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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 t ;a' ,r 9� t� ...,» �.._� N rf �.. �,.� � iM...� �� '�k , 4 111 F•��`�'��. �`' "� �.M ��1 4 wLL-_— T�----- RECEIVED APR 0 4 2016 DCM IT GARS SEA 2920 , k Received j MAR 2 8 2016 12 t 1BPUNNERASSOCS. INC. got SHORELINE DRIVF'WEM' SUNSET BE&GII, NC 28468 9to-571-()799 t, triiUv , f� s SEAL zazos -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 �� z ar W11)ve- �W("S 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 a (WI w4vi R-119 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 p lPA-1Ci1� 6 ItJC�r {(VI{1 I�j tC � y' �vlE•'1�1�ww+�YL� Ot �kl`�i �N��jL.1,k.N-tip iti I�JJarL�SS 313p/16 Sai T13 tbu.eY tine Fi'WL Y?xV,air, 3P.)Vib 'P LC eev,r iT C%.J inoNiS w/ Pat& , RECEIVED APR 0 4 2016 DCM- MHD CITY JII Cj 0, I< i ;,,�%o a ,s �� 'Receive MAR 218 1016 - SEAL 2526 tE r Received;, �MAR`2°S 201fi a--., DCM U min o' 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 l! 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 �iLoP t3'GKf1'D� WAS 4-o y S�Ac-E I AXrA APl&�tAoX, 2 a t*x Sal V NYL. lnt Hpr r �NCARO��' 1 SEAL 29208 � = 1 I I ; F� •-FNGiNE� ����`` 7o pp t2'eS1D'owdE yS uiv sC//. RECEIVED DCM WILMINGTON, NC ,JAN 19 2016 N i V) RAEW 5 rA-1Rs Dw N, V P'PCX r-Nty 1/lAvYG jdLAi-lD, SEAL 29208 G • BRUNNERASSOCS. INC. got SHORELINE DRIVE WEST e — s ' 0 SUNSEC BEACH, NC 2846E yoZ! 617,y ST 3G,(i, 3 0<of IN !VEVV A--ltii GA A -DE i/ c � !E-2g17 4r-ILA-AE LIA10E p A 10 yx 4- P.T W101/*44IF/ts co , veAP RAAJ V/NAG 13�� /4-fvPL/AvF f /Ifl v, v el a w MuD 4IAoo sc.4/e 1 BRUNNER ASSOCS. INC. 9o1 SHORELINE DRIVE NEST SUNSET BEACH, NC 28468 910-575-6799 S II!_fLHEafl . •Z/ �77& ST. Su-ou, e<H, Av; CAR O OQ'.-FESsip'l< SEAL = 29208 = NGINS a 6 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 ENShoCegc r 5 n 1 to 01 s w a n o- n W a p S co G v r G W O- D S fi S fi s r X RECEIVED kllAR 01 2016 DreM- MHD CITY 421 6th St Sara\ D� Cooper's Sunrise West Side ■ cP (n 1177 3 U r N 421 6th St 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 I (4ob!% &4=0 unse+Beau,. Lookin j Norte, 0 Y44 I;rsv 01�4 cwntZ 0 'PS Alz 914 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_ / / /r 4rT�.l �/✓ ante address ow 0 No r .c i RECEIVE /007 IFP14s111e.1 MAR 01 2016 3, Service Type ❑ Rony Mail ® II IIIIIII IIII (IIII I II I II Iil ll II II I III II I II I III ❑ A ❑ Registered MaIlnl ❑ Adult Signature Readded Delivery ❑ Reylstcved Mall Restricted 9590 9403 0309 5155 3750 08 Certified Mal® DeWery ❑ 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 Z-I2-fE, D. Is YtlEaSliv,eww-ante ljy� e��LLiiel[3[ No FE&MAVE 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 linear wetlan off Jiri COMMENTS APPLICANT: A FOR WU= ' I IIIII.- 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