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DEN 16-05 McCoy
Coastal Management ENVIRONMENTAL QUALITY October 19, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED Sharon & Steven McCoy PO Box 640 Litchfield, CT 06759 Dear Mr. & Mrs. McCoy: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director This letter is in response to your application for development under the Coastal Area Management Act (CAMA), in which authorization was requested to construct a single-family residence with associated development adjacent to Bald Head Creek, at 29 Tanbark Court, in Bald Head Island, Brunswick County. Processing of the application, which was received as complete by the Division of Coastal Management's (DCM) Wilmington Office on August 1, 2016 is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 1) The subject property is located adjacent to Bald Head Creek and is not located within a Primary Nursery Area (PNA), as designated by the North Carolina Marine Fisheries Commission. 2) The proposed project would be located within the Coastal Wetland Area of Environmental Concern (AEC), but would not impact the Estuarine Shoreline, Estuarine Waters and Public Trust ABCs. 3) An existing bulkhead currently stabilizes the shoreline of the property. 4) The proposed project would fill 235 square feet of Coastal Wetlands in association with the construction of a proposed single-family residence and associated retaining wall. The footprint of the proposed house would directly result in the filling of 129 square feet of Coastal Wetlands. An additional 106 square feet of Coastal Wetlands fill would be filled to construct the proposed retaining wall. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 252-808-2808 October 19, 2016 .-Page 2 5) During the joint State and Federal review of the permit application package, the DCM Fisheries Resource Specialist recommended that the house be redesigned to avoid the filling of Coastal Wetlands. 6) Based upon the above referenced findings, the Division has determined that the proposed project is inconsistent with the following Rules of the Coastal Resources Commission pertaining to the Use Standards of Coastal Wetlands: a) 15A NCAC 07H.0205(d), which states: "Suitable land uses are those consistent with the management objective in this Rule. First priority of use shall be allocated to the conservation of existing coastal wetlands. Secondary priority of coastal wetland use shall be given -to those types of development activities that require water access and cannot function elsewhere. Unacceptable land uses include restaurants, businesses, residences, apartments, motels, hotels, trailer parks, parking lots, private road, highways and factories. Acceptable land uses include utility easements, fishing piers, docks, wildlife management activities, and agricultural uses such as farming and forestry drainage as permitted under North Carolina's Dredge and Fill Law, G.S. 113-229, or applicable local, state,'and federal laws." b) 15A NCAC 07H .0208(a)(1), which states: "Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches." Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or local land use plans. If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial letter. A copy of this petition should be filed with this office. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 252-808-2808 ■ 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: L16 IIIIIIIIIIIIIIIIIIIIIIIIIII'III IIiII IIiIIIIIII 9590 9402 1529 5362 7369 20 3150 0003 9918 3034 r SignaN Agent ❑ Addre I, RecaNed by (P . Date of Dell I. Is=EC Yes IfNo service DB .. n 7=MaII Fmra¢ ❑ Certified Mail Restricted Delvery �r,�,�,@ru ❑ Collect on Deli,p� (� �/t rH0'lef^'�K ❑ Collect on DaIIv Abe 9na oMinna ❑ Insured Mail ❑ Signature Conflrma 0 Insured Mail Restricted Delivery Restilcted Delivery USP_STMCM #.. t-'-5�^F`•- ���'�"+'�'= First -Class Mail 111 I II III Postage &Fees Pafd Pe ms No. C-10 9590 9402 1529 5362 7369 20 United States Postal Service • Sender. Please print your name, N.C. Division of Coastal Management 400 Commerce Ave. Morehead City, N.C. 28557 flU : Lz) � I+bIIIlUhari�t�d�IdI�+II��►hl�ntl�l��l�+�,�Irq�gii1Pd! CERTIFIED MAIL,n, RECEIPT (Domestic Mail ONy; No Insurance Coverage Provided) W—uSPsTRAcrjNG# 9488817898203139010188 Postage I IS Certified Fee I Postmark Retum Re ie" Fee (Endorsement Required) Here Resmded Delivery Fee (Endorsement Required) Total Postage & Fees ru o ----`-----_p----------------------------------- M1 orree6 Mr. N. -a "e� (ate ar PO box No. ,. --ry State .................._...___-.-------------- ...._.--.--.-........._. City, Sfafe, Cerlified Mail Provides: (enema) a003 eunr•OOe6 uue=I 3d • A mailing receipt ■ A unique Identifier for your mailplece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mall, ■ Certified Mail is not available for any class of International mall. • NO INSURANCE COVERAGE IS PROVIDED with Certified ptall. For valuables, please consider Insured or Registered Mail. • Form additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Rehm Receipt service, please complete and attach a Rehm Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece -Return Receipt Requested'. To receive afee waiver for a duplicate return receipt, a USPSa postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery'. ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. if a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery informaplon is not available on mail addressed to APOs and FPOs. 1 October 19, 2016 Page 3 - - Another response to a permit denial available to you is to petition the Coastal Resources Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal Resources Commission. Applying for a variance requires that you first acknowledge and recognize that the Division of Coastal Management applied the Rules of the Coastal Resources Commission properly in processing and issuing this denial. You may then request an exception to the Commission's Rules based on hardships to you resulting from unusual conditions of the property. To apply for a variance, you must file a petition for a variance with the Division of Coastal Management Director and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the project and the reasons for requesting a variance. The variance request may be filed at any time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request to be eligible to be heard at that meeting. The standard variance forms may be obtained by contacting a member of my staff, or by visiting the Division's web page at: httn://deq.nc. gov/about/divisions/coastal-management/coastal-management-permits/variances- anpeals Members of my staff are available to assist you should you desire to modify your proposal in the future. If you have any questions concerning this matter, please contact Ms. Heather Coats at (910) 796-7302. Sincerely, Braxton C. Davis cc: U.S. Army Corps of Engineers, Wilmington, NC OCRM/NOAA, Silver Spring, MD Land Management Group, Inc. Wilmington Files/ Morehead City Files State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 252-808-2808 Coastal Management ENVIRONMENTAL QUALITY October 14, 2016 Ms. Kim Williams Land Management Group, Inc. 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Dear Ms. Williams: Pam' PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director This letter is with reference to your application for a Coastal Area Management Act Major Development permit, acting as agent for Sharon & Steven McCoy, to undertake development activities at property adjacent to Bald Head Creek, at 29 Tanbark Court, in Bald Head Island, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S.113A-122(c) which would make December 29, 2016, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. Sincerely, Heather Coats Assistant Major Permits Coordinator cc: Wilmington/MHC Files RECEIVED Tyler Crumbley, USACE Chad Coburn, DWR OCT 19 Z016 DCM- MHO CA" i Y State of Noah Carolina I Environmental Quality I Coaaml Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DCM Coordinator: Permit #• MAILING DISTRIBUTION SHEET V na Agents: I`-Im DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: Water Quality: Washington: Wilmington: DEMLR: Washington: Wilmington: Wildlife Resources LPO: rhQnc/Horn?n-r r 3 -r>S u/r:yhi, v,Ile 4vP ' S,,k /S with If?,; work plan drawiings) Raleigh Bland Josh Pelletier William Westcott (NC DOT) Bill Biddlecome (NC, DOT) s ea) 1t *ft' -6 `rMICA� by Cer+ vh�. I ✓/' P_P Ce11- Tyler Crumb] Liz Hair � o Renee Gledhill -Early or (environmental.review@ncder.gov) Heidi Cox (WIRO) Joey White (WARD) Shane Staples Gregg Bodnar Ben Hughes v", Shannon Jenkins Tim Walton Karen Higgins (Raleigh) ✓ John Hennessy (NC DOT) Anthony Scarbraugh — 401 Robb Mairs — 401 ✓ Chad Coburn - 401 Scott Vinson - Stormwater Georgette Scott - Stormwater Maria Dunn ✓ Fax Distribution: Permitee Agent #:_ rt_ Coastal Management ENVIRONMENTAL QUALITY August 12, 2016 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office PAT MCCRORY Gooemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS D;reomr 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: 395-7302 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan & Steve McCoy Project Location: 29 Tanbark Ct., adjacent to Bald Head Creek, on BHI, Brunswick Co. Proposed Project: Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: IK 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 #\ " 2 d-t 9 10-y DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-7%-7215 Coastat Management ENVIRONMENTAL QUALITY August 12, 2016 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office PAT MCCRORY Governor DONALD R. VAN DER VAART Secrerary BRAXTON DAVIS Director lj(z 14 a , FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenroov Fax: 395-7302 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan & Steve McCoy Project Location: 29 Tanbark Ct.; adjacent to Bald Head Creek, on BHI, Brunswick Co. Proposed Project: Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. SIGNED This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATEDv RECEIVED DCM WILMINGTON, NC AUG 2 2 20% State of North Carolina I Environmental Quality i Coastal Management 127 Cardinal Drive E.t , Wilmington, NC 28405 910-796-7215 kX PAT MCCRORY Govemar Coastal Management ENVIRONMENTAL QUALITY August 12, 2016 TO: FF(OM: DONALD R. VAN DER VAART Secretary ECEIVE AUG 12 2016 BY'.__------- Georgette Scott Stormwater Section DEMLR - WiRO BRAXTON DAVIS Dtrecmr Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coats(o)ncdenrgov Fax: 395-7302 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan & Steve McCoy Project Location: 29 Tanbark Ct., adjacent to Bald Head Creek, on BHI, Brunswick Co. Proposed Project: Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: _t�L This agency has no objection to the project as proposed. I0f- CCVerect .SG() $ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED (�{� 6&cG DATED ?— 22— 2o1�J RECEIVED DCM WILMINGTON, NC AUG 2 4 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Sharon and Steve McCoy PROJECT NAME: McCoy BH w/fd l and SFR COUNTY: Brunswick LOCATION OF PROJECT: 29 Tanbark CL, adjacent to Bald Head Creek, on Bald Head Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-1-16 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: MacPherson DISTRICT MANAGER REVIEW: .0-,.C— ,D_tZ" B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 8-17-16 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: 8-12-16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON kve (I��C3� FEE REC'D: 533844936 END OF NOTICE DATE: 9-3-16 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 9-3-16 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission LocalPermit Office Division of Marine Fisheries / DCM Corps of Engineers AUG 16 2016 DCM- MHD C;i T Y NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIW W Fee:$400 #238 CDAITS MHC cc Applicant: Sharon & Steve McCoy Agent/Contractor: Land Management Group do Kim N711fams Project Site County: Brunswick Staff: MacPherson District: Wilmington Project Name: 29 Tanbark Ct SFR Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 6-16-16 Date application 'received as complete' in the Field office: / SITE DESCRIPTION/PERMIT INFORMATION ., ORW: ❑Yes No PNA: ❑Yes Thlo Photos Taken: Yes No❑ Setback Required (riparian): []Yes EAO Critical Habitat: LJYes ❑No YTot Sure 15 foot waiver obtained: ❑Yes FIN o Hazard N ification Returned: ❑Yes Dlp SAV: E3Yes No ❑Not Sure Shell Bottom: UYes No ❑ Not Temporary Impacts: PYes ❑No Sure Sandbags: ❑Yes o ElNot Sure Did the land use sification come i gation Required (optional): from county LLIP: Res []No as []No Moratorium Conditions: Environ tal Assessment Done: Lend of Shoreline: ( J []Yes hlo ❑NA []Yes VNo ❑NA 1.,_ FT1�VH' A ' V Shellfish Area Designation: Project Description: (code) Development Area: (code) pen r- Closed , O SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I El Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED v ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh corograss (Spartina El (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Sall or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spiceta) ) ❑ (JR) Black needlerush (Junats SP) Salt/meadow grass (Spartina roemedanus) atens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 ❑ 111(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit -$250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ II I(B) Public or commercial w/ D&F to 1 C1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 RECEIVED ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv,. public or Comm w ID&F to 1 acre; 3490 can be applied; DCM needs AUG 16 2016 DWQ agreement - $400 DCM- MHD CITY S. McCoy / SFR w/fill Date: 6-16-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One 1 New Work Repla Maint, aint ❑ ❑ Y N 1 l(J New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ I ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total inciudes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Dredge ❑ Fill Both ❑ Other ❑ �. ttiaw� .� Dredge ❑ Fill ❑ Both ❑ Other ❑ 14D� d Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ - Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ a Dredge Cl Fill ❑ Both ❑ Other ❑ P Dredge ❑ Fill ❑ Both ❑ Other ❑ oco- W1. 919-733-2293 :: 1.888.4RCOAST :: www.nccoastalmananement.net revised: 10/12/06 MAJOR PERMIT FEE SCHEDULE McCoy / $400 #238 / BR Co DCM % DWQ % Development Te Fee 14300160143510009316256253 2430616024351000952341 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% $0 111. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below 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 I II(C). If General Water Quality Certification No. 490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED AUG 16 2016 DCM- MHD CITY RECEIVED AUG 16 2016 DCM- MHD CITY Recommendations for State Permit — Sharon and Steven McCoy It is the staffs recommendation that the proposal to fill Coastal Wetlands and construct a new vinyl retaining wall waterward of an existing timber retaining wall in order to enlarge the building footprint for a private residence appears to be INCONSISTENT with the Rules of 15 NCAC 711.0205 (d) Use Standards for Coastal Wetlands which states "suitable land uses shall be those consistent with the management objective in this Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere." The applicant is proposing to fill approximately 129 sq. ft. of Coastal Wetland fill and 106 Sq. Ft. of joint Coastal/Section 404 Wetlands. RECEIVED AUG 16 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Gommor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dnvc r August 12, 2016 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Brunswick County Major Public Notice Combo: • Sharon & Steve McCoy • Town of Ocean Isle Beach Kyle & Heather: Please publish the attached Notice in the Wednesday, August 17, 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. cc: Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett -MHC Tyler Crumbley — USACE RE♦i; E,r VF D Sarah Young- DCM AUG 16 2016 DCM_ V IND`e f Y state of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., 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 I I3A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern in Brunswick County as designated under the CAMA: On July 26, 2016 the Town of Ocean Isle Beach proposed to obtain state authorization of a 30 year management plan to continue beach nourishment along approx. 5 miles of beachfront, adjacent to the Atlantic Ocean, in the Town of Ocean Isle Beach; and on August 1, 2016, Sharon and Steve McCoy proposed to construct a single-family residence and install a retaining wall, resulting in the felling of Coastal and Section 404 Wetlands at 29 Tanbark Ct., adjacent to Bald Head Island Creek, on Bald Head Island The applications can be examined or copied at the office of Tara MacPherson (McCoy), or Sean Farrell (Town of OIB), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) 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 September 3, 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 AUG 16 Z016 State of Noah Carolina J Enviromnrnfal Quality I Coastal Management DCM- MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Sharon and Steve McCoy 2. LOCATION OF PROJECT SITE: 29 Tanbark Court, Bald Head Island, NC Photo Index- 2006: 1-6155, M-7, 8 2000: 1-8, L-8 1995: 1-8, M-4 State Plane Coordinates - X: 2304301 Y: 48387 Lat: 33°52'43.74" N Long: 77°59'50.86" W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—6/28/16 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 6/16/16 Complete- 8/1/16 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Bald Head Island Land Classification From LUP — Conservation (B) AEC(s) Involved: ES, CW, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment:Existing — None Planned - None (F) Type of Structures: Existing — Retaining wall Planned —Single Family home with detached garage and associated retaining wall (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: I [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh 129 sq. ft. Low marsh (B) Section 404 Wetlands 106 sq. ft. (joint) (C) Other 2,600 sq. ft. High Ground (D) Total Area Disturbed: 2835 sq. ft. .07 acres (E) Primary Nursery Area: No (F) Water Classification: SA/HQW Open: Yes PROJECT SUMMARY: The applicant is proposing to construct a single family residence with a detached garage and to install approximately 50 linear feet of retaining wall resulting in the filling of Coastal and Section 404 Wetlands. RECEIVED AUG 16 2016 DCM- MHD CITY Sharon and Steven McCoy Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 29 Tanbark Court, adjacent to Bald Head Creek on Bald Head Island, Brunswick County. Directions from Bald Head Marina: travel south on Marina Wynd Road to Keelson Row. Turn left onto Keelson Row and travel less than 1 mile to Tanbark Court. Turn right on Tanbark Court and the vacant project site, which is between a residence and a vacant lot, will be on the left. The project site is adjacent to Bald Head Creek and is a single lot measuring approximately 50 feet in width by approximately 70 feet in depth. The elevation of the high ground area of the lot averages approximately 5 feet above normal high water (NHW). High ground vegetation consists of grasses and woody shrubs. The high ground of the project site is a vacant lot with an existing retaining wall that extends towards the high ground in a v-shape in the middle of the lot. A large expanse of Coastal Wetlands, consisting of Glasswort (Salicornia sp.) and Salt Meadow Grass (Spartina Patens) are present waterward of the existing retaining wall. Normal High Water is approximately 100 ft. to the east of the face of the existing retaining wall. The project site is bordered by Section 404 and Coastal Wetlands adjacent to Bald Head Creek to the north, a vacant lot to the east, Tanbark Court to the south and a private residence to the west. No known archaeological sites are within the project vicinity. The Bald Head Island 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 Bald Head Creek are classified SA/HQW by the Division of Water Resources and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant is proposing to construct a single family residence with a detached garage and to install approximately 50 linear feet of retaining wall resulting in the filling of Coastal and Section 404 Wetlands. The applicant is proposing a new single family home and is requesting a new straightened linear retaining wall in order to enlarge the building footprint for a private residence which will result in wetland fill. According to the applicant, approximately 233 square feet of Coastal Wetlands and Section 404 Wetlands will be impacted, consisting of 129 sq. ft. of Coastal Wetland fill and 106 Sq. Ft. of joint Coastal/Section 404 Wetland fill. The retaining wall backfill would impact Coastal Wetland species consisting primarily of Glasswort (Salicornia sp.) and Salt Meadow Grass (Spartina patens) and would be located approximately 120 ft. from Normal High Water (NHW). As proposed, the retaining wall alignment would be positioned 5 ft. waterward of the proposed total 3500 sq. ft. single family residence with detached garage (See sheets 4 and 5). The house structure is proposed with an approximate house footprint of 1496 sq. ft. and a garage footprint of 240 sq. ft. with a total of 1,815 sq. ft. of impervious surface that is outside of the 75 ft. Estuarine Shoreline Area of Environmental Concern (AEC). According to the applicant, a variance request to the Bald Head Island Harbour Architectural Review Boards to reduce the front setback to avoid wetland impacts was denied (see Narrative and Attachment A). The applicant further states that providing a 5 ft. buffer between the retaining wall and the house structure is recommended per guidance from a structural engineer (see Narrative and Attachment B). The applicant proposes mitigation for wetland impacts by purchasing 0.1 acres of riparian wetland credits from the Lower Cape Fear Umbrella Mitigation Bank (see Narrative and Attachment C). A letter of objection regarding wp 'f��aceived from Mr. John and Ms. Lena Eldridge on July 14, 2016 (Attached). ,, `` AUG 16 2016 11. ANTICIPATED IMPACTS The proposed new retaining wall with associated backfill and tie back/anchor sys 4TdWt n Re fillYg of approximately 233 square feet of Coastal Wetlands which consists of 106 sq. ft. of Joint Section 404/Coastal Wetlands. Coastal Wetlands impacted would include Glasswort (Salicornia sp.) and Salt Meadow Grass (Spartina Patens), located above NHW. The proposed retaining wall construction would be located approximately 5 ft. from the proposed 3500 sq. ft. residence with a total of 1,815 sq. ft. if impervious surface outside of the 75 ft. Estuarine Shoreline AEC. Submitted by: Tara MacPherson Date: August 12, 2016 Office: Wilmington Project Narrative Revised July 2016 29 Tanbark Court Harbour Village Bald Head Island, North Carolina I. Introduction The lot located at 29 Tanbark Court is part of the Harbour Village Planned Development District (PD- 1) of Bald Head Island. Planned Development 1 District is established as a district in which the principal use of the land is for dwellings. It is the intent that this district encourages the construction and continued use of the land for single family residential dwellings. This district is intended to continue the use of and enjoyment of the lighthouse, golf course, tennis courts, property owner's clubhouse and other leisure activities and their attendant uses. Furthermore, this district benefits by having all lots adjacent to common areas which are to be enjoyed by all property owners or limited common areas which are necessary to serve a few adjoining lots. Uses of this district preclude any commercial or trade activity except that associated with a golf course or private clubhouse; and limited activities attendant to an inn facility. It is the intent of this district to preserve and protect as much as possible the natural environment by minimizing lot coverage and maximizing common areas and open spaces (VBHI Zoning Ordinance, rev. October 21, 1995). Given the small lot size and the required setbacks and architectural controls guiding single-family house construction within this planned development district, the viable building footprint of Lot 29 is significant] yr6gJi6yrajJ IED II. Existing Conditions AUG 16 2016 Lot dimensions are approximately 70-ft deep by 50-ft wide (total lot area = 3J)0W-pMW0eDTY Cavedo (PLS) on survey plat dated 3/16/16). The lot lies within the 100 year floodplain (Zone VE based upon FIRM dated 10/16/08). Under the preliminary DFIRM, the lot is within the FEMA- designated AE Zone (AE-9). The site is located adjacent to Bald Head Creek, a tributary of the Lower Cape Fear River (HUC 03030005). Both the Section 404 and the coastal wetlands were delineated by staff of Land Management Group, Inc. (LMG) on December 30, 2015. Mr. John Policarpo, Project Manager for the U.S. Army Corps of Engineers (USACE), provided a verbal confirmation of the flagged 404 wetlands on March 11, 2016. The coastal wetland line was originally reviewed and approved in the field by Mr. Stephen Boyett, the CAMA Local Permit Officer (LPO). However, the location of the coastal wetland line was later revised by Ms. Tara MacPherson with the NC Division of Coastal Management. The site plan figures have been revised to reflect this change. The mean high water line appears to be located approximately 120 feet to the east of the lot, adjacent to Bald Head Creek. Both freshwater and coastal wetlands are located along the lot's northern property boundary. Wetlands support sea oxeye (Borrichio frutescens), cordgrass (Sportina patens), and glasswort (Solicornia depressa). Uplands within the site support eastern red cedar (luniperus virginiana), live oak (Quercus virginiana), yucca (Yucca glorioso), and cat briar (Smilax bona-nox). III. Proposed Project The applicant proposes to construct a two-story, single-family home, small garage, and a retaining wall with the lot. The home will be constructed on pilings to meet FEMA flood zone requirements and will utilize a minimum piling size of 8" in diameter. The retaining wall will be positioned 5' from the house structure. Total area of disturbance within the lot will be approximately 2,600 square feet, and the overall impervious area will be 1,815 square feet. Water service and sewer service will be provided by the Village of Bald Head Island. Standard construction metwtt.1�l Cux" .uring construction of the pilings and house. VV CC AUG 16 2016 IV. Environmental Impacts pCM_ MHD CITY The applicant proposes to fill a total of 2 sf of freshwater wetlands and 104 sf of joint 404/coastal wetlands, and 129 sf of coastal wetlands for the construction of a retaining wall and residence. V. Avoidance and Minimization The applicant has attempted to avoid and minimize wetland impacts as much as possible. However, the lot is small in size and there are few options to minimize impacts. The applicant attempted to obtain a variance from the BHI — Harbour Architectural Review Board to reduce the front setback from 15' to 8' - 9" and to connect the house directly to the garage in order to avoid wetland impacts, but this request was denied (Attachment A). Also note that the proposed retaining wall cannot safely be situated any closer to the proposed house than depicted in the site plan. Per guidance from a structural engineer (Attachment B), this distance is needed to ensure that neither the new retaining 2 wall nor the new structure interferes with each other and so that the house loads are not transferred to the retaining wall. Installing the building pilings too close to the retaining wall can cause liquefaction of the soil under the wall, compromising its structure and increasing the chances of sinkholes and water runoff into the wetlands in the future. If pilings are installed too close to deadmen or the edge of the retaining wall, the bearing capacity of the pilings and/or retaining wall structure is reduced. Providing a 5' buffer between the face of the retaining wall and the face of the building improves the integrity of both structures. Additionally, this open area will naturally absorb runoff and carry water away from the retaining wall to the street, allowing runoff to be filtered before being discharged into the groundwater. VI. Mitigation The applicant proposes to mitigate for these impacts by purchasing 0.1 acre of riparian wetland credits from the Lower Cape Fear Umbrella Mitigation Bank (Attachment Q. The LCFUMB includes tidal marsh as one of its habitat types. Therefore, the mitigation is in -kind. RECEIVED AUG 16 2016 DCM- MHD CITY RECFIVcL' ��G 1iV 3 DCM MP-1 APPLICATION for Major Development (last revised 12/27/06) Permit North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) 29 Tanbark Court Applicant 1: First Name Sharon MI Last Name McCoy Applicant 2: First Name Steven MI Last Name McCoy If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 640 city Litchfield State CT ZIP 06759 Country USA Phone No. - ext. FAX No. Street Address (d different from above) City State ZIP Email 2. Agent/Contractor Information Business Name RECEIVED Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name A U G 16 2016 Kim C Williams Agent/ Contractor 2: First Name MI Last Name DCM- M H D CITY Mailing Address PO Box City State 3805 Wrightsville Avenue; Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. ext. FAX No. Contractor # 910 452 0060 Street Address (if different from above) City State ZIP Email kwilliams@lmgroup.net RECEIVED UUM PAILC411Wi!vIN, rv� <Form continues on back> AUG 01 2016 252-808.2808 :: 1.888.4RCOA51' nrww.nccoastalmanagement.net form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 29 Tanbark Court Subdivision Name city State Zip BHI Harbour Bald Head Island NC 28461 - Phone No. Lot No.(s) (d many, attach additional page with list) ext. L-29, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cast T—An Bald Head Creek 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 Cape Fear River 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. Bald Head Island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) None 3,495 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 3,495 at, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0-5' ®NHW or ❑NWL e. Vegetation on tract Coastal Wetlands: Borrichia frutescens, Spartina patens, and Salicomia depressa Uplands: Juniperus virginiana, Quercus virginiana, Yucca gloriosa, Smilax bona-nox f. Man-made features and uses now on tract KhCEIVED- Undeveloped and vegetated; One existing retaining wall in uplands AUG 16 2016 g. Identity and describe the existing land uses adiacent to the proposed project site. DCM- M H D C IT Undeveloped or residential It. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> KLC c DCM WILPA!NGTCN, NC AUG 01 2016 252.808-2808 :: 1-888-4RCOAST :: www. nccoasta l management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. No existing wastewater treatment facilities on site. o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. No existing stormwater treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant plans to construct one single family home, garage, and retaining wall on lot. 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. House pad will be cleared and graded. Retaining wall will be constructed and fill material will be brought to site to level building pad out. Pilings and utilities will be installed; house will be constructed. Equipment to be stored on upland portion of property during construction. d. List all development activities you propose. To construct one single-family house, garage, and retaining wall. RECEIVE[ AUG 16 2016 e. Are the proposed activities maintenance of an existing project, new work, or both? New work - D MMHD f. What is the approximate total disturbed land area resulting from the proposed project? — 0.06 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. The applicant proposes to fill a total of 129 sf of coastal wetlands, 104 sf of joint coastal/404 wetlands, and 2 sf of freshwater wetlands for the construction of a retaining wall and house. Stormwater runoff will be treated per County requirements. i. Will wastewater or stormwater be discharged into a wetland? ❑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. RECEIVED HIN14`1YNI <Form continues on back> IV,' 0 %111f. FY 252-808.2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addidlonallnfonnadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. 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 John C & Lena F Eldridge Phone No. Address 364 3r Avenue Drive NW; Hickory, NC 28601 Name Lelia J Farr Revocable Trust Phone No. Address 1 Fair Oaks Drive; St. Louis, MO 63124-1514 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A It. Signed consultant or agent authorization form, W 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. Certification and Permission 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 It at the information provided in this application is truthful to the best of my knowledge. Date '1V Zatb Print Name K:v� j,. O k� k vv.S - La d 4A„k� -0 �^A Or" LLr + Signature C�TjJ 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 REC-IVED ❑DCM MP-4 Structures Information RECEIVED DCM VVI! fA NGTCN, NC AUG 16 2016 252.808.2808 :: 1-888.4RC0A .. w cc a stalmanagement.net w 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 Depth NA NA Final Project Depth NA NA 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 wetlandstmarsh (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 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 ❑NA (ii) If no, attach a letter granting permission from the owner e. (1) Does the disposal area include any coastal wetlands/marsh (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: d. High -ground excavation in cubic yards. RECEIVED AUG 16 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? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED DCR4 WILPA!NGTCN, NC AUG 01 9016 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Strictures) a. Type of shoreline stabilization: b. Length: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead badkfill Riprap Breakwater/Sill Other i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (III Amount of material to be placed in the water None (iii) Dimensions of fill area Retaining Wall: 374 St. (iv) Purpose of fill To install a retaining wall and house within the lot. a. How will excavated or fill material be kept on site and erosion controlled? Silt fencing will be used until retaining wall is constructed. 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. --�'124I2o Date RECEIVED 29 Tanbark Court; BHI Project Name AUG 16 2016 submerged aquatic vegetation (SAV), Shell bottom (513), Or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW 233 ❑SAV ❑SB OWL 106 ❑None (ii) Describe the purpose of the fill in those areas: To construct a retaining wall and house within the lot. b. What type of construction equipment will be used (e.g., backhoe, or hydraulic dredge)? Pile driver; other standard construction equipment d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA III) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Sharon and Steven McCoy Applicant Name Applca�re RECDVED 0 DCM WIL FA!NLTCN, NC DCM- MHD CITY 252-808-2808:: 1-8884RCOAST::v .necoastalmanagement.net revised: 12/26/06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 One single-family house on pilings, garage, and retaining wall c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed induding roads, acre). ditches, etc. one unit per 0.08 acre — 2,600 sf e. If the proposed project will disturb more than one acre of land, the I. List the materials (such as mad, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing Treated decking on joists and stobs engineered to support activity begins. the weight of golf carts for the driveway; concrete for house (i) If applicable, has a sedimentation and erosion control plan been pad; fiberglass shingles for roof. submitted to the Division of Land Resources? ❑Yes ❑No ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to h. be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 3% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 52% j. Describe proposed method of sewage disposal. Tie into municipal system I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down' and residential discharges). 2 sf of 404 wetland impacts; 104 sf of joint 404/coastal wetland impacts, and 129 sf of coastal wetland impacts; stormwater runoff will be treated per BHI requirements. Projects that require a CAMA Major Development Permit may also require a Stornwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? []Yes ®No ❑NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? []Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? []Yes ®No ❑NA If yes, attach appropriate documentation. RECEIVED AUG 16 2016 252.808.28082 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/08 'Font DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) BHI water supply o. When was the lot(s) platted and recorded? -�/ZR)U(b Date 29 Tanbark Court; BHI Project Name Sharon and Steven McCoy Applicant ame /�� I�/P -L�l Applicant Signature n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes []No ®NA RECEIVED RECEIVED DCM WILMINGTON, NC RECEIVED V AUG 01 2016 AUG 16 2016 DCM- MHD CITY 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, Mapmylndia, © OpenStreetMap contributors, and the CIS User Community RECEIVED AUG 16 2016 Boundaries are approximate and are not meant to be absolute. *Map Source: ArcGIS World Street Map DCM- M H D CITY 29 Tanbark Court Brunswick County, NC June 2016 LMG # 40-15-330A LMG L 1.V I�AIPFr4�f M1lk�l(�MUIY www.lmgroup.net 3805 Wrightsville Avenue Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 w I nIIF.^nt Sheet 1 of 5 Vicinity Map NC tp W ■ Q / U111116 JM / -W� an a rLA RECEIVED AUG 16 2016 `Boundaries are approximate and are not meant to be absolute. Map Source: USGS Kure Beach Quadrangle 7.5 minute DC M- M H D CITY St17�En/1Pe`�bb .., 29 Tanbark Court LMG JUN 16 2016 1 NDNMNAI kMP51 wItP Brunswick County, NC4Sheet 2 of 5 WWW.l"-rplu�net USGS Topographic Map June 2016 3805 Wrightsville Avenue LMG # 40-15-330A Wilmington, NC 28403 Phone: 910,452.0001 Fax: 910.452.0060 I I RECEIVED AUG 16 2016 'Boundaries are approximate and are not meant to be absolute. Map Source: 2010 ESRI Aerial Photography DC M- M H D CITY SCALE 1 ° = 100' 29 Tanbark Court LMG uNoueN. MEKcwuv.. Brunswick County, NC _ F ° °°m ° °°. °°�� Sheet I@A&Iv p www.imF[roui).net Aeriabeb��9 N. NO June 2016 3805 Wrightsville Avenue LMG # 40-15-330A Wilmington, NC28403 JUN 16 2016 Phone: 910.452.0001 Fax: 910.452.0060 I � Re \404 al Wetlan Line antl Linv[L Coastal Wetlan Line PropO 4U4/Coastal �a&COASTAL vhtuwos se Wetland Impact Coastal Wetlantl ' sf' /' Propo 1. 2 sfImpac: 129sf Wetland Im clE� 2s[MN7 Survey information provided by: Walter B. Cavedo Land Surveying 101 N. 23rd St. Wilmington, NC 28401 v Phone: (910) 279-4153 waltercavedo@gmail.com m 0 PRELIMINARY: NOT FOR CONSTRUCTION = on m For Section 404/401 Permitting Purposes Only 0 P.EC !VcD Coastal Wetland Line � 0 DCM WIL VIN(.'. C < nli:r, 01 2W 404 Wetland Line ® Proposed Impact to Coastal Wetlands (129 sf) Proposed Impact to Joint Coastal/404 Wetlands (104 sf) Proposed Impact to 404 Wetlands (2 so SCALE: 1" = 10' MHW - 120 feet to the east (adjacent to Bald Head Creek) il� Site Design information provided by: Cothran Harris Architecture 5725 Oleander Drive, Suite E-1 Wilmington, NC 28403 Phone: (910) 793-3433 office@cothranhards.com 29 Tanbark Court - Harbour Village Bald Head Island, NC SHEET 4 of 5. Site plan showing proposed wetland impacts. Revised July 2016 Environmental Quality August 12, 2016 Land Management Group c/o Ms. Kim Williams 3805 Wrightsville Ave, Suite 15 Wilmington, NC 29403 Dear Ms. Williams: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Diredor The Division of Coastal Management hereby acknowledges receipt of your application, on behalf of Mr. Steve and Ms. Sharon McCoy, for State approval for development of the subject property located at 29 Tanbark Court on Bald Head Island, Brunswick County. It was received as complete on August 1, 2016 and appears to be adequate for processing at this time. The projected deadline for making a decision October 15, 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from October 15, 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. Sincerely, Tara MacPherson Field Specialist cc: Heather Coats, DCM Tyler Crumbley, COE C C E INr E D Debra Wilson, DCM Stephen Boyett, LPO- BHI G AUG 16 20'3 DCM- Mhl: state of North Carolina I Fnviroomemal Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 \TO'1'IC1: CAMA PERMIT APPLIES FOR PROJECTCOilStruction of asingle-family dwelling, with pprox: If coax APPLICANT: Sharon & Steve McCoy PO Box 640 Litchfield, CT 06759 Agent: Kim Williams, LMG (9100 452-0001 filling :ent tember 3, 2016 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Tara MacPherson, Field Specialist 910-796-7425 v o� god°a�a� 04 - Brunswi��������������������������� B3594r of ds Pago P1301m1�${OzPROP Pr sen:er Ret Rev f Int_ - r� M �f�g CSC Cc : 3:0 cash$ r?Qp (Da o W� KE*ad:---:,_.,h. _Fine+,:a 1 ❑ PoAlats otdocumw r : ,..;:bia due to wrdiL4m oraAginaL _, t;r, ❑ Document oordalns seals yr^`ad by ot;nat Insttumentthat c.r^ K i3 r prcdumd! or coped. NORTH CAROLINA a�a GEN IN�)L'' DEED ^� Tax Lot No. EiWi0 Parcel Identifier No.: 2601BO29 Mail after recording to Sandra L. Darby Esquire P. O Box 10807 Southport, NC 28461 This instrument was prepared by Sandra L. Darby EsquireP. O Box 10807 Southport NC 284 disbursementof closing proceeds: NO OPINION OF TITLE REQUESTED ORRRENDERED Bnef description for the Index r? D Il @° ° Lot 29, Bald Head Island Harbour THIS DEED made this W&Y of November, 2014, by and between GRANTOR SHARON W. McCoy AND Sr ° D 1l STEVEN R. McCoy COVED olPQt GRANTEE DCM- MHD CITY SHARON W. McCoy, TRUSTEE OF THE SHARON W. McCoy REVOCABLE TRUST DATED JuNE 4, 2014 RECEIVED AUG 16 2016 DCM- MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Sharon N Mailing Address: 95 Marsh Rd., PO Box 640 Litchfield, CT 06759 Phone Number: 860-567-4880 Email Address: smccoy2@optonline.net I certify that I have authorized Land Management Group, Inc. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: construction of single-family residence on pilings and retaining wall at my property located at In Brunswick County. 29 Tanbark Court; Bald Head Island, NC I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Sharon Signature 61 Print or Type Name Title 06 I 02 I 2016 Date This certification is valid through /. RECEIVED AUG 16 2016 DCM- MHD CITY RECEIVED DCM WILIhAINGTON, NC JUN 16 7016 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Sharon and Steven McCoy s (Name of Property Owner) property located at 29 Tanbark Court (Address, Lot, Block, Road, etc.) on Bald Head Creek in Bald Head Island N.C. (Nearest Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Please see enclosed application materials. RECEIVED AUG 16 113 WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boatAGs�l, Ift, or groiri�+TY must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature c/o Sharon & Steven McCoy Print or Type Name PO Box 640 Mailing Address Litchfield, CT 06759 City/State/Zip Telephone Number / email address 15 June 2016 Date (Adjacent Property Owner Information) Signature* Print or Type Name Mailing Address EIVED City/state/Zip r)CM WIVININGTON, NC Telephone Number/email address JUN 16 2016 Date * *Valid for one calendar year after signature* (Revised Aug. 2014) AtfAMG LAND MANAGEMENT GROUP INC. Environmental Consultants June 15, 2016 TO: Lelia J Farr Revocable Trust 1 Fair Oaks Drive St. Louis, MO 63124-1514 RE: Required Notification 29 Tanbark Court; Bald Head Island, NC CAMA Major Permit Application Dear Ms. Farr: This letter serves to notify you of a proposed project at 29 Tanbark Court in Bald Head Island, NC. Sharon and Steven McCoy have submitted a CAMA Major Permit application to the NC Division of Coastal Management (DCM) requesting authorization to construct a single-family residence within the lot. As an adjacent riparian property owner to the project, you are required by the permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted to NC DCM is enclosed. If you have no objections to the project, please indicate on the enclosed form and return to Ms. Tara MacPherson, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405. Any written objections can also be directed to Ms. MacPherson, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405. No comment within 30 days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, Kim Williams Land Management Group, Inc. (agent) Encl. cc: Tara MacPherson, NC DCM RECEIVED AUG 16 2016 DCM- MHD CITY www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 RECEIVED 3805 Wrightsville Ave., Suite 15; Wilmington, NC 28403 DCM WILIANGTGN, NC JUN 16 2016 AteAMG LAND MANAGEMENT GROUP INC. Environmental Consultants June 15, 2016 TO: John C & Lena F Eldridge 364 391' Avenue Drive NW Hickory, NC 28601 RE: Required Notification 29 Tanbark Court; Bald Head Island, NC CAMA Major Permit Application Dear Mr. and Mrs. Eldridge: This letter serves to notify you of a proposed project at 29 Tanbark Court in Bald Head Island, NC. Sharon and Steven McCoy have submitted a CAMA Major Permit application to the NC Division of Coastal Management (DCM) requesting authorization to construct a single-family residence within the lot. As an adjacent riparian property owner to the project, you are required by the permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted to NC DCM is enclosed. If you have no objections to the project, please indicate on the enclosed form and return to Ms. Tara MacPherson, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405. Any written objections can also be directed to Ms. MacPherson, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405. No comment within 30 days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely F-� Kim Williams RECEIVED Land Management Group, Inc. (agent) Encl. AUG 16 2016 RECEIVED cc: Tara MacPherson, NC DCM DCM- MHD CI T 'ur DCM WILP.AINGTCN, NC SUN 16 Z016 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15; Wilmington, NC 28403 LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY June 14, 2016 TO: Sharon and Steven McCoy FROM: Lower Cape Fear Umbrella Mitigation Bank P.O. Box 640 c/o Land Management Group, Inc. Litchfield, CT 06759 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Project: 29 Tanbark Court, Bald Head Island (NC) Dear Mr. and Mrs. McCoy: Pursuant to the recent credit request received from your permit agent, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply wetland mitigation credits for impacts to riparian wetlands associated the proposed construction of a single-family residence at 29 Tanbark Court on Bald Head Island, North Carolina. This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type 1 Credits Reserved I Fee Per Unit ( Fee Stream 1 0 ) $390.00 1 $0.00 Non- Riparian Wetland 0.0 ( $51,370.00 $0.00 Riparian Wetland 0.1 $71,201.00 $7,120.10 TotalFeel $7,120.10 Based upon receipt of the project credit request transmitted on June 14, 2016, LCFUMB will reserve 0_1 riparian wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-day period. Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $7,120.10. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at cpreziosi@lmgroup.net. Sincerely, Land Management Group, Inc. (agent for LCFUMB) Christian Preziosi Christian Preziosi Section Manager RECENED AUG 16 2016 DCM- MHD CITY RECEIVED DCM WILP.AINGTCN, NC JUN 16 2016 Cbris Holmes, P.E. & Associates, Inc. Providing Structural Solutions License # C-4118 Oleander Oaks 5725 Oleander Dr., F-4 Wilmington, NC 28403 May 10ih, 2016 Cothran Harris Cothran Harris Architecture 5725 Oleander Drive, Suite E-t Wilmington, NC 29403 Phone (910) 796-9988 Fax (910)796-9989 office(a)Jiolmespe.com RE: Job #16146- McCoy Cottage / Lot. 29 Harbour Village Bald Head Island, NC. Cothran, We were requested to review a set of plans showing the foot print of a new house to be constructed on the lot listed above where there is an existing bulkhead in place. It is our recommendation that the existing bulkhead be removed and a new bulkhead should be constructed as shown in your plans. We recommend this because in our opinion it is structurally infeasible to construct the proposed new home on top of a maritime bulkhead. We believe that the new bulk head should be offset from the face of the new house at least 5'-0" minimum to ensure that neither the new bulkhead nor the new structure interferes with each other and so that house loads are not transferred to the bulkhead wall. If you have qu scions, please contact our office. Regards, jF O c� ISM o SEAL es, E. _'s$ 16334 ,` ?.0 a2015 ��_?' m RECEIVED DCM WILrAINGTCN, NC RECEIVED JUN 16 2016 AUG 16 2016 DCM- MHD CITY _j Bald Head Island - Harbour Architectural Review Board Corey Boyett - Coordinator P.O. Box 3069 - Bald Head Island, N.C. 28461 (910) 457- 7514 February 26, 2016 Dr. Steve and Mrs. Sharon McCoy 95 Marsh Road Litchfield, CT 06759 Dear Dr. and Mrs. McCoy: The Harbour Architectural Review Board (HARB) has reviewed your sketch submittal and request for the following variances: ■ Change the front setback to 8'- 9". ■ Connect the house directly to the garage. Please be advised the HARB has not approved the sketch submittal or the variances. The HARB will not approve changes to the setbacks or building pads. This includes attaching the main structure to the garage. Thank you for your submittal. Sincerely, k o� Corey Boyett, Coordinator ARCHITECTURAL REVIEW BOARD -HARBOUR MEMBERS: Chuck Dietsche -Chairman Jim Henry, Chris Webb, Mark Prak, Dan Costa, David Wray, and Terry Steelman CC: Cothran Harris RECEIVED RECEI!/ED WILI`nl"GTo","c JUN 16 2016 AUG 16 2016 DCM- MHD CITY LMG LAND MANAGEMENT GROUP ixc. Environmental Consultants July 28, 2016 Ms. Tara MacPherson Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Additional Information; CAMA Major Permit Application 29 Tanbark Court; Bald Head Island (Brunswick County), NC Sharon and Steven McCoy, Applicant Dear Tara: We received your letter dated June 30, 2016 in which your request additional information regarding the CAMA Major Permit application submitted on behalf of Sharon and Steven McCoy for their lot at 29 Tanbark Court in Bald Head Island, NC (Brunswick Cc). Based on a site visit you conducted, you did not agree with the location of the coastal wetland line as shown on the site plan. LMG staff performed an additional site review and modified the line to extend southward toward the existing bulkhead at your request. Also note that in response to an adjacent landowner's comments (John and Lena Eldridge), the project architect has confirmed that the total impervious cover for this project will not exceed 1,815 sf. Enclosed are the following documents. 1. Revised Project Narrative 2. Revised Forms DCM MP-1, 2, and 3 3. Revised Sheets 4-5: Plan View and Cross Section of Proposed Development Note that I have enclosed 27 copies of Sheet 4 since it is in color. Thank you for your continued assistance with this project. Please contact me if you have any questions. Sincerely, , '-- Kim Williams Environmental Scientist Enclosures Cc: Cothran Harris RECEIVED DCM WILI,AINGTCN, NC AUG 0 1 ?0% www.lmgroup.net • infogirngroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 • Wilmington, NC 28403 RECEIVED AUG 16 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY SENT VIA EMAIL — kwilliams@lmgroup.net Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 RE: CAMA Major Development Permit Application Sharon and Steven McCoy Dear Ms. Williams PAT MCCRORY Gavemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application on June 16, 2016, acting on behalf of Sharon and Steve McCoy, for construction of a bulkhead located at 29 Tanbark Court, on Bald Head Island, Brunswick County. Based on a site visit I conducted on June 28, 2016 with Tyler Crumbley, US Army Corps of Engineers, and Gregg Bodner, Division of Coastal Management, your application package lacks information necessary to complete processing. 1. The drawings submitted for this project do not appear to be representative of site conditions we observed adjacent to the existing retaining wall on the property. Please verify the wetland lines and resubmit with updated impacts and verified survey lines for review. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. If you have any questions concerning this matter, or would like to schedule a joint site visit to verify this information, please call me at my Wilmington Office at (910) 796-7425. arSincerely,/ /� Phers Field Specialist RECEIVED cc: Debbie Wilson, DCM-Wilmington Heather Coats, DCM —Wilmington AUG 16 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive En., Wilmington, NC 29405 910-796-7215 LMG LAND MANAGEMENT GROUP INC. Environmental Consultants June 15, 2016 Ms. Tara MacPherson Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: CAMA Major Permit Application 29 Tanbark Court; Bald Head Island (Brunswick County), NC Sharon and Steven McCoy, Applicant Dear Tara: On behalf of Sharon and Steven McCoy, please find enclosed the application materials for a CAMA Major Permit. The applicants propose to construct a single-family home on pilings within the lot. For purposes of review and permit processing, please find the attached information: 1. Project Narrative 2. Forms DCM MP-1, 2, and 3 3. Sheets 1-3: Vicinity Maps 4. Sheets 4-5: Plan View and Cross Section of Proposed Development 5. Relevant Attachments 6. Permit Fee check in the amount of $400.00 7. Signed Agent Authorization 8. Property Deed Adjacent riparian notifications, including copies of Items 1-4 listed above, have also been mailed via USPS. Certified mail receipts of the adjacent riparian notification will be forwarded to you as soon as they are received by LMG. Thank you for your assistance with this project, please contact me if you have any questions. Sincerely Kim Williams Environmental Scientist Enclosures Cc: Cothran Harris RECEIVED AUG 16 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC JUN 16 2016 www.lmgroup.net • into@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15; Wilmington, NC 28403 John and Lena Eldridge To: Ms. Tara MacPherson NC DCM 127 Cardinal Drive Ext., Wilmington, NC 28405 Cc: Kim Williams Land Management Group, Inc 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 Cc: Ms. Corey Boyett Bald Head Island Harbour Association POB 3069 Bald Head Island, NC 28461 Re: Required Notification 29 Tanbark Court; Bald Head Island, NC LAMA Major Permit Application Dear Ms. MacPherson 364 39th Ave Dr NW Hickory, NC 28601 828-328-8132 iohm2ioulinnaxom; eldridae0mcharter.net Good day and I appreciated your time in discussing with me the proposed changes requested for Lot 29 Tanbark Court, Bald Head Island, NC. I am lodging our objections to proposed construction/lot modifications to Lot 29 Tanbark Ct. I understand CAMA's concerns in regards to Wetland Impact. We have our concerns for both wetland impact and construction restriction modification requests. We own the lot and home on the adjacent lot #30 Tanbark Ct. We planned our recent home remodel following current retaining walls, lot corners and Harbour Building Guidelines & Restrictions under the assumption the rules and regulations were perpetual and unmodifiable. These guidelines were in place and known at the purchase of our home and the Mc o ' asegf their lot. RECEIVED DCM WILr.41NGTCN, NC AUG 16 2016 DCM- MHD CITY JUL 14 2016 We oppose any variance in current CAMA or Harbour Building Guidelines for construction on Lot 29 Tanbark and any further means of lot encroachment by purchasing Riparian Wetland Credits. We are concerned with the current land stability in a fragile land environment and the risks of problems migrating to our property resulting from proposed modifications. We oppose exceeding the impervious coverage allowance. In the description of the request the listed impervious allowance was 2,252 square feet but the document we received from Corey Boyett listed Urban Code for HV Lot 29 at a maximum of 1815 square feet impervious coverage. In closing I want to convey to the McCoy's we are not against their construction of a home on their lot but want to preserve the marsh area, current setbacks and impervious coverage limits. 1 appreciate your consideration of our concerns. RECEIVED AUG 16 2016 RECEIVED DCM WILt�AINGTCNI 4C DCM- MHD CITY JUL 14 2016 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Sharon and Steven McCoy s (Name of Property Owner) property located at 29 Tanbark Court (Address, Lot, Block, Road, etc.) on Bald Head Creek in Bald Head Island N.C. (Nearest Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. ✓ I have objections to this proposal. Sea Ai for c)necl "-.a;1� ck; j eC-F`ons) DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Please see enclosed application materials. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) .Signature c/o Sharon & Steven McCoy Print or Type Name PO Box 640 Mailing Address Litchfield, CT 06759 City/State/Zip Telephone Number/email address 15 June 2016 Date (Adjacent Property Owner Information) natut , * Leda S r✓tiruuatee. Print or Type Name I Fair OAKS Drive- RECEIVED Mailing Address DCM WILMINGTCN, NC ai-. Lou.i s o m a (031 Z u Citylstate/Zip JUL 0 5 2916 614-949-ozB9 Telephone Number/email address 'Valid for one calendar year after signature" AUG 16 2016 (Revised Aug. 2014) DCM- MHD CITY Attachment to "Adjacent Riparian Property Owner Statement" Main Objections to Proposal for 29 Tanbark • Significant change to the wetlands/marsh area by extending the property line of 29 Tanbark out into the marsh area (from the diagram it looks like up to 12.5 feet at the maximum point), including additional erosion of 28 Tanbark propertv • Placement of what appears to be a groin tieback for the new retaining wall into the property of 28 Tanbark • Placement of the 29 Tanbark house at and possibly beyond where 28 Tanbark's retaining wall will be will significantly obstruct the view of house placed on 28 Tanbark and reduce the property value of 28 Tanbark Attachment to "Adjacent Riparian Property Owner Statement" Lelia J arr, tee June 29, 2016 RECEIVED DCM WILrAINGTCN, NC RECEI\JED JUL 0 5 2016 pG 16 2016 DCM_ MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Sharon and Steven McCoy s (Name of Property Owner) property located at 29 Tanbark Court (Address, Lot, Block, Road, etc.) on Bald Head Creek in Bald Head Island N.C. (Nearest Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Please see enclosed application materials. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requ (Property Owner Information) Signature c/o Sharon & Steven McCoy Print or Type Name PO Box 640 Mailing Address Litchfield, CT 06759 City/State/Zip ECEIV Owner Information) Telephone Number/email address UA `TdWhone Number/email address 15 June 2016 7 -9 -44kcFINN Dale AUG 16 201 are/ * 0CM WILr,AINGi a �i &.iD CITY Ji-JI r (Revised Aug.2014) Valid for one calendar year s�na IV Coastal Management ENVIRONMENTAL QUALITY August 12, 2016 TO: Chad Coburn 401 Wetlands DWR-WiRO PAT MCCRORY Govemor DONALD R. VAN DER VAART RECEIVEDAIDDENR/DWR Secretary AUG 12 2016 Water Quality Regional ection Wil ingtonlons Regional Office BRAXTON DAVIS Ulrecior FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenroov Fax: 395-7302 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Semen & Steve McCoy Project Location: 29 Tanbark Ct., adjacent to Bald Head Creek, on BHI, Brunswick Co. Proposed Project: Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. { LLO. 10 This agency has no comment on the proposed project. q'�� 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 X Y` DATED tj � VED 13CM WILWI NRECEI GTON, NO SEP 2 2 2016 State of North Carolina I Environmental Quality � Coastal Management 127 Cardinal Drive Est., Wilmington, NC 29405 910.796-7215 September 20, 2016 Sharon and Steven McCoy P.O. Box 640 Litchfield, CT 06759 147�_ PAT MCCRORY Gnnerun. DONALD R. VAN DER VAART A,mia,v S. JAY ZIMMERMAN DWR Project # 2016 0884 Brunswick County Subject Property: 29 Tanbark Court, Bald Head Island Approval of 401 Water Quality Certification vdth Additional Conditions Dear Ms. and Mr. McCoy: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.07 acres (235 square feet) of combined 404 wetlands and coastal wetlands and 0.06 acres (2,600 square feet) of highground area in order for the construction of 50 linear feet of retaining wall and a single-family residence as described within your application received by the Division on August 12, 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: hiLtp://Portal.ncdenr.org/web/wa/swi)/ws/401/Certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be require�Etl�� t a new application package with the appropriate fee. If the property is soh LV qqLbe State of North Carolina i De0srtment of aviroomeolel Quality I Division of Water Resources P 2 2 2016 127 Cardinal Drive Est., Wilmtn8too, NC 28405 919 796 7215 McCoy DWR # 2016-0799 Page 2 of 4 given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name { 15A NCAC 02H .0501 and .0502). 2 Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [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 4 This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 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)] RECEIVED ()CM WILMINGTON, NC SEP 2 2 2016 McCoy DWR k 2016-0799 Page 3 of 4 W All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call taool aw-osae. 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: http•//portal ncdenr org/web/wa/swp/ws/401/certsandt)ennits/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 hM://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays).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. RECEIVED DCM WILMINGTON, NO McCoy DWR # 2016-0799 Page 4 of 4 Z9 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.Burdettena.ncderingov or Robb Mairs in the DWR Wilmington Regional Office at 910.796.7215 or Robb.Mairsna.ncderingov. Sincerely, Jim egson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Kim Williams — Land Management Group, Inc. Tyler Crumbley - USACE Wilmington Regulatory Field Office Heather Coats — DCM Wilmington WiRO DCM WECVED ILMINGTON, INC SEP 2 2 2016 Nt- PAT MCCRORY (iovemar ALD R. VAN DER VAART Seettlnry BRAXTON DAVIS Director August 12, 2016 1476 to - TO: Renee Gledhill -Early Dept. of Cultural Resources Archives & History FROM: Heather Goats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(ancdencclov Fax: 395-7302 (Courier 04-16-33) SUBJECT: CAMAI Dredge $ Fill Application Review Applicant: Susan & Steve McCoy Project Location: 29 Tanbark Ct., adjacent to Bald Head Creek, on BHI, Brunswick Co. Proposed Project: Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDQ�-+ Xee DATED Received SEP 0 .7, 2016 DCM AUG 19 2016 State of North Cecaliaa I avlfaanlcinal Quality I Canh,11 Ntwalaxal 127 Camel Dtiw Eat, W4miaglon, NC 28405 910.790215 Coastal Management ENVIRONMENTAL QUALITY August 12, 2016 TO: RECEIVED AUG 17 2016 DOA STATE PROPERTY OFFICE Tim Walton Dept of Administration State Property Office PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Drreclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsC(Dncdenr_go v Fax: 395-7302 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan & Steve McCoy Project Location: 29 Tanbark Ct., adjacent to Bald Head Creek, on BHI, Brunswick Co. Proposed Project: Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED W JIAr� DATED �f zJY�L(o RECEIVED DCM WILMINGTON, NC SEP 0 2 Z016 Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY G. I u. og.-L3. o 1 August 12, 2016 TO: Maria Dunn NC Wildlife Resources Commission For WiRO PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director y- -6 AUG 2016 RECEIVED Habft comwvwon P►oNM FROM: Heather Coats, Assistant Major Permits Coordinator�6 8 NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(C)ncdenrgov Fax: 395-7302 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan & Steve McCoy Project Location: 29 Tanbark Ct., adjacent to Bald Head Creek, on BHI, Brunswick Co. Proposed Project: Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. JThis 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 A/� - �1�1�_ DATED S-31 RECEIVED IDCM WILMINGTON, NC SEP 0 6 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL Ot1ALITY August 12, 2016 TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City PAT MCCRORY Go, mor 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(a)ncdenr..qov Fax: 395-7302 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan & Steve McCoy Project Location: 29 Tanbark Ct., adjacent to Bald Head Creek, on BHl, Brunswick Co. Proposed Project. Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED 'Itf L `--- RECEIVED AUG 16 2016 RECEIVED DCM WILMINGTON, NC DCM- MHD CITY AUG 3 0 2016 State of North Carolina I Environmental Quality I Coastal Manageneat 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 PAT MCCRORY Govemor DONALD R. VAN DER VAARTf Secmlary Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Susan & Steven McCoy DATE: 8/30/2016 BRAXTON,DAVIS Dimclor 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 a single family home and a new bulkhead resulting in approximately Mft2 of Coastal wetland and §404 wetland. The surrounding waters are classified as able to support shellfish/high quality waters (SA/HQW), and are open to shellfish harvest. There is no indication of erosion identified in the application. The home, as designed, will not fit on the lot with the existing bulkhead. Theexisting. bulkhead is angled, creating an irregular lot. The reasoning for the irregular bulkhead design is not known, but extensive coastal wetlands are located immediately waterward of the existing bulkhead. 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. 2611; 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. Wetlands can enhance foraging functions of adjacent habitats,.which is why primary (PNA) and secondary (SNA) nursery habitats are closely linked with coastal wetlands. In addition, wetlands are important to waterfowl feeding and nesting activities. Incases where a proposed bulkhead is out significantly from an existing alignment, justifications are reviewed for merit. If properly justified, then avoidance and minimization alternatives are suggested to limit wetland impacts. In this case, an existing bulkhead is in place and no erosion is indicated in the application. The application does state that, due to a.denial to reduce the Village's setback rules, the lot is too small to construct the house as designed. Whether.the bulkhead was in place prior to sale or constructed after sale, the lot dimensions must have been known. With the existing bulkhead, a house could be designed that could fit on the existing footprint of the lot rather than filling in coastal' wetlands to build a house that would otherwise not fit. Therefore, the need to fill in coastal wetlands to build the house is unnecessarily impactful, State ofNoM Carolina I Environmental Quality I.COWIA Management .- 400CommeroeAvmeelMomheadCity, NC 29557,- 252-808-28081252-247-3330 (fax) and would have significant adverse impact to those filled wetlands at the project site. It is recommended that the house be designed to avoid coastal wetland fill. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or gregg.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 offish 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.,1997. Status report on our nation's.wetlands. National Wildlife Federation. Gewant, D. and Bollens, 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.483-499. 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. State of North Carolina l Environmental Quality l Coastal Management 1367 US Hwy 17 South I Elizabeth City. NC 27909 M-264-3901 - Coats, Heather From: Folta, Christine W SAW <Christine.W.Folta@usace.army. mil> Sent: Friday, September 02, 2016 9:07 AM To: Kim Williams Cc: Coats, Heather; Crumbley, Tyler SAW; Cothran Harris; Sharon McCoy; Christian Preziosi Subject: RE: 29 Tanbark Court permit application Thank you for the clarification. The proposed work does fit a NWP 18 so I will work on getting the permit out. Thanks and stay dry in the storm! Christy Christy Folta Regulatory Program Technician U.S. Army Corps of Engineers 69 Darlington Ave Wilmington NC, 28403 (910) 251-4637 (Ph) (910) 251-4025 (Fax) The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 -----Original Message----- From: Kim Williams [mailto:kwilliams@lmgroup.net] Sent: Friday, September 02, 2016 8:59 AM To: Folta, Christine W SAW <Christine.W.Folta@usace.army.mil> Cc: heather.coats@ncdenr.gov; Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil>; Cothran Harris <charris@cothranharris.com>; Sharon McCoy <smccoy2@optonline.net>; Christian Preziosi <cpreziosi@lmgroup.net> Subject: [EXTERNAL] RE: 29 Tanbark Court permit application Good Morning Christy - The project will not place any fill below the MHW line. The MHW boundary is located off property, approximately 120 feet east of the lot (adjacent to Bald Head Creek). So it looks like a NWP 18 should work. Ms. Sharon McCoy, the lot owner, and Mr. Cothran Harris, the project architect, are copied on this email for your reference. Just let me know if you need anything else. Thanks! Kim Kim Williams I Environmental Scientist Land Management Group, Inc I Environmental Consultants Direct: 452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403 Email: kwilliams@lmgroup.net I Website: Blockedwww.lmgroup.net -----Original Message ----- From: Folta, Christine W SAW [mailto:Christine.W.Folta@usace.army.mil] Sent: Friday, September 02, 2016 8:35 AM To: Kim Williams <kwilliams@lmgroup.net> Cc: heather.coats@ncdenr.gov; Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Subject: 29 Tanbark Court permit application Good Morning Kim, Through the State Division of Coastal Management, we.have received a request to place fill into 233 square feet of wetlands/Waters of the U.S. for the purposes of constructing a residential home new bulkhead waterward of the existing bulkhead located at 29 Tanbark Court. This proposal does not fit any of our standard bulkhead Regional General Permits, since the shoreline is not actively eroding. The project may be authorized to proceed with usage of a Nationwide Permit #18 (minor discharge) provided the total amount of fill below the Mean High Water (High Tide Line) does not exceed 25 cubic yards. If it does, this office will have to process the request through a Programmatic Permit Process, which is a much more detailed and time/resource consuming process. We ask that you provide, via email, confirmation or calculations/plans that show your project will not exceed 25 cy of fill below the MHW line. If the project exceeds that amount, please consider reducing the amount to comply with the NWP 18. Also, I do not have the applicants email. Can you copy them on the response back? Thanks! Christy Christy Folta Regulatory Program Technician U.S. Army Corps of Engineers 69 Darlington Ave Wilmington NC, 28403 (910) 251-4637 (Ph) (910) 251-4025 (Fax) The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: Blockedhttp://corpsmapu.usace.army.mil/cm—apex/f?p=136:4:0 I Coats, Heather From: Kim Williams <kwilliams@lmgroup.net> Sent: Friday, September 02, 2016 1:25 PM To: Crumbley, Tyler SAW; Folta, Christine W SAW Cc: Coats, Heather; Christian Preziosi Subject: RE: 29 Tanbark Court permit application Hi Tyler Several avoidance/minimization measures were employed including use of a retaining wall, pushing the retaining wall as close to the proposed house as possible, and requesting a variance from the BHI Harbour Architectural Review Board for the front setback (which was denied). But let me touch base with the lot owner and the project architect about how this particular house footprint was determined. I will get back with you as soon as possible. Thanksl Kim -----Original Message ----- From: Crumbley, Tyler SAW [mailto:Tyler.Crumbley@usace.army.mil] Sent: Friday, September 02, 2016 9:41 AM To: Kim Williams <kwilliams@lmgroup.net>; Folta, Christine W SAW <Christine.W.Folta@usace.army.mil> Cc: heather.coats@ncdenr.gov, Christian Preziosi <cpreziosi@Imgroup.net> Subject: RE: 29 Tanbark Court permit application Kim, I do have a question on that application... what measures have been conducted to avoid and minimize impacts? It seems like the lot was previously buildable by BHI standards and approvals. What is the purpose and need for the additional impacts when the lot was previously buildable? Please help us clear that up. Thank you. -Tyler Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 -----Original Message ----- From: Kim Williams [mailto:kwilliams@lmgroup.net] Sent: Friday, September 02, 2016 9:09 AM To: Folta, Christine W SAW <Christine.W.Folta@usace.army.mil> Cc: heather.coats@ncdenr.gov; Crumbley, Tyler SAW<Tyler.Crumbley@usace.army.mil>; Cothran Harris <charr!s@cothranharris.com>; Sharon McCoy <smccoy2@optonline.net>; Christian Preziosi <cpreziosi@lmgroup.net> Subject: [EXTERNAL] RE: 29 Tanbark Court permit application Thanks Christy! -----Original Message ----- From: Folta, Christine W SAW [mailto:Christine.W.Folta@usace.army.mil] Sent: Friday, September 02, 2016 9:07 AM To: Kim Williams <kwilliams@lmgroup.net> Cc: heather.coats@ncdenr.gov; Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil>; Cothran Harris <charris@cothranharris.com>; Sharon McCoy <smccoy2@optonli ne. net>; Christian Preziosi <cpreziosi@lmgroup.net> Subject: RE: 29 Tanbark Court permit application Thank you for the clarification. The proposed work does fit a NWP 18 so I will work on getting the permit out. Thanks and stay dry in the storm Christy Christy Folta Regulatory Program Technician U.S. Army Corps of Engineers 69 Darlington Ave Wilmington NC, 28403 (910) 251-4637 (Ph) (910) 251-4025 (Fax) The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: Blockedhttp://corpsmapu.usace.army.mil/cm—apex/f?p=136:4:0 ----Original Message ---- From: Kim Williams [mailto:kwilliams@lmgroup.net] Sent: Friday, September 02, 2016 8:59 AM To: Folta, Christine W SAW <Christine.W.Folta@usace.army.mil> Cc: heather.coats@ncdenr.gov; Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil>; Cothran Harris <charris@cothranharris.com>; Sharon McCoy <smccoy2@optonline.net>; Christian Preziosi <cpreziosi@lmgroup.net> Subject: [EXTERNAL] RE: 29 Tanbark Court permit application Good Morning Christy - The project will not place any fill below the MHW line. The MHW boundary is located off property, approximately 120 feet east of the lot (adjacent to Bald Head Creek). So it looks like a NWP 18 should work. Ms. Sharon McCoy, the lot owner, and Mr. Cothran Harris, the project architect, are copied on this email for your reference. Just let me know if you need anything else. Thanks! Kim Kim Williams I Environmental Scientist Land Management Group, Inc I Environmental Consultants Direct: 452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403 Email: kwilliams@lmgroup.net I Website: BlockeclBlockedwww.lmgroup.net -----Original Message ----- From: Folta, Christine W SAW [mailto:Christine.W.Folta@usace.army.mil) Sent: Friday, September 02, 2016 8:35 AM To: Kim Williams <kwilliams@lmgroup.net> Cc: heather.coats@ncdenr.gov; Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Subject: 29 Tanbark Court permit application Good Morning Kim, Through the State Division of Coastal Management, we have received a request to place fill into 233 square feet of wetlands/Waters of the U.S. for the purposes of constructing a residential home new bulkhead waterward of the existing bulkhead located at 29 Tanbark Court. This proposal does not fit any of our standard bulkhead Regional General Permits, since the shoreline is not actively eroding. The project may be authorized to proceed with usage of a Nationwide Permit #18 (minor discharge) provided the total amount of fill below the Mean High Water (High Tide Line) does not exceed 25 cubic yards. If it does, this office will have to process the request through a Programmatic Permit Process, which is a much more detailed and time/resource consuming process. We ask that you provide, via email, confirmation or calculations/plans that show your project will not exceed 25 cy of fill below the MHW line. If the project exceeds that amount, please consider reducing the amount to comply with the NWP 18. Also, I do not have the applicants email. Can you copy them on the response back? Thanks! Christy Christy Folta Regulatory Program Technician U.S. Army Corps of Engineers 69 Darlington Ave Wilmington NC, 28403 (910) 251-4637 (Ph) (910) 251-4025 (Fax) The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: Blocked Blockedhttp://co rpsm a pu. usa ce.a rmy. m it/cm_a pex/f? p=136:4:0 la Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director August 12, 2016 4(gar0 h� UUU���J AUK' vivisi TO: Heidi Cox V1106. 1106 oofwaPe�ke DEMLR Env. Engineer ubri s Public Water Supply-WiRO cWaterg pp s FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsC�ncdenrgov Fax: 395-7302 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan & Steve McCoy Project Location: 29 Tanbark Ct., adjacent to Bald Head Creek, on BHI, Brunswick Co. Proposed Project: Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATED (� RECEIVED DCM WILMINGTON, NC AUG 31 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardmal Drive Ext., Wilmington, NC 28405 910-796-7215 Coats, Heather From: Folta, Christine W SAW <C h ristine.W. Folta@usace. army. m il> Sent: Friday, September 02, 2016 8:35 AM To: kwilliams@lmgroup.net Cc: Coats, He Crumbley, Tyler SAW Subject: 29 Tanbark Court permit application Good Morning Kim, Through the State Division of Coastal Management, we have received a request to place fill into 233 square feet of wetlands/Waters of the U.S. for the purposes of constructing a residential home new bulkhead waterward of the existing bulkhead located at 29 Tanbark Court. This proposal does not fit any of our standard bulkhead Regional General Permits, since the shoreline is not actively eroding. The project may be authorized to proceed with usage of a Nationwide Permit #18 (minor discharge) provided the total amount of fill below the Mean High Water (High Tide Line) does not exceed 25 cubic yards. If it does, this office will have to process the request through a Programmatic Permit Process, which is a much more detailed and time/resource consuming process. We ask that you provide, via email, confirmation or calculations/plans that show your project will not exceed 25 cy of fill below the MHW line. If the project exceeds that amount, please consider reducing the amount to comply with the NWP 18. Also, I do not have the applicants email. Can you copy them on the response back? Thanks! Christy Christy Folta Regulatory Program Technician U.S. Army Corps of Engineers 69 Darlington Ave Wilmington NC, 28403 (910) 251-4637 (Ph) (910) 251-4025 (Fax) The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://corpsmapu.usace.army.mil/cm—apex/f?p=136:4:0 U.S. ARMY CORPS OF ENGINEERS Wilmington District Action Id. SAW-2016-01721 County: Brunswick USGS Quad: Kure Beach GENERAL PERMIT (NATIONWIDE) VERIFICATION Property Owner: Susan and Steve McCoy PO Box 640 Litchfield, CT 06759 Agent: Land Management Group, Inc. attn: Kim Williams 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Size and location of property (water body, road name/number, town, etc.): The project area is located at 29 Tanbark Court on Bald Head Island, Brunswick County, North Carolina. Description of projects area and activity: This Nationwide Permit 18 authorizes approximately 106 square feet of coastal wetland impacts for the construction of a new 50 linear foot bulkhead and a single family home. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans received August 18, 2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by - case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvaWpermits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tyler Crumbley at 9 251-4170. Corps Regulatory Official Date: 9/8/16 Expiration Date of Verification for NWP: 3/17/2017 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at hqp://reguiatory.usacesurvey.com/ to complete the survey online. Page 1 of 4 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued. Action ID: SAW-2016-01721. Basis For Determination . E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by November 7, 2016. **It is not necessary to submit an RFA form to the Division correspondence.** 1_-r� A Corps Regulatory Official: Date of JD: Seutember 8. if you do not object to the determination in this Expiration Date: September 8, 2021 Copies Furnished: Heather Coats, NCDEQ-DWR, 127 Cardinal Drive Ext, Wilmington, NC 28405 Page 2 of 4 Applicant:: Susan and Steve McCo File Number: SAW-2016-01721 Date; Se tember 8 2016 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C D APPROVED JURISDICTIONAL DETERMINATION ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E mnt, rfilr dAS ��tbf�1 vffl 2i +X 4 ?'ts IE+Y D^3• i+C+ Q9r s' �� w �`�.c� Y' r{srF, _yy�/•] +�. }y ,3 s ,,.,y1y 1 yyTY� �r�_v^...s `1p0 �`. 1,�., l�fiSx-nSs.M` a'f3i n,'Y�. h...�w+f 3J`• A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization, If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit, • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to. address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Page 5 of 4 D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. '�r «r�{in m r * h` '' >v u e s^-+r ,'' -a's '. ✓ x ry��vf ,i�l -ice✓ 1.y�1V 5-id+ 1 .n YS i yS.'k 2 �i.y) 5 /�P(�^�a 'j] `{, �+ 3 ,G°r,����Artl���(�1'�r�� .5 � i hfy. O�].'1� �. •. +���. Sn�dl�n..'�.� ���n �* ���.. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. Y � � �Fj ••'. �bi}.'y � y � �''�: �Y(ay Q`�:°7 i'+'.. 3 I� 2i�If.,adifiirlY.4� L{dMJ1 NST IF r. Y9i1��6+�1.rv' b41��.1Pu�.{Q. If you only have questions regarding the appeal process you may also contact: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1 OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Page 6 of 4 Action ID Number: SAW-2016-01721 Permittee: Susan and Steve McCoy Date Verification Issued:. 9/8/16 Project Manager: Tyler Crumbley County: Brunswick Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE 69 DARLINGTON AVE. WILMINGTON, NORTH CAROLINA 28403-1343 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Page 4 of 4 Special Conditions SAW-2016-01721 "In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization." Signature: Date: (�12 Page 3 of 4 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Susan and Steve McCoy Project Name: 29 Tanbark Court Action ID: SAW-2016-01721 County: Brunswick Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, It is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USAGE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the Identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030005, Cape Fear River Basin Stream Impacts (linear feet) Wetland im acts acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.002 *If more than one mitigation sponsor will be used for the permit, only Include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030005, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine I Non -Riparian Coastal 0.1 Mitigation Site Debited: Lower Cape Fear Umbrella Mitigation Bank -Tidal marsh area (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the speciflc site to be debited). section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name of Sponsor's Authorized Date of Page 1 of 2 Form Updated 23 November, 2015 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and In the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must he completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form Is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsorshould provide copies of this form along with an updated bank ledger to: 2) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email. todd.tugwe11@usace.army.m11). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Tyler Crumbley USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington NC 28403 Email: +5��� Click here t enter a date. U CE Pr ect Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at htto://ribits,usace.army.mil. Page 2 of 2 The Wilmington District Is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey looted at our website at htto://regulatory.usacesumey.com/ to complete the survey online. Coastal Management ENVIRONMENTAL QUALITY August 12, 2016 Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direclar FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats@ncdenryov Fax: 395-7302 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan & Steve McCoy Project Location: 29 Tanbark Ct., adjacent to Bald Head Creek, on BHI, Brunswick Co. Proposed Project: Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE i K oK�` S DATED F� Received AW 2 6 2016 State of North Carolina I En nommental Quality I Coastal Management DC M 127 Cardinal Doe En, Wilmington, NC 28405 910-796-7215 Y<" a RECEWW AUG 17 2016 Coastal Management NC DOT ENVIRONMENTAL QUALITY DS.STRICT 3 August 12, 2016 TO: Ben Hughes NC Dept. of Transportation New Hanover County 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. coatscDncdenraov Fax: 395-7302 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan & Steve McCoy Project Location: 29 Tanbark Ct., adjacent to Bald Head Creek, on BHI, Brunswick Co. Proposed Project: Construction of a single-family dwelling, with approx. 50 linear ft. of retaining wall, resulting in the filling of coastal and §404 wetlands 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 September 3, 2016. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. /// eSIGNED DATED 9 - Z Z - /(o RECEIVEi4 ;_1C,MWILRAIN(z''F� F* State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 east ad Creek) illfe >tJ!< Rusr TMBARN COURT �val¢5ltlewalk // I Survey information provided by: Walter B. Cavedo Land Surveying 101 N. 23rd St. Wilmington, NC 28401 Phone: (910) 279-4153 waltercavedo@gmaii.com PRELIMINARY: NOT FOR CONSTRUCTION pCM WILPi11NGTCN, NC For Section 404/401 Permitting Purposes Only m Site Design information provided by: c n C r 1. 2(l)�i Cothran Harris Architecture )� 5725 Oleander Drive, Suite E-1 `! Coastal Wetland Line m Wilmington, NC 28403 Phone: 793-3433 (910) 404 Wetland Line 0 m office@cothranharris.com ® � Proposed Impact to Coastal Wetlands (14 sf) v Wetlands 29 Tanbark Court Harbour Village Proposed Impact to Joint Coastal/404 (104 so Bald Head Island, NC I Proposed Impact to 404 Wetlands (2 sf) SHEET 4 of 5. Site plan showing SCALE: 1" = 10' proposed wetland impacts. Revised July 2016