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HomeMy WebLinkAbout143-15EMERGENCY Sunset Motorsports LLCi .` Permit Class' EMERGENCY Permit Number 143-15 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Sunset Motorsports LLC 1350 Hickman Rd NW Calabash NC 28467 Authorizing development in Brunswick County at adi. to Old Sound Creek, at 24 Causeway Drive Ocean Isle Beach , as requested in the permittee's application dated ' 12/3/15 (MP-1) and 12/2/15 (MP-2) incl attached workplan drawing Cl dated 12/4/15 This permit, issued on December 15, 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 ie subject to tines, imprisonment or civil action; or may cause me permit to oe nuu ano vow. Bulkhead 1) The bulkhead shall not extend waterward more than 4 feet from the base of the existing deteriorated bulkhead wall in front of the existing building, and no more than 2 feet waterward from the base of the existing deteriorated bulkhead wall in front of the existing parking lot at the time of construction. 2) The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction, (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton7C Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sunset Motorsports, LLC Permit lio. 143-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) Due to the fragile nature of the existing failing bulkhead, the permittee shall implement all appropriate measures to ensure that the construction of the new bulkhead does not lead to further failure of the existing bulkhead. 4) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 6) The bulkhead shall be constructed prior to any backfilling activities. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. 10) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) 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.). 13) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 14) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the area depicted on the attached workplan drawings. 15) 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. ' Sunset Motorsports, LLC Permit No.143-15 Page 3 of 3 ADDITIONAL CONDITIONS 16) Should there be a need to cross existing Coastal Wetlands in order to access the project site, the permittee shall implement appropriate measures to ensure that damage to the Coastal Wetlands is minimized and avoided. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required,, including but not limited to any required authorizations from the N.C. Division of Water Resources or the U.S. Army Corps of Engineers. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-721 5 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DESIGN NARRATIVE 1. EXISTING CONDITIONS: The site at 24 Causeway Drive in Ocean Isle Beach consists of two adjacent lots on the Eastern Channel. The existing shoreline stabilization structure has failed and is in the process of collapsing. Both of the lots are zoned commercial the approximate areas are as follows: 6,420 SF (257DH01206) and 6,050 (257DH01210). The elevation of the property ranges from 4 feet to 10 feet NAVD88. The project is located in a VE High Hazard Flood Area. The current condition of the wooden bulkhead at this location requires emergency stabilization to protect the property as well as structures on the property. 2. PROPOSED DEVELOPMENT: The emergency stabilization will include installing 20 foot pilings on 5 foot centers, 4 feet water ward of the existing bulkhead. The proposed bulkhead is must be place 4 feet water ward of the existing bulkhead because the existing bulkhead is bulging as much as 3 feet in some locations, and due to the close proximity of the building, the wall cannot be pulled back. After the pilings are in place new 6-inch X 6-inch whalers will be installed. Helical anchors will be installed and attached to the new piling, then attached to the existing bulkhead and braced to the new pilings. At this time the vinyl sheeting can be put in place and necessary backfilling may occur. The new bulkhead will be approximately the same height as current bulkhead. After fill is place between the existing and the new bulkhead the ground surface will be vegetated. Material from the Ike Williamson permitted sand mine on Hale Swamp Road is expected to be required for fill material in addition to the existing material. The bulkhead will be constructed structurally tight to keep material on site. The purpose of the proposed bulkhead is to protect and stabilize the shore because the existing bulkhead is no longer stabilizing the embankment. F1r--- ✓EIVED DCM WILMINGTON, NO DEC o 4 2015 vl � 19M Mr-1 APPLICATION for NOW Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1 PnmaryApp6cant/Landowner%nforma6on �' ;r � -(if� ,h Business Name Project Proj c me applicable) Name Sunset Motorsports, Llc Century 21 Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City Stale 1350 Hickman Road NW Calabash NC ZIP Country Phone No. FAX No. 28467 USA 910 - 287 - 3051 ext. N/A - - . Street Address (6different from above) 7 City State ZIP Email 2 F'Ageit/Conbaetorinfonrlationry Business Name Cape Fear Engineering Agent/ Contractor 1: First Name MI Last Name Elizabeth M Nelson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box - City State 151 Poole Rd Suite 100 Belville NC ZIP Phone No. 1 Phone No. 2 28451 910 - 383 -1044 ext. ext. FAX No. Contractor # 910 383 1045 Street Address (if different from above) City State ZIP Email elizabeth.nelson@capefearengineering.com <Form continues on back> RECEIVED RECEIVED DCM WILMINGTON, NCDCM WILMINGTON, NC 252-808-2808 :: 11-888-4RCOAST :: www. necoasta l management. net fvv Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit _3 Pio�ect Loca$on - - County (can be multiple) Street Address State Rd. # Brunswick 24 Causeway Drive Subdivision Name City State zip N/A Ocean Isle Beach NC 28469 - Phone No. Lot No.(s) (rfmany, attach additional page with list) ext. N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber River 0�5bvw& ci-wu c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Town of Ocean Isle Beach ;4 Site !)eScnp4on�' 13j• r n."1 r' °M'f [� t ' t �.s !. r a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) ' 100 LF 12,470 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wateo or 6,420 SF, 6,050 SF, NWL (normal water leveo (If many lot sizes, please attach additional page with a list) 10.0 ®NHW or ❑NWL e. Vegetation on tract ' Upland Grass and Coastal Marsh Grass f. Man-made features and uses now on tract Commercial Use, Bulkhead, Building and Parking Area g. Identify and describe the existing land uses adiacent to the proposed project site. Commercial h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? C-2, Commercial Buisness District (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Fonn continues on next page> RECEIVED DCM WILMINGTON, NC DEC 0 4 2015 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No (III) 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. Municipal Sewer, Ocean Isle Beach o. Describe existing drinking water supply source. Town of Ocean Isle Beach p. Describe existing storm water management or treatment systems. The existing stormwater is carded offsite by sheet flow and no other systems are necessary 5 �IcbfiLes and/mpacts , `: r a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government a ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Commercial use and shoreline stabilization c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Bulkhead will be constructed structurally tight before fill material is placed. Excavator will be used for construction. All equipment will be stored on site. d. List all development activities you propose. Construction of new bulkhead in front of existing bulkhead. Existing bulkhead to remain. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What Is the approximate total disturbed land area resulting from the proposed project? 400 ®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. Stormwater will sheet flow L Will wastewater or stonmwater 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 <Form continues on back> DCM WILMINGTON, NC DEC 0 4 2015 252-808-2808 :: 1-888-41111 :: www.necoastalmanagement.net V^ Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6 Additional /reformation to addrbon to thjs completed appkcatitin form (MR-1) the folloMng items below 6appfig' a must be submdted m order farthe apphcabon package to,be complete�:;Jtems (a) =;(t) are always applicable to.any major Beveloprrment applmatiori Please consult the apphca6pn k, mshuctron booklet on how td'properlg y pmpare the iewred items below - a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. y,Name Vrgma Alma Wilhamsonl'rustee and OIB Holdings LLC ' e "' yk Phone No s _ Address 2 Causeway Dmra, Ocean Isle Beapti' NC 26469 r: .i Name Sloane Realty of Ocean Isle Beach, Debbie Smith Phone No. Address 16 Causeway Rd, Ocean Isle Beach, NC 28469 _ .-.- � Name � � - -'r Phone No ; 1 € Address y g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. General permit for bulkhead and boat ramps N01 filed with NCDENR h. Signed consultant or agent authorization form, if applicable. 1. 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. 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 l�-� 43 �I S Print Name .514Zt&"W1 lV4SN��f{G�iJ% Y Signature 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 ❑DCM MP-4 Structures Information RECEIVE® DCM WILMINGTON, NC DEC 0 4 2015 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net w�_ Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg. Existing Depth Final Project z NA -NA Depth v a. cubic yards. or c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2 '.DISPOSAL OP DCCAVATED MATERIAL r a. Location of disposal area. c. (I) Do you claim title to disposal area? []Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW [_]SAV ❑SB OWL []None (ii) Describe the purpose of disposal in these areas: be excavated. d. High -ground excavation in cubic yards. b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (ii) If yes, where? f. (1) Does the disposal include any area in the water? []Yes ❑No ❑NA (i) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC DEC 0 4 2016 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3 ,SHORECINESTABIUZATIQN4 ': > L]T►irssectionnotapplrcable; ," `use 4' (If devefopmentrs a,wood gran MP 4 S6ucfines) ,'_ f ? a. Tvoe of shoreline stabilization: b. Length: 10 ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. _ Width: 1' c. Average distance waterward of NHW or NWL: 4' d. Maximum distance waterward of NHW or NWL: 4' e. Type of stabilization material Wood/Vinyl g. Number of square feet of rill to be placed below water level. Bulkhead backfill 400 Riprap 0 Breakwater/Sill 0 Other 0 I. Source of fill material. Ike Williamson Sand Mine on Hale Swamp Road a. If yes, (ii) Amount of material to be placed in the water (Ili) Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? Bulkhead to be constructed structurally tight, before backfilling c. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what Type and how they will be implemented. n/a f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. WA h. Type of fill material. Clean sand / dirt b. (1) Will fill material be placed in coastal wetlands/marsh (GVV), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL []None (i) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Excavator d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. n/a DCM WILMINGTON, NC 252.808.2808 :: 1.88B-4RCOAST :: www.necoastaimananement.net revised: 12/26/06 DCM Coordinator: e-C.,)ry-S Permit#: MAILING DISTRIBUTION SHEET Permitee: kko-Ip,C5 27-1K L�L-!' - DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington C� US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Liz Hare Cultural Resources: �ene�Gledhill-Earl Public Water Supply: rane Williams O) Joey White (WARD) DCM/ Shane Staples Fisheries Specialist -h=99 NC DOT: Pa DMF/ Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: DEMLR Washington: Wilmington: Wildlife Resources: LPO: Fax Distribution: Patti Fowler on e Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarbraugh-401 Joanne Steenhuis - 401 �d"Cov O Scott Vinson-Stormwater q!!!gLette 3cott- Storm—;0ater Permitee Agent #:_ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Sunset Motorsports, LLC dba McClure Realty COUNTY: Brunswick PROJECT NAME: Emergency Bulkhead Permit LOCATION OF PROJECT: 24 Causeway Dr., adjacent to Old Sound Creek IAIWW, in Ocean Isle Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-4-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Snider r DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: N/A ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 2ti(b tM� - MAIL OUT DATE:12-8-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400,/#214/p END OF NOTICE FATE: N/A DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management- Regional Representative Coastal Management- LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers MAJOR PERMIT FEE SCHEDULE 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 A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be a lied: $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 DENR CAMA Date Received 11/12/2015 Jill 015 11/122015 11/122015 Daily Check Date Deposits of 11/13/15 11/13/15 11/13/15 11113I75 Log for WIRO Check From (Name) Allied Marne Contractors LLC Richardson Construction Carolina Marine Construction Inc Clements Marine Construction Inc City of Wilmington Etluardo San Miguel Chores a Linda Honda Carolina Coast Contracting. Coastal Land Design Allied Marine Contractors LLC Chad" Riggs 8 Assoc. Name of Permit Holder Scott Tucker Brian Hermann Federal Point Yacht Club Ray Slto same same same 470 Anderson. LLC James Taggart Hays Lambert Michael & Becky Steed Vendor B of A BB 8T First Bank First Citizens Bank BofA PNC Bank Navy Federal Credit Union B a A B of A B of A First Citizens Bank First Citizens Bank N0M Slate Bank First Citizens Bank First Chime Bank BB aT BB a Wells Fargo Bank First Federal Coastal Bank antl Trust BB &T CraaCom Bank BB 8T Coming Federal Credlt Union Wells Fargo Bank MO BB 8T CreaCom Bank USAA Fed I Savings Bank Wells Fargo Bank B of A B of A Wells Fargo First Citizens Bank BB 8.T Crescom Berk Wells Fargo Bank NoM State Benk First Citizens Bank PNC Bank B of A NBSC Syrwvus Benk First Caizena Bank BB 87 Check Number 7809 6162 9922 3957 924120 1007 4012 7000 5123 7996 14263 14255 1563 14264 1103 742787 18168 5918342D955 9640 992 1367 2303 1000 1238 17-269805108 11712 2195 2889 3571 4004 4008 1147 Bel 1750 4085 20559 3389 13958 4021 8049 1667 198 Check amount Permit NumbalCommerntr E200.00 GP 88192D $200.00 GP 661870 $400.00 major fee, 910 Basin Road, CS NHCo $250.00 major fee, 452 Caueswey Dr, WB NHCo E100.00 renewal tee, MP 81-12 $600.00 GP 66197D $600.00 GP 551150 E100.00 mina fee, 179 Topsail Roan, NTB Ons.Co E700.00 minor fee, 230 N. Anderson Blvd. TB PN E200.00 GP 88215D $100.00 minor fee, 135 Soundview, Hampot PN $100.00 mina fee, 111 Pennuda Wynd NTB One $100.00 1 minor fee, 4110 Island Dr. NTB One E1D0.00 minor foe, 814 Hampton,corry Cir NTB On $538.00 NOV 15-18D, $250. $250, E38 5400.00 GP 852190 E200.00 GP 86218D $200.00 GP 86217D E400.00 GP 66218D E100.00 mina fee, S. Lloyd Lt 19 The PeninsulaSC/P $600.00 GP 66170D $200.00 GP 66172D E400.00 GP 8 E200.00 GP 88=1) 220D E2DO.DO GP S8221D $400.00 GP 66173D $400.00 GP 66174D transfer fee, MP 4-05 E100.01 trans E250.00 major tee, 914 Santa Maria Ave, Wilm NHCo $600.00 GP 66190D E2DO.00 GP 66114D $100.00 mod fee, MP 47-07 $100.00 mina fee, 1 .67 New River Inlet Rd, NTB On $800.00 GP 66222D @E200 GP 66223D QE400 E100.00 minor fee, Caswell Beach 15-06 i250.uu major fee, 712 Waynick BNtl WB NHCo E700.o0'minor fee, 840 Hampton Colony Cit. NTB On a E25000_major fee, 2309 Middle Sound Loop Rd NHS E1000a mod fee, MP 132-96 E200.00_GP 68214D E700.00 renewal fee, MP 06-10 00_ minor fee, Lot 22 Atkinson Rd Surf City PN E400. 0 major fee, 24 Causeway Dr. 10B BR Receiptw M not. 4tnlloeated TM rcl 0 441 D TM rot. 0440D RM rct 0381 D RM roL 0379D RMrc10380D JD rc[ 1054D JD not. 1 ! JD rot 1056D JD1057D JD roG 1058D JD rcl 1083D JD ra 1062D JD not, 1061D JD rot 1058D TM rcl 0435D Jill 015 11l722015 Jill 015 11/132015 11/13I2015 11116=15 11115=15 11/13/15 11/13/15 11/13/15 11/16/15 11/18/15 11/16/15 11/17/15 11116/2015 11/1WMJ5 11/15/2015 11116=15 11/17/2015 11/17/2015 11/17/2015 11/17/2015 11/172015 11202015 11/20/2015 11/20/2015 112012015 1112 015 11/2 015 11/17/15 11/17115 11/17/15 11/17/15 11/17/15 11/17/15 11/17/15 11/17/15 11/17/15 112M15 11/24/15 11124/15 11/24/15 1124/15 1124/15 Charles Riggs 6 Assoc. St Moritz HOA Inc Charles Riggs 8 Assoc. Sunset Dock Assoc County of Brunswick Benjamin Spence Albright Money Order from Brandon Grimes Southeastem Co_estal Canstwctla i Co Lee Thornton HS Con_sWction LLC Holden Docks 6 Bulkheads Frederick H. Kart Logan Marine LLC Money Order from Dixon Broadfoot Mike Milligan Painting Sandy Feet, LLC same Dennis & Mary Backer (Basked) seine same same Chds Lutledoah Robbie Brooks Lee Thornton Richard James Michael Huskey same SEL Property Investors LLC Burman Broadfoot George Garalis HS rcL 09980 HS rot 0894D JD not. 1084D JD rot 1055D JD not 1106D HS ML 0988 D HS not. 1DDOD 0 HS rot D RM rot 0382D TM ry10407DD a. HS rot 1277D RM rot 0364D RM M 0383D 11r2 15 11242015 11242015 11/2 015 11252015 11/90I2015 11/302015 11/30/2015 12/12015 12I12015 122/2015 12/3I2015 12I42015 12/42015 12l42015 1?l72015 12f72015 1124115 1125/15 1125115 1211116 12 /1H5 121/15 12/1/15 12/1115 1214115 12/4/15 1214/15 12/4/15 1214115 Maritime Coastal Constna5ion LLC Jill and Matthew Robinson Pippin Marine Construction LLC Antinon Construction Inc Antinori Construction Inc Deyo and Associatescoon LLC Ocean Blue Pools and Spas of NC David C. Winne, Jr Custom Island Homes by Kan Kh er LLC Coastal Marine Piers and Bulkheads LLC Carolina Sport Court LLC Clements Marine Construction Inc Coastal Construction 6 Consulting LLC Allied Marine Contractors LLC Seawatch at Sunset Harbor LLC Charles Riggs 6 Assoc. Sunset Group Inc Robert McCormack same Larry Warshaw Caroline Brinkley Glen Baxter same representing NC Stets Part Authority AI Weston Timothy Chase Jeff Carter Max Kohler Larry Funderburk Michael Moss Anthony Patterson Anchor Bentl Marvin Rozear Coastal Communities Inc. Gail Copland Sunael Mo[orsporta LLC JD not. IM70 JD rot 1068D RM Mt 0385D JD rcL 10690 RM not 0385D TM roL 0442D RM rct 03870 JD not 1070D HS rot. 1278D RM not 03BBD JD rct 1071 D HS rot 1279D JD dot 1282D HS rot 1280D LIN 0 Recommendations for State Permit —Sunset Motorsports d.b.a. McClure Realty It is the staffs recommendation that the applicant's proposal to install approximately 108 linear feet of bulkhead with approximately 400 square feet of coastal wetland fill and connecting to the existing adjacent bulkhead appears to be CONSISTENT with the Rules of 15 NCAC 71-1.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 71-1.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules,of 15 NCAC 71-1.0208 (b)(7) Use Standards for Bulkheads. In order to reduce impacts to coastal wetlands, the permit could be conditioned that the bulkhead alignment be staked and approved by a DCM Representative prior to the initiation of construction. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for bulkheads. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Sunset Motorsports, LLC dba McClure Realty 2. LOCATION OF PROJECT SITE: 24 Causeway Drive, Ocean Isle Beach, Brunswick County Photo Index - 2006: 1-6155, M-7, 8 2000: 1-8, L-8 1995: 1-8, M-4 State Plane Coordinates - X: 2170623.184 Y:51423.284 Lat: 33°53'23.8,V N Long: 78°26'16.36"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Was Applicant Present — 5. PROCESSING PROCEDURE: Application Received—12/04/15 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Ocean Isle Beach Land Classification From LUP— Commercial (C-2) (B) AEC(s) Involved: ES, CW, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment:Existing — Municipal Planned - None (F) Type of Structures: Existing —Commercial building, parking lot and bulkhead Planned -108 linear feet of new bulkhead (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh Low marsh 400 sq. ft. (B) Non -Vegetated Wetlands Open Water (C) Other 1,000 sq. ft. uplands (D) Total Area Disturbed: 2,000 sq. ft. (>0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is requesting an emergency permit to install approximately 108 linear feet of vinyl bulkhead and fill approximately 400 square feet of coastal wetlands. N M Sunset Motorsports d.b.a. McClure Realty Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 24 Causeway Drive, adjacent to Old Sound Creek in the Town of Ocean Isle Beach, Brunswick County. Directions from Highway 17 south of Shallotte:, travel south on US Highway 17 to Ocean Isle Beach Road SW. Turn left onto Ocean Isle Beach Road SW and travel approximately 4 miles to the Ocean Isle Beach high rise bridge. Cross the bridge. The project site will be the first building and parking area on the right side of the road, 24 Causeway Drive. The project site is a creek front lot that it comprised of two (2) parcels, each measuring approximately 50 feet in width by approximately 115 feet in depth. The elevation of the high ground area of the lot averages approximately 5 feet above normal high water (NHW). High ground vegetation consists of minimal lawn grasses, woody shrubs, and landscape vegetation. The majority of the high ground of the project site consists of impervious surfaces such as roof and parking surfaces. The shoreline of the property has been stabilized with a timber bulkhead. The existing bulkhead is showings signs of imminent failure, the timber support pilings have begun to split and the sheeting on the existing wall has begun to bulge. This failure can likely be attributed to recent excessive rainfall amounts and a build-up of hydrostatic pressure behind the wall (see attached letter from engineer Elizabeth Nelson). The existing commercial structure is approximately 1-2 feet from the bulkhead. Coastal Wetlands, consisting of Smooth Cordgrass (Spartina alterniflora) are present water ward of the bulkhead and measure approximately 15-20 feet in width. Normal High Water is present along the face of the bulkhead. The project site is bordered to the north by a Town Park, to the east by Causeway Drive, by a parking lot and commercial structure to the south and Old Sound Creek to the west. No known archaeological sites are within the project vicinity. The Ocean Isle Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Commercial. The waters of the Old Sound Creek are classified SA by the Division of Water Quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant is requesting an emergency permit to install approximately 108 linear feet of bulkhead and fill approximately 400 sq. ft. of coastal wetlands. The bulkhead backfill would consist of approximately 400 square feet of coastal wetlands, primarily Smooth Cord Grass (Spartina alterniflora), located below Normal High Water (NHW). As proposed, the bulkhead would be installed, on average, 4 feet water ward of the existing bulkhead. As proposed, the bulkhead alignment would be located 4 feet outboard of the adjacent bulkheads and would measure approximately 108 feet in length. The existing timber bulkhead would remain in place due to the proximity of the existing building. Land disturbance associated with the bulkhead construction would be minimal based on the use of a helical anchor system installed thru the proposed bulkhead. Sunset Motorsports d.b.a. McClure Realty Page Two 11. ANTICIPATED IMPACTS The proposed new bulkhead construction with associated backfill and tie back/anchor system would result in the filling of approximately 400 square feet of Coastal Wetlands and Estuarine Waters Areas of Environmental Concern. The bulkhead backfill would consist of approximately 400 square feet of coastal wetlands, primarily Smooth Cord Grass (Sportino olterniflora), located below NHW. The proposed bulkhead construction would result in the minimal high ground land disturbance. Submitted by: Holley Snider Date: December 8, 2015 Office: Wilmington Permit Glass EMERGENCY Permit Number 143-15 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Sunset Motorsports LLC 1350 Hickman Rd NW Calabash, NC 28467 Authorizing development in Brunswick County at adi. to Old Sound Creek, at 24 Causeway Drive Ocean Isle Beach , as requested in the permittee's application dated 12/3/15(MP-1) and 12/2/15 (MP-2) incl attached workplan drawing C 1 dated 12/4/15 This permit, issued on December 15, 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. Bulkhead 1) The bulkhead shall not extend waterward more than 4 feet from the base of the existing deteriorated bulkhead wall in front of the existing building, and no more than 2 feet waterward from the base of the existing deteriorated bulkhead wall in front of the existing parking lot at the time of construction. 2) The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the. permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. V �jLvl BraxtorOC Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sunset Motorsports, LLC Permit No. 143-15 ' Page 2 of 3 ADDITIONAL CONDITIONS 3) Due to the fragile nature of the existing failing bulkhead, the permittee shall implement all appropriate measures to ensure that the construction of the new bulkhead does not lead to further failure of the existing bulkhead. 4) No backfill material shall be placed within 30 feet of the normal high water line, except that which will 'be used to backfill the area behind the permitted bulkhead. 5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 6) The bulkhead shall be constructed prior to any backfilling activities. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. 10) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) 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.). 13) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any, phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfrlling activities. General 14) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the area depicted on the 'attached workplan drawings. 15) 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. SunsetMotorsports, LLC Permit No. 143-15 Page 3 of 3 ADDITIONAL CONDITIONS 16) Should there be a need to cross existing Coastal Wetlands in order to access the project site, the perm ittee shall implement appropriate measures to ensure that damage to the Coastal Wetlands is minimized and avoided. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required,, including but not limited to any required authorizations from the N.C. Division of Water Resources or the U.S. Army Corps of Engineers. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. I DESIGN NARRATIVE 1. EXISTING CONDITIONS: The site at 24 Causeway Drive in Ocean Isle Beach consists of two adjacent lots on the Eastern Channel. The existing shoreline stabilization structure has failed and is in the process of collapsing. Both of the lots are zoned commercial the approximate areas are as follows: 6,420 SF (257DH01206) and 6,050 (257DH01210). The elevation of the property ranges from 4 feet to 10 feet NAVD88. The project is located in a VE High Hazard Flood Area. The current condition of the wooden bulkhead at this location requires emergency stabilization to protect the property as well as structures on the property. The emergency stabilization will include installing 20 foot pilings on 5 foot centers, 4 feet water ward of the existing bulkhead. The proposed bulkhead is must be place 4 feet water ward of the existing bulkhead because the existing bulkhead is bulging as much as 3 feet in some locations, and due to the close proximity of the building, the wall cannot be pulled back. After the pilings are in place new 6-inch X 6-inch whalers will be installed. Helical anchors will be installed and attached to the new piling, then attached to the existing bulkhead and braced to the new pilings. At this time the vinyl sheeting can be put in place and necessary backfilling may occur. The new bulkhead will be approximately the same height as current bulkhead. After fill is place between the existing and the new bulkhead the ground surface will be vegetated. Material from the Ike Williamson permitted sand mine on Hale Swamp Road is expected to be required for fill material in addition to the existing material. The bulkhead will be constructed structurally tight to keep material on site. The purpose of the proposed bulkhead is to protect and stabilize the shore because the existing bulkhead is no longer stabilizing the embankment. RECEIVED DCM WILMINGTON, NC DEC 0 4 2015 9CM MP-1 APPLICATION for Major Development Permit (last revised 12 27'06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicand Landowner Information Business Name Sunset Motorsports, Llc Project Name (if applicable) Century 21 Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1350 Hickman Road NW PO Box City Calabash state NC ZIP 28467 Country USA Phone No. 910 - 287 - 3051 ext. FAX No. N/A - - Street Address (if different from above) City State ZIP Email 2. AgwWContractor Information Business Name Cape Fear Engineering Agent/ Contractor 1: First Name MI Last Name Elizabeth M Nelson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 151 Poole Rd Suite 100 Belville NC ZIP Phone No. 1 Phone No. 2 28451 910 - 383 -1044 ext. ext. FAX No. Contractor # 910 383 1045 Street Address (if different from above) City State ZIP Email elizabeth.nelson@capefearengineering.com <Form continues on back> RECEIVED RECEIVED 0C,M WILMINGTON, NCDCM WILMINGTON, NC iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilliillIaI i i I i I I rI I I I I I 1 . I raj ,� 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Nz- Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 24 Causeway Drive Subdivision Name City State Zip N/A Ocean Isle Beach NC 28469 - Phone No. Lot No.(s) (d many, attach additional page with list) ext. N/A, I , a. In which NC river basin is the project located? It. Name of body of water nearest to proposed project"' Lumber River "Eaateln-6bawwF- s tqw& i w c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Ocean Isle Beach 4X S& t1?GW*6M a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 100 LF 12,470 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 6,420 SF, 6,050 SF, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 10.0 ONHW or ❑NWL e. Vegetation on trail Upland Grass and Coastal Marsh Grass f. Man-made features and uses now on tract Commercial Use, Bulkhead, Building and Parking Area g. Identity and describe the existing land uses adlaoent to the proposed project site. Commercial h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? C-2, Commercial Buisness District (Attach zoning compliance certificate, lt applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does lt involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NO C 0 4 2015 252-808-2808 :: 1-888-4RCOAST :: www. nccoastal management. net im Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? SYes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes SNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal Sewer, Ocean Isle Beach o. Describe existing drinking water supply source. Town of Ocean Isle Beach p. Describe existing stone water management or treatment systems. The existing stormwater is carried offsite by sheet flow and no other systems are necessary & Activities and Impacts a. Will the project be for commercial, public, or private use? SCommercial ❑PublictGovemmem ❑Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. Commercial use and shoreline stabilization c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Bulkhead will be constructed structurally tight before fill material is placed. Excavator will be used for construction. All equipment will be stored on site. d. List all development activities you propose. Construction of new bulkhead in front of existing bulkhead. Existing bulkhead to remain. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 400 SSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Stormwater will sheet flow i. Will wastewater or stomtwater be discharged into a wetland? ❑Yes []No SNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No SNA j. Is there any mitigation proposed? ❑Yes SNo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NC DEC 0 4 2015 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 31 6. Additionallnformation 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) — (1) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Virgina Alma Williamson Tmstee and OIB Holdings LLC Phone No. Address 2 Causeway Drive, Ocean Isle Beach, NC 28469 Name Sloane Realty of Ocean Isle Beach, Debbie Smith Phone No. Address 16 Causeway Rd, Ocean Isle Beach, NC 28469 Nerrte Plane No. /lddress g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. General permit for bulkhead and boat ramps NOI filed with NCDENR It. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) it. 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 ___1 I understand that any permit issued in response to this application will allow only the 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 l3-f , Print Name E47AA&V71 E4S�ACCA 7_ Signature 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 ❑DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC n F C 042015 252-808-2808 .. 1-888-4RCOAST ., www.nccoastaimanagement.net tr- Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-t. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rook Groin Rock (excluding (NLW or Breakwater shoreline NWLT stabilization Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA III) If yes, where? (i) Does the disposal include any area in the water? [-]Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC DEC 0 4 2015 252-808-2808 :: 1-888-4RCOA5T :: www. nccoa stalmanagement. net revised: 12/26/06 F'orlll DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use W-4 — Stnrchwes) a. Type of shoreline stabilization: b. Length: 10 ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 1' c. Average distance watelward of NHW or NWL: 4' d. Maximum distance waterward of NHW or NWL. 4' e. Type of stabilization material: WoodNinyl g. Number of square feet of fill to be placed below water level. Bulkhead badrfill 4400 Riprap Q Breakwater/Sill 0 Other 0 I. Source of fill material. Ike Williamson Sand Mine on Hale Swamp Road f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ONO ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. N/A h. Type of fill material. Clean sand / dirt 4. OTHER FILL ACTIMES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, III) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? Bulkhead to be constructed structurally tight, before backfilling c. (i) Will navigational aids be required as a result of the project? ❑Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. n/a submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL []None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Excavator d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ONO []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. n/a December 2, 2015 Gregory S. Gore / Elizabeth Nelson Agent Date Applicant Name Applican gn ture Project Name RECEIVED ` A WILMINGTON, NC 252-808-2808 :: t-888-4RCOAST:: www.nccoastalmanaaement.net revised: 12/26/06 Coastal Management ENVIRONMENTAL OUALITV December 17, 2015 Sunset Motorsports, LLC 1350 Hickman Rd. NW Calabash, N.C. 28467 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dlrech,r The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, 4 O I/ lAW- Douglas V. Haggett Major Permits and Consistency Manager N.C. Division of Coastal Management Nothing Compares_ State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date December 2, 2015 Name of Property Owner Applying for Permit: Sunset Motorsports, LLC Mailing Address: I certify that I have authorized (agent) ELIZABETH M NELSON, PE to act on my CAPE FEAR ENGINEERING behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) BULKHEAD REPAIR , at (my property located at) 24 Causeway Drive, Ocean Isle Beach, NC 28469 This certification is valid thru (date) 12/31/16 GrePory S. Gore. Managino Member X'2-3- 15 Owner Date RECEIVED DCM WILMINGTON, NC DEC 0 4 2015 tt c Ill�l ick CillilllllNC Register s paW f a erursuick Lanty, NC ReglaNr of Heeds page { of a er"A R. Cleanses Ragiater of heeds 12-05-2012 15: 25:02.0a0 0runuiek County, NC NC REVENUE STPW Pass," (aa26a59) PRaer:pr /� . I pGCQ 3Tntal� nt u , o Gks a Refund ofadpnat r70:cmrntmiFas vJlsmrAal eyal�yl r:: � ...ladlfisc3n.nt to nYn✓dx.�ar�iM, SPECIAL WARRANTY DE -'P a4,7 DHo 11-10 STATE OF NORTH CAROLINA ParcEq # F- D(-0V4(r COUNTY OF BRUNSWICK Revenue Stamps$ a� % CO— (yA THIS DEED, made this 7 day of December, 2012, by and between Security Savings Bank, SSB, a North Carolina banking corporation, P. O. Box 10069, Southport, North Carolina 28461, hereinafter whether one or more, referred toas "GRANTOR;' and Sunset Motorsports, LLC. 1350 Hickman Road NW, Calabash, North Carolina 28467, hereinafter, whether one or more, referred :o 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 sloes grant, bargain, sell and convey unto the Grantee in fee simple all of these certain lots or parcels of land situated m Brunswick County, North Carolina, more particularly described as follows. SEE Exhibit A attached hereto and incorporated herein by reference. For back reference see Book 3319 Page 880 of the Brunswick County Registry. This property does not include the primary residence of the Granter. This deed prepared by Michael R. Isenberg, a licensed North Carolina attorney. Delinquent (at", if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement arclosing proceeds. Prepared by Michael R. Isenberg, Attorney at Law P. O. Box 11028, Southport, NC 28461 WftxA Opinion on Title RECEIVED DCM WILMINGTON, NC DEC 0 4 2015 c.k" g�r�.t.� oB3343 P10eds 06 , 3' TO HAVE AND TO HOLD said Ids or parcels of land, and all privileges and appurtenances thereto belonging, to the Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor has done nothing to impair such btle as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor. IN WITNESS WHEREOF, the Grantor, by authority duly given, has hereunto executed this deed the day and year first above written. Seour-. � Savings Bank, 6 (SEAL) By Its - STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, P a Notary Public in and for the state and county aforesaid, do hereby certify that Eof 4 cersonaly came before me this day and acknowledged that he is the EXPO. 9/ Security Savings Bank, SSB, a banking corporation, and that by authority duly given and as the act Of the corporation, he voluntany signed the foregoing instrument in its name on its behalf as its act and deed. WRNESS my hand and official seal this the 4 day of December, 2012. "5" ISiFrye��` . 25 rf �f Notary Public a 4 pTAk}. p My commission expires: a � �aCA4 L7 ,'bu`` zY M:• RECEIVED DCM WILMINGTON, NC DEC o 4 2015 IIII�IinIIIUIIIIIIiIIINllu1111 ai z � CCU a�umulck C..ty, Nc gegas tar of needs page 3 of 3 Exhibit A TRACT ONE: Beginning at an iron pipe in the westerly edge of N.C. Highway 904 (,said beginning point being located north 18 degrees 12 minutes west 350.65 fret from the northwest comer of the intersection of the noAherly boundary of Third Street and the westerly boundary of Highway 904 as sbown on a map recorded in Map Book 5 at page 143 of the Brunswick County, North Carolina Registry); and rowing thence south 76 degrees 15 minutes west 125 feet to a stake; and naming thence north 18 degrees 12 minutes west parallel with Highway 904 50 feet to a stake; and running thence north 76 degrees 15 minutes east 125 feet to a stake in the edge of Highway 904; and running thence with the edge of Highway 904 south 18 degrees 12 minutes east 50 feet to the beginning comer. TRACT TWO: BEGINNING at an iron pipe that is located north 18 degrees 11' west 350.65 feet from the northwest corner of the intersection of Third Street and Hwy 904 according to a map recorded in Map Book 5 at Page 143 of the Brunswick County Registry; said comer being in the western edge of Hwy 904; thence south 76 degrees 15' west for a distance of 125 feet to a stake; thence north IS degrees 12' west for a distance of 100 feet to a stake; tbence north 76 degrees 15' east fora distance of 125 feet to a state in the edge of Hwy 904; thence south 18 degrees t I - cast for a distance of 100 feet with the edge of the road to the beginning comer. SAVE AND EXCEPT that property conveyed to RH. McClure by Homer 1. Johnston et ux by deed recorded in Book 520 at Page 264. RECEIVED DCM WILMINGTON, NC DEC 0 4 2015 Snider, Holley From: Huggett, Doug Sent: Sunday, November 22, 2015 9:05 PM To: Davis, Braxton C Cc: Wilson, Debra; Snider, Holley; Coats, Heather, Huggett, Doug Subject: FW: OIB Bulkhead failure Attachments: 2015-11-19 Century2lBulkHead.pdf, mclurejpg; mclure2 - Copyjpg; mclure3jpg Braxton, Please see the attached correspondence from a property owner at Ocean Isle Beach. The property owner has provided evidence concerning the possible imminent failure of a bulkhead on the property. Furthermore, due to the proximity of the building on the lot to the bulkhead, bulkhead failure will likely cause significant damage to the structure, with a high potential that the structure could be rendered uninhabitable. The Wilmington DCM staff and I both therefore suggest that the Division implement the emergency permit procedures found under Coastal Area Management Act (§113A-118) and the State Dredge and Fill Law (§113-229). The emergency provisions of both of these Acts are included below for reference. If the Department agrees that an emergency permit is appropriate in this situation, the following deviations from the standard permit would apply: 1) The public notice provisions of the Coastal Area Management Act and the State Dredge and Fill Law will be suspended; 2) The adjacent property owner notification process will be suspended; 3) The normal agency coordination process is suspended, although as time allows, DCM will coordinate quickly with relevant agencies (especially DWR and the USACE) as necessary Should these emergency permit procedures be authorized, DCM should be able to issue a permit within a matter of days. The Wilmington staff is currently working with the applicant to prepare the necessary items for a permit application package that would satisfy the emergency permit requirements, and my staff and I will treat this matter as a top priority. I would also like to point out that a similar circumstance happened to a property immediately adjacent to this one 3-4 years ago, and an emergency permit was issued in that case. I am available to discuss this matter further should you have any additional questions or need any additional information. Thanks Doug Coastal Area Management Act § 113A-118. Permit required. (f) The Secretary may issue special emergency permits under this Article. These permits may only be issued in those extraordinary situations in which life or structural property is in imminent danger as a result of storms, sudden failure of man-made structures, or similar occurrence. These permits may carry any conditions necessary to protect the public interest, consistent with the emergency situation and the impact of the proposed development. If an application for an emergency permit includes work beyond that necessary to reduce imminent dangers to life or property, the emergency W6 permit shall be limited to that development reasonably necessary to reduce the imminent danger; all further development shall be considered under ordinary permit procedures. This emergency permit authority of the Secretary shall extend.to all development in areas of environmental concern, whether major or minor development, and the mandatory notice provisions of G.S. 113A-119(b) shall not apply to these emergency permits. To the extent feasible, these emergency permits shall be coordinated with any emergency permits required under G.S. 113-229(e1). State Dredge and Fill Law § 113-229. Permits to dredge or fill in or about estuarine waters or State-owned lakes. (e1) The Secretary is empowered to issue special emergency dredge or fill permits upon application. Emergency permits may be issued only when life or structural property is in imminent danger as a result of rapid recent erosion or sudden failure of a man-made structure. The Coastal Resources Commission may elaborate by rule upon what conditions the Secretary may issue a special emergency dredge or fill permit. The Secretary may condition the emergency permit upon any reasonable conditions, consistent with the emergency situation, he feels are necessary to reasonably protect the public interest. Where an application for a special emergency permit includes work beyond which the Secretary, in his discretion, feels necessary to reduce imminent dangers to life or property he shall issue the emergency permit only for that part of the proposed work necessary to reasonably reduce the imminent danger. All further work must be applied for by application for an ordinary dredge or fill permit. The Secretary shall deny an application for a special dredge or fill permit upon a finding that the detriment to the public which would occur on issuance of the permit measured by the five factors in G.S.113-229(e) clearly outweighs the detriment to the applicant if such permit application should be denied. Doug Huggett Manager, Major Permits and Federal Consistency Section North Carolina Division of Coastal Management doug.huggett@ncdenr.gov (252) 808-2808 ext. 212 From: Wilson, Debra Sent: Friday, November 20, 2015 8:48 AM To: Huggett, Doug <doug.huggett@ncdenr.gov> Subject: OIB Bulkhead failure Hey Doug, Is this letter acceptable for the emergency permit request or do we need more info? Debbie Wilson, District Manager NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 (910) 796-7266 Fax: (910) 395-3964 debra.wilsonQncdenr.gov M.� (Nothing Compares..._ Project Narrative For Century 21 24 Causeway Drive Ocean Isle Beach, North Carolina Prepared for Sunset Motorsports, LLC December 2, 2015 Prepared by Cape Fear Engineering, Inc. 151 Poole Road, Suite 100 Belville, NC 28451 (910)383-1044 NC License No. C-1621 i 1E�—EiVEO DCM WILMINGTON, NC DEC 042015 CAPE FEAR ENGINEERING 151 Poole Road, SuRe 100 BeNille, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 www.capefearengineering.com To: NCDEQ - DCM Attn: Holley Snider RECEIVED GEC 0 4 1015 Transmittal Date: December 4, 2015 File: 875-200 "38" Subject: CAMA Major Sunset Motorsports, LLC 24 Causeway Drive Ocean Isle Beach, NC ❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No. Description 1 Application CAMA Major Permits Application, DCM MP-1, DCM MP-2 1 Copy Project Narrative 1 Copy Property Deed 1 1 Original Check In The Amount Of $400 For Required Application Fee, #_ 1 Copies Agent Authorization 2 Copies Site Plans, Sheet C-1 REMARKS Per NCDEQ DCM, since the project is an emergency bulkhead repair, adjacent property notifications are not required CC: File 875-200 - "38" Cape Fear Engineering, Inc. Signed: lizabeth M. Nelson, PE Received Date: -',vED DCM WILUNGTON, NC P:W751875-200 Sammy Vamam Gm aXaMuy 21TAMA1201612-01Transmittal CA Mapr.d. DEC 0 4 Z015 N a Coastal Management ENVIRONMENTAL OUALITV MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director December 8, 2015 RECEIVEDMIDDENR/M DEC 0 8 2015 Chad Coburn NCDEQ-DWR 401 Section Water Quality Regional Operations Section Heather Coats, Assistant Major Permits Coordinator Wilmington Regional Office NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review Sunset Motorsports, LLC 24 Causeway Dr., adjacent to Old Sound Creek/AIM,, in Ocean Isle Beach, Brunswick County to obtain an emergency permit to install a vinyl bulkhead and fill approx. 400 sq ft of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 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. / (J �-e�,` w � j4" t 3 f 17 I S—c c c.. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. SIGNED This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached DATE Nothing Compares! l'�il��a�ls RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DEC 18 2015, Water Resources ENVIRONMENTAL QUALITY December 17, 2015 Sunset Motorsports, LLC Mr. Greg Gore 1350 Hickman Road NW Calabash NC 28467 PAT MCCRORY a� DONALD R. VAN DER VAART Sr," ,, S. JAY ZIMMERMAN (lifi[!Ol' DWQ Project # 15-1302 Brunswick County Subject Property: Century 21— 24 Causeway Drive, Ocean Isle Beach NO WRITTEN CONCURRENCE NEEDED Dear Mr. Gore, You have our approval, in accordance with the attached conditions to impact 0.009 acres (400 square feet) of 404 wetlands to install a new bulkhead as described in your application received by the N.C. Division of Water Resources (DWR) on December 17, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) is met. This certification may also be viewed on our website at httP://portaI.ncdenr.orgLweb/wA /sn/ws/40 I /certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 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/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. DCM WILM NIGTON, NC State of North Carolina I EnvironnnentalQuality IWater Resenrcea DEC 18 2015 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 24 Causeway Drive — Ocean Isle Beach Brunswick County 2015-1302 This certification and its conditions are final and binding unless you ask for a hearing. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This 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, Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC3883 Certificate of Completion cc: Elizabeth Nelson — Cape Fear Engineering, 151 Poole Road, Belville, NC 28451 Debbie Wilson — DCM Wilmington Tyler Crumbley — USACE Wilmington Field Office WiRO RECEIVED DCM WILMINGTON, NC DEC 18 2015 Water Resources ENVIRONMENTAL OUAL!TT DWR Project No: Applicant: Project Name: PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicants 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: if this project was designed by a Certified Professional Date: I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: RECEIVED DCM WILMINGTON. NC State of North Carolina I Environmental Quality I Water Resources DEC 18 2015 1611 Mail service Center I Raleigh, Nonh Carolina 27699-1611 919 707 9000 RECEIVED DCM WILM NGTON, NC DEC 18 2015 1 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2015-02564 County: Brunswick USGS Quad: NC -Ocean isle Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Sunset Motorsvorts, LLC/ McClure Realty Address: 1350 Hickman Road NW Calabash, NC 28467 Telephone No.: 910-796-7270 Agent: Cape Fear Engineering Attn: Elizabeth Nelson 151 Poole Road Suite 1.00 Belville, NC 28451 Phone 910-383-1044 Fax 910-383-1045 Size (acres) 0.29 Nearest Town Ocean Isle Beach Nearest Waterway Old Sound Creek Basin Lumber River USGS HUC Coastal Carolina 03040208 Coordinates Latitude. 33.88987 Longitude:-78.43788 Size and location of property (water body, road name/number, town, etc.): The project site is located at 24 Causeway Drive, adjacent to Old Sound Creak in the town of Ocean Isle Beach, Brunswick County, North Carolina. Coordinates are: 33.88987 N,-78.43788 W Description of projects area and activity: The Droicet consists of permanent fill impacts to 0.009 acres of coastal wetlands for emereene bulkhead installation on a currently failing bulkhead. The impacts will occur approximately 4 feet waterward of the existinL bulkhead and would measure approximately 108 feet in length and same height as the existing failing structure. Must be built as described in the construction plans dated 12/3/2015. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 3. Maintenance. Additional Remarks and/or Special Permit Conditions: SEE ATTACHED NWP GENERAL and REGIONAL SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, and your submitted information in the application dated December 3 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. RECEIVE[) DCM WILMINGTON, NC DEC 2 12015 This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tyler Crumbley at 910-251-4170. Corps Regulatory Official Tyler Crumbley �yl�j _ _ Date: 12/21/2015 Expiration Date of Verification: 18 March, 2017 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. N There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. N There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (C WA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued—. Action ID a. Basis of Jurisdictional Determination: The site contains wetlands that meet the criteria of the 1987 Corps Delineation Manual and regional supplement. Wetlands are adjacent to the Intracoastal waterway, which is Section 10 Navigable. This area exhibits a High Tide Line as indicated by physical markings on structures and is part of the Old Sound Creek. Corps Regulatory Official: __Tyler Crumble ✓. Issue Date: 12/21/2015 Expiration Date: 12/21/2020 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Electronically Heather Coats; NCDEQ, DCM Holley Snider; NCDEQ, DCM Chad Coburn; NCDEQ, DWR Elizabeth Nelson; Cape Fear Engineering Permit Number: SAW-2015-02564 Permit Type: NW 3 Name of County: Brunswick Name of Permittee: Sunset Motorsports, LLC Date of Issuance: 21 December, 2015 Project Manager: Tyler Crumbley Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW-RG 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the pennit conditions. Signature of Permittee Date - — 30' CAMA SETBACK — - — - — 75CAMA AEC LINE MLW - MEAN LOW WATER MHW - MEAN HIGH WATER TAX PARCEL NU113629 SWSET MOTORSPORTS, LLC I350 HKNCJAN ROAD NW CALABASH NO 28467 r •rf. TYPICAL BULKHEAD NOT TO SCALE U111L __ 11L \ SIL IL 11. WAL TE NEW XISTNSTINGG TO E11. BUJGEAD ..... MEAN HG14 WATER AT FACE OF BULKHEAD S73' 39' D o S73. 46' I 1\ \ \\ VIQGINIA ALMA WILLIAMS TRUSTEE AND \ \QB HOLDINGS, LLC DB 3332-996 EXISTING FENCE ALONG BACK OF WL EED EXISTING i \\PpPpLT NG LOT L { \ L \ 1 \ B jLD N � 1 � I \ \ 6 \ �75 CAME AEC LIFE 30' CAMA \� 1 SETBACK I_L_I \ U\ S TIE NEW WALL SLOANE REALTY OF , _�- To EXLSTwG \ OCEAN ISLE BEACH, INC BULKI .AD \DB 1091-259 SIL � EDasnNG IL 11 BLL.b'EAO \ . �Aw� \ SIL RECEIVED DCM WILMINGTON, SIL w_ DEC 0 a 2015 •11 y LDCx11DN MAP ?On® L BASE MAP OMM FROM BRU,bY= OOLNWY GO DATA A I MM M MMN Na= - DOI • Dsaavnax WAY Dire Sbf mnm CAPE FEAR ENGINEERING f5f Pmk xi.51+ii f00:l3eM9e, xG 18451 CENTURY 21 III (8f0) 383-f004; FAX(8f0)9&RfOCS mp•Ieerafy�9swn KGIICEx5EiQ1Glf F^0� mauD �.•": tiv xmm WiE: mme fe nMDafo: D� 24 CAUSEWAY DIVE OCEAN ISLE BEACH NORTH CAROLINA CAMA MAJOR PERMIT BULKI-EAD REPAR nof¢r•e� am luv 875-2( C-I EXISTING BULKW-AD GRASS/MARSHUNE 30 CAMA SETBACK 75' CAMA AEC LLE MLW -MEAN LOW WATER A4-IW - MEAN HGH WATER i:zQo�-_j-K• .1��� - • •_ BLS= t "11 - •,•._, . . 8 BOL 12' V SHEATI C C • •' •. 4 • 1} -•• ffi"",CAAo •f•. 24 CAUSEWAY DRIVE OCEAN ISLE BEACk INC 28469 COMMERCIAL. CENTURY 2 NOT TO SCALE 11L y L 11 \ 11L JIL W W_ L JI TIE NEW WALL ,•_ TO EXISTING MEAN HIGH WATER AT FACE OF BUJ4-EAD S73' 39' 20. 1 �G A Sw c^ PROPOSED BUJ6-EAD S73' 46' ` TRUSTEE AND WILLIAMS \ \OIB HOLDINGS, LLC DB 3332-996 i \ OSTNG FENCE ALONG BACK OF BU_KI-EAD EXIST'T \\FApRK�ING LOT \\ co, QAI y- \ EXIS71� 1 \ c a au Na .2n Im-p-11)F \ 75' CAMA AEC LINE \ 1 1 /-30'CAMA SETBACK \ 'IL TIENEW WALL SLOANE REALTY OF TO EXISTING \ OCEAN ISLE BEACH, INC 1091-259 \ w BLua-EAD \DB 11L 3� \ EXISTING y L 1 BU.KI-EAD \ SIL RECEIVED\ DCM WILMINGTON, f L -' DEC 0 4 2015 � N ; A in 10 mm Ncm - 001 Elf1 ME#V. OESMP7M OAIE —Z .`2 - iEsq(R mil_pgm a R ........ 33?q�NE gF` h4/NNiN CAFE FEAR ENGINEERING m R,ol ses,ou; vaxry,o) xs,as CENTURY 21 NGlK£NSEfG1R1 anc �' As fAn® G! ' A 0lC 16 11AOiAt: fl•I 24 CAUSEWAY DRIVE OCEAN ISLE BEACH NORTH CAROLNA CAMA MAJOR PERW 6UJC1-EAD REPAR .�., a 875-200 C-1