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HomeMy WebLinkAbout8-14 Kruger, NikolaiPehnit Class Permit Number NEW 8-14 STATE OF NORTH CAROLIINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 •Issued to Nikolai Kruger,12450 Preservation Point Drive, Charlotte, NC 28216 Authorizing development in Brunswick County 112 SE 73rd Street, in Oak Island as requested in the pennittee's application dated 8/27/13(NT-1. W-5)Rev. 9/26/13 (Iyll-2,W-3), Incl. the att. workplan drawings (2), 1 dated rev. 10/9/13 and 1 dated rev. 12/6/13 and the attached AEC Hazard Notice dated 6/12/13 This permit, issued on January 15, 2014 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'spbjectto fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development A)' Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property, including but not limited to the single-family residence and parking area, all as expressly and specifically set forth in the attached permit application and workplan drawing dated 12/6/13. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. (See attached sheets for Additional Conditions) '.,This permit action may be appealed by the permittee or =othei qualified persons within twenty (20) days of the issuing date An appeal requires resolution prior to work initiation or continuance as the case may be. r- This permit must be accessible on -site to Department personnel when the project is inspected for compliance. maintenance work or project modification not covered ier requires further Division approval. ,,All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees i . that your project is consistent with the North Carolina Coastal Management Program. 4' 4 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxtofi WDavis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Nikolai Kruger Permit # 844 Page 2 of 4 ADDITIONAL CONDITIONS Wooden Bridge/Drive 2) The authorized construction of the wooden bridge/drive shall adhere to the alignment depicted on the attached workplan drawings. 3) . Any portion of the permitted wooden bridge/drive built over wetlands shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. Stabilization '10) The alignment of the retaining wall shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. The authorized retaining wall shall adhere to the alignments depicted on the attached workplan drawings. The bulkhead shall be constructed prior to any backfilling activities. The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the structure. The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by division personnel. All backfill material shall be clean and free of any pollutants except in trace quantities. All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Ocean Hazard Area The pemrittee shall, in coordination with the Division of Coastal Management, determine the static vegetation line and corresponding structural setback requirements. All authorized development shall be located landward of the appropriate setback lines. Construction shall begin within sixty days of this determination or the determinations shall be considered void, and new setback lines shall be re- established. In the case of a major shoreline change within that period, a new setback determination may be required before construction begins. Nikblai Kroger Permit # 8-14 Page 3 of 4 ADDITIONAL CONDITIONS 13) In accordance with T15A:07H.0306(K). The authorized structures shall be relocated or dismantled when they become imminently threatened by changes in shoreline configuration. The structures shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon their collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structures become imminently threatened, so that the structures are no longer imminently threatened, then they need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed.under Rule T15A:07H.0308(a)(2). 14) 15A NCAC 07H .0308(a)(1)(B) prohibits permanent erosion control structures within the Ocean Hazard Area of Environmental Concern (AEC). Therefore, in order to ensure compliance with this rule, the design of all retaining walls within the AEC shall be the absolute.minimum necessary to retain the backfill material. In order to ensure compliance with this condition, the permittee is encouraged to coordinate final retaining wall design with the Division of Coastal Management. All development shall be located landward of the frontal dune. The single family residence shall be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to aside if square; and the first floor level of the sills and joists shall meet the 100- year flood level elevation. All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. ::Dune disturbance shall be allowed only to the extent necessary for development and if the dune's 'protective value is not weakened or reduced. Disturbed dune areas shall be immediately stabilized. All buildings constructed within the ocean hazard area shall comply with the NC Building Code and the Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. 20-) In order to avoid unreasonable danger to life and property, all development shall be designed and placed so as to minimize damage due to fluctuations in ground elevation and wave action in a 100 year storm. Cantilevered decks and walkways shall meet this standard or shall be designed to break -away without ' structural damage to the main structure. Sedimentation and Erosion Control ) ,'. '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.). All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Ikolai Kruger ADDITIONAL CONDYI'IONS General Permit # 8-14 Page 4 of 4 ' !3)'' No vegetated wetlands shall be excavated or filled outside the area indicated on the attached workplan drawings. 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. The permittee and/or his contractor shall meet on site with a representative of the Division prior to project initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required including any authorization needed from the NC DEMLR Stormwater Section and any Building Permits needed from the Town of Oak Island. 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. P The N.C. Division of Water Resources has authorized the proposed project under Project No. 13 1135. E: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. SAW-2012-01731. RCN[ MF4 APPLICATION for Major Development Permit (test revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl Landowner Information Business Name Project Name (if applicable) Na East Beach S.D. Lot 3 Applicant 1: First Name MI Last Name Nikolai Kruger Applicant 2: First Name MI Last Name NA NA H additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 12450 Preservation Point Drive NA Charlotte NC ZIP Country Phone No. FAX No. 28216 us 704 - 907 - 3350 ext. NA - Street Address (d different from above) City State ZIP 112 SE 73rtl Street Oak Island NC 28465- Email snowbeetlel@aol.com 2, AgentlContractor Information Business Name Southern Environmental Group, Inc. Agent/ Contractor 1: First Name MI Last Name Dana A Lutheran Agent/ Contractor 2: First Name MI Last Name David A Syster Mailing Address PO Box City State 5315 South Coilege Road Suite E Wilmington NC ZIP Phone No. 1 Phone No. 2 28412 910-452-2711 ext. 910-228-1841 ext. FAX No. Contractor # 910 452 2899 Street Address (d different from above) city State ZIP Same as above Email dlutheran@segi.us R EC E I V E <Form continues on back> � RECEIVED OCT 2 3 2013 DCM WILMINGTON, NC AUG 2 7 2013 252-808.2809 :: 1-888.4.1RCOAST :: www.nccoas]j eAyment.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Slate Rd. # Brunswick 112 SE 73r0 Street Subdivision Name City State Zip East Beach Oak Island NC Phone No. Lot No.(s) (d many, attach additional page with list) NA - ext. 3, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Atlantic Ocean 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 Ocean e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Oak Island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 67' 355,885.2 SF c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 10,638 SF, I NWL (normal water level) (if many lot sizes, please attach additional page with a list) 10, ❑NHW or ❑NW L e. Vegetation on tract Southern Wax -myrtle (Myrica centers), Cal -tail (Typha, spp.), Sawgrass (Cladium jamaicense), and Smooth Cordgrass (Spartina aftemiflora). f. Man-made features and uses now on tract The subject lot is free of any man made features. However, the lot is within an existing subdivision, with single family homes and infrastucture. g. Identify and describe the existing land uses adiacent to the proposed project site. Existing land use is primarily residential. h. How does local govemment zone the tract? I. Is the proposed project consistent with the applicable zoning? R6 IMF (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 DNA If yes, by whom? NA 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? <Form continues on next p geRECEIVED RECEIVED DCM WILMINGTON, NC 00 23 2013 AUG 2 7 2013 252-808.2808 .. 1-888-4RCOAST .. www.ncbe#.&Wt tagement.net Form DCM MP-1 (Page 3 of 5) L RAN APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes [:]No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Wastewater treatment to be provided by the Town of Oak Island. o. Describe existing drinking water supply source. Drinking water will provided by the Town of Oak Island p. Describe existing storm water management or treatment systems. The site is part of an approved for the construction, operation and maintenance of a 30% low density for a subdivision. Total built upon area for this lot is limited to 5800 SF. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to construct a single family residential dwelling with access bridged. 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. Heavy equipment such as a backhoe, front end loader, dump truck and pile driver will be used to grade the land and construct the bridge. d. List all development activities you propose. The development consists of the following: initially the bridge will be constructed to allow access to the lot. Next the retaining walls will be erected and then clean earthen fill will be brought in and graded. Finally the dwelling will be built. e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? 6,157 this includes the bridge approach, building footprint, yard area and temporary construction buffer ®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. 3,525 SF of fresh water wetlands will be filled to facilitate the foundation of the dwelling and parking area. EC E I V E D DOM WILMINGTON, 0 C T 1 12013 I. Will wastewater or stormwater be discharged into a wetland? ®Yes ❑No ❑NA If yes, will this discharged water be of the same salinity as the receiving waot,.W ®Yes []No ❑NA j. Is there any mitigation proposed? ®Yes ❑No ❑NA If yes, attach a mitigation proposal. C 252-808.2808 :: 1-888.4RCOAST :i yy„ygyK,�pq,G,py stalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit B. Additional Information In addition to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for the application package to be complete Items (a) - (9 are always applicable to any major development application. Please consult the application instruction booklet on bow to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the 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 Bolesky, Matthew J & D E Michaud Phone No. unknown Address $0 Sun Forest Road, ,Chapel Hill, NC 27517 Name East Beach Property Owner Association - Bill Almon Phone No. 303-513-0495 Address 5128 Shadow Pond Lane, Charlotte, NC 28226 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Permit Name Permit No./Project No. Date Issued CAMA Major 117-06 10/30107 S&EC Bruns-2006-207 119/06 401 WOC 060539 5/19106 Stormwater SW8050209 317105 ACOE JD 2004-01214 12127/04 ACOE NWPs 2006-32514 6/6106 ACOE JD 2012-01731 field visit 12t5/12 Wastewater WQ0024875 3/18/06 Authorization to Construct 0500240 3t17/05 h. 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) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Cerififf s ion and Permission to Enter on Land 1 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 o? 7 Agg, aP1jn a Dana A. Lut ra RECEIVED RE(E DCM WILMINGTON, NC Signature OCT 23 2013 AUG 2 7 2013 252.608-2808 :: 1`888-4RCOAST :: www.nccoastalmanagement.net DCMD4IDCITY Form DCM MPA (Page 5 of 5) APPLICATION for Major Development Permit 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 RECEWED RECEIVED DCM WILMINGTON, NC OCT 23 2013 All�n ')Al') 252-808.2808 .. 1-888-4RCOAST .: www.nccoastalmanagement.net DCMMADCITY Form DCM MP-2 l� cf-Z_1_--I 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 NA NA NA NA NA NA NA Width Avg. Existing NA NA Depth Final Project NA NA Depth 11. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. 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 ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: b. Type of material to be excavated. d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable 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. 3 area. d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (li) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes []No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB OWL ❑None (it) Describe the purpose of disposal in these areas: REMM OCT 23 2013 RECEIVED DCM WILMINGTON, NC SEP 2 7 2013 252-808-2808 :: 1-888-1RCOAST :: www.nccoastaimananement.net revised: 12/26/06 Form DCM rAP-2 (Excavation and Fill, Page 2 of 3) C d7 (C/q/ I:�) 3. SHORELINE STABILIZATION ❑This section not applicable (It development is a wood groin, use MP-4 — Structures) a. I ype or shoreline stabilization: b. Length: approximately 215 linear feet ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: V c. Average distance waterward of NHW or NWL: NA d. Maximum distance waterward of NHW or NWL: NA e. Type of stabilization material: concrete or masonry blocks g. Number of square feet of fill to be placed below water level. Bulkhead backfll _ Riprap _ Breakwater/Sill _ Other NONE I. Source of fill material. unknown at this time. I. (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. h. Type of fill material. Clean earthen dirt will be backfilled behind the retaining wall and will be used for building pad and bridge approaches 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No ❑NA b. (!)Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the (it) Amount of material to be placed in the water 566.4 CF number of square feet affected. (iii) Dimensions of fill area 3965 SF ❑CW _ ❑SAV ❑SB _ (iv) Purpose of fill OWL 9 5 F❑None Lot and driveway fill (ii) Describe the purpose of the fill in these areas: Section 404 wetland fill is necessary to provide driveway, parking and building pad for a residential structure. 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? Retaining walls will be erected to keep fill within the approved fill limits. Silt fence will be installed to ensure sediment does not dishcarge outside the limits of disturbance and/or into unauthorized areas of Section 404 wetlands. Once the area has reached final grade. 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. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? A dump truck will bring in clean earthen fill. A bulldozer will be used to grade the lot to meet the disired specifications. RECEIVED DCM WILMINGTON, NC OCT 1 1 2013 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. OCT 23 ma 252-80B-2808 :: 1.888-4RCOAST :: wwvv.nccoastatmanaaement.net DC.bf-MHDCITy revised: 12/26/06 Date 27 August 2013 (Jiz.W 4 Project Name Lot 3 East Beach Subdivision Applicant Name RECEIVED RECEIVED DCM WILMINGTON, NC OCT 23 2013 S E P 2 7 2013 252-808-2808 :: 1-888.4RCOAST :: w .nccoastalmanaaement.net DCM-WDMY revised: 12126/06 (P-tv lo/ct/ 13) Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. I c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. 1 unit per 0.244 acre 6,175 SF of disturbed area is anticpated with this project. This includes approach to bridge, building pad, yard and tempoary construction buffer. e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing gravel will be used for the driveway and parking. The activity begins. bridged, access drive will be a pile suppoorted, slatted (1) If applicable, has a sedimentation and erosion control plan been wood structure. submitted to the Division of Land Resources? ®Yes ❑No ❑NA (11) If yes, list the date submitted: Approved 1/9/06 g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 39% ®Yes []No ❑NA I. Give the percentage of the entire tract to be covered by impervious (ti) If yes, list the date submitted: Approved 3/7/05 and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 39% j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local Municipal sewer will be provided approval? ®Yes ❑No ❑NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stornwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent. 'Wash down" and residential discharges). ❑Yes ®ND ❑NA Surface runoff will infiltrate through the gravel into If yes, attach appropriate documentation. RECEIVED underground drains that will discharge into the exisitng wetlands. RECEIVED DCM WILMINGTON, NC OCT 1 1 2013 OCT 23 2013 252-808-28082:: 1-888-4RCOAST :: www.necoastalmanagement.net DCM-MHDCITY revised: 12/26106 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) municipal drinking water is provided o. When was the lot(s) platted and recorded? 9/8/06 Plat book 0036 / Plat page 0121 27August 2013 CMV 9_?'4-) Date Lot 3 East Beach S.D. Project Name Nikolai Kruger Appliear'kN m Applicant Signature n. (i) Will water be impounded? []Yes SNo []NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? SYes SNo []NA RECEiVW OCT 23 2013 RECEIVED DCM WILMINGTON, NC SEP 2 7 2B13 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement._net revised: 12/26/06 Form DCM MP-5 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. 'I. BRIDGES ❑ This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ❑Commercial ❑PublictGovemment ®Private/Community USACE 404 Wetlands c. Type of bridge (construction material): Treated wood pilings will be used to suport the bridge, which will have treated board decking. The boards will be spaced to reduce shading under the structure and allow for runoff without sheet flow. Pilings will be spaced so as not to restrict water flow. the structure will be elevated at least 3' above the substrate, from the bottom of the cross beam. d. Water depth at the proposed crossing at NLW or NWL: NA e. (1) Will proposed bridge replace an existing bridge? []Yes ®No f. If yes, (it) Length of existing bridge: NA - (III) Width of existing bridge: NA IN) Navigation clearance underneath existing bridge: NA (v) Will all, or a part of, the existing bridge be removed? (Explain) NA 9. Length of proposed bridge: 86' i. Will the proposed bridge affect existing water flow? []Yes ®No If yes, explain: Pilings will be spaced adequately as to not restrict the flow of water that may accumulate within the feature. k. Navigation clearance underneath proposed bridge: NA m. Will the proposed bridge cross wetlands containing no navigable waters? ®Yes []No If yes, explain: The bridge will be spannig a depressional area that has been classed as 404 wetlands. (i) Will proposed bridge replace an existing culvert? []Yes ®No If yes, (it) Length of existing culvert: NA (iii) Width of existing culvert: NA (Iv) Height of the top of the existing culvert above the NHW or NWL: NA (v) Will all, or a part of, the existing culvert be removed? (Explain) NA h. Width of proposed bridge: 12' j. Will the proposed bridge affect navigation by reducln or increasing the existing navigable opening? UYes ®No If yes, explain: The proposed bridge is not spanning a navigable water I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes ®No If yes, explain: NA n. Height of proposed bridge above wetlands: A minimum of 3' above the substrate to the bottom of the bridge support beams will be provided RECEIVED OCT 23 2013 DCM-MHDCrry DCM WILM'INGTON, NC AUG 2 7 2013 252.808-2806 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 10126/06 Form DCM MP•5 (Bridges and Culverts, Page 2 of 4) 2. CULVERTS ®This section not applicable a. Number of culverts proposed: NA c. Type of culvert (construction material): NA d. (i) Will proposed culvert replace an existing bridge? b. Water body in which the culvert is to be placed: NA < Form continues on back> ❑Yes ONO If yes, (it) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) If. Length of proposed culvert: _ h. Height of the top of the proposed culvert above the NHW or NWL. j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ❑Yes ❑No If yes, explain: e. (i) Will proposed culvert replace an existing culvert? ❑Yes ONO If yes, (11) Length of existing culvert(s): (III) Width of existing culvert(s): _ (iv) Height of the lop of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) 9. Width of proposed culvert: _ I. Depth of culvert to be buried below existing bottom contour. k. Will the proposed culvert affect existing water flow? []Yes ❑No If yes, explain: 3. EXCAVATION and FILL ❑This section not applicable a. (1) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ❑Yes ONO If yes, (it) Avg. length of area to be excavated: (III) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (1) Will the placement of the proposed bridge or culvert require any excavation within 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 (it) Describe the purpose of the excavation in these areas: NA V RECEIVED, R F F: F I \/F= DCM WILMINGTON, NC OCT 23 2013 AUG 2 7 2013 DCMMHDMY 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 10/26/06 Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) c. (1) Will the placement of the proposed bridge or culvert require any high -ground excavation? ❑Yes ®No If yes, (it) Avg. length of area to be excavated: (fit) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: NA (if) Dimensions of the spoil disposal area: (fit) Do you claim title to the disposal area? ❑Yes ❑No (if no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? ❑Yes ❑No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB ❑None If any boxes are checked, give dimensions 9 different from (if) above. (vi) Does the disposal area include any area below the NHW or NWL? ? ❑Yes ❑No If yes, give dimensions if different from (II) above. e. (I) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ❑Yes ®No If yes, (if) Avg. length of area to be filled: _ (fit) Avg. width of area to be filled: (iv) Purpose of fill: f. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within 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: NA g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ®Yes ❑No If yes, (if) Avg. length of area to be filled: approximately 91 LF (iii) Avg. width of area to be filled: 34' (iv) Purpose of fill: bridge approaches and lot fill a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? ❑Yes ®No detour structures? ❑Yes ®No If yes, explain: If]: OCT 2 3 2013 AUG 2 7 2013 �rr�Esfv 252-808-2808 :: 1-888-0RCOAST :: www.nccoastal management. net revised: 10/26/06 Forth DCIAI MP-5 (Bridges and Culverts, Page 4 of 4) ff this portion of the proposed project has already received approval from local authorities, please allach a copy of the approval or certification. < Forrn continues on backs c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion ❑Yes ®No controlled? If yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline,backhoe, or hydraulic dredge)? heavey equipment such as a dump truck and front end loader will be used to bring in and grade clean earthen fill on the lot. A pile driver will be used to install the bridge pilings. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ❑Yes ®No ll yes, complete form MP-2, Section 3 for Shoreline Stabilization only. -;?,7 00o Date Lot 3 East Beach S.D. Project Name Nikolai Krugi Silt fence will be installed prior to land disturbing activities. Once construction is complete, the area will be final graded and allowed to re -vegetate naturally. f. Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. The bridge will be errected to provide access to the buildable area. REaum RECEIVED DCM WILMINGTON, NC OCT 2 3 2013 AUG 2 7 2013 252-808.28DO :: 11488.41FCCOAST :: www.necoastalmanaaement.net revised: 50/26/06 AEC HAZARD NOTICE Project Is In An: IO/c_ean Erodible Area _ High Hazard Flood Area _ Inlet Hazard Area Property Owner.k ola t k[vu e Property Address: 112 E -1 �t �"� �A-} 0 } - 1[a'b r) L ►' 1 C_ Date Lot Was Platted: This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development Can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards, By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for fixture damage to the development Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be -rdlodatedcidismajOaifdieyBecomeuntruinentlythreatenedby changes in shoreline configuration, The structure(s) must be relocated or dismantled within two (2) years or becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is located is z- feet per year. Thereto was established by careful analysis ofaerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as 3feet landward in a major storm. The flood waters in a major storm are predicted to be about 15-1-7 feet deep in this area, Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper 8ignahtre, the appli-atiun willnot,be oomolete. SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on Decemher 31 of die third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time ofpemit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or Ole setback must be remeasured, Also, the occurrence of a major shoreline change as the result ofastorm within the 60 ,yperiod will necessitate remeasurement of the setback. It is important lbatyoucl"withthe1,PObeforethepermitexpiresfew offid I- approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized, It is unlawful to continue work after permit expiration. Far more informadon, caruactr _]�dnna Clen-att Local Permit Officer Address .Ca L_Islcanc� Locality ClID - aoI Phone Number RECEMD Revised 2107 OCT 23 2013 RECEIVED DCM WILMINGTON, NC D.r."&MHDMY piir.. 9 7 ^�13 �I�emerT'M��b�efls,�y 1 �i�Nrq��ab�Cf6mr�lone 1 �•Il,slsnYOlo1®I�labrWm b��eab/ I YOMtrsrw� o YPIbiYYrr�T ��a�aiil� I �M�/rlfrfd�l�l4dJl1'.t88D/S -I I Y -- ,umwmvux,� �rN®�omwm mrm olw�n es.u�mrP�u • .. "^mew ...! / _ _.� y....,..�..�......,.. I -I J 1 I r^ I Y '' ^ I �•' '. J I rrausm�crn aurten I I _11 ©'t tW0.1 .I f xwKmmt rtmmme Tara eurennl /.ra,�D! 8 ^' _ �Ti" /"+�'-' I o I 1 ''I no/a ms/aee/aeomurvoumHert/m�e aar.rosvowwruwsAmumlrnesANo., �Lf/i iql µ" nQY Island Surveyors, Inc. J'b'6WY24,JS! IllblYJ GiYd(ML 8910 fIG16lIO2S0.11el m,Pe/oeseelrr w�lvlmm IO�Ytd��o/eS/b IatSn��IAla/bv r� �I�Yebrlvyp,�oa w Rm12 ]0.P. QMDT. dd1SR. \ u '� e 1262e19 AOP®ePAGT TKNP N•��,� ! ,a _ T rmca ma¢la,xmmly. auuzuu azxDr! lermetN¢,Kwnenr. vnumorc Jm� ! lmaom au®,rnamrfoouxurenarr¢ RB 4 6P!'MI! NOD' oLPf!/AJ1'2lDYY� pp 9 NI!'Ab 60LLYMl IRCYO'EYlei .IFB 2 lAllMl! OM1G8lNVtlPATOIIO')AW.'DIPIA ,/,® / TAI(N/! RA9Ym 9(PW'Al/YQI.YICp.® JRD NO. DATE DESCRIP"nON BY rofK NtR.VB /M1OACl9-9,6219f Q' PEPPNFH! AffAR11329fO' IDNKM/MPPALT ro/K 9/O^IOT /0.6.409T/- roTK0.61RNO1B-1,666YIF m ms/ur/Kwc MB/u/luD6216/r XR-1!P!/RDl91?,ARYCOIB,RIKTA M mru!lmuDWru er/NsrAvm mrvN:�ll6,vrA ro n/wwa 1I/C[WACT ro mtwzrurae, Az rasrw/cnou el/nat As em/lrumMrfl ro navuNr /ssx.vtvD/enutarAcrro uerue®. me r m/noNT a- mr Kux nalse wnna yr mzo® rw I,os�sraunrornccenmz.lca lvzmm WNvtl NyxtNv Y AL BVyv/y+uM 3 7 0.0/ Dwyy�gp 9.2]I O.0) TaY 9.6P1 QM ll®PYW-¢I) •NOT/fX.�L4MMN, Q.Wl2YANCBce511C CAAA M4/ORSn ftAM WETLAWSMACFAW NIKOLAI KRU6fR a ,me. rlvreaNa,elmao, M1Lari-efrlDe-ma IOpMpCl�fglY71NY N0116WIQLO. N.4' mm�mers OOb �OAIe eWbl•-e0 nvren+n O®IDml� Y®/FOI! rKD r-!° •"-• • 3Ht T 1 C 2 IDCM Coordinator: C%GeJvt� MAIILIING IIDIISTRI[BUTION SHEET Permit #• �� y Permitee: Agents: IIDCM Field Offices Elizabeth City Morehead City Washington Wilmington (with revised work plan drawings) US ACO)E Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy, Cultural Resources: Renee Gledhill -Early or (environmental.review@ncdcr.gov) Public Water Supply: Debra Benoy (WIRO) Joey White (WARO) NC DOT: Ken Pace _'� Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) � John Hennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 ,/ Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARD) LPO: Fax Distribution: Permitee #: Agent #:_ North Carolina Pat McCrory Governor Nikolai Kruger 12450 Preservation Point Drive Charlotte, N.C. 28216 Dear Sir or Madam: NC®ENR Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary January 16, 2014 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 if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 fAre 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. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure c�v 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement,net An Equal Opportunity 1 Affirmative Acton Employer 4w 11f 412013 09:07 ffa P.0021002 Comments from Oak Island 1) Storage buildings are limited to 100 square feet in the VE zone. 2) Retaining walls are prohibited in the VE zone FEMA Technical Bulletin #5 (Erosion Control Structures), Nov 15 2013 RECEIVED DCM•'MMC1T1r DCM WILMINGTON, NC NOV 142013 Govoni, Daniel From: Coats, Heather Sent: Wednesday, December 18, 2013 1:40 PM To: Govoni, Daniel Subject: FW: Lot 3, East Beach Subdivision Attachments: image001.gif; image002.jpg; LOT 3 EAST BEACH CAMA MAJOR SITE PLAN 12-1.1-13.pdf Heather Coats, Field Representative NC Division of Coastal Manaaement 127 Cardinal Drive Extension Wilmington, NC 28405-3845 (910)796-7424 Fax (910) 395-3964 E-mail: heather.coats@ncdenr.aov &maxil con-espondence to and hom Phis address may be subject to the Noah Quolina Public Records 1xm and may be disclosed to third parties. From: Dana A. Lutheran [mailto:dlutheran@segi.us] Sent: Wednesday, December 11, 2013 5:24 PM To: Timpy, David L SAW' Cc: Coats, Heather; Coburn, Chad; 'Kruger, Nikolai' Subject: Lot 3, East Beach Subdivision Dear Dave, Please find below SEGi's response to your 27 November email requesting additional information, which is necessary to complete the CAMA Major Permit application, for the subject property. 1. The revised plan, for 3,475 sf (0.08 ac) of permanent wetland impacts, looks good. A few more small changes are needed, however. The plan needs to show all the dimensions of the bulkhead; we need distances for the bulkhead around the fill pad of the former storage shed area. Also, the label "limits of bulkhead" at the east end of the fill pad appears to be incorrectly pointing at the 5' construction buffer; this needs to be changed. We also need a label/arrow for the construction buffer. This distances are needed for our compliance inspection after construction. The plan has been revised to reflect the requested changes (see attached). Please note, the surveyor neglected to update the permanent wetland, impact square footage, to include the slopes associated with the approach to the bridge, off 73rtl Street. The correct impact area is 3,621 SF (0.08 AC). Cumulative impacts (temporary and permanent) to wetlands is 4,053 SF (0.093 AC). 2. Last in all previous meetings regarding wetland impacts associated with your bridge proposal, I have asked for a copy of the recorded preservation easement for the East Beach subdivision. This is the approved mitigation area for the subdivision (see attached). Your permit application indicates that this area has been recorded and states "the area placed into preservation" but a copy was not provided to this office. We would like a copy of the recorded instrument for the subdivision. After a thorough check, it has been determined that the statement, in the original permit application, regarding the recordation of a preservation easement was incorrect. To our knowledge, a preservation easement was never recorded with the Brunswick County Register of Deeds. I apologize for any inconvenience this may have caused. It is my sincere hope that the information found within and attached to this correspondence will satisfy the USACE's request for additional information, and the permit will be issued without delay. However, should you have further questions or concerns, please call me directly at 910.228.1841 or Niko Kruger at 980.388.2096. As always, we appreciate your time and assistance with this project and look forward to hearing from you soon Sincerely, Dana A. Lutheran jouthcrn F nvironmcntal C1'O.P, Inc. 53 19 5outh College (Woad,,5uitc E. Wilmington, NC, 289 12 Phone: 910.452.2? I I Mohi6 910.228. 1541 www.seyj.ue ,pvnrm�x,,. } ''Ys,y DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Nikolai Kruger 2. LOCATION OF PROJECT SITE: Project site is located within at 112 SE 73`d St. (Lot 3, East Beach Subdivision), in Oak Island, Brunswick County. Photo Index - 2006: 8-6168, L, 18 2000: 8-75 L, 18 1998: 5-95 O-P, 16-17 State Plane Coordinates - X: 2275483 Y: 58196 Rover File: Q083013A Lat:33°54'23.14683"N Long:78°05'32.05850"W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: 5. PROCESSING PROCEDURE: Dates of Site Visit — 8/30/13 Was Applicant Present - No Application Received —Complete 10/16/13 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Yaupon Beach (Town of Oak Island) Land Classification From LUP - Developed (B) AEC(s) Involved: OH (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal 7 8. Planned - N/A (F) Type of Structures: Existing — Vacant lot Planned - Single-family residence. (G) Estimated Rate of Erosion: 2 ft./yr. Source - LTAASCR 2011 Update HABITAT DESCRIPTION: [AREA] DREDGED FILLER OTHER —1,032 sq. ft. (A) Vegetated Wetlands 3,965 sq. ft. (shaded) §404 wetlands —334 sq. ft. (temporary impact) (B) Non -Vegetated Wetlands Other — High ground 1,858 sq. ft. (D) Total Area Disturbed: 7,189 sq. ft. (0.17 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to construct a single-family residence with a wooden, elevated bridge access. RECEIVED OCT 2 3 2013 DC'4-"IIID CI?Y Nikolai Kruger Page Two 9., PROJECT DESCRIPTION The project site is located at 112 SE 73rd Street, adjacent to the Atlantic Ocean, within the Town of Oak Island, in Brunswick County. To find the project site, travel south on US Highway 17 to NC Highway 133 South. Travel approximately 22 miles south on NC-133 to Dosher Cutoff SE/ NC-133.Tum onto Dosher Cutoff and then turn right at Southport -Supply Rd. SE/ NC-133. Travel approximately 0.8 mile and turn left onto NC-133. Travel on NC-133 to Oak Island and turn right on East Oak Island Drive. Travel approximately 1 mile to SE 73rd Street. Make a left on 73`d Street and the property will be located near the end of the street on the left. The property consists of a single "flag" lot with a total area of approximately 10,600 square feet, located within the East Beach Subdivision. East Beach Subdivision is an 18-lot subdivision, authorized in 2006 under State Permit # 117-06, issued to Greenwood Development Corporation and amended by CRC Variance on October 30, 2007 to allow for an extension of the community beach access. The site is predominately jurisdictional §404 wetlands. Wetland vegetation consists primarily of Cattails (Typha spp.), Bulrush (Scirpus spp. ), Black Needlerush (Juncus roemerianus), and Broomsedge (Andropogon virginicus), amongst other wetland species. While remnant coastal wetland species are present, they are not tidally influenced. The highground portion of the property, located at the southwest comer of the lot, has an elevation of approximately 5.5 feet above mean sea level. The frontal dune is located approximately 150 feet oceanward of the southern property line. The long term erosion rate for this portion of Oak Island is 2 feet per year. The 100-year storm recession line for this area is 300 feet, creating a total Ocean Erodible AEC of 420 feet. The project is also located within the High Hazard Flood AEC as indicated by zones V 1-30 on the Flood Insurance Rate Maps of the Federal Insurance Administration. Setbacks in this portion of Oak Island are measured from a static or fixed vegetation line, unless the actual first line of stable, natural vegetation is more restrictive. This static vegetation line represents the first line of stable, natural vegetation that existed prior the large-scale spoil deposition project. The vegetation line was surveyed by the North Carolina Geodetic Survey Unit in February and March of 2002. With a 2 feet per year erosion rate, structures with a total floor area less than 5,000 square feet must be set back a distance of 60 feet landward from the static line. The 60 foot setback is located approximately 65 feet oceanward of the southern property line. The actual first line of stable, natural vegetation is located oceanward of the surveyed static vegetation line. There are no man-made structures currently on the property other than municipal sewer hook-up. The waters of the Atlantic Ocean in the vicinity of the project area are classified SB by the North Carolina Division of Water Quality. The area is not designated as a Primary Nursery area by the North Carolina Division of Marine Fisheries. PROPOSED PROJECT: The applicant is proposing to construct a single-family residence with associated wetland fill. An elevated, wooden pile -supported bridge/drive would be constructed from the street and over §404 wetlands to access the home site. The bridge would be elevated a minimum of 3' above the substrate. A bulkhead would be constructed between the property line and the SE 73`d Street right-of-way. The right-of-way would then be filled to the bridge height to reach the minimum 3' bridge elevation over wetlands. Another bulkhead would be constructed at the end of the bridge and around the perimeter of the home site to retain fill material around the house and parking area. The applicant is also proposing a 2' construction buffer around the proposed retaining walls to account for temporary impacts due to construction. According to the narrative, once construction of the walls is completed, the buffer area will be returned to its natural grade and allowed to re -vegetate naturally. The total floor area of the house would be 2,108 square feet. A small 16' in length by 8' in width free-standing st(fage &MWEdso proposed adjacent to the house. OCT 2 3 2013 Nikolai Kruger Page Three 10. * ANTICIPATED IMPACTS: The project would result in the fill of 3,965 square feet of §404 wetlands and 1,858 square feet of high ground. It would also result in temporary disturbance of approximately 334 square feet of §404 wetlands. The proposed bridge would result in the additional shading of approximately 1,032 square feet of §404 wetlands. The proposed development would be located within the High Hazard Flood and Ocean Erodible AECs, landward of the applicable development setback. Submitted by: Heather Coats Date: October 21, 2013 Office: Wilmington 4 RECEIVED OCT 23 2013 DCM-MHD CITY 111412013 09:07 (FAX) P.0011002 OUR North Carolina Department of Envlronment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, I II Govemor Director Secretary October 21, 2013 MEMORANDUM: TO: Donna Coleman LPO Oak Island FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: LAMA/ Dredge & Fill Permit Application Review Applicant: Nikolai Kruger Project Location: 112 SE 73'd St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency s position or viewpoint on the proposed project and return this form to Goya Huggett at the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED (rn�Y Y^� DATE tL� j 127 Cardinal Drive EA, Wilmington, NO 28405 Phone: 9*7W72151 FAX: 910,3953%4 intemer wwa.ncooagmanaaement.net An EWO 0ppCrhmi1y\AffNratrve Ac4m Beptuyer gEC MD Nov 15 Z013 DCM-Mi1D CTIY RECEIVED DCM WILMINGTON, NC NOV 142013 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Nikolai Kruger COUNTY: Brunswick PROJECT NAME: East Beach Subdivision, Lot 3 LOCATION OF PROJECT: 112 SE 73rd St., adjacent to the Atlantic Ocean, in Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD:10-16-13 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Coats DISTRICT MANAGER REVIEW: ✓Q Z B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 10-24-13 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNS TO: ve n - C) 75 DAY DEADLINE: 1 36 MAU, OUT DATE:10-21-13 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY, To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: $400.00 END OF NOTICE DATE: 11-14-13 DEED RECD: YES ON: 1 0/7-YZ13 150 DAY DEADLINE: STATE DUE DATE: 11-14-13 FED COMMENTS RECD: i AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Q�22 Land Quality Section (DEMLR) b _ Z Division of Water Resources (401) C 1 3 1 13 J 1 s 1 veld Z 7 Storm Water Management (DEMLR) State Property Office 1 —1 Division of Archives & History Division of Environmental Health Division of Highways OCT 23 2013 Wildlife Resources Commission — ( "1/ Local Permit Office — I Division of Marine Fisheries / DCM Corps of Engineers Assigned to �ovu Assigned on 10/2 ACTIONS Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other ((eU /l/of c?. Written approval from DWQ is0t required for this project. DL Pat McCrory Governor October21, 2013 MEMORANDUM: TO: FROM: SUBJECT Applicant Project Location NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director Maria Dunn NCWRC WaRO / WiRO Resources John E. Skvarla, III Secretary Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA/Dredge & Fill Permit Application Review Nikolai Kruger 112 SE 73rd St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggettat the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _1.1 his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED n,t,[ -.:I • r 1. � DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net An Equal Oppoduniryr Affirmative Action Employer —13-24>13 WEIrygp r. Nn V 1 8 2013 DM.WMC NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary October 21, 2013 UCEVED MEMORANDUM: NOV 18 2013 RECEIV ED TO: Tim Walton Dept of Administration DC4 V mcrry OCT 2 2 2013 State Property Office DOA STATE PROPERTY FROM: Doug Huggett, NC DENR-DCM Major Permits Co OFFICE 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Nikolai Kruger Project Location: 112 SE 73rd St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: Thi gency has no objection to the project as proposed. This agency has no comment on the proposed project. SIGt This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE \_ 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal opportunity`. Affirmative Action Employer Pat McCrory Governor October 21. 2013 MEMORANDUM: EA DISTRICT 3 Q As, 0' zs 2913 NCDENR RECEIVED North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary TO: Anthony Law INC DOT Brunswick County FROM: Doug Huggett, INC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA /Dredge& Fill Permit Application Review Applicant: Nikolai Kruger Project Location: 112 SE 73rd St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED / DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanacement.net '/ 2 s/r3 RECEIVED OCT 2 5 2013 An Equal Opportunity 1 Affirmative Action Employer DCM MRD CITY 10-21-'13 14:55 FROM - T-325 P0001/0002 F-590 Ks. STA7g q, . 54 MAY i0.1 S VY x "^Mn.iin North Carolina Department of commerce Division of Community Assistance and Investment Fax Cover Sheet Date: 10. Y J. (3 To: A00 y k j9 p_T7 Faxnumber 2-5r2. Z`17` 3330 From: Mark D. Zeigler, AICP-Community Development Planner Office of Community Planning South East Regional rield Office 127 Cardinal Drive Extension, Wilmington, NC 28405 Tel. (910) 796-7268 Fax. (910) 350-2004 E-mail: mzelgler@nccommerce.com Remarks: (fv.". gyp..- lhn f Number of pages including cover sheet: Z 3 0 LWA7 � j OCT 2 2 2013 DCM-MHD MY 10-21-'13 14:55 FROM- T-325 P0002/0002 F-5900 r At'*7f.0�J* NCDEEWR' North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 21, 2013 MEMORANDUM: Division of Coastal Management Braxton C. Davis Director TO: Mark Zeigler WiRO Division of Community Assistance John E. Skvarla, III Secretary OCT 2 2 2013 hTy„ alai Mari FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/Dredge & Fill Permit Application Review Applicant: Nikolai Kruger Project Location: 112 SE 73rd St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 41 /V&, 4�' DATE 127 Cardinal Dnve Ext., Wilmington, NC 2M Phone: 910-796.72151 FAX: 910.395-3964 Internet: www riccoastalmanagement.net An Equal oppondnily lAffi mefive Acton Employer Pat Mccror�-' Governor October 21, 2013 MEMORANDUM: NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C Davis Director TO: Renee Gledhill -Early Dept. of Cultural Resources Archives & History ;, -i 222013 Cx I" John E. Skvarla, III Secretary S td I 4111 10 FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/Dredge & Fill Permit Application Review Applicant: Nikolal Kruger >. u,U I l-5 >© zsgj Project Location: 112 SE 73rd St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. , T`his agency objects totheproject for reasons described in the attached comments. SIGNED ,,,This �1LL,0.fku- Z i Sit _ DATE j Q - 23 - L3 RECEIVED 127 Cardinal Dnve Ext., Wlmmglon, NC 28405 Phone. 910.79&7215 ! FAX: 910395-3964 Intemet www nctoastalmanaoement net 0 C T 3 0 2013 m EgLo Opoat�my Ahmr m AcW Ermcyv DOWMHDCITY OCT 2 3 20V Pat McCrory Governor October 21, 2013 MEMORANDUM: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary TO: Dan Sams District Manager DEMLR - WiRO RECEWM OCT 29 2013 DCM WM crry fJ Oz i 7 2013 FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/Dredge & Fill Permit Application Review Applicant: Nikolai Kruger Project Location: 112 SE 73rd St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This �agency objects to the project for reasons described in the attached comments. SIGNED DATE bcf Z5 z0i 3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www,ncooastalmanaaement.net An Equal Opportunity \ Affirmative Action Emgoyer D Pat McCrory Governor October 21, 2013 MEMORANDUM: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary TO: Georgette Scott Stormwater Section DEMLR - WiRO V_GE1VE OCT 1 12013 FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/Dredge & Fill Permit Application Review Applicant: Nikolai Kruger Project Location: 112 SE 73`d St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggett at the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. /Yl�� /L�ln co u�-L b y This agency objects to the project for reasons described in the attached comments. SIGNED �w DATE l D /y2- b 3 7. RECEIVED 127 Cardinal Drive Ext, Wilmington, NC 28405 NOV 0 6 2013 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal OpporlunityV Affirmative Action Employer DCM-MHD C1W , A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary October 21, 2013 MEMORANDUM:�'��V� OCT TO: Debra Benoy 212013 District Manager Public Water Supply FROM: Doug Huggett, INC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/Dredge & Fill Permit Application Review Applicant: Nikolai Kruger Project Location: 112 SE 73rd St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. "Thi objects to the project for reasons/d�escribed in the attached comments. SIGNED � DATE I Oh L,20 / _-Z, RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 NOV 13 2013 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nocoastaimanacement.net An Equal Opportunity 1 Affirmative Action Emooyer DCM-MRD CITY p6 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary October 21, 2013 r RECMM MEMORANDUM: TO: Shannon Jenkins NOV 0 8 2013 NH DEH Shellfish Sanitation Section Draunffmcrr. FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA /Dredge& Fill Permit Application Review Applicant: Nikolai Kruger Project Location: 112 SE 73rd St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggett at the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Ira 1 I i 3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395.3964 Internet: www.nccoastalmanagement.net An Equal Oppodunity \ Affirmative Action Employer Pat McCrory Governor October 21, 2013 MEMORANDUM: TO FROM SUBJECT: Applicant: � r am;NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director RECEIVED Secretary Jessi Baker Fisheries Resource Specialist Division of Coastal Management NOV 0 6 2013 DCM-MHDCrry a Cr A di 201.7 Doug Huggett, NC DENR-DCM Major Permits Co y W71' 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA/Dredge & Fill Permit Application Review Nikolai Kruger 2g f Project Location: 112 SE 73Id St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to construct a single-family dwelling with a wooden, elevated access bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggtett at the address above by November 14, 2013. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1� DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910395-3964 Internet: www ricccastalmanagement.net An Equal Opportunity \ Alfirrnative Aclim Employer Recommendations for State Permit- Nikolai Kruger 10/21/13 It is the opinion of this office that the proposed work is consistent with the Use Standards for Ocean Hazard Areas, as set forth in NCAC 07H .0306 & .0308. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the following conditions: 1. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 2. The structure must set back a minimum of 60 feet from the first line of stable natural vegetation, as determined by the DCM. 3. The permittee is required to contact the DCM shortly before he plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. 4. All construction shall comply with building requirements of the N.C. Building Code, and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provision of the building code or a flood damage prevention ordinance is inconsistent with any AEC standards, the more restrictive provision shall apply. 5. All structures authorized by this permit shall be relocated or dismantled when they become imminently threatened by changes in shoreline configuration. All structure(s) shall be relocated or dismantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permittee's right to seek authorization of temporary measures allowed under CRC Rules. 6. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 7. The retaining walls must be constructed prior to any backfilling activities. 8. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 9. All buildings constructed within the ocean hazard area shall comply with the NC Building Code and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. 10. All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation. RECEIVED x 11. All pilings shall have a tip penetration greater than eight feet below the lowest ground el. vation under the structure. OCT 2 3 2013 12. Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed dune areas will be immediately stabilized. DCMM MCITY C 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: 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. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. RECEMD OCT 23 2013 DCM-MHDCITY Govoni, Daniel From: Timpy, David L SAW [David.L.Timpy@usace.army.mil] Sent: Thursday, December 12, 2013 10:06 AM To: Coburn, Chad; Huggett, Doug; Govoni, Daniel; Steenhuis, Joanne; Howell, Jonathan; Spencer, Thekla M SAW Cc: Coats, Heather; Wilson, Debra Subject: KRUGER, SAW-2012-01731, CAMA Major App, NWP18 Revised Plan Attached (UNCLASSIFIED) Attachments: LOT 3 EAST BEACH CAMA MAJOR SITE PLAN 12-11-13.pdf Classification: UNCLASSIFIED Caveats: NONE Reference the LAMA permit application and work plan sheet 1 of 1 dated revised 12-6-13 (copy attached) submitted by Nikolai Kruger to discharge approximately 0.08 acres of wetlands to construct a single family dwelling with a wooden elevated bridge at 112 SE 73rd Street, adjacent to the Atlantic Ocean, in Oak Island, Brunswick County, North Carolina. Based on the referenced application, this proposal meets the terms and conditions of NWP18 (Minor Discharges) provided the applicant obtains the required CAMA permit and complies with the terms and conditions of the CWA Section 401 Water Quality Certification for this project and obtains a CAMA permit for this activity. Thus, we have no objections to the project as proposed. The assigned Action ID for this project is SAW-2012-01731. Rimpy Project Manager Regulatory Division US Army Corps of Engineers, 69 Darlington, Avenue Wilmington, North Carolina Wilmington District PA:Ll.Y0131 I, Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE 5EGi AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: Lot 3. East Beach Subdivision PLAN NO. 0036-PG. 0121 PARCEL I.D. 250BLO210}3 STREETADDRESS:_ Irk r j Property Owner (please print): Nikolai Kruger The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on my behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): COMA I • Fe • Telephone: We hereb ce ify the above information submitted in this application is true and accurate to the best of our kno Property Ow erAuth zed Signature SEGiAuthorized Signature 6 6 20 ►3 Date Date I,, RECEIVED RECEIVED OCT 23 2013 DCM WILMINGTON, NC AUG 2 7 2013 DC,14 V DCffy fix\ MAJOR PERMIT FEE SCHEDULE Kruger for East Beach S/D lot 3 / $400 / Brunswick Co. DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does of involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does of 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, r 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 eneral Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (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 W1. $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or o an water areas: $475 60% $285 40% $190 RECEIVED OCT 23 2013 DC..V,NmDCrM CCDEENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director October 21, 2013 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Nikolai Bruger Major Public Notice John E. Skvaria, III Secretary Kyle & Heather: Please publish the attached Notice in the Thursday, October 24, 2013 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support Techni Division of Coastal Management Enclosure cc: WiRO RECEIVED Doug Huggett i Dave Timpy Michele Walker OCT 2 3 2013 DCM.M11DCrrY 127 Cardinal Drive Ext., Wilmington, NC 28405 One Phone: 910-796.7215\FAX:910-395-3964Internet: www.nccoastalmanagement.net No Carolina An Equal Opportunity \ Aflirrnative Action Employer Rurally NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for development permit in an Area of Environmental Concern as designated under the CAMA was received complete on October 16, 2013. According to said application, Nikolai Kruger proposes to construct a single-family dwelling and access bridge at 112 SE 7Yd St., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County. A copy of this entire application may be examined or copied at the office of Heather Coats, N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 14, 2013, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. 127 Cardinal Drive U., Wilmington, NC 28405 Phone: 910.796-72151 FAX: 910.395.3964 Intemet: www.nccoastalmanagement.net An Equal Oppo0unily 1 Affurative Action Employer RECEIVED OCT 23 2013 DC.%f- MCITy Naurallb, eCarolina joutkern L-nvironmental Group) Inc. 5515 5. College (load, Suite E, • Wilmington, North Carolina 28+12 910.452.271 I • Fax: 910.452.2899 • oifice@segi.us i CAMA Major Permit Application for Lot 3 East Beach Subdivision Oak Island, Brunswick County, North Carolina 27 August 2013 Prepared for: Mr. Nikolai Kruger 12450 Preservation Point Drive Charlotte, NC 28216 910.907.3350 snowbeetle l a,aol.com RECD AUG 2 7 2013 RECENED OCT 2 3 2013 DCMMHDCTTY Prepared by: Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 910.452.2711 dlutheran(o,segi.us RECEIVED DCM WILMINGTON, NC AIM 2. 7 9013 Lot 3 F—ast beaA C iMA Major Permit Application 5r-Gi Table of Contents Section Title 1 Page 1.0 Project Location 1 2.0 Project History 1 3.0 Existing Conditions 1 1 4.0 Project Description 5.0 Environmental Impacts 2 5.1 Section 404 Wetland Impacts 2 5.2 Development within the Ocean Erodible Area 2 6.0 Adjacent Riparian Property Owners 2 7.0 Division of Coastal Management (DCM) Applications 2 8.0 Summary 3 Appendices Appendix Description Page A Vicinity Map B Brunswick County Property Map C Property Deed D Proposed Site Plan iv E Wetland Delineation Information Packet v F Ocean Erodible Waiver Form vi G Riparian Property Owner Notifications vii H DCM MP-1 Application for Major Development Permit ggCENED viii I DCM MP-2 Excavation and Fill ix J DCM MP-3 Upland Development x K DCM MP-5 Bridges and Culverts I)CI MdilDOTY xi L CAMA Major Permit Filing Fee and Agent Authorization xii Ht=Ut_IVtLJ DCM WILMINGTON, NC TOC -i AUG 2 7 2013 Lot 3 East beach CAMA Major permit Application � Ydv q " -Lu " j 3) 5E.G1 1.0 Project Location The project is located at 112 North 73`d Street, within the Town of Oak Island, in Brunswick County (see Appendix A). According to the Brunswick County GIS Tax Information website, the parcel is owned by Nikolai Kruger and Kristin M. Kruger. The parcel ID assigned to this property is 250BLO2103 (see Appendix B and Q. 2.0 Project History: Greenwood Development Corporation, in conjunction with Circa Development, Inc., obtained a Division of Coastal Management CAMA Major Permit authorizing the development of 8.17 acres of land located within an Ocean Hazard Area AEC. Action permitted under the CAMA Major Permit included the permanent fill of 0.082 acre of freshwater wetlands. The fill was necessary to provide parking areas to the interior lots, specifically lots 2 and 3. Mitigation to offset the anticipated impacts to wetlands consisted of creating 0.244 acre of freshwater wetlands and the preservation of the remaining wetlands. hi addition, two elevated boardwalks were to be constructed (one off 73 d Street and the other off 74d' Street). These boardwalks were to provide the public access to the East Beach subdivision's private boardwalk, which leads to the beach. The following permits were secured for the work: Permit Name Permit No./Project No. Date Issued Expiration Date CAMA Major 117-06 10/30/07 12/31/09 Sediment and Erosion Control Bruns-2006-207 1/9/06 401 Water Quality Certification 060539 5/19/06 Expired Stormwater Management SW8050209 3/7/05 ACOE Jurisdictional Determination 2004-01214 12/27/04 12/27/09 Nationwide Permits 12 & 18 1 2006-32514 6/6/06 Ex ired Wastewater Collection W00024875 3/18/06 Authorization to Construct 0500240 3/17/05 3.0 Existing Conditions To date, all the infrastructure and utilities have been installed and lots 5-18 have been built out. Lot 1 is currently being developed, while 24 remain undeveloped. Wetland impacts proposed for the parking pads and access drives to lots 2 and 3 have not taken place, and the public access walkways off 73 d street and 7e street have not been constructed. The creation of 0.244 acres of wetlands has been fulfilled and the area placed into preservation. However, the US Army Corps of Engineers (USACE) has not deemed the creation effort successful. As part of the permit process, Southern Environmental Group Inc. (SEGi) performed a wetland delineation of the wetlands within the project limits and has completed the required forms#or I $view. (See Appendix E). This line was verified by Mr. Dave Timpy, with the USACE, during a field visit held on 4 December2012. OCT 23 2013 4.0 Project Description DCM-MAD CITY The property owner and "Applicant", Mr. Nikolai Kruger, intends to construct a single family dwelling and access bridge, along with associated parking on the 10,638 square foot lot. Heavy machinery, such as a dump truck and bulldozer will be utilized to bring in clean earthen fill and a bulldozer will be used to grade the lot. A RECEIVED DCM WILMINGTON, NC SEP 2 7 2913 Lot 3 F—ast Beach CAMA Major Permit Application Lf b>4 • W/ G / t 3) r Gi pile driver will be used to erect pilings for the bridge, which will provide access to the lot. Compacted gravel will be used for part of the access drive and parking pad. A small storage shed (8' x 16') will be situated to the east of the dwelling. The remainder of the lot will be sodded or left to re -vegetate naturally. Please see Appendix D for details. 5.0 Environmental Impacts 5.1 §404 Wetland Impacts A depressional, freshwater marsh is situated in the middle of the subdivision and spans across the property from 73d to 74fh Streets. A good portion of this feature covers the subject lot. An attempt was made to exchange HOA common space for wetlands, which would have removed the need to impact wetlands. Unfortunately this attempt was unsuccessful. The lot is not buildable without impacts to §404 wetlands, but the Applicant expressed his desire to minimize the impacts to the greatest extent feasibly possible. With that said, an access bridge and a series of retaining walls, in areas where wetland impacts are necessary (see Appendix D) have been incorporated into the plan. The bridge will be constructed of treated lumber and will be situated at least 3 feet above the substrate, from the bottom of the support beams. Boards will be spaced adequately to maximize sunlight under the structure, and pilings will be spaced as to not restrict water flow. Permanent impacts to wetlands will be limited to the access drive, parking, dwelling, and shed. As a result of the construction, approximately 3,965 square feet (0.091 AC) of §404 wetlands will be permanently filled. A temporary construction buffer has been added to the plan to ensure that laborers are provided adequate work space. This area encompasses approximately 334 square feet (167 linear feet of bulkhead x 2' wide construction buffer). Cumulative impacts (permanent and temporary) are anticipated to be 4,299 square feet (0.098 AC). Once construction of the walls is complete, the area will be returned to its natural grade and contour and allowed to re -vegetate naturally. Please refer to Appendix D for details. Based on the Applicant's willingness to incorporate these minimization measures into the site plan, SEGi feels that the USACE's compensatory mitigation requirements have been met. 5.2 Development within the Ocean Erodible Area The Applicant has read and understands the special risks and conditions associated with development in the Ocean Erodible Area (see Appendix F). 6.0 Adjacent Riparian Property Owners As required, the adjacent riparian property owners were notified of the proposed construction. Copies of the notifications and the returned certified green cards have been attached to this report as Appendix G. 7.0 Division of Coastal Management (DCM) Applications The following DCM application forms are applicable to the proposed development and have been attached to this document: • DCM MP-1 (see Appendix H) • DCM MP-2 (see Appendix I) • DCM MP-3 (see Appendix J) • DCM MP-5 (see Appendix K) RECEIVED OCT 23 2013 RECEIVED DCM WILMINGTON, NC OCT 1 1 2013 DCM-MHDCITY Lot 3 E,ast beach CAMA Major Permit Application C rw • q — Ut -13) 5r G i 8.0 Summary In summary, the Applicant has retained Southern Environmental Group, Inc. to secure Division of Coastal Managements', US Army Corps of Engineers', and Division of Water Resources' approval to construct a dwelling and associated access at 112 S.E. 73'd Street, which is a lot located within an Area of Environmental Concern (see Appendix L). To facilitate the development impacts to §404 wetlands is necessary. The Applicant has avoided and minimized impacts as much as feasibly possible and is not proposing further compensatory mitigation as part of this permit process. The Applicant and SEGi feel that the proposed site plan is the least environmentally damaging, practicable alternative. RECEIVED OCT 23 2013 RECEIVED DCM WILMINGTON, NC SEP 2 7 2913 3 DCM-M1ID CITY o� Yam• IS Y f K � P i 4 K4.9c Grant jra ;T6_%•Wilmington - Nassnboio C NyRle 6rsva n -s,ndua.re 3� U �aY YsfYnd z 2 pCittrtU a •2 � W6 gg Zi A. 6 Fp k' _{-Feria . 6 row 41b4 a pA L �, 8.F0/Wv6.F.o cnDM MKYIV K EPA.b' Z E�ol%-W K E b q OCT 2 3 2013 RECEIVED DCM WILMINGTON, NC Allr. 9,7 2013 DCM-YHD CITY Brunswick County GIS Parcel Boundary Map for Lot 3, East Beach S.D. IVED JGTON, NG OCT 23 2013 AUG 2 7 2013 DCM•MHDMY North Carolina Pat McCrory Governor Southern Environmental Group, Inc. c/o Dana Lutheran 5315 S. College Rd., Suite E Wilmington, NC 28412 Dear Ms. Lutheran: AWA NCDENR Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director October 21, 2013 John E. Skvarla, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Nikolai Kruger, for State approval for development of the subject property located 112 SE 73rd St (Lot 3, East Beach Subdivision), in Oak Island, Brunswick County. It was received as complete on October 16, 2013 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 26, 2013. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from October 16, 2013, you may request a meeting with the Director of the Division of Coastal Management and permit stab to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Heather Coats Field Representative cc: Ted Tyndall, DCM Dave Timpy, COE Doug Huggett, DCM Debra Wilson, DCM Donna Coleman, LPO, Oak Island Nikolai Kruger, Applicant RECEIVED OCT 23 2013 DCM-MHDCTTY 127 Cardinal Drive EA., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 9103953964 Internet: www,nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer i LAMA PERMIT APPLIED FOR Applicant proposes to construct a ie COMMENTS ACCEPTED THROUGH November 74, 2013 APPLICANT: SEGL Inc. c/o Dana Lutheran 5315 S. College Rd., Suite E Wilmington, NC 28412 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Heather Coats, Field Representative 910-796-7215 U A � i Z li-� ,. f'9sh F: �s;ti Q r > f r Brenda M. Clemmons Register of Deeds Brunswick County, RC GEr,.,_;,„+1-•r=,'rd, � z 04-12-2013 13:34:39.000 NC REVENUE STAMP: $189 - 1p3429911 e`T JJ a NORTH CAROLINA SPECIAL WARRANTY DEED U Excise Tax: Parcel Identifier No.: 250BL02103 Verified by County on the f day of 20 By: Mail/Box to: Johnson & Moore P.A., 8505E Oak Island Drive Suite 2 Oak Island NC 28465 This instrument was prepared by: Honeycutt Law Firm PLLC 2101 Rexford Road Suite 160W Charlotte NC 28211 Brief description for the Index: Lot 3 of East Beach Subdivision, Brunswick County, NC 28465. THIS DEED made this day of 2013, by and between GRANTOR FBSA I, LLC A Florida Limited Liability Company Post Office Box 3508 Spartanburg, SC 29304 Nikolai Kruger and Kristin IN. Kruger, his wife 12450 Preservation Pointe Drive Charlotte, NC 28216 Enter in appropriate block for each Grantor and Grantee: name, mailing address and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said partim their heirs, successors, and assigns, and shall include singular, plural. masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuableconsideration paid by the Grantee, the receipt of which is hereby acknowledged,bas and by these presents does grant, bargain: sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the BRUNS WICK COUNTY, North Carolina and more particularly described as follows: BEING all of Lot3 of East Beach Subdivision as shown on that Plat of Survey for East Beach Subdivision by Robert B. McHenry, Jr., PLS, said plat duly recorded in Map Cabinet 36 at Page 12 t in the Office of the Brunswick County Register of Deeds. ADDRESS OF PROPERTY: 112 SE 73r4 Street Oak Island, NC 28465 County of Brunswick Tax Parcel No. 250BLO2103 /V This instrument was prepared by a licensed North Carolina attorney. Delinquent taxes, if any, to be paid P by lha rinsinv attornev to the Brunswick County Tax Collector uoon disbursement of closing nrnr d4_ fee simple. - And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and that Grantor will not warrant or defend the title against the lawful claims of any persons claiming by, under or through Grantor, other than the following exceptions: SEE ATTACHED EXHIBIT A. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. FBSA 1, LL lorida 1' i liability company Randy J.N F er FBSA 1, LLC Print(rype Name &Title: Randy Foster, Ns ee o e ea gy_ Estate Holding Trust uh0d 9/2512008 Print/Type Name & Title: Printrrype Name & Title: Print/Type (SEAL) Printfrype Name,. - (SEAL) Print/Type Natne: (SEAL) Printrrype Name - State of - County or City of 1, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of , 20_ My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of South Carolina - County of Spartanburg 1, the undersigned Notary Public of the County or City ofSpattanburg and State aforesaid certify that Randy J. Foster personally came before me this day and acknowledged that he is the :i: of FBSA 1, LLC, a Florida limited liability company, and that by authogw, dµly given and as the act of such entity, be signed the foregoing insantment ig its name on its behalf as its act and dee$�\Jkbtp s t ia9d and Notarial stamp orseal, this J7114 day of 2013. " � , � , ,: ;. � l izlls.�.t.►.,. Ili �!� `�' My Commission Expires:_ t1A NotaryPublic (Affix Seal) r— 1T— ' Notary's Printed or Typed Name State of - County or Ciiy 1, the undersigned Notary Public ofthe County State aforesaid, certify that Witness my hand and Notarial stamp or seal, this _ day of 20 Ja:. 0 W U W 11 My Commission Expires: S',y Public ■ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpieee, or on the front if space permits. 1. Article Addressed to: -e-i,tcy i rn mod 6o SS n Fi>rin;j Z 1 u II A. X ❑ Agent B. Recel by (Printed Name) I C. Dat�9'of Delivery D. Is delivery address different from Rem 1? YeCI s If YES, enter delive"&Miow: ❑ No OCT $3 1013 3. Ice Type Certified 1j I ❑ Regis[e ❑ a u pt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ YM 2. Article Number7009 3410 0001 3383 1377 (transfer from service label) PS Form 3811, February 2004 _ Domestic Return Receipt 102595e2-r4-1sna UNITED STATES POSTAL SERVICE I I I I First -Class Mail Postage &Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box SECT SWIM EWAROWENTAI CROUP, Inc. 5313 S. CdIEGE RoAd SUITE E NWWmgTon, NoRdi CAROhNA 28412 'I II" 111111111.1 ' 1111111.1'I 1111111 1111.1111 5outkern E-nvironmental Group, Inc. 5515 jouth College Road, Suite E, Wilmington, NC 28t12 910.452.2711 - Faw 910.452.2699 - �gi.us 11 June 2013 Certified Mail / Return Receipt Requested Mr. Matthew Bolesky and D.E. Michaud 60 Sun Forest Road Chapel Hill, NC 27517 MSEGi Project #: 11-013.01 Re: CAMA Major Permit Adjacent Riparian Property Owners Notification Lot 3 East Beach Subdivision To whom it may concern: With this correspondence, Southern Environmental Group, Inc. (SEGi) is notifying you of the proposed construction of a residential dwelling with associated access bridge and driveway. SEGi has been retained by the property owner, Mr. Nikolai Kruger, herein referred to as the "Applicant', to notify the adjacent property owner(s) and to apply for a Coastal Area Management Act (CAMA) Major Permit. The Applicant intends to construct a single family dwelling and access bridge, along with associated parking on the 10,638 square foot lot that is located within the Ocean Hazard Area of Environmental Concern. Heavy machinery, such as a dump truck and bulldozer will be utilized to bring in clean earthen fill and a bulldozer will be used to grade the lot. A pile driver will be used to erect pilings for the bridge, which will provide access to the lot. The bridge will be constructed of treated lumber and will be situated at least 3 feet above the substrate, from the bottom of the support beams. Pilings will be spaced as to not restrict water flow. Concrete will be used for the parking pad on the lot. To facilitate the development, 3,498 square feet (0.08 acre) of §404 jurisdictional wetlands will be filled. This action is part of the permitting process and will be reviewed by the US Army Corps of Engineers and NC Division of Water Quality, to ensure it is in compliance with the Clean Water Act. The impact has been minimized by incorporating a bridge and retaining walls into the design plan. The wetland impacts will be mitigated for through payment to the Stone Farm Wetland Mitigation Bank, at a 2:1 mitigation to impact ratio. To assist you in the decision making process of the proposed construction, attached you will find the Permit Applications and Site Plan. The Applicant and SEGi requests that you sign the enclosed form letter, and return it, in the self addressed stamped envelope. This will help to expedite the CAMA permit process. If you should choose not to respond to this letter, the Division of Coastal Management will assume there is no objection to the proposed activity. For questions regarding the permitting of the proposed activity, please call the North Carolina Division of Coastal Management (Ms. Heather Coats) at 910.796.7424 or visit their office at 127 Cardinal Drive Extension, Wilmington, North Carolina. For questions regarding the methods and/or timing of construction, please contact the builder, Mr. Ken Kiser, at 910.524.0633. Peel free to call our office at t Fi EC - EIVED OCT 23 2013 DCM WILMINGTON, NC AUG 2 7 2013 DCM•MHDCrrY 910.452.2711, for information regarding Areas of Environmental Concern (AEC) or other environmental issues. Thank you for your time and assistance with this project. Sincerely, Dana A. Lutheran SEGi Project Manager Enclosures: Permit Applications Site Plan Form Letter Self-addressed Stamped Envelope RECEIVED OCT 23 2013 DCM M11D CITY RECEIVED DOM WILMINGTON, NO AUG 2 7 2013 ■ Complete items 1, 2, and 3. Also complete A, item 4 If Restdded Delivery is desired. - X ■ Print your name and address on the reverse so that we can return the card to you. �. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: - F e-®- Bwzjk -POD 51 2-8 s�Uo ?CC d �-OA �.4'1G�ritri�-e, i�lG ag21�v � Agent ❑ Addressee C. Date of Delivery No OCT 23 209 O ros, 13 WDC" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? Pdra Feel ❑ Yes z. Article tazufroromesemrce faheq 7009 3 410 0001 3383 13 6❑ Ps Form 3811, February 2004 Domestic Return Receipt 1026W I2-M-154r ! UNITED STATES POSTAL SERVICE I I I II I First -Class Mail Perms e & Fet' 1d • Sender: Please print your name, address, and ZIP+4 in this box Soud*m 6MWWMA CAap ira 3313 S. CAW RoW Sufic E Wk*qo% N=k CAjajM 28412 _ .. =u il�i'�I�IrINri"I�ilrirlirliiillllrliirlrilrllr'IIIIfI(1r1irllii jouthern environmental Group, Inc. 5515 rjoutk College Road, Suite E, Wilmington, NC 28412 910t32.2711 • Fax 910.452.2899 • w .segi.us 11 June 2013 Certified Mail / Return Receipt Requested East Beach Property Owners Association 5128 Shadow Pond lane Charlotte, NC 28226 �EQ Project #: 11-013.01 Re: CAMA Major Permit Adjacent Riparian Property Owners Notification Lot 3 East Beach Subdivision To whom it may concern: With this correspondence, Southern Environmental Group, Inc. (SEGi) is notifying you of the proposed construction of a residential dwelling with associated access bridge and driveway. SEGi has been retained by the property owner, Mr. Nikolai Kruger, herein referred to as the "Applicant', to notify the adjacent property owner(s) and to apply for a Coastal Area Management Act (CAMA) Major Permit. The Applicant intends to construct a single family dwelling and access bridge, along with associated parking on the 10,638 square foot lot that is located within the Ocean Hazard Area of Environmental Concern. Heavy machinery, such as a dump truck and bulldozer will be utilized to bring in clean earthen fill and a bulldozer will be used to grade the lot. A pile driver will be used to erect pilings for the bridge, which will provide access to the lot. The bridge will be constructed of treated lumber and will be situated at least 3 feet above the substrate, from the bottom of the support beams. Pilings will be spaced as to not restrict water flow. Concrete will be used for the parking pad on the lot. To facilitate the development, 3,498 square feet (0.08 acre) of §404 jurisdictional wetlands will be filled. This action is part of the permitting process and will be reviewed by the US Army Corps of Engineers and NC Division of Water Quality, to ensure it is in compliance with the Clean Water Act. The impact has been minimized by incorporating a bridge and retaining walls into the design plan. The wetland impacts will be mitigated for through payment to the Stone Farm Wetland Mitigation Bank, at a 2:1 mitigation to impact ratio. To assist you in the decision making process of the proposed construction, attached you will find the Permit Applications and Site Plan. The Applicant and SEGi requests that you sign the enclosed form letter, and return it, in the self addressed stamped envelope. This will help to expedite the CAMA permit process. If you should choose not to respond to this letter, the Division of Coastal Management will assume there is no objection to the proposed activity. For questions regarding the permitting of the proposed activity, please call the North Carolina Division of Coastal Management (Ms. Heather Coats) at 910.796.7424 or visit their office at 127 Cardinal Drive Extension, Wilmington, North Carolina. For questions regarding the methods and/or timing of construction, please contact the builder, Mr. Ken Kiser, at 910.524.0633. Please feel free to call our office at 910.452.2711, for information regarding Areas of Environmental Concern (AEC) or other environmental issues. RECEIVED RECEIVED s DCM WILMINGTON, NC OCT 23 2013 AUG 2 7 2013 DCM-MMCITY Thank you for your time and assistance with this project. Sincerely, Dana A. Lutheran SEGi Project Manager Enclosures: Permit Applications Site Plan Forth Letter Self-addressed Stamped Envelope V. RECEIVED OCT 23 2013 DCM.MADCITy Southern environmental Group, Inc. 15 College Koad juite L- Wilmington, North Carolina 28412 910.452.271 1 • Fax: 910.452.2899 ' office@5cgiu5 www.segi.us Wetland Determination Information Package Date: 08/30/2012 Project Name: Owner: Phone Number: Parcel ID: 73rd and 74th Street Lots SEGi Project #: 012-013.01 Mr. Nikolai Kruger 12450 Preservation Point Charlotte NC 28216 704.907.3350 250BLO2103 Physical Site Address: 112 SE 73rd Street, Oak Island County (No.): Brunswick (10) Project Size (Acres): 0.24 Past Actions: None known Subdivision Name, Lot Number: NA Applicant (If different from Owner): Directions to Site: From Southport, follow Country Club Road to Oak Island. Right onto E. Oak Island Drive. Left onto SE 73rd and SE 74th Streets to ends. Nearest named waterbody to which site is hydrologically connected: Atlantic Ocean Name, Number of Drainage Basin: Cape Fear, 03030005 Lat / Long (DD.MMMM): 33.9063°N / 77.0921°W USGS Quad Name: Southport Wetland Acreage: 0.2 total Linear Footage of Stream: Attached: This document is part of the CAMA Major Permit Application Packet OCT 23 2013 RECEIVED DCM WILMINGTON, NC Allr, 2 7 2013 Dt:M'VM CITY WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region ProlecvSite: O7 R SI, ,.1 g3"d4q44 A 1.+.S CityMounty: n 84:4 a T ' eI Sampling Date: 4-3-IZ ApPficenVOwner�.. j1 10:k I .)(Y/''uq {� _.% —Stale: /1/C. Sampling Point: Investigator(s): LM.��A 5';b4/11 . 5612 Section, Township, Range: NL� Landfomh (hillslope, termer:. etc.):. A U m e— Local relief (concave, convex, none):Cc!riWA Slope Subregion (LRR or MLRA): LfZF—Let A13-4, 703 Long: W 96, 092i Datum: mm Soil Map Unit Name: -2", kg4ii NWI classification: j?�'A4 j Are climatic I hydrologic conditions on the site typical for this time of year? Yes No_ (If no, explain in Remarks.) Are Vegetation _, Soil _, or Hydrology _ significantly disturbed? Are 'Normal Circumstances' present? Yes No Are Vegetation _, Soil _, or Hydrology _ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophylic Vegetation Present? Yes No Is the Sampled Area Hyddc Soil Present? Yes No X Hydrology within Wetland? Yes_ No WellandH y ogy Precent7 Ye No Remsrks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouired) Primary Indicators (minimum of me is rsouired check all that apply) _ Surface Soil Cracks (B6) _ Surface Water (A1) _ Aquatic Fauna (813) _ Sparsely Vegetated Concave Surface (86) _ High Water Table (A2) _ Mad Deposits (P15) (LRR U) _ Drainage Padems (810) _ Saturation (A3) _ Hydrogen Sulfide Odor (CI) _ Mau Trim Lines (B16) _ Water Marks (B1) _ Oxidized Rhizospheres along Living Roots (C3) _ Dry -Season Water Table (C2) _ Sediment Deposits (82) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (CB) _ Drift Deposits (83) _ Recent Imn Reduction in Tined Soils (CS) _ Saturation Viw''ble on Aerial Imagery (Cg) _ Algal Mat or Crust (1114) _ Thin Muck Surface (C7) _ Geomorphic Position (D2) _ Iron Deposits (BS) _ Other (Explain in Remarks) _ Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (B7) _ FAC•Neulmi Test IDS) _ Water -Stained Leaves eg) _ Sphagnum moss (DB) (LRR T, U) Field Observations: Surface Water Presenl7 Yes _ No, Depth (Inches): Water Table present? Yes _ No Depth (inches): 72 Saturation Present? Yes _ No _ Depth (inches): > 2 Wetland Hydrology Present? Yes_ No%� includes capillary trio e Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), If available: Remarks: RV 111111117TI US Army corps of Engineers 0 C T 2 3 2013 M All and Gen coastal Plain R g JF I V E D l MINGTON, NC DCMMriDCITY AUG 2 7 2013 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: (fT /� j Absolute Dominant indicator Dominance Test vorksheet: /j Tree Stratum (Plot size: � ) %Cover .$CSI€i? �Status Number of Dominant Species 1. That Are OBL, FACW, a FAC "" (A) 2. Total Number of Danlneni 3. Species Across All Strata: (B) 4. Percent of Donsinent Species (�5 5. That Pre OBL, FACW, a FAC: iY/_ (AB) 7. = Total Cover 50% of Attollellccoover: 20% of total covert Saolina/Shrub Stratum (Plot size: /) 1. 2. 3. 4. 5. 6. 7. 8. = Total Carer 50%dtotal cover: 20% of total ewer, Herb Stratum (Plot size: 1. Ameng1lJo, 2. 3. 4. 5. 6. 7. 11. 12. r�r JCL = Total Cover 50% of total cover: 45 20% of total cover. Woody Vine Statum (Plot size: ) 1. 2. 3. 4. 5. = Tdel Cover 50% of total cover: 20% of total cover. _ US Army Carps of Engineers OCT 23 2013 Total %Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = BfA= _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test Is >50% _ 3 - Prevalence Index is 53.0' _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hyddc soil and Wetland hydrology must be present, unless disturbed or problematic. Tree - Woody plants, excluding vines, 31n. (7.6 cm) a more In diameter at breast height (DBH), regardless of height. SaplinglShrub - Woody plants, excluding vines, less then 31n. DSH and greater then 3.28 it (1 m) tell. Herb -All herbaceous (non -woody) plants, regardless of size, and woody plants less then 3.28 a tall. Woody vine -All Woody vines greeter than 3.28 tl In height. Hydrophytic Vagelallon Present? Yes_ No 14 Atlantic and Gulf Coastal Plain RegionfaFaQEIVED DCM WILMINGTON, NC DCM IMm CITY AUG 2 7 2013 SOIL Sampling Pant: Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Matrix Redox Features (inches) Calm moist % Color(mdstl °h Twee Loc' Texture Remarks 0-17—+ lO Z 52 O- — — G, S. 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Mesked Sand Grains. 'Location: PL=Pore Linin . M=Mahix. Hydric SoR Indicators: (Applicable to all LRRs, unless othervAse noted.) Indicators for Problematic Hydric Solis°: _ Histosd (All _ Pdyalue Below Surface (SB) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ HISUc Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) _ Black Histic (A3) _ Loamy Mucky Mineral IN) (LRR O) _ Reduced Verlic (FIB) (outside MLRA 150A,B) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplein Solis (1`19) (LRR P, S, T) _ Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Solis (F20) _ Organic Bodies (A5) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 153B) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (177) _ Red Parent Materiel (TF2) _ Muck Presence (A8) (LRR U) _ Redox Depressions (FB) _ Very Shallow Dark Surface (TF12) _ t cm Muck (A9) (LRR P, T) _ Mad (F10) (LRR U) _ Other (Explain In Remarks) _ Depleted Below Dark Surface (At 1) _ Depleted Ochric (F11) (MLRA 151) _ Thick Dark Surface (Al2) _ Iran -Manganese Masses (F12) (LRR O, P, T) 3lncilcators of hydrophytic vegetation and _ Coast Praide Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, _ Sandy Mucky Mineral (81) (LRR O, S) _ Delta Ochdc (F17) (MLRA 151) unless disturbed or problematic. _ Sandy Gleyed Matrix (S4) _ Reduced Vertic (FIB) (MLRA 150A, 150B) _ Sandy Redox (S5) _ Piedmont Floodplaln Solis (FI9) (MLRA 149A) _ StrOped Matrix (86) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soli Present? Yes_ No_X_ Remarks: US Army Corps or Engineers Atlantic and Gull coastal Plain Region —�,QE I V E D OCT 2 3 2013 DCM WILMINGTON, NC DC-V-VffDClTY AUG 2 7 2013 WETLAND DETERMINATION DATA FORM - Atlantic and t Coastal Plain Region Projecl/Site: Sampling Dale: / i-lo-17- Sampling Point: Q //! Investigalor(s): 1 pl it .�cj be7lza i C11 �G r Section, Township, Range: Ait'r Landform (hillslope, terrace. etc ): h a v 5 h Local relief (conceve, convex, none): 11.1`,o.t Slope (%): _ Subregion (LRR a MLRA)-:-tom L-Z T T Let: �J 3?i. 90b Z Long: W%, 091Z Datum: Aboss Soil Map Unit Name: Pvtck.S-Y� NWI classification: PF/14IF Are climatic I hydrologic conditions on the site typical for this time of year? Yes —X— No _ (If no, explain In Remarks.) Are Vegetation _, Soil _, or Hydrology _ significantly disturbed7 Are'Normal Circumstances present? Yes X— No Are Vegetation _, Soil _, or Hydrology _ naturally problematic? (If needed. explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Son Present? Yes No Worland Hydrology Present? Yes NO withlna Weiland? Yes No Remarks: HYDROLOGY Weiland Hydrology Indicators: Secondary Indicators (minimum of two reoutredi Primary Indicators (minimum or one is reouired: check all that apply) _ Surface Soil Cracks (86) _ Surface Water (Al) _ Aquatic Fauna (B 13) _ Sparsely Vegetated Concave Surface (86) High Water Table (A2) Mad Deposits (B15) (LRR U) Drainage Patterns (B1O) _ Saturation (A3) _ Hydrogen Sulfide Oda (CI) _ _ Moss Trim Lines (BIG) _ Water Marks (81) Oxidized Rhizospheres along Living Rools (C3) _ Dry -Season Water Table (C2) _ Sediment Deposits (B2) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (CO) _ Drift Deposits (B3) Recent Iron Reduction in Tilled Soils (C6) Saturation Visible on Aerial Imagery (C9) _ _ Algal Mat or Cnal (84) _ Thin Muck Surface (C7) Geomorphic Position (D2) _ Iron Deposits (85) _ Other (Explain in Remarks) _ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (B7) FAC-Neubal Test IDS) WalerSlalned Leaves (B9) _ _ Sphagnum moss (DB) (LRR T, U) Field Observations: Surface Water Present? Yes— No Depth (inches): Water Table Present7 Yes ( No _ Depth (inches): y Saturation Present? Yes JL No _ Depth (inches): Welland Hydrology Prasant? Yes X No includes capilary frin e Describe Recorded Data (stream gauge, monitoring wen, aerial photos, previous Inspections), B available: Remarks: r US Army Caps of Engineers aWntk: and Gulf. Coastal Plain R@gion-'YMimgj—=1 V E D OCT 23 2013 DCM WILMINGTON, NC AUG 2 7 2013 VEGETATION (Four Strata) - Use scientific names of plants. Tree Stratum (Plot size: _A 1 1. 2, 3. 4, 5. 6. 7. 6. Sampling Point: k1dL / %Cover Species? -Status - Number of Dominent Species That Are OBL, FACW, or FAC: = Total Cover 50% of total cover: 20% of Idol ewer. _ Saolinc/Shrub Stratum (Plot size: /M ) 2. 3. 15. 6. 7. 8. = Total Cover 50% of total cover: 20% of total cover. Herb Stratum (Pia size: -3,x r ) 1. � a r ] ( rrlW 2. A drat t !>r.xirica�5i s 7__ FA CW 3. T� 4. 5. 6. 7. 6. B. 10. 12. = Total Cover 50%dtdalcover: ZS 20%dldal cover: IP Woody Vine Stratum (Plot size: 3 Y NOV z. 3. C 5. =Total Cover 50%dtdalcwer: 20%o(total cover:_ US Army Caps of Engineers O C T 23 2013 Total Number of Dominant Species Across All Strata: Percent of Dominant Species That Are OBL, FACW, a FAC: (A) 3 A (AM) Total %Cover of: Multiply by OBL species x 1 - FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index - B/A= _ 1 - Rapid Test for Hydrophytic Vegetation _ 2- Dominance Test is>50% _ 3 - Prevalence Index Is 53.0' _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hyddc soil and wetland hydrology must be present, unless disturbed or problematic. Tree - Woody plants, excluding vines, 31n. (7.6 cm) a more in diameter at breast height (DBH), regardless of height. Sapling/Shrub -Woody plants, excluding vines, less men 31n. DBH and greater then 3.28 ft (1 m) tall. Herb -AII herbaceous (non -woody) plants, regardless of size, and woody plants less then 3.2811 tali. Woody vine -AII woody vines greeter than 3,28 it in height. Hydrophytic Vegetation Present? Yes No Allanfic and Gulf Coastal Plain Region -VersioR 91 V E D DUO �,MLMINGTON, NC ACYt?u MCUY AUG 2 7 2013 SOIL Sampling Point: L�/91 Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Matrix Redox Features (inches) Color (moist) % Calm (most) % Twer Loc' Texture Remarks 0-3 TZ 3/z 0.0 _ _ _ Jrtu� Aj"J 3-I Iz R z L 'Type: C=Concentrellon. D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 'Location: PL=Pwe Lining. M=Matrix. Hyddc Sall Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hyddc Soils : _ Hislosd (All _ Pdprelue Beim Surface (SO) (LRR 5, T, U) _ 1 cm Muck (A9) (LRR O) _ Hlstic Eplpedan (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) _ Black Hislic (A3) _ Loamy Mucky Mineral (F1) (LRR O) _ Reduced Verfic (F18) (outside MLRA 150A,B) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodpleln Soils (1219) (LRR P, S, T) _ Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Sells (F20) _ Organic Bodies (AS) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 153BI _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) Red Parent Material (TF2) �[ Muck Presence (As) (LRR U) _ Redox Depressions (F8) _ _ Very Shallow Dark Surface (TF12) _ 1 cm Muck (AS) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain In Remarks) _ Depleted Below Dark Surface (At I) _ Depleted Ochde (F/1) (MLRA 151) _ Thick Dark Surface (Al2) _ Iron -Manganese Masses (F12) (LRR O, P, T) 'Indicators of hydrophydc vegetation and _ Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present. Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochdc (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Sandy Redox (S5) _ Reduced Venlc (F18) (MLRA 150A, 1506) _ Piedmont Floodpleln Solis (F19) (MLRA 149AI _ Stripped Matrix (86) _ Anomalous Bright Loamy Sale (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (Inches): Hyddc Soil Present? Yes —Z No _ Remarks: i US Army Corps of Engineers 0 C l 2 3 2013 Atlantic and Guff Coastal Plain Region — Version 2.0 RECEIVED "CM-,V.xJDCrry DCM WILMINGTON, NC AUG 2 7 2013 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completedby following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: SE 73°" St., 74a St. Lots State:NC County/parish/borough: New Hanover City: Oak Island Caner coordinates of site (lat/long in degree decimal format): lat. 33.90630 , Long. 77.0921 Universal Transverse Mercator: Name of nearest waterbody: Atlantic Ocean Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Atlantic Ocean Name of watershed or Hydrologic Unit Code (HUC): Cape Fear 03030005 Check if map/diagram of review area and/or potential jurisdictional areas is/am available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a differwt JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. BHA SECTION 10 DETERMINATION OF JURISDICTION. There M "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required) Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There 0 -waters of the US"within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet: width (fl) and/or acres. Wetlands: 0.2 acres. c. Limits (boundaries) of jurisdiction based on: 111987`Delineation Manual Elevation of established OHWM (if (mown): 2. Non -regulated waters/wetlands (check if applicable)? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain:. 1SC OCT 23 2013 Boxes chocked below shall be supported by completing the appropriate sections in Section Ill below. �r� RECEIVED 'For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows yeaa=Wik=mrous &CM-W re#M O fON, NC (e.g., typically 3 months). 'Supporting documentation is presented in Section M.F. AUG I G 2 7 2013 SECTION M: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section HI.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section HI.D.1.; otherwise, see Section HI.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: These lots are over the dune from the ocean. 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": These lots are over the dune from the ocean- B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapaues have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IH.DA. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HI.B.1 for the tributary, Section HI.B.2 for any onsite wetlands, and Section HI.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section HI.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Drainage area: MIMMEMOV Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationsluu with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through tributaries before entering TNW. Project waters are river miles from TNW Project waters areMW river miles from RPW. Project waters areaerial (straight) miles from TNW. Project waters areaerial (straight) miles foot RPW. Project waters cross or serve as state boundaries. Explain: RECEjVM Identify flow mule to TNW': Tributary stream order, if ]mown: OCT 2 3 2013 'Note that the Instructional Guidebook contains additional infatuation regarding miles, ditches, washes, and erosional features generally and in the avid WC3t. 1XIM ((!!1�y R E I V E D ' Flow route can be descried by idrntifying, e.g., tributary a, which flows through the review area, to flow into tributary wErc�tqqr�1pys,,p�p Ut IVI VVIL INGTON, NC AUG 2 7 2013 (b) General Tributary Characteristics (check all that apply)' Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick W. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. TypeN/s cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/n Melpool complexes. Explain: Tributary geometry: law Tributary gradient (approximate average slope): % (c) Flow. Tributary provides for: NNW Estimate average number of flow events in review area/year. 11AM, Describe flow regime: Other information on duration and volume: Surface flow is: . Characteristics: Subsurface flow: IBM. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWh (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving ❑ vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition ❑ water staining ❑ other (list): ❑ Discontinuous OHWM.' Explain: ❑ the presence of litter and debris ❑ destrction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abrupt change in plant community If factors other tban the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by. ® Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical rmrkhrgs/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iu) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: RECEM OCT 23 2013 'A natural or man-made disconlmuity in the OHWM does not necessarily severjurisdiction (e.g., where the so tern rarely flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OEI 'MIPJ he waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. Ord. RECEIVED DCM WILMINGTON, NC AUG 272013 (tv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian condor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Weiland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General � w e�lationshio with Non-TNW: Flow is: . Explain: . Surface flow is: Mm Characteristics: Subsurface flow: JIM. Explain findings: ❑ Dye (or other) lest performed: (c) Wetland Adiacencv Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain ❑ Separatedbybermbarier. Explain: (d) Proximity (Relationshin)to TNW Project wetlands are tiver miles from TNW. Pmject waters are aerial (straight) miles from TNW. Flow is from: Estimate approximate location of wetland as within the floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality, general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if an All wetland(s) being considered in the cumulative analysis: Approximately ( ) acres in total are being considered in the cumulative analysis. a, RECEIVED OCT 23 2013 DCRECEIVED M WILMINGTON, NC DCN-MHDCffY AUG 2 7 2013 For each wetland, specify the following: Directly abuts? (YIN) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Bapanos Guidance and discussed in the Instructional Guidebook Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Dom the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or (mown to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNW& Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section M.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the aou-RPW flows directly or indirectly into TNW& Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section BLD: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.13: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: 0.2 acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section BI.B. Provide rationale indicating that tributary flows seasonally: M. RECEIVED OCT 23 2013 RECEIVED DCM WILMINGTON, NC DCMMIHDcmr AUG 2 7 2013 Provide estimates for jurisdictional waters in the review area (cbeck all that apply): BTributary waters: linear feet width (A). Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs that flow directly or indirectly into TNWs. Q Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (it). Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. 0 Wetlands directly abut RPW and thus arejurisdictional as adjacent wetlands. Q Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: © Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section M.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly, or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates forjurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ® Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments ofjarisdictional waters! Asa general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to comrcerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE) WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'' which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated writers. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: 'See Footnote k 3. ° To complete the malysis refer to the key in Section M.D.6 of the Instructional Csuidebook. 10 Prior to asserting or declining CWA jurisdiction based "rely on this category, Corps Districts will elevate the action to Corps and EPA RQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Follandng Rapanos xK CFivEn RECEIVED OCT 23 2013 DCM WILMINGTON, NC AUG 2 7 2013 1CM•1l o CITY Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NONJURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior tothe lan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based 1W& on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard where such a finding is required for jurisdiction. Explain: Other. (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional 'udgment (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Iakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for nun jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet, width (ft)- Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked an requested, appropriately reference sources below): Maps, plans, plots or plat submitted by m on behalf of the applicant/consultant:Field sketch. Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report ❑ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit RUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Southport 1:24,000. USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Brunswick County. National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date):Bing maps. or ❑ Other ('Name & Date): Previous detemtination(s). File no. and date of response letter: ApphcabWsupportmg case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: RECEIVED OCT 23 2013 RECEIVED DCM WILMINGTON, NC DCM-MHDCrry AUG 2 7 2013 Southern rnvironmental Group) Inc. 5315 College ROaJ Suite E- - Wilmington, Nortk Carolina 28+1 2 910.452.2711 - Fax: 910.452.2899 - o((icc@scgi.us www.5c'p.u5 Wetland Determination Information Package Date: 08/30/2012 Project Name: 73rd and 74th Street Lots Owner: MatthewJ. Bolesky and D.E. Michaud 60 Sun Forest Way Chapel Hill, NC 27517 Phone Number: 919-932-9206 Parcel ID: 250BL02104,250BL02101 Physical Site Address: SE 73rd Street, SE 74th Street County (No.): Brunswick (10) Project Size (Acres): 022, 0.30 Past Actions: None known Subdivision Name, Lot Number: NA SEGi Project #: 012-013.01 Applicant (If different from Owner): Directions to Site: From Southport, follow Country Club Road to Oak Island. Right onto E. Oak Island Drive. Left onto SE 73rd and SE 74th Streets to ends. Nearest named waterbody to which site is hydrologically connected: Atlantic Ocean Name, Number of Drainage Basin: Cape Fear, 03030005 Lat / Long (DD.MMMM): 33.9063°N / 77.0921°W USGS Quad Name: Southport Wetland Acreage: 02 total Linear Footage of Stream: Attached: Letter of Agency Tax Map and Parcel Information Vicinity Map LiDAR and Contour Map Topographic Map Field Sketch Soils Map Data Sheets RECEIVED OCT 23 2013 RECEIVED DCM WILMINGTON, NC DCM-MHDctry AUG 2 7 2013 SF.G� 5515 South College Road, Suite E Wilmington, NC 2841 2 Pit: 910.45 2.271 1 Email: officeOseQi.us Transmittal Letter Date: 16 October 2013 To: Heather Coats Of: DCM Attached you will find: SEGi Project #: 12-013.01 Applicant: Nikolai Kruger Project Name: Lot 3 East Beach S.D. DCM Project #: NA ❑ Proposal ❑ Sketch(es) ❑ PCN ❑ Signed Wetland Map ❑ Photo(s) ❑ JD Package ❑ Report(s) ® Plans ❑ Information Requested ❑ Other Copies Dated Description 1 10-9-13 Final site plans for the project (21) These are being delivered: ❑ For your Review/Comment ❑ Corrected and Returned ❑ Other: are NOT contact our ❑ For your Records ❑ Returned for Correction(s) ❑ For your Signature ® As Requested By: ® Hand Delivery ❑ Fed -Ex ❑ UPS ❑ Regular Mail ❑ Other Notes: Thank you, Heather. RECT 0 0 T 16 2013 RECEIVED DCM WILMINGTON, NC OCT 1 6 %913 Signature and (Typed) Name: a A. Lutheran � RECEIVED Da�. ]0-16-13 OCT 23 2013 DCM-MHDC1Ty Dana A. Lutheran To: Coats, Heather Subject: RE: East beach info Heather I have made the suggested revisions to the MP sheets and plans. Please let me know if you need anything further. Dana From: Coats, Heather [ma !Ito:heather.coats( ncdenrxi Sent: Tuesday, October 08, 2013 11:31 AM To: Dana A. Lutheran Subject: East beach info Hi Dana, 'IV As we discussed yesterday, there seems to be a couple minor discrepancies with the wetland impacts in the additional info you submitted. The plan (Sheet 1 of 2) shows 795 sf of temporary wetland impact, then 1,080 sf of temporary construction buffer, and then the narrative says the temporary construction buffer is 1,280 square feet. Please also check the total proposed disturbed area on the MP-1 form in Field 51 and ensure it includes all disturbed areas (both highground and wetland, temp and permanent). Also, we did not receive an updated page 2 of the MP-2 form and please check Field d on the MP-3 to ensure that also shows the total disturbed area (not just proposed impervious). And finally the new side view plan (Sheet 2 of 2) went back to the old "blocked" side view of the house and doesn't show it on pilings with piling size and elevation references (relative to MSL?) Also the callout for the location of the rear of the house appears to be incorrect- the note say 0+97 but it looks like it should be 0+67 as was listed on the last version. Not sure how that was changed! And then as discussed, on Sheet 1 of 1, if you could move or somehow change the note on the right-of-way approach so that's legible, I would appreciate it! Thanks so much for everything, Dana! Let me know if you have any questions... Heather RECEIVED RECEWED DCM WILMINGTON, NC Heather Coats, Field Representative 0 C T 1 1 2013 NC Division of Coastal Management OCT 2 3 2013 127 Cardinal Drive Extension Wilmington, NC 28405-3845 (910) 796-7424 Fax (910) 395-3964 DCM-MHDCITY REC+p 0CT 1 1 2013 E-mail: heather.coats@ncdenr.9ov 5F_G 5515 5outk College Road,,_7uite E Wilmington, NC 2841 2 Ph: 910.452.2711 Email: officeOscgi.us Transmittal Letter Date: To: �2C �AII%` COcu p Of. Attached you will find: SFU Project#: 12-013.01 Applicant: Nikolai Kruger Project Name: Lot 3 East Beach S.D. DCM Project #: NA ❑ Proposal ❑ Sketch(es) ❑ PCN ❑ Signed Wetland Map ❑ Photo(s) ❑ JD Package ❑ Report(s) ❑ Plans ® Information Requested ❑ Other Copies Dated Description 1 9-26-13 Revised plans, project narrative and application pages for CAMA Major Permit as per the DCM's request dated 9-17-13 'If noted items are NOT attached, please contact our office. These are beine delivered: ❑ For your Review/Comment ❑ For your Records ❑ Returned for Correction(s) ❑ Corrected and Returned ❑ For your Signature ® As Requested ❑ Other: By: ® Hand Delivery ❑ Fed -Ex ❑ UPS ❑ Regular Mail ❑ Other Notes: Feather, please review the maps and other info. The surveyor has realty created a difficult situation with the maps being in color, so I used hatching to differentiate between areas. Therefore, only after your approval will 1 make the additional copies. RECEIVED Signature and (Typed) Name: L eran OCT 23 2013 Date 7-13 DCM-MAD CITY REC'D SEP 2 7 2013 RECEIVED DCM WILMINGTON, NC S E P 2 7 2013 Coats, Heather From: Sent: To: Cc: Subject: Attachments John, Thank you so much. Have a great weekend, Dana Dana A. Lutheran [dlutheran@segi.us] Friday, September 20, 2013 1:01 PM 'Michaux, John' 'Edwards, Steve'; Coats, Heather; 'Kruger, Nikolai'; 'Ken Kiser; 'Joey' RE: East Beach SD CAMA Major Permit Application image001.gif; image002.jpg 7out6cm Lnvwonmental Gnv,p, Inc. 5515S,�t6Coll<g R�ad,.5,ie<r Wil,ningtou, NC 2841 2 P6n�: 910.152.2?II mo6ilc: 9 I0128. 18+1 From: Michaux, John [mailto:jmichaux@ci.oak-island.nc.us] Sent: Friday, September 20, 2013 12:36 PM To: Dana A. Lutheran Cc: Edwards, Steve Subject: RE: East Beach SD CAMA Major Permit Applicatior Dana, I have reviewed the original plans submitted for the above referenced project which accounted for the impacts to 404 wetlands within the Town ROW for accessing lot 3. As a result, I do not have any issues with proceeding with construction of the proposed driveway in accordance with our current development ordinances. Please let me know if you have questions. John RECEIVED John M. Michaux Public Works Manager Town of Oak Island O C T 23 2013 4601 E. Oak Island Drive Oak Island, NC 28465 Office: 910.201.8008 DCM-MHDCITY Fax: 910.278.9558 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized town official. =RECEIVED From: Dana A. Lutheran [mailto:dlutheramalsegLus] UUM INGTON. NC Sent: Thursday, September 19, 2013 12:16 PM S E P 2 0 2013To: Michaux, John Cc: Edwards, Steve Subject: East Beach SD CAMA Major Permit Application John, We are in the process of applying for a CAMA Major Permit, for the development of lot 3, within the East Beach S.D. The Division of Coastal Management (DCM) has requested that we obtain written confirmation that the proposed impacts to 404 wetlands, located within the Town's ROW, for the purpose of accessing the lot, is permissible by the town of Oak Island. I have attached a site plan indicating the location of the access. In order to keep the permit from being put on hold, we need to have this back to the DCM by tomorrow. Thank you, in advance, for your prompt response to this request. Sincerely, Dana A. Lutheran Southern F nvironmcntal (,roue, Inc. 5315 50-th Coo :g- Road, S.itc F_ WI-mgton, NC 2841 2 P° onc: 010.452. 2711 mohilc: 910.22A.] A41 RECENED OCT 2 3 2013 DM--Mmcmt Pat McCrory Governor [;- A I�CDE�IR North Carolina Department of Environment and Division of Coastal Management Braxton C. Davis Director September 17, 2013 Sent via E-Mail Southern Environmental Group, Inc. c/o Dana Lutheran 5315 S. College Rd., Suite E Wilmington, NC 28412 Email: dlutheran@segi.us RE: Permit Application — East Beach S.D. Lot 3- Nikolai Kruger Dear Ms. Lutheran: Natural Resources John E. Skvarla, III Secretary On August 27, 2013, we received your CAMA Major Permit Application, acting as agent for Nikolai Kruger, for authorization to construct a single-family residence with wetland fill and a bridge access, located 112 SE 73rd Street. However, your application lacks information necessary for complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this E-mail, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. If you have any questions, please feel free to call me at my Wilmington office (910) 796-7424. Sincerely, Heather Coats Field Representative Attachments cc: Debra Wilson, DCM Doug Huggett, DCM 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.ncooastalmanagement.net An Equal Opportunity 1 ARrma6ve Acfion Employer RECEIVED OCT 23 2013 DCM•MHD crry NorthCarolina Naturally CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION 1. It appears that there is additional wetland fill associated with proposed work to the right-of-way. Please adjust the application to reflect the impacts to §404 wetlands outside the property boundary that would be filled as a result of the proposed project. Due to the extensive nature of proposed fill within the right- of-way, please also submit confirmation from the Town that they approve the proposed work within the right -of- way. 2. Please correct Part e. of DCM Form MP-3. 3. Please include the total floor area (in square feet) of the proposed house on the plan or within the narrative. 4. Please clearly identify the end of the bulkhead at the southeast corner of the property- ensuring the proposed work would be adequate to retain backfill and not result in unintended fill of additional wetlands. RECEAW j OCT 23 2013