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HomeMy WebLinkAbout61-14 St James Plantation POAPermit Class MR Permit Number 61-14 STATE OF NORTH CARO]LINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued toSt. James Plantation POA c/o Jack Noland, 4140 Southaort-SunDIv Road -Suite B. Southport. NC Authorizing development in Brunswick County AIWW, 100 Southeast Street SE, St: James Plantation S/D as requested in the permittee's application dated _4/30/14 including the attached workWan drawings (3), all dated 6/2/14 This permit, issued on July 16, 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 oe suoject to Imes, imprisonment or civii action; or may cause me permit to ne nun ana voia. 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 permittee 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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. Signed by the authority of the Secretary of DENR 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 ofPermittee St. James Plantation POA c/o Jack Noland Permit#r61-14 Page 2 of 3 AIDIDITIONAL 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, or 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 ingress/egress 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 permittee 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 permitfee 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. i,. s-11) The permittee shall maintain the authorized work in good condition and in conformance with the terms f 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. 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. 2608 Mariners Way SE St. James Plantation RECEIVED Southport, NC 28461-8512 DCM WILMINGTON, NC Home: 910.253.8818 APR 3 0 2014 iphone: 201.924.5199 April 24, 2014 St James Oyster Shell Recycling & Reef Building Project Project Narrative: Existing Conditions: On August 6 - 7, 2007, 21 cubic yards of bagged oyster shells were placed in 2-reefs on the south side of the St James' Waterway Park, approximately 200' walk to the Gazebo in the ICW. They are designated as "UNCW Research Sanctuary." Planning, approval, and on -site visits included Stephen Taylor, DMF; Ted Wilges, NC Coastal Federation, Craig Hardy, DE&NR; Dr. Martin Posey, UNCW; Troy Alphin, UNCW, Sabrina Vamam, DMF. About 90 St James Citizen Scientists participated in bagging and placing the bagged shells over a 3-day period. The reefs have been fully supported by the UNCW team led by Troy Alphin, UNCW Senior Research Associate and his students in our St James intern program, as well as St James Citizen Scientists. St James Waterway Park is at 100 Southeast Street off St James Drive about 4-miles from the front gate on route 211 (Southport -Supply Road). Waterway Park is a Protected Area covered under the 2008 RDC Wetlands Covenants. These reefs have proven to serve as a wildlife habitat, a means to prevent erosion, and a way to clean our waters at the 30-50 gallons of water per day as oysters have credit for providing. UNCW Interns regularly measure the wildlife found in the reefs and larvae attaching to the shells. Additionally, "spat racks" are employed to further measure spat found in the ICW. There are no pollution incidents to our knowledge; there is no development other than a pavilion, a covered facility with picnic tables; there are no streams in the park entering the ICW; there are no riparian buffers, or areas of environmental concern. On April 20, 2011,Earth Day, we gained approval to plant 190 Spartina patens (110), Spartina altemiflora (40), Kosteletzkya virginica (20), and Hibiscus moscheutus (20) in the area on the west side of the north reef and on the north side of the gazebo walkway. The Spartina has done extremely well, but the flowers did not survive. Troy Alphin and Ted Wilges provided guidance, and assistance in planning this activity. Another 500 Spartina Patins were planted on July 18, 2013. For the last 4-years, St James has hosted the UNCW Ocean 17 campers for a day to assist in building our reefs. Loose shells have been placed in Beaver Dam Creek where 2-additional UNCW Research Sanctuaries have been designated. St James is a community committed to the protection of our natural resources. Our Citizen Scientists volunteers extensively on these projects and many others. In 2013, 12 youth from The Southport Boys and Girls Cloiq our program to reach out to our community's children. The same invitation will be extended this year; as will one t lo''""c�va coutin Organizations. Proposed: JUN 0 9 2014 Our request for approval is: (Each reef will be 2-mesh bags high, anchored by rebar cut fthsb(4rrgpended by UNCW) • Build reef #3, about 28' x 5' x 18", on the south side of the gazebo between the existing 2-reefs with bagged shells — July 17, 2014 (Ocean17 Campers). This reef will protect the marsh from wave action but provide gaps to allow access by finfish and crustaceans that utilize the marsh edge. (See Figure 1 and 2) • Add reef #4, about 28' x 5' x 18" on the north side of the walkway to the gazebo —This reef will be used to protect the existing and proposed marsh plantings from erosion. (see figure 1 and 3) • Add additional Spartina plantings about both 20' x 10' — July 17, 2014 (Ocean17 Campers). North and south of the walkway and gazebo to fill in gaps remaining from previous marsh loss. 1,. The Town of St James has purchased about 125 bushels of oyster shells that are stored at UNCW - CMS. Our scoping plan will determine the additional shells needed. No acreage will be disturbed as shells will be transported on the gazebo walkway and placed on a slide to the water at low tide, as we did previously. Funding will be from the Town of St James annual budget designated for this project with our partnership with UNCW. Thank you, 7-Y&I J. Taylor Ryan 2608 Mariners Way SE St. James Plantation Southport, NC 28461-8512 910.253.8818 - Phone & Fax 201.924.5199 - Mobile itaylorryan (r)msn.com Figure 1. Proposed reef #3 is located on the south side of the walkway and gazebo. This structure will provide protection to the currently unprotected marsh between the previously placed reefs but will not fill the entire, leaving -1-2m of space between the proposed reef and the existing structures. Proposed reef #4 will protect the marsh plantings on the north side of the walkway and gazebo from boat wakes, to prevent further erosion of the site. j y RECEIVED DCM WILMINGTON, NC JUN 0 9 M4 APR 3 0 2014 DCM-1NHr)CITY ,... ,�:. ,.. � a , . ,, �, Figure 3. Relative placement of proposed oyster reef #4 a-.. Figure 4 — Ground level view of St James Park Oyster Reefs #1 and 2 f 2014 CITY APR 3 0 2014 I= MFl APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicanbLandownerInformation Business Name Project Name (if applicable) St James Plantation Poa St James' Oyster Shell Recycling & Reef Building Project Applicant 1: First Name MI Last Name Jack Noland Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 4140 Southport -Supply Road, Suite B Southport NC ZIP Country Phone No. FAX No. 28461 USA 910-253-4805 ext. 910-253-4808 Street Address (Aditrent from above) CCRYState ZIP Same Email jack@stjamespoa.net 2. Agent/Contractor Information Business Name N/A Agent/ Contractor 1: First Name MI Last Name t J. Taylor Ryan Agent/ Contractor 2: First Name MI Last Name ' Troy D. Alphin Mailing Address PO Box CRY state 2608 Mariners Way SE Southport NC ZIP Phone No. 1 Phone No. 2 28461 910-253-8818 ext. 201-924.5199 ext. FAX No. Contractors« 910 253 8818 N.A. Street Address (if different from above) City Steno ZIP Same Email RECEIVED <Fotm continues on back> DCM WILMINGTON, NC APR 3 0 A14 252.808.2808 .. 1.888.4RCOAST .. www. nc coastal m a nagem ent.net ..: ��� . , .. ., . , . t ,. . .. ,,:. �:�:;.. .... , -�` Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 100 Southeast Street SE Subdivision Name City State Zip St James Plantation Southport NC 28481 - Phone No. Lot No.(s) (# many, attach additional page With list) 910 - 253 - 8818 ext. I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project �7 See 3a - Cape Fear River Basin - Atlantic Intrtacoastal Waterway 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 Cape Fear River 8 Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. St James, NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.11.) 5401f 430,372 square feet (9.88 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N.A., I NWL (normal water level) (If many lot sizes, please attach additional page with 8list) 10, ONHW or ❑NWL e. Vegetation on tract RECENM Spartina Patens and Alterniflora - Ornamental landsaping rJUN 0 8 2014 f. Man-made features and uses now on tract v. Walkway in Atlantic Intracoastal Waterway to Gazebo and platform. There is an open shelter centered jr) (pp jWyt,yu)tlt lavatories. Plantings surround the shelter, frequently used for resident sponsored picnics. There is a df�dl it m the parking lot to the shelter as well as around the park. g. Identify and describe the existing land uses adiiacent to the proposed project site. .Waterway Park is Protected Area covered under the 2008 RDC Wetlands Covenant h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? EPUD (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No []NA National Register listed or eligible properly? <Form continues on next page> RECEm: j V DCM WILMINGTON, NC APR A n 2014 252.808-2808 .. 1-888-4RCOA5T .. www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) 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. Brunswick County sewer o. Describe existing drinking water supply source. Brunswick County p. Describe existing storm water management or treatment systems. Surface Run-off 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Oyster reef of bagged shells 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. Build by hand RECEIVED d. List all development activities you propose. JUN 0 9 2014 Oyster reefs of bagged shells DCh1•IvlH1)CI7Y e. Are the proposed activities maintenance of an existing project, new work, or both? Boat f. What is the approximate total disturbed land area resulting from the proposed project? 500 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ONO ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. None 1. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water! []Yes ONO ❑NA J. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> DCM WILMINGTON, NC APR 3 0 2014 252-808-2808 .. 1-888.4RCOAati .. "vaw.ncecastaimanagement.not .i. r fv[... ...:�. 2. �' i �. .. .� .. Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Infonnation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the ske. 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 Rosen Burte ET Nina Phone No. 202.494.0437 Address 6719 Lucy Lane; McLean, VA 22101 Name Southwind Associates, Inc. Phone No. 910.452.3121 Address 3975 S Point Drive SE; Southport, NC 28461 Name State of NC; 116 West Jones Street; Raleigh, NC 27603 Phone No. Address St James Plantation; PO Box 10879; Southport, NC 28461 - 910.253.3001 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Jack Noland - Do not have any info for prior owners. The only permit since I have been here is for the kayak launch. Permit #: 62622. Pennies: St James PDA clo Jack Noland, Issuing date: 9/18113. It. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, If necessary. VCM-14VD= 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. Certification and Permission to Enter on Lana) � 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. 1 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 information provided in this application is truthful to the best of my knowledge. Date Print Name J. Taylor Ryan ' 7 Signature a<- Please indicate application attachments pertaining to you roposed project. F' ` ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM WILMINGTON, NC ❑DCM MP-3 Upland Development C]DCM MP-4 Structures Information APR 3 0 2014 252.808-2808 .. 1.888.4RCOA5T .. www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 28728' Width 575' Avg. Existing NA NA 0/0 Depth Final Project NA NA 18"/18- Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. -o- c. (i) Does the area to be excavated include coastal wetlandslmarsh (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: N/A ®This section not applicable b. Type of material to be excavated. N/A d. High -ground excavation in cubic yards. N/A ri UN 0 9 2014 ACM•M(in CTry 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. N/A c. (i) Do you claim title to disposal area? ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW []SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? ❑Yes []No ❑NA (ii) If yes, how much water area is affected? DCM WILMINv f ^'J. APR 3 0 2014 252.808.2808 :: 1-888-0RCOAST :: www.nccoastalmanaaement.net revised: 12126106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 28728' ❑Bulkhead ❑Riprap OBreakwater/Sill ❑Other. c. Average distance waterward of NHW or NWL: Landward edge of Spartina Grass e. Type of stabilization material: Bagged Oyster Shells g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill 14 /14 Other_ i. Source of fill material. Purchased recycled oyster shells Width: 616 d. Maximum distance waterward of NHW or NWL: Landward edge of Spartina Grass f. (I) Has there been shoreline erosion during preceding 12 months? []Yes ®No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Bagged Oyster Shells 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brouaht to the site? ❑Yes ®No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill & GENERAL a. How will excavated or fill material be kept on controlled? Staged directly from trailer on high ground. c. (i) 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. Yellow reflector tape at 50' intervals on PVC pipe. Date v0 '�)-o / IG St James Oyster Shell Recycling and Reef Building Project Project Name 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 fill in tabu ' badxhoe, or hydraulic dredge)? By hand 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. J. Taylor Ryan Applicant Name RECEIVED Ap ntS' ature DCM WILMINGTON, NC x APR 3 0 Y014 252.808.2808 :: 1-888-4RCOAST :: www.necoastafmanaaement.net revised: 12/26106 inn ,. q - --- -- � Coastal Wetland St Jayne — — — Plantation «C Y ielter 2astal Wetl nd P2o ft e"l Iq f_g , �! �i Rosen, Burte ET ina Existing O steer Reef P Zp f ei Planting 2 A'1 ,o ft pproxiMate M rste, Sh epj HW Lin 28 ft x 5ftxii Bag Reef? ` ��� i� ---_ e Approximate gIVV� proposed28 ftsx 18 ing Reef 2 Pt operty Line Federal Channe/Set Gazebo Kayak Lannon gpprOximate MLW back Line Line `O 10 0 2 O i 7j /Z /Jewwr�c 2or3 I P t !E 30 w o S U 6 G 5-eC4'�" V'eut - IU oy'� 70 8U r,a RECEiVEE--= DGM WILMINGTON, NC- JUN 0 2 2014 35 i -- MCDENK North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary July 22, 2014 St. James Plantation POA c/o Jack Noland 4140 Southport -Supply Rd., Suite B Southport, N.C. 28461 Dear Sir or Madam: 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 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, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity /Affirmative Action Employer DCM Coordinator: XL� MAILING DISTRIBUTION SHEET Permit Permitee• --S'/- J OLvke j A DCM Field Offices Elizabeth City Morehead City Washington Wil 'ngto US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: Wildlife Resources: LPO: (with revised work plan drawings) Raleigh Bland onnie Smr Renee Gledhill -Early or (e 'ronmental.review@ncdcr.gov) ' e Williams (WIR) "� Joey White (WARD) en Pace a ff Fowler T Walton ins John Hennessy (NC DOT) Anthony Scarborough Joanne Steenhuis — 401 Mc Coburn - Lin a Lewis - Stormwater M i unn (WARD) Fax Distribution: Permitee #: Agent #: DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: St. James Plantation POA COUNTY: Brunswick PROJECT NAME: St. James Oyster Shell Recycling & Reef Building Project LOCATION OF PROJECT: 100 Southeast St., SE, adjacent to the AIWW, in St. James Plantation, near Southport DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-13-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Coats �t-11 DISTRICT MANAGER REVIEW: J a B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 6-7-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: ^1)irTw MAIL OUT DATE: 6-5-14 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: 250 END OF NOTICE DATE: 6-28-14 DEED RECD: ON: 150 DAY DEADLINE: STATE DUE DATE: 6-28-14 8 - • idol ►1 t b PERMIT FINAL ACTION: ISSUE DENY DRAFTON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO ti0'I'ES Coastal Management - Regional Representative b -s- 14 Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) 6-Lk- N Division of Water Resources (401) /S- / y /r/ Od Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways 6-n -14 Wildlife Resources Commission b Local Permit Office tr 10 -ly Division of Marine Fisheries / DCM pj- 1 Corps of Engineers e W S 6 t1 1`l e�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 5, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: St. James Plantation POA Project Location: 100 Southeast Street SE (Waterway Park), in St. James Plantation, adjacent to the AIWW, near Southport, in Brunswick County Proposed Project: to construct (2) two oyster bag sills and to plant wetland vegetation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 28, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424 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 �y RECEIVED JUN 0 9 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.7215 \ FAX: 910.395-3%4 Internet: www.now An Equal Opporunny \ Aflinnative Acton Employer APWA r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 5, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO John E. Skvarla, III Secretary ECEIVE , JUN Of 2014 OV. FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: St. James Plantation POA Project Location: 100 Southeast Street SE (Waterway Park), in St. James Plantation, adjacent to the AIWW, near Southport, in Brunswick County Proposed Project: to construct (2) two oyster bag sills and to plant wetland vegetation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 28, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: his 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 ADATE 6c RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 .. JUN 2 6 2014 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.necoastalmanaclement.net An Equal opportunity \ Af anative Action Employer DCM-MHD CrrY NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June19,2014 Mr. Jack Noland St. James Plantation PDA 4140 Southport -Supply Rd., Suite B Southport, NC 28461 Subject: EXEMPTION Stormwater Project No. SW8 140607 St. James Oyster Shell Recycling and Reef Building Project Brunswick County Dear Mr. Noland: John E. Skvana, III Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on June 5, 2014. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis ftodenrgov. RECEIVED Sincerely, '' JUN 2 6 2014 Fortracy�fD��PE..,.ector DCMMHDCITY Division of Energy, Mineral, and Land Resources GDS/arl: G:\WQ\Shared\Stormwater\Permits & Projects120141140607 Exemption12014 06 permit 140607 cc: J. Taylor Ryan Jonathan HoweIUDCM Heather Coats/Shaun Simpson-DCM WIRO Wilmington Regional Office Stormwater File Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax (910) 350-2004 An Equal Opportunity \ Affirmative Action Employer • 30% Post Consumer Paper • Internet: htto:/Ioortal.ncdenr.oraNvebRr/ Q, AM NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 5, 2014 Division of Coastal Management MEMORANDUM: TO: Anthony Law NC DOT Brunswick County John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: St. James Plantation POA Project Location: 100 Southeast Street SE (Waterway Park), in St. James Plantation, adjacent to the AIWW, near Southport, in Brunswick County Proposed Project: to construct (2) two oyster bag sills and to plant wetland vegetation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 28, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: �Tini agency has no objection to the project as proposed. s 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 � "J'-- DATE t RECEIVED riti UN 17 2014 127 Cardinal Drive Ext., Wilmington, NC 28405ww Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: wriccoastalmanagemen An Equal Opportunity\Affirmative Action Employer DCM-y"D C'TP DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: St. James Plantation POA, c/o Jack Noland Project Name: St. James Oyster Shell Recycling & Reef Building Project 2. LOCATION OF PROJECT SITE: Project site is located at 100 Southeast St SE (Waterway Park), in St. James Plantation, Brunswick County. Photo Index - 2006: 9-6130; M, 17 2000: 9-86; L, 7 1995: 9-84; E, 10 State Plane Coordinates - X: 2267337 Y: 64420 Rover File: N/A Lat: 33° 55' 25.44" IN Long: 7817'7.98"W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 4/15/14,5/30/14 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — Complete 5/13/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification From LUP — Recreation/Open Space (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — Municipal sewer Planned - N/A (F) Type of Structures: Existing — Public park with parking area & associated structures. Planned - Two oyster bag marsh sills. (G) Estimated Rate of Erosion: N/A Source: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands §404 wetlands —280 sq. ft. (sill) —400 (disturbed, (B)Nnn-Vegetated Wetlands planted) Other — High ground (D) Total Area Disturbed: 680 sq ft. (0.02 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to construct two oyster bag sills and to plant wetland vegetation. RECEIVED JUN 17 2014 St. James Plantation POA, c/o Jack Noland Page Two 9. PROJECT DESCRIPTION The project is located at the 100 Southeast Street SE, adjacent to the Atlantic Intracoastal Waterway (AIWW), in the Town of St. James Plantation, 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.Turn onto Dosher Cutoff and then turn right at Southport -Supply Rd. SE/ NC-133. Travel approximately 3.25 miles to the entrance of St. James Plantation. Turn left into St. James Plantation and follow St. James Drive SE to its end. Take a right at the roundabout and make the first left into Waterway Park. Please note that St. James Plantation is a gated community and a site visit should be arranged with the applicant.prior to your visit to guarantee access to the site. The project area is located adjacent to a 9.88 acre public park. The shoreline of the park has not been stabilized. The elevation of the tract is approximately 10' above normal high water. High ground vegetation on the tract consists primarily of lawn grasses and ornamental plantings. The highground portion of the park area has a gravel parking lot, gazebo/picnic area with restrooms, and walking trails. A pier with two covered gazebos and a floating dock with kayak launch provide water access. Two existing oyster bag sills are located to the west of the pier. Marsh vegetation consists of Black Needlerush (Juncus roemerianus) Spikegrass (Distichlis spicata), Glasswort (Salicornia spp), Salt Meadow Hay (Spartina patens), and Sea Oxeye (Borrichia frutescens) above mean high water, which measures approximately 90' in width. A fringe of Salt Marsh Cordgrass (Spartina alterniora) continues below the mean high water line and measures approximately 45' in width. The waters of the AIW W, adjacent to the project site, are classified as SB by the North Carolina Division of Water Resources. The area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is closed to the harvesting of shellfish. i• �. Zi�9���:i�aJ�C�1E The applicant is proposing to construct two bagged oyster shell sills and to plant Spartina alternii fora landward of both sills. The first sill would be located between the two existing sills to the west of the pier. The second sill would be located to the east of the pier. Each of the sills would measure approximately 28' in length, 5' in width and approximately 18" in height. Both sills would be comprised of two layers of mesh bagged oyster shells. Both sills would be located between the mean high and normal low water lines. Each of the two Spartina altern j2ora planting areas would measure approximately 20' in length by 10' in width and would also be located between the mean high and normal low water lines, landward of the two proposed sills. The sills would be located approximately 55' waterward of the mean high water line and 'approximately 10' waterward of the edge of marsh. No high ground work is proposed. The applicant has stated that the bagged shells will be trucked to the site at time of construction and will be transported by hand via the pier to the construction area. 10. ANTICIPATED MACTS: The proposed oyster shell bagged sills would result in the fill of approximately 280 square feet of shallow bottom located in the Estuarine Waters and Public Trust Areas of Environmental Concern (AECs). The marsh plantings would result in temporary impacts to approximately 400 square feet of Estuarine Waters and Public Trust Area. Temporary increases in turbidity can be expected. Submitted by: Heather Coats Date: June 4, 2014 Office: Wilmington 2608 Mariners Way SE St. James Plantation RECEIVED Southport, NC 28461-8512 DCM WILMINGTON, NC Home: 910.253.8818 APR 3 0 2014 iphone: 201.924.5199 April 24, 2014 St James Oyster Shell Recycling & Reef Building Project Project Narrative: Existing Conditions: On August 6 - 7, 2007, 21 cubic yards of bagged oyster shells were placed in 2-reefs on the south side of the St James' Waterway Park, approximately 200' walk to the Gazebo in the ICW. They are designated as "UNCW Research Sanctuary." Planning, approval, and on -site visits included Stephen Taylor, DMF; Ted Wilges, NC Coastal Federation, Craig Hardy, DE&NR; Dr. Martin Posey, UNCW; Troy Alphin, UNCW, Sabrina Varnam, DMF. About 90 St James Citizen Scientists participated in bagging and placing the bagged shells over a 3-day period. The reefs have been fully supported by the UNCW team led by Troy Alphin, UNCW Senior Research Associate and his students in our St James intern program, as well as St James Citizen Scientists. St James Waterway Park is at 100 Southeast Street off St James Drive about 4-miles from the front gate on route 211 (Southport -Supply Road). Waterway Park is a Protected Area covered under the 2008 RDC Wetlands Covenants. These reefs have proven to serve as a wildlife habitat, a means to prevent erosion, and a way to clean our waters at the 30-50 gallons of water per day as oysters have credit for providing. UNCW Interns regularly measure the wildlife found in the reefs and larvae attaching to the shells. Additionally, "spat racks" are employed to further measure spat found in the ICW. There are no pollution incidents to our knowledge; there is no development other than a pavilion, a covered facility with picnic tables; there are no streams in the park entering the ICW; there are no riparian buffers, or areas of environmental concern. On April 20, 2011,Earth Day, we gained approval to plant 190 Spartina patens (110), Spartina alterniflora (40), Kosteletzkya virginica (20), and Hibiscus moscheutus (20) in the area on the west side of the north reef and on the north side of the gazebo walkway. The Spartina has done extremely well, but the flowers did not survive. Troy Alphin and Ted Wilges provided guidance, and assistance in planning this activity. Another 500 Spartina Patins were planted on July 18, 2013. For the last 4-years, St James has hosted the UNCW Ocean 17 campers for a day to assist in building our reefs. Loose shells have been placed in Beaver Dam Creek where 2-additional UNCW Research Sanctuaries have been designated. St James is a community committed to the protection of our natural resources. Our Citizen Scientists volunteers extensively on these projects and many others. In 2013, 12 youth from The Southport Boys and Girls Club joined s i our rogram to reach out to our community's children. The same invitation will be extended this year; as will one to Th ` IM,,Organizations. Proposed: (JUN 17 2014 } Our request for approval is: (Each reef will be 2-mesh bags high, anchored by rebar cut flush, as � by UNCW) • Build reef #3, about 28' x 5' x 18", on the south side of the gazebo between the existing i fs wU bagged shells — July 17, 2014 (Ocean17 Campers). This reef will protect the marsh from wave action but provide gaps to allow access by finfish and crustaceans that utilize the marsh edge. (See Figure 1 and 2) • Add reef #4, about 28' x 5' x 18" on the north side of the walkway to the gazebo —This reef will be used to protect the existing and proposed marsh plantings from erosion. (see figure 1 and 3) • Add additional Spartina plantings about both 20' x 10' — July 17, 2014 (Ocean17 Campers). North and south of the walkway and gazebo to fill in gaps remaining from previous marsh loss. The Town of St James has purchased about 125 bushels of oyster shells that are stored at UNCW — CMS. Our scoping plan will determine the additional shells needed. No acreage will be disturbed as shells will be transported on the gazebo walkway and placed on a slide to the water at low tide, as we did previously. Funding will be from the Town of St James annual budget designated for this project with our partnership with UNCW. Thank you, %%r J. Taylor Ryan 2608 Mariners Way SE St. James Plantation Southport, NC 28461-8512 910.253.8818 — Phone & Fax 201.924.5199 — Mobile itaylorrvan(o.msn.com Figure 1. Proposed reef #3 is located on the south side of the walkway and gazebo. This structure will provide protection to the currently unprotected marsh between the previously placed reefs but will not fill the entire, leaving — 1-2m of space between the proposed reef and the existing structures. Proposed reef #4 will protect the marsh plantings on the north side of the walkway and gazebo from boat wakes, to prevent further erosion of the site. DCM WILMINGTON, NC APR 3 0 2014 Figure 2. This shows the relative placement of proposed oyster reef #3 relative to the existing reefs Ne16fi13Le(a. len6tfi-n56aba Figure 3. Relative placement of proposed oyster reef #4 Figure 4 — Ground level view of St James Park Oyster Reefs #1 and Z Y r w APR 3 0 2014 ®1t� I11I�4 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 9. PrimaryApplicant/ Landowner Information Business Name Project Name (if applicable) St James Plantation Poa St James' Oyster Shell Recycling & Reef Building Project Applicant 1: First Name MI Last Name Jack Noland Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 4140'Southport-Supply Road, Suite B Southport NC ZIP Country Phone No. FAX No. 28461 USA 910-253-4805 ext. 910 - 253 -4808 Street Address (if different from above) City State ZIP Same - Email jack@stjamespoa.net 2._ Agent/Contractorinformation Business Name N/A Agent( Contractor 1: First Name MI Last Name J. Taylor Ryan Agent( Contractor 2: First Name MI Last Name Troy D. Alphin Meiling Address PO Box City State 2608 Mariners Way SE Southport NC ZIP Phone No. 1 Phone No. 2 28461 910 - 253 - 8818 ext. 201 - 924 - 5199 ext. FAX No. Contractor # 910 253 8818 N.A. Street Address (if different fromabove) City State ZIP Same Email <Form continues on back> DCM WILMINGTOIN, NC APR 3 0 9014 252.808.2808 .. 9-666-4nCOAST .. www. nccoastal man agement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 100 Southeast Street SE Subdivision Name City State Zip St James Plantation Southport NC 28461 - Phone No. Lot No. (a) (hf many, attach additional page with list) 910 - 253 - 8818 ext. 1 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project See 3a - Cape Fear River Basin - Atlantic Intrtacoastal T av Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project she. ®Natural ❑Manmade ❑Unknown Cape Fear River & Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning Jurisdiction or city limit the proposed ®Yes []No work falls within. St James, NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 540 If 430,372 square feet (9.88 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wateo or N.A., I I NWL (normal water level) (If many lot stews, please attach additional page with a lis0 10, SNHW or ❑NWL RECEmm e. Vegetation on tract Spartina Patens and Altemiflora - Ornamental landsaping ��N 1 % 2014 by Y f. Man-made features and uses now on tract DCM-MADCnY Walkway in Atlantic Intracoastal Waterway to Gazebo and platform. There is an open shelter centered in the tract with lavatories. Plantings surround the shelter, frequently used for resident sponsored picnics. There is a natures[ trail from the parking lot to the shelter as well as around the park. g. Identify and describe the ehdsting land uses adjacent to the proposed project site. .Waterway Park is Protected Area covered under the 2008 RDC Wetlands Covenant It. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? EPUD (Attach zoning compliance oertificate, if applicable) ®Yes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a ropy. []Yes []NO SNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes SNo ❑NA National Register listed or eligible property? <Form continues on next page> DCM WILMINGTON, NC APR o n 2011. 252-808-2808 .. 1-888.4RCk;AS1.. www.nccoaatalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (III) If yes to either () or (ii) above, has a delineation been conducted? -❑Yes ®No (Attach documentation, ff available) - n. Describe existing wastewater treatment facilities. Brunswick County sewer o. Descdbe existing drinking water supply source. Brunswick County p. Describe existing stone water management or treatment systems. Surface Run-off 5. 'Activities.and lthpacts 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. Oyster reef of bagged shells 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. Build by hand d. List all development activities you propose. Oyster reefs of bagged shells e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 500 OSq.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 oft h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. 't^iriJ;'=Ewf7f ', <Form continues on back> DCM WILMINGTON, NC APR 3 0 2014 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addition/ Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to propedy 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 Rosen Burte ET Nina Phone No. 202.494.0437 Address 6719 Lucy Lane; McLean, VA 22101 Name Southwind Associates, Inc. Phone No. 910.462.3121 Address 3975 S Point Drive SE; Southport, NC 28461 Name State of NC; 116 West Jones Street; Raleigh, NC 27603 Phone No. Address St James Plantation; PO Box 10879; Southport, NC 28461 - 910.253.3001 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Jack Noland - Do not have any info for prior owners. The only permit since I have been here is for the kayak launch. Permit #: 62622. Permitae: St James PDA rlo Jack Noland, Issuing date: 9/1 sit 3. h. Signed consultant or agent authorization forth, if applicable. i. Weiland 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. 1 7. Ceri fication and Permission to Enter on Lana J 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 information provided in this application is truthful to the best of my knowledge. Date T T t' r `� Print Name J. Taylor Ryan Signature 6 ' Please indicate application attachments pertaining to yourt0roposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and CulvertO DCM WILMINGTON, NC ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information APR 3 0 2014 �; JUN 17 2014 " EAf1mwc= 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net FoRi7Qi DCM UP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 28I28' Width 51/5' Avg. Existing NA NA DID Depth Final Project NA NA , 1817 Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. -o- c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ill Describe the purpose of the excavation in these areas: WA 2. DISPOSAL OPEXCAVATED MATERIAL a. Location of disposal area. NIA c. (i) Do you claim title to disposal area? []Yes []No ORA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandstmarsh (CM, 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 ❑SS []WL []None (ii) Describe the purpose of disposal In these areas: excavated. N/A ®This section not applicable d. High -ground excavation in cubic yards. N/A ®This area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (i) If yes, where? f. (1) Does the disposal include any area in the water? ]--]Yes []No ❑NA (ii) If yes, how much water area is affected? YRECE9i!IEI) APR 3 0 2014 252-808.2808 :: 1-888-4RCOASr :: www.necoastalmanaaement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 26'/Ya' []Bulkhead ❑Riprap ®Breakwater/Sill []Other: c. Average distance waterward of NHW or NWL: Landward edge of Spartina Grass e. Type of stabilization material: Bagged Oyster Shells g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill 140/140 Other_ 1. Source of fill material. Purchased recycled oyster shells Width: 575' d. Maximum distance waterward of NHW or NWL: Landward edge of Spartina Grass I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ONO ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Bagged Oyster Shells 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the stte't Lies INNO If yes, (ii) Amount of material to be placed in the water _ (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL IMII fill material be placed in coastal wetlands/marsh (D1N), submerged aquatic vegetation (SAV), Shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be controlled? backhoe, or hydraulic dredge)? Staged directly from trailer on high ground. By hand c. (i) Will navigational aids be required as a result of the project? ®Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ONO ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize Yellow reflector tape at 50' Intervals on PVC pipe. environmental impacts. RECEIVED �. ❑ IN 17 2914 J. Taylor Ryan L j® p �)G Applicant Name 1%C'•y` V!D CITY Date St James IOyster Shell Recycling and Reef Building Project " Q �!3 R EC Eum Appi ntS' ature DCM WILMINGTON, NC Project Name li APR 3 0 2014 revised: 12/26/06 tcrtcnshe"' t It Ar: . — — f.a — _Coastal Wetland .SYJaMe _._---------- Plantation LLC Ca\tal Wetla P20 gXd Planting 1 Rosen, Burte ET —m.• �j ; w� ma Exfstin9 Reef z�ftx lOanang :2 ; ApproXl n M Pro ��gsY��: ° f ` ' -�a� ; • a to 5 Fose� ago" She/,a 7 \ �. `v �A—� �- HW LIne pproXlrn Proposed Oyster Shell Bag Reef 2� ateAIWW 28ftx5ftx18in rOPertyLine A federal Channelboand KaYakLaunch PProXlmate NILW bask Line Llne z i to ti U 2 U 3 0 K U S U 6 0 7 U U y a V,6AI SE• �%n.�+ss P/��E� •�� 0ft&- 5X11 /9�� O?ft.Fs iz c E i v ._ cJcv? Vh,r,Ln nING, `iN. N' 0 Q 1 i a ! n ry. i ,�` 'V r ♦ a Ala - i a ` y • •r ` �r `..F Iry Pro ject: St. James Plantation Oyster Shell Bag Reefs Date: w `! • l.. ` r Scale: 1500 DCM WILMINGTON, NC �,I.. �^"-1.0 _.a. n y.� t r_ iv ♦. n..r -..ri -o r .[ a ... c i- .. Fr• r _� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 5, 2014 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NH DEH Shellfish Sanitation Section John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: St. James Plantation POA Project Location: 100 Southeast Street SE (Waterway Park), in St. James Plantation, adjacent to the AIWW, near Southport, in Brunswick County Proposed Project: to construct (2) two oyster bag sills and to plant wetland vegetation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 28, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424 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 gency objects to the project for reasons described in the attached comments. SIGNED DATE 7 76771 �w JUN 17 2914 Dc v:•:V::'.Dl 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoaslalrnanagement.net An Equal OppoMnity 1 Affirmative Action Empoyer Aill.-A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 5, 2014 Division of Coastal Management MEMORANDUM: TO: Connie Marlowe LPO Brunswick County John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: St. James Plantation POA Project Location: 100 Southeast Street SE (Waterway Park), in St. James Plantation, adjacent to the AIWW, near Southport, in Brunswick County Proposed Project: to construct (2) two oyster bag sills and to plant wetland vegetation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 28, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This a ency haq n4 objection to the project as proposed. pro().. l ed n 1 1v11 -_ JA'CI,YV" 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 q ilu RECMVED 127 Cardinal Drive Ext., Wilmington, NC 28405 JUN 10 2014 Phone: 91 D-796.7215 \ FAX: 910395-3964 Internet: www.nocoastalmanaQement.net An Equal Opportunq 1 Affinwtive Adon Employer DM -MC" A�',�l �j- NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 5, 2014 Division of Coastal Management MEMORANDUM: TO: Heidi Cox Environmental Engineer Public Water Supply John E. Skvarla, III Secretary JUN 0 6 2014 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: St. James Plantation POA Project Location: 100 Southeast Street SE (Waterway Park), in St. James Plantation, adjacent to the AIWW, near Southport, in Brunswick County Proposed Project: to construct (2) two oyster bag sills and to plant wetland vegetation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 28, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424 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. �rt��� This agency objects to the project for reasons described in the attached comments. SIGNED �Y,�ko wl� DATE RECENED 127 Cardinal Drive Ext., Wilmington, INC 28405 JUN 1 1 2014 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer �cn%n may, ®F�l/t� NCDEER North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 5, 2014 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO JUN 2014 John E. Skvarla, III Secretary FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: St. James Plantation POA Project Location: 100 Southeast Street SE (Waterway Park), in St. James Plantation, adjacent to the AIWW, near Southport, in Brunswick County Proposed Project: to construct (2) two oyster bag sills and to plant wetland vegetation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 28, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424 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 — E �i 2D f 4 RECEIVED JUN 112014 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-MODCffV Phone: 910-796-7215 \ FAX: 910-395.3964 Internet: www.nccoastalmanagement.net An Eqwi Opportunity \ Alfirmafive Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 5, 2014 Division of Coastal Management MEMORANDUM: 0`1 .0 2L- TO: Maria Dunn NCWRC WaRO / WiRO U e , JwA ZM4 WWV ED 1 John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: St. James Plantation POA Project Location: 100 Southeast Street SE (Waterway Park), in St. James Plantation, adjacent to the AIWW, near Southport, in Brunswick County Proposed Project: to construct (2) two oyster bag sills and to plant wetland vegetation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 28, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424 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. SIGNEDDATE 6-21.-2Jitt?— RECEIVED 11 JUN 3 0 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM MEiUCIfY Phone: 910-798-7215 \ FAX: 910395-3964 Internet: www.nccoastaimanaciement.net An Equal opportunity 1 Affirmative Action Empoyer LWIWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 5, 2014 Division of Coastal Management MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office RECEIVED JUN 0 9 2014 DOA STATE PROPERTY OFFICE John E. Skvada, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: St. James Plantation POA Project Location: 100 Southeast Street SE (Waterway Park), in St. James Plantation, adjacent to the AIWW, near Southport, in Brunswick County Proposed Project: to construct (2) two oyster bag sills and to plant wetland vegetation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 28, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424 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 SIGNED objects to the project for reasons described in the attached comments. DATE v su CUVED B JUN 2 7 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 ,R,. Phone: 910-790-7215 \ FAX: 910-395-3964 Internet: www.nocoastalmanaaement.neP DCNI-MIM CITY An Equal Oppirtuniry \ Affirmative Action Emdoyer Bpnmrick sty--Besylstex of Deeds Robart J. eoblrruar 21T Trot t181082 Book 1840page 10/09/2003 03:25:10p1 �1 1 �5�g MAP MPSUFh_ N Su )Nt �/� gdf�gfAr1T SPEAJ, _REV TC!_L COMMON AREA DEED UO _CK ANT iet-af YV18 NORTH CAROLINA - BRUNSWICK COUNTY CASH._._REF_liY Ti_ THIS DEED is made on October 9.. 2003, by and between First St. James, Inc., a North Carolina corporation, Brunswick Harbor, Inc., a North Carolina corporation, and St. James Plantation, LLC, a North Caroline limited liability company (collectively, the "Grantor"), and St. James Plantation Property Owners' Association, Inc., a North Carolina nonprofit corporation with an address of P.O. Box 10879, Southport, North Carolina 28461 ("Grantee"). 0.TTNESSEPH: That Grantor, for a valuable consideration, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all of those certain tracts or parcels of land situated in Brunsxick County, North Carolina, and more particularly described as follows: All of that tract containing 9.88 acres and designated as Tract I on that plat of Waterway Park, Sheet I of 2, St James Plantation, recorded in Map Cabinet Zg_, Page S! 6�, Brunswick County Registry. All of that tract containing 4.90 acres and designated as Tract 2 on that plat of Waterway Park, Sheen 2 of 2, St. issues Plantation, recorded in Map Cabinet ? 49 , Page V (o,, Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and appurtenances thereto belonging to Gramec in fee simple. THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING RESTRICTIONS, RESERVATIONS AND EXCEPTIONS: The above described property is and shell be held as Common Properties, as defined in that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453, Brunswick County 131922,1 Prepared try: Schell Firs) Aycock Abel k Livingston P.L.L.C. ()AM) (without Title Eaun nittion) RECEIVE® DCM WILMINGTON, NC APR 2 S 2014 RECEMD JUN 2 9 2014 ncM-MHDCffy t r I 9 last S laidn Ewa 1940page: 140 Registry,.. as emended, for, the uses and purposes, and subject to all �of the covenantsyconditions,'rdstdctions easementsand reservations set forth therein. 2. Grantor reserves unto Itself. its successors and -assigns, a non-exclusive right of way and easement for n�ress, egre5;:and r6grdss;and for the,inetallation and maintenance of. drainage facilities sad utiesliti(inelWing'imgntioo), over, upon and-undbrft abovc`dhscribad property, whicti noncxcitisive,dgbt of wayihd easement may be swiped in whole or, r parr, 3. This, coaveyante is made subject to essernents, rights of v.my and reshictions:of record. The: designation, Grantor and. Grantee, as used'hereid, shelf intlude said.parlies and their respective iuccessors,and 'ssgigns,. IN .WITNESS WHEREOF; Grantor Has caused -this inatnyiient W be duly.executedea of the day end-yearr,, r si ab've,"46 . ,FIRST ST. JAMES, INC.. By. ' _�.. _. S. Atkinson, Jr., —Vice President BRWSVZICK'HARBOR INC. �✓ ohn A. Atkinson 7r, Vice Px9dcnt, ST. JAMES PLANTATION, LLC; By. �— At. Atkinson, Jr., Authorized Agent Imit 8 181082 Book 1810p.W: 749 NORTH CAROLINA -BRUNSWICK COUNTY 1, a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. ally came before me this day and acknowledged that he is a Vice President of FIRST ST. TAMES, INC., a corporation, and that he. as Vice President being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand an stall this S-_ day of_, 20AA�. (Ntary Seal) ' �y. _A -.G.� C��'fpi O ............. My Commission Enpirea:u� ,py, �-- Cto Get NORTH CAROLINA - BRUNSWICK COUNTY a Notary Public of said County and State. certify that JOHN' A. A ❑NSON, JR. pars alty came before me this day and acknowledged that he is a Vice President of BRUNSWICK HARBOR, INC, a corporation, and that he, as Vice President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my 6snd,apd�?1, this�day of (Notary Seal) ieoI'' .' •p Notary Public.) My Commissiw Ezpims=e NORTH C.`ROLINA - BRUNSWICK COUNTY 1, a Notary Public of said County and Sum, ccrtifv that JOHN A. ATTCMSON, JR. pergonailly appeared before me this day and acknowledged that he is an Authorized Agent of Sf. JAMES PLANTATION, LI.C, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal, this day ofC<'u 20 ,n,Nlllyi (Notary Seal) �� Nnery Public My Commission Lvims: =-1 n O? A1N� STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN SOLING The Foregoing (or anrseaed) Certificam(s) of Notary(ies)Public is (am) Certified to be Correct. 9th uccooax z"�' Thu In Book and was filed for rt the First on. this Day of in the Bonk and page shown on the First Page hereof. RO 'J•R 1' N�RegbrMDeeM— RECEIVED DCM WILMINGTON, NG UCEIVED APR 2 8 2014 JUN 2 7 2014 =11MMMY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: St. James Plantation POA, c/o Jack Noland Project Name: St. James Oyster Shell Recycling & Reef Building Project 2. LOCATION OF PROJECT SITE: Project site is located at 100 Southeast St SE (Waterway Park), in St. James Plantation, Brunswick County. Photo Index - 2006: 9-6130; M, 17 2000: 9-86; L, 7 1995: 9-84; E, 10 State Plane Coordinates - X: 2267337 Y: 64420 Rover File: N/A Lat: 33° 55' 25.44"'N Long: 78' 7'7.98"W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/15/14, 5/30/14 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — Complete 5/13/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification From LUP — Recreation/Open Space (B) AEC(s) Involved: EW, PTA (C) Water Depend (D) Intended Us,. Public (E) Wastewater ent: Existing — Municipal sewer Planned - N/A (I) Type of Structures: Existing — Public park with parking area & associated structures. Planned - Two ova st�Q march gills. (G) Estimated Rate of Erosion: N/A Source: N/A HABITAT DESCRIPTION: [AREA] DREDGED UjL2 OTHER (A) Vegetated Wetlands §404 wetlands —280 sq. ft. (sill) —400 (disturbed, (B) Non -Vegetated Wetlands lamed Other — High ground (D) Total Area Disturbed: 680 sq ft. (0.02 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to construct two oyster bag sills and to plant wetland vegetation. RECEIVED t SUN 2 7 2014 St. James Plantation POA, c/o Jack Noland Page Two 9. PROJECT DESCRIPTION The project is located at the 100 Southeast Street SE, adjacent to the Atlantic Intracoastal Waterway (AIWW), in the Town of St. James Plantation, 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.Turn onto Dosher Cutoff and then turn right at Southport -Supply Rd. SE/ NC-133. Travel approximately 3.25 miles to the entrance of St. James Plantation. Turn left into St. James Plantation and follow St. James Drive SE to its end. Take a right at the roundabout and make the first left into Waterway Park. Please note that St. James Plantation is a gated community and a site visit should be arranged with the applicant.prior to your visit to guarantee access to the site. The project area is located adjacent to a 9.88 acre public park. The shoreline of the park has not been stabilized. The elevation of the tract is approximately 10' above normal high water. High ground vegetation on the tract consists primarily of lawn grasses and ornamental plantings. The highground portion of the park area has a gravel parking lot, gazebo/picnic area with restrooms, and walking trails. A pier with two covered gazebos and a floating dock with kayak launch provide water access. Two existing oyster bag sills are located to the west of the pier. Marsh vegetation consists of Black Needlerush (Juncos roemerianus) Spikegrass (Distichlis spicata), Glasswort (Salicornia spp), Salt Meadow Hay (Spartina patens), and Sea Oxeye (Borrichia frutescens) above mean high water, which measures approximately 90' in width. A fringe of Salt Marsh Cordgrass (Spartina altern j7ora) continues below the mean high water line and measures approximately 45' in width. The waters of the AIW W, adjacent to the project site, are classified as SB by the North Carolina Division of Water Resources. The area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is closed to the harvesting of shellfish. The applicant is proposing to construct two bagged oyster shell sills and to plant Spartina alterniora landward of both sills. The first sill would be located between the two existing sills to the west of the pier. The second sill would be located to the east of the pier. Each of the sills would measure approximately 28' in length, 5' in width and approximately 18" in height. Both sills would be comprised of two layers of mesh bagged oyster shells. Both sills would be located between the mean high and normal low water lines. Each of the two Spartina altern j2ora planting areas would measure approximately 20' in length by 10' in width and would also be located between the mean high and normal low water lines, landward of the two proposed sills. The sills would be located approximately 55' waterward of the mean high water line and approximately 10' waterward of the edge of marsh. No high ground work is proposed. The applicant has stated that the bagged shells will be trucked to the site at time of construction and will be transported by hand via the pier to the construction area. 10. ANTICIPATED IMPACTS: The proposed oyster shell bagged sills would result in the fill of approximately 280 square feet of shallow bottom located in the Estuarine Waters and Public Trust Areas of Environmental Concern (AECs). The marsh plantings would result in temporary impacts to approximately 400 square feet of Estuarine Waters and Public Trust Area. Temporary increases in turbidity can be expected. Submitted by: Heather Coats Date: June 4, 2014 Office: Wilmington 2608 Mariners Way SE St. James Plantation Southport, NC 28461-8512 Home: 910.253.8818 iphone: 201.924.5199 April 24, 2014 St James Oyster Shell Recycling & Reef Building Project Project Narrative: Existing Conditions: RECEIVED DCM WILMINGTON, NC APR 3®2014 �,R&CERTD JUN 2 7 2014 r DCM-MHDCny On August 6 - 7, 2007, 21 cubic yards of bagged oyster shells were placed in 2-reefs on the south side of the St James' Waterway Park, approximately 200' walk to the Gazebo in the ICW. They are designated as "UNCW Research Sanctuary." Planning, approval, and on -site visits included Stephen Taylor, DMF; Ted Wilges, NC Coastal Federation, Craig Hardy, DE&NR; Dr. Martin Posey, UNCW; Troy Alphin, UNCW, Sabrina Vamam, DMF. About 90 St James Citizen Scientists participated in bagging and placing the bagged shells over a 3-day period. The reefs have been fully supported by the UNCW team led by Troy Alphin, UNCW Senior Research Associate and his students in our St James intern program, as well as St James Citizen Scientists. St James Waterway Park is at 100 Southeast Street off St James Drive about 4-miles from the front gate on route 211 (Southport -Supply Road). Waterway Park is a Protected Area covered under the 2008 RDC Wetlands Covenants. These reefs have proven to serve as a wildlife habitat, a means to prevent erosion, and a way to clean our waters at the 30-50 gallons of water per day as oysters have credit for providing. UNCW Interns regularly measure the wildlife found in the reefs and larvae attaching to the shells. Additionally, "spat racks" are employed to further measure spat found in the ICW. There are no pollution incidents to our knowledge; there is no development other than a pavilion, a covered facility with picnic tables; there are no streams in the park entering the ICW; there are no riparian buffers, or areas of environmental concern. On April 20, 2011,Earth Day, we gained approval to plant 190 Spartina patens (110), Spartina alterniflora (40), Kosteletzkya virginica (20), and Hibiscus moscheutus (20) in the area on the west side of the north reef and on the north side of the gazebo walkway. The Spartina has done extremely well, but the flowers did not survive. Troy Alphin and Ted Wilges provided guidance, and assistance in planning this activity. Another 500 Spartina Patins were planted on July 18, 2013. For the last 4-years, St James has hosted the UNCW Ocean 17 campers for a day to assist in building our reefs. Loose shells have been placed in Beaver Dam Creek where 2-additional UNCW Research Sanctuaries have been designated. St James is a community committed to the protection of our natural resources. Our Citizen Scientists volunteers extensively on these projects and many others. In 2013, 12 youth from The Southport Boys and Girls Club joined us in our program to reach out to our community's children. The same invitation will be extended this year; as will one to The local Scouting Organizations. Proposed: Our request for approval is: (Each reef will be 2-mesh bags high, anchored by rebar cut flush, as recommended by UNCW) • Build reef #3, about 28' x 5' x 18", on the south side of the gazebo between the existing 2-reefs with bagged shells — July 17, 2014 (Ocean17 Campers). This reef will protect the marsh from wave action but provide gaps to allow access by finfish and crustaceans that utilize the marsh edge. (See Figure 1 and 2) • Add reef #4, about 28' x 5' x 18" on the north side of the walkway to the gazebo —This reef will be used to protect the existing and proposed marsh plantings from erosion. (see figure 1 and 3) • Add additional Spartina plantings about both 20' x 10' — July 17, 2014 (Ocean17 Campers). North and south of the walkway and gazebo to fill in gaps remaining from previous marsh loss. The Town of St James has purchased about 125 bushels of oyster shells that are stored at UNCW — CMS. Our scoping plan will determine the additional shells needed. No acreage will be disturbed as shells will be transported on the gazebo walkway and placed on a slide to the water at low tide, as we did previously. Funding will be from the Town of St James annual budget designated for this project with our partnership With UNCW. Thank you, ITTAI J. Taylor Ryan 2608 Mariners Way SE St, James Plantation Southport, NC 28461-8512 910.253.8818 — Phone & Fax 201.924.5199 — Mobile Itaylorryan anmsn.com Figure 1. Proposed reef #3 is located on the south side of the walkway and gazebo. This structure .will provide protection to the currently unprotected marsh between the previously placed reefs but will not fill the entire, leaving —1-2m of space between the proposed reef and the existing structures. Proposed reef #4 will protect the marsh plantings on the north side of the walkway and gazebo from boat wakes, to prevent further erosion of the site. RECEIVED DCM WILMINGTON, INC APR 3 0 2014 I Fiqure 2. This shows the relative placement of proposed oyster reef #3 relative to the existing reefs Figure 3. Relative placement of proposed oyster reef #4 Figure 4 — Ground level view of St James Oyster Reets #t and 2 APR 3 0 2014 A MINN" APPLICATION for Tor Development Permit past revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) St James Plantation Poa St James' Oyster Shell Recycling & Reef Building Project Applicant 1: First Name MI Last Name Jack Noland Applicant 2: First Name MI Last Name If additional applicants please attach an additional page(s) with names listed. Mailing Address PO Box City State 4140 Southport -Supply Road, Suite B Southport NC ZIP Country Phone No. FAX No. 28461 USA 910-253-4805 ext. 910 - 253 -4808 Street Address (if differentfrom above) City State ZIP Same Email jack@stjamespoa.net 2. Agent(Contractor Information Business Name N/A Agent/ Contractor 1: First Name MI Last Name J. Taylor Ryan Agent( Contractor 2: First Name MI Last Name Troy D. Alphin Mailing Address PO Box City State 2608 Mariners Way SE Southport NC ZIP Phone No. 1 Phone No. 2 28461 910-253-8818 ext. 201-924-5199 ext. FAX No. Contractor # 910 253 8818 N.A. Street Address (if different from above) City State ZIP Same Email <Form continues on back> DCM WILMING7ON, NC 252-808-2808 .. 1.868-4PCOA5T .. www.aceoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 100 Southeast Street SE Subdivision Name City State Zip St James Plantation Southport NC 28461 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 253 - 8818 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project See 3a - Cape Fear River Basin - Atlantic Intrtacoastal Tdy ti WaterWay 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 Cape Fear River & Atlantic Ocean 0. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. St James, NC 4. Site Description a. Total length of shoreline on the tract (R) b. Size of entire trod (sq.ft) 540 If 430,372 square feet (9.88 acres) c. Size of individual Ks) d. Approximate elevation of tract above NHW (normal high water) or N.A., I I NWL (normal water level) RECEIVED (If many lot sizes, please attach additional page with a by 10' IIONHW or ❑NWL e. vegetation on tract JUN 2 7 ZN Spartina Patens and Altemiflora - Ornamental landsaping g 4 DCM-MO CITY f. Man-made features and uses now on tract Walkway in Atlantic Intracoastal Waterway to Gazebo and platform. There is an open shelter centered in the tract with lavatories. Plantings surround the shelter, frequently used for resident sponsored picnics. There is a natureal trail from the parking lot to the shelter as well as around the park. g. Identify and describe the existing land uses a ' cent to the proposed project site. .Waterway Park is Protected Area covered under the 2008 RDC Wetlands Covenant h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? EPUD (Attach zoning compliance certificate, if applicable) ®Yea ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No it. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No ONA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 50M WILMINGTON, NC AOD o n nntt. 252-808.2808 .. 1-888.4RCOAS"f .. www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) 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 (Ili) If yes to either () or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Brunswick County sewer o. Describe existing drinking water supply source. Brunswick County p. Describe existing stone water management or treatment systems. Surface Run-off S. 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. Oyster reef of bagged shells c. Describe the proposed construction methodology, types of construction equipment to be used dudng construction, the number of each type of equipment and where it is to be stored. Build by hand d. List all development activities you propose. Oyster reefs of bagged shells e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 500 ®Sq.Ft or []Acres g. W81 the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use oft , h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. f"Et... fVi-(Vi -PotTn continues on back> DCM WILMINGI ON, NC APR 3 0 2014 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additfonallnfonnation In addition to this completed application form, (MP-1) the following items below, If applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how 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 Rosen Burte ET Nina Phone No. 202.494.0437 Address 6719 Lucy Lane; McLean, VA 22101 Name Southwind Associates, Inc. Phone No. 910.452.3121 Address 3975 S Point Drive BE; Southport, NC 28461 Name State of NC; 116 West Jones Street; Raleigh, NC 27603 Phone No. Address St James Plantation; PO Box 10879; Southport, NC 28461 - 910.253,3001 g. A list of previous state or federal permits issued for work on the project tract. Include pertnh numbers, permittee, and Issuing dates. Jack Noland - Do not have any info for prior owners. The only permit since I have been here is for the kayak launch. Permit #: 62622. Permitee: St James PDA clo Jack Noland, Issuing date: 9/18113. h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development aescnoea in the apprlcakron. 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 t information provided in this application is truthful to the best of my knowledge. Date L t�� ; t-v Print Name _ I. Taylor Ryan Signature i Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MPA66-5 B�Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information JUN 2 7 2014 DCM WILMINGTON, NC APR 3 0 2014 252.808-2808 .. 1-888.4RCOAST .. www.ncliC 3*ttVrt'4nr�nagement.net Forms DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 28'/28' Width 51/5' Avg. Existing NA NA Oil) Depth Final Project NA NA 18"/18" Depth 1..EXCAVATIOPl a. Amount of material to be excavated from below NHW or NWL in cubicyards. -o- 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 (i) Descdbe the purpose of the excavation In these areas: N/A excavated. WA ®This section not applicable d. High -ground excavation in cubic yards. N/A I ' DISPOSAL OP EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. NIA c. () Do you claim Utle to disposal area? ❑Yes []No ®NA (ii) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW ❑SAV ❑SB _ CIVIL []None (i) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? []Yes []No ❑NA (i) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (i) If yes, how much water area is affected? REECEi zE-.V,- DCM WILMIt GT(- ,'d, h!': APR 3 0 2014 252-808-2800 :: 1-888.4P.COAST :: www.nccoastatmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 8'/Z ' ❑Bulkhead ❑Riprap ®Breakwater/Sill []Other _ c. Average distance waterward of NHW or NWL: Landward edge of Spartina Grass e. Type of stabilization material: Bagged Oyster Shells g. Number of square feet of fill to be placed below water level. Bulkhead backfll _ Riprap _ Breakwater/Sill 140/140 Other_ i. Source of fill material. Purchased recycled oyster shells Width: '/�5' d. Maximum distance waterward of NHW or NWL: Landward edge of Spartina Grass f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Bagged Oyster Shells 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the slte? []Yes ®No ❑NA b. () Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water _ number of square feet affected. (iii) Dimensions of fill area _ ❑CW ❑SAV _ ❑SB _ (iv) Purpose of fill ❑WL []None (ii) Describe the purpose of the fill in these areas: & GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Staged directly from trailer on high ground. c. (i) 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. Yellow reflector tape at 50' intervals on PVC pipe. (e.g., dragline, backhoe, or By hand 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. J. Taylor Ryan Date .;�:! Applicant Name St James Oyster Shell Recycling and Reef Building Project `ya ��r�Q� (VE ApAp� pprkants' ature DCM WILMINCTON, NC Project Name APR 302014 262.808-2808 :: 1.8884RCOAST :: www.ncc,- _._ant_net revised: 12/26/06 "'SIC Zhel6r , F M 1 " --- ----�\ Coastal 4.• — — � _ wetland St Jame plantations — — — — ------- —; — \v �\v R} Pro ^/ ° \V Rosen, Burte V' r , a+, . Oa\tal Wetland 20ftxaol"t'ps 7 �/ W ET — — I " ina Propose ExistingReef .'^a `t20 gXh,Planhn97 s gpproxim Pr t�gSYSIeLR ft e..``� y. " ate M oPose �— 4 �.° H Line �. 28 yl) e Syell ��'= t X g it x 188ag ReefIt7? t"tl � ti `� ' — V y� e proposed fSBag Rel2 28x18roperty LineApprOXlmateAJW ' - Federai Ch. GaZ bo and Kayak Launch ApproXirna to Setback Line MLW Line r + nSn ri ♦ 6 r • Project: St. James Plantation Oyster Shell Bag Reefs Date: I HECEAVED u Recommendations for State Permit- St. James Plantation POA, c/o Jack Noland 6/4/14 Y It is the opinion of this office that the proposed work is consistent with the Use Standards for Estuarine Waters and Public Trust Areas, as set forth in NCAC 07H .0206 & .0207 and the General Use Standards in 07H .0208(a). In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the following conditions: 1. The alignment of the offshore sill shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 2. The authorized offshore sill shall adhere to the alignment depicted on the attached workplan drawings. 3. The sills shall be marked at ench end of the structures with tallow reflectors extending at least three feet above the normal high water line. 4. The sill material shall be free from loose dirt of any pollutant. The material shall be of a size sufficient to prevent their movement from the approved alignment by wave or current action. 5. This permit does not authorize the placement of any backfill material behind the authorized structures. 6. The plantings shall take place in accordance with the project narrative dated and the attached workplan drawings. 7. No open water areas shall be filled outside of the alignment depicted on the attached workplan drawings. 8. Thepermittee 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 transferred it to a third party. 9. The 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. 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. RECEIVED Jh" P ')0'4 MU-M MCITY Howell, Jonathan From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mil] Sent: Monday, July 14, 2014 10:43 AM To: Howell, Jonathan; Coats, Heather Cc: Coburn, Chad Subject: (UNCLASSIFIED). Classification: UNCLASSIFIED Caveats: NONE Here are federal conditions for the St James Oyster sill project. A hard copy is coming in the mail. 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 2. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 3. The permittee understands and agrees that, if future operations by the United States' require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. 4. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 7. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 1 9. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 10. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 11. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 12. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 13. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 14. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smith@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatory.usacesurvey.com/. Thank you for taking the time to visit this site and complete the survey. Classification: UNCLASSIFIED Caveats: NONE NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 5, 2014 Division of Coastal Management MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR - Wilmington JUN 0 6 2014 John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: St. James Plantation POA Project Location: 100 Southeast Street SE (Waterway Park), in St. James Plantation, adjacent to the AIWW, near Southport, in Brunswick County Proposed Project: to construct (2) two oyster bag sills and to plant wetland vegetation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 28, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. (7C I -offer wr;ihtn ce%irl 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. T is agency objects to the project for reasons described in the attached comments. SIGNED C_e/ DATE DCn %6 //y RECEIVED JUL 15 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 1. Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net' DIX-Moc" An Equal Opportunity \ Affirmative Action Employer IWWR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 26, 2014 St. James Plantation POA Mr. Jack Noland 4140 Southport -Supply Road, Suite B Southport NC 28461 John E. Skvarla, III Secretary DWQ Project # 14-0620 Brunswick County Subject Property: St. James Oyster Shell Recycling & Reef Building Project NO WRITTEN CONCURRENCE NEEDED Dear Mr. Noland, You have our approval, in accordance with the attached conditions to construct two (2) oyster bag sills and to plant wetland vegetation as described in your application received by the N.C. Division of Water Resources (DWR) on June 9, 2014. After reviewing your application, we have decided these impacts'ln are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3900 (GC3900) are met. This certification may also be viewed on our website at http://T)ortal.ncdenr.orgLweb/wg/swr)/ws/401/certsandl)erm . This Certification allows you to use the Regional General #198000291 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigatio ma required as described in 15A NCAC 2H .0506 (h). This approval requires you to follo conditions listed in the attached certification and any additional conditions listed below JUL 15 2014 Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 40l/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. v d d f wr 3C� s' 1617 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdencgov k f_r.; An Equal Opportunity 1 Arfimiab" Acton Em 4 �DD� b WoYer-Made in part by 2 St. James Plantation POA Oysta Bag Sills Brunswick County 2014-0620 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, ae'�Z Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR RECBNED JUL 15 2014 �rmcrry Enclosures: GC3900 Certificate of Completion cc: J. Taylor Ryan — 2608 Mariners Way, SE, Southport, NC 28461 Ronnie Smith — USACE Wilmington Field Office Heather Coats — DCM Wilmington Jonathan Howell — DCM Morehead City Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I JUL 15 N14 I, , hereby state that, to the best of my abilities, due XeVWfto ¢ was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date tv F MEMORANDUM To: Jonathan Howell From: Michael Christenbury Subject: Consistency Determination, Major Permit Application, St. James Plantation POA — Brunswick County Date: July 16, 2014 This project is consistent with the 2007 Brunswick County Land Use Plan Update. The applicant proposes to construct two oyster bag sills and to plant wetland vegetation. The project is located at 100 Southeast St. SE (Waterway Park) in St. James Plantation, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PT. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Brunswick County Land Use Plan and offer the following comments. The general area of the project is classified as Conservation In general, Brunswick County allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Brunswick County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent and not in conflict with the 2007 Brunswick County Land Use Plan. Cc: File t -, 1R DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: St. James Plantation POA, c/o Jack Noland Project Name: St. James Oyster Shell Recycling & Reef Building Project 2. LOCATION OF PROJECT SITE: Project site is located at 100 Southeast St SE (Waterway Park), in St. James Plantation, Brunswick County. Photo Index - 2006: 9-6130; M, 17 2000: 9-86; L, 7 1995: 9-84; E, 10 State Plane Coordinates - X: 2267337 Y: 64420 Rover File: N/A Lat: 330 55' 25.44" 'N Long: 78' 7'7.98"W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: 5. PROCESSING PROCEDURE: Dates of Site Visit — 4/15/14, 5/30/14 Was Applicant Present — Yes Application Received — Complete 5/13/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification From LUP — Recreation/Open Space (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) (G) RED rU N 09 2014 Wastewater Treatment: Existing — Municipal sewer DC:v dV_T'.J CITY Planned - N/A Type of Structures: Existing — Public park with parking area & associated structures. Planned - Two oyster bag marsh sills. Estimated Rate of Erosion: N/A Source: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED Ellim OTHER (A) Vegetated Wetlands §404 wetlands —280 sq. ft. (sill) pl Oplanteddisturbed, (B) Non -Vegetated Wetlands Other— High ground (D) Total Area Disturbed: 680 sq ft. (0.02 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to construct two oyster bag sills and to plant wetland vegetation. 4 1. St. James Plantation POA, c/o Jack Noland Page Two 9. PROJECT DESCRIPTION The project is located at the 100 Southeast Street SE, adjacent to the Atlantic Intracoastal Waterway (AIW W), in the Town of St. James Plantation, 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 3.25 miles to the entrance of St. James Plantation. Turn left into St. James Plantation and follow St. James Drive SE to its end. Take a right at the roundabout and make the first left into Waterway Park. Please note that St. James Plantation is a gated community and a site visit should be arranged with the applicant prior to your visit to guarantee access to the site. The project area is located adjacent to a 9.88 acre public park. The shoreline of the park has not been stabilized. The elevation of the tract is approximately 10' above normal high water. High ground vegetation on the tract consists primarily of lawn grasses and ornamental plantings. The highground portion of the park area has a gravel parking lot, gazebo/picnic area with restrooms, and walking trails. A pier with two covered gazebos and a floating dock with kayak launch provide water access. Two existing oyster bag sills are located to the west of the pier. Marsh vegetation consists of Black Needlerush (Juncos roemerianus) Spikegrass (Distichlis spicata), Glasswort (Salicornia spp), Salt Meadow Hay (Spartina patens), and Sea Oxeye (Borrichia frutescens) above mean high water, which measures approximately 90' in width. A fringe of Salt Marsh Cordgrass (Spartina alternii fora) continues below the mean high water line and measures approximately 45' in width. The waters of the AIWW, adjacent to the project site, are classified as SB by the North Carolina Division of Water Resources. The area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is closed to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to construct two bagged oyster shell sills and to plant Spartina alternii fora landward of both sills. The first sill would be located between the two existing sills to the west of the pier. The second sill would be located to the east of the pier. Each of the sills would measure approximately 28' in length, 5' in width and approximately 18" in height. Both sills would be comprised of two layers of mesh bagged oyster shells. Both sills would be located between the mean high and normal low water lines. Each of the two Spartina alterniora planting areas would measure approximately 20' in length by 10' in width and would also be located between the mean high and normal low water lines, landward of the two proposed sills. The sills would be located approximately 55' waterward of the mean high water line and approximately 10' waterward of the edge of marsh. No high ground work is proposed. The applicant has stated that the bagged shells will be trucked to the site at time of construction and will be transportedAyMfivia a pier to the construction area. I( 10. ANTICIPATED IMPACTS: JUN 0 9 M* f The proposed oyster shell bagged sills would result in the fill of approximately 280 square feet of shallow bottom located in the Estuarine Waters and Public Trust Areas of Environmental CoR�H1 . The marsh plantings would result in temporary impacts to approximately 400 square feet of Estuarine Waters and Public Trust Area. Temporary increases in turbidity can be expected. Submitted by: Heather Coats Date: June 4, 2014 Office: Wilmington W MR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary June 4, 2014 J Taylor Ryan 2608 Mariners Way SE. Southport, NC 28461 Dear Mr. Ryan: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for St. James Plantation POA, for State approval for development of the subject property located at 100 Southeast St SE(Waterway Park), adjacent to the Atlantic Intracoastal Waterway (AIW W) in St. James Plantation, Brunswick County. It was received as complete on May 13, 2014 and appears to be adequate for processing at this time. The projected deadline for making a decision is July 28, 2014. 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 May 13, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff 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: Jonathan Howell, DCM Ronnie Smith, ACE Connie Marlowe, Brunswick County Jack Noland, St. James POA Wilmington Files 1601 Mail Servioe Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.nedenr.gov An Equal Opportunity 1 Affirmative Mon Employer- Made in part by recycled paper ri RBCM'ED N 0 9 2014 7 CNOTI(1176A � m � O LAMA PERMIT APPLIED FOR 60JECT: Applicant proposes to construct two (2) 'on COMMENTS ACCEPTED THROUGH _,/une 28, 2014 APPLICANT: J. Taylor Ryan 2608 Mariners Way SE �t Southport, NC 28461 or : St. James Plantation 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 910-796-7424 Coats, Heather From: J. Taylor Ryan Utaylorryan@msn.com] Sent: Wednesday, April 23, 2014 8:20 AM To: Coats, Heather Cc: Troy D. Alphin; 'Jack Noland'; J. Taylor Ryan Subject: FW: CAMA Application for Oyster Reefs Heather, Please see Jack Noland's approval below. Thank you, Tnlulor J. Taylor Ryan 2608 Mariners Way SE St. James Plantation Southport, NC 28461-8512 910.253.8818 — Phone & Fax 201.924.5199 — Mobile taylorryana(2msn.com - " ( A,Te • • From: Jack Noland [mailto:jack@stjamespoa.net] Sent: Wednesday, April 16, 2014 4:05 PM To:'J. Taylor Ryan' Subject: CAMA Application for Oyster Reefs I approve Taylor Ryan to sign application. JACK NOLAND, P.E. ENGINEER ST. JAMES PLANTATION POA 4140 Southport -Supply Road Suite B Southport, NC 28461 910-253-4805 910-2534808 (fax) RECEM JUN 0 5 2014 1s DCM•MHDCUY 'The information in this email, and in any attachments, may contain confidential information and is intended solely for the attention and use of the named addressee(s) only. It must not be disclosed to any person without authorization. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are not authorized to, and must not, disclose, copy, distribute or retain this message or any part of ft." ■ 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 hack of the mallplece, or on the front if space permits. 1. Article Addressed to: SovrHU✓ j p Cl THPO%� T 2,? RECEIVED DCM WILMINGTON, NC 11011 ��isL• [IiYIlSi7 D. Is delivery address different from Rem It YES, enter delivery address below: No 3. Service Type )!rCer ifed Mailm Nority Mail Express" ❑ Registered .❑ , nu Retum Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4, Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7012 2210 0002 0860 7264 mransfer from sentfoe laben —._ .._..__....._. _._.. Ps Form 3811, July 2013 Domestic Return Receipt MAY 3 0 2014 RECENBl3' JUN 0 9 201d DCM•MHD CITY O 4 C N a \ 1` n^^ 1^ -J CI E-' Rl N r'u I, O 0 O 0 nu CI w R' O 1.1 ru En ,j oa#Wo ma 2y.01 0�a�3aCOMPLETE �mc pa s Complete items 1, 2, and 3. Also complete Er item 4 it Restricted Delivery is desired. 3 ma w m 1 le Print your name and address on the reverse 2. m N so that we can return the card to you. ■ Attach this card to the back of the mailplece, w m 3 m m m 1 or on the front If space permits. m w, a@ Q y 1. Article Addressed to: oo + daw �a1 OF w1 l STi47�- o F I Or CA /OL o,m.:goo m_.3114WC-G7- a w`76©3 r1, ro 7012 2210 0002 0860 7264 2. Article Number A. Signature x ..w+ El Adds B. RWAkvdjyy4Q&t9d Ivarrf4_ ate Is delivery address different from item 1? ❑ Yes If YES, empr,{lplivpryt@tld mMcelow: ❑l No 3. Service Type .8-Certified Maila ❑ Priority Mail Express"' ❑ Registered Return Receipt for Meroha ❑ Insured Marl ❑ Collect on Delivery 4. Restricted Delivery? X)dra Fee) ❑ yes 7012 2210 0002 0860 7233 PS Form 3811, July 2013 _ Domestic Return Receipt ■ Complete items 1, 2, and 3. Aisocomplete 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 mailpiece, or on the front if space permits. 1. Article Addressed to: R056-A" BVI?T6 E*r IYJI"r4 E-1/9 /-OWL "^t-- 22101 2. Article Number (Transfer from service PS Form 3811. July 2013 A. X a C. 0 Agen ❑ Adds D. Is delivery address different from Item 1, u Jfea If YES, enter delivery address below: ❑No 3. Service Type .�rCertif ad Mall° ❑ Priority Mail Express" ❑ Registered .$( Return Receipt for Mercha ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7012 2210 0002 0860 7240 Domestic Return Receipt rRECENED i JDJUN 0 9 2914 CINIA1,?n Uff CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner, -3 7.. Titir%1i 5 4,4 ��, 1 -' r r: i? K Address of Property: Agent's Name k T. 74 Agent's phone #: %16`. 2 G11 9 S ec't Flf0c}27-/t'C 14 (Lot or Street #, Street or R d, City & County) t'7✓�o MailingAddress; s 5` 6-1) a c'� 0 T11AJ' T ,-L G itliV /-s "-4 F ! iff r. ) y%'Tt'i411, ';r/,�.!<.0t-ri 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 they are proposing. A description or drawinn with dimensions must be provided with this letter. - I have no objections to this proposal. ______ I have objections to this proposal. tf you have objections to what is being proposer(, you most notify the Division of CoastarMaragement (DCM) in willing within,tfdays of receipt of this notice. Correspondence should be matted to 127 Cardinal Drive Ext, Wilmington, NC, 28405.2845. DCM representatives can also be contacted at (910) 796.7215. No response is considered the same as no objection if you have been notified by Certified Mail. j' WAIVER SEC N I understand that a pier, d mooring pili , ngs, bre ater, boathouse, lift, or back a minimum distance of om my area o if arian access unless wai (If you wish to waive the setback, you m 'at a appropriate blank below,) JUN 0 g 2014 I do wish to waive 15' setbac irement. nrM-k, ,n e"�. I do not wish to waive the f 5' setback recluirernen�i' —._ {Property Owner infortna w) c < fa t = a.." .9 Sigr; 'ere ,7 7Ai- )A ALMA Printor Type Name 2 c em cis w sr Mailing Address cityisrat�zrp YJ(1 -r S- 3 Telephone Number f',[ 9L. 2t'/ Date I Jra1sN.'GC&--'r .T) Jh'yt/C/tXRf'r?r/u tA �vc�i9i �l fee. '/7 5- Pnnt or I ype Name t( Mai li ddrass CityiSfalia0p c(37 Telephone, Numbyf Date! Revised 61&2012 ln'aaaaack pearly-_Wglstrr of Dead.+ Robert J. Robinson 1a4Wage 147 Q list 1181082 Hook y 1 lo/0Sr1W3 03:25:10P � So1O I _� MAP CkKIj �/�S/U7F 1Nt (�,�/��J✓f/_ COMMONAREA DEED NORTH CAROLINA - BRUNS WICK COUNTY get R Aa)T" SpEAJ4`l. TOTAL — RFV TCI REf9 _ CK AMt�-all y� CASH _RFF_HY '711- ._ THIS DEED is made on October —It 2003, by and between Fin[ St. James, Inc., a North Carolina corporation, Bmmmkk Herber, Ina, a North Carolina corporation, and St. James Plantation, LLC, a North Carolina limited liability company (collectively, the "Grantor"), and St. James Planation Property Oversees' Association, Inc., a North Carolina nonprofit corporation with an address of P.O. Box 10879. Southport, North Carolina 28461 ("Gramcc"). WITNESSE771: That Grantor, for a valuable consideration, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grnntce in fee simple, all of those certain tracts or parcels of land situated in Bnukswick County, North Carolina, and more particularly described as follows: All of that tract containing 9.88 acres and designated at Tract 1 on that plat of Waterway Park, Sheet I of 2, St. James Plantation, nrorded in Map Cabinet 29, Page S r S, Brunswick County Registry. All of that tract containing 4.90 acres and designated as Tract 2 on that plat of Waterway Park, Sheet 2 of 2, St. James Plantation, recorded in Map Cabinet ? 49 , Page SI it , Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid tracts or parcels of and and all privileges and appunemincea thereto belonging to Grantee in fee simple. THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING RESTRICTIONS, RESERVATIONS AND EXCEPTIONS: The above describot property is and shall be held as Common Properties, as defined in that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453, Brunswick County D1822 1 Prepared by: Schell 0ny Aycock Abel R [.ivinallon P.L.t.C. OAM) .. (Wills! Tide Examination) riIGYGarGY D UN 0 9 2014 . obLr'. cry RECEIVED DCM WILMINGTON, NC APR 2 8 2014 Inat 1 281082 Book 1840Pap: 14B Registry, as amended, for the uses and purposes, and subject to all of the covenants, conditions, restrictions, easements and reservations set forth therein. 2. Grantor reserves unto itself, its successors and assigns, a non-exclusive right of way and casement for ingress, egress and regress, and for the in'sWlation and maintenance of drainage facilities and utilities (including irrigation), over, upon and under the above described property, which non-exclusive right of way and casement may beassigned in whole.or in part. 3. This .conveyance is.made subject to easements, rights of way and restrictions of record. The designation Grantor and Grantee, as used herein, shall include said parties and their respective successors and assigns. . IN WITNESS WIIEREOF, Grantor has caused this instrument to be duly executed as of the day and year first above written. FIRST STAAMES, INC. By G'r_.._.. ,�O% A. Atkinson, Jr., Vice President BRUNSWICK HARBOR, INC. By: �G Sohn A. Atkinson, Jr., Vice President ST. JAMES PLWrATION, LLC By: —,f"' j-- A. Atkinson, Jr., Authorized Agent 1319221 -2- Inert 0 1#1082 Book 16e0Page: 749 NORTH CAROLINA -BRUNSWICK COUNTY 1,�,/C`�.ta Notary Public of said County and State, anify that JOHN A. ATKJNSON, JR. pMoually ewe before me, this day and ocknowledgod that he is a Vice President of FIRST ST. JAMES, INC., a wtpesation, and that be, as Vice President, being suthorized to do so, executed the foregoing on behalf of the oorporation. WITNESS my hand an . seel, this S_ epP�ON dry of ,&l Xjue , 20 L& Sal) S' �� NOT ' A My Commission F-vire4 Notary ug{jG c��uc NORTH OLINA- BRUNSWICK COUNTY 1, a Notary Public of said County and Stare, certify that JOHN A. A SON, JR. Ily came before mo this day and acknowledged that he is a Vice Presldea of BRUNSWICK HARBOR, INC, a corporslion, and that he, as Via President. being authorised to do so, executed the foregoing on behalf of the corporstion. WITNESS my hand I, thisday of J]'s Za2t- ,203. (Notary $al)=C; �`d NLJ`. N°ay. My Commission Lapires NORTH CApL NA - BRUNSWICK COUNTY 1, a -,(� i a Notary Public of Said County and State, ccnifi that JOHN A. ATKINSON, JR. peNonally appeased befeeo me this day and acknowledged that he is an Authorized Agent of ST. JAMES PLANTATION, LI,C, a North Carolina limited liability company, and further acknowledged the due exaulion of the foregoing instrument on behalf of the company. WITNESS my hand and official seal, this 1— day of�) M W (Nary sal) `iiotM _O!�e (�l Ar6 li NotaryFaI`My Commission Expires: :dpArm STATEOF NORTH CAROLINA COUNTY OF BRUNSWICK The F,xeguing for a measvi) Cenificancls) of DAWN BOLING Nwary(m) Public is (are) Catifed to be Conver. 9th October This Mstmrnent war filed for Registration on this Day of . in the Book tad page shown on the Pint Page hereof. �5 —RO —J.R 1 N, RsgWarWDeai CJU RECEIVEDN 0 9 2014 03"N'!m f' RECEIVED DCM WILMINGTON, NC APR 2 8 2014 A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 29, 2014 Sent via E-Mail St. James Plantation POA c/o Jack Noland jack@stjamespoa@net RE: Permit Application — St. James Oyster Shell Project Dear Jack: John E. Skvada, III Secretary On April 30 and May 13, we received your CAMA Major Permit Application for authorization to construct two oyster shell reefs and plant marsh grass, located at 100 Southeast St SE, adjacent to the AIWW, in St. James Plantation, Brunswick County. 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. Attachments cc: Debra Wilson, DCM Doug Huggett, DCM Sincerely, 19�t-&4 4v 4 Heather Coats Field Representative rD RECEIVEDN 0 9 21)14 C. Y.9D CITY 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION Please modify the plans to include the following features drawn to scale: accurately depicted proposed structures, an accurately depicted location of proposed marsh grass plantings, please locate the landward and waterward limits of existing coastal wetlands and label accordingly. The side view drawing should accurately depict the proposed structures, marsh grass planting size and locations, existing coastal wetland limits, the mean high water and normal low water lines, relative to the existing ground substrate. E-KWA NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvarla, III Secretary June 5, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Division of Coastal Management Major Public Notice in Brunswick: • St. James Plantation POA • Robin Sandifer Kyle & Heather: Please publish the attached Notice in the Saturday, June 7, 2014 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. cc: WiRO Jonathan Howell - MHC DCM Ronnie Smith - USACE Michele Walker- DCM Sincerely, Shaun K. Simpson Permit Assistance & Customer Service Division of Coastal Management RBCE D JUN 0 9 2014 DC:ti1N'30CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-395.3964 Internet: www.necoastalmanagement.net An Equal Opportunity \ Alfimative Actim Employer 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 the following applications were submitted for development permits in an Area of Environmental Concern adjacent to the AIWW, in Brunswick County, as designated under the CAMA. According to said applications, On May 13, 2014, St. James Plantation POA proposed to construct two oyster bag sills at 100 Southeast St., SE, and on June 4, 2014, Robin Sandifer proposed to construct a bulkhead at 133 Swordfish Dr., in Holden Beach. Copies of these applications may be examined or copied at the offices of Heather Coats (St. James) and Holley Snider (Sandifer) N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910- 796-7425) 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 June 28, 2014 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 these matters will be provided upon written request. RHam J1 0 9 2014 l' 1)Cut,YKD CffY MAJOR PERMIT FEE SCHEDULE St James POA / $ / Brunswick Co. DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: 1 $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 490 (see attached) could be applied, but DCM tall determined that additional review and written DWQ concurrence is needed because of oncems related to water quality or a uatic life: $400 60% $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 open water areas: $475 60% $285 40% $190 rJU RECEIVED N 0 9 2nm DCM-MHnf ITY DEN CAMA Daily Check Log for WIRO I Date Received Check From (Name)Name of Permit Holder Check Number Check amount Permit Number/Comments NOTES 5/5/2014'!McKim and Creed Blair Booth 175924 $100.00iTransfer 76-97 Minor mod. 114-13 _ 5/6/2014 John D. & Pamela A. DeBell, Jr 7771 _ - - $100.00 5/6/2014 Catherine Kelly 10649 $497.00 NOV # 14-04D 5/7/2014 Grice Construction 6909 $200.00 GP fee for 1211 canal Dr. SB 5/8/2014 F and S Marine Contractors Inc Cory Williams 3732 $250.00 MP appl. 7401 Masonboro Sound Road 5/8/2014 Augustus Paul Davenport _ 171 $200.00 _ 5:2014 _ Town of Carolina Beach _ _ ___ _ 61083 _ $100.00 Minor permit _ _ _ 5/9/2014 Annette and Ronald_ Allen 5/12/2014 McClure Builders _ 5/13/2014 Antinori Construction, Inc _ _ 4556 $600.00 _ GP 63220D _ Dennis Johnson _ 3470 $100.00 Minor Permit NTB_ Ray & Sand_ra Duff 2925 $200.00 GP 63185D 5/13/2014 Antinori Construction, Inc _ _ _ 5/15/2014 F and S Marine Contra_ ctors Inc _ 5/16/2014 NDS Inc. DS Painting &Home Improvements _5/16/2014- New Hanover County General A_cct _ 5/16/20141 Register Place Estates HOA Ray Speas 2921 $400.00'GP 6318413 _ Desherbini_n 3756 $200.00 GP 63286D reissue of 63135D $100.00, Minor fee 4729 23rd Ave., NTB $475.00 Major permit fee, Kure Beach Storm Damage Reduction $200.00 GP 63287D $200.00 GP for 326 Waynick $400.00 GP for 242 Inlet Point Drive $400.0_O Major permit fee, 133 Swordfish Dr., HB $400.00 GP 6328515 - ---- -- --- - -- $100.00 Minor permit fee, 106 $400.00.GP 60690D _ Sasser 7911 New Hanover County 289078 1388 5/16/2014 5/16/2014 Coastal Marine Piers & Bulkheads Coastal Marine Piers & Bulkheads 19547 _ Willard Buffer 19548 2901 5/2100-14VCC,fnc Robin Sandifer 4/18/2014 ONWASA ---- _._ --- - - - - _ 5/21/2014 Town of Ocean Isle Beach _ 5/21/2014 Earl Johnson, Jr. _ 5/22/2014 JP Russ & Son, Inc. David Litz 5/22/2014 JP Russ &Son, Inc. Barry Golob 5/22/2014JP Russ & Son, Inc. Mark Davenport ---- - -- - --- -- _ 5/22/2014 JP Russ &Son, Inc. Christopher Atkinson 5/22/2014 Ricky Hewett Construction .Mark McDonald 5/22/2014 Allied Marine Contractors, LLC Keith Ward _ East Coast Engineering &Surveying_PC Robert A. Woodin 80092 66764 1380 _ 28940 $400.00 GP 63905D 28943 $400.00 $400.00 GP 63907D IGP 63906D 28942 - - $400.00 --- - -- GP 63904D _28941 4245 $600.00 GP 63256D 6561 $200.00 1 GP 63903D 1059 $400.00 _ GP 63260D _5/22/2014 _ 5/22/2014 East Coast Engineering & Surveying PC Robert A. Woodin 1060 $200.00 _ GP 63261 D 5/22/2014 John R. West _ �ISusan Noble Trustee 22146 $600.00 GP 63259D@200 _ Ned Bull 4joMPIIIIIIIIINOM2146 GP 63258D@200 _ Obem Pigg . 2146 _ GP 63257D@200 _ 5/22/2014 FBTS Homeow_ ners Assoc Inc. Forest By The Sea 1018 $200.00 GP 62660D 5/22/2014 VCC, Inc - Jason D. Bowen 902 $200.00 _ GP63911D 5/22/2014 Pippin Marine Construction, LLC William McNulty cc 045 $200.00 GP 63912D 5/22/2014 Southeastern Coastal Construction Co. Kelly Crumpier 063 $100.00 Minor fee TB 14-06 5/23/2014 Carolina Marine Construction Inc _ 0 09026 $300.00 GP 63913 @$200 5/23/2014 5/23/2014 Jenkins Home Improvements Town of St. James Westport/Oak Landing 'P 9026 _ minor mod 38-94 @$100 Milton Dixon � ,,w.41111*,6202 $100.00 $250.00 minor permit fee, TB, 104 Godwin Ave. St. James oyster shell project 2768 ma or nnit fee 1 J U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-00658 County: Brunswick CAMA Permit #: 6161=14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pennittee: Mr. Jack Noland St. James Plantation PDA 4140 Southport -Supply Road Southport, North Carolina 28461 Telephone Number: Size (acres) 10 Nearest Town St. James/Southport Nearest Waterway AIWW River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 33.9238 Longitude:-78.1188 Location description: The project area is adjacent to the AIWW and is located at 100 Southeast Street SE, in St. James Plantation, near Southport. Brunswick County, North Carolina. Description of projects area and activity: This verification authorizes the discharge of fill material into 280 Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291 SEE ATTACHED RGP or NWP GENERAL, REGIONAL and SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted CAMA application and information dated April 30, 2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 910-251-4829 or by email at ronnie.d.smithna usace.army.mil C ;0�k— Corps Regulatory Official: Ronnie Smith Date: July 17, 2014 xECUVED Expiration Date of Verification: December 31, 2016 JUL 21 m l DCM-MAD CITY V . � SAW-2014-00658 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: The A1W W is subject to the ebb and flow of the tide and is used to transport interstate and foreign commerce and is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of 2 SAW-2014.00M the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by September 15, 2014. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Ronnie Smith Date of JD: July 17, 2014 Expiration Date of JD: July 17, 2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hW://regulatoa.usacesqnLey.qom/. Enclosures: GP 291 Conditions CAMA Permit Copy Furnished with Enclosures: Mr. J. Taylor Ryan 2608 Mariners Way SE Southport, North Carolina 28461 Copy Furnished without Enclosures: Mr. Jonathan Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Heather Coats RECEIVED North Carolina Department of Environment and Natural Resources JUL 21 201n Division of Coastal Managment 127 Cardinal Drive Extension Wilmington, North Carolina 28405 DCM-mm Mr. Chad Coburn North Carolina Department of SAW-2014-00658 Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Fritz Rhode 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 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 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 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, NC 28512 Special Conditions St. James Plantation POA Oyster Shell Recycling and Reef Building Project SAW-2014-00658 1.) In order to protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httn://www.fws.izov/ne-es/mammal/manatee auidelines.pdf. RECEnD JUL 21 20'r DCM-MUDCITY DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATFENTION OF: July 16, 2014 Regulatory Division Action ID No. SAW-2014-00658 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of St. James Plantation POA to construct two oyster sill bags and to plant wetland vegetation in navigable waters of the United States, adjacent the Atlantic Intracoastal Waterway, and located 100 Southeast Street SE, in St. James Plantation, near Southport, Brunswick County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.aov/ne-es/mammal/manatee euidelines.pdf. 2. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 3. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense lit rUL 2014 J .r DCM-NMC" IRA United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. 4. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. AECENED JUL 17 2014 D M-MImmy