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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 IIIIIIIIIIIIIIIIIIIiII IIIIII IIIIIIIIIIIIIIIIII D. Is deliveryaddress different from Item 17 If YES, enter delivery address below: D(Atient Cl Poorly MaY Exprees® ❑ 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_ rdoi n 5d,5(s+-yenball 31 U 5ur6,e-+ S(vcl 5«h6� {-6AC-k tte 1 B P 3. IIIIIIIII IN IIIIII III IIIIII IIIIIIIIIIII II I III 9590 9402 6268 0274 9915 18 ° X ❑ Addressee 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® m ❑ Registered Mall m Restricted Delivery ❑ Ragletered Mall Restricted ® Delivery Restricted Delivery ❑ Signalum Conhmatbnm wry ❑ 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 L) N /mu W U $ cr o U 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. 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