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HomeMy WebLinkAbout56-17 C&D Homes LLC & Town of Oak Island' Permit Class NEW Permit Number 56-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to C&D Homes. LLC & the Town of Oak Island. 5001 O'Ouinn Blvd.. SE #1. Southport. NC 28461 Authorizing development in Brunswick County adi. to the AIWW, at 1608 E. Yacht Drive & the NE 17`s Street ROW. Oak Island, as requested in the permittee's application dated 11/7/ 16, incl. attached workplan drawing (1), dated revised 2/24/17. This permit, issued on May 9, 2017 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may to tines, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1) The portion of the authorized bulkhead to be constructed in front of the existing deteriorated bulkhead shall conform to the same alignment as depicted on the attached workplan drawing. 2) Where a bulkhead does not currently exist, the alignment of the new bulkhead shall approximate the normal high water level at the time of construction. RECEIVED MAY 18 2017 (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, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. - MHD CITY Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Y 6N- I ! t ,< Braxton Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee C&D Homes, LLC & Town of Oak Island Permit No. 56-17 Page 2 of 3 ADDITIONAL CONDITIONS 3) Where a bulkhead does not currently exist, the alignment of the new bulkhead shall be staked by the permittee 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. 4) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 6) The bulkhead shall be constructed prior to any backfilling activities. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 10) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 11) 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. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 12) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 13) 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. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Q F NOTE: Future development of the permittee's property may require a modification of thisirmij� C: Contact a representative of the Division at (910) 796-7215 prior to the commencement o,�ajny O such activity for this determination. The permittee is further advised that many nQl waft dependent activities are not authorized within 30 feet of the normal high water 1QW. Q �.J C&D Homes, LLC & Town of Oak Island Permit No. 56-17 Page 3 of 3 ADDITIONAL CONDITIONS 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: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 197800080 (Action ID No. SAW-2017-00629), which was issued on 4/10/17. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 2017-0291. NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED MAY 18 2017 DCM- MHD CITY I` DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: C & D Homes, LLC and the Town of Oak Island COUNTY: Brunswick PROJECT NAME: Bulkhead w/fill LOCATION OF PROJECT:1608 E. Yacht Dr. and the NE 17' St right -of way, adjacent to the AIWW, in Oak Island, Brunswick County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-24-17 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Tara MacPherson DISTRICT MANAGER REVIEW:.l-*,— J� t`:--- B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 3-10-17 5 aRDf"4 1t: Ili -Lill(, ADJ. RIP. PROP NOTICES REC'D: eft" " tI Io 11, APPLICATION ASSIGNED TO: 5 C) 75 DAY DEADLINE: � , 1167 MAIL OUT DATE: 3-7-17 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400/#1863 END OF NOTICE DATE: 3-31-17 DEED REC'D: />,) -1I1V ON:113 I 1 150 DAY DEADLINE: STATE DUE DATE: 3-31-17 FED COMMENTS REC'D: DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative ✓ Coastal Management - LUP Consistency Division of Community Assistance 4 Cl17 Land Quality Section (DEMLR) 51 S 1 Division of Water Resources (401) 1 OWL T017 —0 Za Storm Water Management (DEMLR) ' Z1 1 State Property Office i Division of Archives & History 3 3 ii 17 Division of Environmental Health 3-1-717 Division of Highways 3 3 o Ij Wildlife Resources Commission 3 Zq I% Local Permit Office RECEIVED Division of Marine Fisheries / DCM 3 3117 MAR 13 2017 Corps of Engineers S%3�1 % G� Z�` 7- Z 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 February 24, 2017, C & D Homes, LLC and the Town of Oak Island proposed to construct a new vinyl bulkhead with approx. 860 sq. feet of coastal wetland fill at 1608 E. Yacht Dr. and the NE 171h St. right -of way, adjacent to the AIWW, in Oak Island, Brunswick County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796- 7425) 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 March 31, 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 MAR 13 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Contal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Recommendations for State Permit — C& D Homes, LLC and Town of Oak Island 3/3/17 The applicant's property has an identifiable erosion problem do to the effects of the failing bulkhead. Erosion has allowed coastal wetlands to colonize a small area landward of the original bulkhead alignment. 15A NCAC 07H.0208 requires that bulkhead alignment shall approximate mean high water or normal water level and shall be landward of significant marshland or marshgrass fringes. It also states that bulkheads shall be permitted below approximate mean high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not result in significant adverse impacts to public trust rights or to the property of adjacent riparian owners; (iv) the need for a bulkhead below approximate mean high water or normal water level is documented in the Field Investigation Report or other reports prepared by the Division of Coastal Management; and (v) the property to be bulkheaded is in a nonoceanfront area. The proposed bulkhead will extend no further below NHW than necessary. The alignment should not result in significant adverse impacts to public trust rights or to the property of adjacent riparian property owners because the bulkhead will not extend greater than 1 ft. waterward of the existing failing wall and because both adjacent properties are already bulkheaded. Based on these factors, it is recommended that a permit be issued to authorize the construction of bulkhead as proposed in the applicant's submittal. It is our opinion that the wetlands present in the eroded area landward of existing bulkhead are not considered a significant marshgrass fringe and are "volunteer" in this area as a result of the erosion occurring behind the existing failing bulkhead. RECEIVED MAR 1 $ 2017 DCM- MHD C'ITY ON MP-1 r, L. APPLICATION for Malor Development Permft (last revised 12: 2706) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) 1608 E Yacht Dr & NE 171' Street Applicant 1: First Name MI Last Name C&D Homes, L L C Applicant 2: First Name MI Last Name Town of Oak Island If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 5001 0' Quinn Blvd. SE #1 Southport NC ZIP Country Phone No. FAX No. 28461 USA 980-254-1489 ext. N/A - Street Address (d different from above) City State ZIP Email dpurser4@carolina.rr.com 2. Agent/Contractor Information Business Name Cape Fear Engineering Agent/ Contractor 1: First Name MI Last Name Elizabeth M Nelson Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box City State 151 Poole Rd Suite 100 Belville NC ZIP Phone No. 1 Phone NAtC 28451 910 - 383 -1044 ext. E IV ED FAX No. Contractor # MAR 13 2017 910 383 1045 Street Address (if different from above) City State DCM- D CITY Email RECEIVED elizabeth.nelson@capefearengineering.com MINGTON, N <Form continues on back> NOV 07 20% 252-808.2808 .. 1-888.4RCOAo; -- w.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for 4_� Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 1608 E Yacht Dr. & NE lr Street Right -of -Way N/A Subdivision Name City State Zip N/A Oak Island NC 28465 - Phone No. Lot No.(s) (d many, attach additional page with list) ext. N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber Manmade Canal 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 Intracoastal Waterway 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 Oak Island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 315 LF 37,790 SF c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 27,040, 10,750, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4.0 SNHW or ❑NWL e. Vegetation on tract Upland Grass and Coastal Marsh Grass f. Man-made features and uses now on tract Single Family Residental and Bulkhead g. Identify and describe the existing land uses adjacent to the proposed project site. Single Family Residental h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Oak Island Residental District, OK-R-6A (Attach zoning compliance certificate, if applicable) SYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No SNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes []No ®N,)gECEI N National Register listed or eligible property? O M WILMIN©TON, NOV 07 2016 <Form continues on next page> RECEIVED 252-808.2808 :. 1.888.4RCOAST :: www.nccoastalmanagement.net DCM- IMAHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes [--]No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal Sewer o. Describe existing drinking water supply source. Municipal Water p. Describe existing storm water management or treatment systems. Storm Sheet Flows 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Residental use and shoreline stabilization 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. New bulkhead will be constructed in front of failing wooden bulkhead, then the old bulkhead will be tom out. Bulkhead will be constructed structurally tight before fill material is placed. Mini excavator will be used for construction. All equipment will be stored on site. d. List all development activities you propose. Construction of new vinyl bulkhead in front of existing failing wooden bulkhead. Existing bulkhead to be removed. A new bulkhead will be constructed along additional shoreline at or landward of mean high water, to complete the shoreline stabilization along the project shoreline. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 6,000 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Stormwater will sheet flow 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 ®Np, tLMINOT 1IJJ If yes, attach a mitigation proposal. C. <Form continues on back> MAR 13 2017 252.808.2808 :: 1.888-4RCOAST :: www.nccoastalm anagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for ii Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name James Jordan Phone No. Address 5918 Corinthian Park, Spring, TX 77379 Name Ricky Earnhardt Phone No. Address 6735 Benson Hardee Rd., Benson, NC 28465 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Not filed with NCDEQ Stormwater 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. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 1 further certify that the information provided in this application is truthful to the best of my knowledge. Signature Please indicate application attachments pertaining to your p sed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development RECEIVED OCMWILMINGTON.NO ❑DCM MP-4 Structures Information Nov U 7 2016 MAR 13 2017 DCM- MHD C 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net EO 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 Width Avg. Existing NA NA Depth Final Project NA NA Depth 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 wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner J. High -ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED Dom NIEMINGTAN,NI MAR 13 2017 NOV 01 2616 DCM- MHD CITY 252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 ,Form DCM MP-2 (Excavation and Fill, Page 2 of 2) tet- 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: 315' ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: C. Average distance waterward of NHW or NWL: 1.0' e. Type of stabilization material: Vinyl g. Number of square feet of fill to be placed below water level. Bulkhead backfill 315 Riprap 0 Breakwater/Sill 0 Other 0 i. Source of fill material. Tripp Construction from Pit adjacent to Oak Island Airport Width: 1' d. Maximum distancewaterward of NHW or NWL: 1' f. (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. N/A h. Type of fill material. Clean sand / dirt 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brouqht to the site? [--]Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (III Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Bulkhead to be constructed structurally tight, before backfilling 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 November 7, 2016 Date 1608 E Yacht Dr. Project Name 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 fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? mini -excavator 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 C & D Homes, LLC - Town of Oak Island - Elizabeth Nelson - Agent Applicant Name RECEIVE 6—livu %a WILMINGTON, N� ApptfIt: N�� U 7 20lb MAR 13 2017 252-808-2808 :: 1.888-4RCOAST :: www.n000astalmanagement.net DC M- M H D CITY revised: 12/26/06 Q Y ox W<M Zr rax -,w2 F� Z.b OZ N � wR�a q4t MEAN H16-- EXISTING 6KI-EAD FACE OF-I� UL BULKHEA LPPER -MTS OF COASTAL VEGETATION ITS COASTAL VEGETATION EXISTP- . , — WOOD WALL TO SE CONSTRUCTED AT OR LANDWARD OF MEAN HIGH WATER. MEAN HIGH WATER TO BE STAKED PRIOR TO CONSTRUCTION. EXISTING ADJACENT 1311LK1-EAD (JNDER CONSTRUCTION) `— TERMINATE AT EXISTING a ADJACENT BULKHEAD. (ClA2RENTLY UNDER CONSTRUCTION) 10 20 30 SCALE: 1' = 40' 22' . 34" SHEET SCALE: 1' = 20' 11' a 17" SHEET PROPERTY LINE MEAN 4C44 WATER PROPOSED BULKHEAD NTe emIN-cs AMON 235QAOOB c E0 Momm LLC BOa OOLM M< SEA SOLM44WT. NC 28" MOs E YACHT OR OAK ELAM NO 2Uae Reso"CLAL 4 No T2T4 STQWT. 6a RIW -O"AY Tam CF OAK a-6m 4601 G OAK R OAK RAM NC 2BA66 PULIC R1d1TCFiNAY 6' X 6' DCM- MHD C NOTES L SAS9 W S RVEY PE92FCTLM® BY WS E CO. NC. ON X E 24TH gas AND A116UST 21 2c1& 2 All DSTANCEB ARE HORRONTAL GROUND S LEAN WC WAT 6 940VM BAS® CN E ATKWS. ENN S REVISED PER DOM COMMENTS -2N7 EMN 2 ISSUED FOR REGULATORY REVIEW 1-07-16 EMN 1 SFOR APPLUCANT REVIEW LSUm DEMN REV. DESCMPTM VBY REVI90N5 OC:CANf1f'1G� o?+N'eei'o$j% =iaPO1 �'• , - sfA E CAPE FEAR ENGINEERING 151lboblW..6Ww 100; BMgEN. NL, 2B16f TEL 1Bi6) 3&41610: FAX (P10f,f8}ifMa WIM N.C, IMA�IRYM.N'VfY�'ll N.C. IICFN$FIGIRI lROltf �� NA®1 ]CNE : AS IIOIfD MR : tE DULY 16 1RARW16: MK 1608 E. YACHT DR 1; NE 17TH STREET OAK hckC6,�,81C FEB 2) (? 1 CAMA MAJO MIT nerts �.o .m wNu 875-225 C-I VV MEMORANDUM To: Heather Coats From: Mike Christenbury, Wilmington District Planner fa Subject: Consistency Determination, Major Permit Application: C & D Homes, Oak Island — Brunswick County Date: April 21, 2017 Consistency Determination: This project is consistent with the 2017 Town of Oak Island Comprehensive Land Use Plan Update. The applicant proposes construct approximately 315 linear feet of new vinyl bulkhead with approximately 860 square feet of coastal wetland fill. The project is located at 1608 E Yacht and NE 17' Street end adjacent to the AIWW within the Town of Oak Island, NC. I have reviewed this proposal for consistency with the Oak Island Land Use Plan and offer the following comments. The general area of the project is classified as Developed, while the AEC's impacted acre classified as Residential. Waters at the site are classified as SA and are not open to the harvesting of shellfish. The area is classified PNA. In general, Oak Island allows development in Residential classified AECs which is consistent with the State's minimum use standards. The Oak Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 2017 Oak Island Land Use Plan. Cc: File 03 Coastal Management ENVIRONMENTAL QUALITY March 7. 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON DAVIS Direclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr_go v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: C & D Homes, LLC and the Town of Oak Island Project Location: 1608 E. Yacht Dr. and the NE 17"' St. right -of way, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: to construct approx. 315 linear feet of new vinyl bulkhead with approx. 860 sq. feet of coastal wetland fill 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 March 31, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY SIGNED 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. DATED 3 t 8 117 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 WA Coastal Management ENVIRONMENTAL QUALITY March 7, 2017 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office MAR B 20p 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(a)ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: C 6 D Homes, LLC and the Town of Oak Island Project Location: 1608 E. Yacht Dr. and the NE 17t6 St. right -of way, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: to construct approx. 315linear feet of new vinyl bulkhead with approx. 860 sq. feet of coastal wetland fill 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 March 31, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED 7 T� RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Water Resources ENVIRONMENTAL QUALITY April 20, 2017 C&D Homes, LLC Mr. David Purser 5001 O'Quinn Boulevard, Southeast # 1 Southport, NC 28461 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Dimcror DWR Project # 2017-0291 Brunswick County Subject Property: 1608 East Yacht Drive — Oak Island Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Purser, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.02 acres (860 square feet) of 404 wetlands to construct approximately 315 linear feet of new vinyl bulkhead as described within your application received by the Division on March 15, 2016. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). 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: h!W:Hportal.ncdenr.org/web/wq/swp/ws/40 I /certsandperinits. 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. The Additional Conditions of the Certification are: 1. 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). Nothing Compares� OCM WILM NIGTON, NO Start of North Carolina i Environmental Quality i Water Resources .512 N. Salisbury Street 1 loll Mail Service Center I Raleigh. NC 27699-1011 APR 2 12017 919.707.9000 Brunswick County 2017-0291 Page 2 of 4 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. 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 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. 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 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 02B .0200 (3)(f), and GS 143 Article 21A]. RECEIVED DCM WILMINGTON. NC Nothing Compares- APR 21 2017 ioue case racnc ur ve Brunswick County 2017-0291 Page 3 of 4 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: http://portal.ncdenr.org/web/wq/swp/ws/401 /certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httn://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 RECEIVED DCM WILMINGTON, NC APR 21 2017 !`'Nothing Compares Brunswick County 2017-0291 Page 4 of 4 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 910.796.7215 or Chad.Coburng..ncdenr.eov. Sincerely, J nLOregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Elizabeth Nelson - 151 Poole Road, Suite 100, Belville, NC 28451 Tyler Crumbley - USACE Wilmington Regulatory Field Office Heather Coats - DCM Wilmington WiRO/LF RECEIVED DCM WILMINGTON, NC -<`-'Nothing Compares,, APR 2 1 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary WaterResourcesM S. JAY ZIMMERMAN ENVIRONMENTAL OVALITY Director DWR Project No: County: Applicant: Project Name: 401 Water Quality Certification Issued Date: 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 is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, INC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: if this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Nothing Compares State of North Carolina I Environmental Quality I Water Resources 512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC 27699-1611 RECEIVED DCM WILMINGTON, NO 919.707.9000 APR 21 2017 RECEIVED DCM WILMINGTON, NC APR 21 2017 0 Coastal Management ENVIRONMENTAL OUALITY March 7, 2017 TO: Georgette Scott Stormwater Section DEMLR - WiRO ECEIVE MAR 0 7 ton BY: ROY COOPER Govcmor MICHAEL S. REGAN Secretary BRAXTON DAVIS Ulrecmr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCDncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: C & D Homes, LLC and the Town of Oak Island Project Location: 1608 E. Yacht Dr. and the NE 17t6 St right -of way, adjacent to the AIINW, in Oak Island, Brunswick County Proposed Project: to construct approx. 315linear feet of new vinyl bulkhead with approx. 860 sq. feet of coastal wetland fill 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 March 31, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: v 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�C .J DATED RECEIVED MAR 21 2017 State of North Carolina I Environmental Quality I Coastal Management D C M- M H D CITY 127 Cardinal Chive Ext., Wilmington, NC 28405 910-796-7215 Energy, Mineral & Land Resources ENVIRONMENTAL MALT' January 11, 2017 David Purser, Managing Member C&D Homes, LLC 5001 O.Quinn Blvd. SE #1 Southport, NC 28461 ROY COOPER Governor WILLIAM G. ROSS, JR. Aping Secretory TRACY E. DAVIS DIM&Or Town of Oak Island c/o Gene Kudgus, Stormwater Administrator 4601 E. Oak Island Drive Oak Island, NC 28465 Subject: EXEMPTION Stormwater Project No. SW8 161104 1608 E. Yacht Drive & NE 17th Street Brunswick County Dear Mr. Purser and Mr. Kudgus: On November 7, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on January 11, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs fast. If you have any questions or need additional information concerningg this matter please contact Christine Hall at (910) 796-7215, or via e-mail at christine.hall@ncdenr.gov. RECEIVED Sincerely, JAN 2 3 2017 C/i�`S``s� DCM- MHD Tracy E. Davis, P.E., Director CITY Division of Energy, Mineral, and Land Resources GDS/canh: \\\Stormwater\Permits & Projects\2016\161104 Exemption\2017 01 permit 161104 cc: Elizabeth Nelson, Cape Fear Engineering Brunswick County Planning, Engineering or Building Inspections Tara MacPherson/Shaun Simpson-DCM WIRO DCM Morehead City Wilmington Regional Office Stormwater File StateofNorth Carolina I Environmersal Quality I Energy, Mneral and Land Resources Wilmington"onal Office 1127 Cardinal Drive Extension I VAlmirgton.NC 28405 9107967215 Ln9 Coastal Management ENVIRONMENTAL QUALITY March 7. 2017 TO: Tim Walton Dept of Administration State Property Office MAR 14 2017 -,TY ROY COOPER Governor MICHAEL S. REGAN Secnvary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsaC)ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: C & D Homes, LLC and the Town of Oak Island Project Location: 1608 E. Yacht Dr. and the NE I rh St. right -of way, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: to construct approx. 315linear feet of new vinyl bulkhead with approx. 860 sq. feet of coastal wetland fill 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 March 31, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: CE �eS 5 o+ vu s �rrV, rt P p� nLu/4 W Ye a SIGNEC This agency has no objection to the project as proposed. **Ad nal 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. DATED State of Nonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 DCM WILMING ON, NC MAR 2 17 Coastal Management ENVIRONMENTAL QUALITY March 7, 2017 V �adc�D MAR 1 4 2017 HISTORIC FRESERVAT!ON OFftCE ROY COOPER (:manor MICHAEL S. REGAN V�wy BRAXTON DAVIS llavaor 0489 TO. Renee Gledhill -Early Dept. of Cultural Resources ;t/( Archives & History "') U 3-24-1-7 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext_ Wilm., NC 28405 heather coats(o)ncdenrgov Fax 395-3964 (Courier 0416-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: C & D Homes, LLC and the Town of Oak Island Project Location: 1608 E. Yacht Dr. and the NE 17'" St right -of way, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: to construct approx. 315 linear feet of new vinyl bulkhead with approx. 860 sq, feet of coastal wetland fill 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 March 31, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed +/ "Additional comments may be attached" V� 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 �t/ `-Y'ti(SK �flX(LL DATED .1LC1t_IVED DCM WILMINGTON, NC MAR 31 �Y2/011pqM7 Store or Nash Caob" :� Gw,wnneMnl ().slay C OWW Man-gemeat E'RA�15 GY I� 127 Ca laW nave 1.9 , WJm(nglmt NC 23405 910­19b1215 rti Coastal Management ENVIRONMENTAL QUALITY March 7. 2017 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Governor MICHAEL S. REGAN Srerr(an BRAXTON DAVIS Uireaor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a).ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: C & D Homes, LLC and the Town of Oak Island Project Location: 1608 E. Yacht Dr. and the NE 17" St. right -of way, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: to construct approx. 315 linear feet of new vinyl bulkhead with approx. 860 sq. feet of coastal wetland fill 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 March 31, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGN DATED 3 I I T � Slta�+�loN f� �l'�t5 Received MAR 17 1017 State of North Carolina I Environmental Quality I Coastal Management DC M 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 r; Coastal Management ENVIRONMENTAL QUALITY March 7. 2017 RECEIVED MAR 24 2017 NC DOT DISTRICT 3 David Harris NC DOT Roadside Environmental Unit ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Du,wo, FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsaC)--ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: C & D Homes, LLC and the Town of Oak Island Project Location: 1608 E. Yacht Dr. and the NE 17" St. right -of way, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: to construct approx. 315linear feet of new vinyl bulkhead with approx. 860 sq. feet of coastal wetland fill 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 March 31, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED J �livfutiw/ DATEDIt RECEIVED DCM WILMINGTON, NC MAIL 3 0 2017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NC 28405 910-796-7215 ROY COOPER Gnvemor MICHAEL S. REGAN Secrelm, Coastal Management BRAXTON DAMS tor ENVIRONMENTAL QUALITY 13 o5 y�A15161)/gz March 7, 2017 MAR 2017 00 RECEIVED w TO: Maria Dunn I— fyl W a NC Wildlife Resources Commission `S, For WiRO PtO L°j FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCo)ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: C & D Homes, LLC and the Town of Oak Island Project Location: 1608 E. Yacht Dr. and the NE 17" St. right -of way, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: to construct approx. 315 linear feet of new vinyl bulkhead with approx. 860 sq. feet of coastal wetland fill 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 March 31, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �� DATED .3-2�-�I� RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management MAR 2 9 2017 127 Cardinal Drive Ext., Wilmington, NC 28405 910496-7215 Iz ROY COOPER Governor Ki-r-0 MICHAEL S. REGAN MAA 1 2 ZOf% ENVIRONMENTAL QUALITY (.yyRo O! WAA? Coastal Management �Lary Secretary BRAXTON DAVIS Director March 7, 2017 TO: Shane Staples Fisheries Resource Specialist DCM, WaRO FROM. Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsfaD-ncdenraov Fax: 395-3964 wrier 0418-31) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: C & D Homes, LLC and the Town of Oak Island Project Location: 1608 E. Yacht Dr, and the NE 17" St. right -of way, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: to construct approx. 315 linear feet of new vinyl bulkhead with approx. 860 sq. feet of coastal wetland fill 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 March 31, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED t— DATED DECEIVED DCM WILMINGTON, NC MAR 3 12017 State of North Carolina I Environmental Quality I Coastal NLnagement 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 29403-1343 April 10, 2017 Regulatory Division Action ID No. SAW-2017-00629, General Permit No. 197800080 Cape Fear Engineering Attn: Ms. Elizabeth Nelson 151 Poole Road, Suite 100 Belville, North Carolina 28451 Dear Ms. Nelson: Through coordination with the North Carolina Division of Coastal Management, and on behalf of C&D Homes, LLC, and the Town of Oak Island, we have learned of your request to construct approximately 315 linear feet of new vinyl bulkhead at 1608 E. Yacht Drive, and the N.E. 17a Street right-of-way, adjacent to the AIWW, in Oak Island, Brunswick County, North Carolina. On January 1, 2016, we renewed general permit No. 197800080, (copy enclosed), that authorizes the maintenance, repair, construction and backfill of bulkheads and riprap structures along eroding high ground shorelines and construction of riprap structures to protect eroding wetland shorelines in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. General permit No. 197800080 expires on December 31, 2021. Your work is authorized by this permit provided it is accomplished in strict accordance with your proposed plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. DGM WILMINGTON, NC I AY 0 3 2017 &A Thank you for:your time and cooperation. If you have questions,.please contact Tyler Crumbley; of the Wilmington Regulatory Field Office, telephone: (9110) 251-.4170. Smcer�el Tyler. Crumbley,; Project Manager' Wilmington Regulatory Field Office, Enclosure GP'80 conditions Copies Furnished. (WA) enclosure); . Ms.. Tara MacPherson Division of Coastal Management North Carolina Department of ]$v ', onment and Natural Resources: 127 Cardinal;Drive Extension Wilmington;.North-Carolina 28405 Mr. Robb L. Mairs Division of Water Resourcest North Carolina Department of Environment and Natural Resources 12TCardinal Drive Extension, Wilmington; Nbrth.Carolina .28405 Mr. Doug Iluggett Division;of Coastal Management - North Carolina Department of Environment and Natural. Resources' 400 Commerce -Avenue Morehead City, North Carolina 28557=3.42 Ms. Kafenkiggin's Division of Water Resources North Carolina Department of Environmental. Quality, ,1650'MSC Raleigh, North Carolina 27699 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington. Avenue Wilmington,; North Carolina 28403-1343 http.//www saw usace annv:mil/Missions/Reeulato[yPermitPropmm-.asp General. Permit:N6. 107800080. Name of Permittee: General Public, Effective Date- January 1, 2016 Expiration, Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMrr A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recomruendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and'Harbors-ActofMarch 3, 1899 (33 U.S.C. 403) and Section 404 ofthe Clean Water Act 03 U:S.C: 1344), is hereby modified and: renewed by authority of.the Secretary of the Army -by the District,Engineer. U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington;. North Carolina 28403-1343 TO MAINTAIN, REPAIR; CONSTRUCT AND BACKFILL BULKHEADS AND RIPRAP STRUCTURES' ALONG ERODING HIGHGROUND SHORELINES AND CONSTRUCT RIPRAP STRUCTURES TO PROTECT ERODING WETLAND SHORELINES'IN NAVIGABLE WATERS AND WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. The following definitions should be used for purposes of this regional general permit (RGP): a. Erosion. Land that,is presently being worn away by; the action of.water or wind. b. Mean high watermark (MHWMI:. The line on the shore, in tidal water, reached by the plane of the mean (average) high water. The precise determination oftbe actual location of the line can beestablished by survey with the -reference to the "available, tidal datum,' preferably averaged.over a period of 18.6 years. A less precise method,.such as observation of the apparent shoreline,,wbich is determined by reference to physical markings, lines of vegetation; may be used for the purpose ofthis general permit. c. OrdinaryHiuh Water Marlc (OHWM): The line:on:the;shore, in non -tide[ wafers, establishedby the fluctuations of water,ihdhcated by physical characteristics such as ciear,natural lineimpressed on the batik; shelving changes;m ifie-so l;.destruotion,of terrestrial vegetation; the presenee of litter and debris; or other appropriate.'means that consider the characteristics of the surrounding areas. Special Conditions a: Authorized structures located on or adjacent to Federally authorized waterways Will'beeonstrvoted in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http-/%www:saw.usace.armv.miVMissions/Niviaation/Setbacks aspx, This generalpermit doesnot authorize the construction- of hardened:orpermanently fixed structures within the FederallyAuthorized Channel Setback,, unless the activity is approved by the Wilmington District Corps of Engineers (Corps). The Permittee must submit the information described in -Special Condition' t" to the Corps and obtain approval from the Corps prior to the-constraction of anystructures within;the Federally Authorized Channel Setback. b, This general permit is applicable only for work along shorelines exhibiting erosion. c. Bulkhead structures authorized.by this general,.permifmay be constructed of treated woody vinyl, concrete slab, steel or aluminum sheet, brokeh concrete, brick or rock, with or wttliout backfill material, conforming to the standards contained; herein. Other construction activities are not authorized by this general:permit. d. Riprap material must consist of clean rock or masonry materials such,as marl,. .granite or broken concrete free of exposed wire and/or rebar. e. All',ripr4p material trust be free from loose dirt or any pollutant and must be of a size sufficient to prevent -its movement from theshte°by current or wave: action. f. This: general permit does not authorize the construction or placement of structures nor the. discharge offill material within Department of the Army (DA); jurisdictional wetlands, seagrass or submerged aquatic vegetation (SAV). g. not exceed akheadand riprap structure alignments authorized, by this general permit may, linear distance of 500 feet.along`any shoreline. h. Bulkhead "placement must not exceed an average of 2, &et:and a maximum of 5 feet waterward ofthe MHWM in tidal waters orthe OMOM in non -tidal -waters. I. RiFrap must be positioned so as not.to: exceed,a maximmuof'10 feet.waterward of the. MfIWM in tidal waters or the.OH WM in non -tidal waters at any point along its 2; alignment,. This locationstandardalso applies:toyiprap proposed°waterward of the existing bulkhead. j. UnIessspecifrcally approved by the Corps, all baekfill materials -will be obtained', from a high ground source and confined landward of the. permitted bulkhead. k. All construction and fill material wilh be clean.and.free of any toxic pollutants except in trace quantities. Tires, car bodies, scrap metal, paper products, tree limbs and stumps,. asphalt and other metal products, organic, materials and unsightly debris will not be used. as construction or fill material, 1. Pill material will only be placed landward of bulkheads or.riprap structures that are fully installed and that are impervious through structural tightness or the use of a suitable filter cloth. m. No; excavation is_permitted by this general permit except°for'that required for installation of the bulkhead wall, deadmen and cables. a. It is possible that an authorized structure maybe damaged by wavewash frorn passing vessels. The issuance of this general permit does notxelieve the permittee from taking all proper steps to ensure- the integrity ofthe permitted structure and the safety, of. moored. boats. The permittee will not hold the United States liable for any such.daniage. o. If the•permitted work is on lands subjectto an casement i_n favor of the.United States for the: operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway(AIWW), the perm ittee will remove such structures and improvements at his/her own expense in the event that, in the judgment of the Corps acting on behalf of the United, States, the lands:are.needed at anytime for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement., p. This general permit is not applicable to any work on Atlantic Ocean beaches. q. All work authorized by this general permit must comply with the terms and conditions of the.applicable Clean Water Act Section 401 Water Quality Certification for this:general-permit issued by the North Carolina Division of Water Quality.. r. Stabilization activities shall not be conducted in such a manner as to impede water flow into or out of any natural channel or stream.. s. Shoreline stabilization activity undertaken waterward of existing DA jurisdictional wetlands is limited to the placement of riprap and,must complywith the following additional special conditions. 1. The height ofthe erosion, escarpment must not exceed three feet. 2.. The riprap must be placedimmedhitely waterward,of the erosioft, escarprnent.: 3. The, riprap must be positioned so ag not to, exceed a maximum of five feet, waterwa.rd of the erosion -escarpment atanypoint alongits alignnent. 4. The riprap must be positioned so as not to exceed, a maximum of six inches above the elevaflo the, ..e.aOjac,6ntW,etiandsiibstrate, 5. Where. the Corps staff determine_thatinsbtficient wetlands or coastal marsh:exists along e the 1permitt 's shoreline to P, . MI provide adequate shoreline gabiliza.tion,.the'p,drfnittee.shdlI be required.to plant_appropriate coastal marsh or wetlan&specics. landward of the riprap structure is: directe , b tht.Regulatory staff. I 1re d• �y 6. No, construction or discharge of fill material shall take place within DA 1. Jurisdiptional w%l4nds. 7. Noexcavationshallow water bottom or any wetlands is authorized for Oprap, . structures protecting eroding wetland shorelines. 8. Temporary mats shall be used,when crossing wetland areaswithany type of construction equipment -and all mats shall be removed immediately upon completing the construction, activity; t. Individuals:seeking authorization under this RGP f6rproj,ects, outside the 20 Coastal Counties subject to regulation under the Coastal Area, Management Act (LAMA); mustreebive written approval from, the.Corps prior to initiating anywork. This approval may be obtained by su.6mittmgtb6,fb'll'owing information to the ap propriate Corps Regulatory Field Office: I . Name, address and telephonemumber of the prospective permitteb. 2. Location of the Oroposed,project, including waterlbody, nearest. community and county: 3'. A:description ,of tfic:proposed project and/or structure; includi ng in g width of structure, and fill, distance from shcrtiline;.typ e of materials; the amount of proposed impacts to waters and/or wetlands. and d photograph of the area to'be stabilized. The description should be sufficiently detailed to allow the Wilmington District Engineer to determine that the adverse -effect of the'Project, will be,minimal and toActermine the need for compensatory mitigation. Project drawings should be.provided when necessary to show thatthe activity complieswith the terms o if the RGP. (Drawings -usually M clarify thc.project and,when provided results in a quicker decision, Drawings should contain sufficient detail to provide an illustrative. description of the proposed activity (e.g., a conceptual plan),.but.do`not need to. be detailed engineering plans). u. Any large woody debris present at the'edge of,the water shall bej aft in place or, moved temporarily andreplaced after the stabilization. work is complete. If'large woody debris is moved and replaced, the debris must.be adequately anchored, of sufficient weight, or installed in a manner that prevents relocation in most wave action or water flow conditions, exceptforextremely severe storms. Large woodydebris is natural wood (trees,, limbs and roots), that is greater than 4"'intdiameter and greater -than. 6'in length. v. Should all or part.of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina. Coastal Resources Commission; a Coastal Area Management Act (CAMA) permit is required from the. North Carolina Division of Coastal Manageinem before -the onset of the proposed activity. Should a Federal activity within any one ofNorth Carolina's.twenty coastal' counties or which could affect a coastal use or resource in any one of North Carolina's twenty coastal countics.be proposed by a Federal.agency, a consistency determination pursuant to,Subpart "C" of'15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina.Division of Coastal'Management before the onset of the proposed activity. General Conditions' a.,'Except =as authorized by this general permit or anyCorps approved modification to this general permit, no excavation, fill' or mechanized land -clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. This general permit does not authorize temporary placement or double handling of excavated or:fill material;withiowaters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activitiesconnected with this project. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or-.aocal,authorizations. c. All work authorized by this general permit must comply with the, terms anal.' conditions of the applicable Clean Water Act Section 401 Water Quality. Certification for. this general permit issued' by the North Carolina Division of Water Quality. d. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and.wetlands outside the permit area. This shall -include, but is not limited to, the immediate installation o'f:siltfencing.or similar appropriate devices around all.areas subject to soil disturbance or the movement of earthen fill, and the immediate`stabilization ofall disturbed areas. Additionally, the project must remain in full compliance with all aspects 5 of the Sedimentation Pollution Control Act of"1973 (North Carolina, General. Statutes Chapter 113AArticle4). e, The activities authorized by this general permit inustnot interfere with the public's right to free navigation on all navigable waters of the United States. No attempt wiltbemade by, permittee to prevent_thc.full.and.free use by the public ofaff navigable waters at or adjacem to the authorized work;for a'reason other than safety. f. The permittee;understands'and agrees that, if future -operations by the United States -require the removal;. relocation, or other alteration; of the structure or work Herein authorized, or -if, in the opinion of the Secretary of the Army or his/her authorized representative, said, structure or, work shall cause unreasonable.obstiuction to the free navigation of the navigable waters, the permittee will be required`, upon due notice romthe Corps;:to remove, relocate, or alter`'the`structural work or obstructions caused thereby, without expenseto the 7nited States. No claim shall be'ipade.againstthe United States; on account of any "such removal or alteration„ g. The permittee, upon receipt of a notice.of revocation of the general permit for the verifiedindividual activity, may applyfor an individual permit, or will, without expense to the United States and in.such time and manner: as the Secretary ofthe�Army or his/her authorized representative may direct,, restore. the raffected water of the United Staies:to its, former, conditions. It. This General Wrmit_does not authorize any activity that would conflict with a federal project's congressionally authorized purposes established limitations or restrictions, or limit an°agency's ability to conduct necessary operation -and maintenance functions. Per Section.l4 of the Rivers anclHarbors Actof 1899,-as amended (V U.S.C. 408), no projectthat has the potential to take possession of or -make use of for,any purpose, or build upon, alter, deface; destroy move, injure, or obstruct a federally constructed:work or project, including, but not limited to, levees; dams,.jettys, navigation channels, borrow -areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project bas'been reviewed and approved by the- appropriate Corps approval authority. The permittee must submit the information -described in Special Condition " t 'and obtain approval from the Wilmington-DistrictEngineer prior to the initiation: of any activity that has the potential to modify or conflict with a federally authorized project. i. The permittee: shall obtain a.Consent to Cross -Government Easement from the Wilmington District's Land Use Coordinator prior to. any crossing: of the Corps easement and/or prior to "commencing construction of anq'structures, authorized dredging or other work within the right of -way of, orin proximity -to, a federally designated disposal area: The Land Use Coordinator maybe contacted at: CESAW-OP N, 69 Darlington -Avenue, Wilmington; North Carolina 28403-1343, email: SAWWeb-NAV(a)usace.armv:mil. j. The permitteewiliallowthe Wilmington MtrietEngineer'or.his/her representative to inspeef the authorized activity -at any time. deemed necessary_to assure that the activity is,being performed.or maintained in strict.accordance with the Special and General Conditions of this general permit: k. This generalpermit'does,not grant any property rights, or exclusive privileges. 1. This general permit does notauthorize any injury to the property or rights of others. in. This general permit does not authorize the interference.with any existing or proposed federal project. n. In issuing this, general permit; the Federal Government does not assume any liability"for'tke followings (l) Damages to the.permitted project or uses thereof as aresuit,of other. permitted or unpermitted activities or from natural causes., (2) Damages to the permitted, projector uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons; property; or to other permitted or unpermitted activities or structures caused by the activity authorized by this general_ permit; (4) Design or construction deficiencies associated with the permitted work.. (5.) Damage: claims associated'with any --future modification, suspension, or revocation of this general permit. o. Authorization provided by this general permit may be modified, suspended or revoked in whole or in pail if the Wilmington -District Engineer, acting for the Secretary, of the Army, determines'thatsuch action would-be-ini the. best public interest. The'term of this general permit shall be five (5) years unless subjectto modification; suspension or revocation. Any modification; suspension or revocation of this, authorization will not be the basis for any claim for damages against the United States Government. p. No -activity may occur in a component of tboNational Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study rivee"for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river,_ has determined in writing that the proposed.activity will not adversely affect the Wild and Scenic designation or study status. Information,on Wild and Scenic Rivers may be obtained from the appropriate Federal land management, agency re.sponsible,for the designated Wild and Scenic River of "study river" (e.g., National'Park.Serviee, U.S. Forest Service, etc.) 7 q. This.general permit-does.not authorize anyactivity"within, or directly affecting, a marine sanctuary established by the Secretaryof Comrrieroe under authority of Section 3t)2 offbe Marina Protection, Research and Sanctuaries -Act of 1972, unless the permittee, provides the Corps with a certification frtrtn the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III o£thelvlarine Protection, Research and' Sanctuaries Act. Information on.marine sanctuaries may be obtained at http://sanctuaries.noaa:eov/#MN.- Permittees may not begin work until they provide the Corps with a wditen'aertification from the.Department.of Commerce. r. In cases where the Wilmington District Engineer determinesthat the activitymay affect .properties listed, or eligible for listing, in the National Register of Historic.Places and its codified regulations, the National Historic Prewreation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves.Protection andRepatriation Act,. the activity.is not:authorized, until therequiremenis of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees must submit the informations described in Special Condition 'Vto the Corps if anyproperties subject to the above criteria may b@.affected by the proposed project. The permittee; may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is,authorized. s. Ifyou discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized.by this general permit, you-mustimmediately^notify the Wilmington District Engineer of what you have:found, and tothe maximum eztentpracticable, avoid construction activities that may affect the remains and artifacts until the requited coordination has been completed. The Wilmington District Engineer wilLinitiate the Federal, tribal and state coordination required to determine if,the.items or retrains warrant a recovery effort or if the site.is eligible for listing in the National Register -of Historic Places. t. No activity is authorized under.this general permit which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species'or a Species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adverselymodify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed' :species or critical habitat, unless Section 7 consultation addressingthe effects. of the proposed activityhas :been completed`': Information. on threatened.and endangered species and their.critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: lino?7/ivww:fws.gov/ of, httoc/%www.fws. ov/ibaol or htto:i/www.noaa:aov/fiiheries.html. Permittees must submit the information described in.Speoial Condition "t" to the Corps if any listed 'species or designated critical habitat may be, affected by the proposed project. Permittees may not begin work until notified by the Corps that the requirements ofthe:ESA have beensatisfied and that the:activity is;"authorized: *Note - Section 7 consultation has been oomplcted for the West • Indian. manatee and if the activity mightaffectthemanatee, the permittee does not have to submit the information in Special Condition 'T'to'the district engineer as long as thopermittee complies with General Condition "u": Section.7 consultation has: been completed for the Northern long- eared batand the permittee-musfsubmit the irifohr ation in Special Condition " Y'to the' district engineer if the project meets the criteria in General Condition "v". u. In order, to further protect the endangered West.Indian Manatee, Tricheehus manams),theapplicant must implement the:USFWS' Manatee Guidelines,.and strictly' adhere to.all-requirements. therein. The guidelines can befound,at htto:l/www.fws.eov/nc-es/mammal/manatee guidelines:ndf. v. The wilmington'District, U.S.,Army Corps of Engineers (Corps) has consulted with the United States Fish and Wildlife Service (Service) in regards to the threatened Northern long-eared bat(NLEB) (Myotis.septehtrionalis) and Standard Local Operating Procedures for Endangered. Species. (SLOPES) have been approved by the Corps and the Service. This condition concerns effects to the NLEB only and does not address effects, to other federally listed species and/or to federally -designated critical habitat, A. Procedures when the. Corps is the lead federal* agency for a project: The permittee must comply with (1) and (2) below. when: • the project is located.in thewestern 41 counties of North Carolina; to include non-federal aid North Carolina Department of Transportation (NCDOT) projects, OR; the project is located -in the 59 eastern counties of North Carolina; and is a non-NCDOT project: *Generally, ifa project is located on private property or on non-federal land; and the project is not being funded by,a federal entity; the Corps will be.the lead federal agency due to the requirement to obtain Department of the Army authorization to impact waters of the U.S. If the project is.located on federal land, contact the Corps to determine the lead federal agency. (1) A permittee using a Nationwide Permit (NWP) or a Regional General. Permit. (RGP) must check to see if their project is located in the range ofthe NLEB by using the following,website: htta'//www fws eov/midwest(endaneered/mammals/pleb/pdf/WNSZoiie.odf.If the project is within the range of the NLEB, or if the project includes percussive activities (e.g., blasting, pile driving; etc.), the permittee is then required to check the appropriawwebsite in the paragraph below to discover if their project: • is located in a 12-digit Hydrologic Unit Code area {"red HUC" - shown as red areas on the map), AND/OR; • involves percussive activities within 0.25 mile of a red HUC, I ,Red HUCmaps -.for the western-41 counties in NG (covered bythe. Asheville Ecological Services Field Office), check the Project'-Iaocation against theelectronic-maps found at: hfa //www fwR god/asheviII6/hinili/proje6t review/NEEB in WNC htmi. For the eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Offrce), check the project location agamst,;the electron omapssfound at httpsi//www.fws.gov/ialbieli/NLEB RFO himl, (2) A permittee must submit -a pre-constiuction,notification (PM to the district engineer, and receive written. authorization from, thedistrict engineer; prior to commencing the activity; if the activity will involve either'of the;following: •'tree clearing/removal, construction/installation of wind turbines in a red HUC, AND/OR; bridge removat or maintenance, unless the•bridge has been inspected -and there is no evidence of batuse,. (applies anywhere in the range of the NLEB), AND/OR: • percussive activities in a red HUC, or within 0.25 mlle of a red HUC The permittee may peoceed with the-activitywiihout submitting a ]?CN to either the Corps or the USFWS,, provided the activity complies with all,applicable NWP terms and general and regional conditions, or all applicable RGP terms=and general ands ecial co nditions, onditions, and if tlie.permitte&s review underA.(1) and. A.(2) above shows.that the project is: located outside of.a.red HUC (and there are no percussive activities); and the activity will NOT include bridge removal or.maintenance, unless the bridge has been inspected and there is no evidence of bat,use, OR, located_ outside of a red HUC and there are'percussive activities, but the Percussive activities will.not,occur:within 0.25-mile of` a red''HUC boundary; and the activity will NOT include bridge removal or, maintenance, unless the bridge has been inspected and there is no evidence of bat use;; OR; • located in a red.HUC, but the activity will NOT include: tree clearing/removal; construction/installation of wind turbines; bridge.removal or maintenance, unless,the bridge has been.inspected and there -is no evidence of bat use, and/or; any percussive activities. B, Procedures. when.the Corps is notthe,lea d.federal agency: For projects where another federal agency is. the lead federal agency, - if that other federal agency has completed project -specific ESA Section 7(a)(2) consultation for the NLEB,. and has (1) determined -that the project Would notcause prohibited incidental fake ofthe 10 NLEB,; and'(2) completed coordination/consultation that is:required by the Service (per the directions on the respective Service office's website), that project may proceed' without notifrcafron to either the Corps or the Service, provided all General and Regional Permit Conditions (for.NWPs), or, RGP general and special conditions (for RGPs) are met. The.NLEB SLOPES .can be viewed, on the Corps website at the x who do not have internet access may the Corps at (910) 251- 4633, w. If the permittee discovers or observes any live, damaged, injured or dead individual, of an: endangered or threatened species during construction, the pefthittee shall immediately notify the Wilmington Distriet.Engineer so that required coordination can be initiated with the.U.S> Fish and Wildlife Service and/or National Marine Fisheries Service. x. Permittees are advised that developmentactivities,in or near a floodw.ay may be subject to.the National Flood -Insurance Program that prohibits any development, including fill, within a floodway that results in any increase,in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood" Insurance Program. y. The permittee must install and mainta'in,.at his/her expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations' or otherwise, an. authorized facilities. For further information, -the permittee'should contact Coast Guard Sector. North Carolina at (9I0) 712-2-191 or email Coast Guard Fifth District at cgd5waferways@usca:miL z. The permittee must in any structure or work authorized by this general permit in good condition and in conformance with the terms and. conditions of this general "permit. The Permittee is not relieved of this requirement ifthePermittee abandons, the structure or work. Transfer in.fee simple of the work authorized by this, general permit will automatically -transfer this; generalpermit to the property's new owner, with all of the rights and,responsibilities enumerated herein. The permitted must inform any subsequent owner of all activities undettaken under the authority of this general permit and provide the subsequent owner with a copy of the terms and conditions of 'this general permit. aa. At his/her sole discretion, any time during, the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific.proposal. In such case;. the procedures for processing an individual permit:in accordance with,33 CFR 325 will be available. bb. Except as authorized by this general permit or any Corps approved modification to this general permit, all fill material placed in waters or wetlands shall be generated from an upland'.source and will be clean and free of any pollutants except in 11 trace quantities: Metal products, organic materials (including debris from land cleating; activities), or unsightly debris will not be used. cc:_ Except as authorized modification to this general pep upland disposal areas, dd. Activities which have commenced Qx. , are underconstruction);or: are i contract to commence in reliance upon this general permit will remain authorized pbro edAhe activityis:completed withintwelve.months of the date lofthe general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit that were.in effect at the time the activity was completed continue to be.authorized by the general perauE. BY AUTHORITY OF THE: SBCRETARI''OF THE ARMY. FOR THE COM1v1ANDER: 404 C Scott McLendon Chief, Regulatory Division Wilmington District 12 hnucquruirsn�y _ # A3.L WAIL L § a� �3>r, O .. } s IIF�Mk'4fOR�ifM � +":�' t ,� � �" ruw .rmwn�rerw�"umn>,�m'rn"`w.'°.'. � I ,•ai! �I ,2 � Is �n�•;� Ld fly '} ;r § x .,• I I . 2wo t I v I iL;'af ` N 7,0'2�00' W I .:;.�• k '�I �t 1008 EA ST YACHT 'DRIVE '� t�€i <'• 8b' .pUBUc,+nIGNrv+"gr,�W Y . # i rowa'ww 1 it •�� . �,� � � yip ,����� �, ° I I � �, `� r;1 c t <:� �► �� .. � :s �'� K� Y 1 ��tt >(I� �ll}}�a i.`r L �t� a IA T E � t �t y.. !e_ .t; 5 \' ? � �'. �.h Y. '� , ''t�1'_ r . • >. j� i h Lu Coastal Management ENVIRONMENTAL QUALITY March 7. 2017 TO: Heidi Cox Assistant Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Oovemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director �0 MAR v,Roo„ w 0 8 ?0» wi o, a, f'ub C fat es IJ 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: C & D Homes, LLC and the Town of Oak Island Project Location: 1608 E. Yacht Dr and the NE 17'h St. right -of way, adjacent to the AIWW, in Oak Island, Brunswick County Proposed Project: to construct approx. 315 linear feet of new vinyl bulkhead with approx. 860 sq. feet of coastal wetland fill 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 March 31, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: _J 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 �WO RECEIVED DCM WILMINGTON, NC MAR 15 2017 State ofNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve En, Wilmington, NC 28405 910-796-7215 tu DESIGN NARRATIVE 1. EXISTING CONDITIONS: The project is located on Oak Island in Brunswick County, and consists of two properties with two property owners. The first property is 1608 E Yacht Drive, and is a single family residence, with an existing wooden bulkhead. The second property is the adjacent 60 foot right-of-way of NE 17d' St. north of E Yacht Rd., and is undeveloped with an area that appears to have be utilized as a boat ramp. The total project area is 37,790 square feet, and is located on the Atlantic Intracoastal Waterway. The mean high water line is located at the face of the bulkhead for the entire length of the existing wooden bulkhead, then wraps around the sides of the shoreline. The existing wooden bulkhead has failed and has had water crest it, resulting in the creation of a small area of coastal wetlands landward of the bulkhead (approximately 860 SF). The elevation of the property ranges from 2 feet to 6 feet NAVD88. The project is located in a AE-I I High Hazard Flood Area. The existing wooden bulkhead at this location has deteriorated and requires to be replaced to maintain shoreline stabilization. 2. PROPOSED DEVELOPMENT: The existing shoreline stabilization at 1608 E Yacht Dr. is proposed to be replaced 1-foot waterward of the existing bulkhead, and will continue at or landward of existing mean high water, and will connect to the two adjacent property bulkheads. The existing failing bulkhead will be removed. Material from the sand pit adjacent to the Oak Island Airport will be transported by Tripp Construction for fill material in addition to the existing material. The bulkhead will be constructed structurally tight to keep material on site. The coastal wetlands that have developed landward of the failing bulkhead will be filled during construction, in order to provide adequate tie back and shoreline stabilization. The purpose of the proposed bulkhead is to protect and stabilize the shore, because the existing bulkhead is no longer stabilizing the embankment or preventing erosion of the embankment. Constructing the proposed bulkhead in front of the existing bulkhead, is to prevent failure of the existing bulkhead during construction. RECEIVED MAR 13 2017 DCM- MHD CITY RECEIVED [)CM WILMINGTON: NO NOV 07 20% DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: C& D Homes, LLC and Town of Oak Island 2. LOCATION OF PROJECT SITE: 1608 E Yacht and NE 171h street end adjacent to the Atlantic Intracoastal Waterway, in the Town of Oak Island, Brunswick County Photo Index - 2006: 9-6131 M-11-12 Lat:33°55'31.73"N Long:78°08'33.24"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 11/23/16 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received—11/7/16 Complete- 2/24/17 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Oak Island Land Classification From LUP — Residential (B) AEC(s) Involved: ES, EW, PTA, CW (C) Water Dependent: Yes (D) Intended Use: Private, Municipal (E) Wastewater Treatment:Existing — Municipal Planned - None (F) Type of Structures: Existing — Vacant residential home site and town street end Planned -Install 315 linear feet of new vinyl bulkhead (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) 860 sq. ft. (B) Non -Vegetated Wetlands Open Water (C) Other 6,300 sq. ft. Uplands (D) Total Area Disturbed: 7,160 sq. ft. (0.16 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct approximately 315 linear feet of new vin I bulkhead with approximately 860 square feet of coastal wetland fill. RECEIVED MAR 13 2017 DCM- MHD CITY C& D Homes, LLC and Town of Oak Island Page Two 9. PROJECT DESCRIPTION The subject property is located at the corner of E. Yacht and NE 17th Street, adjacent the Atlantic Intracoastal Waterway (AIWW), in the Town of Oak Island, Brunswick County. To find the project site, travel south on US Highway 17 to NC Highway 133 South. Travel approximately 22 miles south on NC- 133 to Dasher Cutoff SE/ NC-133.Turn onto Dosher Cutoff and then turn right on Southport -Supply Rd. SE/ NC-133. Travel approximately 0.8 mile and turn left onto NC-133. Travel on NC-133 to Oak Island and turn right on East Oak Island Drive. Travel approximately 4.4 miles to NE 17th Street. Make a right onto 17th Street and the property will be located at the corner of E. Yacht and NE 17th Street. The project site consists of two AIWW front Parcels 1608 E. Yacht Drive and the NE 1711 Street Right of Way. The 1608 E. Yacht property has approximately 199 linear feet of shoreline and the Town of Oak Island's Right of Way street end has approximately 116 linear feet of shoreline. The elevation of the high ground area of the lots averages approximately 4 feet above normal high water (NHW). High ground vegetation consists primarily of native grasses. The shoreline of the property at 1608 E Yacht has been stabilized and the old bulkhead is failing. Erosion has occurred behind the bulkhead, in an area measuring approximately 144 f.t long by approximately 6 ft. wide, and the area has been continually hit by high tide allowing for coastal wetland species to colonize behind the existing wall. Coastal wetlands present landward of the failing bulkhead consist of Salt Marsh Cordgrass (Spartina olternifloro), Spike Grass (Distichlis sp.), Sea Lavender (Limonium sp.) and Glasswort (Salicornio sp.). The Town of Oak Island Street End is stabilized with rip rap landward of coastal wetlands. Coastal wetlands present waterward of the rip rap at the Town street end consist primarily of Salt Marsh Cordgrass (Spartina olterniflora). Normal high water is present along the old bulkhead and the adjacent rip rap. The adjacent properties to the west and east have been stabilized with bulkheads parallel to the AIWW. The project site is bordered by E. Yacht Drive to the south, the AIWW to the north and residential lots to the east and west. No known archaeological sites are within the project vicinity. The Town of Oak Island Land Use Plan classifies the high ground portion of the project area as Residential. The waters of the AIWW are classified SA by the Division of Water Resources and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to install approximately 315 linear feet of new vinyl bulkhead with approximately 860 square feet of coastal wetland fill and 144 sq. ft. of shallow bottom habitat fill. As proposed, the bulkhead would be installed a maximum of 1 ft. water ward of the existing wooden bulkhead at 1608 E. Yacht and would be waterward of the colonized coastal wetlands, but landward of the Normal High Water line (NHW). The proposed bulkhead at the Town of Oak Island Street End would be landward of both coastal wetlands and the NHW line. As proposed, the bulkhead alignment would connect to the existing bulkheads of the adjacent riparian properties to the west and east. Portions of the existing rip rap along the Town of Oak Island property boundary gbebe removed to allow for bulkhead installation above Normal/Mean High Water (se its MAR 13 2017 DCM- MHD CITY C& D Homes, LLC and Town of Oak Island Page Three Irt- of disturbance would be located approximately 20 feet landward of the proposed bulkhead alignment for the tie back system. 11. ANTICIPATED IMPACTS The proposed new bulkhead construction with associated backfill and tie back/anchor system would result in the filling of approximately 860 square feet of Coastal Wetlands and 144 sq. ft. of shallow bottom habitat in the Estuarine Water/Public Trust and Coastal Wetland Areas of Environmental Concern (AEC). The proposed bulkhead construction would result in the disturbance of approximately 6,300 square feet of high ground. Submitted by: Tara MacPherson Date: March 6, 2017 Office: Wilmington RECEIVED MAR 13 2017 DCM--Mij :,�y Coats, Heather From: taritamac@gmail.com Sent: Tuesday, May 02, 2017 9:00 AM To: Coats, Heather Subject: E yacht photos 1608 On I Coastal Management ENVIRONMENTAL QUALITY March 6, 2017 Ms. Elizabeth Nelson Cape Fear Engineering 151 Poole Rd. Suite 100 Belville, NC 284051 Dear Ms. Nelson: ROY COOPER Governor MICHAEL S. REGAN S-1—tery BRAXTON DAVIS Direcror The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for C&D Homes, LLC, for State approval for development of property located at 1608 E. Yacht Drive and the NE IT' Street Right of Way located in Oak Island, Brunswick County. It was received as complete on February 24, 2017 and appears to be adequate for processing at this time. The projected deadline for making a decision May 10, 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 February 24, 2017, 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 I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sy, ,v` Tara MacPherson Field Specialist cc: Heather Coats, DCM Tyler Crumbley, COE Doug Huggett, MHC David Purser, Applicant Chad Coburn, DWR David Kelly, Town of Oak Island, Applicant RECEIVED MAR 13 2017 State of North Carolina I Environmental Quality l Coastal Management DC"- MHD CITY 127 Cardinal Drive Ext , Wilmington, NC 29405 910-796-7215 \T01'1'I(0';1: CAMA PERMIT APPLIED FOR To construct a vinyl bulkhead with approx. 8 w PROJECT: Yacht Dr. - MW the , ' , Brunswick Coun COMMENTS ACCEPTED THROUGH __March 315 2017 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: C & D Homes, LLC 0 s �� NC Div. of Coastal Management Town of Oak Island, 127 Cardinal Dr. Extension c/o David Kelly X w rry Wilmington, NC 28405 4601 E. Oak Island Drive o Tara MacPherson Field Specialist Oak Island, NC 28465 0 910-796-7425 Brenda M. Clee MDlatr of D.rda Nc MvIbIo6 STIm: $M.a ar (q 04$Mt1 Excise Tax: S 860.00 ter OuQy" n i k • Ck cash s Rtqund: _ _ Cesn 9 _ Frlana0_ Opals 01�.amce i�kycc a.Amwidba atdgrit num imism5 vMr .yyp±. NORTH CAROLINA GENERAL WARRANTY DEED Carolina Attorney. Delinquent faxes, Prepared by & Ma6/Box to: Cox Law Firm 5320 undeers Koad. L= bum a. anauoQe. Irt, � va WITHOUT OPINION ON TITLE Brief description for the Index: L-1, 2 B•163 S-11 TH PLAT 5/128 GRANTOR James R. Somers and wife, Ruth B. Somers 1900 Reidsville Road Boiling Springs Lakes, NC 29461 as C & D Homes LLC 5001 O'Quinn Blvd. 91 Southport, NC 28461 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 ofwhich is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lotor parcel of land situated in Brunswick County, North Carolina and more particularly described as follows: BEING Lot No. ONE (1) & TWO (2) Block ONE HUNDRED SIXTY THREE/Section ELEVEN (11) of a subdivision of property according to a asap of same made by H. M. IAUGHLIN, surveyor, on the _ day of AUGUST, 1959, being known as Tranquil Harbour, a section of Long Beach, North Carolina, said lots having the metes, bounds and location as shown on said map, which map is recorded in Book 5, of Maps, at Page 128, of the Brunswick County Registry. The property heremabove described was acquired by Grantor by insmlment recorded in Book 293, Page 372. A map showing the above described properly is recorded in Plat Book 5, Page 128. The property heremabove described does include the primary residence of at least one Grantor. RECEIVED MAR 13 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, Nf VUV 0 7 2016 II ,...IIIIIIIIIIIIIIIIIII"i.tII f U. P1 4m ro 2 8runcW ck Caunty, NC Rpistcr of needs pegs 2 of 2 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized ofthe premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Any and all applicable easements and public and private utility or rights of way of record or otherwise affecting said properly. Ad valorem taxes for current and subsequent years. Subject to all applicable Restrictions, Limitations and Reservations of record and as amended and supplemented from time to time. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as ofthe day and year first above written. SEAL Jame,,-� '+��� Aexx- 19 -Csv t'QA SEAL Ruth B. Somers STATE OF NORTH CAROLINA COUNTY OFBRUNSWICK I, W. Richard Cox, allotary public for said County and State, do hereby certify that James R. Somers and Ruth B. Somers, either being personally (mown to me or proven by satisfactory evidence, personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by he/she/them for the purposes stated therein. WITNESS my hand and notarial seal, this z � eday of June, 2016. GJ �� Notary Public W. Richard Cox (Official Seal) My Commission Expires: 02/172018 tsQTaRr'; Py 1) k,..:....: t�A' S RECEIVED MAR 13 2017 RECEIVED DCM WILMINGTON, NO DCM- MHD CITY NOV 07 2016 ,n. N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date October 20, 2016 Name of Property Owner Applying for Permit: C & D Homes LLC Mailing Address: WS11:11ROYOTT „ I certify that I have authorized (agent) ELIZABETH M NELSON, PE to act on my CAPE FEAR ENGINEER behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) pROposFD BIII KHFAD , at (my property located at) 1608 E Yacht Dr- Oak Island NC 28465 This certification is valid thru (date) 10/20/17 Property Owner Signature 1l RECEIVED MAR 13 Z017 DCM- MHD CITY Date RECEIVED DCM WILMINGTAN; NC 0 07 20% 0 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date October 20, 2016 Name of Property Owner Applying for Permit: Town of Oak Island Mailing Address: I certify that I have authorized (agent) ELIZABETH M NELSON, PE to act on my CAPE FEAR ENGINEER behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) PROPOSED BI 11 KNEAD at (my property located at) NE 17th Street 60' Right -of -Way Oak Island NC 28465 This certification is valid thru (date) 10/20/17 L__ _J �—) Property Owner Z _1b RECEIVED MAR 13 2017 DCM- M&ID C" d' T Y Date RECEIV OCMWILMIM� � �� NOV 0 7 2016 CAPE FEAR ENGINEERING Certified Mail — Return Receipt Requested November 7, 2016 Ricky Earnhardt and Kellie Earnhardt 6735 Benson Hardee Rd. Benson, NC 27504 RE: 1608 E Yacht Dr. Oak Island, NC CAMA Major Application Dear Property Owner, The property owners at 1608 E Yacht Dr. is applying for a CAMA Major permit to replace their existing bulkhead at Oak Island. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian owner to the aforementioned project, this applicant is required to notify you of the development in order to give you the opportunity to comment on the project Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to the following address, within 30 days of your receipt of this notice. Debbie Wilson, District Manager NCDENR, Division of Coastal Management 127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me 2AMLR�D email me at elizabeth.nelson@capefearengineering.com. 1 CCU Sincerely, MAR 13 2017 7", DCM- MHD CITY abeth M. Nelson, PE RECEIVED DCM WILMINOTOK Ne Attachments: Applications and drawings File: 875-225 "38" Nov 0 7 2016 151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: (910)383-1044 • FAX (910)383- 1045 www. cap efe a reng in ee r in g. corn Iw CAPE FEAR ENGINEERING Certified Mail — Return Receipt Requested November 7, 2016 Ricky Earnhardt and Kellie Earnhardt 6735 Benson Hardee Rd. Benson, NC 27504 RE: 1608 E Yacht Dr. Oak Island, NC CAMA Major Application Dear Property Owner, The property owners at 1608 E Yacht Dr. is applying for a CAMA Major permit to replace their existing bulkhead at Oak Island. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian owner to the aforementioned project, this applicant is required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to the following address, within 30 days of your receipt of this notice. Debbie Wilson, District Manager NCDENR, Division of Coastal Management 127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (910) 383-1044 or email me at elizabeth.nelson@capefearengineering.com. Sincerely, abeth M. Nelson, PE Attachments: Applications and drawings File: 875-225 "38" RECEIVED MAR 13 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC 151 Poole Road, Suite 100 • Belville, NC 28451 • TEL.- (910)383.1044 • FAX (910(383- 1045 www.copefearengineering.com CAPE FEAR ENGINEERING 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 www.capefearengineering.com To: NCDEQ - DCM Attn: Tara MacPherson c� 1b. qar"s Transmittal Date: February 24, 2017 File: 875-225-a38" Subject: CAMA Major 1608 E Yacht Dr. & NE 17t' Street ❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No. I Description 2 Copies I Site Plans, revised 2-24-15, Sheet C-1 REMARKS Revised drawina Der email dated 12/6/16. CC: File 875-225-"38" Cape Fear Engineering, Inc. Signed: abeth M. Ne ct„2�� Received By: RECEIVED MAR 13 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC FEB 2 4 2017 PAMIB75-225 1008 & 16M E Yadn CAMAWOmin1CAMN201 ]-02-26 Trwn CAMtiPdBl.dm Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY January 11, 2017 David Purser, Managing Member C&D Homes, LLC 5001 O.Quinn Blvd. SE #1 Southport, NC 28461 ROY COOPER WU Governor WILLIAM G. ROSS, JR. Acting Secretary TRACY E. DAVIS Director Town of Oak Island c/o Gene Kudgus, Stormwater Administrator 4601 E. Oak Island Drive Oak Island, NC 28465 Subject: EXEMPTION Stormwater Project No. SW8 161104 1608 E. Yacht Drive & NE 17th Street Brunswick County Dear Mr. Purser and Mr. Kudgus: On November 7, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on January 11, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Christine Hall at (910) 796-7215, or via e-mail at christine.hall@ncdenr.gov. RECEIVED Sincerely, MAR 13 2017 Tracy E. Davis, P.E., Director DCM- MHD CITY Division of Energy, Mineral, and Land Resources GDS/canh: \\\Stormwater\Permits & Projects\2016\161104 Exemption\2017 01 permit 161104 cc: Elizabeth Nelson, Cape Fear Engineering Brunswick County Planning, Engineering or Building Inspections RECEIVED Tara MacPherson/Shaun Simpson-DCM WIRO DCM WILMINGTON, NC DCM Morehead City Wilmington Regional Office Stormwater File JAN 12 2017 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wgmington Regional Office 1127 Cardinal Drive Extension I Wilmington NC 28405 9107967215 Coastal Management ENVIRONMENTAL QUALITY December 12, 2016 C&D Homes, LLC c/o Elizabeth Nelson 151 Poole Road, Suite 100 Belville, NC 28451 RE: CAMA Major Development Permit Application C&D Homes LLC / Town of Oak Island 1608 E Yacht Drive and NE I r Street Oak Island, NC 28465 Dear Ms. Nelson: PAT MCCRORY G'wernor DONALD R. VAN DER VAART Seeman BRAXTON DAVIS Uimewr The Division of Coastal Management hereby acknowledges receipt of your application on November 29, 2016, acting on behalf of C&D LLC and the Town of Oak Island, for bulkhead construction at 1608 E Yacht Drive and NE 17 h Street, in Oak Island, Brunswick County. Based on the information you provided, your application package lacks information necessary to complete processing. I requested additional information while meeting Mr. Purser onsite on November 23, 2016 and sent a follow up email on December 6, 2016. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796-7266. Sincerely, Debra Wilson District Manager, NC Division of Coastal Management's Wilmington Regional Office Tm/Dw cc: Tara MacPherson, DCM-Wihmington RECEIVED Heather Coats, DCM Wihmington MAR 13 2017 Electronically delivered to dpurser4@carolina.rr.com State of Nortli Carolina I Environmental Quality I Conti] Management DCM - M H D CITY 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 ADDITIONAL INFORMATION REQUESTED After reviewing your recently submitted CAMA major permit application submittal, it has come to the attention of the N.C. Division of Coastal Management (NCDCM) that the following items are missing from your application package. 1. Please provide proof of receipt of adjacent riparian property owner notifications via certified mail receipt. 2. Please include a revised site plan including both the existing rip rap and the existing coastal wetland line at the NE 17'h street location (This line was flagged on 11/23/16 during my site visit with Mr. Purser). RECEIVED MAR 13 2017 DCM- MHD CITY Elizabeth Nelson From: MacPherson, Tara <tara.macpherson@ncdenr.gov> Sent: Tuesday, December 06, 2016 8:59 AM To: dpurser4@carolina.rr.com; Elizabeth Nelson Cc: Simpson, Shaun Subject: 1608 E Yacht Drive Major Permit App C&D Homes Good Morning David, I have not received the revised site plan for this project that we discussed during my 11/23/16 site visit. The Coastal Wetland Line that I flagged on the Town street end property and the existing rip rap both need to be included on the drawing. The application cannot be processed without this information. Please send the revised drawing as soon as possible. Thanks, Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macpherson@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 =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. RECEIVED MAR 13 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC FEB 2 4 2017 Simpson, Shaun From: MacPherson, Tara Sent: Tuesday, December 06, 2016 8:59 AM To: dpurser4@carolina.rr.com; elizabeth.nelson@capefearengineering.com Cc: Simpson, Shaun Subject: 1608 E Yacht Drive Major Permit App C&D Homes Good Morning David, I have not received the revised site plan for this project that we discussed during my 11/23/16 site visit. The Coastal Wetland Line that I flagged on the Town street end property and the existing rip rap both need to be included on the drawing. The application cannot be processed without this information. Please send the revised drawing as soon as possible. Thanks, Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macpherson@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 0. 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 MAR 13 2017 DCM- MHD CITY NC Division of Coastal Management AEC: canal @ AIWW Fee $400 #1863/ Major Permit Application Computer Sheet CDAITS / MHC cc Applicant: C&D Homes, LLC and Town of Oak Island Agent/Contractor: CF Engineering, Inc c% Elizabeth Nelson Project Site County: Brunswick Staff: District: Wilmington Project Name: 1608 E Yacht Dr & NE 17" Street Bulkhead Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 11-7-16 Date application "received as complete" in the Field office: I SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes Wo PNA: Kyes []No Photos Taken: Yes No[] Setback Required (riparian): ❑Yes ❑ Critical Habitat: ❑Yes UNO Not Sure 15 foot waiver obtained: ❑Yes o Hazard o ification Returned: ❑Yes J0 SAV: []Yes XNo ❑Not Sure Shell Bottom: ❑Yes ❑No Not Temporary Impacts: OYes ❑No Sure Sandbags: OYes KNo ❑ Not Sure Did the land use cla ification come Mitigation equired (optional): from county LUP:MYes [-]No❑Yes No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes * ❑NA ❑Yes'�No❑NA a FT. Shellfish Area De i nation: Project Description: (code) Developme t Area: (code) il.E/i Open -or- losed 0 l CONDARY WATER CLA551FICA t IUN — UN I IUNAL (choose MAR Or 4) UJTwture Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) I ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional S) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina Ite ora) cynosuroides) S) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) s icata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Salttmeadow grass (Spartina roemerianus) patens) 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 D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 E3 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commerciaUno dredge RECEIVED $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w ID&F to 1 MAR 13 2017 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Lj%iIvl- lvll ry v, Homes B Town of Oak Island Describe below the ACTIVITIES that have been applied for. measurement found in your Activities code sheet. 9� AI`values should match the dimension order, and units of —7 TYPE REPLACE Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace ,�— Maint ❑ New Wort'Replace Y ❑ N Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ V N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 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. Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tamp impacts) impact amount) temp impacts) amount Dredge ❑ Fill Both ❑ Other ❑ `� q l � Dredge ❑ Fill Both ❑ Other ❑.� ��il/ Dredge ❑ Fill ❑ Both ❑ Other LT Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑LLJ Q Dredge ❑ Fill ❑ Both ❑ Other ❑ > o LU Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1-888-4RCOAST :: w .nccoastalmanauement.net revised: 10/12/06 MAJOR PERMIT FEE SCHEDULE - C&D Homes, LLC/$400, CK #1863 /Brunswick Co DCM % DWQ % Development Ta Fee 14300160143510009316256253) 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $250 100% $250 0% ($0 III(B). Public or commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 900 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $4 60% $240 40% $160 III(D). If General Water Quality Certification No. 3900 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands [and/or open water areas: $475 60% $285 40% $190 RECEIVED MAR 13 2017 DCM- MHD CITY W-L� Payment Proccessing Confirmation Date Received I11/7/2016 Check From (Name) LPM Revenue Share LLC Name of Permit Holder C & D Homes, LLC Vendor BB&T Check Number 1863 Check amount $400.00 Multiple Permits No Major/Minor Major Permit Number/Comments Maj Fee, 1608 E. Yacht Drive, Oak Island, Brunswick Receipt or Refund/Reallocated JD/3403D RECEIVED MAR 13 2017 DCM- MHD CITY CAPEFEAR ENGINEERING 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 v .capefearengineering.com Transmittal Date: November 7, 2016 File: 875-225-"38" Subject: CAMA Major 1608 E Yacht Dr. & NE 17th Street ❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No. Description 1 Application CAMA Major Permits Application, DCM MP-1, DCM MP-2, 1 Copy Agent Authorization for Elizabeth Nelson, P.E. from C&D Homes 1 Copy Agent Authorization for Elizabeth Nelson, PE from Town of Oak Island 1 Copy Project Narrative 1 Copy Deed for Tax Parcel 235GA008 2 Letters Adjacent Property Notifications 2 Copies Site Plans, Sheet, C-1 1 Original Check in the amount of $400 for required application fee REMARKS Certified Mail receipts and green cards will be forwarded upon receipt Fie 875-225= 38" E C E l V Ei1. Ca ar Engineering, Inc. e Signed: NOV 0 7 2016 Elizabeth M. Nelson, PE Received Date: RECEIVED MAR 13 2017 DCM WILMINGTON, NC NOV 0 7 2016 DCM- MHD CITY P'.W"75-2251606 & 1606 E Ya&t CAMAtAdmin\CAMA\Tranamittal_CAMA-MaL201611-07.dm W Coastal Management ENVIRONMENTAL QUALITY March 7, 2017 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 ROY COOPER Governor MICHAEL S. REGAN $ecmtary BRAXTON DAVIS Dimcror Re: Major Public Notice: C & D Homes, LLC and the Town of Oak Island / Brunswick Co. Kyle & Heather: Please publish the attached Notice in the Friday, March 10, 2017 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerely, Shaun K. Simpson Permitting Support & Custome Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM RECEIVED MAR 13 2017 DCM- NIHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 CAPE FEAR ENGINEERING 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 www.capefearengineering.com TO: I NCDEQ - DCM I Attn: I Tara MacPherson ❑ As Requested ❑ Sent via Mail Quantit Transmittal Date: December 13, 2016 File: 875-225 "38" Subject: CAMA Major 1608 E Yacht Dr. Green Cards and Certified Receipts ❑ For Your Files ❑ For Distribution ❑ Sent via Courier 2 ■ Complete items 1, 2, and 3. 2 ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, — or on the front if soaca m"Ite T (J D.Is --sGMP-S G(yy Sc� If 59t$�,.ot-i1e1.,e-&' Pa.'-V'�' X 97379 9590 9402 1404 5329 2390 22 7015 3430 0000 8220 3282 REMA ,o Form 3811, July 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attaoq1 this card to the back of the mailpiece, CC: or on(the front If space permits. File 875 1 Article Addressedto f�- �1,;�K a-tCe.11; 6? a�so4 IIIIIIIII IIII IIIIIIIIII IIIIIIIIIIIIIII I II I I III 9590 9402 1404 5329 2390 39 P: W5W!!-2 7015 3430 0000 8220 - u 2015 PSN 7530-02-000-9053 ® For your Review / Action / Approval ncerrintinn O Agent eY a/dress different from Item 17 ❑ Yet enter delivery fq8Mheleae 0No DCM WILMINGTON, NC DEC 14 2016 ❑ Priority Mail Express® ❑ Registered Mail'" O Re"pistared Mail Restricted U Certified Mal Restricted Delivery ❑ Collect on Delivery ❑ Retum Recelpt for Merchandise L ❑ Collect on Delivery Restricted Delivery ❑ Signature Conlirmal sured Mal ❑ Signature Confirmation sured Mall Restricted Delivery rver $500) Restricted Delivery ECEIVED II 13 2017 Domestic Return Receipt MHD CITY ❑ Agent B. ReOved by (Printed Name) D. Dote oft)elivery /1-/V j6 D. Is delivery address different from aem 17 ❑ Yee If YES, enter delivery address below: ❑ No RECEIVED DCM WILMINGTON, NC DEC 14 2016 ngineering, Inc. ith M. Nelson, PE Service Type ❑ Priority Mall Express® adult signature ❑ Registered Mall^ Adult Signature Restricted Delivery ❑ Registered Mall Restdctetl tEertifed Mail® Delivery Codified Mail Resricted Delivery D Return Rec for Collect on Delivery C n, on Delivery Restricted Delivery elpt D Signature Confirmation'" ad Mail ❑ Signature Confirmation td Mall Restricted Delivery ReWeed Delivery ..Am$500) Domestic Return Receipt