HomeMy WebLinkAbout41-16 Todd, Steven & KathiPermit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
41-16
Issued to Steven & Kathi Todd, 6044 Bratton Place, Charlotte, NC 28277
Authorizing development in Brunswick County, adi. to a manmade canal off Jinks Creek, at
421 6 h Street. Sunset Beach , as requested in the permittee's application dated 1/16/16, incl. attached
workplan drawings Sheets 1-2 of 3 dated Received DCM Wilmington 3/28/16.
This permit, issued on April 1, 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
re subject to fines, imprisonment or civil action; or may cause me permit to tie nun ana vora.
Bulkhead
1) The alignment of the authorized bulkhead shall not exceed a distance of two feet waterward of the
existing deteriorated bulkhead.
2) No backfill material shall be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is
not authorized. RECEIVED
4) The bulkhead shall be constructed prior to any backfilling activities. APR 0 4 Z016
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2019
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
al F�K Braxton . Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Steven & Kathi Todd Permit No. 41-16
Page 2 of 2
ADDITIONAL CONDITIONS
5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure.
6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or
other suitable materials approved by Division personnel.
7) All backfill material shall be clean and free of any pollutants except in trace quantities.
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed
immediately landward of the bulkhead cap immediately following completion of backfilling activities.
General
10) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.
11) 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.
12) The permttee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 16-0221.
NOTE: The U.S. Army Corps of Engineers has assigned this project Action ID No. SAW-2016-00551.
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. RECEIVED
APR 0 4 2016
DCM- MHD CITY
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APR 0 4 2016
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Received
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MAR 2 8 2016
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1BPUNNERASSOCS. INC.
got SHORELINE DRIVF'WEM'
SUNSET BE&GII, NC 28468
9to-571-()799
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-MAR 2 8 2616
j DCM Coordinator: ('qozu Permit #: 41—I w
/ MAILING DIISTRIBUTION SHEET
Permitee: ✓� I LVI=N � I( T�j� j-DO 0 -(-// A2 -1 /per, ✓
Agents:
DCM Field Offices
/ Elizabeth City (with revised work plan drawings)
✓✓ ga
Washington
,,/'Wilmington
US ACOE Offices:
Washington:
Raleigh Bland
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington:
Tyler Crumbley
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Cultural Resources:
enee e -Ear
Public Water Supply:
Joey White (WARO)
DCM/ Shane Staples
Fisheries Specialist ✓Cnr— o�
NC DOT:
DMF/
Shellfish Sanitation: ✓
State Property: Jcfim alto
Water Resources: Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Washington: Anthony Scarbraugh-401
Wilmington: Joanne Steenhuis - 401
V/ o um - � �j/ l I nJ eS.
DEMLR
Washington: Scott Vinson-Stormwater
Wilmington: orgette Scott- Sto nwaate_r
Wildlife Resources: V aria Dunn
LPO: # Su KI c C--r i2( IHARO Fi
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Fax Distribution: Permitee
Agent #:_
Division of Coastal Magi gment
Application Processing Notes
Applicant: 1 U Did
Type (check all that apply)
NEW �/ MAJOR MOD MINOR MOD RENEWAL _TRANSFER
Permit Coordinator: Cn
ITS
Field Representative:
Date/Time Message
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RECEIVED
APR 0 4 2016
DCM- MHD CITY
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MAR 218 1016 -
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�MAR`2°S 201fi a--.,
DCM
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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD R E C E I V E
1) APPLICANT: Steve Todd
COUNTY: Brunswick MAR 01 2016
PROJECT NAME: Todd Bulkhead Installation
LOCATION OF PROJECT: 42160 St, adjacent to a man-made canal off Xnks Creek, AngsW ReMki D C I TY
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-22-16 ,
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a
CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a
FIELD REPRESENTATIVE: Holley Snider DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW: 0 .(/ fJ -�
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D:2-29-16! M5I1rSS Rez Oum3/,jlt,
ADJ. RIP. PROP NOTICES REC'D: Ego RC(, • 7PLI1 b
APPLICATION ASSIGNED TO: S
C) 75 DAY DEADLINE: Ll q I
MAIL OUT DATE: 2-25-16
FEDERAL DUE DATE:
FEE REC'D: $400 #6917 J
END OF NOTICE DATE: 3-21-16 i
DEED REC' :
ON: 3 I
150 DAY DEADLINE:
STATE DUE DATE: 3-21-16
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT
I3+t /CW 1'IU- AGENCY
S`
DEEO
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
✓
Coastal Management - LUP Consistency
Division of Community Assistance
v ZIP Ili
Land Quality Section (DEMLR)
Division of Water Resources (401)
3 3a/l 1,
Dw 2 to I t, O Zzl
Storm Water Management (DEMLR)
`Jj 4 f 11e
State Property Office
311 t4/I t.
✓
Division of Archives & History
Division of Environmental Health
Division of Highways
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Wildlife Resources Commission
3 Z 1//a
Local Permit Office
Division of Marine Fisheries / DCM
Corps of Engineers
31Z 4/6-
✓I(Jpyv
S A1v Z o1lo - 00SSo
Recommendations for State Permit — Steve Todd
It is the staffs recommendation that the applicant's proposal to install approximately 55 linear feet of
bulkhead with approximately 250 square feet of coastal wetland fill and connecting to the existing adjacent
bulkhead to the north appears to be CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for
Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC
7H.0207 (d) Use Standards for Public Trust Areas and Rules of 15 NCAC 7H.0208 (b)(7) Use Standards for
Bulkheads which state " (D) Bulkheads shall be permitted below normal high water or normal water level only
when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem,
whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic
features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other pro-
visions of this Rule; (ii) the bulkhead alignment extends no further below normal high water or normal water
level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align
with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or
geologic features; (iii) the bulkhead alignment will not adversely impact public trust rights or the property of
adjacent riparian owners; (iv) the need for a bulkhead below normal high water or normal water level is do-
cumented by the Division of Coastal Management; and (v) the property to be bulkheaded is in a non -
oceanfront area." Land subsidence is occurring on the landward side of the bulkhead as evidenced and
documented by site visits and the field investigation report. The applicant is proposing to tie into the adjacent
bulkhead to the north to prevent disruption of the shoreline during construction. However, the proposed
bulkhead would not tie into the adjacent bulkhead to the south and would be aligned approximately 9 feet
water ward of the existing bulkhead to the south. It appears that the bulkhead alignment could be reduced to
a maximum of 2 feet water ward of the existing alignment. This would reduce the amount of coastal wetland
fill and reduce the outboard distance from the adjacent wall to the south. In the absence of resource agency
concerns, this office has no objections to the proposed project and any permit issued should include the
standard permit conditions for bulkheads.
RECEIVED
MAR 01 2016
DCM- MHD CITY
bZ
Myrrurt
To: Heather Coats
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Applicati n, Steve Todd, Sunset
Beach, Brunswick County
Date: March 29, 2016
Consistency Determination:
This project is consistent with the Sunset Beach Land Use Plan Update.
The applicant proposes to install approximately 55 linear feet of bulkhead and fill
approximately 250 square feet of coastal wetlands. The project is located at 421 6"'
Street in Sunset Beach, Brunswick County.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and CW.
Waters at the project site are classified as SA and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use
Plan and offer the following comments.
The general area of the project is classified Residential, while the AECs impacted by the
work are classified as Conservation.
In general, the Town of Sunset Beach allows development in Conservation classified
AECs which is consistent with the State's minimum use standards. The Town of Sunset
Beach Land Use Plan contains some policies, which exceed the State's minimum use
standards. However, none of these standards appear to be applicable to this proposal.
Provided all local, state and federal requirements can be met, this project appears to
be consistent with the Town of Sunset Beach Land Use Plan.
Cc: File
RECEIVED
DCM WILMINGTON, NC
MAR 2 9 2016
Coastal Management
ENVIRONMENTAL QUALITY
February 25, 2016
MEMORANDUM:
TO:
Mark Zeigler
WiRO
Division of Community Assistance
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
S"remry
BRAXTON DAVIS
Direnor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.gov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 6th St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 21, 2016. If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
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 C, I 2—✓ DATE
Nothing Compares.._ Received -
State of North Carolina I Environmental Quality I Coastal Management FEB 2 6 1016
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
DCM
1 - FIJ S , , 'VI 1i1.
Coastal Management
ENVIRONMENTAL QUALITY
February 25, 2016
MEMORANDUM:
TO:
Dan Sams
District Manager
DEMLR - WiRO
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenr.crov
Fax:395-3964 ' durier_0416-33
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 6th St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx.
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this`form to Heaihe Coa s at the address above by March 21, 201 & If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
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 `�0 0 DATE FEB No 2-0\(e
RECEIVED
nothing Compares_ ACM WILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Management f EB 2 9,.2016
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215
/ tit"
PAT MCCRORY
Governor
r;a
Coastal Management
ENVIRONMENTAL QUALITY
February 25, 2016
MEMORANDUM:
tre]
Chad Coburn
401 Wetlands
DWR-WiRO / BR Co.
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
RECE1VED1NCDENR1DwR
FE8 2 5 2016
Hater QUali
Wil o�gonrReg e �O Cle
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa()-ncdenrpov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 6th St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx.
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 21, 2016. If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
when appropriate, in-depth comments with supporting data is requested.
=fGd GU&-C tv !"�n14!�/i6 C_CC�_
REPLY: 1. This agency has no objection to the project as proposed.
SIGNED
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
RECEIVEl7
DCM WILMINGTON, NC
MAR 3 0 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
Water Resources
ENVIRONMENTAL QUALITY
Mr. Stephen W. Todd
Ms. Kathi W. Todd
6044 Bratton Place
Charlotte NC 28277
Subject Property:
March 28, 2016
421 161l' Street — Sunset Beach
PAT MCCRORY
I�me'mnr
DONALD R. VAN DER VAART
S'omrta"
S. JAY ZIMMERMAN
Brunswick County
DWR Project: 16-0221
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Ms. Todd,
Onarlor
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.006 acres (250 square feet) of 404 wetlands to construct a new bulkhead as described
within your application received by the Division on March 4, 2016 with additional information
received on March 28, 2016. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number 3900 (GC 3900).
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:
hn://Portal.ncdew.ore,AO/wg/swi)/ws/401/certsandi)en-nits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 21-1.0506 (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:
1. 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
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 Aying
DOM WILMINGTON, NO
State of North Carolina I Environmental Quality I Water Resources MAR 3 0 2016
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000
421 16t1 Street Sunset Beach
Brunswick County
2016-0221
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.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.
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
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.
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)]
5
DCM WILM NIGTO,N, NO
MAR 3 0 2016
421 '16'^ Street Sunset Beach
Brunswick County
2016-0221
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 pemrittee/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 Iwo) ese-osee.
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
8 Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
9 This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
10 Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
htm://portal ncdenr.or web/wq/swo/ws/401/certsandpennits/apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.coln/ 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).
2 %7.s�
'RECEIVED
WILMINGTON, NO
3
MAR 3 0 2016 2
421 16t1 Street Sunset Beach
Brunswick County
2016-0221
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Jennifer.Burdette@ncdenr.gov or Chad Coburn in the
DWR Wilmington Regional Office at 910.796.7379 or Chad. CoburrlrUnedenr.aov.
Jim so Regional Supervisor
IVWat uality Regional Operations Section
, Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3900
cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office
Sheri Montalvo — 401Buffer Group, Archdale
Heather Coats — DCM Wilmington
WiRO
,
t NpU
`4 RECEIVED
DCM WILMINGTON, NC
MAR 3 0 2016
Water Resources
ENVIRONMENTAL QUALITY
DWR Project No:
Applicant:
Project Name:
PAT MCCRORY
r„ n, mdr
DONALD R. VAN DER VAART
S,c xvan
S. JAY ZIMMERMAN
Omrmr
401 Water Quality Certification Issued Date:
County:
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 is required to return this certificate to the DWR
401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
If this project was designed by a Certified Professional
Date:
I, as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
RECEIVED
DCM WILMINGTON, NC
MAR 3 0 2016
State ofNortb Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919107 9000
RECEIVED
DCM WILMINGTON, NC
MAR 3 0 2016
Coastal Management
ENVIRONMENTAL QUALITY
February 25, 2016
MEMORANDUM:
TO:
RECEIVED
MAR 0 4 2016
DCM- MHD CITY
Georgette Scott
Stormwater Section
DEMLR - WiRO
t'�t'
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Unecmr
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)..ncdenraov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 6th St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx.
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 21, 2016. If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
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 hO DATE
Nothing Compares�-
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive ExT, Wilmington, NC 29405
910-796-7215
OL'
PAT MCCRORY
aavernor
?,S
DONALD R. VAN DER VAART
- Secretary
Coastal Management
ENVIRONMENTAL QUALITY BRAXTON DAVIS
DIre,sor
February 25, 2016 RECEIVED
MEMORANDUM:
FEB 2 9 2016
TO: Tim Walton DOA
Dept of Administration STATE PROPERTY
State Property Office OFFICE
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa()ncdenr.gov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 6fn St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx.
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 21, 2016. If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
_zThis 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!iw—�, DATE 313/IG
DCM RECEIVEDEIGTON, NC
Nothing Compares_ MAR �
State of North Carolina I Environmental Q2 4
nality I Coastal Management 201g
127 Cardinal Drive ExL, Wilmington, NC 28405
910-796-7215
01 2016
got
Coastal Management
ENVIRQNMENTAI QUALITY
February 25, 2016
MEMORANDUM.
PAT MCCRORY
Claw~
R. VAN DER VAART
Y,l7l�y
BRAXTON DAVIS
IYIRchu
TO Renee Gledhill -Early
Dept of Cultural Resources
Archives & History
FROM. Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext , Wilm , NC 28405 hgathercoats@ncdenrgov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT CAMA ! Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 6th St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx.
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 21, 2016. If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
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 _�`"� C� DATE
(`f riECEiVED
UCM WILMINGTON, NO
-:�>-Nodftco-� MAR 1 S 2016
Am< W N,xL11 l'ardW Favpwvoemai lAlditY Caunl MwgeeMM ®�
12' cardaw r><,.r EM, wdmmom NC nws
910_n t7215
Coastal Management
ENVIRONMENTAL QUALITY
February 25, 2016
MEMORANDUM:
TO:
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)..ncdenroov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 6fh St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx.
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 21, 2016. If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
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.
SIGNE5'
DATE 4
Received
Nothing Compares- MAR 0 4 1016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ett, Wilmington, NC 28405 D�
910-796-7215 M
Coastal Management
ENVIRONMENTAL QUALITY
February 25, 2016
MEMORANDUM:
TO:
Ben Hughes
NC DOT
Brunswick County
RECEIVED PAT MCCRORY
FEB 2 9 2016
DONALD R. VAN DER VAART
NC DOT Secretary
DISTRICT 3
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(ccilncdenrgov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA i Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 6th St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx.
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 21, 2016. If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
X 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 Z�41 DATE Z Z9 t%v
RECEIVED
DCM WILMINGTON, NC
Nothing Compares
State of North Carolina I Environmental Quality l Coastal Management MAR 0 2 2016
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
r1
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Searelary
Coastal Management
ENVIRONMENTAL QUALITY BRAXTON DAVIS
l IL.03.07•o l ,.1� Director
February 25, 2016 4 v
<9
ti
MAR 20;3
MEMORANDUM:
RECEIVED
HaNTO:
Maria Dunn
iCCtl intion
NCWRC
���nP►Otfam
For WiRO
\�
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrpov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 6th St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx.
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 21, 2016. If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
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 I4 t-oif,,
RECEIVED
DCM WILMINGTON, NC
Nothing Compares.` MAR D 12016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
^ y
Nr..
Coastot4imagement'
ENVIRONMENTAL QUALITY .
February 25, 2016
MEMORANDUM.'
TO:
Richard H'athcock
LPO
Sunset Beach
PAT MCCRORY
Go mar
DONALD R. VAN DER VAART
seffeary
BRAXTON DAVI'S
Director
FROM; Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext.,.Wilm„ NC 284.05 heathercoats(aDncdenraov;
Fax: 595`-3964 fCbu 0496.33); ,
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Steve Todd
Project, Location, QJ 6th St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed project:: to construct approx. 55.1inear feet of new yir yl bulkhead with approx:,
250 square feet of coastal wetland fill
Please ihdicate below,your agency's position or viewpoint on the proposed project and
Fe a fhisfornt to Rea&er Coaf at the address above by:March 21, 2016: If you
have any questions regarding the proposed pro)ect, contact Holley Snider at (910)796 7270
When, appropriate, in=depth comments with supporting data isrequested,
REPLY: V 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 �-Lei
-:5>�Nothinq Compares
Siate'of Noah Carolina I Emironmenlai.WiV I Cmtal Mmiagemenl
127Cacdihal WVcEzt. Wilmington,R 2840 '
410-796-721F�. -
o-
PAT MCCRORY
a
Governor
i
y,.
DONALD R. VAN DER VAART
Secretary
Coastal Management
ENVIRONMENTAL QUALITY BRAXTON DAVIS
Director
February 25, 2016
MEMORANDUM: RECEIVED
TO: Gregg Bodnar MAR 01 2016
Fisheries Resource Specialist
DCM, Morehead City DCM- MHD CITY
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenr.00v
Fax: 395-3964 (Courier 04-16-33)',
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 6th St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx.
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 21, 2016. If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
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
Nothing Cornpares�
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext, Wilmington, NC 28405
910-796-1215
31r3l 6
RECEIVED
DCM WILMINGTON, NC
MAR 1 n 2016
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM:
TO: Heather Coats, DCM Assistant Major Permit Coordinator
FROM: Gregg Bodnar, DCM Fisheries Resource Specialist®
SUBJECT: Steve Todd
DATE: 3/18/2016
PAT MCCRORY
Omenror
DONALD R. VAN DER VAART
semto'y
BRAXTON DAVIS
DWIdor
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject permit application for proposed actions that impact fish and fish habitats. The applicant
proposes to construct 55 linear feet of new bulkhead within a canal, resulting in approximately 250ft2 of
coastal wetland fill. The surrounding waters are classified as able to support shellfish (SA) and are
closed to shellfish harvest.
Aerial imagery shows the canal has extensive coastal wetlands bordering the properties with typical
widths of 13ft-17ft. The applicant proposes to tie into an existing bulkhead to the north that is 5ft
waterward of the applicant's bulkhead and terminate approximately 9ft waterward of the adjacent
bulkhead to the south.
Coastal wetlands are considered among.the most productive ecosystems in the world (NCDEQ,
2015). Coastal wetlands are a productive detritus based system that trap nutrients, toxins and
sediment, aid In shoreline erosion control, dissipate wave and storm action, provides a barrier
to flood damage, and provide nursery functions and support fish production. Recent research
indicates that even narrow fringes of wetlands are essential factors for fish utilization and
erosion control (Whaley and Minello 2002; MacRae and Cowan 2010; Minello et al. 2011;
Gewant and Bollens 2012). An estimated 95% of commercial finfish and shellfish species in the
US are wetland dependent (Feierabend and Zelany 1987). Species common to coastal wetlands
include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid
shrimp; with a myriad -of prey species as well. In addition, wetlands are important to waterfowl
feeding and nesting activities.
Allowing the proposed bulkhead to move out 5ft waterward to tie into the adjacent bulkhead
to the north creates a situation where the bulkhead is aligned 9ft waterward of the existing
bulkhead to the south. This creates unnecessary wetland fill at the site and when adjacent
property owners extend bulkheads out an excessive distance under the justification of tying
Nothing Compares
State of NorthCarolim I Fnv ,ananental Quality l Coasted Management
400 CoIranteroe Ave I Morehead City, North Carolina 28557
252-808-28D8
PAT MCCRORY
Gmemor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Coastal Management
ENVIRONMENTAL QUALITY
Director
into only one existing bulkhead. This incremental effect has the potential to fill large areas of
coastal wetlands throughout the entire canal. To minimize coastal wetland fill, the bulkhead
should be placed the minimum distance needed waterward of the existing bulkhead, typically 2
feet, to safely and properly construct the new bulkhead. This would minimize coastal wetland
fill at the site and throughout the canal, and protect important fisheries habitat while
accomplishing the shoreline stabilization requested.
Contact Gregg Bodnar at (252) 808-2808 ext. 213 or areae.bodnar@ncdenr.gov with further questions
or concerns.
Boswell, K.M., Wilson, M.P., MacRae, P.S., Wilson, C.A. and Cowan Jr, J.H., 2010. Seasonal
estimates of fish biomass and length distributions using acoustics and traditional nets to
identify estuarine habitat preferences in Barataria Bay, Louisiana. Marine and Coastal
Fisheries, 2(1), pp.83-97.
Feierabend, J.S. and Zelazny, J.M.,1987. Status report on ournation's wetlands. National
Wildlife Federation.
Gewant, D. and Boliens, S.M., 2012. Fish assemblages of interior tidal marsh channels in
relation to environmental variables in the upper San Francisco Estuary. Environmental
biology of fishes, 94(2), pp.483499.
Minello, T.J., Rozas, L.P. and Baker, R., 2012. Geographic variability in salt marsh flooding
patterns may affect nursery value for fishery species. Estuaries and Coasts, 35(2),
pp.501-514.
NCDEQ (North Carolina Department of Environmental Quality) 2016. North Carolina Coastal
Habitat Protection Plan Source Document. Morehead City, NC. Division of Marine
Fisheries. 477 p.
Whaley, S.D. and Minello, T.J., 2002. The distribution of benthic infauna of a Texas salt marsh in
relation to the marsh edge. Wetlands, 22(4), pp.753-766.
Nothing Comparesf,�
Stele of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, North Carolina 28557
252-808.2808
Coats, Heather
From: Hair, Sarah E SAW <Sarah. E. Hair@usace.army.mil>
Sent: Thursday, March 24, 2016 10:55 AM
To: Coats, Heather
Cc: Farrell, Sean C; Snider, Holley
Subject: New Hanover and Brunswick projects
Hello,
This email is to inform you that we intend to process the following projects as GP 56s:
Corps Action ID: SAW-2016-00550
Project name: 7 West Columbia Street/Sweyer/Bryan
County: New Hanover
Corps Action ID: SAW-2016-00551
Project name: 4216th Street/Todd
County: Brunswick
"It is my understanding that the project impact area for the Todd project is likely going to change, to reduce the impacts
to coastal wetlands, and that an updated plan will be provided.
Please let me know if you have any questions.
Thank you!
Liz Hair
Project Manager
LISACE-Wilmington District
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC28403
910-251-4049
Sarah.e.hair@usace.army.mil
PAT MCCRORY
Govemor
C.
DONALD R. VAN DER VAART
Secretary
Coastal Management
ENVIRONMENTAL QUALITY BRAXTON DAMS
Direcmr
February 25, 2016
MEMORANDUM:
TO: Heidi Cox 'I FEB 2 5 P016
Environmental Engineer 0
NRo notbyaterN Suooh
Public Water Supply Publ�Wat, Worces
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenroov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Steve Todd
Project Location: 421 601 St., adjacent to a man-made canal off Jinks Creek, in Sunset
Beach, Brunswick County
Proposed Project: to construct approx. 55 linear feet of new vinyl bulkhead with approx.
250 square feet of coastal wetland fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 21, 2016. If you
have any questions regarding the proposed project, contact Holley Snider at (910)796-7270
when appropriate, in-depth comments with supporting data is requested.
REPLY: J\ 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&� �%I/Y�_-P (22�(_ DATE 11(2
RECEIVED
Nothing Compares�.� DCM WILMINGTON, NO
State of North Caroline I Environmental Quality l Coastal Management jFE8 2 9 2016
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215
Page 1 of 1 *i/
07/01/2002
$254.00 25
neat ERA
8xcfae Tax
Brrmwic3 ammty-nmisbei of Deeds
Robert J. Roblusurf
Dust E119761 Rook 1602Page 1f122
07/pl/2002 04:21:0Um Rect Slabs
!T
TOTAL REV TC#a —
RECY. _CKAMA,— CKN P"
CASH -. REF — 9Y—
Reardlne Time, nook and Page
Tax Lot No . ............................ ......... .......... ............... ........-............... Parcel Identifier No. ....... 2`..ef1_4.7._A1P..........................................
.
Verified by._..........................-.,........................_........._. County on the ................ day of ._ ................................... ..._.... .........
, .....,,......
by........................._..........,......................._........... ...... .......... ........... ............. ...... ..... .... ._..._..._............,......,.,.....,,....... ...... .......... ,.....
......,........._.....
Mail alter recording to
....----............ ...................-..._._..... `ERRPBBEp..iViTH9CiT..QP Ir..ON,_QA_T,IT.J„&i„........................ .... ....... ... ...._..,..
This Instrument was prepared by ......... A:1'J'R.RNEYS.1-T.,,LAW.,.,,... OCEAN.. Isu. aw' . 'N,.W....;"69,,,,,,
Brief description for the Index
Lot 23 canal A sunset Beach
..1.
NORTH
-I CAROLINA GENERAL -WARRANTY DEED
.� THIS DEED made this ........ day of ....... ......... ._June:...._.......... .2002., by and between
GRANTOR GRANTEE
CRAIG A. CORRY and wife,
MARCIE M. CORRY
TS AUX CON GP PCBSPL
(� 6 56 010 '
.P ixNsurt Ot.r...
STEVEN W. TODD and wife,
KATHIW.TODD
6044 Bratton Place
Charlotte, NC 28277
Rat" to appropriate black for eaon party: rump ad&eae, and, tf appropriaW eburader of entity, aa. eorporadoa or partnershb.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, anccesaore, had assigns, and
shall include singular, plural, masculine, feminine or neuter ae required by context.
WITNESSETD:, that the Grantor. for a valuable consideration paid by the Grantee, the receipt of wtuch Ta" hereby.
acknowledged, has and by thesseeappresents does grant, bargain, sell and convey unto the Grantee In foe simple, allya=
ttte.j.r, It/2 intafey� .F 't ie . ce vn to of payee o an et ua d m the City of ......$S1R�A.. Bea9b..........._................_,..sbal.lot;te........._..._. Township,
...._ aimovi.Ck......_............... County, North Carolina and more parGculariy described as follows:
BEGINNING at an iron pipe in rho east line of Sixth Street (Sixth Street being 30 feet
in width) said beginning point being a common comer between Lots 23 and 24, and
being located N 11 degrees 00'W 630 feet from the intersection of the east line of
Sixth Street with the north line of Main Street, thence from said beginning point N
79 degrees 0OW 1:0 feet to a stake; thence S 11 degrees 00' E 50 feet to a stake;
thence S 79 degrees 00W 120 feet to a stake; thence N 11 degrees 00' W 60 feet to
http://brunswick-live.inttek.netlpushimage.ntk?s jIrQm3n9W7LRiBrRdBgOj6gMmx4Nh... 3/18/2016
1l-
The Deed of True[ named hereon is p0 Brunswick panty —Registry of Deeds
CANCELEDOFRECORD Robert J. Robinson
On the date and time aak hereon Irnst #123163 Book 1610age 685
08/05/2002 02:12:20pit Pact 115 a0
Itsbal_I.y�kl9'tll'needa�Naaawidc ----
T@dobTQ*gg@o*@%
This instruwnt mot be recorded in.
BRUNSWICK County, NC !�' "
Recording Requested By, , REV._ TE"�"�"'
WF936 WELLS FARGO ROME MORTGAGE, INC.
When Recorded Mail Toe m�g6C�a3i CKAMT. o•`
STEVEN TODD O�0 ^.r.. REF �� k
6044 BRATTON PLACE
CHARLOTTE, NC 28277
Loan #: 0014441315 LPS #: 615670 Bin #: 7-24-02MV
CERTIFICATE OF SATISFACTION
I, Joe Rojo, Vice President of 0E CAPITAL MORTGAGE SERVq&WS, INC., hereby certify that GE
CAPITAL MORTGAGE SERVICES, INC. is the owner o 55,, dress secured by the hereafter
described Deed of Trust and that del1� igatioa dated 6secure in the amount tof
o
$86500 secured by the Dead q>, /, 61�k a ls/93, executed by STEVEN W TODD and KAM W
TODD, HUSBAND AND WIFE, AND1�T�'A CORRY AND MARCIE M CORRY, HUSBAND AND WIFE,
Grantor(s) to WILLIAM R ECHOLS Trustee for NORWEST MORTGAGE, INC., Beneficiary, and
recorded in BRUNSWICK county on 6/21/93 as Instrument Number 000064, in Book 0935 at Page
0038 (re -recorded on Inst. # as - , Book -- at Page --) was satisfied on 7/2/02. we
hereby request that this Certificate of Satisfaction be recorded and that the above
referenced Deed of Trust be canceled of record.
GE CAPITAL MORTGAGE SERVICES, INC.
on July 24, 2002 60 ° @�
By:
Vice President
STATE OF CA
COUNTY OF Orange nn ap(gt
On, % ZG'�, before me, J F339 appeared Joe Rojo, Vice President of
OE CAPITAL MORTGAGE SERVICE O a ly known to me or proved to me on the basis
of satisfactory evidence to a person(s) whose names) is/are subscribed to the
within instrument an acknowledged to me that he/she executed the same in his/her
authorized capacity(ies), and that by his/her signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted executed the
instrument.
ruRECEIVED
witness my hand and official seal.
IA""
133049 N
11 �J(� ays wu
J. Garcia
Notary Public p V
My Commission expires: 21/17/05
Document drawn by: LPS, Suzanne Gonzalez, 15661 Redbill Ave., Tustin, CA 92780
6/6/02 701001
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Tim Foregoing (or annexed) Certific
O*@t
8/31/02
0 1 2016
RECEIVED
DCM WILMINGTON, NC
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 5th Day of Au ust 002
in dne Book and page shown on the Pint Page hereof. 19 2016
RO E T J. RIINSON, Regi ter of Deeds
p0�1 Ovppuing6@
Inst # 123163 Book 1614Page: 686
pp(J.lO�A`jpuawGW@�
This instrument must be recorded in,
BRUNSWICK County, NC 1y
Recording Requested By, %p��g�,+Q
WF936 WELLS FARGO HOME MORTGAGE, IN 6
When Recorded Mai l To,
pOOC]O o
STEVEN TODD
6044 BRATTON PLACE
CHARLOTTE, NC 28277
Loan #: 0014441315 LPS #: 615670 Bin #: 7-24-02MV
AMDAVZT OF LOST 1W
((�� 0 0
Joe Rojo, Vice President, of GE liR
LA^i�A RRVICRS, INC. personally appeared
before me in Orange County, 0and having duly sworn (or affirmed) made the
following affidavit:
1. The affiant, OR CAPITAL NOmwE SBRVICES, INC. in the owner of the note or other
indebtedness date 6/18/93 in the amount of $86500 secured by the deed of trust,
mortgage, or other instrument executed by STEVEN W TODD and KAM W TODD, HUSBAND
AND WIFE, AND CRAIG A CORRY AND MARCIE M CORRY, HUSBAND AND WIFE (grantor,
mortgagor), WILLIAM R ECHOLS (trustee), and NORWEST MORTGAGE, INC.(original
beneficiary, mortgagee), and recorded in BRUNSy7d� County on 6/21/93 as
Instrument #: 000064, in Book: 0935 y_td®5: fN0, (rerecorded on as Inst. # --
in Book: -- at Page--nn•�dO,�,p�j (�
2. The note or other iddel5tedness has been lost and after the exercise of due
diligence cannot be located.
3. The affiant certifies that all indebtedness secured by deed of trust,
mortgage, or other instrument was satisfied on 7/2/02 and the affiant is responsible for
cancellation of the same. ON CAPITAL MORTGAGE SERVICES, INC. *St
nJly 242007O&Otpn§@@ O
By: _
J R , Vice Prssident
STATE OF CA cal
COUNTY OF Orangenn�26O OOu�
I, J. Garcia, a Notary Publyypp� a County and State, do hereby certify that Joe Rojo,
Vice President, personally dhme before me this day and acknowledged, on behalf of GR
CAPITAL MORTGAGE SERVICES, INC., the flue execution of the foregoing instrument.
Sworn to and subscribed before me this date July 24, 2002. RECEIVED
J. Garcia, Notary public g J. WACU
Cses.l U301!! ., .y
wrar amrwYwwf
My Cononi eeion expires 11/17 A4®0�0 pa* aw Wr - - - --•
ll YI C,M fY'va Xr,.li, 11M
Document drawn by: LPS, Suzanne Gonzalez, 15661 Redhill Ave. #200, Tustin, CA 927 r2E
8i6i02 701001 .'.&?WILMINGT INGTON, NO
anlio2
-J1Fi
gem MP-1
13
APPLICATION for
Major Development Permit
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (it applicable)
, E C E I V E
Applicant l: First Name
Steven
MI
W
Last Name
Todd
MAR 01 2016
Applicant 2: First Name
Kathi
MI
W
Last Name
Todd
D C M- M H D Cl:
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
6044 Bretton Place
PO Box
City
Charkrite
State
NC
ZIP
28277
Country
USA
Phone No.
704-293-5825 ext.
FAX No.
Street Address (f different from above)
City
I State
ZIP
Email
todds4583@gmail.com
2. AgenVContractor Information
Business Name
Agent/ Contractor 1: First Name
MI
Last Name
Agentl Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
ZIP
Phone No. 1
-
- ext.
Phone No. 2
- -
ext.
FAX No.
Contractor#
Street Address (if different from above)
City
State
ZIP
Email
RECEIVED
<Form continues on back>
JAN 19 2016
fY
NC
t-888-4d, .. WWW I oastaln;. -. jement.net
Form DCM MP-1 (Page 2 of 4)
RECEIVED
APPLICATION for
Major Development Permit
MAR 01 2016
3. Project Location MHD CITY
County (can be multiple)
Street Address
State Rd. #
Brunswick
421 a Street
Subdivision Name
City
State
zip
Sunset Beach
NC
2846E -
Phone No.
Lot No. (a) (Amany, aaach additional page with list)
704 — 293 - 5825 ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Lumber
man made canal
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural ®Manmade ❑Unknown
Jinks Creek
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
Town of Sunset Beach
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.R)
50LF
4750
c.
Size of individual lots)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
10.0 ®NHW or ❑NWL
e.
Vegetation on tract
landscape vegetation, upland grass, coastal marsh
f.
Man-made features and uses now on tract
single family residential, bulkhead and docking facility
g.
Identify and describe the existing land uses ad acen to the proposed project site.
single family residential
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Beach Residential district, BR-2
(Attach zoning compliance certificate, it applicable)
®Yes ❑No ❑NA
J.
Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
it.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yea ❑No ®NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ❑No ®NA
National Register listed or eligible property?
r",' - --
<Form continues on next page>
DCM NILMINGTON, N
JAN 19 N16
Form DCM MP-1 (Page 3 of 4) APPLICATION for
Major Development Permit
in. (t) Are there wetlands on the site?
®Yes ONO
(it) Are there coastal wetlands on the site?
®Yes ONO
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
❑Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
RECEIVED
Town of Sunset Beach, Municipal Sewer
MAR 01 2016
o. Describe existing drinking water supply source.
DCM- M H D C IT
Brunswick County
p. Describe existing storm water management or treatment systems.
stormwater per town of Sunset Beach ordinance
5. Acdvides and Impacts
a. Will the project be for commercial, public, or private use?
❑Commercial ❑PubliefGovemment
®PrivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
residential use and shoreline stabilization
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
bulkhead will be structurally fight before fill material is placed. Mini excavator will be used for construction. All equipment
will be on site.
d. List all development activities you propose.
construction of new bulkhead in front of existing bulkhead. Existing dock to remain.
e. Are the proposed activities maintenance of an existing project, new work, or both?
both
f. What is the approximate total disturbed land area resulting from the proposed project?
❑Sq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ONO ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
existing shelflow; no discharges proposed
i. Will wastewater or stormwater be discharged into a wefland?
❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ®No ❑NA
j. Is there any mitigation proposed?
❑Yes ®NO ❑NA
If yes, attach a mitigation proposal.
CENE
DCM WILMINN, NC
<Form continues on back> JAN 19 2016
s, �_ UASt 89 nr F.M 3tfCm'3 MY 2.. r4�t
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additionallnfonnation
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) — (9 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated wont 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, dearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Pete and Vivian Meletis Phone No. 704-664-7766
Address 1007 Briarcliff Rd, Mooresville, NC 28115
Name Lois Hargrave Phone No. 201-568-1625
Address 41 Joyce Rd, Tenafly, NJ 07670
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitter, and issuing dates.
h. Signed consultant or agent authorization form, If applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certlifficetion and Pennission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge. RECEIVED
Date {-/f c) 1a 16 Print Nam Stevan�W./Todd
Signature
MAR 01 2016
DCM- RP HD CITY
Please indicate application attachments pertaining to your proposed project.
[]DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development RECEIVED
❑DCM MP-4 Structures Information DCM WILMINGTON, NC
.jAN 1 "0 2016
a nt. n et
� I . I . .,.,
Iv -
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
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.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated include coastal wetlandslmarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB _
❑WL ❑None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes []No [-IRA
(ii) If no, attach a letter granting permission from the owner
d. High -ground excavation in cubic yards.
VAR 01 2016
DCM„- MHD CITY
®This section not applicable
b. Dimensions of disposal area.
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlandstmarsh f.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV []SB
OWL ❑None
(ii) Describe the purpose of disposal in these areas:
(i) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
RECEIVED
DCM WILMINGTON, NO
AN 19 2016
2,92-808-2808 s 1-888-4RCOAS'r :: www.nccoastalmanagemen%.n Ft re -a used: 12i26,106
3. SHORELINE STABILIZATION ❑This section not applicable
(N development is a wood groin, use MP-4 - Structures)
a. Type of shoreline stabilization: b. Length: 5i4'
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑other.
c. Average distance waterward of NHW or NWL: 5'
e. Type of stabilization material.
vinyl
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 250' Riprap
Breakwater/Sill Other
i. Source of fill material.
upland
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ONO ❑NA
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
WKM: 1
d. Maximum distance waterward of NHW or NWL 5'
f. () Has there been shoreline erosion during preceding 12
months?
®Yea ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
bacldrll is subsiding on landward side of wall
h. Type of fill material.
clean sand1dirt
RECEIVED
MAR 01 2016
le. (i) Will fill material be placed in coastal webands/mersh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB _
OWL ❑None
(h) Describe the purpose of the fill in these areas:
15. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
silt fence mini excavator
c. (i) Will navigational aids be required as a result of the project?
❑Yes ❑No ❑NA
(ii) If yes, explain what type and how they will be implemented.
Date
Todd Residence
Project Name
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Steven W.Todd
Appliala
4ecm 'aa0lez,
•Applicant Signature
RECEIVED
DCM WILMINGTON, NC
,,AN 19 2016
...,..-..RC011- , ..,.,......._-,- Finanaremtert.net revised: 12i26106
ft
RECEIVED
MAR 01 2016
N"4 Det, MHD CITY
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RECEIVED
DCM WILMINGTON, NC
,JAN 19 2016
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29208
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• BRUNNERASSOCS. INC.
got SHORELINE DRIVE WEST e — s '
0 SUNSEC BEACH, NC 2846E yoZ! 617,y ST 3G,(i,
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BRUNNER ASSOCS. INC.
9o1 SHORELINE DRIVE NEST
SUNSET BEACH, NC 28468
910-575-6799
S II!_fLHEafl .
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RE EIVED
OR 01 2016
DC Z_ ;`HD CITY
RECEIVED
DCM WILMINGTON, NO
JAN 19 2016
im
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Steve Todd
2. LOCATION OF PROJECT SITE: 421 6th Street adjacent to a man-made canal contiguous with Jinks Creek, Sunset
Beach, Brunswick County
Photo Index - 2006: 1-6152, M-19, 20 2000: 1-5, M-20 1995: 1-4, M, N-7
State Plane Coordinates - X: 2150917.854 Y: 44464.243
Lat:33°52'16.05"N Long:78°30'10.48"W RECEIVED
3. INVESTIGATION TYPE: CAMA/D&F MAR U 1 2016
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10/27/15, 2/23/16 DCM— IVdHD CITY
Was Applicant Present — Yes, No
5. PROCESSING PROCEDURE: Application Received — 01/19/16, 02/22/16(complete)
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan —Town of Sunset Beach
Land Classification From LUP — Residential
(B) AEC(s) Involved: ES, EW, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment:Existing — Municipal
Planned - None
(F) Type of Structures: Existing — Single-family residence with docking facility and bulkhead
Planned -55 linear feet of new bulkhead
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
`J
91
HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal)
High Marsh
Low marsh
250 sq. ft.
(B) Non -Vegetated Wetlands
Open Water
(C) Other
1,000 sq. ft.
Uplands
(D) Total Area Disturbed: 1,250 sq. ft. (>0.01 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
PROJECT SUMMARY: The applicant proposes to construct approximately 55 linear feet of new vinyl bulkhead
with approximately 250 square feet of coastal wetland fill.
Steve Todd
Page Two
9. PROJECT DESCRIPTION
t�-
RECEIVED
MAR 01 2016
DCM- MHD CITY
The applicant's property is located at 4216th Street, adjacent a man-made canal contiguous with Jinks
Creek in the Town of Sunset Beach, Brunswick County. Directions from Highway 17 south of Shallotte:
Turn Left onto Highway 904 and travel south for approximately 3.6 miles to the intersection of Sunset
Boulevard North. Turn Right onto Sunset Boulevard and travel approximately 1.7 miles and proceed
south thru the traffic circle and exit onto the Sunset Beach high rise bridge. Travel over the bridge
onto the island and make the first left onto North Shore Drive East. Travel 0.25 miles and follow the
road to the right onto 6th Street. Proceed south on 6` Street. The project site will be located on the
left side of the street.
The project site is a canal front lot that measures approximately 50 feet in width by approximately 115
feet in depth. The elevation of the high ground area of the lot averages approximately 5-7 feet above
normal high water (NHW). High ground vegetation consists primarily of lawn grasses, woody shrubs,
and landscape vegetation. The shoreline of the property has been stabilized with a timber bulkhead
and the existing porch support pilings are approximately 19 feet from the bulkhead. The mean high
water boundary is located on the bulkhead of the project site. Coastal Wetlands are present water
ward of the bulkhead, consisting primarily of Smooth Cord Grass (Spartina alterniflora). The Coastal
Wetlands are, on average, 15 feet in width as measured from the bulkhead. An existing docking facility
extends from the center of the property and consists of an approximately 4 feet wide by 20 feet long
access pier connected via ramp to an approximately 8 feet wide by 16 feet long floating platform. The
existing timber bulkhead is failing and subsiding backfill is evident on the landward side of the existing
bulkhead. The bulkhead has begun to bow and the top of the existing bulkhead is as much as 3.5 feet
waterward of the toe of the existing bulkhead in some places along its alignment.
The adjacent shorelines have been stabilized with bulkheads. The property to the south has a
bulkhead in alignment with the existing bulkhead on the project site. The adjacent shoreline to the
north has been stabilized with a bulkhead that is aligned approximately 5 feet waterward of the
existing bulkhead on the project site. The MHW boundary on the adjacent properties is located along
the bulkheads with approximately 15 feet of Smooth Cord Grass present waterward of the bulkhead.
Both of the adjacent properties to the north and south are developed with single-family residences and
docking facilities. No known archaeological sites are within the project vicinity.
The Sunset Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high
ground portion of the project area as Residential. The waters of the AIW W are classified SA by the
Division of Water Quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division
of Marine Fisheries. They are CLOSED to the harvest of shellfish.
Steve Todd
Page Three
10. PROPOSED PROJECT:
Am
RECEIVED
MAR 01 2016
DCM- MHD CITY
The applicant proposes to install approximately 55 linear feet of new vinyl bulkhead with
approximately 250 square feet of coastal wetland fill. The bulkhead backfill would consist of
approximately 250 square feet of coastal wetlands, primarily Smooth Cord Grass (Spartina alterniflora).
As proposed, the bulkhead would be installed, on average, 5 feet water ward of the existing bulkhead.
The bulkhead would have a maximum alignment of approximately 5 feet water ward of the existing
bulkhead. As proposed, the bulkhead alignment would connect to the existing bulkhead of the
adjacent riparian property to the north and would measure approximately 50 feet in length with a 5
feet return wall on the south side to tie into the existing bulkhead. The proposed bulkhead would be
aligned approximately 9 feet water ward of the existing bulkhead to the south. The existing timber
bulkhead would remain in place and the limits of disturbance would be located approximately 20 feet
landward of the proposed bulkhead alignment. The applicant is proposing to install the tie -backs thru
the existing wall to prevent land disturbance associated with removal of the old wall.
11. ANTICIPATED IMPACTS
The proposed new bulkhead construction with associated backfill and tie back/anchor system would
result in the filling of approximately 250 square feet of Coastal Wetlands and Estuarine Waters Areas of
Environmental Concern. The bulkhead backfill would consist of approximately 250 square feet of
coastal wetlands, primarily Smooth Cord Grass (Spartina alterniflora), located below MHW. The
proposed bulkhead construction would result in the disturbance of approximately 1,000 square feet of
high ground.
Submitted by: Holley Snider Date: February 24, 2016 Office: Wilmington
rk
DESIGN NARRATIVE
1. EXISTING CONDITIONS:
RECEIVED
MAR 01 2016
DCM- MHD CITY
The 421 6th street site is a 4750 square foot lot located at Sunset Beach in Brunswick County. The site is
located on a manmade canal stemming from the Atlantic Intracoastal Waterway. There is existing
shoreline stabilization along the proposed lot. Both adjacent property lots are developed as single
family residential. The elevation of the property ranges from 6 to 10 feet NAVD88.
2. PROPOSED DEVELOPMENT:
The existing shoreline stabilization at 4216th street is proposed to be replaced waterweed of the existing
bulkhead ranging 4-5 feet to connect to the adjacent bulkhead to the north. The existing bulkhead will
remain due to its deteriorated state and tie -backs will be installed through this existing wall. The top of
the existing bulkhead may be lower upon completion of construction of the new wall. Additional fill
may be placed on top of existing wall so that the wall may be vegetated over. Backfill material
consisting of clean sand will be obtained from an upland source. The bulkhead will be constructed
structurally tight to keep material on site.
RECEIVED
DCM WILMINGTON, NO
JAN 19 2016
421 6th St
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kllAR 01 2016
DreM- MHD CITY
421 6th St
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421 6th St, Sunset Beach, NC 28468 DCM RECEIVED
ED NC
JAN 1
http s://www.gccg Ie.co mlmaps/place /421+6th+St,+Sunset+Sea c._m2!3ml!1s Ox890084998e66 b 30b:Ox67f5eb34aeO85f9?hI=en-US9 2011 /16, 6:43 PM
Page 1 of 1
Todd, Skv-e
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Dear Holley,
Here are the mail receipts for notification of neighbors for bulkhead activity at 421 6t" street, sunset
beach, nc.
■ Complete items 1, 2, and 3.
A. Si atu9'
■ Print your name and address on the reverse
Thank you,
X 0'gent
E3 Addressee
so that we can return the card to you.
B. egad M printed Name) �
C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front If space permits.
D. Is delivery address; different from Ii,dn 17 17 Yes
If YES, delivery be
/ 1. ArticleAddressedto:
t eve todd ///(.1_ / /
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MAR 01 2016
3, Service Type ❑ Rony Mail ®
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❑ A ❑ Registered MaIlnl
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9590 9403 0309 5155 3750 08
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❑ Certified Mall Resmcted Delivery ❑ Return Reo 1pt for
2. Article Nuni mmncrnr Aw
❑ Collect on Delivery Merchandise
❑ Collect on Delivery Restricted Delivery ❑ Signature CanflmnetinnTM
❑ Signature Confirmation
,115 J 6 4 0 13002 2829 7704
❑ Insured Mall
❑ Insured Melt Reaalcted Delivery Restricted Delivery
_
over$50o
Domestic Return Receipt
Ps Form 3811, April 2D15 Pm 7530-02-ow-eow
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
o,srp��/
J c'7 CC, l r.I
II I IIIIII IIII III I I I I I I I I III II II II II IIII I I II III
9590 9403 0309 5155 3749 95
2. Article Number (transfer from service'met)
7015 0640 0002 2829 7711
Ps Form 3811, April 2015 Pm 7630-o2-000-goes
A.
❑ Agent
C. Date of Delivery
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D. Is YtlEaSliv,eww-ante
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3. Service pe dQtIl�tf' all Express® RECEIVED
❑ Adult Sign a R ��lJlstered Mail Resatcted
Mailm
D owff goad eablctgtl_Delivery MAR 01 2016
❑ Certified Mail® (/ livery
D CoNOed MaReturn Receipt fp
❑ collect on Delivery.' Merchandise ?
❑ Collect on Delivery Restricted Delivery 'Q Signature ConnnatonTM
❑ Insured Mail ❑Signature Confirmation ri - ;•a
❑ Insured Mall Restricted Delivery Restricted Delivery
(over$500)
Domestic Return Receipt
CCM WECEIVED
ILMINGTON, NC
Z011, .
Holley Snider
NC Division of Coastal Management
NC Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Holley,
/�/6 - Z a/h
Here are the completed applications and original drawings per your request. Also enclosed is a check
for the processing fee.
Thank you for all your help and guidance on this project. Please let me know what my next step should
be.
Regards �/
9�1�/
Steven Todd
704 293 5825
Todds4583@gmail.com
RECEIVED
MAR 01 2016
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NO
JAN 19 2016
I Ot-
Snider, Holley `
From: Snider, Holley
Sent: Thursday, February 18, 2016 8:59 AM
To: 'Steven Todd'
Subject: RE: Permit Application
Good Morning Steve,
I will need the physical green card. However, you may submit your application and send both green cards once you have
received them. I hope this information is helpful. Please feel free to call or email me if you have any questions or I may
be of assistance to you in any way.
Sincerely,
Holley Snider
Field Representative
NC Division of Coastal Management
NC Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: (910) 796-7215, Fax: (910) 395-3964
—/'Nothing Compares
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
Be Green - Don't print this e-mail unless required.
From: Steven Todd [mailto:todds4583@gmail.com]
Sent: Thursday, February 18, 2016 8:53 AM
To: Snider, Holley <holley.snider@ncdenr.gov>
Subject: Re: Permit Application
Hi holly
I am still waiting on postal receipt from one of the neighbors since they were on Vacation. I should have both
postcard receipts by the end of this week.
Can I scan and email the postal receipts to you or do you have to have the physical copy?
Thanks again for all your help.
RECEIVED
regards
MAR 01 2016
Steve todd
On Friday, Jan 29, 2016, Snider, Holley <holle .snid r D C M - M H D CITY
y January y y��ttcdenr.gov> wrote:
You may submit the postal receipts indicating that the application package has been sent by "certified mail
return receipt requested" to complete your application. You can mail in the green cards once they have been
returned. Have a great weekend!!
From: Snider, Holley
Sent: Friday, January 29, 2016 3:49 PM
To:'Steven Todd' <todds4583ggmail.com>
Subject: Permit Application
Good Afternoon Steve,
I have reviewed your application for a bulkhead at your property located at 421 60' Street in Sunset Beach. In
accordance with Form DCM MP-1 Number 6 f, you will need to submit "signed receipts as proof that the
adjacent riparian landowners have received a copy of the application and plats by certified mail. Such
landowners must be advised they have 30 days in which to submit comments on the proposed project to the
Division of Coastal Management." I have attached a copy of a letter you may use as guidance. Please feel free
to call or email me if you have any questions or I can be of assistance to you in any way.
Sincerely,
Holley Snider
., - . ><((((O> ...,, ><((((°>
Field Representative
NC Division of Coastal Management
NC Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: (910) 796-7215, Fax: (910) 395-3964
W
�NothingCornpares�.� RECEIVED
E-mail correspondence to andfrom this address MAR 01 2016
may be subject to the North Carolina Public DC NI- %I H D CITY
Records Law and may be disclosed to third parties.
N
CAMA P.ERM-17
APPLIED F
PROJ
APPLICANT:
Agen2l ISM bumeirs julu) Z97FT453-
ED
9
vil
THROUGH March 215,2016
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
MC 013&.Gf coasgaR Management
I= rard5raap Orr, Ext,
NIC 28405
ivSam Farreflo Fle9d
910-796-7424
NO T 1 (0*'$ ],?A
AMA PERMIT
APPLIE
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off Jiri
COMMENTS
APPLICANT:
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FOR
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910-796-7424
nal
NTACT
=10ER BELOW:
Coastal Management
ENVIRONMENTAL QUALITY
February 24, 2016
Steve Todd
6044 Bratton Place
Charlotte, NC 28277
Dear Mr. Todd:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for
development of your clients property located at 4216th Street, adjacent to a man-made canal, in the Town of
Sunset Beach, in Brunswick County. It was received complete on 02/22/16, and appears to be adequate for
processing at this time. The projected deadline for making a decision is 05/07/16. An additional 75-day review
period is provided by law when such time is necessary to complete the review. If you have not been notified
of a final action by the initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review. However, an additional letter
will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from February 22, 2016, 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.
Z
cerely, RECEIVED
MAR 01 2016
Holley Snid
Coastal Management Representative DCP,11_ L,?g-ID CITY
Enclosure
cc: Doug Huggett, DCM Debra Wilson, DCM
Heather Coats, DCM Richard Hathcock, Sunset Beach LPO
Tyler Crumbley, ACOE
—*:�othing Compares-7,,
State ofNoMh Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Fxt, Wilmington, NC 29405
910-796-7215
P-
PAT MCCRORY
Gowmor
DONALD R. VAN DER VAART
secretary
Coastal Management
ENVIRONMENTAL QUALITY
February 25, 2016
Advertising@starnewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for Steve Todd / Brunswick County
BRAXTON DAVIS
DIMdor
RECEIVED
MAR 01 2016
DCM— MHD CITY
Kyle & Heather: Please publish the attached Notice in the Monday, February 29, 2016 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to
payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of
Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by
credit card to the attention of Luke Skiera, Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Wilmington office.
mo
Heather Coats - WiRO
Doug Huggett -MHC
Tyler Crumbley — USACE
Michele Walker- DCM
Sincerely,
FJ �
Shaun K. Simpson
Permitting Support & Customer Assistance
Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that the following application was submitted for a development permit in an
Area of Environmental Concern as designated under the CAMA: On February 22, 2016,
Steve Todd proposed to construct a new bulkhead at 421 6th St., adjacent to a man-made
canal off Jinks Creek, in Sunset Beach, Brunswick County. A copy of the application can
be examined or copied at the office of Holley Snider, N.C. Dept. of Environmental Quality,
Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-
7270 during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to March 21, 2016 will be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modification may occur based on review and comment by
the public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
RECEIVED
MAR 01 2016
DCM- MHD CITY
Nothing Compares%„
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
MAJOR PERMIT FEE SCHEDULE
Steven Todd / Brunswick / $400 #6917
0
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
11. Public or commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$400
100%
$400
0%
$0
III. For development that involves the filling
and/or excavation of up to 1 acre of wetlands
and/or open water areas, determine if A,B, C,
or D below applies:
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.
490 see attached cannot be applied:
$400
60%
$240
40%
$160
IV. Development that involves the filling and/or
excavation of more than one acre of wetlands
and/or open water areas:
$475
60%
$285
40%
$190
RECEIVED
MAR 01 2016
DCM- MHD CITY
for
�S
Date
Received
Vendor
Ckack
Permit
Receipt or
Permit Number
41-16
Permit Class
NEW
STATE OF NORTHRROLINA
Department of Envi{onmental Quality
and
Coastal Resources Commission
/ Vermit
for
X Major Development in an Area of Environmental Concern
7Xpursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Steven & Kathi Todd, 6044 Bratton Place, Charlotte, NC 28277
Authorizing development in Brunswick County, adi. to a manmade canal off Jinks Creek, at
421 6`h Street Sunset Beach as requested in the petmittee's application dated 1/16/16, incl. attached
workplan drawings, Sheets 1-2 of 3, dated Received DCM Wilmington 3/28116? CNN'
This permit, issued on March 31, 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
G .-1, Bulkhead
uI, 9nt li-� a IW of V�r,J17r_, _/V/_/ ..
1) The bulkhead plan
dravvfrgs,shall not exceed a distance of two feet waterward of the existing bulkhead.
2) No backfrll material shall be placed within 30 feet of the normal high water line, except that which will
be used to backfrll the area behind the permitted bulkhead.
3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is
not authorized.
4) The bulkhead shall be constructed prior to any backfrlling activities.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2019 d
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of"DEQ and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Steven & Kathi Todd Permit No. 41-16
Page 2 of 2
ADDITIONAL CONDITIONS
5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure.
6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or
other suitable materials approved by Division personnel.
7) All backfill material shall be clean and free of any pollutants except in trace quantities.
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed
immediately landward of the bulkhead cap immediately following completion of backfrlling activities.
General
10) No vegetated wetlands shall be excavated or filled, even _temporarily, outside of the area depicted on the
attached workplan drawings.
11) 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.
12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
depend a no au orized within 30 feet of the norm -high-water level.
NOTE: The-K.-C. Division of Water Res_ ources ha_s authorized t_he proposed project under
No. 16-0762.
NOTE: The U.S. Army
assigned this project Action ID No. SAW-2016-00551.
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.
Huggett, Doug
From:
Coats, Heather
Sent:
Wednesday, March 30, 2016 2:29 PM
To:
Huggett, Doug
Subject:
Todd draft permit
Attachments:
Steven Kathi Todd. 41-16.docx; todd revised plans.pdf
Attached along with the revised drawings for your review
Thanks again!
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather. coatsaa ncdenr.00v
127 Cardinal Drive Extension
Wilmington, NC 28405
ffla
IOU- --�Nothing Compares-�,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Coats, Heather
From: Steven Todd <todds4683@gmail.com>
Sent: Monday, March 28, 2016 10:30 AM
To: Coats, Heather
Subject: Re: Steve todd and 421 6th street
Ok heather you can make the change. I will be back tonight and try to make the other adjustments you asked.
Thank you
On Monday, March 28, 2016, Coats, Heather <heather.coats(a ncdenr.Qov> wrote:
Good morning,
Thanks for the quick response! Did you change the first drawing as well? I only received Sheet 2 of 3 in the attachment.
And it looks like the Drawing/Sheet number was added after your copy of that drawing was made. Can you please add
the Sheet number (2 of 3), or allow me to add it by replying to this email with your authorization to make the change
and also send me an revised Sheet 1 (It's the plan view that shows the adjacent bulkheads and canal and also a side
view drawing at the bottom of the sheet). We reference the drawings in the permit, which is why we need them to be
numbered and dated. And I'm still waiting to get comments from a couple more people, but hope to have them in the
next couple days and then to get everything finalized this week.
Thanks again! Please let me know if you have any questions.
All the best,
Heather
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather. coats aancdenr.gov
127 Cardinal Drive Extension
Wilmington, NC 28405
LI I T..
Nothing Compares..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Steven Todd [mailto:todds4583@amail.comj
Sent: Sunday, March 27, 2016 6:22 PM
To: Coats, Heather<heather.coats@ncdenr.gov>
Subject: Re: Steve todd and 4216th street
Hi Heather,
Per our conversation last week, I have modified the drawings attached to show a water ward design 2' rather
than 5'. they are corrected on both sides of the drawing and initialed by me.
Can you let me know about approvals this week at your convenience please?
thanks very much.
Steve Todd
704 293 5825