HomeMy WebLinkAbout52-15 Minor Mod 2022 Town of Sunset BeachPermit Class
MODIFICATION/MINOR/
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
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
Permit Number
52-15
Issued to Town of Sunset Beach, 700 Sunset Blvd. North, Sunset Beach, NC 28468
Authorizing development in Brunswick County at AIW W and Mary's Creek, 206 Sunset Blvd.
North, Sunset Beach , as requested in the permittee's letter dated 1017/21,
including attached workplan drawings (2). Sheets 1-2 of 2 dated 7/1/2021.
This permit, issued on March 1, 2022 , 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
to Imes, imprisonment or crvu action; or may cause me permit io De nmr ana voia.
Offshore Sill/Oyster Reefs
1) Unless specifically altered herein, this Minor Modification authorizes the construction of two
additional oyster sills and placement of reefball/domes, all as expressly and specifically set forth in
the attached letter and workplan drawings. Any additional development activities may require a
modification of this permit.
2) All plantings shall take place in accordance with the project narrative dated 8/2/21 and the attached
workplan drawings.
(See attached sheet for additional conditions)
This permit action may be appealed by the pennittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Deparunent
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, 2023
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 Chair
of the Coastal Resources Commission.
-� Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pemrittee
Town of Sunset Beach Permit No. 52-15
Page 2 of 2
ADDITIONAL CONDITIONS
3) The ends of each of the two (2) oyster sills, which include the three (3) proposed reefball/domes, shall
be marked with a yellow reflector extending at least three feet above normal high-water level.
General
4) All debris associated with the construction of the permitted development shall be contained within the
authorized project area and removed to an appropriate upland location.
5) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
6) This Minor Modification shall be attached to the original Permit No. 52-15, which was issued to the
permittee on 4/23/15, as well as all subsequent modifications, refinements, and renewals, and copies of
all documents must be readily available on site when Division personnel inspect the project for
compliance.
7) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the project Action ID SAW-2015-00113.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 20181602v2.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.
vlw
DCM Coordinator: I,.."4— Permit #: 52 — IS
MAILING DISTRIBUTION SHEET
Permittee: `aw. .9- 5.�,.�.e� 3e.X, ?W IN L Za'469
DCM Field Offices
Elizabeth City
Washington (with revised work plan drawings)
Morehead City
Wilmington vow (OBJECTIONS )
T�
US ACOE Offices:
Washington:
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Jordan Jessup (TBD)
Greg Curry (New Hanover, Brunswick)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kimberlee Harding (WIRO)
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
James Harrison (WARD)
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Onslow, Pender).
Robb Mairs — 401 (Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARO)
Rodney Butler
(NCDOT) Travis Wilson
RECEIVED
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
NORTH CAROLINA
£nWrontnental Quality
TO: Cameron Luck
Assistant Major Permit Coo, inator
FROM: Tara MacPherson
District Manager, Wilm' gton
DATE: October 12, 2021
SUBJECT: Modification Request
State Permit No. 52-15
Town of Sunset Beach
Brunswick County
OCT 18 2021
DCM-MHD CITY
Mr, Jackson Starling, acting agent for the Town of Sunset Beach, has submitted a request to modify State
Permit No. 52-15, which was originally issued to the Town of Sunset Beach on April 23, 2015 for development
of an existing Town Park at 206 Sunset Boulevard North, adjacent to the AIWW. Minor modifications to this
permit were issued on June 29, 2017 and June 13, 2018 for water dependent structures and shoreline
stabilization. A Major modification was issued on December 20, 2018 for development of a Living Shoreline.
State Permit No. 52-15 is due to expire on December 31, 2021.
The permiltee is requesting authorization to construct two additional oyster stills and to install Reef ball/domes;
along the shoreline for salt marsh enhancement and to provide oyster habitat (see Sheets 1 and 2 of 2). An
oyster dome sill measuring 36 ft. long by 8 ft. wide would be installed south of the existing sills along the
same shoreline. The sill is proposed to be 2 ft. high and would be constructed using Mini -Bay Reef Balls and
Bay Ball Module Domes that are 2-3 ft. diameter. According to the proposal approximately 10 Bay Balls and
Mini -II Reef Balls would be installed in 2 parallel rows approximately 42 ft. below Normal High Water. The
second oyster sill oyster sill, measuring 60 ft. long by 6 ft. wide, would be installed further to the south. The
sill would be 2 ft. high and would be constructed with one layer of bagged marl base and three layers of
bagged oyster shell. The bags are approximately 2 ft. x 6 ft. and are 8" high and would be installed
approximately 36 ft. below Normal High Water.
Finally, three Lo-pro oyster domes, measuring 6 ft. long by 2 ft. wide by 2 ft, high would be offset at the
terminus of the oyster sill to prevent displacement from currents and passing vessels. The application
indicated that 5 ft. of open area would be left between the oyster dome sill and the oyster bag sill to allow for
fish passage. The Lo-pro oyster domes would also be offset for this purpose and would be secured with
rebar. Marsh plantings, consisting of Sparffna aftemi/lora and Spartina patens are proposed behind both the
oyster reef sill and dome sills along a 200 ft. area with an average width of 30 ft. No fill was proposed with
this project.
D Q�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 29405
910796.7215
Installation of the domes would require a temporary construction access ramp, the proposal indicated that
wetland mats would be utilized to cross any wetland areas. PVC posts marked with reflective tape are
proposed every 20 ft. along each structure. Monitoring is proposed with this project pre and post project to
study shoreline profiles and oyster reef habitat (see Narrative). Monitoring is proposed for a period of three
years.
The permittee has submitted a check (#1069) in the amount of $100 for the modification. This office has no
objection to this modification request, provided all other local, state and federal regulations are adhered to.
By copy of this memo, DCM is requesting that the USACE, DWR and NC DMF provide any comment
that your agency may have on the proposed project to Cameron Luck of DCM's MHC office within 14
days of receipt of this memo.
Enclosures
cc: WiRo
USACE iW4 j
Holley Snider, DWR �klq t' 10
Kim Harding, NC DMFt1It ✓
RECEIVED
OCT 18 2021
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215
East Coast Engineering, P.C.
I. NGINEERS-PLANNERS•CONSIP IAN IS
October 7, 2021
Ms. Tara MacPherson
Division of Coastal Management
NC Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Subject: Town of Sunset Beach Park
Major CAMA Pennit #52-15
Minor Permit Modification — Plan Submittal
Dear Ms. MacPherson
On behalf of the Town of Sunset Beach, please find enclosed the requested plans for the minor modification
to the existing Major Permit #52-15 for the Town of Sunset Beach Park, located along Sunset Blvd. North,
Sunset Beach. This submittal package includes the following:
1. Four (4) copies of our design plans (Sheet 1 & 2 of 2), on 24" x 36" sheet;
If you have any question or require any additional information, please contact our office.
Sincerely,
?ksontarling, E.I.
jstarling@eces.biz
RECEIVED
t
r OCT 12 I:I
DCM WILMINGTON, AC
Enclosures RECEIVED
PC: Mrs. Lisa Anglin, Town of Sunset Beach Asst. Town Administrator via Email
Mr. Dustin Graham, Town of Sunset Beach Public Works Director via Email OCT 18 2021
File: 2700.19 (Sunset Beach— Mary's Creek Town Park) DCM-MHD CITY
4918 Main Street' Post Office Box 2469 • Shallotte, North Carolina 28459 `Tel.: 910-754-8029' Fax: 910-754-8049
Firm License Number: C-4785
East Coast Engineering, P.C.
E N GIN EE RS•PLANN E R S•CON SU LTANTS
e
PROJECT NARRATIVE
For
Sunset Beach Town Park
Sunset Beach, North Carolina
East Coast Engineering, P.C.
August 2, 2021
RECEIVED
AUG 0 4 2021
DCM WILMINGTON, NC
CAMA MAJOR PERMIT 52-15 MODIFICATION
Sunset Beach Town Park is a Town owned Park located at 206 Sunset Blvd. N at
the intersection of NC Highway 179 Business and Sunset Blvd. N in Sunset Beach,
North Carolina. The Tax ID number for the property is 256GA1010. The total
project area is 5.58 acres, and is currently covered by an active 12% low density
stormwater permit # SW8 150041 last modified May 24, 2018. The latest
modification to the CAMA major permit #52-15 was December 20th, 2018 to add
a living shoreline section.
The purpose of the modified plan is to show proposed locations of oyster sills along
the shoreline and restore/enhance saltmarsh habitat through a Minor Modification
to the CAMA Major Permit 52-15 issued on December 20, 2018.
The Coastal Wetland Line was updated and marked on November 22, 2017 along
the full length of the proposed living shoreline areas by Land Management Group,
Wilmington, NC. This updated Coastal Wetland Line is reflected on the modified
plan. The proposed living shoreline sills will not encroach into and will be placed
completely waterward of the edge of coastal marsh grass.
Specific oroiect objectives include:
- Create (1) low profile oyster shellbag and marl/granite bag curvilinear
reef/sill that is 6' wide x 60' long x 2' high
- Create (1) low profile oyster dome reef/sills that is 8' wide x 36' long x 2'
high using Mini -Bay Reef Balls and Bay Ball Module domes
RECEIVED
OCT 18 2021
DCM-MHD CITY
4918 Main Street • Post Office Box 2469' Shollotte, North Carolina 28459' Tel.: 910-754-8029' Fax: 910-754-8049
Firm License Number: C-4785
Restore and enhance saltmarsh habitat with the placement and installation
of marsh vegetation seedlings in the area behind the oyster/marl bag, oyster
dome reefs/sill with an average width of 25'
RECEIVEC
AUG 0'1
Restoration Methods and Techniques:
Access to the Shoreline Project Area pl;M WJLMING I ON, NC
All the project supplies, shell and marl bags, and oyster dome will be mobiltz anU
stockpiled in the existing upland area of the park. Temporary construction access
ramp will be established in the project area to enable equipment and people to move
materials from the upland and place them in the project footprint. Marsh/Vegetation
protection mats will be used to protect the substrate and vegetation.
Examples:
https://www.prestogeo.com/products/construction-mats/
https://www.greatmats.com/shop/cart.php?m=prodcat_list&c=955&p=535
0&kmas=l &kmca=Shopping+PLA&kmag=ground2x8black&kmkw=%27
ground2x8black%27&kmmt=p&gelid=EAlaIQobChMIi9LV jMe82QIVF4
31Ch27Lw2 VEAYYASABEgLgv_D_BwE
Creation of Oyster Shell and Marl Bags
Student and community volunteers will create the bags at Waterway Park using
aquaculture mesh bags and PVC bagging frames. The bags are filled with cured
oyster shell and #4 marine limestone marl (based on NCDMF use and
recommendation). The bags will be carried by the volunteers and placed in the
project area according to the approved plan.
Oyster Shellbag & Marlbas Reef/sill
The reef/sill will be placed in the intertidal along the shoreline, to enhance and
restore lost oyster reef and fish habitat in this area. The reef/sill will also provide a
buffer for the eroding shoreline and saltmarsh from waves and boat wakes.
Oyster shell and granite/limestone marl bags will be emplaced by volunteers into
(1) low profile oyster shell and marl bag reef/sill that is 6' wide x 60' long x 2' high
along a total of 70 feet of intertidal estuarine shoreline.
The reef/sill will be constructed in a curvilinear manner, but will run parallel along
the shoreline.
The reef/sill will be constructed of one layer of marl bags on the bottom and then
two layers of oyster shell bags on top of the marl bags. Approximately 750 bushels
of cured oyster shell and 400 bushels of marine limestone (marl) will be used to
create the approximately 800 bags of shell and marl needed for the sill.
Each bag will be approximately 2 ft. long, 6 in. wide and 8 in. high. The bags will
be placed in the water perpendicular to the shoreline to avoid rolling. The first two
layers of reefs/sills will be formed by three bags laid end to end. The third (top)
layer will be comprised of two bags laid end to end. The bags will be nestled
together to help form an interlocking structure. If needed, at 20' intervals, pieces of
curved rebar (24" long x 3/8" thick) will be pounded through the bags and into the
substrate to help hold them in place.
RECEIVED
4918 Main Street " Post Office Box 2469' Shollotte, North Carolina 28459 • Tel.: 910-754-8029' Fax: 910-754-8049
Firm License Number: C-4785 OCT 18 2021
DCM-MHD CITY
Oyster Dome Reef
The oyster dome reefs/sills will be placed in the intertidal and shallow subtidal areas
along the shoreline, to enhance and restore lost oyster reef and fishery habitat in this
area. The reefs/sills will also provide a buffer for the eroding shoreline and
saltmarsh from waves and boat wakes. The oyster domes will also provide a suitable RECEIVED
high relief substrate for oyster larva recruitment and settlement. The exterior surface
area and interior area of the oyster domes also provide valuable fish habitat for
foraging and refuge. AUG 0 4 2021
The oyster dome reefs/sills will be constructed using two types of oyster domac-M WILMINGTON, NC
- Mini -Bay Reef Ball: 17' tall; 2'5" in diameter; surface area of 29 sq. ft.;
weighs 300 lbs.
- Bay Ball Module Reef Ball: 2' tall; 3' in diameter; surface area of 40 sq. ft.;
weighs 500 lbs.
The oyster dome reefs/sills will be constructed using two rows of oyster domes
parallel to the shoreline. Each oyster dome reef/sill will have:
- Channel -ward row: Approximately 10 Bay Ball Module Reef Balls placed
in a row along the channel side of the sill, with 4-6" of separation between
them.
- Land -ward row: Behind the row of Bay Balls, a second row of
approximately II Mini -Bay Reef Balls will be placed with 4-6" of
separation between them
In total, approximately 10 Bay Ball Module Reef Balls and 11 Mini -Bay Reef Balls
will be used to in 2 parallel rows to create the (1) low profile oyster dome reef/sills
that will be each 8' wide x 36' long x 2' high along a total of 40 feet of intertidal
estuarine shoreline.
(3) Lo-pro oyster domes will be placed in an offset manner at the terminus of the
southern oyster dome sill to help break up any longshore current created by
displacement from passing vessels. An additional (3) Lo-pro oyster domes will be
placed in an offset manner at the terminus of the northern oyster shellbag and
granite/marl bag sill to help break up any longshore current created by displacement
from passing vessels.
Fish Passage/Breaks:
Approximately 5' of open area will be left between the proposed reefs/sills; and
each of the sills/reefs will be offset to allow for fish passage and inter -reef fisheries
habitat. Two small oyster dome sections (6'X2'X2') will be placed in offset manner
between the still structures to prevent erosion through the open water gaps left for
fish passage.
The oyster domes will be transported to the stockpile area in the park by truck and
offloaded. During construction, loading equipment (Bob-cat/Small excavator) will
carry the domes down the temporary construction access ramp and place them in
the oyster reef/sill foot print. The reef balls will be secured and held in place by
curved re -bar pounded into the substrate.
Oyster domes have been utilized extensively in other states including Florida and
Maryland for Living Shoreline projects. In North Carolina, oyster domes have been
used at the Carteret Community College Living Shoreline Project, Morris Landing RECEIVED
4918 Main Street • Post Office Box 2469 • Shallotte, North Carolina 28459 ' Tel.: 910-754-8029 • Fax: 910-754-8049
Firm License Number: C-4785 OCT 18 2021
DCM-MHD CITY
Clean Water Preserve Living Shoreline Projects and at other sites. The domes are
being utilized in this proposed project to provide fish habitat and a substrate for
oyster recruitment and settlement. With the diminishing supplies of oyster shells
available for habitat restoration and fishery enhancement it seems prudent to test
and evaluate oyster domes in North Carolina waters. The proposed project is a
suitable place to further evaluate the oyster domes. Photos below, from other project
sites, show the type of placement of and oyster recruitment on oyster domes that
will be utilized in the project.
1' V
Structure Markin Posting
To make the public aware of the living shoreline structures PVC posts will be
installed every 20' along each structure. The 2" PVC posts will pounded into the
substrate and marked with reflective tape. Warning signs will be placed on every
other post.
Coastal Saltmarsh Restoration
The saltmarsh in the proposed project area has eroded over the years and salhmarsh
habitat has been lost. Current conditions at the project site include areas of marsh
scarps, undercutting of the marsh and eroded substrate. The purpose of the saltmarsh
restoration component of the project is to restore eroded saltmarsh habitat.
This portion of the project will be located between the NH W line within the existing
and eroding saltmarsh and the channel ward extent of the growing range. The
saltmarsh restoration area will be approximately 200' long with a maximum width
of 38' and an average width of 30'. The goal is to restore lost saltmarsh habitat. The
area will be stabilized with the installation of approximately 2,500 Spartina
altemiflora (Smooth Cordgrass) planted on 12" centers to enhance the restoration
of the saltmarsh. Some high marsh plant seedlings, Spartina patens (Saltmeadow
Hay) will be installed as needed in any high marsh zones.
RECEIVED
AUG 0 4 fin?
DCM WILMINGTON, NC
4918 Main Street' Post Office Box 2469 • Shollotte, North Carolina 28459' Tel.: 910-754-8029' Fax: 910-754-80a9`''EIVED
Firm License Number: C-4785
OCT 18 2021
,Do -MHD CITY'
Profile Transects. Vegetation and Oyster Monitoring Plan
Prior to the construction of these reefs/sills and saltmarsh habitat pre -monitoring of
salt marsh and any existing oyster reef habitat will be perfonned in the areas of the
proposed locations of the reefs/sills and landward towards the existing saltmarsh.
These data will represent baseline information on existing salt marsh and oyster
habitat. Prc-monitoring of the existing oyster habitat and vegetation landward of the
proposed location of the new projects will be performed in the winter/spring 2021
following the below protocol:
Two survey transects will be established landward of the proposed oyster shell/marl
bag and reef ball sill/reef. Transects will run perpendicular to the shoreline and will
be evenly spaced such as to cover the length of the footprints of the reefs/sills and
the area landward of the reefs/sills. Transects will begin at the upland/shrub zone,
and extend channel ward beyond the footprint of the reef/sills and oyster dome reef.
Also along each transect, 0.5 to PVC quadrats will be sampled every 10 feet for
plant and animal species presence/absence, plant and animal species density and
abundances, and stem heights of the three tallest plant stems of each plant species
observed within the quadrat.
The created oyster reefs will be monitored for oyster abundance, sizes, as well as
other organisms found within the reef areas. Digital pictures will also be taken of
each quadrat as well as of each transect facing landward.
Monitoring will be repeated annually for a period of three years, to monitor the
changes to the shoreline profiles, fauna and flora.
RECEIVED
AUG 0 4 2021
DCM WILMINGTON, NC
RECEIVED
4918 Main Street' Post Office Box 2469' Shollotte, North Carolina 28459' Tel.: 910-754-8029' Fax: 910-754-8049
Firm License Number: C-4785 OCT 18 2021
DCM-MHD CITY
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Town of Sunset Beach
Mailing Address:
1
Phone Number:
700 Sunset Blvd.
Sunset Beach, North Carolina 28468
910-579-6297
Email Address: langlin@sunsetboachnc.gov
I certify that I have authorized East Coast Engineering, PC Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Sunset Beach Park (Mary's Creek)
at my property located at 206 Sunset Blvd. North, Sunset Beach, Brunswick County
in Brunswick County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal. Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
' • � .� �H-�.. � �I tom'
�] Title
` / tc2ZL,�L
Date
V4r-CEIVt-[)
This certification invalid through 7-06-2022 f,tUG 0 4 2021
QCM WILMINGTON, NC
:Ei;EIVED
OCT 18 2021
DCM-MHD CITY
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiI �3f14 �1311 °9 U 361001
e�unsul ck Count V. N Reylster a1 0 d:" 01. PR00
P09I f 3
:rend* n. Clenwns R.ylater of Buda
07-06-2011 10: 34:35,000 BrunaWck County, NC
NC REVENUE STMIP: $5300. 00 (4264546)
Prese^t`1:2Y15 ��'rt
3To181 i5�7
Refurtl.._ . .:oich,
WARRANTY DEED
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
?4rcl�nrecl B!t : -d msenhd.l
THIS DEED, made this Zday 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
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
Resources.
RECEIVED
AUG 0 4 2021
e11I3k4q t)e
OCT 18 2021
DCM-MHD CITY
IIIlllllllllllllllllllll��ll�llllllll �3114dP1313 za,>;oo
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 executed this deed, the day and year first above
written.
Tld
By:
STATE OF NORTH CAROLINA
COUNTY OFBRUNSWICK ,,I
1, C YI,1f1('� � p�i�.6?t 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.
WITNESS my hand ��ci • 'Allpiyi his Ole_ yof July, 2011.
e` 't"9,'1 j nQ
dr Aft, o .
' m pUBl1L "c gaim, Notary Public
;9 =
My commission expires: "�•
3-2"1-7OK
RECEIVED
Ag 0 4 2021
0CM WILMINGTON, NC
=AVED
OCT 18 2021
DCM—MHD CITY
Br��swick����ty, NC R�gister 83114of aP1314i 33=;'; w
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 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 flow of Marys Creek.
8. Right of Way in favor of the State and/or Federal Government for Atlantic Inlracoastal Waterway, if any.
9. Utility Easements of Record.
RECEIVED
AUG 0 4 2uz1
pCM WILMIREIM I1p
OCT 18 2021
DCM—MHD CITY
A13JACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to
of Property Owner)
property located at
(Address, Lot, Block, Road, etc.)
on Mary's Creek - IntraCoastal Waterway , In Sunset Beach, NC N.C.
(Waterbody) (Cltyrrown and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
See Attached Drawing by
East Coast Engineering, PC
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Pro erty Owner Information)
AZL
Signature
Lisa Anclin.Assistant Town Admin/Town Clerk
Print or Type Name i
700 Sunset Blvd. North
Mailing Address
Sunset Beach, NC 28468
City/Stale/Zip
91 o-57s-62s7
Telephone Number
September 10, 2018
Date
(Adjacent Property Owner Information)
Signature
Ronald C. & Clarice C. Holden
Pnnt or Type Name
101 Shoreline Drive West
Mailing Address
Sunset Beach, North Carolina 28468
City/State2ip
Telephone Number
RECEIVED
OCT 18 2021
DCM-MHD CITY
Dare RE E )Ur D
(Revised 6/18/20)
Au(;o 7N21
DCM WILMINGTON, NC
■ Complete items 1, 2, and 3. FSigmtura
■ 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 mailpieoe, by (PdntedName)
or on the front If space Derrnits. l 1 1 o n
1. AnIcleAddressed to:
KonnI It -t Ol r i '�- den
lot Shor���n�`�r.
Sunset
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D. Is deliveryaddress different from Item 17
If YES, enter delivery address below:
D(Atient
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❑ Registered Mall-
❑0R�,l,stmd Mall Restlpted
ry
9590 9402 6268 0274 9915 25 O CmtlaeMMall Restricted Delivery eeonatuneconnrmauonTM
❑Collect on DelWory ❑ Sigvture Confirmation
2. Article Number unwrer herd service tabelf ❑ collect on Delivery Restricted Delivery ReetdRee Delivery
n Mail
7019 1640 0000 7598 5734 M'i ReWleted Delivery
PS Form 3811, July 2020 PSN 7530-02-000.9053 Domestic Return Receipt
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailplece,
or on the front if apace permits_
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B. Received by (Printed Name) C. Date of Dslil rx
D. Is delivery address different from Item 17 ❑ Yes
If YES, enter delivery address below: ill
re
❑ Prbdty Mail Pxpress®
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❑ Registered Mall
m Restricted Delivery
❑ Ragletered Mall Restricted
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Restricted Delivery
❑ Signalum Conhmatbnm
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❑ Slgnatum Confirmation
2. "•"^'^ar.,..d..,/ &Oarfromsetvieelabe0 ❑Collect on Delivery Restricled Delivery Restricted Delivery
7019 1640 0000 7598 5741 1 Restricted Delivery
P5 Form 3811. July 2020 PSN 7530-02-000-SO53 Domestic Return Receipt
UL) 18 2OZI
OCM-MHD CITY
RECEIVED
AUG 0 4 2021
DCM WILMINGFON, NC
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Town of Sunset Beach s
(Name of Property Owner)
property located at Town Park - 206 Sunset Blvd. North, Sunset Beach
(Address, Lot, Block, Road, etc.)
on Mary's Creek - InlraCoaslal Waterway , in Sunset Beach, NC , N.C.
(Waterbody) (City/Town and/or County)
i
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
See Attached Drawing by
East Coast Engineering, PC
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must Initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Prop rty Owner Information)
Signature
Lisa Anglin,Assistant Toa Administrator/Town Clerk
Print or Type Name
700 Sunset Blvd. North
Ilina Address
un§et Beach, NC 28468
City/StatelLip
910-579-6297
Telephone Number
September 10, 2018
Dale
(Adjacent Property Owner Information)
Signature
Edwin T. Soots & Senbad, LLC
Print or Type Name
310 Sunset Blvd.
Mailing Address
Sunset Beach, North Carolina 28468
City/State/Zip
Telephone Number
RECEIVED
OCT 18 2021
, 0;401FID CITY
Dale RECEIVED
(Revised 671tt2012)
DCM WILMINGI'ON, NC
Date
Date
Check From
Name of
Vendor Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
10/12/2021
10/13/2021
East Coast
Town of Sunset
First Bank
1069
$100.00
minor mod fee #52-15, Sunset
Tmac rct.
Engineering, PC
Beach
Beach, BrCo
15573
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ROY COOPER
Governor
ELIZABETH S. BISER
secretary
S. DANIEL SMITH
Director
Town of Sunset Beach
Attn: Lisa J. Anglin
700 Sunset Blvd. N.
Sunset Beach, NC 28468
NORTH CAROLINA
Environmental Quality
December 3, 2021
DWR # 20181602v2
Brunswick County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Sunset Beach Town Park Living Shoreline Modification
Dear Mrs. Anglin,
You have our approval for the impacts listed below for the purpose described in your modification
request dated August 4, 2021, received by the Division of Water Resources (Division) October 18, 2021.
The application proposes to expand the existing living shoreline structures by constructing a bagged
oyster shell sill, installing reef balls and marsh planting landward of the structures. The proposed
project is located within the Atlantic Intracoastal Waterway which are class SA;HQW waters by the DWR.
These impacts are covered by the attached Water Quality General Certification Number 4175 and the
conditions listed below. This certification is associated with the use of General Permit No. 198000291
once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of
Amount Approved
Amount Approved
Plan Location or
Impact
(units)
(units)
Reference
Permanent
Temporary
404/401 Wetlands
N/A
+/- 500 sq. ft.
N/A
construction access
TMIf
D Mw Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
DWR20181602v2
Page 2 of 4
Open
0.01 acres filled
6,000 sq. ft. plantings
Project narrative,
Water/Shallow
(+/- 648 sq. ft. reef balls
sheets 1 of 2
Bottom
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Wilmington Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
Additional Conditions [15A NCAC 02H .0507(c)]:
1. Moratoriums
The Permittee shall comply with any moratoriums per the NC Division of Marine Fisheries and
the INC Wildlife Resources Commission. Dredging moratoriums shall be observed as required
by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National
Marine Fisheries. If such activities should take place during periods of high biological activity
(e.g. shorebird, or sea turtle nesting), biological monitoring may be required at the request of
other state and federal agencies and coordinated with these dredging activities.
2. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt Water Quality Standards
for Class SB Waters.(12) pH: shall be normal for waters in the area, which generally shall range
between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of
natural conditions; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU;
if turbidity exceeds this level due to natural background conditions, the existing turbidity level
shall not be increased. [15A NCAC 02B .0222]
3. For living shorelines, the sills shall have at least one five-foot opening every 100
feet and may be staggered or overlapped or left open as long as the five-foot
separation between sections is maintained. Overlapping sections shall not
overlap more than 10 feet. [15A NCAC 02H .0506(b)(4) and (c)(4)]
4. For living shorelines, the permittee shall employ all sedimentation and erosion
control measures necessary to prevent an increase in sedimentation and
turbidity within waters and wetlands outside the permitted area. This shall
include, but is not limited to, the immediate installation of silt fencing,
DWR20181602v2
Page 3 of 4
turbidity curtains or similar appropriate devices around all areas subject to
soil disturbance. Additionally, the project must remain in full compliance with
all aspects of the Sedimentation Pollution Control Act and the Mining Act of
1971. [15A NCAC 02H .0506(b)(4) and (c)(4)]
5. Heavy equipment working in wetlands shall be placed on mats or other
measures shall be taken to minimize soil disturbance and compaction. [15A
NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .023]
6. All proposed and approved temporary fill and culverts shall be removed and
the impacted area shall be returned to natural conditions within 60 calendar
days after the temporary impact is no longer necessary. The impacted areas
shall be restored to original grade, including each stream's original cross -
sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native
vegetation. [15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Holley Snider at 910-796-7303, Hollev.SniderCa)ncdenr.eov if you have any
questions or concerns.
Sincerely,
Morella Sanchez -King
Regional Supervisor
DWR Wilmington Regional Office
DWR20181602v2
Page 4 of 4
Enclosures: GC4175
cc: Chris Stanley, consultant (via email)
Cameron Luck, Asst. Major Permit Coordinator
Greg Currey, USAGE Wilmington Regulatory Field Office (via email)
Maria Dunn, NCWRC (via email)
DWR 401 & Buffer Permitting Unit
Luck, Cameron A
From: Harding, Kimberlee k
Sent: Monday, November 8, 2021 3:55 PM
To: Luck, Cameron A
Subject: RE: CAMA Minor Modification Request: Town of Sunset Beach #52-15
Yes. That is correct. Thank you.
Kim6edcc HarciinY
Ha6itat and Enhancement jection
NC Division of Marine ris6eries
Lim6edcc.6ardinQ@ncdenr.eov
910.70.7,+75 (Office)
From: Luck, Cameron A
Sent: Monday, November 8, 20213:54 PM
To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>
Subject: Re: CAMA Minor Modification Request: Town of Sunset Beach #52-15
Just clarifying that you mean "does not"?
Thanks!
From: Harding, Kimberlee k <Kimberlee.HardingCcDncdenr.gov>
Sent: Monday, November 8, 20213:53:21 PM
To: Luck, Cameron A <Cameron.Luck@ncdenr.gov>
Subject: RE: CAMA Minor Modification Request: Town of Sunset Beach #52-15
Hi Cameron.
The NCDMF does have any concerns or comments for this modification.
Thank you.
Kim6edee Harding
Habitat and Enhancement jection
NC Division of Marine Fisheries
Lim6erlee.6ardin¢@ncdenr.gov
910.796.7`F75 (Office)
From: Luck, Cameron A
Sent: Monday, November 8, 2021 10:15 AM
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