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HomeMy WebLinkAbout61-14 Minor Mod 2016 St James Plantation POAPermit Class MODIFICATION/MINOR Permit Number 61-14 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit oQy for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to St. James Plantation POA, 4140 Southport -Supply Road -Suite B, Southport NC 28461 Authorizing development in Brunswick County at AIW W, 100 Southeast Street SE, St. James Plantation S/D , as requested in the permittee's letter dated 5/16/16, including attached workplan drawings (3) 1 of 3 dated 5/17/16, 2 of 3 dated revised 4/28/16 and 3 of 3 dated 6/2/14. This permit, issued on June 24, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this Minor Modification authorizes the construction of four (4) additional oyster bag sills (28' length, 5' width, 1.5' height) adjacent to the St. James Plantation Waterway Park and the AIWW at or just below Mean High Water (MHW), all as expressly and specifically set forth in the attached letter and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. 2) This Minor Modification shall be attached to the original Permit No. 61-14, which was issued on 7/16/14, and copies of both documents must be readily available on site when Division personnel inspect the project for compliance. 3) All conditions and stipulations of the active permit remain in force under this Minor Modification, unless specifically altered herein. RECEIVED (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of tNLSR1%ta*16f DEQ and the Chairman of the Coastal Resources Commission. DCM- MHD CITY Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee St. James Plantation POA Permit No. 61-14 Page 2 of 2 ADDITIONAL CONDITIONS NOTE: The U.S. orps of Engineers assigned the project COE Action Id. No. SAW-2014-00658. rr.. NOTE: The N.C. iv of Water Resources assigned the project DWR #2014-0620. 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: DCM received a permit modification application processing fee of $100 for this project. Class MODIFICATIONfMINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission IWIAL emit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 61-14 Issued to St. James Plantation POA, 4140 Southport -Supply Road -Suite B, Southport, NC 28461 Authorizing development in Brunswick County at AIWW, 100 Southeast Street SE, St. James Plantation S/D as requested in the permittee's letter dated 5/16/16, including attached workplan drawings (3) 1 of 3 dated 5/17/16, 2 of 3 dated revised 4/28/16, and 3 of 3 dated 6/2/14. This permit, issued on June 24, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be -subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this Minor Modification authorizes the construction of four (4) additional oyster bag sills (28' length, 5' width, 1.5' height) adjacent to the St. James Plantation Waterway Park and the AIWW at or just below Mean High Water (MHW), all as expressly and specifically set forth in the attached letter and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. 2) This Minor Modification shall be attached to the original Permit No. 61-14, which was issued on 7/16/14, and copies of both documents must be readily available on site when Division personnel inspect the project for compliance. 3) All conditions and stipulations of the active permit remain in force under this Minor Modification, unless specifically altered herein. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. -This permit must be accessible on -site to Department . personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ;t. James Plantation POA ADDITIONAL CONDITIONS Permit No. 61-14 Page 2 of 2 The U.S. Army Corps of Engineers assigned the project COE Action Id. No. SAW-2014-00658. The N.C. Division of Water Resources assigned the project DWR #2014-0620. )TE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. )TE: DCM received a permit modification application processing fee of $100 for this project. NICU Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Heather Coats DCM Major Permit Assistant Coordinator, Wilmington FROM: Halley Snider DCM Field Representativ , Wilmington THRU: Debra D. Wilson DCM District Manager, Wilmington DATE: May 18, 2016 SUBJECT Permit Modification Request to State Permit #61-14 St. James Plantation Property Owners Association (POA) Brunswick County PAT MCCRORY covemnr DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Mr. J. Taylor Ryan with St. James Plantation POA is requesting a minor modification to State Permit #61-14, which was issued on July 16, 2014, authorizing the construction of two (2) oyster bag sills and wetland vegetation planting adjacent to the St. James Plantation Waterway Park and the Atlantic Intracoastal Waterway (AIWW) in Southport, Brunswick County. State Permit #61-14 is due to expire on December 31, 2017. Mr. Ryan is requesting a modification to State Permit #61-14 to allow for the construction of four (4) additional oyster bag sills adjacent to the St. James Plantation Waterway Park and the AIWW. Mr. Ryan states oyster bag sills would be constructed in accordance with the previously permitted sills. As proposed, the oyster bag sills would measure approximately 28 feet in length, 5 feet in width and 1.5 feet in height. The proposed sills would be located on the east and west sides of the existing pier and on the east and west side of the existing oyster bags sills. The proposed oyster bags sills would be located at or just below the Mean High Water (MHW) line (See drawing 1 of 3). No wetland vegetation planting is proposed as part of this modification request. The applicant has submitted a check (check No. 0004019) in the amount of $100 for the modification request along with the letters and proof of notification to the adjacent riparian property owners. As proposed, this office has no objection to the proposed project modification as long as there are no objections from the other agencies to this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth in 15A NCAC 07H .0208 and 15A NCAC 07H.2700. By copy of this memo, DCM is requesting that the DWR, DMF-Shellfish Section, DCM-Fisheries Representative, WRC, and US ACOE provide any comment that your agency may have on the proposed project to Heather Coats of DCM's Wilmington office within 14 days of receipt of this memo. Enclosures cc: Chad Coburn, DWR Tyler Crumbley, USACE RECEIVED Jeremey Humphrey, DMF-Shellfish Section Maria Dunn - WRC Greg Bodnar, DCM MAY 2 3 2016 Nothing Compares?. DCAA- A/(}. M ^,, 'y State of North Carolina I Environmental Quality I Coastal Management W. i 127 Cardinal Drive E#, Wilmington, NC 28405 910-796-7215 2608 Mariners Way SE Southport, NC 28461-8512 May 16, 2016 Ms. Holley Snider Field Representative NC Division of Coastal Management NC Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Holley, Please accept our request to update (Modification) our Major Permit #61-14 to add 4-more oyster reefs of bagged shells to our St James Living Shoreline at Waterway Park. The locations of the 4-additional reefs are shown in reference to the pier as: • 2-reefs closest to pier and on either side — 28' x 5' x 18", built smaller initially. • 2-reefs outside west existing reef & outside "previously proposed #2" east reef — 28' x5'x18" We will add these 4-reefs prior to the expiration of this permit on December 31, 2017. See attachments: • "Small Proposed Reefs" #1 and 2 with individual detail in "Small South" and "Small North" Proposed Reefs. • Drawing 1 of 3 updated from original dated 06/02/2014 — "Oyster Major Permit- L426'1'6" S/tgiU 0qf • Drawing 2 of 3 updat d from original dated 06/02/2014 — "Oyster Major Permit- 042$16" The "Proposed Reefs #1 and 2 (28' x 5' x 18") were approved in our initial request for the Major Permit and are now completed and functional. I understand you have received our check for $100 from our town. The drawings are from our partnership with Professor Troy D. Alphin, UNCW Benthic Ecology Lab at the Center for Marine Science. For our planning purposes with UNCW students and their faculty as well as Ocean 17 campers, your approval would be appreciated at your earliest convenience, as we are scheduling students and buying shells. RECEIVED MAY 2 3 2016 nr%" ,,. ( We will also schedule our St James multi -generational citizen scientists and others as well to build the reefs and would invite you to join us. Our town and our developer have funded this effort for about $150,000 over our 10-year time period. It has been built by our St James' Multi -generational Citizen Scientist volunteers, UNCW students, and High School students from across the USA attending a UNCW camp. It is also used as an education opportunity for Brunswick County youth, including Waccamaw Boys and Girls Home, Boy Scouts, local church youth, and Southport Boys and Girls Club. It has been extremely well publicized in the Star News, State Port Pilot, WELT, and numerous other publications. This effort is successful thanks to our very strong partnership with UNCW's Center for Marine Science and the NC Coastal Federation. These reefs are designated a UNCW Research Sanctuary. This project has taken thousands of man hours to create. This effort and others like it, up and down our waterways, would benefit from a public awareness and oyster shell recycling campaign to improve water quality. May I meet with you to review our accomplishments and plans for this project? Depending on Troy's teaching responsibilities he will join us as well. As the Founder and Project Manager for the St James Living Shoreline project, that we have built on for 10-years and will continue to, we appreciate your timely approval to move forward. Does this package give you all the information you need to proceed to grant approval? Thank you, YT6' Y J. Taylor Ryan 2608 Mariners Way SE St. James Plantation Southport, NC 28461-8512 910.253.8818 — Phone & Fax 201.924.5199 — Mobile Itaylorryan(amsn.com Attachments RECEIVED MAY 2 3 2016 DCM- MHD CITY I SOUTHPORT 206 E NASH ST SOUTHPORT NC 28461-3987 3672320461 5/09/2016 (800)275-8777 3:49 PM roduct Sale Final ascription DIV Price irst-Class 1 $1.15 ail arge Envelope (Domestic) (RALEIGH, NC 27603) (Weight:C Lb 1.30 Oz) (Expected Delivery Day) (Wednesday 05/11/2016) Certified 1 (USPS Certified Mail #) (70151520000167691278) Return 1 Receipt (USPS Return Receipt #) (9590952106150140685189) irst-Class 1 ai I arge Envelope (Domestic) (SOUTHPORT, NC 28461) (Weight:0 Lb 1.30 Oz) (Expected Delivery Day) (Wednesday 05/11/2016) Certified 1 'n 1 ipt (USPS Return Receipt #) (9590952106150140685172) -Class 1 ail arge Envelope (Domestic) (MC LEAN, VA 22101) (Weight:0 Lb 1.30 Oz) (Expected Delivery Day) (Thursday 05/12/2016) Certified 1 (USPS Certified Mail #) (70151520000167691292) Return 1 Receipt (USPS Return Receipt #) (9590952106150140685165) otal $3.30 ■ 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 retum the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. �rnrarf o¢ MITI Oo� t_ucv GAVE /V c Lt--,4,v 2. Article Number ntwwfer fmm serdce raw) PS Form 3811, July 2013 A. Signature / X gent ❑ Addressee e. ReceN (R'/ . Name) JG / of Delivery D. Is delivery address diferent from Item 17 D Yes ❑ No IIIIII' IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIII'III 51 certified Mahe O Priority Mail Express' r 't Z / I ❑ Registered ❑ Return Receipt for Merchandise C7 Mec ail ❑ C II t Dell Insured, a o on very __. 4. Restricted Delivery? (Exta ragl —� _ ❑ Yes 7015 1520 0001 6769 1292 Domestic Rerun Receipt $2.70 ■ 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. $1.15 ■ Attach this card to the back of the mailpiece, or on the trord 4 space permits. 1. Article Addressed to: 5VUT14V1,V0 HSS6c7Ar�s /(t 0QlliN✓ dtVt7 $3.30 1 SC?U'[W1 4041 r $2.70 $1.15 2. Artcte Number (7lansW ITom service fairs# $3.SO $2.70 $21.45 $21.45 RECEIVED MAY 23Z016 A signature X y,tyd epeivot by (Paintsr Neale) Date of De D. Is delivery address drferent from item 17 u Yet If YES, enter delivery address belew. 0<o III II III 1! IIIII I II111IIII IIIIII IIIIII IIIIIII A �'" 3. Set e Type Certified Mail- ❑ Priority Mail Express" ❑ Registered ❑ Return Recalpt for Merchandise ❑ insured Maii ❑ Collect an Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7015 1520 0001 6769 1285 PS Forth 3811, July 2013 Domestic Return Receipt • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the �- so that we can return o ■ Attach this o �cP or on the iron if spacV . 4 1, FlrtiGOAddressa to: MAy � i Zt}I6 57iiTc� F iY0R7K (+/yAttr 2. Article Number _ a y (T2nsferhumseMealabe0 F. PS Form 3811, July 2043 A. Signature ' D Agent ❑ Addressee B. Iteceived by (Printed Marne) C. Data of Delivery D. Is `I very address oifferem from item t? h Yes IIIIII MIN II I I I I II I I II I II I I IIII IIII II I ��� . av_$Eryioe Type 5Mflied Mail- ❑ Priority Mail Express' ♦ l Registered ❑ Return Receipt for Merchandise 2 W, ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7015 1520 0001 6769 1278 Domestic Return Receipt CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: 5-T 71JMt'S MRW Address of Property: 01713 5T, T;*IIIC5 t7AA/Yc-} 57, Tr37,nE5{ wee !�Lgfn// (Lot or Street #, Street or Road, City & County) Agent's Name #: �L QR .0WAI Mailing Address: u2%09 /32fJiC'/it �.�'S lU SF Agent's phone M 9M, J! 3a a!,(S' i 4r5-/2 G'—e7ll I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development thyareprosing.Adescription or drawin with dimensions, must be provided with this letter. ave no objections to this proposal. I have objections to this proposal. Ifyou have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) In writing within 10 days of receipt of this notice. Contact information for DCM offices is available at att wne ncnoastatma{�ensenGnevweb_crr: orbycalling 1-888 4RCOAST. No response Is considered the same as no objection If you have been notified by Certified Mail, WAIVER SECTION I understan ter, dock, mooring pilings, boat r eakwater, boathouse, or lift must be set back a minimum is f 15' from ea of riparian access unless waived by me. (If you wish to waive the setback, you 'tial the appropriate blank below.) RECEIVED I d to waive the 15' setback requirement. MAY 2 3 2016 I do not wish to waive the 15' setback requirement. DrM_ A4W CITY (Property Owner Information) k� �k \ nature J. 7AYWR Al i`/�r7/ Print or Type Name Mailing Address (Riparian Property Owner Information) Signature F j'mS�eT'� Pint or Type Name tizv-L �k� Mailing Address -50V7-f/>PR% 4//C'_ o-'4 "41-'lrcf _ A 4� V'%G�y� City/State2ip "Telephin ' 9�0, ,2 S frs't s- g!n r`d- s TehWhoneNumber /Email dress umb /Email c64 (' J Tf1 Y/- O R/C' fi4 &tWSN. C&77/ j 1 aGt MCI *,I R�7�t ter% -- VA 14, Date Date (Revised Aug. 2014) VIP lit : _Coastal i , a� nd antat* ! Y�•^ 1+,�. iz- LLC 7 or k °t �" M Rosen. Burt aLaa_ — e ! e ETt irk En 4narREO! N z ate = ,, , irn H W Line _ kl_ ... pprok'Mate q i �/W Property Line Feder r'`''�fbo, A pproxi ,�.,: mat n ML ai G'�a'C iYar( �dU�C - nel - Setback Line , , W Line ti SE• G�2 n W m N m v ' 9 /lee. FS 0LW vPDAT�D [�l�=L_�G y-- PRoA�S�D �'EEfs fheE i�✓ L I NE w,17---/ R EFf tt a ^'� � /9-&vc' DENR CAMA Daily Check Log for WIRO Date Date Deposhe I Cheek Recelpf or Received d I Check From Name Name of Permit Holder Vendor Check Number amount Permit Number/Comments Refund/Reallocated 51912016 5/10/2016 Town a ST. James St. James Plantation PDA $100.00 minor fee 61-14 100 Southeast St. OI Swns HS rct. 15340 m 1 GV U Gam', Q W , � U Coats, Heather From: Dunn, Maria T. Sent: Friday, June 03, 2016 3:09 PM To: Coats, Heather Subject: St. James Plantation, 61-14 mod Heather, On May 27, 2016 1 received a request from St. James Plantation to add four additional oyster bag sills adjacent to the Waterway Park and AIWW. These bags will be installed as the two previously constructed sills and will measure approximately 28' by 5' by 1.5'. The NCWRC does not believe these bags will have significant impacts to aquatic resources and has no further comment on the project proposal. Thank you for the opportunity to comment on this modification. If I can be of further assistance, please do not hesitate to call. Have a good weekend, Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Coats, Heather From: Bodnar, Gregg Sent: Friday, May 27, 2016 10:41 AM To: Coats, Heather Subject: St. James Plantation (#61-14MM) Morning Heather, I have no comment on the proposed modification. Thanks, Gregg Gregg Bodnar Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 213 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 �> Nothina Compares..-`.... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Coastal Management ENVIRONMENTAL QUALITY June 27, 2016 St. James Plantation, POA 4140 Southport -Supply Rd., Suite B Southport, N.C. 28461 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, JltouglasA V. Huge Major Permits Manager N.C. Division of Coastal Management Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T DCM Coordinator: S Permit #: MAILING DISTRIBUTION SHEET Permitee.l Vf • JA, M FOA Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Cnunble Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Heide Cox (WIRO) Joey White (WARO) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ben Hughes DMF/ Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources: _._Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 Chad Coburn - 4011 DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent #:- I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO AT'Tfi TMONOF: June 24, 2016 Regulatory Division Action ID No. SAW-2014-00658 and State Permit No. 61-14 General Permit No. 198000291 St. James Plantation POA Attn: J. Taylor Ryan 2608 Mariners Way, S.E. Southport, North Carolina 28461-8512 Dear Mr. Ryan: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify your Department of the Army permit issued July 17, 2014, authorizing the construction of two (2) oyster bag sills and wetland vegetation planting adjacent to the St. James Plantation Waterway Park and the Atlantic Intracoastal Waterway (AIWW). Your recent modification request is to allow for the construction of four (4) additional oyster bag sills, adjacent to the St. James Plantation Park and the AIWW, in Southport, Brunswick County, North Carolina. Coordinates are: 33.9238-N,-78.1188-W. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291 (copy enclosed). The permit is hereby modified. It is understood that all other conditions of your permit remain applicable. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Branch, telephone 910-251-4170. Sincerely � Tyler Crumbley Zl Regulatory Project Manager Enclosures: Al)M CAMA permit GM' GP291 conditions [7 IM Copies Furnished (without enclosures): Mr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 RECEIVED JUL 11 2016 DCM- MHD CITY 4. -3- Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3/Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Heather Coats North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Robb Mairs North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Permit Class NEW Permit Number 61-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and for -2L Major Development in an Area of Environmental Concern pursuant to NCOS I I3A-118 X Excavation and/or filling pursuant to NCOS 113-229 Issued toSt. James Plantation POA c/o -Jack Noland, 4140 Southport -Supply Road -Suite B. Southport NC Authorizing development in Brunswick County AIW W.100 Southeast Street SE, St. James Plantation S/D , as requested in the permittee's application dated 4/30/14 including the attached workplan drawings (3) all dated 6/2/14 This permit, issued on Jul 16 014 , 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 uc suuJocr to ones, imprisonment or civil action; or may cause the permit to be null and void. Oyster Reef Sills 1) Unless specifically altered herein, this permit authorizes the construction the oyster reef sills with associated wetland plantings that are depicted on the attached workplan drawings. 2) The alignment of the oyster reef sills shall be staked by the pennittee and approved on site by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. RECEIVED JUL 11 Zois (See attached sheets for Additional Conditions) This P"fi;Aitn M{f1*v the Derminee or Sianed by the authority of the Secretary of DRNR and the other 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. This permit shall be accessible on•site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission, r ,.Braxton C. Davis, Director ivision of Coastal Management This permit and its conditim efheENW t6 DCM WILMINGTON, NO JUL 2 3 20% Signature of Permittee St. James Plantation P®A c/o Jack Noland PermitH 61-14 Page 2 of 3 ALDDITIONAL CONIDITIONS 3) All sill material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 4) The oyster reef sills shall be marked with PVC pipes every 50 feet and the outer boundaries shall be marked with yellow reflectors extending at least three feet above normal high water level and the. Vegetation Planting 5) All plantings shall take place in accordance with the project narrative dated April 24, 2014 and the attached workplan drawings. General 6) No Coastal Wetlands, submerged aquatic vegetation, oy oysters shall be excavated or filled, even temporarily. 7) To reduce the likelihood of construction impacts to marsh habitat adjacent to the sills, a single ingresslegress path from the uplands to the sill locations must be used. The construction pathway should be clearly marked prior to construction. 8) To minimize potential impacts related to wave action, all oysters beds must be secured to the bottom to reduce the likelihood of displacement and movement into newly planted wetlands. 9) This permit does not grant any property rights or exclusive privileges. 10) The pemuttee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the perminee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 11) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit, The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 12) 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. .,.,isiV'ED RECEIVED "WING-m, NC IUI. 11 2016 jUL 2 3 2014 St. James Plantation POA c/o Jack Noland Permit# 61-14 Page 3 of 3 ADDITIONAL, CONDITIONS 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. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2014-00658. RECEIVED JUL 1 12016 DCM- MHD CITY F= F CEIVED 1)CM WILMINGTON, NC JUL 2 3 7014 t