6-15TX Poteat Smith Properties LLC

Perbit Class Permit Number
TRANSFER 6-15
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and Q•�►
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Potent Smith Properties, LLC,100 Pearce Drive, Jamestown, NC 27282
Authorizing development in Brunswick County at Atlantic Ocean, 7402 E. Beach Drive, Oak
Island as requested in the permittee's application dated 10/22/14 (MP-1 & MP-2) and
11/4/14 (MP-3). includine the attached workman drawings (2). as referenced in Condition No. 1 of this permit.
This permit, issued on March 25,?015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
oe subject to tines, imprisonment or civil action; or may cause the permit to be nuts ana Vora.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (2), both dated 10/21/14 and the AEC Hazard Notice dated received in
the MHC office 11/12/14.
Upland Development
2) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with
the development of the above referenced property, including the single family residence and
driveway, all as expressly and specifically set forth in the attached permit application and workplan
drawings. Any additional land disturbing activities and/or construction may require a modification of
this permit. Contact a Division of Coastal Management representative at [phone] for this
determination. RECEIVED
(See attached sheets for Additional Conditions) APR 0 2 Ab
This Dermit action may be annealed by the Dermittee or Signed by the authority of the Secret o d the
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2018
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.

Poteat Smith Properties, LLC Permit #6-15
Page 2 of 3
ADDITIONAL CONDITIONS
3) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of
the alignment of the fill area indicated on the approved workplan drawing(s).
4) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are
inconsistent with any of the following AEC standards, the more restrictive standard shall apply.
5) All fill material shall be clean and free of any pollutants except in trace quantities.
6) The permittee shall, in coordination with the Division of Coastal Management, determine the static
vegetation line and corresponding structural setback requirements. All authorized development shall be
located landward of the appropriate setback lines. Construction shall begin within sixty days of this
determination or the determinations shall be considered void, and new setback lines shall be re-
established. In the case of a major shoreline change within that period, a new setback determination may
be required before construction begins.
7) No structures shall be located waterward of the vegetation line referenced in Condition No. 6 of this
permit.
8) The foundation pilings, and any other foundation or support structures for buildings, shall be located
entirely landward of the small -structure setback line referenced in Condition No. 6 of this permit.
9) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8
inches in diameter if round, or 8 inches to a side if square.
10) All foundations shall be adequately designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100-year storm.
11) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structures.
12) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently
threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled
within two (2) years of the time when it becomes imminently threatened, and in any case, upon its
collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place
within two (2) years of the time the structure becomes imminently threatened, so that the structure is no
longer imminently threatened, then it need not be relocated or dismantled at that time. This condition
shall not affect the permit holder's right to seek authorization of temporary protective measures allowed
under CRC Rules.
13) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized. RECEIVED
APR 0 2 2015
Hiow�-"Pm I-m

0
r

Poteat Smith Properties, LLC
ADDITIONAL CONDITIONS
Permit #6-15
Page 3 of 3
Sedimentation and Erosion Control
14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
15) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
General
16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
17) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to a Stormwater
Permit from the Division of Energy, Minerals and Land Resources.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is fixrther advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 14-1186.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-01171.
NOTE: A permit transfer application processing fee of $100 was received by DCM for this project.
RECEIVED
APR 0 2 2015

_--__._.........._..__..._..._._._..__�_..�_ Permit Class Permit Number
TRANSFER 6-15
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Poteat Smith Properties, LLC,100 Pearce Drive, Jamestown, NC 27282
Authorizing development in Brunswick County at Atlantic Ocean, 7402 E. Beach Drive, Oak
Island ,ds requested in the permittee's application dated 10/22/14 MP-1 & MP-2)nd
11/4/14 (MP-3), including the attached workplan drawings (2) as referenced in Condition No 1 of this hermit
This permit, issued on March 24,E 2015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (2), both dated 10/21/14 and the AEC Hazard Notice dated received in
the MHC office 11/12/14.
Upland Development
2) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with
the development of the above referenced property, including the single family residence and
driveway, all as expressly and specifically set forth in the attached permit application and workplan
drawings. Any additional land disturbing activities and/or construction may require a modification of
this permit. Contact a Division of Coastal Management representative at [phone] for this
determination.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2018
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Ara '.' V, rCd
r'Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Poteat Smith Properties, LLC Permit #6-15
Page 2 of 3
ADDITIONAL CONDITIONS
3) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of
the alignment of the fill area indicated on the approved workplan drawing(s).
4) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are
inconsistent with any of the following AEC standards, the more restrictive standard shall apply.
5) All fill material shall be clean and free of any pollutants except in trace quantities.
6) The permittee shall, in coordination with the Division of Coastal Management, determine the static
vegetation line and corresponding structural setback requirements. All authorized development shall be
located landward of the appropriate setback lines. Construction shall begin within sixty days of this
determination or the determinations shall be considered void, and new setback lines shall be re-
established. In the case of a major shoreline change within that period, a new setback determination may
be required before construction begins.
7) No structures shall be located waterward of the vegetation line referenced in Condition No. 6 of this
permit.
8) The foundation pilings, and any other foundation or support structures for buildings, shall be located
entirely landward of the small -structure setback line referenced in Condition No. 6 of this permit.
9) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8
inches in diameter if round, or 8 inches to a side if square.
10) All foundations shall be adequately designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100-year storm.
11) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structures.
12) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently
threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled
within two (2) years of the time when it becomes imminently threatened, and in any case, upon its
collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place
within two (2) years of the time the structure becomes imminently threatened, so that the structure is no
longer imminently threatened, then it need not be relocated or dismantled at that time. This condition
shall not affect the permit holder's right to seek authorization of temporary protective measures allowed
under CRC Rules.
13) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.

Poteat Smith Properties, LLC
ADDITIONAL, CONDITIONS
Sedimentation and Erosion Control
Permit #6-15
Page 3 of 3
14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
15) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
General
16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
17) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to a Stormwater
Permit from the Division of Energy, Minerals and Land Resources.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 14-1186.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-01171.
NOTE: A permit transfer application processing fee of $100 was received by DCM for this project.

©A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
MEMORANDUM
TO: Jonathan Howell,
Major Permits Section
FROM: Heather Coats tt" L
Field Representative, Wilmington
THROUGH: Debra Wilson V_"
District Manager, Wilmington
DATE: March 9, 2015
SUBJECT: Permit Transfer Request
CAMA. Major Permit No. 6-15
Lance Henderson, Brunswick County
Donald R. van der Vaart
Secretary
RECEIVED
MAR 11 10b
htrp°�-w�aMtrlt*'i
Kelly Smith, Member/Manager of Poteat-Smith Properties, LLC is requesting a transfer
of State Permit No. 6-15 from Lance Henderson to Poteat-Smith Properties, LLC. State Permit
No. 6-15 was issued to Lance Henderson on January 15, 2015 for the construction of a single-
family residence with associated 404 wetland fill.
Kelly Smith has stated that Poteat-Smith Properties, LLC intends to develop the property
in accordance with the application and will comply with all requirements and conditions of the
current permit. The applicant's agent has submitted a check (ck. # 3275) in the amount of
$100.00 for the transfer request. Additionally, it has come to our attention that the original
application gave the incorrect address for the property. The permit was issued for development at
7400 E. Beach Drive, and the Town has given the parcel an address of 7402 E. Beach Drive. The
permit transfer should therefore also be modified to list the correct address of 7402 E. Beach
Drive.
Enclosures
cc: Wilmington Files
127 Cardinal Drive Ext, Wilmington, North Carolina 28405
Phone: [phone]M Internet: www.nodenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

POTEAT-SMITH PROPERTIES. LLC
100PEARCEDR, J"ESTOW?V, NC 27282 ♦ [phone]
RECEIVED
MAR 11 2015
nf-WA•"n1W halt$
March 5, 2015
Heather Coats, Field Representative
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: 7400/7402 E Beach Dr, Oak Island, NC 28465
Dear Heather:
I am writing to request the transfer of the CAMA permit of the subject property from the current
holder to the current owner. Poteat-Smith Properties, LLC acquired 7400 E Beach Dr from
Edward Lance Henderson on January 21, 2015, after the CAMA permit was issued on January 15,
2015.
Through Poteat-Smith Properties, LLC, I intend to use the CAMA permit for the purpose for which
it was it issued — to develop the property in the same manner as outlined in the CAMA permit
application. In fact, I worked with Mr. Henderson on the CAMA application process, not
understanding that I could have applied for the permit directly given that the property was under
contract (my apologies).
There are no changes in circumstances affecting the project and no changes to the project as
outlined in the application. The only change to the project is that the Town of Oak Island has
informed me that they are changing the address for the property from 7400 E Beach Dr to 7402 E
Beach Dr for consistency with other addresses in the Town.
If you need any additional information or clarification, please feel free to reach out to me directly.
Thank you in advance for your flexibility in addressing this transfer quickly.
Sincerely, <�
Kelly M Smith
Member/Manager
Poteat-Smith Properties, LLC

Page 1 of 1
�IH� I�I�I II II II�II II I�I I II'� oOrMNs P"" of
trends n. Cleo s �[ Reglsta of 0""
61-21-2015 11:16:07.400 Hr iea Ce ty, Nc RECEIVED
K REVID" STRIP: $250.60 1"22446)
p �to� �� ,� MAR 11 10'
� 10bi1 R_� U lnt %p"�•rhnr+�
Ck1Ck:;`S t Cash$
MAIAtl: Cu�s_Flttseee
C PNdOddatowttra M to wdb
at"M
GBlaa 19101 a1MV0MWbyV01W
aebyaenMncaMNi+naVMuxa«added.
This instrument prepared by: Robert K. Se rm, a licensed NC Attorney. Delinquent taxes, if any, to be paid
by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds.
P-12251
Revenue Stamps $250.00
STATE OF NORTH CAROLINA
COUNTY OFBRUNSWICK GENERAL WARRANTY DEW
nds Deed, made this 21 at day of August 2014, by and between EDWARD LANCE
HENDERSON(UNMARRIED), Graotor and POTEAT-SMITH PROPERTIES, LLC, a NC Limited Liability
Company, Grantee, whose mailing addreaa is 100 Pearce Drive, Jamestown, NC 27282-8444.
WITNESSETH:
That the Grantor, for valuable consideration paid by the Graeae, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee, in fee
simple, all of that certain lot or parcel of land situated in the County of Bnutswick, State of North Carolina
and more particularly described as follows:
BEING Lot 25, Block 8 - B, of Deborah Coy Subdivision, as shown on map recorded in Map Cabinet M,
Page 103, Brunswick County Registry.
Grantor acquired title to this property by Dead recorded in Book 613, Page 846, Brunswick
County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Gtantce, their heirs, successors and assigns, in fee simple.
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Page 1 of 1
�IIzNIIY. Regis 0 Deede
And the Grantor covenants with the Gtmtee, that the Grantor is seized of the premises in fee
simple, has the right to convey the same in fee simple, that title is marketable and five and clear of all
MAR 1.1 i
encumbrances, and that Grantor will warrant and defend the title against the lawful clamps of all persona
ryrWewnt�
whomsoever except for the following exceptions hereinafter waled. Title to the property herein above
described is subject to the following exceptions:
1. Easements for utilities and tights of way in the chain of title.
2. All govunn)cntal laws, rules, regulations and ordinances that affect the use of the propesty.
3. Carrvnt yew ad valavm taxes.
IN WTINESS WHEREOF, the Grantor has hereunto set their hand and see], the day and
year first above written. I { p
EDWARD LANCE IENDERSON
The Grantor rep _
meets that this property is / is not X_ Uir primary reddence-
STATE OF < Flarida **** COUNTY OF rt 8j'�j
L a Notary Public is sad for the State and Canty eforesaid certify that EDWARD LANCE
HENDERSON personally appeared before me this day and acknowledged the execution of the foregoing
nstrument. Wihwas my hand and Real this r,A II day of t 2014.
11 LLl
My Commission expires:
Y 4.13.16 (Notay Signature)
(Notary Seal)
�y�.�y 0 R NAMIILR9
Y
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''� �... FX►RKtNp4Wwla, aala
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RECEIVED
ut0 1 1 1nA
DENR CAMA Daily Check Log for WIRO
Date
Received
Check From (Name)
Name of Permit Holder
Vendor
Check
Number
Check
amount I Permit NumbedCommenfs
Refund/Reallocated
3/2/2015
Pacula Builders LLC I
Roy Gilbert & Brenda Madison
'First Citizens Bank 1138
$600.00:GP 65079D
�
3=015
Pacula Builders LLC
_
Dennis Michael
Security Savings Bank -
1847
_
$400.00 GP 65102D @$200
Dennis Michael
GP 65103D @$200
_
3/2/2015
David Lee Builders, Inc I
Edwards
B of A
19918
$100.00 minor fee, TB 15-03
3/3/2015
Carolina Marne Construction, Inc. ;John
Clark
First Bank
9496
$400,00, GP 65093D l
3132015
East Coast Engineering & Surveying, P.C.
Dinah Gore
First Bank
1308
$100,00
minor fee, SB 15-01
_.
3142015
Hunter Development Corp.
John Ledoux
Yadkin Bank
22714
$200.00
GP 65037D
3/52015
Coastal Marine Piers Bulkheads LLC
James Hamen
Wells Fargo Bank
20059
$100.00
renewal fee, MP 119-10
3/52015
Mark D. Kelly
same
IPNC Bank
795
$200.00
GP 65121 D
3/6/2015
Lighthouse Marine Construction Inc
Rick Rouse
1B of A
5269
$600.00
GP 65035D
3/6/2015 1
Bruce Marek, P.E.
Timber Creek HOA
Wells Fargo Bank
1433
$400.00
majorfee, Timber_ Creek, BHI, Br
3162015
Kenneth W. and Be T. Futch
same
Alliance Credit Union
10240
$250.00
major fee
3/6/2015
Gregory A Holden
same
CresCom Bank
2017
$25.00
return ck fee, 6134, 2/13/15
3/62015
Gregory A Holden
Kathryn Bradley
CresCom Bank
2016
$400.00
GP 65109D @$200
Lockwood Folly, POA replacement for rtned check
GP 65056D @$200 repayment
3/92015
Garry D. Aldridge
same
NC State Employees' Credit Union
1044
$200.00
GP 57442D
3/92015
Bun Builders, Inc.
Poteat-smith Properties, LLC
BB&T
3275
$100.00
transfer fee, MP 6-15
_
i

DCM Coordinator: l Permit #: d-1S
MAILING DISTRIBUTION SHEET
AA .kl_ Prar�p �� L L e
DCM Field Offices
Elizabeth City
(with revised work plan drawings)
Morehead City
L�✓
Washi ton �L
ilmi
sf
US ACOE Offices:
Washington:
Wilmington:
Ral '
mble
Cultural Resources: Renee Gledhill -Early or([e-mail])
Public Water Supply: Diane J. Williams (WIRO)
Joey White (WARD)
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: Tim Walton
Water Resources: Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Washington: Anthony Scarborough
Wilmington: Joanne — 401
C - 401
Linda Lewis - Stormwater
Wildlife Resources: Maria Dunn (WARD)
LPO:
Fax Distribution: Permitee
Agent #:.

North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R, van der Vaart
Governor Secretary
March 25, 2015
Potent Smith Properties, LLC
100 Pearce Drive
Jamestown, N.C. 27282
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -
colored form) is retained by you and it must be available on site when the project is inspected for
compliance. Please sign both the original and the copy and return the copy to this office in the enclosed
envelope. Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-
2698 within twenty (20) days of this decision on your permit. You should also be aware that another
qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and review
all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to
be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact
Department personnel at any time for assistance. By working in accordance with the permit, you will be
helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
Douglas V. Huggett
Major Permits and Consistency Manager
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.ncooastaimanagement.net
An Equal Opportunity/ Affirmative Action Employer