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HomeMy WebLinkAbout4-16 Kiser, KenPermit Clpss NEW Permit Number 4-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermtt 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, 7410 E. Beach Drive, Oak Island , as requested in the permittee's application dated 9/14/15 =-I), 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 oe subject to lines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (2), both dated 8/24/15,.and AEC Hazard Notice dated 9/14/15. Upland Development 2) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property, including the single family residence, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910)796-7215 for this determination. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Wav1s, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Ken Kiser Permit No. 4-16 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 shallbe implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 12) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. Ken Kiser Permit No. 4-16 Page 3 of 3 U.S. Army Coras of Engineers Condition 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-2015-02425), 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. 15-1207. 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. Application Processing Notes Applicant Type: (check all that apply) New_-X_ Major Mod_ Permit # Permit Coordinator: Field Date/Time Minor Mod_ Renewal_ Transfer— h0.T• Po ems Sri rlt Kee 741 Message 1/5/16 IiI2-fZ , UQOA-I A -I ?o NonFic/No OtT 1, rU Lr�, t fH l�Vi0�1 � OISGu�SSL� _RWOS 000AM� 'y NI o 4 NO b ftcr. -0 o wn fftT-. Ira DCM MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/LandownerInformation Business Name Project Name (if applicable) NA 7410 East Beach Drive Applicant l: First Name MI Last Name Ken Kiser (see Appendix A- Brunswick County Tax Info) Applicant 2: First Name MI Last Name NA NA If additional applicants, please attach an additional pages) with names listed Mailing Address PO Box City State 137 NE 371° Street Oak Island NC ZIP Country Phone No. FAX No. 28465 US 910 — 524 — 0633 ext NA - - Street Address (ifd({jerentfmm above) City State ZIP NA Email kenkiser(alec.rccoin 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 Last Name -t David A. Syster NOV 16 2G15 state Mailing Address PO Box CiTy 5315 South College Road, Suite E Wilmington N n In-_ tF' C ZIP Phone No. I Phone No. 2 28412 910 - 452 - 2711 ext. ext. FAX No. Contractor # 910.452.2899 NA Street Address(rfdi�rentfrim above) City State ZIP Same Email dutheran@segi.us 3. Project Location State Rd. # County (can be multiple) Street Address !! NC Brunswick 7410 East Beach Drive (see Appendix C - Vicinity Map) �� GO ��' 0A, SR 1104 GI Subdivision Name City State Zip NA GM'�4\VN Oak Island PC % 6 28465 Phone No. Lot No.(s) (f many, attach additional age with list) NA - - ext. 21 , 1 , , a In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. page 1 0 WL Natural Atlantic Ocean e. Is proposed work within city limits or planningjurisdiction? f. If applicable, list the planningjurisdiction or city limit the proposed work falls Yes No within. Oak Island 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 NH W (normal high water) or N WL (normal NA I I I water level) (/f many lot sizes, please attach additional page with a list) — 6' above NHW (see Appendix D — Site Plan) e. Vegetation on tract Juniperus virginians (Cedar, eastern red) and Morelia 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 of the subject property and those adjacent to it. h. How does local government cane the tract? i. Is the proposed project consistent with the applicable caning? (Attach zoning compliance cenificate, if applicable) OI-R-7 (see Appendix A) Yes 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. I. Is the proposed project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No in. (i) Are there wetlands on the site? Yes No (ii) Are there coastal wetlands on the site? Yes No (iii) If yes to either (i) or (ii) above, has a delineation been conducted (Attach documentation, if available)? ye No SEGi met with Kyle Dahl, of the USACE, on 8/28/15, at the site for a wetland line verification. The line, as depicted on the attached site plan, is the approved line. A JD had not been issued at the time this application was being prepared. n. Describe existing wastewater treatment facilities. Wastewater is treated by the Town of Oak Island. o. Describe existing drinking water supply source. Drinking water is supplied by the Town of Oak Island. 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. 5. 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? VED EC E I f New work f. What is the approximate total disturbed land area resulting from the proposed project? Nov 16 T5 9000 sq. V E D VTY DCM WILMINGTON, NC t 21 pag 2";f3," -- - 0 C T 3 0 2015 2 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 thestateand the Applicant is not proposing to discharge into waters of the state. i. Will wastewater or stormwater be discharged into a wetland? Yes CND If yes, will this discharged water be of the same salinity as the receiving water? Yes No j. Is there any mitigation proposed? Yes N 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 0.065 acre of Pocosin wetland. 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application Please consult the application instruction booklet on how to 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 most 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 Appendix F Name: Address: Name: Address: g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. There is neither state nor federal permits issued for work on the subject properly. h. Signed consultant or agent authorization forth, if applicable. (see Appendix B) i. Welland delineation, if necessary (See Section 4(m)(iii)) j. Asigned AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) (See Appendix H) It. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A I-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 Enviromnental Policy Act. (NA) Z Certification 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 grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of theZroject. I further certify that the information provided in this application is truthful to the best of my knowledge. C` Fr, .C� iV.m. Date NOV 16 2G15 Please indicate application attachments pertaining to your proposed project. re DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development C C' f H C 1 t 1( DCM N9 4 Structures Information DCM MP-5 Bridges and Culverts RECEIVED DCM WILMINGTON, NC OCT 3 0 2015 of 21 page 3 of 3 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) of - 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 No NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. NA. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 37%ISA ZI'IIDZ SF j. Describe proposed method of sewage disposal. Sewage disposal is through the Town of Oak Island. 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? 4-16-1981 Date 30 October 2015 Project Name Lot 21 — 7410 East Beach Drive Applicant Name Mr. Ken Kiser Applicant Signature Dana Lutheran for Ken Kiser d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 9,000 square feet f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Tvoical residential construction materials will be used to build the dwelling, the driveway and sidewalk will be constructed of concrete and/or mad. The Dool apron will be concrete or similar material h. 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 rough the Town of Oak Island. (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local a roval? Yes No NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? Yes No NA If yes, attach appropriate documentation. n. (i) Will water be impounded? Yes No (ii) If yes, how many acres? NA. p. If proposed development is a s �lslqqr+, y�'/I ational utilities be installed for this uplan 46pYPl I fir Yes No NA DCM WILMiNGTON, NC 00 I I' NOV 16 2015 252-808-28082 :: 1-888-4RCOAST :: www.riccoastalmanagement.net revised: 1226 06 AEC HAZARD NOTICE Project Is in An: ✓ Ocean Erodible Area _ High Hazard Flood Area Inlet Hazard Area Property Owner:_ Rr. IjelI 14f&or Property Address: _ _ 14 10 ra aeacb , on k [S `Qr-ol Date Lot Was Platted: &0/51 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 anABC Hazard Notice and acknowledge that notice in writing before a pennit 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 snuctore(s) most 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._ feet 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 3QG7 landward in a major storm. The flood waters in a major storm are predicted to be about U -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 applicantmust acknowledge this informationand requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. - 9-14-15 plicant Signature Date SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued far 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, Ifthe property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project most be made within 60 days of this setback determination, or the setback must be remeasured, Also, the occurrence of a major shoreline change as the result of a storm within the 60-4ayperiod will necessitate remeasurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, iffoundationpilings 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, confact, I�,-�:- Yrac-�lersrn Local Permit Officer 1 ;Z-1 Cats i on I DeiV C- 1=A. Address lGdmir2{9n, 1Xc- a$4aez- Locality Phone Number NOV 16 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC OCT 3 0 2015 Revised 2/07 DCM Coordinator: 4 . CCA-rS MAILING DISTRIBUTION SHEET Agents: (S� i Dim k I�JSLf 4 DCM Field Offices Elizabeth City Morehead City Washington r�� US ACOE Offices: Washington: Wilmington: Cultural Resources: Permit #• 4-1 la (with revised work plan drawings) Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbley enee Gle~c - E�r y Public Water Supply: ia3teM iam� Joey White (WARD) DCM/ Shane Staples Fisheries Specialist regg o NC DOT: I 9N 11�L e�cS DMF/ Patti Fowler Shellfish Sanitation: on3e State Property: rm W Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 obuin - 40 DEMLR Washington: Scott Vinson-Stormwater. . Wilmington: Crrgette colt- Storm tear Wildlife Resources: is 7i m LPO: 1 i�wN Owl St A��— STC BOWS Fax Distribution: Permitee Agent #:- PAT MCCRORY t,a Coastal Management ENVIRONMENTAL QUALITY January 7, 2016 Ken Kiser 137 NE 37" Street Oak Island, N.C. 28465 Dear Sir or Madam: Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure � erely, v 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: 7410 East Beach Rd SFR wTill 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: VM✓ Tw— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 11-13-15 ✓ ADJ. RIP. PROP NOTICES REC'D: 1 I I APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 1 I rl I I lP MAIL OUT DATE:11-10-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 lk "5W END OF NOTICE DATE: 12-4-15 / DEED REC'D: ON:a It 61 I, 150 DAY DEADLINE: STATE DUE DATE: 12-4-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance I I/Ibrl S ✓ Land Quality Section (DEMLR) II I�/IS ✓ Division of Water Resources (401) iZ/�8>ti ✓ i�V ,04's I ZU7 Storm Water Management (DEMLR) 2a 1 S SW ,wu,l- State Property Office j al �$ ✓ Division of Archives & History I'Z�l� I S ✓ Division of Environmental Health Division of Highways I Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM It��S ✓ �, Corps of Engineers M 4— Recommendations for State Permit- Ken Kiser -7410 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. hi 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.). 7. All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 100- year flood level elevation. 8. All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. R2-CErVEJ NOV 16 2015 Mz- 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. FECENED NOV 16 2015 CC"A- [�, �Hr- CITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 10, 2015 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsan-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7410 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED "A Um MINGTON, NC Nothing Compares, I'" ! - !• 15 State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 Environmental Quality November 10, 2015 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary MEMORANDUM: %.* � I TO: Dan Sams NOV 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@ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7410 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 ` -'4Y I DATE /40V 1Z 7,015 RECEIVED DCM WILMINGTON, NC Nothing Compares- NOV 16 2015 State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-86W 41rr PAT MCCRORY Governor DONALD R. VAN DER VAART secretary Environmental Quality November 10, 2015 RECEIVED/NCDENROR MEMORANDUM: NOV 1.1 2015 TO: Chad Coburn 401 Wetlands Water OualityRegional DWR - WiRO Operations section Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(cDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: Applicant: Project Location: CAMA / Dredge & Fill Application Review Ken Kiser 7410 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 / `'(dl (ter L Ltit f /)_b71/S_ CCc- � 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. 1, j]1 61s RECEIVED DCM WILMIINGTON, NC State of North Carolina I Environmental Quality 1601 Mail Semoe Center I Raleigh, North Carolina 27699-1601 919-707-8600 DEC 18 2015 Water Resources ENVIRONMENTAL QUALITY December 17, 2015 Mr. Ken Kiser 137 Northeast 370 Street Oak Island NC 28465 Subject Property: 7410 East Beach Drive dz PAT MCCRORY f r: •+: nvr DONALD R. VAN DER VAART S. JAY ZIMMERMAN Brunswick County DWR Project: 15-1207 i 41t'tLL" 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 0.065 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 38W). 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: littp://Dortal.ncdent.org/web/,A,4smVws/401/certsanduen ts. 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 ISO linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new RECEIVEb DCM WILMINGTON, NC State of North Carolina l Envirorunental Quality l Water Resources DEC 2 9 2015 1611 Mad service Center I Raleigh, North Carolina 27699-1611 919 707 9000 7410 East Beach Drive— Oak Island Brunswick County 2015-1207 application package with the appropriate fee. If the property is sold, the new owner must be given. a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their. name {15A NCAC 02H .0501 and .0502). 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. [I5A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 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)] 7410,Ei st Beach Drive— Oak Island Brunswick Copnty 2015-1207 p 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 D WR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://portal nedenr oraJweb/vvq/swu/ws/401 /certsandpemiits/apy)lIN,/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 knower as OAH). A petition form may be obtained from the OAH at httn://www.ncoah.coin/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable, OAH filing fee is received in the OAH during normal office hours (Monday through, , Friday between 8:00 am and 5:00 pm, excluding official state holidays). 7410 East Beach Drive —Oak Island Brunswick County 2015-1207 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jelmifer.Btirdettena ncdenr.gov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Coburn t.ncdenr.aov. Sincerely, Jim Gregson, R pervisor Water Qualitigional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3890 cc: Dana Lutheran — Southern Environmental Group, Inc., 5315 South College Road, Suite E, Wilmington, NC 28412 Liz Hair - USACE Wilmington Regulatory Field Office Jennifer Burdette — D WR 401 Unit, Raleigh _WiRQ� 4*1 Vim;' vtu Environmental Quality MEMORANDUM:, -F6. FjQOM: SUBJECT: Applicant: Project Location Proposed Project: November 10, 2015 Georgette Scott Stormwater Section DEMLR - WiRO PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary EeFivi=— NOV 12 2015 BY: — Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(o)ncdenrgov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review Ken Kiser 7410 East Beach Dr, adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. 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. h j Lot Dig ✓fihis agency approves of the project only if the recommended changes q Sr r vra� Ja� are incorporated. See attached. or W,-5, This agency objects to the project for reasons described in the attached commends... SIGNED 1� c DATE h RECEIVED Nothing Compares.` DCM WILMINGTON, NC State of North Carolina I Environmental Quality NOV 2 0 2015 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 2 Environmental Quality MEMORANDUM: TO: November 10, 2015 Tim Walton Dept of Administration State Property Office PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary REeEj%,;' NOV 16 STATEt OFFICE FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(o)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7410 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ��— RECEIVED Nothing Compares DCM WILMINGTON, NC State of North Carolina I Environmental Quality DEC 0 9 2015 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 it" Environmental Quality MEMORANDUM iaL November 10, 2015 NOV i?2015 PAT MCCRORY Gowf7w R. VAN DER VAART r TO Renee Gledhill -Early Dept. of Cultural Resources ' �y Q- r5 Archives & History II" Z FROM. Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather.coatsCc_ncdenr9_0V Fax:395-3964 (Courier04-t&33) SUBJECT CAMA / Dredge & Fill Application Review13= Applicant: Ken Kiser Project Location: 7410 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 farm 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. K_ 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 DCM WILMINGTON, NC -"Nothing Compares"� DEC 0 12015 Stm of Nalh CmAma j Envsor tw 0,10ty NOVi p I/ 1601 Mal Savkt C~ j R*Agh. Narth CAMOm 276W 1601 NOV �S a 205 919-707-am Environmental Quality MEMORANDUM: TO: November 10, 2015 Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Covemor DONALD R. VAN DER VAART Secretary FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(Dncdenr..qov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA I Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7410 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family residence and pool with associated wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 4, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE I 1. (n �f 'Q RECEIVED DCM WILMINGTON, NC Nothing Compares.` State of North Carolina I Environmental QualityNOV 1 8 2015 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-86M PAT MCCRORY C1. Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 10, 2015 , 7,41T,Rf1II uj TO: Anthony Law NC DOT Brunswick County 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 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7410 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 G DATE RECEIVED DCM WILMINGTON, NC Nothing Compares NOV 3 0 2015 State of North Carolina I Environmental duality 1601 Mail Service Center I Raleigh, North Carolina 77699-1601 919-707-8600 Environmental Quality MEMORANDUM: TO Donna Coleman LPO Oak Island November 10, 2015 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsOO)-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA I Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7410 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: _yam 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. DATE � SIGNED r�� ��F z�1S RECEIVED Nothing Compares DCMWILMINGCN, NC State of North Carolina ( Environmental Quality a 0 V 1 72015 TO 1601 Mail Servke Center I Raleigh, North Carolina 27699­1601 919-707-MW PAT MCCRORY Gm or DONALD R. VAN DER VAART Seewary 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. coats@ncdenr.gov Fax:395-3964 (Courier0446-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Ken Kiser Project Location: 7410 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 C retum this form to Heather oats 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. _ K This agency has no comment on the proposed project. SIGNED 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. RECEIVED DCM WILMINGTON, NC DATE �f 13n�iS 140V 3 0 2015 Nothing Compares; .` State of North Carolina I Emmironmental Quality 1601 Mad Service Center I Raleigh, North Carolina 27699-1601 919-707-86M NOV 16 2015 DCNA- MHD MY 0-c- PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 10, 2015 MEMORANDUM: TO: Heidi Cox 10111f1 NOV 12 2015Environmental D Public Water Supply Engineer Division OfWaterResour Public Water Supply FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatscDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA I Dredge & Fill Application Review Applicant: Kell Kiser Project Location: 7410 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` j DATE ill DCM WILMINGTON, NC Nothing Compares-NOV 16 2015 State of North Carolina I Environmental Quality 1601 Mail Servioe Center I Rakigh, North Carolina 27699-1601 919-707-8600 MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination — Ken Kiser— Oak Islan krunswick County Date: January 7, 2016 Consistency Determination: The projects are consistent with the Town of Oak Island Land Use Plan Update. The applicant proposes to construct a single-family residence(s) and pool with associated 404 wetland fill. The project(s) are located at 7404, 7406, 7408 and 7410 East Beach Drive in Oak Island. I have reviewed the proposals for consistency with the Town of Oak Island CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Developed. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern (AFC's) are OH-OEA. Oak Island allows development in Developed classified AECs, which is consistent with the State's minimum use standards. The Oak island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to these projects. The projects are consistent with the Town of Oak Island Land Use Plan Update. Cc: FILE DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ken Kiser 2. LOCATION OF PROJECT SITE: Project site is located at 7410 East Beach Drive (Lot 21), in Oak Island, Brunswick County. Photo Index- 2006: 8-6168 K-17 2000: 8-75 L-16 1998: 5-95 O-P-14 State Plane Coordinates - X: 2276102 Y: 58222 Rover File: Not taken Lat: 33054'23.21"N Long: 78° 5'24.72"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 Rate of Erosion: 2 ft./yr. Source - LTAASCR 2011 Update RECEIVE) NOV 16 2015 F- - 1 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 2,834 sq. ft. §404 wetlands (B) Non -Vegetated Wetlands Other — High ground 6,166 sq. ft. (D) Total Area Disturbed: 9,000 sq. ft. (0.21 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No S. PROJECT SUMMARY: The applicant proposes to construct a single-family residence and pool with associated wetland fill. I Ken Kiser- 7410 East Beach Drive Page Two 9. PROJECT DESCRIPTION The project site is located at 7410 East Beach (Lot 21) 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 first 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 (Morelia cerifera) and Yaupon (Ilex vomitoria). The site plan shows §404 wetlands with an area of 3,675 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 330 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(a)(6). 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 2,762 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 2,834 square feet of § wetlands on the lot. The applicant proposes to make a payment to the Lower Cape Feat NOV 16 2015 0 Ken Kiser- 7410 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 2,834 square feet of §404 wetlands and approximately 6,166 square feet of high ground disturbance and fill. According to the applicant the residence would result in 2,762 square feet of built -upon area. The proposed development would be located within the Ocean Erodible AEC landward of the applicable development setback. Submitted by: Tara MacPherson Date: November 9, 2015 Office: Wilmington R'CEiVEU NOV 16 2015 CCM- MH© CITY Ir4l 5out6cm F nvironmental 3roup, Inc. 5511 .south College Roacl,5uite E. • Wilmington, NC 18412 Phone: 910.452.271 1 • Faz:910.+Ji2.2899 • 1=mail: office®eegima 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 21- 7410 East Beach Drive CAMA Major Permit Application for Upland Development and Fill Dear Tara, [SEGi Project #: 15-072.01] 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 7410 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 250BLO2019 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 2,762 square feet or 37% 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. hi order to facilitate the construction of the dwelling and access drive, approximately 2,834 square feet (0.065 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. eo NNG In order to offset wetland impacts, the Applicant proposes to make payment toc�L�o Q Fear Umbrella Mitigation Bank (LCFUMB) at a 2:1 mitigation to jtgpacyraji©'� �j�J�LM �p15 � _ � �D OCj 3 0 NOV 16 2015 C _ 1 V- Lot 21 - 741 o East 5each Drive C-AM; � Major Permit 5F—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 1 - CAMA Major Application with Associated Appendices Attachment 2 - $400 Filing Fee NOV 16 2015 CC%I- MHC CITY RECEIVED DCM WILMINGTON, NC OCT 3 0 2015 It. Nonhe+esr 1� n Murrayville Kk r SarMy Creek Cope Feer Wnghtsboro t3eyshwe KSngs Grenl � Y / anE Naves ae �r�} /J }� 4 6 f az taO 69 Darlington Ave / W1 -inCf� Wr r a 1 ULD 1x E3 1 azt j V Wi e w Lake T M son �sla 1» ! an q 55 min 41.5 rxklea q 51 min 1 r 36 0 rnd s 1zv 51 Jwmea av 19D `' ilt 7404 E Beac r O C U g m W o = ss \ O CV EOM, [OAD, W z O EOekq Wgy,rl • VerwnW U'J 3� • H � =' S � � ^ � F fluehtM1 a O S $ .may EL y F PMe $1 Aj _ - QS .bTa pem.3lipi e&wliLlr4 GVBf1!< 1 Ldery �rl� ipR &IM BNCM1PMMI3e « 5 - s 7404EBue110r � 9 w � Y i i x a x E-73iF{� I RECEIVED DCIU WILMINGTON, NC -JAN 0 7 2016 9 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 Governor DONALD R. VAN DER VAART Secretary Re: Ken Kiser Major Public Notice in Brunswick County at 4 locations : � f-t o 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 Sincerely, Shaun K. Simpson Permit & Customer Support Division of Coastal Management Nothing Compares-71 NOV 16 2015 DCM- W-HU CITY State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 rr� 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 fill 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. Ft CEiV7.) NOV 16 2G15 CUM- fr:`Hr Ci-'`( r>- Environmental Quality November 9, 2015 Southern Environmental Group, Inc. clo Dana Lutheran 5315 South College Road, Suite E Wilmington, NC 28412 Dear Ms. Lutheran: PAT MCCRORY Goverrror DONALD R. VAN DER VAART Secretary The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Ken Kiser, for State approval for development of the subject property located at 7410 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 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. �Sincerely, Tara MacPherson Field Specialist RECEIVED NOV 16 2015 DCM- WHD CITY cc: Heather Coats, DCM Tyler Crumbley, COE Debra Wilson, DCM Donna Coleman, LPO, Oak Island Nothing Comparesf . State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699.1601 919407-8600 1 17,j NoTl-(Ow$ _ m CD AMA PERMIT o APPLIED FOR PROJEC ,�4nnlicant construct inale-family � �—, --, nronoses consa s�_ res Beach nrivn� a dianenf to f� dtl n Ck aan inn k Islam-d runsWICK Loun COMMENTS ACCEPTED T` ROUCFl December 4, 2015 APPLICANT: Ken -Kiser 127 NE 37th Street Agent: Dana Lutheran, SEGI, Inc (910) 452-2711 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr Ex Wilming on, NC 28405 Tara Macpherson, Field Specialist 910-796-7425 5LGi /le) D)aW.\1110l R' 9 kin I [11)i lE 0t7;7u1 PROPERTY LEGAL. DESCRIPTION: L-21 through 24 B-SB DEBORAH CLAY PLAT M1103 LOT NO._PLAN NO._PARCEL I.D. 25CM2019. MBL02020, 250SLA2021 2iaHL02o22 STREET ADDRESS:. ,.�aslBeach_Ikive I'roperh- Owrer (please print): I.ony.bmch t LLC Lorr0+ach2 LLC. Lmgbeach 3 tl.C, LcnSbcwh4 LLC The undersig;ncd; rcgistcrcd pwpert)' owocr of the above toted ptopeft does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on my behalf in (natters regodit arms of environmental concern. Proper(} Owrer'is Address (if different than prriperh' above): t70 & (:wi-'AvcDuc Cocoa Beach, FL 32931 Telephone: We hereby certify the above information submitted -in this application is true and &=rate to the best of our knowledge. T P pert ' Unne uthmrized Signature SEGi Authorized Signature �zi;) .1 . David Scbetta PrifitNammee p Print Nam RECEIVED Date Daps NOV 16 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC OCT 3 0 2015 } CERTIFIED MAIL • RETUlRN RECEIE F3LSU STED DIVISION OF COASTAL MANAGEhltENT An.JACENT RIPARIAN PROPERTY OWNNER hfOTIFICATION1WAIVFR FORM f4 rrae: f Property Owner: .Adc':re.ss of Property, ,(Loi rr . feet A Slice ei or Road, City 8 CAunty) gent'S (Name g: C 1r�LL [ LLY� 1 Gi: CXF i K4a Ilrtp+AddreSS: Apr3nt'sphorie Y C(e tv— Lt:+.�+Y --N .1 , 1 hereby mrki'y that I own property adjacent to the abo-ve referenced prop". The intdluldual dpplying for thin, ve"11 ham dsao6l>� to mta es 9hcmn orm the attoohcd druwinc,Ltha devOlopmeni ttti?y are proposing, ie� g�i�ltt 4? StX irl Zvi 7 (tt 12112[ons must be ArorViAetiW l this fetter. I have no objerLituls to lhic prnpLmal. 1 havc. objmlirm4 la ihig pmlwncAl, ff you have objactions fn what is.berng prauposed; you musf rio&ythe t M*Jon of Coasts f Manageumanf (tDCJtdj fn writfrig within 10 days of ivaa of of this notfce. Contact inlarmafion for ©CM nAicea is avaifabreaihtrtf:fl�3vtV.r> C-4sstsfrtNtd7ai�am nt.�eftweh!cmistaffliatineorbyc0iihp1488.4RCOAST: No response is considered the some as no obieclfon if you have bacln noVfi'ed by Ceolfacr MO. WAIVER UECTION I undersiand thata pTbr; 4cf`, mcofrig pilings, boat ramp, breek+vd9 C,%mai>acrree, or lift must be set back a rriiriimurn &sL* tie- of.-j5' from rry area of tir8ti' cress unless w iu d y mo, (If you wi9h tovmiue the setback, you rnu`sfi»i _hjapffapriate tllark Miaow.) RECEIVED VIA I do wish to 15' setback requirembrvE.- NOV 16 2015 �-y`-ffo not wish to waive the I& setback requitement. z~ �)�CIT rjp[rrperty ner Information) S'tRnatrtre Pratt or ?-ypo Name l3111)[IlLc-514•c,LS�Ytl-1 Mftirrirrg fddress Cit�tat'a?ip ��I� ail • v Tofophons Numbor f Eirraff Address /f'd - Dah? (Riparian Property Owner Information) Pfrnr ar Type Mama WiLMl GI ON, NC rdaNla��Addt�s� OCT 3 b 2015 GfyfStatol�af+ S J r� � y.'i`_y-__`+ �'�,J.' � �` ip7�,.` �`M1i r ?�u-:L. %i^ �r„tJ•, v�.( `>�G:l� � 4^�. TelephoneNomberoZFna;tAddress is Date 0?Pvireu A;jg. W14j Ir 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: coreziosiO.Imarouo.net c/o Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Attachments are acce table for clarification purposes location map 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) dlutheran(a)segi.us kenkiserna.ec.rr.com PROJECT INFORMATION 8. Project Name 7410 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 (8-digit) (See Note 1) 03030005 IMPACT INFORMATION Total Impact (ac.) (e g., 0,13) Amount of Credits Requested (ac./If) 14. Riparian Wetland - - 15. Non -Riparian Wetland 0.07 0.20 16. Coastal Marsh - - 17. Stream Impact: Warm only (it,) (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 IMPORTANT Check (�) below if this request is a : revision to a current acceptance, or re -submission of an expired acceptance Signature of Applicant or Agent: /GEI/�lG NOV) s 2015 Date: 8 October 2015 0C M_ M H D C 1 'Y Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page: RECEIVED hf o://cfpub.epa.aov/surf/locate/index.cfm Note 2: Please contact Christian Preziosi (LMG, Inc.) with questions at (910) 452-0001 or coreziosiO.Imarouo.net DCM WILMINGTON, NC OCT 3 0 2015 0 5odthcm Environmental Group, Inc. 33 r s 5-4 Mdrstm, tsl(� 4+1t 910.+if-27i4 - fmn 910:+3f.fe90 - w".deg.'• 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 III"-%Yi�a�TTiF.1 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 pan of the permitting process and will be reviewed by the USACE and NC Division of Water Resources, to ensure it is in compliance with the Clean Water Act. The following table provides a summary of the proposed impacts to wetlands associated with each lot. Parcel ID Lot Number Address Proposed Wetland Impacts (AC) 250BLO2022 24 7404 East Beach Drive 0.067 250BLO2021 23 7406 East Beach Drive 0.099 250BLO2020 22 7408 East Beach Drive 0.074 250BLO2019 21 7410 East Beach Drive 0.065 To assist you in the decision making process of the proposed construction, attached you will find the Permit Applications and Site Plans for each lot. Once you have had an opportunity to review the information and have determined you have no questions or concerns regarding the project, please sign the enclosed form letters, and return them, via email to dlutheran@dseai.us. If email is not possible, please mail to my attention, at 5315 South College Road, Suite E, in Wilmington, NC 28412. This will help to expedite the CAMA permit process. If you should choose not to respond to this letter, the Division of Coastal Management will assume there is no objection to the proposed activity. For questions regarding the permitting of the proposed activity, please call the North Carolina Division of Coastal Management (Ms. Tara MacPherson) at 910.796.7425 or visit their office at 127 Cardinal Drive Extension, Wilmington, North Carolina. Please feel free to call our office at 910.452.2711, for information regarding Areas of Environmental Concern (AEC) or other environmental issues. Thank you for your time and assistance with this project. Sincerely, Dana A. Lutheran SEGi Project Manager Enclosures (4 — 1 CAMA Permit Application packet for each lot) RECEIVED NOV 16 2015 )CM- MHD CITY RECEIVED DCM WILMINGTON, NC OCT 3 0 2015 ,ate dotloop is great for i Any edits you mike to documents m . tie SM'f douaop 9igngture uerh"u�pfk,t iy NOTF- Thu oaimCt is I i¢anediate plans to solidi, properly approved sad too the cumpracm Of.a new (Fenn WT) of. tf the c .Addea,htm (Faun *A3-7). to 1. TE1 M AND aLiatprc.veEruras consider WEE or all S air S _— ®lug h North SOUNDS GOOD! unrll shared. No one else can see who you share douuments vdth. Ron SIGNATURE ADDTEXI OTHER ACTIONS,.. SHARE ?SR TO PU CIL41 B AND CONTRACT- VACANT LOTMNT) 'mil moult "Guiddhitro" (lotm 120 fa guidance in ComPlering tbis faNml for unrmpro rd real property that Buyer will Pun'hase ody fur Peanut ".And dove awe "are bound not be need to tell psopaty that is being subdivided Oakes the pmpEacy has been plated. t1 the regsav of deed[ as of &a dare of the Contract If Seller ES Buyer's builder and the Zak InvolYO tnily dwelling price to clmidg, ow the standard Offer to Parches: and C®o'act—NCwConstruction on is amrpina use tr Offer to Pumbase and Contaa (Form 2-TJ with the New CORStTIa O= in and ester wffitieaey of which art hereby acknowledged. Buyer offers to purchase and Seller upon the Ptept rty on the usms And conditions of dui Oftu To Purchase and Conran and any addendend with its terms (together The'Cor aact'). below shall have the respective them as set forda agjlmt m each :tip a ud'� G4c S 1 shall Made all that sal ataa described below toget�rasi$9S appErtenatka thereat imluding the . NOTR: B the Property will inciDde a losnuiactund Itr,obik) bome(s). Buyer and Wier should asured (Mobac) Hoene fr visum in the Addilierad Pnwlainns Atkiwdum (Stat�atd Floral 2AI I-T) over uses. North t±ralim W ilities aed Ersul delivery may d fferLma address shown.) 1pplrA'abla) � ? . Bl«ki5ccikm g8 . SubdivioodC:adoouai® as shown On PedBooklS & Al I numbee of the Property lc x511aLn?dt9. 25nflL02aT0. 250B492n27,_ iasiazss.l2ssazs� pad ur US. Dollars upon the fowwing tmm: BY DVE DRAGENCE ME made payable mid delivered n Seller by the EffacbW Done. BY INMAL EARNEST MONEY DBPOSIT made MAW and delivered to Escrow Agem owned in Paragraph l(n by ❑ cash 0 persona check p Official boric checl ❑ wire eatsfer. IM14FA ❑ with this offer OR O within five (5) days of the Effective Date of this Comsat BY (ADDITIONAL) EARNEST MONEY DPTWn made peyabk and delivered to BKmRv Agent named in Paragraph I(f) by cash or imroediaaly available funds such as official book check or wire traDbfer an laua than N/A BRING OF 7FIE ESSENCE with regard on said date. BY A.S.SUMPMK of the uepaid principal ba raw and all obligations of Seller or, the edstiag loan(i) seemed by a deed of MERE rat the Prgrrty m axmdaOce with the anwhed Lose Aawmpton AddnMlun (Standard Form 2A6.T). BY SELLER FINANCING in aarnnfa a aid, the anaebed Seger Frwsciug AddeacWm (Standard Form 2A5-Y)• BALANCE of the Porchas Pr(m in chub at Seaiarrent (sums Or all of which may he paid with the proceeds of a nave loaf). ECEIVED NOV 16 2015 0- MHD CIl Page I of 11 Un h rANnASRb iC E I V E D _M —r DCMMLMINGTON, NC OCT 3 0 2015 ty— pO� 0�11 `a""Brunavlck county. NC Reoislmr of Baeds oaas 1 of 3 Presenter c� �- m- RM: - �SL-6/_ _ Total Rev 601,;l__ j -a _Cash3_ c..: "N SUOubeart ma Ila, Brenda N. Cle.mons gepleter ei Dwde f�,{�Y�r. nal t2-31-201514:55:02.000 Brl lek Celnty NC 2(� Qp OU^�" Wf,2NSxz!9 wn+gl t•y taffy NC REVENUE STW: $230.00 ( O TOOff. Nl �J (�2�v cair:ol Wi appu¢.1pmL.1 WUU NORTH CAROLINA GENERAL WARRANTY DEED NO OPINION ON TITLE RENDERED This property is not the primary residel"Phe Grantor This instrument prepared' djI dttE4a, PLLC, licensed North Carolina attorneys. Delinquent taxes If any, to y the closing attorney to the Brunswick County Tax Collector upon disbursement ofclosing proceeds Excise Tax: `t' 0oa Brief Description For The 1— Parcel ID: 250BLO2019 Subdivision THIS DEED made this gday of JYddnya� 2015 by and between, GRANTOR Long Beach 1, LLC — A Florida Limite¢�lity Company By Clyde Ke errpr�i9 p, its owner, By Ke gq� s`,c. — it General Partner 170 St. Croix Ave. Cocoa Beach, FL 32931 GRANTEE William Kenneth Kiser and wife Juanita Kiser 137 NE 37a' o R@t a�465 �(o�o The designation Grantor and Grantee as used herein shall intlude saidparties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter w required by mntext. Ptepated By and Relam To: Geddings & Kleva PLLC 8721 East Oak island Dtive, Oak Jglaad-,.N 28465 pod O�JpNlft� TOd JDTUn%@0 °*@t R1=CEIVED DCM WILMINGTON, NC JAN 0 5 20116 a Brunswick �llJJ���� NC Register ' B Brenda PROPhod° Znra WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee siln�plQ # that certain lot or parcel of land situated in Smithville Towns 'tb # d3N ounty, North Carolina and more particularly described d � Vv, . LOT NUMBER TWENTY ONE (21), 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 aforr * �te Itofland and all privileges and appurtenances therep�F&gbly 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 tothe property hereinabove described is subject to the fOo(llo]oowm�gre o on" 1- Ad valorem to for the culrrrreem year; 2- Restrictions, easements and rights -of -way of record. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. p�a�g600�Q� 10,) �( MJ14, K•l (SEAL) ` - Long Beach 1, LlJC By: Clyde Keller Familiy Limited Partnership — its Owner By: Keller Associates, Inc — its General Partner By: Brandy K. Ratley Title: President r�o°°bpa�g6�o�Q� d Prepared By and Return To: Geddings & Kleva PLLC 8721East OIsland Drive, �Oak Island N0% on 28465 pl��llll�llllllllllll Ana P1000 1] 31-2a 15 1a:500. 5:O NJ Op 0� O Brantls N. Clammons PROP 11 Brunsulek County, NC Register of Deeds page 3 of 3 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. ((SSEAL)@� v Long Beach 2, LLC By: Clyde Keller Familiy Limited Partnership — its Owner By: Keller Associates, Inc — its General Partner By: Brandy K. Radey Title: President STATE OF C_ g6Q o ast COUNTY OF o I, a Notary Public in and for the State and County aforesaid certify that the following personally appeared before me this day and being authorized to do so, acknowledged to me that he signed the foregoing document for and in behalf of Long Beach 2, LLC, by Clyde Keller Family Limited Partnership — its Owner by Keller Associates, Inc. —its General Partner for the purpose stated therein and in the capacity indicated and I either have personal knowledge of e i-d}}�� the person or I have seen satisfactory evidence of identity, �by ryp�jBtterl;l'i entification with the person's photograph: @0 �A o 0Uo 1�1 ``^^'' Brandy & Rarley —Prt (Fill in Name and Title of Person Appearing) Date: Der'. /9 2015 (Stamp/Seal) O`OySMITN 419 z .e ?ojAgr d, Jr ' at Pua`to ykoowung6� o W@fib ND 00",110 Prepared By and Reran To: Geddings & Kleva PU C 8721 East Oak Island Ihiv, Oak te1No� a 28465 0W'UnsQO O RECEIVED DCM WILMINGTCN, NC pOdo JAN 0 5 20116 MAJOR PERMIT FEE SCHEDULE M DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 It. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 111. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below ae 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 applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: 1 $475 60% $285 40% $190 NOV 16 2015 DCM- Ii;HD CITY ril DENR CAMA Daily Check Log for WIRO ' Date ec~ Data Deposl td Check From(Name) Name of PennH Holder Vendor amount Parnift Number/Comments Receipt or RefundiRea/located 10120/2015 Dr. Jeff Morrison same First Citizens Bank $400.00 GP 66164D10/20/2015 Ammon Construction Inc Roger Lewis BofA $400.00 GP 64767D $200 JD ML 0303D10/20/2015 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank bCh�kCheck $400,00 major fee, 7404 E. Beach Dr. OI BrCo PH rcL 1134D 1020@015, Custom Island Homes by Ken Kiser LLC Kan Kiser CresCom Bank $400.00 major fee, 7408 E. Beech Or. OI BrOo PH rcG 1135D 10/20Y2015 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank $400.00 major fee, 7408 E. Beach Dr. OI BrCo PH not 1136D10/20f2015 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank $400.00 major fee, 7410 E. Beach Dr. OI BrCo PH rct. 1137D N i r- a Joseph R. rochure, fry S = / 753,' CE-rt/fy thJt tK5 plat - - . - - ' was drawn un or my sepervsion from -an actual survey - - - - - - . - - - N'gGEO made under m syperws/vn from. infgrmat o2 5hgwn /n _ �rC// deed books r rented on maF and map books reference S t� on map; That an lines noEactual(y surveyed appear 3s d Ohs' O broken Imes and ere plotted from informat/ona5 noted • ... . . . on the plat: That be ratlo.of preo5lov as.ca/culated 15 . . . . . . . . . . ti KfTLANDI better than ! : ! 0, .0, that the area 15 computed by coordinate metho witness my orlg/nal signature, registration nP,� number and seal t 5 the 24day bf AUG.' A.D. 20 / 5. . - - - - . 7ne' �. Joseph R. Brochure L- l 759 Professional Land 5u veyor ' ' ' ' . . . ' . ' ' ' ' ' h .0' . . . . . . . . . - - . . . . . . . . . . . . . KEN SER . . . . . . . . . 7408 E- EACH RIVE - - . . . . _ . . _ . _ PARCEL 0 50BL0 020 k . . . . . . . . . . . . �cY 32' . - _ , ----------------- 1U0 1wtofA B' b COWMW FORkIn c REVISION: *24V2015 3' s' MOVE LANDING FORWARD FOR MRA LENTH NEWED FOR HEIGHT OF57AIR5 ' WITH A 2' MEWARD i ,titi � mY PARCEL AREA — 7,500 Sr IMPERVIOUS SURFACE AREA = 2,762 5 50. OR 0.37% `* dry HEATED 5F = 2,924 5F M07H R /� .• � � PROPOSED WEILAND IMPACT ' - - 2.6345Fio.o65AC. - GONG. DRIVEWAY 2` soli CA'eOL�iy9 -TOTAL Wt71ANO5 \ 3,675 SF e. oA a4vad dme A7UWTIC OCFAN VICINITY MAP - NO SCALE nn`tV// - I n� V W �l necAvr-23' v AM -AV 911W1!lLIYAMD- 10' CAMA MAJOR ND WETLAND IMPACT MAP FOR N KI.SER AT 74120 BEACH DRIVE K 15LAND, N.C. 3 THVILLE BWN5W/CK CO. N.C.' DATE:115 SCALE.• l ' = 20' PHIC SCALE n 10 Q ( IN FEET ) I inch = 20 ft. 15/and arveyor5, Inc. JOFYBROCHURP L-1759 427 Wo Ma 9t a k 1,4rld. N.C. 2e4C5 PH0N69)O-25O-9/92 COL: 9/4523-6122 Re„drntW 4 LommernN 5,te PbP Lot 9urwN f Mood zye .. Ce till email: ra'andeu^.eSa'e®9rrud.tan PfOLYD A"Iffl= OINm wW rMPI P ALnIR'.'S 74/0E SAC LOT 21, &= 00 AeAtFa 103 FAOIMWS309UWIV 1Eam -de 0- IRP IRON ROAD POUND R5 IRON ROD B[r MNP MAG NAIL FOUND MN9 MAG NAIL S BOG BACROPCURB RAY RIGHT-OF-WAY OL O5vMVe O@ PA AVP [� GROUNV GROUNOQL✓ATION RON m 6ru m furw m R9GPHON[MDf9ru TnfrH Nf FWMW ® UAL'A` p WATM M[2R ® HVAC MN PUMP ® ; rAN TANK tAI MNC 1 PN � COMM"tE RECEiVE.O DCM WiLMINGT�'�v, tiC ou 3 0 W5 RECEIVED NOV 1 2015 DCM- «r C CfTY REC _. -- NC nwsnomftromms '115I aWir flw ft LY*s W41151 ' *# l of 2 Nz- 1, Joseph R. Brochure, FL5 - l 759, Certify that this plat was drawn under my supervision from an actual survey made under my supervision from information shown in deed books referenced on map and map books reference on map; That any hnes not actually surveyed appear a5 broken hne5 and were plotted from information a5 noted on the plat: That the ratio of precision as calculated rs better than l : l O, 000, that the area is computed by coordinate method. witness my original signature, registration number and seal this the 24 day of AUG. A. D. 2015. Joseph R. Brochure - L- l 759 Professlora/Land Surveyor 2nd fl" RM510N: I CY112015 REV151ON l5 TO SHOW THAT THE POOL AND CONC. CANNOT BE NO MORE THAN 25' FROM THE BACK OF THE HOU5E MAI MUM HEIGHT IN 'VE' ZONE 41 ' COVERED PORCH o i Q01F/u 95 pcantfor pool j 37 8 7 4[ 3 O In DETAIL SHEET CAMA MAJOR AND WETLAND IMPACT MAP FOR KEN K/.SER AT 7410 E. BEACH DRIVE OAK /5LAND, N.C. 5WHOLLE TW5P BRUN5WICK CO. N.C.' DATE: 04124115 5C -- WA' Island ,5rveyor5, Inc. JOEY BROCHURE L- l 759 427 Womble 5t Oak Island, N.C. 26465 PHONE. 9/0-250-9/32 CELL: 9 / 0-523-6 / 22 www.i5landsurveyor.com Re5idenbal * Commercial Site Plan Lot 5urvey5 E Flood Elev. Certificate email: 151and541rveyot-5@,gmail.com PROPERTY REFERENCE OWNER: KEN KOER ADDRE55: 7410 E. BEACH DRIVE LOT 21, BLOCK. BB mom PG. 103 PARCE& 250BLO2019 FLOOD STATEMENT Firm: 370202-Panel 02075 Prehx 'J' - zoned 'VE 17' Effective Date: 610212006 'Not For Recordation, Conveyances or 5a/es' ► it ,W24(2015 I 5heet ,f 2 of 2 CZ ISurveyed By: Joey Brochure-PL5-1 759 1 a � o a' 30' 193' 43' 60' I 12,C r ditch is 2' 1+50 1+60 Amp M1/ be do to a depth of 6' SCACE l' = 3' VERT pad hN - - _ P - 30 HORZ V -9EC7TON A' NOT TO SCALE NOTE: 5CALE l9 FOR O TO l +60 HORZ. 3'70 & VERTICAL /\ V E NC CM LMIN TO ° �33EC IVED NOV 1 2015 QCM- R?joD CITY