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HomeMy WebLinkAbout57-17 Crowder, RoyPermit Class Permit Number NEW 57-17 STATE OF NORTH CAROLINA Department of Environmental Quality and RECEIVED Coastal Resources Commission 9` Vern't MAY 112017 for DCMM MHD CITY X Major Development in an Area of Environmentta1 Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Roy Crowder,110 Equestrian Ct., Cary, NC 27513 Authorizing development in Brunswick County, adi. to a manmade canal, at 424 Marlin Street. Sunset Beach as requested in the permittee's application dated 2/8/16 (MP-1). 2/8/17 (MP- 2) incl. attached workplan drawing, dated 2/8/17. 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 >e suDlect to rmes, imprisonment or ctvu acuon; or may cause me permit to oe nun anu voiu. Bulkhead 1) The bulkhead shall be constructed in the same alignment as depicted on the attached workplan drawing. 2) 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. 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 4) The bulkhead shall be constructed prior to any backfrlling activities. (See attached sheet 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. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. E- rrrnc Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Roy Crowder Permit No. 57-17 Page 2 of 2 ADDITIONAL CONDITIONS 5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitablematerials approved by Division personnel. 7) All backfill material shall be clean and free of any pollutants except in trace quantities. 8) The bulkhead shall not exceed the lateral bounds of the permittee's property, and shall be structurally independent of the adjacent bulkhead to the south. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 10) 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 11) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 12) 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. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has assigned this project DWR Project No. 2017-0242. NOTE: The U.S. Army Corps of Engineers has authorized this project under Nationwide Permit 18 (Action ID No. SAW-2017-00614), which was issued on 3/24/17. NOTE: An application processing fee of $400 was received by DCM for this project. ROY COOPER cov¢r'no, " Z'MICHAEL S. RECAN Secretary Energy. Mineral & TRACY DAMS Land Resources o'""`tor ENVIRONMENTAL OVALITY May 31, 2017 Mr, Roy Crowder 424 Marlin, LLC 110 Equestrian Court Cary, NC 27513 Subject: EXEMPTION Stormwater Project No. SW8170227 Crowder Bulkhead Project Brunswick County Dear Mr. Crowder: On February 22, 2017. 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 February 23, 2017 has determined that the development activities proposed at this time will not i pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are I 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 15.A NCAC 2H.1000, the stormwater rules. By i 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 Georgette Scott at; (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Sind For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: WtStormwaterlPermits & Projects12017 \170227 Exemption12017 05 permit 170227 cc: Cape Fear Engineering Brunswick County Building Inspections Sean Farrell/Shaun Simpson — DCM WIRO DCM Morehead City RECEIVED Wilmington Regional Office Stormwater File JUN 13 2017 DCM- MHD CITY Slate of Not Carolina l Environmental Qualit3 I Enerrn.Mineraland Land Resources 917 N. Salisbury Strect 11nl2 Mail Service Ccnitt l Raleigh. North Carolina 27649-I612 474 10i 9200 Coastal Management tltmnX)HPI ru G UU.RY Ms. Kathleen Chinnis 61 Lands End Drive Greensboro, NC 27408 Dear Ms. Chinnis: ROY COOPER Governor MICHAEL S. REGAN Secrewy BRAXTON C. DAVIS DBector May 9,2017 RECEIVED MAY 11 2017 DCM- MHD CITY This letter is in response to your correspondence, which was received by the Division of Coastal Management on March 6, 2017, regarding your concems about the proposed development by Roy Crowder, at 424 Marlin Street, adjacent to a canal off the AIWW, in Sunset Beach, Brunswick County. The proposed project consisted of a new bulkhead to be constructed waterward of an existing bulkhead. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. Please contact me at (910) 796-7302 if you would like me to send you the applicable forms and instructions that must be filed prior to that deadline or if you have any additional questions. Alternatively, the forms can also be found on our website. Respectfully yours, Heather Coats Assistant Major Permits Coordinator Cc: Wilmington Files Morehead Files State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1 127 Cardhtal Drive Extension I Wilmington. North Carolina 28405 9107967215 Coastal Management ENVIRONMENTAL atl L x April 24, 2017 Cape Fear Engineering, c/o Elizabeth Nelson 151 Poole Rd., Suite 100 Belville, NC 28451 Dear Ms. Nelson: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director This letter is with reference to your application for a Coastal Area Management Act Major Development permit, acting as agent for 424 Marlin, LLC, to undertake development activities at property adjacent to the AIW W, at 424 Marlin St., Sunset Beach, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make July 9, 2017, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. Sincerely, RECEIVED MAY 11 2017 Heather Coats CM- MHD CITY Assistant Major Permits Coo pi r cc: Wilmington/MHC Files State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 9107967215 Coats, Heather From: Elizabeth Nelson <elizabeth.nelson@capefearengineedng.com> Sent: Tuesday, May 09, 2017 11:44 AM To: Coats, Heather Subject: 424 Marlin Street Heather, I received your call, and for classification the permit for 424 Marlin Street does need to be written to Roy Crowder (etals), not 424 Marlin, LLC. Thanks, Elizabeth M. Nelson, PE WI WE IN elizabeth. nelsonCcbcaoefearena ineedna. com PH: 910.383.1044 151 Poole Road, Ste. 100 ( Belville, NC ( 28451 RECEIVED MAY 11 2017 DCM- MHD CITY Division of Coastal Mana eg ment Application Processine Notes Applicant: �201 C�yj9ff Type (check all that apply) NEW // MAJOR MOD MINOR MOD RENEWAL TRANSFER, Permit Coordinator: ' A - C-w ' S Field Representative: S • Fkazze L, Date/Time Messaee 5/s/ 17 sir fV-t fr r -w P4 Ovj l' Jr fva lean a v . V c,'D E iL-fapN\. PW IT'S— tt-, 5/ ��i7 rL�VIDJ1�) APPLI G/gSIJIJ � �� Y w/ Dt it —%k 0N6 W� L Tla2 Or- CoKCeQ4- p n K, (,ti,NK . N�'J LLrt+ell . Y feo?eeTj aw srh� CL-l--L, TPwS -M i�o1�l'na��S?) ho,T pfH t W � &� 01� -r% l Sq..1,1; pd Ce 4eMV CL(*C' c/ slar'J 6W7-u&i 7° 5t2eZi 9z (WO 7- 7U CvhNNtS 1r�6�C fi fi Lso n Sivo 66= let'SPa �� c C0rIrIKMeO W/ Sr N j2CW 1 !i Cc4g C11DnlT lS��vvES Ern��i m lr-�,zrk�c TFt �oN�e�r,. t2oyc�oula�2W5 10,0. RECEIVED MAY 11 2017 DCM- MHD CITY 0/I March 3, 2017 Debbie Wilson, District Manager NCDENR, Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 RE: 424 Marlin Street Sunset Beach, NC LAMA Major Application Dear Ms. Wilson, Looking at the plat of the proposed plan, I am surprised that it is allowable to fill and add four additional feet to the lot. As it appears this puts the bulkhead even with ours. This is not an objection in itself, but there are two concerns: 1) The additional fill adjacent to us must not change the surface or sub -surface runoff to the point of eroding soil around our existing bulkhead. 2) The new bulkhead should not allow the elevation of the lot to be raised, thus causing excess runoff to our lot. 3) The new bulkhead should be independent of out existing bulkhead. Regards, / '�'k U"f 0) 1 2k�S Kathleen W. Chinnis DCM WILM NIGTON, NC MAR 0 6 2017 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD i2 (y I) APPLICANT: JnWi+ , Crowder (424 Marlin, LLQ PROJECT NAME: Crowder Bulkhead w4rdl COUNTY: New Hanover LOCATION OF PROJECT: 424 Marlin St, adjacent to a canal ofjof the AIWW, in Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-9-17 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Sean Farrell/ DISTRICT MANAGER REVIEW: �L D B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 2-23-171/ Se.''r 2/A)%-1 (,tfirtNtS GG -2Juq,'7 ADJ. RIP. PROP NOTICES REC'D::-SMS GC,T W/i / APPLICATION ASSIGNED TO: W C) 75 DAY DEADLINE: L 1 MAIL OUT DATE: 2-21-17 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $4001 #1012 J END OF NOTICE DATE: 3-16-17 DEEDREC'D: 2 A 1m ON: a: 150 DAY DEADLINE: STATE DUE DATE: 3-16-17 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative ✓ Coastal Management - LUP Consistency 4j113 1 Division of Community Assistance 14 17 ✓ Land Quality Section (DEMLR) 27/ t Division of Water Resources (401) I t ( ✓ N VJ L TO I 'Ozq-t- Storm Water Management (DEMLR) t 17 State Property Office l 7 Division of Archives &History 3 7 t ✓ Division of Environmental Health ► 7 `� Division of Highways 3J21 17 ✓ Wildlife Resources Commission c3`IO I� D Local Permit Office EB 232017 Division of Marine Fisheries / DCM 2 1 ] L)C Corps of Engineers S b/17 ✓ NW l Y S->—7-a17-60 / Y 9wS 2/2-1J17 1Z /17 Recommendations for State Permit — Crowder c/o Cape Fear Engineering 02/21/2017 It is the staff's recommendation that the applicant's proposal to install approximately 50 linear feet of bulkhead with a maximum of approximately 100 square feet of coastal wetland appears to be CONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (7) (D)(iii) Use Standards for Bulkheads and Shore Stabilization Measures states "the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners." It would seem that removal of the existing dilapidated bulkhead and construction of the new bulkhead on the landward side of the area of coastal wetlands would present a greater environmental problem with potential erosion and washout during the construction process as well as pose a possible threat to the foundation of the existing house structure. It is the opinion of this office that the proposed bulkhead is CONSISTENT with the Use Standards for Coastal Wetlands, Estuarine Waters and Public Trust Areas, as set forth in NCAC 07H .0205, .0206 & .0207. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the standard conditions for bulkheads RECEIVED FEB 2 3 2017 DCM- MHD CITY VII MEMO To: Heather Coats From: Michael Christenbury, Wilmington District PlanneWnoy Subject: Consistency Determination, Major Permit Applicatiowder, Sunset Beach, Brunswick County Date: April 13, 2017 Consistency Determination: This project is consistent with the Sunset Beach Land Use Plan Update. The applicant proposes to construct approximately 50 linear feet of new vinyl bulkhead with approximately 100 square feet of coastal wetlands fill. The project is located at 424 Marlin Street, adjacent to a manmade canal off of the AIW W in Sunset Beach, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW PTA, and CW. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Conservation. In general, the Town of Sunset Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Sunset Beach Land Use Plan. Cc: File Coastal Management ENVIRONMENTAL QUALITY February 21, 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Drcdor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats@ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: John Crowder (424 Marlin, LLC) Project Location: 424 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach Proposed Project: to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. 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 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "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 4vt,-- a'I J �-f — DATED 2 2 y l % State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NC 29405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN secremry BRAXTON DAVIS ,rector February 21, 2017 Cz TO: Dan Sams g` EB Z 3 z017 District Manager-DEMLR - Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsC(ilncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: John Crowder (424 Marlin, LLC) Project Location: 424 Marlin St., adjacent to a canal off of the AIINVV, in Sunset Beach Proposed Project: to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. 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 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "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 Z�ZIf� OCM WIEM NNGETON. NC State of North Carolina I Environmental Quality I Coastal Management FEB 2 9 au 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215; Na Coastal Management ENVIRONMENTAL QUALITY February 21, 2017 TO: FROM SUBJECT: Applicant: RECEIVEDINCDENWDWR FEB 2 2 2017 Water Quality Regional operations Section Regional Office Wilmington Chad Coburn 401 Wetlands DWR-WiRO ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Heather Coats, Assistant Major Permits Coordinator t NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(d).ncdenr.gov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review John Crowder (424 Marlin, LLC) Project Location: 424 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach Proposed Project: to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. 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 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. 6vl i .(wra 7) REPLY: This agency has rib objection to the projdct 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 Y` 6 /7 RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management APR 11 2017 127 Cardinal Drive Ezt., Wilmington, NC 28405 910-796-7215 11� Coastal Management ENVIRONMENTAL QUALITY February 21, 2017 Georgette Scott Stormwater Section DEMLR - WiRO ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director rFCM EIVE 2 2 2017 BY: FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., INC 28405 heather. coats(ccilncdenr_go v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: John Crowder (424 Marlin, LLC) Project Location: 424 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach Proposed Project: to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. 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 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "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 V���C� DATED RECEIVED DCM WIILMIINGTON, INC State of North Carolina I Environmental Quality I Coastal Management MAR 17 2017 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 In Coastal Management ENVIRONMENTAL OLALITY February 21, 2017 TO: Tim Walton Dept of Administration State Property Office REC�`a _J FEB 2 3 2017 DOA STATE PROPERTY OFFICE ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS D, eCwr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: John Crowder (424 Marlin, LLC) Project Location: 424 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach Proposed Project: to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. 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 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "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 L 4/7 RECEIVED DCM WILMINGTON, NC MAR 01 2017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 ROY COOPER (;.W. r , Coastal M ENVIRONMENTAL N February 21, 2017 TO: FROM SUBJECT. Applicant: Project Location: FEE 2 7 2017 HISTORIC PRESERVATION OFFICE MICHAEL S. REGAN S"Wwy BRAXTON DAVIS I),rtnor a 1}, 0366 Renee Gledhill -Early Dept of Cultural Resources Archives & History Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext.: Wdm., NC 28405 heathercoatsa(a)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review John Crowder (424 Marlin, LLC) 424 Martin St., adjacent to a canal off of the AIWW, in Sunset Beach Proposed Project: to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. 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 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" VThis 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 CSC l DATED RECEIVED DCM WILMINGTON, NC MAR 0 7 2017 State nr Nnnh Cw,4ma I FAVwOrane" QtNI I Cos" MRnaruxnk G' (inLnd Ihrve Pa . WdimnSIM NC 2E005 FEB 2 8 ,' ?1, 2017 ROY COOPER Governor a MICHAEL S. REGAN Secrelary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY February 21, 2017 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: John Crowder (424 Marlin, LLC) Project Location: 424 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach Proposed Project: to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. 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 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" IThis 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. Fov 4Nc�y N�7,, ti , l RECEIVE SIGNED Gr Z D 2 7 MAR 0 3 2017 DCM- MHD CITY State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 3 Coastal Management ENVIRONMENTAL QUALITY February 21, 2017 TO: David Harris NC DOT Roadside Environmental Unit RECEIVED WAR 1 2011 DISTRICT 3 ROY COOPER Governor 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(aD-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: John Crowder (424 Marlin, LLC) Project Location: 424 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach Proposed Project: to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. 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 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** XThis 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 JaDATED 3 ECEIVE Slate of North Carolina I Environmental Quality I Coastal Management MAR 2 1 201/ 127 Cardinal Drive Ext., Wilmingtoa, NC 28405 910-796-7215 TV Coastal Management ENVIRONMENTAL QUALITY 1- o7. 7.4. 11 February 21, 2017 TO: Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER Governor MICHAEL S. REGAN seernl,,y 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�ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: John Crowder (424 Marlin, LLC) Project Location: 424 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach Proposed Project: to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. 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 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. /"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 "� 1�I DATED 3`8-1,0IT RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management M{in 1 Q 209, 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 E40 Coastal Management ENVIRONMENTAL QUALITY February 21, 2017 TO: RECEIVED FE9 2 7 2917 0CM-Flsheiies WARO Shane Staples DCM Fisheries Resource Specialist ROY COOPER Governor 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.gov Fax: 395-3964 ,(Courier 04-16-33 SUBJECT: CAMA / Dredge $ Fill Application Review Applicant: John Crowder (424 Marlin, LLC) Project Location: 424 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach Proposed Project. to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. of coastal wetland fill Please indicate below your agency's position or viewpoint on the proposed project and Freiurn this form. to Heather Coa7at the address above by Match 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. /"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. DATED Jz�/7 - Received MAR 0 2 2017 DCM State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 !, q :. " "l, U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-00614 County: Brunswick U.S.G.S. Quad: State -Quad GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Penniffee: Roy L. Crowder 110 Equestrian Court Cary, North Carolina 27513 Telephone Number: 910-383-1045 E-mail: rov.lee.crowderAgmail.com Size (SF): 150 SF Nearest Town: Sunset Beach, NC Nearest Waterway: AIWW River Basin: Lumber USGS HUC: 03040208 Coordinates: Latitude: 33.87061 Longitude:-78.50142 Location description: Property is located at 424 Marlin Street adjacent to the AIWW in Sunset Beach Brunswick County. Description of project area and activity: The applicant proposes to construct approximately 50 LF of new vinyl bulkhead with approx. 100 SF of coastal wetland till. Applicable Law(s): ®-Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide/General Permit Number: 18 SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 2/8/2017, and the enclosed plans Figure C-1, dated 2/8/2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department ofthe Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of a conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tyler Crumb] ev at 910-25 - or tyler cr�mble r@Usace.ormy.� ._-- Corps Regulatory Official: // Date: 3/24/2017 Expiration Date of Verification: 3/18/2022 RECEIVED DCM WILMINGTON, NC mAY 0 3 2017 SAW-2017-00614 Determination of Jurisdiction: A. M There are waters, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. M There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued Click here to enter a date.. Action ID: Clielc here to enter text.. Basis For Determination: OHWM and 1987 Delineation Manual. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetiand conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to. this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above addresrf, b5/29/2017. _ **It is not necessary to submit an RFA form to e-Division Office if o not object the deter ' atron m this correspondence. ** Corps Regulatory Official: �/�f �� �/� Date of JD: 3/24/2017 Expiration Date of JD: ll3/181022 SAW-2017-00614 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cM_apex/f9p=13 6*0 Copy famished: Agent: CAPE FEAR ENGINEERING Attn: Ms. Elizabeth Nelson Address: 151 Poole Road, Suite 100 Belville, North Carolina 28451 Telephone Number: 910-383-1944 E-mail: Elizabeth.nelson(a),capefearen2ineeriu¢.com Action ID Number: SAW-2017-00614 County: Brunswick Permittee: Roy L. Crowder Project Name: 424 Marlin Street/Sunset Beach Date Verification Issued: 3/24/2017 Project Manager: Tyler Crumbley Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Tyler Crumbley Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date A lican t: Ro L. Crowder File Number: SAR'-2017-00614 Date: 3l24/2017 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission A ❑ PROFFERED PERMIT Standard Permit or Letter of permission B ❑ PERMIT DENIAL C NJ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E Zl-S CTLON l^+the fQl�ojyrgg rderjtrjies g rr hts n eptxons e$ drug an-admtnrstratrvexgppeai o 4hC# 'P e iec�sron $1N NO AI n gift' Mahon Way ie fonud at o h �a ww erstic�° �mY issrnnslCrvd4lnr s/Re ulato Pro amandPemnts x ozYti�. 9r `stire'iYl0-N.tS A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terns and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit, • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. v4 +e'�yi 'tt ��'a 3+ '�' tbs-`fir S• fo-'Ss"�rs t ��'�' {c .f 4���1%e'� C�. �''%. ��3J ! � f JIh �yh iq.) �°A�"R. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. I'd Nfit7 jGoo ' w w-'a- a �`f[O�jS.0I3 1I7FO. ` TIC x r^;t ; x ,K, _ rMs ` Y= a � r " " u If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Tyler Crumbley CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room I OM15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Tyler Crumbley, , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits andApproved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 CESAW—RD (File Number, SAW-2017-00614) MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and overview: Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including administrative history of actions taken during project evaluation is attached (ORM2 summary). 1.1 Applicant name: Roy L. Crowder 1.2 Activity location: Latitude: 33.87061 Longitude:-78.50142 Location description: Property is located at 424 Marlin Street, adjacent to the AIWW, in Sunset Beach, Brunswick County. 1.3 Description of activity requiring verification: The applicant proposes to construct approximately 50LF of new vinyl bulkhead with approximately 100SF of coastal wetland fill. 1.4 Permit authority: Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344) 1.5 Applicable Permit: 18 1.6 Activity requires written waiver? No. 2.0 Evaluation of the Pre -Construction Notification 2.1 Direct and indirect effects caused by the GP activity: Minor discharges associated with construction. No other effects. 2.2 Site specific factors: The applicants property is located AT 424 Marlin Street, adjacent to a man-made canal contiguous with the AIWW in the Town of Sunset Beach, Brunswick County, North Carolina. 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? Yes. If yes, describe results including resolution of any concerns. NCDEQ/DCM recommended that the 424 Marlin Street bulkhead/wetland fill project appears to be consistent with the Rules o 15 NCAC 7H.0208 (b) (7) (D)(iii). "The bulkhead alignment will not adversely impact public trust rights or the property of adjacent property owners." 2.3.2 Was the PCN coordinated with other Corps offices? No. If yes, describe results including resolution of any concerns: Summarize or enter N/A 2.4 Mitigation CESAW—RD (File Number, SAW-2017-00614) 2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site: Applicant proposed minimal wall fill and has realigned the wall to avoid additional wetland impacts. 2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? No Provide rationale: Compensatory mitigation is not required because the impacts are minimal and within a man-made basin. There are no project specific circumstances that would warrant requiring compensatory mitigation in this case. Click here to enter text. 2.4.3 Type and location of compensatory mitigation Is the impact in the service area of an approved mitigation bank? Select Yes or No. If yes, does the mitigation bank have appropriate number and resource type of credits available? Select Yes, No or N/A Is the impact in the service area of an approved in -lieu fee program? Select Yes or No. If yes, does the in -lieu fee program have the appropriate number and resource type of credits available? Select Yes, No or N/A . Selected compensatory mitigation type/location(s): See Table 1 Table 1: Mitigation Type and Location Mitigation bank credits In -lieu fee program credits Permittee-responsible mitigation under a watershed approach Perm ittee-res ponsible mitigation, on -site and in -kind Perm ittee-res onsible mitigation, off -site and/or out of kind Does the selected compensatory mitigation option deviate from the order of the options presented in §332.3(b)(2)-(6)? Select Yes, No orN/A If yes, provide the rationale for the deviation, including the likelihood for ecological success and sustainability, location of the compensation site relative to the impact site and their significance within the watershed, and/or the costs of the compensatory mitigation project (see 33 CFR §33Z3(a)(1)): Provide discussion or enter N/A 2.4.4 Amount of compensatory mitigation: Enter amount Rationale for required compensatory mitigation amount: Provide discussion/rationale 2.4.5 For permittee responsible mitigation identified in 2.4.3 above, the final mitigation plan must include the items described in 33 CFR 332.4(c)(2) through (c)(14) at a level of detail commensurate with the scale and scope of the impacts. As an alternative, the district engineer may determine that it would be more appropriate to address any of the items described in CESAW—RD (File Number, SAW-2017-00614) (c)(2) through (c)(14) as permit conditions, instead of components of a compensatory mitigation plan. Presence of sufficient information related to each of these requirements in the applicants mitigation plan is indicated by "Yes" in Table 2. "No' indicates absence or insufficient information in the plan, in which case, additional rationale must be provided below on how these requirements will be addressed through special conditions or why a special condition is not required. Table 2: Perm ittee-Responsible Mitigation Plan Requirements Requirement Yes No Objectives Site selection Site protection instrument Baseline information Determination of credits Mitigation work plan Maintenance plan Performance standards Monitoring requirements Long-term management plan Adaptive management plan Financial assurances Other For any "no", provide rationale on how the subject component(s) of the compentatory mitigation plan will be addressed as special conditions or why no special conditions are required: Provide discussion or enter N/A 3.0 Compliance with Other Laws, Policies and Requirements 3.1 Section 7(a)(2) of the Endangered Species Act (ESA) 3.1.1 ESA action area: No Effect. 3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. If yes, identify that agency, the actions taken to document compliance with Section 7 and whether those actions are sufficient to ensure the activity(s) requiring DA authorization is in compliance with Section 7 of the ESA: If yes, identify agency and provide discussion Select appropriate conclusion. 3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. Effect determination(s), including no effect, for all known species/habitat, and basis for determination(s): Provide determinations) and rationale CESAW—RD (File Number, SAW-2017-00614) 3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect' (seethe attached "Summary" sheet for begin date, end date and closure method of the consultation). Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section.7(a)(2) of the ESA. 3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) Yes. 3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act? No. If yes, identify that agency, the actions taken to document compliance with the Magnuson - Stevens Act and whether those actions are sufficient to ensure the activity(s) requiring DA authorization is in compliance with the EFH provisions: No Effect. The Corps has reviewed the documentation provided by the agency and determined it is sufficient to confirm compliance for this permit authorization with the EFH provisions, and additional consultation is not necessary. 3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? Yes. 3.2.3 If yes, EFH species or complexes considered: Pinead Shrimp and finfishes. Effect determination and basis for that determination: No Effect. 3.2.4 Consultation with the National Marine Fisheries Service was initiated and completed as required (see the attached "Summary" sheet for consultation type, begin date, end date and closure method of the consultation). Based on review of the above information, the Corps has concluded that it has fulfilled its responsibilities under the EFH provisions of the Magnuson - Stevens Act. 3.3 Section 106 of the National Historic Preservation Act (Section 106) 3.3.1 Section 106 permit area: The permit area includes only those areas comprising waters of the United States that will be directly affected by the proposed work or structures. Activities outside of waters of the U.S. are not included because all three tests identified in 33 CFR 325, Appendix C(g)(1) have not been met. Final description of the permit area: No Resources Present. 3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic Preservation Act and completed consultation(s) as required? No. If yes, identify that agency, the actions taken to document compliance with Section 106 and whether those actions are sufficient to ensure the activity(s) requiring DA authorization is in compliance with Section 106 of the NHPA: if yes, identify agency and provide discussion Select appropriate conclusion. CESAW—RD (File Number, SAW-2017-00614) 3.3.3 Known cultural resource sites present and/or survey or other additional information needed? No. Provide discussion as appropriate Basis for effect determinations) for all known site(s) and/or site(s) identified by a survey: Provide determination(s) and rationale here 3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes and/or other parties for any determinations other than "no potential to cause effects" (see the attached "Summary" sheet for consultation type, begin date, end date and closure method of the consultation).The Corps has determined that it has fulfilled its responsibilities under Section 106 of the NHPA. 3.4 Tribal Trust Responsibilities 3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No. 3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? An individual water quality certification is required and has been issued by the certifying agency. 3.6 Coastal Zone Management Act (CZMA) 3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? An individual CZMA consistency concurrence is required and has not been issued, waived or presumed to date. A provisional general permit will be verified for this activity. Issued. 3.7 Wild and Scenic Rivers Act 3.7.1 Is the project located in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. If yes, summarize coordination and the determination on whether activity will adversely affect the Wild and Scenic River designation or study status. Enteradditional discussion as needed The Corps has determined that it has fulfilled its responsibilities under the Wild and Scenic Rivers Act. 3.8 Effects on Corps Civil Works Projects (33 USC 408) 3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, the appropriate non -Regulatory office has determined that there will be no effects to Corps Civil Works project(s) that require permission from the Corps. If yes, provide date permission is provided: Enter date received or delete this box if no 408 is required CESAW—RD (File Number, SAW-2017-00614) Provide discussion here as needed or delete 4.0 Special Conditions 4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or ensure compliance of the activity with any of the laws above? No If no, provide rationale: The terms and conditions of the general permit are sufficient to ensure no more than minimal adverse effects, and no conditions are needed for compliance with other laws or to protect the public interest. 4.2 Required special condition(s) Special condition: a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Rationale: n/a 6.0 Determination 5.1 Waiver request conclusion, if required or select N/A: NIA 5.2 The activity will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest Select first choice if no special conditions are required and second choice if special conditions will be attached to the verification 5.3 This activity, as described, complies with all terms and conditions of the Select one identified in Section 1.5. PREPARED BY: ; Tyler Crumbl Date: 3/24/2017 Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Govemor MICHAEL S. REGAN S" "I"y BRAXTON DAVIS Director February 21, 2017 FES 2 2 2017 TO: Heidi Cox yjRolot liv, , Assistant WaRergionalSuppngine ring Supervisor 0. firc lei EsUpp a PubFROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., INC 28405 heather. coats(ci)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: John Crowder (424 Marlin, LLC) Project Location: 424 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach Proposed Project: to construct approx. 50 linear feet of new vinyl bulkhead with approx. 100 sq. ft. 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 16, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached" SIGNE 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 a I RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management FEB 2 ? 2011 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 gem Mr-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ LandownerInformation Business Name 424 Marlin, Llc Project Name (if applicable) 424 Marlin Street Applicant 1: First Name Roy MI L Last Name Crowder Applicant 2: First Name MI last Name I/ additional applicants, please attach an additional pages) with names listed. Mailing Address 110 Equestrian Court PO Box City Cary State NC ZIP 27513 Country USA Phone No. ext. FAX No. N/A - Street Address (if different from above) City State ZIP Email roy.lee.crowder@gmail.com 2. AgentlContractor Information Business Name Cape Fear Engineering AgenU Contractor 1: First Name MI Last Name RECEIVED Elizabeth M Nelson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City 151 Poole Rd Suite 100 Belville 3tj ZIP Phone No. 1 Phone No. 2 28451 910 - 383 -1044 ext. ext. FAX No. Contractor If 910 383 1045 Street Address (if different from above) City State ZIP Email elizabeth.nelson@capefearengineedng.com RECEIVED DGM VVILMINU I UIN, Ivu <Form continues on back> FEB 0 9 10i7 252-808-2808 :: 1-888-4RCOAST :: www. nccoa stalma nagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 424 Marlin St. Subdivision Name City State Zip N/A Sunset Beach NC 28468 - Phone No. Lot No.(s) (d many, attach additional page with list) ext. N/A, I I , a. In which INC 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 Jinx Creek/ Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Town of Sunset Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 50 LF 4750 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (It many lot sizes, please attach additional page with a list) 10 ®NHW or ❑NWL e. Vegetation on tract Upland Grass and Coastal Marsh Grass I. Man-made features and uses now on tract Single Family Residental, Bulkhead, and Docking Facility RECEIVED g. Identify and describe the existing land uses adjacent to the proposed project site. FEB 2 3 2017 Single Family Residental DCM- MHD CITY h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Sunset Beach Beach Residential,SB-BR-2 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No MINA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑No ®NA National Register listed or eligible property. RECEIVED <Form continues on next page> DCM WILMINGTON, NC FEB 0 9 107 252-808.2808 .. 1.888.4RCOAST .. www. nccoasta l management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Ir Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (if) Are there coastal wetlands on the site? ®Yes ❑No (!if) 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. 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 ❑Public/Government ®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. Bulkhead will be constructed structurally fight 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. C IV / CGD R C C G RECEIVED Construction of new bulkhead in front of existing bulkhead. Existing bulkhead to remain. FEB 2 3 2017 e. Are the proposed activities maintenance of an existing project, new work, or both? Both DCM- M H D CITY f. What is the approximate total disturbed land area resulting from the proposed project? 160 0Sq.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 stormwater be discharged into a wetland? []Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? []Yes ®No []NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NG FEB 0 9 207 252-808-2808 .. 1-888-4RCOAST .. www. nccoasta l management. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, N applicable, must be submitted in order for the application package to be complete. Items (a) — IF) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Jeanette H Millsaps Trustee Phone No. Address 825 Buttonwood Drive, Walston -Salem, NC 27104 Name Kathleen W Chinnis Etals Phone No. Address 61 Lands End Drive, Greensboro, NC 27408 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. h. Signed consultant or agent authorization forth, 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. 1 7. Ce►fifrcation and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _February 8, 2016 Print Name _Elizabeth Nelson/Agent RECEIVED Signature FEB 2 3 2017 Please indicate application attachments pertaining to your osed project. DCM- M H 20 CITY ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development []DCM MP-4 Structures Information RECEiVED DCM WILMINGTON, NC FEB 0 9 [ail 252-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net 1F Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Farm DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVAnON ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (it) 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 d. High -ground excavation in cubic yards. RECEIVED FEB 2 3 2017 DCM- MHD CITY 0This 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 wetlandstmarsh I. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes []No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (it) If yes, how much water area is affected? ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: RECEIVED DCM WILMINGTON, NC FEB 0 9 z0i7 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (It development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL 3' e. Type of stabilization material: Vinyl g. Number of square feet of fill to be placed below water level. Bulkhead backfill 160 Riprap 0 Breakwater/Sill 0 Other 0 i. Source of fill material. Ike Williamson's sand mine on Hale Swamp Road b. Length: 50' Width: 1' d. Maximum distance waterward of NHW or NWL 4' I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA III) If yes, state amount of erosion and source of erosion amount information. N/A h. Type of fill material. Clean sand / dirt 4. OTHER RLL ACTIVMES 0This section not applicable (Exdudbn9 Shonskv S cion) a. (i) Will fill material be brouaht to the site? f-lYes flNo CINA b. (i) Will fill material be Dlaced in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area IN) 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 III) If yes, explain what type and how they will be implemented. n/a February 8, 2017 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 (it) Describe the purpose of the fill in these areas: FEB 2 3 2017 b. What type of construction equipment will backhoe, or hydraulic dredge)? mini -excavator d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA III) If yes, explain steps that will betaken to avoid or minimize environmental impacts. n/a 424 Marlin, LLC - Elizabeth Nelson - Agent Date Applicant Name 424 Marlin Street Applica Si nature Project Name r� E C E I V E D DCM WILMINGTON, NC FEB 0 9 26 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimananement.net revised: 12126/06 WV Coastal Management ENVIRONMENTAL QUALITY February 21, 2017 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Roy Crowder / Brunswick Co. ROY COOPER Gowmor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Kyle & Heather: Please publish the attached Notice in the Thursday, February 23, 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: Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM Sin erely, Shaun K. Simpson Permitting Support & Customer Assistance RECEIVED FEB 2 3 2011 DCM- MHD CITY State of North Carolina I Env mnmental Quality I Coastal Management 127 Cardinal Dnw Ext., Wilmington, NC 28405 910-798-7215 df DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Roy Crowder c/o Cape Fear Engineering 2. LOCATION OF PROJECT SITE: 424 Marlin St., adjacent to a manmade canal off the AIWW in Sunset Beach, Brunswick County. Photo Index - 2006: 1-6152, N-19 Lat: 33°87'08.06" N Long: 78°50'23.27" W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 02/17/2017 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 02/09/2017 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Sunset Beach Land Classification From LUP — Residential (B) AEC(s) Involved: E5, EW, CW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment:Existing — Municipal Planned - None (F) Type of Structures: Existing — Single-family residence with docking facility and bulkhead Planned -50 linear feet of new bulkhead RECEIVED (G) Estimated Annual Rate of Erosion: N/A Source — N/A FEB 2 3 2017 7. HABITAT DESCRIPTION: [AREA] DCM- MHD CITY DREDGED FILLED QLH R (A) Vegetated Wetlands (Coastal) High Marsh Approximately Low marsh 100 sq. ft. (B) Non -Vegetated Wetlands Approximately Open Water 60 sq. ft. (C) Other Approximately 500 sq. ft. Uplands (disturbed) (D) Total Area Disturbed: 660 sq. ft. (>0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct approximately 50 linear feet of new vinyl bulkhead with approximately 100 square feet of coastal wetlands fill. Crowder c/o Cape Fear Engineering Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 424 Marlin Street, adjacent a man-made canal contiguous with the AIWW in the Town of Sunset Beach, Brunswick County. Directions from Highway 17 south of Shallotte: Turn Left onto Seaside Rd. SW/NC-904 and travel for approximately 3.6 miles. Turn Right onto Sunset Blvd N. /NC 179 Bus. and travel approximately 1.73 miles. Enter traffic circle and take the 1" exit onto Sunset Blvd. S. and travel approximately 1.26 miles. Turn left onto E. Main St. and travel approximately 0.29 miles. Turn left onto 7th St. and travel approximately 0.04 miles. Turn right onto Canal Dr. and travel approximately 0.03 miles. Take the lst left onto Marlin St. The project site will be located on the left side of the street. The project site is a canal front lot with approximately 50' of shoreline frontage. The elevation of the high ground area of the lot averages approximately 10' above normal high water (NHW). High ground vegetation consists primarily of lawn grasses, woody shrubs, and landscape vegetation. The shoreline of the property has been stabilized with an existing timber bulkhead that has begun to fail and bow out as a result of Hurricane Matthew. The house structure is located approximately 20' landward of the existing bulkhead on the northern half of the property and only approximately 9' landward of the existing bulkhead on the southern half of the property (See Sheet C-1). There is also an existing stairway located approximately 5'-6' landward of the existing bulkhead. Coastal Wetlands consisting primarily of Smooth Cord Grass (Spartina alternifloro) are present water ward of the southern approximately 25' of bulkhead (See Sheet C-1). The Coastal Wetlands are, on average, 15' in width as measured from the bulkhead. Mean High Water (MHW) is located at the existing bulkhead. An existing docking facility extends from the center of the property off of the existing bulkhead and consists of a pier measuring approximately 4' in width by 16' in length which connects to a ramp measuring approximately 3' in width by 16' in length, which extends to an existing floating platform measuring approximately 8' in width by 16' in length. The adjacent shorelines have been stabilized with bulkheads. The property to the south is stabilized with an existing bulkhead that is aligned approximately 7.0' waterward of the existing bulkhead on the project site. The adjacent shoreline to the north has been stabilized with a bulkhead that ties into the existing bulkhead on the project site. Both of the adjacent properties to the north and south are developed with single-family residences and docking facilities. No known archaeological sites are within the project vicinity. The Town of Sunset Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent 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 NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. RECEIVED FEB 2 3 2017 DCM- MHD CITY Crowder c/o Cape Fear Engineering Page Three tla� 10. PROPOSED PROJECT: The applicant proposes to install approximately 50 linear feet of new vinyl bulkhead with approximately 100 square feet of coastal wetlands fill. As proposed, the new vinyl bulkhead would be aligned an average of 3' waterward of the existing bulkhead, with a max of 4' waterward at the southernmost corner. The proposed bulkhead is designed to encapsulated the currently bowed existing bulkhead. The proposed bulkhead alignment would be located approximately 2' waterward of the adjacent property's bulkhead to the north and approximately 3' landward of the adjacent property's bulkhead to the south. The existing timber bulkhead would remain in place and the limits of disturbance would be located approximately 20 feet landward of the proposed bulkhead alignment. The applicant is proposing to install the tie -backs thru the existing wall to prevent land disturbance associated with removal of the old wall. This method of construction would also aim to alleviate threats to the existing house structure which resides in close proximity to the existing bulkhead wall. 11. ANTICIPATED IMPACTS The proposed new bulkhead construction with associated backfill and tie back/anchor system would result in the filling of approximately 100 square feet of Coastal Wetlands, and approximately 60 square feet of open water within the Estuarine Waters Public Trust Areas of Environmental Concern. The proposed impacted coastal wetlands consist primarily of Smooth Cord Grass (Sportino alterniflora) located below MHW in shallow bottom area. The proposed bulkhead construction would result in the disturbance of approximately 500 square feet of high ground. Minor turbidity increases can be expected during the construction process. Submitted by: Sean C. Farrell Date: February 21, 2017 Office: Wilmington RECEIVED FEB 2 3 2017 DCM- MHD CITY VA., DESIGN NARRATIVE 1. EXISTING CONDITIONS: The 424 Marlin Street site is a 4750 square foot lot located at Sunset Beach in Brunswick County. The site is located on a manmade canal stemming from Jinx Creek. There is existing bulkhead, dock, and single family residence on the lot. The existing bulkhead is located within 10 feet from the nearest structure, including supports for a raised deck and the house envelope. The mean high water line is located at the face of the existing bulkhead. The bulkhead is approximately 7 feet above the adjacent substrate. The southern adjacent property lot is developed as a single family residential. The northern adjacent property lot is an undeveloped lot. The elevation of the property ranges from 9 feet to 12 feet NAVD88. Both of the adjacent bulkheads are waterward of the existing and proposed bulkhead on the 424 Marlin Street site. The project is located in a VE-17 High Hazard Flood Area. The existing wooden bulkhead at this location has begun to deteriorate and requires to be replaced to maintain shoreline stabilization. The bulkhead currently has major bulging at the bottom of the bulkhead, that extends out approximately 2-3 feet beyond the cap of the bulkhead. 2. PROPOSED DEVELOPMENT: The existing shoreline stabilization at 424 Marlin Street is proposed to be replaced waterward of the existing bulkhead. The proposed bulkhead will range from 2-4 feet waterward of the existing bulkhead, with an average of 3 feet, will be straight aligned, and connect to the two adjacent property bulkheads. The existing bulkhead will remain, and tie -backs will be installed through this existing wall. The top of the existing bulkhead may be lowered upon completion of construction of new wall. Additional fill may be placed on top of existing wall so that the wall may be vegetated over. Material from the Ike Williamson permitted sand mine on Hale Swamp Road is expected to be required for fill material in addition to the existing material. The bulkhead will be constructed structurally tight to keep material on site. The purpose of the proposed bulkhead is to protect and stabilize the shore, because the existing bulkhead is no longer stabilizing the embankment. Constructing the proposed bulkhead in front of the existing bulkhead, is to prevent failure of the existing bulkhead during construction, and contamination of the adjacent wetlands. The proposed distance waterward of the existing bulkhead is to allow for construction of the new bulkhead waterward of the failing bulging wall. RECEIVED FEB 2 3 2017 DCM- MHD CITY rRECEIVED ')CM WILMINGTON, NC FEB 0 9 207 wa a — 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 daxuxry 9, 2017, Roy Crowder proposed to construct a new bulkhead at 424 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach, Brunswick County. A copy of the application can be examined or copied at the office of Sean Farrell, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7425) 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 16, 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 FEB 2 3 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coantal Management 127 Cardinal Drive Ext., Wilmington, NC 26405 910-796-7215 mo0=^0Pce BrunsW ek Caa,tY, NC aeaisGr of needs' page I of 2 Bre a, pawnwu Rea;aSer o! needs RS-See-IRIS 18:24:41 N2 Brurruick Ceunly� NC me REVE" STQW: S11i0.M (p439619) I''LL PmstaBer L�f7 Rat: iy Total Rev InL Ck$ Cks�Eash$ _ Pefund'. Cmh$_ Pinanrn___ p( Ct,^O01'r pof euyimeni ari iNe3:dawem cgATkp> q�.nel nulm mbeweh"alhr 7VI'al i'. a,..,r.i`atcsrdbo mpWuwaolW'".. STATE OF NORTH CAROLINA GENERAL WARRANTY DEED REVENUE STAMPS: 5 1150.00 PARCEL#: 2560JO21 DRAWN BY AND KIRBY LAW FIRM, PLLC RETURNED TO: KIRBY LAW FIRM, PLLC Brief Legal: Lot 5, Canal A, Eastern Portion Sunset Beach This deed, made and entered into this ?%k day of W1a y 2015, by and between 424 MARLIN, LLC, a North Carolina Limited Liability Company, (mailing address: 109 Kingsbridge Road, Salisbury NC 28144), the Grantors, and TONY J. BELL JR. and wife HEATHER D. BELL and ROY L. CROWDER and wife JACQUELINE E. CROWDER (as Joint Tenants with Rights of Survivorship), Grantees, whose address is: 110 Equestrian Court, Cary NC 27513 WITNESSETH, that the Grantor for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land located in the county of BRUNSWICK, State of NORTH CAROLINA, more particularly described m follows: BEING ALL OF LOT NUMBER 5, IN CANAL A, ACCORDING TO A MAP PREPARED BY GERRIT C. GREER, RLS, ON MAY 27, 1967, WHICH IS A REVERSION OF AN EASTERN PORTION OF SUNSET BEACH AND APPEARS OF RECORD IN MAP BOOK 10, PAGE 58, BRUNSWICK COUNTY REGISTRY. The property herein conveyed is not the primary residence of the Grantor. To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, belonging to the Grantee in fee simple. The Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that the 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 whomever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2015 ad valorem taxes; and all applicable restrictive covenants and utility easements of record. RECEIVED FEB 2 3 2017 DCM- MHD CITY fECIE IVED DCM WILMINGTON, NC FEB 0 9 2617 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date February 7, 2017 Name of Property Owner Applying for Permit: 424 Marlin, LLC 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 BULKHEAD , at (my property located at) 424 Marlin St- Sunset Beach, NC 28468 This certification is valid thru (date) 02/07/19 Property OvAer Signature Date RECEIVED FEB 2 3 2017 DCM- MHD CITYRI_GEIVED DCNI WILMINGTON, NO FEB 0 9 207 .. m Only r-q 1 "' to (U Certified Mail Fee $36 ' 5 J.�3 �r � N § ry • c "O Extra Services & Fees (check odx, ❑Return Receiptilwacopy) add rue $ O C3 Return Receipt (eleciran10) ❑R _ $�rl. _ O ❑ Certified M&IRestncledDefivery $ *Qr_lr_ _ C3 ❑Adult Signature Requietl $___$11.._t,I1J_._ ❑Adult Signature Restricted Delivery $ O Postage $1 m I- .19 § - m7.29 Tote Postage and s -- S 1R__ 0406 33 Postmark Here 02/09/2017 � �n2To Jeanette H Millsaps Trustee N 8tieeiandA 825 Buttonwood Drive __________________ ciiystata;z Winston-Salem, NC 27104 ru Cc tom, rU Certilied Mail Fee $ "0 Extra Services & Fees check box, add fee IIIff(4?t ❑ Return Receipt (nardcdpY) $ C3 ❑ Return Receipt (eloctronlc) $- 0 ❑Carlirod Mag fleslrfcteA Delivery $ C3 ❑ Adult Signature Required ❑ Adult Signature ResWctedDollvery $._.__.__. _._..__...__.. O Postage m § mTotal Postage and F,pgs 29 S h, 33 P s rea* RECEIVED FEB 2 3 2017 02/19/20jjCM— MHD CITY `_1 Sent Kathleen W. Chinnis Etas o s«6�iA a 61 Lands End Dive cr siaio, Greensboro, NC 27408 DCM WILMINGTON, NC FEB 0 9 2017 CAPE FEAR ,'tt- E N G I N E E R I N G Certified Mail — Return Receipt Requested February 7, 2017 Jeanette H Millsaps Trustee 825 Buttonwood Drive Winston-Salem, NC 27104 RE: 424 Marlin St. Sunset Beach, NC CAMA Major Application Dear Property Owner, The property owners at 424 Marlin St. are applying for a CAMA Major permit to replace their existing bulkhead at Sunset Beach. 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, babe =elson, PE Attachments: Applications and drawings File: 875-236 "38" RECEIVED FEB 23 2017 4-SEC-t_IVED DCM- MHD CCTV, WILMINGTON, NO FEB 0 9 207 151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: 1910f383-1044 • FAX (910)383- 1045 www.capefearengineering.com }Tv CAPE FEAR ENGINEERING Certified Mail — Return Receipt Requested February 7, 2017 Kathleen W. Chinnis Etas 61 Lands End Drive Greensboro, NC 27408 RE: 424 Marlin St. Sunset Beach, NC CAMA Major Application Dear Property Owner, The property owners at 424 Marlin St. are applying for a CAMA Major permit to replace their existing bulkhead at Sunset Beach. 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, Wihnington, 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, 5k-711- Elizabeth M. Nelson, PE Attachments: Applications and drawings File: 875-236 "38" RECEIVED FEB 2 3 2017 IEC-- vED GM WILMINGTON, NC DCM- MHD CIT'% FEB 0 9 [u17 151 Poole Road, Suite 100 - Belville, NC 18451 - TEL: (910(383-1044 - FAX (910)383- 1045 www.capefearengineering.com IIIIII IIIIIIIII III IIHlllllll0e - PP11;OPl..PRIIIIIIllra?z The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. In witness whereof the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. 424 MARLIN, L By: Printed Naas: Mark N. Lewu Title: Me ber/Mana e STATE OF dn(v COUNTY OF tYL L do hereby certify that Mark N. Lewis personally appeared before me and acknowledged that he is 4ember/Manager of 424 MARLIN, LLC, a North Carolina Limited Liability company and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and dad. :One] I have personal knowledge of the identity of the principal(s); or I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with acinal's ohotomanh. in the form of a KELLY P. CARPENTER Notary Pudic - North Carolina Rowan Cow* s My Commission Expires:_1 "This instrument prepared by: Amanda Kirby, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds-" RECEIVED FEB 2 3 2017 DCM- MHD CITY riEL;r_iVED OGM WILMINGTON, NC FEB 0 9 207 Coastal Management ENVIRONMENTAL OVALI TY February 21, 2017 Cape Fear Engineering c/o Elizabeth Nelson 151 Poole Rd. Suite 100 Belville, NC 28451 Dear Ms. Nelson: ROY COOPER C....rr"r MICHAEL S. REGAN Sr,"tun BRAXTON DAVIS Dir<'. W, The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Roy Crowder, for State approval for development of the property located at on 424 Marlin St. adjacent to a manmade canal in Sunset Beach, Brunswick County. It was received complete on February 9, 2017, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 25, 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 9, 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 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, r I Sean Farrell Field Representative Enclosures cc: Doug Huggett, DCM Heather Coats, DCM Debra Wilson, DCM Tyler Crumbley, ACCE Chad Coburn, DWR Cindy Nelson, Sunset Beach Planning & Inspections Roy Crowder, applicant RECEIVED FEB 2 3 2017 DCM- MHD CITY State of North Caroline I Enwonnxntsl Quality I Consul Management 127 Cardinal Drive Ext.. Wilmington. NC 2W5 910-7964215 T 1 (01* ]?,A N P \ � �Q m WL.L cr CAMA PERMIT • • .. ii;m i1 • • . I i i ii lFdkpYd 1/ • 7 I • COMMENTS ACCEPTED THROUGH March 16, 2017 APPLICANT: 424 Marlin, LLC c/o Roy Crowder 110 Equestrian Court Cary, NC 27513 Agent: Elizabeth Nelson (910) 383-1044 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Sean Farrell, Field Representative 910-796-7424 e' Project Narrative For 424 Marlin St. Sunset Beach, North Carolina Prepared for 424 Marlin, LLC February 7, 2017 Prepared by Cape Fear Engineering, Inc. 151 Poole Road, Suite 100 Belville, NC 28451 (910)383-1044 NC License No. C-1621 RECEIVED FEB 2 3 2017 DCM- MHD CITY RECEWED DCM WILMINGTON, NC FEB 0 9 20i7 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: Sean Farrell Transmittal Date: February 8, 2017 File: 875-236-"38" Subject: CAMA Major 424 Marlin Street Bulkhead Replacement ❑ 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. 1 Copy Project Narrative 1 Copy Deed for Tax Parcel 256OJO21 2 Letters Adjacent Property Notifications 1 Original Check in the amount of $400 for required application fee 2 Copies Site Plans, Sheet, C-1 J1EQEJV17.n _I REMARKS CC: File 875-236-"38" FEB 0 9 20V Cape Fear Engineering, Inc. Signed: abeth M. Nelson, PE Received By: FEB 2 3 2017 DCM- MHD CITY PA875\875-236 424 Madin St\ADMIMCAMA12017-M-W Trwsmittal_CAMA-Mal.dm I ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Kathleen W. Chinnis Etas 61 Lands End Dive Greensboro, NC 27408 IIIIIIIII III IIIIIIIIII IIIIIIIIIII IIIIIIII I III 9590 9402 1404 5329 2379 12 7015 3430 0000 8225 5182 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Signature U.S. Postal Service U" X��r(�� s . ,' �% ,,//'''ppt,�t CERTIFIED , o RECEIPT O'A9dremee N Domestic Mail Only //bb,pp ���.ri/� B.Rd'v f$atgof Delivery ri - -. IWYI �� �U14K {{ GRIMIPUF ,• H $� ,n r D. Is delivery address dlMerent from item 1? 13 Yes Ln Certified Mal Fee $3 :5 � 1406 If YES, enter delivery address below: ❑ No N RECEIVED N 33 Fxtra Services& Fear (lr Meoc odd Ne �op� ❑RetmRe ep fudW s�jT�j¶�� pCM WILMINGTON, NC O❑Relum Receipt lebtlrvXj S POShllarc F�rj Z1 2017 0 �CauvoMeilRmhkbdparey �Adut Sgnature Raquted S�y�ytr— n 0 �Adutt Signature Reshicced Delhayf T C) Page $1 .19 3. Service Type ❑ Priority Mail EapreM C3 (T 02/09/4917 ❑ Adult Signature ❑ Registered MaiITM ❑ Adult Signature Restricted Delivery 0 Registered Mall ReetlCed m �•� n Total Postage and tr.24 • r . CCCenifed Mal® Delivery a Certified Mail Restricted Delivery ❑ Return Receipt for Merchandise tIt Sant To Kathleen W. Chinnis Etas_____.—� < 0m ❑ Collect on Deliver, ❑Collect on Delivery Restricted Delivery SignatureConfinnationTM ❑ Signature Confirmation __. - $----KNd 61 Lands End Dive - -�-' OO �l cured Mal C3 Z �med Mal Restricted Delivery Restricted Delivery --- -----' Greensboro, NC 27408------"""—""""""� Clry"state, r$500) Z Domestic Return Receipt VTN9� ■ Complete items 1, 2, and 3. A. Signature r ■ Print your name and address on the reverse Agent ❑ Addressee so that we can return the card to you. ■ Attach this card to the back of the mail' piece, BL4pWved by ^red Nern• , 1'1 C. Dille of ivory or on the front if space permits. J W L C r 12 r' 2 1-) 1. Article Addressed to: D. Is delivery address different froKi Item 17 ❑ Yes Jeanette H Millsaps Trustee If YES, enter delivery address below. ❑ No 825 Buttonwood Drive Winston-Salem, NC 27104 RECEIVED DCM WILMINGTON, NC DAduH99 FC0R e re Sil ess® at �-�❑ IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIiII III re ❑ Adult signature Restricted Delivery Registered Mail Restricted {Certified Mal® 9590 9402 1404 5329 2379 05 ❑ Collect Mail Restricted Delivery Return for ❑ Return ❑ Collect on Delivery judis. Merchantlise 9 Aeri,_ u Nr urrl ur. fTenrxfiar fmoa srwirw futon ❑ Collect on Delivery Restricted Delivery 0 Signature ConiirmationT" ❑ Signature Confirmaion 7015 3430 0000 8225 5199 is rred Mail isured Mail Restricted Delivery Restricted Delivery E wer$500) Ps Form 3811. July 2015 PSN 7530"02-000-9053 Domestic Return Receipt w 0" D- .. - ri LF) Ln ru CeNfied Mail Fee � �y i iql l j ru $ r J CD Fxba ervices a Fees (cMCWaor, wb'M ��oa,,pt��� ❑Reim Recaa Prerdmpd S—t�tr: ,"rV C3 C3Pastrrredt ❑Ratan Re ptue tronk) E $1516 =� Q ❑CMfIIeO MW Rmhided CNvery f Sn.nL! Rerg C3 ❑Aeun SigrutureRequired $ ❑AduXsignatura Rmbictad DMkay $ C3 Postage $1 .19 T �+ mTotal 02I09/17 r-m Poas9eandV7"29 $ �n UT sent To Z Jeanette H Millsaps Trustee r.a C3 M1 a °A 825 Buttonwood Drive !R "_ov �iry_s�re. Winston-Salem, NC 27104 :M--- L\U U o Q LU Cal � U Lu m � Ic Q CAPE FEAR ENGINEERING 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 www.capefearengineering.com Transmittal Date: February 20, 2017 File: 875-236-"38" Subject: CAMA Major 424 Marlin Street Bulkhead Replacement ❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No. Description 2 Originals Certified Mail Receipts for adjacent property owner notifications 2 Originals Green card receipts for adjacent property owner notifications RECEIVED FEB 2 S 2017 REMARKS CC: File 875-236-"38" M. P\875\875-236424 Marl In StWDMIMCAMA\2017-02-20Trans_Gr enCaras.dm DCM- MH Cap Fear Engineering, Inc. Signed: Elizabeth M. Nelson, PE Received By: %t- Date: EGEIVE FEB 2 0 2017 BY: NC Division of Coastal Management AEC: Jinx Crk/Atlantic O. Fee:$400 #1012 Major Permit Application Computer Sheet CDAITS -_ MHC cc — Applicant: Crowder, Roy (424 Marlin LLC) Agent/Contractor: Cape Fear Engineering c/o Elizabeth Ne/so Project Site County: Brunswick Staff: Sean Farrell 7"— District: lViImington Project Name: 424 Marlin Street Rover File: n/a 1 River Basin: �!✓1 be-, Initial date of application submittal: 2-9-17 Date application "received as complete' in the Field office: J (Permit Authonzation ❑ CAMA .Dredge & Fill p9poth SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes [ No PNA: ❑Yes [�N0 1❑Yes Photos Taken: Yes [� No Setback Required (riparian): ❑Yes [moo Critical Habitat: No ❑Not Sure 15 fpot waiver obtained: ❑Yes No Hazard Notification Retumed: Dyes yNo SAV: ❑Yes o ❑Not Sure Shell Bottom: ❑Yes [�Jo ❑ Not Temporary Impacts: ❑Yes— lo— Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: ❑Yes r�fJo ❑Yes VNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes *o ❑NA ❑Yes P(No ❑NA 5� FT. Shellfish Area Designation: Project(Description: (code) Development Area: (code) Open -or- losed (I ;( Q s-,, �} , SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) wamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jam aicense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina Iterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis El(SC) Bullrush or three square (Scirpus ❑ rY Caitait (Typha sp,) spicatta) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina FEB 2 3 roemerianus) patens) - APPLICATION FEE Dcm- Pr [ !I-,: No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm wl 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 ❑ 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 commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 ran be applied; DCM needs DWQ agreement - $400 Vl-'lI A;2 IAJ , 4-4-0 41-t/ "✓oZc—/ '�YOd )9t- /U/z/ 15A�_ DCM % DWQ Development Te Fee 14300160143510DD9316256253 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 11. 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,13, C, or 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(8). Public or commercial development, if General Water Quality Certification No. 3900 / See attached can be applied: $400 100% $400 0% $0 111(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: $400 1 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 FEB 2 3 Z017 DCM- MHD CITY El Date Received I Date Deposited 2/9/2017 Major/Minor Major Check From I Name of Permit (Name) ° Ider 424 Marlin, Blue Marlin Atlantic LLC/Roy Properties Crowder Permit Number/Comment Major fee, 424 Marlin St., Sunset Beach, BrCo Receipt or NOTES SF rct. 3557D No split Wells Fargo 1012 $400.00 9 NOW OR FORMERLY JEANETTE H MILLSPAS TRUSTEE 2 N14. 11' 19.8011W 50.006 MEAN HIGH WATER LINE AT FACE OF BULKHEAD (TYP) PMP LEGEND EXISTING BULKHEAD — A/_ — — - - GRASS/MARSHUNE GRASS/MARSH , �9 PROPERTY BOUNDARY ---------XX —------- EXISTING FENCE PROPOSED BULKHEAD i C) m con �/ w NOW OR FORMERLY 424 MARLIN, LLC 1.10 EQUESTRIAN COURT CARY, NC 27513 PROPOSED ' BULKHEAD / 9 EXISTING 95 41 BULKHEAD 575• LFH�� 4 NOW OR FORMERLY KATHLEEN W CHINNIS ETALS 11 SHI 6" 6" ER BULKHEAD SHOWN IS CONCEPTUAL ONLY.. FINAL DESIGN INCLUDING MEMBER SIZES. MEMBER SPACING, MATERIAL SPECIFICATIONS, ETC TO BE PRONDED BY OTHERS TYPICAL BULKHEAD NOT TO SCALE SITE INFORMATION: PROPERTY OWNER: TAX PARCEL NUMBER: SITE ADDRESS: EXISTING USE: 424 MARLIN, LLC 2560JO21 424 MARLIN.ST SUNSET BEACH,NC-28468 SINGLE FAMILY RESIDENTIAL 0 s 20 su�:r-s 2r=ss•affT ar.ALB: r.Iv 1rxlr BleS ar RECE FEB 2 3 2017 DCM- MHD. LOCATION MAP NOT TO SCALE NOTED I- BASED ON SURVEY PERFORMED BY CAPE FEAR ENGINEERING, INC. JANUARY 2017. 2. ALL NSTANGES ARE HORIZONTAL GROUND. 3. MEAN HIGH WATER IS SHOWN BASED ON ELEVATIONS. ♦. A BOUNDARY SURVEY WAS NOT PERFORMED. RECEIVED OCM WILMINGTON, NC V Lb 0 9 2017 A ISSUED TO NCDEO - DCN o'" �V•.. OESCPoPTIOJ REVBY GATE Ia£Asans o30 , CAPE FEAR ENGINEERING 151 P o Rd.,Suile IX; BelNlle, NC-3 51 TEL(910)3BTI0 FAX(9ID)353-1G5 N C. LICENSFN Gf611 iECf Q11L1L 408 MARLIN ST. SUNSET BEACH NORTH CAROLINA CAMA PLAN BULKHEAD REPAIR 875-236 67