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HomeMy WebLinkAbout115-22 Applegate, Elliot, & Laganaeoaeo-o-oeaoceaaeeaooaasae .......... Permit Number Permit Class 115-22 NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission �ern�it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued t0 Michael & Tamara Applegate, Ronald & Loretta Elliot, Anthony& Karen Lagoon, 6605 Barton Creek Drive, Whitsett, NC 27377 Authorizing development in Brunswick County, at adj. to AIWW at 50 52 & 54 Wilmington St. in Ocean Isle Beach, as requested in the permittee's application dated 2/14/22 (MP -I), "Revised 6/14/22" (MP-2), incl. work plan drawings 4 Sheets 1-3 of 4 dated 2/9/22, and Sheet 4 of 4 dated "Revised 6/14/22". This permit, issued on October 21, 2022 , is subject to compliance with the application (where to t..,irh the nPrmit) all annlicable regulations, special conditions and notes set forth below. Any violation If these terms may be subject to fines, imprisonment or civil action; or may cause the permit to oe null anu Witt. Bulkhead Replacement 1) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 3) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or otner qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on October 21, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. atgneu uy um auulU,I,.y ....................., of the Coastal Resources Commission. Z4 77� For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Michael & Tamara Applegate, Ronald & Loretta Elliot, Anthony & Karen Lagana Permit No. 115-22 Page 2 of 3 ADDITIONAL CONDITIONS 4) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. . 5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 6) The bulkhead shall be constructed prior to any backfilling activities. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) This permit does not authorize any excavation waterward of the approved alignment. 9) The fill material shall be clean and free of any pollutants except in trace quantities.. 10) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 11) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 12) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. 13) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 14) The limits of disturbance associated with the construction of the authorized bulkhead shall be limited to the area necessary to set the tiebacks and for the purposes of backfilling the bulkhead, all as depicted on the attached workplans. Excessive grading or land disturbance may require Erosion and Sedimentation Control Plan authorization. Unless specifically altered herein, any grading or land disturbance activity located outside this area may require a modification of this permit. Sedimentation and Erosion Control 15) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 16) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 17) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase oP grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Michael & Tamara Applegate, Ronald & Loretta Elliot, Anthony & Karen Lagana Permit No. 115-22 Page 3 of 3 ADDITIONAL CONDITIONS General 18) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 19) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 20) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5126 and assigned the project DWR Project No. 20220851. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. DCM Coordinator: lnV Permit #: jNs - 22 MAILING DISTRIBUTION SHEET Permittee: /• F&oe) �- Tcw, ,c< er>o C k x t,M; 42*1 Agents:bb�-*.1Ser DCM Field Offices Nt- Z-7397 Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Renee Gledhill -Earley at Environmental.lreview@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401 Clif Whitfield (WARD) Jimmy Harrison TBD - 401 Roger Thorpe-Stonnwater Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Michael & Tamara Applegate, Ronald & Loretta Elliott, Anthony & Karen Lagana COUNTY: Brunswick RECEIVEL? PROJECT NAME: Applegate, Elliott, Lagana/54, S2, 50 Wilmington Street LOCATION OF PROJECT: 54, S$ SO Wilmington St., adj. to Canal li14, Ocean Isle Beach JUN 2 S 2022 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-15-22 DCM-MHO C-iTY FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 6-30-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 8-29-22 HOLDS: MAIL OUT DATE: 6-24-22 PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $400 (6W40)#1309 END OF NOTICE DATE: 7-21-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 7-21-22 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep —� DCM - LUP Consistency Determination Local Permit Officer 2 t a Corps of Engineers - Regulatory Branch DWR-401Section DWR-Public Water Supply �vv rV"' DEMLR - Stonnwater DEMLR - Sed and Erosion DOA - State Property Office 15 cs tea Wildlife Resources Commission } DMF - Shellfish Section X WiL DMF - Habitat & Enhancement 2 %.,OAS'} DNCR- Archives&History ] 1 0 DNCR - Natural Heritage Program NCDOT NC Dept of Commerce DCM Coordinator: Cameron Luck Circle on(:Bio Repo / Permit for: Oversize ,1L"`�/_/ DCM Offices: Morehead City: PT (if oversize) via Courier t// `cc Cam & Amanda on group email w/ bio_narr.app.drawings, deed, comment sheet /`MHC documents (Cam & Amanda) Wilmington: Original hard -copy _ County: Permit #: WIRO E-MAIL DISTRIBUTION SHEET �VPU°IL�V, tivr- ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington:FeCurrey Pander & Carteret Co): PN, CL, Reports, Split Sheet _ use bothonNCREGr�usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ (NH/6R: PN, CL, Reports, Split SheetDiv of Water Resources: ider - 401 (BR/NH): PN, CL, Reports, Split Sheet _ -,WoIlay-gnider - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: ,Aheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: DCM PlannerlWIRO: Cultural Resources: Natural Heritage Prog. DCA-Rural Eco. Dow NC DOT: Wildlife Resources: State Property Office: Shellfish Sanitation: Harding Christenbury Gledhill -Earley Environmental.Review(a)ncdenrrrov ey Butler_ Ziegler_ Harris Dunn w/Reports Walton: DEED Moser _ tda Hilliard, Real Property Agent (Bio Reports only) Humphrey (Bio) / Gupton, Admin. _ DEMLR: ?ristine Hall - Stormwater Section _ iD//an Sams - Land Quality Section Public Water Supply: U4eidi Cox City of Wilmington: 1(gthey Enforcement: Field d Rep:� i4 o tUvNllr"��'1^ L1 " ' �r _Co. LPO K Agent: DISTRIBUTED: 1Y l Updated WW2 RECEIVED JUN 2 8 2022 DCM-MHD CITY CAMA/Shaun majors docsle'Agency List ROY COOPER Governor ELIZABEPH S. BISER Secretary BPAXTON DAVIS Director June 24, 2022 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) cameron.luckONCDEN R.00v SUBJECT: CAMA /D & F Applicant: Michael and tamale Applegate, Ronald and Lorretta Elliott, Anthony and Karen Lagana Project Location: 50, 52, 54 Wilmington St, adj to Canal #14, Ocean Isle Beach, Brunswick County Proposed Project: The applicants propose to replace approx. 150 linear ft. to bulkhead an average of 2' waterward of the existing bulkhead, resulting in the filling of approx. 300 sgft of Coastal Wetlands and Public Trust Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions . regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: L This agency has no objection to the project as proposed. "Additional comments may be attached** 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. PRINT NAME l�� !u r �/^ C I c. I Q AGENCY rV C Z (A 0 f �y (/j1o11 e—� f- RECEIVED SIGNATURE Z J G 1 �� JUL 2 2 2022 DATE I/ �z DCM MHD CITY North Carolina Department of Environmental Qpailty I Division of coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405 910.796.7215 MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Michael and Tamara Applegate, Ronald Elliott and Anthony Lagana, Ocean Isle Beach — Brunswick County Date: October 21, 2022 Consistency Determination: This project appears to be consistent with the Town of Ocean Isle Beach Land Use Plan. The applicant proposes to replace approximately 150 linear feet of bulkhead an average 2' waterward of the existing bulkhead, resulting in the filling of approximately 300 sq. ft. of Coastal Wetlands and Public Trust Areas in the man-made canal at 50, 52 and 54 Wilmington Street in Ocean Isle Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, CW and PTA. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Ocean Isle Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Residential. In general, the Town of Ocean Isle Beach allows development in Residential classified AECs, which is consistent with the State's minimum use standards. The Town of Ocean Isle Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Ocean Isle Beach Land Use Plan. Cc: File DocuSign Envelope ID: 819FA98F-D4CA4CF1-B08F-5800DF8E7991 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 23, 2022 DWR q 20220851 Brunswick County Anthony & Karen Lagana 6605 Barton Creek Drive Whistett, NC 27377-9277 Subject: Approval of Individual 401 Water Quality Certification 50, 52, and 54 Wilmington Street- Ocean Isle Beach Dear Mr. and Mrs. Lagana: Attached hereto is a copy of Certification No. WQC005126 issued to Michael and Tamara, dated August 23, 2022. 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 this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. North Carolina Department of Environmental Quality I Division of Water Resources D E Q21 127 Cardinal Drive Ent I Wilmington, North Camlin128405 wNitl "^ _ 9103W9 7215 era�.n�awu� DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DF8E1991 Michael &Tamara Lagana D W R# 20220851 Individual Certification #WQC005126 Page 2 of 10 If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-264-3285 or hollev.snider@ncdenr.gov if you have any questions or concerns. Sincerely, Dognetl by: 17F104U1S5' oNrrl1i 73B6F3456... Morelia Sanchez -King for Regional Operations Supervisor Electronic cc: Debbie Wilson, consultant Greg, Currey, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 20220851_Applegate, Elliott, Lagana_IWQC_BrunsCo._Aug.22.docx Ole North Carolina Department of Environmental Quality I Division of Water Resources ®� �2� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 "f c'^k ""^ u�wenme. _I.mmro� /'� 919.707.9000 DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DFBE1991 Michael & Tamara Lagana DWR# 20220851 Individual Certification #WQC005126 Page 3 of 10 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQ0005126 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Michael and Tamara Lagana who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on June 24, 2022, and by Public Notice issued by the Division of Coastal Management on June 22, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Plan Location or Reference Coastal Wetlands Bulkhead Backfill 0.006 acres (300 sq. ft.) Project Narrative And Pages 1 thru 3 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. All bulkhead backfill material shall be obtained from a high ground source and confined landward of the permitted bulkhead. Citation: 15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. . 2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen debris shall not be used. Citation: 15A NCAC 02H .0506 (b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed, activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the ®FKO%Z North Carolina Department of Environmental Quality I Division of Water Resources IJ512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 rxrmmuav'u 919.707.9000 �m.vnwn..emmm DocuSign Envelope ID: 819FA98F-D4CAACFt-BDBF-5800DF8E1991 Michael &Tamara Lagana DWR# 20220851 Individual Certification #WQ0005126 Page 4 of 10 activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. Concrete construction materials used for bulkhead components, such as deadman anchors, tie- back systems and concrete caps, shall be managed in a manner that prevents contact with waters of the State. A dry work area shall be maintained to prevent direct contact between curing concrete and adjacent surface water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured, treated, and disposed of properly. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 026 .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (2) Floating or submerged debris, oil, deleterious substances, or other material shall not be present in amounts that cause adverse impacts on existing wetland uses. 4. MORATORIUMS If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these'dredging activities. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 5. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 02B .0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule [including, at minimum: aquatic life propagation, survival, North Carolina Department of Environmental Quality I Division of Water Resources -1.� D �:/ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707,9000 DocuSign Envelope ID: 819FA98F-D4CA-4CF7-B08F-5800DFBE1991 Michael &Tamara Lagana DWR# 20220851 Individual Certification #WQC005126 Page 5 of 10 and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506,• 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 8. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. reK North Carolina Department of Environmental Quality I Division of Water Resources �� �512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 "!5: """ , 919.707.9000 DocuSign Envelope ID: 819FA98F-D4CA-4CF1-608F-5800DF8E1991 Michael &Tamara Lagana D W R# 20220851 Individual Certification #WQC005126 Page 6 of 10 If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-ll, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 0413.0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200,• 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 028.0200; 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protectsuch uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse North Carolina Department of Environmental Quality I Division of Water Resources ®� ��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 awm2nau.w..aa�mr� . DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DF8E1991 Michael & Tamara Lagana D W R# 20220851 Individual Certification #WQC005126 Page 7 of 10 impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 021-1.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200,• 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) D�rkNorth Carolina Department of Environmental Quality I Division of Water Resources Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 .uo> ^'` 919.707.9000 uwuan u+navaimrb DocuSign Envelope ID: 819FA98F-D4CA-4CF1-808F-5800DFBE1991 Michael &Tamara Lagana DWR# 20220851 Individual Certification #WQC005126 Page 8 of 10 Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for instate rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 15. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028.0201 North Carolina Department of Environmental Quality I Division of Water Resources ®E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 nrnru�xic ru 919.707.9000 ommmmo..mmemi mr� /`� DocuSign Envelope ID: 819FA98F-04CA-4CF1-B08F-5800DF8E1991 Michael &Tamara Lagana D W R# 20220851 Individual Certification #WQ0005126 Page of 10 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 16. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .O5O6(b); 15A NCAC 02H .O507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .05O7(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland,• and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 18. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC O2H .O507(c); N. C. G.S 143-215, 85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to reW North Carolina DepartmentofEnvironmental Quality I Division of Water Resources E Q2P 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 urn^rc"^o 919.707.9000 R90MM o�talOol� DocuSign Envelope ID: 819FA98F-D4CA-4CF1-BOBF-5800DFBE1991 Michael & Tamara Lagana D W R# 20220851 Individual Certification #WQC005126 Page 10 of 10 contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity,- wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 19. The 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 4303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .O506(b); 15A NCAC 02H .O507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification 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 with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC O2H .O506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. 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 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)) MSK/hs 110 nrmneaxniwEw rk kVeM[A W [mnvt�6lm� This, the 23rd day of August 2022 T�DocuSigned by: - o.K Nh IM 7F741E73B6F3456... for Morella Sanchez -King Regional Operations Supervisor North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director June 24, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) cameron.luck(cDNCDEN R.00v SUBJECT: CAMAID&F Applicant: Michael and tamara Applegate, Ronald and Lorretta Elliott, Anthony and Karen Lagana Project Location: 50, 52, 54 Wilmington SL, adj to Canal #14, Ocean Isle Beach, Brunswick County Proposed Project: The applicants propose to replace approx. 150 linear ft. to bulkhead an average of 2' waterward of the existing bulkhead, resulting in the filling of approx. 300 sgft of Coastal Wetlands and Public Trust Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCMDF 4 SIGNATURE /lcYHra��a2 rt DATE 07/25/2022 RECEIVED JUL 262022 MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Received: 7/7/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24, 2022 NORTH CAROLINA Environmental Quality Due: 7/15/2022 ER 22-1713 No comment — SBA 7/11/2022 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) ca meron.l uck(cD N C D EN R.gov SUBJECT: CAMA/D & F Applicant: Michael and tamara Applegate, Ronald and Lorretta Elliott, Anthony and Karen Lagana Project Location: 50, 52, 54 Wilmington St., adj to Canal #14, Ocean Isle Beach, Brunswick County Proposed Project: The applicants propose to replace approx. 150 linear ft. to bulkhead an average of 2' waterward of the existing bulkhead, resulting in the filling of approx. 300 sgft of Coastal Wetlands and Public Trust Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY SIGNATURE DATE This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Renee Gledhill -Earley NC Historic Preservation Office a,.,e v otdLX taatt 7/22/2022 RECEIVED JUL 222022 MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 k U, mi ', k_ x. ®R i TY .31i Zk F'd. i.: � I _1 i iiR� A A R. N M AN '4 0,1111 - '..� F A. ­2 zk A biLj� 4 4.� !" OF Ad M�IIb�74NtSUM a: F2 I , n c L'd � kl �15 1416l l 1Jt:W -1111VII MOV111 10 PT U Cogerl tv.v Wthbbd pu%g NC), ✓ rp TRi-4, 'V n ,�u - DENRO_ g u&6N n ��,y M; qj VA Vf _4 pw Ant kqplytn Q d 00 L "i-1110 aj ago '1�y ANN ir" gdtt catil 52, 5.4Q (c ) hjnsv�cl dot sty 6 kn' 9,� A- Ming qn: In, reo4ge.a�pM"k I avq r . p -b U, "T. _V7, T did 1j, emmig ggeag rpp�ault in TqoJilling, pffpr0X.0QQlisqTt �a ,yn WRiffi t lip 1 l.Tdoagf tg ndo�'q "ea" T _R j� np iflo Aa lh lease indicate el v Willi W) 1�1 lip, h IM a" 20221 'y- July� It R 1. . dd Ons -dei Offlingit us ect nted rend h -'M #fldt6,l d A.4l 5u 0 n wt, �D !Md i a c e a a med is agency s 'project This a -9 v .0 proleijonlV, ifW#1ecbffa Ali! �bre I a See 14 4.F ts t b This a en:0 1 0 sm in the attached jr A.ifzV comments 1?01 '.T riv tkii M Statelprboal fir", at J Vf. p .00 ge Ent it ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Ditertor June 24, 2022 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) Cameron.luck NCDENR. ov SUBJECT: CAMA/D B F Applicant: Michael and famara Applegate, Ronald and Lorretta Elliott, Anthony and Karen Lagana Project Location: 50, 52, 54 Wilmington St., adj to Canal #14, Ocean Isle Beach, Brunswick County Proposed Project: The applicants propose to replace approx. 150 [[near ft. to bulkhead an average of 2' watetward of the existing bulkhead, resulting in the filling of approx. 300 sgft of Coastal Wetlands and Public Trust Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" V/ 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. PRINT NAME ^' 1 AGENCY SIGNATURE DATE North Carolina Department of Environmental Quality I Division of Coastal Management _ J/ Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28105 rvsage.+.rem.� /"�N 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDECI - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(c)NCDEN R.gov SUBJECT: CAMAID&F Applicant: Michael and tamare Applegate, Ronald and Lorretta Elliott, Anthony and Karen Lagana Project Location: 50, 52; 54 Wilmington St, adj to Canal #14, Ocean Isle Beach, Brunswick County Proposed Project: The applicants propose to replace approx. 150 linear ft. to bulkhead an average of 2' waterward of the existing bulkhead, resulting in the filling of approx. 300 sgft of Coastal Wetlands and Public Trust Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" - 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. PRINT NAME 4ja-h ;�/C✓S AGENCY df A -I." - �S%E dce,L SIGNATURE DATE 2 7 Z Z ®� � North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 '" am.e...n.,wva,� /`� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(aNCDEN R.cov SUBJECT: CAMAID&F Applicant: Michael and tamara Applegate, Ronald and Lorretta Elliott, Anthony and Karen Lagana Project Location: 50, 52, 54 Wilmington St., adj to Canal #14, Ocean Isle Beach, Brunswick County Proposed Project: The applicants propose to replace approx. 150 linear ft. to bulkhead an average of 2' waterward of the existing bulkhead, resulting in the filling of approx. 300 sgft of Coastal Wetlands and Public Trust Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY x This agency has no objection to the project as proposed. **Additional comments may be attached** 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. 11TI 1.=0 Public Water Supply SIGNATURE fglak &e ova DATE 6/28/22 RECEIVED JUN 2 92022 MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24, 2022 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier11-12-09) cameron.luck(aD N CDENR.gov SUBJECT: CAMA /D & F Applicant: Michael and tamara Applegate, Ronald and Lorretta Elliott, Anthony and Karen Lagana Project Location: 50, 52, 54 Wilmington St, adj to Canal #14, Ocean Isle Beach, Brunswick County Proposed Project: The applicants propose to replace approx. 150 linear ft. to bulkhead an average of 2' waterward of the existing bulkhead, resulting in the filling of approx. 300 sgft of Coastal Wetlands and Public Trust Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE /ECG �f� DATE 07/06/2022 Um�MD_EQ� RECEIVED JUL 02022 2022 MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 RecommendationsforStatePermit- Applegate Elliot and LaganaBulkhead June22 2022 It is the staffs recommendation that the applicant's proposal to install approximately 150 linear ft. of bulkhead with 20 linear ft. of return walls, resulting in the filling of approximately 300 ft of Coastal Wetlands and Public Trust Area is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 71-1.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules of 15 NCAC 711.0208 (bx7) Use Standards for Bulkheads. The applicant has proposed efforts to minimize impacts to any adjacent resources. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for bulkheads and upland development. RECEIVED JUN 2 S 2022 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Michael & Tamara Applegate, Ronald & Loretta Elliott, and Anthony & Karen Lagana 2. LOCATION OF PROJECT SITE: The project site is located at 50, 52, 54 Wilmington Street, adjacent to Canal #14 on Ocean Isle Beach, North Carolina. Coordinates: Latitude N 33°53'34.85" Longitude W 78°25'56.58" 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/6/2022 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 4/5/2022 30 Day DWR Pre -Filling Deadline — 6-1-22 Application Complete — 6/15/2022 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Ocean Isle Beach Land Classification From LUP — Residential (B) AEC(s) Involved: ES, CW, PTA (C) Water Dependent: Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - 3 Single family residences, 3 bulkheads, 3 docking facilities, outfall pipe Planned - Install new continuous bulkhead across 3 parcels, waterward of existing bulkhead (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: (AREA] DREDGED FITJED QTHFR (A) Uplands N/A N/A I 3000111 (Disturbed) (B) Vegetated Wetlands N/A 300 ft2 (Coastal Wetlands) N/A (C) Open Water N/A N/A N/A (D) Total Area Disturbed: 3,300 ft(.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: No KE EIVED JUN 2 8 2022 DCM-MHD CITY 8. PROJECT SUMMARY: The applicants propose to replace approximately 150 linear feet of bulkhead an average of 2 ft. waterward of the existing bulkhead, resulting in the filling of approximately 300 ft of Coastal Wetlands and Public Trust Area in the man-made canal in Ocean Isle Beach, Brunswick County. RECEIVED Applegate, Elliot, and Laguna Bulkhead June 22, 2022 JUN 2 S 2022 9. PROJECT DESCRIPTION DCM-MHD CITY The proposed project is located on Canal #14 at 50 Wilmington Street, 52 Wilmington Street, and 54 Wilmington Street in Ocean Isle Beach, Brunswick County. Existing structures across the 3 adjacent properties include 3 single-family residences, 3 docking facilities, 3 timber bulkheads, and a stormwater outfall pipe located between 52 and 54 Wilmington St. Based on DCM records, no previous permit history can be found for any of the existing bulkheads but the application states that they were installed in 1996, prior to the existing dwellings. High ground is located approximately 4ft. above normal high water (NHW) and primarily consists of domestic grasses and ornamental shrubs. Foundation pilings across the 3 parcels range from 5-15ft. landward of the existing bulkhead (See Sheet 2 of 4). The existing bulkheads are located at NHW and span approximately 150 linear feet, stabilizing the east side of the properties. A dense swath of Salt Marsh Cordgrass (Spartina alterna,/lora) grows across the entire waterward edge of the existing bulkhead extending an average of 2511. offshore of the bulkhead. No 404-type wetlands appear to be located within the project area. The waters of the Ocean Isle Beach canals are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the April 2022 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) on site. PROPOSED PROJECT The applicants propose to replace approximately 150 linear feet of bulkhead an average of 2 ft. waterward of the existing bulkhead, resulting in the filling of approximately 300 ft2 of Coastal Wetlands and Public Trust Area in the man-made canal in Ocean Isle Beach, Brunswick County. According to the applicants, the 3 existing 50 ft. timber bulkheads are beginning to deteriorate. The applicants state that as the bulkhead continues to weaken, the pressure exerted from foundation pilings, located as close as 5ft. from the existing wall, create the potential for catastrophic failure. As stated in the narrative, attempting to replace the existing bulkhead in the same footprint could lead to a bulkhead failure and the potential for greater Coastal Wetland fill and surface water impacts than if the proposed bulkhead were stepped out in front of the existing wall. As proposed, the new 150 linear foot bulkhead would span across 3 parcels and step out a maximum of 2 ft. below NHW, with an average distance of 2 ft. (See Sheet 3 of 4) below NHW. The proposed alignment would allow the northern end of the bulkhead to tie into the adjacent bulkhead at 56 Wilmington St. and continue south, crossing an existing drainage pipe located between 54 and 52 Wilmington St. A hole would be cut through the new vinyl wall and the drainage pipe would be extended through the wall to keep it functioning properly. South of the drainage pipe, the proposed bulkhead would continue stepping out a maximum of 2 ft. below NHW and terminate on the south side of 50 Wilmington St. (Sheet 3 of 4). The south end of the proposed bulkhead would terminate approximately 12 ft. landward of the adjacent bulkhead at 48 Wilmington St. (See Sheet 3 of 4). In total, the alignment of the proposed bulkhead would fill approximately 300 ft2 of Coastal Wetlands and Public Trust Area. Vinyl installation would be conducted using a barge -mounted pile driver while high -ground equipment would be limited to a skid steer and hand tools. The proposed bulkhead would be secured with typical tie rods and anchor piles and backfilled with clean upland material at ground elevation, resulting in approximately 3,000 ft2 of high ground disturbance. The proposed continuous bulkhead would terminate with a 10 ft. wing wall on the north end of 54 Wilmington St. and a 10 ft. wing wall on the south end of 50 Wilmington St., making the 150 ft. bulkhead structurally independent from bulkheads located outside of the project area. Applegate, Elliot, and Lagann Bulkhead June 22, 2022 10. ANTICIPATED IMPACTS The proposed bulkhead would step out an average of 2 ft. waterward of NHW, resulting in the filling of approximately 300 ft of Coastal Wetlands and Estuarine Waters/Public Trust Area. Clean sandy loam would be used as backfill material and result in approximately 3,000 W of high ground disturbance. Increased turbidity levels should be expected during project activity. Marsh mats would be used as needed to reduce Coastal Wetland impacts during sheet pile installation. Increased turbidity levels should be expected during sheet pile installation. Backfill material would be trucked in and secured outside of the 30ft. buffer with silt fencing when possible. Submitted by: Brendan Brock Date: June 22, 2022 Office: Wilmington RECEIVED JUN 2 S 2022 DCM-MHD CITY Narrative As the acting agent for Anthony & Karen Lagana, Ronald & Loretta Elliott and Michael & Tamara Applegate who owns 50, 52 & 54 Wilmington Street, Ocean Isle Beach, in Brunswick County, I am submitting the enclosed CAMA Major Permit Application for the installation of a new vinyl bulkhead. As proposed, the new vinyl bulkhead will tie into the corner of the existing bulkhead at 56 Wilmington St. and will be one continuous bulkhead located 2' waterward of the existing failing wooden bulkhead across all three lots. The existing sto mwater drainage pipe located between 52 & 54 Wilmington St. will be extended through the new bulkhead just as it is now. Due to the proximity of the existing dwellings to the existing bulkhead and leaving limited space for equipment to maneuver for the installation of the new bulkhead, we are requesting, and it is extremely important that the existing bulkhead remain in place and the new bulkhead be installed 2' waterward of the existing bulkhead even though there are Coastal Wetlands (primarily Spartinia alternaJlora) right up to the existing bulkhead. The loss of approx. 300 sq. ft. of Coastal Wetlands would have a much less environmental impact than the potential catastrophic failure of the foundation of the dwellings if the existing bulkhead was to be removed. • The project proponent hereby cerkftes that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Please feel free to contact me if you have any questions. Thank you. RECEIVED JUN 2 S 2022 DC"-MHL) CITY IUN 15 MD .2 oCtiiVVJJ I-'4C•;fUtz•Nc ON MP-1 APPLICATION for Major Development Permit post revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl Landowner Information Business Name Project Name (if applicable) Apple ate ElliottLa ana / 54 52 50 Wilmin ton St Applicant 1: First Name MI Last Name Anthony La ana Applicant 2: First Name MI Last Name Karen _ - La ana II additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box I City State 6605 Barton Creek Drive Whitsett NC ZIP Country Phone No. FAX No. 27377-9277 USA 336 327 9798 Bud. Street Address (if different from above) City State ZIP Email karentony337@gmail.com 2. AgentlContrector Information Business Name A entl ontraclor1: First Name Debbie MI Lost Name Wilson JUN.2 Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 16275 City Wilmin ton State NC ZIP 28408 Phone No. 1 910. 612 0402 ext. Phone No. 2 ext FAX No. Contractor # Street Address (ffdiffererdfromabove) city State ZIP Email debbiew75 charter.net RECEIVED <Form continues on back> APR 0 5 2022 DCM WILMINGTON, NC VED 2022 CITY 7 • ADDITIONAL APPLICANT / LANDOWNER INFORMATION Business Name Project Name (if applicable) A le ate Elliott Lagana / 54 52 50 Wilmington St. Applicant 1: First Name MI Last Name Ronald Elliott Applicant 2: Flnst Name MI Last Name Loretta Elliott If additional applicants, please attach an edditional pages) Will names listed. Mailing Address PO Box City State 1202 Do wood Lane - Raleigh NC ZIP Country Phone No. FAX No. 276 7-6818 919' 523 -8631 eM' Street Address (d dl/ferenf from above) City grata ZIP Email. loqglliott@gmail.com mnaldielliott@gmaii.com ADDITIONAL APPLICANT / LANDOWNER INFORMATION Business Name Project Name (If applicable) ADDleaate. Elliott La ana / 54 52.50 Wilmington St. Applicant 1: First Name MI Lest Name Michael Applegate Applicant 2: Firs! Name MI Last Name Tamara —Apple-gate It additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 54 Wilmington Street ocean Isle Beach NC ZIP Country 1 Phone No. FAX No. 28469-7635 USA 910- 880 ' 9979 ext. Street Address (/fdifferent from above) City glare ZIP Email mapplegate27205@gmaii.com 1• ADDITIONAL APPLICANT / LANDOWNER INFORMATION Business Name Project Name (If applicable) Applegate, Elliott, La ana 154, 52 50 Wilmington St. Applicant 1: First Name MI Last Name Applicant 2: First Name Ml Last Name ff additional applicants, please attach an additional page(a) with names listed. Mailing Address PO Box city 1��ia DCM-MI-I ZIP Country Phone No, ext. FAX No. RECEIVED Street Address (tldffferent from above) Ciry State �I� 0.5 2022 Email DCM WILMINGTON, NC ✓ED 20;1 ) CATY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. fi oJect Location - -- County (can be multiple) Street Address State Rd. N Brunswick50 52 & 54 Wilmin on Street NIA Subdivision Name City State Zip Ocean Isle Beach NC 28469 Phone No. Lot No.(s) (if many, attach additional page wfth Nst) 336 - 327 - 9798 ex" ' a. In which NC Over basin is the project located? b. Name of body of water nearest to proposed project Lumber Man-made Canal Off AIWW 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 AIM e. Is proposed work within city limes or planning Jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Ocean Isle Beach 4. Slto Desctlptlaq a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 150' C. Size of Individual lots) d. Approximate elevation of tract above NHW (normal high water? or 0.13, 0.13, 0.065, 0.065 acres NWL (normal water level) (If many lot sizes; please attach additional page with a list) 4, ®NHW or❑NWL 8. Vegetation on tract Ornamental landscaping and lawn grasses. f. Man-made features and uses now on tract Single-family residences, wooden bulkheads, piers, floating docks, floating jet dock and boatlift. g. Identify and describe the existing land uses admit to the proposed project site. Residential h. How does local government zone the tract? i. I. the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Residential R-1 ®Yea []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 JUN If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does It Involve a ❑Yes ®No ❑NA Nallonal Register listed or eligible property? <Form continues on next page> APR 0 5 2021 DCM WILMINGTON. NC EIVED 8 2022 JO CITY I 25?.•808.2UU8 ., 1.888-414CDA8T .. www.nccoa st aim areagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes ❑No (II) Are there coastal wetlands on the site? ®Yes [:]No (ill) If yes to either (1) or (II) above, has a delineation been conducted? ®Yes []No (Affach documentation, If available) See site plan n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activffles and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑PubliclGovemment OPllvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private residential use. 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. Typical marine construction using pile driver and skid steer. d. List all development activities you propose. Instal new vinyl bulkhead waterward of existing deteriorating wooden bulkhead. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What Is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres 3,000 g. Will the proposed project encroach on any public easement, public socessway or other area ❑Yea ®No ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. None proposed RECEIV 1. Will wastewater or stormwater be discharged Into a wetland? []Yes ®No ❑NA JUN 2 8 2 If yes. will this discharged water be of the same salinity as the receiving water? []Yes[]No ❑NA j. Is there any mitigation proposed? Elves ®No ❑NA CM-MH® If yes, attach a mitigation proposal. <Form continues on back> Rt:utivCv APR 0 5 2022 407 i22 252-3e8-2308 ., i-5aa•4R COAST .. www.nccoast riggd5iay erneat.uei. Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. AddltfairW:itithr n ' n In addition to this g0iilpfeted epplication form,. (MP-1) the following items below, if applicablo, mire! be submitted in order for the application package to be bdriafe. Items (a) (i) am Always. applicable to any major development appdaoli please consult the application Inarr/Clian bo0won how to propenypreparefhs.re jilred items below: _ a. A project narrative. -- b. An accurate, dated work plat (Including plan New 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 dead (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 pros i ,net 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. Nana ` Howsird tit Beverly Plant Phone No. Aiddlill ,$11 White plains Road, Hiddenite, NC 28636-8773 Name Phone No. Address Name -� — - — - Phone No. Andrew Sheridan (Buyer of 56 Wilminggton St.) address 9114 Bayalt Way, Huntersvilli NC 28078 g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permitlee. and issuing dates. None Found h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certi/(clatton and PerMisolon to Enter on Land I understand that any permit Issued In response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands In connection with evaluating Information related to this permit application and follow-up monitoring of the project, I further certify that the Information provided in this application is truthful to the best of my knowledge. Date 2/14/22 Print Name Debbie Wilson. Agent RECEIVED Signature 7Da A'4. (.(%'.weir-,4r_4t JUN 2 S 2022 Please indicate application attachments pertaining to your proposed project. NOW MP-2 Excavation and FIII Information ❑DCM MP-5 Bridges and CulvertRECEIVED'JCM-A i1 CITY ❑DCM li Upland Development ❑DCM MP-0 Structures Information APR 0 5 2D22 DCM WILMINGTON, NC 252-$08-250e :: 1-889.4RCOAST :: www.nCcoastalmanagernonl.net 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 f. 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 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 ❑WL ❑None III) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (11) If no, attach a letter granting permission from the owner d. High -ground excavation in cubic yards. ®This section not applicable area. d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (it) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh I. (CW), submerged aquatic vegetation (SAV), shell bottom (88), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL _ ❑None (li) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? RECEIVED []Yes []No ❑NA (II) If yes, how much water area is affected? JUN 2 8 2022 DCAA-,iflD CITY ,IUN 1 " OC,M WILWWCa I C'N' t4f"' 252-808.2808 :: 1-880-1RCOAST :: wvew.nccoast_almanagoment.net rervleadt 12126M Form DCM MP-2 (Excavation and rill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development fe a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: DIY ®Bulkhead ❑Riprep ❑Breakwater/Sill ❑Other. c. Average distance waterward o NIiVJ r NWL. e. Type of stabilization material: Vinyl sheathing g. Number of square feet of fill to be placed below water level. Bulkhead backfill 3 sq.ft. Riprap Breakwater/Sul _ Other I. Source of fill material. Upland source Width: 1. d. Maximum distanoewaterward rrl 7W—&r NWL: I. (I) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (II) It yes. state amount of erosion and source of erosion amount Information. h. Type of rill material. Clean sand 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? FlYes ❑No ❑NA b. (i) Will f ll mate ial be Waced in coastal wetlands/marsh (CW). If yes. (it) Amount of material to be placed In the water =sq.ft. (III) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. I JCW ❑SAV _ ❑SB OWL []None (It) Describe the purpose of the fill In these areas: I& GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled7 backhoe, or hydraulic dredge)? Silt fence c. (i) Will navigational alds be required as a result of the project? []Yes []No ®NA (ii) If yes, explain what type and how they will be implemented. Pile driver and skid steer d. (I) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. ��Uti1 I (RFl; .;A52021 2/14/22 Revised 6114/22 Debbie Wilson, Dale Applicant Name Applegate, EIGoti, Lagana 54, 52 50 Wilmington SL pa'4'(4 a4&'M A,sa tt- RECEIVED Project Name Applicant Signature JUN 2 8 2-'2 252.808.2808 :: 1-888 AR COAST :c W W W.neeoastgima111�ement.ga4 d.. (N ROY COOPER Governor ELIZABETH S. BISER 5t mlary BRAXTON DAVIS Direrfor NORTH CAROLINA Envbonmental Quaftly June 22, 2022 SENT VIA EMAIL Michael & Tamara Applegate, Ronald & Loretta Elliot, Anthony & Karen Lagana c/o Debbie Wilson (Agent) PO Box 16275 Wilmington, NC 28408 SENT VIA EMAIL RE: CAMA Major Development Permit Application — 50, 52, 54 Wilmington St. Bulkhead Dear Ms. Wilson: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Applegate, Elliot, and Lagana, for State approval for the construction of a bulkhead, located at 50, 52, and 54 Wilmington St., Ocean Isle Beach, Brunswick County, NC. It was received complete on June 15, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 29, 2022. 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 June, 15, 2022 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-1 19(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, �- Brendan Brock Field Representative cc: Cameron Luck, MHC Keith Dycus, LPO WIRO DCM USACE Holly Snider, DWR Michael & Tamara Applegate, Ronald & Loretta Elliot, Anthony & Karen Lagana, Applicants RECEIVED �t JUN 2 8 2022 D��^y North Carolina Department of Environmental Quality !Drvlsion m• Coastal Management DCM-MHD CITY �f7d' WIMIngton Onke' R? Cardinal Drivr Extension; Wilmington. North Carolina 23405 w ` '' N0T1(0'$1g4j AMA PERMIT APPLIED FOR PROJECT: Applicant proposes to replace approx. 150 linear feet of bulkhead an average of 2' waterwar o e • e in the failing of 300 sqft of Coastal1 • • - • - canal #14, Ocean Isle Beach, Brunswick County. COMMENTS ACCEPTED THROUGH --Juor-,?�2022 APPLICANT Id & Loretta and Anthony & Karen Lagana Wilmington St. 0 Ocean Isle Be3ch, NE; ZB4f3!j —0- Debbie Wilson X �' r (910) 612-0402 n FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: tt Iv. o oas a agement 127 Cardincalr. ERE Wi mtng on, ren an roc - ROY COOPER (:orcnmr ELIZABTH BISER 5'rrre,ary BRAXTON DAVIS l Air. mq Um�munJ('nnrtnl A4nnngrmrru June 24, 2022 Stamewslegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • William & Karen Clark— Brunswick County • Applegate, Elliott & Lagana — Brunswick County • Saltmeadow Way, LLC — New Hanover County • Barton & Sandra Williams —New Hanover County Hello: Please publish the attached Notice in the Thursday, June 30, 2022 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 Tanya Piedla at life NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 2840S, 910-796-7226 (Customer No. 48989S). Thank you for your assistance in this matte cc: MHC Files Cameron Luck — MHC USACE r. Si erely, nya Pietila Permitting Support & Customer Assistance RECEIVED JUN 28 iT'2 Slate oftlonh Carolina I Environmental Quality l Coastal Managemmt DCM-MHD CITY 127 Cardinal Drive Exl., Wilmington, NC 28405 9197%7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permit in Areas of Environmental Concern as designated under the CAMA: On June 20, 2022, William & Karen Clark proposed to expand an existing private docking facility from two (2) slips to a total of three (3) slips at 308 W. Yacht Dr., adj. to the AIWW in Oak Island, Brunswick County; On June 22, 2022, Michael and Tamara Applegate, Ronald & Loretta Elliott, and Anthony & Karen Lagana proposed to replace approx. ISO linear feet of bulkhead an average of 2' waterward of the existing, resulting in the filling of 300 sgft of Coastal Wetland and Public Trust Area at 50, 52, 54 Wilmington St., adj. to canal #14, Ocean Isle Beach, Brunswick County, On June 23, 2022, Saltmeadow Way, LLC proposed to install a new vinyl bulkhead 2' waterward of the existing wall, relocate an existing boadift & construct a second docking facilityfor a total of four (4) slips at 32 Saltmeadow Rd., adj. to Banks Channel on Figure Eight Island, Wilmington, New Hanover County; And on June 23, 2012, Barton & Sandra Williams proposed to demo the existing docking facility & construct a new four (4) slip facility at 608 N Channel Dr., adj. to Banks Channel in Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Patrick Arnica (Clark), Brendan Brock (Applegate, Elliott, Lagana) or Tara MacPherson (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 (Patrick Amico), (910) 796-7270 (Brendan Brock) or (910) 796-7266 (Tara MacPherson) 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 July 21, 2022 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 JUN 2 8 2022 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: ' alu, 1\a(/mc" Mailing Address:44 c� C- Phone Number: ��.- Email Address: t/ct r t'. _1-A)") J I certify that I have authorized Debbie Wilson, Agent Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: dad (Let at my property located at in &-4/5W'I ` County. I furthermore certify that / 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. Title C�I�I�X Date This certification Is valid through RECEIVED JUN 2 8 20192 DCllrt-r"4'L M' CITY RECEIVED APR 0 5 2022 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: Ron and Lori Elliott 52 Wilmington St. / 1202 Dogwood Ln. Ocean Isle Beach, NC 28469-7635 / Raleigh, NC 27607 919.523-8631/919-931-7890 lorijelliott@gmail.com / ronaldielliott@gmail.com I certify that I have authorized Debbie Wilson, Agent Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Bulkhead Project at my property located at 52 Wilmington St., Ocean Isle Beach 28469-7635 in Brunswick County. 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: Signature Ronald I. Elliott Jr. Print or Type Name Title 01 / 11 / 2022 Date This certification is valid through 8 / 01 / 2022 RECEIVED JUN 2 8 2022 DCM-MHD CITY RECEIVED APR 0 5 2022 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: N i cl w#-` ¢ 1Avr Alo p %�qa l e-- Mailing Address: Phone Number: Email Address: I certify that I have authorized I - (�91U) R8v-'3179 n8applip 0Oat ai�D�C'aLs?tM4tt� •Gam Debbie Wilson, Agent Ageni I Contreclor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: je), I je k e aj 1Cy ✓ S W 'llw►n� J �CPan.� �� �� ct, at my property located at in -Brv1,y15wt uf-Eounty. f 2-"bq l furthermore certify that l 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 /ands in connection with evaluating information related to this permit application. Property Owner Information: A7itt wl lj Q i7 11- t tti arrA S nalu e 1 Print or Typo Aleflie VjMeY5 Title ---------- -- ! 13 1 Z2 Date This certification is valid through I I RECEIVED JUN 2 S 2022 DCAR-fu f-lD CITY RECEIVED APR 0 5 2022 DCM WILMINGTON NC ■ 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 mallplece, or on the front If space permits. 1. Article Addressed to: Andrew Sheridan 9114 Bayart Way Huntersville, NC 28078 A. X D. Is delivery etltlreis di w gflp0) 1 ❑ If YES, enter tl ow: ow ❑ No n!�R 0 5 202? ,.ni asrninTON. NC lllllllllI'llIllllllIIII(IIIIIIIIIIIIliIIIIIIII u. amvnce iypu Adult Signature ❑ pdorlty Man aromerA Registered* 0 ❑ Adult SiMetreRestrclodDelvary Cedffld9590 ❑eabtaed RMallReetOcled 9402 6697 1060 2737 55 0 Cadired Mar Restnctea Delivery 0 Signal Confinnauun- ❑CollectonDelivery ❑ Signature Con&matlon 2. Article Number (71anster7R)m service label) ❑ Collect on Delivery Restricted Delivery Restricted Delivery 7020 2450 0000 7529 1455 ❑ Insured Mail 0 insured Mau Restricted Delivery -- lover MI PS Form 3811, July 2020 PSN 7630-02-000-9053 Domestic Return Receipt ■ 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 mailplece, or on the front If space Daryl Joshua and Carolyn Johnson 325 Crooked Creek Lane China Grove, NC 28023-5668 IIIIIIIIII IIII IIIIIII IIIIIIIIIIIIII IIII IIIIII III 9590 9402 6697 1060 2737 62 7020 2450 0000 7529 1462 3 Form 3811, July 2020 PSN 7630-02-000-9053 A. I u 0 Agent 0 Addressee a. R slued by-P�PPrinted Name) C. Date of Delivery50SZA Jwfas D. s de iliv I(Qnl 17 Yes 11 YES, � a a,s tfS ❑ NO APf�.0�12 5 iDi2 3. SeMne 1 e \ /D pdo Mall Eapress) ❑ Adult Slgneru ❑ q tared Meil^' ❑ AduH Signature trlol�➢elN�ry epbtered Mall Reardoled 0 canines Mara oe4vary ❑ Cedifled Mee Restri led Del ry ❑ algreture Connrrnibn`a 0 Cal on Delhery 0 Slgreture Conitrmelbn ❑ Collect on Delivery Postdated! Delhery Restricted Delhery ❑ Inured Mail ❑ Inured Melt Restricted Delivery Domestic Return Receipt ■ Complete Items 1, 2, and 3. 1 A. signature p ■ Print your name and address on the reverse X �� / l Z �' so that we can return the card to you. l ❑ Adi ■ Attach this card to the back of the malipiece, 8. Receiv l, tay''(Pd•r'ited Name) C. Date of or on the front If space permits, d L./�/" 1. Article Addressedto: Ili D. Is delivery address differe0�t(�rppr�{it 17 ❑Yes If YES, enter dellvw bddreli ! 0 No Howard and Beverly Plant 911 White Plains Road Hiddenite, NC 28636-8773 IIIIIIIIIIIIIIIIIIII Iiilllllllllllllllllllllll 9590 9402 6697 1060 2737 79 7020 2450 0000 7529 1479 PS Form 3811, July 2020 PSN 7630-02-000-9053 R 0 5 2027 RECEIVED JUN 2 8 2022 3. Service Type ❑ Prior" Mail Expresso DCtlj,,. D Adult Slgnelure ❑ Adult Signature Realdcted Dal D Reglslered Mal Pe �,,, ,�-, n ❑Reglslered Mal Resirleled 'uu tally D Cerl Mad® Delivery ❑ Cal Mall Pestdged Delhery ❑ Signature ConNmatlon.a ❑ colect on Delivery ❑ 5gnature confirmation ❑ collect on Delivery Real Delivery Restricted Delivery D Insured Mall ❑ Insured Mall ReeUkted Delivery Domestic Return Receipt 20 pop Orw . M. CleseM Rpbbr of DeeN ta47-2011 t0:30:0l. Mt OruMwet CeunlY, ae VO Me RENI.E aTZ: W70.00 (0300=7) et yfo+3ent 1_ G, ...... ReV .t Cks_ _ Cho_ tMSr;�rnl._- ❑�SUIQleehn..::eku+:. ':a:�rtrWUY6fi 0/1{pip„ likra'rano�^ems•.::. �, _^^ry�nioa ir51NRtl:vI lrJi:re.[..: gBlgl-i4d Or[a(YBLL NORTH CAROLINA SPECIAL WARRANTY DEED THIS INSTRUMENT WAS PREPARED BY DAVID M. WARREN, ATTORNEY AT LAW, POYNER SPRUILL LLP, P. O. BOX 1801, RALEIGH, NC 27602-I801, WHO IS A LICENSED NORTH CAROLINA ATTORNEY. DELINQUENT TAXES, IF ANY, SHALL BE PAID BY THE CLOSING ATTORNEY TO THE COUNTY TAX COLLECTOR UPON DISBURSEMENT OF THE CLOSING PROCEEDS 'Without Title Examination* NORTH CAROLINA BRUNSWICK COUNTY Revenue: $920.00 Grantor states that the Property does not include the primary residence of Grantor. This Special Warranty Deed is made this 16day of May, 2011, by and between RBC Bank (USA) ("Grantor"), whose mailing address is 131 N. Church Street, Rocky Mount, NC 2780Z and Michael pp4� Apple te, ("Grace'), whose mailingaddress is a t T0.mClR) T. H� nt designations "Grantor' and "Grantec" as used herein ASS 'bao' NC 27205 shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. RECEIVED JUN 2 8 Z022 DCM-MHD CITY RECEIVED APR 0 5 202'r DCM WILMINGTON NC Y. WITNESSETH: That Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, North Carolina ("Property"), and more particularly as follows: BEING all of Lots 83 and 84, Block 14, according to a map entitled, "An Addition to Ocean isle Beach, Section B & C," prepared by Howard M. Loughlin, Registered Surveyor, February 3,1960, and which said map is recorded In Book of Maps 6, at Pagel, in the Office of the Register of Deeds of Brunswick County, North Carolina. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2973. Page 559, Brunswick County Registry. To Have and To Hold the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Orantee, that Grantor has done nothing to impair such title as Grantor received to such land, and that Grantor will warrant and defend such title against the lawful claims of all persons claiming by, under, or through Grantor, except that title is conveyed subject to the lien for any and all unpaid taxes, all easements, restrictions, rights of way, covenants, encumbrances and other matters appearing of record. THE REAL ESTATE IS HEREBY CONVEYED "AS IS", "WHERE IS", AND WITH ALL FAULTS AND GRANTOR MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER WHETHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE REAL ESTATE (WITH THE EXCEPTION OF TI4E WARRANTY OF TITLE CONTAINED HEREIM, THE AVAILABILITY OF UTILITIES, ACCESS OF THE REAL ESTATE TO PUBLIC ROADS, APPLIANCES OR TIIE CONDITION, ADEQUACY OR SUITABILITY OF THE REAL ESTATE FOR ANY PURPOSES. GRANTEE SHALL NOT RELY ON ANY WARRANTY OR REPRESEN'TATTON OF GRANTOR OR ANY AGENT, EMPLOYEE OR REPRESENTATIVE OF GRANTOR, AND GRANTEE ACCEPTS THE REAL ESTATE "AS IS", "WHERE IS", SUBJECT TO ALL FAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND (EXCEPT THE WARRANTY OF TITLE CONTAINED HEREIN), INCLUDING BUT NOT LIMITED TO, MATERIALS, RECEIVED JUN 2 8 2022 DCM-MHD CITY RECEIVED APR 0 5 202% DCM WILMINGTON NC: H IIIIIIII III II IIII+IIII IIII II �31&a glue,,'so !' �,6 �.. WORKMANSHIP, GOOD AND WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, HABITABILITY, TENANTABILMY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR THE ENVIRONMENTAL CONDITION OF THE REAL ESTATE AND THE PRESENCE OF OR CONTAMINATION BY HAZARDOUS MATERIALS, AND GRANTOR HEREBY DISCLAIMS ANY SUCH WARRANTY (EXCEPT THE WARRANTY OF TIME CONTAINED HEREIN). GRANTEE HAS DETERMINED ON GRANTEE'S BEHALF (1) THE PHYSICAL CONDITION OF THE PROPERTY AND THAT THERE IS NO DEFECT OR CONDITION WHICH IS UNACCEPTABLE TO GRANTEE (ii) WHETHER ANY PORTION OF THE PROPERTY LIES IN ANY FLOOD PLAIN, FLOOD WAY OR SPECIAL FLOOD HAZARD AREA, (iii) WHETHER ANY GEOLOGICAL FAULT OR UNSATISFACTORY SOIL CONDITION EXISTS ON ANY PORTION OF THE PROPERTY AND (iv) THAT ALL ENVIRONMENTAL CONDITIONS RELATING TO THE PROPERTY ARE ACCEPTABLE TO GRANTEE. THE GRANTEES ARE EXECUTING THIS DEED TO ACKNOWLEDGE THE PROVISIONS OF TIES PARAGRAPH. In Witness Whereof, the Grantor has caused this instrument to be signed in its corporate name by its duly authorized officers, the day and year first above written. ,titt nANUMA RBC Bank (USA) By: Phcl�_>!I�C1xo Name; Glen/ N r)-Oc v-. Title: Bank icer Acknowledged and accepted this _ day of _ 2011 by: JUN 2 8 2022 D e R RA HD CITY RECEIVED APR 0 5 202� DCM WILMINGTON. NC arunluleF o rends D{pee 1 er { STATE OF ti— COUNTY OF AlaAll 1, a Notary Public for the County and State aforesaid, do hereby certify that the foregoing i trument was voluntarily executed for the purposes therein stated by who personally appeared before me this da and acknowledged that he is the of RBC Bank (USA), and that he, as �, being authorized tal6io do ao, ecuted the foregoing on behalf of RBC Bank (USA), an is personally known to me. Witness my hand and official seal this,. I bili day of May, 2011. DENSE S. PRIDGEN NDTMYPUBLIC By' , wteN cotxrrY, Nc Notary Public in attd.f�r t Mate of Printed Name: (' (Affix Notary Sea[) My Commission Expires: L -/(n , 0 0 STATE OF COUNTYt I eatffy dud the following person personally appeared before me this day, acknowledged to ate that he or she signed the foregoing document: Witness my hand and official seal this _ day of , 2011 By: Notary Public in and for the State of Printed (Affix Notary Seal) My Commission Expires: RECEIVED JUN 2 S 2022 DCM-MI-ICE C-ITY RECEIVED APR 0 5 2022 DCM WILMINGTON, NC �whee uu.. umio.u�•.. wmyweu. ,"rem ISM, fees, easeemenb or other Item wnch do Brunswick County TV CoWor Is carped With cosedst ,that ere Z lion on: Panel Number_. -� as not&W by the Bmnewkk County AsNa Ws OMoe. TN* Is not a cenaioatlon that tit parcel number matches the dean �laser"qn.pp7n Revenue Stamps: S1,370.00 Parcel No.244PBM702 IIIIIIIIIBIIIIItIIIII�III�II111N1 B44M ?ads B�unaul County C eelst.r oI efetle oatle I Or VRW Brentla M. clweon. -_ 07-23-2620 tl �38: SB.eeD arune"loNeCountys NC NC aa1'aIAE sr0rq sl77ef1'[1M ("86708) ea nN.tiv's dw to a,uWn nnt. t" Iml Car; 1WJ11 b;• or�irtc s,i-*rrt Mti n=hwttx+ep!oohzeu ar Wp,Ca. This instrument prepared by: The Webster Law Firm, PC. Delinquent lases, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief Description: Lot 85, Block 14, Section B & C, Ocean Isle Beach AS Shown on a map recorded in Book of Maps 6 at Page 1, Brunswick County Registry. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 2 _ day of July 2020, by and between GRANTOR GRANTEE DEBRA W. KRAFT, widow RONALD I. ELLIOTT, JP., and wife, LORETTA J. ELLIOTT 1728 Penncross Drive 1202 Dogwood Lane Greenville, NC 27834 Raleigh, NC 27607 The designation Grantor and Grantee as used herein shall include said parties, their hairs, suoeessors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: The Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, bas and by these presents does grunt, bargain, sell and convey unto the Grantee in fee simple, subject to the roservations and restrictions hereinafter stated, all that certain lot or parcel of land situated in Shallotte Township, Brunswick County, North Carolina, and mom particularly described as follows: BEING all of Lot 85, Block 14 according to a map entitled "An Addition to Ocean Isle Beach, Section B & C", prepared by Howard M. Loughlin, registered surveyor, February 3, 1960, and which said map is recorded in Book of Maps 6 at Page 1, in the office the Register of Deeds Brunswick County, North Carolina. Francis F. Kmft died on September 15, 2019, death certificate filed in Book 106, Page 818, Brunswick County Registry. RECEIVED 2 8 2022 DCM- v!1' i' CITY RECF11iE1- /APR 0,5 70: DCM WILMINGTC)N ",; Brun wic County�������. e !4403aP02CJ 6T sMoo za For back referem see Book 3795, Page 724 of the Brunswick Counry Registry. Francis F. Kraft died on September 15, 2019, a resident of Brunswick County, North Carolina. The above described lot or parcel of land is also known and identified as Brunswick Coumy Tax Parcel No. 244PB02702. Pursuant to N.C.G.S. Section 105-317.2, the mailing address of the Grantor and Grantee are stated above. The property eomseyed hereby does not include the primary residence of the Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, subject to the reservations and restrictions set out herein. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Omntor will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions herein stated. Title to the property hereinabove described is subject to the applicable restrictions and easements of record, applicable zoning and land use laws, ordinances and regulations and ad valorem taxes for current and subsequent years. IN TESTIMONY WHEREOF, the Grantor has hereunto set his or bey hand and sea] on the day and year first above written. , n 1J - W . (SEAL) Debra W. Kmft STATE OF NORTEj CAROLIIJA COUNTY OF 1, a Notary Public of the State aforesaid, do hereby certify that Debra W. Ktaik the principal, personally appeared before me this day, and (i) I have personal knowledge of the identity of the principal, or (ii) I have seen satisfactory evidence of the principals' identity, by current State or Federal identification with her photograph thereon in the form of a A — , and that the principal acknowledged to me that he or she voluntarily signed the foregoing document for the purpose therein and in the capacity indicated. Witness my hand and official stump or seal, this the Z � dd0sy of July 2020 f� otery Public MadC"cm � - Notary Printed or typed nar�e - (Seal) My Commission BZoas. `'T•%%Zil slim HMpa� FlR u d WmaM RECEIVED RECFIVFr,- JUN 2 8 2022 DCWIVt17 CITY APR 0 5 20- £ DCM WILMINGTTON NC 111111111111111111111111111111II 11111 12:SG:Z ODD BOOK:4417 PAGE:912 DO/ 13)2020 b"lda M.Clennm,u.arvmwlck County.NCO,gl ,,ofO"Oe1of3 &enda M. Cfemnan. Eu,nwkk Ceunh. NC Rplua of Deed, O6/13/202012:56:26.000 W REWIIe STAMP'. HOSO.oa This instrument prepared by. David L. Wortman, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. No title opinion or closing services rendered by preparer. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1,050.00 Plural Idendtiar No.244PBO27 Verified by County on the _ day of 20_ Br. PREPARED WITHOUT EXAMINATION OF TITLR Mail/Box to: Iddings do Thacker, PLLC, PO Box 5505, Greensboro, NC 27435 This Instrument was prepared by. The Wortut a Law Firm, PLLC, 624 Village Rd, Suite 1, Shallotle, NC 29470 Brief description for the Indax: L-86 B-14 B&C OIB PLAT 6/1 THIS DEED made this 133 day of Angus t 20__M by and between GRANTOR GRANTEE HOWARD L. PLANT k wik, ANTHONY LAGANA A wife, BEVERLY S. PLANT KAREN LAGANA 911 White Plains Road 6605 Barton Dreek Drive Elddenits,NC23636 Whits NC27377 Ada in appropriaee block for each par ly: name, address, end, ff appropdate, cheracher of entity, a g. corporation or parmership. The designation Grantor end Grantee as used herein shall include said parties, tlrob heirs, successors, and assigns, end shall include singular, plurzl, maxvlma, fitoloine or neuter as required by context. WITNESSETH, dad the Ormmr, for a valuable consideration paid by oGrantee, the receipt ofwhichis hereby acknowledged, has and by these presents does great, bargain, sell and convey unto the Graniec In ft simple, all that cerlainkot orparocl of land situated In the RECEIVED City of Ocean lisle Beads, ShaBatte Township, Brunswick County, North Carolina end mom particularly described as follows: "SEE ATTACHED" JUN 2 S 2022 Ilia property hesemelgve described was acqurtM by Grantor by inagun ant retarded in Book 1155, Page 562. All me portion of the pttporty bereln conveyed —includes or xx does not include the primary regidmce of Grantorr. E C E I "(Lq , . CCTV APR 0 5 ?n-, DCM W11-MINGTON, N(. Submitted electronically by Iddings Thacker, PLLC In compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds. II'I„ I�II""II I') II'll I' J'II 1111111 BOOK:4417 PAGE:913 12/56260000 Brenda M. Clenxnas, Bmnswick County. NC Re01s,e Page 2 of 3 of 0<eds A map showing the above described property is recorded is Plat Book 6, Pagel. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in The simple. And the Grantor covenants with the Grantee, that Grantor is seized ofthe premises In fee simple, has the right In convey the am= in fee simple, that title is merketable and fine and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawtbl claims of all puma whomsoever, other then the following exceptions: Subject to Restrictions, Easements and Right of Ways as may appear of record. IN WITNESS WHEREOF, the Grantor bus duly executed the foregoing as o�day and year first above written. (SEAL) oward L. Plant i otaryPublic, certify that Howard L Plant and Beverly S Plant personally appeared before me this day mention of the foregoing instrument for the purposes therein expressed. Witness my hand and Nota iai Of —� Notary Public instrument end this Register of Deeds for County Deputy/Assistant - Register of Deeds RECEIVED JUN 2 R ?022 DC;. RECEIVEF APR 0 5 2921" DCM WILMINGTON, NC: II' II' I' I I"" II I I I II'll I"I I I I I'I'II BOOK:4417 PAGE:914 1381312020 /5G:3 of 000 Page 3 of 3 Brenda M. Clena,wns. Bmuswlck Comny, NC Nepls[er of Deeds AB of Lot No. 86, Block 14, An Addllon to Ocean laic Beach, Sections B & C, as per map thereof recorded In Book of Maps 6, Page 1, Office of the Register of Deeds of Brunswick County, North Carolina. Property Address: 50 Wilmington Street, Ocean Isle Beach, NC 28469 RECEpIED JUN 2 8 .22 RECF..DC.M-MH; : ,:;IrY APR 0 5 ZD1 DCM WILMINGTON NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24,2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(o)NCDENR.gov SUBJECT: CAMAID&F Applicant: Michael and tamara Applegate, Ronald and Lorretta Elliott, Anthony and Karen Lagana Project Location: 50, 52, 54 Wilmington St., adj to Canal #14, Ocean Isle Beach, Brunswick County Proposed Project: The applicants propose to replace approx. 150 linear ft. to bulkhead an average of 2' waterward of the existing bulkhead, resulting in the filling of approx. 300 sgft of Coastal Wetlands and Public Trust Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** 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. PRINT AGENCY SIGNATURE DATE RECEWD JUN 2 8 DCA.14vPg1„, ry 4, �DWQ-;' ow.w�i North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Fee: $ # 117pq CDAITS MHC cc Applicant ;t�...%T. i ,t '.fF , t Agent/Contractor: U I ' W o Project Site County: 7vA Staff: ! r �a rM ( C District: W/lm/ngton Project Name: t t b ((4 over File: n/a River Basin: vhbi ✓ Initial date of application su mi Dale application "received as complete" in the Field office: Permit Authorization: ❑ CAMA ❑ Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes o PNA: ❑Yes o Photos Taken: Yes No Setback Required (riparian): Yes Po Critical Habitat: Yea Mo ❑Not Sure 15 foot waiver obtained: OYes o Hazard Notification Returned: ❑Yes No SAV: ❑Yes fZ1No ❑Not Sure Shell Bottom: Yes o Not Temporary Impacts: Yes No / Sure Sandbags: Yes FNo ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: MYes []No ❑Yes XNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes o ❑NA ❑Yes Q9No ❑NA _ 156 FT. Shellfish Area on: Project Description: (code) Development Area: (code) Open -or Closed P O cl eL` SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) I U Swamp Waters (SW) High Quality Waters (HQW) I U Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salioornia sp.) wetlands) ❑ (CJ) Saw grass (Cledium jamaicense) (SA) Salt marsh cordgraas (Spartina El (SY) Sall reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (DisUchlis Ll (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) SR) ❑ (JR) Black needlerush (Juncos E3 (SP) SalUmeadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Pdv. public or Comm w/ D&F to 1 can be applied - $250 c e; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major U IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 ❑Majordevelopmentextensionrequest- C1 II. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs IJUN 2 8 202? DWQ agreement - $400 DCM-klk-lr<- ;rti Applicant No (trt� f (1rJl �,�i .-.ti ISuIk Date: Z S 22 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 Dimensjl�imension 2 Dimension 3 Dimension 4 One One New Work Replace Maint❑ ❑ Y N ' V New Work Repla Maint ❑ ❑ Y ❑ N New Work O Replace Maint ❑ ❑ Y ❑ N New Work Replace -- Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace _- Man t ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Main/ ❑ ❑ 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 Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any anticipated restoration anyanticipated restoration and/or restoration or and/or temp restoration or temp impact tamp impacts) 2 Impact amount) temp impacts) amount Dredge ❑ Fill IN Both ❑ Other ❑ c� NDredge ❑ Fill ❑ Both ❑ Other r�,� 060 1T Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Rt• li 919-733.2293 :: 1-888-4RCOAST:: viww.nceoastalmanaaement net FD JUN 2 8 20"? DCM-MHD CITY revised: 02/26/18 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 5/5/2022 Anthony Lagana same State 1309 $400.00 Major Fee, 50 52 54 Wilmington TP for BB Employees St, OIB BrCo SPLIT 60/40 rct. 13488 CU v n a r z n m v Major Permit Fee Schedule Project Name: S�•S�w'� $1 County:n 1�✓ Check No & AmounYt'(� O -1-3 Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) No. 4175 can be applied. III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional 00 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concems related to water quality or aquafic life: MID). If General Water Quality Certification No. 4175 cannot be apple $400 60%($240) 40%($160) IV Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED JUN 2 8 2022 CITY Vicinity Map 0 cut_PE.PPI'R RD'SW c _.,_. [:ULPFPPF.R•RD x 1 � 11t1 ` 1 S4cG �. Brunswick County GIS .-�N F1RSt yS' Apple ate I Elliott / Lagana 54 / 52150 Wilmington St. Ocean Isle Beach Brunswick County Prepared By: Debbie Wilson 2/9122 1 S Wheat t of 4 N x �J `RAv`N 57 7 0 J Fryl E i vN x a O .0. o x x. g C c� qZ a y O O N ..�'' RECEIVED v. JUN 2 S 2022 DCM-MHD CITY Atlantic Ocean RECEIVED APR 0 5 202? DCM WILMINGTON. NC X-Sec i ns Typical Bulkhead X-Section NTS Appleggate / Elliott / Lagana 54 / 52 / 50 Wilmington St. Ocean Isle Beach Brunswick County Drawn By: Debbie Wilson 2/9/22 NTS Sheet 4 of 4 ED 022 CITY RECFI\/F l APRON?; DCM WILMING70N. NC Legend ■ = Foundation Pilings * = Marsh NLW— Edge of_ Marsh tL Existing lk y 'k y X y y y y Existing Structures .4 Man -Made Canal y W y y. Existing Z 5'a y NHW4.y y y Bulkhead 14' Existing N Existing I Existing --- --- y � W y Ic y y W y y y Marsh y. y dNHWa, v, m 11fv r,u 15, WMA T Existing "1' 14' Bulkhead I Applegate / Elliott / Lagana 54 / 52 / 50 Wilmington St. Ocean Isle Beach Brunswick County Drawn By: Debbie Wilson 2/9/22 Scale: 1." = 20' Sheet 2 of 4 Andrew Sheridan Michael & Tamara Ronald & Loretta Anthony & Karen Howard & Beverly Plant nWilmington St. Applegate Elliott Lagana 48 Wilmington St. 56 Ocean Isle Beach 54 Wilmington St. 52 Wilmington St. 50 Wilmington St. Ocean Isle Beach Ocean Isle Beach Ocean Isle Beach Ocean Isle Beach L P L P L I P P L 50' 50' RECEIVED JUN 2 8 2022 DCM-MHD CITY RECEIvrj.-:, L APR 0 5 20?2 DCM WILMINGTON NC' Iling 4*�Z"" Legend ■ = Foundation Pilings y = Marsh — = Proposed Bulkhead \\�= Tie -back Area NLW— Edge of_ Marsh y Ik Existing Bulkhead Andrew Sheridan 56 Wilmington St. P Ocean Isle Beach L Proposed Structures --k--Man-Made Canal 1101 I I Existing l Existing Existing Existing y y y W y �LExisfingwXPro osedage w y. y1V 6Pipe *Blkheady y y y y Marsh y 25' y y y y y y L Michael & Tamara Applegate 54 Wilmington St. Ocean Isle Beach — 50' — Dwelling 4' 0 Ronald & Loretta Elliott 52 Wilmington St. Ocean Isle Beach ling L Existing y Proposed jk Bulkhead y Anthony & Karen Lagana 50 Wilmington St. Ocean Isle Beach L Applegate / Elliott / Lagana 54 / 52 150 Wilmington St. Ocean Isle Beach Brunswick County Drawn By: Debbie Wilson 2/9/22 Scale: 1" = 20' Sheet 3 of 4 Revised 6/14/22 NLW Existing "I' Bulkhead 'roposed Bulkhead 2' Waterward of Existing Howard & Beverly Plant 48 Wilmington St. Ocean Isle Beach 0 L RECEIVED JUN 15 201', WILMINGTON, NC RECEIVED JUN 2 8 2022 DCM-MHD CITY