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HomeMy WebLinkAbout3-16 Kiser, KenPermit Class NEW Permit Number 3-16 STATE OF NORTH CAROLINA Department of Environmental Quality and' Coastal Resources Commission Vermit 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, 7408 E. Beach Drive, Oak Island as requested in the permittee's application dated 10/9/15 (MP-1). 10/30/15 (MP-3), 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 De 1) in nnes, tmprisonmem or ctvu action; or may cause me permit to oe null Unit vuiu. 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. Braa on C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Ken Kiser Permit No. 3-16' 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. �I Ken Kiser ADDITIONAL CONDITIONS U.S. Army Corps of Engineers -Condition Permit No. 3-16 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-2015-02424), which was issued on 12/30/15. 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. 15-1206. 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. r � 1 DIVISION OF COASTAL MANAGEMENT Application Processing Notes M Type: (check all that apply) News_ Major Mod_ Permit #_ Minor Mod_ Renewal_ Transfer_ Permit Coordinator: Field Representa Date Time Message �J . . NOT. off/ &I'AtTtt �� too ov t Nci 2 I /S/Ib CtAWW A". Fo >Orn 1OWK- frz t t-t., � e4Per�P,63 oe�s faW C"QL- At�T COW PW,Mtt (CND,-QVP4 w/oH a-l6v+WJZ') ► KW Di5Cu-SsV A-ug6 I& TANS ?W. (WwOJr• of tw WWI- IK DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/LandownerInformation Business Name Project Name (if applicable) NA 7408 East Beach Drive Applicant I: First Name MI Last Name Ken Kiser (see Appendix A - Brunswick County Tax Info) Applicant 2: First Name MI Last Name NA NA /fadditional applicants, please attach an additional pages) with names listed Mailing Address PO Box City State 137 NE 37rs Street Oak Island NC ZIP Country Phone No. FAX No. 28465 US 910 - 524 - 0633 ext NA Street Address Wdifferent from above) City State ZIP NA Email kenkiser!a�ec.rncom 2. Agent/Contractor Information Business Name Southern Environmental Group, Inc. (SEGi) (see Appendix B -Agent Authorization) Agent/ Contractor 1: First Name MI Last Name Dana A. Lutheran Agent/ Contractor 2: First Name MI List Name David A. Syster Mailing Address PO Box City State 5315 South College Road, Suite E Wilmington NC ZIP Phone No. I Phone No. 2 28412 910 - 452 - 2711 ext. 910 - 228 - 1841 ext. FAX No. Contractor # RECEIVED 910.452.2899 NA Street Address(fdifferentfrom above) City State ZIP Same NOV 16 2015 Email dutheran@segi.us - --� 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 7401YEast Beach Drive (see Appendix C - Vicinity Map) NC SR 1104 Subdivision Name City State Zip NA Oak Island NC 28465 Phone No. Lot No.(s) (f many, attach additional page with list) NA- - ext. D 22 ,RECEIVE c a In which NC river basin is the project located? b. Name of body of water neaeco 1 Cape Fear Atlantic Ocean 0 7,11 c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to ffie proposed project site. Natural Atlantic Ocean e. Is proposed work within city limits or planningjurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls Yes No within. Oak Island of 22 page I o itc- 4. Site,Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) None 7500 SF (see Appendix D — Site Plan) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal NA I I I water level) (Imany lot sees, please attach addatonal page with a list) — 6' above NHW (see Appendix D — Site Plan) e. Vegetation on tract Juniperus virginians (Cedar, eastern red) and Morella 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 adjacent to the proposed project site. Residential is the existing land use ofthe subject property and those adjacent to it. It. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) OI-R-7 (see Appendix A) Yea No j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yes No If yes, by whom? Based on the location of the subject property, an archeological assessment is not necessary. 1. Is the proposed project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No m. (i) Are there wetlands on the site? Yes No (ii) Am there coastal wetlands on the site? Yes No (iii) If yes to either (i) or (ii) above, has a delineation been conducted (Attach documentation, ifavailahle)? Y® No SEGi met with Kyle Dahl, of the USACE, on 8/28/15, at the site for a wetland line verification. The line, as `' r depicted the is the line. A JD had been issued on attached site plan, approved not at the time this applicatRECEr ! V V was being prepared. n. Describe existing wastewater treatment facilities. NOV 16 2015 Wastewater is treated by the Town of Oak Island. o. Describe existing drinking water supply source. R ^ ^ e I, r tJ C CITY YI— rt.V-t Y Drinking water is supplied by the Town of Oak Island. LiV p. Describe existing storm water management or treatment systems. The property is undeveloped and woody. A stormwater plan will be submitted to the Town of Oak Island for approval. S. Activities and Impacts a. Will the project be for commercial, public, or private 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 construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. 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 2924 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. Are 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. or Acres g. Will the proposed project encroach on any public easement, public accessway or other area that the public has established use of! Yes No It. Describe location and type of existing and proposed discharges to waters of the state. There are no existing discharges to waters of the state and the Applicant is not proposing to discharge into waters of the sta DCM WILMINGTON, NC of z[ page z of 3 OCT 3 0 2015 tw i. Will wpstewater or stormwater be discharged into a wetland? Yes 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 No 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 0.074 acre of Pocosin wetland. 6. AdiUdonal Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application induction 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 cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. (See Appendix D) c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area 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 AooendixF Name: Address: Name: Address: g A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. There is neither state nor federal permits issued for work on the subject property. h. Signed consultant or agent authorization form, if applicable. (see Appendix D) i. Wetland delineation, if necessary (See Section 4(m)(iii)) j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Mint be signed by pruperry carrier) (See Appendix H) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. (NA) 7. Cerditcadon and Permission to Enter on Land 1 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 grand, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 1 further certify that the information provided in this application is truthful to the best of my knowledge. Date 9 October 2015 Print Name a utheran Signature_ Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development FIECEItvD DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts NOV 16 2015 cd-'Y RECEIVED DCM WILMINGTON, NC OCT 3 0 2015 Lot 22 page 3 Form, DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) M Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 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(s)NA (ii) If yes, list the date submitted: d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 9,000 square feet I. 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 mad. The pool apron will be concrete or similar material. g. Give the percentage of the tract within the coastal shoreline h. 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. i. 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. 2850 SF 38% ISA j. 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? 1S16-1981 Date 30 October 2015 Project Name Lot 22 — 7408 East Beach Drive Applicant Name Mr Ken Kiser Applicant Signature Dana Lutheran for Ken Kiser Projects that require a CAMA Major Development Permit may also require a Stonnwater 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 ugh 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 No (ii) If yes, how many acres? NA . p. If proposed development is a subdivision, will additional utilities be installed for this upland development? Yes No NA RICE,°JET NOV 16 21315 DC6%1- E%",HC Ciit Y RECEIVED DCM WILMINGTON, NC 0 C T 3 0 2015 252-808-28082 :: 1.8884RCOAST :: www.necoastalmanagement.net revised: 12/26/06 I AEC HAZARD NOTICE Project Is In An: Y� Ocean Erodible Area _ High Hazard Flood Area — _ Inlet Hazard Area Property Owner: Rr. K_PXl V66er Property Address: Date Lot Was Platti This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC 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 not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled ifthey become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is located is 2.— feel per year. The rate was established by careful analysis ofaerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as 32E feet landward in a major storm. The floodwaters in a major storm are predicted to be about 1G -1-1 feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. 41� /Cvu 9-14-15 Ap licant Signature Date SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and 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 o£pernit 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 flue setback must be remeasured. Also, the occurrence of a major shoreline change as the result ofa storm within the 60-dayperiod will necessitate remeasurement of the setback. It is important that you check with die LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, iffoundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For more information, contact: Tar-o-Mac i-er5on Local Permit Officer 1a-1 0ard1nQI J�VG L-A Address lol'lmir)�n, FCC Qs4e)S Locallty ✓ giD--161 e-' 4*2S Phone Number RECENED NOV 16 2015 LC!V1- h.HP CITY SLQZ 0 E 100 ON 'NOiUNIAIIM AX Revised 2107 DCM Coordinator: CO Permit #: MAILING DISTRIBUTION SHEET Permitee• DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crruumbley Cultural Resources: enee Gledliili-Ea ip Public Water Supply: eilliams (i3 Joey White (WARD) DCM/ Shane Staples Fisheries Specialist NC DOT: Kan P? i t I I VUZOC77 DMF/ Patti Fowler Shellfish Sanitation: GShannon J State Property: m alto Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis - 401 Oia-dfo u� DEMLR Washington: Scott Vinson-Stormwater . Wilmington: �Georgett SSbott- Stormwate Wildlife Resources: 'a Dim LPO: -M wjN di' rnd [ zj- — Sl'f� ()JW VS Fax Distribution: Permitee Agent #:_ Coastal Management ENVIRONMENTAL OUALITY January 7, 2016 Ken Kiser 137 NE 37'^ Street Oak Island, N.C. 28465 Dear Sir or Madam: PAT MCCRORY Govemor 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 I I3A-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: 7408 East Beach Rd SFR w/fdl 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: MacPherson DISTRICT MANAGER REVIEW: i 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: 1 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 /�;,k4U t END OF NOTICE DATE: 124-15 A✓ DEED REC'D: ON: 1 I I I 150 DAY DEADLINE: STATE DUE DATE: 124-15 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance V1I-/1 S ✓ Land Quality Section (DEMLR) I I I g s ✓ Division of Water Resources (401) 12 l8%li '/ 1S -1201. Storm Water Management (DEMLR) I ( ?-O/IS State Property Office I2- q/, S ✓ Division of Archives & History 1 l I S Division of Environmental Health (t/50/6 ✓ Division of Highways �3��1s ✓ Wildlife Resources Commission Local Permit Office 1117�ts RECEIVED Division of Marine Fisheries / DCM Corps of Engineers pWS It/14,S C CC%1-elfHC CIiY 11 dZ Recommendations for State Permit- Ken Kiser -7408 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 fast 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. RECEIVED NOV 16 2015 [a 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. RECEIVED NOV 16 2015 DCM- MHC Cie Y 9 PAT MCCRORY Governor DONALD R. VAN DER VAART sec.erary 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(a)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7408 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 6^� Z ltl 01 I W DATE it � (& l is� RECEIVED DCM WILMINGTON, NC Nothing ComparesNOV 16 2015 State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh North Carolina 27699-1601 919-707-8600 2 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 10, 2015 C �` MEMORANDUM: �" A �/e �o TO: Dan Sams BY 1 Z 2015 District Manager DEMLR - WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(c),ncdenr.gov Fax:395-3964 (Courier04-16-33) SUBJECT: CAMA I Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7408 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 `� i DATE Alov I Z Zo r 5 RECEIVED DCM WILMINGTON, NC Nothing Compares. NOV 16 2015 State of North Carolina 1 Environmental Quality 1601 Mail SeMce Center I Raleigh, North Carolina 27699-1601 919-707-8600 /vV/f) HT. - PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Environmental Quality November 10, 2015 MEMORANDUM: RECEj9ED/WDENROR TO: Chad Coburn NpV 1 1 2015 401 Wetlands DWR - WiRO Water Quality Regional operations Sectloa FROM: Heather Coats, Assistant Major Permits Coordinator Wilmington Regional Office NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsa)ncdenr.crov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7408 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: SIGNED �. lli7hS c 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 DATE Nothing Compares' s RECEIVED DCM WILM NG ON, NC State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919 - 707 -8600 DEC 18 2015 IV A Water Resources ENV NIONNENI AL OVA L I rY December 17, 2015 Mr. Ken Kiser 137 Northeast 37 h Street Oak Island NC 28465 Subject Property: 7408 East Beach Drive PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN I h•\aW' Brunswick County DWR Project: 15-1206 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 0.074 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: hM://portal.ncdenr.orgLweb/w A/swo/ws/401 /certsandWrmits. 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 211.0506 (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 Certificcation. If you change your project, you must notify the Division and you may be requireRECEIVED submit bt a new DCM WILMINGTON, NC state of North Carolina I Environmental Quality I Water Resourm DEC 2 9 2015 1611 Mail servimCarter I Raleigh, North Carolina 27699-1611 919 707 9000 r 7408 East Beach Drive — Oak Island Brunswick County 2015-1206 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 {l 5A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 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 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] `l 7408 East Beach Drive — Oak Island 'Brunswick Countyr 2015.1206 All mechanized equipment operated near surface waters or wetlands will be,regularly inspected and maintained to prevent contamination of waters -and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200•(3)(f), and GS 143 Article 21A]. 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: httR://portal ncdenr.ore/web/wq/sM)/ws/401/certsandpermits/apph,/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.ncoali.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 (]-)'copy; along with, any applicable OAH filing fee is received in the OAR during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays): . r 7408 Fast Beach Drive —Oak Island Brunswick County 2015-1206 k The petition maybe faxed to the OAR 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 OAK If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending 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 at919.807.6364 or Jennifer.Burdette@ncdenr.uov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Cobumnnedenr.aov. Sincerely, Jim Gre�s6 -, Re i6nal Supervisor Water Quiii gional 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, Wilnngton, NC 28412 Liz Hair - USACE Wilmington Regulatory Field Office Jennifer Burdette — DWR 401 Unit, Raleigh i. ,I Environmental Quality November 10. 2015 PAT MCCRORY Govemm DONALD R. VAN DER VAART Secretary MEMORANDUM: E C E B V E �: (� �tij Georgette Scott NOV 1 2 2015 �(I Stormwater Section �ll DEMLR - WiRO BY' FRQM: Heather Coats, Assistant Major Permits Coordinator /// NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats@ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA I Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7408 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 -�r- when appropriate, in-depth comments with supporting data is requested. �b S ok . t REPLY: _• This agency has no objection to the project as proposed. u, t 17 This agency has no comment on the proposed project. t! ��n�i t` e / a This agency approves of the project only if the recommended changesy�`�(-5' are incorporated. See attached. or�,4 to� This agency objects to the project for reasons described in the attached comments. SIGNED DATE i(( !JJ Nothing Compares_ RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental polity 1601 Mail Serwe Center I Na"K North Carolina 27699-1601 919-707-86W Nov 2 0 2015 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Environmental Quality November 10, 2015 RECEi'1ir MEMORANDUM: NOV 16 2C 1 TO: Tim Walton i Dept of Administration STATE F State Property Office OFFAL FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(a)ncdenr.00v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA I Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7408 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. _S,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 27699-7601 919-707-8600 Environmental Quality MEMORANDUM TO . G 90ii� SUBJECT Applicant: Project Location: 19 t1pV 17 iEttS November 10, 2015 PAT MCCRORY Gomm VAN DER YAART seat+►RA t5?,s-21;2$ Renee Gledhill -Early Dept. of Cultural Resources Archives & History jcs* i a Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext , Wilmington. NC 28405 heather-coats(a)-nccienr.gov Fax 395-3964 (Courier04-16-33) CAMA I Dredge & Fill Application Review 1b, ctixit; Ken Kiser 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. _ '�r,� 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. ,-i SIGNED ��((�� DATE -'>"Nothing Compares-7 , RECEIVED DCM WILMINGTON, NC DEC 0 12015 sbao,Nonhcc CAAO I EM)wmMmouaky IWI MadSmmmC~; P.&Wp,NmhCerofina 77694,Q01 y i 9,9-707-a," I4z, Environmental Quality MEMORANDUM: November 10, 2015 Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Governor DONALD R. VAN DER VAART severory FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(a),ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7408 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, �'�--/>'i!1,,...,.V.: DATE 1l J;G'j /�/cat !' .I ':✓ <-% Fi�ECEIVED [)CM WILMINGTON, NC Nothing Compares Nov 3 o 2015 State of North Carolina I Environmental Quality 1601 Mail Service Center i Raleigh North Carolina 27699-1601 aro. inr. aaro t+L Environmental Quality November 10, 2015 MEMORANDUM: TO: Anthony Law NC DOT Brunswick County 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(a)ncdenr.00v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7408 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 retum 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: 11 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 comments. SIGNED DATE Nothing Compares reasons described in the attached ii/24 /i 1�- 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 3 0 2015 do Environmental Quality November 10, 2015 MEMORANDUM: TO: Donna Coleman LPO Oak Island PAT MCCRORY Governor DONALD R. VAN DER WART Secretary FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(cbncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Kett Kiser Project Location: 7408 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/�%i•t fp j' DATE ;CSC! RECEIVED DCM WILMINGTON, NC Nothing Compares;.._ NOV 1 7 2015 State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1661 919-707-8600 PAT MCCRORY covemor DONALD R. VAN DER VAART Seaetary Environmental Quality November 10, 2015 MEMORANDUM: TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsfaDncdenr.aov - ---------- Fax: 395-3964 (Courier 04-1 &33), SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7408 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. ) OL This agency has no comment on the proposed project. S This agency approves of the project only if the recommended changes are incnmorated See attached. This agency objects to the project for reasons described iN tthat" comments. DCM WILMINGTON, NC DATE ri&olirs NOV 3 0 2015 -�' Nothing Compares" RECEIVED NOV 16 2015 State of North Carolina I Envlronmentalduality 1601 Mail Servloe Cmter I Iiakigh, North Carolina 27699-1601 919-707-8600 0CN1- IMHD C'9TY 0 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Environmental Quality November 10, 2015 MEMORANDUM: L5 @ 0 TO: Heidi Cox I Environmental Engineer D not 1 2 2Q15 fv�sfon ofW Public Water Supply W'RO-PublicWa ers pce FROM: Heather Coats, Assistant Major Permits Coordinator ply NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(a�ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7408 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 fonn 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: —4— 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 "k,", C', — DATEI1 ZI (Zl ( ) RECEIVED DCM WILMINGTON, NC Nothing Compares.` NOV 1. 6 2015 State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919 - 707 -8600 MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination — Ken Kiser— Oak Islan , 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 (AEC'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 HZI- RECEIVE? DCM WILMINGTON, NC JAN 0 7 2016 t1- DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ken Kiser 2. LOCATION OF PROJECT SITE: Project site is located at 7408 East Beach Drive (Lot 22), 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: 2276046 Y: 58234 Rover File: Not taken Lat: 33154'23.41"N Long: 78° 5'25.18"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 11/2/15 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 Planned - N/A (F) Type of Structures: Existing — Vacant lot Planned - Single-family residence and pool. (G) Estimated Fate of Erosion: 2 ft./yr. Source - LTAASCR 2011 Update 7. HABITAT DESCRIPTION: DREDGED [AREA] FILLED OTHER (A) Vegetated Wetlands 3,232 sq. ft. §404 wetlands (B) Non -Vegetated Wetlands Other— High ground 5,768 sq. ft. (D) Total Area Disturbed: 9,000 sq. ft. (0.21 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a single-family residence and pool with associated wetland fill. RECEIVED NOV 16 2015 DC%I- R!,HC CVTY Ken Kiser- 7408 East Beach Drive Page Two 9. PROJECT The project site is located at 7408 East Beach (Lot 22) 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 second 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 4,248 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 320 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 100-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 14 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 2,924 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 3,232 square feet of §404 wetlands on the lot. The applicant proposes to make a payment to the Lower Capes C E N E D NOV 16 2015 2 Ken Kiser- 7408 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 3,232 square feet of §404 wetlands and approximately 5,768 square feet of high ground disturbance and fill. According to the applicant the residence would result in 2,850 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 RECEIVED NOV 16 2015 DCh1- WHC Ci3Y Southern Environmental Group, Inc- 5 513 rjouth College Road, Suite F - Wilmington, NC 28+12 hone: 910.+32.271 I • Fax 910A32.2899 • 11m it omce@segi.us 30 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 22 - 7408 East Beach Drive CAMA Major Permit Application for Upland Development and Fill Dear Tara, [SEGi Project #: 15-072.03] 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 7408 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 250BLO2020 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 and the form has been attached as an appendix to the application. 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 2,850 square feet or 38% 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 3,232 square feet (0.074 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 Lowefyar Umbrella Mitigation Bank (LCFUMB) at a 2:1 mitigation to impact ratio. FR F-C nN NC RECEIVE;;) NOV 16 2015 DCM ULMINGT.. 0CT 3 0 2015 DCM- M H C C s m' IrL Lot 22 - 7+08 East Beach Drive LAMA Major Permit sr-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 2. 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 I — CAMA Major Application with Associated Appendices Attachment 2 — $400 Filing Fee RECEINED NOV 16 2015 DCh1- IVHC CITY RECEIVED DCM WILMINGTON, NC 0 C T 3 0 2015 Nonhwect l�M�rreyvNle K Sandy Gcei +,',�' Cepefeer Wrightshoro � - BSYahore 1 �J _ Kirge Grant Zl:elentl huesse i vs � ® ,�o + 69 Darlington Ave , a � WI rn SIN 91 AON 7 " a QID W • w Solver Lake T Mfsonboro q SS'nln -= 41.5 miles q 51 min Sea 3SOmlles _ . Bee er caroWle kea ure �a ,+e 'Oak Ielnnr r 7404 E Beac v r ` - Ge U z Z C) ON W Z o U M W CD U FM1 �4 � ?7 L COMq coh or fa .Fq a bpWfl 3� me.ay d.nn Yw'wnW U $ WQ Ih Or }" 5P � 4 3 5 3 -r' � 93 N1rperP W08 6�.Yma FYTelun O VBaOle9(HI.ry a ' 'eeanan a �, eem ee.:e en.n. na - 1 Eeudl £ P M 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 Gavemar 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 acct # 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 ZeS*rely, n K. Simpson Permit & Customer Suppo Division of Coastal Management Nothing Compares RECE;VEO NOV 16 2015 DCM- MHO CITY State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699�1601 919-707-9500 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 fUl 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. RECEIVED NOV 16 2015 ACM- MHL CITY Environmental Quality November 9, 2015 Southern Environmental Group, Inc. do Dana Lutheran 5315 South College Road, Suite E Wilmington, NC 28412 Dear Ms. Lutheran: PAT MCCRORY Co FKr DONALD R. VAN DER VAART Secrelory 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 7408 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. NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, RECEIVED Tara MacPherson NOV 16 2015 Field Specialist cc: Heather Coats, DCM Tyler Crumbley, COE DC M- L.HP Ci f Y Debra Wilson, DCM Donna Coleman, LPO, Oak Island -'Nothing Compares�.� State of North Carolina I Emironn ental Quality 1601 Mail Service Center I Raleigh, North Carolina:7699-1601 919-707-8600 0 n NOTI(/11 CAMA 111 PERMIT APPLIE n UPROJECTAnolicantp0se: Islamic ,, 10"i unrv. single-family MMMENTS ACCEPTED THROUGH _ December 4, 2015 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Ken Kiser NC Div. of Coastal Management 137 NE 37" Street 127 Cardinal Dr. Ext. Oak 'sland, NC 28465 Wilmington. NC 28405 Zara Macpherson Field Specialist Agent: Dana Lutheran, SEGI, Inc (910) 452-2711 910-796-7425 AGENT AUTHORUATION FORM PROPERTY LEGAL DESCRIPTION: L-2I through 24 B-8B DEBORAH CLAY PLAT M/103 LOT NO. —PLAN NO. PARCEL LD. 25CBL02019. 250BL02020, 250BLO2021 250Bk.02022 STREET ADDRESS:._ F,Bh lhise Property Over (pleam print): Logo cb I ILC, Longbeach '_ LL.C. Loogheach 3 LLC, Lnomeh 4 LLC The uodersigned; registered property owner of the above noted proportN does hereby authorvc Southern Environmcatal Group, Inc. (SEGI) to an on my behalf in matters regarding areas of environmental cone m, Property Oweer's Address (if different than pmpert- above): 170 St Cmix Aycpyc._ . Cocoa Beach. FL 32931 Telephone: We hereby certify the above information submittedan this appheation is true and acoLrate to the best of our know edge Pr4wrty Own uthorimed Signature SEGi Authorized Signature David Scibetta Pri t Name a Print Name Date Deft RECEIVED RECEIVED DCM WILMINGTON, NC NOV 16 2015 OCT 3 0 2015 DCA- WF!CCiQY ry dotloop is great for i Any edm you make to dcamwnds m donoop siprwtwe ve' 1[ian' • NOTE: Thu uaolOa is rminedsate platy Ill mbdi' properly approsed ad nx the commacnoa of,a sew (Form 114)0-7) or. V the ( Addeadum (Faro 7) accepanct 1. TFRAISANUDE: tnxn. � tjtt(C) 'PtopeW: T _ improvetrew loea acouder iucluding wish Ills offer. Skeet Addrm: 7l cmrey: T.d (.VOTE: Gowc(aa I<gal Da+Cri - Plat Refinance The PBUPm Otheirckogdo Some or all of (d) 7M." S J �S S f ui�gJ ® ►nlsr�tY 4'I' until Shared. No as else can See who you share dalmtenls min. &Do S146aTVR5 "D TAXI 6 sounD56000' _9 Dnt(R ACTIMS. SKAR( TR TO PURUIIASR AND CONTRACT - VACANT LOT/LA" nsuh "Guideloaa' (fain 12G) for guidance in Canpiaing tivs 1w 1 ((/ L A ^ for vamaproved seal property that Buyer will prdmse only for pamnel ate and does not have bound not be and to WI property thin is bang subdivided Imleas the property has been planed. b the register of deals at of the date of the contract If Sella is buya's braider W the sale invNvrs Wily dweUtng prior to closing. ate the standard OBnx to Pmcha and (:cwvr:t—New ConmucuaD m u c,mplwA use the Offer to Purchase aed Contract (Form 2-T) with the New Cowmuvw p and legal sufficiency of which are herby acknowledged. Buyer offrn to purchase and Sella upon ibe luoperty on the teroas and candid. of this OfferTo Prvchne and Conhaa red my adskindurn with nor terms (together The, 'Comact'1. below shall have the respective g diem as sin Teeth adjacent to each St ota t�l C S1 6VI shall iodu& all that seal oleo described below vWthbawh9 Wilrtmmas tbacto mfuding the . NOTE: B the Property win include a rumufad—d (MbLIO Goan'). Buyer and Sallee should iauad (Mobile) lieaw provuwn In the Additional Provisons Addendum (StaoIFW Focal 2A11-1) b)': sehoddidOo4. Wilaics and rail delivery net differ from adithm shown.) Block/Section Be . SWraRaoofCatdonumam )1R110RAR CAT as shown m Plat BooklSUde as at Paga(g 103 aof fin Rmenv Ic Baal ll'mt9. )metMd)M1 15t1atm2B21. PSIIItI42nZ2 in Dad Book paid in U& Dollars upon the following trim: BY D(IEDILIGENCE FEE made payable and delivered to Sella by the Effective Date. BY INMAL EARNEST MONEI' DBPOSTr made pa)abk and ddivrsod to Esaow ' Agent named in Paragraph Ili) by ❑ cash 0 permiud check ❑ official bmk cheek ❑ w•oe drrofer. EMM ❑ vsgb ibis offer OR 0 within five (5) days of the Effective s Doc of this Conran. BY (ADDITIONAL) EARNEST MONEY E*WO-%V'1' made payable and delivated in, Escrow Agent named of Paragraph l(f) by cask or immWismly availabit funds such as otfreial bad cheek or wide transfer m Ina than N/A TIME. REM OF THE FMWCE with agmd in said dart. BY ASSUMPTION of the unpaid principal balance and to obligaicus of Sella on Me erubng km(s) maned by a dmd of nun on the Pfq,vty in accordance with the ntachea Loan Aassmp000 Addendum (Standard Perm 2A6-1`). BY SRI LER FRUNCING in acctrdmcc with the omehed Seller Finaucing Addendum fSlmdud Film'2A3-TI. BALANCE of the PorcMg P= tneub a Sesti®eat (enure or all of which may be paid whet rot proceeds of a mv.#,.Tl.'.. <./ '... live I of 11 S'CA.'NDARD FORM 12-T� NOV 16 2CO R,..d7rbfrt-E I V E D -MINGTON, NC ©C1f7- MHC CITY 0 C T 3 0 2015 20. COMPUTATION OF DA OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, icluding Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating daysi the count o days" shall begin on the day following the day upon which any act or notice as provided in this Contract was requited to be perfoi i nod or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina. THE NORTH CAROLINA ASS IATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS T THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF U DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD ONSULT A NORTH MOLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding lontract on the Effective Date. Unless specifically provided otherwise, Buyers failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller ce rights to terminate the contract as described herein or as otherwise permitted by law. Dale: 7/17/2015�' Buyer /1o,�r"a1�aiy�,Re h t�+llLlarM 13 Date: 7/17/2015 ooas�s,.a t Buyer a ua�� Entity Buyer: (Name of By: Name: Title: Date: Date: w.Onvisae°savw mr tieeo'rO- .oanrw,wona Seller Long Beach 1,2,3,4 LLC Date: Seller Entity Seller. (Name of LLCICorporation/Partnershiprfrust/etc.) By: Name: Title: Date: (THIS SPACE INTENTIONALLY LEFT BLANK] RE'CENEJ NOV 16 2015 DC J- Ik.HC CITY RECEIVED DCM WILMINGTON, NC OCT 3 0 2015 Page 9 of I I os os STANDARD FORM 12-T Revised 7/2015 Buyer initials W� Seller initials ,s 07/2015 uw�-asr�amr`— Pw '�'aVFO^nBd/'l�.�p- faOrORr M P4ad.Fnur,Mtlijwa ID .=L M. Vami land C:lllyx camr�= n CERTIFIED MAIL • RETURN RECEIPT REgI ESTER DIVISION OF COASTAL MANAGEMENT AnJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVFR FORM Name of Property Owner: R.Y - 1-? E-t't 1 i kariwss of Properly; 1 C� f `-f 0 E r 3l+' (Lot rr Si�J , 1-ge! or Ruad. Cityd&} ;Auntyi y �L ? i U�_, Aperit's NaMe g; arl0. Ma llnpAotlress: c�'JC-Cx Apen"sphonek; QIU o` qc s' 161�1 CZ-Z' 15-s - 1fCG ei6, id;,7tik- I hereby SprWy that I own property adjacent to the afio-ve referenced property. The intilvidual applying for thiq Permit has dcaorkb'4 to me e4 **hewn on the iA chcd drawing !hC oovolopmenl they are proposing, Lrii�Ljpjj n, draviala.tv.tti_d rriensions- must be nrsrvided wilLthis letter- _•f I have no objecci4ma to this proposal- I have. obj[+rlirnx in 1hk pmrncal If yrorf halve obfsctions to whaf is being proposed. you must tiotfy the Alnlalon of Coast&) Managomant (OCA4j In wrfflrrp within, 10 days of reesl,pi of fhia noike. Contact information for QCM ofliaes 1q avallable�th_trA:t y.�>g�gssts/rtavneasment.net/weL.+cmistsffliatinsa or by callingi(48&4RCOAST. No response is considered the ssme as no o NeglFnn if you have been notfffed by CeN fled Maft- • _ 77 WAIVER SECTION I understand that a pier Y,, mooring pilings, boat ramp, breakwal r,tma{i^ouse, or lift must be set back a rninimtirn drstanc of 15' from rry area of rime ' csss unless waived by mc. (If you wish to waive the setback, you mu`sriniUsi 7cpnate bl�rk t><?Iaw.J FCEiV ED !�'' n I do wishiu*FitIV 15' setback require t'60 not wish to waive the 15'setbaU requirement M1' -_ NOV 16 2015 [Property ner Information) Sijy77L ore k)1 r Prir7l or Type, Narita Maf+�'ng /,ddresa City�tnecrzip Tslsplrona NumberlEr»aff Address �'Ty (Riparian Property Owner Information) 'A X.NdAV.i4 S�gnAlirP• Print or Type blame _CEiVED `"C';M; WILMNGTON, NC lta rrg Addross 0 C 1 3 0 2015 Crly1zt0to z0 (i3¢•ij v-�'�{ C•_[ �O Tie-_,R,i ii tL:C(.i1LU�t<Y�'tcCt,.v*. Telephone Namber,'! Emst.1 Addfess L�r? Dole _ (h'etnbed Ajg. 'W4 4) 1� LOWER CAPE FEAR UMBRELLA MITIGATION BANK CREDIT REQUEST FORM (February 2013) Print this form, fill in requested information, sign and date, and either mail to: Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) OR email to: coreziosi(61morouo.net c/o Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Attachments are acce table for clarification purposes location rn p of project area is requested) 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, NC 28465 4. Contact Person Dana A. Lutheran Mr. Ken Kiser 5. Telephone Number 910.452.2711 910.524.0633 6. Fax Number NA NA 7. E-Mail Address (optional) dlutheranesegi.us kenkiserpec.IT com PROJECT INFORMATION 8. Project Name 7408 East Beach Drive 9. Project Location (nearest town, city) "ATTACH MAP SHOWING IMPACT LOCATION" Oak Island 10. Lat-Long Coordinates (optional) Lat: 33°54'24" 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 (aa/10 14. Riparian Wetland - - 15. Non -Riparian Wetland 0.07 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 (e.g. USACE Action ID, if known) Not Assigned Not Assigned V L - --'-� --' r IMPORTANT Check (J) below if this request is a : revision to a current acce or acceptance, — p re -submission of an expired acceptance Signature of Applicant or Agent: NOV 16 2015 b �"' .9- tE, H G C iT Date: 8 October 2015 Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page: http://cfoub.epa.gov/surflocate/index.cfm RECEIVED Note 2: Please contact Christian Preziosi (LMG, Inc.) with questions at (910) 452-"l or coreziosiglmarouo.net DCM WILMINGTON, NC 0 C T 3 0 2015 N" jouthcm Environmental Group, Ine. siS 1 s Sid. Gou�e.4 � �' V1�+:ngso. � i}tt i 910,"i.i7t4 . f. 910:+3i.ia99 • rP A.&* 14 September 2015 Electronic Mail Town of Oak Island Attn: Ms. Donna Coleman 4601 E. Oak Island Drive Oak Island, NC 28465 Re: CAMA Major Permit for Upland Development Adjacent Property Owners Notification Lots 21 through 24 East Beach Drive, Oak Island, Brunswick County, North Carolina 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 250BL02019 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 dlutheranA,sera.us. If email is not possible, please rail to my attention, at 5315 South College Road, Suite E, in Wihnington, 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. R r_ C E IN E J Sincerely, NOV 16 2015 I)c;�I- WAC CITY T Y Dana A. Lutheran SEGi Project Manager Enclosures (4 — 1 CAMA Permit Application packet for each lot) —c--1VED XIA WILMINGTON, NC 0 C T 3 0 2015 tir � a ilk I lllllililllll 83724 PO998 '4 313015 45502002 RO r7Op lW O U 01un•ulck Caunty. NC Reols-t-la-r of Deeds uaae 1 of 3ac ❑❑ Piesenterai v Y- t- R-t: Tota 0 R.v tt.__ c7_� _�acu d,d.IMl"V&4wn ;:a Brenda N. Clem.ns Realster Of Do." "'I'il J y 12-31-2015 14:55: 02.002 Srw•alok Coynty �+60 0� wM omtailre ei �wrye n0� • NC REVENUE STRW: $230.00 pd 5° l�l1u° I 1.- .rrwxw p,ma taaaa --9. NORTH CAROUNA GENERAL WARRANTY DEED NO OPMON ON TITLE RENDERED Thin property is not the primary resideihe Grantor �Qo0 This instrument prepared Prrdt ` a, PLLrr licensed North Carolina attorneys Delinquent taxes, if any, to be paid by the closing attorney to the llrunswlck County Tax Collector upon disbursement of closing proceeds. Excise Tax: _1�30,70 Parcel ID: 250BLO2020 Brief Description For The Index: �4 kTpMJ�jn% 8�beborah coy Subdivision THIS DEED made this( day of OWL4&Q2015 by and between, ;tf;YcY CIT:7 Long Beach 2, LLC - A Florida L4tpm41ted4#f41ty Company By Clyde er , its owner, By K G - it General Partner 170 St. Croix Ave. Cocoa Beach, FL 32931 GRANTEE William Kenneth Kiser and wife Juanita Kiser 137 NE 37u' Strg 5@ t pQp 0 0 The designation Grantor and Grantee as used herein shall include sad parries, their heirs, successors, and assigns, and shall include singular, plural, masculhK feminine or neuter as required by context Ptepomd By and Return To: Geddings& Kim PLLC �� 8721 East Oak Word Drive, Oak c L 28465 pod°bpaw pod°bpQ*§@@oW@t RECEIVED DCM WILMINGTON, NC JAN 0 5 2016 hod on. �Ilk IY. ��(�nt.� 83114 P• VMNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby aclmowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee s' 1 that certain lot or parcel of land situated in Smithvv le Towns jp #51oty, North Carolina and more particularly described ob LOT NUMBER TWENTY TWO (22), 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 the afon�IIof land and all privileges and appurtenances therm � tee 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 ta�ie property hereinabove described is subject to the follow�ex o Gl>' 1- Ad valorem trig 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 descriperty was inadvertently omitted in the winding up a�n on of this deed to convey the property �}��q¢ I of the winding up of its affairs and to correct the er& n the chain of title created by the recording of a deed recorded in Book 2876 at Page 1253 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. T@ 0d obTan§@o o�@fig Prepared By and Return To: Geddwgs & xleva PI.I.0 8721 East Oak Island Drive, O gWaod ?7aa 29465 p o fP0°ob�aW TotONTa*§6oaW@� M Southern Environmental Group, Inc. D15 %.1h C.&p R.J. Suae E. Wdmmg,oq NC mix 91Ud50.A l - Fm 910.45Z28W . w ."pus ADJACENT PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Mr. Ken Kiser's (herein referred to as the "A_r+nhcant") 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 the above locations, and I have no objections to the proposals. Adjacent Property Owner Information Poteat Smith Prooerlies, LLC Mr. Kelly Smith 100 Pearce Drive Jamestown NC 27282 336-240-8540 / Poteatsmithllc(a)outlook tom a Property Owner Information Mr. Ken Kiser 137 NE 37" Street Oak Island. NC 28465 910-524-0633/ (dlutheran a segi us) Dana ut ran SEGi) for Ken Kiser 5 January 2016 (Date) RECEIVED DCM WILMINGTON, NC JAN 0 5 20116 W-6 MAJOR PERMIT FErSULE DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024361000952341 I. Private, non-commercial development that does of involve the filling or excavation of any etlands or open water areas: $250 100% $250 0% $0 il. Public or commercial development that does not involve the filling or excavation of any etlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below ap lies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be lied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 490 (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. 90 see attached cannot be a lied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands ,and/or open water areas: $475 60% $285 40% $190 RECE'lVED NOV 16 2015 DCN1-le.HC C.Ii v DENR CAMA Daily Check Log for WIRO Date Received D ate Deposi fed Check From (Name) Name of Permit Holder Vander Check Number Check amount Permit Number/Comments Receipt or Refund/Reallocated 10/20/2015 Dr. Jeff Morrison . ____-- -_-.__ 10/20/2015 Anbnod Construction Inc _ 10/20/2015 Custom LC Island Homes by Ken Kiser L_ _ _ 10/20/2015 ,Custom Island Homes by Ken Kiser LLC 10/2012015 Custom Island Homes by Ken Kiser LLC same __— __. _— Roger Lewis Ken Kiser Ken Kiser_ _ _ _ _ Ken Kiser First Citizens Bank __. - B of A CresCom Benk CreaCom Bank CresCom Bank _ _ _ 10494 _— 3890 _ _ 3844 3845 3846 $4D0.00 GP 66164D -- 0—____ GP fi4767D Q$200 JD rd. 0303D —— $400 00 $400 fee 7406 E. Beach Dr. OI o PH rct. 1135D 00Imajor $400 00 Br major tee 740E. Beach Dr. OI Br PH rct. 113D $400.00 major fee, 7408 E. Beech Dr. 01 BrCo PH rcl. 1136D IN Jasep" h R. Brochure, PLS / 759, Certify that this plat was drawn under my supery on from ai aqua/ survey bey made under my supervision fr information shown in- - - - - - - - - - - deed books referenced on ma and map books reference . . . . . . . . . . . . . on map; That any tines not RC tu I/y surveyed appear as broken Imes and were plotted fr m Information as noted a on the plat: That the ratio of pre ifon 3s ea/cdlated is " . . _ _ " better than l: l O, 000, that the a ea -as computed by - . - - - - coordinate method. witness my on Lnal sign#tune, rggistration • < , number and seal this the 24day o AUG. A.D. 2015. ep , . . .. . . . . + d Joseph R. Brochure - L- l 759 . . . . . . . . . . Profession/Land Surveyor B.O cone. . . . . . . . Glco /Ld ck senl4 O . . . . . . . . . . 3 FlCJr - AM -AV p KEN'KISER . dWr_0' - - ,7406E BEACH DR. 37=r3W YARD - 101 . . PARCEL #- 250BLO2021. h. .2 . _ _ ,; PLUS . . . . . . . . . . . . . . . . . . . . . e 6 b COV[MEp f ORCt, . B' - REW510N: 9/2eRO15 MOVED LAUDING FORWARD FOR EYTRA LENGTH NfWED FOR HEIGHT OF STAIRS WITH A 2' FREEBOARD PARCEL AREA/ 7,5005F IMPERVIOUS 5URFACE AREA - 2,650 5f 4; d}� 30 SG•� _ 3 8 a jib y TOTAL HEATED 5F = 2.924 (BOTH /tOOR5) - FROP05ED WETLAND5 IMPACT < -.• 3,232 5F/ 0.074'.6 CAL � ' qw - CONC. DRIVEWAY TOTAL WETLANDS - 4,246 5F 6'a04!)pvw A'��L7iVq KfTLAYD5 ins- - - - - - -KEN M R 74 / OE CH R. PAR CE 2508 020 9 LOD — Am* a/iftWww e. o2k eland drnne ATLANTIC OCEAN VICINITYMMAP - NO 5CALE l51and arveyor5, Inc. 427 Wo ft H, St C-1759 Qvk N.C. 1 PHOAV 91 NE916250-9-9/9R92 CE4: 9l6523f122 Kawde�tw 1 cemmercul5rta Ful, Lot A w)� 1 Nod nw Ce tfir oink L&ndx vdy fflf a 1. v Lamm EGM9 - W IRON ROAR POUND IR5 IKON ROD 5Er MNP ti41G NAIL fUUND MN9 MAG NAIL 9Er 9OC A4CK Of CURB KM' RIGN --OF--WAY U CM=UA(E CASE OP PAVMfMT [� GROUNDQ AWN ® CA PEDESTAL m E[LGIW 1 Mr& m 1EIdNONE F=MTAL ® -W wR V&L © WA] hfI ® HVAC MFVMP ® L TrANANK • MN E iRB s LVNLYEiE RECEIVE I DCM WILMINGTO , NC OCT 3 0 2015 CAMA MAJOR AND WETLAND IMPACT MAP RECEIVED FOR KEN K/3fR Nov 16 2015 AT R,QLD3A11awwf 'er 7406 E. BEACH DRIVE , 39 r102M OAK ISLAND, N.C. Pldr7r-aww/%r /T SM/THVIIlE TWSP BRUNSWICK CO. N.C.' ORAaCur LiOsr DATE. 06124/15 SCALE.20' GRAPHIC SCALE tit 41241151 ftw# Lof2 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 as broken hnee and were plotted from Information as noted on the plat: That the ratio of precision as calculated is better than /: l 0, 000, that the area 15 computed by coordinate method. witness my original signature, registration number and seal this the 24day of AUG. A. D. 20 / 5. DETAIL SHEET MAXIMUM HEIGHT CAMA MAJOR AND WETLAND IMPACT MAP Joseph R. Brochure - L- /759 IN yPZONE4/' FOR Professional Land Surveyor KEN KOER AT 7406 E. BEACH DRIVE OAK I5LAND, N.C. 5MITHV/LLE TK15P BRUN5WlCK CO. N.C.' DATE: 04124115 SCALE.- WA REVISED I CY1/20 / 5 RM5/0N 15 TO SHOW THAT PF l9.20 THE POOL AND CONC. CANNOT Col Amp wll Ix dnvn _ too depth of & below popoxd fiN COVERED PORCH 37 IF. 39 1 IZ5 193' l +50 I +60 NOTE: SCALP l5 FOR O TO l +60 HORZ. SCALP l' — 3' VERri— 3' TO 6, VERTICAL l' — 30' HORZ. 9PSECTION'A' NOT TO SCALE is/and 5rveyer5, Inc. JOEY 13ROCHURE L- / 759 427 Womble 5t Oak Island, N.C. 26465 PHONE.-9 / 0-250-9 / 92 CELL: 9 / 0-523-6 / 22 www. is/andsurveyor.com Residential d Commercial 5ite Plan Lot 5urvey5 $ Flood Elev. Certificate email: is/andsurveyors@gmad.com PROPERTY REFERENCE OWNER: KEN KI5ER ADDRE55: 7406 E. BEACH DRIVE LOT 22, BLOCK. BB MB MPG. 103 PARCE& 250BLO2020 FLOOD STATEMENT Firm: 370202-Panel 02075 Prefix 'J' - zoned "VE I r Effective Date: 6102/2006 'Not For Recordation, Conveyances or Sales' JRB 612412015 1 Sheet O 2 of 2 WA Surveyed By: Joey Brochure-PL5- 1759 1 Project 0 z D C M WILMIN"� NC OU 3 01„ RECEIVED CD N0V 16 2015 GCy9-NHCJCITY