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HomeMy WebLinkAbout2-16 Kiser, KenI' A Permit Class NEW Permit Number 2-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vice it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Ken Kiser,137 NE 371h St., Oak Island, NC 28465 Authorizing development in Brunswick County at the Atlantic Ocean, 7406 E. Beach Drive, Oak Island , as requested in the permittee's application dated 10/9/15, incl. attached workplan drawings (2) as referenced in Condition No. 1 below. This permit, issued on January 6, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may oe suoject to Imes, imprisonment or crvu action; or may cause me permit to Du auu auu vUiu. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (2), both dated 8/24/15, and AEC Hazard Notice dated 9/14/15. Upland Development 2) Unless specifically altered herein,,this permit authorizes the land disturbing activities associated with the development of the above referenced property, including the single family residence, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910)796-7215 for this determination. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. . Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. V &CX' Braxto . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Ken Kiser Permit No. '2-16 Page 2 of 3 ADDITIONAL CONDITIONS 3) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the approved workplan drawings. 4) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive standard shall apply. 5) All fill material shall be clean and free of any pollutants except in trace quantities. 6) The permittee shall, in coordination with the Division of Coastal Management, determine the static vegetation line and corresponding structural setback requirements. All authorized development shall be located landward of the appropriate setback lines. Construction shall begin within sixty days of this determination or the determinations shall be considered void, and new setback lines shall be re- established. In the case of a major shoreline change within that period, a new setback determination may be required before construction begins. 7) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square. 8) All foundations shall be adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. 9) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. 10) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. Sedimentation and Erosion Control 11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 12) 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. Ken Kiser' ADDITIONAL CONDITIONS U.S. Army Corps of Engineers Condition Permit No. 2-16 Page 3 of 3 13) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers Nationwide Permit 18 (Action Id. No. SAW-2015-02423), which was issued on 12/31/15. General 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to a Stormwater Permit from the Division of Energy, Mineral and Land Resources. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-1205; NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant Type: (check all that apply) New_ Major Mod_ Permit #_ Minor Mod_ Renewal_ Transfer_ Permit Coordinator: Field Representative N'l, b-- Date Time Message kpj-. F0 StGrj crf Foc -7't4 Now vzoe cw-6JT No oelr. 1r V?—CC• NOTIFIC, fiQQM FtOT _SMiTt+ ft44 pAw. 1/b/tb 600u-0. FWWtif Comp WJJ�4 i (ZaQW0 &A-Pf Pae.Ar'T I%A /�CJ/^�'�^Yw&�Q�ET��.(�In�-5S. ASWS5E ,TOWNS 66,^ vCWakr'}�OT' NO I�7TIr1G/KiC�►•►. Itz DCM MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT L PrimaryApplicdnt/LandownerInformation Business Name Project Name (if applicable) NA 7406 East Beach Drive Applicant 1: First Name MI last Name Ken Kiser (see Appendix A - Brunswick County Tax Info) Applicant 2: First Name MI Last Name NA NA Ifaddiaoml applicants, please attach an additional page(s) with names listed Mailing Address PO ll c city State 137 NE 37" Street I Oak Island NC ZIP Country Phone No. FAX No. 28465 US 910— 524 — 0633 ext. NA - - Street Addr®e (ifdifferentfiom above) City Stale - ZIP NA Email kenkiserulecrecom 2. Agent/Contractor Information Business Name Southern Environmental Group, Inc (SEGi) (see Appendix B— Agent Authorization) Agent/Contractor I: Finl Name MI Last Nerve Dana A. Lutheran A8enVConlmctor2: Finl Name MI Last Name David A. Syster Mailing Address PO Box City State 5315 South College Road, Suite E Wihtdngton NC ZIP Phone No. 1 Phone No. 2 28412 910 - 452 - 2711 ext. 910 - 228 - 1841 ext. FAX No. Contractor # 910.452.2899 NA Sheet Address(if4ifferentfrom above) City State ZIP Same Email dllutheraaajsea.us 3. ProjectLocution County (can be multiple) Street Address State Rd. # Brunswick 7406 East Beach Drive (see Appendix C -Vicinity Map) NC SR 1104 Subdivision Name City late Zip NA Oak Island NC 28465 Phone No. Lot No.(s) (tf many, attach addroonol page with liat) 9�'j MEC /'� EiVE D NA- - ext. 23 a. In which NC river basin is the project located? C b. Name of body of water nearest to proposed project NOV 162015 Cape Fear Atlantic Ocean V c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed prejectsite. , -. Natural Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, Est the planning jurisdiction or city limit the proposed work falls Yes No within. Oak Island Y Lot 23 page 1 of 3 DGM WILMINGTON, NC NOV 0 2 2015 0 4. Site Description a. Total length of shoreline on the tract (ft) b. Size of entire tract (sq.H.) None 7500 SF (see Appendix D— Site Plan) c. Size of individual hills) d Approximate elevation of tract above NHW (normal high water) or NWL (normal NA I I I water level) (Ijmany lot sizes, please aaach additional page with a list) — 6' above NHW (see Appendix D — Site Plan) e. Vegetation on tract Juniperus virginiana (Cedareastern red) and Morello cerifera (Wax myrtle) f. Man-made features and uses now on tract There are no man made features on the tract g. Identify and describe the existing land uses adiecent to the proposed project site. Residential is the existing land use of the subject property and those adjacent to it. It. How loos towel government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Aaech zoning compliance certificate, if applicable) OI-R-7 (see Appendix A) Ya No j. Is the proposed activity pan of an urban waterfront redevelopment proposal? Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yea C. If yes, by wham? Based on the location of the subject property, an archeological assessment is not necessary. 1. Is the proposed project located in a National Registered flisto ie District or does it involve a National Register listed or eligible property? Ye`o an. (i) Are there wetlands on the site? Yea No (ii) Are there coastal wetlands on the site? Yes No (iii) If yes to either (i) or (u) above, has a delineation been conducted (Attach documentation, tf available)? Yea No SEQ met with Kyle Dahl, of the OSACE, on 8/28/15, at the site for a wetland line verification. The line, as depicted on the attached site plan, is the approved line. A JD had not been issued at the time this application was being prepared. n. Describe existing wastewater treatment facilities. Wastewater is treated by the Town of Oak Island �,^�' 1Z - o. Describe existing drinking water supply source. Drinking water is supplied by the Town of Oak Island N p. Describe existing storm water management or treatment systems. The property is undeveloped and woody. A stornewater plan will be submitted to the Town of Oak Island for approval. �` 5. Activities and Impacts _ a. Will the project be for commercial, public, orprivate use? Commercial Public/Government Private/Communi b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to construct a single family residence, which will either serve as a year round dwelling or a rental unit. c. Describe the proposed contraction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stared. Construction will consist of clearing the vegetation from the lot, removing mucky soils (if necessary) and filling the lot with clean earthen fill. This work will completed using a backhoe and large dump truck A pile driver will be utilized to set the pilings. Typical construction techniques will be utilized in building the structure. d. List all development activities you propose. The Applicant intends to build a 2125 SF heated space dwelling, with associated driveway and sidewalk The driveway will entail the installation of a culvert. The Applicant also intends to install a swimming pool behind the house. Please see Appendix D for details. e. Am the proposed activities maintenance of an existing project, new work, or both? New work f What is the approximate total disturbed land area resulting from the proposed project? 9000 Sq.F cr Ames g. Will the proposed project encroach out any public easement, public aecessway or other area that the public has established use of? Yes No h. Describe location and type of existing and proposed discharges to waters of the stale. There are no existing discharges to waters of the state and the Applicant is not proposing to discharge into waters of the state. I tt—CAn—P ED of 23 page z or 3 DCM WILMINGTON, NC NOV 0 2 2015 tm i. Will wastewater or slonnwaler be discharged into a wetland? Yea No If yes, will this discharged water be of the same salinity as the receiving water? Yes No j. Is there any mitigation proposed? Yes If yes, attach a mitigation proposal. The Applicant proposes to make a payment to the Lower Cape Fear Umbrella Mitigation bank, for 0.20 acre of non -riparian wetland restoration, which is necessary to offset the permanent impact of 0.099 acre of Pocosin wetland. 6. Additionallnformation In addition to this completed application form, (MP-1) the following items belou5 if applicable, must be submitted in order for the application package to be complete Items (a) — (% 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. (See Cover Letter) b. An accurate, dated work plat (including plan view and crosssectional drawings) drawn to scale. Please give the present slums 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. (See Appendix D) c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the arcs to the site. (See Appendix C) d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. (See Appendix E) e. The appropriate application fee. Check or money order made payable to DENR. (Stapled to the Cover Letter) 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: Town of Oak Island Address: See Aooendix F Name: Address: Name: Address: g. A list of previous state or federal permits issued for work an the project tract. Include permit numbers, permittee, and issuing dates. There is neither state we federal permits issued for work on the subject property. h. Signed consultant or agent authorization form, if applicable. (see Appendix B) i. Welland delineation, if necessary (See Section 4(m)(111)) j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be sigrud by property owner/ (See Appendix H) k. Astatemenl 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 Police Act. (NA) 7. Certification and Permission to Enter on Land 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 ocnnmtion 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 Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information M MP•3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts r' c t ` , ED NOV 16 2015 CCOM- kEIl IL CI I Y RIEGEAVED Lot 23 page 3 of 3 DCM WILMINGTON, NC NOV 0 2 2015 tir Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures It. Number of lots or parcels. proposed. 1 lot 1 residential dwelling with associated sidewalk, driveway and a pool c. Density (give the number of residential units and the units per acre). 1 unit per 0.17 acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes No NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. NA. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. aoaN-sr— 300Z Describe proposed method of sewage disposal. Sewage disposal is through the Town of Oak Island. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). There are not discharges to waters of the state proposed with this site plan. m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Drinking water will be supplied by the Town of Oak Island. o. When was the lot(s) platted and recorded? 16-1981 Date 9 October 2015 Project Name Lot 23 — 7406 East Beach Drive Applicant Name Mr. Ken Kiser Applicant Signature Dana Lutheran for Ken Kiser d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 9,000 square feet f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Typical residential construction materials will be used to build the dwelling, the driveway and sidewalk will be constructed of concrete and/or marl. The pool apron will be concrete or similar material. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Resources for review? Yes No NA The stormwater permit will be processe rough the Town of Oak Island. (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local a roval? Yes No NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? Yes No NA If yes, attach appropriate documentation. n. (i) Will water be impounded? Yes (it) If yes, how many acres? NA. p. If proposed development is a subdivision, will additional utilities be installed for this upland devel OYes No NA .- -� NOV 16 Z015 RECEIVED 252.808-28082 :: 1.8883RCOAST :: www.nccoastalmanaaement.net UUM VV41VWN6W@TNC NOV 0 2 2015 AEC HAZARD NOTICE Project Is in An: ✓ Ocean Erodible Area _ High Hazard Flood Area Inlet Hazard Area Property Owner: '�f"`r• V,�,n ��S1' Property Address:r 406 i= f" rack-DriU&-, Oak — Date Lot Was Platted: This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive anAEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does notguarantee 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 ifthey become imminently threatened by changes in shoreline configuration. The structitre(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is located is D feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as 32s feet landward in a major storm The flood water; in a major storm are predicted to be about 110--17 feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control stractures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicantmust acknowledge this informationandrequhements by signing this notice in the space below. Without the proper signature, the application will not be complete. _ 9-14-15 Ap hcant Signature Date SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massivestorms end erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, 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 of a storm within the 60-dayperiod will necessitate remeasumment 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, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For mare information, contact: -EarQ mac-Ph_etson Local Permit Otflcer 1a-1 Cardinct1T-'viyin- t-x-� Address 1kD,,1rmi0ai2r), ),1C, a84os- Locallry 191 D. `t91-e . '14-0-,5- Phone Number F7CEIV -; NOV 16 2015 '.- ,..?•�� CITY RECEIVED DCM WILMINGTON, NC Nov 0 2 2015 Revised 2y07 DCM Coordinator: WA-TS Permit #: MAILING DISTRIBUTION SB EET Permitee• KEN (h4C* C Agents: Cot —Oh-4A L-Vnb2 W DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington US ALOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbiey iz Cultural Resources: epee Gledh�l-Ear Public Water Supply: i . e illiams (WIR Joey ute W�RO) DCM/ Shane Staples Fisheries Specialist NC DOT: K�n�rM(�ttc'S DMF/ Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: DEMLR Washington: Wilmington: Wildlife Resources: LPO: Fax Distribution: Patti Fowler annon-Je Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarbraugh-401 Joanne Steenhuis — 401 ha��ob-u�5i r�k�0 Scott Vinson-Stoxmwater. . eorgette Scott- Sto �at�r Permitee Agent #:. aria Dui N�� �r-v. Coastal Management ENVIRONMENTAL QUALITY January 7, 2016 Ken Kiser 137 NE 37" Street Oak Island, N.C. 28465 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Ken Kiser COUNTY: Brunswick PROJECT NAME: 7406 East Beach Rd SFR w/fill LOCATION OF PROJECT: adjacent to the Atlantic Ocean in the Town of Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD:11-2-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: MacPhWay 1-' DISTRICT MANAGER REVIEW: W B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 11-13-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: $ C) 75 DAY DEADLINE: n ) I MAIL OUT DATE:11-10-15 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: S400 1r ULK ✓ END OF NOTICE DATE: 12-4-15/ DEED REC'D: ON: 11ino I 's 150 DAY DEADLINE: STATE DUE DATE: 12-4-15 FED COMMENTS REC'D: DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance b t S ✓ Land Quality Section (DEMLR) a 11Igh J ✓ Division of Water Resources (401) 17Ni(Cr15,—IZa5 Storm Water Management (DEMLR) l 12o�tS State Property Office Division of Archives & History Division of Environmental Health 1S Division of Highways Wildlife Resources Commission Local Permit Office �� (1S ✓ Division of Marine Fisheries / DCM 16 2015 Corps of Engineers [� 11/tv/15 ✓ ✓ 0- Recommendations for State Permit- Ken Kiser -7406 East Beach Drive 11/9/15 It is the opinion of this office that the proposed work is consistent with the Use Standards for Ocean Hazard Areas, as set forth in NCAC 07H .0306 & .0308. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the following conditions: 1. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 2. The structure must set back a minimum of 60 feet from the first line of stable natural vegetation, as determined by the DCM. 3. The permittee is required to contact the DCM shortly before he plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. 4. All construction shall comply with building requirements of the N.C. Building Code, and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provision of the building code or a flood damage prevention ordinance is inconsistent with any AEC standards, the more restrictive provision shall apply. 5. All structures authorized by this permit shall be relocated or dismantled when they become imminently threatened by changes in shoreline configuration. All structure(s) shall be relocated or dismantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re - nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permittee's right to seek authorization of temporary measures allowed under CRC Rules. 6. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 100- year flood level elevation. 8. All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. r C EIVED NOV 16 2015 0 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. RE-CEi Y ED NOV 16 2015 LC".9- (V,HC CITY t-Iz- PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 10, 2015 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(c)_ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA I Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7406 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 �tG DATE Nothing Compares RECEIVED DCM WILMINGTON, NC NOV 16 2015 State of North Carolina I Environmental Quality 1601 Mail 5ervke Center I Raleigh, North Carolina 27699-1601 919 - 707 -8600 Environmental Quality MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO November 10, 2015 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretory FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(0)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7406 East Beach Dr, adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. Y_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 4 DATE tiloV I Z 1 Zo 15 VED DCM WILMINGTON, NC Nothing Compares. NOV 16 2015 State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretory Environmental Quality November 10, 2015 RECEIVED/NCDENR/DNiid MEMORANDUM: NOV >„ 1 2015 TO: Chad Coburn 401 Wetlands Water Quality Regional Operations Section DWR - WiRO Wilmington Regional office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(a),ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Kell Kiser Project Location: 7406 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. q("; ct cc LS'r I-X//7br- ccc REPLY: L-� This agency has no objection to the project as proposed. 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 object to the project for reasons described in the attached comments. � SIGNED ' I' ` v I a DATE Nothing Compares% IaJ I-�1)-01S RECEIVED DCM WILMINGTON, INC State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 DEC 18 Z015 r Water Resources ENv1RONv.EN1AL GUALITY December 17, 2015 Mr. Ken Kiser 137 Northeast 37'" Street Oak Island NC 28465 Subject Property: 7406 East Beach Drive PAT MCCRORY DONALD R. VAN DER VAART a.,,;,.,, S. JAY ZIMMERMAN (4o-tlJ:' Brunswick County DWR Project: 15-1205 Approval of 401 Water Quality Certification with Additional Conditions (After -the -Fact) Dear Mr. Kiser, You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 0.099 acres of 404 wetlands in order to construct a single family residence as described within your application received by the Division on November 18, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3890 (GC 3890). This Certification allows you to use the Nationwide Permit 18 when issued by the U.S. Army Corps of Engineers. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://aortal nederv.ore/web/wq/swplws/401 /certsandpennits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new RECEIVED DCM WILMINGTON, NC State of Nodh Carolina I Environmental Quality I Water Resources D E C 2 9 2015 1611 Nail service Center I Raleigh, Nosh Carolina 27699-1611 919707 9000 7406 Fast Beach Drive —Oak Island ( ti Brunswick County 2015.1205 v- application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name 115A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelomettic Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 0211.0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division detennines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7406 East Beach Drive —Oak Island Brunswick CouAV 2015-1205 All mechanized equipment operated near surface waters or wetlands will be regularly inspected'and maintained to prevent contamination of waters and wetlands fromfuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North'Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 45A NCACO2B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the,presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: htto•!/portal ncdenr or, /web/wq/swphas/401/certsandpermiWapphv/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative�hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at ham://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official stateholidays). "` i' 7406 East Beach Drive.— Oak Island Brunswick County 2015-1205 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc); Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807,6364 or Jennifer.Burdettenncdenr.sov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Coburnt@ncdetir.gov. Sincerely, Jim Gr�gson, dhal Supervisor Water Q lifyRegiorial Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3890 cc: Dana Lutheran Southern Environmental Group, Inc., 5315 South College Road, Suite E, Wilmington, NC 28412 Liz Hair - USACE Wilmington Regulatory Field Office Jennifer Burdette — D WR 401 Unit, Raleigh' I _.-WiRO� a PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 10, 2015 MEMORANDUM: E C E t V E �TO: �,t Georgette Scott NOV 12 2015 N U Stormwater Section eY, DEMLR - WiRO FOM: Heather Coats, Assistant Major Permits Coordinator �G NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats@ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7406 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 15'"' This agency has no comment on the proposed project. __This agency approves of the project only if the recommended changes ✓ e 6 are incorporated. See attached. I This agency objects to the project for reasons described in comments. SIGNED > fib} DATE the 111"ed RECEIVED Nothing Compares%... DCM WILMINGTON, NC State of North Carolina I Environmental Quality NOV 2 0 2015 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919 - 707 -8600 Environmental Quality November 10. 2015 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary RECEis IED MEMORANDUM: NOV 16 2015 TO: Tim Walton DOA Dept of Administration STATE PROPERTY State Property Office OFFICE FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(CDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA I Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7406 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: ThThis agency has no objection to the project as proposed. �. 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 DATE ��— RECEIVED Nothing Compares DCM WILMINGTON, NC State of North Carolina I Environmental Quality DEC 0 9 2015 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-MW Environmental Quality MEMORANDUM: TO: FROM: SUBJECT Applicant: November 10, 2015 Renee Gledhill -Early PAT MCCRORY DONALO R VAN DER VAART Dept. of Cultural Resources J Archives & History A t � Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsaMncdenr.gov Fax: 395-3964 (Courier 04-16.33) CAMA / Dredge & Fill Application Review Ken Kiser Project Location: 7406 East Beach Dr., adjacent to the Atlantic Ocean. in Oak Island, Bnunswick Co Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate. in-depth comments with supporting data is requested. REPLY: -—This agency has no objection to the project as proposed. 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 1_4 DATE( 3CS RECEIVED DCM WILMINGTON, NC DEC 0 12015 !'-'"Nothing Compares,' .. Nov{} Sta�rdNortl�faroidiirw�fmma:mrnw Qwliry No } 1 4 246 Iti01 Mad Smvke C~ I RaWgh. Nooh Cambna M99 1601 919- 707, 8Tit11 Environmental Quality MEMORANDUM: TO: November 10, 2015 Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsna-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7406 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 \ DATE t l J i 115 6 Lo f P, RECEIVED Nothing Compares' DCM WILMINGTON, NC State of North Carolina I Environmental Quality Nov i a 20t5 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 tiz- Environmental Quality November 10, 2015 MEMORANDUM: TO: Anthony Law NC DOT Brunswick County PAT MCCRORY np cc pp����TT !g�Gota°rrar DONALD R. PATRIWAART N`J1 i 115" RECEIVED FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats@ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7406 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED t� ' DATE '/ /Z5 Nothing Compares.` RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality NOV 3 0 2015 1601 Mail Service Center I Raleigh, North Carolina 276941601 919-707-8600 Envtromwntal Quality MEMORANDUM: TO: Donna Coleman LPO Oak Island November 10, 2015 PAT MCCRORY Governor DONALD R. VAN DER VAART secretory FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(0)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7406 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. if you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: +/ This agency has no objection to the project as proposed. 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 DATE / 41, 2675' RECEIVED DCM WILMINGTON. NC -5:,-�'NothingCompares_!!.` NOV 1 7 2015 State of North Carolina I Environmental Quality 1601 Mall Service Center I Raleigh, North Carolina 27699-1601 919-707.8600 tz- t K Environmental Quality November 10, 2015 MEMORANDUM: TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City PAT MCCRORY Cavemor DONALD R. VAN DER VAART Secretary FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(CDncdenr.gov Fax: 395-3964 YCourler 0416-33), SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7406 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. )45 This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes ara inrnr nratarl Saa attarharl This agency objects to the project for reasons described in the attached comments. RECEIVED DCM WILMINGTON, NC rr NOV 3 0 2015 SIGNED �� �---- DATE 30�5 RECEIVED -�NothtngCompares�- NOV 16 2015 State of North Carolina I nvhorunental Quality �;y'a�r 1601 Mall Service Center Raleigh, North Carolina 27699-1601 C ARw 'i .ptI. CITY 919-707-SM PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 10, 2015 MEMORANDUM: Chi 0 �� TO: Heidi Cox �u Nov 11 2015 Environmental Engineer �Nisionot Public Water Supply WIRO' pubWatea eS Apt FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats@ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA I Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7406 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated 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 December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. —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" U1GiYtQ (04 DATE 1 1 // z// � Nothing Compares? RECEIVED DCM WILMINGTON. NC State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 NOV 16 2015 itz DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ken Kiser 2. LOCATION OF PROJECT SITE: Project site is located at 7406 East Beach Drive (Lot 23), in Oak Island, Brunswick County. Photo Index-2006:8-6168 K-17 2000:8-75 L-17 1998:5-95 O-P-15 State Plane Coordinates - X: 2276020 Y: 58234 Rover File: Not taken Lat: 33054123.51"N Long: 780 5'25.82"W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: 5. PROCESSING PROCEDURE: Dates of Site Visit—10/9/15 Was Applicant Present - No Application Received —Complete 1112/15 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Yaupon Beach (Town of Oak Island) Land Classification From LUP - Developed (B) AEC(s) Involved: OH- OEA (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal RECEIVED vE D Planned - N/A (F) Type of Structures: Existing— Vacant lot NOV 1 s 2�]5 Planned - Single-family residence and pool. (G) Estimated Rate of Erosion: 2 ft./yr. Source - LTAASCR 2011 Update D C %1- Ei ; H D CITY 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 4,353 sq. ft. §404 wetlands (B) Non -Vegetated Wetlands Other— High ground 4,647 sq. ft. (D) Total Area Disturbed: 9,000 sq. ft. (0.21 acres) (E) Primary Nursery Area: No (I) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a single-family residence and pool with associated wetland fill. 6>z- Ken Kiser- 7406 East Beach Drive Page Two 9. PROJECT DESCRIPTION The project site is located at 7406 East Beach (Lot 23) in Oak Island, NC. The project area is located near the Atlantic Ocean, within the Town of Oak Island, in Brunswick County. To find the project site, travel south on US Highway 17 to NC Highway 133 South. Travel approximately 22 miles south on NC-133 to Dosher Cutoff SE/ NC-133.Tum onto Dosher Cutoff and then turn right at Southport -Supply Rd. SE/ NC-133. Travel approximately 0.8 mile and turn left onto NC- 133. Travel on NC-133 to Oak Island and turn right on East Oak Island Drive. Travel approximately 0.9 miles to SE 75th Street. Make a left on SE 75th Street and a right onto East Beach Drive. The subject property will be the third vacant lot on the right. The lot has a total area of approximately 7,500 square feet. The site is vegetated primarily with Eastern Red Cedar (Juniperus virginiana), Wax Myrtle (Morella cerifera) and Yaupon (Ilex vomitoria). The site plan shows §404 wetlands with an area of 6,456 square feet. A Notification of Jurisdictional Determination was not submitted with the application package. According to the applicant, the property has an approximate elevation of 6 feet above mean sea level. The frontal dune is located approximately 310 ft. oceanward of the southern property lines and the static line is located approximately 240 ft. oceanward of the southern property lines. The long term erosion rate for this portion of Oak Island is 2 feet per year. The I00-year storm recession line for this area is 300 feet, creating a total Ocean Erodible AEC of 420 feet. The entire project is within the Ocean Erodible Area of Environmental Concern (AEC). Setbacks in this portion of Oak Island are measured from a static or fixed vegetation line, unless the actual first line of stable, natural vegetation is more restrictive. This static vegetation line represents the first line of stable, natural vegetation that existed prior to the large-scale spoil deposition project. The vegetation line used for Oak Island is based on the 1998 vegetation line, as described in NCAC 07H .0305(ax6). With a 2 feet per year erosion rate, structures with a total floor area less than 5,000 square feet must be set back a distance of 60 feet landward from the static line. The 60 foot setback is located approximately 180 ft. oceanward of the southern property line. The actual first line of stable, natural vegetation is located oceanward of the surveyed static vegetation line. There are no man-made structures currently on the property other than municipal sewer hook-up. The waters of the Atlantic Ocean in the vicinity of the project area are classified SB by the North Carolina Division of Water Resources. The area is not designated as a Primary Nursery area by the North Carolina Division of Marine Fisheries. PROPOSED PROJECT: The applicant is proposing to construct a 2-story pile -supported single-family residence with associated wetland fill including a 28 ft. wide by 12 ft. long pool with concrete apron, sidewalk and concrete driveway (see sheets 1-2 of 2). The total floor area of the house would be 2,125 square feet. With the covered porches and driveways, a total built -upon area of 2,850 square feet is proposed for this lot. Approximately 9,000 square feet of area on the lot, including associated right-of-ways, would be graded and filled for construction. This includes approximately 4,353 square feet of §404 wetlands on the lot. The applicant proposes to make a payment to the Lower Cape $ tC I"ED NOV 16 Z015 CC,kq- CITY Ken Kiser- 7406 East Beach Drive Page Three Umbrella Mitigation Bank (LCFUMB) at a 0.2 credit for mitigation for the proposed Section 404 type wetland fill on the lot. A Statement of Credit Request dated October 9, 201 is included in the application packet. 10. ANTICIPATED IMPACTS: The project would result in the permanent filling of 4,353 square feet of §404 wetlands and approximately 4,647 square feet of high ground disturbance and fill. It appears there may be additional wetland impacts within the right-of-way associated with the driveway construction. According to the applicant the residence would result in 2,074 square feet of built -upon area. The proposed development would be located within the Ocean Erodible AEC landward of the applicable development setback. Submitted by: Tara MacPherson Date: November 9, 2015 Office: Wilmington R IC NOV 16 2015 ME MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination — Ken Kiser— Oak Island, Brunswick County Date: January 7, 2016 Consistency Determination: The projects are consistent with the Town of Oak Island Land Use Plan Update. The applicant proposes to construct a single-family residence(s) and pool with associated 404 wetland fill. The project(s) are located at 7404, 7406, 7408 and 7410 East Beach Drive in Oak Island. I have reviewed the proposals for consistency with the Town of Oak Island CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Developed. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern (AFC's) are OH-OEA. Oak Island allows development in Developed classified AECs, which is consistent with the State's minimum use standards. The Oak island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to these projects. The projects are consistent with the Town of Oak Island Land Use Plan Update. Cc: FILE RECEIVED DCM WILMINGTON, NC JAN G � 2016 f4 - 5out6ern Environmental Group, Inc. 3315 -A Colese Kaad, $uiee F.. W4minston, NC 2e+12 F6m- 9 i o rJ2-27 i i .Fax 9 i o.47zza99 • Fme L off �e �oy.ve 10 October 2015 Hand Delivery NC Division of Coastal Management Attn: Ms. Tara MacPherson Regulatory Field Officer 127 Cardinal Drive Extension Wilmington, NC 28412 Re: Lot 23 - 7406 East Beach Drive CAMA Major Permit Application for Upland Development and Fill Dear Tara, [SEGi Project 4: 14-052.011 Southern Environmental Group, Inc. (SEGi) has been retained by Mr. Ken Kiser (herein referred to as the "Applicant"), to submit the attached Division of Coastal Management (DCM) permit application and associated appendices (see Attachment 1), in order to obtain a Coastal Area Management Act (CAMA) Major Permit, which is necessary to perform work at his property, located at 7406 East Beach Drive, in Oak Island, Brunswick County, North Carolina. Site Information and History: The lot was last platted 16 May 1981, under Map Book M, Page 130, has been assigned Parcel ID 250BLO2021 and is approximately 0.17 acres (7,500 square feet). The US Army Corps of Engineers (USACE), as part of the Jurisdictional Determination (JD) process, verified SEGi's wetland boundary line on 8/25/15, however a JD had not been issued as of the date of this letter. This lot is located within the CAMA Ocean Erodible Area of Environmental Concern (AEC), but it is not located on a waterbody, which has a Coastal Shoreline AEC associated with it. The lot is undisturbed and vegetated and does not contain any man-made structures or impervious surface area. The Applicant has signed the AEC Hazard Notice (see Attachment 2). Proposed Work: It is the Applicant's intention to construct a single family, residential dwelling, with attendant features, which will entail disturbing 9,000 square feet. The proposed structure, covered porch, and driveway will cover 2,074 square feet or 27% of the site. The driveway will be constructed of concrete and gravel. The pool surround will be made of concrete. Typical residential dwelling building materials will be utilized. In order to facilitate the construction of the dwelling and access drive, approximately 4,353 square feet (0.099 acre) of Section 404 wetlands will need to be filled. Due to the location of the wetland feature, avoidance is not possible. The proposed location of the structure is such that it is in keeping with the local setback requirements. Only the minimum amount of wetlands is being filled to facilitate this development. The proposed site plan is the least environmentally damaging, practical alternative. In order to offset wetland impacts, the Applicant proposes to make payment to the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB� 2� mitigation to impact ratio. �v =Ci� i v .�, rZ- ECEiVED RECElyXV NOV 16 2015 DCM WILMINGTON, NC 6 2015 - -Y NOV 0 2 2015 It Lpt 2; -74od E,a5tD4ach ¢rive I. UVUF Maiprj'4rP`rit 5r-Gi CAMA Major Permit Process: As part of the CAMA Major Permit process, the Applicant has notified the adjacent property owners, by US Postal Service certified mail. The adjacent property owners have been determined to be the Town of Oak Island. Confirmation of the notification has been attached to the permit application. Also, a $400.00 filing fee is required, which has been included with this correspondence as Attachment 3. It SEGi's hope that the information found within and attached to this letter will be sufficient for the DCM to consider the application complete and the permit will be processed without delay. However, should you have questions or need further information, please call me at 910.452.2711. Thank you, in advance, for your time and assistance with this project. We look forward to hearing from you. Sincerely, Dana A. Lutheran SEGi Project Manager Enclosures: Attachment 1 — CAMA Major Application with Associated Appendices Attachment 2 — $400 Filing Fee NOV 16 2G15 RECEIVED DCM WILMINGTON, NC Nov 0 2 2015 +f f � r � 1 I J A O O1 1 � a N I M f I Ilf I I E75TH-ST E-76TH S RECEIVED OCM WILMINGTON, NC NOV 0 2 2015 SE ]rxl5r m NF ]ry.sl p Nf 12}n $L SE ]1N � N ]rxr ]}131 sMg 1„ enn+�.x g� c Nr>MQ NE],LY SI 15 WY135 3 15 y1P13N3N ¢ IS 4RL 3N 3 i IS WSL 3N 545L3N • IS "L 3S S W9L 3N IS 4191 3N M WLL 35 IS 'All 3N ISWLL3N 1549L3S IS 4MI 3N MgML3N SE>91N$t nI*L 35 IS4WL3N ISIP—O I$INMO3 .,W.4s am 11!u345 iv m ann llwx4$ g w1e99909 PAM a4me W wlse9gln _ v: 1 IS aIguOM 1$YVWOM IS diguWM ��'x$ ;N1 4 Is w!xaH 1$1Rmy Ic 49!nM z IS W.1. ISIWy � � 15Wry — k IS w4oN IS wuaN IF Rw4oN IS WVON Wr,,, 1$IYIUp I$»iYW ISIApW \� a ti 4 L.2—k tp P n�Lw • • Ve-- Environmental Quality November 10, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 PAT MCCRORY Covemor DONALD R. VAN DER VAART Secretary Re: Ken Kiser Major Public Notice in Brunswick County at 4 locations Kyle & Heather: Please publish the attached Notice in the Friday, November 13, 2015 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 (number on file with Elsa Lawrence, Ref aect # 796-7215). Please send 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: Doug Huggett MHC DCM Heather Coats - WIRO DCM Tyler Crumbley — USACE Michele Walker- DCM Sincgrely, Shaun �K.Siimpson Permit & Customer 6upport Division of Coastal Management FECEVFED NOV 16 2015 Nothing Compares.._ DC %, l- NHP C i a Y State of North Carolina I Environmental Quality 1601 Mail Service Center I Raki9h, North Carolina 27699-1601 919-707-8600 0 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA. According to said application, On October 30, 2015 and November 2, 2015, Ken Kiser proposed to construct a single family residence and pool with associated wetland fdl at 7404, (lot 24), 7406 (lot 23), 7408 (lot 22) and 7410 (lot 21) East Beach Drive, adjacent to the Atlantic Ocean, in the Town of Oak Island, Brunswick County. Copies of these 4 applications may be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 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 December 4, 2015 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. NOV 16 2015 DC1,l- Et HC' C1--Y Environmental Quality November 9, 2015 Southern Environmental Group, Inc. c/o Dana Lutheran 5315 South College Road, Suite E Wilmington, NC 28412 Dear Ms. Lutheran: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Ken Kiser, for State approval for development of the subject property located at 7406 East Beach Drive in Oak Island, Brunswick County. It was received as complete on November 2, 2015 and appears to be adequate for processing at this time. The projected deadline for making a decision January 18, 2016. 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 November 2, 2015, 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. NCOS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tara Mac herson Field Specialist cc: Heather Coats, DCM Tyler Crumbley, COE Debra Wilson, DCM Donna Coleman, LPO, Oak Island VL In"e— Nothing Compares. State of North Carolina I Emironmental Wally 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 9M707.8600 FECENED NOV 16 2015 LAMA PERMIT C:) APPLIED FOR PROJE rc B Islas -a, runswic ounrv. in le -family k CO[LIMES —111 S ACCEPTED THROUGH December 4, 2015 APPLICANT: Ken Kiser 437 NEB -Sir dat Agent: Dana Lutheran, SEGI, Inc (910) 452-2711 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Day. of Coastal Management 127 Cardinal Dr. Ext. WHminaton, NC 28405 Tara Macpherson, Field Specialist 910-796-7425 tf`' 5LGi AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: L-21 through 24 B-813 DEBORAH CLAY PLAT W103 LOT NO._PLAN NO._PARCEL LD. 250BL02019, 230BL02020, 250BL02021.250BL02022 STREET ADDRESS: Eats Bit �Lve Property Owner (please print): Longbacb t LLC. Layouacb 2 LLC. Laogbmch 3 tiC. Lmghedr 4 LLC Tic undmigacd: :egntcrcd property o%ncr of the abo.c noted property, does hereby authorize Smehern Environmental Group. Inc. (SEGi) to act on my behalf A matters regareing areas of environmental conwm. Property Owner's Address (if different than property above): 170 St. Croix Aycnnc Cocoa Be" FL 32931 Telephone: We hereby certify the above mfotmalion submitted -in this application is true and accurate to the best of our knowledge. t�%dvr✓ y�a�Wt�� Prdparty Owae! uthorized Signature SEGi Authorized Signaeure l ��.1 David Scibe(ta Pridt Nam Print Name &1'2015 _. Do" Date RICE'dvEa NOV 16 2015 RECEIVED DCM WILMINGTON, NC NOV 0 2 2015 C ItSf iamT-TW r Cr=FZnFfED t A?L • RETURN RECEIPTRECiUES"rF-D DIVISION OF COASTAL MANAGEMENT AnJACENT RIPARIAN PROPERTY OWNER hIOTiFICA'TIONA1UAIVFR FORM t . Named Property Owner: X Y - 1 el Adr:ress of Property: � Ci�'={ter' Oak- `1r:�1c�r }� t(Lot rr Stis-AT P, e1ri40 or Road. City h .r ounty,i Apent's Name9: I)arjcL Ma-IlnpACldress- !ao1-a% Aoan+,'s phones; Q! U aqs. 6 a4l S -(Z fcq e ► d, l c);1 t� 1 hereby oerti`y that I oum property adjacent to the ate ve referenced property. The indluldual oppiying for thie Lrtrrnit het deaorfb�4 to trot+ 69 t&hawn on the sdachcd draWing the 60VOlopmenl they are proposing-, LoqnopLiqt7 r fAv, ring._} j� d1[tjettsfons. must be nrvvided wilt< -ibis letter. _yf ... I have no obfecdc" to thin proposal_ . I have cbjrrriryn& 14, chic pmrncAl. If yarr Have obfsctiona to what is being praupoaed, year mw d notify the Division of Coestel lidanaaemanf (DCW) In writing within 70 days of racalnf of this noike. Contest informetlon for DCM offices It available at htta:llwww.r•)cceastsfors raaAs+nent.nethMeh/cmletaff-listing or by c aping l-888.4RCOAST. No response is considered the ssme es no objectforr if you have been nofffletl by Ccrrffled mfifl- _ ' ----� WAIVER EECTION --'�' I understand that a pier; erioc, mooring pilings, boat ramp, break%yalgrr .�A"uae, or llft MUS, be set back a rnlnimvrn drsta i toi-15' from rry area of ritied crass unless waived by me. (if you 0,ih to waive the s.etbnck, you rnus`riniUsi th - appVo iate blank h?Icw. PA I do viish to vraiv*4t1Ti 15 back requjnem--M— - -' 1 NOV 16 2015 not wish to v<<aive the I6'setbnok requirement- � �(Rr.Qperty Owner Information} signaalre v? k;set- Prrirt or Typo N'srrnc j tiiF hdarling r4ddre�s Teloph p NumhorlEmaWAddress (Riparian Property Owner Information) -�:5'Y"Y= �l_74t--A ..f f.G•r+. +IA f.�1"fir FY7,_%V1 ,P.nfd,[n.• Sigrrafurc Pfint or Type Wams ')(,M WlLMwIGTCN, NC r+raN+'rrif Addrrass 0 C 1 3 0 2015 GFylSlatol�p (�'+'7:E-1 .jt,L� �.r��1. 4,F�: ,.. •, ,i'. ..:::G (.A[.U�t+Z1' .. _ Telelrhone Nurrrber`lr=rnai! lodreR� U�ts Date (J3eviaed Aug. 2014) LOWER CAPE FEAR UMBRELLA MITIGATION BANK CREDIT REQUEST FORM (February 2013) Print this form, fill in requested information, sian and date, and either mall to: Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) OR emall to: cpreziosi(81marouD.net Go Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Attachments are acceptable for clarification purposes (location map of Droiect area is reauested) CONTACT INFORMATION APPLICANT'S AGENT (optional) APPLICANT 1. Business or Individual Name SEGi Mr. Ken Kiser 2. Street Address or P O Box 5315 South College Road, Suite E 137 NE 37" Street 3. City, State, Zip Wilmington, NC 28412 Oak Island, INC 28465 4. Contact Person Dana A. Lutheran Mr. Ken Kiser 5. Telephone Number 910.452.2711 910.524.0633 S. Fax Number NA NA 7. E-Mail Address (optional) dlutheran(MsegLus kenkiser0ec.rr.com PROJECT INFORMATION 8. Project Name 7406 East Beach Drive 9. Project Location (nearest town, city) ""ATTACH MAP SHOWING IMPACT LOCATION- Oak Island 10. Lat-Long Coordinates (optional) Lat: 3305424" N Long 78°5'25" W 11. Project County Brunswick 12. River Basin Cape Fear 13. Cataloging Unit (8digit) (See Note 1) 03030005 IMPACT INFORMATION Total Impact (ac.) (e.g., 0.13) Amount of Credits Requested (ac ;f) 14. Riparian Wetland - - 15. Non -Riparian Wetland 0.099 0.20 16. Coastal Marsh - - 17. Stream Impact: Warm only (ft.) (e.g. 1,234) 18. Regulatory Agency Staff Contacts Indicate last names, if known USACE: Tyler Crumbley DWQ: Chad Coburn 19. Other Regulatory ID Information ry (e.g. USACE Action ID, if known) Not Assigned ^ r• "= Not Assigned -+-wr' )•• - IMPORTANT Check (4) below if this request is a : revision to a current acceptance, or re -submission of an expired acceptance Signature of Applicant or Agent: Date: 8 October 2015 Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page: htto://cfuub.epa.uov/surfAmate/index.cfm RECEIVED Note 2: Please contact Christian Preziosi(LMG,Inc.) with questions at (910) 452-=1 or cpreziosiOlmaroup.net DCM WILMINGTON, NC Nov o 2 2015 01 FITR TO P(MCIBASE AND CONTRACT -VACANT LOTH AND i solt "Guidelines" (form 12G) for guidance in completing this form] j I NOTE: This con is iaten unimproved real property that Buyer will purdwe only for personal use: and does not have immediate plans ro subdivide. It uld not be used to sell property that is being subdivided unless the property has been platted, properly approved � recorded ' the register of deeds as of the date of the contract. If Seller is Buyers builder and the sale involves the constructive of a new single J waily dwelling prior to closing, use the standard Offer to Purchase and Cantract.r-New Construction (Foie 13()(LT) or, f the coustrac i m is completed, use the Offer to Powbase and Contract (Form 2-T) with the New Construction Addendum (Form -T). For valuable consi on, thcm. eiptandlegal sufficiency of which arc hereby acknowledged, Buyer offers to.purcliase and Seller upon acceptance agrees t3sell and coat q the Property on the terms and conditions of this Offer'To Ptuchase and Contract and any addendum or modification ma ie in aoconitux e with its terms (together the "Contract"). 1. TERLMS AND DEFINITIO The teumAlisted below shall Have the respective mearims given them as setlao h adjacent to each term (rL t Beach 2 3 LL.0 S. 2w.it PM i (b) "Buyer": lli.amt ruanioath Kiser Juanita Iciest I (e) "Proper ry The PrGpierr iball include all That real estate described below together with all appurtenances thereto including the improvements located NOTE: If the Property willinclude a maacfactured (ueobile) home(s), Buy i and Seller should consider including the ManU a amed (Mobile) Home prevision in the Additional Provisions Addendum.(Statttdand Form 2AI1-T) with this offer. i Street Address 7402 7404 VA06.7408 2 Oak Ialand Dr City: Oak island Zip: 204M County: Brun 3wick NQAhCarolina . (NOTE: Dove woeRW authe ky over taxes, zoning, school districts, utilities' andmail delivery may differ from address shown.) 1.e981 Daaoript on) (Complete i LL applicable) PlarRefetence Imullart -24 Bloc)dSeetion 8B Snb&visiadCmldcmipinm DBBORABCAY as shown on Flat Book/ R& M at Pa4go) 103 The FUUM o :other ' ation number of the Property is: ZSOBLO2019, 250BLO2020, 250BL02021, 250BLO2022_ Other descripti : TX 21 L- L-23 L-24 R-BA DEBORAtI CLAY PLAT W103 _ Someorallof Property bedesaf3edin,DeadBook 2876 !tPage1251,1253,1255,1257 (d) " Frioe"• i paid in U.S. Dollars upon the following terms: $ N A BY DUO DILIGENCE FEE made payable and 'delivered to Seller by the Effective Date. a,n $ BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow a qm WT Agent named in Paragraph. 1(f) by C] crib Ek petsonal check ❑ official bank check Gf' _ ❑ wire transfer, 13i mER ❑ witb.tbis offer OR ❑ within five (5) days of the Effective Date of this Contract. S N/A BY (ADDMONAL) EARNEST MONEY DEPOSIT trade paysb►.b and delivered to Escrow Agent named in Paragraph IQ) by cash or immediately available funds such m official bank check or wire transfer no later than N/A , 77ME BEING OF THE ESSENCE with regard to said date. $ Dt/A BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Ivan Assumption Addendum (Standard Form 2A6-T). S BY Sffid.ER FINANCING in accordance with the attached Seller Fhumcing Addendum (Standard Form ZM-T). $ I BALANCE of the Pmcha(z Price in cash at Settlement (some or all.ofwbieh may be paid with the proceeds of a new I °tV162015 ® This form, jointly appr by: Page I of 11 191 SrANUABD FORM 12•T North Cal'Olina Bar As cfatiou 1- f\f H C Revised UA15 REALTOM North Calm �J ' �ORSCN, Inc. s o n tar°°a`rr 07 XIS Bayer ini al 9$ seller nitials RECEIVED hm.m�mlltKlq Ctl0.ln ClebrYi,eq} 2tKr a59G Rwr+("1"W�.Uuc ra: (51 weenM:ia" v uro.st,ramseMz'ataav,aororam�rm"anti.c„�,.mn+,haiaaaaa '�IMWILVi1M')r11tlNC rmaw� MR�,. NOV 16 2015 NOV 0 2 2015 5oot6cm Fnvironmcntal &offupr, Inc. 94o.47iA7fA . ima 91a- 5iA090 - r".teg.Mo 14 September 2015 Electronic Mail Town of Oak Island Attn: Ms. Donna Coleman 4601 E. Oak Island Drive Oak Island, NC 28465 15-070.0 Re: CAMA Major Permit for Upland Development Adjacent Property Owners Notification Lots 21 through 24 East Beach Drive, Oak Island, Brunswick County, North Carolina Dear Donna, With this correspondence, Southern Environmental Group, Inc. (SEGi) is notifying the Town o f Oak Island of the proposed construction of four residential dwellings, which will be located on four lots that are adjacent to land own by the town. This was determined by using the Brunswick County, North Carolina tax information page. SEGi has been retained by Mr. Ken Kiser, herein referred to as the "Applicant', to notify the adjacent property owner(s) of his intent to apply for a Coastal Area Management Act (CAMA) Major Permit for each lot. The Applicant intends to construct a single family dwelling, with associated parking and amenities (i.e. pool), on four parcels of land. Each lot is 7500 square foot and is located within the Ocean Hazard Area of Environmental Concern Heavy machinery, such as a dump truck and bulldozer will be utilized to bring in clean earthen fill and a bulldozer will be used to grade the lot. To facilitate the development, US Army Corps of Engineers (USACE) §404 jurisdictional wetlands will need to be filled. This action is part of the permitting process and will be reviewed by the USACE and NC Division of Water Resources, to ensure it is in compliance with the Clean Water Act. The following table provides a summary of the proposed impacts to wetlands associated with each lot. Parcel ID Lot Number Address Proposed Wetland Impacts (AC) 250BLO2022 24 7404 East Beach Drive 0.067 250BLO2021 23 7406 East Beach Drive 0.099 250BLO2020 22 7408 East Beach Drive 0.074 250BLO2019 21 7410 East Beach Drive 0.065 To assist you in the decision making process of the proposed construction, attached you will find the Permit Applications and Site Plans for each lot. Once you have had an opportunity to review the information and have determined you have no questions or concerns regarding the project, please sign the enclosed form letters, and return them, via email to dluthemn(&,seai.us. If email is not possible, please mail to my attention, at 5315 South College Road, Suite E, in Wilmington, NC 28412. This will help to expedite the CAMA permit process. If you should choose not to respond to this letter, the Division of Coastal Management will assume there is no objection to the proposed activity. For questions regarding the permitting of the proposed activity, please call the North Carolina Division of Coastal Management (Ms. Tara MacPherson) at 910.796.7425 or visit their office at 127 Cardinal Drive Extension, Wilmington, North Carolina. Please feel free to call our office at 910.452.2711, for information regarding Areas of Environmental Concern (AEC) or other environmental issues. Thank you for your time and assistance with this project. "ECENED Sincerely, NOV 16 2015 Dana A. Lutheran SEGi Project Manager Enclosures (4 — 1 CAMA Permit Application packet for each lot) DCM WILMINGTON, NC NOV 0 2 2015 Vod 0�' c4 C te. K R. A.t,I of wd w0 Pleaw 1 o=, f n'� tl3 Presenter m Ret Total_9 '+-',l�__int_ �S —1z_>�C_�CasAS___. Brendle M. cicerone Register of Deeds 12-31-2015 14: 55:02.004 Brunswick Cow Na� 6( 0) 1 NC REVENIE STRii: $230.00 CA4�79 � W�� .ia nWYrv:sd9w• es!V onginel 17 ^": NIffiCau:ol W mDeCuaV ar W'.= .A NORTH CAROLINA GENERAL WARRANTY DEED NO OPE90N ON TITLE RENDERED This property is not the primmy reside>r�( -le Grantor ��q'CC���� o This instrument prepared ��v,p ryPpY bl'R7e a, PLLC, licensed North Carolina attorneys. Delinquent taxes, if any, to b d by the closing attorney to the Brunswlck County Tax Collector upon disbursement of closing proceedt Excise Tax: Brief Description For The THIS DEED made this day Parcel ID: 250BLO2021 Deborah Cay Subdivision :H:7.1elCgN 2015 by and between, Long Beach 3, LLC — A Florida Li ' edltity Company By Clyde K_e�er ' p, ds owner, By Kellf#,t es, Inc. — it General Partner 170 St. Croix Ave. Cocoa Beach, FL 32931 GRANTEE William Kenneth Kiser and wife u � Kiser p @(�`0 6 I , NC 28465 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shag include singular, plural, marculine, feminine or neuter as required by context. Prepared By and Return Teo: �( 8721 Baste Ol6 o Drive, odMP.d1`olma 28465 RECEIVED p��odpM�g6poW@� DCM WILMINGTON, NC JAN 0 5 20i6 C 6po °WQ '.. pod °epB� IIIIIII IIIIIIIIIIIIIIII IIII IIII 13724 P1033�e% ez'00 P arunsulck County, NC Register of Deeds page 2 of 3 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 sim 1ghat certain lot or parcel of land situated in Smithville To �it ounty, North Carolina and more particularly descri , LOT NUMBER TWENTY THREE (23), BLOCK EIGHT (8), OF Deborah Cay Subdivision according to a map by Alvie E. Lewis, which map is recorded in Map Cabinet M at Page 103, Brunswick County, NC Registry. TO HAVE AND TO HOLD th a g¢ QV4)� O of land and all privileges and appurtenances there���op a [oihe Grantee in fee simple. And 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 title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the following exceptions hereinafter stated. Title e property hereinabove described is subject to the fol,l�owi� ° Duoo 1- Ad valorem taxes for the current year; 2- Restrictions, easements and rights -of -way of record. 3- Clyde Keller Management Company, Inc. is a dissolved corporation. At the time of its dissolution the above descrt"perry was inadvertently omitted in the winding .s®61' cation of this deed to convey the property zF®6nt�tion of the winding up of its affairs and to correct the error in the chain of title created by the recording of a deed recorded in Book 2876 at Page 1255 of the Brunswick County Registry, said deed having been recorded while Clyde Keller Management Company Inc., was under revenue suspension by the NC Department of Revenue. At the time of dissolution, Clyde Keller was its president, sole shareholder and sole director. Gig Prepared By and Retum To: Geddings & Kleva PLLC {} $721 East Oak island Drive, Oak I�slpyflgr zia 28465 pfg6 p u�1W �i god°bpa�g6�°�Q� H-- We '8.pOd0IDVBrunAl�rendM.Clenty, NC ReW ster of Deeds page 3 of 3. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. � ,�a�g `(SEAL) Long Beach 3, LLC By: Clyde Keller Familiy Limited Partnership - its Owner By: Keller Associates, Inc - its General Partner By:, Brandy K. Ratley Title: President @t STATE of C- bp��g6O o COUNTY OF e-u, bw I, a Notary Public in and for the State and County aforesaid certify that the following personally appeared before me this day and being authorized to do so, acknowledged to me that he signed the foregoing document for and in behalf of Long Beach 3, LLC, by Clyde Keller Family Limited Partners Qp — its Owner by Keller Associates, Inc. —its General Partner for the erein and in the capacity indicated and I either have perso i entity of the person or I have seen V satisfactory evidence of i t state or federal identification with the person's photograph: Brandy R: Radey - President (Fill in Name and Title of Person Appearing) Date: llec iiS 2015 �� o'�o C<'�W01 ARY PUBLIC p My Commission Expires: Aub..3 /Zd:o (Stamp(Seal) aM17ji /6 OOd b m s c o q//i9�'rND COOS 0 Prepared By and Return To: Geddings & Kleva PLLC 8721 Past Oak Island Drive, Oak lead: N a 28"5 pOdobp"V Tpd o�)VOSg@oW@t RECEIVED DCM WILMINGTON, NC JAN 0 5 20116 M Southem Environmental Group, Inc. 5315 South Cofte Road, Suite tt, WRmingtoo, NC 294n 910,I422)11 . Fm 910A4299 • t wgi.u, ADJACENT- PROPERTY OWNERSTATEMEI+IT I hereby certify that I own property adjacent to Mr. Ken Kiser's (herein referred to as the "Applicant") property located at 7404, 7406, 7408 and 7410 East Beach Drive, in Oak Island. Brunswick County, North Carolina. The Applicant has described to me, as'shown on drawings dated 30 November 2015, the proposed development at above locations, and I have no objections to the proposals. Adjacent Property Owner Information Poteat Smith Properties, LLC -Mr. Kelly Smith. 100.Pearce DAve- Jamestown, NC 27282 336-240-8540 / Poteatsmithllcna.outlook.com Property Owner Information Mr._Ken.Kiser 137 NE.37`h Street _ OakSslaitd;-NC• 28.465 9107524-0633/. (dlutlierati sect us)_. Dana I u Bran SEQ1Lf Ked Kiser. 5 January 2016 ------(Date) - RECEIVED DCM WILMINGTON, NC JAN 0 5 H116 MAJOR PE IT E SCHEDULE , C+, IR Ve DCM % DWQ % Development Type Fee 14300160143510009316266253 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 Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: MIA). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be a lied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (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 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be a lied: $400 60% $240 40% $160 IV. Development that involves the filling and/or -d excavation of more than one acre of wetlands ,and/or open water areas: 9 $475 60% $285 40% $190 Ft"CEIVEJ NOV 16 2015- DC.%I- SiAHD CITY I DENR CAMA Date Received Daily Check Date Deposi fed Log for WIRO Check From (Name) Name of Permit Holder Vendor Check Number Check amount Permit Number/Comments Receipt or RefundrReallocated 10/20/2015 Dr. Jeff Morrison same First Citizens Bank 10494 $400.00 GP 66164D 10/20/2015 Ammon Constr=fion Inc _ Roger Lewis B of A 3890 $400.00 GP 64767D @$200 JD rcL 0303D 10/20/2015 Custom Island Homes by Ken Kiser LLC _ Ken Kiser CresCom Bank 3844 $400.00 major tee, 7404 E. Beach Dr. OI BrCo PH rcL 1134D 10/20/2015 Custom Island Homes by Ken Kiser LLC Ken Kiser CmCom Bank 3845 $4,00.00 major fee, 7406 E. Beach Dr. OI BrCo PH rct 1135D N !, Joseph R. Brochure, PL5 - l 759, Certify that this plat was drawn under my 5upervl5lon from an actual survey _ • made under my superw5/on from information shown in deed books referenced on map and map books reference on map, That arty Imes not actually surveyed appear a5 broken Imes and were plotted from information as noted on the plat: That the ratio of precision a5 calculated is better than l: 10,000, that the area is computed by coordinate method, witness my original signature, registration number and seal this the 24day of AUG. A.D. 2015. Joseph R. Brochure - L- 1759 Professional Land Surveyor KEN KL5ER PARCELP2503LO2022 O O ' J IN'�IG PARCEL AREA: = 7,500 SP IMPERWOU5 5URPACEAREA -2. 074 5P 0.276% LSA er. TOTAL HEATED 5P - 2,125 (30TH PLOOR5) C/LPROPOSED WETIANOs lMPAGT Q%� 4,353 5F/ 0.099 AC ` A -CONC ORlVEWAY STATE�FND -TOTAL 14E7'LANOS saItOV 1w 6,456 SP tik m4ond di� n alto ATLANTIC OCEAN . W0NfTYMAP - NO 5G41E WErZAND5 . . . . . . . . . . . . . . �. KEN K! 25 02020 . �_ P GEfi "-�--'--�-- [CP — Lot vFvmkq*Aw CAMA MAJOR AND WETLAND IMPACT MAP FOR KEN K/SER AT 7406 E. BEACH DRIVE OAK 15LAND, N.C. 5MITHWUf TW5P BRUN5WICK CO. N.C.' DATE.0d(24/15 SCALE: I' = 20' GRAPHIC SCALE 10 20 40 ( IN FEET ) I inch = 20 ft. 1.sland 5rveyor5, Inc. 427 WhLW-';t L-l759 427 4.W. N.C.CLk W-01 NL. 26465 PFK)N910- -250-9192 3-GI22 LgL: 9/65236'l22 e�*Lnmrolw--aPon loe sir E rrad aN. ate muJ: dn�usrym®9n�1.�^ RWAWY)tvvwiw AWW& ;%W G BMW M AeAIm low 1141Qa/29QB1 taaery MNP MAG NA4ItlUND MId MAG k61L 9C( w R.VM#w AY G Ct LEN IT 64TMPAdPAVDAa? �� GROUNDaLYA1XM' m GrvPbGTAt m arcrwcv.Pmcru m 1GIpl1P�CPl%TN. ® m WAOIL@ = M= "SIX ® INAL GpNG9f n.N1P ® IPG TALL( � FlNE �+F 5' ® NM'RP1P RECEVED NOV 16 2015 RECEWED 6CM WILMINGTON, NC Aar wd02m BbAftM:*& 4 Arr 4Y24/15I irt/ loft i, Joseph R. Brochure, PLS - l 759, Certify that this plat was drawn under my supervision from an actual survey made under my supervision from Information shown in deed books referenced on map and map books reference on map; That any hnes not actually surveyed appear a5 broken hne5 and were plotted from Information a5 noted on the plat: That the ratio of precision a5 calculated 15 better than l : l 0, 000, that the area 15 computed by coordinate method. wltne55 my original signature, registration number and seal this the 24 day of AUG. A. D. 20 / 5. Joseph R. Brochure - L- l 759 Professional Land Surveyor 61 7 6 4[ 3 O DECK A 3 Rhrgs oil 1v dnven to a depth of 6' below pmpomed fill 2nd floor PF,• 19.20 MAx/MUM HEIGHT IN 'VE' ZONE 4 P COVERED PORCH E, 30, / +50 is woe 1 +60 DETAIL SHEET CAMA MAJOR AND WETLAND IMPACT MAP FOR Kl,SER KEN AT 7406 E. BEACH DRIVE OAK I5LAND, At. 5MITHVILLE TW5P BRUN5WICK CO. N.C.' DATE. 06124/I5 SCALE.WA 191, 9P SECRON A' NOT TO SCALE SCALE: I' = 3' VERT NOTE- SCALP l5 FOR O TO 1 +60 HORZ. l' = 30 HO 3' TO 6' VERTICAL is/and 5rveyor5, Inc. JOEY BROCHURE L- l 759 427 Womble 5t Oak /gland, At. 26465 PHONE-9/0450-9/92 CELL: 9 / 0-523-6 / 22 www.islandsurveyor.com Re5ldenbal $ Commercial 5te Plan Lot Surveys $ Flood Bev. Certificate email: islandsurveyors®gmail.com PROPERTY REFERENCE OWNER: KEN K/5ER ADDRESS: 7406 E. BEACH DRIVE LOT 23, BLOCK. BB MB MPG. 103 PARCELO 250BLO202I FLOOD STATEMENT Firm: 370202-Panel 02075 Prefix 'J' - zoned 'VE I7' Effective Date: 610212006 Preliminary. • 'Not For Recordation, Conveyances or Sales" JRB dr24/2015 I Sheet A' 2 of 2 �Ealc WA uiveyed By: Joey Brochure-PLS-I 759 0 Nc 26' 60 lk:ic it n NOV 16 2015 ®C,%I- IvF H � C e y