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HomeMy WebLinkAbout52-15 Town of Sunset Beach14mit Class Permit Number NEW 52-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and OQ� Coastal Resources Commission G -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 Town of Sunset Beach, 700 Sunset Blvd. North, Sunset Beach, NC 28468 Authorizing development in Brunswick County at AIWW and Marv's Creek, 206 Sunset Blvd, North. Sunset Beach —,as requested in the permittee's application dated 10/30/14, including the attached workman drawings (2). C1.0 dated revised 2/6/14 and C2.0 dated 10/23/14 This permit, issued on April 2-1, 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 Upland Development 1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property including the 8' wide boardwalk, gazebo, observation deck, signage, kiosks, restrooms, parking areas, swings, benches and bike rack, 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 (910)796-7215 for this determination. Boardwalk and Observation Platform 2) The boardwalk and observation platform shall be constructed of wood or other suitable materials approved by department personnel. RECEIVED (See attached sheet for Additional Conditions) Thic no..mit ne.tlnn mnv hP nnnealett by the np. m;ttrr. nr Ri"P..tt by the anthnrity of the Cenrrtary of TWWR anti 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 CommIB51tS1i""°'°' Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. V Signature of Permittee r Town of Sunset Beach Permit #52-15 Page 2 of 2 ADDITIONAL CONDITIONS 3) The observation platform shall not exceed 200 square feet. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Division of Energy, Mineral and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. 4) 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 beans, etc.). 5) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. General 6) No wetlands or open water areas shall be excavated or filled, even temporarily, without additional authorization. 7) 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. 8) 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 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 (910) 7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWR Project No. 14- 1322. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2015-00113. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED MAY 01 2015 DCM-AOM 1`%14.Y, Permit. Class NEW Permit Number 52-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and t.�!a L.V, ti1 s 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 Town of Sunset Beach, 700 Sunset Blvd. North Sunset Beach NC 28468 Authorizing development in Brunswick County at AIWW and Mary's Creek, 206 Sunset Blvd, North Sunset Beach , as requested in the permittee's application dated 10/30/14 including the attached workplan drawings (2), C1.0 dated revised 2/6/14 and C2.0 dated 10/23/14 This permit, issued on April 23, 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. Upland Development 1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property including the 8' wide boardwalk, gazebo, observation deck, signage, kiosks, restrooms, parking areas, swings, benches and bike rack, 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 (910)796-7215 for this determination. Boardwalk and Observation Platform 2) The boardwalk and observation platform shall be constructed of wood or other suitable materials approved by department personnel. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Town of Sunset Beach Permit #52-15 Page 2 of 2 ADDITIONAL. CONDITIONS 3) The observation platform shall not exceed 200 square feet. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Division of Energy, Mineral and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. 4) 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.). 5) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. General 6) No wetlands or open water areas shall be excavated or filled, even temporarily, without additional authorization. 7) 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. 8) 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 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 (910) 7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWR Project No. 14- 1322. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2015-00113. NOTE: An application processing fee of $400 was received by DCM for this project. DCM MP-1 APPLICATION for Major Development (last revised 12127/06) Permit North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner Infonnadon Business Name Project Name (if applicable) Town Of Sunset Beach Sunset Beach Town Park Applicant 1: First Name MI Last Name Susan Parker Applicant 2: First Name MI Last Name Nadditional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 700 Sunset Blvd North Sunset Beach NC ZIP Country Phone No. FAX No. 28488 USA 910-579-8297 ext. Street Address (if different from above) City State ZIP Email sparker@atmc.net 2. Agent/Contractor Information Business Name Withers & Ravenel Agent/ Contractor 1: First Name MI Last Name Troy H Beasley Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 1410 Commonwealth Drive, Suite 101 Wilmington NC ZIP Phone No. 1 Phone No, 2 28403 910-509.6512 ext. 910.622-0122 ext. FAX No Contractor # Street Address (if different from above) City state ZIP Email %0e @ WI--c✓s"vene-. Com IftCEIVED J ni-MRw .ir► DCM WILMINGTON, NC <Form continues on back> DEC 0 9 2014 252.808.2806 1.888.4RCOAST ., www.nccoastaimanagement.net Fotm DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunwsick 206 Sunset Blvd North 1172 Subdivision Name city State Zip Sunset Beach NC 28468 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project L rhbejr ICWW & Mary's Creek c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ONIanmade ❑Unknown ICWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed SYes []No work falls within. Sunset Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) ±1400 If ±227,383 sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) t1T SNHW or ❑NWL s. Vegetation on tract Vegetation consists of a sparse canopy of live oak trees, with a groundcover or maintained bermuda grass and weeds. The understory was historically removed when the site was a private residence, and the Town continues to mow/maintain the site for passive recreation use by the public. f. Man-made features and uses now on tract The site contains an existing dock in Mary's Creek, as well as several concrete pads that are remnants from when the property was a private residence. g. Identity and describe the existing land uses adlacent to the proposed project site. The uses of the adjacent areas consist of a mixture of residential and commercial land use. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? SB-MB-1: Mainland Business District (Attach zoning compliance certificate, if applicable) SYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yea SNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes SNo ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> DEC 2 ,v 7a14 RECEIVED P'RM "MP, wnT DCM WILMINGTON, NC DEC 0 9 2014 252-808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Fofm DCM MP-1 (Page 3 of 4) APPLICATION for Major Developrnent Permit M. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ®Yea []No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []NO (Attach documentation, if available) n. Describe existing wastewater treatment facilities. There are no current wastewater treatment facilities associated with the project site as it is an undeveloped parcel. o. Describe existing drinking water supply source. NIA p. Describe existing storm water management or treatment systems. There are currently no onsite stormwater management or treatment systems as the site is currently undeveloped. & Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®PubliciGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed project will consist of a town park open to the public. Daily operations will consist of the general public accessing the site for recreational purposes including education, excerise and relaxation. 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. The proposed project will be constructed using typical commercial construction equipment and techniques. No special construction equipment will be used. Anticipated construction equipment will consist of bobcats, front end loaders, and potentially a small bulldozer or excavator for grading. However, the exact type of equipment and number of each type of equipment is unknown at this time. All equipment will be stored onsite within the permitted construction limits when not in use. d. List all development activities you propose. The proposed development activities consist of construction of a mixed -use public park, which includes select grading for installation of the walkway and boardwalk, and construction of the walkway, boardwalk, gazebo, observation deck, signs, three educational kiosks, a restroom building, parking area, eight swings, four benches and bike racks. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 164,714 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Currently, there are no discharges to Waters of the State. There are also no proposed discharges to Waters of the State. i. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED DEC 2 A 2014 DCM WILMINGTON, NC <Form continues on back> W"-Wlna ei DEC 0 9 2014 252-808.2808 1-888-ARC0AST :. w w w. n c c o a s t a l m a n a 9 e m e n t, n et Fofm DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are akvays applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the she. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name See attached Adjacent Riparian Property Owner Exhibit Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. CAMA Minor Permit (SB #13-14) - Town of Sunset Beach - 9119114 h. Signed consultant or agent authorization forth, 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. to Enter on Land I understand that any permit issued in response to this application will allow only thi 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. I Date 10I $ 0' j4 Print Name 1 Yo� aea.a(U yt'�i1p�� AJenf - Signature JJJ Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information [-]DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development RECEIVED ❑DCM MP4 Structures Information DEr. 2 3 1014 RECEIVED DCM WILMINGTON, NC BP.11h=nnra prry DEC 0 9 Z014 252.808.2808 :: 1-888.4RCOAST ;: www.nccoastalmanagement.net Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. N/A The project proposes pervious concrete walkways, elevated, slatted boardwalk, an observation deck (not to exceed 200 sq ft). a 20'x20' restroom building, three educational kiosks, a 1500 sq ft gazebo, perviou concrete parking area, either "Southport" swings, four benches, informational signs and bike racks. c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes ❑No ❑NA (III If yes, list the date submitted: S&EC Permit issued on 9/24/14 (Bruns-2015-011) g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 8% L Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 5% j. Describe proposed method of sewage disposal. Brunswick County Sanitary Sewer I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). There are no proposed discharges to waters of the state d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Disturbed limits as specified by the S&EC permit is 164,714 sq ft. f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Pervious concrete for walkway, asphault shingles for roofs on gazebo and bathrooms. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: Will be submitte ELF prmYWthe end of the Public Notice period. --BEt_B R 1014 f7'"ftw-nxNn Cnw k. Have the facilities described in Item (i) received state or local approval? ❑Yes []No i'.INA If yes, attach appropriate documentation. m. Does the proposed project include an innovative atWtt ftED design? DCM WILMINGTON, NC []Yes ®No ❑NA If yes, attach appropriate documentation DEC 0 9 2014 252-808-28082 :: 1-888.4RCOAST :: www.nccoastalinanagement.net revised: 12/26106 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Public system o. When was the lot(s) platted and recorded? 2006 - when Sunset Beach purchase property 10/30/14 Date Sunset Beach Town Park Project Name Town of Sunset Beach Applicant Name Applicant n. (i) Will water be impounded? []Yes gNo []NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No NNA RECEIVED DEC 23 7014 r4p-WM n'.11+ RECEIVED DCM WILMINGTON, NC DEC 0 9 2014, 252-808.2808 :: 1.888-4RCOAST :: www. nccoastalma nagement. net revised: 12126i06 ROM North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 27, 2015 Town of Sunset Beach 700 Sunset Blvd. North Sunset Beach, N.C. 28468 Dear Sir or Madam: Donald R. van der Vaart Secretary 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 I I3A-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, ,® 9- A Dou s V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer DCM Coordinator: A f,_A� Permit #: S � -) Sr MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington ✓�fS ilmm 14 s US ACOE Offices: Washington: Raleigh BI d Wilmington: er C Cultural Resources: Renee Gledhill -Early or (emir nmental.review@ncdcr v) Public Water Supply: a J. W'lliams Jo 'te (WARO) NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: Wildlife Resources: LPO: C) Anthony Scarborough Jo uis — 401 had Cob Lin a ewis - Stormwater Fax Distribution: Permitee Agent #:. aria Dunn (WARD) DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Sunset Beach Town Park 2. LOCATION OF PROJECTSITE: 206 Sunset Boulevard North adjacent to the Atlantic Intracoastal Waterway, in Sunset Beach, Brunswick County. Photo Index —2006: 2-6205 J,K,L-10 2000: 2-17 M,N,0-15 1998: 2-17 M,N,0-20 State Plane Coordinates - X: 221498.577 Y: 61083.113 Rover File: n/a Lat: 33°54'56.11" N Long: 78"16'12.14" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/05/14, 12/4/14 Was Applicant Present — Yes, Yes S. PROCESSING PROCEDURE: Application Received — 12/09/14, Completed 12/15/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Sunset Beach Land Classification From LUP - (B) AEC(s) Involved: ES, PTS (C) Water Dependent: No (D) Intended Use: Public (E) Wastewater Treatment:Existing — Municipal Sewer Planned - N/A (F) Type of Structures: Existing— Parking lot and vacant land Planned - Public park with amenities (G) Estimated Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Coastal (B) Non -Vegetated Wetlands Open Water (C) Other High ground —Estuarine 5,302 sq. ft. Shoreline AEC impervious (D) Total Area Disturbed: 164,714 sq (E) Primary Nursery Area: Yes (F) Water Classification: SA-HQW (3.78 acres) Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches and bike rack. Sunset Beach Town Park Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 206 Sunset Boulevard North adjacent to the Mary's Creek and the Atlantic Intracoastal Waterway (AIWW) in the Town of Sunset Beach, Brunswick County. Directions from Highway 17 south of Shallotte: Turn Left onto Highway 904 and travel south for approximately 3.6 miles to the intersection of Sunset Boulevard North. Turn Right onto Sunset Boulevard and travel approximately 1.7 miles and proceed south thru the traffic circle. Proceed south thru the intersection with Shoreline Drive West. The project site will be located immediately on the left side of the road. The project site is bordered by the waters of the Marys Creek to the north and east, the AIWW to the south and Sunset Boulevard to the west. The project site is comprised of one parcel totaling approximately 5.22 acres (+/-227,383 sq. ft.) in size. The site is vegetated primarily with lawn grasses and mature oak trees. The elevation of the tract is approximately 13 feet above mean sea level. A portion of the shoreline of the site adjacent to Mary's Creek has been stabilized with a bulkhead (approximately 490 linear feet). Coastal wetland vegetation is present water ward of the existing bulkhead and is approximately 5-10 feet in width. The remainder of the shoreline along Mary's Creek is natural with an approximately 3 foot change in elevation from the high ground to the coastal wetlands. The shoreline in this area is stabilized with vegetation. Coastal Wetland vegetation in this area ranges in width from 10 -20 feet. The Coastal Wetland vegetation consists primarily of Smooth Cord Grass (Spartina alterniflora) and Salt Meadow Hay (Spartina patens). The shoreline along the AIWW is void of wetland vegetation and an approximately 2-3 foot erosion escarpment is present due to wave wash. The Town Park project received a Sedimentation and Erosion Control permit (BRUNS 2015-011) from the Division of Energy, Mineral and Land Resources. The applicant states a State Storm Water permit will be applied for from the Division of Water Resources. CAMA Minor Permit #SB13-14 was issued for the development of the Town Park, however the project now exceeds the thresholds for minor development, which requires additional State authorization and therefore, now requires CAMA Major Permit authorization. The waters of the AIWW are classified as SA-HQW by the North Carolina Division of Water Resources and are closed to the harvest of shellfish. This area of AIWW has been designated as Primary Nursery Area. The entire property lies within the jurisdictional limits of the Town of Sunset Beach. 10. PROPOSED PROJECT The applicant is proposing to construct a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches and bike racks. The applicant is proposing a restroom building, gazebo, parking area, boardwalks, educational kiosks, and bike racks located on the high ground of the property. As proposed, a portion of the pervious boardwalks, eight (8) "Southport swings", one (1) educational kiosk and four (4) benches would be located within the 75-foot Estuarine Shoreline AEC. The applicant is proposing a series of boardwalks throughour the project area, some of which will be 8 feet in width and some 5 feet in width. The applicant states that all proposed boardwalks located within the 30-foot Coastal Shoreline Buffer would be elevated and slatted. The applicant is also proposing a 200 sq. observation deck at the terminus of the boardwalk located adjacent to the AIWW (see sheet C2.0) RECEIVED DEC 2 ,V 2014 p.�"w Miwq PfiY Sunset Beach Town Park Page Three 11. ANTICIPATED IMPACTS: As proposed, the public park would result in approximately 12,776 sq. ft. of pervious concrete walking trails within the Estuarine Shoreline AEC. This would result in a total of 5,302 sq. of impervious surface within the Estuarine Shoreline AEC. Approximately 2,750 square feet of elevated, slatted walkway is proposed within the 30-foot Coastal Shoreline Buffer AEC. An additional 200 sq. ft. of observation deck is proposed within the 30-foot Coastal Shoreline AEC. As proposed, all other development including parking, bathrooms, etc. would be located outside of the Estuarine Shoreline AEC. The proposed development of the Town Park would result in the land disturbance of approximately 164,714 square feet (3.78 acres). Submitted by: Holley A. Snider Date: December 16, 2014 Office: Wilmington RECEIVED DEC 2,7 2014 D1 GRAPHIC SCALE 0 100 200 1 inch - 200 ft. 2 �9 �s 3 z J m x `v�w�cjS m OREL\NE°a w PROJECT SITE SN z (PIN 104408886993) CD rn y� 3 R 1 tl A g3 3 INTRACOASTAL WATERWAY G s RECEIVED ADJACENT PROPERTY OWNER INFO DCM WILMINGTON, 4C 1) RONALD HOLDEN - 3852 HOLDEN RD SW, SHALLOTTE, NC 28459 (PIN 104408885623) 2) JOE PEED - 310 SUNSET BEACH BLVD, SUNSET BEACH, NC 28468 (PIN 104408895498) DEC 0) 9 Z014 3) JIM & MARY BETH YEAGER - 104 HICKORY ST, SUNSET BEACH, NC 28468 (PIN 104408898299) i SUNSET BEACH TOWN PARK ADJACENT RIPARIAN PROPERTY RAVENEL OWNER EXHIBIT ffflf lfff 1 •LANNIff 1 SURVI.Yff SUNSET BEACH BRUNSwacc UNTY NORTH GROIINA %"" GRAPHIC SCALE d s 1 inch — 1000 h. 4 A s C3 L _ r , —v5 i r _ s ••five • ��. fee r ^. �' �• PROJECT SITE • .., `Sunset Beach r ,,.- N :. .,, • i 1 -l�l CS E I I RECEIVED DCM WILMINGk qlq N SUNSET BEACH TOWN PARK PRELIMINARY CAMA WETLAND WITHERS Oc RAVENED. LOCATION EXHIBIT R••I•R.•• 1 •M••••• I •••!•1'••• 'NUT Lem :II RRUMWICR C'Ul M1Y WRMC'N 1I WITHERS &RAVENEL ENGINEERS I PLANNERS I SURVEYORS Sunset Beach Town Park - CAMA Major Permit Request 206 Sunset Blvd N Sunset Beach, Brunswick County Project Narrative The Town of Sunset Beach requests a CAMA Major Development Permit for the construction of the Sunset Beach Town Park. The proposed project is located at 206 Sunset Blvd North, east of the intersection of Sunset Beach Blvd and Shoreline Drive in Sunset Beach, Brunswick County (Lat: 33.883456°N; Long:-78.510351°W). The Sunset Beach Town Park project is located on at5.22 acre parcel (PIN 104408886993) and is bordered by Mary's Creek to the east and the ICWW to the south. This section of ICWW (Stream Index: 15-25) is classified as SA;HQW and is located within the Lumber River basin (HUC 03040207). Proposed Project The proposed project consists of a multi -use public town park. The proposed amenities to be constructed within the park include the following: • Pervious concrete walking trails (12,776 sq ft) of both 5' and 8' widths, constructed outside of the 30' Coastal Shoreline Setback, with both 5' and 8' widths. • Elevated, slatted walkways (2,750 sq ft) constructed within the 30' Coastal Shoreline Setback. Please note that the support structure/framework will be constructed of wood, and Trex composite boards are proposed to be used for the decking boards. Please refer to the enclosed Stage 1 Construction Drawings for details on the design of the elevated, slatted walkway and proposed materials. There are 5ft and 8ft portions of elevated, slatted boardwalk proposed. The boardwalk within the main loop trail will be 9 ft wide from back of curb to back of curb, while the section leading to the observation deck will be t6 ft wide from back of curb to back of curb. Please note that the proposed 9 ft wide elevated, slatted walkway has been designed to allow for a clear 8 ft walking surface, with 6 inch curbs on both sides, for a total width of f9' as shown on Sheet S 1.3 of the Stage 1 Construction Drawings. The curb is necessary for visitor safety, most specifically visitors in wheelchairs as the curbs will help prevent wheelchairs from accidentally rolling off the site of the elevated boardwalk. 15A NCAC 07H .0209 (d)(10)(D) specifies that boardwalks within the 30' Coastal Shoreline Setback may be greater than 6 ft in width if it is to serve a public use or need. Therefore, the proposed 9 ft wide elevated, slatted boardwalk is allowable since it is being constructed for public use within a public park. • An observation deck overlooking the ICWW and Mary's Creek, which will not exceedMG\kpft. • Three educational kiosks (only 1 kiosk located within 75' AEC and none within 30' Coastal Shoreline Setback) D€r a 12014 • A 20'x20' restroom building (located outside of 75' AEC) Mrnn_naun nits • A 1500 sq It gazebo (located outside of 75' AEC) • Parking area constructed of pervious concrete (11,900 sq ft)(located outside of 75' AEC) • Eight "Southport Swings" (located within 75' AEC, but not within 30' Coastal Shoreline Setback) • Four benches (located within 75' AEC, but not within 30' Coastal Shoreline Setback) RECEIVED 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.258PCM WILMINGTON, NC www.withersravenet.com I License No. C-0832 DEC 0 9 2014, Sunset Beach Town Park — CAMA Major Permit Application — Project Narrative 10/30/14 • Informational Signs (outside of 75' AEC) • Bike racks (outside of 75' AEC) Existine Conditions The proposed project site currently consist of an undeveloped, wooded parcel which is currently being used as a passive recreation park. The project site contains an existing bulkhead along Mary's Creek, an existing wooden pier within Mary's Creek, and several concrete pads from previous structures which have been demolished. The project site also contains coastal wetlands along the ICWW and Mary's Creek. The project site contains numerous mature live oak trees with an open understory. The understory was historically removed when the parcel was previously a private residence. The site is regularly mowed/maintained by the Town to allow passive recreational use by the public. Project History The Sunset Beach Town Park was previously issued a CAMA Minor Permit (SB#13-14) on September 19, 2013, as the proposed design did not require any other state or federal permits (i.e. Stormwater Management Permit, Sediment & Erosion Control Permit, etc.) because the proposed disturbance was less than 1.0 acres the proposed impervious area was less than 10,000 sq ft. During construction activities, construction materials were stored outside of the approved construction limits, resulting in the issuance of an Erosion Control Notice of Violation, which resulted in the project requiring an Erosion Control Permit, and subsequently, a Stormwater Management Permit. The requirement of these State permits elevated the project to a CAMA Major Permit. The Sediment & Erosion Control Permit (Project ID: Bruns-2015-011) was issued on September 24, 2014 and has been provided as an Attachment. The Stormwater Management Permit application is being prepared for submittal, and NCDMLR review is anticipated to run concurrently with the CAMA Major Permit Application review. Areas of Environmental Concern (AEC) This section of ICWW, including all sloughs, sounds, inlets and connecting channels (i.e. Mary's Creek), has a Water Quality Classification of SA;HQW and is subject to a 75' AEC from the Mean High Water Line (MHWL) of both the ICWW and Mary's Creek. The 75' AEC encroaches onto the eastern and southern portion of the project and encompasses 79,064 sq ft (f1.8 acres) of the project site. The project will result in 5,302 sq ft (f0.12 acres) of impervious area within the 75' AEC from construction of the pervious concrete walking trails, the concrete piers/footers for the elevated boardwalk and the concrete pads for the benches and Southport Swings. SITE INFORMATION Project Area 227,383 sq ft / t5.22 acres Project Area Within 75' AEC 79,064 sq ft / t1.8 acres Impervious Area within 75' AEC 5,302 sq ft / t0.12 acres 8/o Impervious Impervious Area for Entire Project RECVkD nrr 2 ,q Y09 RECEIVED DCM WILMINGTON, NC fX--M-VAHM plflt WITHERS Co RAVENEL DEC 0 9 2014. Page 2 of 3 Sunset Beach Town Park — CAMA Major Permit Application — Project Narrative 10/30/14 Coastal Wetlands & Mean High Water The project site contains coastal wetlands jurisdictional to NC Division of Coastal Management (DCM) which were delineated by Withers & Ravenel in 2013. The Mean High Water Line was established by East Coast Engineering & Surveying locating the 2.9' contour (NAVD 88), which is the established MHWL elevation for this area of Brunswick County. Through issuance of the previous CAMA Minor Permit for the project, DCM has approved the delineation of the coastal wetlands, as well as the location of the Mean High Water Line. Please note that there is no proposed disturbance/impacts to the onsite coastal wetlands as part of this application. Upland Development The entire project will be constructed entirely within uplands, and includes pervious concrete walking trails, elevated, slatted walkways, an observation deck overlooking the ICWW and Mary's Creek, three educational kiosks, a restroom building, a gazebo, pervious concrete parking area, eight "Southport Swings", four benches, informational Signs and bike racks. Attachments: • MP-1 —Applicant Information • MP-3 — Upland Development • Agent Authorization Form • Property Deed • Location Exhibit • Aerial & USGS Quadrangle RECEIVED • Previous CAMA Minor Permit • Adjacent Property Owner Exhibit & Certified Mail Receipts DEC 8 3 9n14 • Existing Conditions Plan DeW mMf� &TY • CAMA Site Plan • Stage 1 Construction Drawings RECEIVED DCM WILMINGTON, NC DEC 0 9 2014 WITHERS & RAVENEL Page 3 of 3 r Stp'C\oNtR\ MPGNO�\PpP U FAC\Fi � U . O 2 N Z G �2 rmJ- SNpFi ECR Mary's t a ° N Creek S Ptl OG SITE ti1r m o " 40 pLOEOPKLN U_ Z D A �l SF\ pRE\'\NE PVE W.CPNP ICWW 1 t N RECEIVED m DEf. 2 A 1011 �1 B�'tM•fotHB @!TY ° N I Location Exhibit WITHERS 'K RAVENCL �— s DCM *NON, NC,,,�/ 1Legend o •150 300 sco '1 DEC I5 9ll� Site 11 incOFee1 \�✓� tc ICWW i w` {E N T R pr Nqa CA ! .w7 i i aA �� C RtN e 1 ' x s r" 1 Ally 0 6 rtEo vu s SUNSET BEACH TOWN PARK o�M N�^a °A�'RIAL PHOTO DCM WILM G kLERs &— RAVENEL N1�iiva E PLAMMIRS E SURVEYORS ! SUNSET BEACH BRUHWICRCOUNY NORTHCAROLINA t GRAPHIC SCALE j 1 inch 1000 R. 1 r � t ! w cp��.5 r 1 ^ w Lie r job � .'t , � .a q5 �. 11. • . \ Q i 1go— " • . �' PROJECT SITE `Sunset Beaich 1 `�' >> �.. �'� �• 1 i � C LEVEE Htan„ y I 05 DEC 23 2011 d:4 it 1 K A�Awuh �rr.x RECEIVED DCM WILMINGf®N, N _» ,tl• 1 9 a ,+'♦ r .� ��. ice_ . 1, ,.rlj �l l�lra / t 1 SUNSET BEACH TOWN PARK PRELIMINARY CAMA WETLAND WITHERS RAVENEL LOCATION EXHIBIT 9041■■••• 1 •L•NNN•• I ••NNRT•NN INYIWMII RNUM1SWKNCWNIY NONpIlN1UlINA GRAPHIC SCALE 0 100 20" 1 inch = 200 ft. 2 Im �9 3 �s z J m x Off{\�EWEst W OIR W PROJECT SITE SN Z (PIN 104408886993) Lo y R 1 e R e RECEIVED DFr p,1 p011 INTRACOASTAL WATERWAY RECEIVED a ADJACENT PROPERTY OWNER INFO DCM WILMINGTON, JC E e 1) RONALD HOLDEN - 3852 HOLDEN RD SW, SHALLOTTE, NC 28459 (PIN 104408885623) 2) JOE PEED - 310 SUNSET BEACH BLVD, SUNSET BEACH, NC 28468 (PIN 104408895498) DF! 9 9 2014 a 3) JIM & MARY BETH YEAGER - 104 HICKORY ST, SUNSET BEACH, NC 28468 (PIN 104408898299) sZ s SUNSET BEACH ADJACENT RIPARIAN PROPERTY WITHERS &' RAVENEL TOWN PARK OWNER EXHIBIT ■MAIM...! 1 •iAN09.s i su.r.roRa = UISIT lk'01 BNUNSWIKK OUiry aoxiN UNoiivn DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Town ojSunset Beach PROJECT NAME: Sunset Beach Town Park COUNTY: Brunswick LOCATION OF PROJECT: 206 Sunset Blvd, adjacent to the AIWW, in Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-15-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Snider DISTRICT MANAGER REVIEW: 00,4ei eZ�:' B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D:12-24-14 ADJ. RIP, PROP NOTICES REC'D: APPLICATION ASSIGNED TO- / C) 75 DAY DEADLINE:IS MAIL OUT DATE:12-19-14 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: 4�00 LIZ%) END OF NOTICE DATE: 1-14-15 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 1-14-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO \OTGS Coastal Management - Regional Representative 12-13- Pf Coastal Management - LUP Consistency Division of Community Assistance 15 IS Land Quality Section (DEMLR) 1 13 IS - t5 red Division of Water Resources (401) 14-1,5 -13s2 Storm Water Management(DEMLR) I-q-15 V dw (Le State Property Office 2b -1 S Division of Archives & History 1-7Z -14 Division of Environmental Health i- 2 3-15 ✓ Division of Highways I-g-[ S ;� RECEIVED Wildlife Resources Commission ) 16 i5 ✓ DK 2 R 7n14 Local Permit Office DCW.MH5 CITY Division of Marine Fisheries / DCM _ - �$ ✓ Corps of Engineers : ZZ-rs 20 0011 PW S 1-13-1!i ✓ �mva NCDENR North Carolina Department of Environment and Pat McCrory Governor December 19. 2014 Natural Resources John E. Skvarla, III Secretary Division of Coastal Management ,�':.-CEIVE MEMORANDUM: rl " TO. Chad Coburn DEC 2 2 2014 401 Wetlands gy: DWR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Town of Sunset Beach (Town Park) Project Location: 206 Sunset Blvd., adjacent to the A/WW, in Sunset Beach, Brunswick County Proposed Project: Construction of a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches & bike rack Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 14, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. 4{oi r;J6.0 wr:44-e�\ a.-liihs c k,- REPLY: V This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 0-D, --IA—IS RECEIVED FEB 19 70 N.C. Division of Coastal Management rpW-xwnN rl�a 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3%, 4 Internet: www.nccoastalmanagement.net An Equal Oppwtunily 1 Alhmulive Aclim, Employer RECEIVED FES 18 2m WWA'EWnw bIM &VXA* OffiE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 11, 2015 Town of Sunset Beach Ms. Susan Parker 700 Sunset Boulevard North Sunset Beach NC 28468 Donald R. van der Vaart Secretary Brunswick County DWR Project #: 14-1322 Subject Property: Sunset Beach Town Park — 206 Sunset Boulevard North Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Parker, You have our approval, in accordance with the attached conditions to construct a public park as described in your application received by the N.C. Division of Water Resources (DWR) on December 23, 2014, with additional information received on January 9, 2015, and February 2, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the Regional General Permit #198000291 (GP 291) when issued by the U.S. Army Corps of Engineers and the CAMA permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can also be found on line at: h!W:Hportal.ncdenr.orpJweb/wg/swp/ws/401/certsandMrmits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. RECEIVED FEB 18 20b �mnm-Mna wJty 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 Internet: www.ncdenr.gov An Equal Opportunity l Affirmative Action Employer- Made in pert by recycled paper 2 Sunset Beach Town Park Brunswick County 2014-1322 The Additional Conditions of the Certification are: 1. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWR. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral, and Land Resources has released the project. RECEIVED FEB 19 ';­4 3 Sunset Beach Town Park Brw4wick County 2014-1322 4. Turbidity The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 6. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permits. You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com or call (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431-3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings RECEIVED 6714 Mail Service Center FEB 18 70's Raleigh, NC 27699-6714 DGM'MHD Ct1y One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel, Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 4 Sunset Belch Town Park Brunswick County 2014-1322 Unless such a petition is Filed, this Certification shall be final and binding. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, egson, Region Supervisor Wa Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: Certificate of Completion GC 3900 cc: Troy Beasley — Withers & Ravenel — 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403 Jonathan Howell — DCM Morehead City Debbie Wilson — DCM Wilmington Tyler Crambley — USACE Wilmington Field Office Karen Higgins — 401 and Buffer Permitting Unit WiRO RECEIVED FEB 19 1015 Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional RECEIVED FEB 18 1015 F9CM-Mn. 91T1 I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date RECEIVED FEB 1910 k 7-A NCDEENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 19, 2014 e. ty. ti. 2-3.02 John E. Skvaria, III Secretary tiLI Division of Coastal Management ^� p1,C VAMEMORANDUM: itq ® : TO: Maria Dunn ��.�m cn„ NCWRC `f✓� rs�' c;� WaRO / WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Town of Sunset Beach (Town Park) Project Location: 206 Sunset Blvd., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: Construction of a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches & bike rack Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 14, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. JAN 26 2015 / 0-0-kqum crry 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. SIGNED � DATE I—zl-I-,>is" N.C. Division of coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer y6 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 19, 2014 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Town of Sunset Beach (Town Park) Project Location: 206 Sunset Blvd., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: Construction of a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches & bike rack Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 14, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Je,✓t" r, Far St_uv e ✓ t� SIGNED DATE RECEIVED N.C. Division of Coastal Management JAN 2 S 2015 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagament.net FoRw-MID CITY An Equal Opportunity 1 Affirmative Action Employer M NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary December 19, 2014 RECEIVED Division of Coastal Management DEC 2 2 2014 MEMORANDUM: DOA STATE PROPERTY TO: Tim Walton OFFICE Dept of Administration State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA ApplicattorrRevilpw Applicant: Town of Sunset Beach (Town Park) Project Location: 206 Sunset Blvd., adjacent to the All in Sunset Beach, Brunswick County Proposed Project: Construction of a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches & bike rack Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 14, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY SIGNED _Thi gency has no objection to the project as proposed. _This agency has no comment on the proposed project. Cs� villir>� _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. DATE \@. ��— I� RECEIVED JAN S 0 20b stal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net FTP1p1'MM6\ 1-.11W An Equal Opportunity 1 Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: January 16, 2015 Regulatory Division Action ID No. SAW-2015-00113 Town of Sunset Beach Attn: Ms. Susan Parker 700 Sunset Boulevard North Sunset Beach, North Carolina 28468 Dear Ms. Parker: Through coordination with the North Carolina Division of Coastal Management (NCDCM), we have received a copy of your permit proposal dated December 24, 2014 to construct a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches and bike rack at 206 Sunset Boulevard North, adjacent to the AIWW and Mary's Creek, in Sunset Beach, Brunswick County, North Carolina. A review of your plans reveals that the proposed activity will not involve work in wetlands, waters of the United States or navigable waters of the United States. Therefore, no Department of the Army authorization is required for your work. Should your proposed scope of work change, please contact this office to discuss possible required authorization. Please be advised that this does not relieve you of the need to obtain all necessary authorizations, including a valid permit from NCDCM, prior to beginning work. Should you have any questions or comments you may call me at (910) 251-4170. Sincerely, Tyler Cley, Project Manager Wilmington Regulatory Field Office RECEIVED JAN 2 2 1015 -2- Copies Furnished: Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 . Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenu Morehead City, North Carolina 28557-3421 LPN Ca" e0� �N� Amn NCDENR Pat McCrory North Carolin De rtment of Environment and Governor December 19, 2014 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO Natural Resources John E. Skvarla, III Secretary FROM. Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Town of Sunset Beach (Town Park) Project Location: 206 Sunset Blvd., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: Construction of a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches & bike rack Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 14, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Et-o-- —A 5 -,k ,.. c -f�, n i ct?�ro✓a' vS nc�s5or ( S,- d Z,7`J act _i�ro1� 1 This agency objects to the project for reasons described in the attached comments. SIGNED _ DATE_ 31A 2oI+ RECEIVED JAN 13 7M N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-MHD CITY Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer T-A NC6 R North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 19, 2014 Division of Coastal Management MEMORANDUM: TO Heidi Cox Environmental Engineer Public Water Supply John E. Skvarla, III Secretary FROM Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Town of Sunset Beach (Town Park) Project Location: 206 Sunset Blvd., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: Construction of a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches & bike rack Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 14, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE I l02 3 �a 0 I N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 �AN t Q 1Uti Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer DCM-MHD CITY NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary December 19, 2014 Division of Coastal Management DEC 2011t MEMORANDUM: 11 TO: Georgette Scott BY.- - Stormwater Section DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Town of Sunset Beach (Town Park) Project Location: 206 Sunset Blvd., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: Construction of a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches & bike rack Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 14, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. SkDf"r � his agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE _V2-/2-,4y RECEIVED N.C. Division of Coastal Management JAN 0 9 2015 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net BEM+-MHD CITY An Equal Opportunity 1 Affirmative Actbn Employer R North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 19, 2014 Division of Coastal Management MEMORANDUM: TO: Shane Staples Fisheries Resource Specialist DCM - WaRO John E. Skvarla, III Secretary ecretary DEC 98 2M4 pCM•flaherle8 WARO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Town of Sunset Beach (Town Park) Project Location: 206 Sunset Blvd., adjacent to the AIWW,, in Sunset Beach, Brunswick County Proposed Project: Construction of a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches & bike rack Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 14, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED `G DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: w w.nccoastalmanaaement.net An Equal Opp lunibgAffinaEve Adlon Employer + ,0:2:.� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary I)ISTRICT 3 December 19, 2014 RECEIVED DEC 2 2 2014 Division of Coastal Management JAN 0 5 in'S MEMORANDUM: RECEIVED BPM7-rtAHY'Y tP,Ilir`k TO: Anthony Law NC DOT New Hanover County FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Town of Sunset Beach (Town Park) Project Location: 206 Sunset Blvd., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: Construction of a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches & bike rack Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 14, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1��� DATE 1-2' — 31 —j N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer �� MCDEMR. North Carolina Department of Environment and Natural Resources Pat.McCrory Governor December 1,9, 2014 Division of Coastal Managernent MEMORANDUM: TO: Mark Zeigler 1IUiR0 - Division of Community Assistance John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant:• Town of Sunset Beach (Town Park) Project Location: 206 Sunset Blvd., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: Construction of a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches & -bike rack Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 14, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 When appropriate-, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED $400/ 4^JS_�WY' DATE N.C. Division of Coastal Managernient 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX:910-395:3964 Internet: www.nccoastalmanaeement.nel An Equal Opportunity 1 Atfrmalive Action Employer Recommendations for State Permit —Sunset Beach Town Park It is the staff's recommendation that the proposed Town Park with an 8 feet wide boardwalk is CONSISTENT with the Rules of 15A NCAC 7H.0209 (d) Use Standards for Coastal Shorelines (10)(D) which states "Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public use or need". The proposed 8 feet wide boardwalk would be necessaryto provide handicapped accessibility and a consistentwidth forthe trail system. The boardwalkswould be located within a public park and therefore, would serve the public's needs and provide a public use. It is staffs recommendation the proposed Town Park would be CONSISTENT with the Rules of 15A NCAC 7H.0209 (d) Use Standards for Coastal Shorelines (10)(F) which states "Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet;" The applicant has stated the proposed observation deck would not exceed 200 square feet. It is staffs recommendation that the proposed Town Park would be CONSISTENT with The Rules of 15A NCAC 07H.0600 Development Standards Applicable to all AECS. I have no objections to the proposed project. Any permit issued should include the following conditions: 1. The amount of impervious surface shall not exceed 30% of the lot area within 75 feet of normal high water (Estuarine Shoreline Area of Environmental Concern), in this case, 5,302 square feet is authorized. 2. Unless specifically allowed in 15A NCAC 07H. 0209(d) (10), and shown on the permitted plan drawing, all development/construction shall be located a distance of 30 feet landward of normal high water. 3. All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. 4. All other disturbed areas shall be vegetatatively stabilized (planted and mulched) within 14 days of construction completion. 5. The boardwalks located within the 30-foot Coastal Shoreline shall be wooden, elevated and slatted. 6. The observation deck shall be wooden, elevated, slatted, unroofed and shall not exceed 200 square feet. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. RECEIVED DEC 8 North Carolina Department of Administration Pat McCrory, Governor Bill Daughtridge, Jr., Secretary December 29, 2014 To: Jonathan Howell Assistant Major Perini s Coordinator From: Joy Wayman Real Property Age Re: Major Permit Applica Review Applicant — Town of Sunset Beach Town Park State Property Office Reply: Please confirm that the proposed facilities are not located within the USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. RECEIVED JAN E 0 1015 Pg A" "WM (.FTV Mailing Address: Telephone (919) 8074I&W Location: 1321 Mail Service Center Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina An Equal Opportunity / Affirmative Action Employer Web: http://w .ncspo.org AIL NCDENR dh.Carolina Department of Environment and Pat Mccidry; d6vemor December 19,'20-14 Division,oUCclastalUanagemen MEMORANDUM: TO: Renee Gledhill-Eai`ly Ddptl of Cultural I Resources.. Archives & History A -- Oil -ICE John'E. Skvada, )it Secretary 12 FROM- Jonathan Howell, NDDENR--DGKfi Assistant Major Perini I ts Coordinator400`Commerce;Avenue, Morehead Cit,y,-NC'2855r7,(C6urter 11712-09) SUBJECT, CAMA Application Review: Applicant- Town of Sunset Bdach,.,(TgvVn Park) ProjqqtL,oc5,tion.: 2.06-Suqse,t'81vd., adj6pentJo. the AIVVW; in Sunset Beach, BtUnSivick County ,Proposed Project: Construction of.'a gublicpark,with boardwalks, gazebo, observation deck, signage, educ'a-(ipn'af1doS'ks,,re§t Please irldicEfte below your agency's position or viewpoint on the proposed,prc?ject and return'th1s"f6rrn'to Jonathan Howell,at the ad ress. aboVe by Januar - , 6 5 a-d I I I I I y 14 ? .1 lf.you-have any questions regarding the proposed project, contact Holley'Snider at (910)796-7270 When appfPpri6tb, in depth comments with,supportihg clata,isreqiJested' �.REPLY: This ageppy has no objedfionlo.theproject as proposed. This, agency has no comment on,the,pr6posed project. ,SIGN This agency approvesof - tfielproject- only if the recommended changes -are-incorporated. See attached. This agency objects, io,the.-project for reasons described in the attached comments. R9 N.C..Oivtsi�t of Coastal kltm�gemant 2.7 Cardinal D lit vo� b I., IN.,! i n;'p9i on. t J C 2 84 0-5 More: 9 1077%.7215 1. FAK 910.395-39V, Internet: mvw.nc=sla1m,,anar;emLnl.n0 DECt 3 0 814 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Sunset Beach Town Park 2. LOCATION OF PROJECT SITE: 206 Sunset Boulevard North adjacent to the Atlantic Intracoastal Waterway, in Sunset Beach, Brunswick County. Photo Index — 2006: 2-6205 J,K,L-10 2000: 2-17 M,N,0-15 1998: 2-17 M,N,0-20 State Plane Coordinates - X: 221498.577 Y: 61083.113 Rover File: n/a Lat: 33°54'56.11" N Long:78"16'12.14" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/05/14, 12/4/14 Was Applicant Present — Yes, Yes 5. PROCESSING PROCEDURE: Application Received — 12/09/14, Completed 12/15/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Sunset Beach Land Classification From LUP - (B) AEC(s) involved: ES, PTS (C) Water Dependent: No (D) Intended !c (E) Wastewater Treatment:Existing — Municipal Sewer Planned - N/A (F) Type of Structures: Existing — Parking lot and vacant land Planned - Public park with amenities (G) Estimated Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED RECEIVED JAN202015 ?PW- tup, PITY OTHER (A) Vegetated Wetlands Coastal (B) Non -Vegetated Wetlands Open Water (C) Other High ground —Estuarine 5,302 sq. ft. Shoreline AEC impervious (D) Total Area Disturbed: 164,714 sq. (3.78 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-HQW Open: No 8. PROJECT SUMMARY: The applicant is proposing to constru nublir narkTwirh hn�rdwalks, gazebo, observation deck, -signage, educational kiosks, restroom building, parking area, swings, benches and bike rack. Sunset Beach Town Park Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 206 Sunset Boulevard North adjacent to the Mary's Creek and the Atlantic Intracoastal Waterway (AIWW) in the Town of Sunset Beach, Brunswick County. Directions from Highway 17 south of Shallotte:Turn Left onto Highway 904 and travel south for approximately3.6 milesto the intersection of Sunset Boulevard North. Turn Right onto Sunset Boulevard and travel approximately 1.7 miles and proceed south thru the traffic circle. Proceed south thru the intersection with Shoreline Drive West. The project site will be located immediately on the left side of the road. The project site is bordered bythe waters of the Mary's Creekto the north and east, the AIWW to the south and Sunset Boulevard to the west. The project site is comprised of one parcel totaling approximately 5.22 acres (+/-227,383 sq. ft.) in size. The site is vegetated primarily with lawn grasses and mature oak trees. The elevation of the tract is approximately 13 feet above mean sea level. A portion of the shoreline of the site adjacent to Mary's Creek has been stabilized with a bulkhead (approximately 490 linear feet). Coastal wetland vegetation is present water ward of the existing bulkhead and is approximately 5-10 feet in width. The remainder of the shoreline, along Mary's Creek is natural with an approximately 3 foot change in elevation from the high ground to the coastal wetlands. The shoreline in this area is stabilized with vegetation. Coastal Wetland vegetation in this area ranges in width from 10 -20 feet. The Coastal Wetland vegetation consists primarily of Smooth Cord Grass (Spartina olterniflora) and Salt Meadow Hay (Spartina patens). The shoreline along the AIWW is void of wetland vegetation and an approximately 2-3 foot erosion escarpment is present due to wave wash. The Town Park project received a Sedimentation and Erosion Control permit (BRUNS 2015-011) from the Division of Energy, Mineral and Land Resources. The applicant states a State Storm Water permit will be applied for from the Division of Water Resources. CAMA Minor Permit #SB13-14 was issued for the development of the Town Park, however the project now exceeds the thresholds for minor development, which requires additional State authorization and therefore, now requires CAMA Major Permit authorization. The waters of the AIWW are classified as SA-HCIW by the North Carolina Division of Water Resources and are closed to the harvest of shellfish. This area of AIWW has been designated as Primary Nursery Area. The entire property lies within the jurisdictional limits of the Town of Sunset Beach. 10. PROPOSED PROJECT The applicant is proposing to construct a public park with boardwalks, gazebo, observation deck, signage, educational kiosks, restroom building, parking area, swings, benches and bike racks. The applicant is proposing a restroom building, gazebo, parking area, boardwalks, educational kiosks, and bike racks located on the and of the property. As proposed, a portion of the pervious boardwalks, eight (8) "Souihpo swin s�Iducationa a four 4 1 nche would be located within the 75-foot Estuarine oreline AEC. a applicant is proposing a series of boardwalks throughour the project area, some of which will be 8 feet in width and some 5 feet in width. The applicant states that all proposed boardwalks located within the 30-foot Coastal Shoreline Buffer would be elevated and slatted. The applicant is also proposing a 200 sq. observation deck at the terminus of the boardwalk located adjacent to the AIWW (see sheet C2.0) Sunset Beach Town Park Page Three 11. ANTICIPATED IMPACTS: As proposed, the public park would result in approximately 12,776 sq. ft. of pervious concrete walking trails within the Estuarine Shoreline AEC. This would result in a total of 5,302 sq. of impervious surface within the Estuarine Shoreline AEC. Approximately 2,750 square feet of elevated, slatted walkway is proposed within the 30-foot Coastal Shoreline Buffer AEC. An additional 200 sq. ft. of observation deck is proposed within the 30-foot Coastal Shoreline AEC. As proposed, all other development including parking, bathrooms, etc. would be located outside of the Estuarine Shoreline AEC. The proposed development of the Town Park would result in the land disturbance of approximately 164,714 square feet (3.78 acres). Submitted by: Holley A. Snider Date: December 16, 2014 Office: Wilmington RECEIVED JAN 2 0 2015 y5.�'A"Av,IGhS t"I1V 0 P� J J " W Z S � J Rw m vJE`'j O C. z cRP`� DR 0 SITE b� m � OPK�N o � n�DE a 19 Location Exhibit WITHERS-- RAVEroLLDA nsm.a..�o:..umebmowr wnw9wo 0 150 300 600 OFeel 1 inch = 600 feet z TRH SS Mary's Creek . DCM 1WtN ON, NC Legend DEC 0 9 Site DCM MP-1 APPLICATION for Major Development Per past revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicantl Landowner Information Business Name Town Of Sunset Beach Project Name (if applicable) Sunset Beach Town Park Applicant 1: First Name Susan MI Last Name Parker Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 700 Sunset Blvd North PO Box City Sunset Beach State NC ZIP 28468 Country USA Phone No. 910 - 579 - 6297 ext. FAX No. Street Address (if different from above) Cily State ZIP Email sparker agatmc.net ft UISLY/tlel 2. Agent/Contractor Information Business Name Withers; & Ravenel Agent/ Contractor 1: First Name Troy MI H Last Name Beasley Agent(Contractor 2: First Name MI Last Name Mailing Address 1410 Commonwealth Drive, Suite 101 PO Box City Wilmington State NC ZIP 28403 Phone No. 1 910 - 509.6512 ext. Phone No. 2 910 - 622 - 0122 ext. FAX No.---._.-- -_...__._.. Contractor# Street Address (if different from above) City State ZIP Email %WW 0 W14-cv_5MVend co ---- J <Form continues on back> DCM WILMINGTON, NC DEC 0 0 Z014 252-808.2808 1.888-4RCOAST :: ww w. n ccoasta l management. net Form DCM MP-1 (Page 2 of4) APPLICATION for Major Development Permit 3_ mr-009tLocation _ County (can be multiple) - Street Address State Rd. # Brunwsick 206 Sunset Blvd North 1172 Subdivision Name - City State Zip 7 Sunset Beach NC 28468 - Phone No. - Lot No.(s) (if many, attach additional page with list) - - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lurn1xr - ICWW & Mary's Creek o. 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 CWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes [:]No work falls within. Sunset Beach 4. Site Descri Lion a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) ±1400 If ±227,383 sq ft c. Size of individual lot(s) - d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (if many lot sizes, please attach additional page with a list) ±13' ®NHW or ❑NWL e. Vegetation on tract Vegetation consists of a sparse canopy of live oak trees, with a groundcover or maintained bermuda grass and weeds. The understory was historically removed when the site was a private residence, and the Town continues to mow/maintain the site for passive recreation use by the public. I. Man-made features and uses now on tract The site contains an existing dock in Mary's Creek, as well as several concrete pads that are remnants from when the property was a private residence. g. Identify and describe the existing land uses adjacent to the proposed project site. The uses of the adjacent areas consist of a mixture of residential and commercial land use. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? SB-MB-1: Mainland Business District . - (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NO DEC Q 9 Z014 252.808.2808 1.888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (!I) Are there coastal wetlands on the site? ®Yes ❑No (lil) If yes to either (1) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. There are no current wastewater treatment facilities associated with the project site as it is an undeveloped parcel. o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. There are currently no onsite stormwater management or treatment systems as the site is currently undeveloped. 5. Activides and Impacts a. Will the project be for commercial, public, or private use? []Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed project will consist of a town park open to the public. Daily operations will consist of the general public accessing the site for recreational purposes including education, excerise and relaxation. 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. The proposed project will be constructed using typical commercial construction equipment and techniques. No special construction equipment will be used. Anticipated construction equipment will consist of bobcats, front end loaders, and potentially a small bulldozer or excavator for grading. However, the exact type of equipment and number of each type of equipment is unknown at this time. All equipment will be stored onsite within the permitted construction limits when not in use. d. List all development activities you propose. The proposed development activities consist of construction of a mixed -use public park, which includes select grading for installation of the walkway and boardwalk, and construction of the walkway, boardwalk, gazebo, observation deck, RECns EIVED three educational kiosks, a restroom building, parking area, eight swings, four benches and bike racks. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work aonq,roHA el ry f. What is the approximate total disturbed land area resulting from the proposed project? 164,714 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []NO ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Currently, there are no discharges to Waters of the State. There are also no proposed discharges to Waters of the State. I. Will wastewater or stornwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. DCM WILMINGTON, NC <Form continues on back> 252.808.2808 :: 1-888.4R COA ST :: www.nccoastalmanagement. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6 Additional Information In addition to this completed application tbmr, (MP 1) the following items below ff appltcable must be submitted in order for the, application package'io be complete. ltems (s) _ (9 are always applicable to any ma]6i development appiicatfon Please consult the application Instruction booklet on how to properly piepare'the required (tams below.- ... - a, A project narrative. b.- An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present -status ofthe 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. Asite or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under whicli the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have receiveda 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, Nameee Sattached Adjacent Rlpanan Property Owner,Exhibit Phone 0., - AtlAress � s _ _ Name - - - Phone No. Address Name . .-.._ ....,.,.... _.. — - _._- Rhone No.�, Address '' - • , r r g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Minor Permit (SB #13-14) - Town of Sunset Beach - 9119114 h. Signed consultant or agent authorization forth, 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..Certification and Permission 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 jb f 601)q Print Name l Ywr 1iieas(eV - A46WQ �er&- Signature r Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development pDCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC DEC 0 9 Z014 252.808.2808 :: 1.888.4RCOAST :: www,nccoastalmanagoment.net Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. The project proposes pervious concrete walkways, elevated, slatted boardwalk, an observation deck (not to exceed 200 sq ft), a 20'x20' restroom building, three educational kiosks, a 1500 sq ft gazebo, perviou concrete parking area, either "Southport' swings, four benches, informational signs and bike racks. c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes []No ❑NA (Ii) If yes, list the date submitted: S&EC Permit issued on 9/24/14 (Bruns-2015-011) g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 8% I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 5% j. Describe proposed method of sewage disposal. Brunswick County Sanitary Sewer I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). There are no proposed discharges to waters of the state b. Number of lots or parcels. NIA d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Disturbed limits as specified by the S&EC permit is 164,714 sq ft. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Pervious concrete for walkway, asphault shingles for roofs on gazebo and bathrooms. RECEIVED 1AN 2 0 2015 h. Projects that require a CAMA Major Development $ermi� MQI 2180 require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: Will be submitted prior to the end of the Public Notice period. k. Have the facilities described in Item (i) received state or local approval? []Yes (:]No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative st"ED design? DCM WILMINGTON, NC ❑Yes ®No ❑NA If yes, attach appropriate documentation. DEC 0 9 2094_ 252-808-28082 :: 1.888.4RCOAST :: www.nceoastalmanagement.net revised: 12/26106 Form DCM MP-3 (Upland DevegoPmefl8, Page 2 of 2) M. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ❑Yes NNo []NA community, public system, etc.) - (ii) If yes, how many acres? Public system o. When was the lot(s) platted and recorded? 2006 - when Sunset Beach purchase property p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No NNA RECEIVED DCM WILMINGTON, NG DEC 0 "? 2014, 252-808-2808:: 1.888-4RCOAST :: www.nccoastalmonaciement.net revised: 12126/06 WITHERS �. "RAVENEL ENGINEERS i PLANNERS I SURVEYORS Sunset Beach Town Park - CAMA Major Permit Request 206 Sunset Blvd N Sunset Beach, Brunswick County Project Narrative The Town of Sunset Beach requests a CAMA Major Development Permit for the construction of the Sunset Beach Town Park. The proposed project is located at 206 Sunset Blvd North, east of the intersection of Sunset Beach Blvd and Shoreline Drive in Sunset Beach, Brunswick County (Lat: 33.883456°N; Long:-78.510351°W). The Sunset Beach Town Park project is located on a t5.22 acre parcel (PIN 104408886993) and is bordered by Mary's Creek to the east and the ICWW to the south. This section of ICW W (Stream Index: 15-25) is classified as SA;HQW and is located within the Lumber River basin (HUC 03040207). Proposed Project The proposed project consists of a multi -use public town park. The proposed amenities to be constructed within the park include the following: • Pervious concrete walking trails (12,776 sq ft) of both 5' and 8' widths, constructed outside of the 30' Coastal Shoreline Setback, with both 5' and 8' widths. • Elevated, slatted walkways (2,750 sq ft) constructed within the 30' Coastal Shoreline Setback. Please note that the support structure/framework will be constructed of wood, and Trex composite boards are proposed to be used for the decking boards. Please refer to the enclosed Stage 1 Construction Drawings for details on the design of the elevated, slatted walkway and proposed materials. There are 5ft and 8ft portions of elevated, slatted boardwalk proposed. The boardwalk within the main loop trail will be 9 ft wide from back of curb to back of curb, while the section leading to the observation deck will be f6 ft wide from back of curb to back of curb. Please note that the proposed 9 ft wide elevated, slatted walkway has been designed to allow for a clear 8 ft walking surface, with 6 inch curbs on both sides, for a total width of t9' as shown on Sheet S 1.3 of the Stage I Construction Drawings. The curb is necessary for visitor safety, most specifically visitors in wheelchairs as the curbs will help prevent wheelchairs from accidentally rolling off the site of the elevated boardwalk. 15A NCAC 07H .0209 (d)(10)(D) specifies that boardwalks within the 30' Coastal Shoreline Setback may be greater than 6 ft in width if it is to serve a public use or need. Therefore, the proposed 9 ft wide elevated, slatted boardwalk is allowable since it is being constructed for public use within a public park. • An observation deck overlooking the IC W W and Mary's Creek, which will not exceed 200 sq ft. • Three educational kiosks (only 1 kiosk located within 75' AEC and none within 30' COaSWCEiVED Shoreline Setback) • A 20'x20' restroom building (located outside of 75' AEC) JAN 8 0 10b • A 1500 sq ft gazebo (located outside of 75' AEC) prnM=h«Pw M44: • Parking area constructed of pervious concrete (11,900 sq ftxlocated outside of 75' AEC) • Eight "Southport Swings" (located within 75' AEC, but not within 30' Coastal Shoreline Setback) • Four benches (located within 75' AEC, but not within 30' Coastal Shoreline Setback) RECEIVED 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.258PCM WILMINGTON, NC www.withersravenet.com I License No. C-0832 0FG 0 9 Z0141 Sunset Beach Town Park — CAMA Major Permit Application — Project Narrative 10/30/14 • Informational Signs (outside of 75' AEC) • Bike racks (outside of 75' AEC) Existing Conditions The proposed project site currently consist of an undeveloped, wooded parcel which is currently being used as a passive recreation park. The project site contains an existing bulkhead along Mary's Creek, an existing wooden pier within Mary's Creek, and several concrete pads from previous structures which have been demolished. The project site also contains coastal wetlands along the ICWW and Mary's Creek. The project site contains numerous mature live oak trees with an open understory. The understory was historically removed when the parcel was previously a private residence. The site is regularly mowed/maintained by the Town to allow passive recreational use by the public. Proiect History The Sunset Beach Town Park was previously issued a CAMA Minor Permit (SB#13-14) on September 19, 2013, as the proposed design did not require any other state or federal permits (i.e. Stormwater Management Permit, Sediment & Erosion Control Permit, etc.) because the proposed disturbance was less than 1.0 acres the proposed impervious area was less than 10,000 sq ft. During construction activities, construction materials were stored outside of the approved construction limits, resulting in the issuance of an Erosion Control Notice of Violation, which resulted in the project requiring an Erosion Control Permit, and subsequently, a Stormwater Management Permit. The requirement of these State permits elevated the project to a CAMA Major Permit. The Sediment & Erosion Control Permit (Project ID: Bruns-2015-011) was issued on September 24, 2014 and has been provided as an Attachment. The Stormwater Management Permit application is being prepared for submittal, and NCDMLR review is anticipated to run concurrently with the CAMA Major Permit Application review. Areas of Environmental Concern (AEC) This section of ICWW, including all sloughs, sounds, inlets and connecting channels (i.e. Mary's Creek), has a Water Quality Classification of SA;HQW and is subject to a 75' AEC from the Mean High Water Line (MHWL) of both the ICWW and Mary's Creek. The 75' AEC encroaches onto the eastern and southern portion of the project and encompasses 79,064 sq ft (11.8 acres) of the project site. The project will result in 5,302 sq ft (f0.12 acres) of impervious area within the 75' AEC from construction of the pervious concrete walking trails, the concrete piers/footers for the elevated boardwalk and the concrete pads for the benches and Southport Swings. SITE INFORMATION Project Area 227,3 83 sq ft/t5.22acres Project Area Within 75' AEC 79,064 sq ft/f1.8 acres Impervious Area within 75' AEC 5,30 osq ft / t0.12 acres 8/o Impervious Impervious Area for Entire Project 5% RECEIVED DCM WILMINGTON, NC WITHERS & 12A.VENEL DEC 0 0 2014.. „„„ , Page 2 of 3 Sunset Beach Town Park — CAMA Major Permit Application — Project Narrative 10/30/14 Coastal Wetlands & Mean Hiah Water The project site contains coastal wetlands jurisdictional to NC Division of Coastal Management (DCM) which were delineated by Withers & Ravenel in 2013. The Mean High Water Line was established by East Coast Engineering. & Surveying locating the 2.9' contour (NAVD 88), which is the established MHWL elevation for this area of Brunswick County. Through issuance of the previous CAMA Minor Permit for the project, DCM has approved the delineation of the coastal wetlands, as well as the location of the Mean High Water Line. Please note that there is no proposed disturbance/impacts to the onsite coastal wetlands as part of this application. Upland Development The entire project will be constructed entirely within uplands, and includes pervious concrete walking trails, elevated, slatted walkways, an observation deck overlooking the ICWW and Mary's Creek, three educational kiosks, a restroom building, a gazebo, pervious concrete parking area, eight "Southport Swings", four benches, informational Signs and bike racks. Attachments: • MP-1— Applicant Information • MP-3 — Upland Development • Agent Authorization Form • Property Deed RECEIVED • Location Exhibit • Aerial & USGS Quadrangle JAN 2 0 MIS • Previous CAMA Minor Permit • Adjacent Property Owner Exhibit & Certified Mail Receipts • Existing Conditions Plan • CAMA Site Plan • Stage 1 Construction Drawings RECEIVED DCM WILMINGTON, NO DEC 0 9 2014 WITHERB & RAVENEL Page 3of3 ..oinura i ru..ua r��.neu IIIIIIIII�II�IIIIIIIIII�. 63114 P13 , IIIIIIII 1� 07_0,48 35 0 Brunswick Count Brenda M, C 0.34.35. 000 Y. NC Register of Deeds lemmans PROP sage 1 of 3 Brenda M. Clammons Register of Deeds 07-08-2011 10.34: 35.000 Brunswick County, NC NC REVENUE STAMP: $5300.00 (#264546) WARRANTY DEED STATE OF NORTH CAROLINA i k x COUNTY OF BRUNSWICK ?r-Cfxtr(,cl '`1 tq_e ise„her� fh THIS DEED, made this e day, of July, 2011, by and between Tidal Ventures, LLC, a North Carolina limited liability company, 1574 Monster Buck Estates, Supply, NC 28462, hereinafter, whether one or more, referred to as "Grantor," and Town of Sunset Beach, a North Carolina municipal corporation, whose address is 700 Sunset Blvd. North, Sunset Beach, NC 28470, hereinafter, whether one or more, referred to as "Grantee": WITNESSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, 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 property situated in Sunset Beach, Brunswick County, North Carolina, more particularly described as follows: RECEIVED JAN 2 0 LA'S Aokn_MHF) CITV BEING all of that certain 5.22 acre tract of land according to a Survey for Tidal Ventures, LLC, by Norris and Ward Land Surveyors, PA, recorded in Map Cabinet 34 at Page 366 of the Brunswick County Registry, said tract having the metes, bounds and location as shown on said plat. For back reference see Book 2345 at Page 89 of the Brunswick County Registry. This property was acquired with State financial assistance from the N.C. Parks and Recreation Trust Fund, and pursuant to a contractual requirement this property may not be converted to other than public recreation use (whether by transfer, sale or in any other manner) without approval of the N.C. Department of Environment and Natural RECEIVED Resources. DCM WILMINGTON, NC DEC 0 9 2014 @111111j@jjjjjjj tjjjj[j, tk1jj P1313n of Deeds* page 208-2:11ROP of 3 This property does not contain the primary residence of 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. 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, except as shown on Exhibit A attached hereto, and that Grantor will warrant and defend the tide against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto exe ated this deed, the day and year first above written. Tid By: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK—� I, I. 1 1�-S7tC1� J- �� ( Cy 04 a Notary Public in and for the state and county aforesaid, do hereby certify that Gregory S. Gore and Samuel N. Vamam personally came before me this day and each acknowledged that he is a member -manager of Tidal Ventures, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, he voluntarily signed the foregoing instrument in its name on its behalf as its act and deed. pp�6 11111 WITNESS my hand f i�%I�this the _ y of July, 2011. ) ' m pUB1.\G t - l& Notary Public %944 My commission expires: ,; p1-611aw RECEIVED �-Z9- 20 DCM WILMINGTON, NC IS DEC 0 9 2014 .00 �r���swick ountyW� later of Deed. page 83114 R. Cl m3�pf33'PROP ExhibitA Exceptions 1. Brunswick County Property taxes for the year 2011. 2. Matters shown on the survey map recorded in Map Book 34, Page 366, Brunswick County Registry. 3. Lands lying below the mean high water mark. 4. Utility Easement recorded in Book 1369, Page 727. 5. Temporary Deed of Easement recorded in Book 2322 at Page 1152. 6. Right of Way for Sunset Boulevard and SR 1172. 7. Rights of others thereto entitled in and to the continued uninterrupted How of Mary's Creek. 8. Right of Way in favor of the State and/or Federal Government for Atlantic Intracoastal Waterway, if any. 9. Utility Easements of Record. RECEIVED JAN 2 0 2015 F„a"-Way PITY RECEIVED DCM WILMINGTON, NC NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor December 19, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Sunset Beach Town Park Major Public Notice John E. Skvada, III Secretary Kyle & Heather: Please publish the attached Notice in the Wednesday, December 24, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Assistance Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM RECEIVED DEC 8.1 7au D6M'MHE) CITY N.C. Division of Coastal Management 27 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910395-3964 Internet: www.ncroastalmanagement.net An Equal Opportunity 1 Affinalive Action Employer. NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, the Town of Sunset Beach proposes to construct a public park with amenities at 206 Sunset Blvd, adjacent to the AIW in Brunswick County. A copy of the application may be examined or copied at the office of Holley Snider, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7270) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 14. 2015 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 DEC 2.1 7ni4 D6M-14N9 CITY _;rA I�CDEE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor December 16, 2014 Troy Beasley, agent for the Town of Sunset Beach Wither and Ravenel 1410 Commonwealth Drive, Suite 101 Wilmington, NC 28411 Dear Mr. Beasley: John E. Skvarla, III Secretary The Division of Coastal Management hereby acknowledges receipt of your request for State approval to develop a Town Park located at 206 Sunset Boulevard North adjacent to the Atlantic Intracoastal Waterway, in the Town of Sunset Beach, Brunswick County. It was received complete on 12/15/14, and appears to be adequate for processing at this time. The projected deadline for making a decision is 03/02/15. 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 December 15, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Si cer y, olley Snide Coastal Management Representative Enclosure cc: Jonathan Howell, DCM Debra Wilson, DCM Randy Walters, Sunset Beach LPO Tyler Crumbley, COE RECEIVED DFr. 2 1014 127 Cardinal Drive'Ext., Wilmington, NC 28405 nl" Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer MAJOR PERMIT FEE SCHEDULE Sunset Beach Town Park/$400/Brunswick County DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if &B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED Off 2 $ 7414 DC&1.41MD CITY v� l Check log for WIRO --- DENR CAMA:The Check Check Date RacaNeO Check From (Name) Name of Permit Holder Vendor Nomber amount Permit NumberlComments 11/73to Village of Bald Head Island same PNC_Bank 57057 5100 00 motl fee, MP 208-88 - - --- First Bank 1239 $100 00 [minor fee, 105 Caswell Rd. Caswell Beach BrCo 11/142014 John W. Thompson __ - __ _.__ Caswell 105, LLC _ _ -.. ____ ____ Wells Fargo Bank S9098506577 $400.00 ---- - GP 65022D volney Wamer Julia Riven bark 11/142014 Brandon Gnmea Money Order _ Wells Fargo Bank 59098508588 $400.00 GP 65027D 11/142014 Brandon Grimes, Money Order _ _ _ First Citizens Bank 3543 E800.00 GP 63203D 11/142014 Dr. Gwendolyn Faye Jones same __ _-___ BB&T 1818 52W.00 GP 64080D 11/142014 20 11/1814 m Teo and Shan_Hutller Holden Dock & Bulkheads same Russell Salisbury _ First Community Bank 5951 $200.00 GP 85020D 11/182014 WF Boucher ---- - - -- William Boucher B of A_ 7973 $100.00 renewal fee, 164-97 11/182074 Connewey Marine ConsW_ction, Inc Saintaing and Koloski BMA 6871 5200.00 GP 85025D _ BB&T 7037 5200.00 383 Lockwood Folly Rd, Bolivia 11/192014 Anants Cabinet and Trim Joseph and Laurette Arrant 11/19/2014 Land Management Group Inc Hawkeswater Manna - _ _ _ First Bank 44757 $100.00 mod fee, MP 48-14 _ First Citizens Bank 1489 $100.00 mod fee. MP 172-87 11/192014 Said Head Island LTDBruos Minsk Bald Head Island Manna First Citizens Bank 3642 S200.00 GP 65026D 11202014 Clements Marine Construction Inc Jam Pro es/Dan Smith Community One 2335 $200.00 GP 84081 D 11212014 J. Dean Burge Llrlda Averette First Community Bank 5952 $600.00 GP 64082D t t212014 Holden Dock 8 Bulkheads Chemserve Terminal of Wilmington B of A 1282 5100.00 _ renewal fee, MP 3592 112412014 11242014 Bruce L. Kirk Jr, Town of Sunset Beach _ _ same, for beach bulldozing First Citizens Bank 13073 $100.00 renewal fee, MP 40-01 _ _ 11252014 CB Madne, LLC same, transfer from Saint Joseph's Manna LLC SunTrust 1067 $700.00 transfer fee, MP 36-04 -_. _ 11252014 Logan Marine LLC Norton & Rowlett major permit Coming Federal Credit Union 1117 $250.00 major fee, NHCo, Norton & Rowlett 11/252014 F and S Marine Contractors Inc Flaughen PNC Bank 4782 5400.00 GP 65028 5200 8 E200 credit for MP Fie her _ _ - BB&7 3434 5250.00 major fee, NHCo Bueldn _.. 11252014 Willard S Bunion same BB&T 1731 5200.0010u1z GP 11252014 11262014 Backwater Marine Construction Inc. American Marine Construction INC (Chares P Klutz Margaret WaostaR First CltiZens Bank 85738 400 5.00 _ ___ 11282014 Village of Bald Head Island same PNC Bank 57183 E100.00 enewal fee, 208-86 __ 11/262014 Allied Marine Contractors LLC Berkley B of A Wells Fargo Bank 8957 1409 5200.00 5400.00 GP 64060D _ _ _ _ major fee, Watltlell, BrCo 11282014 Bruce Marek, P.E. Waddell I BB&T 57ri57 5475.00 _ major fee, Town of OI, F1rCo _ _ 11/2 014 12112014 Town of Oak Island Charles F. Riggs & Associates Inc. same Gary arW Jeananne Cranston Firs[ Citizens Benk 13754 5100.00 _ minor fee, NTB, Onslow Co. 12172014 Charles F. Riggs & Associates Inc. Keith and Cheryl Steinhoff First Citizens Bank t3757 5100.00 minor toe, NTB, Onsbw Co. _ 12/12014 D. Chad Kimes B & B Holdings, LLC (Scotts HIII Marine) NC State Fsr ioyees CretlB Union 4443 5100.00 renewal lee, MP 137-10 _ 1 Z12014 Waterfronts Villas Owners Assn same North State Benk 1578 5700.00 renewal iee, MP 84-05 121=014 Todd and Kelly SurraB same First Bank 7154 $400.00 major fee, BrCo 12=014 Above Par Home Inspection LLC John Kanof Wells Fargo 102ti 4952 5200.00 8250.00 GP 650430 major lee, NHC 12t2/2014 James and Tammy RattliR Chloe Rose LLC Wells Fargo First Citizens Bank 85739 5200.00 Fairdoth pertniL Sunset Burch 12li2014 American Marine Construction INC Charles Pe Lynn Fairdoth First Citizens Bank 1419 00.00 renewal fee, MP 191-86 12IW2014 Said Head Island Ltd. - - BHI Harbour Village Develo menl First Citizens Bank 9119 E200.00 $ GP 85030D 12/32014 1 Z3/1024 Michael Corn North American Money OrderBrendorr Grimes same Jennifer Honeycutt Benct irsl, Stratford, OK 203478682 -00.00 GP 65033D 1Z42014 F and S Manna Contractors INC Flaugher (major permit with $200 credit #4182 1 of PNC Bank 4196 E50.00 major fee, Flaugher, NHCo 2 of 2 418 Coastal Marine Piers Bulkheads LLC Sunset Docks __ Wells Fargo 199151$250.00 major foe, NHCo, Norton &Rowlett _ _12/&2014 12/52014 Backwater Marine Co on Inc. Reed _ BB&T 1743 $200. GP 64083D iZ512014 Town of Holden Beach same BB&T Norlh American Banking Co., MN 28833 341374157 5400.00 E400.00 GP 84084D GP 65034D 12152014 Global Express Mon en Ortler/John Casew Julien Stewart A 7001 E1,000.00 Sears GP 65060D, Mitchell GP BSOBID, Retledga GP ? 1Z52014 Allied Marine Contractors LLC Seer 3200, Michel E400, Ralledge @E400 B of PNCBank 7510 $700.00 renewal fee, MP 175-07 1Z52014 Mill Creak Waterway Restoration Inc. same _ B A 8890 $200.00 GP 53200D shared dock _ 1 ZB/2014 Connaway Marine Construction, Inc as, Geagan and Farmer, of Wachovia 1265 $400.00 GP 65063D sandbags 1Z92014 LCI Properties, LLC - Cathy Lovejoy _ Village oT Bald Head Islantl First CNzens Bank 1459 $100.00 CREDIT from 92/2014, mod fee 172-87 - Bruce Marek, P.E. BruceEdgar _ 7 Z92014 _ -a Wells Fargo 1 11594 $400 00 sandbags GP Oak Islantl 1 Z92014 ___ __ 1Z82014 and Elizabeth Fisher - - - - Coaxal is Bulkheads LLC _ Same _ _ - -� - m iSue and Andy Tysinger 3 __ _ IWells Fargo 19935 E200,001GP -- 5400 OOlmajor 65066D ---- fee, Sunset Beach, BrCo __ 1Z92014 and R Withers and Revenel, Inc Sunset Beach Town Park BB&T 3104E i i CAMA PERMIT APPLIED FOR Applicant proposes to construct a public park E adjacent to ion 4 COMMENTS ACCEPTED THROUGH -s&nzzazx 14 a s, APPLICANT: Withers & Ravenel c/o Troy Beasley 1410 Commonwealth Dr.. ##101 Wilmington, NC 25411 For: Town o4 Sunset Beach FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC ®iv. of Coastal management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Heather Coats, Field Representative 910-796-7270 flllllllllllllllllllllf IIIIIIII B3114 ai312 3 351Doe Brunswick County, NC Reglsler of Deeds lsmmI o PROP oage I of 3 Brands n. C1..moms Rsq inter of Dssds 07-08-2011 10:34:35.000 8runsu i ck County, NC NC REVENUE STAMP $5300. 00 0264346) �1ct31 SYJ 5 �/)L �-.— Ck S 3 5 aLPCA1 Re4, , WARRANTY DEED STATE OF NORTH CAROLINA COUNTY OF BRUNSW ICK ?1repltrecl i',1 M-9-0 ZSenhe,7 f� THIS DEED, made this , day, of July, 2011, by and between Tidal Ventures, LLC, a North Carolina limited liability company, 1574 Monster Buck Estates, Supply, NC 28462, hereinafter, whether one or more, referred to as "Grantor," and Town of Sunset Beach, a North Carolina municipal corporation, whose address is 700 Sunset Blvd. North, Sunset Beach, NC 28470, hereinafter, whether one or more, referred to as "Grantee' WITNESSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, 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 property situated in Sunset Beach, Brunswick County, North Carolina, more particularly described as follows. BEING all of that certain 5.22 acre tract of land according to a Survey for Tidal Ventures, LLC, by Norris and Ward Land Surveyors, PA, recorded in Map Cabinet 34 at Page 366 of the RECEIVED Brunswick County Registry, said tract having the metes, bounds and location as shown on said plat. For back reference see Book 2345 at Page 89 of the Brunswick County Registry. DEC 2.1 2014 This property was acquired with State financial assistance from the N.C. Parks and DCM-MHD CITY Recreation Trust Fund, and pursuant to a contractual requirement this property may not be converted to other than public recreation use (whether by transfer, sale or in any other manner) without approval of the N.C. Department of Environment and Natural RECEIVED Resources, DCM WILMINGTON, NG DEC 0 9 2014 201 I IIIIIIIIIIIII IIIIIIIIII""'IIIIIII BBrenda P1313 lam ors 35'PROP Brunswick County, r ,glster oDeeds page 2 of 3 This property does not contain the primary residence of 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. 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, except as shown on Exhibit A attached hereto, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto execated this deed, the day and year first above written Tid; -39 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, 1 'r� i �`'�h �I �` l r rL` a Notary Public in and for the state and county aforesaid, do hereby certify that Gregory S. Gore and Samuel N. Varnam personally came before me this day and each acknowledged that he is a member -manager of Tidal Ventures, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, he voluntarily signed the foregoing instrument in its name on its behalf as its act and deed. `` '� ,owu�. ,r WITNESS my hand �t��ffjFi��� this the _ y of July, 2011. ` RECENED �� r� 99a 1 tt ( DEC 2 8 2014 r� '`" \ �( D.CM-MHD CITY My commission expires: L LicNotaryPub '•. `%G`K CQ .� �`rr4nuuNN ,1 RECEIVED DCM WILMINGTON, NC D, I, 07-08-2011 IIIlilllllllll IIIII�IIIIIiI�I11IIIIII a3114 t1314.1.0.34 nc 35PROP Brunswick County, M istor of Dseds pays 3 of 3 Exhibit A Exceptions 1. Brunswick County Property taxes for the year 2011. 2. Matters shown on the survey map recorded in Map Book 34, Page 366, Brunswick County Registry. 3. Lands tying below the mean high water mark. 4. Utility Easement recorded in Book 1369, Page 727. 5. Temporary Deed of Easement recorded in Book 2322 at Page 1152. 6. Right of Way for Sunset Boulevard and SR 1172. 7. Rights of others thereto entitled in and to the continued uninterrupted flow of Mary's Creek. 8. Right of Way in favor of the State and/or Federal Government for Atlantic Intracoastal Waterway, if any. 9. Utility Easements of Record. RECEIVED DEC. 2 3 9nra DCM-MHD CITY RECEIVED DCM WILMINGTON, NC ;i'"I, )"i'),01'i 2. Article Number ■ Complete items 1, 2, and 3. Also complete item 4 if Reshicted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you.�G — ■ Attach this card to the back of the 'II or on the front if space permits. \ "' 1. Article Addressed to: .P ❑ Agent ❑ Addm C. address different from item 1? 90 YeS ter delivery address below: ❑ No StRhSCT 106 S eType t ertifed Mail° ❑ Priority Mall Express'" �S P S Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Adicle Number 7014 1 (rmnsfer from service label) 9.20 0001 2827 2803 Ps Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete hem 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to IRor,&O 4 6& rn ce_ Qc�n 395Q Hakim RC11 SVj slr,<<D+Fe l Nc asp s-%� 2. Article Number (rfansfer from service label) PS Form 3811, February 2004 B. moved by (Printed Name) I C. Date of Delivery D. Is delivery address tlttferent from aem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ice Type Certifled Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Fxta Fee) ❑ Yes 7008 3230 0003 3918 6643 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that wu can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to:/ J646 TuecL 3/0 &11 jleac�h 'A4 sari specs, f Nc, gift` (be 3. Service Type )(Certified Mail' ❑ Priority Mail Express- 0 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 7014 1820 0001 2827 2797 J-02-M-1540 A. B. 0, C. D)i of De. D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No RECEIVED DEr. 2.9 2014 DCM-MHD CITY RECEIVED DCM WILMING ON, NC DEC 15 209 PS Form I aury zu tJ Domestic Return Receipt Issued by WiRO SB #13-14 Sunset Beach Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management' Issuea to I own or Sunset beach, authorizing development In the Estuarine Shoreline (ES) at 206 Sunset Boulevard North, east of the intersection of Sunset Blvd. and Shoreline Drive, adjacent to Mary's Creek and AIWW, in Sunset Beach, Brunswick County. This permit, issued on September 19, 2013, is subject to compliance with the application and site drawings (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: construction of a multi -use town park consisting of a pervious concrete walking trail, wooden slatted boardwalk walking trails, an observation deck (not to exceed 200 sq ft), three educational kiosks, a restroom building, a gazebo, and a pervious concrete parking area. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on September 5, 2013. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re- evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at (910) 796-7215 for a final inspection at completion of work. 2FCF vCD (Additional Permit Conditions on Page 2) DEr 2 .171114 DCM-MHD CITY This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. A.II work must cease when this permit expires on: December 31, 2016 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances, This permit may not be transferred to another party without the written approval of the Division of Coastal Management. olley Snider 0 Representative , :�EX 127 Cardinal Drive, F Wi4mington, NC 05-3845 2m ., ..� o0 RMITTEE Z a (Signature required f conditions above apply to permit) Name: Town of Sunset Beach Minor Permit # 13-14 Date: September 19, 2013 Page 2 (5) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. (6) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and mulched) within 14 days of construction completion. (7) All other disturbed areas shall be vegetatatively stabilized (planted and mulched) within 14 days of construction completion. (8) The amount of impervious surface shall not exceed 30% of the lot area within 75 feet of normal high water (Estuarine Shoreline Area of Environmental Concern), in this case, 9,093 square feet is authorized. (9) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all developmenticonstruction shall be located a distance of 30 feet landward of normal high water. SIGNATURE: ��d�t�l�l "" �2't" DATE %— 30 PERrIE RECEIVED DEC 2 A 70f1 DCM-MHDCITY ;�t;L`IW�T1l DCM'` vfL%RNGTOW, NC DEC 0 9 Z014 N EEIR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary AGENT AUTHORIZATION FORM Date: lag' l0 ' 401/ Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: To l.)n O F s o n s e-t 'Beach Troy Beasley — Withers & Ravenel Owner's Mailing Address: 700 SunScL i3elgch Suss� &0 h . r1c z 91fn Email:. rp a rkelf e crime, rna t Phone 1410) 3q8 �i9,j Agent's Mailing Address: 1410 Commonwealth Drive Wilmington NC 28403 Email: tbeasfevCawvithersravenel.com Phone (910)509-6512 I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for, and obtaining all CAMA Permits necessary to install or construct the following (activity): Sunset Beach Town Park For my property located at 206 Sunset Blvd N., adiacent to Mary's Creek and the ICWW in Sunset Beach Brunswick County, NC. This certification is valid 1 year from (date) 0/5 RECEIVED DCM WILMINGTON, NC ia-io-aa��l DEC 1 0 2614 RECEIVED Property Owner Signature Date DEC 2 3 2014 N.C. Division of Coastal Management 127 cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910-395-3964 Internet: www.rtccDartalmanagement.net An Equd OppwW* \Aarmabm Arbon EnV"r T'd b9EMEZ3TGT:01 0b8T6LS0T6 U38 13SNiiIS Nh101:1406d d92:VO UT02-0T-030 WITHERS �, RAVENEL rNGNFFRS PIANNIR`. ',I R•.1 Y�IRti AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Owner, Town of Sunset Beach (Client) does hereby appoint Troy Beasley / Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and/or: b) preparation and submittal of appropriate environmental permit applications/requests for the Sunset Beach Town Park oroiect . The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials, (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Date: k4j 3 Agent's Name, Address & Telephone: Signature of Client: 1' 1- 1 Troy Beasley / Withers & Ravenel. Inc. l9Ai�1 ��A(Z iez Qcifh,rllS � (N me - Print (Title) 1410 Commonwealth Drive. Suite 101 j 7 � Wilminaton, NC 28403 ��1 (Signature) I Tel. (910) 256-9277 1� !(Sun5J JELL NL, t� Mailing Address 5JC56 NC asq(o8 City State Zip Phone: 1 �C) 5"fi (oaq`l Email: gzkez C01 . RECEIVED DEC 2 S nu DCM-MHD Clry 115 MacKenan Drive Cary, NC 27511 tel.: 919.469.3340 fax: 919.467-6008 www.withersravenet.com LicensTftEN2 1410 Commonwealth Drive Suite l0l Wilmington. NC 28403 tel: 910.256.9277 fax: 910.2"%ILMINGTON, NC 7011 Albert Pick Road Suite G Greensboro, NC 27409 tel: 336.605.3009 fax: 919.467.6008 DEC 0 9 2014 Pat McCror Governor Name of P Town of St Owner's M 700 Sunset Sunset Bea Email: srea Phone 91( NCDENR North Carolina Department of Environment and Natural Resources John E. Skvarla, III Secretary AGENT AUTHORIZATION FORM Date: 12-15-2014 Owner Applying for Permit Name of Authorized Agent for this project, Beach Troy Beasley Withers & Ravenel ng Address: Agent's Mailing Address: utevard North 1410 Commonwealth Drive NC 28468 Suite 101 Wilmington, NC 28403 rQ&tmc.aet Email: tbeasley@withersravenel.com 9.6297 Phone 910 509-6512 I certify tha I have authorized the agent listed above to act on my behalf, for the purpose of applying for, and ob airing all CAMA Permits necessary to install or construct the following (activity): For my property located at 206 Sunset Blvd N., adiacent to Mary's Creek and the ICWW in Sunset This certification is valid 1 year from (date) 12-15-2015 RECl DEC 2 3 2014 DCM-MHD CITY /a-is`-zoic( Property Owner Signature Date DCM WIILM NG a ON, NC N.C. Division of Coastal Management 127 Cardinal Drire Ext., Wilmington, NC 20405 DEC 16 2014 Phone:910-796-72151 FAX 91D-395-3964 Internet: www.nccoastalmanaQement.net An EQ,4 Opp,wb %Af .*" Mien Crlporn T'd 68S29S20TST:01 068%) SOTS C38 13SNnS NMI l OT02-ST-33C WITHERS �` RAVENEL ENGINEERS PLANNERS SURVEYORS December 15, 2014 NC Division of Coastal Management — Wilmington Office Attn: Holley Snider 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Sunset Beach Town Park— CAMA Major Permit Application Sunset Beach, Brunswick County Submittal of Requested Information/Plans Ms. Snider, This letter is in response to your email, dated 12/9/14, requesting additional information for the review of the CAMA Major Permit application for the Sunset Beach Town Park project in Sunset Beach, Brunswick County. Below are the responses to the items addressed in your email. • Please mail the certified mail receipts (green cards) from the adjacent riparian property owners. The original certified mail receipts have been enclosed with this letter. • Updated Agent Authorization Form signed by both parties. The executed Agent Authorization Form has been enclosed with this letter. • The drawing Sheet C2.0 shows the access at the shoreline on the Mary's Creek side where once a pier was proposed Please clarify if this remains part of the proposal. The access to the previously proposed pier location was an error, and is not part of this proposal. This access has been removed from the enclosed plans. • Also, a notation on Sheet C2.0 indicates an existing beach access. Clam is this should remain. The beach access referenced on Sheet C2.0 is an unimproved, pedestrian access that has existed for years. This access shall remain as an unimproved pedestrian access, and has been noted as such in the enclosed plans. However, since there are no proposed improvements to the pedestrian beach access (i.e. a boardwalk or walking trail), and it will continue to exist in its current state, it is not considered part of this proposal. • /f the to -scale drawings are larger than llxl7, you will need to submit 17 copies of the large drawings (Sheet C1.0 and C2.0 only. As requested, 27 copies of Sheets C 1.0 and C2.0 have been provided with this letter. I believe that this letter and enclosed items will complete the application based on your email. Please let me know if you require any additional information or have any questions. Thanks for your help with this project. Troy Beasley WITHERS & RAVENEL, INC. RECEIVED DEC 2 3 209 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584DEC 16 2014 www.withersravenel.com I License No. C-0832 WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS 1410 COMMONWEALTH DRIVE, SUITE lot WILMINGTON, NORTH CAROLINA. 28403 (910)256-9277 FAX (910) 256-2584 TO: NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NN 284o5 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter DATE 12/15/14 106 No. 02130217.00 1 ATTENnoN Ms. Holley Snider PHONE# io- 6-7z1 RE-. Sunset Beach Town Park CAMA Major Permit Application — Add Info Submital ® Attached ❑ Under separate cover via ❑ Prints ❑ Plans ❑ Samples ❑ Change order ❑ Diskette ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 1 12/15/14 02130217.00 Additional Information Submittal Letter 1 12/15/14 021 021 .00 Signed Certified Mail Receipts from Ad' Property Owners 1 12/15/14 02130217.00 Signed Agent Authorization Form 27 02130217.00 Sheet Ci.o & Revised Sheet C2.0 THESE ARE TRANSMITTED as checked below: E For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return _ corrected prints RECEIVED G Date: RE V E 1V-MHD CITY COPYTO: File SIGNED: Troy Beasley DCM WILMINGTON, NC ffenc%soresamnotasnoted, kindly no* usatonce. DEC 16 2014 WITHERS & RAVENEL LE -Tr R(i)HPAR, VAIMIAL ENGINEERS I PLANNERS 1 SURVEYORS 1410 COMMONWEALTH DRIVE, SUITE Iol WILMINGTON, NORTH CAROLINA, 28403 (910)256-9277 FAX (920) 256-2584 TO: NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NN 28405 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter DATE 12/ /1 IOB NO. 021 0217.00 ATTENTION Ms. Holley Snider PHONEa 10- 6- 21 RE` Sunset Beach Town Park CAMA Major Permit Application Submittal ® Attached ❑ Underseparate cover via ❑ Prints ❑ Plans ❑ Change order ❑ Diskette El ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 1 12/9/14 02130217.00 Sunset Beach Town Park CAMAAMem Permit Application 1 12/9/14 021 021 -00 Check for $ oo Application Fee THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: ❑ Resubmit copies for approval ❑Submit copies for distribution ❑ Return corrected prints RECEIVED A A 71114 v.�nn-ImPF1 PITW Signature: Date: COPYTO: File LU14 SIGNED: Troy Beasley DCM WILMINGTON, NC ifenciosures are notas noted, kindly nodfyus at once. DEC 092014, WITHERS RAVENEL E NCI NEERS I PLANNERS ISURVEYORS MEMORANDUM TO: Holley Snider — NC Division of Coastal Management FROM: Troy Beasley DATE: December 9, 2014 PROJECT: Sunset Beach Town Park SUBJECT: Submittal of CAMA Major Permit Application Holley, Enclosed is 1 complete copy of the CAMA Major Development Permit application for the Sunset Beach Town Park project. Once you have reviewed the application and determined whether or not any revisions or additional information is needed, I will provide the entire 26 copies of the application. Thanks for your help and please let me know if you have any questions. Withers & Ravenel RECFIVED DEC 2 V 1014 DCM-MMJ e!1Y RECEIVED DCM WILMINGTON, NC 1410 Commonwealth Drive I Suite ioi I Wilmington, NC 284031 tel: 910.256.9277 1 fax: 910.256.25841 www•withersraveik" 9 2014