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HomeMy WebLinkAbout59-18 Renewal 2022 The Point OIBPermit Class RENEWAL STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 59-18 Issued to The Point OIB, LLC, 1770 Camden Way, Sumter, SC 29153 Authorizing development in Brunswick County adi. to the Atlantic Ocean & AIW W, at East 41h Street, Ocean Isle Beach , as requested in the permittee's application dated letter This permit, issued on January 19, 2022 , 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 oe suolect to times, imprisonment or civu action; or may cause me permit to oe nuu anc voic. 1) This renewal shall be attached to Permit No. 59-18, which was issued to the permittee on 6/18/18, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project D WR Project No. 2017-0959. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2015-00751. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DCM Coordinator: l'�_ Permit #: _1$ MAH ING DISTRIBUTION SHEET 3 DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington %, (OBJECTIONS ) Vejo-1 US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Jordan Jessup (TBD) Greg Curry (New Hanover, Brunswick) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kimberlee Harding (WIRO) David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) James Harrison (WARD) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Onslow, Pender) Rohh Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson NC Division of Coastal Management CAMA Major Permit Renewal Request District: Choose a district Major Permit Staff: Choose Staff App lie -ant titforniation NamApplicant .The Point OIB� LLC Name: Last r6nt Project Aaare55: End of East 4th St stseerAddress Peq„estDate,12-30-21 Received in Office: 12-30-21 Ocean Isle Beach 28469 City ZIP Code LAMA Permit 59-18 12-31-21 100.00 No.: Permit Expiration Date: Payment $ �LI at v Agent'sName: Land Management Group c% Greg Finch NO District Manager/Field Rep Approve? (Initial Appropriate Box) ❑ DWR Project No: 2017-0959 Oth-er Information USAGE Action 2015-00751 ID No.: Has substantial YES No fflres, Installed all retaining walls, sewer lines, pump stations, development occurred? n ❑ Explain: manholes, hydrants, all roadways have been fine graded YES NO Recommend to Renew? Fv7 ❑ IfNot Approved, provide Justification: Staff Brendan Brock Digitally signed by Brendan Brock Signature: Date: 2022.01.06 13:58.43-05-00- 1-6-2022 RECEIVED JAN 18 2022 MP SECTION DCM - MHD CITY North Carolina Deparnnent ofEnviranmentai Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington. North Carolina 27889 1 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I W@nington North Carolina 28405 1910.796.7215 Morehead City office 1400 Commerce Avenue I Morehead City. North Carolina 285571 252808.2808 4LMG LAND MANAGEMENT GROUP a DAVEY. company December 30, 2021 Brendan Brock North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: The Point OIB, LLC, Ocean Isle Beach, Brunswick County DCM Permit Number #59-18 SAW 2015-00751 Brendan: Aa N010N0V11Nt 08QON 170Z 0 £ 030 In 2018, the NC Division of Coastal Management issued CAMA Major Permit #59-18 for the construction of a 44-lot subdivision and associated infrastructure located at the eastern end of Ocean Isle Beach, Brunswick County, NC. Work commenced in mid-2021 after verification of the first line of stable natural vegetation. East Coast Engineering, P.C. has made periodic site visits to the subject projectto inspect the construction of the infrastructure. Currently, all retaining walls have been constructed and all fill for the lots and roadway have been fine graded. There is one area to the West of lot 44 that still requires some fill to be brought in. No roadway, sidewalk, or bike lane paving has been completed to date. The contractor has installed the gravity sewer line and associated manholes, stubbed up sewer services, set the wet -well for the pump station, and installed the sewer force main. The main waterline for the project and associated hydrants have been installed, but individual lot water taps have not been made. The applicant has made significant progress towards completing the authorized work; however, the project will not be finished prior to the permit expiration on December 31, 2021. Overall, the project is estimated to be completed by the beginning to middle of February 2022. Therefore, we formally request that permit is extended to allow the applicant additional time to complete the ongoing and authorized work. RECEIVED , DEC 30 2021 RECEIVED DCM WILMINGTON, C JAN 18 2022 oc M - MH4 ",. www.lmgroup.net • Info@lmgroup.net • Phone: 910A52.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 Enclosed is a $100 fee check and a copy of the USACE GP291 and CAMA permit. No changes to the plans that were previously authorized are proposed. Please don't hesitate to contact me if you have any questions or if additional information is needed prior to issuing this extension. Thank you for your assistance with this project. Sincerely, Greg Finch Encl. Cc: Doc Dunlap RECEIVL-.. JAN 18 709 MP SEC-; Elm - mmu ;: I-v www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission o4. tutt for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Permit Number 59-18 Issued to The Point OIB, LLC, 1770 Camden Way, Sumter. SC 29153. Authorizing development in . Brunswick. - County adz. to the Atlantic Ocean & AIWN at EEaa t 41' Street Ocean lsle Beach' as requested in the perinittee's'application dated revised 6110117 (MP-1). and revised 7/19/ 17. MP-2'& MP3 inal. attached work Ian drawings 13 as referenced in Condition No. I below. This permit, issued on June 1& 2019 —'is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and'notes set forth below. Any violation of these terms may oe suojecE to lines, imprisonment or civu action; or may cause the permit to be null and void. 1) Unless specifically altered herein, all development shall be carried out in accordance with.the attached workplan drawings (13); 5-17 of 17, all dated revised 9/16/1.7, and AEC Hazard Notice dated,Received DCM Wilmington 5126/17. Ocean Hazard Development 2) Unless specifically altered herein, this permit authorizes the Jand disturbing activities associated with the development -of the above:referenced property, consisting of a 44-lot subdivision with associated infrastructure, all as,ekpressly,and specifically set,forth in the attached permit application and woikphin drawings. Any additional''land disturbing activities and/or eoustruefrowmay, require a modification of this permit. Contact a Division.of.Coastal'Managemeritrei resentative at (910)796- 7215 for this determination. (See attached sheets for Additional Conditions) This permit action may be appealed by the petmittee or other qualified persons within twenty (20) days of the issuing date, This permit must be accessible on -site to Depaitment personnel when the project is inspected far compliance. Any maintenance work or.praject modification not covered hereundec,requires father Division approval. All. work muitcease when the permit expires on December 31,.2021 In issuing this permit' the State 6FNorth Carolina agrees that your project Is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. FVre Braxton avis, Director Division of Coastal Management RECEIVED This permit and its conditions are hereby accepted. JAN 18 i' ZZ MP SECTION 17)" +a - nnun r`t7,. -Signature, of Permittee The Polnt OIB, LLC RECEIVED Permit No. 59-18 JAN 18 2M ADDITIONAL CONDITIONS Page 3 of 4 MP SEC7(i8ttimentation and Erosion Control DCM - MHO QTT 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 (e.g. silt fence, diversion swales or berms, etc.). 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 mustbe fded,at least thirty (30) days prior to the begriming of any land disturbing activity. Submit this Platt to .the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. U.S. Army Corns of Eneincers.Condiiions 16) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance"with the provisions outlined on the mostrecent version of the Compensatory Mitigation Responsibility Transfer Form. The requirements of the form, including any special conditions'listed on the form, are hereby incorporated as special conditions of this permit authorization. 17) 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 eirculation,patterns within waters or wetlands or to reduce the reach of waters or wetlands. 18) Except as.authorized by.11iis,permit or any USACE approved modification to.this'pennit, no excavation, fill or mechanized land -clearing activities shall take place fit 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 wellands outside the permitted area. This prohibition opplies to all borrow,and fill activities connected with this project. 19) Pipeiine/uiility.line construction.through jurisdictional waters and wetlands shall be accomplished utilizing directional drilling/boring rnethodsdo the maximum extent practicable. 20) Temporary discharge of excavated or fill�material into weiland&and waters of the United States shall -be for the absolute minimtim'period of time neeessary'.to accomplish the work. Temporary discharges will 'be fully contained with appropriate erosion control or containment methods or otherwise such fills will consist of non -erodible materials. 21) Ex cavAtedmaterials shall be rettirried,to the excavated areas and any remaining materials shall be disposed of in uplands, unless:theUSACE and NC Division of Coastai'Management authorizes disposal in waters of the United States. 22) Cleared wetland areas shall be re -vegetated to the maximum extent practicable with native species of canopy,; shrub, and herbaceous species. Fescue grass shall:not be used. The Point OIB, LLC ADDITIONAL CONDUIONS Permit No. 59-18 Page 2 of 4 3) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive standard shall apply. 4) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of Coastal Management shall stake the first line of stable, natural vegetation and appropriate structure setbacks. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement is void and shall be re-established. In the case of a major shoreline change within that period, a new setback determination shall be.required before construction begins. 5) This permit does not authorize the removal or relocation of primary or frontal dune sand'or vegetation thereon that would adversely affect the integrity.of the dune(s). NCAC 15A NCAC 07H .0308(a)(IXB) prohibits permanent erosion control structures within the Ocean Hazard Area of Environmental Concern (AEC). 'therefore, in order to ensure compliance, with this rule, the design of all retaining walls within the AEC shall,be the absolute minimum necessary o retain the backf Il material. In order to entire compliance with this condition; the permittee shall coordinate final retaining weli'designwith.Division of Coastal Management staff. 7) The alignment of the authorized retaining walls shall be staked by the applicant- and, approved by a. representative of the Division of Coastal Managethdrit within a maximum of 30 days prior to the start of construction. Failure to -initiate construction within 50 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new.expected start of construction. 8) All'fill'materialshall W clean and=free of any pollutants except.in trace quantities. 9)' No excavation or filling of any open water area or Coastal Wetlands is authorized by this permit <ld) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8 indhes;in'diameter.if.round, or;8 inches to a side if square. Tl) Alffoundatiotis shalFbe adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. 12) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. 1,3) Anystmcture authorized by this;permit shalPbe relocated or dismantled when it becommimminently threatened by changes in shoreline configuration. The structure(s).shall be relocated ordismantled within two^(2) years ofthe time when if becomes imminently threatened,;and in any case, upon its collapse orsubsidence.:HoweVer,•if natural shoreline recoveryor beach re -nourishment takes place within two,(2) years of the time the structure becomes imminently threatened, so that the structure is no -longer imminently threatened, then it need not be ��Qp���ismantledr�t�ia�ti FU This condition shall. not affect the permit holder's right to seek a t�Idito'f�cmporary protective measures allowed underCRC Rules. DEC 3 0 2021 NIP SECTIM! PGM WILMING T ON, NC DCM - Muir ; The Point OIB, LLC Permit No. 59-1$ ADDITIONAL CONDITIONS Page 4 of 4 9tormwater Management 23) The Division of Energy, Mineral & Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8 171115, which was issued on 5/21/19. Any violation of the permit approved by the DEMLR_shall be considered a violation of this CAMA permit. General 24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to Project initiation. 25) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written. approval of the Division of Coastal Management. ,NOTE: Plans and specifications should, be submitted and approved by the N.C. Division of Water Resources- Public Water Supply Seciion prior to the construction or extension of water lines. Please contact the Public Water Supply Section at 910-796-7215. NOTE: This -permit does, not climinate the need to obtain any additional state, federal or local permits, approvals or authorizations that maybe required. 'NOTE: Future development of the pemiittee'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: Trhe'N:C. Division of Water'Resources has assigned the proposed project 'D WR Project No. 2017- 0959. NOTE: " The"U.S.'Army Corps of Engineers has assigned the proposed project, Action • ID No. SAW-2015- 00751. NOTE: 'An application processing fee of $250 was received by DCM for this,project. DEC 3 0 2021 JAN 18 2022. �7 Wrt MrNG7'(?iU; lv% " ASP SECTi DCM-MHD Conditions for Transfer of Compensatory Mitigation Credit: Once this document has been signed by the Mitigaton Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible far any other mitigation requirements stated in the perm t conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully respons`ble for the mitigaton until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigaton Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager )address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approva: from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRI). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and Included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Nancy Strickland of Stone Farm Mitigation Bank. U.C. confirming their willing and able to accept the applicants compensatory mitigation responsibility, dated 8/30/2017 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor an Page 1. Once signed, the Sponsorshould provide copies of this form along with an updated bank ledger to:1) the Permfttee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Fads of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.armymilj. Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Liz Hair USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: sarah.e.hair@usace.army.mil 06/19/2018 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil RECEIVED DEC 3 0 2021 CCM WILMINGTON, NC RECEIVED JAN 181022 MP SECTION ®CM - MHO MY U.S. ARMS' CORPS OF ENGINEERS W1LIv11NG"fON DISTRICT Action Id. SAW-2015-00751 County: Brunswick County U.S.G.S. Quad: Shallotte GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Tyler Dunlap Mr. David O'Connell The Point OIB, LLC Address: 1770 Camden Wav Sumter, South Carolina 29153 RECEIVED Telephone Number: 843.455-5500 DEC 30 2021 Size (acres) -66 acres Nearest Town Ocean Isle Beach Nearest Waterway Lane Bav River Basin Lower Pee Dee DCM WILMINGTON, NC USGS HUC 03040208 Coordinates Latitude: 33.9014 Longitude:-783889 Location description: The project site is situated on an approximate 66 acre parcel (Parcel ID: 2441L11022), at the east end of 5i4 Street, adjacent to Shallotte Inlet and the Atlantic Ocean, in Ocean Isle Beach, Brunswick County, North Carolina. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with the construction of a 44-lot residential subdivision known as The Point at Ocean Isle Beach. Permanent impacts total 0.19 acre wetlands to be filled in order to construct roadway access to uplands within the site. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: 291 SEE ATTACHED RGP or MVP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated August 3, 2017 and revised plans dated September 13, 2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. for activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required federal, State or local approvals/permits. RECEIVED If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Liz Hair at (910) 2514049 or sorah.c.huirSusace.ormv.mil. JAN 18 M NAP SECTION DCM - MHD C FY tiAw-2DI5-00751 Corps Regulatory Official: Date: June 19.2018 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: ❑ There are waters, including wetlands, on the above described project area that maybe subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and -or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United Slates within the above described project area subject to the per iiii 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 luw or our published regulations, this determination maybe relied upon for a period not to exceed rive 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 fate 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 appenlable 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 August 14, 2015. Action ID: SAW-20I5-00751. B. Basis For Jurisdictional Determination: • see previously issued 1D forms dated August 15, 2015 C. Remarks: D. Attention USDA Program Participants This delineationidetcrmination has been conducted to identifythc limits of Corps' Clean Water Actjurisdiction for the particular site identifial in this request. The delineationldciermination 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. I f you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room I OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED JAN 18 7022 MP SECTION' DCM - MH[) crI ry 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 ti 1\l:all s•11o7i I It is not necessary to so limit an RFA form to the Division Office if) Do do not object to the determination In this correspondence. / LL �G/iL Corps Regulatory Official: rz Hair Date of JD: August Id, 2015 Expiration Date of JD: December 31, 2021 1 he 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://cort)smayu.usace.armv.miVem aoex!Pp-136*0. Electronic copy furnished (w/enclosures): Mr. Greg Finch Land Management Group, LLC Electronic copy furnished (w/o enclosures): Ms. Karen Higgins Division of Water Resources-DEQ Mr. Pete Benjamin U.S. Fish and Wildlife Service Mr. Fritz Rohde National Marine Fisheries Service-HCD Dr. Pace Wilber National Marine Fisheries Service-HCD Mr. Todd Allen Bowers US EPA Region d Life Scientist-WPD Mr. Chad Coburn Division of Water Resources-DEQ Ms. Heather Coats North Carolina Division of Coastal Management RECEIVED DEC 3 0 2021 ACM WILMINGTON, NC RECEIVED JAN 18 2022 MP SECTION DCM - MHn r.,lrl. sAu.znr.om;r SPECIAL CONDITIONS 1. All work authorized by this permit must be performed in strict compliance with the attached submitted plans, which are a part of this permit. Authorized plans include figures 5-17 revised on September 13, 2017. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 3. 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. 4. 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. 5. Pipeline/utility line construction throughjurisdictional waters and wetlands will be accomplished utilizing directional drilling/boring methods to the maximum extent practicable. 6. Cleared wetland areas shall be re -vegetated to the maximum extent practicable with native species of canopy, shrub, and herbaceous species. Fescue grass shall not be used. RECEIVED JAN 18 1072 MP SECTION DCM - MHD CIYY Action ID Number: SAW-2015-00751 Count),: Brunswick Counh Permittee: Mr. Tyler Dunlap and Mr. Duvid O'Connell/The Point OIB LLC Project Name: The Point at OIB - Shallotte Inlet Site. Ocean Isle Date Verification Issued: June 19, 2018 Project Manager: Liz Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Liz Hair 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. 1 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. l v, rap Sr- Si tur of Pc a Date RECEIVED RECEIVED DEC 3 0 2021 JAN 18 2022 DCM WILMINGTON, NC MP SECTION DCM - MHD CITY Compensatory Mitigation Responsibility Transfer Form Permittee: The Point 018, LLC/Mr. Tyler Dunlap Project Name: The Point at Ocean Isle Beach Action ID: SAW-2015-00751 County: Brunswick Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USAGE) Project Manager Identified on page two is In receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one B-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the Identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Perm ftted Impacts and Compensatory Mitigation Requirements: Permitted impacts Requiring Mitigatlon• B-digit HUC and Basin: 03040209, Lumber River Basin Stream Imp acts (linear feet) Wetland Impacts (acres) Warm Cool Cold Ri -arian Riverine Riparian Non.Riverine Non -Riparian Coastaf 0.198 'If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040208, Lumber River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.40 Mitigation Site Debited: Stone Farm Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). ' Section to he completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept Full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action iD number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that If the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsoes Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature RECEIVE JAN 1 B zon MP SECTION ®CM - MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct, # Received Deposited Permit Holder Number amount Number/Comments 1/11/2022 Davey Resource The Point OIB LLC united 2396 $100.00 major renewal k59-18, Brco BB rct. Groupinc bank 16042 LLI N L > _V W co U 2 L C� U C]