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HomeMy WebLinkAbout59-18 The Point OIBPermit Class NEW Permit Number 5948 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V e r mt"t RECEIVED JUN B 12018 DCM-MHD CITY for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to The Point OIB, LLC;1770 Camden Way, Sumter, SC 29153 Authorizing development in Brunswick County adj. to the Atlantic Ocean & AIPdW, at East 4' Street Ocean Isle Beach • as requested in the permittee's application dated revised 6/30/17 =-I), and revised 7/19/17 (MP-2 & W3) Incl. attached workplan drawings (13) as referenced in Condition No. 1 below. This permit, issued on June 18, 2018 is subject to compliance with the application (where consistent with the, permit), all applicable'regulafrons, special conditions and notes set forth below. Any violation of these terms may oe suoject to Imes, imprisonment or civil action; or may cause the permit to be null and void. 11 . 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 9/13/17, and AEC Hazard Notice dated Received DCM Wilmington 5/26/17. Ocean Hazard Development 2) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the.development of the above -referenced property, consisting of a 44710t subdivision with associated_ infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910)796- 7215 for this determination. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. . Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 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 Chairman of the Coastal Resources Commission. 'V'At pop.- Fve BraxtonC.-Davis, Director Division of Coastal Management This permit aad its conditions are hereby accepted. Signature of Permittee The Point OIB, LLC Permit No. 59-18 Page 2 of 4 ADDITIONAL CONDITIONS 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). 6) NCAC 15A NCAC 07H .0308(a)(1)(B) 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 malls within the AEC shall be the absolute minimum necessary to retain the backfrll material. In order to ensure compliance with this condition, the permittee shall coordinate final retaining wall design with 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 Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 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 material shall be 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 1.0) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square. 11) All foundations shall be 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. 13) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structures) shall be relocated or dismantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. The Point OIB, LLC Permit No. 59-18 Page 3 of 4 ADDITIONAL C6NDITIONS Sedimentation and Erosion Control 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 must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. U.S. Army Corps of Engineers Conditions 16) 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 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 circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 18) :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. 19) Pipeline/utility line construction through jurisdictional waters and wetlands shall be accomplished utilizing directional drilling/boring methods to the maximum extent practicable. ' 20) Temporary discharge of excavated or fill material into wetlands and waters of the United States shall be for the absolute minimum period of time necessary 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) Excavated materials shall be returned to the excavated areas and any remaining materials shall be disposed of in uplands, unless the USACE and NC Division of Coastal 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. RECEIVED JUN 21 2018 DCM-MHD CITY The Point OIB, LLC ADDITIONAL CONDITIONS Stormwater Management Permit No. 59-18 Page 4 of 4 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 5/21/18. 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 Section 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 eliminate the. need to obtain any additional state, federal or local permits, approvals or -authorizations that may be required. .NOTE:. Future development of the permittee.'s property may require a modification of this permit. Contact a representative of the: Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: _ The N.C. Divisiop of Water. Resources has assigned the proposed project DWR Project No. 2017- 0959. NOTE: The U.S. Army Corps'of Engineers has assigned the proposed project Action IDNo. SAW-2015- 00751. NOTE: An application processing fee of $250 was received by DCM for this project. Coastal Management Zp NNENTAL QUALITY June 19, 2018 Mr. Geoffrey Gisler Southem Environmental Law Center 601 W. Rosemary Street, Suite 200 Chapel Hill, NC 27516 Email: ggisler@selcnc.org Dear Mr. Gisler. t0Y COOPER 64101 mr MICHAEL S. RFGAN s BRAXTON C. DAVIS aaaw This letter is in response to your correspondence, which was received by the Division of Coastal Management on October 3, 2017, regarding the concerns of Audubon North Carolina and the NC Coastal Federation about proposed development by The Point 01B, LLC., at the end of 5th Street, adjacent to Shallotte Inlet and the Atlantic Ocean, in Ocean Isle Beach, Brunswick County. The proposed project consisted of a 44-lot subdivision and associated infrastructure. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. Please contact me at (910) 796- 7302 if you would like me to send you the applicable forms and instructions that must be filed prior to that deadline or f you have any addifional questions. Alternatively, the forms can also be found on our website. Respectfully yours, Xax% A 6GGrj Heather Coats Assistant Major Permits Coordinator Cc: Wilmington files` Morehead Files/Doug Huggett, DCM Braxton Davis, DCM RECEIVED State of North Caraffm I Environmental Quality I Coastal Mamgene t WWntrngton office I t77 Cardinal Drive Extension I Wilmington, North Caroltna 2WS 910796TM JUN 21 2018 DCM-MHD CITY Coastal Management ENVIRONMENTAL QUALITY June 6; 2018 Land Management Group, Inc. c/o Mr. Greg Finch 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 ROY COOPER Govanar MICHAEL S. REGAN S-Vtwy BRAXTON C. DAVIS Director SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for The Point at OIB, LLC Dear Mr. Finch: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on July 21, 2017 and extended on October 3, 2017. Processing of the application was placed on hold October 10, 2017, pending a request for additional information from the N.C. Division of Energy, Mineral. and Land Resources (DEMLR) regarding the applicant's state stormwater permit application. We received notice from DEMLR on May 30, 2018 that their request was satisfied. Therefore, processing of your permit application officially resumed as of May 30, 2018 and the revised projected deadline for making a decision was August 7, 2018. If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Sincerely, 1&�a- Cow Heather Coats Assistant Major Permits Coordinator Cc: MHC Files WiRO Files RECEIVED Liz Hair, USACE JUN 13 2018 DCM-MHD CITY State of North Carolina I Environmental Quafity I Coastal Management Wihnington Office 1 127 Cardinal Drive Extension I Wilmington. North Caroflm 2WS 910 796 7215 DIVISION OF COASTAL MANAGEMENT r t APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: The Point OIB, LLC COUNTY: Brunswick PROJECT NAME: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wali, & fill -and grade for future homes LOCATION OF PROJECT: end of Yh St, adjacent to Shallotte Inlet /Atlantic Ocean, in Ocean Isle Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-21-17 ✓ FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Sean Farrell DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: .%Je— B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S250 #1079 40/40 PUBLIC NOTICE REC'D: f5-3-17 ✓ fMft*ATImF VpMcePa"r END OF NOTICE DATE: 8-24-17 / O4Z4---t-. Gt1 taco Wz/� ADJ. RIP. PROP NOTICES REC'D: l}E ' ��� 13yt DEED REC'D: ^Sf APPLICATION ASSIGNED TO: ON: ( 1 C) 75 DAY DEADLINE: t)i ✓ 150 DAY DEADLINE: MAIL OUT DATE: 7-31-17 STATE DUE DATE: 8-24-17 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY Ar�y�rn�1S� P�"M��Ltit�bY1� flecttaz�d �`/0.S1z.61n DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance Division of Coastal Management-LUP Consistency O 3 1 Public Water Section (DWR) Land Quality Section (DEMLR) 8 4 1 rtan, lS/ ,c/f ✓L Division of Water Resources - 401 Section 1 cl1 ] 7i0 1-7 0 cc wwl If% en Storm Water Management (DEM LR) X- Svc State Property Office ( tl / AUG 01 2017 Division of Archives & History 'f f 23 �'� Division of Marine Fisheries - Shellfish Section Ct 1 `) Division of Highways (NCDOT) Z- / 1 7 / tV (,c'AAjrb-^ Wildlife Resources Commission Local Permit Officer NI q11 JIU0 OVA Afl"A !ltW0n — US Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM Corps of Engineers - Regulatory Branch l � D^ Coastal Management ENVIRONMENTAL QUALITY June 19, 2018 Mr. Geoffrey Gisler Southern Environmental Law Center 601 W. Rosemary Street, Suite 200 Chapel Hill, NC 27516 Email: ggisler@selcnc.org Dear Mr. Gisler: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Ofrec This letter is in response to your correspondence, which was received by the Division of Coastal Management on October 3, 2017, regarding the concerns of Audubon North Carolina and the NC Coastal Federation about proposed development by The Point OIB, LLC., at the end of 5th Street, adjacent to Shallotte Inlet and the Atlantic Ocean, in Ocean Isle Beach, Brunswick County. The proposed project consisted of a 44-lot subdivision and associated infrastructure. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. Please contact me at (910) 796- 7302 if you would like me to send you the applicable fors and instructions that must be filed prior to that deadline or If you have any additional questions. Alternatively, the fors can also be found on our website. Respectfully yours, Heather Coats Assistant Major Permits Coordinator Cc: Wilmington Files Morehead Files/Doug Huggett, DCM Braxton Davis, DCM RECEIVED State of North Carolina I Environmental Qw1 ty I Coastal Management J U N 21 2018 Wilmington Office 1 127 Cardinal Drive Extension I Wlimfigton, North Carolina 28405 9107967215 DCM-MHD CITY Coastal Management ENVIRONMENTAL QUALITY June 19, 2018 Liz & Moms Littlefield 117 Windswept Drive Mooresville, NC 28117 Dear Mr. & Mrs. Littlefield: ROY COOPER covwrgr MICHAEL S. REGAN seLmso.r BRAXTON C. DAVIS oo-ectar This letter is in response to your correspondence, which was received by the Division of Coastal Management on July 3, 2017, regarding your concerns about proposed development by The Pant 01B, LLC., at the end of 5th Street, adjacent to Shallotte Inlet and the Atlantic Ocean, in Ocean Isle Beach, Brunswick County. The proposed project consisted of a 44-lot subdivision and associated infrastructure. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. Please contact me at (910) 796- 7302 if you would like me to send you the applicable forms and instructions that must be filed prior to that deadline or if you have any additional questions. Alternatively, the fortes can also be found on our website. Respectfully yours, I�� Heather Coats Assistant Major Permits Coordinator Cc: Wilmington Files Morehead Files/Doug Huggett, DCM RECEIVED State of North Carolita I EnWonmental Qyzitty I Coastal Management JUN 21 2018 WWnington Office 1 127 CaWtml Drive Exter lion I Wlimington. North Carolina 2&405 9107967Z15 DCM-MHD CITY Coats, Heather From: Coats, Heather Sent: Monday, June 18, 2018 2:22 PM To: 'warmfiel@me.com' Subject: The Point at OIB Attachments: point at oib permit. 59-18-06182018134053.pdf Dear Mr. Armfield: This letter is in response to your correspondence, which was received by the Division of Coastal Management on August 3, 2017, regarding your concerns about proposed development by The Point OIB, LLC., at the end of 51 Street, adjacent to Shallotte Inlet and the Atlantic Ocean, in Ocean Isle Beach, Brunswick County. The proposed project consisted of a 44- lot subdivision and associated infrastructure. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. Please contact me at (910) 796-7302 if you would like me to send you the applicable forms and instructions that must be filed prior to that deadline or if you have any additional questions. Alternatively, the forms can also be found on our website. Respectfully yours, Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(ancdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 W. -5�--- 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. RECEIVED JUN 212018 DCM-MHD CITY Coastal Management 5WaoNMRrAL QUa Pr June 6; 2018 Land Management Group, Inc. c/o Mr. Greg Finch 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 R COOPER MICHAE'L S. REGAiN +r BRAXTON C. DAVIS abum SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for The Point at OIB, LLC Dear Mr. Finch: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on July 21, 2017 and extended on October 3, 2017. Processing of the application was placed on hold October 10, 2017, pending a request for additional information from the N.C. Division of Energy, Mineral and Land Resources (DEMLR) regarding the applicant's state stormwater permit application. We received notice from DEMLR on May 30, 2018 that their request was satisfied. Therefore, processing of your permit application officially resumed as of May 30, 2018 and the revised projected deadline for making a decision was August 7, 2018. If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Sincerely, Heather Coats Assistant Major Permits Coordinator Cc: MHC Files WiRO Files Liz Hair, USACE RECEIVED JUN 212018 State of North Cuoli a I Environmental Q7uttty I Coastai Management WtknbVm office 1 t27 Cardinal Drive Extension I Wilmington, North Carolina 28405 tiCM-MHD CITY 9107967215 SOUTHERN ENVIRONMENTAL LAW CENTER Telephone 919-967-1450 601 WEST ROSEMARY STREET, SUITE 220 Facsimile 919-929-9421 CHAPEL HILL, NC 27516-2356 October 3, 2017 Via U.S. and electronic mail Sean Farrell N.C. Division of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28409 Sean.FarreU@ncdenr.gov RE: The Point at Ocean Isle Beach Dear 1VIr. Farrell: Please accept these comments on behalf of Audubon North Carolina and the North Carolina Coastal Federation. We respectfully request that the Division of Coastal Management deny the requested CAMA major permit. The proposed project is a prime example of risky development that the Coastal Area Management Act and its rules are designed to discourage. It is important to note that the stormwater permit application for this project was recently returned to the applicant for insufficient information.' Among the deficiencies in that permit application are changes to the road design, lack of clarity regarding impervious surface coverage, and failure to protect against the 10-year peak storm event.2 Because these missing details provide critical information and may require changes to the proposed plan, the Division must delay any action on this application until such details are received.3 That is particularly necessary here, where the proposed development is adjacent to public trust waters and shellfish waters. The proposed development would develop 14 acres of dunes immediately adjacent to the Inlet Hazard Area at Shallotte Inlet. The entire development falls within the Ocean Hazard Area. Therefore, the project must not only comply with the relevant setbacks, it must also comply with dune protections. The applicable rules state that "dunes within the ocean hazard area shall not be disturbed unless t See Letter from T. Davis, DEMLR, to D. Dunlap, The Point OIB (Sept. 21, 2017). 2 Id. at 2-3. 5 See 15A N.C. Admin. Code 07J.0203(c)(5) (requiring "any maps or plans that have been prepared to meet other regulatory requirements such as stormwater management and sedimentation and erosion control" as part of the application for a CAMA major permit). r=iEC:EiVEG Charlottesville • Chapel Hill • Atlanta - Asheville • Birmingham • Charleston • M35t17tllWJLttroANGArl•QNaX,&on, DC 100%recycled paper OCT 0 3 2017 the development of the property is otherwise impracticable." 15A N.C. Admin. Code 07H.0306(b). Nothing in the application materials submitted for this project indicates that a smaller development would be impracticable. As a result, no permit may be issued. The rules go on to state that "[n]o disturbance of a dune area shall be allowed when ... alternative site locations exist to avoid unnecessary dune impacts."4 There are numerous vacant lots on Ocean Isle Beach that could be developed and provide "alternative site locations" that could accommodate new development. These rules put into practice the "CRC's objective to provide management policies and standards for ocean hazard areas that serve to eliminate unreasonable danger to life and property and achieve a balance between the financial, safety, and social factors that are involved in hazard area development " 5 They further serve the purpose of "minimizing losses to life and property resulting from storms and long-term erosion, preventing encroachment of permanent structures on public beach areas, preserving the natural ecological conditions of the barrier dune and beach systems, and reducing the public costs of inappropriately sited development 6 Finally, the applicant has failed to address the potential effect of the proposed terminal groin on this development. As the Agency is aware, a terminal groin was permitted by DCM at the east end of Ocean Isle Beach. In the final environmental impact statement for that project, the town predicted that if the groin is constructed, erosion would be significantly increased on its east side. The Corps estimated that erosion would be increased by nearly 400 percent exactly where this proposed development would be built.? Either DCM must reconcile the "historical" erosion rate of 6.5 ft/yr used in the application for this development with its evaluation of the approved terminal groin permit or DCM must reconsider its approval of the terminal groins 4 15A N.C. Admin. Code 07H.0308(b)(7). 5 15A N.C. Admin. Code 07H.0303(a). 5 15A N.C. Admin. Code 07H.0303(b). Y See Ocean Isle Shoreline Stabilization Project, Final Environmental Impact Statement, Appendix B at 71 (showing increase of modeled erosion from 11,000 cubic yards per year to 49,900 cubic yards per year between stations -5+00 and-20+00). 8 As described in comments on the final environmental impact statement for the terminal groin, Audubon North Carolina and the North Carolina Coastal Federation have significant reservations regarding the modeling done by the Corps. Indeed, the modeling is the subject of ongoing litigation. By citing it here, Audubon North Carolina does not concede the validity of the modeling. However, DCM accepted that modeling as part of the permitting process for the terminal groin and must treat this application consistently. 2 For these reasons, we respectfully request that the Division deny the requested permit or, at a minimum, return the application for further documentation as described above. Please contact me at 919-967-1450 or ggisler@selcnc.org if you have any questions regarding these comments. Sincerely, Geoffrey R. Gisler Senior Attorney GRG Cc (via email): Greg Andeck, Audubon North Carolina Mike Giles, North Carolina Coastal Federation Braxton Davis, Division of Coastal Management Heather Coats, Division of Coastal Management Wl- " Recommendations for The Point at OIB, LLC c/o LMG 03.12.2018 The proposed 44 lot subdivision including a road, culdesac, pump station, utility lines, stormwater control features, retaining walls, and fill and grade for future homes within the Ocean Erodible Area of Environmental Concern appears to be CONSISTENT with 15A NCAC 071-1.0306 General Use Standards for Ocean Hazard Areas, specifically the applicable ocean hazard setback requirement, located approximately 195' landward of the First Line of Stable Natural Vegetation. The proposed development also appears to be CONSISTENT with rule 07H.0306 (b) which states, "No development shall be permitted that involves the removal or relocation of primary or frontal dune sand or vegetation thereon that would adversely affect the integrity of the dune. Other dunes within the ocean hazard area shall not be disturbed unless the development of the property is otherwise impracticable. Any disturbance of these other dunes shall be allowed only to the extent permitted by 15A NCAC 07H.0308 (b)•" As proposed, the development would not impact the frontal dune. No primary dunes exist along the property's shoreline. The area of proposed disturbance would measure approximately 12.04 acres of the existing approximately 24 acres of uplands located.on the property. Although the proposed area of construction appears to contain landforms that could be considered dunes, it also displays characteristics typical of Maritime Forest, including clusters of Eastern Red Cedar (Juniperus vrginiana), Live Oak (Quercus Virginiana) and Wax Myrtle (Myrica cerfera). Given the amount of wetlands on the property and the limited amount of developable high ground landward of the ocean hazard setback, there appears to be no other practicable area on the property to locate a 44-lot subdivision. The proposed development of this subdivision appears consistent witIfthe CRC rules governing development within the Ocean Erodible Area of Environmental Concern and would also appear to be consistent with previously issued permits for subdivisions displaying similar site conditions. Coastal Management ENVIRONMENTAL QUALITY October 10, 2017 Land Management Group, Inc. c/o Mr. Greg Finch 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 ROY COOPER Governor MICHAEL S. REGAN Setntary BRAXTON C. DAVIS Dtretfer SUBJECT: Coastal Area Management Act (LAMA) Permit Application Submittal for The Point at OIB, LLC Dear Mr. Finch: This letter is. in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on July 21, 2017 and extended on October 3, 2017. Processing of the application is ongoing. However; it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) The N.C. Division of Energy, Mineral, & Land Resources (DEMLR) has notified us that the stormwater permit application for this project was returned as insufficiently complete to process. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as you have satisfied the requirements of the DEMLR. Once DEMLR has notified the Division of Coastal Management Major Permit Section in writing that no further actions are necessary on the part of the applicant, we will resume processing of your application. If you can provide to this office a copy of the requested information within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. State of North Carolina I Environmental Quality l Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington NorthCaralina211405 9107967215 If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Sincerely, L4iGL .bGI Bather Coats Assistant Major Permits Coordinator Cc: iMHC Files WiRO.Files "Kelly Johnson, DEMLR Tyler Crumbley, USACE State ofNonh Carolina I Environmental Quality l Coastallkfanagement Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 9107967215 J N Q- v 2-S J\7 June 29, 2017 Mr. Sean Farrell, NCDCM 127 Cardinal Drive Ext. Wilmington, NC 28409 RE: NC Coastal Area Management Act (CAMA) Permit Application Brunswick County Parcel 244LH022, The Point OIB, LLC (owner/applicant) Dear Mr. Farrell, We received your information packet on the proposed development on Brunswick County Parcel 244LHO22 for the eastern end of Ocean Isle Beach, NC. As a property owner on the eastern end of the island, I am in favor of responsible land development that does not have a negative impact on the already fragile area of Ocean Isle Beach. We have watched the refurbished beach be eroded by various storms within the past eighteen months. The proposed development would encroach on the salt marsh and the Maritime Forrest which are crucial components in the balancing of the erosion effects in this area. We feel it would be an egregious mistake to allow this land development to proceed as it would change the topography of the land in a negative manner. We thank you for allowing us to voice our opinion. Sincerely, Liz ittlefield Morris Littlefield 14 Baywatch Drive RECEIVED AUG 01 2017 DCM- MHh , y RECEIVED DCM WILMINGTON, NC JUL 0 3 2017 Coats, Heather From: Farrell, Sean C Sent: Wednesday, August 23, 2017 9:31 AM To: Coats, Heather Subject: FW: East end OIB proposed development Heather, FYI. I spoke briefly with Mr. Armfield on the phone. He has objections to the proposed Point, LLC based on potential erosion concerns related to the terminal groin. I forwarded him your contact info and he was interested in scheduling a file review. Shaun said she will schedule that with him. Sean Farrell Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7424 office Sean. Farrel l(o)ncdenr.aov 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: MacPherson, Tara Sent: Wednesday, August 23, 2017 9:08 AM To: William Armfield <warmfiel@me.com> Cc: Farrell, Sean C <Sean.Farrell@ncdenr.gov>; Wilson, Debra <debra.wilson@ncdenr.gov> Subject: RE: East end OIB proposed development H William, I am not involved in this project and have forwarded your questions to both our District Manager and to the Field Rep for that area (both copied on this email). Thanks! Tara Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara. macpherson(o)ncdenr. aov 127 Cardinal Drive Ext Wilmington, NC 28405 Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: William Armfield [mailto:warmfiel@me.com] Sent: Wednesday, August 23, 2017 8:44 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: East end OIB proposed development Tara, I reached out to you Monday but have not received a return phone call. I am inquiring about the permit status of The Point OIB LLC. This development is a very bad idea as it will simply introduce yet another sandbagging event, but his time at the end of the island that has not been bagged up until now. If and when the terminal groin is erected, the town has stated in their 30 year plan that renourishment will not occur east of the groin. Here is what will happen: When this happens, even having a 195 foot setback will start the sandbagging. This is how ugly they are: r Can you please return my call so I may understand how this permitting process has been allowed to continue? Finally, there was a published lot layout a couple of years ago but I cannot find one of the currently proposed 44 lots and would like to see it. Will Armfield Cell(336) 848-6036 ' Recommendations for State Permit — The Point at OIB, LLC 07/28/2017 It is the opinion of this office that the proposed 44-lot subdivision may be found to be CONSISTENT with the Use Standards for Ocean Hazard AEC's (15A NCAC 07H.0306) and Coastal Shoreline AEC's (15A NCAC 07H.0209). In the absence of any concerns from the commenting agencies, particularly from the U.S. Army Corps of Engineers and Division of Water Resources for the proposed 14,527 sq. ft. of `404' wetland impacts, it is recommended that a permit be issued provided it is consistent with all other state, federal, and local regulations. RECEIVED AUG 01 2917 DCM- MHD CITY MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, — The Point at OIB, Ocean Isle Beach, Brunswick County Date: October 3, 2017 The applicant is proposing to develop a 44-lot subdivision including a road, cul-de-sac, pump station, utility lines, stormwater control features, retaining walls and fill and grade for future homes. The project is located at the east end of 5' Street and adjacent to Shallotte hilet and the Atlantic Ocean in Ocean Isle Beach, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are OEA, IHA, and CS. Waters at the project site are classified as SA and are open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Ocean Isle Beach Land Use Plan and offer the following comments. The general area of the project is classified as Residential. In general, Ocean Isle Beach allows development in Residential classified AECs, which is consistent with the State's minimum use standards. The Ocean Isle Beach 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 with the Ocean Isle Beach Land Use Plan update. Cc: File Coastal Management ENVIRONMENTAL QUALITY July 31, 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Gooemor MICHAEL S. REGAN Secrefay BRAXTON DAVIS Uireclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: The Point OIB, LLC Project Location: East end of 5' St., adjacent to Shallotte Inlet /Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & fill -and -grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. X "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. SIGNED Al �i'�//` Cii4 DATED 612' /1 Z State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dove Ext., Wilmington, NC 28405 910-796-7215 0 ROY COOPER rovemur a MICHAEL S. REGAN Secretory Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY July 31,2017 ii ✓#8 jut 3 p017 TO: Heidi Cox ""Isionol vti E Regional Engineering Supervisor WRO. pub �aterKesource Public Water Supply-WiRO Water 01irce FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCa)-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Point O/B, LLC Project Location: East end of 5t6 St., adjacent to Shallotte Inlet /Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & fill -and -grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. r�II__ "Additional comments may be attached'��s � �o � Wb This agency has no comment on the proposei%jject. Pn�ev t& of t.tJ�-✓ (�S. 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�CL`—�� DATED Y L 117 RECEIVED DCM WILMINGTON, NC State of Nord) Carolina I Environmental Quality I Coastal Management AUG 0 4 2017 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY July 31, 2017 163 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coats(Dncdenr.gov Fax: 395-3964 (Courier 04-96_33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Point O/B, LLC Project Location: East end of 516 St., adjacent to Shallotte Inlet / Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & fill -and -grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and ietdrn this form to Heather Coats lat the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. C This agency approves of the project only if the recommended changes are incorporated. See attached. p(,z� II L•�'L°1. Giw-�LLpQre3'u � t1Ap I( 6a.. in2CL.`u"�C.f' t}b't i"ct•S �C':J1 . 11 P Thls1agency objects to the project for r1asons described i® the attached comments. h SIGNED / DATED P44 2e,i State of North Caralina I Environmental Quality I ConUl Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 k Coastal Management ENVIRONMENTAL QUALITY July 31, 2017 TO: Chad Coburn 401 Wetlands DWR-WiRO v ROY COOPER Gowmor RECEIVEDMIDDERR/M JUL 312017 Water Quality Regional Operations Section Wilmington Regional Office MICHAEL S. REGAN Semrory BRAXTON DAVIS DUeclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscnncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Point 016, LLC Project Location: East end of 5`" St., adjacent to Shallotte Inlet/Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & fill -and -grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and .. return this form to Heather Coats at the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. 4o l wt w a-r•I-1-tic o9/ao /rl crc REPLY: ✓ This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED 6' S/_%0��c RECEIVED DCM WILMINGTON, NC SEP 2 9 2017 t'u Water Resources ENVIRONMENTAL QUALITY The Point OIB, LLC Mr. Tyler Dunlap 1770 Camden Way Sumter SC 29153 Subject Property: September 28, 2017 The Point at Ocean Isle Beach ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Brunswick County DWR Project: 2017-0959 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Dunlap, You have our approval, in accordance with the attached conditions and those listed below, to impact 8,638 square feet (0.198 acres) of 404 wetlands in order to construct a 44 lot subdivision as described in your application received by the N.C. Division of Water Resources (DWR) on August 3, 2017, with additional information received on September 28, 2017. This re -issuance of the 401 replaces the previous version issued on September 20, 2017. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4097 (GC4097). 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: http://portal.ncdenr.org/web/wq/sn/ws/401/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 the conditions listed in the attached certification and any additional conditions listed below. �Nothing Compares �� DCM WILM NIGTON, NC State of North Carolina I Environmental Quality I Water Resources 512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 27699-1611 SEP 2 9 2017 919.707.9000 The Point at Ocean Isle Beach ` Brunswick County r■ 2017-0959 Page 2 of 4 The Additional Conditions of the Certification are: 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 {15A NCAC 02H .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. [15A NCAC 02H .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 213 .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 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee 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 appropriate requirements of State and Federal law. If the Division determines that DCM WECEIVED ILMINGTON, NI SEP 2 9 2017 Nothing Compares,.... The Point at Ocean Isle Beach Brunsq(ick County 2017-0959 Page 3 of 4 such standards or laws are not 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)] 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 0213.0200 (3)(f), and GS 143 Article 21A]. 8. 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)].. 9. 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). 10. 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:/// ortal.ncdenr.or web/wq/swp/ws/401/certsandpennits/appiv/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 hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.coiu/ or by calling the OAH Clerk's Office at (919) 431-3000 for RECEIVED DCM WILMINGTON, NC SEP 2 9 2017 Nothing Compares. The Point at Ocean Isle Beach Brunswick County 2017-0959 Page 4 of 4 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 maybe 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 a ncdenr.gov. Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4097 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office Steve Morrison - Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 Heather Coats - DCM Wilmington WiRO/LF RECEIVED DCM WILMINGTON. NC Nothing Compares SEP 2 9 2017 Coastal Management ENVIRONMENTAL QUALITY July 31, 2017 TO: �A�,� . F M: t SUBJECT: Applicant: Project Location: ROY COOPER ECEIVE Go�em°r MICHAEL S. REGAN 1 U L 31 2017 Secretary BRAXTON DAVIS BY: Director 5w �-7050 ram''Oh '' Georgette Scott Stormwater Section DEMLR - WiRO Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenraov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review The Point O1B, LLC East end of 5th St., adjacent to Shallotte Inlet/Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & fill -and -grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Ile rroJ ecj i's f;l rew'e w. This agency objects to the project for reasons described in the attached comments. SIGNEDL� DATED Z l� 7G_ Geclyef¢r ScJf� DCM WECVED ILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management :j 7 P 1 p 127 Cardinal Drive Eat., Wilmington, NC 29405 910-796-7215 \W Coastal Management ENVIRONMENTAL OLIALITY RECEIVED AUG 0 2 2017 ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Direcmr July 31, 2017 ,ADOA PROPERTY OFFICE TO: Tim Walton Dept of Administration State Property Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: The Point 01B, LLC Project Location: East end of 5' St., adjacent to Shallotte Inlet /Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & fill -and -grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. J"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. SIGNED DATED (,�17 RECEIVED DCM WILyyMIINGTON, NC State of North Carolina I Environmental Quality I Coastal Management AUG l p 2017 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 „ r tl� ROY COOPER Cntrrrar MICHAEL S. REGAN SecreraryAUG O 2 POI% BRAXTON DAVIS Coastal Management Dvennr ENVIRONMENTAL QUALITY L HfSU)i� �'- July 31, 2017 TO: Renee Gledhill -Early ER ll' I Dept. of Cultural Resources A Archives & History ` C`1` gill, FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Point OIB, LLC Project Location: East end of 51n St., adjacent to Shallotte Inlet / Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & fill -and -grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached” YThis 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 P', ?9U� DATED T 1 0 ' I} iEi VEG ui,lvi WILMINGTON, NC AUG 2 5 2011 Slaleor North Carolina l Environmm�lel Walily l C.&MI Maingnu,lt 127 Cmdinal Drive Fi 1 , Wilmington, NC 28405 910-796-7215 NK'11 Coastal Management ENVIRONMENTAL OUALITY July 31, 2017 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dtreclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Point O/B, LLC Project Location: East end of 5th St., adjacent to Shallotte Inlet/Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & fill -and -grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATED U 9 I a0L4Vt0"1 Jet �, ., S Received AUG 091017 Stale of North Carolina I Eaviroumerml Quality I Coastal Management 127 Cardinal Drive ExL, Wilmington, NC 28405 D� ■ . 910-796-7215 '\r/11 A RECEIVED 'A AUG o a P017 CIMICi 3 Coastal Management ENVIRONMENTAL QUALITY July 31, 2017 TO: David Harris NC DOT Roadside Environmental Unit ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., INC 28405 heather. coatscDncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: The Point 01B, LLC Project Location: East end of 5' St., adjacent to Shallotte Inlet/Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & fill -and -grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" itff(hoT PE>M17-1kAWpm rvXurt�r�t�,dRrv�UAYf Vla 8�K�4�rffjpFR�lJa7b This agency has no comment on the proposed project. to rr�'a ^°"'• 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 ,� Gu.✓ DATED Od-lz-1.111 RECEIVED DCM WIILMINGTON, NC State of Nonh Carolina I Environmental Quality I Coastal Management AUG 2 4 2017 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 A-L Coats, Heather From: Coats, Heather Sent: Friday, March 23, 2018 4:19 PM To: Dunn, Maria T. Subject: Comments Hi Maria, Thanks for your comments on the TP projects. I also wanted to check back in on the Pointe at 01B. Did you have any comments to provide regarding that project? Just wanted to send a friendly reminder in case you lost track of it after we spoke last Friday. Thanks and happy Friday (again)! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302. office heather. coats bncde n r. oov 127 Cardinal Drive Extension Wilmington, NC 28405 i —/'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. MMORAF,1001 TO: DATE: June 1%,.2018 SUBHM 661 ThUoint aL Oceanlst&Beach, - Fax:' hd 404,6fft Clean, M adidiad6d; 1'GUS6 �ue 1= per. � 90T, Coats, Heather From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army. mil> Sent: Friday, May 18. 2018 10:58 AM To: Coats, Heather Subject: [External] RE: Oak Island- Yaupon Pier minor mod- State permit # 1-18 CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as -an attachment to Report Spam.<mailto:report.spam@nc.gov> Heather, I checked the file. That request came in May 7, and I think we just placed it in the file with no action since there was no Corps regulated activity. We have no objection to on the proposed modification request. Thanks and happy Friday to you! Liz -----Original Message ----- From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Friday, May 18, 2018 9:14 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Oak Island- Yaupon Pier minor mod- State permit # 1-18 Hey Liz, It looks like this minor mod request for the Town of Oak Island/Yaupon pier was sent to Tyler on May 1, but have you seen it? It's just to extend the ramp access up to the pier from the landward side- on the landward side of the frontal dune- so I don't believe it should take any actual permit authorization from you all- but can you please let me know if you have any comments? Your Action ID # for the original permit authorization was SAW-2017-00781. Let me know if you have any questions or need any other info. Thanks and happy Fridayl. Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov <mailto:heather.coats@ncdenr.gov> 127 Cardinal Drive Extension 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. Coastal Management ENVIRONMENTAL QUALITY July 31, 2017 TO: Keith Dycus Local Permit Officer Ocean Isle Beach ROY COOPER Govemor MICHAEL S. REGAN Secremry BRAXTON DAVIS Dimaor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coatsQnncdenr.goy Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Point 01B, LLC Project Location: East end of 5t6 St., adjacent to Shallotte Inlet/Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & fill -and -grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED A DATED IJ� RECEIVED DCM WILMINGTON, NC Stare of North Carolina I Environmental Quality I Coastal Management A U G 18 2017 127 Cardinal Driw Ext., Wilmington, NC 29405 910-796-7215 I oceanisle B E A C H August 15, 2017 Ms. Heather Coats Assistant Major Permits Coordinator 127 Cardinal Drive Ext. Wilmington, NC 28405 RE: CAMA Major Application —The Point OIB, LLC Dear Ms. Coats, The letter is to serve as written comment for the above mentioned project which is proposed within the Ocean Isle Beach town limits. At the October 11, 2016 Ocean Isle Beach Board of Commissioners meeting, the Board unanimously approved the project with certain conditions imposed. One of those conditions was that any proposed residential green space must be graded so residents of the subdivision could traverse it safely. We want to ensure that all potential fill for the site is shown and permitted with this application. I have included the applicable section of the Board's minutes from the October 11, 2016 meeting. Sincerely, Daisey� Town Administrator TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET/ OCEAN ISLE BEACH, NC 28469 (910) 579-2166 / FAX (910) 579-8804 / WWW.OIBGOV.COM Board of Commissioners Meeting (Cont.) October 11, 2016 Page 6 HGAC-CPP assists local governments in reducing costs through government -to - government procurement services and assistance in bidding processes. Chief Yoho stated that the current ladder truck is a 1995 model with a maximum ladder extension of 70 ft. Chief Yoho continued that it is critical the department procure an apparatus with at least 100 ft extension capabilities in order to meet current needs based on property line setbacks. A motion was made by Commissioner Rowell to move forward with exploring and securing financing options for the acquisition of a new ladder truck for the Ocean Isle Beach Fire Department which received a second from Commissioner Blythe. The vote was unanimous. 2. Mayor Smith stated the next item of new business was the Discussion Regarding Group Activity Application for Beer & Brats Event. Mrs. Ivey stated that Ocean Isle Beach Museum Foundation is requesting approval of Group Activity Application to conduct the Beer & Brats Fundraising Event at the Museum of Coastal Carolina on November 25th, 2016 from Spm-8pm. Mrs. Ivey stated the applicant is requesting waiver of permit fee due to non-profit status 501c (3) and has requested use of Town property adjacent to Museum for parking. Mrs. Ivey commented the applicant has applied for liability insurance and the required ABC permit and will provide verification of each prior to the event. Mrs. Ivey noted the event will coincide with OIPOA Annual Tree Lighting and Caroling event scheduled for November 25th, 2016 from 5-5:30pm. A motion was made by Mayor Pro Tem. Walters to approve the event, and all requests, contingent upon receipt of liability insurance verification and required ABC permit. The motion received a second from Commissioner Rowell. The vote was unanimous. 3. Mayor Smith announced the final item of new business was Discussion Regarding Planning Board Recommendation and Review of Preliminary Plat for The Point at OIB. Mr. Whiteside stated that East Coast Engineering & Surveying, P.C. has submitted a Preliminary Plat for a development on the east end of the island and plans to subdivide out 13.66 acres of the total 66.77 acres for development. Mr. Whiteside continued that forty-five (45) lots are planned and 2.11 acres of open space are shown on preliminary plans. Mr. Whiteside stated the Planning Board recommended approval of the Preliminary Plat with the following conditions imposed: • Terminal groin easement to be notated on plat • Public access -ways to be constructed by developer • Any stormwater easements located within Residential Green Space should be notated to be underground • Town portion of Columbia Street to be paved by developer and the Town shall be listed as additional insured when construction is commenced • Place section in covenants allowing beach access easements over private property • All Residential Green Space shall be graded so residents can traverse • 1,000 gallon/per minute hydrant flow shall be shown with appropriate engineering • Remove water and sewer from maintenance requirements of covenants Provide a copy of nationwide wetland fill permit Board of Commissioners Meeting (Cont.) October 11, 2016 Page 7 Mr. Whiteside continued that the vegetation line shown on preliminary plat will need to be re-established due to the environmental impacts of Hurricane Matthew. Mayor Pro Tern Walters made a motion to approve the preliminary plat with conditions. The motion received a second from Commissioner Williams and the vote was unanimous. The Board recessed to executive session upon approval of a motion by Commissioner Williamson, seconded by Commissioner Blythe. The vote was unanimous. Mayor Smith stated an Executive Session was necessary in order to approve minutes of the September 1311, 2016 Executive Session as per G.S. 143-318.11 (1), to consult with the Town Attorney regarding pending legal issues (Jackson/Hill Aviation) as per GS 143-318.11 (3), to discuss Condemnation Mediation per GS 143.318.11 (3) with Town Attorney. The Board returned to regular session upon a motion of Commissioner Williamson with a second by Commissioner Rowell. The vote was unanimous. Mayor Smith stated during executive session the Board unanimously adopted the minutes of the September 131, 2016 Executive Session upon a motion of Mayor Pro Tern Walters with a second by Commissioner Rowell. Mayor Smith stated during Executive Session the Board discussed legal matters with Town's Attorney involving Jackson/Hill Aviation and the condemnation proceedings. ADJOURN Being no additional business was heard, the meeting was adjourned upon a motion of Cor DA AT i� Coastal Management ENVIRONMENTAL QUALITY July 31, 2017 TO: Curt Weychert Fisheries Resource Specialist MHC-DCM ROY COOPER Gevemor i f MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., 6Wilm., NC 28405 heather. coats(oDncdenr.gov Fax: 395-3964 (Courierd04 133 SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Point OIB, LLC Project Location: East end of 51 St., adjacent to Shallotte Inlet/Atlantic Ocean, in Ocean isle Beach, Brunswick County Proposed Project: 44-lot subdivision with road, cul-de-sac, pump station, utility lines, stormwater control features, retaining wall, & hll-and-grade for future homes Please indicate below your agency's position or viewpoint on the proposed project and returrraliisiiorm=fo.HeatheKCoats at the address above by August 24, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: ! This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached /I�rr/ comments. ` V� SIGNED - RECoENED DATED AUG 01 2017 DCM- MHD CITY Received State of North Carolina I Fnviroumental Quality I Coastal Management AUG 2 2 2 127 Cardinal Drive F#., Wilmington, NC 29405 910.7967215 p^� YJC CoastatManagement ENVIRONMENTAL OUALITT MEMORANDUM: TO: Heather Coats, DCM[ Assistant Major Permit Coordinator FROM: Curt Weychert, DCM Fisheries Resource Specialist SUBJECT: The Point OIB LLC DATE: August 21, 2017 ROY COOPER Comma, MICHAEL S. REGAN se eavy BRAXTON DAVIS Director A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the CAMA permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to develop a 44-Lot subdivision including a road, cul-de-sac, pump station, utility lines, stone water control features, retaining walls, and fill and grade for the development of future homes. The project are is located to the west of Shallotte Inlet. Adjacent to the AIW W section of the property is designated Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries. The PNA habitat consists of tidal creek, shallow soft bottom and surrounding coastal wetlands. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs,, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Coastal wetlands are considered among -the most productive ecosystems in the world (NCDEQ 2015). Coastal wetlands are a productive detritus based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Areas of PNA and coastal wetlands adjacent to inlets allow nursery areas for post larval fish to develop and forage. Because of the unique habitat in this project area, any future bulkheading of properties will be objected to by this office. All efforts should be made during this project to prevent any sediment from entering the Oceanside or the tidal creeks of the project area. No temporary fill or disturbance of the coastal wetlands should occur. It is also important to note that the future Ocean Isle Terminal Groin may have impacts to this property area; if future erosion occurs, this office would object to any oceanfront shoreline armoring. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt.Weycbertna,ncdenr.govwith further questions or concerns. State of North Carolina I Envira=ental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-80&2808 1 252-247-3330 (fax) DEPARTMENT OF THE ARMY WILMINGT6N DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE' WILMINGTON, NORTH CAROLINA284034343 October 20120 17 Regulator , y Division Action ID No. SAW-2015=00751; The Point at Ocean Isle -Beach Mr..Doug Huggett Division of Coastal Management North Catoiffia.Depaftm6nt of Environmental Quality. 400. Commerce, Avenue Morehead CkyNorth Carolina 29-557-3421 DearMr..Huggett- Reference the application of Mr, Tyler Dunlap and P& David O'Connell of ThePoint-at OIB, LLC- for construction ofa 441otsubdivision-and 2 roadcrossingsin non -tidal, noorripAdan,404. wetlands at.the. terminus of 5th Street, in Ocean Isle Beach, Brunswick County, North Carolina. The Federal agencies have completed review of the proposal as presented bythe;applicatidn and the -field investigation report pruided by your office.. We recommend that the following .,conditions; be included in the modification to the State authorization: 1.4 All work authorized .bythis ;permit must be'ppfforined.in strict romPliane-c with the, attached submitted'pfansi whibliarea part ofthispermit. Authorized plans include figures 5A 1 7 revised on September 13,2017'. Anymodification to these. plans must be approved by the US Anny-Cbrps of Engineers (USAC13) prior to implementation, 2. In order to compensate forimpacts:assbefiitecl-With this permit, mitigation shall be provided inacc6idance with the provisions outlined on he most recent version of the Attached Cbmpeiisatory-Nfitigation ResNhAbility"frAnsferForm. The requirements of this,forritincludinWany special conditions listed on this form, are hereby incorporated: as special conditions of this perinit authorization. 3. Except as.specified mi the. plans attached to this permit, no excavation,, fill or mechanized lan&clearihg activities to i ' es 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-reducethereach'of waters or wetlands. Received OCT 22 2017 DCM 4, Except as authorized by this permit orany.-USAGE approved modification -to this permit, no excavation, fill. or mechanized land -clearing take, any time infhe� activities shall lac at.any construction or maintenance of thigpPiect, with' waters orwOandsi This permit does not authorize tqTpotaryplacemqntpr dogble,hqncgingqf excavated orfill,material within waters.or wetlands outside thepepilittedarea. This prohibition applies to all an&fill activities cotmectedwiththis project, 5. All mechanized:equiprnent will be -regularly inspected and maintained to prevent. contamination ofwaters-,and wetlaftds from .fuels,-16fibahts, hydrau96.1fuids, or.othet toxi6.maWials. In the,event of a - spill ,dfpettoieum"products ofany other hazardous waste, the, poralittec shall immeAiatety,repbrt it totheN, (�.,Division of, Water,, Quality, at (9 10) 1-33-500, Ext. 526; or. (800) 662• - 7956''dddproV1siohs of tl e.Ndrth.Carolina Oft Pollution and 14azardous Substances Control Xot low he followed.. 6, Unless otherwise authorized bythiApprmiti all fill m!ttorial-.plaqpcVinwaters qrwetlands shall be generated from an upland source and wiff be clean andSTec of any pollutants exceptim #*e quantities.. Metal produp%,orgauiq materials (including debris, from land clearing activiti= as)j- upsi bris4ill not be used. I PaY . ,e, - - 7., Pipelinclutilityzlineconstmetionthroughjun;sd!6tionalwiit&fg.andwetlands will bd accomplished -utilizing &ectional. drilling/b 6phig methods to the makfin= ektdAtpractiebbid. 8: Tem-porarydi'se"-arge-, hbf-excavated or fill.material into Wetlauds and waters of the United States will . be for the absolute minimum period of time accessary, to accomplish thawork. Temporary discharges VvIll'be-fully contained. WithAppr6i)riaieerosioli,cotitrcd6r.-eaniEtfi)ment,glothods-oroiticrw o such fills. will consist ofoon-orgdi6lo.materials, 9: Excavated materials shall be returned to the excavated areas and apy,rein materiatst shall be, disposed, of in, uplands, unless theUSAGEauthorizesdisposalin waters ofthe United: 'States. 10.1 Cleared' wetland areas shall be.re-vegetated:ta the maximum.extentpracttcablewith native eous,species. Fescue grass shall.not be used. J -�pqpip-4,pfc.anppy;4biubj�and�hetbac H. If the permittee discoveis any -p'r-e-v-io'usl-y'unkfio-'w'n'hist"on'c or archeological remains while- accomplishing the authorized I work, he.will immed I iately notify the: ilmingtonDistrict Engim who will initiate the required.codidindtioh proc.edut6s. ft The permittee shaltreguirets contractors and/or,agents to comply with the:terms and, conditions ofteas pemiit in thei.construction and maintenance ofthisprojectiand shall provide each of its contractors and/or4gonig associate with the, construction, mai anc . f- 11 d . or, r�tefi co this, project with 4 copy, of this permit. A. A copy of this, permit, inAluding'all conditions; shall be°availa-ble at the project site during construction and maintenance ofthis Project, -2 0. 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 limitedto,.the immediafeinstallation of silt fencing or similar -appropriate devices around all areas'sqbjeqtto, soil di$tulrbance.or the movement of earthen fill, andAheImmediat& stabilization,ofaTdisturbed areas. Additionally, theprojectmustremain imfulL compliance, with ail, aspects ofthe Sedimentation Pollution -Control Actof 1973 (North Carolina Getieral Statute's Chapter 11 3A Article 4). I 14, The acti-MX wilf becbridu6ted in such a mmmer as to prevent;a significant increase irr turbidity-butside the Area of construction or con�;tructioh-rO]atdd.discharge; increases such that the torbiditym the watexbody is O-W-Us or less in.all rivers not.designated as trout'waters.hythe North CarolinlDiviaidn of Environmental Management (NCDElYI),.:25.NTU's or less,in all,saltwater classes and in all lakes, and reservoirs,. and 16 NTUOs or less M' trout waters, are not considered significant. 15; The'permittqe, upon receipt of &notice of revocation, of this permitor upon its, expiration before completion of the, work will; without expeusetq the United, States and lin.such time and manner as the Secretary of the Army or his authorized representative may'direct, restore the. wateror wetlandlo its pre -project condition. 16. Violations of these conditions or violations of Section 4041 of the Clean Watd.Act or Section,10 of the Rivers and Harbors Act must bemported in writing to the Wilniington.District (13. Army Corps of'Engineers within:24 hours of the pdrmittee's discdydy oftheviolatibm Questions or comments maybe addressed -to fvft. Tyler Crumbley, Wilmington Field Office., Regulatory, ])!vision, telephone (010)2514170- E-Coples Furnished: Mr.,Ddug Augg&tL - NCbEQ/IjCM 1W., Chad, Coburn,- NCDEQ/j)WR Ms. Karen Higgins - NCDEQ/DWR- Ms, Heather Coats — NCDEQ/ljCM Dr. Pace Wjlber—NMFS/HCS Dr, Ken Riley —NMFS/HCS w Pete.'Berijamin — IJSFWSIFEW Mn TWA. -Bowers — USEP.AIWPD Smcerebw- ee� Tyler Crumbley; Project Man; Wilmington Regulatory Field 3 Coats, Heather From: Crumbley, Tyler CIV USARMY CESAW (US)<TYLER.A.Crum bley@usace.army. mil> Sent: Wednesday, September 06, 2017 11:07 AM To: Greg Finch Cc: Coats, Heather; Coburn, Chad; Crumbley, Tyler A CIV USARMY CESAW (US) Subject: SAW-2015-00751 The Point at OIB Follow Up Flag: Follow up Flag Status: Flagged Greg, Per our phone conversation: -Need the JD/impact analysis for the property to the west of the parcel shown (the extension of 5th street adjacent to Shallotte Blvd). Are there waters of the US there? -Why can't the access be from the south on the existing 4th street through those two lots that are empty now (the current access)? This office is going to limit our scope of analysis to the crossings only (when finalized), which we have determined will have no effect on ESA listed species. We will inform the USFWS of these determinations under Section 7 (of ESA). The applicant may need to contact the USFWS however, to ensure no Section 10 (of ESA) coordination is required. Thankyou. -Tyler Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC28403 Phone:910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil G i� Coats, Heather From: Crumbley, Tyler CIV USARMY CESAW (US)<TYLER.A. Crum bley@usace.army. m il> Sent: Tuesday, September 05, 2017 11:25 AM To: Greg Finch Cc: Coats, Heather; Coburn, Chad Subject: RE: The Point at OIB Mitigation Thank you Greg, The application is now complete. -----Original Message ----- From: Greg Finch [mailto:gfinch@lmgroup.net] Sent: Wednesday, August 30, 2017 3:19 PM To: Crumbley, Tyler A CIV USARMY CESAW (US) <TYLER.A.Crumbley@usace.army.mil> Subject: [EXTERNAL] The Point at OIB Mitigation Tyler, Please find attached the mitigation credit acceptance letter from the Stone Farm Mitigation Bank for the Point at Ocean Isle Beach project. Let me know if you have any comments or need anything in addition. Thanks, Greg Finch I Environmental Scientist Direct: 452-0001 x 1928 1 Cell: 910-470-4734 1 Fax: 910-452-0060 Email: gfinch@lmgroup.net <mailto:gfinch@lmgroup.net> Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blockedwww.lmgroup.net <Blockedhttp://www.lmgroup.net/> M. Coats, Heather From: Lewis,Linda Sent: Wednesday, January 24, 2018 1:55 PM To: Coats, Heather Subject: RE: [External] The Point at OIB Attachments: 2018 01 addinfo 171115.docx I'm sure you'll be copied on the permit. I requested additional information, attached. Linda From: Coats, Heather Sent: Wednesday, January 24, 2018 1:29 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: RE: [External] The Point at OIB Hi Linda, I'm just checking back in- can you please let me know when you have reviewed this project and determined your requirements have been satisfied? Thanks in advance! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(cDncdenr. gov 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares�- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lewis,Linda Sent: Monday, January 08, 2018 10:49 AM To: Coats, Heather<heather.coats@ncdenr.gov> Subject: RE: [External] The Point at OIB Heather: An application was received in mid -November, but I have not reviewed it yet. Linda From: Coats, Heather Sent: Friday, January 05, 2018 11:17 AM To: Lewis,Linda <linda.lewis@ncdenr.eov> Subject: FW: [External] The Point at OIB Hi Linda, I'm not sure if you've had a chance to talk to Kelly about this project with the holidays and now the weather event this week, but can you please confirm whether you have everything you need to process the stormwater application for this project? I've had it on hold pending Stormwater's add info needs and will continue processing if your request has now been satisfied. Thanks in advance for any confirmation you can provide and happy New Year to you! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(7o.ncden r.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares.,-..... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Johnson, Kelly Sent: Tuesday, December 19, 2017 9:45 AM To: Coats, Heather <heather.coats@ncdenr.eov> Cc: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: RE: [External] The Point at OIB January 18, 2018 The Point O1B, LLC Attn: Robert Sheahan, Manager 7906 Beach Drive Myrtle Beach, NC 29572 Subject: Request for Additional Information Stormwater Management Project No. SW8 171115 The Point at OIB Subdivision Brunswick County Dear Mr. Sheahan The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application for the subject project on November 16, 2017. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review, please provide the following additional information: I. 15A NCAC 02H.1040(1)(a): In the case of a limited liability corporation (LLC), the application must be signed by a manager or company official as defined in GS 57D. We accept that Mr. Dunlap is an authorized signatory for Robert Sheahan, the manager of The Point OIB, LLC, however,. Mr. Dunlap has been misrepresented on the application documents and on the O&M signature page as a managing member of the LLC. Please correct those documents and resubmit. 2. 15A NCAC 02H.1042(2)(a)(vii): The mailing address for the corporate entity (applicant) listed on the application is not consistent with the mailing address reported on the NCSOS filings. Please correct and resubmit that page of the application. 3. 15A NCAC 02H.1042 (2)(g) Please show all proposed grading contours and invert elevations for the curb outlet swales. The lots are being filled up to elevation 8 at the back. The swale calculation chart on Sheets C6.0 and C7.0 indicate an "invert elevation up" that is less than 8 feet, so most of the proposed swales will not drain to the back of the lot. Please note on the plan sheet where this "invert elevation up" is located. At the street where it enters the concrete flume? After the flume at the beginning of the swale? 4. 15A NCAC 02H.1019(7)(b): a. Within %z mile of SA waters, SCMs must be designed to store, control and treat the stormwater runoff from all surfaces generated by the pre/post volume difference for the 1 year 24 hour storm. The calculations for the permeable pavement volume appear to exclude the permeable pavement itself, however, the design storm will fall as rain on the permeable pavement surface and take up storage volume. For purposes of calculating the required storage volume for designing the permeable pavement, you should consider the permeable pavement as BUA. Please recalculate the minimum design volume and update the supplement forms. b. Everywhere that a curb cut flume will cross under the permeable pavement sidewalk, a 4.5' section of permeable pavement will be removed and a 4.5' section of concrete flume overlaid by a grate will be added. There appear to be 8 curb cuts on the sidewalk side of the street which will reduce the permeable pavement surface area down by'a total of 180 sf. Please update the calculations and the supplement forms. c. How did you determine how much of the lot's BUA to account for in the curb outlet swale calculations? A note on the plans indicates that the building footprint is to be the high point and all runoff is to fall away, so it would appear that a determination of how much house and driveway would eventually drain into the street was made. The Point OIB, LLC - January 18, 2018 Stormwater Application No. SW8 171115 15A NCAC 02H.1050(7) and Recommendations section of SCM design manual Chapter 5, Future Construction Projects: Please provide information on how individual lots and driveways will be constructed so as not to impact the permeable pavement areas. To prevent clogging the permeable pavement from future home site construction, the permit will require. the permittee to provide the following guidelines to lot owners, contractors and builders: a. Route all construction traffic away from the permeable pavement areas. b. Install, inspect and maintain sufficient erosion control measures on each lot. c. Ensure that new lot grading operations do not result in the deposition of sediment onto the surface of the permeable pavement. d. Stabilize all disturbed areas promptly with vegetation. e. Schedule more frequent cleaning with a vacuum or regenerative air sweeper before, during and after home site construction. 6. 15A NCAC 02H.1042(2), .1042(2)(g)(iv), .1042(3)(b), and .1050(1) to support.1042(2)(a)(iv): a. The drainage area map for the curb outlet swales needs to be checked for accuracy. Based on the contour, there is a high point between Al and Al 9, so only A19 should drain to Swale 12 and Al would drain to Swale 11. Also,.unless you have restricted driveway placement to the east side of Lot 44, A19 would need to be extended over to encompass all of Lot 44's road frontage. Similarly, if the road within A06 is graded to drain to Swale 5, then A15 will drain to Swale 11. Similarly, if the road within A07, A08 and A09 is graded to drain to Swale 6, then Al2 must drain to Swale 9. Please label the high points and low points on the drainage area map. b. Please provide a drainage area map for the 5 permeable pavement drainage areas. Permeable Pavement MDCs: 7. 15ANCAC 02H.1050(1), .1003(3)(a), and .1002(43): Please include the design infiltration rate in the soil description provided on the supplement form. The supplement indicates that the drawdown time for the permeable pavement sections is between 1 and 3 hours, but provides no supporting infiltration rate. 8. 15A NCAC 02H.1055(7): Runoff from adjacent pervious areas shall be prevented from reaching the permeable pavement except for incidental, unavoidable runoff from stable vegetated areas. The 8 foot wide shoulder area between the back of the curb and the sidewalk MUST be prevented. from draining across the sidewalk until that area is well -stabilized with vegetation. Otherwise, the fines will clog up the pavement and prevent infiltration. The Division recommends that the shoulder area be sodded. 15A NCAC 02H.1042(3)(b): The following information is considered necessary to evaluate the application: 9. If the NCDOT or the Town of Ocean Isle Beach will take over the maintenance of the street right- of-way, those entities must be willing to maintain the permeable pavement areas per the O&M requirements. Please provide the Division with a letter from the public entity that will eventually take over the right-of-way, which accepts the responsibility for maintaining the permeable pavement areas (sidewalk and bike lane) after the right-of-way is turned over. 10. The runoff entering Swales 15 and 16 will enter at a right angle to the swale, which may cause the runoff to "jump" the backslope of the swale, causing erosion and allowing runoff to directly enter the wetlands. Please indicate how you intend to keep these conditions from happening, such as riprap at the entry point. You may need to alter the curb inlet flume detail to show riprap. How will the runoff be evenly distributed within the swale? If Swales 15 & 16 will be graded flat and simply overflow into the adjacent wetlands and/or beach, please note so on the plans. If swales 15 and 16 will not be graded flat, then where will they outlet? 11. There is about 190 If of curbed road runoff that is not being treated by a curb outlet swale. Is there no opportunity to direct this runoff into a swale within the "Open Space", or into a new roadside swale along Columbia Street? 12. Please note, the permit will require that a layout and grading plan for the clubhouse be submitted to the Division for approval as a plan revision prior to any construction on that lot. Page 2 of 3 Ahe Point OIB, LLC January 18, 2018 Stormwater Application No. SW8 171115 13. Please add a cross-section detail and proposed grading and drainage for Columbia Street. 14. Please print off the O&M plan for permeable pavement. The Division received a signed O&M plan cover sheet but there was no actual Q&M plan for the permeable pavement attached to it. Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations, supplements, narrative, and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 02H.1042(2): The requested information should be received in this Office prior to February 2, 2018, or the application will be returned as incomplete. If the project is returned and you wish to re -submit later, you will need to resubmit all required items at that time, including the application fee. If additional time is needed to submit the requested information please e-mail, mail, or fax your extension request, prior to the original due date, to the Division using the contact information available in this letter. The extension request must include a justification and the date by which you expect to submit the requested information to the Division. Please remember that extension requests delay the issuance of the final permit and that the Division is allowed 90 days from the receipt of a complete application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned application number on all correspondence. If you have any questions concerning this matter, please feel free to call me at (910) 796-7215 or email me at I inda.lew is(runcdenr. gov . Sincerely, Linda Lewis, E.I. Environmental Engineer III GDS/arl: G:\\\Stormwater\Permits & Projects\2017\171115 LD\2018 01 addinfo 171115 cc: Robert Tucker, P.E., East Coast Engineering and Surveying Wilmington Regional Office Stormwater Permit File Page 3 of 3 Coats, Heather From: Johnson, Kelly Sent: Tuesday, December 19, 2017 9:45 AM To: Coats, Heather Cc: Lewis, Linda Subject: RE: [External] The Point at OIB Heather, I had assumed that this one would end up back with me, but evidently it was re -submitted and assigned to Linda on 11/16. 1 apologize for the confusion. Linda, This is a project I returned a few months ago. It was previously SW8 170503 and now it is SW8171115. I'll fill you in after the holidays. . Thanks, Kelly From: Coats, Heather Sent: Tuesday, December 19, 2017 9:04 AM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: RE: [External] The Point at 0113 Hi Kelly, I have no idea- but Greg seems to think it's in-house and being processed. Could someone else with SW have been assigned the resubmittal package? Is there any way you can check? Thanks! Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office h eath er. coats(aD ncde n r. gov 127 Cardinal Drive Extension Wilmington, NC 28405 <�'Nothjng Cornpares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. C.0 tom— October 3, 2017 Land Management Group, Inc. c/o Mr. Greg Finch 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 Dear Mr. Finch: ROY COOPER Governor MICHAEL S. REGAN ser_f_y BRAXTON C. DAVIS Dvec for This letter is with reference to your application for a Coastal Area Management Act Major Development permit, acting as agent for The Point OIB, LLC, to undertake development activities at property adjacent to the Atlantic Ocean and Shallotte Inlet, at the east end of 4th Street, in Ocean Isle Beach, Brunswick County. 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 December 18, 2017, 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, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. cc: Wilmington/MHC Files Tyler Crumbley, USACE Chad Coburn, DWR Sincerely, Heather Coats Assistant Major Permits Coordinator RECEIVED OCT 10 2017 DCM- MHD CITY State of North Carolina I Environnrenni Quaft I Coastal Maregement Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 26405 9107%7215 kA' Coats, Heather From: Johnson, Kelly Sent: Friday, October 06, 2017 9:11 AM To: Coats, Heather Subject: RE: Stormwater permit application for the Point at OIB, LLC Hi Heather. I did return it. They are pretty upset with me. We have a meeting next week to discuss it, and I suspect they will resubmit soon. I think it will -ultimately get permitted. In my opinion the engineer submitted before the design was finished. The original impervious percentage didn't even qualify for low density, and he had to redesign to add permeable pavement in the middle of the permitting cycle. Then, there were design errors with the pavement. We have had a lot of projects submit before the design is finished because they want to get in line since the "line" is so long these days. It has become a problem because we spend our time reviewing applications that aren't ready for review. Management has set a limit of two requests for information before we return applications. I let this one go a bit beyond that, and it still couldn't come together. If you have additional questions just let me know Kelly From: Coats, Heather Sent: Thursday, October 05, 2017 5:13 PM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: Stormwater permit application for the Point at OIB, LLC Hi Kelly, We received an objection letter for the Point subdivision project at the east end of Ocean Isle Beach that said you all returned the stormwater permit application for additional info. Can you please confirm this to be the case? If so, we will suspend processing of our permit application until such time that you have the information you need. Thanks in advance for any info you can provide! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coatsCa ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 c -57- 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. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: The Point at OIB, LLC. c/o Land Management Group 2. LOCATION OF PROJECT SITE: East of end of 5th Street, East end of Ocean Isle Beach adjacent to Shallotte Inlet and the Atlantic Ocean. Photo Index — 2006: 1-6158 L-Q, 10-18 Coordinates: Lat: 33' 90' 02.40" N Long: 78' 39' 14.70" W 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11,02,2017, 03117/2017 ,06/05/2017 Was Applicant Present — Yes, Yes, Yes 5. PROCESSING PROCEDURE: Application Received — 05/26/2017, Completed 07/21/2017 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Ocean Isle Beach Land Classification From LUP — RM-1, single family and two-family residential (B) AEC(s) Involved: OEA, IHA, CS (C) Water Dependent: NO (D) Intended Use: Private Community (E) Wastewater Treatment: Existing — NONE Planned — Municipal Sewer (F) Type of Structures: Existing — unimproved sand access road Planned — 44-Lot subdivision including a road sidewalk, cul-de-sac, PUMP station, water/sewer line extensions, retaining walls, stormwater control features, and fill and grade for future homes. (G) Estimated Annual Rate of Erosion: 6.5' per year Source- 2013 update 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 14,527 sq. ft. (Section 404) (B) Non -Vegetated Wetlands (Open Water) (C) High Ground 12.04 Acres (disturbed) (D) Total Area Disturbed: -- 12.4 acres (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to develop a 44-Lot subdivision including a road, cul-de-sac, pump station, utility lines, stormwater control features, retaining walls, and fill and grade for future homes. RECEIVED AUG 01 2017 DCM- M H D C.. ' The Point at OIB, LLC c/o Land Management Group Page Two 9. PROJECT DESCRIPTION: To find the project site from Highway 17 west of Shallotte, Turn Left onto Ocean Isle Beach Rd. and travel approximately 3.6 miles and continue straight onto Causeway Dr./ NC-904 for approximately 1.12 miles. Turn left onto E. 2' St and travel approximately 1.99 miles. Turn left onto Winston Salem St. and travel approximately 0.03 miles. Take the first right onto E. 4`s st. and travel approximately 0.75 miles. The project area is currently only accessible by from an existing dirt road off just located off the northern side of E. 4`s St. approximately 200 feet from the street end. It is advisable to contact the applicant or the applicant's agent to arrange a site visit as it is a large unmarked property and the project site is difficult to access. The property consists of a 66 acre parcel, comprised of approximately 24 acres of uplands. Elevations on the property range from 5 to 7 feet above Normal High Water (NHW). The property is undeveloped, apart from an existing unimproved sand access road. The applicant's property is bordered by single family residential development to the west, the Atlantic Intracoastal Waterway AIWW to the north, Shallotte Inlet to the east, and the Atlantic Ocean to the south. The property currently maintains approximately 700' of shoreline along the Mean High Water line of Shallotte Inlet and approximately 4,500' of shoreline along the Mean High Water (MHW) line of the AIWW. As you progress north from the MHW line of the Atlantic Ocean, the terrain transitions from open beach to dune ridges with stable natural vegetation consisting primarily of Sea Oats (Uniola paniculata), American beach grass (Ammophilia breviligulata) and dune marsh -elder (Iva, imbricata). The dune system then transitions to scattered clusters of maritime forest vegetation consisting primarily of Live Oak (Quercus virginiana), Eastern Red Cedar (Juniperus virginiana), and Wax Myrtle (Myrica cerfera). The high ground of the property ranges in width from 100 feet to 550 feet as measured from the approximate first line of stable natural vegetation to the bordering `404' wetlands. The existing Section '404' wetlands landward of the Coastal Wetland limit have been delineated and were approved by the U.S. Army Corps of Engineers on August 18, 2016. The Coastal wetlands and Section '404 wetland boundaries become joint in an area located approximately 400' north of the existing dirt road access from the open beach. The Coastal Wetlands landward of MHW are vegetated primarily with Black Needlerush (Juncus roemarianus) Salt Meadow Grass (Spartina patens) intermixed with some Spike Grass (Distichlis spicata), Sea lavender (Limonium spp.) and Glasswort (Salicornia spp.). The Coastal Wetlands located waterward of MHW consist primarily of Smooth Cord grass (Spartina alterniflora). The wetlands range in width from 300 to 850 feet throughout the property. The proposed development is not currently within the designated Inlet Hazard Area of Environmental Concem, adjacent to the Shallotte Inlet. The oceanfront shoreline along the project site has a long term annual erosion rate of 6.5 feet per year, with a total Ocean Erodible Area of 585 feet. The waters of the AIWW are classified as SA and the waters of the Atlantic Ocean are classified as SB by the NC Division of Water Resources. The waters of the adjacent AIWW ARE designated as Primary Nursery Area (PNA) by the NC Division of Marine Fisheries and are OPEN to the harvesting of shellfish. RECEIVED AUG 01 2017 DCM- MHD CITY The Point at OIB, LLC c/o Land Management Group Page Three PROPOSED PROJECT: The applicant is proposing to develop a 44-Lot subdivision including a road, cul-de-sac, pump station, utility lines, stormwater control features, retaining walls, and fill and grade for future homes. All of the proposed development is located within the 585' Ocean Erodible Area of Environmental Concern, beginning from the FLSNV. The applicant is proposing to construct a private asphalt road which measures approximately 35' in width by 900' in length, with an approximate 1,200 sq. ft. cul-de-sac located on the northwest street end. The applicant also proposes an approximately 5' wide sidewalk within the approximately 60' private road R.O.W that would run parallel for the length of the proposed road. The applicant proposes a 4" in diameter sewer force main and an 8" in diameter waterline which would extend east from the existing public utilities at the Columbia St. R.O.W. and parallel the proposed road on either side within the proposed 60' R.O.W. (See figures No. 16-17 of 17). The proposed 900 sq. ft. pump station would be located on the high ground of Lot 20 (See Figure No. 17 of 17). All the proposed upland disturbance for the proposed subdivision is located outside of the 30' buffer, and the only proposed upland disturbance located within the 75' Coastal Shoreline Area of Environmental concern is for the proposed grading for Lots # 21-24. All of the proposed disturbance for the grading, road construction, and utility installation would be located landward of the applicable 195' Ocean Hazard Setback. There is approximately 1,341 linear feet. of retaining wall proposed in seven separate sections along the outside edges of upland disturbance for the subdivision (See figures No. 9-13 of 17). Six of the seven sections of retaining wall are proposed along the northern edge of the property's high ground, along the outer limits of disturbance associated with the proposed grade and fill for the lots and road. The easternmost section is associated with the proposed `404' wetlands fill of approximately 392 sq. ft. (See figure No. 12 of 17, Retaining Wall Inset # 7). The application states that the proposed wetland impacts would be necessary for road/utility installation and would avoid the adjacent Coastal Wetlands. The application also states that the proposed road alignment would minimize potential impacts to other depression wetlands adjacent to the existing unimproved access off East 4'" Street (See page 2 of Project Narrative). Along with the existing depressional wetlands, it is noted that easements for the Town's Terminal Groin project as well as the Ocean Hazard setback requirement would preclude extension from the end of East 4 h street. Between the proposed pump -station and proposed Lot # 21, approximately 12,965 sq. ft. of `404' wetlands impacts are proposed for the road, sidewalk, utilities, and associated grade and fill between two of the proposed retaining walls (See figure No. 10 of 17). The application states that the proposed `404' wetland disturbance adjacent to the proposed cul- de-sac would avoid Coastal Wetland impacts and is necessary for the construction of the road and grading of side slopes. The applicant is proposing a 531' section of retaining wall to be located on the oceanward side of the proposed cul-de-sac and grading for Lot 26. This proposed alignment ranges from approximately 4'-10' landward of the 195' Ocean Hazard setback requirement (See Figure No.11 of 17). The proposed stormwater control features consist of 16 grassed swales located within proposed 10' wide easements between lots (See figure No. 14-15 of 17). Energy dissipaters consisting of riprap are proposed where the swales would meet the toe of the graded slope throughout the proposed subdivision. RECEIVED AUG 01 2017 DCM- MHD CITY The Point at OIB, LLC c/o Land Management Group Page Four ANTICIPATED IMPACTS: The initial proposed grade and fill of the property, including for the proposed lots, road construction, installation of utilities and stormwater features, would result in the disturbance of approximately 12.04 acres of uplands and the fill of approximately 14,527 sq. ft. of `404' wetlands. No impacts to Coastal Wetlands are proposed. The proposed private road extension and cul-de-sac would create approximately 33,600 sq. ft. of impervious surface area. The proposed pump station would create approximately 900 sq. ft. of impervious surface area. The application indicates that the proposed density for future residential units would be approximately 0.7 units per acre. As proposed, all proposed disturbance would be located landward of the 30' Coastal Shoreline Buffer as well as landward of the 195' Ocean Hazard Setback. Subsequent lot development would create additional impervious surface area and would require individual lot owners to obtain CAMA Minor Development Permits from the Town of Ocean Isle Beach. Submitted by: Sean Farrell Date: 07/28/2017 Office: Wilmington RECEIVED AUG 01 2017 DCM- MHD Cl"., CAMA Major Permit Application - Project Narrative The Point at Ocean Isle Beach, Ocean Isle Beach, NC The Point OIB, LLC — owner/applicant May 5, 2017 revised June 30, 2017 Purpose: The Point at OIB, LLC, proposes a fourty four lot, single-family subdivision on Brunswick County Parcel 244LHO22 (former Lot 20 has been removed). All lots would be sited on upland and would be buildable without wetland impact. A single road with cul-de-sac would provide access extending from East 41' Street, with minimal wetland impacts required. Existing public water and sewer systems would serve future homes. No water -dependent structures are proposed. Portions of the proposed development are located within the CAMA Ocean Erodible AEC and the Estuarine Shoreline AEC. Existing Conditions: The site is located at the eastern end of Ocean Isle Beach. The property is bounded to the north by the AIWW/Shallotte Sound, to the east by Shallotte Inlet, and to the south by the Atlantic Ocean. Tax records describe the property as 66 acres in size. However, approximately 42 acres (as shown on tax parcel boundaries) are jurisdictional wetland on the northern half of the property and are comprised largely of semi- diumal salt marsh along the AIWW. Of the remaining 24 upland acres, approximately 14 acres are suitable for future home development based on oceanfront setback requirements (CAMA small structure setback). The long term average erosion rate at this location is 6.5 ftlyear, for a small structure setback of 195' from the first line of natural stable vegetation. No primary dunes exist along the oceanfront, however, a frontal dune is located within the CAMA small structure setback. The Inlet Hazard Area (IHA) along Shallotte Inlet extends onto the northeastern comer of the property. The majority of upland is located in a AE floodzone, with VE zones located along the very eastern end of the property and the beachfront. Waters of the AIWW/Shallotte Sound are designated as "SA Waters" by the Environmental Management Commission and as Primary Nursery Areas by the NC Marine Fisheries Commission. The majority of the 75' Estuarine Shoreline AEC falls within coastal marsh abutting the AIWW. The property is currently undeveloped. Small tidal creeks extend into the marsh on the northern half of the property, and much of the marsh is dominated by Spartina altemiBora. Other marsh species include Distichlis spicats, Limonium carohnianum, Salicomia spp., Juncus roemerianus and Spartina patens. On the western half of the property, a "404" wetland area abuts the coastal marsh. Species such as Morelia cenfera, Juniperus virginiana, Bacchans halimifolia, Scirpus cyperinus, Carex comosa, Spartina patens, and Juncus roemerianus dominate these transitional wetland areas. Upland is comprised of back -barrier, low dunes with a mix of herbaceous dunes and maritime shrub thickets. Upland vegetation in the shrub thickets includes Ilex vomiforia, Morelia cenfera, Juniperus virginiana, Prunus avium, and Quercus minima. Dune vegetation includes species such as Uniola paniculata, Ammophila breviligulata, Spartina patens, and Vltis rotundifolia. Wetland limits were approved by the US Army Corps of Engineers under Action ID SAW-2015-00751 and are valid until August 2021. Coastal marsh limits and the first line of stable vegetation were reviewed and approved by the NC Division of Coastal Management in 2015 and again in June 2017, following submittal of this application. Proposed Improvements: All proposed development falls within the 690' CAMA Ocean Erodible Area AEC. The fourty four homesites are proposed in upland areas and would be buildable without wetland fill. All structures, includingLI . I E D The Point at Ocean Isle Beach, CAMA Major Permit ApplicatioElECEIVED DCMWILMINGTON,NC Project Narrative, revised June 30, 2017 AUG 01 2017 y2- 0 5 2017 DCM- MHD CITY proposed road and future homesites, would be located landward of the 195' small structure setback. The majority of future homesites (lots 1-23 and lots 28-45) are located in an AE flood zone. Lots 24, 25, 26, a portion of lot 27, and the proposed cul-de-sac are located in a VE flood zone. No development is proposed in the Inlet Hazard Area AEC. The majority of the 75' Coastal Shoreline AEC falls within the coastal marsh, however, a portion of lots 21, 22, 23, and 24 are located in the 75' Coastal Shoreline AEC. The 30' Coastal Shoreline Buffer extends onto a very small portion of lots 21 and 22, and future homesites on these lots are designated to maintain the buffer. The proposed road would require "404" wetland fill that could not be avoided. Since this property is bounded by Shallotte Inlet to the east, the AIWW to the north and the Atlantic Ocean to the south, entry into the property has to be from the west. Access from the currently unimproved Columbia Street off of East 4th Street (as approved by the Town) results in a road alignment that would fill a depressional wetland area totaling 1,170 sq.ft. in size. This alignment largely avoids wetlands directly abutting the coastal marsh complex, although approximately 392 sq.ft. at the landward edge of these wetlands are within the right-of- way and would be disturbed by road/utility installation. The road alignment as shown attempts to minimize impacts to those wetlands abutting the coastal marsh complex while maintaining locally -required open spare along existing lots to the southwest. It is noted that the Town's terminal groin easement, two additional depressional wetlands, and the CAMA small structure setback prevented road access from the existing end of East 41h Street. Wetland impacts are also required at the end of the road, at the cul-de-sac. At this location, the road abuts CAMA's oceanfront small structure setback to avoid "404 wetlands" as much as possible. However, approximately 12,965 sqft of wetland disturbance is needed to construct the road and the associated side slopes. No coastal wetlands would be disturbed. Coastal wetland limits will be staked, and a site visit with NCDCM staff would be held prior to beginning work to review the staked limits and erosion control measures. Grading will be required across the site, and in order to avoid further wetland impacts, retaining walls are proposed in five sections along the 404 wetland -coastal marsh limit. Enclosed site plans detail the proposed retaining wall locations and lengths. A 531 ft retaining wall is required on the oceanside (southern) of the cul-de-sac. The retaining wall would be approximately one foot above the final grade and would be more than 195' from the first line of stable vegetation. The cul-de-sac is located in a VE flood zone. In coordination with the Town, the proposed plan with the retaining wall has been found to be in compliance with FEMA regulations. Enclosed plans also provide details and a typical cross section of this retaining wall. No water -dependent structures (such as community docks) are proposed. Although no work is proposed oceanward of the small structure setback, eight beach access easements are proposed. These access easements will provide two community access points, with the remaining access easements to provide shared access (two lots per access easement) for oceanfront lots. Community access boardwalks will be constructed by the applicant. Any boardwalks or similar beach access structures would be requested by future homeowners. RECEIVED AUG 01 Z017 DCM- MHD CITY nEC -IVED DCM WILMINGTON, NC The Point at Ocean Isle Beach, C4MA Major Permit Application Project Narrative, revised June 30, 2017 DCM MP-1 APPLICATION for Major Development Permit (last revised 12,27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) The Point Oib, Llc The Point at Ocean Isle Beach Applicant 1: First Name MI Last Name Mr. Tyler (Doc) Dunlap Applicant 2: First Name MI Last Name Mr. David O'Connell If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1770 Camden Way Sumter SC ZIP Country Phone No. FAX No. 29153 USA 843 - 455 - 5500 ext. (O'Connell) Street Address (if different from above) City State ZIP Email David O'Connell (mroceanfront@yahoo.00m) 2. Agent/Contractor Information Business Name RECEIVED Land Management Group, Inc. Agentt Contractor 1: First Name MI Last Name Laura Stasavich Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3805 Wrightsville Ave., # 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910.452 - 0001 ext. ext. FAX No. Contractor # 910 452 0060 Street Address (d different from above) City State ZIP same Email Istasavich@lmgroup.net <Form continues on back> DCM WILMINGTON, NC JUL 0 5 2017 252.808-2808 :: 1.888-4RCOAST :: www.n000astalmanagament.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick property located off East 411 Street Subdivision Name City State Zip The Point at Ocean Isle Beach Town of Ocean Isle NC 28469 - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - ext. 44 single-family lots proposed, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber/Cape Fear Atlantic Ocean / AIW W / Shallotte Inlet 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 Atlantic Ocean / AIWW / Shallotte Inlet 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. Town of Ocean Isle 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) approx. along estuarine MHW — 2,700 Ift 66 acres per tax parcel boundary (-2,874,960 sqft) c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or min 5,000 sqft, NWL (normal water level) (If many lot sizes, please attach additional page with a list) ranges — 5' to 7' ®NHW or ❑NWL e. Vegetation on tract See project narrative. f. Man-made features and uses now on tract RECEIVED Undeveloped, dirt paths only. AUG 01 2017 g. Identify and describe the existing land uses adjacent to the proposed project site. DCM_ M I-i D CITY Residential- single-family homes h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-1 (residential) (Attach zoning compliance certificate, N applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa 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 ft involve a ❑Yes ®No ❑NA National Register listed or eligible property? GCNI WILMINGTON, NC <Form continues on next page> JUL o 5 2017 252.808.2808 :: 1.988.4RCOAST :: www. nccoastal management. net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit in. (1) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Public sewer will serve proposed lots. o. Describe existing drinking water supply source. Public water supply will serve proposed lots. p. Describe existing storm water management or treatment systems. No stonnwater management featrues exist. Property is currently undeveloped backbarrier dunes and marsh. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublidGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Purpose is the development of a 44 lot subdivision with road and public water/sewer service. Daily use will be private, residential uses associated with single-family homes. 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. Standard contruction techniques for road and utility installation; backhoes, etc. Equipment may be stored on upland portions of the property as needed. d. List all development activities you propose. Development of single-family subdivision with 44 lots; construction of single road and cul-de-sac with 14,527 sqft of wetland impact; installation of public utilities; installation of state -approved stonnwater management features, grading and installation of six sections of retaining wall; two community beach accesses. 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? 12.40 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public acoessway or other area ❑Yes ®No ❑NA that the public has established use of? R E C E I ` ! h. Describe location and type of existing and proposed discharges to waters of the state. No direct discharges to waters of the state are existing or proposed. AUG 0 1 ? () i DCM- i. Will wastewater or stonnwater 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 �Ec _jv o If yes, attach a mitigation proposal. N, NC <Form continues on back> JUL 0 5 2017 ;D ;ITY 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. 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 OENR. 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 Ms. Loris Orzel (Parcel 2441-1-1020) Phone No. 9211 Marina Parkway Myrtle Beach, SC 29572 Address Name Morns and Elizabeth Littlefield (Parcel 244LE00207) Phone No. 117 Wynswept Drive Mooresville, NC 28117 Address Name Mack L. Hewett Heirs (Parcel 2441-1-102201) Phone No. 5020 Nicholas Creek Circle RECEIVED Wilmington, NC 28409 Address AUG 01 2017 Maritime Place Property Owners Association P.O. Box 8126 DCM- MHD CITY Ocean Isle Beach, NC 28469 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. USACE JD SAW-2015-00751 dated 8/18/2016 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. to Enter on Land I understand that any permit issued in response to this application will allow only the development descnbed In the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _May 8, 2017 Print Name _Land Management Group, Inc. (Agent) iI E ` V E ,/J 0,11 7- DGM WILMINGTON, NG 252.808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 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 ❑DCM MP-4 Structures Information RECENEC AUG 01 2017 DCM- MHD �;ITY -iE%- .,VED DCM WILMINGTON, NC JUL 0 5 2017 252-808-2808 :: 1-888.411COAST :: www.neeoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length N/A N/A WA N/A WA WA WA Width Avg. Existing NA NA Depth Final Project Depth NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. RECEIVED AUG 01 2017 DCM- MHD CITY 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. area. area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA []Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: I. (i) Does the disposal include any area in the water? ❑Yes []No ❑NA (ii) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC JUL 21 2017 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill_ Riprap Breakwater/Sill Other i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water None (iii) Dimensions of fill area 14, 527 so.ft. (iv) Purpose of fill Installation of subdivision road. suomergeo aquatic vegetation (SAv), snell bottom (So), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ®WL 14.527 soft ®None (ii) Describe the purpose of the fill in these areas: Construction of subdivision road. R C^ C I V C D AUG 01 5. GENERAL DCM- MHD CI Y a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Silt fencing for temporary stabilization; retaining wall for permanent stabilization. c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. N/A Standard road construction equipment; dump trucks, etc d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A May 8,2017 �"",_-^+�� • t }ISi� Date f The Point OIB, LLC The Point at Ocean Isle Beach Project Name Applicant Name j/�(/�j GZ � a 1t. of *'WA Ed fli � DCM WILMINGTON, NC 252-808.2808 :: 1-888-4RCOAST :: www.nccoasta l management. net 81o8 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 44 lots Development of a residential subdivision with 44 single family lots. Development of associated road with sidewalk (per Town request), installation of utilities (ex community systems), stonnwater management features (per NC coastal stomlwater rules) and retaining walls along proposed grading areas. C. Density (give the number of residential units and the units per acre). — 0.7 units per acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? SYes ❑No ❑NA (ii) If yes, list the date submitted: Approved S&E Plan (Bruns- 2017-047) Enclosed. 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. Impervious cover within the 75' estuarine shoreline AEC to be 4,837 sq.ft.; less than 1% of estuarine shoreline AEC. 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. Total impervious cover = 256,284 sq.ft.; approximately 9% of the total tract Describe proposed method of sewage disposal. Public sewer I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 12.04 acres I. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. asphalt for subdivision road h. Projects that require a CAMA Major Development Permit may also require a Stomnwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? SYes ❑No ❑NA (ii) If yes, list the date submitted: _— May 1, 2017 - Review is concurrent with review of this LAMA RECEIVED application AUG 01 2w DCM- MH,; �,;TY k. Have the facilities described in Item (i) received state or local approval? SYes []No ❑NA If yes, attach appropriate documentation. VED m. Does the proposed project include an in l,�t,m"GVIL'1VIIEION, NC design? 252-808-28082 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-3 (Upland Development, Page 2 of 2) commercial effluent, ' wash down" and residential discharges). No direct discharges to waters of the state are proposed m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Public water supply o. When was the lot(s) platted and recorded? Subdivision as currently proposed. May 8,2017�} Date The Point at Ocean Isle Beach Project Name The Point OIB, LLC Applicant PaTe r Q SsaaT �QAIQCl�U1M"I r Yi�/}9 Applicant Signature Signature ❑Yes ®No ❑NA If yes, attach appropriate documentation. n. (i) Will water be impounded? []Yes ®No []NA (ii) If yes, how many acres? N/A p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ®No ❑NA RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanagement.net revised: 12/26/06 Goose Creek Rd W Pan e RECEIVED AUG 01 2017 DCM- MHD CITY E 7th St _o ESt SITE 4th 3rd S Sources Esri, HERE. DeLorme, USGS, Interma p, increm nt P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri Thailand), E2TomTom, Mapmylndia, © OpenStreetMap contributors, a the GIS User 1000 — 00 1" = 1000' rrolecr: CAMA Major Permit Application The Point at Ocean Isle Boil EIVE uare. 05/032017 nevlsron ware. 34,1W varies Job Number: 02-16-333 �LMG UMMANAGEENTcaollPmc. Enmronmrnmt con:wmne Ocean lsleDWM WILMINGT Title: Post ORioe Box 2522 Wlmoglon, North Carolim 28402 Talephana. 910-452-0001 Vicinity Map Drawn By: LMG Figure: 1 of 17 '^-.. rN Y' CA« , rn wer i 1i7/ V� Part 1� O Tr,, r•7 '� 7000, e ` Island Q`POr • Via'''!-':. ,.: _ - �. - ,y. � ` �; v ' xf, � � �♦ 1 z :t: � � 'i .yyA ,. ,, ,\�� � •`.� ��� JrEr� ' - o `\Q. \O �rO Ocean Isle Beach .'` SITE I Y Copyright:© 2013 National Geogra "• Society, i-c AUG 01 2017 DCM- MHD CITY 0 1000 2000 00 Project: CAMA Major Permit Application Date: Revision Date: LMG The Point at Ocean Isle Beach 05M32017 :AND MANAGEMENTGRO.x "P - Ocean Isle, NC Title: Yale: U 1"=2000' o umber. 02-16-333 -rimnmenta�cooIuft. — PoeOffice Bm25n USGS Topograp@9I* ({LMIN Figure: wlm,,om, Nam cerdlrra 254M Shallotte 7.5 Min Quad LMG 2 of 17 Telosrone. 910452-OW1 vv� u 1 Lul/ CoastalManagcment CNVMOVNINTAI OLALIY July 28,2017 Ms. Laura Stasavich Land Management Group, Inc. 305 Wrightsville Ave, # 15 Wilmington, NC 28403 Dear Ms. Stasavich: ROY COOPER Vz� Gnrmmw MICHAEL S. REGAN Y, c rctun- BRAXTON DAVIS Due, f.r The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for The Point OIB, I -LC, for State approval for development of property located off East Fifth St., at the east end of Ocean Isle Beach, Brunswick County. It was received as complete on July 21, 2017 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 4, 2017. 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 July 212017, 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- l 19(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, Sean Farrell Field Representative cc: Heather Coats, DCM Tyler Crumbley, COE Doug Huggett, MHC Keith Dycus, LPO Chad Coburn, DWR David O'Connell, applicant RECEIVED AUG 01 2017 DCM- MHD CITY I NOTI(0101m7A CAMA PERMIT APPLIED FOR To construct a 44-lot subdivision with road, -. P i • - • I future homes at the east end of 51 St, adjaeent to Shallotte Inlet, in Ocean Isle Beach, BrunswickCounty 0 N CM Q COMMENTS ACCEPTED THROUGH August 24,2017 APPLICANT: The Point OIB, LLC C/o David O'Connell Sumter-, C '!P9152 Agent: Laura Stasavich (803) 452.0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 lara Macpherson, Field Specialist 910 796 7426 M R-0,-2010 11:02 From: Tn:9104520060 P.2,3 Gar Project Is In An- x Ocean Erodible Area - X _ High Hazard Flood Area _, x -inlet Hazard Area Property Owner. The Point OIB LLC Property Address: east end Ocean Isle Beach (Brunswick Co. Parcel 2441-1-1022) Date Lot Was Platted' Current subdivision pMwsed This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Lazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss fromlrazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition thatstructures be relocated ordismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is located is 6.5 feet per year. The rate wns established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as _ ,300 _feet landward in a major storm. The floodwaters in amajor storm are predicted to be about 14-16 feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bogs may be authorized undereertain conditions, The applicautmust acknowledge dais information and requirements by signing this notice in the space below, Without the proper signature, the application will not be complete. -,?tA0140 - SPECIAL NOTE: This heard notice is required for development in areas subject to sudden and massive stoma and erosion. Permits issued for development in th is area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance atyour site.Ifdte property has seen little change since the time of permit issuance, and the proposed development can still meetthe setback requirement, the LPG will inform you that you may begin work. Substandal progress on the project must be made within 60 days of this setback determination, or the setback must be remeasured.Also, the occurrence of major shoreline change as the resuit ofa stami within the 60•day period will necessitate remeasurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after Die permit has expired, Generally, if roundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to cmitinue worts after permit expiration. /%or snore Information, Contac ; Local Permit Officer NC oar of Coagal Marteprnertt 127 Cardinal Dr. Fxt Address Locallt Phone Numt r ntSienature / / Onto e°wrher . go..t,-J e2/3ZGC RECENED AUG 01 2017 DCM- MHD CITY nECENED [)CM WILMINGTON, NC MAY 2 6 2017 0A,,Jwri ';rnr ER AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: The Point OIB, LLC Mailing Address: 1770 Camden Way, Sumter, SC 29153 Phone Number: 843-455-5500 Email Address: mroceanfront(&vahoo.com I certify that I have authorized Land Management Group, Inc. Agent J Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: The Point at ocean Isle Beach at my property located at the east end of Ocean Isle Beach (Brunswick Parcel 244LH022) , in Brunswick County. l 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 ZZ C �. �_^�-� Li. <.,•,�✓ �rrya �^--- �^'"�a9� . jam'" _� ='"�T `=-'' � Print or Type N me l C Title Date This certification is valid through 12 i 31 1 2017 RECEIVED DCM WILMINGTON. NC MAY 2 6 2017 RECEIVED AUG 01 2017 DCM- MHD CITY ■ 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, /� / C `�C.I�/ ❑ • Re ei ved by nrete�Fdd/N1/vam) e C. at or on the front if space permits. %y 1. Article Addressed to: D. Isdeliuer7faddirom Item 1? ❑ If' smell below: ❑ �S I LMINGTON, NC q2�( uaulla Pas 0 5 2017 vtk 60A se- a 5 v v tier ' AeNlde type ❑Regsry�M�ail IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ❑ A Signature ❑ Registered MaiFM ❑ uH Signature Restricted Delivery ❑p p`� 9590 9402 1614 6053 443193 Mail(B) ❑ Certified Mal Restricted Delivery ❑ Rified eturn Receipt for ❑ Collect on Delivery Merchandise 2. Article Numher Rfannfar Innm.en.viro lnl+nn fl Collect on Delivery Restricted Delivery ❑ Signature Congrnetion^ ❑ Signature Confrmation 7015 3430 0000 1345 5230 fired Mail „� I Restricted Delivery Restricted Delivery Ps Form 3811, July 2015 PSN 7530-02-00D-9053 Domestic Return Receipt ■ 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 space permits. 1. Article Addressed to: Akack HuucTi iiU�S 50 a o w1► ilrII Ale ovoy IIIIIIIII IIII IIIIIIIIIIIIIIIIII IIII II IIIIII III 9590 9402 1614 6053 4431 79 7015 3430 0000 1345 5223 Ps Form 3811, Jury 2015 PSN 7530-02-000-9053 Xl�/ ?�1,A,0De B ec v fnted Name • 1 C. Date 0 Del D. Is deliveryaddress dfiterent from item 1? ❑ Yes If YES, enter delivery address below. ❑ No AEG:--IVED M WILMINGTON, NC li it 0 5 9017 3. 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Postal CERTIFIED MAILO RECEIPT 00meStiC Mail only ;tfv,,, ,; F= ; TA i U s E Certifletl Mal Fee x 040_ a Services &Fees (clreckq+ bmMy ❑Rnum Ae ipt lhatl Y) ❑Return Receipt l� bmrW t �.:!I! k Postmark ❑Canute Mail ReaEvWDWM, $ $`I Fill �3 Here �Addt Slp,eNre P••Mrd Dira�Yi�— -1 O Postage Ii.P,7 Postage i17 : (`•,fin 5� -D. 4..SON To I IK RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 2 6 2017 RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 2 6 2017 LMG LAND MANAGEMENT GROUP umc. Environmental Consultants May 8, 2017 Morris and Elizabeth Littlefield 117 Wynswept Drive Mooresville, NC 28117 RE: NC Coastal Area Management Act (CAMA) Permit Application Brunswick County Parcel 2441-1-1022, The Point OIB, LLC (owner/applicant) Dear Mr. and Mrs. Littlefield, This letter serves to notify you of proposed development on Brunswick County Parcel 244LHO22 which is the roughly 66-acre parcel located at the eastern end of Ocean Isle Beach, NC. The Point OIB, LLC, is proposing fourty five single family lots on the property with access and public utilites extending from East 4th Street. Due to its location in a coastal zone, a permit is required by the NC Coastal Area Management Act (CAMA). As an adjacent riparian property owner, you are required by the CAMA Permit application process to be notified. A copy of the CAMA permit application (narrative, application forms and figures) as it has been submitted to the NC Division of Coastal Management (NCDCM) is enclosed. If you have any comments on the project, they can be directed to Mr. Sean Farrell, NCDCM,127 Cardinal Drive Ext., Wilmington, NC, 28409 or 910-796-7424. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, i�' Laura Stasavich Land Management Group, Inc., agent cc: Mr. Sean Farrell, NCDCM, Wilmington office RECEIVED AUG 01 2017 DCM- MHD CITY .._-1-;IvEf- DCM WILMINGTON, NC MAY 2 6 2017 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 Ak�LMG LAND MANAGEMENT GROUP me Environmental Consultants May 8, 2017 Mack L. Hewett Heirs 5020 Nicholas Creek Circle Wilmington, NC 28409 RE: NC Coastal Area Management Act (CAMA) Permit Application Brunswick County Parcel 2441-1-1022, The Point OIB, LLC (owner/applicant) Dear Sir/Madam, This letter serves to notify you of proposed development on Brunswick County Parcel 244LHO22 which is the roughly 66-acre parcel located at the eastern end of Ocean Isle Beach, NC. The Point OIB, LLC, is proposing fourty five single family lots on the property with access and public utilites extending from East 4th Street. Due to its location in a coastal zone, a permit is required by the NC Coastal Area Management Act (CAMA). As an adjacent riparian property owner, you are required by the CAMA Permit application process to be notified. A copy of the CAMA permit application (narrative, application forms and figures) as it has been submitted to the NC Division of Coastal Management (NCDCM) is enclosed. If you have any comments on the project, they can be directed to Mr. Sean Farrell, NCDCM,127 Cardinal Drive Ext., Wilmington, NC, 28409 or 910-796-7424. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, Laura Stasavich Land Management Group, Inc., agent cc: Mr. Sean Farrell, NCDCM, Wilmington office RECEIVED AUG 01 2017 DCWJ&H� CITY ED 001A WILMINGTON, NC MAY 2 6 P01 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 LMG LAND MANAGEMENT GROUP rNc Environmental Consultants May 8, 2017 Ms. Lorie Orzel 9211 Marina Parkway Myrtle Beach, SC 29572 RE: NC Coastal Area Management Act (CAMA) Permit Application Brunswick County Parcel 2441-1-1022, The Point OIB, LLC (owner/applicant) Dear Ms. Orzel, This letter serves to notify you of proposed development on Brunswick County Parcel 244LHO22 which is the roughly 66-acre parcel located at the eastern end of Ocean Isle Beach, NC. The Point 0113, LLC, is proposing fourty five single family lots on the property with access and public utilites extending from East 40, Street. Due to its location in a coastal zone, a permit is required by the NC Coastal Area Management Act (CAMA). As an adjacent riparian property owner, you are required by the CAMA Permit application process to be notified. A copy of the CAMA permit application (narrative, application forms and figures) as it has been submitted to the NC Division of Coastal Management (NCDCM) is enclosed. If you have any comments on the project, they can be directed to Mr. Sean Farrell, NCDCM, 127 Cardinal Drive Ext., Wilmington, NC, 28409 or 910-796-7424. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, Laura Stasavich Land Management Group, Inc., agent cc: Mr. Sean Farrell, NCDCM, Wilmington office RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 262017 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 LMG LAND MANAGEMENT GROUP nNa Environmental Consultants May 8, 2017 Maritime Place Property Owners Association P.O. Box 8126 Ocean Isle Beach, NC 28469 RE: NC Coastal Area Management Act (CAMA) Permit Application Brunswick County Parcel 2441-1-1022, The Point OIB, LLC (owner/applicant) Dear Sir/Madam, This letter serves to notify you of proposed development on Brunswick County Parcel 244LHO22 which is the roughly 66-acre parcel located at the eastern end of Ocean Isle Beach, NC. The Point OIB, LLC, is proposing fourty five single family lots on the property with access and public utilites extending from East 4m Street. Due to its location in a coastal zone, a permit is required by the NC Coastal Area Management Act (CAMA). As an adjacent riparian property owner, you are required by the CAMA Permit application process to be notified. A copy of the CAMA permit application (narrative, application forms and figures) as it has been submitted to the NC Division of Coastal Management (NCDCM) is enclosed. If you have any comments on the project, they can be directed to Mr. Sean Farrell, NCDCM, 127 Cardinal Drive Ext., Wilmington, NC, 28409 or 910-796-7424. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910452-0001. Sincerely, 1� /i..,. 1- Laura Stasavich Land Management Group, Inc., agent cc: Mr. Sean Farrell, NCDCM, Wilmington office RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 262017 www.lmgroup.net - info@lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 - P.O. Box 2522, Wilmington, NC 28402 Dl� 1 11111104 -w- Thi. an ti"'k^ that then P� n, delinquent ad valorem taws, fees, asseserhmis or other liens which the Brunswick County Tax Collector ie charged with collacCrict, that are a lien on: Parcel Number as notated by the Brunswick County Assessor's Office. This is not a cerdfloatfan that the parcel number matches the de _. description. SEP 1 20 Ajtw— Date (Asst) Cal. /Del. Tax Spec. B8689P0Cie... 'P BMP Brunswick County, W Register of Deeds page 1 of 8 Brenda M. Clemons Register of Deeds W18-2015 15:44:06.002 Bruneuick County, NC NC REVENUE $TAM: $11M.00 (n453353) R LL�rL---- " ck Ck ash S Refund: Cash S_FitON ❑Polflm5n1tl0nua10a1ala lilegdeeuetamu6lma _ ofolonal rbWMeraRsismats witted bytinOW . ^IMAM- ...wr NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identifier No. 244LH022. 244LH02203. 244LH02206 Verified by County on the _ day of . 2015 Delinquent trams, if any, to be paid by closing attorney to the Brunswick County Tax Collector upon disbursement of closing Proceeds- MaiMx This instrument was prepared by: Cindy York Attorney. C. York L w PLLC 2030 Eastwood R Ste 7 Wilmington NC 29403 Brief description for the Index: 66,14 Acres 01& Lots 1 and 5. BOr 13, Sec A OB THIS DEED made this day of Sge , 2015, by and between GRANTOR GRANTEE Virginia Alma Williamson, as Trustee of the Virginia Alma THE POINT DIE LLC, Williamson Trust miler Article V of the W01 of Odell Williamson dated September 9, 2010 a South Carolina limited liability company and OIB Holdings, LLC, a North Carolina limited liability company 4593 Oleander Drive I Causeway Dr. Myrtle Beach, SC 29577 Ocean Isle Beach, NC 29469 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 lard situated in the City of Shallotte Township, Brunswick Cmmty,Nonh Camlirnandm mpanicularlyde 'bed 0 follows: See attached Exhibits A and B incorporated herein by reference. RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 262017 arurssuick County, NC Register of needs page 2 of a The property hereinabove described was acquired by Grantor by insWment fecorded in Book 3332 P e 994; Book 3332, Page 985; Book 3268, Page 1162; Book 3269, Page 1071; Boob, Page i.t?� ; and Book, Pag�?�j�. All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Map Cabinet 91 Pages 38-39; Map Cabinet 30 Page 484. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and apptmenances thereto belonging tothe Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized ofthe premises in fee simple, bas the right to convey the same in fee simple, that title is marketable and free and clear of all membrane", and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: (1) Ad valorem taxes for 2015 and subsequent years; (2) General utility service easements and rights of way of record; (3) Matters shown on maps recorded in the local County Registry; (4) Applicable local, county, state or federal government laws or regulations relative to environment, zoning, subdivision, occupancy, use or construction of the subject property; IN WITNESS WHEREOF, the Grantor has duty executed the foregoing as of the day and year first above writtm. {Grantor signature pages follow.) RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 262017 IIIlillllliilllllllilllllllllllllllll a36as aaaai 1:_.W2 Brunswick County, NC Register of Deeds page 3 of 8 OID Holdings, LLC By - Nam 9itle: LAOM Williamsm. Manager Stac:of Norlb Carolina-Coumyor Cityof&wne...I-- L the undersigned Notary Public of the ou City of and Store aforesaid. certify Unit LsDane Williamson. Manoeer of01B Holdirom LLC personalty appeared before me this day and acknowledged the due execution ofthe foregoing ins osocat for the purposes therein expressed. Witness my hand and Notarial stamp or seek this &_day of py2k . 2015. My Commission Expires: 030"4µ, Zp (AffiK Seal) NC Bar Assaciroaa Form No. 3 0 1976, Revised O i/1/f010 Printed by Ageewnnt with the NC Bar Association Nolmy Public Notary's Printed or Typed Nacre RECEIVED DCM- MHD CITY AECEIVED DCM WILMINGTON, NC MAY 2 6 2017 Deed Si®ature Pace IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO PS42 N.0 2 Brunswick County, NC Register of Deaeds page 4 of D State of North Carolina - County or City ofiJewi{ [y 4 the undersigned Notary Public of the County or City of�i DVW and Sude aforesaid, certify that Dr. Odell DeCarol Williamson Marzacr ofOlB Holdings. I t f personally appeared bcfom me this day and aclmowle,d,g�� the duc execution ofthe foregoing irewment for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of�{@1N(7C.V . 2015. My Comosission Expires: Lmo- .wl011,111l11,14l (Affix Seal) G. /( .-U NpTARY s U'k PL•8UG NC Bar Asmcialim Form No.7 01976, Revised ® 1/1/2010 Panted by Ataee m widk We NC Bar Association • C NotaryPublic Notmy's Printed or Typed Name ECEIVE AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 2 6 2017 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RR gaa43mm=o�= os'oa Brunswmk County, NC Register of Deed. page 5 of 8 OB Holdings. LLC B5' / I r Stateof North Carolina-Countyor Cityofs6A—""I 4_ 1, the undersigned Notary Public of the County or City of 481 = _J— and State aforesaid, certify that Vireinia Alm Williamson. Malayef of0113 Holdings LLC personally appeared bdore me this day and aclmowledged the due execution of the foregoing instrument for the purposes therein expressed. Wimess my hand and Notarial stamp ce seal this 6" day of � .. 2015. My Commission Expires: MAq IJ "N'' `, Aa"^ee...rrM . sty, �YNN e°s i Q)" a WW It%O ARy e� l ;t A (.a,n as . NotaryPublic (Affix Seep z AUBL1�' ' otary's Prinl�or Typed Name 4A n NC l u Assocutian Foam No. 3 ® 1976, Revised ® ItIM10 RfaoE by Agrmnwe with the NC Ba Associaion RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 2 6 207 Deed Simature Pace IIIIIIillllllllllllilll111llllllll111 sr--d P06Cl mmo = os'PQoP Brunswick County, NC Register of Deeds page 6 of 8 Nun¢ itle: Virginia Alma Williamson- a Tmstee of the Virginia Alma Will' Trast ad= Article V ofthe Will ofOdell Williamson dated Scutember92010 State of Nonb Carolina - Counry or Cityofi- 4 the undersiped Notary Public of the County or City of &d 4 ,. ,. o- and State aforesaid, certify thaz Virginia Alma Williamson. 2'agaee Qfft VinziniaAlma Will' Tuns[ de Arti 1 V ofthc Will of0dell Williarrosondmed Swtmbr9. 2010 personallyeppeared before me this day and acknowledged the due extortion ofthe f azg instrument for the purposes therein expressed. Q� Witness my hand and Notarial stamp or seal this day of g��1, 2015. My Commission Expires: MAtltl.'Lot(- (A0'ix Seal) NC Bar Asso:ution Form No. 3 0 IM Revised 0 1/ V2010 Printed by Agmnenr wiej The NC Bar Associanou NoR6s Diary Public tary's Printed of Typed Name RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 2 6 2017 IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII Brenda aas45�:. a' OP Brunswick County, NC Register of Deeds page 7 of a EXHIBIT A Being all of that certain parcel of land with total tract area of 66.14 acres according to Revised Boundary Survey for OIB HOLDINGS, LLC and VIRGINIA ALMA WILLIAMSON, TRUSTEE, prepared by East Coast Engineering & Surveying, P.C., recorded in Map Cabinet 91 at Pages 38 and 39 in the office of the Register of Deeds of Brunswick County, North Carolina, reference to which is made for a more particular description, said property being subject to any rights of the State of North Carolina to the Atlantic Intracoastal Waterway Rightvf-Way, and to Area p 1 and Area g2 below the mean high water line as shown on said recorded boundary survey; and subject to any public rights pursuant to NCGS § 77-20. NC Bar As mfim Form No. 3 01976, Revised 01112010 Pnitd by A® .l rvhh the NC Bar A iztiae A AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC mAY 2 6 2017 Brunswick NC RegisIII awes s Page 8 o eaPRop Brunswick County, NC Register of Deeds page 9 of 8 Being all of Lots 1 and 5 of Block 13, Section A, Ocean Isle Beach according to survey for Virginia C. Williamson recorded 1n Map Cabinet 30 at page 494 on August 9, 2004 in the office of the Register of Deeds of Brunswick County, North Carolina NC By Ms m6on Fmm No. 3 C 1976, Rcviwd ® I/IQ010 Pnohd by ApRRnPvt wnh fic NC Bar nc Wiw ECEIVED AUG 01 2017 DCM- MHD CITY �EGEIVED DOM WILMINGTON. NO MAY 262017 Energy, Mineral and Land Resources ■NVIRONNENTAL ONALIYY April 28, 2017 LETTER OF APPROVAL NVITII MODIFICATIONS AND PERFORMANCE RESERVATIONS The Point OIB, LLC Doc Dunlap, Managing Member 1770 Camden Hwy Sumter, SC 29152 RE: Project Name: THE POINT OIB, LLC Acres Approved: 12.4 Project ID: BRUNS-2017-047 County: Brunswick, City: Ocean Isle Beach Address: E Sixth St. River Basin: Lumber Stream Classification: Other Submitted By: Mr. Robert Tucker, P.G. Date Received by LQS: January 10, 2017 Plan Type: Residential Dear Mr. Dunlop: ROY COOPER Gawmor MICI•IAEL S. REGAN &Tmm< r TRACY DAVIS {rvmw This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall expire three (3) years following the date of approval, if no'land-disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Please be aware that your project will be covered by the enclosed NPDES Construction Stormwater General Permit NCG010000. Please become familiar with all the requirements and conditions of this permit in order to achieve compliance. RECEIVED AUG 01 2017 DCM- MHD CITY Division of Energy, Mineral, and Land Resources 127 Cardinal Dr. Extension Wilmington, NC 28405• Phone:910-796-7215 • FAX: 910-350-2004 Internet htto:!lportalncdenr.oralwebArl An Eaual Opportunity %Atfrrnative Acton Employer — 50% Recycled 110% Post Consumer Paper RECEIVED DCM WILMINGTON, NC MAY 2 6 2017 Title 15A \CAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. .Forth Carolina's Sedimentation Pollution Control Act. is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Carol Miller, CPESC Regional Engineering Associate Land Quality Section Enclosures: Certificate of Approval NPDES Permit cc: Mr. Robert Tucker, PE 4918 MAIN ST, SHALLOTTE NC 28459 RECEIVED AUG 01 2017 DCA& IVHD CITY RECEIVED DCM WILMINGTON, NC MAY 2 6 2017 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project'Name: TI4E POINT OIB, LLC Project ID: BRU1S-2017-047 County: Brunswick 1. This plan approval shall expire three (3) years following the date of approval, if no land disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. 2. The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device must be inspected after each storm event (NCGS 113A-54.1(e)). Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113). 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical or less steep (15A \CAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches (NCGS I I3A-52(6)). 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Resources (DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval (NCGS 113A-54.1(b)). RECEIVED RECEIVED DCM WILMINGTON, NC AUG 01 2017 MAY 2.6 2017 DCM- MHD CITY 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites without additional permits under NCGS 7449(7)(d). Disposal at any other location would have to be included as a permit revision for this approval. 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 12.4 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface; over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures (NCGS I I3A-54.1(b)).. 8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning & Design Manual 6.63, Rev. 6�06). 9. Because the sediment traps are shown on the plan as the primary sedimentation and erosion control devices on this project, it is necessary that the traps and their collection systems be installed before any other grading takes place on site, and that every structure that receives more than one acre of drainage is built so that each dewaters only from the surface (\CG010000). If that proves to be impractical, a revised plan must be submitted and approved that addresses erosion and sediment control needs during the interim period until the traps are fully functioning (113A-54.1(b)). 10. A graveled construction entrance must be located at each point of access and egress available to construction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the entrances is critical (113A-54.1(b)). 11. As a condition of the provided XPDES General Stormwater Permit (NCG010000), groundcover stabilization must meet specific time frames. Slopes (including cuts, fills, and ditch banks) that are steeper than 3 horizontal to 1 vertical left exposed will, within seven (7) calendar days after completion of any phase of grading, be provided with groundcover. Slopes that are 3 horizontal to 1 vertical or flatter will be provided with groundcover within fourteen (14) calendar days. 12. As a pan of routine monitoring of the approved land -disturbing activity, the financially responsible party shall assure inspections of the area covered by the approved plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General Statute I I3A 54.1(e). RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 2 6 2017 �aa�°irr� North Carolina Division of Energy, Mineral and Land ResourcesAA �fpa NPDES Stormwater Discharge Permit'*2, Fm.bn! for Construction Activities WDENR ixiM�p Technical Bulletin for NCG010000 Revised Aug. 22, 2013 What is this permit? This is your General Stormwater Permit for Construc- tion Activities, developed to meet federal National Pol- lutant Discharge Elimination System (NPDES) re- quirements. It is separate and in addition to your Ero- sion and Sedimentation Control (E&SC) Plan. Federal regulations adopted by the U.S. Environmental Protection Agency (EPA) and N.C. Environmental Management Commission require an NPDES storm - water permit for your project. In North Carolina, the EPA has delegated authority to administer the NPDES program to the Department of Environment and Natu- ral Resources. The E&SC plan approved by the Division of Energy, Mineral and Land (DEMLR), or a delegated local pro- gram, contains the core erosion control requirements for your project. The NPDES Stormwater General Per- mit contains additional requirements related to a broad- er range of water quality issues. These permits are related, but separate. Both contain conditions your project site must meet. Are there new requirements in this permit? This General Permit reflects changes made in the fed- eral regulations effective Feb. I, 2010, that regulate discharges from construction sites. The federal regula- tions resulted from litigation decisions that mandated construction activities over a certain size must contain additional measures to reduce the amount of wastes and sediment loading that reach the nation's waters. The Department of Environment and Natural Re- sources established the Construction General Permit Technical Advisory Group to guide the development of this NPDES permit. A draft permit was available for public review in May 2011, and the final permit be- came effective on Aug. 3, 2011. The most notable change in the new permit is a re- quirement that ground stabilization, such as wheat straw application, be applied within 14 days from the last land -disturbing activity. For steep slopes, that area must be stabilized within 7 days. Please see page 2 of this technical bulletin for more details. RECENED Do I need to submit a Notice of Intent to have coverage under this permit? AUG 01 2017 No. Your project is covered by this permit upon approval of an adequate erosion and sedimentation control pl that meets requirements for surface dewatering of basins and ground stabilization timeframes.;DC M- VkH D ( What does this permit require me to do? You should read and become fa- miliar with the provisions of this permit. Below is a list of the major requirements, with indications where those differ from the previ- ous Construction Stormwater Gen- eral Permit. Erosion and Sediment Control Plan You must implement the E&SC Plan approved for your project by DEMLR or by a delegated local program. Adherence to that E&SC Plan is an enforceable component of this General Permit. Your E&SC plan will identify areas where the more stringent 7- and 14- day ground stabilization require- ments apply. See "Ground Stabili- zation Requirements" on page 2 of this bulletin. Monitorine and Inspections ♦ You must keep a rain gauge on the project site. • Dedicated demolition and other stockpiles must be located at least 50' from storm drains or streams unless no alternative is feasible (new requirement). • You must inspect all E&SC measures at least once a week and within 24 hours after any storm event greater than a half -inch (during a 24-hour peffZK1VVUu must take immJMW R1QY action for any device f k1ure. , • You must inspect all outlets where stormwater runoff leaves the site and evaluate the effect on near - ON STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT — NCG 010000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM for CONSTRUCTION ACTIVITIES In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended: All owners or operators of stormwater point source discharges associated with construction activities including clearing, grading or excavation activities resulting in the disturbance of land greater than or equal to one acre, or that are part of a common plan of development of that size, are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a separate storm, sewer system conveying stormwater to the surface waters in accordance with the terms and conditions set forth herein. Failure to receive coverage under this permit or violations of any of the conditions listed may result in assessment of state or federal civil or criminal penalties for each day of violation. The General Permit shall become effective on August 1, 2016. The General Permit shall expire at midnight on July 31, 2018. Signed this day July 22, 2016 Original Signed by Toby Vinson for Tracy Davis, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, N( MAY 2 6 2017 Page 1 of 16 COVERAGE UNDER THE GENERAL PERMIT Until this State of North Carolina General Permit expires or is modified or revoked, the permittee is authorized to discharge stormwater in accordance with the terms and conditions of this permit and in accordance with an approved Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources, Land Quality Section, or a delegated local program under the provisions and requirements of North Carolina General Statutes in Article 4 of Chapter 113A to the surface waters of North Carolina or to a separate storm sewer system. The permit, along with state statutes (N.C.G.S. 143-215.1) and rules (NCAC 2H .0100) relating to stormwater permitting are designed to work together to assure compliance with the NPDES requirements of the Clean Water Act. Furthermore, North Carolina rules in Title 15A NCAC 2H .0126 adopt by reference the federal stormwater permitting requirements. Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of North Carolina Water Quality Standards for surface waters and wetlands (15A NCAC 2B .0200). Discharges allowed by this permit must meet all applicable water quality certification or permit requirements as outlined in 15A NCAC 2H .0500 and 2H .I300. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. This General Permit is applicable to point source discharges from construction activities disturbing one or more acres of land. The application to the Division of Land Resources or a delegated local program for approval of a local Erosion and Sedimentation Control Plan (E&SC Plan) shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the E&SC Plan by the Division of Land Resources or delegated local program that includes the following: a. Designation on the plans where the specific ground stabilization requirements apply, a�sspp��r�t99¢¢ ILB.2 of this permit. S Clf C I V C El b. Designs of basins with surface withdrawal as per Section ILBA of this permit. AUG 01 2017 Prior to the commencement of construction and land disturbing activities, approval of the E&SC Plan shall be obtained. DCM- MHD CITY This General Permit revision reflects changes made in the federal regulations effective February 1, 2010. The federal regulations were a result of litigation that mandated that construction activities over a certain size must contain additional specifications that would result in reduced wastes and sediment loading reaching the nation's waters. The Division of Water Quality and the Division of Land Resources established a Construction General Permit Technical Advisory Group (CTAG) to provide them guidance in developing the permit. The CTAG was comprised of 14 members who represented a broad range of environmental, regulatory, government and development interests. A Draft Construction General Permit was prepared and made available for review on May 13, 2011. A public meeting was held on June7th. This permit reflects the input received during the twelve- month development process. Any owner or operator not wishing to be covered or limited by this General Permit may apply for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 dayys5 prior to the time the permit is needed unless waived, by the Director. TEIb ED DCM WILMINGTON, NO This General Permit does not cover activities or discharges covered by an individual NPDES Pe"Wk6 2017 the individual permit has expired or has been rescinded. Any person conducting an activity covered -by an Pave. I of 16 *The individual requirements to be addressed in each E&SC Plan application can be found at httn: Dortal.ncdcnr.org/web Ir erosion . See "Plan check list for designers." SECTION 11.111. - STORMWATER POLLUTION PREVENTION REQUIREMENTS IN THE NC CONSTRUCTION GENERAL PERMIT In addition to the stormwater pollution prevention controls found in the E&SC Plan, this Construction General Permit contains additional conditions that must be met in order to comply with the NPDES program requirements. They are as follows: 1) Construction Site Pollutants Permittee must manage activities on the site such that water quality standards are not violated from site activities or allowed discharges. In addition to stream pollution from sediment discharge, other activities on construction and development sites can result in pollutants reaching the state's waters. EPA has prepared guidance documents that provide best management practices that address many activities. See hiti):I/efnub.era.eovtnoda/stormwatmlmmuolbmnsiindex.efm?action-min measure&.min treasure id=d The following activities, and others on a site -specific basis, require oversight throughout the construction and development process to assure that all water quality standards are protected: a) Equipment Operation and Maintenance - Equipment utilized during the construction activity on a site must be operated and maintained in such a manner as to prevent the potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged onto the ground or into surface waters. Spent fluids shall be cleaned up and disposed of in a manner so as not to enter the waters, surface or ground, of the state and in accordance with applicable state and federal regulations. b) Material Handling - Herbicide, pesticide, and fertilizer usage during the construction activity shall be consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in accordance with label restrictions. c) Building Material Waste Handling i) All wastes composed of building materials shall be disposed of in accordance with North Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules governing the disposal of solid waste (North Carolina Administrative Code Section 15A NCAC 13B). ii) Locate areas dedicated for management of land clearing and demolition debris, construction and domestic waste, and hazardous or toxic waste. This location shall be at least 50 feet away from storm drain inlets and surface waters unless it can be shown that no other alternatives are reasonably available. iii) Dumping of paint and other liquid building material wastes in storm drains is prohibited. iv) Litter and Sanitary Waste - The permittee shall control the management anddRoFiGSWED and sanitary waste from the site. d) Location of Stock Piles -Locate earthen -material stockpile areas at least 50 feet away{ #prg 1 2017 storm drain inlets and surface waters unless it can be shown that no other alternatives are reasonably available. DC �p D CITY e) Handling of Concrete i) Concrete materials onsite, including excess concrete, must be controlled and managed to avoid contact with surface waters, wetlands or buffers. No concrete or cement slurry shall be discharged from the site. (Note that discharges from onsite concrete plants require coverage under a separate NPDES permit NCGI40000.) ii) Any hardened concrete residue will be disposed of, or recycled on site, in accordance with RECEIVED local and state solid waste regulations. DCM WILMINGTON, NC MAY 2 6 2017 Anna G n£ If, e) Inspections are only required to be made during normal business hours. When adverse weather conditions would cause the safety of the inspection personnel to be in jeopardy, the inspection can be delayed until it is deemed safe to perform these duties. (Times when inspections were delayed because of safety issues should be noted in the Inspection Record.) If the inspection cannot be done on that day, it must be completed on the following business day. f) Twenty-four Hour Reporting for visible sediment deposition i) The permittee shall report to the Division of Water Quality central office or the appropriate regional office any visible sediment being deposited in any stream or wetland or any noncompliance which may endanger health or the environment. (See Section Vlll of this permit for contact information.) Any information shall be provided orally or electronically within 24 hours from the time the permittee became aware of the circumstances. ii) A written submission shall be provided to the appropriate regional office of the Division of Water Quality within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the sediment deposition and actions taken to address the cause of the deposition. The Division of Water Quality staff may waive the requirement for a written report on a case -by -case basis. g) Records of inspections made during the previous 30 days shall remain on the site and available for agency inspectors at all times during normal working hours, unless the Division of Water Quality provides a site -specific exemption based on unique site conditions that make this requirement not practical. Older records must be maintained for a period of three years after project completion and made available upon request. The records must provide the details of each inspection including observations, and actions taken in accordance with this permit. The permittee shall record the required rainfall and monitoring observations on the Inspection Record form provided by the Division or a similar inspection form that is inclusive of all of the elements contained in the Division's form. Use of electronically -available records, in lieu of the required paper copies for inspection will be allowed if shown to provide equal access and utility as the hard -copy records. h) Inspection records must include, at a minimum, the following: i) Control Measure Inspections: Inspection records must include at a minimum: 1) identification of the measures inspected, 2) date and time of the inspection, 3) name of the person performing the inspection, 4) indication of whether the measures were operating properly, 5) description of maintenance needs for the measure, 6) corrective actions taken (7) date of actions taken, as well as the date and amounts of rainfall received. ii) Stormwater Discharge Inspections: Inspection records must include at a minimum: 1) identification of the discharge outfall inspected, 2) date and time of the inspection, 3) name of the person performing the inspection, 4) evidence of indicators of stormwater pollution such as oil sheen, floating or suspended solids or discoloration, 5) indication of visible sediment leaving the site, 6) actions taken to correct/prevent sedimentation and RECEIVED 7) date of actions taken. iii) Visible Sedimentation Found Outside the Site Limits: Inspection records must include: AUG U 1 2017 1) an explanation as to the actions taken to control future releases, 2) actions taken to clean up or stabilize the sediment that has left the site limits and 3) the date of actions DCM- MHD CITY taken. iv) Visible Sedimentation Found in Streams or Wetlands: All inspections should include evaluation of streams or wetlands onsite or offsite (where accessible) to determine if visible sedimentation has occurred. i) Visible Stream Turbidity - If the discharge from a site results in an increase in visible stream RECEIVED turbidity, inspection records must record that evidence and actions taken to reduce sedim49t;M WILMINGTON, NC contributions. Sites discharging to streams named on the state's 303(d) list as impaired for sediment -related causes may be required to perform additional monitoring, inspections or MAY 2 6 2017 1) Continuation of Previously Permitted Proiects - Projects and their corresponding activities permitted under the previous version of the NC general permit for construction activities will continue to be valid with the previous permit conditions and will be considered covered under this general permit. 2) Projects submitted prior to the effective date of the permit -Complete project applications that were received prior to the effective date of this permit, but not approved by the permitting authority until after approval of this NPDES permit, can rely on design and management practices effective at the time of application submittal. 3) Implementation of the Erosion and Sedimentation Control Plan (E&SC Plan): a) The Permittee must implement and follow the E&SC Plan, which has been approved by the Division of Land Resources or local delegated program.. The approved E&SC Plan is considered a condition of this general permit. b) Deviation from the approved E&SC Plan, or approved amendment, shall constitute a violation of the terms and conditions of this general permit except that deviation from the approved plan will be allowed: i) to correct an emergency situation where sediments are being discharged off the site, or, ii) when minor modifications have been made that result in an alteration or relocation of an erosion or sedimentation control measure and does not affect the ability of the measure to perform as intended. c) Allowed deviations must be noted on the approved E&SC Plan and maintained at the job site. d) Prior to the commencement of any land disturbance onsite, and during the construction activities, a copy of the approved E&SC Plan and this NPDES construction permit shall be maintained on the site. These documents must be kept current and up to date. 4) BMPs and Control Measures -Consistent with the provisions contained in this permit and the E&SC Plan, the permittee must select, install, implement and maintain best management practices (BMPs) and control measures that minimize pollutants in the discharge to meet the requirements of this permit. 5) Additional Action - If there is evidence indicating that the stormwater discharges from the site are impacting or have the potential to impact surface waters or wetlands, the Division of Water Quality may take appropriate actions including any or all of the following: a) take compliance and enforcement action; b) require the permittee to include and implement appropriate control and restoration measurff� i` I e D c) require the permittee to develop and implement additional site -specific stormwater pojfliZ V G prevention measures; d) require the permittee to obtain an individual permit. AUG Q ] Z017 6) When an Individual Permit may be Required - The Director may require any ownen`operator•q. MHp CITY authorized to discharge under a certificate of coverage issued pursuant to this general ki4vtik o" apply for and obtain an individual permit or a general permit with additional conditions. Any interested person may petition the Director to require an individual permit pursuant to 15A NCAC 2H .0127. Cases where an individual permit may be required include, but are not limited to, the following: a) The receiving stream is of a unique quality and the standard conditions may not provide adequate protection; b) The discharger is a significant contributor of pollutants; c) Conditions at the permitted site change, altering the constituents and/or characteristics (1� RECEIVED discharge such that the discharge no longer qualifies for a General Permit; 8ReV LMINGTON, NC MAY 2 6 Z017 inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b) Effect of an Upset - An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c) Conditions Necessary for a Demonstration of Upset - A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: i) An upset occurred and that the permittee can identify the cause(s) of the upset; ii) The permitted facility was at the time being properly operated; iii) The permittee submitted notice of the upset as required in this general permit, and, iv) The permittee complied with any remedial measures required in this general permit. d) Burden of Proof - In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 5) Inspection and Entry - The permittee shall allow the Director or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to: a) Enter upon the permittec's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d) Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION V PERMIT ADMINISTRATION AND COMPLIANCE ISSUES 1) Time of compliance - Erosion and sedimentation control measures shall be maintained, and self - monitoring shall continue, after the completion of construction and development until the establishment of permanent ground cover sufficient to restrain erosion or until the financially responsible party has conveyed ownership or control of the tract of land for which the erosion and sedimentation control plan has been approved and the agency that approved the plan has been notified. If the financially responsible party has conveyed ownership or control of the tract of land for which the Erosion and Sedimentation Control Plan has been approved, the new owner or person in control shall conduct and document self -monitoring until the establishment of permane� ground cover sufficient to restrain erosion. > o V N Q�® Upon establishment of permanent ground cover sufficient to restrain erosion, the permittee shall *-+ _ request an inspection by the permitting authority to verify the adequacy of the ground cover. C) 4= Z Coverage under the permit shall end when a Sedimentation Inspection Report is issued - e documenting the final stabilization of the site with adequate permanent ground cover. The sign, ¢ :Z Sedimentation Inspection Report shall serve as a notice of termination. 2) Operation efficiency - During construction and until the completion of construction or development and the establishment of permanent stabilization, the permittee shall provide the operation and maintenance necessary to operate the storm water control measures and all erosion and sedimentation control measures at optimum efficiency. r = 3) Corrective action - If inspections required by this permit identify a need for maintenaUmof'tla 0bF r0l" t4C measures, modifications or additions to control measures, or corrective actions to control sseedi � tit 2017 bb pane I 1 of I A 6) Civil and Criminal Liability - Except as provided in Section IV.3. of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 7) Oil and Hazardous Substance Liability - Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8) Property Rights - The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 9) Severability - The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. 10) Duty to Provide Information - The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also famish to the Director upon request, copies of records required to be kept by this general permit. 11) Signatory Requirements a) All applications, reports, or information submitted to the Director shall be signed and certified as follows: i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 0 ii) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or LU ^ U iii) For a municipality, State, Federal, or other public agency: by either a principal executiv> N officer or ranking elected official. 2 b) All reports required by the general permit and other information requested by the Director e Ir shall be signed by a person described above or by a duly authorized representative of that -: person. A person is a duly authorized representative only if: Cr i) The authorization is made in writing by a person described above; ii) The authorization specified either an individual or a position having responsibility for the 0 overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibil'ttyLor RECEIVED an individual or position having overall responsibility for environmental matters fORW WILMINGTON, NC MAY 2 6 2011 Paue 1'i of 16 I SECTION VI DISCHARGE MONITORING AND TURBIDITY LIMITATIONS This General Permit does not include requirements for numeric limits for discharges from construction sites. However, the next reissuance of this North Carolina Construction General Permit (NCG 01) is scheduled for five years from the date of approval of this permit and will contain effluent limitations as required in Subpart B-Construction and Development Effluent Guidelines of Part 450 of the Code of Federal Regulations. SECTION VI 1) Act or "the Act' or CWA - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 2) Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and management practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3) Bypass - The intentional diversion of stormwater from any portion of a stormwater control facility. 4) Control Measures - Refers to any BMP or other structural or non-structural practices and procedures used to prevent or reduce the discharge of pollutants including practices to control erosion and sedimentation. 5) Direct - The Director of the Division of Water Quality. 6) Division - The Division of Water Quality, Department of Environment, and Natural Resources. 7) EMC - The North Carolina Environmental Management Commission. 8) Erosion and Sedimentation Control Plan - A plan developed in compliance with the North Carolina Sedimentation Pollution Control Act of 1973 to prevent the erosion and deposition of W r_ U sediment and other materials into the waters of the State from construction or other land - ? disturbing activities that disturb one or more acres of land. Each plan must be approved by the W 2 NC Sedimentation Control Commission or a program delegated by the Commission to a local o 9) government. Q Ground cover - Any vegetative growth or other material which, when applied to the soil surface, renders the soil surface stable against accelerated erosion. W 10) Normal Business Hours - These are generally considered to be between the hours of 6 a.m. and 6 p.m., or when workers are normally present on the construction site. Weekends and federal holidays are not considered normal business hours unless construction activities are taking place on the site during those times. 11) Permitting, Authority -The permitting authority is the agency that issues the permit. The Division of Water Quality is the delegated NPDES permitting authority and issues this permit. However, some erosion and sedimentation control activities are performed by Division of Land Resources or the locally -delegated programs. Other activities may be shared by the two divisions and the local programs. The Land Quality Section of the Division of Land Resources and the Surface Water Protection Section of the Division of Water Quality maintain a Memorandum of Understanding that specifies specific roles of the two divisions and the local programs and will be used to assign specific control and oversight activities between the agencies. 12) Permanently Cease - When all or part of the land disturbing activity is complete and no additional alteration or disturbance of the land surface is planned prior to final stabilization. 13) Permanent Stabilization - When all soil disturbing activity is completed and exposed soils have been stabilized with a vegetative cover with a density of at least 80% or covered with a structural stabilization method. Permanent perennial vegetation may include the use of sod, shrubs and {QED GTON, NC cover plants mixed with mulching, aggregate or other landscaping techniques. StructuraGAMFtdl1S"I include concrete, asphalt, retaining wall or other stabilization techniques. MAY 2 6 2017 Paan 15 of 16 ALR Monitoring Form Rev. 08012013 Page I of 2 INSPECTION AND MONITORING RECORDS FOR ACTIVITIES UNDER STORMWATER GENERAL PERMIT NCG010000 AND SELF -INSPECTION RECORDS FOR LAND DISTURBING ACTIVITIES PER G.S. 113A-54.1 Land Quality or Local Project Name Program Project # inancialiy Responsible County art , FRP / Permittee INSPECTOR Name mp yer Spector Type (Mark) X caress 'P/Permlttee one um -- - er mar ress �ent/Designee 2T 1A: Rainfall Data Day /Date Rain Amt (inches) Daily Rainfall Required, except for Holidays or Weekends. If no rain, Indicate with a "zero" Al. G 0 12017 t(Optional) 0CM1 MHOIY n (Optional) T 11'• Cinnnfi,rn of Incnac+nr PART 1B: Current Phase of Prolect Phase of Grading check the applicable box(es) X Installation of perimeter erosion and sediment control measures Clearing and grubbing of existing ground cover Completion of any phase of grading of slopes or fills Installation of storm drainage facilities Completion of all land -disturbing activity, construction or development Permanent ground cover sufficient to restrain erosion has been established By this nature, I certify In accordance with the NC13010000 permit & G.S. 113A-54.1 that this report is accurate and complete to the best of my knowledge. ianc#ly �onsible Party I Permitee or Agent / Designee rm tz �m Zrn Date o + GROUND STABILIZATION TIMEFRAMES to Area Description Stabilization Timeframe Exceptions Irimeter es, swales and slopes 7 Days None h QualiSy Water HQW Zones 7 Days None o es Steeper than 3:1 7 Days If slopes are 10' or less in length and are not steeper than 2:1, 14 days are allowed o es 3:1 or flatter 14 Days 7 days for slopes greater than 50' in length other areas with slopes flatter than 4:1 14 Days None, except for perimeters and HQW Zones *Cnr — rnnv of chic form Ac A Wnrr1 Ann and nthar inrn"Atinn see hitn-//nortal ncdenr.ora/web/Ir/erosion PAT MCCROR Go ( DONALD R. VAN DER VAAR Secmrar Environmental Quality MEMORANDUM ISSUED IN CONJUCTION WITH THE DIVISION OF LAND RESOURCES' APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS To: Division of Land Resources, Erosion and Sediment Control Plan Recipient From: Division of Energy, Mineral and Land Resources (DEMLR) Subject: State Stormwater Permitting Requirements This memorandum serves to inform you that because you have received an Erosion and Sediment Control Plan, you may also be required to obtain a State Stormwater permit or an official exemption notice. Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ in session laws, correspondence or permits will remain in these documents and older stormwater permits issued prior to August 1, 2013 unless they are modified. Any construction of impervious area on the subject site, prior to receipt of the required State Stormwater permit, will constitute a violation of 15A NCAC 2H.1000 if a permit is required, and may result in appropriate enforcement action by this Office. The application and directions for submitting the application materials are available online, http://h2o.enr.state.nc.us/su/bmpjonns.htm. You may be required to obtain a State Stormwater Permit if any of the following circumstances apply to this project: 1.) The project requires a Soil and Erosion Control Plan for disturbance of over an acre. 0 2.) The project requires a CAMA Major Permit. LLJ 0 N 3.) The project contains more than 10,000 square feet of new built -upon area. W o 4.) The project is part of a larger common plan of development. Q Either a Stormwater Permit Application Package including two sets of plans, completed X• application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be submitted to the appropriate permitting agency as summarized in the following table. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter is NOT a substitute for the Coastal Stormwater Management Permit, which is RECEIVED signed by the Supervisor of the Surface Water Protection Section. yCM WILMINGTON, NC Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office CERTIFICATE OF PLAN APPROVAL ,he posting of this certificate certifies that an erosion and sedimentation control plan has seen approved for this project by the North Carolina Department of Environmental Quality n accordance with North Carolina General Statute 113A — 57 (4) and 113A — 54 (d) (4) and lorth Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must ie posted at the primary entrance of the job site before construction begins and until stablishment of permanent groundcover as required by North Carolina Administrative .ode, Title 15A, Chapter 4B.0127 (b). z 0 Project Name and Location r, CEIVED S o 1 2017 Ci - MHD CITY Environmental Quality Regional Engineer U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-00751 County: Brunswick U.S.G.S. Quad: NC-Shallotte NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner: LaDane Williamson Virginia Williamson Trust/ OIB Holdings LLC 2 Causeway Drive Ocean Isle Beach North Carolina 28468 Agent: Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Size (acres) 66.77 Acres Nearest Waterway Atlantic Ocean USGS RUC 03040208 Nearest Town Ocean Isle Beach River Basin Lumber Coordinates Latitude: 33.9014 N Longitude:-78.3889 W Location description: The approximately 67 acre parcel (108511555784) is located on the eastern end of Ocean Isle Beach, east of Shallotte Boulevard between the Atlantic Ocean and the Atlantic Intracoastal Waterway (AMM. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . 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). 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. B. Approved Determination X 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 waters of the U.S. including wetlands on your project area 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. X The waters of the U.S. including wetlands 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 i1 poti�l3�r our published regulations, may be relied upon for a period not to exceed five years. KK ll�� ��Ivv ED AUG 01 Z017 Page I of 2 REGt=1VED DCM- MHD CITY DCM WILMINGTON, NC MAY 262017 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 _. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area 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. 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) 796-7215 to determine their requirements. Placement 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 Kyle Dahl at 910-251-4469 or Kv1e.J.Da hlQusace.a rmv.m il. C. Basis For Determination: This review area exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. Wetlands on -site are considered adjacent to a Traditional Navigable Water. The site also contains other waters of the US and Section 10 Traditional Navigable Waters. This determination is based on a site visit conducted by Corns PM Kyle Dahl. A depiction of the extent of Section 404 iurisdictional is accurately depicted on the enclosed map titled "Preliminary Upland/Wetland Sketch Delineation Sketch" dated December 2014. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 RECEIVED AUG 01 2017 DCM- MHD CITY In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 10/14/2015. **It is not necessary to submit an RFA form to the +iision Office if you do not object to the determination in this correspondence.** ' Corps Regulatory Official: Date: August 14, 2015 Expiration Date: August 14, 2020 i-IECi-iVED DCI\A WILMINGTON, NC MAY 262017 LMG LAND MANAGEMENT GROUP rNc. Environmental Consultants July 20, 2017 Mr. Sean Farrell NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Revised Application Materials for CAMA Major Permit The Point at Ocean Isle Beach, The Point OIB, LLC (owner/applicant) Dear Sean, ECEIVE BY: On behalf of The Point OIB, LLC, please find enclosed revised application materials for the above - referenced application as requested in your July 6, 2017 letter. Revised Sheets 1-17 are enclosed along with revised MP2 and MP3 forms. Please let us know if you have any questions, and thank you again for your assistance. Sincerely, Laura Stasavich Land Management Group, Inc., agent Encl: as stated cc: Mr. David O'Connell, The Point CIE, LLC Mr. Robert Tucker, East Coast Engineering RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 LMG LAND MANAGEMENT GROUP n- Environmental Consultants June 30,2017 Mr. Sean Farrell NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Revised Application Materials for CAMA Major Permit The Point at Ocean Isle Beach, The Point OIB, LLC (owner/applicant) Dear Sean, On behalf of The Point 0113, LLC, please find enclosed revised application materials for the above - referenced application. The mapped coastal wetland limit has been corrected as discussed during your June 2017 site visit, and proposed wetland impacts have been revised. Revised Sheets 5-13 are enclosed, along with revised MP1 and MP2 forms and a revised project narrative. Certified mail tracking receipts from the adjacent landowner notifications are enclosed. All required copies (27) of the application materials will be provided when directed by your office to do so. Thank you for your assistance. Sincerely, Laura Stasavich Land Management Group, Inc., agent Encl: as stated cc: Mr. David O'Connell, The Point OIB, LLC Mr. Robert Tucker, East Coast Engineering WC) JUL 0 S 2017 RECEIVED AUG 01 2017 DCM- MHD CITY REC'-iVED DCM WILMINGTON, NC 0 5 2017 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 tLMG LAND MANAGEMENT GROUP rtc. Environmental Consultants MAC b lull May 25, 2017 Mr. Sean Farrell NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Revised Application Materials for CAMA Major Permit The Point at Ocean Isle Beach, The Point OIB, LLC (owner/applicant) Dear Sean, On behalf of The Point OIB, LLC, please find enclosed revised application materials for the above - referenced application. The mapped coastal wetland limit has been corrected as discussed, and proposed wetland impacts have been revised. Revised Sheets 5-13 are enclosed, along with revised MP1 and MP2 forms and a revised project narrative. Certified mail tracking receipts from the adjacent landowner notifications are enclosed. All required copies (27) of the application materials will be provided at your request. Thank you for your assistance. Sincerely, Laura Stasavich Land Management Group, Inc., agent End: as stated cc: Mr. David O'Connell, The Point OIB, LLC Mr. Robert Tucker, East Coast Engineering RECEIVED AUG 01 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC www.lmgroup.net - info@Imgroup.net - Phone: 910.452.0001 - Fax: 910.452.008WAY 2 6 2017 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 - P.O. Box 2522, Wilmington, NC 28402 At*�LMG LAND MANAGEMENT GROUP mc. Environmental Consultants May 8, 2017 Mr. Sean Farrell NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Application for CAMA Major Permit The Point at Ocean Isle Beach, The Point OIB, LLC (owner/applicant) Dear Sean, On behalf of The Point OIB, LLC, please find enclosed a CAMA Major Permit application for development of Brunswick County parcel 2441-1-1022, located at the eastern end of Ocean Isle Beach. The applicant proposes to provide fourty five single family lots with access and public utilities extending from East 4"h Street. Additional details are provided in the enclosed project narrative, application forms and figures. Adjacent landowner notifications have been mailed, and certified mail receipts will be forwarded once received. All required copies (27) of the application materials will be provided once the application has been accepted as complete. Thank you for your assistance. Sincerely, A� Laura Stasavich Land Management Group, Inc., agent Encl: CAMA Major Permit application package $400 application fee check cc: Mr. David O'Connell, The Point OIB, LLC RECEaVED AUG 01 2017 C)'CM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 0 S 2017 0 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 Coastal Management ENVIRONMENTAL QUALITY July 31, 2017 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for The Point OIB, LLC I Brunswick Co. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Kyle & Heather: Please publish the attached Notice in the Thursday, August 3, 2017 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerely, Ate— q� . Shaun K. Simpson Permitting Support &Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM RECEIVED AUG 01 201? DCM- MHD D;7Y State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On July 212017, The Point OIB, LLC, proposed to develop a 44-lot subdivision at the east end of Slh St., adjacent to Shallotte Inlet / Atlantic Ocean, in Ocean Isle Beach, Brunswick County. A copy of the application can be examined or copied at the office of Sean Farrell, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7424) 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 August 24, 2017 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED AUG 01 2ov State of North Carolina I Environmental Quality I Coastal Management DC M- M - ' I) CITY 127 Cardm it Drive Ext., Wilmington, NC 29405 910-796-7215 NC Division of Coastal Management AEC: Shallotte Inlet/AIWW Fee: $$400 0t8350 CDAITS _ MHC cc Major Permit Application Computer Sheet Applicant: The Point OIB, LLC Agent/Contractor: Land Management Group, Inc c% Laura Stasavic Project Site County: Brunswick Staff: Sean Farrell District: Wilmington Project Name: The Point at Ocean Isle Beach Subdivision Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 5-26-17 Date application 'received as complete' in the Field office, �� } SITE DESCRIPTIONIPERMIT INFORMATION ORW: []Yes No PNA: es No Photos Taken: Yes No❑ Setback Required (riparian): []Yes No Critical Habitat: Yes o ❑Not Sure 15 foot waiver obtained: ❑Yes No and Notification Returned: es ❑No SAV: ❑Yes No []Not Sure Shell Bottom: ❑Yes ❑Nc Not Temporary Impacts: ❑Yes ONO Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use classification come from LUP: ❑Yes Mitigation Required (optional): ❑Yes )<No county go Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ❑No ❑NA .k,O D� ❑Yes []NoA Shellfish Area Designation: Project Description: (code) Development Area: (code) pe -or- Closed Z< 11 4&r S SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) marsh oordgrass (Spartina ❑ (SY) Salt reed grass (Spartina opatens) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis rush or three square (S .rpus (TY) Cattail (fypha sp.) spicata) ❑ (JR) Black needlerush (Juncos /meadow grass (Spartina rcemenanus) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major IV Any development involving DV of permit - $100 permit - $250 more than 1 acre - S475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 REGE ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 AUG 0 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 M- M H D CITY The Point at OIB Date: 5-26-17 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 New Work Replace Maint El ❑Y (Z.q New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New MCC] —Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total 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 temp impacts) impact amount) temp impacts amount Dredge ❑ Fill 9Both ❑ Other ❑�7Z Dredge ❑ Fill IX Both ❑ Other ❑ Li 5 v t 19 S7i Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ VFn Dredge ❑ Fill ❑ Both ❑ Other ❑ AIM 9n17 DCM- MHD CITY 919-733.2293 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 10/12/06 41 MAJOR PERMIT FEE SCHEDULE X F Development Type Fee DCM % DWR % 4300160143510009316256253 2430016024351000952341 I. Private, non-commerciai 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 of any wetlands or open water areas $400 100% $400 0% (SO) III. For development that involves the filling andlor excavation of up to 1 acre of wetlands andlor open water areas, determine it A, B. C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4097 See attached can be applied. $250 100% $250 011/0 $0 III(B) Public or commercial development, if General Water Quality certification No. 4097 See attached can be aLplied $400 100% ($400) 0% $0 II(C).!if General Water Quality Certification No 4097 (see attached) could be applied. but QCM staff determined that additional review and written DWR concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 BI(D). If General Water Quality Certification No. 4097 see attached cannot be applied: $400 60% $240 40% ($160 IV Development that involves the filling andlor excavation of more than one acre of wetlands andtar o en water areas: $475 60%($285) 40% ($190) AUG 01 2017 RCM- fw''wi T, i Date Date Check From (Name) Name ojPermit Holder Vendor Check Check Permit Number NOTES Received Deposited Number amount 5/31/2017 Land Management The Point LLC First Bank 48350 $400.00 major, east end OIB, SF rct. 42576 Group 1 BrCo I split $240/$160 } W � U N O r� V L'7 UJ ¢ � U SWALE CALCULATIONS -GRASSED a . ` . . . . . . • ` • •`.LPIf.IUONALSOEBDITDLI 005 . . . 1 DA LOHTRBInNG OEPMDE OEPM6 YWM CiACNAICNAHREL 'MTE(1 ALEWATELNER IEMGM NVEItT(N' ELEV appElwl SLOPE NDTx SVIyE SVYLE YELCCM UPRCT' UPACT'� REWNEDY Itm MNI UP . . . LL . a . LL . ` . LL . . + . + . . ` . . ` . + . . ` . + . . ` . . ... 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IMPERVIOUS AREA cE EI"SGALLOWABLE IMPERVIOUS SURF ACE 12%/ 22K'Y/6 SE 0,�4" PROTECT IMPERVIOUS SURE 4CE 12-22X.9t6 Si .,DIELOTS ATEDAT LreECWBDIDIHAT PPINE E YRiESEET is 1SWEET FLOW AEBU FROMDEAU THE STRUr URE RU I HIP E ISLL j�sxEEr anw nwnr FRDM rxE srBGEnaE Ar lao.. MtnyC3}-pENDBDAALALOCATIIOONFOREA(HLO " 'DFVE ONWDH TIE NMBNAA La ETIONALREAC HLDIIsINDEPENDENTOE SIDEWAS LOCATED WITHIN THE RIGHT Or WAY PCOMMLEOTY ACCESS EASEMENT TO BE EARTHEN MATERIAL TO REMAMPERVIOUS RETAININGWLLL is provided by East Coast Engineering, SAllotte, NC CAMA Major Permit Application Date: The Point at Ocean Isle Beach 05/052017 Ocean Isle, NC Scale:1N=�I Stormwater Plan 2 MIALL THE USED THROCHRODT THE SITE TO ENSURE GREEN THE DEVELOPIDENT RECEIVED AUG O1 2017 I , «DGAAND CITY s L (ONMU 1 ACC S. .. _1. 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BENDS �p TH STREET BURIGHT-OF-WAY s� 5� E�5 � �s IX"N�SfE 5 CAMA Major Permit Application The Point at Ocean Isle Beach Ocean Isle. NC Utilities Plan 1 T\\ TERMINAL GROIN EA6EMENT '—\\ ✓O 1 �♦ +� 10 HANTS WI.EXTER 11.11. FEET EXAM A STREET. READ OR .H.WAY HART OF WAY THERE IRLIALL BE NO MENEC NOTE INOTIFY ENCINCITS IF CIASHILELTA EXIST P ASEEN VVII.E. S E_AStl MWEA. INW MG`W DII rWEEN NEWERLL WATER AND fTER OVER SEWER IP MIN CNLS OTHERWISE SPEOERID NOTE PRESSURE MWOR SYSTEM SHALL BE INSTALLED IN 11 GLEN SHALL BE LEC CLOY AT LEASET M ITET AWAY FROM ALL W ETIAV,M OR INSTALLED AN REDEFINES BY 15A NCAC XLPAYA nPON OF IS EMT FROM ALL N HANDS n1. / ✓ AUG 01 2017 � IN2a2tlIa Pvvn By. IDLAW. 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VIC nnfio v� vv `v AA Project: vv v v Avv v v VA /x CAMA Major Permit Application Date: Revision Date: The Point at Ocean Isle Beach 05105/2017 07/19/2017 \ \ \ \ \ Ocean Isle, NC Scale: JJOID Number: \v A Title: 02-16333 0- RECEIVED �IHSTNCCTC v VAV Utilities Plan 2 Drawn By: Figure: WILMINGTO V vv A� V 17 of 17 opCM < IN 21 7017 4 =11s a� �N e� RECEIVED AUG 01 2017 DCM- MHD CITY Adjacent Riparian Landowner 244LE00207 - Littlefield Adjacent Riparian Landowner 244LE00223 - Maritime Place Property Owners Subject Parcel 244LHO22 �. Adjacent Riparian Landowner 244LHO20 - Orzel Tax parcel boundaries obtained from Brunswick County GIS. World imagery from ArcGIS. ^T ian Landowner Mack Hewett Heirs a E• !/ d der AF er,f y r ✓: r � �rl. ,-ul"2 -•�4 � . +r s r for Ki"- � d Glob'/G oEve Earthstar Geoicsr CNES%Airbus•DS LMG LAND MANAGEMENT GROUP me Environmenrol Consultanrs Post �u emr 252E Imirgtan, Norio Cardim 28402 i Cl: CAMA Major Permit Application The Point at Ocean Isle Beach Ocean Isle. NC ECEP Adjacent Ripari 1� W99 1000 2000 4000 mmmmmmomi Date. Revision Date: 05/03/2017 Scale: Job Number: 1"= 2000' 02-16-333 By YLMG Figure: 3 Of 17 ATLANTIC INTRACOASTAL— — — — WA7ERWAY MEAN HIGH WATER LINE OF OLD SOUND UNMO NUMENTED P DINT CREEK IN WATER WAY (TYP.) N dSWI'/iI"L• IBIA63' __�— � A'. t'........ ....' a. -�.." _ Q Jr' J' 'Y / / / / R a / W!. I �F / / / / / / / / / / / l 5 x a F I�III�TiER�•. / / / / / / 3 �9!1Ef n0.EA hJe56 I I — 1 ET N 81°LiLs.. E AY ST ITH STREET RI�ILHT-0E-WAY J Lf � vvul rve �T _ a WETLAID IMPACT AR' A iERMINAL,iRUIN / IIV SF & \ y ,R /—�GSEMEriT sa'z4z ^w V J/f' .� EIRST LINE OF STA811 / 4(ETATION Ia 11 z- Xln \ NAG R J ^/ I IKI v' I SN(MFLME AEC / HI COASTAL SNORELINF RL". l5'AE('ARFA -NI Aan SL JOINT COAST 04 WETLAND LINE/ L MARSH LINE BY LMG � /%i LAND MANAGE MENT GROUP 56Al2'21.,W , J BEGIN WETLAN 41 STABLE VEG TATI N LANOLROE / / _ /Y�1 V Y MEA WAT>FR LINE OFF f -i __i1TLANP'IOOCEA_N \ B RECEIVED AU6 01 2017 CAMA Major Permit Application Date: The Point at Ocean Isle Beach Ocean Isle. NC Scale: Overall-CAMA Resource Areas S c r � / T / , pp N a OUNDARY LINE TABLE LINE BEARING DISTANCE L1 N'ON50'0f^W s9.%' L2 .N31'01'19^E 4.68' Ll N53-2226^E 114, U NT2-35.39"E 67166' LS N32-49'17"E 60.86' L6 N35°55.46"E 1145- L1 N4P59'30^E "56' L8 N14°15'29"E 49J1' L9 NIF36'20^E "61- LIS N"'22'36^£ 42.8P Lll N41'48'52"E 4298' L12 N'61°48'43"E TL 72' L13 N43'11'14"E Will L14 N65-37'29"E 2A64' L15 S805T30"E 3&34' LI6 S38°IO7d"E 43.60' Ltl S23'O6'43"E 51J9' LI8 S15'0J'13"E 50.70' L19 S 12'38'12" E 69.85' L20 Str49'35"E 6873' L21 S02-5526^E 75.59' L22 S08'03'22"W 1 70.%' L23 S02°50.14^ W 78.62' L24 S01'5240^E 69.%' L25 SOI-45.29"E I 1L20' Revision Uate: 05/05/2017 07/19/2017 o um -r 1 ", 2=.. 02-16-333 5 of 17 E-4z Uz F I -a w p W z z F" 0 �z J W a z� W �z o ¢ U W " O Sk ASL ^ p xer r.; . � i ' f 3rd Resource boundaries are mapped for orientation and reference only. See enclosed approved wetland survey and plans for exact limits. See plans for CAMA AEC limits and setbacks. World imagery from ArcGIS. 4 O a ,r ' i► 'L+ r • Legend: r ' Tax Parcel Boundary First Line of Stable Vegetation T r "404 Wetland" Limit !^ Coastal Marsh Wetland Limit f '^ Joint "404"/Coastal Marsh Limit ' Inlet Hazard Area Limit d �fr / r�� r +IUG�Hfii2j7 ,y i r, r � Igital b r eoEye lEarthstar Geographics! CNES%IAirbus DS. - ,j,G d�the 3 0ser Community / 1/1 111 I11 \CAMAM16 CAMA FILESW2-16 M3 — _.. m7 W Dr15ETBACK 30• - .... N cal Tn Tw rvbR*) t b),5 e).M • • • • • • / ^ OPEASPAGE . DISTIiRDAN(E - - m I = r---' •� - 1 0D 1 Ml'RIM'ktl ��'•'•••• •'•''-M(OAST\I \IIIW41 fu4 XLffER i / \ V WILL AA D /� •. .'.• // f. •' / A < 1 AR.NFIELD +( /�•• ^ I / \11 D I ''> •• •'11EAN MIDI VRIER IINE'. ••/-///�• / �l jI ✓ \t J / 1 i• O 1 _ ✓ •••••• OF OLD SWND CREEK '.' mq I ILINDA pLLOq- •f )S AT( A. PSb S4 •� ' ) f��J f/ % / /I '/ �'EGETAl1VESETDACR 1. / D O , �GEORCEABLEN % /Y !� ,>; /' j /' /�,!' l��/ / y/�' /• _ /J 06 / 1 y ��f�)) �C / _• SHORELINE ALC �, I 11 �•. ! �������/ A/r .F' .�'�f'Z����l �� .R..�.•. �I RM �/ Cr C _•••'•{A'AA • .•. •..�.•. •. •.•.•. •. •.•. LM FTIANDIIMIT / W J �J �• �y/��L • / \ I. MBS \ 1% I/ / '•'••••�•/� ��•� �� / IIMR RNA GY,EN SP .I. •. •. •. p$i1:RXAN('E • i1 / sHAP,V .�•. .{/��Yy �'�!�(•�f I. ••.�. �4�:f\yam / VI Ix 0 EA • �• A/ AA A �A A \ s > WETLAND MOG D ARf,A FIRST LE $TASTABLExi w . � .�• / \ O\\ O \ \ ✓ �y�'"� - zw\s sFLINEOF YEDETATIONIT LAND zz \ \ \�'` \ MANAGEMENT GRLA" DATIM R • / ^�.'� A A\ A4 / HEONTAL JCAE IXIAZARD 1 / ( f \ \ \ •\ � D �/�x} I FAN I • • • •' • / ' v MDEW ar: sETRALR nvrl •.uMETSOf 9. iISF \ V ✓" A �.A / AA Q A \ f V '� Fi .•� \ \ \ •3 \ \ \\ \ \ \ \ \ a� A INLETHAPIARDC" I ARLIMIT LIMB jTJ Hy l rNKT PATI ® �✓ >' W v V�v sp N� vv v v � � v v s v vv v vv /` •: C H jv vv v / v vv ® v v v vv / �N� s� DEVELOPER TOCONSTRUCE COMMUNITY �• .'.'.•. �V % �'� 1��� \ V.roF A \ \�\ \ V A V �(O ht(� �� C� A NOTE • V OO j' g1.� / A A A V9 A V A \ \ Y O A/ �� � ACCESS WAYS ASSHOWN ON PC 0M`P" OTHER .'�w.c�rnuw V oP v _ /" v�iy�� v vV v vv AV A \ �.> A\ bRr Pnrvnre owwExs .. SF .•OL'",(fj� ����V A V AV A\ .•\\\ � ACCESB TO BE PPRMEITED AND CONSTRUCTED % i HPACT ARFA C / / ,\\ \\ O 9 \ \ 4 \ \ \\\\\ \\ >• O /' it M$F \ \ \\\ 4 , •\ / \ \\ TERMINALGROIN ~ •<" RECEIVED M3� GATED ENTRANIF \ N \ \\ \ - _ ,b \\ \\ / AN 152111SF NSPA AUG U Z 2017 1 R.JW SF - /• i .j •�Q / WYI ATERLINE ` �I 3= FENSPA1 I x `PCM- MHD CITY 5MSF °y `s I Fg •� y` ', p- 1 I J / Project: CAMA Major Permit Application Date: Revision Date: s a I II =1 • I I_ y"- + / The Point at Ocean Isle Beach 05/052017 07/192017 cTHI Drvs c. «� :°;N" D D rz OI Ocean Isle NC Style: Job Number, Title: flsLud 02-18333 'iN c'nao R iCOWIEGAySAE7RLLCI /r Site Plan- Drawn By: Figure: �ESSrC� / a SE g Half scale. Sale 1^=120 DCM WILMINGTO fIN C01266 — --- SLALI_ I- bD � N �OMCRto I , U ,NI I•I TRH JuL 21 2017 SITE I CA Vl gt 19-2017 Jj Jiswrbncee 3$SE wEfLgYpS � � -� TmnL wen.nlvo dSTURtlA N(E ISE)SE 1170 TCRBETLANM / -0+50 Oa00 14 - -- 12 10 — 6 6 4 2 IV 1+00 1150 14 AD 12 10 6 6 4 i ETLAND IMPACT AREA ] SE —_ 2 0 A, p m � 0+00 1 WO WETLAND CROSSING PROFILE VERTICAL SCALE I" 1 HORIZONTALS(ALE. C W II 15 , II 1$ ,U Had Scab. Scale 1" = 6' Had Scale. Scale 1" = 60' RECEIVED AUG 01 2011 DCM - MHD CITY Plans provided by East Coast Engineering, Shallotte, NC. CAMA Major Permit Application Date: Revision Date: The Point at Ocean Isle Beach 05/05/2017 07/192017 Ocean Isle, NC Scale: o Number: RECEIVED 02-16-333 Wetland Impacts 1 Drawn By. 7of17 3 W W w W W W W W W W W W W W W W W W W W W W W W W W W W W W W W w W W W W W W W W W w W W W W W W W w W W W W W W W / 11 COASTAL SHORELINE BUFFER \ TS COASTAL SHORELINE AEC W W W W w W w w W w W W W W LIMITS E mw)FB w w w w w w W W W W BIRUAnNCE / w w w —_______ SF C� 0 / 1 13403 SF ?JiO C7034 w w V i 8751 SF W W w w SF WCOASTALAIORELINEBORER V w \ AS ' V 8933 s w w w w w 5'HIRE PAM SF( / / \ w w w W w W 9335 ' w W w w W w W W SF V � I / w W W w W W W w W I ' ilk t 1 w w w W w W W W w W W W* F COASTAL WETLAND L W W W w INT:w w W W Ww ` f a LIMITS OF ` V DSTURBANCE TOTAL'I'.O C INLETBAZARD AREA LIMIT p t ` f U. /t l t U. I ',r F ` n < Q ULU Q W r z F+ ce co O UJ oe z < a I {z1 FIRSTLINEOFSTABLE VIDETATION BY LAND MANAT.YNN GROCP DATED'. II �Eal6 0 20 40 0 W W Plans provided by East Coast "gins �T W WEFIAND LINE w Sily, W W w / �' y \ \ Project: CAMA Major Permit Application q^ The Point at Ocean Isle Beach W w W W C �SS•� Ocean Isle, NC WETLAND A F� Title: W w M PA �LTAREA Il i v SFy 75' Estuarine Shoreline AEC AUG 0112/0�7 DCM- MCITY g, Shallotte, NC. Date: Revision Date: 05/0512017 07119/2017 Scale: Job Number: V = 40'RIP (IF -16-333 Drawn By: DCM WI MRVIPiTgNof .Illl 21 2017, AN IS Ni R .WM . R - - STREETBO RIGHTF-WAY a aF . a . r . ` . ` . r .. t11 r _ n \ Oe NCU TOT\L 9TE RETAINING EN ( -0 I n -O WALL LEN('TH - 1301 LE Lb-19-17 R vl O EAST TTH 1 _ --- - m e r • - RETAINING WALL LENGTH- N LP /. �. r . r . a- \ \ . . . . . . . . . . . . . I . . . . r . . W �. 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Scale I"=20' w N,a , \ v t° EWwU z Rwn OGFpNPJt W W W .y W • r r a .. .L W W WY W I \{ \ F ��I�11 O • 1925F wETLANpS CURB BREAK TVI. -� \„ \ - `Y `L 3 O C) 00 LIMITS OF w /Z EAST 5TH STREET 5. DISTURBANCE yy A ((` f EO'RIGHT#-WAY .y fl Q r\ \ IIIO SF wEFUNOS \ \•.,\ RETAINING WALL N, MSG*ILA CE 5E \ LENGTH- Il5 LP SILT FENCE _ _ r - U Q N SPO 9\5� EPp W N,W W W J. W I� A A A V O i W W W I� II . �n A\ \\ R\ECE ED W `✓' W A,W N,W � V V A I 9 I o �I N, N, N, �� �, V AEG 01 017 Q 28 ? _ 'vv v D v' +.•vm > "ET_ s�v (� - D CITY Project: CAMA Major Permit Application Date: Revisio0n7e: Da The Point at Ocean Isle Beach 05/05/2077 I 1_ Ocean Isle, NC Scale: um r.-333 Lw - 1 — W W y W W W W le. W �1 — _ �A Tit VE EAST ATN STREET EO RIGHT#WAY _� \ _ Retaining Walls 1 DraVMWILMINGT �9 of 17 JUL 21 2017 .'.:.'.:.;.;.'.`.'.'.:.;.;.;.`.`.'.+...`.`.'.LL♦'.'.'r:.;.`.'.;.'.'.`.:.+.+.;.`.:.;.`r`.'.++:.`r:+`.`.`r`.'.`.`.y.....+.`.'.'.`.' - r— . r . . . . . . r . • . . . . . . . . . . . r r . . . . • . • . . r . . . . . r . . • . . r . . . . . . . . `� / OM1-19 T01]Reviu • . . . + . . . • . . a . . . r . . . . . • . . . . . + a . . . . . • . + • . . r . . . . . + . `/ uTa7cnT . . . + . • • + . . r . • . + . . . . . • . . . . . . • r . + . • . . r • . . . . . • • . . + •/y / . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + / REVISION 50'xv -" + • . r . r . • r . . . . r a . a + . r + . a r . r . . a . . . . / / . . . . . . . . . • . . . . . . r + r . . . . . . r . a . . • . . ♦ J - - - J / / r + . + . . . . . .+ . . r . . . . . r a . . . . r + . . . . . . . . . � 35 / 'MEAN HIGH WATER LINE ' OF OLD SOUND CREEK • r . r . . . + a r . r . . .� . y.,, . . . 1.:1 R52 . . . . . . . . . . . . . . . . . + . s .,� �`-t. .,-...r . r� . . . . . `. . . . . . . . . . � O ' i . w 1., . +`. . . . . . .. `. +...+.`+.:,^i"=++`. `.` `.`r•`�'.`q,..�. .. . r . . . 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F. �WL1 �/ AUG 612U17 f �: N �`' 4* W W �� ` `✓ I/ �i� W W W W .y W W W W W W W W DCM-MH O'ITY O W W W W W RETAINING WALL W W W ♦. �4 ' \ �V N' '� LENGTH =126LF a, W Project: CAMA Major Permit Application Date: Revision Date: \ \\ \ The Point at Ocean Isle Beach 05/05/2017 07/192017 \ Ocean Isle NC Scale: 02-16-333 C VED cansm111 I. Retaining Walls 2 Drawn By: Figure: W / W / w W INGTON, I oaEMArt " 10of17 w . . . . . . . . . . . . . . . . 10 - , . . . . . . . . . . . . . . . . . . . . aBSD° . . . . • . . . •I 13 . ......... ........ .. ATER LINE + + + D CREEK . . • - - • - • • + • • . �22, �r `. . . . .`. `. +.�.�..a"... .. . .`. +...•. �.�. �. �.\ Ts OCEAN HAZARD SMALL STRUCTURES SETBACK 095') EOP TOTAL SITE RETAINING WALL LENGTH - 1341 LF _ RETAINING WALL _ LENGTH .531 LF LIMITS OE DISTURBANCE Plans provided by East Coast Engineering, Shallotte, NC. TOTAL -290 ACRES Project: CAMA Major Permit Application Date: The Point at Ocean Isle Beach 0510512017 Ocean Isle, NC Scale: Title: Retaining Walls 3- Wetland Impacts 2 Drawn By. 1 'SCALE I- *Y w AR 120 Half Scale. Scale 1" = 80' _ 5 an Date: umber: 02-16-333 RECEIVED 11 of 17 DCM WILMINGTON, rn rn 5A U d 0) C_ T Z° > 'mow c z z c C: c Z N Z aw 0 LL ........•.............. •IOASinL SHORELINE 611YFFR• lu'••�� 'k • 11 I.ASTAI MIIMELINI III 'MEAN MIW WATFA UNE ' e n Ci qD $gINB CREEK W TAININ[i ' ILL / \ 't" .L' -. rweiA.7.J.D UMH 4.I .'.'uMnslW '...'. °ql .• •'••S �. • . I. r. ..A,' . Ib v _ " PROFILE. 1.'• ' ' ' ' • . WETLAND �. ..-.• • . IMPAR ARFA PROFILI I V.i.. •.•-• Y J'�. 0a00 0+50 ISM 1+50 2+00 2.50 14 ---_ _._ - - 14 12 CL ROAD 12 RETAINING WALL 10 10 OCEAN HAZARD SMALL STRUCTURE SETBACK (195') 6 � I 4 2 0 mlm 1.00 RETAINING WALL PROHLE I Half Scab. Sale 1" - 6' Half Scale. Scale 1" = 60' VP.RTICALSCALE-1-3- HORIZON I\I S(NLE. 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CM WETLANDS ' . 1. . . . . . . . . \ \ \ \\ \ \ ' ' IC0.722 SE . • .i • y'•• • . r . . • \ n \ \ • • •eECRON tle WETLIND LME RY LAIB .LANE IMNAGEMENi GRBUP . • \ . • • • • • 32)AC . . . . . ..... + . . _ \ \ \ Iv \ 13 V \ ♦ • `t•P .. ` + V \ \ \ . • • . • . . . r r . . ♦ . ♦ r r . . . r . . . . . . . • ' • • • • ' ' ' ` \ \ \ \ \ \\ \ \ \ ♦ • . • • . . • . ♦ . . INSTALL TEMRMARY SLOPE. . ♦ ♦ + \ \ \ \ \ \ \ \ . . . ♦ . . . • • ♦ . . . • ' . . . ' ' r DRAIN FORCL'RBCU'I ISHFNITE". 11 SWALE . . . . \ \ \ \ \ 3WAlf `i \ \ \ • • • r • • • . r r �L PN $P • • • • �" • ADDENERGY •LLEE Of SLOPE DIRECT C 101) DSHEATPR AT • / - \ \0 \ \ \ \ \ IMPERVIOUS AREA W ALLOWABLE IMPERVIOUS SURFACE 12% 2'-R.976 SF tPROJECT IMPERVIpUSSLBFACEI . 22XVlpSF AT EN R \ Se - I5 WALL / T \ TT LLI E TPR V OF L S AWAY ROM TLRf l M. \ . 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SHEET CAM 11 ADD ENERGY DISSIPATEµ AT ' py. TOE OE SLOPE I3NFET C10.11 p�SF 1 26' I OPE s 1 NC I Pi -`- - - STREET FRIOHT-0E-WAY EAST eTM \ 1\ \\ \\ \ \\ \ OC CAN HAZARD \\ \ \\ \ `SMALL STRICTURE I1 \\ SETBACµ(191) �\ TERMINALGROIN \ \- EASEMk T p\\ r l.•.� jl ti� I Plans provided CAMA Major Permit Application The Point at Ocean Isle Beach Ocean Isle. INC Storrnwater Plan 1 11 T A '..FM IT x TM I At C(PH . RF SHD T S CI N. TRV T lE DIES MATTH MEL TS.1 Mt I DE S IL DP;EVM TS AND R,EE BF¢ERa(EDD\RIY MP>TXJE BIER VEGETA1M 14 iTAR115HED A, LEIRNNISSNEPATERS ARE TOM ADDEDISKJO THE RBCVTSN'ALE E MIT IS •1 Al 111 WE AS IT"ALI LSF.-1 4111¢E�,bAf�M S — AUG 01 2017 DCM- MHD CITY y Scale 1 80' Coast Engineering, Shallotte, INC. 05/05/2017 V=801 07/19/2017 02-16-333 14 of 17 RECEIVED WILMINGTON, — — — — — - — — — ti ALL SffE;, 914PEi", Foie' Olt' I pp CT JDA QCEAW 15 �-, '%<; �� rl ..r. 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