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HomeMy WebLinkAbout32-19 Town of Oak IslandNEW Permit Number 32-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Comnussion V erm i t 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 to Town of Oak Island c/o Steven Edwards, 4601 E. Oak Island Drive, Oak Island, NC 28465 Authorizing development in Brunswick County adj. to the Atlantic Ocean, at 4909 Each Beach Drive, Oak Island, as requested in the permittee's application dated 08/02/18 & Ocean Hazard AEC Notice dated 10/23/18, incl. attached workplan drawings (2), 1-2 of 2 both dated 10/30/18. This permit, issued on May 10, 2019 , 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 re subject to Imes, imprisonment or crvu acuon; or may cause me permit to De nuu ana vora. Ocean Hazard Development 1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property, including the single family residence with lot fill, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910)796-7215 for this determination. 2) Unless specifically altered herein, no fill material shall be placed at any time in any vegetated wetlands outside of the alignment of the wetland fill area indicated on the workplanPAV EMD (See attached sheets for Additional Conditions) JUN 03 2019 This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 Signed by the authority of the Secreital Udd0iladWeTdltair of the Coastal Resources Commission. C&IL*, - Y Braxton C. DITs, Director tvision of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal l/ Management Program. Town of Oak Island ADDITIONAL CONDITIONS Permit No. 32-19 Page 2 of 3 3) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of Coastal Management shall stake the first line of stable, natural vegetation and appropriate structure setbacks. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement is void and shall be re-established. In the case of a major shoreline change within that period, a new setback determination shall be required before construction begins. 4) Prior to the initiation of construction within the Ocean Hazard AEC, the permittee shall stake the Town of Oak Island Development Line. 5) Any fill waterward of the 60' setback from the first line of stable natural vegetation is hereby deleted. 6) . Any development, including decks and/or fill, waterward of the Town of Oak Island Development Line is hereby deleted. 7) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive standard shall apply. 8) All fill material shall be clean and free of any pollutants except in trace quantities. 9) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square. 10) All foundations shall be adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. 11) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. 12) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. RECEIVED Sedimentation and Erosion Control JUN 03 2019 13) Appropriate sedimentation and erosion control devices, measures or structur 1 �1pnted to ensure that eroded materials do not enter adjacent wetlands, watercourses ann roperty e.g. s' silt fence, diversion swales or berms, etc.). Town of Oak Island ADDITIONAL CONDITIONS General Permit No. 32-19 Page 3 of 3 14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) 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. NOTE: This permit does not convey any rights, either in real estate or material. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 20181592 vl. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2019- 00476. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED JUN 03 2019 DCM-MHD CITY Processing dotes wppucant: LwC. +01' Dyci C.r/l End PN/Comment Deadline: 30 Day Comment Period: Cif20�tl6 V�it:ty 1 P�jeE Uv�i► VEP0- �Zfla�ds 1 4ac, tt ) v%w � A&, �h RECEIVED MAY 202019 DCM-MHD CITY 0 rAK--�uyavl -: - -- - ----------- Permit Class Permit Number NEW ri 32-19 • STATE OF NORTH CAROLINA RECEIVED Department of Environmental Quality and Coastal Resources Commission MAY 2 0 2019 Verint"t DCM-MHD CITY 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 to Town of Oak Island c/o Steven Edwards, 4601-E. Oak Island Drive, Oak Island, NC 28465 Authorizing development in Brunswick County adj. to the Atlantic Ocean, at 490 EEach Beach Drive, Oak Island, as requested in the permittee's application dated 08/02/18 & Ocean Hazard AEC Notice dated 10/23/18 incl attached workplan drawings (2) 1-2 of 2 both dated 10/30/18. This permit, issued on May 10, 2019 , 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 ie subject to tines, imprisonment or civil action; or may cause me perms iu ue uuu WIu VVIU. Ocean Hazard Development 1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property, including the single family residence with lot fill, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910)796-7215 for this determination. 2) Unless specifically altered herein, no fill material shall be placed at any time in any vegetated wetlands outside of the alignment of the wetland fill area indicated on the workplan drawing(s). (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. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 in issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. mu I Braxton C. Dfffs, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Oak Island Permit No. 32-19 Page 2 V 3 ADDITIONAL CONDITIONS 3) Prior to the initiation of construction within the Ocean Hazard -AEC, a representative of the Division of.., Coastal Management shall stake the first line of stable, natural vegetation andappropriate structure setbacks. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement is void and shall be re-established. In the case of a major shoreline change within that period, a new setback determination shall be required before construction begins. 4) Prior to the initiation of construction within the Ocean Hazard AEC, the permittee shall stake the Town of Oak Island Development Line. 5) Any fill waterward of the 60' setback from the first line of stable natural vegetation is hereby deleted. 6) , Any development, including decks and/or fill, waterward of the Town of Oak Island Development Line is.hereby deleted. 7) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive standard shall apply. 8) All fill material shall be clean and free of any pollutants except in trace quantities 9) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square. 10) All foundations shall be adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. 11) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. 12) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. Sedimentation and Erosion Control 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). Town of Oak Island . w ADDITIONAL CONDITIONS Permit No. 32-19 Pa1VED MAY 2 0 2019 General DCM-MHD CI7'y 14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or .filled slopes. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) 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. NOTE: This permit does not convey any rights, either in real estate or material. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 20181592 vl. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2019- 00476. NOTE: An application processing fee of $250 was received by DCM for this project. nnnf/ Hlbl� Spears, Courtney From: Sent _ To: Cc:' ... Subject: Steve Huggett, Doug Monday, May 20, 2019 4:15 PM .Ste4 Edwards Davis, Braxton C; Goebel, Christine A; Spears, Courtney RE: [xternal] FW: CAMA Major Permit: Town of Oak Island In cases like this where the Division's interpretation of a rule or rules differ from that of the applicant, the applicant has several options available to them. The first option, as we have previously discussed, is for the Town to request a Declaratory Ruling from the CRC. The procedures for such a ruling can be found at httDS://files.nc.gov/ncdeQ/Coastal%20Management/documents/PDF/CAMA/t15a-07i.0600.pdf . Should the., Town request such a ruling, the Division believes we could likely support a Commission interpretation that would allow for fill waterward of the Development Line and oceanfront setbacks. However, we do not believe at this time that we would support a request that the Commission interpret the Development Line rule as allowing structures such as decks waterward of the Development line. The town could also either appeal the disputed permit conditions or ask the CRC for a variance from their rules. An appeal would take the form of a hearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with the requirements of §150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of the disputed permit actions. A copy of this petition should also be served at the following address: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 The Town may also wish to request a variance from the CRC. Applying for a variance requires that the Town first acknowledge and recognize that the Division applied the CRC's rules properly in issuing the permit that conditioned out certain requested components of the proposed projects. The Town could then request an exception to the Commission's Rules based on hardships resulting from unusual conditions of the property. To apply for a variance, you must file a petition for a variance with the Director of the Division of Coastal Management and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the project and the reasons for requesting a variance. The variance request may be filed at any time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request to be eligible to be heard at that meeting. The standard variance forms may be obtained by visiting the Division's web page at: https•//deg nc gov/about/divisions/coastal-management/coastal-management-permits/variances-appeals. With regards to your position that the Division defaulted on our permit decisions by not providing you a notice of extended review before the 75 day deadline, the Division does not agree. 1 am afraid that 1 cannot locate the policy document giving guidance on this issue that I thought existed. However, I discussed this matter with both the DCM Director and the Division's legal counsel, and we all are in full agreement that the pertinent rules in this case do not support your assertion. Specifically, NCGS 113-229 states that "The Department shall act on an application for permit within 75 days after the completed application is filed, provided the Department may extend such deadline by not more than an additional 75 days if necessary properly to consider the application...". Similar language also exists in NCGS 113A-112(c), which states "Failure of the Commission to approve or deny an application for a permit pursuant to this section within 75 days from receipt of application shall be treated as approval of the application, except the Commission may extend the deadline by not more than an additional 75 days in exceptional cases." Neither of these laws require that written notice be given to an applicant on or before the 75th day, only that the. Division make the decision that an . extended review period is,necessary.° Additipnally; the acknowledgement latters-that were sent to the Town once each of -the three application packages,were received as.complete included& following language 'An additional 75-day .. review period is provided:by law when such -timers h,6tkssary to complete the review 'if,Ydyhave not been notified of.a final action, by the initial deadline stated above, you should consider the review period extended. Underthose circumstances this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75' day". Taking all of this information into consideration, the Division firmly believes -that we acted properly and in accordance with all legal processing requirements in this case. I hope that this information makes sense to you. The Division stands ready to act on any of the above -listed options that the Town may wish to pursue. Sincerely DougHuggett From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Tuesday, May 14, 2019 11:48 AM To: Huggett, Doug<doug.huggett@ncdenr.gov> Cc: Davis, Braxton C <Braxton.Davis@NCDENR.Gov> Subject: [External] FW: CAMA Major Permit: Town of Oak Island Morning Doug, I have received two of the three CAMA permits for Oak Island, attached, and assume the third one is pending. As you know, I feel strongly that the projects, as proposed, met the development line rules. In addition your interpretation that the stabilization of the dune is considered fill for the project is, in my opinion, just wrong. As, we discussed during a previous phone conversation, these lots sit in a bowl behind the dune line and the fill being placed at the landward toe of the dune is for stabilization, which brings this area behind the dune in line with the adjacent grade to the existing dune system. You also discussed seeking a declaratory ruling as to the CRC's intent for development seaward of the development line. Is this something that you were bringing before the CRC or do I need to prepare the declaratory ruling request? Last item to discuss is NCGS 113A-112(c) and how it pertains to the 75 day approval or denial period. As you know, we differ on interpretation, but you were to send me a copy of the legal interpretation regarding this statute. Please send as soon as possible so I may review, Thanks in advance, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 ti Office: (910) 278-5024 Fax: (910)278-1811 From: Pietila, Tanya K-[mailto:tanva.pietila(&ncdenr.goyl Sent: Monday, May 13, 2019.4;34..PM To Sarah E CIV CESAW.CESAD (US);. Coburn, Chad; Weychert;.Curfis R; Chtistenbury, Mike, DCR:- Environmental_Review;..Butler, Rodney A; Zeigler, Mark D; Harris, David B; Dunn; Maria T.; Walton, Tim; Moser, Mike; Humphrey, Jeremy; Gupton, Sharon; Montalvo, Sheri A; Hall, Christine; Sams, Dan; Cox, Heidi Cc: Spears, Courtney; Day, Susan; Steve Edwards Subject: CAMA Major Permit: Town of Oak Island Hello All, Attached please find State Permit #'s 30-19, 31-19 and 32-19 for Town of Oak Island in Brunswick County. The original has been sent to the permitee via USPS. Please reply with your questions or concerns, to Courtney Spears at courtnev.spears&cdenneov or at (910) 796-7426. Susan: A hard -copy of the permit and additional documents are being sent to you Tuesday via courier. Thank you! Tanya Tanya Pietila Administrative Support NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7427 Tanva.Pieti la io)ncd en r.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. RDY COOPER Governor MICRAEL S. REGAN Secretary BRAXTON C. DAVIS Director Thomas and Jacqueline Savidge 77 Cavalier Drive Apartment 7202 Wilmington, NC 28405 Dear Mr. and Mrs. Savidge: NORTH CAROLINA. Eav&o Ia Quaftry May 10, 2019 RECEIVED MAY 2 0 2019 DCM-MHD CITY Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit applications (3) submitted by the Town of Oak Island, in which permission was requested to construct three (3) new single family homes adjacent to your property located in Oak Island, North Carolina. The Division appreciates your concerns about the proposed project. In this case, with permit conditions to modify the projects, no inconsistencies with the Coastal Area Management Act were identified. Consequently, the Division has issued a Major Permits 30-19, 31-19, and 32-19 for the proposed activities. A copy of each permit is being provided to you for your information. I have included a copy of the third -party appeal form for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. Please feel free to contact me by telephone at (910) 796-7426, or by email at courtney_snears(ancdenngov withany questions or concerns. cc: WiRO file MHC file Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 2a,105 9fo.796.7215 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director SENT VIA EMAIL voI( NORTH CAROLINA Enrtron ydia/QuaNry May 2, 2019 RECEIVED MAY 2 0 2019 Town of Oak Island c/o Steve Edwards DCM-MHD CITY 4601 E. Oak Island Drive Oak Island, NC 28465 sedwards@ci.oak-island.nc.us SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Town of Oak Island, at 4909 E Beach Drive, Oak Island, Brunswick County Dear Sir: This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of the Town of Oak Island to undertake development activities at 4909 E Beach Drive, Oak Island, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make July 14, 2019, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (910-796-7426) or e-mail (courtney.spears@ncdenr.gov). X. Spears Major Permits Coordinator cc: WiRO file MHC file Liz Hair, USACE, email cc Chad Coburn, DWR, email cc North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SENT VIA EMAIL Mac Town of Oak Island c% Steve Edwards 4601 E. Oak Island Drive Oak Island, NC 28465 sedwards@ci.oak-island.nc.us NORTH CAROLINA Envfran mtal Quality April 3, 2019 RECEIVED MAY 2 0 2019 DCM-MHD CITY SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Town of Oak Island, at 4909 E Beach Drive, Oak Island, Brunswick County Dear Mr. Edwards: This letter is in response the above -referenced Coastal Area Management Act (CAMA) permit application, which was accepted as complete on November 9, 2018.On December 19, 2018, processing of this application was placed on hold pending receipt of additional information requested by the Division of Energy Mineral and Land Resources and the US Army Corps of Engineers. This office received this additional information on March 27, 2019, which appears to satisfy the request. Therefore, processing of the permit application has officially resumed as of March 27, 2019. The revised projected 75-day deadline for making a decision is Apri130, 2019. Please feel free to contact me by phone at (910) 796-7426 or by e-mail (courtney.spears@ncdenr.gov) if you would like to discuss this matter further. cc: Chad Coburn, DWR Liz Hair, USACE WiRO file MHC file Sin ly, ourtney Spears Division of Coastal Management Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 2a405 910,796.7215 Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, March 18, 2019 3:03 PM To: Steve Edwards Cc: Spears, Courtney; Coburn, Chad Subject: [External] RE: Application incomplete CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to repo rt.Spam@nc.gov<mai Ito: report.spam@nc.gov> Steve, I wanted to follow up with you and let you know that we have completed the NC WAM on the wetland located on the three parcels and have determined that compensatory mitigation is not required in this case. I will be working on the authorizations over the next several days, and should have them finalized by late this week early next. Please let me know if you have any questions. Thank you, Liz RECEIVED -----Original Message ----- From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] MAY 2 0 2019 Sent: Wednesday, February 13, 2019 12:47 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> DCM-MHD CITY Subject: [Non-DoD Source] RE: Application incomplete Hi Liz, Just touching base to see where you are with the NC WAM. Thanks, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Monday, January 28, 2019 5:10 PM To: Steve Edwards Subject: RE: Application incomplete Great- thank you! We will see you tomorrow at 11:30. Liz -----Original Message ----- From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Monday, January 28, 2019 5:01 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: David Kelly <DKelly@ci.oak-island.nc.us> Subject: [Non-DoD Source] RE: Application incomplete Liz, I have attached a screen shot of Brunswick County's GIS mapping of the properties in hopes it clears up addressing error. You are correct in that the Town does own additional parcels in the 46th block of E. Beach in addition to the subject lots. I am also familiar with lots 14 & 15 with action ID SAW-2017-00289. These lots belong to the John Murray and his brother, which were permitted under the action ID with mitigating based on the WAM assessment. I will see you tomorrow at 11:30 a.m. on site. Please call my cell if you do not see me on site: 910.523.2439 Thanks and look forward to seeing you tomorrow. Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Thursday, January 24, 2019 5:16 PM To: Steve Edwards Cc: David Kelly Subject: RE: Application incomplete Steve, RECEIVED MAY 2 0 2M DCM-MHD CITY I am touching base regarding the site visit scheduled for Tuesday, January 29 at the sites identified as 4905, 4907, and 4909 East Beach Drive in Oak Island. Based on the information submitted with the application, the sites are located along the oceanfront, in between SE 49th St and SE 52nd Street. However, when I search on the addresses, the sites are located West of 49th Street. These three lots are owned by other entities, and not the Town and are associated with a previous action ID SAW-2017-00289 (lots 14 and 15). The lots which show Town ownership are those identified as 4601 East Beach Drive. Please clarify the location. We will meet you onsite at 11:30 am. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 -----Original Message ----- From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Wednesday, December 26, 2018 11:09 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: David Kelly <DKelly@ci.oak-island.nc.us> Subject: [Non-DoD Source] Re: Application incomplete Thanks Liz, I will wait to hear from you to confirm time. Thanks again, Steven Edwards Development Services Director Town of Oak Island 910-201-8052 From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, December 21, 2018 5:32:35 PM To: Steve Edwards Cc: David Kelly Subject: RE: Application incomplete Steve, RECEIVED NA, 202019 DCM-VW0 CITY I wanted to follow up with you prior to leaving for the holiday. We are able to conduct a site visit on Tuesday, January 29th in order to complete the field work/data collection necessary for the NC WAM. My supervisor, along with the Corps Brunswick County representative (Gary Beecher), will be accompanying me. As we get closer to the date, I will be in touch to firm up a time. Happy holidays! Liz -----Original Message ----- From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Wednesday, December 19, 2018 8:51 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI> Cc: David Kelly <DKelly@ci.oak-island.nc.us> Subject: [Non-DoD Source] Re: Application incomplete Liz, Thank you for getting back with me so quickly and yes I would like for you to schedule a site visit in January to perform a NC WAM. My schedule is flexible so just let me know the date and time and I'll meet you on -site. Thanks again, Steven Edwards Development Services Director Town of Oak Island 910-201-8052 RECEIVED MAY 2 0 2019 From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> DCM-MHD CITY Sent: Wednesday, December 19, 2018 6:06:09 PM To: Steve Edwards Cc: David Kelly Subject: RE: Application incomplete Steve, Thank you for your quick response. I will need to complete the NC Wetland Assessment Method (NC WAM) to determine the wetland rating for this site in order to justify not requiring compensatory mitigation for the permanent loss of wetlands located on a barrier island. These resources are limited due to their geographic location, development pressures, and provide important functions and values such as flood attenuation, pollutant treatment from runoff, and habitat. We typically require compensatory mitigation for any wetland fill impact on barrier islands, regardless of size for the reasons mentioned above. Unless you or someone on your staff are trained in NC WAM, or unless you hire an environmental consultant who is trained in NC WAM, I will need to conduct a site visit to complete the data collection. It would be sometime in January before I could get to the site. Please let me know if the Town can complete this work, or if I need to conduct a site visit. I hope you have a happy holiday and look forward to hearing back from you. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 RECEIVED -----Original Message----- MAY Z 0 2019 From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Tuesday, December 18, 2018 12:56 PM DCM-MHD CITY To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: David Kelly <DKelly@ci.oak-island.nc.us> Subject: [Non-DoD Source] RE: Application incomplete Ms. Hair Thank you for your response in seeking additional information regarding compensatory mitigation. It is Oak Island intent to not provide compensatory mitigation due to the low value and size of wetland area and its impact. The total square footage of the wetland area and impacts are less than 2115.5 sq. ft. This wetland area is an isolated pocket of wetlands with no connectivity to any adjacent wetlands or navigable waters; it is adjacent to the Atlantic Ocean, but is separated by the beach. In addition, this wetland pocket is actually from the results of the Section 1135 project that Oak Island received in 2000, which left a depressed area that has now been identified as 404 wetlands. An identical pocket of wetlands near this site was recently issued a general permit, SAW-2017-00289, without compensatory mitigation. I ask that you take this information into consideration and not require compensatory mitigation. Respectfully, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910)278-1811 -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Monday, December 17, 2018 10:03 AM To: Steve Edwards Cc: courtney spears; Coburn, Chad Subject: Application incomplete Mr. Edwards, Please see attached Request for Additional information (RAI) for the following project: Corps Action ID: SAW-2018-00379 County: Brunswick Project Name: 4905, 4907, 4909 E. Beach Drive lot fill Please note that your application cannot be further processed until the requested information is received. Thanks you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 RECEIVED MAY 2 0 2019 DCM-MHD CITY r* Spears, Courtney From: Hair, Sarah E CN CESAW CESAp (US) < Sarah.E.Hair@usace.army.mil > Sent: Wednesday, March 27, 2019 3:29 PM To: Steve Edwards Cc: MacPherson, Tara; Spears, Courtney; Coburn, Chad Subject: [External] 4909 East Beach Oak Island lot fill/SAW-2019-00476 Attachments: SAW-2019-00476 4909 E Beach NWP 18 Tearsheet-signed.pdf; plans.pdf; 2017NWP18.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Steve, I apologize for the delay on this one. I have been out sick. Attached please find the signed Corps authorization, plans, and NWP 18 for the following project: Corps Action ID: SAW-2019-00476 Project Name: Town of Oak Island/ 4909E Beach Drive Please let me know if you have any questions or if you would like a hard copy mailed to you. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 RECEIVED W 11 ? o %019 DCM-MHD GMTY VJ Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, December 13, 2018 12:10 PM To: Spears, Courtney; Coburn, Chad Subject: (External] Town of Oak Island lot fill permit applications CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Good afternoon, This email is to notify you that the Corps' is processing 3 separate NWP 18s for the following projects: 4905 E Beach 4907 E Beach 4909 E Beach A JD was issued under AID: SAW-2018-00379 for all 3 lots. Additional AIDS will be created for 2 of the 3 lots as we are reviewing each as single and complete projects. Also, please note that all three applications are incomplete, as no mitigation statement was provided with the applications. The -applicant will be notified that compensatory mitigation is required for the proposed fill on all 3 lots. The Corps will not process these applications until acceptable compensatory mitigation is provided. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 RECEIVED MAY 2 0 2019 DCM-MHD CITY pic" Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, December 13, 2018 12:10 PM To: Spears, Courtney; Coburn, Chad Subject: [External] Town of Oak Island lot fill permit applications CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<mailto:report.spam@nc.gov> Good afternoon, This email is to notify you that the Corps' is processing 3 separate NWP 18s for the following projects: 4905 E Beach 4907 E Beach 4909 E Beach A 1D was issued under AID: SAW-2018-00379 for all 3 lots. Additional AIDs will be created for 2 of the 3 lots as we are reviewing each as single and complete projects. Also, please note that all three applications are incomplete, as no mitigation statement was provided with the applications. The applicant will be notified that compensatory mitigation is required for the proposed fill on all 3 lots. The Corps will not process these applications until acceptable compensatory mitigation is provided. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 RECEIVED 2, 0 Z019 r-,cm-MI-ID CITY MSC Spears, Courtney From: Steve Edwards <SEdwards@ci.oak-island.nc.us> Sent: Wednesday, December 19, 2018 3:44 PM To: Spears, Courtney; Hair, Sarah E CIV CESAW CESAD (US) Cc: Coburn, Chad; Sams, Dan; David Kelly Subject RE: [External] Application incomplete CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Thank you Courtney, I have discussed the objections submitted by the Division of Energy, Mineral, and Land Resources' with Dan Sams and confirmed that the total area of disturbance for all three projects combined is less than one acre and that existing development bounds both sides of the project area. I have also reached out to Ms. Hair with the USACE and will be working with her regarding the additional information request. Thank you again, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910)278-1811 ----Original Message ----- From: Spears, Courtney[mailto:courtney.spears@ncdenr.gov] Sent: Wednesday, December 19, 2018 8:59 AM To: Hair, Sarah E CIV CESAW CESAD (US); Steve Edwards Cc: Coburn, Chad; Sams, Dan Subject: RE: [External] Application incomplete Hello Steve, RECEIVED MAY 2 0 2019 0Ck1-MHD CITY Attached please find a letter placing the three applications from the Town of Oak Island on hold for additional information. Please let me know if you have any questions. Thank you, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality ROY COOPER Governor WCHAEL S. REGAN Secretary BRAXTON C..DAVIS e6*1W SENT VIA EMAIL NORTH CAROLK& EnvironnientalQuft December 19, 2018 Town of Oak Island c/o Steve Edwards 4601 E. Oak Island Drive Oak Island, NC 28465 sedwards@ci.oak-island.nc.us RECEIVED MAY 2 0 2019 DCM-MHD CITy SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittals (3) for Town of Oak Island, at 4905, 4907 & 4909 E Beach Drive, Oak Island, Brunswick County Mr. Edwards: This letter is in response to the above referenced CAMA permit applications (3), which were all accepted as complete by the Division's Wilmington office on November 9, 2018. Processing of the applications is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) The U.S. Army Corps of Engineers (USACE) has requested additional information by way of the attached USACE letter dated December 17, 2018. Their correspondence requests additional information be provided that demonstrates compensatory mitigation for impacts to wetlands. 2) The Division of Energy, Mineral, and Land Resources have submitted an objection to these three (3) contiguous projects being processed separately. In their comments submitted on November 20, 2018 they indicated that Sedimentation and Erosion Control cannot be circumvented by submitting the projects as separate. Please contact Dan Sams with DEMLR at (910) 796-7326 to determine if a Sedimentation and Erosion Control Plan will be required. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as you have satisfied the requirements of the USACE and the DEMLR. Once the USACE and the DEMLR notifies the Division of Coastal Management Major Permits Section in writing that no further actions are necessary on the part of the applicant, we will resume processing of your application. North Carolina Department of Environmental Quality I Division of Coastal Management Wihmngton Office 1 127 Cardinal Delve Extension I Wilmington, North Carolina 28405 910,7967215 If you can provide to this office a copy of the requested information within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7426, or by email at courtnev. snearsna.ncdenr ov. S* ly, ey Divisi of Coastal Management Assi t Major Permits Coordinator cc: Chad Coburn, DWR Liz Hair, USACE Dan Sams, DEMLR WiRO file MHC file RECEIVED MAY 2 0 2019 DCM-MHD CITY North Carolina Department of Enytronmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension ( Wilmington, North Carolina 25405 910.796.7215 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 December 17, 2018 Regulatory Division SUBJECT: File No. SAW-2018-00379; Information Request for Proposed Residential development/Including Discharge of Fill Material into waters of the U.S. (WOUS), located at 4905, 4907, and 4909 E. Beach Drive, Town of Oak Island, Brunswick County, North Carolina. Mr. Steven Edwards Attn: Town of Oak Island 4601 E. Oak Island Drive Oak Island, North Carolina 28465 sedwards(@,ci.oak-isIand.nc.us Dear Mr. Edwards: RECEIVED " , ? 0 2019 i`tI;' "'I-MHD CITY This letter is in reference to your Department of the Army (DA) permit applications received November 19, 2018 submitted to the Wilmington District Corps of Engineers (Corps) for the construction associated with proposed residential development on three lots, within waters adjacent to the Atlantic Ocean, located at 4905, 4907, and 4909 E. Beach Drive, in Oak Island, Brunswick County, North Carolina. This letter further notifies you that your DA permit application is insufficient to fully evaluate your proposal. The applications did not contain a mitigation statement/plan. Compensatory mitigation is required for the unavoidable impacts to the aquatic environment. Please see below for further explanation on each item: 1. Compensatory Mitigation: An appropriate compensatory mitigation plan is required to fully offset unavoidable impacts to WOUS in accordance with 33 CFR 332 - Compensatory Mitigation for Losses of Aquatic Resources. The application does not provide a mitigation statement or plan. Once the mitigation proposal is determined by the Corps to be appropriate, the mitigation plan must contain the elements described at 33 CFR 332.4(c)(2) through (c)(14). Additionally, please note the preference for purchasing mitigation bank credits tIVED impacts at 33 CFR 332.3(b). If mitigation bank credit purchase is not proposed, e justification for utilizing other forms of mitigation should be provided. DEC 18 2018 OCM WILMINGTON, NC -2- The Corps requests that the applicant provide the requested information within 30 days of the date of this letter. If no response is received by then, the application may need to be withdrawn. Should you have any questions or comments regarding this request for additional information, please contact Liz Hair at the above address, by phone at (910) 251-4049, or by email at sarah.e.hairna usace.army.mil. Sincerely, Liz Hair Project Manager Wilmington Field Office Regulatory Division Electronic Copies Furnished: Ms. Courtney Spears—NC-DEQ/DCM Mr. Chad Coburn -NC DEQ/DWR Spears, Courtney From: MacPherson, Tara Sent: Monday, December 03, 2018 2:44 PM To: Spears, Courtney Subject: FW: [External] RE: Send data from MFP11807882 11/05/2018 16:11 Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macpherson@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 RECEIVED MAY 2 0 2019 DCM-MHD CITY Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Steve Edwards <SEdwards@ci.oak-island.nc.us> Sent: Thursday, November 08, 2018 9:29 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: [External] RE: Send data from MFP11807882 11/05/201816:11 CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<maiIto: report.spam@nc.gov> Thanks Tara, In response to the Savidge's concerns, I would like to state that the fill will be done in accordance with the Town of Oak Island's code of ordinance and that stormwater will be contained per Oak Island stormwater ordinance. Thanks again, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 -----Original Message ----- From: MacPherson, Tara [mailto:tara.macpherson@ncdenr.gov] Sent: Wednesday, November 07, 201810:31 AM To: Steve Edwards Subject: FW: Send data from MFP11807882 11/05/2018 16:11 FYI Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macpherson@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: NCDEQ- Wilmington Regional Office Scanner CAMA <DoNotReply@ncdenr.gov> Sent: Monday, November 05, 2018 4:12 PM' To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: Send data from MFP11807882 11/05/2018 16:11 Scanned from MFP11807882 Date:11/05/2018 16:11 Pages:1 Resolution:200x200 DPI HAVE A GREAT DAYI I I E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 10 Spears, Courtney From: Sent: To: Subject: Did I ever send you this?? MacPherson, Tara Monday, December 03, 2018 2.44 PM Spears, Courtney FW: [External] RE: OKI Major Permit Apps Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macpherson@ncdenr.gov 127 Cardinal Drive Ext Wilmington, INC 28405 W. ^/ Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steve Edwards <SEdwards@ci.oak-island.nc.us> Sent: Wednesday, November 07, 2018 8:45 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: [External] RE: OKI Major Permit Apps Thanks Tara, RECEIVED MAY 2 0 2019 DCM-j]> HE) CITY Fill and stormwater controls will be installed per Oak Island's code of ordinances and UDO. Currently both houses on each side of the lots do not have any stormwater controls and unfortunately cannot be made to install such. The revised surveys have been prepared, but the profile pages have not been changed to show the reduction in building foot print. If this can be done by a note I can have the profile pages to you today. Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 From: MacPherson, Tara[mailto:tara.macpherson@ncdenr.00vl Sent: Wednesday, November 07, 2018 8:17 AM To: Steve Edwards Subject: OKI Major Permit Apps Hi Steve, I received one letter of concern from an adjacent property owner for the oceanfront lots. They are concerned about fill and runoff. Also, are you going to send the updated drawings in the next week? Thanks! Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macphersonna ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 /'Nothing Compares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 0 L Debra Wilson 127 Cardinal Drive Ext. Z Wilmington, NC 28405 Re: Steven Edwards Development We are owners of a property 4911 E. Beach Drive, Oak Island, NC. We received a letter from Steven Edwards informing us of his proposed work on 4905, 4907, and 4911. These are lots to the west side of our property, and we do have concerns. Our main concern is when these 3 properties are cleared and the fill material is brought in and the buildings are erected they will be more elevated and the rain and runoff water will naturally run into our property causing our yard to be flooded, Since we are 83 years old and had the property up for sale before the hurricane, we are not in a position to have to pay to have our property tilled in to raise it to the level he is proposing for his lots. Is there a regulation allowing a developer to fill in as much as he wishes without consideration for adjoining properties? As you can see we are concerned and do not know the proper procedure we would need to follow in order to protect our existing property. Sincerely, Thomas & Jacqueline Savidge 77 Cavalier Drive Apt. 7202 Wilmington, NC 28405 r RECEIVED MAY 2 0 2019 DCM-MHD CITY VED DCM LMIN( WGTON, NC ouu 052018 ROY COOPER Governor MICHAEL S. REGAN Se realry BRAXTON C. DAVIS QlrWor Thomas and Jacqueline Savidge 77 Cavalier Drive Apartment 7202 Wilmington, NC 28405 Dear Mr. and Mrs. Savidge: NORTH CAROLINA Envlromnenhd Quality December 3, 2018 Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit applications (3) submitted by the Town of Oak Island, in which permission was requested to construct three (3) new single family homes adjacent to your property located in Oak islands, North Carolina. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. Your comments will be added to the official permit application files for this project. Please feel free to contact me by phone at (910) 796-7426, or email at courtney.spears@ncdenr.gov if you should have any additional concerns relating to this project cc: WiRO file MHC file Major Permits Coordinator RECEIVED MAY 2 0 i019 DCM-MHD CITY kv North Carolina Department of Environmental Qua%ty I Division of Coastal Management Wltrntngton Office 1 127 Cardinal Drive Ex nslon I Wilmington. North Carolina 29405 910.796.7215 •� DIVLSION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Townof Oak Island COUNTY: New Hanover PROJECT NAME: SFR w/fdl x3 LOCATION OF PROJECT: 4905, 4907, &SW Beach Dr., adjacent to theAdantic Ocean, in Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-9-18 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: MacPherson DISTRICT MANAGER REVIEW: Y B) DATE RECEIVED BY MAJOR PERMITS UNIT: II loll APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE RECD:11-22-18 ADJ. RIP. PROP NOTICES RECD. Yea To Be Forwarded No DISTRICT OFFICE: VM24INGTON FEE REC D:1250 # 07412 ON: END OF NOTICE DATE:12-12-18 DEED RECD: Yes C) 75 DAY DEADLINE: 1-23-19 �� Y1�iJ 7 dA1( 150 DAY DEADLINE: I RECEIVED MAIL OUT DATE: 11-19-18 STATE DUE DATE: 12-12-18 PERMIT FINAL ACTION: ISSUE 5 N hDid: jgjj/jia Of h►Id ° YR/I1 DENY MAY 2 0 ZU19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NO M-MHD CI DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory BranchDWR-401 I SectionDWR—PublicWaterSupply"-DEMLR — Stormwater & Sed/Erosion 5-et t (-t 7t DOA — State Property Office Wildlife Resources Commission I Z 10 I DMF — Shellfish Section 1 2 a DMF — Habitat & Enhancement I ly DNCR— Archives & History DNCR—Natural Heritage Program Z NCDOT Rural Development Division A *0 1 U.S. ARMY CORPS OF ENGI WILMINGTON DISTRICT Action Id. SAW-2019-00476 County: Brunswick County U.S.G.S. Quad: Southport GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pernittee: Town of Oak Island RECEIVED Attn: Mr. Steve Edwards Address: 4601 E. Oak Island Drive Oak Island, NC 28465 MAY 2 0 2019 Telephone Number: 910-201-8052 n sedwardsQ,ci.oak-island.nc.us DCM—MHD CITY Size (acres) 0.18 Nearest Town Oak Island Nearest Waterway Lone Bay River Basin Lower Pee Dee n _ USGS HUC 03040208 Coordinates Latitude: 33.909608418428 Longitude:-78.1139858621& Location description: The project site is located at 4909 East Beach Drive, along the ocean front of Oak Islai County, North Carolina. (Parcel ID no: 249DF010). Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with the construction of a single family residence. Permanent impacts to waters of the U.S. total approximately 0.005 acre of wetland permanently filled for building pad and driveway area. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 18 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR 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 application and attached information dated November 19, 2018. 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 and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed. within twelve months of the date of the nationwide and/or regional general 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. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requents. RECEIVED For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Mai agement Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (9.0) 796-7215. ' 7 2019 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. :.ILMINGTON, MC If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at (910) 251-4049 or Sarah.E.HairQo usace.army.mil. SAW-2019-00476 Corps Regulatory Official: Date: March 27, 2019 Expiration Date of Verification: March 18, 2022 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be. received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ 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 (RHA) (33 USC § 403) and 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. 3. ❑ There are waters, including wetlands, within the above described project area that are 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. 4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ® The aquatic resources within the above described project area have been identified under a previous' action. Please reference the approved jurisdictional determination issued August 23, 2018. Action ID: SAW-2018-00379. B. Basis For Jurisdictional Determination: Seethe Approved JD described in Section A5 above. C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction 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. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). 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 SAW-2019-00476 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 the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 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: �s /Y� Sarah Hair Date of JD: August 23, 2018 Expiration Date of JD: August 23, 2023 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 httl2:Hco&psmai)u.usace.ariny.mil/cm aoex/f9n=136.4.0. Copy furnished: NC DWR-Mr. Chad Coburn NC DCM-Ms. Courtney Spears/Ms. Tara MacPherson RECEIVED MAY 2 0 2019 OCM-MHD CITY RECEIVED MAR 2 7 20`` DCM WILMINGTON Action ID Number: SAW-2019-00476 County: Brunswick County Permittee: Town of Oak Island. C/o Mr. Steve Edwards Project Name: 4909 East Beach Drive/ Town of Oak Island Date Verification Issued: March 27, 2019 Project Manager: Sarah Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT . Attn: Sarah Hair 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or'initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date VICINITY MAP ATLANTIC OCEAN wT To rxC ?.?'t= SPOT GROUND 5.6.4 ATLAt= OCEAN ELEVATIONS 9 G S 74729'00- E FAST BEACH DRNE IRS 50.00' IRS -------— — — — — — — S 11.7'f - — __ — 11.7'1 P'I Iw FIRST LINE OF STABLE ��33BO N W-9ETHTON (MOSV) . - OR1GAL LINE BEAMNG I DISTANCE 1 1 6.24 LAN T .2• Q 1o1w12018 WLI N 7SL642 W M-" I H Wl2 $ 26'OS'11" M iB.99' I WL3 N 7842 23 W 1338' v WL4 N 1531 W E 41.40 Wl5 N iS31 00 E 1B.W I O I cs UPUND �' p o N I _ __ --_____ _ __ �EYELO%1,1FM n I __ 2D�.�__. =� _I 3 T.IFE• ._____ o �-� o o L�. /^� �{ � . WET LAND AREA m 257.9 SO. WL3 q - O r 4 A�II 11 J of. i° I I � N Z to 610 0 iY d 1' 998 S AT G '— I—VEGETATON LINE 03 /� I J, At>:' 5.5•t A Tt7E THPL CERTIFIES THAT 6 CDPTHIS Y OF AT AGGVRATELY DEMTS 59'3 7.J•f THE BOUNDARY OF THE AAMDCMN-OF SECTON'4O4 OF THE .i FAN xMTF'R ACT A9 OEIERIIME.O'BT THE UNDERSIGNED ON. TMS N N 74'29'029'0 0" W H.�. . 4909 EAST BEACH DRIVE TORT OFACIAL: 60' PUBLIC RIGHT—OF—WAY NOTE' THM PROt O"y t£S 1WJHR1 THE ACTION N NO: CA_ALA,. •»f ARE.A OF -GgNGB1N. 1EGINDIF USL"PROJECT: Town of Oak Island - 4909 E. Bmch DR @ B ' DATE: 10/30/2018 n�74 Page 1 OF 2 OAX ts)ANO ZONING GRAPHIC SCALE 1R-7?s;mw. _ ao s>L'kr.. 1. R�. 1. PUI nF BONG W:Kn.:ii.'1gN B. PEI'gtpED Jx NAP fAONET 1, PAGF 96-9G'pf 3f f.TiW 1M TiE.BfUA19lOLI( ogiAw..NwiIN DMD BOOK a,AwAu 14`GWER' EFF@5. 2. NORR1 1"iYtDDIP. GEG m OQD6: IN TIE BRUNSWICK CWNil', raE NAP `" } TAX. 'PARCEL # 249OF010 LOT SURVEY 1 OF 2 FOR-. TOWN OF OAK, OF LOT WILMINGTON, NC v BLOCK 8, SECTION 1 LONG BEAC1440V 0 9 2018 OAK IISLAND, SMITHMILLE TOWNSHIP BR wfm CQkNOY, iiORTH CAROLINA VCS & CO., INC. C-2160 1 YAtPON WAY TELE,OAK LAN () 361—tS59 IS EMAIL vcsbr.rT.coexl ATLAN ]]C qbE, d` AREAS 70'BEz NWroMnitl6 N2a N tY qq o E Lu 8i' IN.xtD nS woyJm 7a R' N om D - 50 00+so .mums le "San'S n'' u."Saou,4 #i 1 1X 4t yj ;+ 24 . 2 � � eo`of}y.T�i�,Osy"` tly. Y YFp5f1EG,` _ 11r' kPCONCREtE'- t dui .9C fiLifl�9itil &: ce ( I 425 6 .1 &15 s p� o+oo i t a - - . 4 n r! x. Tic PARCELir4BCfO40 +- EDGE CP PA�si�ENt' . e —CFAENTTT 1CREH DRNE LOT 5 i BLOCK a SEOTIDJS"a -." LORO6ge�AH PROf.ILE Sc,U,E ' -t Ix to Ff,,1` xORlzgNrpk w,ao.ri. I OAK LWM SMRFMLCt.E TOWNSHIP �- ! BRUNSWI�C. �bUNTr, NORTH.. C{SROIINA �E7,I�L4TIN�ORAOE � '_ „_ =---�— �INISHEA l;SAOE j � � 490-9 ,EAST EACH DR�IE TtLAREA l,iY s` o BO`UBUC RIGNFiOF-WAY .. a 'E;-1704}, 381-1552 i T.Oy#N OF ,pAK .ISLWOl:„1.Q' FJ L:_ARFA: WILMINGTON, NC n 7 ?� ATLANTIC OCEAN " i'��V �8 AREAS To BE fiuEo pES�5 rJ q[ M'1sV x aero s. g p ,ry,' S yWo� Ci 6�1. 50.00' rcdWrrs ro RCcnt mi,- s000.o sr. 1450 N1K h•FA-5351 G U. Ka1�1g11 (IVM•� � 1 a25 UMX Detached deck redline Deck footprint: 10' x 32' Mir, w� r� I�� rli ®rv:r■ ,wra r�r� rri�iiiMrrrnaar��iriri � rrrrrr i rrl Ir.•rww� :r 03lr10rw2"w" �rrr�r• 2; • _i� 1 VA rrr �iw�e •rrlrrar��� 11, ..,, Ei�ii1011 U' 111210 ri r�rerr�• I�nlrl� �i ra�rrrnrriiurwi�� �w Irrw rir i E . •• Wrrrrr �rlr�lnr�rrlrrrrlrrrrrrr .• • I�NA� iiir�iw•wlr rrrlrrlrlll�rwrrr Iwrrrrrrrlr�ww rwrW�rr.�lr rrrrw�lnrwrrr rr� rrrr - ,.. 5 rr�nrrrrrrrrlr rrwa��rsr� �y �•y•,� •i�J4�i�w rrwrrlr� r�wrr�r� . - 5 wnn�rrrr� r� • :. .BRUNSWICK COUNTY. NORTH CAROLINAI e - .MMINA MAY 2 0 2019 DCM-MHD CITY MA MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination — 4909, 4907 and 4905 f—tBe'ach Drive — Oak Island, Brunswick County Date: April 4, 2019 Consistency Determination: This project is consistent with the 2017 Town of Oak Island Comprehensive Land Use Plan. The applicant proposes to construct single-family residences with associated freshwater fill. The project is located at 4909, 4907 and 4905 E. Beach Drive, adjacent to the Atlantic Ocean in Oak Island. I have reviewed this proposal for consistency with the Town of Oak Island CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern (AEC's) are OH. Oak Island allows development in Residential classified AECs, which is consistent with the State's minimum use standards. The Oak Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project is consistent with the Town of Oak Island Land Use Plan Update Cc: FILE RECEIVED MAY 2 0 2019 DCM-MHD CITY two(l ROY COOPER No'emar MICHAEL S. REGAN .k,.'relare BRAXTON DAVIS < ... Omavor, Uirisirm nfCrwalal ManaFemenl November 19, 2018 MEMORANDUM: FROM Courtney Spears, Assistant Major Permits Coordinator RECEIVED NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) MAY 2 0 2019 courtnev.soears(c ncdenr.eov SUBJECT: CAMA/Dredge &Fill Application Review DCM—MHD CITY Applicant: Town of Oak Island Project Location: 4905 E. Beach Dr., adjacent to the tlantic Ocean, in Oak Island, Brunswick Co. -epa a Proposed Project: construction of a single-farhily dwelling with associated freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Swears at the address above by December 12, 201 & If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. CDttwrrt.4 0.Tn16'M , PRINT NAME �f')lF - 5AKia b`� DO'S AGENCY l)e l /O(l ` C,-4Y4 awd 5{brwArr�tr Canne.� be - SIGNATURE GirLJ,ntlw�cd �y ��ou;�v Lex�iRJ�vS �a+.d at 5C_P .r 4L f 0.;4; e-S CJ DATE 111 1 7_012106 State of North Carolina [ Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 !k Spears, Courtney From: Sams, Dan Sent: Wednesday, April 03, 2019 9:58 AM To: Spears, Courtney Subject: RE: [External] Application incomplete Yes, a review is required. If Mr. Edwards needs further clarification, he will need to discuss it with Georgette Scott or one of the Stormwater Engineering staff. RECEIVED Thanks.... dan MAY 2 0 ?019 DCM-MHD CITY Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 910-796-7215 dan.sams@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ---Original Message ---- From: Spears, Courtney Sent: Wednesday, April 03, 2019 9:54 AM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: RE: [External] Application incomplete Thank you, so each of these is a CAMA major permit - so will stormwater be required? Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Sams, Dan Sent: Wednesday, April 03, 2019 9:37 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: [External] Application incomplete Courtney: I did have that conversation with Steve Edwards. My response was that IF these three lots are the total planned development and IN TOTAL remain under one acre, the proposals fall outside of the permit requirements of Erosion and Sediment Control. IF a CAMA Major is not triggered, State Stormwater is not a permit requirement. Hope that answers all questions. Thanks.... dan Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 910-796-7215 dan.sams@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ---Original Message --- From: Spears, Courtney Sent: Wednesday, April 03, 2019 9:30 AM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: FW: [External] Application incomplete Hi Dan, Can you confirm the statements in the email below from Mr. Edwards regarding the proposed projects at 4905, 4907, and 4909 E Beach Rd in Oak Island? They would like to take the projects off hold, but I need to know that DEMLR is ok with processing these three projects separately. Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. ----Original Message ---- From: Steve Edwards <SEdwards@ci.oak-island.nc.us> RECEIVED MAY 2 0 2019 Sent: Wednesday, December 19, 2018 3:44 PM DCM-MHD To: Spears, Courtney <courtney.spears@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) CITY <Sa ra h. E. H a i r@ u s a c e. a rmy. m i I> Cc: Coburn, Chad <chad.coburn@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; David Kelly <DKelly@ci.oak- island.nc.us> Subject: RE: [External] Application incomplete CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Thank you Courtney, I have discussed the objections submitted by the Division of Energy, Mineral, and Land Resources' with Dan Sams and confirmed that the total area of disturbance for all three projects combined is less than one acre and that existing development bounds both sides of the project area. I have also reached out to Ms. Hair with the USACE and will be working with her regarding the additional information request. Thank you again, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Wednesday, December 19, 2018 8:59 AM To: Hair, Sarah E CIV CESAW CESAD (US); Steve Edwards Cc: Coburn, Chad; Sams, Dan Subject: RE: [External] Application incomplete Hello Steve, Attached please find a letter placing the three applications from the Town of Oak Island on hold for additional information. Please let me know if you have any questions. Thank you, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message --- From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, December 17, 2018 10:03 AM To: Steve Edwards <SEdwards@cloak-island.nc.us> Cc: Spears, Courtney <courtney.spears@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: [External] Application incomplete CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Mr. Edwards, Please see attached Request for Additional information (RAI) for the following project: Corps Action ID: SAW-2018-00379 County: Brunswick Project Name: 4905, 4907, 4909 E. Beach Drive lot fill Please note that your application cannot be further processed until the requested information is received. Thanks you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 NORTH CAROLINA Environmental Oualip, November 19, 2018 MEMORANDUM: ROY COOPER (imemor MICHAEL S. REGAN .Snaerary BRAXTON DAVIS Dnedor. Dmaim(f(,xi I Mmmgemna RECEIVED FROM - Assistant Major Permits Coordinator MAY 2 0 2019 NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-MHD CITY Fax: 910-395-3964 courtnev.soears(rilncdenr.aov SUBJECT. CAMA/Dredge & Fill Application Review Applicant: Town of Oak Island Project Location: 4909 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of single-family dwelling with associated freshwater wetland fill Please indicate below our a enc 's position or viewpoint on the proposed project and at the address above by December 12, 201& If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: 1` This agency has no objection to the project as proposed. "Additional comments may be attached" 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. - %/t� '6-dwn RECEIVED DCM WILMINGTON, NC APR 0 5 2019 State or North Carolina I Fawonmemnl Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 7% 7215 ,. ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS RECEIVED November 19, 2018 MEMORANDUM: MAY 2 0 2019 DCM- FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 4,10 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spearsoricdenr.cov SUBJECT: CAMA/Dredge & Fill Application Review 2L, Applicant: Town of Oak Island` Project Location: E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of a single-family dwelling with associated freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "'Additional comments may be attached'" 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. PRINT NAME (�rY-i QlAnn AGENCY NCivJQ(- SIGNATURE —1�� Recovev DEC 10 jm% DATE 12-te -n1A NG p,MWILMtNG fON State of North Carolina Envisunmmtal Quality I Coastal Management 127 Cardinal Drive EA.. Wilmington, NC 29405 919 796 7215 November 19. 2018 FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Oak Island ROY COOPER MICHAEL S. REGAN BRASCON DAVIS RECEIVED MAY 2 0 2019 DCMi-MHD CITY Project Location: E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of single-family dwelling with associated freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME �' rl It AGENCY SIGNATURE DATE C l l Z t I i '00 State of North Caroline I &rvitonm tttal Quality I Coastal Management 127 Cardinal Dnve Fx ., Wilmington, NC 29405 919 796 7215 � r- Ulrv9 WILMINGTON, NC NOV 2 ; 2919 NORTH CAROLINA rnvrnwmenluf Quuhm November 19, 2018 MEMORANDUM. „. ,L FROM: ® Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmin ton, NC 28405 Fax 910-395-3964 (Courier , courtnev. spearsCaZncde nr. oov SUBJECT: Applicant: Project Location: Proposed Project: CAMA/Dredge & Fill Application Review Town of Oak Island ROY COOPER (dnrmw MICHAEL S. REGAN a'ccreron BRAXTON DAVIS Dmdor. l Nnum aff'on<rul M.'Ww ma RECEIVED MAY 2 0 2019 DCM-MHD CITY 4909 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. construction of a single-family dwelling with associated freshwater wetland fill Please indicate below oura eenc I position or viewpoint on the proposed project and at the address above by December 1Z 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached” 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. PRINT NAME_6VO,T���� AGENCY �A SIGNATURE DATA ���,��� RECEIVED NOV 2 8 2018 SatcofNonh Carolina Envimnmemal Quality Coeval.Mngemem 127 Cardinal Dmc Ext, WJmingtun, NO 211405 9197967215 DCM Wllnel�l,^���t \[r mht Received: 12/03/2018 November 19, 2018 MEMORANDUM State Historic Preservation OtficCROY COOPER MICHAEL S. REGAN BRANTON DAVIS ER 18-3981 Due-- 12/11/18 FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington. NC 28405 A- OA Fax. 910-395-3964 (Courier 04-16-33) Jcl� courtnev spears(a)ncdenr go v I 21/119 SUBJECT CAMA/Dredge & Fill Application Review Applicant: Town of Oak Island Project Location: 4909 E Beach Dr. adjacent to the Atlantic Ocean. in Oak Island, Brunswick Co. Proposed Project: construction of a single-family dwelling with associated freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed "Additional comments may be attached" 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 attachedig) pg�s.s.D PRINT NAME Renee Gledhill -Earley MA` 9 El •,.r AGENCY State Historic Preservation Office y SIGNATURE L� RECEIVED DATE 1 ' 1 g DEC 10 2018 DCM WILMINGTON, NC flan of Canh (aro nu Lmvonnnnw.. \( n) C�sua919'%onnnl NOV 0 1) 2018 IP('arJnnl lhn<L�L \\dmiryemn. \(':lNOS 419'•W T_IS ry L 0 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS NORTH CAROLINA Ian,. o,,. 1>i�........o (""'I'd En, it'omnenlal Qualin 1laonenn w November 19, 2018 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier04-16-33) co u rtn e v. s p e a rs (a) n cd e n r. g oy SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Oak Island Project Location: 4909 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Cc Proposed Project: construction of a single-family dwelling with associated freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 1 Z 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. XThis agency objects to the project for reasons described in the attached comments. PRINT NAME �02/0 .4 WI't•/ RECEIVED L N J+ P MAY 2 0 2019 AGENCY -!v DCM-MHD CITY SIGNATURE .,�jJ � ` DATE I V301 zv/s RECEIVED DCM WILMINGTON, NC Slate ofNonh Carolina J Environmental Quality I Coastal Management DEC 0 4 2018 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 �(v i ENO Roy Cooper, Governor •��rii NC DEPARTMENT OF Susi Hamilton. Secretary vi ••an NATURAL AND CULTURAL RESOURCES Water Clark. Director, Land and Water Stewardship NCNHDE-7625 November 30, 2018 Courtney Spears NC DEG 127 Cardinal Drive Wilmington, NC 28405 RE: CAMA Application: 4909 E Beach, Oak Island Dear Courtney Spears: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httos://www.fws.00v/offices/Di rectory/ListOffices.cfm7statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assisKEIVED please contact Rodney A. Butler at rodnev.butIer(@ncdcr.gov or 919-707-8603. Sincerely, MAY 2 0 2U19 NC Natural Heritage Program DCM-MHO CITY RECEIVED DCM WILMINGTON, NC DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 W JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 2769'I & OFC 919,707.9120 • FAx 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area CAMA Application: 4909 E Beach, Oak Island November 30, 2018 NCNHDE-7625 Element Occurrences Documented Within Project Area ri Name• ccuracy IIII199FIVI& State Global State Group Observation Occurrence Status ' Status Rank Rank Date Aftnk Reptile 14277 Caretta caretta Loggerhead Seaturtle 2017-08-07 B 3-Medium Threatened Threatened G3 S3B,S3 N Reptile 7524 Chelonia mydas Green Seaturtle 2010-07-19 E 3-Medium Threatened Threatened G3 S1B,SU N Vascular Plant 26053 Amaranthus pumilus Seabeach Amaranth 2010-Summer D 3-Medium Threatened Threatened G2 S1 No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at httos//ncnhde.nahneserve ora/content/help. Data query generated on November 30, 2018; source: NCNHP, 04 Oct 2018, Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area CAMA Application: 4909 E Beach, Oak Island November 30, 2018 NCNHDE-7625 Element Occurrences Documented Within a One -mile Radius of the Project_ Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Fed GloRWate Group Observation Occurrence Statu s Rank} kank Date Rank Bird 27222 Haematopus palliatus American 2007 CD 4-Low --- Special GS S2S3B, Oystercatcher Concern S3N Bird 2S219 Ixobrychus exilis Least Bittern 1980-Pre H? 3-Medium --- Special G4G5 S2S3B Concern Dragonfly or 33738 Somatochlora Coppery Emerald 2004-Pre H? S-Very --- Significantly G3G4 S2? Damselfly georgiana Low Rare Freshwater Fish32417 Acipenser oxyrinchus Atlantic Sturgeon 2012-04-04 E 4-Low Endangered Endangered G3T3 S2 oxyrinchus Mammal 17664 Trichechus manatus West Indian Manatee 2018-08-13 E 5-Very Threatened Threatened G2 S1N Low Reptile 3970 Alligator American Alligator 2018-02-26 E 4-Low Threatened Threatened GS S3 mississippiensis Similar Appearance Reptile 14277 Caretta caretta Loggerhead Seaturtle 2017-08-07 B 3-Medium Threatened Threatened G3 S3B,S3 N Reptile 7524 Chelonia mydas Green Seaturtle 2010-07-19 E 3-Medium Threatened Threatened G3 S1B,SU N Reptile 1862 Lepidochelys kempii Kemp's Ridley 1992-08-30 H? 4-Low Endangered Endangered G1 S1B,SU Seaturtle N Vascular Plant 26053 Amaranthus pumilus Seabeach Amaranth 2010-Summer D 3-Medium Threatened Threatened G2 S1 Vascular Plant 22356 Erythrina herbacea Coralbean 2005-10-25 D 2-High --- Endangered G5 S2 Vascular Plant 22357 Erythrina herbacea Coralbean 2006-10 D 2-High --- Endangered G5 S2 Vascular Plant 28779 Euphorbia bombensis Southern Seaside 1948 H 4-Low --- Significantly G4G5 S2? Spurge Rare Throughout Vascular Plant 6152 Galactia mollis Soft Milk -pea 1957-06-06 H 4-Low --- Threatened G4G5 S2 Vascular Plant 13051 Ipomoea imperati Beach Morning-glory 1950-08-19 H 4-Low --- Threatened G5 S1 Vascular Plant 5456 Lilaeopsis carolinensis Carolina Grasswort 1961-06 H 4-Low --- Significantly G3G5 S2 Rare Other Vascular Plant 5382 Peltandra sagittifolia Spoonflower 1950-08 H 4-Low --- Significantly G3G4 S2S3 Rare RECEIVED Peripheral RECEIVED DCM WILMINGTON, NC Page 3 of 5 MAY 2 0 2019 DEC 0 4 2018 DCM-MHD CITY 15�. Element Occurrences Documented Within a One -mile Radius of the Taxonomic-__-E6_� Glen 1 c ame CommonNa Group ,.,..F._..sa:��,. ,_.....�.a. ..,:._. Vascular Plant Fragrant Beaksedge Vascular Plant 22390 Solidago villosicarpa Coastal Goldenrod Area Observation Date 1948-08 2005-10-26 No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Element Accuracy Federal State Global State Occurrence Stat Y ank Rank Rank H 4-Low --- Special G4 S1 Concern Vulnerable D 2-High --- Endangered G1 S1 Definitions and an explanation of status designations and codes can be found at httnq //ncnhcip nat r sery oro/rnnten /h to Data query generated on November 30. 2018; source: NCNHP. 04 Oct 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 µ d`, V co Y (6 0 L U f6 m m w rn 0 rn v c 0 a Q Q Q Q U L6 N CD t` W 2 Z U Z RECEIVED MAY 2 0 2019 DCM-MHD CITY 1N O Y1 0 a n. w x z m d RECEIVED DCM WILMINGTON, NC DEC 0 4 2018 iU 0 November 19, 2018 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 041E-33) courtnev.soears(Dncdenr.aov SUBJECT: CAMA /Dredge & Fill Application Review ROY COOPER Gow mor MICHAEL S. REGAN secretary BRAXTON DAVIS Dlreclnr, Division gfCoasml Management RECEIVED MAY 2 0 2019 DCM-MHD CITY Applicant: Town of Oak Island Project Location: 4909 E Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: construction of a single-family dwelling with associated freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 12, 201& If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. IK REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** 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. PRINT NAME 1YI a e- i �, 1 AGENCY GO G✓l M fYfX RECEIVED SIGNATURE C• / �% DEC 0.611 DATE (Z / 6 / DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DocuSign Envelope ID: CE78BB29-CAD0-4927-BDA9-97C2A7D2FEED NORTH CAROLINA Fnironmental Quality November 19, 2018 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER (inventor MICHAEL S. REGAN Secretor), BRAXTON DAVIS l)ireohrr, Dm". tr/Coastal Management RECEIVED - Assistant Major Permits Coordinator MAY 2 0 2019 NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmin ton, NC 28405 Fax: 910-395-3964 DCM-MHD CITY courtnev.soearsbncdenr.aov CAMA /Dredge & Fill Application Review Town of Oak Island 4909 E Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co construction of a single-family dwelling with associated freshwater wetland fill Please indicate below our a enc 's position or viewpoint on the proposed project and at the address above by December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: _X_ This agency has no objection to the project as proposed. "Additional comments may be attached" 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. Written approval is not required under GC4175 Chad Coburn DocuSignee by: CG.a�, CA�I,Wbt, 4/18/2019 u RECEIVED A:aR 2 2 2019 DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 NC Division of Coastal Management AEC: Atlantic Ocean _`' Fee: $250 #74012,014 Major Permit Application Computer Sheet / 1 CDAITS _ MHC cc e i Applicant: Town of Oak Island AgentlContractoc Wa Project Site County: Brunswick Staff: Tara MacPherson District: Wimingtion Project Name: 4905 490 4909 Beach Dr: clear, grade, 404 ffll Project Name: 4905 490 <0 Rover Fie: rda River Initial date of application submittal: 10-25-18 Date application 'received as complete' in the Field office: �1 G ' 1 Permit Authorization: ❑ CAMA ❑ Dredge & FROoth SITE DESCRIPTION/PERMIT INFORMATION i ORW: []Yes 1,No I PNA: ❑Yes CANo Photos Taken: Yes No Setback Required (riparian): Yes EV110 Critical Habitat: [-]Yes ❑No L11Not Sure 15 foot waiver obtained: UYes LNo H rd Notification Returned: as ❑No SAV: []Yes No ❑Not Sure Shell Bottom: Yes o Not Temporary Impacts: No Sure Sandbags: []Yes o ❑ Not Sure Did the land use classificaf come Mitigatio Required (optional): from county LUP: ❑Yes EA40 ❑Yes No Moratorium Conditions: Environmental Aspessment Done: Length of Shoreline: []Yes ❑No E A []Yes[]NoA f'h t Shellfish Area esi lion. Project Description: (code) Development Area: (code) Open -or Closed �> v SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HOW) U Outstanding Resource Waters (OR" VrETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Gtasswort ( Salicomia sp.) tlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina. altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bultrush or three square (Sdrpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncos (SP) Satt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm wl D&F to 1 ca applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major C3 Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 acre; 4144 can be applied - $400 RECEIVED ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 LJ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 DCM-MHD CITY Town of Oak Island #4905 Date: 10-25-18 #4907 #4909 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One S ` New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New work ❑ Replace Maint ❑ ❑Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any anticipated Excludes any restoration total includes any anticipated Excludes any restoration and/or restoration or and/or temp restoration or temp impact ternim ads) m act amount temp impacts) amount Dredge ❑ Fill Both ❑ Other ❑ J Dredge ❑ Fill Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733.2293 :: 1-888-4RCOA3T :: www nccoastalmanaaement.net revised: 10/12106 I Debra Wilson 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Steven Edwards Development We are owners of a property 4911 E. Beach Drive, Oak Island, NC. We received a letter from Steven Edwards informing us of his proposed work on 4905, 4907, and 4911. These are lots to the west side of our property, and we do have concerns. Our main concern is when these 3 properties are cleared and the fill material is brought in and the buildings are erected they will be more elevated and the rain and runoff water will naturally run into our property causing our yard to be flooded. Since we are 83 years old and had the property up for sale before the hurricane, we are not in a position to have to pay to have our property filled in to raise it to the level he is proposing for his lots. Is there a regulation allowing a developer to fill in as much as he wishes without consideration for adjoining properties? As you can see we are concerned and do not know the proper procedure we would need to follow in order to protect our existing property. Sincerely, Thomas & Jacqueline Savidge 77 Cavalier Drive Apt. 7202 Wilmington, NC 28405 RECEIVED NOV 2 7 m8 DCM-MHD CITY RECEIVED DCM WILMINGTON. NC Major Permit Fee Schedule Project Name: County: Check No & Amount: �-r]oGl C �)CA-\l0kJ C/3-\VO'vO6'� U 7�ICi�l� a�� -- DCM % DWQ % Development Type 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) Il. 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 tiling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: 1 III(A). Private, non-commercial 77 1 ' ^ �{r/ development, if General Water QualityFV'.7J�'� Certification No. 4144 (See attache can be applied: III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) RECEIVED Nov 2 7 2018 6CM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/29/2018 Town of Oak Island Town of Oak Island BB&T 74014 $250.00 major fee, 4909 E Beach, Tmac rct. 4021 Oak Island, BrCo NO Split Recommendations for State Permit — Town of Oak Island 11/16/18 It is the staff's recommendation that the construction of the proposed structure is CONSISTENT with the Rules of 15 NCAC 7H.0306 (a)(5) Use Standards for Ocean Hazard Areas and 15 NCAC 71-1.0309 (a)(3) Use Standards for Ocean Hazard Areas: Exceptions, which states that elevated decks (self-supporting) not exceeding a footprint of 500 sq. ft. may be permitted seaward of the oceanfront setback This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements are met. Any permit issued should include standard conditions for oceanfront development. RECEIVED to 21 ZbIB OCM-MHD CITY 0 NORTH CAROLINA Environmental (lualiq, November 19, 2018 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • 4905, 4907, 4909 E. Beach Drive / Brunswick County • Gross & Shaw / New Hanover County ROY COOPER Omvmor MICHAEL S. REGAN Se,m(un, BRAXTON DAVIS @rumor. Dniwott ofCrwsvfal Mnrwgrmrnl Hello Angie: Please publish the attached Notice in the Thursday, November 22, 2018 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 Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permitting Support & Cus omer Assistance cc: MHC Files Courtney Spears - WiRO Liz Hair - USACE RECEIVED Nov 21 2015 DCWMHD C►TY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Ddve Fat., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On November 9, 2018, the Town of Oak Island proposed to construct a single family dwelling with associated §404 Wetland fill at 4905, 4907, and 4909 E. Beach Drive, adjacent to the Atlantic Ocean, in Oak Island, Brunswick County; and on November 15, 2018, Dustin Gross and Harry Shaw proposed to excavate an existing access channel and basin at 409-417 Bradley Creek Point Rd, adjacent to Bradley Creek, in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Tara MacPherson (BR Co.) or Brooks Surgan (NH Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7215 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 12, 2018 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 pen -nit decision in these matters will be provided upon written request. RECEIVED NOV 2 7 N18 &ID ctTY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Oak Island c/o Steven Edwards 2. LOCATION OF PROJECT SITE: 4909 E Beach Drive, adjacent to the Atlantic Ocean, in the Town of Oak Island, Brunswick County. Photo Index— 2006: 8-6767 D-12 Latitude: 33°54'34.44"N Longitude: 78°06'50.24"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/30/18 Was Applicant Present - Yes 5. 1.1 1*1 PROCESSING PROCEDURE: Application Received — 10/25/18 (initial) 11/9/18 (complete) Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Town of Oak Island Land Classification From LUP — Residential (B) AEC(s) Involved: OH (C) Water Dependent: No (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Municipal Planned - Municipal (F) Type of Structures: Existing — Undeveloped oceanfront lot Planned — one (1) single family residence (G) Estimated Annual Rate of Erosion: two (2) feet per year Source — DCM-2013 Erosion Rate Maps HABITAT DESCRIPTION: A; QTEEIR (A) Vegetated Wetlands (404) 257.9 ft2 (404) (B) Non -Vegetated Wetlands (Open water (C) Other (Upland) 5,000 ft2 (D) Total Area Disturbed: 5,257.9 ft2 (0.12 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to construct one (1) single family residence with associated freshwater wetland fill. RECEIVED NOV 272018 DCM-MHD CITY Town of Oak Island Page 2 9. PROJECT DESCRIPTION: The project site is located at 4909 E Beach Drive, in the Town of Oak Island, Brunswick County. To locate the project site from Wilmington, travel west on NC-1 33/US-1 7S/US-74/76W for approximately 3 miles then take the US-17 exit toward Shallotte and continue for approximately 13 miles. Turn left onto NC-906 and travel for approximately 10 miles. Then, turn left onto E Oak Island Drive and travel 2.4 miles. Turn right onto SE 401h St and travel 0.3 miles, then turn left onto E Beach Drive and travel 0.5 miles to the property of interest. The project site is bordered on the north by a single-family residence and to the south by two vacant lots also owned by the Town of Oak Island. The site consists of one 0.17 acre parcel with an elevation of approximately 7 ft. above normal high water. Vegetation on the tract consists of native beach vegetation including Yucca (Yucca spp.), Sea Oats (Uniola paniculata), Red Cedar (Juniperus virginiana), Saltmeadow Cordgrass (Spartina patens) and Pennywort (Hydrocotyle bonariensis).). According to the application approximately 258 ft2 of 404 Wetlands exist along the western edge of the property (see Survey Sheet 1 of 2). The site is currently undeveloped and no permit history could be located for the property. The FLSNV was flagged post Hurricanes Florence and Michael on 10/30/18 by DCM. The waters of the Atlantic Ocean are classified as SB by the NC Division of Water Resources (DWR). The NC Division of Marine Fisheries (DMF) has not designated this area of the Atlantic Ocean as Primary Nursery Area and the waters adjacent to the proposed project are closed to the harvesting of shellfish. The project site IS located within an area of the Town of Oak Island that undergoes beach renourishment. The erosion rate for this area is two feet (2') per year, according to the 2013 Erosion Rate Maps, creating a total Ocean Erodible Area AEC of 180'. PROPOSED PROJECT: The applicant proposes to construct one (1) single family residence with associated freshwater wetland fill. The applicant proposes to construct a single home on the lot, which would result in the filling of approximately 257.7 ft2 of 404 Wetlands and approximately 5,000 ft2 of high ground. The home would be located landward of the 60' setback from the first line of stable natural vegetation (FLSNV) and the Town of Oak Island Development Line (see Sheet 2 of 2). There would be a 320 sq. ft. detached self- supporting deck measuring approximately 10 ft. wide by 32 ft. long on the waterward side of the house, which would encroach into the 60' setback from the FLSNV. The total disturbed area would be 5,257.9 ft2. The application states that wetlands on the property were reviewed by the USACE under Action ID No. SAW-2018-00379. 10. ANTICIPATED IMPACTS: The construction of the building would result in the disturbance of approximately 5,000 ft2 of high ground and the fill of approximately 257.7 ft2 of 404 Wetlands, for a total of 5,257.9 ft2 of disturbance within the Ocean Erodible AEC. The application states that sewer and water supply services would be provided by the local municipality. The application also states that wetlands on the property were reviewed by the USACE under Action ID No. SAW-2018-00379. Submitted by: Tara MacPherson Date: November 16, 2018 Office:AiENVQ NOV 2 7 201E DCli -MHD CITY pIFFIFp ,VIY �.YM= October 22, 2018 NC Department of Environment and Natural Resources Re: Project narrative — 4909 E. Beach Dr. The Town of Oak Island is seeking approval to prep the referenced site for construction of a single-family home and driveway. The scope of work will include the fill of approximately 257.9 sf of freshwater wetlands. It is requested that the fill be permitted without mitigation due to the low value of the wetlands as determined under a recent evaluation of a site near to this property under Action ID No. SAW-2017-00289. Site will be cleared for house and driveway. Fill material will be brought in to level building pad and driveway area. Pilings and utilities will be installed; house will then be constructed. Construction equipment and building materials will be staged on upland portion of property during construction, sedimentation and erosion controls (silt fence) will be in place and stormwater will be treated per Town of Oak Island requirements. Construction equipment consists of: dump truck, bulldozer, pile driver and other standard construction equipment. Respectfully submitted: S �� Steven Edwards Development Services Director Town of Oak Island RECEIVED NOV 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 4601 E. Oak Island Drive • Oak Island, North Carolina 28465 Phone: (910) 278-5011 • Fax: (910) 278-3400 • Website: www.oakislandnc.com gem Mr-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of Oak Island Project Name (if applicable) 4909 E. Beach Dr. Applicant 1: First Name Steven MI B Last Name Edwards / representative for Town of Oak Island Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 4601 E. Oak Island Dr. PO Box City Oak Island State NC ZIP 28465 Country USA Phone No. 910-201-8052 ext. FAX No. 910-278-1811 Street Address (d different from above) City State ZIP Email sedwards@ci.oak-island.nc.us 2. Agent/Contractor Information Business Name Town Of Oak Island Agent/ Contractor 1: First Name MI Last Name Steven B Edwards Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 4601 E. Oak Island Dr. Oak Island NC ZIP Phone No. 1 Phone No. 2 28465 910-201-8052 ext. 910-278-5024 ext. FAX No. Contractor # Street Address (if different from above) City State I Email sedwards@ci.oak-island. nc. us <Form continues on back> DCM WILMINGTON, NC CT 2 9 2018 252-808-2808 :: 1-888-4RCUAST :: www.nccoas talmanagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be muitiple) Street Address State Rd. # Brunswick 4909 E. Beach Dr. Subdivision Name City state Zip Oak Island NC 28465 - Phone No. Lot No.(s) (d many, attach additional page with list) 910 - 201 - 8052 ext. L-5, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Oak Island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) None 7500 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 7500 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4-11.7' ®NHW or ❑NWL e. Vegetation on tract 404 Wetlands: Panicum sp, Phragmites australis, Baccharis halimifolia, Dichanthelium sp, Cladium jamaicense, Scripus sp, Spartina, Patens, Juncus roemerianus Uplands: Morelia cerifera, Juniperus virginiana, Panicum sp, Yucca gloriosa I. Man-made features and uses now on tract Undeveloped and vegetated g. Identify and describe the existing land uses adjacent to the proposed project site. Undeveloped or rsidential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zon192CEIVI Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA NOV 2 j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ZNo 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 property? RECEIVED <Form continues on next page> DCM WILMINGTON, NC OCT 2 9 2018 .D 118 M 252-808-2808 :: 1.888.41RCOAST :: ww w. nccoasta l management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No III) Are there coastal wetlands on the slte? ❑Yes ®No (iii) If yes to either (i) or (III above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municiple sewer system o. Describe existing drinking water supply source. Municiple water system p. Describe existing storm water management or treatment systems. No existing stormwater treatment systems. 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. To construct a single-family residence and driveway 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. Site will be cleared for house and driveway. Fill material will be brought in to level building pad and driveway area. Pilings and utilities will be installed; house will then be constructed. Equipment will be staged on upland portion of property during construction. d. List all development activities you propose. To construct one single-family house and driveway. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 5258 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. The applicant proposes to fill a total of 257.9 sf of freshwater wetlands for construction of a single-family house. Sda, i,,.I runoff will be treated per the Town of Oak Island requirements. NOV 27 I. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA DCM-MHD 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. ?018 CITY r v r=v DCM WILMINGTON, NC <Form continues on back> OCT 2 9 2018 252.808.2808 :: 1.888.4RCOAST :: www.nccoastal management. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional 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 Matthew D. Brenner Phone No. Address 331 Hillside Ave; Charlotte, NC 28209 Name Thomas O. & Jacqueline H. Savidge Phone No. Address 71 Cavalier Dr Apt 1203; Wilmington, NC 28405-4450 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization forth, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Pennission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date August 2, 2018 Print Name Steven B. Edwards Signature /J C�✓� 7 n d B&PE IQn J Please indicate application attachments pertaining to your proposed project. NOV 2 7 2018 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM-MHD CITY ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 252.808.2808 .. 1-888.4RCOAST .. 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 Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA III) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? RECEIVED I. (i) Does the disposal include any area in the water? NOV 7 Z�I� ❑Yes ❑No ❑NA III) If yes, how much water area is affected? DCM-811HD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 252.808.2808 :: 1.888.4RCOAST :: www. nc coastalmanagemen_t. net revised: 12!26 C 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: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill Other I. Source of fill material. 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. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) ry If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water none other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area 105' x 50' ❑CW _ ❑SAV ❑SB (iv) Purpose of fill OWL 258 ❑None To make a building pad for the home (ii) Describe the purpose of the fill in these areas: To provide adequate area to build a home 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Silt fencing will be used Pile driver, other standard construction equipment 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. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No []NA (it) If yes, explain steps that will be taken to avoi p , ED environmental impacts. 2018 August 2, 2018 Town of Oak Island ,S'��N I — D CITY Date Applicant Name 4909 E. Beach J<e �r//� Applicant Signature RECEIVED Project Name DCM WILMINGTON, NC L,L i 292018 252.808.2808 :: 1.888-4RCC " ..'t revised: 1226,06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. One single-family house on pilings and driveway c. Density (give the number of residential units and the units per acre). one unit per 0.17 acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ❑No ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. None i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 30.29% j. Describe proposed method of sewage disposal. Connect to municipal system I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, 'Wash down' and residential discharges). 257.9 sf of 404 wetland impacts; stormwater runoff will be treated per Town of Oak Island requirements b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 5257.9 f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete for house pad and driveway h. Projects that require a CAMA Major Development Permit may also require a Stonnwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? []Yes ®No ❑NA III) If yes, list the date submitted: Have the facilities described in Item (i) received state or local approval? []Yes ®No []NA If yes, attach appropriate documentation. RECEIVED m. Does the proposed project include an innovative NtXrf Jt;, 2018 design? []Yes ®No []NA DCM-MHD CITY If yes, attach appropriate documentation. VED DCM WILM NIGTON, NC OCT 2 9 2018 252.808.28082 :: 1.888.4RCOAST :: www.nccoastaimanagement_net revised: 12126/06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Town of Oak Island water supply o. When was the lot(s) platted and recorded? 1939 August 2, 2018 Date 4909 E. Beach Dr. Project Name 7 % Town of Oak Island S �ditrA✓✓S' Applicant me Applicant Signature n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No MINA RECEIVED NOV 272018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 252-808-2808 :: 1-888-4RCOAST :: www.necoastalmanagement.net revised: 12126106 VICINITY MAP NOr 10 SCUE 'J NO c N_ CIO 249DFO10-012 - 4905, 4907 & 4909 E. Beach Dr. I sr s.m,. � .0 1:776 0 0.005 0.01 0.02 mi , , ,I�, , O 1 1 , I 0 0.01 0.02 0.04 km m e�.ow�a�corcls r-m m 3n V C �C.vYGIS m N m �COV YGIST m G� 0 8 Q Z Z 0 VICINITY MAP NOT TO SCALE ATLANTIC OCEAN ?.?'f= SPOT GROUND ELEVATIONS 1 IRS 1 1.7"t LINE BEARING I DISTANCE I 6.2'f� WL1 N 73'1642' W 16.44' WL2 S 26'05'11' W 16.99' WI-3 N 78'42'23 W 13.36' WL4 N 15'31 00' E 41.40' I O WI-5 N 15'31'00 E 18.03 I O o L ( n I 200NIHN4 CE to ___ cT I I I O O O I I � I I z I i 1998 STATIC __ VEGETATION LINE I I I I I � 5.5"f iIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS 5.93 -IE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE LEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS IRS ATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED 6.3 t� GULATIONS, THE DETERMINATION OF SECTION 404 JURISDICTION SSMH AY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) EARS FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS -TERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT J THE 1987 U. S. ARMY CORPS OF ENGINEERS WETLANDS -1 INFATION MANIIAI. OFFICIAL_ ACTION ID NO: FESSIp� aQ SEAL c L-3586 4 SU ATLANTIC OCEAN S 74-29'00" E 50.00 IRS _ 11.7'f RIDGE 0 DUNE FIRST LINE OF STABLE VsGETATION (FLOSV) FLAGGED�1' A IMMA. _ OFFICAL IANDWAR TOE .2' -i IO13012018 H O v I � � O UPLAND p __ ___________ _— _ _ DEVELOPMENT 3 TIFF------- 60' oFFSE?. JFLOSVV . LA WET ND WL3 _O m AREA 257.9 SQ. M A `t O N J In J 3 .3 N WL1/ v7 I m IRS1 �LANDWARO TOEEE:��6.0'f ssco TP 50.00' N 74'29'00" W •ZolowlE �.`l� BEACH DRIVE 60' PUBLIC RIGHT-OF-WAY NOTE: THIS PROPERTY LIES WITHIN THE C.A.M.A. OCEAN ERODIBLE AREA OF ENVIRONMENTAL CONCERN. LEGEND (IF USED) PROJECT: Town of Oak Island - 4909 E. Beach DR. RF=IRON ROD OR REBAR FOUND DATE: 10/30/2018 AHWL=MEAN HIGH WATER LINE ABL=MINIMUM BUILDING LINE Page 1 OF 2 RS=IRON REBAR SET E?.?'f-GROUND ELEVATIONS OAK ISLAND DZI�=CONSTRUCTION ENTRANCE GRAPHIC SCALE , =SILT FENCE ZONING "RAN=TRANSFORMER 15 L 30 )B=CABLE PEDESTAL R—] Fl AGENCY MANAGEMENT INSURANCE RATE MAP 1 INCH - 30 FEET FRO CK;S• NOV 2 7 SIDE = B', C=tO' REAR- 20 TAX PARGEL- 249DF010 FLOOD CERTIFICATION: 1. THIS PROPERTY LIES WITHINA F.E.M. SPECIAL FLOOD HAZARD AREA LOT SURVEY 1 O r 2 v„ VE-12 AS SHOWN ON F.I.R.M. 37202065007K, DATED 8/28/2018. GENERAL NOTES: 1. MEASUREMENTS ON THIS MAP ARE IN FEET AND DECIMALS THEREOF. FOR: TOWN OF OAK ISLAND 2. ALL SET CORNERS ARE 1/2" IRON REBAR UNLESS OTHERWISE NOTED, 3. THIS PROPERTY MAY BE SUBJECT TO ADDITIONAL EASEMENTS, RIGHTS OF LOT 5 WAYS AND RESTRICTIONS NOT DISCERNIBLE BY OBSERVATION AT THE TIME OF SURVEY OR THAT MAY BE OF RECORD. NO TITLE SEARCH BY BLOCK 8, SECTION 1 THOMAS D. VON CANON. LONG BEACH REFERENCES: 1. PLAT OF LONG BEACH, SECTION 8, RECORDED IN MAP CABINET 1. OAK ISLAND, SMITHVILLE TOWNSHIP PAGE 96-99 ON 3/17/1939 IN THE BRUNSWICK COUNTY, NORTH BRUNSWICK COUNTY, NORTH CAROLINA CAROLINA REGISTER OF DEEDS. 2. DEED BOOK 1190, PAGE 27, RECORDED IN THE BRUNSWICK COUNTY, NORTH CAROLINA REGISTER OF DEEDS.THIS A/CS & CO., INC. C-21 GO IS TO CERTIFY HE T ON OCTOBER HTHE ITITLE THIS PROPERTY SHOWN ON PLAT, AND THAT LNESYANDTTHE 1 YAUPON WAY WALLS OF THE BUILDINGS. IF ANY, ARE SHOWN HEREON. THE AREA OF V S OAK ISLAND, NC THIS PROPERTY IS 9.172 ACRES AS CALCULATED BY COORDINATE COMPUTATIO D T DR of CLOSURE Is 1:1D.o°D. O TELE. (704) 361-1557 EMAIL vcsbrunsco®ec.rr.com SIGNED HOMAS D. VON CANON L-3586 7� K lgge ' --VEOETAl10N U11NE W 0 v z z� W W y V z a Y U Z �� Oo O Lu COf_ O Z 02 a ix i N ci p0 ATLANTIC OCEAN AREAS TO BE FILLED a m af° ai �m LLI t` 0 >� o AREA FLAMED AS WETLAND- 257.9 SF. y>O1��O = oao y 02' APPROXIMATE AREA N ADDf110N TO Tv a, G! G �' K (W(SS p W yQ /� Q W J cq SO WETLANDS F1LL- 5000.0 SF. �� d W U�+ Y. Z � 1+SO - 257.9RECENES TOTAL MEA�525].9 5F. I ' I I( I ( I I 0 >U O zn 1 +26-- r w OFFlCAL 1+00 0 0 8_ o=17 --- --' z 0+75 n BO' OPFSEF (MSS U O U F D+50 Z ` a WETLAND AREA TO 8E F0.LED�237.9 SF. 0+25 D+15 0+00 —EDGE OF PAVEMENT CENTER LINE OF EAST BEACH DRIVE PROFILE 4909 EAST BEACH DRIVE 60' PUBLIC RIGHT-OF-WAY TOWN OF OAK ISLAND PROFILE SCALE: VERTICAL 1 IN.=10 FT. / HORIZONTAL i IN.=40 FT. EXISTING GRADE FINISHED GRADE ® FILL AREA 0 404 FILL AREA FUM ZONE VE-17 1ED RETE 7.0' ATLANTIC OCEAN AREAS TO BE FILLED I—' AREA A ROXNATEE AREA INAOOITIONSTO 7.9 SF. 50.00' WEnwoS TO RECEIVE FILL- 5000.0 SF. 1+50 TOTAL ARusnzs SF. FlRST UNE OF STABLE 20' NBL — F�.EDBY A m A CN +25 RS1h1 /r—M/ E. I .I 0 +50 1IF 1 81111111111111 , BE fRIED-257.2 SF. — —EDGE OF PAVEMENT CENTER LINE OF EAST BEACH DRIVE PROFILE 4909 EAST BEACH DRIVE 60' PUBLIC RIGHT—OF—WAY TOWN OF OAK ISLAND H M 1 0 0 W z .4J.. J Z i � W Z 00 Y W pK Y w i Z = ¢ a h W 0. 01j O O F- W O Wm � O W = W ZZH PROFILE SCALE: VERTICAL 1 IN.=10 FT. / HORIZONTAL: 1 IN.=40 FT. EXISTING GRADE FINISHED GRADE ® FILL AREA 404 FILL AREA WILMINGTON, INC 140V 0 9 1018 DECEIVED NOV 2 7 2019 qg kMHD CITY Detache ec redline Deck footprint 10' x 32' 0 ZONE VE-17 Town of Oak Island - 4909 E. Beach Dr. I 10/30/2018 IJ 2 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Town of Oak Island c/o Steven Edwards 4601 E. Oak Island Drive Oak Island, NC 28465 Dear Mr. Edwards: NORTH CAROLINA Environmental Quality November 16, 2018 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for the Town of Oak Island, for State approval for development of the subject property located at 4909 E Beach Drive, adjacent to the Atlantic Ocean, on Oak Island in Brunswick County. It was received as complete on November 9, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 23, 2019. 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 November 9, 2018, 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 113A019(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, are (Tara M cPhe on Field Representative cc: Courtney Spears, DCM Liz Hair, COE Doug Huggett, MHC Town of Oak Island, Applicant Donna Coleman, LPO Chad Coburn, DWR ,99-T 90P NOV2 77�;x clTy North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Eztrision I Wilmington, North Carolina 28405 '1j? NOTI(O*$ RE�EIVEp NOV 2 � 2016 pCM-MHp cl CAMA PERMIT APPLWI RMIvFTo construct a sing e. dwelling wi §4 •. COMMENTS ACCEPTED THROUGRecember 12.1 2018 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Town of Oak Island i � NC Div. of Coastal Management 4609E Oak Island Drive 127 Cardinal Dr. Extension Oak Island, NC Wilmington, NC 28405 Tara MacPherson, Field Specialist Agent: Steven Edwards (910)201-8052 910-796-7425 ,OWN OF C3 .. rU 11 For delivery information, visit our website at tQIA ' USE Q' -0 CertMetl Mal Fee $ E%tl$SaMCBe6 dNd ELL tlJM tr- arum Receipt Immoopyl $ C3 0 ❑Rehm Receipt (Yx ) $ ❑rwtniaa Mar RWAr iee Dili $ r3 ❑AauHSignaW,r, Re ftf $ 0 Mut Signature ReNrkM OW"$ postage f C3 —B $ ` J Total Poatada and Faaa a W, S Z h, r-1 `wnegt --- -- - - ------ -- ---------- Sent To MV(A&W1.0ft&.KtC ---........... -- -- - ---- --- - p 111 Sireei end__________________Crtt;'srete, --- 'Z8 Zo4i Postal CERTIFIED MAIL& RECEIPT 7 Domestic Ln • o c �� f- Co Certilletl MwI w e.-� $ � 7 v ices e9$(clreck6w,rMMae �enrn R..w AwEcopy) $ 0' / ❑Karam RecaW l&ectmnk) $ PMhnaif $ ❑Certlretl MailRmMCletl OelWery $ O❑i10uH $ignaNre ReRuireC $ A T %}1��1 O ❑MaH Signature Reeebbtl NINx $ h'CT {� rIL ?91R Postage 411 ' .�G Total posaii ar Faw r Sent To .� Ti�.w... T•��I.�r;h p -- -- --- r 'l! Cava.w. dre: IV re RECEIVED NOV 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 4601 E. Oak Island Drive a Oak Island, North Carolina 28465 Phone: (910) 278-5011 • Fax: (910) 278-3400 a Website: www.oakislandnc.com µtAVV pF Certified Mail — Return Receipt Requested October 23, 2018 Matthew D. Brenner 331 Hillside Avenue Charlotte, NC 28209 Dear Mr. Brenner: The Town of Oak Island is applying for a CAMA Major permit to prep and fill wetlands for construction of single family homes, located at 4905, 4907 and 4909 E. Beach Dr., adjacent to the Atlantic Ocean, in Brunswick County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Debra Wilson, 127 Cardinal Drive Ext, Wilmington, NC 28405, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-201-8052, or e-mail me at sedwardsla ci.oak-island.nc.us. RECEIVED Sincerely, Steven Edwards, Development Services Director Enclosures NOV 272018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 4601 E. Oak Island Drive - Oak Island, North Carolina 28465 Phone: (910) 278-5011 - Fax: (910) 278-3400 - Website: www.oakislandnc.com TOWN of Certified Mail — Return Receipt Requested October 23, 2018 Thomas & Jacqueline Savidge 71 Cavalier Dr. Apt.1203 Wilmington, NC 284054450 Dear Mr. & Ms. Savidge: The Town of Oak Island is applying for a CAMA Major permit to prep and fill wetlands for construction of single family homes, located at 4905, 4907 and 4909 E. Beach Dr., adjacent to the Atlantic Ocean, in Brunswick County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Debra Wilson, 127 Cardinal Drive Ext, Wilmington, NC 28405, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-201-8052, or e-mail me at sedwardsar ..d.oak-island.nc.us. RECEIVED Sincerely, NOV 2 7 2018 �Vp DCM-MHD CITY Steven Edwards, Development Services Director Enclosures DCM RECEIVED ON, NC OCT 2 9 2018 4601 E. Oak Island Drive • Oak Island, North Carolina 28465 Phone: (910) 278-5011 • Fax: (910) 278-3400 • Website: www.oakislandnc.com Project Is In An: Property Owner: Property Addres: Date Lot Was Plattea: r, wv v- i t i t -t ;;1 t AEC HAZARD NOTICE _L Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is located is ;2 feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as 3 Z S feet landward in a major storm. The flood waters in a major storm are predicted to be about / 2 feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 ofthe third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time ofpermit issuance, and. the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence of a major shoreline change as the result of storm within the 60-day per will necessitate remeasurement of the setback. It is important that you check with the LPO before the pemtit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For more information, contact: Local Permit Officer 12-7 //% /% / Address ttl i I'rta';.t. 4' . /V`C 2 8g105 - '38yS Locality cl (D - -7% Phone Number RECEIVED NOV 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 �-�P 70t4 t o; tic k yl;� Signature Date /a,414�A 23, Z01 Revised BEFORE YOU BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront, you take a calculated risk. Natural forces of water and wind collide with tons of force, even on calm days. Man-made structures cannot be guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) may take from two to ten feet of the beach each year, and, sooner or later, will threaten oceanfront structures. These are the facts of life for oceanfront property owners. The Coastal Resources Commission (CRC) has adopted rules for building along the oceanfront. The rules are intended to avoid an unreasonable risk to life and property, and to limit public and private losses from storm and long-term erosion. These rules lessen but do not eliminate the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge, you can make a more informed decision about where and how to build in the coastal area. The Rules When you build along the oceanfront, coastal management rules require that the structure be sited to fit safely into the beach environment. Structures along the oceanfront, less than 5,000 square feet in size, must be behind the frontal dune, landward of the crest of the primary dune, and set back from the first line of stable natural vegetation a distance equal to 30 times the annual erosion rate (a minimum of 60 feet). The setback calculation increases as the size of the structure increases [15A NCAC 7H.0306(a)(2)]. For .example: A structure between 5,000 and 10,000 square feet would require a setback from the first lineof stable natural vegetation to a distance equal to 60 times the annual erosion rate (a minimum of 120 feet). The graduated setback continues to increase through structure sizes greater than 100,000 square feet. ' The Reasons The beachfront is an ever -changing landform. The beach and the dunes are natural "shock absorbers," taking the beating of the wind and waves and protecting the inland areas. By incorporating building setbacks into the regulations, you have a good chance of enjoying the full life of the structure. At first, it seems very inviting to build your dream house as close to the beach as possible, but in five years you could find the dream has become a nightmare as high tides and storm tides threaten your investment. The Exception The Coastal Resources Commission recognized that these rules, initially passed in June 1979, might prove a hardship for some property owners. Therefore, they established an exception for lots that cannot meet the setback requirement. The exception allows buildings in front of the current setback, if the following conditions apply: (1) the lot must have been platted as of June 1, 1979, and is not capable of being enlarged by combining with adjoining land under the same ownership; (2) development must be constructed as far back on the property as possible and in no case less than 60 feet landward of the vegetation line; (3) no development can take place on the frontal dune; (4) special construction standards on piling depth and square footage must be met; and (5) all other CAMA, state and local regulations must be met. The exception is not available in the Inlet Hazard Area. To determine eligibility for the exception the Local Permit officer will make these measurements and observations: required setback from vegetation line exception setback (maximum feasible) rear property line setback max. allowable square footage on lowest floor piling length needed to extend 4 feet below MSL 011MIU111 STRWIVIKONADWAUXTIAEII `:'` PRtdtolW etACNPROFILr I'�.'A}x�gIJATM'' IOfT•S701W t1iACNPtiOFN.te 6141HARAFT6�[fOitMIMEACH1lE1UNtflllli After the storm, the house on the dune will be gone. The other house has a much better chance of survival Boot Page 1190 0027 FLED BRUBSVICK COUNTY NC Mr 97 1:Qo PN ROBERT J. ROBINSON Prepared by J. Gates Harris Register Of Deada Post Office Box 128 Red Springs, North Carolina 28377 NORTH CAROLINA 13RUNSVACK COIIN7Y This SPECIAL WARRANTY DEED made as of the 25th day of November, 1997, between W.W. BECK, JR., and wife, MARY A. BECK, Grantor, and TOWN OF LONG BEACH, A NORTH CAROLINA MUNICIPAL CORPORATION, Grantee. WITNESSETH: That said Grantor in consideration of the sum of -Ten Dollars ($10.00) and other valuable considerations to them in hand paid, the receipt of which is hereby acknowledged, have bargaining and sold and by these presents do bargain, sell, and convey unto the Grantee that certain tract or parcel of land lying and being in Brunswick County, North Carolina, and being more particularly described as follows: Being all of Lot Nos. THREE (3), FOUR (4) AND RvE (5), Block 8, : yr Section 1, Long Beach, shown on the map recorded it. Map Book 1, Al' air Pages 96, 97, 98 and 99, Brunswick County Registry. r Thee are the same tracts conveyed by the Deeds recorded in Book 59x- Page 600, Book 565, Page 608, and Book 565, Page 606, Brunswick ,y County Registry. =� This conveyance is also trade subject to the following reservations and RECEIVED C5 exceptions: o O 1. Encroachments, overlaps, boundary line disputes, easements or NOV-2 7 2018 claims of easement, rights of patties in possession, if any, and any other matters that would be disclosed by an accurate survey or icspection of �y® C the premise. 2. Liens for taxes not yet due and payable, if any. RET %,1 f-P TOTAL la" REV_TCJ j4& L l OKI 01 CKALIT2Q!TKf DCM WIEM NIGTON, NC ,-�.- ,. OCT 2 9 2018 3 44gD v a � O— aus0 F vtI o�'L/c[i t 3 f � n F Ot0 Book Pagv 1190 0028 3. Any law, ordinance or government regulation (including but not t limited to building and zoning ordinances, statutes and regulations) that restricts, regulates, or prohibits the occupancy, use or enjoyment of the Property, or regulates the character, dimensions or location of any improvement now or hereafter erected on the premises. 4. All applicable restrictive covenants and utility easements of record, if any, as will appear of the Brunswick County Registry. To HAVE AND TO HOLD the premises and all privileges and appurtenances thereunto belonging unto the Grantee and its successors and assigns, in fee simple forever. AND the Glamor covenant with the Grantee, that the Grantor have not placed or suffered to be placed any presently existing lien or incumbrance on said premises and that it will warrant and defend the title to the same against the lawful claims of all person claiming by, through, under or on account of it, but no further, other than matters set out in this Special Warranty Deed. IN TEMMONY WHEREOF, the Grantor have hereunto set their hands and as of the day and year first above wriuen. JR. MARY 791 _-T-j1 ERNE DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 Z018 1190 0029 NORTH CAROLINA ROBESON COUNTY 1, a Notary Public, certify that W.W. BECK, JR., and MARY A. BwK, personally appeared before me and acknowledged the execution of the foregoing DEED. Witness my hand and official seal this the �_ day o�-3levpmber, 1997.E = 1 Af/BLIC My commission expires: OLWA oA�o BRRUNsSwiccK RECEIVED 7be Foregoing(ormnexed)Ccniamle(s)of-LJ�tl15-C. I,�(,).�-�•er-S - NOV 2 7 2018 =1Notary(ies) Public is (are) Certified to be Correct, -� ,,,s� `. 11trumentwes filed for Registration on ibis �r Dayof 1 )eee A .i�4'CeY1-MHQ CITY in the Book and Page shown on the Fist Page hereof. ROTS J.RODIISONIRegister 6[Deeds— RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00379 County: Brunswick U.S.G.S. Quad: NC- Southport NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Town of Oak Island Attn.: Mr. David Kelly Address: 4601 E. Oak Island Drive Oak Island, NC 28465 Telephone Number: (910) 201-8002 Size (acres) 0.27 Nearest Town Oak Island Nearest Waterway Atlantic Ocean River Basin Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.9096 Longitude:--78.1140 Location description: The proiect area is located at 4905, 4907 and 4909 E. Beach Drive in Oak Island, Brunswick County North Carolina. Parcel ID #s are 249DF012. 249DFOI1, and 249DF010 Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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. RECEIVED ® There are wetlands on the above described project area/property 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 determinaA"Vtl �e2C18 relied upon for a period not to exceed five years from the date of this notification. /� ❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be 26�e1� ��s this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can RECEIVED" rry the Corps. DCM WILMINGTON, NC OCT 2 9 2018 SAW-2018-00379 Ll The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ® The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 8/23/2018. 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. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Mr. Eric Reusch at (910) 251-4631 or Eric.G.Reusch(a).usace.a rmv.mil. C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination form dated 8/23/2018. D. Remarks: 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. 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 IOMl5 Atlanta, Georgia 30303-8801 RECEIVED NOV 2 7 2M FX-kr-MHD CITY 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 the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 10/22/2018. **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; REUSCH.ERIC.GEORGE.1290053966 RECEIVED Date of JD: 8/23/2018 Expiration Date of JD: 8/23/2023 DCM WILMINGTON, NC OCT 2 9 2018 SAW-2018-00379 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 the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f9p=l 36:4:0 RECEIVED NOV 272018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND 612 Applicant: Town of Oak Island. File Number: SAW-2018-00379 Date: 8/23/2018 Attached is: See Section below LJ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter of ermission B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑ I PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http//www.usace.armv.mil'Missions;CivilWorks/Re ug latorvProLramandPermits asi)x or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT ECEIVED NOY 2 % 1018 DCM WILMINUTON, NG r.CWM,HDC"V OCT 29 Z018 REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, ou mav orovide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Mr. Eric Reusch CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room I OM15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Mr. Eric Reusch, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M 15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED NOV 27 �f'aaxir#•� Cfr' RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 VICINITY MAP ATLANTIC OCEAN Nm m TA:NI t6.0' t6.2' ?.Y3� SPOT WATERWARD TOE ATLANTIC OCEAN GROUND ELEVATIONS I7 �_ S 74'29'00" E .EAST BEACH ORNE IRS SO.00' IRS ------------ 312.0' i11.7' AST PELICAN ORE w FIRST LINE OF STAKE IR VEGETATION ORIGED (ELO f OFFICIC A CNIF, AL E BEARING DISTANCE D TO 1 S T5.3t 00 W 34.87 t6.3 2 S I; 00 W W W 40 16.80 p O J N 45'I T,2 11 S 91'122a W 1 21.7e s s 4P11 53 W H.47 I IO 3 S 55135 E 9.65 I b I I 2 I LBW OFFSET FROM (FUSS4n 9 I I O z I r I o'F.uB9r°ATwtz � — A n WLI I � I � I I I I t6.s• CERTIFIES THAT THIS COPY OF THIS PUT ACCURATELY DEPICTS BOUNDARY OF THE JURISOCTION OF SECTION 404 OF ME }e.0 1 RS N WATER ACT AS DETERMINED BY THE UNOERSGNED ON M5 . UNLESS MERE IS A CHANGE IN THE LAW OR OUR PUBLISHED s*6.5, maa ILATIONS• THE DETERMINATION OF SECTION 404 JURISDICTION BE REUED UPON FOR A PERIOD NCT TO EXCEED FIVE (5) A A S FROM THIS DATE THE UNDERSIGNED COMPIETEO THIS 4. RMINATION UTIULNG ME APPROPRIATE REGIONAL SUPPLEMENT t&X F 47J' f7.0' O HE 1967 U. S. ARMY CORPS OF ENGINEERS WETLANDS 60' PUBLIC RIGHT—OF—WAY IEATION MANUAL. REUSCN.ERK.GEORGE.1 7. �^ 4905 l 9 0 5 EAST BEACH DRIVE 1ATORY OFFICIAL'290053965 ............... i ACTION W NO: LEGEND(s USED) SEAL L-3586 NOTE: MIS PROPERTY UES WITHIN THE CAMA OCEAN ERODIBLE AREA OF ENWRONMENTAL CONCERN. RI 7 AN"ENT AGENCY ' MANHOLE SETBACKS CtE—UT iRONf. 1S' ,ENOY MANAGEMEM Ij qOE. 6'. C�10' LANCE RATE MAP RGVi� 20' GRAPHIC SCALE 15 0 7.9 IS 00 I RC TAX PARCEL 0 249DF012 tt.00p vnnE I. THIS PROPERLYRTY UE LIES WITHIN A F.EMA SPECIAL , AREA 404 WETLAND SURVEY A$ SHOWN ON F.I.R.Y. 37z0206SODJ, DATED S/2/2008 TEC, 0 VE-17, W-19NOTES: GENERAL NOTES: 1. MEASUREMENTS ON THIS AMP ARE IN FEET AND DECIMALS THEREOF. FOR: TOWN OF LONG BEACH 2 ALL SET CORNERS ARE I/2- IRON RESM UNLESS OTHERWISE NOTED. 3. TINS PROPERTY MAY BE SUBJECT TO ADDITIONAL EASEL . RgH15 OF WAYS AND RESTRICTIONS LOT 3 HOT DISCERNIBLE BY OBSERVATION AT ME TIME OF SURVEY OR THAT MAY BE OF RECORD. NO TITS SEARCH BY THOMA BLOCK 6, SECTION 1 S D. VON CANON. REFERENCES: LONG BEACH 1. PUT OF LONG BEACH, SECTION 6, RECORDED IN IMP CABINET 1, OAK ISLAND, SMITHVILLE TOWNSHIP r)O PAGE //1SNORTHIN ME BRUNSWICK COUNTY. N CAROUNA REGISTER OF BRUNSWICK COUNTY, NORTH CAROLINA 2. DEED BOOK 1190. PAGE 27, RECORDED IN ME BRUNSWICK COUNTY, NORM CARO➢U REQSTER OF DEEDS, MIS IS TO CERTIFY THAT ON MARCH N. 2018. 1 SURVErCD ME VCS LFL CO., INC. C-2160 PROPERTY SHOWN ON MIS FLAT, AND THAT TTHE3TTIF ONES AHD THE 1 YAUPON WAY WALLS OF THE SUILDiNCS, IF ANY, AgLg11pWN HEREON. THE AREA OF THIS PIK)PERTY 72 ACRES CILCUUTEO By/COORDINATE V C S OAK ISLAND, NC c0uourATwN +�� �'enRpgy� [nFux rs ,:,n.Voo. — TELE. (704) 361-1557 swum DUGS`' V EMAIL vcsbmnsco0ec.rr.com 1110MA5 0. 40N N L-OSBB - A B " RECEIVED NOV 27 11 RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 VICINITY MAP ATLANTIC OCEAN MDT R1 SONIT NOTE THIS PROPERTY LIES WITHIN THE CA.MA OCEAN ERODIBLE AREA OF E3BBG3BE f6,0' ATLANTIC OCEAN ENVIRONMENTAL CONCERN. 5.6'f WATERWARD TOE IRS S 74'29'00" E 50.00' IRS H DRIVE I W EAST f+El1CAH DRIVE �, I FIRST LINE OF STABLE V1 yEOT A1TER1,( I OFFlUL SWING I DISTANCE S ,5'31'00 W 1 34.87 I 6.2'* S 15.31 00 W 41.40 N 73'1642 W 10.44 N 63.56 22 W 19.82 I N 66'5235 W 20.26 I S S 15'31.00 W 30.40' N S075 55 W 16.74' I O S 80'2019 W 28.04 N S 78'4223 E 9.34 1 N ,5'31 00 E ,6.03 F - Iw' OFFSET FROM I r..._ o I O I I O I I I 1� I-VECETRTIONLIA�bi n i.iGROUND T ELEVATIONS I g I 5.1'f 'ERPFIES THAT NIS COPIf OF THIS PUT ACCURATELY DEPICTS 73•f OUNDARY OF THE JURISDICTION OF SECTION 404 OF THE WATER ACT AS DETERMINED BY ME UNDERSIGNED ON THIS UNLESS MERE IS A CHANGE IN THE LAW OR OUR PUBLISHED IDS ATIONS. ME DETERMINATION OF SECTION 404 JURISDICTION 6.03 E RELIED UPON FOR A PERIOD NOT TO EXCEED ME (5) FROM THIS DATE. ME UNDERSIGNED COMPLETED MIS NINAIMN UTILIZING ME APPROPRIATE REGIONAL SUPPLEMENT E 19B7 U. S. ARMY CORPS OF ENGINEERS WETLANDS MANUAL _. 4907 xEUSCH.ERIC.GEOflGE. OFFICIAL 1290053966 ACTION 10 NO: LEGEND(IF USED) f 12.0' — .2 UK t6.3' O s b b -t1 ---- Q LAEHEM �� D HIAREA 13se.e S0. FEET j 3 S UL W _ L ` WL5 0 M in J MO 0 J N 15' MBL 3 _ R O HE fB.O' sm ,"6 u.0 s6.E cP. J EAST BEACH DRIVE 60' PUBLIC RIGHT-OF-WAY a!EA �cL1T' TW0DH ENTRANCE ZONINGGRAPHIC SCALE TRAN-TRANSFORMER M-CAHLE PEDESTALPEDESTAL SSMHCNAA-SSANR�ASEEWER I�WNHOILEAGENCY 1 NCH ..10 FF£T SSCO.SANIT R SEWER CLEANOINF.EM.A.-FEDERAL EMERGENGT MANAGEMENT AGENCY RFAR. 20 TAX PARCEL # 249DFOI t USACM.- FEDERAL ORF tNCE RATE MAP - D6ALEW1$ ARMY COIF ENfJNffR< FLOOD cERRHCATION: 1. THIS PROPERTY LIES WITHIN A F.EWA SPECML FLOOD HA2AR0 MCA LOT SURVEY VE-17. VE-19As SHOWN ON F.I.R.M. 3no2065O07J. DATED 5/2/2006, GENERAL NOTES: I. YFASUREIEHTS ON MIS W ARE N FEET AND DECIMus RNEREO. FOR: TOWN OF OAK ISLAND 2. ALL SET CORNERS ARE 1/2' IRON RMAR UNLESS OTHERWISE NOTED. 3. MIS PROPERTY MAY BE SUBJECT TO ADDITIONAL EASEMENTS, RIGHTS OF WAYS AND RESTRICTIONS NOT DISCERNIBLE BY OBSERVATION AT THE LOT 4 TIME OF SURVEY OR THAT MAY BE OF RECORD. NO TIRE SEARCH BY THOMAS D. VON CANON. BLOCK 6, SECTION 1 REFERENCES: LONG BEACH D. 1. PUT OF LONG BEAON. SECTION e, RECORDED IN MM CAGINET 1. PAGE 96-99 ON 3 1711039 IN ME BRUNSWICK COUNTY, NORM CAROLI OAK ISLAND, SMITHVILLE TOWNSHIP REGISTER OF BRUNSWICK COUNTY, NORTH CAROLINA 2. DEED BOOK 1190. PACE 27. RECORDED IN ME BRUNSWICK COUNTY, NORM CAROLINA REGISTER O DEEDS. NIS IS TO CERTIFY TINT ON MARCH STH, 2018, 1 SUTiYE➢ T11E VCS & CO., INC. C-2160 PROPERTY SHOWN ON NIS PLAT, AND THAT ME TIRE LINES AND MEts7 1 YAUPON WAY WALLS O ME BUILDINGS, IF ANY, ME SHOWNLIEEBEOI THE AREA OF MIS PROPERTY IS 0.1 2 ACRES AS eMXrto BY OORDINATE OAK ISUWD, NC LAND c011PIRATON ANp *NE OF q uRE IS 1,10a0.SIGNED TELL. 361-1557 EMAIL vcsbrunsco0ec.rr.com CANON L-3586 ;aECEIVED NOV 2 7 l CITY RECEIVED DCM WILMINGTON, NC OCT 29 ZoI8 VICINITY MAP NmWP ATLANTIC OCEAN S FAsr a cH DR i— ATLANTIC OCEAN ?Its SPOT GROUND ss't 5.8't ELEVATIONS S 74.29'00" E I I I I I 0 r I I OI I L I I I .g I I ,,�ATl�oa uNe �I I 41S CERTIFIES TUT MIS COPY OF THIS PLAT ACCURATELY DEPICTS HE BOUNDARY OF ME JURISDICTION OF SECTION 404 OF ME LEAN WATER ACT AS DETERMINED RY ME UNDERSIGNED ON MIS ALE. UNLESS THERE IS A CHANGE IN ME LAW OR OUR PUBLISHED EGULATIONS, THE DETERMINATION OF SECTION 404 JURISDICTION AT BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) EARS FROM THIS DATE. THE UNOERSTCNEO COMPLETED MIS ETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT D ME_1967 U. S. ARMY CORPS OF ENOINEERS WEMN°5 - I----�A -MBL VEGEYATIONTFLpS FLAGGED BY A CAMA OFFICk WAR T 2 Q H O F o UPLAND r-. AO 00' OFFSE7 ((ROSY NET LAND MO, W3 257.9 S0, FEEL L. p �, 4 O a N 11Y N m 31 33 5.5't wA WARD TOE 5.' 5.9't _- UNE 7.: IRS a IX] `� = DW TD EOAR o n 50.00 N 74'29'00" W REUSCH.ERIC.GEO a..a. .. 4909 EAST BEACH DRIVE OFFICIAL- RGE.1290053966 •^ 60' PUBLIC RIGHT—OF—WAY ACTION N NO: SEAL L-3586 LEGEND (IF U5E0) SILT NOTE: THIS PROPERTY LIES WITHIN ME CA.M,A OCEAN ERODIBLE AREA OF ENVIRONMENT& CONCERN. ZONING GRAPHIC SCALE M 0 7.5 15 w R-7 Q.® AGENCY 1 RICH . 30 FEET SETBACKS FRONT. IS' IGEMENT SIDE. 6', C.10' MAP REAR- 20TAX PARCEL it 249OF010 FLOOD CERTFIGATKIN: I. THIS PROPERTY LIES WITHIN A F.E.MA SPECK FLOOD HAZARD AREA VI:-17, VE-19 AS SHOWN ON F.I.R.M. 37202085007J. DATED 6/2/200B. MERAL NOTES: 1. MEASUREMENTS ON THIS MAP ARE IN FEET AND DECIMALS THEREOF. 2. ALL SET CORNERS ME 1/2- WON REBM UNLESS OMERWME NOTED. 3. THIS PROPERTY MAY BE SUBJECT TO MDNIONAL EASEMENTS. RIGHTS OF WAYS AND RESTRICTIONS NOT DISCERNIBLE BY OBSERVATION AT THE TIME OF SURVEY OR THAT MAY BE OF RECORD. NO TIRE SEARCH BY AROMAS 0. VON CANON. REFERENCES'. 1. PUT OF LONG BEACK SECTION 8, RECORDED IN MAP CABINET 1, PAGE 96-09 ON 3/17/19M IN ME BRUNSWICK COUNTY, NORTH CAROUNA REGISTER OF DEEDS. 2. DEED BOOK 1190. PAGE 27. RECORDED IN ME BRUNSWICK COUNTY, NORM CAROUNA REGISTER OF DEEDS. ME IS TO CERTIFY THAT ON MARCH M. 2018. 1 SURVEYED ME PROPERTY SHOWN ON MI5 PUT. AND THAT ME TIRE LINES AND ME WALLS OF ME BUBDINGS. IF ANY, ME SHOWN HEREON. ME AREA OF MIS PRDPERTV IS 0.1] ACRES AS U1ATE0 BY COORDINATE COMPUTATgirN�DCWSUMIS tae,ae9. SIGNED ram' AROMAS D. VON CANON L-JM6 LOT SURVEY FOR: TOWN OF OAK ISLAN� RECEIVED LOT 5 BLOCKLONG BEACH SECTION 1 NOV 2 7 2018 OAK ISLAND, SMITHVILLE TOWNSHIP BRUNSWICK COUNTY, NORTH CAROLINA_- tsVCS k CO., INC. C-2160 1 YAUPON WAY OAK ISLAND, NCTELE. (704) 361-15S7 EMAIL vcsbrunsco®ec.rr.com ary DCM WECEIVED ILMINGTON, NI OCT 29 2018 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL (JD): August 23, 2018 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District-WFO, 4905, 4907, 4909 E. Beach Dr., SAW-2018- 00379 C. PROJECT LOCATION AND BACKGROUND INFORMATION: Smte:NC County/parish/borough: Brunswick City: Oak Island Center coordinates of site (lat/long in degree decimal format): Lat. 33.90960 N, Long.-78.1141 a W. Universal Transverse Mercator: Name of nearest waterbody: Atlantic Ocean Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Atlantic Ocean Name of watershed or Hydrologic Unit Code (HUC): 03020106 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination: Date: ® Field Determination. Date(s): 2/232018 SECTION If: SUMMARY OF FINDINGS A. BHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required) ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (¢beck all that apply):' ❑ TNWs, including territorial seas Wetlands adjacent to TNWs ❑ Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments ofjurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet: width (ft) and/or acres. Wetlands: 0.04 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OH WM (if known): RECEIVED NOV 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2'9 2018 2. Non -regulated waters/wetlands (check if applicable):' ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be notjurisdictional. Explain: 'Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally' (e.g., typically 3 months). r Supporting documentation is presented in Section Ill. F. Identify flow route to TNW°: Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick. List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of mn/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: kick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ ❑ changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list): ❑ Discontinuous OHWM.r Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): RECEIVED (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed chain Explain: UUGcflh18 Identify specific pollutants, if known: DCM-MHD CITY 'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. RECEIVED rlbid. DCM WILMINGTON, NC OCT 2 9 2018 (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for. ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that Bow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve w state boundaries. Explain: (b) General Flow Relationshio with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adiacencv Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by bemdbarrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for. ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: RECEIVED 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. NOV 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 9 2018 Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus arejurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates forjurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they am adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates forjurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters? As a general role, the impoundment of ajurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):to El which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. RECEIVED which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: El Other factors. Explain: NOV 2 7 Mr� , Identify water body and summarize rationale supporting determination: 'See Footnote N 3 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. n Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Aci Jurisdiction Following Rapanos. RECEIVED DCM WILMINGTON. NC OCT 2 9 2018