6- NORTH CAROLINA Envtronniva /QuaBry November 13, 2018 McGill Associates, P.A. c/o Michael Norton michael.norton@mcgillengineers.com Dear Sir: This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of Brunswick County to undertake development activities on their property at 3155 Holden Beach Road SW adjacent to the AIWW, in Supply, 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 January 27, 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). A. Spears Major Permits Coordinator cc: Brunswick County c/o Aaron Perkins, aaron.perkins@brunswickcountync.gov WiRO file MHC file RECEIVED D_E Q_� DEC 2 7 202 DCM-MHD CITY North Carolina Department of Environmental Quality ; Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carohna 28405 910.796.7215 kKL Spears, Courtney From: Michael Norton <michael.norton@mcgillengineers.com> Sent: Friday, November 09, 2018 4:11 PM To: Spears, Courtney Subject: FW: [External] Brunswick County Park near Holden Beach Attachments: HOLDEN BEACH PARK BASE-Model.pdf Hi Courtney. The first level of correspondence regarding the 8' width walkways was during the conceptual phase as we were trying to obtain any specific insight that might be beneficial ahead of final design. I looks like this email was connecting Brooks as Sean was in transition. I'll send another one that came after this. Michael A. Norton, PE Shallotte Office Director UMcGill A S S O C I A T E S 712 Village Road SW, Suite 103 1 Shallotte, NC 28470 Phone: 910.755.5872 1 Cell: 910.367.6869 1 Fax: 910.755.5875 michael.norton@mcaillengineers.com [ www.mcgillengineers.com From: Farrell, Sean C <Sean.Farrell@ncdenr.gov> Sent: Tuesday, March 27, 2018 4:53 PM To: Surgan, Brooks <brooks.surgan@ncdenr.gov> Cc: Michael Norton <michael.norton@mcgillengineers.com> Subject: FW: [External] Brunswick County Park near Holden Beach Brooks, See the email below and attached site plan regarding the proposed park and pier/kayak launch that we discussed some yesterday. Looks like the proposed walkways over coastal wetlands are 8' in width. I have not made any site visits at this point. Probably best to let you take it from here and coordinate with Michael. Let me know if you have any questions. Thanks, Sean Farrell Field Representative Division of Coastal Management North Carolina Department of Environmental Quality RECEIVED 910 796 7424 office Sean.Farrellt@ncdenr.gov DEC 2 7 2018 127 Cardinal Drive Ext Wilmington, NC 28405 DCM-MHD CITY N.'ra. 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: Michael Norton [mailto:michael.nortoncmmcgillengineers.com] Sent: Tuesday, March 27, 2018 4:19 PM To: Farrell, Sean C <Sean.Farrell@ncdenr.gov> Subject: [External] Brunswick County Park near Holden Beach Hi Sean I wanted to follow up on our discussion regarding this site and askthat you forward to Brooks as you suggested. I'd like to conned with him to review the details as we finalize the conceptual plan and prepare for final design/permitting. Thanks so much for all your help. Best, Michael Michael A. Norton, PE Shallotte Office Director f / a �7y 712 Village Road SW, Suite 103 1 Shallotte, NC 28470 Phone: 910.755.5872 1 Cell: 910.367.6869 1 Fax: 910.755.5875 michael.norton@mcgillengineers.com I www.mcgillengineers.com M Spears, Courtney From: Michael Norton <michael.norton@mcgillengineers.com> Sent: Friday, November 09, 2018 4:50 PM To: Spears, Courtney Subject: FW: [External] Brunswick Waterway Park CAMA Submittal Courtney, Here's the only other relative email I found. We began to understand through initial discussions and correspondence that there may be an 8' width option when public needs were of interest. The nature of the intended multiple and potential joint daily uses for public schools/educational tours/ADA accessibility of the walkways as public nature trails would be better accommodated with the 8' width. Unfortunately, we did not understand the only method for this approval was through the variance process or we would have revisited this with the owner. It was understood the 6' pier width could not be altered, so it remained. We can certainly modify site development and construction plans to reduce to 6' widths if necessary though it will take some effort in modifying the site/civil and structural plans that have been produced to get you updates. Please let me know how this evolves in further discussion so I can keep the client (County) posted. Thank you, Michael Michael A. Norton, PE Shallotte Office Director eMcGiff A S S 0 C I A T E S 712 Village Road SW, Suite 103 1 Shallotte, NC 28470 Phone: 910.755.5872 1 Cell: 910.367.6869 1 Fax: 910.755.5875 michael.norton@mcgilleneineers.com I www.mcgillengineers.com From: Surgan, Brooks R <brooks.surgan@ncdenr.gov> Sent: Thursday, May 31, 2018 9:45 AM To: Tony Mintz<tony.mintz@mcgiIlenginee rs.com> Cc: Michael Norton <michael.norton@mcgillengineers.com> Subject: RE: (External] Brunswick Waterway Park CAMA Submittal Troy, The riparian corridor on the West side would technically be at the head of the creek as it follows high water to the end of the property. However, for the purpose of the proposed pier what you have is fine. The 8'6" x 6' structure would be considered a platform as it serves as a landing for the ramp. �Incclluda0kD he platform section. CEE�[VVtt DEC 2 7 2018 DCM-MHD CITY 3. I would address the walkway in the MP-3 form as it is not over MHW and would not be considered a pier. Be sure to address in the narrative the purpose and need for an 8' wide walkway. Our rules prohibit walkways greater than 6' over coastal wetlands unless there is an overriding public need. I hope this is a sufficient explanation. If you have any other questions please give me a call. Thanks, Brooks R Surgan Field Representative Division of Coastal Management . North Carolina Department of Environmental Quality 910 796 7270 office Brooks.surgan(@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28406 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: Tony Mintz[mailto:tony.mintz@mceillensineers.coml Sent: Wednesday, May 30, 2018 3:44 PM To: Surgan, Brooks R <brooks.surgan@ncdenr.gov> Cc: Michael Norton<michael.norton@mceilleneineers.com> Subject: [External] Brunswick Waterway Park CAMA Submittal Brooks, I had some questions on the CAMA submittal we are preparing for Brunswick Waterway Park and have included some attachments of our sheets for discussion. The following items I wanted to go over with you: Wanted to confirm was that we are showing our riparian corridors and setbacks are in the correct place. The East riparian corridor line looks pretty simple but the west MHW line goes really far inland before it abuts another property. On the attached sheet C-106 we have a 8'-6" x 6' "platform" on the east side of the pier that connects the pier with the ramp to access the floating dock. For the purposes of filling out DCM MP-4 is that considered a "platform" or is it part of the pier? We are showing some wooden walkways on sheet C-104 which are inside the coastal wetlands line in a couple of places. Wanted to get you input on how to address these on the plans and application sheets. M(, Please give me a call on this when you get a chance. The number is (910) 755-5872. Thanks Tony Mintz CADD Operator UMcGiff A S S O C I A T E S 712 Village Road SW, Suite 103 1 Shallotte, NC 28470 Phone: 910.755.5872 1 Fax: 910.755.5875 tonv.mintz@mceillenaineers.com I www.mcgillengineers.com RECEIVED DEC 2 7 2018 OCM-MHD CITY WLI Spears, Courtney From: Spears, Courtney RECEIVED Sent: Wednesday, November 21, 2018 10:42 AM - To: 'Michael Norton' DEC 2 zo]a Subject: RE: [External] Brunswick Waterway Park CAMA Submittal DCM-MHD CITY Good morning Mr. Norton, I consulted with my supervisor and he indicated that DCM will have to reduce the width of the boardwalk over Coastal Wetlands via permit condition. This will not require any updated drawings/application forms. If the applicant chooses, following a permit decision, they may file a variance with the Coastal Resources Commission if they wish to construct any portion of the boardwalk over Coastal Wetlands to >6' in width. More information on how to file a variance and the applicable forms can be found here: httos://deg.nc.gov/about/divisions/coastal-management/coastal-manaaement- perm its/varia nces-a ooeals 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. From: Michael Norton <michael.norton@mcgillengineers.com> Sent: Friday, November 09, 2018 4:50 PM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: FW: [External] Brunswick Waterway Park CAMA Submittal Courtney, Here's the only other relative email I found. We began to understand through initial discussions and correspondence that there may be an 8' width option when public needs were of interest. The nature of the intended multiple and potential joint daily uses for public schools/educational tours/ADA accessibility of the walkways as public nature trails would be better accommodated with the 8' width. Unfortunately, we did not understand the only method for this approval was through the variance process or we would have revisited this with the owner. It was understood the 6' pier width could not be altered, so it remained. We can certainly modify site development and construction plans to reduce to 6' widths if necessary though it will take some effort in modifying the site/civil and structural plans that have been produced to get you updates. Please let me know how this evolves in further discussion so I can keep the client (County) posted. Thank you, Michael Michael A. Norton, PE Shallotte Office Director 712 Village Road SW, Suite 103 I Shallotte, NC 28470 Phone: 910.755.5872 1 Cell: 910.367.6869 1 Fax: 910.755.5875 michael.norton mceilleneineers.com I www.mcgillengineers.com From: Surgan, Brooks R <brooks.sur¢an(@ncdenr.eov> Sent: Thursday, May 31, 2018 9:45 AM. To: Tony Mintz<tonv.mintz@mceilleneineers.com> Cc: Michael Norton<michael.norton@mcgillengineers.com> Subject: RE: [External] Brunswick Waterway Park CAMA Submittal Troy, 1. The riparian corridor on the West side would technically be at the head of the creek as it follows high water to the end of the property. However, for the purpose of the proposed pier what you have is fine. 2. The 8'6" x 6' structure would be considered a platform as it serves as a landing for the ramp. Include it in the platform section. 3. 1 would address the walkway in the MP-3 form as it is not over MHW and would not be considered a pier. Be sure to address in the narrative the purpose and need for an 8' wide walkway. Our rules prohibit walkways greaterthan 6' over coastal wetlands unless there is an overriding public need. I hope this is a sufficient explanation. If you have any other questions please give me a call. Thanks, Brooks R Surgan , Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7270 office Brooks.surgan(a)ncdenr.gov 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 maybe disclosed to third parties. From: Tony Mintz[mailto:tonv.mintz@mcgillengineers.coml Sent: Wednesday, May 30, 2018 3:44 PM To: Surgan, Brooks R <brooks.surgan@ncdenr.gov> Cc: Michael Norton<michael.norton@mcgillengineers.com> Subject: [External] Brunswick Waterway Park LAMA Submittal Brooks, I had some questions on the LAMA submittal we are preparing for Brunswick Waterway Park and have included some attachments of our sheets for discussion. The following items I wanted to go over with you: Wanted to confirm was that we are showing our riparian corridors and setbacks are in the correct place. The East riparian corridor line looks pretty simple but the west MHW line goes really far inland before it abuts another property. On the attached sheet C-106 we have a 8'-6" x 6' "platform" on the east side of the pier that connects the pier with the ramp to access the floating dock. For the purposes of filling out DCM MP-4 is that considered a "platform" or is it part of the pier? We are showing some wooden walkways on sheet C-104 which are inside the coastal wetlands line in a couple of places. Wanted to get you input on how to address these on the plans and application sheets. Please give me a call on this when you get a chance. The number is (910) 755-5872. Thanks Tony Mintz CADD Operator UMcGill A S S O C I A T E S 712 Village Road SW, Suite 103 1 Shallotte, NC 28470 Phone: 910.755.5872 1 Fax: 910.755.5875 tonv.mintz@mcgillengineers.com I www.mcgillengineers.com RECEIVED DEC 2 7 2018 DCM-MHD CITY pw Spears, Courtney From: McGuire, Tyler D Sent: Friday, December 07, 2018 2:27 PM To: Spears, Courtney Subject: FW: [External] Brunswick Waterway Park Courtney, I apologize for not sending this to you sooner. Our Brunswick County LPO had these comments about LAMA Major Permit Brunswick Waterway Park application. I went by what the applicant stated in the application and Connie believes that information to be incorrect. See email from her below. Thanks, Tyler Tyler McGuire Environmental Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7424 Fax: (930)395-3964 Tyler. McGuireffiDncdenn aov fc. „'Alathinq Compares -- -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. From: Connie Marlowe [mailto:Connie.Marlowe@brunswickcountync.gov] Sent: Wednesday, November 14, 2018 11:09 AM To: McGuire, Tyler D <Tyler. McG ui re@ ncden r.gov> Subject: [External] Brunswick Waterway Park Per our conversation, the subject property is located off Cedar Landing Road SW (Tax Parcel 232GC001). The CAMA Land Use Classification is HDR (High Density Residential). However, the property is vacant (High Ground) with Open Water as stated on the Field Investigation Report. RECEIVED Thanks. DEC 2 7 2018 DCM-MHD CITY (Lonnie Oarlotue 99runotuirk (Lountp 30lanning V® JBoX 249 JBolibia -QC 28422 910.253.2034 or 600.621.0609 ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director S&A Hughes Limited Partnership 311 Vanderbilt Road Asheville NC 28803 Dear Mrs. Hughes: NORTH CAROLINA Envfron etdW QuaNty December 18, 2018 Thank you for your communication regarding the Coastal Area Management Act (CAMA) Major Permit application submitted by Brunswick County c/o Michael Norton, in which permission was requested to construct a new park and docking facility adjacent to your property located in Supply, North Carolina. The Division appreciates your concerns about the proposed project In this case, no inconsistencies with the Coastal Area Management Act were identified. Consequently, the Division has issued a Major Permit No. 134-18 for the proposed activity. A copy of the permit is being provided to you 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. I have included copies of the relevant forms for your convenience. Please feel free to contact me by telephone at (910) 796-7426, or by email at courtney_pears@ncdenr.gov with any questions or concerns. cc: WiRO file MHC file Sincerely, ourtne Spears Assistant Major Permits Coordinator RECEIVED �DWQ DEC 2 7 2U18 North Carolina Depar[mem of Environmental Quality I Division of Coastal Management DCM-MHD CITY Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 k0b INC Division of Coastal Management Major Permit Application Computer Sheet AEC:AIW W Fee: $400 #414881" ' CDAITS _ MHC cc _✓ Applicant: County of Brunswick Agent/Contractor: McGill Associates P.A. c% Michael Norton Project Site County: Brunswick Staff: Tyler McGuire District: Wilmington Project Name: Brunswick Waterway Park Rover File: River Basin: Lumber Initial date of application submittal: 8-30-IB r Date application "received as complete" in the Field office: 8-30-18 Perk Authorization: ❑CAMA ODredge & Fill XBoth SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes WNo PNA: ❑Yes NNo Photos Taken: Yes PQ No❑ Setback Required (riparian): Yes PINo Critical Habitat: ❑Yes ❑No NNot Sure 15 foot waiver obtained: ❑Yes PdNo Hazard Notification Returned: []Yes ®No SAV: ❑Yes gNo EINot Sure Shell Bottom: ❑Yes ❑No X Not Temporary Impacts: ❑Yes JgNo Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: kes ❑No []Yes ❑No N Moratorium Conditions: Environm ntal Assessment Done: Length of Shoreline: []Yes [:]No gNA ❑Yes (XNo ❑NA 4A 854 FT Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or Closed SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED Dq (404) Corp. of Engineers (Jurisdictional P9 (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) 14 (SA) Salt marsh cordgrass (Spartina ❑ (SY) Sall reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (rypha sp.) spicata) sp.) 50 (JR) Black needlerush (Juncos (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE Al/ A El No fee required - $0.00 Ll III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 RECEIVED ❑ Major development extension request - ❑ II. Public or commeroiallno dredge $100 and/or fill - $400 Zola ❑ 1. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 OCT 2 6 acre; 4144 can be applied; DCM needs DWQ agreement - $400 CITY DCM_MHD Brunswick Waterway Park Date: 8-30-18 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 2 Dimension 3 Dimension 4 One One s� OT New Work Maint El Replace [IY AN Zp X L� L� g0 0 X z �or r gj X 4, , 25 X 70 CV /� k Mant❑* ce ❑YaU(N 52'y 12' 5o x 12' 40' x sr So x l2r New Work Maint ❑ Replace [IY O(N $ I X qQr r r 'r n r 12S oT T -7 J New WorkA Maint ❑ Replace [IY CKIN (¢ j .5 r X 15 r &' X 4 S r 120r x I ?Ar n I New Work Replace y 17R Maint ❑ ❑'Y gN ^� p New Work Maint ❑ Replace ❑ Y,CKN :D i lf2&3r T P New Work Replace (1r X1D (In r Maint❑ ❑Y®.N New Work Maint [I Replace ❑YI,N tb •5�x 16-S' Fs 3 ,vi%-t4 W* v x`� g >< -4 5, K 12' 4 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 tamp impacts) impact amount) temp impacts) amount ,- G e,t Dredge ❑ Fill rx Both ❑ Other ❑ �`• $IZac..s I W {,- Dredge ❑ R154 Both® Other ❑ 21g7.S-C'+: Dredge ❑ Fill ❑ Both ❑ Other gi p4C44 W Dredge ❑ Fill ❑ Both ❑ Other j r 54 2AW Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1-888-4RC0AST :: www.nccoastaimanaaament.net revised: 10/12/06 �V•►o�a9,of o� r o-Q e.. RoQd S -S 2fs'Ai-70 DCM WILMINGTON. NC 1/ ?' have.. sfu-lTea cav-4- lh A nAl ttjri-fc,- I rctou/-_ 4-_ rD P05e_4 ✓-arvp ,,N4I_ Yo brans W J i—ole -NO-4Pav-k Il `UI r 2✓S O LL ✓' D E e5 ar L o-n ., r Q r. �s,-rG i5 �pr 10 oleVe�loo/n0"-7 - ar4-nv', OVA is tfn pac+eA ex)ockQ— 14-u, Iiov eve✓ feal;ze s6 btti -pass; 14e4rt- CL, e- $pP))e o F fly ConC�nns`. ZO 2. �Rti^anc�SlIn oczv^ka J ; l"'/30 3. W h +� Id be pQ -k ho ars ? tl v��rr�lya� Sec. Woccl� Acre bc, j av- �.�__�i._I,e✓ nPur5 � _ _ j, resSume�. 1el ce l�o /��hl'inla1¢n��`O11 ���- _v_�.'!_I_ b� o _ ✓2_� h/- ac,;;y;�v �-1 c�o fndf- l ct_ , r s, -Y I d G(T i rl 1c � u �C�a � � e- ro- m �p 7Z es r ; n5t o Fkast�-s, de. 7 l�o mere _ oal� j?e Old C once. c_"J�� e- O-P Cdor er e-` zn Q d n9 110� -Pa r' L2 cc e-sS 1-0T�1g- 97gA 0 RECE► , DCM" '1 117 5 � Poy Ceel a✓ l n J ; ng (W ea d -in re-ma a r D END, en u f; o w e.-•� .S bat, Y it, re- 4-- I ►-�1; u hQ✓� SpQnf- L'.Du.h-F)�5s %)Ours +� r0' ecT. l be 10n-4 �il^e be4kt: isi �^QSit au:11 �e f�_eQ,t:OF r u I) , Z vvli be h '�6 Olh5 wer 2n me 1, k arWOEL frusf- �1,� -dam- - -- 54-ia'l- "45 �Qm ly j:m fQr�n�Si�%p -�- Co B rOp g 5-ur qn �'ie�� Rep re5e &i 4-,'ce- IVC D;YtS:en oi-C4&5l&l Mail ale_piewd- 127 ear44rnal ,(DrWe, E lens%o ca ho et 29 ,5' RECEIVED DCM WILMINGTON, NC u 2 3 2018 OCT 2 6 2018 X- thghe.S ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Brunswick County s (Name of Property Owner) property located at 3155 Holden Beach Road (Address, Lot, Block, Road, etc.) on the Intracoastal Waterway in Supply N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) See Attached Drawing WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. RECEIVED A- I do not wish to waive the 15' setback requirement. (Property Owner I Signatu e Michael A. Norton, Agent Print or Type Name 712 Village Rd. SW Ste. 103 Mailing Address Shallotte, NC 28470 City/State/Zip 910.755.5872/michael. norton@ mcgil lengineers. com Telephone Number/email address 7- 2/ 7-1 a Date (Adjacent OCT 2 6 /018 OW100mcip"C(DIT'Y Signature Print or Type Name z z Mailing Address so -� Fu z City/State/Zip 02 W _J Telephone Number/email address L) U Date ` Q :Y. (Revised Aug. 2014) `Valid for one calendar year after signature' Major Permit Fee Schedule Project Name: gRuetsulcK County: Check No & Amount: #0414? F WA-rF-RWA4 $7400' 00 ARK 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 areas : $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation f any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the King and/or excavation of up to 1 acre of wetlands and/or open water areas, etermine it A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined 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 �Ll Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre f wetlands and/or open water areas: $475 60% ($285) 40% ($190) OCT 2 6?018 DCM_MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 8/31/2018 McGill Associates c/o Aaron Perkins / First 41488 $400.00 major fee, 3155 Holden TP rct. 6979 Michael Norton BRCO Parks and Rec Citizens Beach Rd, Supply BrCo Bank SPLIT 60/40 } LU > m o eD U O F_ U U f' Brunswick Waterway Park Page 5 RECOMMENDATIONS FOR Brunswick Waterway Park, Aaron Perkins 10/15/2018 Shoreline length = 4,854' x 8' = 38,832 ft2 (maximum 2,000 square feet allowed) Proposed fixed pier = 6' x 123' = 738 ft2 (access not counted) Proposed fixed platform/gazebo = (6' x 10.5') + (16.5' x 165) = 335.25 ft2 Proposed floating platforms = (8' x 48') + (6' x 6') + (5' x 12' 4") = 482 ft2 Total = 817.25 ft2 It is the staff's recommendation that all development within the 75' Estuarine Shoreline AEC and the 30' Public Trust Shoreline AEC at Brunswick Waterway Park is CONSISTENT with the standards set forth in 15A NCAC 07H. 0209. It is the staff's recommendation that the applicant's proposal to build a new docking facility is CONSISTENT with the standards set forth in 15A NCAC 07H .0208. The applicant states that the docking facility would provide day -docking slips for up to four (4) vessels at this location in water depths ranging from -0.99 @ MLW to -1.71' @ MLW. The proposed structures would not encroach into either adjacent 15' riparian corridor setback area. As proposed the structure meets the %width rule, the 8 square foot rule, and the pier width rule for public access. The proposed floating dock encroaches into the USACE Federal Channel Setback, however, pending USACE approval for the proposed floating dock within the setback, it appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6). Note that the three (3) proposed fixed viewing platforms along the nature trail are over coastal wetlands and each one exceeds 6' in width and are therefore INCONSISTENT with the rule 15A NCAC 07H .0208(b)(6)(C). This office has no objection to the proposed work, provided that all platforms/structures over coastal wetlands that exceed 6' in width are removed and it is consistent with all other local, state, and federal permitting requirements. Any permit issued should include standard conditions for public docking facilities. RECEIVED OCT 2 6 2018 DCM-MHD CITY 0 NORTH CAROLINA Envirmmnentnl Quality October 22, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • John Langaker / ON Co. • County of Brunswick / BR Co. • Frink Enterprises, Inc. / BR Co. • Paul Casey / NH Co. ROY COOPER Uovemor MICHAEL S. REGAN Ceererury BRAXTON DAVIS DIPo(16r, DivAlrm ofCrarvtnl Mmwgement Hello Angie: Please publish the attached Notice in the Thursday, October 25, 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 Jarimy Springer, (Ref: Customer No.70100342). 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, lh�-� -"e Shaun K. Simpson Permitting Support & Customer Assistance cc: MHC files RECEIVED Courtney Spears - WiRO Liz Hair - USACE OCT 2 6 2018 DCM-MHD CITY State of North Carolina I Environmental Qmlity I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 7% 7215 RCCEIVEIy OCT 2 6 2618 NOTICE OF FILINPnnrr��-MHD CITY 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 development permits in Areas of Environmental Concern as designated under the CAMA: On September 10, 2018, John Langaker proposed to construct a pier and observation platform at 408 Palustris Ct., adjacent to Turkey Creek, in Holly Ridge, Onslow County; on August 301, 2018, The County of Brunswick proposed to construct a public park with upland amenities and a kayak/canoe launching facility at 3155 Holden Beach Rd., SW, adjacent to the AIWW, in Supply, Brunswick Co.; on October 11, 2018, Frink Investments, Inc. proposed to improve and expand the Captain John's Seafood House docking facility into a commercial marina at 9887 Oak St. & 1224 Riverview Dr., adjacent to the Calabash River, in Calabash, Brunswick Co.; and on September 5, 2018, Paul Casey proposed to expand an existing docking facility at 314 Waynick Blvd., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the offices of Jason Dail (Langaker), Tyler McGuire (BR. Park), Brooks Surgan (Capt. John's), or Patrick Amico (Casey.), 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 November 15, 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. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Brunswick County c/o Aaron Perkins — Brunswick Waterway Park 2. LOCATION OF PROJECT SITE: 3155 Holden Beach Road SW, Supply, Brunswick County Photo Index - 2006: M-6586, C-K,15/1-P,16/J-P,17 Latitude: 33.917140N, Longitude: 78.27508°W 3. INVESTIGATION TYPE: CAMA/D&F/USAGE 4. INVESTIGATIVE PROCEDURE: Date of Site Visit: October 5T", 2018 Was Applicant Present: YES 5. PROCESSING PROCEDURE: Application Received: August 211, 2018 Application Completed: August 30T", 2018 Office: Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan: Brunswick County Land Classification From LUP: Vacant (High Ground), Conservation (Open Water) (B) AEC(s) Involved: CW, EW, PTA, ES, PTS Water Dependent: Yes (C) Intended Use: Public (D) Wastewater Treatment: Existing — None Planned — Septic System (E) Type of Structures: Existing — None Planned — Public Park with Amenities, Gravel Road with Parking, Culverts, Asphalt Bike Path, Nature Trail, Kayak/Canoe Dock (F) Estimated Annual Rate of Erosion: N/A Source: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER 8. (A) Uplands N/A N/A 16.512 acres (B) Vegetated Wetlands N/A 2,975 ft2 8,090 ft2 (§404 Wetlands) (C) Open Water N/A N/A 1,542.9 ft2 (A) Total Area Disturbed: 731,870.62 ft2 (16.8 acres) (B) Primary Nursery Area: No (C) Water Classification: SA, HOW (D) Shellfish Harvesting Open: No PROJECT SUMMARY: The applicant is proposing a new public park with several upland amenities and F11E6Va cA&e docking facility. OCT 2 6 2018 DCM-MHD CITY Brunswick Waterway Park OCT 2 6 2018 Page 2 DCM-MHD CITY 9. PROJECT DESCRIPTION The project site is located at 3155 Holden Beach Road SW, adjacent to the Atlantic Intracoastal Waterway (AIWW), near the town of Supply (mainland side of Holden Beach), in Brunswick County. To locate the project site from the Wilmington Regional Office (WiRO), travel southwest from Wilmington to Supply on US 74 W (Martin Luther King Jr Pkwy) & US 17 S for approximately 33 miles until you reach Supply. Turn left onto Stone Chimney Road and follow the road through the intersection of NC 211. Continue down Stone Chimney Road for about 6 miles as it then becomes Old Ferry Connection SW. Then proceed straight for a mile until you reach Sabbath Home Road SW, and turn right. Go down Sabbath Home Road SW until you reach the intersection to Holden Beach, at Ocean View Avenue SW and NC 130 W/Holden Beach Road SW. Continue straight through the intersection onto NC 130 W/Holden Beach Road SW for only 0.1 miles, or approximately 675', and the destination will be a vacant lot with a concrete driveway on your left, 3155 Holden Beach Road SW. Be advised, Brunswick county will need to be contacted for access. The project site is bounded by residential properties immediately to the northwest and northeast, and by the AIWW to the south. The parcel is approximately 34 acres, forming the shape of a rectangle, roughly. On the property, there is approximately 4,854' of shoreline which is stabilized with vegetation. Elevation at the site averages approximately 4' above mean high water (MHW). There is no development existing on the property. The high ground portion of the property has a canopy consisting of various species of hardwoods (mix of Live Oak (Quercus virginiana) and Laurel Oak (Quercus laurifolia) trees). The understory vegetation includes Greenbriar (Smilax auriculata) and Wax Myrtle (Myrica cerifera), and other native grasses. Transitional species are found along the ecotone between high ground and high elevation salt marsh including Seaside Golden Rod (Solidago sempervirens L.), Sea Oxeye (Borrichia frutescens), and Grounsel-bush (Baccharus halimifolia). The high elevation salt marsh on the property includes Black Needle Rush (Juncus roemarianus), Salt Meadow Grass (Spartina patens), Spike Grass (Distichlis spicata), Sea Lavender (Limonium carolinianum), Salt Wort (Salicornia sp.), and Cattails (Typha sp.). This mix continues until a lower elevation is reached, where a monoculture of Smooth Cordgrass (Spartina alterniflora) begins. Other biological indicators include Periwinkle Snails (Littorina littorea) and Fiddler Crabs (Uca sp.). The Brunswick County Land Use Plan classifies the area in the vicinity of the project area as vacant. The waters in the project area are classified as SA/HQW by the N.C. Division of Water Resources. They are not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are closed to the harvest of shellfish. PROPOSED PROJECT The applicant is proposing a new public park with several upland amenities and a kayak/canoe docking facility. The county owned public park would be located in the Town of Supply, (mainland side of Holden Beach), Brunswick County, called the Brunswick Waterway Park. There would be two entrances into the park; a 20' wide gravel road beginning at the north side of the park at NC130 W/Holden Beach Road SW (see Sheet C-102), and a 10' wide asphalt bike path beginning at 51h Avenue SW at the east side of the park (see Sheet C-103). The 20' wide gravel road would extend from the entrance of the park approximately 4,480' to the AIWW. The gravel road would connect two main gravel parking areas in the center of the park and offer access to proposed picnic shelters, restroom facilities, a playground area, a horseshoe pit, a nitrification field and repair area. The applicant proposes four new culverts at §404 wetland crossings along the gravel road. The proposed gravel road would terminate in a round -about gravel parking area by the AIWW and the proposed docking facility (see Sheet C-104). RECEIVED OCT 2 6 Z018 Brunswick Waterway Park Page 3 OCM-MHD CITY The applicant proposes a 10' wide asphalt bike path that would begin near the entrance of the gravel road and would follow adjacent to the gravel road approximately 2,400' to the picnic and playground areas. A second proposed 10' wide asphalt bike path entrance measuring approximately 160' would connect 5'h Avenue SW to the central parking area. The applicant proposes an 8' wide gravel nature trail beginning near the entrance of the gravel road opposite the entrance for the 10' wide asphalt bike path. As proposed, the nature trail would measure approximately 4,700' and would terminate near the AIWW at the proposed docking facility. There are several §404 and coastal wetland crossings proposed along the nature trail. Three elevated wooden crossings measuring approximately 98', 94', and 40' would cross over §404 wetlands (see Sheet C-102 and C-103). Two elevated wooden crossings measuring approximately 125' and 725' would cross §404 and coastal wetlands. Along the 725' wooden nature trail over coastal wetlands would be two 3' wide by 8' long viewing areas, a 5' wide by 12' long bench rest area, and an 8' wide by 10' long wood bench swing platform (see Sheet C-104). The nature trail would terminate at the pier of the proposed docking facility. The applicant proposes a kayak/canoe docking facility accessible from the gravel road round -about and from the nature trail. An asphalt road beginning in the center of the gravel round -about would accommodate handicap patrons to the fixed elevated pier. The proposed pier would begin on high - ground extending perpendicular from the shoreline over coastal wetlands and open water. The pier would measure 6' wide and approximately 263' long terminating at a 16.5' by 16.5' 'T-Head' covered gazebo. A 10' 6" wide by 6' long finger pier would extend from the east side of the pier, 30' landward from the gazebo, and would allow access via a 5' wide by 42' long aluminum handicap ramp to a 6' wide by 6' long floating landing platform, an 8' wide by 48' long floating dock, and a 12' 4" wide by 5' long kayak launch area located adjacent to the landing platform on the landward side of the aforementioned floating dock. Existing water depths adjacent to the proposed floating dock range from -0.99 @ Mean Low Water (MLW) at the landward edge to -1.71' @ MLW to the waterward edge of the floating dock. As proposed, the docking facility would accommodate up to four day -slips for temporary dockage (see Sheet C-104 through C-107). 10. ANTICIPATED IMPACTS As proposed, Brunswick Waterway Park would have upland disturbances associated with the 20' wide gravel road, the 10' wide asphalt bike path, the 8' wide nature trail, the three gravel parking areas, the picnic shelters, the playground area, restroom facilities, horseshoe pit, nitrification field, and repair area totaling approximately 16.512 acres. Of these upland disturbances, approximately 5,820 square feet would be located within the 75' Estuarine Shoreline Area of Environmental Concern (AEC). The placement of the proposed culverts would result in the excavation and filling of 2,975 square feet of §404 wetlands. The proposed wooden walkway crossings would result in approximately 1,304 square feet of §404 wetland shading impacts. The proposed wooden nature trail walkway and platforms would result in approximately 6,108 square feet of coastal wetland shading impacts. Of these coastal wetland shading impacts, approximately 5,708 square feet would be within the 75' Estuarine Shoreline AEC and 3,104 square feet within the 30' Coastal Shoreline Buffer. As proposed, the docking facility would result in approximately 1,188 square feet of impacts within the 75' Estuarine Shoreline AEC. Upland disturbances associated with the access pier total approximately 180 square feet. Approximately 24 square feet of §404 wetland shading impacts would be within the 75' Estuarine Shoreline AEC. Coastal wetland shading impacts total approximately 984 square feet within the 75' Estuarine Shoreline AEC, and approximately 645 square feet within the 30' Coastal Shoreline Buffer. Brunswick Waterway Park Page 4 As proposed, this docking facility would result in the incorporation of approximately 1,237 ft2 of Public Trust Area and Estuarine Waters AEC. Shading impacts from fixed structures within the AEC would result in approximately 420 square feet associated with the access pier, 272 square feet associated with the covered gazebo, and 63 square feet associated with the finger pier. Shading impacts from floating structures would result in approximately 36 square feet associated with the landing platform, approximately 384 square feet associated with the floating dock, and approximately 62 square feet associated with the kayak launch. As proposed, the docking facility would extend approximately 93' waterward in an area where the water body is approximately 400' wide measuring from the edge of the marsh and would conform to the '% width limitation. All fixed structures including the pilings for the floating dock would be landward of the US Army Corps (USACE) Navigation Channel Setback. The proposed floating dock would encroach approximately 6' into the Federal AIWW Navigation Channel Setback. As proposed, the facility would not encroach into the adjacent 15' riparian corridor setback from properties on both the eastern and western borders. The proposed pier would be approximately 208' away from the S & A Hughes Family Limited Partnership property line to the east, and 237' away from the Price's property line to the west. The applicant states that the facility would accommodate a kayak/canoe floating docking facility with four (4) day -slips and a kayak launch area. The proposed project would increase kayak & canoe traffic in an area with heavy boat traffic, due to the NC WRC boat ramp located to the east by the Holden Beach bridge and the adjacent AIWW. The proposed docking facility would incorporate an area of estuarine waters and coastal wetlands. While this area is not listed as Primary Nursery Area, it has value to juvenile finfish, shrimp, and crab populations. The marsh ecosystem provides habitat for juvenile shrimp, mullet, menhaden, herring, and crabs, and serves as a baitfish supply for many fishermen operating in the area. The site is popular for cast netting and recreational fishing. The proposed constructed features may incorporate the area in a way that makes it more accessible for the public. With shallow water depths (ranging from -0.99 @ MLW to -1.71' @ MLW) reported by the applicant in the area that would be utilized for the kayak/canoe docking facility, this limited depth creates potential for affecting the benthic ecological community and fishery. There appear to be no SAV present in the project area. Minor increases in turbidity should be expected during project construction. Submitted by: Tyler McGuire Date: October 16T", 2018 Office: Wilmington RECEIVED OCT 26 2018 DCM-MHD CITY Project Narrative Brunswick Waterway Park, Holden Beach, NC The County of Brunswick wishes to develop land along the Atlantic Intracoastal Waterway for a public park, intended to be accessible by non -motorized kayaks/canoes, as well as mainland vehicular traffic. The proposed park amenities include a 20-foot gravel drive with associated parking and sidewalk, 10-foot asphalt bike path, 8-foot gravel nature trail,1,75O square -foot picnic shelter and restroom facilities, and 8-foot wooden walkways constructed over on -site wetland areas intended for public nature viewing and education. A proposed 6-foot wide pier would provide connectivity to a gazebo and 384 square -foot floating dock, with four proposed slips. The attached plans depict current details of the project, including the delineated coastal/4O4 wetlands and mean high water lines. Stormwater is intended to be treated on site as a low density design with a network of grassed swales. Standard sedimentation and erosion control measures are to be implemented during construction. The facility will be served by public water and a private on -site septic system. RECEIVED OCT 2 6 2018 RECEIVED DCWi'vVILMNG7ON. NC AUb 3 f! �i� DCM-MHD CITY DCM MP-1 APPLICATION for Major Development Per (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) County Of Brunswick Brunswick Waterway Park Applicant 1: First Name MI Last Name Aaron Perkins 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 249 Bolivia NC ZIP Country Phone No. FAX No. 28422 USA 910-253-6670 ext. 910.253-2684 Street Address (if different from above) City State 20P Referendum Drive Building G Bolivia NC T284,22- Email aaron.perkins@brunswickoountync.gov 2. Agent/Contractorinformation Business Name Mcgill Associates P.A. Agent/ Contractor 1: First Name MI Last Name Michael Norton Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 712 Village Road Suite 103 Shallotte NC ZIP Phone No. 1 Phone No. 2 28470 910 - 755 - 5872 ext. ed. FAX No. Contractor # 910 755 5875 Street Address (d different from above) City State ZIP Email michael.norton@mcgillengineere RECENfEDRECEIVED.com M WILMINGTON xl RECEIVED <Form continues on back> AUG 30 Z018 nCT 2 A 2018 Dr-M Wl60AiN6T0AI,T;G 252 .808 .2808 :: 1.888.4 RC O AST :: w ww. n c c o a s t a l m a n a g e m e n t. n et DCM-MHD CITY 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 3155 Holden Beach Road SW 130 Subdivision Name city State Zip Supply NC 28462 - Phone No. Lot No.(s) (If many, attach additional page with list) 910 - 253 - 6670 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber AIW W c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade []Unknown AIWW 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. Brunswick County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sci t.) 4,854 LF 1,481,040 SF C. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) —4' above MHW ❑NHW or ❑NWL e. Vegetation on tract Trees f. Man-made features and uses now on tract Roadway g. Identify and describe the existing land uses acfiacent to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? MR-3200 (Attach zoning compliance certificate, if applicable) ®Yes []No DNA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> AUG 30 2018 OCT 2 6 2018 ,g(+ne WII MINGTON. NC DCM-AIpIDICIII' a .. 1.88a•4RC0AST .. ri sv.nccoastalmanagement.n9t 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 (ill) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A vacant o. Describe existing drinking water supply source. Brunswick County public water system p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. County owned public park 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. Piles will be driven with vibratory hammer via backhoe w/ matting in wetlands, and with a backhoe on barge for water areas. Backhoe and other equipment will be stored on site. d. List all development activities you propose. boardwalk, pier, canoe and kayak launching e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 16.512 ❑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. Site currently sheet -flows water into existing 404 and coastal wetland areas. After Development of site is complete, water will be sheet -flowed and gently swaled into existing404 and coastal wetlands over grass and rip -rap. i. Will wastewater or stormwater be discharged into a wetland? ®Yes ❑No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ®Yes []No []NA j. Is there any mitigation proposed? []Yes ®No []NA If yes, attach a mitigation proposal RECEIVED 2018 <Form continues on back> AUG 3 0 2018 OCT 2 6 DC •808.2808 .. 1.888.4RC 0 AST .. www. nccoa s tal m an ag am' an t. 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) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. 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 S & A Hughes Family Limited Partnership - Phone No. Address 311 Vanderbilt Rd., Asheville, NC 28803 Name Alfred & Pamela Price Phone No. 3324 West Chester Dr., Sanford, NC 27330 Address Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NIA h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if 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. 17. 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 th�el best of my knowledge. Date .23-1Y Print Name /W16460/14/iia-S"e,✓ Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development RECEIVED RECEIVED ®DCM MP4 Structures Information OCT 6 '018 AUG 3 0 201E DCM-MI-;o' CITY DCM WILMINGTON, NC 252.808.2808 .. 1.888.4RCOAST .. www.necoastaimanagement.net 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. I GENERAL UPLAND DEVELOPMENT I a. Type and number of buildings, facilities, units or structures proposed. 1 (one) Picnic shelter & restroom building 1 (one) 8' wooden walkway 125' LF c. Density (give the number of residential units and the units per acre). n/a 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. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? SYes []NO ❑NA (it) If yes, list the date submitted: July 24, 2018 Sub. to Rhonda Hall 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. 2.31 % 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. 9.22% j. Describe proposed method of sewage disposal. on -site septic L 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). Surface runoff from gravel & asphalt, roadways, sidewalks, and parking lots will be sheet -flowed and/or swaled into wetland areas through grass and rip -rap. RECEIVED b. Number of lots or parcels. n/a d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 16.512 Acres. I. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. asphalt, gravel, & concrete h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? IZIYes []No ❑NA (ii) If yes, list the date submitted: July 24, 2018 sub. to Georgette Scott k. Have the facilities described in Item (1) received state or local approval? [_]Yes SNo []NA If yes, attach appropriate documentation. m. Does the proposed project indude an innovative stormwater design? ❑Yes []No SNA If yes, attach appropriate documentation. RECEIVED RECEIVED DCM WILMINGTON, NC AUG 3 0 2018 OCT 2 6 ^`'8 252.808-28082 :: 1.888-4RCOAST revised: 1226,06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Brunswick County public water o. When was the lolls) platted and recorded? Tract 1: February 3, 1973 Tracts 2 & 3: July 9, 2004 8/22/18 Date Brunswick Waterway Park Project Name County of Brunswick Applicant Name Applic t Signat re n. (i) Will water be impounded? ❑Yes ONO ❑NA III) 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 FT 26 2018 DCM-MHD CITY RECEIVED AUG "A 2018 DCM WILMINGTON, NC I il 2808 :: 1.888-4RC0AST :: w•ww.nccoastalmanatiement.net revised: 12, 2& 06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/madna: ❑Commercial OPublic/Govemment ❑Private/Community c. (1) Dock(s) and/or pier(s) (It) Number 1 Dock 1 Pier (ill) Length 48' Dock, 263' Pier (iv) Width 8' Dock, 6' Pier (v) Floating ®Yes []No e. (1) Are Platforms included? ®Yes ❑No If yes: (it) Number 2 (ill) Length 16.5' Covered 10.5' Uncovered (iv) Width 16.5' Covered. 6' Uncovered (v) Floating []Yes ®No Note: Roofed areas are calculated from dripfine dimensions. g. (1) Number of slips proposed 4 (it) Number of slips existing Q I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes []NO d. (I) Are Finger Piers included? ❑Yes ®No If yes: (II) Number (ill) Length (iv) Width (v) Floating []Yes []No f. (1) Are Boatlifts included? []Yes ®No If yes: (it) Number (ill) Length (Iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Canoe/Kayak launch area (12'4" x 51 and docking j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). canoes and kayaks k. Typical boat length: 15' Canoe I. (!)Will the facility be open to the general public? RECEIVED ®Yes []Nom. (iDYehefacility have tie pilings? RECEIVED DCMWILMING TON,NC ❑Ys®No e (it) If yes number of tie pilings? OCI 2 6 '(Ma AUG 30 2018 DCM-MHC CITY DCM WILMINGTON. NC 252.808.2808 :: 1.888.4RCOAST :: www.necoastalmanagement.net revised: 12/27iO6 Form DCNI NIP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _ i. Give the location of fuel -handling facilites, and describe the safety measures planned to protect area water quality. J. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? RECEIVED I. If this project is an expansion of an existing marina, what types of services are currently provided? OCT 2 6 2018 m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No DCM-MHD CITY RECEIVED AUG 3 0 2018 \I WI \ GTl�\Y NG B67vr�riL-AM7ra�-vr�1'r� 252-808-2808 :: 1-888-4RCOAST :: www.necoastalmanaaement.net revised: 12i27l06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any sheilfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliGGovernment ❑Private/Community (II) Number (iii) Length _ (iv) Width Note: Rooted areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number III) Length _ (III) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, If present. e. Arc of the swing 7. GENERAL RECEIVED OCT 2 6 20'.9 DCM-MHD CITY b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED AUG 3 0 2018 DCM WILMINGTON, NC RECEIVED DCM WILMINGTON, NC 252.808-2808:: 1.8438.4RCOA5T:: wwv.ncccastalmanaaement.net revised: 12,127/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of stwoure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 208' (East), 237' (West) 323' (East), 4,130' (West) Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Approx. 400' e. 0) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (if) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NAIL -1.71' relative to mean low water. & OTHER [I This section not applicable a. Give complete description: A proposed 6-foot wide, 263' long pier will provide connectivity to a 16.5' x 16.5' covered gazebo and 48' x 8' floating dock, with four proposed kayak slips and a kayak launch area. The floating dock encroaches into the navigation channel setback approximately 6.5', which was intended to allow reasonble access by kayaks to the launch platform on low tide. The 5' x 42' ramp is longer than usual to accomodate this for public accessiblity, at lower tide conditions as well. 8/23/18 Date Brunswick Waterway Park Project Name County of Brunswick Applicant Name �.oaW'7 ' Applicanl Signat e Ir RECEIVED OCT 2 6 2018 RECEIVED AUG 3 0 2018 DCM WILMINGTON, NC DCM-MHD CITY 232-808-2803 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 12.27 06 Form 0CM MP-5 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. 1. BRIDGES ❑This section not applicable a. Is the proposed bridge: ❑Commercial ®Public/Government ❑Private/Community c. Type of bridge (construction material): Wood e. (1) Will proposed bridge replace an existing bridge? ❑Yes ®No If yes, (il) Length of existing bridge: (!it) Width of existing bridge: _ (Iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) g. Length of proposed bridge: 98' 94' 40'. 125'. 725' I. Will the proposed bridge affect existing water flow? ❑Yes ®No If yes, explain: b. Water body to be crossed by bridge: 404 Wetlands d. Water depth at the proposed crossing at NLW or NWL: N/a: NWL only crosses access pier to waterway gazebo. f. (I) Will proposed bddge replace an existing culvert? Dyes ®No If yes, (ii) Length of existing culvert: _ (iii) Width of existing culvert: _ (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: 8' I. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ❑Yes ®No If yes, explain: k. Navigation clearance underneath proposed bridge: N/a I. Have you contacted the U.S. Coast Guard concerning their approval? []Yes ®No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: 3' waters? ®Yes ONO If yes, explain: 404 Ditches / Shallow wetlands. 2. CULVERTS ❑This section not applicable a. Number of culverts proposed: 4 RECEIVED OCT 2 6 2018 b. Water body in which the culvert is to be placed: 404 Wetlands RECEIVED < Form continues on back> AUG 30 2019 DCM-MHD CITY DGM WILMINC:TON NC 252-808.2808 :: 1.888-4RCDAST :: www neeaastalmanagemenL net revised: 110%2&06 Form DCM MP-5 (Bridges and Culverts, Page 2 of 4) c. Type of culvert (construction material): RCP d. (1) Will proposed culvert replace an existing bridge? ❑Yes ONO If yes, (ii) Length of existing bridge: _ (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) f. Length of proposed culvert: 52'. 50'. 40'. 50' h. Height of the top of the proposed culvert above the NHW or NWL. Approx. proposed culvert heiahts are 18.8'. 6.4'. 53. 4.9' (NAVD 88 Datum) j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ❑Yes ONO If yes, explain: e. (i) Will proposed culvert replace an existing culvert? 6_ ■ If yes, (li) Length of existing culvert(s): 42'. 22'. 22'. 42' (III) Width of existing culvert(s): 36". 12". 12" 15" (iv) Height of the top of the existing culvert above the NHW or NWL: Approx. existing culvert heights are 20.0'. 62. 62. 4.7' (NAVD 88 Datum) (v) Will all, or a part of, the existing culvert be removed? (Explain) Existing culverts will be removed and replaced because existing culvert size and material is not sufficient. 9. Width of proposed culvert: 12'. 12'. 5'. 12" I. Depth of culvert to be buried below existing bottom contour. Approx. 3.7'. 3.1'. 22. 1.9' k. Will the proposed culvert affect existing water flow? ❑Yes ®No If yes, explain: 3. EXCAVATION and FILL ❑This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ❑Yes ONO If yes, (ii) Avg. length of area to be excavated: _ (III) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: _ (v) Amount of material to be excavated in cubic yards: _ RECENED b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL 2 7 F❑None (ii) Describe the purpose of the excavation in these areas: Existing culverts being replaced are partially within 404 wetlands. RECEIVED AUG 3 0 2018 ®CN1-MHD 1"TY DCM WILMINGTON, NC 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanauement.net revised: 10126i06 Form DCNI MP-5 (Bridges and Culverts, Page 3 of 4) c. (1) Will the placement of the proposed bridge or culvert require any high -ground excavation? ®Yes ❑No If yes, (11) Avg. length of area to be excavated: 20' (iii) Avg. width of area to be excavated: 12' (iv) Avg. depth of area to be excavated: 3' (v) Amount of material to be excavated in cubic yards: 27 CY d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal area: On -site stockpile area per sedimentation and erosion control plan. (it) Dimensions of the spoil disposal area: Approx. 150' x 80' (ill) Do you claim title to the disposal area? SYes []No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? SYes ❑No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV ❑WL ❑SB SNone If any boxes are checked, give dimensions If different from (it) above. (vi) Does the disposal area include any area below the NHW or NWL? ? []Yes SNo If yes, give dimensions if different from (11) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ❑Yes ONO If yes, (It) Avg. length of area to be filled: (ill) Avg. width of area to be filled: (iv) Purpose of fill: f. (1) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL SNone (it) Describe the purpose of the excavation in these areas: g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? []Yes SNo If yes, (11) Avg. length of area to be filled: (ill) Avg. width of area to be filled: (Iv) Purpose of fin: RECEIVED OCT 2 6 2018 a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? ❑Yes SNo detour structures? []Yes ONO If yes, explain: RECEIV If -ye�'explain:' ,tU— 96N9 4UILneInlnTQN NC AUG 30 9ot8 O 4 4111 KAIMr.TQN. NC 252-808-2808 0: 1-888.4RCOAST :: www.nccoastaimanagament.net revised: 10128/08 Form DCM MP-5 (Bridges and Culverts, Page 4 of 4) If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. < Form continues on back> c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion []Yes ®No controlled? If yes, complete Form DCM-MP-2. Per state approved sedimentation and erosion control plan. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe w/ matting in wetlands, backhoe on barge for water areas. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? []Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 8/22/18 Date Brunswick Waterway Park Project Name Michael A. Norton Applicant Name Applicant Sig ature RECEIVED OCT 2 6 2018 DCM-MHD CITY f. Will wetlands be crossed in transporting equipment to project site? ®Yes []No If yes, explain steps that will be taken to avoid or minimize environmental impacts. Equipment matting. RECEIVED AUG 3 0 2019 DCM WILMINGTON, NO 252-808-2808 :: 1.8884RCOAST :: www.nccoastalmanagement.net revised; I0�26106 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: County of Brunswick Mailing Address: Phone Number: Email Address: PO Box 249 Bolivia, NC 28422 910.253.2670 aaron.perkins@brunswickcountync.gov I certify that I have authorized Michael Norton of McGill Associates PA Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Boardwalk, pier, docking and launching for canoes/kayaks at my property located at 3155 Holden Beach Rd., Supply, NC 28462 in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Aaron Perkins A. , , , Pv"kt� S Print or Type Name Director of Parks and Recreation Title 7 1 13 /aot Date This certification is valid through RECEIVED OCT 26 Z018 DCM-MHD CITY RECE!vED DCM WILMING TON, NG m a. Er r1J c SANF01:'Dr NC 27Z3 Cr A Nr ad Mail Fee 43.45� m Senn.& Fees(dw W%z; ❑ Return Recelpt(MnY.Wh S Return RecelPt t (etmuq,q C3❑ C3 ❑CMMed M.i RtlIMW DrMy S C3 ❑ Mutt S4,m.. PAqukee i ❑Mum sgnature Rmsbtat OtlNry S C3 Postage $2.05 � � otal Postage and Fe ti8.25 M1 To rl I C3 Siiiell irdApr: N6.. oiPMir Flo. M1 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if soace Dermfts. ,y1r. Al fre es4 Pr cc ,t'lz_ PAW )-, price NC 2 33 9590 9402 3306 7196 3458 85 2. Article Number (Transfer from service labep 7d17 0190 0001 1319 0293 Ps Form 3811, JOIy 2015 PSN 7530-02-000-9053 Q 6 Is delivery address different from ttem 17 U Ye: If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mall^ ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restrlc ❑ Certified Mal® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 0 Signature Confinnatlor 7 Insured Mail ❑ Signature Confrmatior 7 Insured Mall Restricted Delivery faun, tSnm Restricted Delivery Domestic Return Recall ■ Complete Items 1, 2, and 3. " 0 11e ■ Print your name and address on the reverse X ❑ Agent so that we can return the card to you. ❑ Adtlresse ■ Attach this card to the back of the mailpiece, B. R eived by iffinted Name) [ C-.)Date of Delivet or on the front if space permits. �,. /1 �C `30' 1. Article Addressed to: D. Is delivery address Rem 11 El yes If YES, enter delivery address below: ❑ No -50 Huyt,ev5 311 ✓c. .1, i'i )+ /{0A� AsL.cv; Ile NG Z8803 ) IIIIIIIII1111111111IIIIIIII 1111INIIII III 9590 9402 3306 7196 3458 54 '017 0190 0001 1319 0309 PS Form 3811. July 2015 PSN 7530-02-000-9053 3. Service Type ❑ Priority Mail Express® ❑ AdultSignature ❑ Registered Mall- ❑ Adult Signature Restrcted Delivery ❑ Reg atered Mall Restric ❑ Certified Mall® Delivery ❑ Whiled Mail Restricted Delivery ❑ Return Receipt for ❑ Go fact on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery D Signature Confirmation D Insured Mall ❑ Signature Confirmation ❑ Insured Mall ResMota l Delivery Restricted Delivery W- C3 .. m EC3 (1459 rq Certified Mall Fee` $3.45 06 Postmark M $ 17 r toter c i&FeespA tlalrsiJ.4!r ❑ReNrn ROCelpt (fteNcopyl RB pt (ale .i.) a I 1 _ Here C3ElReturn C3 ❑ CArtmal Mal Rretnctw 0e Nl S tr1-flit --- O ❑NdM Slgnelure Remuired S I.00 ❑MA 8".Wre Rvnrod OW $ Postage $2.05 C3 07/27/2018 0 oh Postaea 25 RE( QQM WILP M1 Sent To a -- ------------------------------ -- -" -----.- C3 ShieiatifAiglff:; iWPUX5i-No.-..-----5(]T7 M1 .r Domestic Return Receil Postmark Here 06 8 July 27, 2018 S & A Hughes Family Limited Partnership 311 Vanderbilt Road Asheville, North Carolina 28803 Certified Mail — Return Receipt Requested RE: CAMA Major Permit Application 3155 Holden Beach Road Supply, NC 28462 Dear S & A Hughes Family Limited Partnership: Brunswick County is applying for a CAMA Major permit to construct a boardwalk, pier and launching and docking facilities for canoes and kayaks, located at 3155 Holden Beach Road, Supply, in Brunswick, 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 Brooks Surgan, Field Representative, NC Division of Coastal Management, 127 Cardinal Drive Extension, 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 910.755.5872, or e-mail me at michael.norton@mcgillengineers.com. Sincerely, McGILL ASSOCIATES, P.A. RECEIVED Michael A. Norton, P.E., RECEIVED Shallotte Office Director DCM WILMINGTON, NC Agent for Brunswick County Enclosures OCT 26 2018 AU() 3 0 %OiiS DCM-MHD CITY 712 VILLAGE ROAD, SW, SUITE 103, SHALLOTTE, NORTH CAROLINA 28470 1 910.755,5872 1 www.mcgillengineers.com e McGill July 27, 2018 Certified Mail — Return Receipt Requested Mr. Alfred Price Ms. Pamela Price 3324 West Chester Drive Sanford, North Carolina 27330 RE: CAMA Major Permit Application 3155 Holden Beach Road Supply, NC 28462 Dear Mr. and Mrs. Price: Brunswick County is applying for a CAMA Major permit to construct a boardwalk, pier and launching and docking facilities for canoes and kayaks, located at 3155 Holden Beach Road, Supply, in Brunswick, 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 Brooks Surgan, Field Representative, NC Division of Coastal Management, 127 Cardinal Drive Extension, 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 910.755.5872, or e-mail me at michael.norton@mcgillengineers.com. Sincerely, McGILL ASSOCIATES, P.A. �— �' d Michael A. Norton, P.E., RECEIVED RECEIVED Shallotte Office Director DCM WILMINGTON, NC Enclosures Agent for Brunswick County AUG 10 201E OCT 2f, ^U�3 Q 4t4 Mr u CITY 712 VILLAGE ROAD, SW, SUITE 103, TTE, NORTH CAROLINA 28470 1 910. 755. 5872 1 www.mcgillengineers. com Brenda M. Clemmons Register of Deeds 12-18-2014 15:30:32.901 Brunswick County, NC NC REVENUE STAMP: $7000.00 (#419048) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a35s5 P1359mmons32'001 PROP Brunswick County, NC Register of Deeds page 1 of 3 AV et . roReFff �-"tkCk ash $ Refund: Cash $ _ Finance ❑ POT000601doCurnmi ate illegible due locondltlOn Ofodgiaal. i e 'Dominentdonlalnsseals vedfedbyoriginal " i�:rientM?' annolfinm—ducedorcOgled. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Recording Time, Book and Page Tax Map No. Parcel Identifier No. #232GCO01; #232GCO30, #232GCO29 Mail after recording to: This instrument was prepared by: Hewett Law Firm, PLLC, 632 Village Rd., Suite 1, Shallotte, N.C. 28470 Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. PREPARED WITHOUT OPINION OF TITLE I - THIS DEED made this li�� day of December, 2014 by and between GRANTOR Sweetwater Investments, LLC, a North Carolina Limited Liability Company 20 Thomasboro Rd SW Calabash, NC 28467 GRANTEE Brunswick County, a body corporate and politic, created and existing under the laws of the State of North Carolina P.O. Box 249 Bolivia, NC 28422 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land and more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by reference. RECEIVED OCT 2 6 2018 RECEIVED DCM WILMINGTON, NC AUG 3 0 LuiPj DCM-MHD CITY IIIIIIII IIIIII IIIIIII IIIIIIII IIIIIIII 83595 P N '115 30ons 32'P001 ROP Brunswick County, NC Register of Deeds page 2 of 3 All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book , Page Brunswick County Registry. A map showing the above described property is recorded in Plat Book Page , and referenced within this instrument. The above described property does not include the primary residence of the Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. 1) Lands lying below the mean high water mark; 2) utility easements of record, 3) Right of way for S.R. #130, 4) Right of Way for U.S. Intracoastal Waterway, if any. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer(s), the day and year first above written. Sweetwater Investements LLC (ENTITY N E) By: / ayne J. With, t0ole member and manager M Title: STATE OF NORTH CAROLINA. BRUNSWICK COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing docu ent: WAYNE J. SMITH, Manager of Sweetwater Investments, LLC. Witness my hand and official stamp or seal, this the 15 day of December, 2014. r �7I� My Commission Expires: 3 � [-a6IChIAA"` N ,,01"so Notary Public '�i ,•`���, PIC/G90 �'•, Print Notary Name: 4010r o %c, Pue�Z nvir..K GOa•• Print Notary Name: RECEIVED OCT 26: 'R RECEIVED DCM WILMINGTON, NC AUC ; O DCM-MHD CITY EXHIBIT "A" TRACT ONE: IIIIII II III IIII II IIII IIII III IIII II III B3595 P13611.16-2014 32.0013s PARCEL NUMBER 232GCO29 Brunswick County, NC Register of Deeds page 3 of 3 BEGINNING at an old iron in the southern right-of-way line of N.C. Highway #130, which old iron is located North 1 degree 14 minutes East 56.1 feet and North 61 degrees 28 minutes East 377.55 feet from the point where Old Highway 130 (leading to the ferry), intersects the new highway #130 (leading to the Holden Beach Bridge): from said beginning point thus located runs thence with the southern right-of-way line of Highway #130 South 65 degrees 58 minutes West 155.64 feet to an iron pipe in James Elliott's line, thence with Elliott's line South 11 degrees 32 minutes East 252.80 feet to an iron pipe in John Goodman Fulford's line; thence with Fulford's line North 87 degrees 20 minutes East 85.46 feet to an iron pipe in Caison's line; thence with said Caison's line North 1 degree 10 minutes East 307.16 feet to the place and point of BEGINNING, containing 32,302.58 square feet according to a survey made by Jan K. Dale, Surveyor, dated February 3, 1973. Being the same lands as conveyed to James Frederick Fulford et ux by John Goodman Fulford et ux. For back reference see Deed Book 559 at Page 557 of the Brunswick County Registry. Further being the lands as conveyed by Billy Erskine Lane, Jr. (Unmarried); Mandy Leigh Lane (Unmarried), and Carrie Lane Smith (Married) to Sweetwater Investments, LLC by deed dated August 11, 2005 and recorded August 12, 2005 in Book 2211 at Page 1339 of the Brunswick County Registry. TRACT TWO. PARCEL NUMBER232GCO30 BEING all of a 1.18 acre tract, as set out on a survey map entitled. "Plat of Survey for Sweetwater, LLC," dated July 9, 2004 by Thomas W. Morgan, Registered Land Surveyor, a copy of said map is recorded in Map Book 30 at Page 392 of the Brunswick County Registry. Reference is hereby made to said plat and it is hereby incorporated herein for greater certainty of description. For back reference see the deeds recorded in Book 240 at Page 315; Bock 269 at Page 67; Brunswick County Registry. Further being the lands as conveyed by Geraldine F. Elliott (Unmarried) to Sweetwater Investments, LLC by deed dated and recorded July 15, 2004 in Book in 1979 at Page 1169 of the Brunswick County Registry. TRACT THREE: PARCEL NUMBER232GCO01 BEING all of a 32.97 Acre Tract, as set out on a survey entitled "Plat of Survey of Sweetwater, LLC," dated July 9, 2004 by Thomas W. Morgan, Registered Land Surveyor, a copy of said map is recorded in Map Book 30 at Page 392 of the Brunswick County Registry. Reference is hereby made to said plat and it is hereby incorporated herein for greater certainty of description. For back reference see the deeds recorded in Book 94, Page 113, Book 290, Page 142, Brunswick County Registry For further reference see Estate File Number 98E-364, Brunswick County Registry. Further being the lands as conveyed by Elena Geraldine Elliott a/k/a Geraldine F. Elliott (Unmarried); James Frederick Fulford and wife, Brenda Fulford to Sweetwater Investments, LLC by deed dated and recorded July 15, 2004 in Book 1979 at Page 1172 of the Brunswick County Registry. TOGETHER with all riparian rights associated with this tract. This Tract is subject to the right -of —way of the Intracoastal Waterway. RECEIVED OCT 2 g M8 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC AUG 3 0 m8 ROY COOPER NORTH CAROLINA Covemor Fnvtr»nntentaf Quality MlCHAEL S. REGAN sevRary October 16TH, 2018 BRAXTON C. DAVIS Director McGill Associates, P.A. c/o Michael A. Norton 712 Village Road SW, Suite 103 Shallotte, NC 28470 Dear Mr. Norton: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Brunswick County, for State approval for development of Brunswick Waterway Park at the subject property located at 3155 Holden Beach Road SW, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Supply, Brunswick County. It was received as complete on August 30TH, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is November 13TH, 2018. 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 August 30TH, 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, Cr MZC-g--"Tyl r Mc Environmental Specialist RECEIVED OCT 2 6 Z018 ®CM-MHD C►TY cc: Courtney Spears, DCM Liz Hair, COE Doug Huggett, MHC Chad Coburn, DWR Connie Marlowe, LPO Aaron Perkins with Brunswick County (Applicant) North Carolina Department of Environmental Quality 1 Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 NOTI(O'$176A CAMA PERMIT APPLIES FOR To construct a new public water nark. with a •-.ECT- • • • _ • • � W 7 W N eo e� U 0 2 � Bea a �ace n e n Supp Y, Brunswick COMMENTS ACCEPTED THROUGAFovember 1512018 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: County of Brunswick NIC Div. of Coastal Management c/o /laron Perkins 127 Cardinal Dr. Extension PO Box 249 Wilmington, NC 28405 RnIivin, NC 2844A Tyler McGuire Field Representative 910-796-7424 Agent: Michael Norton (910) 755-5872 e McGill A S S O C I A T E S August 24, 2018 Mr. Tyler McGuire Environmental Specialist Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Dr. Ext. Wilmington, NC 28405 Subject: Brunswick Waterway Park Dear Mr. McGuire: On behalf of Brunswick County we are pleased to provide the enclosed permit application forms and plan sheets for the subject project. Enclosed you will find the following: • Form DCM MP-1 Application for Major Development Permit • Form DCM MP-3 Upland Development • Form DCM MP-4 Structures • Form DCM MP-5 Bridges and Culverts • Plan Drawings • Project Narrative • Agent authorization Form • Check in the amount of $400.00 • Copy of Deed • Copies of the Adjacent Property Notification Letters with receipts for Certified Mail. • Copy of the Certified Mail Return Receipts from Adjacent Property Owners. • Copy of the Jurisdictional Determination Request from Land Management Group. Please feel free to call me at 910-755-5872 with any questions regarding this submittal. Sincerely, McGILL ASSOCIATES, PA Michael A. Norton, PE Shallotte Office Director Enclosures RECEIVED RECEIVED DCM WILMINGTON, NC cc: Aaron Perkins, Director of Parks and Recreation OCT 2 6 2018 An 9 0 DCM-MHD CITY 712 VILLAGE ROAD, SW, SUITE 103, SHALLOTTE, NORTH CAROLINA 28470 1 910.755.5872 I www_ mcgillengineers.com LMG cc LAND MANAGEMENT GROUP nuc. % rn Environmental Consultants January 16th, 2018 TO: Brennan Dooley US Army Corps of Engineers 69 Darlington Avenue Wilmington NC 28403 RE: Holden Beach Park Tract; Off Kanoy Drive, Supply, NC 28462 Jurisdictional Determination Renewal Request Dear Brennan: I have enclosed an AJD Renewal Request Package for the Holden Beach Park Tract located in Brunswick County — Supply, NC. The review area is Parcel ID: 232GCO01 and approximately 33.3 acres. The action ID is SAW 2006-32548-010. We look forward to meeting with you on site at your earliest convenience to review the wetland line. Please let us know if you have any questions! Sincerely, Eli, a,b�� S. 13vwgeyy Elizabeth Burgess Staff Scientist RECEIVED Land Management Group, Inc. ou Encl. pCM-MHD CITY cc: Michael Norton — McGill Associates RECEIVED DCM WILMINGTON, NC: www.lmgroup.net - info@Imgroup.net - Phone: 910.452.0001 - Fax: 910,452.0060 AUG . 0 %(l I$ 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 AteUMG LAND MANAGEMENT GROUP 1sc. Environmental Consultants AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN. Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the determination of jurisdictional wetland boundaries on the subject property, Holden Beach Park. By way of this form, Itwe additionally authorize access to the site by representatives of the US Army Corps of Engineers and/or the NC Division of Coastal Management for the purpose of reviewing the flagged wetland boundary and providing a final jurisdictional determination. Any questions regarding the jurisdictional wetland determination should be directed to Land Management Group, Inc. Please provide the following information: Property Address and Parcel ID Number: 2320000I Current Property Owner Name: Brunswick County Owner Address, Phone Number, & Email Address: P.O. Box 249 Bolivia NC 28422-0249 Notice: This authorization, for liability & professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Land Management Group, Inc. staff. You should call LMG to arrange a site meeting prior to visiting the site. 1441 Print Owner's Name J�SW,cwq William L. Pinnix, P.E. Director of Engineering Owner's Signature 75 COURTHOUSE: DRIVE, BUILDING 1 V,4o9rN Epp ``gyp P.O. Box 249, BOLNIA, NC 28422 Date BRUNSWICK COUNTY T. 910.253.2408 ENGINEEFING SENWCE9 F. 910.253.2704 C. 910.409.2557 _.. '011am.pinnlxpbrunswickmuntyncgoI, rely Inwromumict • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 154lmiaateff 28403 RECEIVED DCM WILMINGTON, NC AUG 3 0 2018 OCT 2 6 2018 DCM-MHD CITY Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: West of the end of Kanoy Drive City, State: County: Supply, NC 28462 Brunswick Parcel Index Number(s) (PIN): B. REQUESTOR INFORMATION 232GCO01 Name: Paul Farley/Land Manaqement Group Mailing Address: 3805 Wrightsville Avenue Wilmington NC Telephone Number: 28403 Electronic Mail Address: pfarley@lmgroup.net Select one: ❑ I am the current property owner. ❑✓ I am an Authorized Agent or Environmental Consultantl Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: Brunswick County Mailing Address: P.O. Box 249 Bolivia, NC 28422-0249 Telephone Number: 910-253-2408 (William Plnnix) Electronic Mail Address: william.pinnix@brunswiekeountync.go% Must provide completed Agent Authorization Form/Letter. z Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Ivt:uRECEIVED Page 2 DCM WILMINGTON, NC OCT 26 2018 AUK 0 2018 I)CM-MHD CITY Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3•4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Brunswick County Print Name pacity: Q✓ Owner ❑ Authorized Agents Date E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. Q✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. CJ I intend to construct/develop aprojector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. 8 A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other: ' For NCDOT requests following the current NCDOTA)SACE protocols, skip to Part E. if there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. ' Must provide agent authorization formlletter signed by owneris). Version: May 2017 RECEIVED RftOVED DCM WILMINGTON, NC OCT 2 6 2018 DCM-MHD CITY AUG 3 0 N18 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ElI am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑✓ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ElI am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS aMap of Property or Project Area. This Map must clearly depict the boundaries of the review area. 0 Size of Property or Review Area , 33.3 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. RECEIVED OCT 2 6 2018 DCM-MHD CITY Version: May2017 DCMWILMINGT I,* 4uti 3 0 2018 ❑✓ jurisdictional Determination Request REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 33.920951 Longitude: -78.274683 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 • North Arrow • Graphical Scale ■ Boundary of Review Area ■ Date Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: • Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. F7Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) s Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace,arniy.mil!Missions/R"ulatorN-Permit- Version: May 2017 DCM OCT 2 6 2,118 DCM-MHD CITY auu 3 0 2018 Jurisdictional Determination Request ❑✓ Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Forma Aouatic Resource Table • AJDs, Dlease complete an Approved Jurisdictional Determination Forms ✓❑ Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map ❑✓ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposec Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) ❑ Landscape Photos (if taken) ❑ NCWAM and/or NCWAM Assessment Forms and Rating Sheets ❑ NC Division of Water Resources Stream Identification Forms Other Assessment Forms r www.Sas�.usace.armv.mil/Porlals/59/docs/reeulatorv,rescdocs/1D/RGL 08-02 App A Prelim JD Form fillablepdf r Please see htm://www.saw.usace.anny.mi[/Missions/Regulatory-Permit-Proeram,'Jurisdictioti/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may he shared with the Department of Justice and other federal, state, and local governmentagencies, and the public, and may be made available as part of a public notice as required by federal RECEIVED law. Your name and property location where federaljurisdiction is to be determined will be included in the DCM WILMINGTON, NC approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGEwebsite. q�� 2018 Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 ' - " `"" Page 6 OCT 2 6 2018 DCM-MHD CITY 1/12/2018 Appraisal Card [DNNTV /12/2015 3:44:13 PM RUNSWICK COUNTY Retwn/Appeal Notes: Parcel: 232GCOGI FIAT: / UNIQ ID 9IS74 I0049890 ID NO: 202613020547 BRUNSWICK COUNTY (100), TRI-BEACH FIRE (63) CARD NO. 1 or I al Year: 2015 Taa Year: 2017 TR-2 32.97 ACRES PL 30/392 32.970 AC SRC - raked by an 04/19f2010 507SEA BREEZE. TW-05 CI 00 FR-19 EX-B AT- UST ACTION 20141219 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE OTAL POINT VALUE 5 MOD EN. Area UA BASE RATE RCNEY V REDENCE TO BUILDING ADJUSTMENT OTAL ADJUSTMENT 981 00 1 1 % GOOD I )EPR. BUILDING VALUE - CARD ACTOR OTAL QUALITY INDEX TYPE: VACANT LAND STYLE: )EPA. OS/XF VALUE - CARD 4ARKET LAND VALUE - CARD 1,947,96 OTAL MARKET VALUE - CARD 1,947,96 DIAL APPRAISED VALUE - CARD 1,947,9 OTAL APPRAISED VALUE - PARCEL 1,947,96 OTAL PRESENT USE VALUE- PARCEL OTAL VALUE DEFERRED - PARCEL OTAL TAXABLE VALUE - PARCEL 1,947.96 PRIOR UILDING VALUE 0XF VALUE NO VALUE 1,226,4 RESENT USE VALUE EFERRED VALUE OTAL VALUE 1,226,48C PERMIT CODE I DATE I NOTE I NUMBER AMOUNT OUT: WTRSHD: SALES DATA FF. CORD ATE DEED TYPE INDICATE SALES PRICE K AGE M R 3595 1359 1979 1172 12 014 7 004 WO• WD U V q V 350000 100000 HEATED AREA NOTES SUBAREA ODE UAL ESCRIPTIO OUN LTXWTN WT UNIT PRICE ORIG % COMO BLDGR SI2E FAR ANN DE P RATE VRCOND % OB/XF DEPIL VALUE GS RPL TYPE AREA % CB OTAI OB/xF VALUE !REPLACE UBAREA OTALS VTLDING DIMENSIONS AND INFORMATION IGHEST AND EST USE USE LOCAL FROM CODE ZONING TAGE DEPTH DEPTH SIZE LNG MOD COND FACT OTHER ADJUSTMENTS AND NOTES RF AC LC TO OT ROAD TYPE !AND UNIT PRICE TOTAL LAND UNITS UNT TYP TOTAL ADJST ADJUSTED UNIT PRICE LAND VALUE OVERRIDE VALUE LAND NOTESI ES RU ACR 0110 MR32 400 0 1 0.9900 1 4 0.9100 04 -05 +00 +00 +00 NW 30,000.00 25.480 AC 0.900 27,00.00 68796 FR WATERW 0104 MR32 240 170 1.0000 0 1.0000 NW 3SO,000,00 2.000 LT I-ODC 350,ODD.00 70000 Fit MARSH 0108 MR32 0 0 1.000a 0 1.0000 NW 80,000.00 7.00C AC I.wc 80,0ND0 56000 DIAL MARKET LAND DATA 37..J 1,947,9fi OTAL PRESENT USE DATA RECEIVED OCT 2 6 .018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC Auu 3 0 /W h8p:/flax.brunsco.neVRsnet/Apprai5alCard.aspx?parts)=232GC001&TaxYear-2017 1/1 JlllO aHNI'YVOQ BIOZ 9 Z 100 Brunswick County GIS Data Viewer 7.�I, '1p�rY '�i `va.'r1 �:a, rr ' n`I� < —;,�y� .a{� y>� t. • ~R•;p. 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K n b�imua yilis errwu CoutY GAS ZC ._J � OM Z WETLAND DETERMINATION DATA FORM —Atlantic and Gulf Coastal Plain Region Project/Site: Holden Beach Park City/County: Brunswick Sampling Date: l/2/18 Applicant/Owner.. Brunswick County Slate: NC Sampling Point: Upland 1 Investigator(s): Paul Farley Section, Township, Range: Landform (hillside, terrace, etc.): Interstream divide Local relief (concave, convex, none): Convex Slope (%): 1 Subregion (LRR or MLRA): LRR T. MLRA 1538 Lat: 33.922275 Long:-78.274537 Datum: NAD 83 Sal Map Unit Name: WaB: Wando fine sand, 0-6% slopes NWI classification: Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No_ (If no, explain In Remarks.) Are Vegetation _, Soil _, or Hydrology _significantly disturbed? Are "Normal Circumstances" present? Yes x No Are Vegetation Soil or Hydrology _naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Remarks: HYDROLOGY Yes X No Is the Sampled Area Yes_ No X within a Wetland? Yes_ No X Yes_ No X Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that aooly) —Surface Soil Cracks (B6) —Surface Water (Al) _Aquatic Fauna (1313) —Sparsely Vegetated Concave Surface (138) _High Water Table (A2) _ Mad Deposits (B15) (LRR U) _ Drainage Patterns (1310) _Saturation (A3) _ Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (1316) —Water Marks (81) —Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _ Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _Drift Deposits (133) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _ Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _ Shallow Aquitard (D3) _Inundation Visible on Aerial Imagery (B7) _ FAC-Neutral Test (05) —Water-Stained Leaves (139) _Sphagnum Moss (D8) (LRR T,U) Field Observations: Surface Water Present? Yes_ No x Depth (inches): Water Table Present? Yes No x Depth (inches): _ Saturation Present? Yes_ No x Depth (inches): Wetland Hydrology Present? Yes_ No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), if available: Remarks: No saturation or water table observed to 20" RECEIVED DCM WILMINGTON, NC RECEIVED GI)( k OCT 262018 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Four strata) - use scientific names OT plants. aampimg romr. Vpiana r Absolute Dominant Indicator Tree Stratum (Plot size: 30' radius ) % Cover Species? Status Dominance Test worksheet: 1. Acer rubrum 50 Yes FAC Number of Dominant Species 2. Nyssa sylvafica 30 Yes FAC That Are OBL, FACW, or FAC: 3 (A) 3. Total Number of Dominant 4. Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: 80 =Total Cover OBL species x 1 = 50% of total cover: 40 20% of total cover: 16 FACW species x 2 = Saoline/Shrub Stratum (Plot size: ) FAC species x 3 = 1. FACU species x 4 = 2. UPL species x 5 = 3. Column Totals: (A) (B) 4, Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7, X 2 - Dominance Test is >50% 6. 3 - Prevalence Index is !0.0' =Total Cover _Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 20% of total cover: Herb Stratum (Plot size: 30' radius ) 1. Morelia cerifere 60 Yes FAC 'Indicators of hyddc soil and wetland hydrology must be 2. Arundinana facts 10 No UPL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 6 more in diameter at breast height (DBH), regardless of height. 6 7. SaplinglShrub -Woody plants, excluding vines, less 8• than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb -All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 It tali. 12. 70 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 35 20% of total cover: 14 height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5' Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No - Remarks: (If observed, list morphological adaptations below.) RECEIVED DCM WILMINGTON, NC RECEIVED A0b .j 0 M8 OCT 2 6 2018 US Army Corps of Engineers DCM-MHD CITY Atlantic and Gulf Coastal Plain Region -Version 2.0 oW'" oau,pnuy'�m. vymuu i Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of Indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (mast) % Type' Loc Texture Remarks 0-20 10YR 712 Sandy friable, no coated grains Hyddc Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': _ Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _Hislic Epipedon (A2) _Barrier Islands 1 cm Muck (S12) 2 cm Muck (A10) (LRR S) _Black Histic (A3) (MLRA 153B, 153D) _Coast Prairie Redox (A16) _Hydrogen Sulfide (A4) _Loamy Mucky Mineral (F1) (LRR 0) (outside MLRA 150A) _Stratified Layers (A5) _Loamy Gleyed Matrix (F2) _ Reduced Vedic (F18) ? Organic Bodies (A6) (LRR, P, T, U) Matrix (F3) (outside MLRA 150A, 1508) _5 cm Mucky Mineral (A7) (LRR P, T, U) _Depleted _ Redox Dark Surface (F6) _Piedmont Floodplain Soils (F19) (LRR P, T) _Muck Presence (A8) (LRR U) _Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _Redox Depressions (F8) (MLRA 153B) —Depleted Below Dark Surface (All) —Mad (F10) (LRR U) _Red Parent Material (F21) _Thick Dark Surface (Al2) —Depleted Ochric (Fl l) (MLRA 151) _Very Shallow Dark Surface (F22) _Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR 0, P, T) (outside MLRA 138, 152A in FL, 154) _Sandy Mucky Mineral (St) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) _Barrier Islands Low Chrome Matrix (TS7) _Sandy Gleyed Matrix (S4) _ Delta Ochric (F17) (MLRA 151) (MLRA 153B, 153D) _Sandy Redox (S5) _ Reduced Vertic (F18) (MLRA 150A, 1508) _Other (Explain in Remarks) _Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 149A) Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _Dark _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T. U) —Very Shallow Dark Surface (1722) wetland hydrology must be present, (MLRA 138, 152A In FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (Inches): Hydric Sol] Present? Yes_ No X This data form is revised from Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0 to Include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. RECEIVED OUT � 6 62 DCM-MHD CITY RECEIVED DCM WILMINGTON. NC US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 WETLAND DETERMINATION DATA FORM —Atlantic and Gulf Coastal Plain Region Project/Site: Holden Beach Park City/County: Brunswick Sampling Date: 1/2118 ApplicanVOwner: Brunswick County State: NC Sampling Point: Upland 2 Investigatods): Paul Farley Section, Township, Range: Landform (hillside, terrace, etc.): Hillslope Local relief (concave, convex, none): Concave Slope (%): 1 Subregion (LRR or MLRA): LRR P, MLRA 135E Let: 33.921792 Long:-78.274994 Datum: NAD 83 Sal Map Unit Name: WaB: Wando fine sand, 0-6%slopes NWI classification: Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No— (If no, explain in Remarks.) Are Vegetation _, Soil _, or Hydrology _significantly disturbed? Are "Normal Circumstances' present? Yes x No_ Are Vegetation _, Soil _, or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, Important features, etc. Hydrophylic Vegetation Present? Yes _ No X Fithlen Sampled Area Hydric Soil Present? Yes_ No X a Wetland? Yes_ No X Wetland Hydrology Present? Yes_ No X Remarks: Estimated lat/long with Google earth HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (86) _ Surface Water (Al) _Aquatic Fauna (813) _Sparsely Vegetated Concave Surface (138) _High Water Table (A2) _Mad Deposits (B15) (LRR U) _Drainage Patterns (B10) —Saturation (A3) _ Hydrogen Sulfide Odor (Cl) _ Moss Trim Lines (B16) —Water Marks (B1) _Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) —Sediment Deposits (132) _Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Drift Deposits (83) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (87) _ FAC-Neutral Test (D5) —Water-Stained Leaves (139) _ Sphagnum Moss (D8) (LRR T,U) Field Observations: Surface Water Present? Yes_ No x Depth (inches): Water Table Present? Yes No X Depth (Inches): _ Saturation Present? Yes_ No X Depth (inches): Wetland Hydrology Present? Yes_ No X includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: No hydrology indicators observed to 20' RECEIVED 6 2018 RECEIVED DCM WILMINGTON, NC OCT 2 DCM_MHD CITY AUII 3 0 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 vmua sAi IVP1 (ruur Oudrdl - VLG JIIV' IUIIG IIGI I IGJ VI pill I W. Tree Stratum (Plot size: 30' radius ) % Cover Species? Status 1. Quercus virginiana 10 Yes FACU 2. Ilex opaca 10 Yes FAC 3. Carya illinoinensis 30 Yes FACU 4. 5. 6. 7. 8. 50 =Total Cover 50% of total cover: 25 20% of total cover: 10 Saolinn/Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. =Total Cover 50% of total cover. 20% of total cover: Herb Stratum (Plot size: 30' radius ) 1. flex vomitona 2 No FAC 2. various graminoids 2 No FAC 3. 4. 5. 6. 7. 8. 9. 10. it. 12. aampung romc uplana z Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 1 (A) Total Number of Dominant Species Across All Strata: 3 (B) Percent of Dominant Species That Are 08L, FACW, or FAC: 33.3% (A/8) Total % Cover of: Multiply by: OSL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 14 x 3 = 42 FACU species 40 x 4 = 160 UPL species 0 x 5 = 0 Column Totals: 54 (A) 202 (B) Prevalence Index = B/A = 3.74 _ 1 - Rapid Test for Hydrophytic Vegetation -2. Dominance Test is >50% _ 3 -Prevalence Index is 9.0' Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hyddc soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree- Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 4 =Total Cover Woody Vine - All woody vines greater than 3.28 it nI 50% of total cover: 2 20% of total cover: 1 height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover Present? Remarks: (If observed, list morphological adaptations below.) RECEIVED OCT 262018 Yes _ No X RECEIVED DCM WILMINGTON, NC Ali(1 3 0 201� JO n.... y l.r., pa vI o,yl„ccli nrt\A_UII4D - - --- MLIdnub 61V vw, wd>lm rldm ReylOu - vm J,On c.v JVIL rums. �yianuc Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Lae Texture Remarks 0-20 10YR 712 Sandy all uncoated Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': _ Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (AS) (LRR O) Hlstic Epipedon (A2) _Barrier Islands 1 cm Muck (S12) _2 cm Muck (A10) (LRR S) —Black Hisfic (A3) (MLRA 153B, 153D) —Coast Pralde Redox (Al6) —Hydrogen Sulfide (A4) _Loamy Mucky Mineral (Ft) (LRR O) (outside MLRA 150A) _Stratified Layers (A5) _Loamy Gleyed Matrix (F2) —Reduced Vertic (F18) ? Organic Bodies (A6) (LRR, P, T. U) —Depleted Matrix (F3) (outside MLRA 150A, 150B) _5 cm Mucky Mineral (A7) (LRR P, T, U) Redox Dark Surface (F6) _Piedmont Floodplain Soils (F19) (LRR P, T) _Muck Presence (A8) (LRR U) _ Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (1720) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (FS) (MLRA 153B) —Depleted Below Dark Surface (All) _ Mad (F10) (LRR U) —Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _Coast Prairie Redox (At 6) (MLRA 150A) Iron -Manganese Masses (F12) (LRR 0, P, T) (outside MLRA 138, 152A In FL, 154) _Sandy Mucky Mineral (St) (LRR 0, S) _Umbric Surface (F13) (LRR P, T, U) _ Barrier Islands Low Chrome Matrix (TS7) _Sandy Gleyed Matrix (S4) _ Delta Ochric (F17) (MLRA 161) (MLRA 153B, 153D) —Sandy Redox (S5) _ Reduced Vertic (F18) (MLRA 150A, 15OB) _Other (Explain in Remarks) _Stripped Matrix (SO) —Piedmont Floodplain Soils (F19) (MLRA 149A) Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (1720) —Dark _Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 'Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes _ No X This data form is revised from Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. RECEIVED RECEIVED DCM WILMINGTON, NC 00 26 2018 tiJL, 3 P. %�j'1� US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 WETLAND DETERMINATION DATA FORM —Atlantic and Gulf Coastal Plain Region Project/Site: Holden Beach Park City/County: Brunswick Sampling Date: 1/2/18 Applicant/Owner: Brunswick County State: NC Sampling Point: Weiland 1 Investigator(s): Paul Farley Section, Township, Range: Landform (hillside, terrace, etc.): Drain Local relief (concave, convex, none): Concave Slope (%): 1 Subregion (LRR or MLRA): LRR T, MLRA 153E Let: 33.922372 Long: •78.274537 Datum: NAD 83 Soil Map Unit Name: WaB: Wando fine sand, 0-6%slopes NWI classification: PF01/4Rd Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No_ (If no, explain in Remarks.) Are Vegetation _, Soil _, or Hydrology _significantly disturbed? Are "Normal Circumstances" present? Yes x No_ Are Vegetation Soil _, or Hydrology —naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No_ Welland Hydrology Present? Yes X No Remarks: Data is taken approximately 25' downhill from wetland Flag 91 HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is reauired: check all that apply) _Surface Soil Cracks (86) X Surface Water (At) _Aquatic Fauna (813) _Sparsely Vegetated Concave Surface (BB) X High Water Table (A2) _Mad Deposits (B15) (LRR U) —Drainage Patterns (610) x Saturation (A3) —Hydrogen Sulfide Odor (Cl) —Moss Trim Lines (1316) —Water Marks (81) _Oxidized Rhizospheres on Living Roots (C3) _Dry -Season Water Table (C2) —Sediment Deposits (82) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _Drift Deposits (83) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) Mat or Crust (B4) _Thin Muck Surface (C7) x Geomorphic Position (D2) _Algal _Iron Deposits (135) _Other (Explain In Remarks) _ Shallow Aquitard (03) Inundation Visible on Aerial Imagery (87) x FAC-Neutral Test (D5) _ —Water—Stained Leaves (B9) _Sphagnum Moss (08) (LRR T,U) Field Observations: Surface Water Present? Yes x No Depth (Inches): 1 Water Table Present? Yes x No Depth (inches): 1 Saturation Present? Yes x No_ Depth (inches): 1 Wetland Hydrology Present? Yes X No — (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: RECEIVED RECEIVED DCM WILMINGTON, NC OCT 2 6 2018 DCM-MHD CITY US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Wetland 1 Tree Stratum (Plot size: 30' r ) % Cover Species? Status Dominance Test worksheet: 1. Nyssa sylvatica 30 Yes FACW Number of Dominant Species 2. Acerrubrum 50 Yes FAC That Are OBL, FACW, or FAC: 3 (A) Total Number of Dominant 3• 4. - Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% We) 80 =Total Cover Prevalence Index worksheet: 50% of total cover: 40 20% of total cover: 16 Total % Cover of. Multiply by: Sapling Stratum (Plot size: ) OBL species x 1 = 1. FACW species x 2 = 2. FAC species x 3 = 3. FACU species x 4 = 4. UPL species x 5 = 5. Column Totals: (A) (B) 6. Prevalence Index = B/A = =Total Cover Hydrophytic Vegetation Indicators: 50% of total cover. 20% of total cover: _ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) X 2 - Dominance Test is >50% 1. 3 - Prevalence Index is s3.0' 2. _ Problematic Hydrophytic Vegetation' (Explain) 3. 4. 5. 'Indicators of hydric soil and wetland hydrology must be 6, present, unless disturbed or problematic. Definitions of Five Vegetation Strata: =Total Cover 50% of total cover: 20% of total cover: Tree — Woody plants, excluding woody vines, Herb Stratum (Plot size: 30' r ) approximately 20 it (6 m) or more in height and 3 in. 1. Morelia cerflers 60 Yes FAC (7.6 cm) or larger in diameter at breast height (DBH). 2. Admdomaroa tecta 10 No FAC Sapling — Woody plants, excluding woody vines, 3, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 4 5. Shrub - Woody Plants, excluding woody vines, 6 approximately 3 to 20 ft (1 to 6 m) in height. 7. Herb —All herbaceous (non -woody) plants, Including 8. herbaceous vines, regardless of size, and woody g plants, except woody vines, less than approximately 3 ft (1 m) in height. % 11 Woody Vine —AII woody vines, regardless of height. 70 =Total Cover 50% of total cover: 35 20% of total cover: 14 Woody Vine Stratum (Plot size: ) 1. RECEIVED DCM WILMINGTON, NC 2 3. Auu 3 0 M8 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (If observed, list morphological adaptations below.) US Army Corps of Engineers OCT 2 6 2018 Atlantic and Gulf Coastal Plain Region — Version 2.0 DCM-MHD CITY SOIL Sampling Point: Wetland 1 Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) N Type' Loc Texture 0-18 10YR 211 Loamy/Clayey Remarks 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Location: PL=Pore Lining, M=Malrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric S _ Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _ Bander Islands 1 cm Muck (S12) 2 cm Muck (A10) (LRR S) _Black Histic (A3) (MLRA 153B, 153D) _Coast Prairie Redox (A16) —Hydrogen Sulfide (A4) x Loamy Mucky Mineral (Fl) (LRR O) (outside MLRA 150A) Stratified Layers (AS) Loamy Gleyed Matrix (F2) ? Reduced Vertic (F18) _Organic Bodies (AS) (LRR, P, T, U) _Depleted Matrix (173) (outside MLRA 150A, 150B) _5 cm Mucky Mineral (A7) (LRR P, T. U) Redox Dark Surface (F6) _Piedmont Floodplain Soils (F19) (LRR P, T) _Muck Presence (A8) (LRR U) _Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _Redox Depressions (F8) (MLRA 153B) _ Depleted Below Dark Surface (All) —Mad (F10) (LRR U) _Red Parent Material (F21) _Thick Dark Surface (Al2) _ Depleted Ochric (F11) (MLRA 151) _ Very Shallow Dark Surface (F22) _ Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR 0, P, T) (outside MLRA 138, 152A in FL, 154) —Sandy Mucky Mineral (S1) (LRR O, 8) x Umbrlc Surface (F13) (LRR P, T. U) Islands Low Chrome Matrix (TS7) _Sandy Gleyed Matrix (S4) _Delta Ochric (F17) (MLRA 151) —Barrier (MLRA 153B, 153D) _Sandy Redox (S5) _Reduced Vertic (F18) (MLRA 150A, 150B) _Other (Explain in Remarks) _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 149A) _ Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) Polyvalue Below Surface (Sit) (MLRA 149A, 153C, 153D) 'Indicators of hydrophytic vegetation and (LRR S, T, U) —Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (Inches): Hydric Soil Present? Yes X No Remarks: This data form is revised from Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0 to Include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. aEcEIvEo 0Cj 16 jo% CIIN RECEIVED DCM WILMINGTON, NC H­k,R0118 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 WETLAND DETERMINATION DATA FORM —Atlantic and Gulf Coastal Plain Region Project/Site: Holden Beach park - City/County: Brunswick Sampling Date: 1/2118 Applicant/Owner: Brunswick State: NC Sampling Pant: Wetland 2 Investigator(s): Paul Farley Section, Township, Range: Landform (hillside, terrace, etc.): High marsh Local relief (concave, convex, none): None Slope I%): Subregion (LRR or MLRA): LRR T, MLRA 1538 Let: 33.920153 Long:-78.275437 Datum: NAD 83 Soil Map Unit Name: WaB: Wando fine sand, 0-6% slopes NWI classification: E2EM1Pd Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.) Are Vegetation Soil _, or Hydrology _ significantly disturbed? Are "Normal Circumstances" present? Yes x No — Are Vegetation Soil _, or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Welland Hydrology Present? Remarks: HYDROLOGY Yes X No I Is the Sampled Area — Yes X No within a Wetland? Yes X No Yes X No Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (B6) _Surface Water (At) _Aquatic Fauna (B13) _ Sparsely Vegetated Concave Surface (138) X High Water Table (A2) _ Mad Deposits (B15) (LRR U) —Drainage Patterns (1310) _Saturation (A3) —Hydrogen Sulfide Odor (CI) _Moss Trim Lines (616) —Water Marks (137) _Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (82) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _ Drift Deposits (83) —Recent Iron Reduction in Tilled Soils (C6) _ Saturation Visible on Aerial Imagery (Cg) _Algal Mat or Crust (84) _Thin Muck Surface (C7) x Geomorphic Position (02) _ Iron Deposits (135) _Other (Explain in Remarks) _Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (87) x FAC-Neutral Test IDS) —Water-Stained Leaves (89) _Sphagnum Moss (D8) (LRR T,U) Field Observations: Surface Water Present? Yes_ No x Depth (inches): Water Table Present? Yes x No_ Depth (inches): 0 Saturation Present? Yes x No_ Depth (inches): 0 wetland Hydrology Present? Yes X No_ (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: RECEIVED OCT 2 6 2018 RECEIVED DCM WILMINGTON, NC DCM-WIHD CITY you 3 0 M8 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Wetland 2 Tree Stratum (Plot size: ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 3. Total Number of Dominant 4. Species Across All Strata: 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 7. 8. =Total Cover 50% of total cover: 20% of total cover: Sapling/Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. =Total Cover 50% of total cover: 20% of total cover: Herb Stratum (Plot size: 30' radius ) 1. Juncus roemerianus 100 Yes OBL 2. _ 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 100 =Total Cover 50% of total cover: 50 20% of total cover: 20 Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Remarks: (If observed, list morphological adaptations below.) RECEIVED OCT 2 6 Z018 Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = _ t - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 -Prevalence Index is S0.0' Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub -Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 It (1 m) tall. Herb -AII herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 it tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No RECEIVED DCM WILMINGTON, NC AUG .10 M8 ...un US Army Corps of Engineers pV M'.^- - Atlantic anq uun Coastal viam Kegion - version z.0 AUIL oeniNnny run n. Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Locx Texture 0-20 5Y 4l1 Muck Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Remarks Indicators for Problematic Hydric x Histosol (Al) Dark Surface (S9) (LRR S, T. U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _Thin _Barrier Islands 1 cm Muck (S12) _2 crn Muck (A10) (LRR S) _Black Histic (A3) (MLRA 1538, 153D) _Coast Praide Redox (A16) Hydrogen Sulfide (A4) Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) _Stratified Layers (A5) _Loamy Gleyed Matrix (F2) —Reduced Vertic (1718) _Organic Bodies (A6) (LRR, P, T, U) —Depleted Matrix (F3) (outside MLRA 150A, 150B) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) —Piedmont Floodplain Soils (F19) (LRR P, T) _Muck Presence (A8) (LRR U) _Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 1538) —Depleted Below Dark Surface (All) _ Mad (F10) (LRR U) _ Red Parent Material (F21) _Thick Dark Surface (Al2) _ Depleted Ochric (F11) (MLRA 151) —Very Shallow Dark Surface (F22) _Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A In FL, 154) Sandy Mucky Mineral (S1) (LRR O, S) Umbric Surface (F13) (LRR P, T, U) Barrier Islands Low Chrome Matrix (TS7) _Sandy Gleyed Matrix (S4) _ Delta Ochric (F17) (MLRA 151) (MLRA 153S, 153D) _Sandy Redox (S5) _Reduced Vertic (F18) (MLRA 150A, 150B) _Other (Explain in Remarks) _Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 149A) _Dark Surface (S7) (LRR P, S, T. U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149X 153C, 153D) Indicators of hydrophytic vegetation and (LRR S, T, U) —Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 164) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No This data form is revised from Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. RECEIVED OCT 262018 ®CM-MHD CITY RECEIVED DCM WILMINGTON, NC Aub .10 2018 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 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 1D Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolilna County/parish/bomugh: Brunswick City: Holden Beach Center coordinates of site (lat/long in degree decimal format): Lat. 33.9201250 N, Long.-78.2752060 W. Universal Transverse Mercator: 17 S 751900.18 in E 3756643.43 in N Name of nearest waterbody: AIW W Name of nearest Traditional Navigable Water (TN W) into which the aquatic resource flows: AIW W Name of watershed or Hydrologic Unit Code (HUC): 03040207 ® 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): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be "navigable waters ojthe U.S." within Rivers and Harbors Act (BHA) 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 ojthe US." 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): t ❑ 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 ofjurisi ictional 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: —67 linear feet: —3 width (ft) and/or--0.004 acres. Wetlands: 14.2 acres. c. Limits (boundaries) of jurisdiction based on:1987 Delineation Manual pCM-MH D CITY Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):3 ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: RECEIVED DCM WILMINGTON, NC 'Aw, 10 M8 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 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 "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Sect ion III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.I ; otherwise, see Section HLB below. 1. TNW Identify TNW: Atlantic Intracoastal Waterway. Summarize rationale supporting determination: Created for shipping commerce. 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": Wetlands arc marshes abutting the waterway and small drains which are less that 2000' from waterway. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (►F ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial now, skip to Section IILD.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbodys is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IILB.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section II1.B.3 for all wetlands adjacent to that tributary, both onsite and offske. The determination whether a significant nexus exists is determined in Section IILC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: acres Average annual rainfall: inches Average annual snowfall: inches (if) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWs: . RECEIVED RECEIVED DCM WILMINGTON, NC OCT 26 2018 DCM-MHD CITY Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. s 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. Tributary stream order, if known: (b) General Tributary Characteristics (check all that amiv)� 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: Pick 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 run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Plow: 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 ❑ OHWM6 (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 Cl ❑ 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 CWA 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 lincs/changesin vegetation types. ❑ tidal gauges ❑ other (list): (III) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: °A natural or man-made discontinuity in the OFIWM does not necessarily sever jurisdiction (e.g, where the stream temporarily (lows underground, or where the OH WM has been removed by development or agricultural practices). Where there is a break in the OH WM 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. RECEIVED 'Ibid. RECEIVED DCM WILMINGTON, NC OCT 2 6 2018 �1O .10 2018 (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: typical riverine ecosystem, relatively undisturbed. ❑ 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 TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain:. Wetland quality. Explain:. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Wetland surface water releases at higher rain events. Wetlands flow into the culvert and then into the tributary. Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adiaceney Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berrn/banier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) 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: (Ili) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain:Forested/ 100%cover. ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. RECEIVED RECEIVED OCT 2 6 2018 DCM WILMINGTON, NC DCM-MHD CITY "° - f) For each wetland, specify the following: Directly abuts? (YIN) Size (in acres) Directly abuts? (YIN) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWL Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet width (fl), Or, acres. ® Wetlands adjacent to TNWs: —14.2 acres. 2. RPWs that Bow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Indicated as perennial RPW on topographic map. ❑ Tributaries of TNW where tributaries have continuous flow "seasonally' (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: RECEIVED RECEIVED DCM WILMINGTON, NC O I n OCT 2 6 2018 nrM_hAun MTV Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss 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 III.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 IILB 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 forjurisdictional 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 are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters? As a general rule, the impoundment of ajurisdictional 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-STATEI WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. RECEIVED ❑ 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. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: OCT r 6 'n DCM-Mh: CITY "See Footnote It 3. To complete the analysis refer to the key in Section III. D.6 of the Instructional Guidebook. u Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandtmt Regarding CIPA Act JarWicdon Following Rapanos. RECEIVED DCM WILMINGTON, NC 'At,u 3 0 -018 Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (Le., rivers, streams): linear feet, width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ® Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:500, GIS Brunswick County Mosaic. ® USDA Natural Resources Conservation Service Soil Survey. Citation: GIS soils data. ❑ National wetlands inventory map(s). Cite name: ❑ State/l-ocal wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ® Aerial (Name & Date):1998 NAPP Aerial; 2016 NC One Map. or ❑ Other (Name & Date): . ® Previous determination(s). File no. and date of response Ietter:File has been purged and 1 don't have the information. ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): . RECEII/Ep B. ADDITIONAL COMMENTS TO SUPPORT JD: OCT 2 6 2018 DCA444HD CITY RECEIVED DCM WILMINGTON, NC Ak,o 10 2018 U.S. ARMY CORPS OF ENGINEERS ' WILMINGTON DISTRICT Action Id. SAW-2106-32548-010 ----_�_ County: Brunswick U,S.G.S.Quad: Holden Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Sweetwater Investments LLC Address: 20 Thomasboro Road Calabash, NC 28467 Telephone No.: Property description: Size (acres) I.18 and 32.97 Nearest Town Holden Beach Nearest Waterway Atlantic Intracoastal Waterway River Basin Lumber USGS HUC 03040207 Coordinates N 33.9228 W 78.2742 Location description The two adlacent Parcels are located alone_ the southside of Holden Beach Road SW at the end of Kanov Street SW in wetlands adlacent to the Atlantic Intracoastal Waterway, north of Holden Beach North Carolina. Indicate Which of the Following Aooly: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination 2i There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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. X There are waters of the U.S. including wetlands on the above described property 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. 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. X The waters of the U.S, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 6/6/2006. 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 i J.S., to include wetlands, present on the above described 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. RECEIVED RECEIVED Page I oft OCT 2 6 2018 DCM WILMINGTON, NC DCM-MHD CITY Hula 10 M8 ActionED: SAat'�ilDlo- 8255Cg Otv X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395-3900 to determine their requirements. ment of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Jennifer Frye at Q10-251-4923. • C. Basis For Determination D. Remarks E. 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 South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 crier for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for h .peal 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 81612006. **It is not necessary to submit as RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Date 06/ 006 Expiration Date 06 0/ 6/2011 Copy fiunished: Phil Norris, Norris, Kuske & Tunstali, 902 Market Street, Wilmington, NC 28401 LMG, Inc., PO Box 2522, Wilmington, NC 28402 Noelle Lutheran, DENR DWQ WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405 RECEIVED RECEIVED OCT 2 6 2018 DCM WILMINGTON, NC Page 2of2 - DCM-MHD CITY 00 3 0 2018 ROY COOPER NORTH CARouNA Governor Environmental Quality MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JP Interim Director October 22, 2018 Brunswick County Attn: Ms. Ann B. Hardy, County Manager 20 Referendum Drive Bolivia, NC 28422 Subject: State Stormwater Management Permit No. SW8 180804 Brunswick Waterway Park Low Density Project Brunswick County Dear Ms. Hardy The Wilmington Regional Office received a complete, State Stormwater Management Permit Application for the subject project on October 16, 2018. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 effective January 1, 2017. We are forwarding Permit No. SW8 180804 dated October 22, 2108, for the construction, operation and maintenance of the stormwater control measures (SCMs), built -upon areas, as well as the stormwater collection system and/or vegetated conveyance system associated with the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. Please pay special attention to the permit conditions regarding the limitation of built -upon area, modification of the project, the operation and maintenance of the vegetated conveyance system, and the procedures for changing ownership of and/or transferring the permit. Please also pay attention to the permit conditions that requires the recordation of deed restrictions and protective covenants, easements, and the maintenance agreement, which must all be provided along with certification upon completion of the project. Failure to comply with these requirements will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. RECEIVED 14QOCT 2 6 202 North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land ResourcesDCM-MHD CITY Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 State Stormwater Permit No. SW8 180804 Page 2 of 2 If you have any questions, or need additional information concerning this matter, please contact Kelly Johnson in the Wilmington Regional Office, at (910) 796-7215. Sincerely, F Will�oby) Vinson, Jr., PE, CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources enclosures: Attachment A - Certification Forms Attachment B - Built Upon Area Allocations GDS/kpj: \\\Stormwater\Permits & Projects\2018\180804 LD\2018 10 permit 180804 cc: Mr. Donald Covil, PE, McGill Associates, PA 712 Village Road, Suite 103, Shallotte, NC 28470 Brunswick County Engineering Division of Coastal Management Wilmington Regional Office Stormwater File RECEIVED OCT 2 6 2018 CCM-MHD CITY State Stormwater Management Permit No. SW8 180804 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY. MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Brunswick County Brunswick Waterway Park 20 Referendum Drive, Bolivia, Brunswick County FOR THE construction, operation and maintenance of a 12% low density project discharging to Class SA-HQW in compliance with the provisions of Title 15A NCAC 2H .1000 effective January 1, 2017 (the "stormwater rules") and the approved stormwater management plans, application, supplement(s), specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the management of stormwater described in the approved plans and specifications. The overall percent of built -upon area (BUA) permitted for the project must not exceed 12% per the requirements of the stormwater rules. This permit covers the construction of a total of 173,595 square feet of BUA. This includes 10,922sf of allocation for a playground to be designed and constructed in the future, and no other future impervious area. This data is Summarized in Attachment B. 2. Where a project or lot is located within CAMA's Area of Environmental Concern (AEC), the Division of Coastal Management (DCM) may calculate a different maximum built -upon area based on CAMA regulations. The more restrictive BUA limit of DCM or DEMLR will apply to the project. 3. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters, measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline in accordance with the stormwater rules and the approved plans and specifications. All stormwater runoff, including roof drains, shall be released as dispersed flow no closer than at the edge of the vegetated setback. At no time shall stormwater runoff be piped into or through the setback. RECEIVED OCT 2 6 2018 DCM-MHD CITY Page 1 of 4 State Stormwater Management Permit No. SW8 180804 This project has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event as defined in the stormwater rules and approved by the Division. No piping shall be allowed except those minimum amounts necessary to direct stormwater runoff beneath a BUA such as a road or driveway when it cannot be avoided. 6. The peak flow from the 10-year storm event shall not cause erosion downslope of the stormwater outlet discharge point. II. SCHEDULE OF COMPLIANCE 1 . The project shall be constructed, operated and maintained in accordance with the conditions of this permit and the approved plans and specifications. 2. Vegetated areas and vegetated conveyances shall be entirely constructed, vegetated, and operational prior to the construction of any development, per the approved plans and specifications. 3. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. 4. All vegetated conveyance systems, stormwater collection systems, and/or maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. 5. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed Operation and Maintenance Agreement titled Swale System Maintenance Requirements, a part of the Low Density Supplement, to assure that the permitted and vegetated conveyance system functions at the approved design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. 6. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. 7. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 8. The final Plats for the Project must be recorded with the Office of the Reqister of Deeds. The recorded plat must reference the Operation and Maintenance Agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. 9. The permittee is responsible for verifying that the proposed built -upon area for the entire project does not exceed the maximum allowed by this permit. RECEIVED OCT 2 6 2018 DCM-MHD CITY Page 2 of 4 State Stormwater Management Permit No. SW8 180804 10. Upon completion of the project, the permittee shall determine whether or not the project is in compliance with the permitted plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the permitted plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants, and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the permitted plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 11. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below: a. Any modification to the approved plans and specifications, regardless of size including the stormwater control measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading or resizing of any component of the approved stormwater control measure, stormwater collection system and/or vegetative conveyance system shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement for BUA credit that was not included in the approved plans and specifications. g. The construction of any #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. 13. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. 111. GENERAL CONDITIONS 1. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 2. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken that cause a water quality violation or undertaken prior to receipt of the necessary�Y iRsror approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. OCT 2 6 2018 DCM-MHD CITY Page 3 of 4 State Stormwater Management Permit No. SW8 180804 3. In the event that the project fails to meet the requirements of a low density project, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of an additional or replacement vegetated conveyance system and/or stormwater control measures. These additional or replacement measures shall receive a permit from the Division prior to construction. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed State Stormwater Request Form for Permit Transfer or Permit Information Update, accompanied by the supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. Any ownership change including: i. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; ii. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07; b. Bankruptcy; c. Foreclosure, subject to the requirements of Session Law 2013-121; d. A name change of the current permittee; e. A name change of the project; f. A mailing address change of the permittee; 5. The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 6. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any permit conditions. 8. Approved plans, application documents, supplements, calculations, operation and maintenance agreement, and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, application, supplements, operation and maintenance agreement, and approved plans and specifications shall be maintained on file by the permittee. 9. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. Permit issued this the 22ntl day of October 2018. NORT CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION x, illia . (Toby) inson, Jr., PE, CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 180804 RECEIVED OCT 2 6 2018 Page 4 of 4 OCM-M H D CITY State Stormwater Management Permit No. SW8 180804 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification General MDC • As -Built Designer's Certification for Low Density Projects A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section orphase of the project. RECE" lb. Page 1 of 1 DCM-W State Stormwater Management Permit No. SW8 180804 AS-BL71LT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. BCheck here if this is a partial certification. Section/phase/SCM Check here if this is pail of a Fast Track As -built Package Submittal. Printed ?tame t, , a Notary Public in the State of County of do hereby certify that personally appeared before me this day of 20 and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires Permittee's Certification NCAC .1042(4) C°mpleted Provided N/A A. DEED RESTRICTIONS / BUA RECORDS 1. The deed restrictions and protective covenants have been recorded and j contain the necessary language to ensure that the project is maintained consistent with the stormwater re ulations and with the pit conditions. Y or N 2. A copy of the recorded deed restrictions and protective covenants has been provided to the Division. Y or N 3. Records which track the BUA on each lot are being kept. (See Note 1) Y or N B. MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public ri ht-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff collection / conveyance system are located in recorded drainage easements. y or N 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that have an SCM include the following: y or N 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet storm —water regulations and that the lot owner is subject to enforcement action as set forth in NCGS 143 Article 21 if the SCM is removed relocated or altered without prior approval. Y or N E. OPERATION AND MAINTENANCE AGREEMENT 1. The O&M Agreement is referenced on the final recorded lat. 2. The O&M Agreement is recorded with the Register of Deeds and appears in the chain of title. MN F. OPERATION AND MAINTENANCE PLAN — maintenance records are beingke t in a known set location for each SCM and are available for review. G. DESIGNER'S CERTIFICATION FORM — has been provided to the Division. OLV i- nwUVLaVla iGcuws ❑ldudte Atli approvals, as-DWIt surveys, and county tax records. KEGEIVED Page 1 of 6 OCT 2 6 2018 DCM-MHD CITY State Stormwater Management Per it No. S8 Provide an explanation for every requirement that was not met; and for every "N/A" below. Attach 0804 additional sheets as needed. RECEIVED OCT 2 6 2018 DCM-MHD CITY Page 2 of 6 State Stormwater Management Permit No. SW8 180804 AS -BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that.1 am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS - BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration N SEAL: Consultant's Mailing Address- City/State/ZIP Phone Number Consultant's Email address: (D Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2. ON/E = not evaluated (provide explanation on page 2) ON/A = not applicable to this SCM or project. Consultant's Certification NCAC .1003((3) & General MDC .1050 TAs-built ON/E ®N/A A. TREATMENT RE UMEMENTS 1. The SCM achieves runoff treatment. y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is bypassed. Y or N 4. Runoff from offsite areas and/or existing BUA is directed into Y or N the permitted SCM and is accounted for at the full build -out potential. 5. The project controls runoff through an offsite permitted SCM y or N that meets the requirements of the MDC. 6. The net area of new BUA increase for an existing project has Y or N been accounted for at the appropriate desi n storm level. 7. The SCM(s) meets all the specific minimum design criteria. Y or N B. VEGETATED SETBACKS / BUA I. The width of the vegetated setback has been measured from Y or N the normal pool of impounded waters, the MHW line of tidal of waters or the to of bank of each side of rivers or streams. 2. The vegetated setback is in grass or other y or N vegetation. 3. BUA that meets the requirements of NCGS 143-214.7 (b2)(2) Y or N is located in the setback. 4. BUA that does not meet the requirements of NCGS 143-214.7 Y or N (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) ECEI 5. Stormwater that is not treated in an SCM is released at the Y or N edge of the setback and allowed to flow through the setback as dispersed flow. 1 OCT 216 M .0% Page 3 of 6 DCM-MHD CITY State Stormwater Management Permit No. SW8 180804 OAs-built ON/E ®N/A C. STORMWATER OUTLETS — the outlet handles the peak flow from the 10 year storm with no downslo a erosion. y or N D. VARIATIONS 1. A variation (alternative) from the stormwater rule provisions has been implemented. y or N 2. The variation provides equal or better stormwater control and equal or better protection of surface waters. 1 y or N E. COMPLLINCE WITH OTHER REGULATORY PROGRAMS has been met. Y or F. SIZING -the volume of the SCM takes the runoff from all surfaces into account and is sufficient to handle the required storm depth. Y or N j G. CONTAMINATED SOILS — infiltrating SCM's are not located in or on areas with contaminated soils. Y or N H. SIDE SLOPES 1. Vegetated side slo es are no steeper than 3H:1 V. Y or N 2. Side slopes include retaining walls, gabion walls, or other surfaces that are steeper than 3H:IV. i Y or N 3. Vegetated side slopes are steeper than 3H:1 V (provide supporting documents for soils and vegetation). ( Y or N L EROSION PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2. The outlet does not cause erosion downslope of the discharge point during the peak flow from the 10 year storm. Y or N J. EXCESS FLOWS —An overflow / bypass has been provided. Y or N K. DEWATERING - A method to drawdown standing water has been provided to facilitate maintenance and inspection. Y or N L. CLEANOUT AFTER CONSTRUCTION — the SCM has been cleaned out and converted to its approved design state. Y or N M. MAINTENANCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes Y or N N. DESIGNER QUALIFICATIONS (FAST -TRACK PERMIT) — The designer is licensed under Chapters 89A, 89C, 89E, or 89F of the General Statutes. Y or N Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E", below. Attach additional pages as needed: RECEIVED OCT 2 6 2018 Page 4 of 6 DCM-MHD CITY State Stormwater Management Permit No. SW8 180804 AS -BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS I hereby state that I am a licensed professional and I certify by my signature and seal below that 1 have observed the construction of the low density project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1003 and is consistent with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS - BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. Check here if this is a partial certification. Section or phase? Check here if this is part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the Designer did not observe the construction but is certifying the project. Check here if pictures of the project are provided. Printed Name NC Registration Number SEAL: Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email Address: O Circle N if the as -built value differs from the Plan/Permit. If N is circled, provide an explanation on page 2. ©N/E = not evaluated (nrovide exnlanatinn nn nave 9) �VwA = " t -n r , i- t a,;� i ..i.... Consultant's Certification (MDC .1003) OAs-built ON/E GN/A A. Project Density and Built -Upon Area I. The project has areas of high density based on natural drainage area boundaries, variations in land use or construction phasing. Y or N 2. The project's built -upon area does not exceed the maximum limit I s ectfied in thepermit. y or N B. Dispersed Flow — the project maximizes dispersed flow through ve etated areas and minimizes channelized flow. y or N C. Vegetated -Cone antes I. Stormwater that is not released as dispersed flow is transported b vegetated conveyances. Y or N 2. The project has a minimal amount of non -vegetated conveyances to reduce erosion. y or N 3. Other than minima] piping under driveways and roads, no piping has been added beyond what is shown on the a roved plans. y or N 4. Side slopes are no steeper than 3H:IV. Y or N 5. The conveyance does not erode in response to the peak flow from the 10 ear storm. 1 or N D. Curb outlet systems -the project uses curb & gutter with outlets to sed swales orvegetated areas that meet the followingcriteria: y or N 1. The Swale or vegetated area can carry the peak flow from the 10 . storm at a non -erosive velocity. y or N 2. The longitudinal slope of the swale or vegetated areas does not exceed 5%. 1 Y or N 3. The swale has a trapezoidal cross-section and a minimum bottom width of two feet. i y or N 4. The minimum length of the swale or vegetated area is 100 feet. Y or N 5. Side slopes are no steeper than 3H:IV. Y or N I RECEI 6. The project utilizes treatment swales designed per Section .1061 ; in lieu of the curb outlet system requirements. I y or N of T q ED 2018 Page 5 of 6 DCM-MHD CITY State Stormwater Management Permit No. SW8 180804 I I OO As -built ®N/E ®N/A E Ve etated Setbacks i 1. The width of the vegetated setback is 50'. Y or N 2. The width of the vegetated setback has been measured from the normal pool of impounded waters, the MHW line of tidal waters, j Y or N or the top of bank of each side of rivers or streams. 3. The ve etated setback is maintained in grass or other vegetation. Y or N 4. BUA that meets the requirements of NCGS 143-214.7(b2)(2) is located in the setback. Y or N 5: BUA that does NOT meet the requirements of NCGS 143- 214.7(b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway, or sidewalk) b. Water dependent structures y or N I j c. Minimal footprint uses such as poles, signs, utility j aPpurtenances, and securi li ts. 6. The amount of BUA within the setback is minimized and channelin of the runoff from the BUA has been avoided. Y or N 7. Stormwater is not discharged (via swale or pipe) through a vegetated setback. Stormwater is released at the edge of the setback and allowed to flow through the setback as dispersed y or N flow. F. Outlets — stormwater outlets do not cause erosion downslope of the dischar a point durin the eak flow from the 10 year storm. y or N G. Variations — the project has variations from the MDC that were not reviousl a roved. Modification may be re uir.. 1 or N Ili. Deed restrictions (if required) — are recorded and ensure that the project and the BUA will be maintained in perpetuity consistent with Y or N the rmit a roved plans and specifications. L For Subdivisions Only (Residential or Commercial) 1. The number of platted lots is consistent with the approved plans. Y or N 2. The project area is consistent with the a proved tans. Y or N 3. The layout of the lots and streets is consistent with the approved I lan. y or N 4. The width / radius of streets, paved accesses, cul-de-sacs and sidewalks is consistent with the a roved plan. y or N 5. No piping, other than those minimum amounts needed under a driveway or under a road has been added. Y or N 6. The lot grading, road grading, vegetated conveyances, piping, inverts and elevations are consistent with the a roved y or N Provide an explanation for every MDC that was not met. or for every deviation from the permitted condition below: RECEIVED OCT 2 6 2018 DCM-MHD CITY Page 6 of 6 Attachment B SW8 180804 - Brunswick Waterway Park coastal Wetlands WaterSurface Project Area mpervious, Max M Onsite Buildings Onsite Streets' 2,774 s' Onsite Parking' 82,115 si Onsite Sidewalks' 2,338 sl Other Onsite° (Future Playground) 29,266 si Offsite3 10,922 st Existing Road 1,034 sf t ,= 1 'Gravel areas have been accounted for as impervious. Nature trails have also been accounted for as impervious because they will be constructed from crusher run. 2The existing road was constructed years ago within the 50ft buffer. It will remain unchanged in the permit. 3The offsite bike path to the existing road located outside the project area has been accounted for against the total impervious allowed in this permit. °There will be a playground constructed in the future. The allocation allows for 10,922sf for this amenity. RECEIVED OCT 26 2018 [)ChA-MHD CITY PROPOSED RAMP &DOCK ADDITIONS FOR BRUNSWICK WATERWAY PARK BRUNSWICK COUNTY, NORTH CAROLINA PROJECT LOCATION SURVEYOR TOMPKINS LAND SURVEYING P.A. 1368 RIVER BEND DRIVE SHALLOTTE, NORTH CAROLINA 28470 (910) 579-9505 PtCd101`I&'n►_1: McG ASSOCIATES ENGINEERING -PLANNING -FINANCE 712 VHIAGE ROAD SW, SURE 103 SHALIATI$NC28470 PN.(910)755-58T2 PRLMIICENSEBC-0459 AUGUST 6, 2018 NOT TO SCALE SCHEDULE OF DRAWINGS G-001 .....COVER SHEET G-002 .....GENERAL NOTES & SITE INFORMATION C-101 .....INDEX SHEET C-102 .....PROPOSED PROJECT SITE PLAN C-103 .....PROPOSED PROJECT SITE PLAN C-104 .....PROPOSED PROJECT SITE PLAN C-105 .....PROPOSED RAMP & DOCK ADDITIONS AREA INSET C-106 .....PIER / FLOATING DOCK PLAN VIEW C-107 .....PIER / FLOATING DOCK/ WOODEN WALKWAY PROFILE VIEW C-108 .....WOODEN WALKWAY PROFILE VIEW C-109 .....WEST INDIAN MANATEE SAFETY GUIDELINES RECEIVED C-111 .....WETLANDS EXHIBIT OCT 2 6 2018 C-112 .....WETLANDS EXHIBIT DCM-MHD + C-113 .....WETLANDS EXHIBIT RECEIVED DCM WILWNG'ON. NC C-114 .....WETLANDS CROSS SECTION C-115 .....WETLANDS CROSS SECTION PROJECT INFORMATION BRUNSWICKCOUNTY 35 REFERENDUM DRIVE NE. BOLIVIA, NC 28422-7578 910.253.2670 LEGAL REFERENCE TAX PARCEL: 232GCO01 PIN: 202613031112 DEED BOOK/PAGE: DB 03595, PG 1359 LOCATION: HOLDEN BEACH ROAD, HOLDEN BEACH NC SITE SUMMARY 404 WETLANDS AREA: 353,146 SF = 8.11 AC COASTAL WETLANDS AREA: 34,414 SF = 0.79 AC UPLAND AREA: 1,093,502 SF = 25.10 AC TOTAL SITE AREA: 1,481,062 SF = 34.00 AC DISTURBED AREA: 16.512 AC ZONING CO-MR-3200 EXISTING USE: VACANT PROPOSED USE: PUBLIC PARK FLOOD ZONE FIRM MAP(S): 3720201600J, JUNE 2006 3720202600J, JUNE 2006 ZONE(S): X, SHADED X, AE RIVER BASIN LUMBER RECEIVING STREAM INTRACOASTAL WATERWAY STREAM INDEX NO. 15-25 CLASSIFICATION: SA; HOW DATUM NAVD88, MEAN LOW WATER BENCHMARK POINT#23 NAIL 31.94' (NAVD 88) SETBACKS FRONT: 25 FT REAR: 20 FT SIDE: 10 FT (ONE SIDE) 25 FT (TOTAL) STREET SIDE: 15 FT PARKING DATA REQUIRED: ANTICIPATED PASSIVE PARK USEAGE RATES WILL BE MET WITH ADEQUATE PARKING PER PARKS AND REC DIRECTOR. PROVIDED: 141 STANDARD 7 HANDICAP (HC) 148 TOTAL GENERAL NOTES 1. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR SITE SAFETY ASSOCIATED WITH THE WORK RELATED TO THIS PROJECT AND FOR COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL HEALTH AND SAFETY LAWS, CODES, REGULATIONS, AND ORDINANCES INCLUDING BUT NOT LIMITED TO THOSE CURRENTLY MANDATED BY THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA). 2. THIS PLAN IS NOT INTENDED AS A SUBSTITUTE FOR THE PERSONAL INVESTIGATION, INDEPENDENT INTERPRETATION, AND JUDGEMENT OF THE CONTRACTOR. 3. THE CONTRACTOR SHALL CONTACT THE ENGINEER AND THE TOWN A MINIMUM OF FIVE (5) WORKING DAYS PRIOR TO BEGINNING CONSTRUCTION OF THE WATERLINE. CONNECTION TO THE COUNTY WATERLINE SHALL BE PERFORMED BY THE CONTRACTOR UNDER THE SUPERVISION OF THE COUNTY. 4. SITE SHALL BE SERVED BY AN ON SITE SEPTIC SYSTEM, TO BE USED AS PERMITTED BY BRUNSWICK COUNTY HEALTH DEPARTMENT PERMIT # 2018073071. 5. ALL TIE-INS SHALL BE SCHEDULED AND COORDINATED WITH THE ENGINEER AND LOCAL AUTHORITY AT LEAST 48 HOURS PRIOR TO MAKING THE CONNECTION, 6. THE CONTRACTOR SHALL KEEP THE ENGINEER INFORMED RELATIVE TO THE PROGRESS OF THE CONSTRUCTION. 7. ABSOLUTELY NO WORK SHALL BE PERFORMED ON PRIVATE PROPERTY BEYOND ANY AREA FOR WHICH EASEMENTS EXIST OR ARE TO BE PROVIDED BY THE OWNER FOR THE PURPOSES OF THIS PROJECT. 8. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR PROVIDING THE ENGINEER WITH A SET OF RECORD (AS -BUILT) DRAWINGS. THESE DRAWINGS SHALL AT A MINIMUM SHOW THE FINAL LOCATION OF ALL INSTALLED FACILITIES. 9. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING WITH OVERHEAD UTILITY OWNER WHEN WORKING NEAR POLES AND IS RESPONSIBLE FOR ALL WORK ASSOCIATED WITH BRACING AND SUPPORTING THE POLES DURING CONSTRUCTION. CONTACT BEMC AT (910) 754-4391 FOR COORDINATION WITH OVERHEAD UTILITY ISSUES. 10. PATH ALIGNMENTS MAY VARY FROM PLAN AS NEEDED TO PROTECT TREES OF INTEREST. 11. PAVILLION STRUCTURE WILL HAVE WALL HEATING UNITS; NO PROPOSED HVAC PADS WILL BE INSTALLED. 12. ALL EXTERNAL LIGHTING SHALL BE INTERNALLY ORIENTED AND MEET ALL STANDARDS OUTLINED IN SECTION 6.9 OF THE BRUNSWICK COUNTY UNIFIED DEVELOPMENT ORDINANCE INCLUDING THE DARK SKY LIGHTING REQUIREMENT, FIXTURE HEIGHTS, LOCATION OF LIGHTING, AND ILLUMINATION LEVELS. 13. WASTE RECEPTACLES WILL BE PROVIDED AND MAINTAINED BY BRUNSWICK COUNTY PARKS AND RECREATION. 14. ALL SIGNS SHALL BE PERMITTED SEPARATELY, IN ACCORDANCE WITH ARTICLE 8 OF THE BRUNSWICK COUNTY UNIFIED DEVELOPMENT ORDINANCE. 15. ALL TRAILS, RAMPS, AND OTHER FEATURES SHALL MEET AMERICANS WITH DISABILITIES ACT (ADA) SLOPE REQUIREMENTS. 16. NC HWY 130 POSTED SPEED LIMIT 45 MPH; DESIGN SPEED LIMIT 55 MPH. RvcFjusC OCT 2 6 2C'.B ®CM -WAD CITY 1111 I i!! CARO _ t, RECEIVED AL r _ DCM WILMINGTON, GQ253 0 7i11 i C'+"SINE��� wz • F4zl �QZ UUz og ¢� a� v oz. Qw� w zo z w_ o m�P w w ni� mf>> o few>Z¢ E 0Q2m 1- �U z w S2 S2 Sm' m �mmm z wq 0000OUumm W H N °5 Z cn O_ H~ Oa Z Ix 0 —1 QO WZ zZ w 0 SHEET G-002 G:1Projs sX201A17.07087BC_Bmro ickWMemay ParkW2_Design Phase\Drawings_Data\DrawingPlansets118-0802_17.07087_BWWCAMA SET Ewg WV20183:07 PM TONY MINTZ C) o m n c, m o N m v _ ap n s F F .a n G)< �m 00 z z n k 21'fB1D0 - I I I INTRACOASTAL WATERWAY (n = DATE: AUG. 6, 2018 DESIGNED BY: MAN CADDBY TMM BRUNSWICK WATERWAY PARK G� m INDEX SHEET DESIGN REVIEW � ♦ is BRUNSWICK COUNTY, NORTH CAROLINA m CONST REVIEW_ FILE NAME: 18-080217,07087 ASSOCIATES E N G IN E ERING-PLANNING -FINANCE BWWCAMASETd g 112vsuasmwsw,amesa BewaRa xc2sns Msej asra eal�aescas r\Pmlems\2017\17. 07087 BC Brunswick Waterwav Park102 Design Phase\Drawinas_Data\DrawingPlansets\18.0802 17.07087_ BW W CAMA SETAwg W3/20183:07 PM TONY MINTZ 1 Oil}QpeC / yFi 6 2' LJ l r . woru^w de.p I I L,, n Inill F � x 9 � I a s 1 11 m t.a,l� III 8 z I0— x o X C-, m n o o mFo G. r m m m < z 0 Y O rn P �. �euiw ..� t � ���TTTVVVIII I.... I �"Sz�oo n?n o� °�;' MATCHLINE o j I C-103 G co — someone NONE@ seems GINNIE JOB NO. 17,07087 DESIGN G. REVIEW W @McGM DESIGNED BY: MAN=PROPOSED PROJECT CADDBY:TMM BRUNSWICK WATERWAY PARK m DESIGN REVIEW� m SITE PLAN CGNST REVIEW:_BRUNSWICK COUNTY, NORTH CAROLINAASSOCIATES FILE NAME: 18-080217.07087 E N GIN EER ING• PLANNI NG•PI NANCE BYWJCAMASETAwg 7I3VW GEFOA Sw511llw 9uuUNQKc MOIM7 = emtuaztmf a» Pnwa 2BIM1717M7R0 Rnna &WN av Par W2 Dasmn Pha"XDra =. Dala\Dn imPlensels%184)802_17.07087_BWWCAMA SETA.vg M=0183.07 PM TONV MINTZ — sa• MATCHLINE C-102 �I o�.... ....+ 84— a / t ) w 1 = m O m C R .� � I � II L II 8 0 I; 1 v J �� II "m` n o m I I. v i II MATCHLINE Q C-104 ------- Jae Na.. 1707087 DATE:ADG 6EVI 2018DESIGNS TM MANBRUNSWICK WATERWAY PARKPROPOSED PROJECT CADDBV:TMMDESIGN REVIEW SITE PLAN CONST. REVIEW.p1C FaENAME: BRUNSWICK COUNTY, NORTH CAROLINARMcGffl ASSOCIATES 18-080217.07OB7 ENGINEERI NO- PL A NN ING• FIN AN CE BWWCAMASET.dwg 11]vWAaRROOSWS=IM Re.WAI' KWV KPIO = Pal1ul70Y8 #R 0.75 AC ■ jwznn q Y44`q� 6{@,y55 w. wr, � •rr. ,cMuux� F�I 'Z,i 6 R3198®j®ji r.vn a..e.. mnxm.v �w NxxolUlr(rsiS9lt1[errs•.a[Pn.vEarW U z k$ i 33 � .� wwosrarcasacsrnaaoumra¢xrw 1 UQa� mxomewiwusmrlm..vaaruu I z sx u•wwxavuxlrn � _ a i a 99 _< � __._ � E surxurmewuei.-maruy Z z u'mruiuxmwow.mra� �Vy LL I -- Q - � � uw•uraaes S -- --- .oxw[.vx� --- ,-� _- / _ sa •rxmuaxwmorw --r- ww w......w.e B j z a xenem.a ? , / ! Y 0 u j 1 r ^ I vt+iwx¢w w000ex �I i% • \ �_> V/ co I I wurrw..I3xrnac<I' co I ^ \� 1 G ,�. `xp. \�•� swmax wumrumamv \, % /,I W .N ��/ _ 55 CC r. sw000e xa gg� m I I �.� _ j J ,� r.rvew+xoww swiw morrow x n��EWW r`N �y i? p ('l m 2 oz �OGUOULL�m / R CEIVE D --:._ :. .. I mo✓' vwuua swm.nra..mw CM W -MING ON, NC � \V _ _ `� e7 411 ' U C _ — W �. OZ w7 uxw ewmowwuw.r.wroa a� wruwx mama \��� ��{ CRRp ��/ p d I w w r U) I—L u'wuvwmwmay.vrs O [n muw.wsruxa I .4 SEAL = a RECENV ED 0?5a58 bF° nitc^ 'o� a I oCT 26 100 0 50 1 200 300 Q V_ = [)GM-MHD CITY SHEET I 1 GRAPHIC SCALE I INCH = 100 FEET Cj' 104 �.J NO DATE BVI REVISION DESCRIPTION i,.y `�� ♦aBr, 1 ♦45 I, C3P - #v / ♦32i III +p- 1 v�0 sh I. II�rJI1 .� . A�' • .;/ L20 WETLANDS w..' •: �32404 • 29 1 NOTE: . . .. .« • --_ L206 #vm, ru • ._ ♦3D5 / I > DATUM: MEAN LOW WATER �-C277 c �2• ♦2-,3 —-77'/�` _-- h� �y .\ \ - •.. 75' AEC LINE C/4 \ /" • a � �/ I L27 L28 6 W ♦2.Y9 / COASTAL La WETLANDS 30' 6' PIER APPROXIMATELY 263 LF CAMA LINE 15' RIPARIAN I %W MHW I 15' RIPARIAN CORRIDOR CORRIDOR SETBACK mZ YM9, All YM9, OIASS ml£ YM9, IRAE SEE "PROFILE OF PIER / FLOATING DOCK (SECTION A -A)" ON SHEET C-107 I +o�v +ass S' x 42' RAMP I 15' RIPARIAN CORRIDOR I 16.5' x 16.5' COVERED 12'-4" x 5' KAYAK LAUNCH AREA GAZEBO _ + � a + am 15' RIPARIAN I +ten I CORRIDOR SETBACK NAVIGATION CHANNEL SETBACK '-' q„ � GRAPHIC SCALE L APPROXIMATE LOCATION OF 114 WATER BODY WIDTH — — Ea EDGE OF NAVIGATION CHANNEL 1 INCH = 40 FEET —_— —_— NAVIGATION CHANNEL — — — — — — - DCM WRECEIVED !LPd!NGTON, NC RECEIVED �4C x0 FLOATIIG DVI.KI OCT 2 6 Z018 \�iiiSilil)� DCM-MHD CITY11\ ��F�35/ ^ % v ¢ SEAL r ---- - J4 _ �lhtilllii>> SHEET C-105 e U� HzJ i VU6 � (r� a �I a L22 30'CAMA GS +6554 ` < V)0 BUFFER 6.80 N �'� e �2r GS _ +6.90 S L9 ...» �� +5.43 z s GS 43 5 ---_-_ --_/ z N L 20 L19 ------- i Q Q Z J 6' PIER APPROXIMATELY 263 LF d O -- 0_ GS U + 3.51 GS NOTE: +4.03 DATUM: MEAN LOW WATER W 0 Z Q F EDGE MARSH GRASS ED E MARSH GRASS Z 71 EDGE MARSH GRASS Z) Y 0 U Y U Z z RECEIVED W m G GS m G-FB 53 +0.55 +0.51 10'-6"x6' OCT 26 2018 PLATFORM DCM-MHDCITY awww a azmz a IwU—'p—U 0-91 o H N O N Q a W a W �m 16.5E x 16.5E COVERED S' x42' RAMP RECEIVED GAZEBO 12'-4" x S' KAYAK LAUNCH AREA DCM WILMINGTON, NC GS +-0.29 -= GS GS 16'KAYAK SLIP (TYP.) — +- 27 +-0.20 GS - Y U 0 0 10 20 40 60 +-0.21 0 C'J 48' x 8' FLOATING DOCK \\111 11((�l Z w z GRAPHIC SCALE 1 INCH = 20 FEET Q -0.94 -0 9 \���� �7i�i ssi ti - g LL GS ti9 9r'= a +-1. G SLIP4 s - '0.RF SEAL NAVIGATION CHANNEL SETBACK g - %my— �+ 1.12 -1.17 '. 025856 = W_ - ----- --- — -- +GS — ---- �F a -1.66 GS Gs +-1.68 +-1.71 12.1" GUIDE PILE (TYP.) f�N� �i + 1.66 SUP1 SLIP2 SLIP3 iyq�C.^••�NpF \ /7t(I(I111\\\\� SHEET APPROX. LOCATION OF 1/4 WATER BODY WIDTH 1 1 wwla 1 MAN REVISIONS PER DCM 821118 COMMENTS. C-106 NO. I DATE I BY I REVISION DESCRIPTION i 0 a 0 m i �1111'lllllllllumm�„..... I:111111'lllllllllllllilllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll �I��I��I�I�l�I��IS Wa� • FZI 25 w �dzg _ I••I z v� Uzi z ` pa F�i ' 10 UJ NOTE: w z J SECTION A -A DATUM: MEAN LOW WATER z a z L9z z z w� Y PROFILE OF PIER / FLOATING DOCK (SECTION A -A) 4 SCALE: 1" = 20' d -1 a 3 w w 0 W ° z a �z Y '° z U Y U H a RECEIVE® co z � m OCT 2 6 2018 m - - orm-11AHD CITY PROFILE OF PIER/ FLOATING DOCK (SECTION A -A) " SCALE: 1"=20' ;o�www< a'imm" I' z .w6.0 9rzi�zmj m �momzw RECEIVED oawawod$ DCM WILMINGTON, NC m m o m o w m 25 0 c? _I,h _ 404 WETLANDS LINE I I COASTAL WETLA DS LINE 3'xB' VIEWING EA 0TTOM OF DECKI G 3' MIN. ABO SUBSTRATE U Y 20 HANDICAP A CESSIBLE RAMP H U Q AX. 1:12 SLOPE I I 15 LU o � 10 N �X\Gluuu/ z a > w .� i ��W �`\ �Z �% p z U. O U •�OF SS(�9.y = LLao H _ 1 SEAL ° a — 5 1; 025856 LU 3 0+00 0+40 0+80 1+20 1+60 2+00 'N°��`` i2��(LIEL Aj1 PROFILE OF WOODEN WALKWAY (SECTION B-B) SHEET NOTE: SCALE: 1"=20' 82318 MAN REVISIONS PER DCM S21/18 COMMENTS SECTION B-B DATUM: MEAN LOW WATER NO. DATE BV REWSIONDESCRIPTION C 107 11111111111111111111111111I111'1111111111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'Illlllllllllllfllllllll� '"•"• � ' • . • 'nI��I!�����I���!�M���I���I���_I�II�I�I�I�11�1��1'�I►�i_►_I►�hI♦� I I ^Wzg a FZI 0 5'x12' BENCH RE T AREA F- H z BOTIOM OF DECKING ' MIN. ABOVE SUBSTRATE S U z E W � UOa Liu T _ ~ �a 1n w tnzs z J Q� w� 2 z4 V. 2+40 2+80 3+20 3+60 4+00 4+40 4+80 W a Q z PROFILE OF WOODEN WALKWAY (SECTION B-B) I (L SCALE: 1" = 20' Q U W O z LU z W z co Y O V i ii U W z Z m 822fww ny o cmf» 0 �w> , p Q 2 m 2 f U SCALE: 1"=20' zw.oasmzs m f NON 2 W �OOU CULLmm NOTE: SECTION B-B DATUM: MEAN LOW WATER SECTION C-C DATUM: NAVD 88 RECEI Jr ULCKINIS 3' MIT OCT 26 `;.8 \\�Illuur w DCM-M 17EDCITZ u- umffmumTm DCM WILMINGTON, NC L uj 00 SEA — O o 3 4 SHEET PROFILE OF WOODEN WALKWAY (SECTION C-C) �- O V SCALE: 1" = 20' NO DATE BY REVISION DESCRIPTION 8'x1 WOOD BENCH S NG PLATFORM BOTTOM OF DECKING 3' IN. ABOVE SUBSTRATE 'xS' VIEWING 404 WETLANDS LINE COAS AL WETLANDS LINE 2 5 WETLANDS HANDICAP ACCESSIBLE MAX RAMP 1:12 SLOPE 25 20 I 404 WETLANDS LINE 20 L TOP OF DECKING ®7.42' I I 10 ------------- ----- 10 O —5 I APPROXIMATE EXI SEDIMENT TING ADE 0 — 5 0+00 0+40 0+80 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water —related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service ' (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. Y Q Z z a J 0 Q U F W F— 0 z Q ?� H z Y U 0 RECEIVED OCT 2 6 2018 CO Z D rn z it DCM-MHD CITY m Co 9iiti Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re—evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. United States Department of the Interior M IWEST INDIAN MANATEE SAFETY GUIDELINES 91 NOT TO SCALE FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 RECEIVED DCM WILMINGTON, INC Dui; � 0 i0'n w w u, ¢z aLu J 20 O_ Z (D 0 r Z F W U)ILL w< SHEET DATE C-109 APPROXIMATE WATERWARD EDGE OF MARSH NAVIGATION CHANNEL SETBACK APPROXIMATE LOCATION OF 1/4 WATER BODY WIDTH EDGE OF NAVIGATION CHANNEL WATER BODY WIDTH APPROX. 400' NAVIGATION CHANNEL C/L ------------- EDGE OF NAVIGATION CHANNEL — — r — _ _ _ _ NAVIGATION CHANNEL SETBACK APPROXIMATE WATERWARD EDGE OF MARSH WATER BODY WIDTH SCALE: 1" = 50' RECEIVED OCT 26 2018 DCM-MHD CITY CA r• cAt i RECEIVED a a S_AL < i DCM WILMINGTON, NC : G352 5 SHEET C-110 G:1Proje I2017\R.07087 BC Brunswick Waterway Park102_Design Phase0rawings_Data0mwingPlansets12010.08.02_17. 0787 BM WETLANDS Awg 877/201812'. 55 PM TONY MINTZ "EIP C] A D v x n n a r m EIR N n x 0 [mif � rn + r + L299 r + r r + + r N 10 r + r r + r + + r r + r + r 0 r o �f r r r r r + Oco N (n x95 m mm c ar m.> r + + ; -IZ0 2 Z T D O n00+ co 'p?cn r m1nr� r r + to P 7 ♦ \ r r r � 9 2 O + r m PP O CIA mm$ N z N o CO to x m (P O O ^X/ X f iT O CIA O O II co `cam o ':,'S i C'�'p 41 _c f' �n Zm T "*"* "I m 0o 0 �� 111111��� ` O JOB N0.'. .07087 Mc GiflDATE ADG. 12010 (n DESIGNED BY: MAN CADD BY'. TMM gRUNSWICK WATERWAY PARK m WETLANDS EXHIBIT CDESIGNONST. REVIEW_ FILENAMEVIEw:_ BRUNSWICK COUNTY, NORTH CAROLINA A S S O C I A T E S FILE NAME: 2018.0WETLANDS ENGINEERING Ncmm ING0FINANCE BWW WETLAN DS dwg lu vuuce eow sw,surre tm sxeuuna xC vam ex. (9101sxs811 euw ucm+sescasu m + rz J Z O 5p m U) r + r �O v D r r r `304 C CD y r r r r m m D 00� N r . . . m r r w 0 (D r r + + + G:1Praiatls1201A17.07087 BC_Bwnmw Waterway PerW2_Design Phase\Drawings_DotalDrawingPlansets12018.08.02_17.0787 BWW WETLANDS tlwg 81712018 12:55 PM TONY MINTZ < �39 a . a o ]3� s° co Zpp ry mw A V L142 414 3 a r CW4658 434 CWL657 433 6 lp61i CWL656. + 432 r O N 1A� O f*w rn \ rn N As CWL654 430 r m C 3 { Z N1 pp�DA is <T3 + ZZm noo+ mtnmr 03 Cb CWL652 ( ° 428. .� 12'CMF CD to N �. <8 O N O � C 651 A 5 h( r r G � v m c7 1 U N mITIM 9m CO t—ffl }- a O OA �n - ( Pz0 1 m Orc l A Q1 I7 z C 0 _m 2`�Iv rn o� 1 or In (. 3 < rn oF, ..G ]]]]rrIiII O b" —4 zz x II 0 u Y s L281 . + . DATE: AUG. e, 2018 /� cri DESIGNED BY: MAN\V/1■ ■■V—= CARD BY: TMM gRUNSWICK WATERWAY PARK —� m WETLANDS EXHIBIT DESIGN REVIEW._ BRUNSWICK COUNTY, NORTH CAROLINA m CONST. REVIEw:_ ASSOCIATES ^� FILE NAME: 2018.08,02_17,0787 ENGINEERING• PL ANN ING•PIN AN CE BNWVWETLAND$Ewg 712ValAa ]UMM,&WHIM $IUNATI WMM MPIUl7f = FflMll�l.98YCgA G]Projeals@OlT1707p 7 BC_Bmnswia Waterway Pa* 02_Desgn Pllase\Drawings_ Data0rawiNPlansets\2018 08.02_17 0787 BWW WETLANDS rn g 8171201812 55 PM TONY MINTZ f{ y 2 n 0' m z m 0 00 0� o a o 0 0 0 Ppco �zo co qz C C ( o w) rn -n L269 L268 L27 mM50 z z m m00+ w"r— � 9 AC 6� cT L266 9 L�6 N t N L�66 0 CWL642 m N1 407 ouA �C ' 8 1� ch ( ? m �1 J III Co n o D n O a <m R 00 J c 1 . CD CD (Z7 CD C. m 0 m CAP �C m0 c)M toJ n O 5> mpm �o 0 --I z o -1 -1 z 0 mtn� "00 m 0ca cn c am$ C 1 r z (n 0- IMTI mco m Z00\ - f 1 1 2' OR 3 n (h rn zm 0 G < c po L185 m z 1 z 0) PARCEL ZONING USE: PARCEL #: ZONING: USE: CWL626 <r96 C fi628 0t` 4 !, L�36 < w \ L3 p NI'Jy . [J1 _I N _ Z \\\I1111 i� a cw WL624 L' 42 343 A 2 i o _. 42 6 1 JOB N0. 17 07087 DATP. AUG. 6, 2018cn DESIGNED BY. MANCADD BY: TMM BRUNSWICK WATERWAY PARK m WETLANDS EXHIBIT DESIGN REVIEW _ m wxsT. REVIEW _ BRUNSWICK COUNTY, NORTH CAROLINA@McGifl A S S O C I A T E S c FILE NAME: FILE NAME ENGINEERING-PLANNING-FINANCE BWW WETLANDS. dwg 1I2sIApEROA SW,SUMIM sN.w.arre NCuno FN.ry�01135kR FI0.Mt1(915arC41fl a �U� FWz z F�� UUZI 0 yv za w� w� z z z w Y 28 28 16 16 a Q z a -1 O � a Q U 0_ f— ? 3Z Y ° UY Z j 0_ m 00 L\ BRsww oa oro> �z m» 1..3 w>��wo� pazm z��dm 2 W _'o O U_' w z m F w O w Z W m S �CGUOU�LLRm —0+40 0+00 0+80 —0+40 0+00 0+80 - Uo 0 CROSS SECTION_ A -A CROSS SECTION B-B ° U) SCALE: 1" = 30' H SCALE: 1" = 30' H y ICAI rl ��' Un O T. �����t NY7� " z v Qw RECEIVED RECEIVED _fro A- �? _ F DCM WILMINGTON, NC-- i G25353 r w ',�° OCT 2 6 2018 AUG 2 0 H11b � » I N••.r���� i��9FjIA1N'J\�� DCM-MHD CITY SHEET C-114 NO. OA7E BV REVISION DESCRIPTION EDGE OF PAVEMENT (TYP.) 24 24 PROPOSED 20'GRAVEL ROADWAY AREA OF WETLANDS DISTURBANCE PROPOSED GRADE LIMIT OF LIMIT OF WETLAND WETLAND DISTURBANCE DISTURBANCE r � 20 ' I � 20 AREA OF WETLANDS I PROPOSED TRIPLE � 36" RCP DISTURBANCE EXISTING GRADE 16 16 EDGE OF PAVEMENT (TYP.) 12 12 PROPOSED 20' GRAVEL ROADWAY AREA OF WETLANDS � DISTURBANCE PROPOSED GRADE LIMITS OF WETLAND 8 DISTURBANCE I 8 LIMBS OF AREA OF WETLANDS r !_ , WETLAND DISTURBANCE � DISTURBANCE EXISTING \ PROPOSED TRIPLE GRADE 24' RCP 4 4 12 , z PROPOSED GRADE PROPOSED 20'GRAVEL ROADWAY i EDGE OF —. .. _. PAVEMENT (IYP.) ---.— --- AREA OF WETLANDS AREA OF WETLANDS DISTURBANCE DISTURBANCE 8 $ �! LIMIT OF WETLAND LIMITS OF DISTURBANCE WETLAND DISTURBANCE EXISTING GRADE PROPOSED DOUBLE 15" RCP 4' 4 ;�j WeI 0 E"�@ ��Zff �zff Uzi U)ZI rA rnz zg a awd wj z Gjz w� 16 16 Y Q a z a Q U 3= �0 ~? �z O U_Y N Z Z z m m p ww 1z oazmz� z 1yY� c7ca z'd m FonQVI z,_m �GOUOUuRi —0+40 0+00 0+80 co co CROSS SECTION C-C CROSS SECTION D-D O 0z SCALE: 1" = 40' H SCALE: 1" = 40' H \�,,, N, ICAR-, U) O 1"=4'V �� ( < H 1 =4'V +'j Z O Lu RECEIVED ¢ Q U) DCMWIL -' <� RECEIVED MINGTON. me = 02585-0 r _ w Ali,. 24 rib C "�'�$iNE:f%02� OCT 2 6 2018 i���r 11 A, N DCM-MHD CITY SHEET NO. DATE BY REVISION DESCRIPTION C 115 16 16 12 ' 12 EDGE OF AREA OF WETLANDS PAVEMENT (TYP.) DISTURBANCE I 8 PROPOSED 20'GRAVEL ROADWAY 8 LIMITS OF r PROPOSED GRADE WETLAND PROPOSED DISTURBANCE SINGLE 12' RCP EXISTING � GRADE 4' 4 —0+40 0+00 0+80 B -450 .co �uN 12oab rt^� F 5 REC€IVED OCT 2 6 2018 DCM-MHD CITY ®im!9'P 1 �I1 I w3 CPf a(3 Nai Fp n3A.t aV ?M({r ppt@ M1h- :°--[i`:cr :s�s.u�- m�[a ra•�cwRms o aaRiM` w3 wR IRlle3 AiW[0. RXi'ISN4YO ��Inu(I�Md WR i', rJ RI7E� V{"It Ru5 AYalwf ]•SN vf,lD K4 Bo �„aeL�D Ow�K V�.iK. 6 cNn r..'MBYb a s..w(Ip.t omMvp ennAu rprt wrt A._°X� Sew- 3ySY8 orb A\X\ v-1:KRBB. x \ ! /A Hl1iLR � \ y / ?r\ \ a w n V 40E,r u 4 `\\\%��n�n'r>!'/Y \ rP, Kiu� µ.YY•'�S`; /`�M {may b, �[��,,/, L' Cj NApro�.]'a�ieee»r �y Le.�muii.' i eni[e' Bwn¢t ana`ee e•a 'ap Xa:.se.m] v un]w[: n aaisT" I oavoE mr3]me• cm.mae{ µwO+uB[--+BreSl nN ' PO a {111] Rp ,iWOAY--Pf'iSe»' PIT •Q swar s•, i -, eYl O M IXLRS.RB WL" asrRron Aw'Rv] ap:im aY , s Y.R .n¢ canr,Lrt: RECEIVED WILMINGTON, —r Mu M!•YKO ]All, rA rr( VAm I .Sm WV. IXW :i "oG ¢rt.Yp .YS mti. KRaM .V[.B li iv .. -NV£.Rw*rn U OOR'R�M[RS MAiD XOR[q'1 i•Y \1 �• �l 'N v.IRi u... •RN>B •^. V fH rrC Y.nd var a +M .1 TL SLR'.[R- Kr M�bX iR=N! B jpip�:Ip (C.Lrq: s O ERSTMv:e[ CRB O rySTXO M RFHM y5 O (uSAC p'N 3'M( [: G c]xCR[R y0yV0lT R+OMY4. R/R O RROM OYx[ R/ROIz OCT :pM-6-v{r VYwKYT ' MRCSRL: 6 RRLI 1.9 ARe[M[.L IX x+ � A]•RC [M • fitR-.:MM[ V Ki✓ues• :.Ri AfvE: KnA.B B[:w[.w,. er EAro nAnApM,:i cq RL., s Knu'e lcW!-9. r@ SWEETWATER, LLC Ldlnti RCOSIRY BIRROMCR LpMM1. XN.' [ uq [['Smr: Ruv3La: [vCEX:E � WITHERS RAVEN BRUNSWICK SURV m> sanAn Xw[ w n ' R.'qn... YNr+ cARnwA 1e»] T. N7WR PPSRAVFVEE uw ELC WWAv. W iMERCd Cn'r. XC 1]51i»M u Y o»vae � fOr,.O:I .CCVpJO l0.tr 2J1 BBM.. COV:ir BYVnSM R[ )r] VAR. ..I- CARANa lA XO: B�-- U10 OHW-W0Q tq' t Iif SUDDIV Tidy HIl 1 Holden Beach W BEACH DR Suburb SD 211 s III I t 3aintJames Plantation - Gauntlet,Go Y J3W E )'AEHT I)R Long Beach Ocean Crest L:IWETLANDS12017 WETLANDS FILESV40-17-388 --- Holden Beach Park, Michael Norton\maps SCALE 1" = 1 mile 'Boundaries are approximate and are not meant to be absolute. (when printed at 11"x17") Map Source: 2012 NC Atlas & Gazetteer Holden Beach Park LMG RECE!VED Brunswick County, NC E:"°"„ o`";",G R",°`" DCM ILMINGTON, NC Figure 1 www.lmgrouo.net A t) l�i� Vicinity Map January 2018 3805 Wrightsville Avenue LMG it 40-17-388 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 10 aHW-WCO IN Ike w, (33A1303H .a B 1ad rA ■ ■ mot!*' ■ t I ■ �''� * ■ t a ■■ 'R I _ 9 * SITE • ■ itsr f r 11t ■ UA fC7 i 40 Sol * • _� 5 ■ 5 +F • r gib®a® + 1 i • • '�' ` �� ■t i1r • it * * �t ;t R r1 �y lr �. ' ��•iI 1 IL * * * Al IL Well IL ti *•. ,y1 _ 46 4V, a JAM r���ra — - ,•,---ram.^, J r• � R W.r� ..q �w Y �Y'r•- � raw � air r. w,Y,� yI �]�l,•[�fw''�j` "" � ""� � ' .. jai: ':,+.h:?-�;1"�'•'.:"""{'"1'�r-� ■■ F*� •■■'"'tia. *rM► '■s• ■ ~- ;. X. a :',�, ;•'`J'.?• ". 5 u, ;,..'• �■ ■ >a ■—�_—___ F A, ,�r�jJ1Essh', iERE, Del-orme, Mapinjndia,© OpenStreetMap, contributors RECEIVED DCivl WILMINGTOIN, NC L:IWETLANDS52017 WETLANDS FILES140-17-388--- SCALE �v = 5�0' Holden Beach Park, Michael NononVtnaps -„ I' it i `Boundaries are approximate and are not meant to be absolute. ,i (when printed at 11"x17") Map Source; USGS Brunswick County GIS Mosaic Holden Beach Park LMG LkKBrunswick County NC F—O-1.1MAKAF 0.1.11011 r".,,,om.,,•mco",mROU Figure 2 www.Improup.net Topographic Map January 2018 3805 Wrightsville Avenue LMG # 40-17-388 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 A110 OHW'WO® I 1 A Legend Elevation ValueLs11. Flrrir. U,- uilw' e9a ny i � ni t i nP'.',I �.iLI,11, , 5 Elul, it,'i High : 41 RECEWED DCfvl WILMfNG ON, NC Low: -2 AiJG 3 0 701R L:\WETLANDS\2017 WETLANDS FILES\40-17-388 --- Holden Beach Park, Michael Nonon\maps SCALE 1 300' `Boundaries are approximate and are not meant to be absolute. Map Source: NCDOT UDAR (when printed at 11"x17") data Holden Beach Park LMG Brunswick County NC IANN MANAGEMENTCki o m..,o cf—i,11 „„ Figure 3 www.imeroup.net LIDAR map January 2018 3805 Wrightsville Avenue LMG # 40-17-388 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 AilO C]HVu- V 40 •� hr ` h � •�; ma's y W N1 %(ALL, � �i�� �► V. i � ^AILI _a e 0 c Legend CA: Carteret loamy fine sand DO: Donovan muck Lo: Leon fine sand NhE: Newhan fine sand, dredged, 2-30% slopes W: Water WaB: Wando fine sand, 0-6% slopes LAWETLANDS12017 WETLANDS FILES\40-17-388-- Holden Beach Park, Michael NortonVmaps *Boundaries are approximate and are not meant to be absolute. Map Source: GIS Soils Data M .. �eriltte St�SW Tom* r , h i n+ Ev 4th Ave�SW i m o + . N C n 3rd Ave SW k` f m, F '• -;"�T'rid Ave SW :r I fr landing Rd SW s sway SW RECE OCM WILM NIGTON. NC i�(i6 ;; 0 701R SCALE 1" = 300' (when printed at 11 "x17") Holden Beach Park Brunswick County, NC LMG4 µ, Figure 4 www.lmerouo net Soils Map January 2018 3805 Wrightsville Avenue LMG # 40-17-388 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 Holden Beach\RE sw .tea ` r r,.• ,!y .16 .100 PO '„• " Troy ISSW` �,. ,. • I ��}.... )M r .r y l 1 r f 1 Is IA ' • � , SIM �NewlBxn-St SW S pkvSW , ' � .•'1 � w � • h A� ""fie � _ each Ties Sw Al Ilk %d � • ".J I¢ • �t } f' 4th Ave SW n CA '� to J• J', O 1' ,�. - YI o •� �nmi e Y / m � m rt .}+ is 8t SW �, • i 1 .' -•A. ! m yyy3rr��-d Ave /• ' in Ave sw ov /• Af r •1 • .r , IL• • , 1 Y M Rd SW ' Cedes �ndlnp . 04 I ' 4 1 b4�E3�R,IDsloIDs, ��4®�01��4'�4aC»1.1rDs C W Ml n - m = 9 ��� ��' �.� 4 SOS• . t �'A � ... • Vy" a'k � � r'.y � ��'Y • �i SITE w -Less at 3 p ` yam, �� AF ♦i "+ •' �«' :I;/�.`�'L^w" W N., jo bw I i rt, 44 i �.� •�. I •� � �, M"rY.n e• � 1 F ' 'i•� ♦ w '� . ". , i � Y ,�. ^ eM Y, Y r.• _ i.•i n'4: � `Yi +- < } tJ '42tb All IT to Jim if'� ,•�',.• i,,`.m M iii% % . - y •t � 4 R L:\WETLANDS12017 WETLANDS FILESW0-17-388 --- Holden Beach Park, Michael Nortonlmaps Boundaries are apppproximate and are not meant to be absolute. Mao Source: 2016 NG One Mao RECEIVED DCM WILMINGTON, NC AUG 3 0 2018 7 .r, �prt1 l , Az r � n'I, tmap contributors, SCALE V = 300' (when printed at 11 "x17") Holden Beach Parks 4 LMG Brunswick County, NC Lk Ne MANMFNF.H G0.0VVw Figure 6 www.1maroup.net Aerial Photograph January 2018 3805 Wrightsville Avenue LMG # 40-17-388 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 n j SeMon 404 Wetlands are marked with pink and black ribbons (marked on map) Coal Wetlands are marked with pink ribbons (#600-663) Normal High Water Line (#s 700-797) is flagged with blue ribbons (700-732), green ribbons (#s 733-795) and orange ribbons (#s 796 and 797) } NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated j areas and review and approval by the US Any Corps of Engineers is recommended prior I to specific site planning. ppr. ,+ � .• may, .r'� , ,. , 9S -r • t w E 7'r�4 ' i •p Y�`ti K +c5 l.04i�yii�� S v1u.� • OK 1 SITE 209,, r r � � w 4 s '�'«• R s4 / . 300 1 1 r 308 r il .3 I V 45642 625 e 25�Tw(� i 4. + . ., v- r. a A' n y1,.rS.r. t'° N �yt'#` K M1*fit 1.✓ r� f��CT 81 LEGEND o 33.3ac Project Area - ^+ - Uplands -19.1 cc or 439e 1-',u ,HCRr MapruVli-iif ... ... mtrbutors Wetland Waters of the US, Coastal - 5 ac or 15% iL: -•N'.r Wetland Waters of the US, 404 - 92 oc or 2f1% RECLINED —••—••- Non -Wetland Waters of the US-70-linear feet DCM WIL MINGTON, NC Normal High Water Line - 3.150-linear feet 1 �� (, al k ww��- r_ L:\WETLANDS12017 WETLANDS FILES\40-17-388 --- Holden Beach Park, Michael Nonon\maps SCALE 1 " = 300' 'Boundaries are apppproximate and are not meant to be absolute. (when printed at 11"x17") Map Source: 2016 NC One Map Holden Beach Park LMG 7 Brunswick County, NCNO MAXAGEMFNT f.M10P iw FlliUn 4Fmnonmmml (ontul,antl Preliminary wwrights illeAet Upland/Wetland Sketch January 2018 3805 Wrightsville Avenue LMG # 40-17-388 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910,452.0060