HB_15-011_Kwiatkowski

Town of Holden Beach 201"11
Local Government Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carollna, Department of Envlmnmdnq
and Natural Resources and the Coastal Resources Commission for development
In an area of environment concern pursuant to Section WA-118 of the
General Statutes, "Coastal Area Management'
Issued to Stephen & Patricia Kwiatkowski, authorizing development In the Estuarine Shoreline (AEC) at 1298 Ocean
Boulevard West, Holden Beach in Holden Beach Brunswick County as requested in the permitlee's application, dated
February 12, 20%. This peril, issued on February 24, 2015 is subject to compliance with the application and site
drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below.
Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be
null and void.
This permh authorizes; Construct a retaining wall ! bulkhead landward of the coastal wetland line
and the 404 wetland area.
(1) All proposed development and associated construction must be done In accordance with the permitted work plat
drawings(s) dated 10.06-2014. Signed by the carp of engineers and signed by Emily Hughes on 10/2412019.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,
applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development construction, or land use activities will require a re-evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at 910=842-6080 for a final inspection at
completion of work.
(Additional Permit Conditions on Page 2)
This peaull action may be appealed by the pemdttee or other qudi0ed persons
whNn twenty (20) days of the Issuing dale. Any maintenance work or project
modification not covered under this pemdl, require further written perrdl
approval. All work must cease when [his pemdt expires on:
DECEMBER 31. 2018
In Issuing this permit It Is agreed that this project Is consistent with the local Land
Use Plan and all applicable ordinances. This pemJt may not be transferred to
another party without the written approval of the Division of Coastal
Management.
/91
Rhonda Wooten
CAMA LOCAL PERMIT OFFICIAL
110 Rothschild Street
Hol n Beach, NC 28 62
PERMITTEE61°'�
(Signature required if conditions above apply to permit)
RECEIVED
DCM WILMINGTON, NC
MAR 0 5 2015

Name: Stephen Kwlatkowsld
Minor Permit # 2016.011
Date: February 24, 2015
Page 2
(5) The amount of impervious surface shall not exceed 30% of the lot area within 75 feet of (Estuarine
Shoreline Area of Environmental Concern), In this case, NA square feet is authorized.
(6) Unless speclfically allowed In 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all
development/construction shall be located a distance of 30 feet landward of normal high water is not
applicable, , No portion of the roof overhang shall encroach Into the 30 ft. buffer.
(7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by
effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line
of filter cloth must be Installed between the land disturbing activity and the adjacent marsh or water areas,
until such time as the area has been properly stabilized with a vegetative cover.
(8) Any proposed for grading within the 30' bufferfrom the normal high water mark but is not applicable. must
be contoured to prevent additlonal stormwater runoff to the adjacent marsh. This area shall be Immediately
vegetatively stabilized, and must remain in a vegetated state.
(9) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of
construction completion.
(10)Construct a retaining wall / bulkhead landward of the coastal wetland line and 404 core of engineer line.
(11)An as built final survey will be required prior to a final Inspection in order that it may be verified that no
wetlands have been filled and that the retaining wall is in the correct position.
SIGNATURE: 4 ` if DATE:
PERLUTTEE
RECEIVED
DCM WILMINGTON, NC
MAR 0 5 2015

&a -
GENERAL INFORMATION
LAND OWNER
Cc
FEB 12 =
TOWN OF HOLDEN BEACH
City State � Zip A761 Phone if 9 S-V -SS%3
77,.,a:l lLe-eI 1 i� a rmn1 /. rl hi V i v i
AUTHORIZED AGENT
Name
Address
City QCe h -IC / /�"CL— State _A ) C. zip,29W Phone 012—(92141A -19SJ
Email
LOCATION OF PROJECT: (Address, street name � and/or directions to/site. If not oceanfront, what is the name of the
adjacentwaterbody.) l� Gem,? 61d, lit/. G6116R 7 %76%a�w AkQn�j /✓G
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) 17ppfoK 3 it 601. V/ 410( ��lP0o
34 a �Y - square,
SIZE OF LOT/PARCEL: e feet acres etrd /lo ��Sll l
PROPOSED USE: Residential M (Single-family ❑ Multi -fancily ❑) Commercial/Industrial ❑ Other ❑
COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies
to your property):
(1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet (includes
air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but
excluding non -load -bearing attic space)
(2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
UPON SURFACES�� square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks,
concrete or masonry patios, etc, that are within the.applicable AEC. Attach your calculations with the project drawing.)
STATE STORMWATER MANAGEMENT PERMPI: Is the project located in an area subject to a State Stormwater
Management Permit issued by the NC Division of Water Quality?
YES NO
If yes, list the total built upon area/impervious surface allowed for your lot or parcel: ' V rr square feet.
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 2015

OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA
minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA
Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and
others. Check with your Local Permit Officer for more information.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person
listed as landowner on this application has a significant interest in the real property described therein. This interest can be
described as: (check one) // aQ l3
LJr-6!L/ 1
an owner or record title, Title is vested in Alden see Deed.Book /
page in the b I`U YLS tA/ICK County Registry of Deeds.
an owner by -virtue of inheritance. Applicant is an heir to the estate of ;
probate was in County.
_if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
I furthermore ceitify that the following persons are owners of properties adjoining this property. I affirm that I have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a LAMA permit.
(1)
(2)
(4)
ACKNOWLEDGEMENTS:
I, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which
may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu-
lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza-
tion and floodproofing techniques.
I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff,
the Local Permit Officer and their.agents to enter on the aforementioned lands in connection with evaluating information
related to this permit application. -
This the day of 20�
or person authorized to act as his/her agent for purpose of filing a CAMA permit application
This application includes: general information (this form), a site drawing as described on the back of this application, the
ownership statement, the Ocean HazarddECNodae_where necessary, a checkfor $100.00 made payable to the locality, and
any information as may beprovidedorally by the applicant. The details of the application as described by these sources are
incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of
any permit, Any person developing in an AEC without permit is subject to civil, criminal and administrative ac#Pe-EIVED
DCM WILMINGTON, NC
MAR 0 2 2015

AEC HAZARD NOTICE
Project Is ]n An: Ocean Erodible Area —ZHlgh Hazard Flood Area
Property Owner:y�/�l���2�LJSx%
Property
Date Lot Was Platted: 10 — G — 1
This notice is intended to -make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require thatyoureceive anAEC HazardNotice andacknowledge
that notice in writing :before a permit for development can be
issued. .
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Permits issued in the Ocean Hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled iftheybecome imminently threatened by
changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average oce erosion rate for the area where your property is,
located is feet per year.
The rate was established by c=ful analysis bf aerialphotographs
of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
.feet landward in a major storm. -
The od waters in a major storm are predicted to be about
rofeet deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structuressuch as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary. sand bags may be
authorized under certain conditions.
The applicant mustacknowledge this information andrequirements
by signing this notice in the space below. Without the proper
signature, the application will not be complete.
Inlet Hazard Area
ah 41W IV llolweli t6mcl At,
Call Brunswick County GIS for �gtjd
this information! 910-253.2690.
This shall be completed.
SPECIAL NOTE: This bazardnotice is required for development
in areas subjectto sudden and massive stoma and erosion. Permits
issued for development in this areaexpire on December 31 of the
third year following the year in which the permit was issued.
Shortly before work begins on the project site, the Local Permit -
Officer must be contacted to determine the vegetation line and
setback distance atyour site. If the property has seen little change
since the time ofpermit issuance, and the proposeddevelopment
can still meet the setbackrequirement, the LPO will inform you
that you may begin work. Substantial progress on the project
must be made within 60 days of this setback determination, or
the setback must be remeasured. Also, the occurrence of a major
shoreline change as the result ofa storm within the 60-day period
will necessitate remeasurement of the setback. It is important
that you check with the LPO before the permit expires for official
approval to continue the work after the permit has expired.
Generally, if foundation pilings have 'been placed -and substantial
progress is continuing, permitrenewal can be authorized. It is
unlawful to continue work afterpermit expiration.
For more information, contact.
h_ ♦ WOO
Local Permit Officer
'HoM OF HOLDEN BEACH
Address II�NliP. E Rwl
71D i1O7it9CH111 D Syp�4
HOLDEN BEACH, N.C. 211162
Locality
Phone Number
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 2015
Property Owner's Sianature DRIP.

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■ Complete Items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ 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,
ate or on the front if space permits.
f
Adjacent Proffer Ovular
a,0i5 �foi[P/IE
Marlin ddress 6u
City, state, Tip code
Dear Adjacent Property:
1. Article Addressed to:
ZO/S Sfohekafee -
�o,5wc//, Ga'• 300�,f
A. Signature
X %. iAC.
❑ Agent
8. R iv by (Printed e) IC
.t Dst pn"
new .. 1 )
D. Is delivery address different from Item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
91 Certified Mails ❑ Priority Mail Express-
0 Registered ❑ Return Receipt for Merchandi:
❑ Insured Mail ❑ Collect on Delivery
4. Restricted Delivery? Pure Fee) E3 Yes
2. Article Number 7fJ14 2870 0�172 2379 7548
This letter is to inform you that I, ((ransiar tram service label)
PS Form 3811, July 2013 Domestic Return Receipt
Permit on my property at /07W in Brunswick
County
Property Address
County. As required by CAMA regulations, I have enclosed a copy of my permit application and project
drawing(s) as notification of my proposed project. No action is required from you or you may sign and return
the enclosed no objection form. If youhaveany questions or comments about my proposed project, please
contactme at _7l �i — �✓ 73 or by mall at the address Ilsled below. If you wish to
Applicant's Telephone
file written comments or objections with the Town of Holden Beach CAMA Minor Permit Program, you may submit
them to:
Rhonda Woolen
Local Permit Officer for Town of Holden Beach
110 Rothschild Street
Holden Beach, NC 28462
Sincerely,
I>TP0gvwner
/020 .,90110112m z1v
Mailing Address
City, State, Zip Code
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 2015

Date
Adjacent Property Owner
nGecan fj/t/c
II A a8,
City, State, Zip Code
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
■ 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:
Ju�1i� Q�yan
/302 QCeuA %/railA/
/To/den Xead NC F"
2 gybes;,'
Dear Adjacent Properly:
2. Article Number
This letter is to inform you that (Pansfer from service labso
/ �n, �-❑ Agent
y 4/: LJ Address,
by (Printed Name) U I C. Date of Delive
D. Is delivery address different from Item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
13 Certified Mail' ❑ Priority Man Express'
❑ Registered ❑ Return Receipt for Memher&
❑ Insured Mail ❑ Collect on Delivery
4. Restricted Delivery? (Extra Fee) p Yes
7014 2870 0002 2379 7531
PS Form 3811, July 2013 Domestic Return Receipt
i R.-
q 7 _ _
Permit an my property at 47i141a9f3 � r?�/r��l/1, A6110 ot> in Brunswick
Coounty
Property Address
County. As required by CAMA regulations, I have enclosed a copy of my permit application and project
drawing(s) as notification of my proposed project No action is required from you or you may sign and return
the enclosed no objection form. If
you have any questions or comments about my proposed project, please
contact me al 7/7 �b� or by mail all the address listed below. If you wish to
Applicant's Telephone
vie written comments or objections with the Town of Holden Beach CAMA Minor Permit Program, you may submit
them to:
Rhonda Wooten
Local Permit Officer for Town of Holden Beach
110 Rothschild Street
Holden Beach, NC 28462
Sincerely,
fty Owner
/OHO �irrdi/bn Lit/
Mailing Address
e4/eAl.
City, State, Zip Code
DCM RECEIVED
NC
MAR 0 2 2015

Pat McCrory
Governor
�&J'A
06 R
North Carolina Department of Environment and Natural Resources
N.C. Division of Coastal Management
AGENT AUTHORIZATION FORM
Date:
Name H�of Property Owner Applying for Permit:
Owner's Mailing Address::
102P /Md`/(25/t 111)
John E. Skvada, III
Secretary
Name of Authorized Agent for this project:
4Z// 7-Zoln '
Agent's Mailing Address:
Zc,
Email:
Phone (0) 81/od -3 6ZS—
I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying
for, and obtaining all CAMA Permits necessary to install or construct the following (activity): 1
For my property located at
FZ
This certification is valid 1 year from (date). �/
Property Owner Signature pate
127 Carriinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX [phone] Intemel: mm.necoaslalmanacg'ement.nel
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 2015

IIIIIIII IIIIIII II IIII IIIIIIIIIIIlI III g3518 P0435 6 rais?2'FR P
Brunsalek County, NC Rea sler of Oeeds Pape 1 of 3
Brenda M. Clamnona-
10-21-2014 15:SB:t2.002 Br9usyss�lek Countof y NC
NC REVENUE STAPP: $700.00 (ck COW1)
Prase Y`e.4J"�A
3 Total F.av nt,�J�
CkS cr s Cash
Refund: Cash S_Finance
❑ Poniant oldocament ara t7e9rb dw to conftn
Victim].
❑ c..eomentcenlalns seals verfxA byofj nai
h0=:.nuntMat cannot oe xpreduced o,caPod.
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 700.00
Parcel ldcatifier No. 245GA101 Verified by County on the _ day of , 20_
By:
MaiVBox to: Richard F..Green, Attorney at law, 2998 Holden Beach Road, SW, Holden Beach, NC 28462
This instrument was prepared by: Richard F. Green, Attorney at law, FILE NO. 14-19610
Brief description'foi the Index: LOT 124, HOLDEN BEACH WEST
THIS DEED made this : 21 st day of October , 20 14 by and between
JUDITH CAROL BRYAN TRUSTEE OF THE
JUDITH CAROL BRYAN LIVING TRUST 5/27109
1302 OCEAN BLVD WEST
HOLDEN BEACH, NC 28462
J
This property _is _is not a
Grantor's primary residence
Enter in appropriate block for each Grantor and Grantee: name,
STEPHEN KWIATKOWSKI and wife,
PATRICIA KWIATKOWSKI
1020 ANDIRON DRIVE
RALEIGH, NC 27614
and, if appropriate, character of entity, e.g.
The designation Grantor and Grmtee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural,. inaecnline, feminine or neuter as required by context.
WITNFSSETH, thafthe Grantor, fora 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 situated in the
City of HOLDEN BEACH, LOCKWOOD FOLLY Township, Brunswick County, North Carolina
and more parder larly described as follows:
See Attached
The property hereinabove described was acquired by Grantor by inVI'macnt recorded in Book 2913 page 656
All or a portion of the property herein conveyed _ includes or _ does not include the primary residence of a Grantor.
Amap showing the above described property is recorded in Plat Book I page 339 ,
NC Bra Associa i. farm No.3 0 1976. Revh&t 0I7V1010
Ps by Agrecazra Ovid, NeNC By Assaccaan
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 Z015

SIR 9 0 VP
IIIIIII IN II III I II IN II IIII I II II III B3518 �P
Brunaurok County, W Register of Deeds page 2 of 3
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
ON 'NOi0NIWIIM WOQfee simple.
And the Grantor covenants with the Grantee, that Disinter is seized of the promises in fee simple, has the right to convey the same in fee
simple, that title is marketable bad free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all persons whomsoever, other than the following exceptions: All easements, rights of way, restrictions,
and reservations of rerxmd
"This instrument prepared by: Richard F. Green, a Licensed North Carolina attomey. Delinquent taxes, if any, to be paid by
the closing attorney m the county tax collector upon disbursement of closing proceeds."
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day aannd- y/e�ar�feral above written.
4.eCL(�t CJI/7BF� .Ql�— (SEAL)
(Entity Name) PripVTypc Nara: JUDITH CAROL BRYAN
PrinVrype Name &
(SEAL)
Print Type Name:
By: (SEAL)
PrinVrype Name At Title: PrintType Nerve:
Br. (SEAL)
PrinVrype Name & Title: Printrrype Name:
Stare of North Carolina -County or City of Brunswick
1, the undersigned Notary Public of the County or City of Brunswick and Sate aforesaid, certify that JUDITH
personally appeared before me this day and
acknowledged the due execution ofihc foregoing instrument for the purposes in ex ed. Witness my hand and Notarial stamps
seal this 21 at day of October aotl41j ill,, ..
L. , f
My Commission Fatpaes'I :�Zo I 9srP
(Affix Seal) '� NOTARY 0—
Notary's Printed
Sate of
1, the undersigned Notary Public of tifff f my or aq�' `� and Sate aforesaid, artily that
�sfvi�jrY(CK COnally came before me this day and acknowledged that _he is the
Of I° 1 r, a North Carolina or
corporationAirrdled liability covyanylgeneral partnersbipflimited partnership (strike through the inapplicable), 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 deed. Witness,
my hand and Notarial stamp or seal, this day of , 20_
My Commission
(Affix Seal)
Notary Public
Notary's Pruned or Typed Name
Sate of - County or City of
I, the undersigned Notary Public ofthe County orCity of and Stateaforesaid,certifythat
Witness my hard and Notarial sump or seal, this _ day of
My Commission
(Affix Seal)
NC B&r As�a�iedm Foon No. a O 1yr6. hvwd O 111n010
Print by Apeensou wit de, NC Ba Asroeialm
20_
Notary's Printed or Typed Name
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 2015

ATTACHMENT
BEING ALL of Lot Number 124, Holden Beach West Subdivision, as set out on a re-lat of Holden Beach West by
Fred F. Hobbs, RLS, and recorded In Map Cabinet J at Page 339 in the Once of the Register of Deeds for
Brunswick County, North Carolina, to which plat reference is hereby made and which is incorporated herein for
greater certainty of description.'
THIS CONVEYANCE IS MADE SUBJECT to the restrictions appearing in Deed Book 410 at Page 914 of the
Brunswick County Registry.
There is further conveyed unto Grantees, their heirs and/or assigns, a perpetual easement for purpose of ingress,
egress and regress over and upon that roadway described as Ocean Yew Boulevard and delineated on the plats
of survey recorded in Map Cabinet J at Pages 338, 339 and 340; Map Cabinet L at Page 367 and Map Book 7 at
Page 50 of the Brunswick County Registry.
14-19610
LOT 124 OCEAN BLVD WEST, HOLDEN BEACH, NC 2802
(III III II1III IIII II III IIII IIB�P
rCn.CmOmROPIIIIIy. IIIr
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 2015

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2014-01966 County: Brunswick U.S.G.S. Quad: NC -HOLDEN BEACH
NOTIFICATION OF JURISDICTIONAL DETERNUNATION
Applicant: Mr. Stephen Kwiatkowski
Address: 1020 Andiron Lane
Raleigh, NC, 27614
Telephone Number.
Size (acres) 0.74 Nearest Town Holden Beach
Nearest Waterway Long Bay River Basin Carolina Coastal-Sampit
USGS HUC 3040207 Coordinates Latitude: 33.9036101099779
Longitude:-79.3693034419239
Location description: Property is located at 1302 Ocean Boulevard West, Lot 124 Holden Beach West, Holden Beach,
North Carolina. Parcel number 245GA101
Indicate Which of the Followine Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action .
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination .
X There are Navigable Waters of the United States within the above described property subiect to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is
a change in the law or our published regulations, this determination may be relied noon for a period not to exceed
rive vears from the date of this notification.
X There are waters of the U.S. including wetlands on the above described property subiect to the permit
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this -survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
X
of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
RECEIVED
Page 1 of 2 DCM WILMINGTON, NC
MAR 0 2 2015

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management
Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Emily Hughes at 910-251-4635 or
Emily.B.Hughes(&.usace.armv.m6.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and Coastal Plain Supplement and is adjacent to Boone Channel, a tidal tributary to the Atlantic Intracoastal
Waterway, a Navigable Water of the U.S. This determination is based on information provided by Land Management
Group and a desktop determination by Emily Hughes on 10/24/2014.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attu: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 12/24/2014.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
HUGHES.EMILY.BURTON.128907'F'�o-"�",n`�"„��°
Corps Regulatory Official: 3660 wlm= 1&24 eesia -0 40'°"6°°
Date: October 24.2014 Expiration Date: October 24, 2019
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete our Customer Satisfaction Survey, located online at httt ://regulaM.usacesurvey.conV.
Copy furnished:
RECEIVED
Kim Williams. Land Management Group Inc 3805 Wriebtsville Ave, Suite 15 Wilmington, NC 28A031i � WILMINGTON, NC
MAR 0 2 2015

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant Stephen Kwiatkowski Fk umbcr. SAW-201401966 I Date: October24 2014
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
_
C
APPROVED JURISDICTIONAL DETERMINATION
D
LJ
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION i - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at hqp://www.usace.army.mil/Missions'CivilWorks/Regulgig ProgmmandPermits a, ll x or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the "
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section ll 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 die 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 11 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 ll 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.
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 205

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.
a xx, r
==SECTION:II. AYP,EAL'or'
€RE+> UEST:FOR OBJECTIONS TO IN:iNITiAI PROFEERED•PERM17 s ' „ + u „ s.•
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.
,T.OINT:OF'CONTACT FOR` UESTIONS OR=INFORMATION.-`;
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: Emily Hughes
CESAD-PDO
69 Darlington Avenue
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403
60 Forsyth Street, Room I OMl5
Atlanta, Georgia 30303-8801
(910) 2514635
Phone: [phone]
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 oppormnitto 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: Emily Hughes, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Ann: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 2015

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