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83-23 James, Tracey
Permit Class Permit Number NEW 83-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission i crmit for X Major D,velopment in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Tracy James, 7 Fairway Ridge. Clover, SC 29710 Authorizing development in Brunswick County at adj.to feeder canal, at 124 Sanford St. in Holden Beach , as requested in the permittee's application revised 6/20/23 (MP-1, MP-2, MP- 4), including work plan drawings (3) Sheet 1 of 3 dated 1/24/23, and Sheets 2-3 of 3 revised 6/20/23. This permit, issued on August 4, 2023 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to civil or criminal penalties; or may cause the permit to be null and void. Docking Facility Reconfiguration 1) This permit authorizes the partial removal and replacement of the existing access walkway, as expressly and specifically set forth in the permit application.No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for no more than 2 formalized boat slips. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. //74"/t4e."( Any maintenance work or project modification not covered hereunder requires further Division approval. For Braxton C. Davis, Director All work must cease when the permit expires on Division of Coastal Management August 4,2028 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 Management Program. Signature of Permittee aaaaoo a s aaaaaaaaaaa a s aao a a a a as aaaa a,aaaa,aa - Tracy James Permit No. 83-23 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Shoreline Stabilization—Bulkhead 8) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 9) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 10) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 11) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 12) The bulkhead shall be constructed prior to any backfilling activities. 13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 14) This permit does not authorize any excavation waterward of the approved alignment. 15) The fill material shall be clean and free of any pollutants except in trace quantities. 16) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. eeeeoo0000ee00,Yee-0ee60eeeeee900ke00:4,4""'--..-.-,9 -...`.. ." "e .. a. c Tracy James Permit No. 83-23 Page 3 of 3 ADDITIONAL CONDITIONS 17) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 18) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 19) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 20) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 21) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 22) 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. 23) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 24) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 and Nationwide Permit 3 (Action ID SAW-2023-00628). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 6034 and assigned the project DWR Project No. 20230406. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at(910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of$400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Tracy James COUNTY:Brunswick PROJECT NAME:James Bulkhead& Docking Facility LOCATION OF PROJECT: 124 Sanford St.,canal adj. to AIWW,Holden Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-9-23 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Amico DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400(60/40) #1147 APPLICATION ASSIGNED TO:Luck PUBLIC NOTICE REC'D: 3-20-23 END OF NOTICE DATE: 4-10-23 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 5-23-23 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 3-16-23 STATE DUE DATE: 4-10-23 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM—Field Rep � l t1 k (�v+1 � .W(Y 1\ U0--c—) DCM—LUP Consistency Determination `G' Local Permit Officer Corps of Engineers—Regulatory Branch 71/1./ 9_56 NL.l3 2-0 2 7 -oc z DWR—401 Section 0 Z� � � X )�aC� doh y � Z 7oyo6 DWR Public Water Supply v' DEMLR—Stormwater DEMLR—Sed and Erosion DOA—State Property Office Wildlife Resources Commission 1117 7- X AI'. 7,1 4-CL'gt1 DMF—Shellfish Section 31 Z t X , Wo• DMF—Habitat& Enhancement (p/i `�/I vniw;m,Zt bvM 4 C i ') DNCR—Archives& History rJ'1 DNCR—Natural Heritage Program / NCDOT NC Dept of Commerce 3/to x vo FAQ DCM Coordinator: Cameron Luck County: Permit#: 1/ WIRO E-MAIL DISTRIBUTION SHEET Circle o e: Bio Report Permit for: iYa 0} t)VVU(2 Oversize P : DCM Offices: Morehead City: PT(if oversize) via Courier *cc Cam &Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet *MHC documents (Cam &Amanda) Wilmington: Original hard-copy ONLY USACE& DWR(Wiro): Split Sheet Fee Chart(No recommendations) USACE Wilmington: r(Pender& Carteret Co): PN, CL, Reports, Split Sheet use both mingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet s,eg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: olley Snider-401 (BR/NH): PN, CL, Reports, Split Sheet 1 (PN/ON —Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: v�heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Caroline Baker: PN, CL, Reports, SplitSheet chael Meilinger(training with Holley—send all until further notice) Marine Fisheries: ✓Kim Harding DCM Planner/WiRO: ✓Mike Christenbury Cultural Resources: v//enee Gledhill-Earley Environmental.Review(a�ncdenr.gov_ Natural Heritage Prog. .Rodney Butler DCA-Rural Eco. Dev: /ee Padrick (IpadrickCa�commerce.nc.gov) NC DOT: David Harris Wildlife Resources: ✓Maria Dunn w/Reports State Property Office: T m Walton: DEED e Moser //anda Hilliard, Real Property Agent(Bio Reports only) Shellfish Sanitation: ✓ remy Humphrey(Bio)/Shannon Jenkins(Pt) tAndrew Haines_ DEMLR: ristine Hall- Stormwater Section Dan Sams- Land Quality Section Public Water Supply: ‘- Heidi Cox City of Wilmington: ,/ w Enforcement: Field Rep: Vo-okvi Co. LPO Agent: DISTRIBUTED: 47 \IV Updated 03-2023 CAMA/Shaun majors docs/e Agency List Recommendations for State Permit- 124 Sanford Street Holden Beach- March 14 2023 It is the staff's recommendation that the applicant's proposal to install approximately 50 linear ft. of bulkhead 5' waterward of the existing bulkhead with 10' return walls,resulting in the filling of approximately 250 ft2 of Coastal Wetlands below NHW is potentially CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d)Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules of 15 NCAC 7H.0208 (b)(7)Use Standards for Bulkheads. It would seem that removal of the existing dilapidated bulkhead and construction of the new bulkhead on the landward side of coastal wetlands would present a greater environmental risk with potential erosion and washout during the construction process as well as pose a possible threat to the foundation of the existing house, as stated in the narrative. The neighboring property to the south is also submitting a separate CAMA Major Permit application for a similar bulkhead replacement and alignment. This office would recommend a permit condition stating that the docking facility should remain in the current location regardless of a new wall alignment to preserve the pier headline and navigation as the canal narrows. The proposed docking facility reconfiguration would not result in an increase in slips, remaining at two existing slips. As proposed,the project would be CONSISTENT with the use standards set forth in NCAC 07H .0208, including the docking facility length limitations, the eight square-foot shading rule. The proposed constructed features would not encroach into the 15ft. riparian setback for either adjacent riparian property. As proposed, this office has no objections to the proposed docking facility reconfiguration. As proposed, this office has no objections to the proposed bulkhead replacement as long as the other reviewing resource agencies do not have serious objections to the alignment of the proposed bulkhead. DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C127DC78 ROY COOPER ` Governor ELIZABETH S.BISER 4,01.r. �F Secretary '�aWwv� RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality July 3, 2023 DWR#20230406 Brunswick County Tracy and Thomas James 7 Fairway Rdg. Clover, SC 29710 Delivered via email to: thomasdjames@email.com Subject: Approval of Individual 401 Water Quality Certification RECEIVED 124 Sanford Street—AIWW—Holden Beach USACE Action ID. No. SAW-2023-00628 JUL 0 5 2023 Dear Mrs.James: MP SECTION DCM MHD CITY Attached hereto is a copy of Certification No. WQC006034 issued to Tracy and Thomas James, dated July 3, 2023.This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal,State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license,or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials,the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Q5191o2rtNhoCrtahroslianlaisbDuerypasrttmreeentt1of1617EnvironMamilentalServiceQualityCenterII DiRvaisionleighofNWaterorthCResourcesarolina 27699-1617 oi...iter„i,r„„e11�� 919.707.9000 DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C127DC78 124 Sanford Street DWR#2023-0406 Individual Certification#WQC006034 Page 2 of 11 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours(or the next business day if a weekend or holiday)from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings(OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.corn/or by calling the OAH Clerk's Office at (919)431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel RECEIVED Department of Environmental Quality 1601 Mail Service Center JUL 5 Z�23 Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipif trbN Certification in accordance with N.C.G.S 150B-23(a). CITy This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Michael Meilinger at 910-796-7341 or michael.meilinger@deq.nc.gov if you have any questions or concerns. Sincerely, EDocuSigned by: oull4 SA...dal 1(.41 E3ABA14AC7DC434... Morella Sanchez-King, Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ North na Environmental Quality I Division of Water Resources 512 NorthCaroli SalisburyDepartment Street 1of1617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH C.04inm.antli O� 919 707 9000 DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C127DC78 124 Sanford Street DWR#2023-0406 Individual Certification#WQC006034 Page 3 of 11 Electronic cc: Ben Brink Consultant,via email USACE Wilmington Regulatory Field Office, Greg Currey via email Gregg Bodnar and Cameron Luck, DCM Morehead City office via email Amanda Cannon, DCM Morehead City office via email Tanya Pietila, DCM Wilmington Office via email Patrick Amico, DCM Wilmington Office via email Todd Bowers, EPA via email DWR 401& Buffer Permitting Branch Electronic file Filename: 20230406_124 Sanford Street_BrunswickCo._July23.docx RECEIVED JUL 0 5 29?3 MP SECTION DCM MHD CITY Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I1617 Mail Service Center I Raleigh,North Carolina 27699-1617 NOR,I c..n.1', One w WO 919.707.9000 DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C 127DC78 124 Sanford Street DWR#2023-0406 Individual Certification#WQC006034 Page 4 of 11 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION#WQC006034 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 1SA NCAC 02B .0200,to Tracy and Thomas James,who have authorization for the impacts listed below,as described within your application received by the N.C. Division of Water Resources, (Division)on March 16, 2023 and subsequent information on May 25, 2023 and June 20, 2023, and by Public Notice issued by the Division of Coastal Management on March 20, 2023. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application,the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved Plan Location or (units) Permanent (units)Temporary Reference 404/401 Wetlands Coastal Wetland Fill for 0.0023 (acres) N/A CAMA permit Bulkhead Construction (All of 100 square feet) application and additional information received 6'RIVED This approval requires you to follow the conditions listed in the certification below. JUL 0 5 2023. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: MP SECTION DCM MHD CITY 1. The Permittee shall adhere to 15A NCAC 02B.0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area,which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (I) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions,the existing turbidity level shall not be increased. Citation:15A NCAC 028.0221 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule[including, at minimum:aquatic life propagation, survival, and maintenance of biological integrity(including fishing,fish, and Primary Nursery Areas(PNAs)), wildlife, and secondary contact recreation];and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. If activities must occur during periods of high biological activity(e.g. sea turtle nesting,fish spawning, or bird nesting),then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. _E .® North 512North CaroSalislina bDepartmentStreet 1 of1617 Environmental ice QualityCenter I I Division leigh,of Nort WaterhC Resourcesaro ury lina 27699-1617 ym�.�' a�� 919.707.9000 DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C127DC78 124 Sanford Street DWR#2023-0406 Individual Certification#WQC006034 Page 5 of 11 All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS)shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Citation:15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 046.0125 Justification:In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule(including, at minimum:aquatic life propagation,survival, and maintenance of biological integrity, wildlife,secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. All bulkhead backfill material shall be obtained from a high ground source and confined landward of the permitted bulkhead. The permitted bulkhead is authorized a maximum of 2 feet waterward of the existing bulkhead, normal high water. Citation: 15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506(b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's an tide gradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. All bulkhead backfill will consist of clean, earthen material free of any pollutants except irR CEIVED quantities. Metal products, organic materials, rock,concrete,bricks,or other non-earthen debris shall not be used. JUL 0 5 2023 Citation:15A NCAC 02H.0506-(b)(1)-(3) MP SECTION DCM MHD CITY Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards(including designated uses, numeric criteria, narrative criteria and the state's an tide gradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 5. Concrete construction materials used for bulkhead components,such as deadman anchors,tie-back systems and concrete caps,shall be managed in a manner that prevents contact with waters of the State. A dry work area shall be maintained to prevent direct contact between curing concrete and Q, North512North Carolina lisb DepartmenturyStreet o1 f Environmental QualityCenter I Division of Water Resourclina 27es ice I leigh,North Caro699-1617 ==.* \ ""/ 919.707.9000 DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C127DC78 124 Sanford Street DWR#2023-0406 Individual Certification#WQC006034 Page 6 of 11 adjacent surface water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured, treated, and disposed of properly. Citation:15A 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200;15A NCAC 0213.0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances,or colored or other wastes:only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards:(2)Floating or submerged debris, oil, deleterious substances, or other material shall not be present in amounts that cause adverse impacts on existing wetland uses. 6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. RE o�CI V CD 7. No waste,spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint the approved impacts (including temporary impacts). JUL 4 5 Citation: 15A NCAC 02H.0506;15A NCAC 02H.0507(c) MP SECTIONJustification:Surface water quality standards require that conditions of waters be suitable�t4all MHD CCTV best uses provided for in state rule(including, at minimum:aquatic life propagation, survival, and maintenance of biological integrity;wildlife;secondary contact recreation;agriculture);and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 8. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual,or for linear transportation projects,the North Caroline Department of Transportation Sediment and Erosion Control Manual. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I I6I7 Mail Service Center I Raleigh,North Carolina 27699-16 1 7 NoFmic —E oo.m..c a'�.n....ew ou.e� 9197079000 DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C 127DC78 124 Sanford Street DWR#2023-0406 Individual Certification#WQC006034 Page 7 of 11 All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites,the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),SA,WS-I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW),then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCACO2B.0200;15A NCAC 02B .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards:(12)Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses;and (21)turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not designated as trout waters and 10 NTU in streams,lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existi•. wetland uses;and(3)Materials producing color or odor shall not be present in amounts ' C IVED cause adverse impacts on existing wetland uses. Jul - 9. Sediment and erosion control measures shall not be installed in wetland or waters except i hi 1 ,' -O 3 the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas,then placement of such measures shall not be c ct�IgNION a manner that results in dis-equilibrium of any wetlands, streambeds,or streambanks. Any silt►UHD CITY fence installed within wetlands shall be removed from wetlands and the natural grade restored within two(2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0200;15A NCAC 02B .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils, Q. North512North Carolina Salisb DepartmenturyStreet 1 of Env1617ironMailmentalSery Quality I Division of WaterNorthC Resourcesarolina .•••//// ice 27699-1617 voRni _E apwwrw m; 919.707.9000 DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C127DC78 124 Sanford Street DWR#2023-0406 Individual Certification#WQC006034 Page 8 of 11 deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses;and (21)turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU)in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses(including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000,full compliance with permit conditions including the erosion &sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. ��(�� Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200;15A NCAL�0r9►I VED .0231 JUL. „ ^i;;; Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollutliiPt§et,rlON precludes any best use on a short-term or long-term basis. As cited in Stream Standards.t2)r 4b CJTy deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses;and (21)turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. D E Q J/ North Carolina Department of Environmental Quality I Division of Water Resources �® 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 y. �' ' � .; .� 9197079000 DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C127DC78 124 Sanford Street DWR#2023-0406 Individual Certification#WQC006034 Page 9 of 11 12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200;I5A NCAC 028.0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent,to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200;15A NCAC 028 .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards:(12)Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation, or to aquatic life and wildlife, or ad affect the palatability of fish, aesthetic quality, or impair the waters for any designated usA.MUEIVED cited in Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials prod/#ing 5 .), color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 0CMP SEc.ov 14. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken oo CITY minimize soil disturbance and compaction. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c); 15A NCAC 028.0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected;populations of wetland flora and fauna are maintained to protect biological integrity of the wetland;and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 4. N Cli Department of Environm Q I vises v�� 512orth Northaro Salisbury Street 11617 Mail Service uality Center I Di Raleionigh,of NorthWater CaroliResourcna 27699-1617 E ye„�a �� 919.707.9000 DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C127DC78 124 Sanford Street DWR#2023-0406 Individual Certification#WQC006034 Page 10 of 11 15. In accordance with 143-215.85(b),the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters;any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H.0507(c);N.C.G.S 143-215.85(b) Justification: Person(s)owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters.Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:aquatic life propagation,survival, and maintenance of biological integrity; wildlife;secondary contact recreation;agriculture);and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 16. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 17. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation:15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification: Those actually performing the work should be aware of the requirements ifieAO,L/U Water Quality Certification to minimize water quality impacts. r/,� l�C ED This approval to proceed with your proposed impacts or to conduct impacts to waters as depitit`al ii60 5 your application shall expire upon expiration of the CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration datcUMRiSECp'CN Certification. [15A NCAC 02H .0507(c)] 'HD CITY f D_E �J/ North Carolina Department of viml Quality I Divioes // 512 North Salisbury Street 1161En 7 Mailron Serviceenta Center I Raisleigh,nof NorthWater CaroResourclina 27699-1617 tint. cn ....doa V 919.707.9000 DocuSign Envelope ID:2E2A4EC6-B92A-44FA-AE6C-8673C127DC78 124 Sanford Street DWR#2023-0406 Individual Certification#WQC006034 Page 11 of 11 This,the 3th day of July 2023 c—DocuSigned by: Maul&544.611 1&41 '—E3ABA14AC7DC434... Morella Sanchez-King, Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ MSK/mm liCe D Jut D tti ?. fi4P M DCM ON HD Coy North Carolina Department of Environmental Quality I Division of Water Resources ����'���"'JJJ))))) 512 North Salisbury Street 11617 Mail Service Center I Raleigh North Carolina 27699-1617 D_E bow..at 6.traemental ClettitoNsitel" 919.707.9000 MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Tracy James - Holden Beach, Brunswick County Date: August 4, 2023 Consistency: This project is consistent with the Town of Holden Beach Land Use Plan update. The applicant proposes to replace approximately 50 linear feet of bulkhead in a new alignment 5 ft. waterward of the existing bulkhead,resulting in the filling of approximately 250 sq. ft. of coastal wetlands, and to reconfigure and rebuild an existing docking facility within a feeder canal to the AIWW. The project is located at 124 Sanford Street in Holden Beach, Brunswick County. Areas of Environmental Concern(AEC's) impacted by the proposal are PTA, ES, EW and CW. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Holden Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted are classified as Conservation. In general,the Town of Holden Beach allows development in Residential and Conservation classified AECs, which is consistent with the State's minimum use standards. The Town of Holden Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Holden Beach Land nnCC .IVED RECEIVED Cc: File A1''' 0 AUG 04 2023 MP SECTION MP SECTION DCM MHD CITY DCM MHD CRY ROY COOPER `` q■�j Governor �y +" t ELIZABETH S.BISER ;-4,;.; =-'' Secretory +_ BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 16, 2023 (.23.03• tio. 0 t MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330(Courier 11-12-09) cameron.luckgNCDENR.gov SUBJECT: CAMA/D & F Applicant: Tracy James Project Location: 124 Sanford Street, adj. to feeder canal/AIWW, Holden Beach, Brunswick County Proposed Project: The applicant proposes to replace approx. 50 linear feet of bulkhead in a new alignment 5'waterward of the existing bulkhead, resulting in the filling of approx. 250sqft of Coastal Wetlands, and to reconfigure and rebuild an existing two (2) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by April 10, 2023. If you have any questions regarding the proposed project, contact Patrick Amico 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. cn4 i t�,tr)nt4T f rr a." -t�rc� PRINT NAME AGENCY 1\16rJ jZL SIGNATURE .. � • DATE 'j- 2.?-2J13 D -4 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington.North Carolina 28405 b.wLu.r . 4,ri4 / 910.796,1715 • North Carolina Wildlife Resources Commission n Cameron Ingram, Executive Director MEMORANDUM TO: Cameron Luck Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T.Dunn,Coastal Coordinator Habitat Conservation Division DATE: April 27,2023 SUBJECT: CAMA Dredge/Fill Permit Application for Tracy James.,Brunswick County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 124 Sanford Street adjacent to the AIWW in Holden Beach,NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128),as amended, Sections 401 and 404 of the Clean Water Act,as amended,the Endangered Species Act of 1973,as amended(16 U.S.C. 1531 et seq.).the Fish and Wildlife Coordination Act(48 Stat.401,as amended; 16 U.S.C. 661 et seq.),the Magnuson-Stevens Fishery Conservation and Management Act(FCMA),as amended(16 U.S.C. 1801 et seq.),and the Migratory Bird Treaty Act(16 U.S.C. 703-712 et seq.). The applicant proposes to construct a replacement 50'bulkhead alignment+5'waterward the existing structure.The existing bulkhead is failing with the house foundation located approximately 5' from the structure.This alignment will fill 250 ft2 of coastal wetlands.In addition to the bulkhead,the applicant proposes to remove the existing walkway and construct a new 15'by 6'pier in the center of the property extending from the new bulkhead alignment.On the south side of the pier terminus,a fixed 8'by 8' platform would be constructed,moving the existing floating dock pilings from the sides of the existing floating dock to the landward side of the existing floating dock.The slip locations remain essentially the same.The AIWW at this location is classified SA by the Environmental Management Commission. The NCWRC has reviewed the permit application and requests the alignment of the bulkhead be moved closer to the existing bulkhead as much as possible.Extending the alignment+2' from the existing would increase the area to maneuver and set tie-backs while minimizing fill to coastal wetlands.This alignment is more similar to adjacent properties,likely minimizing energy deflection and impacts to coastal wetlands adjacent the face of the vertical structures along the shorelines. It is likely erosion may occur Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 Page 2 along the corners of the new alignment where it meets adjacent. Our agency is also concerned of the cumulative effects a+5' alignment may have as other individuals who need bulkhead replacements request the more generous allowance. The+2' allowance would still provide distance for the 10' return walls and tie-backs greater than 10'. The reduction of coastal wetland fill would lessen impacts to aquatic habitats and allow more wetland area for filtration. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information,please contact me at(252)495-5554 or at maria.dunn(u:,ncwildlifc.org U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT . Action Id. SAW-2023-00628 County: Brunswick County U.S.G.S. Quad: Holden Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Tracy & Thomas James RECEIVED Address: 7 Fairway Ridge JUL 1 4 2023 Clover, SC 29710 MP SECTION Telephone Number: 803-517-8043 DCM MHD CITY - • Size (acres) Nearest Town Holden Beach Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.91356. Longitude: -78.29375 Location description: The site is located in a Holden Beach canal connected to the AIWW at 124 Sanford Street, Holden Beach, Brunswick County, North Carolina. Description of projects area and activity: The proposal is to install a new 50 linear feet bulkhead 2 feet waterward of the existing failing bulkhead. The new bulkhead will fill approximately 100 square feet of coastal wetlands. Furthermore, the proposal is to modify the existing docking facility by relocating and constructing a 6 feet by 15 feet pier or access walkway and reconstructing an 8 feet by 8 feet fixed platform. Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344); • X Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number 56 and Nationwide Permit Number 3 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.p SEE ATTACHED RGP and NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated January 24 and June 20, 2023. 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 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal • Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or Gregory.E.Currey usace.army.mil. CURREY.GREGORY.E DtURREY.GREGORY.EUGENE.10510 U G E N E.105101 1950 D'195° Corps Regulatory Official: a1e:2°z3.°'.,4,6:3z:�-°�°° Date: July 14, 2023 Expiration Date of Verification: NWP-3 March 14, 2026 and RGP-56 December 31, 2026 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 https://regulatory.ops.usace.army.mil/customer-sery ice-survey/ Copies furnished by email: Patrick Amico (NC DCM) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) RECEIVED Holley Snider (NC DWR) Ben Brink (CPG, LLC) JUL 14 2023 MP SECTION DCM MHD CITY Action ID Number: SAW-2023-00628 County: Brunswick County Permittee: Tracy & Thomas James . Project Name: James Bulkhead Replacement and Docking Reconfiq-124 Sanford St/ Holden Beach! Brunswick Date Verification Issued: July 14, 2023 Project Manager: Gregory Currey 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: Gregory Currey 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 RECEIVED J U L 1 4 2C 2:3 MP SECTION DCM MHD CITY ,:*# -IN ''' ROY COOPER 1 , Governor al, ;: ELIZABETH S.BISER .4'% „ Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 16, 2023 MEMORANDUM: FROM: Cameron Luck,Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@.NCDENR.gov SUBJECT: CAMA/D &F Applicant: Tracy James Project Location: 124 Sanford Street, adj. to feeder canal/A/WW, Holden Beach, Brunswick County Proposed Project: The applicant proposes to replace approx. 50 linear feet of bulkhead in a new alignment 5'waterward of the existing bulkhead, resulting in the filling of approx. 250sqft of Coastal Wetlands, and to reconfigure and rebuild an existing two (2) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by April 10, 2023. If you have any questions regarding the proposed project, contact Patrick Amico 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. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE - DATE 3/21/23 Ds_ North Carolina Department of Environmental Quality I Division of Coastal Management _ Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 NO�1 .+ firms. 910.796.7215 . a., 47 4` ' ,,,N ROY COOPER Governor '6 -h. 4tt�'a ELIZABETH S.BISER Secretary "`�a�w+�' BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 16, 2023 MEMORANDUM: FROM: Cameron Luck,Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330(Courier 11-12-09) cameron.luckc NCDENR.gov SUBJECT: CAMA/D & F Applicant: Tracy James Project Location: 124 Sanford Street, adj. to feeder canal/AIINW, Holden Beach, Brunswick County Proposed Project: The applicant proposes to replace approx. 50 linear feet of bulkhead in a new alignment 5'waterward of the existing bulkhead, resulting in the filling of approx. 250sgft of Coastal Wetlands, and to reconfigure and rebuild an existing two(2) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by April 10, 2023. If you have any questions regarding the proposed project, contact Patrick Amico 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. X 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 Kimberlee Harding AGENCY NCDMF SIGNATURE /-ait46"4- 7/7a4-'4 DATE 06/15/2023 D E�,.,_ North Carolina Department of Environmental Quality I Division of Coastal Management �— �1/g Wilmington Off ice 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 b=c a n....u�Lt /�v 910.796.7215 _IACA00 o<? <'ti ROY COOPER sa`r Governor • A 14. ELIZABETH S. BISER Secretary Fts�` KATHY B. RAWLS Director MEMORANDUM: TO: Cameron Luck,Assistant Major Permits Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: James Bulkhead Replacement and Docking Reconfiguration, Brunswick County DATE: June 15, 2023 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that impact fish and fish habitats. The project site is located at 124 Sanford Street, Holden Beach, North Carolina, adjacent to a feeder canal leading to the AIWW. The waters of the AIWW in the project location is classified SA by the Division of Water Quality and is not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries.This portion of the AIWW is closed to the harvest of shellfish. The applicant proposes to replace approximately 50 linear feet of bulkhead in a new alignment 5'. waterward of the existing bulkhead, resulting in the filling of approximately 250ft2 of coastal wetlands,and to reconfigure and rebuild an existing docking facility along a feeder canal of the AIWW. The Division does not have any objections to the docking facility reconfiguration. However, the Division has concerns with the new alignment of the bulkhead in a new alignment 5' waterward of the existing bulkhead and filling 250ft2 of coastal wetlands. Coastal wetlands are a productive detritus-based system that trap nutrients,toxins and sediment,aid in shoreline erosion control, dissipate wave and storm action,provides a barrier to flood damage,and provide nursery functions and support fish production. Therefore,the Division recommends the client minimize impacts to coastal wetlands and use a construction method to reduce the amount of coastal wetlands fill. To prevent further impacts to PNA habitat, fish, and invertebrates from suspended sedimentation caused by dredging,the Division requests a moratorium on in-water work,to include dredging, from 1 April to 30 September. State of North Carolina Division of Marine Fisheries 3441 Arendell Street I P.O.Box 769 Morehead City,North Carolina 28557 252-726-7021 Thank you for consideration of our comments. Please contact Kimberlee Harding at 910- 796-7286 or kimberlee.harding@ncdenr.gov with any further questions or concerns. State of North Carolina I Division of Marine Fisheries 3441 Arcndeil Street I P.O.Box 769 I Morehead City.North Carolina 28557 252-726-7021 a#�°' ROY COOPER 't Governor 0'' ELIZABETH S.BISER ,* . Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 16, 2023 MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@NCDENR.gov SUBJECT: CAMA/D &F Applicant: Tracy James Project Location: 124 Sanford Street, adj. to feeder canal/AIWW, Holden Beach, Brunswick County Proposed Project: The applicant proposes to replace approx. 50 linear feet of bulkhead in a new alignment 5' waterward of the existing bulkhead, resulting in the filling of approx. 250sqft of Coastal Wetlands, and to reconfigure and rebuild an existing two (2) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by April 10, 2023. If you have any questions regarding the proposed project, contact Patrick Amico 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** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED PRINT NAME Dan Sams APR 2 0 2023 AGENCY DEMLR DCMP SECTIO NMHD My SIGNATURE Daniel Sams DATE 4/20/23 DE Q North Carolina Department of Environmental Quality 1 Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension 1 Wilmington,North Carolina 28405 Derlinnt a brelmmelml�� /'*4 910.796.7215 „ srw. ROY COOLER r,rx>rrrrr+• ELIZABETH S.RISER � Sf-print. BRAXTON DAVI` � nir t s.rr Frivrrvrvnrrr'zrf eicar2,,ty March 16, 2023 MEMORANDUM: FROM. Cameron Luck,Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@NCDENR.gov SUBJECT CAVA/D& F Applicant: Tracy James Project Location: 124 Sanford Street, adj. to feeder cana/JAIWW, Hoiden Beach; Brunswick County Proposed Project: The applicant proposes to replace approx. 50 linear feet of bulkhead in a new alignment 5'waterward of the existing bulkhead, resulting in the filling of approx. 250sqft of Coastal Wetlands, and to reconfigure and rebuild an existing two (2) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by April 10, 2023. If you have any questions regarding the proposed project, contact Patrick Amico 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” X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached This agency objects to the project for reasons described in the attached comments. Lee Padrick PRINT NAME NC Commerce AGENCY 3-10-23 SIGNATURE ax DATE �;,�STATE a i i 'ee'�: ROY COOPER Govemor C ELIZABETH S.BISER r-`_°i""_"°.Secretary ,BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 16, 2023 MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330(Courier 11-12-09) cameron.luck@.NCDENR.gov SUBJECT: CAMA/D &F Applicant: Tracy James Project Location: 124 Sanford Street, adj. to feeder canal/AIWW, Holden Beach, Brunswick County Proposed Project: The applicant proposes to replace approx. 50 linear feet of bulkhead in a new alignment 5' waterward of the existing bulkhead, resulting in the filling of approx. 250sgft of Coastal Wetlands, and to reconfigure and rebuild an existing two (2) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by April 10, 2023. If you have any questions regarding the proposed project, contact Patrick Amico 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** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED PRINT NAME Philip D'Angelis MAR 2 1 2023 AGENCY NC-DMF Shellfish Sanitation and Recreational Water Quality MP SECTION DCM MHD CITY For Shannon Jenkins SIGNATURE P Z2'R7 '� DATE 3/21/2023 DENorth Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 NORTH CAROLINA n•Nutrdrr w,a..nra+w� /`' 910.796.7215 ='ma Ac STTEx' ROY COOPER �{ I. --litleto Governor .!' 2 ELIZABETH S.BISER „ / Secretary aw+v "- BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 16, 2023 MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a�NCDENR.gov SUBJECT: CAMA/D & F Applicant: Tracy James Project Location: 124 Sanford Street, adj. to feeder canal/AIWW, Holden Beach, Brunswick County Proposed Project: The applicant proposes to replace approx. 50 linear feet of bulkhead in a new alignment 5' waterward of the existing bulkhead, resulting in the filling of approx. 250sqft of Coastal Wetlands, and to reconfigure and rebuild an existing two (2) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by April 10, 2023. If you have any questions regarding the proposed project, contact Patrick Amico 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 AGENCY SIGNATURE DATE D E NORTH North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 127 Cardinal Drive Extension Wilmington,North Carolina 28405 CARO i N L A - mwtelri el Enworamal�� / 910.796.7215 Received: 3/28/2023 Due: 4/10/2023 d ,SUITEq, Historic Preservation Office ROY COOPER 4le_ ‘ ER 23-0788 Governor 4 • _ k% ELIZABETH S.BISER ry Secretary No Comment f'-JCS BRAXTON DAVIS NORTH CAROLINA 5/1/23 Director Environmental Quality March 16, 2023 MEMORANDUM: FROM: Cameron Luck,Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330(Courier 11-12-09) cameron.luck(c NCDENR.gov SUBJECT: CAMA/D &F Applicant: Tracy James Project Location: 124 Sanford Street, adj. to feeder canal/AIWW, Holden Beach, Brunswick County Proposed Project: The applicant proposes to replace approx. 50 linear feet of bulkhead in a new alignment 5' waterward of the existing bulkhead, resulting in the filling of approx. 250sgft of Coastal Wetlands, and to reconfigure and rebuild an existing two (2) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by April 10, 2023. If you have any questions regarding the proposed project, contact Patrick Amico 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** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED PRINT NAME Renee Gledhill-Earley MAY 0 3 2023 MP SECTION AGENCY Historic Preservation Office DCM MHD CITY i .,.,Y -e SIGNATURE DATE 05/03/23 DEQ North Carolina Department of Environmental Quality I Division of Coastal Management �-,,,//� Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 aw.rrrw...�..two:� /d' 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Tracy James PROJECT NAME: James Bulkhead Replacement and Docking Reconfiguration 2. LOCATION OF PROJECT SITE: The project site is located at 124 Sanford Street, Holden Beach, North Carolina,adjacent to a feeder canal leading to the AIWW. Coordinates: Latitude N 33.91356 Longitude W -78.29375 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Site Visit 2-9-2023 Was Applicant Present-No 5. PROCESSING PROCEDURE: Office- Wilmington Application Received 2/8/23 DWR WQC Pre-filing date: 1/20/23 Application Complete 3/9/23 Day 30 for WQC Pre-filing 2/20/23 6. SITE DESCRIPTION: (A) Local Land Use Plan—Brunswick County Land Classification From LUP—Residential (B) AEC(s) Involved: ES, CW, PTA,EW (C) Water Dependent: Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing- Municipal Planned - N/A (F) Type of Structures: Existing- Single family residence, bulkhead, docking facility Planned - Replace the existing bulkhead 5' waterward of existing alignment, reconfigure docking facility (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER N/A N/A 500 SF (A) Uplands (Limits of Disturbance) (B) Vegetated Coastal Wetlands N/A 250 SF N/A (C) Open Water N/A N/A 148 SF (D) Total Area Disturbed: 898 ft2 (.020 acres) (F) Water Classification: SA; HQW Open: No (E) Primary Nursery Area: No 8. PROJECT SUMMARY: The applicant proposes to replace approximately 50 linear feet of bulkhead in a new alignment 5ft. waterward of the existing bulkhead,resulting in the filling of approximately 250ft2 of Coastal Wetlands, and to reconfigure and rebuild an existing docking facilty (2 slips) along a feeder canal of the AIWW. MA n I b taC€ i-E ti1C) ,; 1 James Bulkhead Replacement and Docking Reconfiguration March 14,2023 9. PROJECT DESCRIPTION The proposed project is located at 124 Sanford Street in Holden Beach,along a feeder canal that leads to the AIWW. Existing structures on the .12-acre property include a multi-story house, deck, bulkhead, and a docking facility. A permit history search for the site returned CAMA GP-22475D, issued in 1999 for the boat lift(included in application materials)and no other permits were discovered for the docking facility, which appears in the same configuration on aerial photography from 1998. No permits were located for the existing bulkhead. The high ground portion of the site is located approximately 3-4ft. above normal high water(NHW)and primarily consists of domestic grasses, landscape stone,and ornamental shrubs. Waterward of the house, a cantilevered deck extends towards to water, and staircase extends from the above ground portion of the house to the ground level. The pilings of the staircase and cantilevered deck are located approximately 2' from the existing bulkhead,and the house pilings are located approximately 5' from the existing bulkhead(See Project Narrative and Sheet 2 of 3). The existing bulkhead is located at NHW and spans approximately 50 linear feet, stabilizing the east side of the property along the canal. The existing bulkhead ties into the neighboring properties bulkheads to the north and south. Immediately waterward of the existing wall, there are Coastal Wetlands vegetation present, consisting primarily of Salt Meadow Cordgrass (Spartina patens)which extends an average of 14ft to 16ft waterward from the bulkhead. The waters of the AIWW in the project location is classified SA by the Division of Water Quality and IS NOT designated as a Primary Nursery Area(PNA) by the N.C. Division of Marine Fisheries. This portion of the AIWW is CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to replace approximately 50 linear feet of bulkhead in a new alignment 5ft. waterward of the existing bulkhead, resulting in the filling of approximately 250ft2 of Coastal Wetlands, and demolish and reconfigure and rebuild a docking facility for a total of 2 slips,along a feeder canal leading to the AIWW. According to the applicant,the existing timber bulkhead is deteriorating and is currently failing. The applicant states that the existing wall cannot be removed as"the structural supports are under the existing decks and house structure" (See Project Narrative). The applicant states that the house pilings are currently located approximately 5' from the existing bulkhead,and the existing exterior stairs are located 2' from the existing bulkhead. The applicant states that the proximity of these features to the bulkhead create a potential for structural damage to the house and compromise the exterior deck if the current wall fails or is replaced in the same footprint. (See Project Narrative). The applicant is proposing to construct a new vinyl bulkhead 5' waterward of the current alignment to alleviate the potential for failure. The application materials also state that the requested alignment will allow for"safe working conditions and adequate spacing for structural supports and tiebacks.." (See Project Narrative). The proposed alignment would result in the filling of approximately 250ft2 of Coastal Wetlands consisting mainly of Smooth Cordgrass (Spartina altbernilora) below NHW. According to the application,the proposed vinyl wall would feature 10' return walls along the northern and southern property lines(See Sheet 2 of 3). The applicant is also proposing to reconfigure and rebuild some elements of the existing docking facility. The existing floating dock and boatlift are to remain as-is,with no changes proposed. The applicant is proposing to remove the existing walkway, and construct a new fixed access pier(15'x 6') in the center of the property, extending waterward from the new bulkhead alignment. On the southern side of the terminus of the proposed access pier,the applicant is proposing to construct a fixed open platform (8' x 8'),slightly overlapping the end of the proposed access pier. The applicant is also proposing to move the existing floating dock pilings from the sides of the existing floating dock,to the landward side of the existing floating dock. None of the rebuilt/reconstructed proposed features will encroach in to the riparian corridor setback of the neighboring adjacent properties, and will not encroach any further waterward than the existing features. The waterward edge of the existing boatlift and floating dock are located at approximately 1/4 width of the water body and consistent with the pier head line. 10. ANTICIPATED IMPACTS The proposed bulkhead would step out 5ft. waterward of the existing bulkhead, resulting in the filling of approximately 250ft2 of Coastal Wetlands below NHW,and the incorporation of estuarine waters and public trust area. A maximum of 550 SF of high ground disturbance is anticipated with the installation of tiebacks. Increased turbidity levels should be expected during sheet pile installation. The proposed reconfigured docking facility would result in the addition incorporation of 148 SF of Estuarine Waters and Public Trust Area. The proposed reconfigured features would not encroach into the riparian corridor setback of either adjacent property, and remain consistent with the pier head line. The total area of platform was calculated as follows: Shoreline length=50 ft. x 8 ft. =400 SF allowable Existing Floating Dock=8 ft.x 14 ft. = 112 SF, Proposed Fixed Pier= 15 ft. x 6 ft. =90 SF,(not counted for shading, access credit) Proposed Fixed Platform =8 ft. x 8 ft. =64 SF—overlap of 2'x 3' = 58 SF. Existing Boatlift= 12 ft. by 15 ft. = 180 SF,(not counted for shading) Total Counted sq. ft. = 170 SF Submitted by: Patrick Amico Date: March 14, 2023 Office: Wilmington Project Narrative 124 Sanford St. Holden Beach,NC 28462 (Brunswick County) James Bulkhead/Docking Facility(REVISED JUNE 20,2023) Tracy and Thomas James, property owners, of 124 Sanford St. in Holden Beach are proposing to install a new bulkhead 2 feet waterward of the existing, failing bulkhead.Deterioration of the existing wall is visible to the eye. The proposed new bulkhead would fill approximately 100 sq. ft. of coastal wetlands by stepping out a maximum of 2'. The existing bulkhead is located within a manmade canal with a fringe of coastal wetlands in front(Spartina Alterniflora). The project will not allow the existing wall to be removed as the structural supports are under the existing decks/ house structure. Removing the existing bulkhead could undermine the integrity of the lot near the house/decks. There is an existing docking facility with a pier, fixed platform, floating dock, and boatlift permitted under CAMA No. 22475-D on 6/30/1999 to Steve Morris. The current property owner is proposing to modify the existing docking facility by relocating the a 6' wide access walkway leading to the floating dock and replacing the fixed platform. Also,relocating floating dock pilings to be landward of existing float. Purpose&Need: The removal of the existing bulkhead could undermine the integrity of the lot adjacent to the failing bulkhead which could lead to structural damage to the existing home and exterior deck. Additionally,removing the wall could potentially allow sediment to collapse into the adjacent canal causing high sedimentation and damage to the coastal wetlands. The existing bulkhead is 2'from the edge of the existing cantilevered deck and staircase to access the home. The house pilings are approximately 5'from the existing bulkhead. To provide safe working conditions and adequate spacing for structural supports and tiebacks the applicant is proposing the new wall to move 2'waterward from normal high water. • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED JUN 2 0 2023 MP SECTION DCM MHD CITY 0CM MP-1 APPLICATION for Major Development Permit (last revised 12/27/013) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) N/A James Bulkhead and Docking Facility Applicant 1: First Name MI Last Name Tracy T James Applicant 2: First Name MI Last Name Thomas James If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 7 Fairway Rdg. N/A Clover SC ZIP Country Phone No. 803-517-8043 FAX No. 29710 USA - - ext. - -N/A Street Address(if different from above) City State ZIP 124 Sanford St. Holden Beach NC -28462 Email thomasdjames@gmail.com 2. Agent/Contractor Information Business Name CPG, LLC Agent/Contractor 1: First Name MI Last Name Ben B Brink Agent/Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State N/A 1661 1 Carolina Beach NC ZIP Phone No.1 Phone No. 2 282428 910-302 t5725 N/Aext. e . FAX No. Contractor# N/A N/A Street Address(if different from above) City State ZIP N/A N/A _ N/A -N/A Email ben@coastalpermitguy.com <Form continues on back> MAR 0 9 20?3 DC _6b)rI N. NC: 2 52-808-2808 .. 1-888-4RCOAST www.nccoastalmanagament.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Brunswick 124 Sanford St. N/A Subdivision Name City State Zip N/A Holden Beach NC -28462 Phone No. 803-517-8043 Lot No.(s) (if many,attach additional page with list) ext. L-82 • •a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber Manmade CANAL 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 AIWW 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. Holden Beach 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 50' 5,227.2 sq. ft. c. Size of individual lot(s) 0.12 acres d. Approximate elevation of tract above NHW(normal high water)or NWL(normal water level) (If many lot sizes,please attach additional page with a list) ®NHW or❑NWL 5' e. Vegetation on tract Manicured lawn (upland) Spartina alterniflora (Coastal Wetland) f. Man-made features and uses now on tract Single family home, bulkhead, and docking facility g. Identify and describe the existing land uses adiacent to the proposed project site. Single family homes, bulkhead,s and docking facilities h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate,if applicable) R1 :Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. Dyes ❑No ®NA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Dyes ❑No ®NA National Register listed or eligible property? i- ECEIVED <Form continues on next page> MAR j 6 MAR 0 9 2023 B{;AA WLLMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) RECEIVED APPLICATION for Major Development Permit JUN 2 02023 m. (i) Are there wetlands on the site? ®Yes ❑No MP SECTION (ii)Are there coastal wetlands on the site? DCM MHD CITY ®Yes ONo (iii)If yes to either(i)or(ii)above,has a delineation been conducted? Oyes No (Attach documentation,if available) n. Describe existing wastewater treatment facilities. Town of Holden Beach o. Describe existing drinking water supply source. Town of Holden Beach p. Describe existing storm water management or treatment systems. N/A 5.Activities and Impacts a. Will the project be for commercial,public,or private use? ['Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. The new bulkhead will be installed to reduce erosion in the backyard directly adjacent to the house structure, ultimately, ensuring the structural integrity of the home. The docking facility will be used for recreational boating and fishing. 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. Work for the bulkhead will be done from upland areas when possible and light foot traffic in the marsh when necessary. The new bulkhead will be installed using manta ray anchor system and vibratory hammer for vinyl sheets. Proposed fill will come from a clean upland source. d. List all development activities you propose. Install new vinyl bulkhead 2' waterward of NHW. Remove existing sections of the docking facility to allow the installation of a 6'walkway to access the floating dock and boat lift. Replace 8'x 8'fixed platform. e. Are the proposed activities maintenance of an existing project,new work,or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or❑Acres Approx.100 sq. ft. g. Will the proposed project encroach on any public easement,public accessway or other area ['Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? Oyes No DNA If yes,will this discharged water be of the same salinity as the receiving water? Oyes ❑No ®NA j. Is there any mitigation proposed? Oyes ❑No ®NA If yes,attach a mitigation proposal. <Form continues on back> REVISED 9:51 am, Jun 20, 2023 252-808-2808 .. 1-888-4RCOAST www.nccoastalmanagement.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)—(t)are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work,clearly indicate on maps,plats,drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Thomas and Elizabeth Holland Phone No. Address1015 Jordan Narron Rd. Selma, NC 27576 919-697-0766 Name Ernest and Deborah Britt Phone No. Address PO Box 531 Lumberton, NC 28359 910 734 0831 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. CAMA No. 22475D Issued 6/30/1999 to Steve Morris h. Signed consultant or agent authorization form,if applicable. i. Wetland delineation,if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C.Environmental Policy Act(N.C.G.S. 113A 1-10),if necessary. If the project involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that ony 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 Jan 19,2023 Print Name Tracy James Signature ,, I4»1, 4/,Si; Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts R CIVED ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information MAR H ?.0?,' OC'.M WIL.MINGTON NC: 252-808-2808 .. 1-888.4RCOAST www.nccoastaimanagemelis..i , 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 andlor fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin c {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 d. High-ground excavation in cubic yards. (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: 2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i)Do you claim title to disposal area? d. (I) Will a disposal area be available for future maintenance? Oyes ❑No DNA Oyes ❑No DNA (ii)If no,attach a letter granting permission from the owner. (ii)If yes,where? e. (I)Does the disposal area include any coastal wetlands/marsh f. (i)Does the disposal include any area in the water? (CW),submerged aquatic vegetation(SAV),shell bottom(SB), Oyes ❑No DNA or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. (ii)If yes,how much water area is affected? ❑CW ❑SAV ❑SB OWL ONone (ii)Describe the purpose of disposal In these areas: RECEIVED MAR 09 2023 DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www_nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2} RECEIVED 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4—Structures) JUN 2 0 2023 a. Type of shoreline stabilization: b. Length: 50' ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: V44:SECTION DCM MHq CITy c. Average distance waterward of NHW or NWL: d. Maximum dm ance waterward of NHW or NWL: 2' 2' e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? Clean upland fill ®Yes ❑No DNA (ii)If yes,state amount of erosion and source of erosion amount information. DCM Field Rep—please look at bulkhead edges to see visible erosion g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill f�0 100 Riprap Clean upland fill Breakwater/Sill Other i. Source of fill material. REVISED CrD TBD 9:52 am, Jun 20, 2023 4. OTHER FILL ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? Oyes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW), If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or other wetlands(WL)? If any boxes are checked,provide the (ii)Amount of material to be placed in the water number of square feet affected. (iii)Dimensions of fill area ❑CW ❑SAV ❑SB (iv)Purpose of fill OWL ❑None (ii)Describe the purpose of the fill in these areas: 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)? Fill will be brought in by truck or barge and placed landward of new bulkhead. Barge,haul trucks,backhoe from barge at high tide. New bulkhead will retain fill material. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project Oyes No DNA site? Oyes No DNA (ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize environmental impacts. N/A N/A Date Applicant Name Jan 19, 2023 Tracy James Project Name Applicant Signature James Bulkhead and Docking Facility :6:08 EST; 252-808-2808 :: 1-888-4RCOAST ::www.nccoastalmanagement.net revised: 12126/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public? DCommercial DPublic/Govemment ®Private/Community Dyes No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? Dyes No (ii)Number 1 REVISED If yes: (iii)Length 15' 9:53 am, Jun 20, 2023 (ii)Number (iv)Width 6' / (iii)Length (v)Floating DYes No (iv)Width (v)Floating Dyes ❑No e. (i) Are Platforms included? ®Yes f. (i) Are Boatlifts included? Dyes No If yes: If yes: (ii)Number 1 (ii)Number (iii)Length 8' (iii)Length (iv)Width 8' (iv)Width (v)Floating Dyes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. 0 ❑ Full service,including travel lift and/or rail,repair or (ii)Number of slips existing maintenance service 2 ❑Dockage,fuel,and marine supplies Dockage("wet slips")only,number of slips: 2 ❑Dry storage;number of boats: ❑Boat ramp(s);number of boat ramps: ❑Other,please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout, ❑Land cut and access channel charter boats,sail boats,mixed types). ❑Open water;dredging for basin and/or channel open runabout ®Open water;no dredging required. DOther;please describe: k. Typical boat length: 22' I. (i)Will the facility be open to the general public? Dyes No m. (i)Will the facility have tie pilings? Dyes No RECEIVED (ii)If yes number of tie pilings? N/A JUN 2 0 2023 ME SECTION 252-808-2808 :: 1-888-4RCOAST :: wwwMccoastaimanage t.rlilI D CITY revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be Included in the proposed project. ❑Office Toilets ❑ Toilets for patrons;Number: ; Location: ❑Showers ❑Boatholding tank pumpout;Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste,fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i)Give the location and number of"No Sewage Discharge"signs proposed. (ii)Give the location and number of"Pumpout Available'signs proposed. f. Describe the special design,if applicable,for containing Industrial type pollutants,such as paint,sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h• Give the number of channel markers and"No Wake"signs proposed. i. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina,what types of services are currently provided? MAR 0 DCM WILMINGTON. NC 252-808-2808 :: 1-888-4RCOAST ::www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marin docking facility proposed within a primary or secondary nursery area? ['Yes No n. Is the marin docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic ve etalion S V),shell bottom (SB),or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. nd-f DCW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? UYes Vi to If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ['Public/Government ❑Private/Community (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dripl/ne dimensions. 4. GROIN(e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable a. Length b. Average distance from NHW,NWL,or wetlands c. Maximum distance beyond NHW,NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government [Private/Community c• Distance to be placed beyond shoreline d. Description of buoy(color,inscription,size,anchor,etc.) Note: This should be measured from marsh edge,if present. e. Arc of the swing t i, MAR 0 9 ?U ' DCM WIt_MING1UN tvc 252-808-2808 :: 1.888-4RCOAST::www.nccoastalmanagement.net revised: 12/27/06 Form [CM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. Approx. 2.5' and 19' Approx. 26' and 14.5' Note: For buoy or mooring piling,use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL 93' -3.33'@ NLW e. (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. N/A 8. OTHER This section not applicable a. Give complete description: Tracy and Thomas James,property owners,of 124 Sanford St. in Holden Beach are proposing to install a new bulkhead 2 feet waterward of the existing,failing bulkhead.Deterioration of the existing wall is visible to the eye.The proposed new bulkhead would fill approximately 100 sq.ft. of coastal wetlands by stepping out a maximum of 2'.The existing bulkhead is located within a manmade canal with a fringe of coastal wetlands in front(Spartina Altemiflora).The project will not allow the existing wall to be removed as the structural supports are under the existing decks/ house structure.Removing the existing bulkhead could undermine the integrity of the lot near the house/decks. Jan 19, 2023 REVISED Date 9:54 am, Jun 20, 2023 Project Name James Bulkhead and Docking Facility Applicant Name Tracy James Applicant Signature RECEIVED JUN 2 0 2023 MP SECTION DCM MHD CITY 252-808-2808:: 1-888-4RCOAST ::www.nccoastalmanagement.net revised: 12/27/06 124 Sanford James Bulkhead and Docking Facility DWR Prefile 20Jan2023 D Ben Brink<ber 5Ccoastalperrnitguy.com to 4011'ie1ie See attached. Coastal Permit Guy,LLC (910)302.5725 Helping you get your work done, COASTAL �r■ M *GUY One attachment • Scanned by Gmail() al 121San teul .lama, r RFrF!6eczn RECEIVED MAR 16 . MAR 0 9 2023 DCtitkvirics , : DCM WILMINGTON, NG ROY COOP/ER f 'f; L, trl`\;.,�j Governor .ir l ELIZABETH S.BISER ".`' '' Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 14, 2022 Coastal Permit Guy do Ben Brink P.O. Box 1661 Wilmington, NC 28428 Dear Mr. Brink: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Tracy James, for State approval for development of the subject property located at 124 Sanford Street, . adjacent to the AIWW in Holden Beach, Brunswick County. It was received as complete on March 9th, 2023 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 23, 2023. 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 March 9, 2023, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, 1� 471. Patrick Amico Field Representative cc: WiRO, DCM USACE DCM, MHC DWR Town of Holden Beach, LPO wnD North Carolina Department of Environmental Quality I Division of Coastal Management ���/// Wilmington Office 1127 Cardinal Drive Extension Wilmington.North Carolina 28405 `42:..te'V d ww� /'' 910.796.7215 NOTICE CAMA PERMIT APPLIED FOR PROJECT: Applicant proposed to rebuild an existing two (2) slip docking facility and replace approx. in the filling of 250sqft of Coastal Wetlands at 124 Sanford St., adj. to a feeder canal off of the AIWW in Holden CCOl E f i ` S1f&9 YOUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Tracy James 7 Fairway Ridge NC Div. of Coastal Management Clover, SC 29710 127 Cardinal Dr. Ext. Wilmington, NC 28405 Agont• CPG, [IC Ben Brink Patrick Amico (910) 796-7425 (910) 302-5725 �.1:.;a... ROY COOPER Governor (.r / '1 ELIZABETH S. BISER ✓ ; Secretary BRAXTON DAVIS ()tremor.Amman of Comm!Management March 16, 2023 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Tracy James • Kenneth Hartley Hello: Please publish the attached Notice in the Monday,March 20,2023 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. *****Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington,NC 28405. Contact number: 910-796-7226. (Customer No.489895) Thank you for your assistance. cerely, 4.nya K.keti la rmittin. Support&Customer Assistance cc: MHC Files Cameron Luck—MHC USACE RFCF!1,. MAR 1 h �C riir'bfiw ' i � , State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext.,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 permit in Areas of Environmental Concern as designated under the CAMA: On March 14, 2023 Tracy James proposed to rebuild an existing two (2)slip dockingfacility and replace approx. 50'of bulkhead 5'waterward of the existing,resulting in the filling of 250sqft of Coastal Wetlands at 124 Sanford St., adj. to a feeder canal off of the AIWW in Holden Beach Brunswick County;And on March 14,2023 Kenneth Hartley proposed to demolish an existing docking facility and construct a new dual access, three(3)slip docking facility at 132 Sanford St., adj. to a feeder canal off of the AIWW in Holden Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Patrick Amico N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington,NC 28405, (910) 796-7425 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 10, 2023 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Tracy T. James 7 Fairway Ridge Mailing Address: Clover, SC 29710 Phone Number: 80i"517"804; Email Address: thoimasdjames�)ginail.coin I certify that I have authorized CPG, LLC /Thomas James Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: CAMA Major Permit docking facility bulkhead replacement 124 Sanford (Holden Beach) at my property located at in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Tracy Ja19,2023 20:08 EST) Signature Tracy T. James Print or Type Name Property Owner Title 1 l 19 l 2023 Date 1 19 2024 This certification is valid through l i RECEIVED MAR 0 9 2023 ))CM WIl MINA.; I CN, NG 1/30/23, 3.25 PM USPS.com®-USPS Tracking®Results USPS Tracking® FAOs > Tracking Number: Remove X 70212720000016189389 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) I Latest Update Your item was picked up at the post office at 10:49 am on January 30,2023 in LUMBERTON,NC 28358. Get More Out of USPS Tracking: USPS Tracking Pius® U,S, Postal Service rn CERTIFIED MAIL' RECEIP1 • Delivered do f3pmesricMifornly - Delivered, Individual Picked Up at Post Office r` S E Fee QcRvlry I,,o,nihOi.vla•t9rx t me,all.el nis,. LUMBERTON, NC 28358 �. ea LU.Dtf II��3t! A L 0428 January 30,2023, 10:49 am ''�'� "" 14� .1? 05 r-R sj ..deed w. .as.-edia tee 11';1j1 l enema— • Redelivery Scheduled for Next Business Day P' O rarv+RaerrM•t�+� I t yews LUMBERTON, NC 28358 p Q eau*yew lw+r+ ' 49 $— I January 28, 2023,7:32 pm DIAA elcad ..— WO"e "- N w rre10.63 01/26/2023 • Arrived at Post Office t rU r r • L.13 r; c e • t LUMBERTON, NC 28358I ?y sruw M4 G(' ,a.rt0. _ + _ ..... --_.. w - January 28,2023,7:59 am I n V;«i.M4W ;Glen°°115 p� .r f v �1--. �. • Departed USPS Regional Facility ,• ... sea rs„en.1.'tr�tll rclle"e p 9 P.`etam 3rJ0.spt•t yr,t!a FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX I January 28, 2023,4:06 am SENDER COMPLETE THIS SECTION COMPLETE PHIS SECTION ON DEL WERY 1 • Arrived at USPS Regional Facility ■Complete hems 1,2,and3. A s'P'aase FAYETTEVILLE NC DISTRIBUTION CENTER ANNEXI Nem • Pnnt your name and adtresson the reverse x (/,: / 0 so that we can return the card to you. !._ —r — - January 27, 2023,8:12 am ■Attach this card to the back of themailpleco, a eta.daYt»:w..ddNaam;,• c.01eaDetuwy or on the front it space molts. L 'r/r a',1,? U�;l/-�- 1 I,Article Addressed 10• _ _ D.h de.wry adders clArerent horn Aem 19 O Yee f� n•4- e YES.enter delivery address NW,. 0 No • Arrived at USPS Regional Facility Ernc.S-or LB CHARLOTTE NC DISTRIBUTION CENTER QO BOX 53( I January 27, 2023, 1:15 am Lup.bey`Fo",NC 2g35, 3.5«vic.hD• 0Madly w Enpe.M • Departed Post Office tatter• 0wg d A Illlnllll flllill 4iI II dill Itlliilllll o a.aa.d DneaYl..eM4aam a CAROLINA BEACH, NC 28428 9590 9402 6580 1028 0326 30 Golocn 0~d Dowry Sim. ''ma 'y O COW, k rwor a %annu~Conhm..,, January 26, 2Q23,4:52 pm 2.Article Number(Tia aI SWraMsMaQ D „..._ .Derry nyNeed t et.e reer Ki a oe>vy 7021 2720 0000 1618 9389 ""LiOD""'' PS Form 3811.Jul/2020 PSN 7530.02-000-9053 Domestic Return Reudpt • USPS in possession of item RECEIVED ICAROLINA BEACH, NC 28428 January 26,2023,2:49 pm MAR 0 9 2023 DCM WIl MINGTON. NC: https://tools.usps.com/go/TrackConfirmAction?_g1=1'1 nrrmel'_ga'MTQ2MDQ5Nj03MS4xNjM5ND14MTcz"_ga_3NXP3C8S9V'MTY3NTExMDI5Ni4yN... 1/2 N,CI.DiN PR fll CSL M13t+IT ADJACENT RiPAR/1OloNPOF O OA �TAR NOTIFfCAT10NlWAANAQEM Alvan FORM (Top portion to be completed by owner or their agent) mom °t proven),owner Tracy T.James Adthatls of Property 124 Sanford St Hen heath,NC 26462 Mattfirtp Atkins*of Owner 7 Fatima Rdg.Covet, SC 28710 Owners em,rf �d'a --.•-..,, m�ti om+rts Prwrtsa 603.517-8043 AOsnt's New CPO,LLC Agent Phtxfer 010-302.5725 pre NW"Era oom AWACkNT rfiPAgtAN rK:4771 t3Wh 1111•s Ce11ttltRMtl)t4 Eby coney that t own proparty aC5acont to tho above totem permit hos doam,bid to me. wit *flown on Oho attw he od chewing Loaf he doe ittn t than At nq matx`Ica+ 1 the d�tvotopnanl thwy airs M�pry91tip till i 00 Nor ha CbjeGttotls to this proposal I DO have objections fo that proposal you M 1 y���writing ng propos you must not t o . . v s on o costal Mara to 127 Cardinal In rfdnrive Ext., f0 days of receipt of this notice. Correspondence should be Wilmington, NC 28405 145, DCM reprvsentattves can also be contacted of MO)798-72t5.No response is considered the same as no objection If you have been notslbsdby Certified MAIL I understand thatWAIVER SECTION any proposed pier,dock,mooring pilings,boat ramp,breakwater,boathouse,lift,or groin Must be set back a mininum distance of 16'from my area of riparian access unless warned by me (Uds does not apply to bulkheads or riprep revetments).(If you wish to waive the setback, you must slap the appropriate blank below.) I DO wish b waive somelell of the 15'setback Signature of Adjacent Riparian Property Owner-OR- -t f do not wilt to waive the 15'setback requirement anklet the bonny, `!r allallunrofAts scent Riparian Property Owner: Cyyywr- Typed/Prinlsd nom*of ARPO: Ernest or Deborah Britt Mailing Address of ARPO: PO Box 531 Lumberton, NC 28359 Ati '" ARPO's Phone#: 910-734-0831 P-402 I 'waiver is valid for up to one year from ARPO's Signature Revised-414/Z021 MAR 0 9 2023 0CM WiLMINGI.ON. NC N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Tracy T. James Address of Property: 124 Sanford St. Holden Beach, NC 28462 Mailing Address of Owner: 7 Fairway Rdg. Clover, SC 29710 Owner's email: thomasdjames@gmail.comowner's Phone#: 803-517-8043 Agent's Name: CPG, LLC Agent Phone#:910-302-5725 Agent's Email: ben@coastalpermitguy.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property.The individual applying for this / s permit has described to me, as shown on the attached drawing, the development they are proposing. 6 description or drawing, with dimensions. must be provided with this letter. �I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what Is being proposed, you must notify the N.C. Division of Coastal Management(DCM)in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be contacted at(910) 798-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15'setback Signature of Adjacent Riparian Property Owner -OR- kI do not wish to waive the 15' setback requirement(initial the blank) —7-1--i• Signature of Adjacent Riparian Property Owner / Typed/Printed name of ARPO: Thomas or Elizabeth Holland Mailing Address of ARPO: 1015 Jordan Narron Rd. Selma, NC 27576 ARPO's email: tom@wefixbrokenhomes.corrJxRPO's Phone#: 919-697-0766 pate; 1-7 9-202 '-, *waiver Is valid for up to one year from ARPO's Signature* slrc;EI\IEf: Revised Jul.0Q21) 1013 MAR I o(;M WIt MINGTO►V, NC: 1/29/23,8:08 PM USPS.com®-USPS Tracking®Results USPS Tracking® FAQs > Remove X Tracking Number: 70212720000016189396 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) ILatest Update Your item was delivered to an individual at the address at 11:46 am on January 28,2023 in SELMA,NC 27576. Get More Out of USPS Tracking:USPS Tracking Plus® U.S. Postal Service.' CERTIFIED MAIM' RECEIPT 0 Delivered Er- Domestic Mail Only Delivered, Left with Individual m Foi 0 4r',vrry mfori a1lon,vlf,t our webs n ly u o al ww ®P•,,,un SELMA,NC 27576 sit �� •C L1A Ii S E January 28,2023, 11:46 am .40 m F ai +t+d`lN� t t�.>,s as Arrived at Post Office . e+<odd�p Pestnerk SELMA,NC 27576 ID �s"yr'a°'tPt�0Y0`r`i t 11M� I January 28, 2023,7:15 amncuaID 0 Mud WOW. 04ow+.Y 1 —l4..04-- ''enMM�prtury 1-..._.-.--,.-- Departed USPS Regional Facility ti !�'�r3 0i/26/2023 IRALEIGH NC DISTRIBUTION CENTER Ii-J .e M January 27,2023,2:56 pm * 4101 Arrived at USPS Regional Facility CI Sisilyd - ,ortr0✓3rM �a4 C u arraw1,4 I RALEIGH NC DISTRIBUTION CENTER ]ttaTi:2lP+ 4 IQ 4. 7� r r $ January 27, 2023, 11:45 am ,,i pats„u,,• .3,wWr,VA' .^,co novw•w �+�"" 11°"� ❑5 Farm3009,AP • Arrived at USPS Regional Origin Facility ICHARLOTTE NC DISTRIBUTION CENTER January 27,2023,1:13 am • Departed Post Office ICAROLINA BEACH, NC 28428 January 26, 2023,4:52 pm • USPS in possession of item ICAROLINA BEACH, NC 28428 January 26, 2023,2:48 pm RECF. a'r-0 RECEIVED • Hide Tracking History MAR 0 9 2023 MAR � � � ._:? r,, DCM WIL.MINGTON, NC. https://tools.usps.com/go/TrackConfirmAction?_g1=1'1 e 14dm1'_ga'MTQ2MDQ5NjQ3MS4xNjM5ND14MTce_ga_3NXP3C8S9V'MTY3NTAOMDczMS4 1/2 Location Map 124 Sanford St. Holden Beach, NC 28462 James Bulkhead/Docking Facility 0., „. h- r 4. , 1 1.*..9101, R ,. R. •Y. i 'r.k i l I tt '`� T l �_ t :\r -• ' '4 l ,ord Sl•Floldeniti E ;r't P `1rNr.,2g46., - : ,`h 127 Cardinal Exn Wilmington,NC 28405 1- e. !iIIUIIIIIIIPII \ > Follow N Cardinal Dr/Cardinal Dr Exn to Market St t 1 min(0.4 mi) > Take US-74 W/Martin Luther King Jr Pkwy and Hwy 17 S to Stone Chimney Rd SE in Brunswick County 38 min(32.7 mi) > Continue on Stone Chimney Rd SE.Drive to Sanford St in Holden Beach 17 min(10.4 nit) 124 Sanford St Holden Beach,NC 28462 RECEIVED MAR 0 9 2023 DCM WILMINGTON, NC CAMA AND DREDGE AND FILL GENERAL !‘0.. 22475-Q PERMIT 0 as authorized by the State of North Carolina Department of Environment, Health,and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC '' 1 Applicant Na e /-/e e © r I Phone Number Address,' ry A� Or` re City r ' /'' Brc4UL\ r State A L Zip Project Location (County, State Road,Water Body) etc.)__ _ ‘ r d C _`Q 4 )40 /de^ Rf44"1. erA /+rtc.in/hu(I e ' Cat Aa IA i)t-on - vsc- a....n f- - Type of Project Activity CO/1 5 d r v t / � ' )< lit Lill( c Vt'r t c' b��I4/rig f O/t )...osi+ t u (le U`� -ti.St -t ,>t�� pier" 4- 00- c)o�khc)/ r� /lt%, b�r- /tu < WQI V(r4 I —e Eyrie,. . All («n ri Ai,.n J r, ` r7 . /)oo shk l/ a �/ PROJECT DESCRIPTION SKETCH /�/� ` (SCALE: AJ6�... T C3C4/, ) Pier(dock)length l r r t 4 n - - e C ct n 41 . - C_ - -i Groin length t /6' i— rP` _ •.ProPOsecj g j Uv)4avercd number _.. I i RJr{ I-6J Ff Bulkhead length l3/ ) F Xi$1-t^ j max.distance offshore A -- r _ --,• Basin,channel dimensions cubic yards Boat ramp dimensions II f�___._._ ,�JI • is other 8'3ti�1tt4— • L IerS < _ 50 l/sWtt 1 r 1`�'' A- ' JAL 54,ct-, I 'P-1 5 Ar14.rei c-,' 11 a 14 Mc", 8fu1...It Sq„t fcr T This permit is subject to compliance with this application, sitek?Ain drawing and attached general and specific conditions. Any , ^� violation of these terms may subject the permittee to a fine, N rr/ applicant's signature imprisonment or civil action; and may cause the permit to be- 12k come null and void. /1) This permit must be on the project site and accessible to the 9 r l� permit officer's signature permit officer when the project is inspected for compliance. / �v�17 The applicant certifies by signing this permit that 1) this pro- '",:� / 5o / q �' 4-XPAtEr- .. ? q ject is consistent with the local land use plan and all local fff issuing date expiration date ordinances, and 2) a written statement has been obtained from rid I 1 MAR 0 9 ?0? adjacent riparian landowners certifying that they have no V� ' objections to the proposed work. attachments y i , •; .,. ;JQ II1N N, Nt. 03/17/2017 14:45:19.000 NC REVENUE STAMP:5710.00 • NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $710.00 Parcel Identifier No.232 PD 006 Verified by County on the dny of ,20___ By: Mail/Box to: Wilkerson Law,PLLC. 100 Keel St.Wrightsville Beach,NC 28480 This instrument was prepared by: Wilkerson Law.PLLC. 100 Keel St,Wrightsville Beach,NC 28480 Brief description for the Index: LOT 82, Canal D Holden Beach THIS DEED made this r� '``Lc ay of March ,2017 ,by and between GRANTOR GRANTEE Stephen R.Wagner and wife, Patricia J. Wagner Tracy Thompson James,a married woman 11 West Palmer Avenue 124 Sanford St. Collingswood,NJ 08108 holden Beach,NC 28462 Enter in appropriate block for each Grantor and Grantee: name,mailing address,and,if appropriate,character of entity,e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular, plural,masculine,feminine or neuter as required by context. WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receiptof which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all thatcettain lot,parcel of land or condominium unit situated in the City of _Bolden Beach Township, Brunswick County, North Carolina and more particularly described as follows: Being all of Lot Number Eighty-Two(82), on Canal "D",and fronting Sanford Street,according to a survey of the Canal Development of Holden Beach Realty Corporation, by Gerrie C. Greer, R.L.S,, a map of which is duly recorded in Map Book 6 at Page 132,Brunswick County Registry; and being one of the lots conveyed by warranty deed dated January 27, 1974 and recorded in Book 324, Page 615, Brunswick County Registry. This conveyance is made SUBJECT to the restrictive covenants as recorded in Book 228 Page 31,Brunswick County Registry The property hereinabove described was acquired by Grantor by instrument recorded in Book 1840 page . 11if C F All or a portion of the property herein conveyed_includes or X .does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 6 page 132 . MAR 0 ;3 2023 Page 1 of 2 NC Bar Association Form No. 3®1976.Revised®1977,2002,2013 This standard?oYfit Nay t3ehM >np N' NC Printed by Agreement with the NC Bar Association—1981 North Carolina Bar Association—NC Bar Form No,3 This instrument prepared by:Wilkerson Law,PLLC,a licnensed North Carolina attorney.Delinquent taxes,if any,to be paid by the • • • TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever,other than the following exceptions: 1. The Lien of the 2017 Ad Valorem taxes not yet due and payable; 2. Restrictions of Record applicable to said lot; 3. Easements to Public Utilities of record; and 4. Zoning and/or Subdivision and Building Ordinances. IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the y and year fi .t abo a written. • S (Entity Name) Pri pe Name: By: Qi/r/jeja ' G� Print/Type Name&Title: Print/Type Name: By: (SEAL PrintlType Name&Title: Print/Type Name: • By: (SEAL) Print/Type Name&Title: Print/Type Name: • State of 1112.4)- -County or City of C—A An.•ll r, C I,the un signed tary Public of the County or City of a tate aforesaid,certify that Stephen R. Wagner and wife,Patricia J. Wagner personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand a r seal this SJday of March ,20 17 My Commission Expires: /0-8-a .':_::':;;114.� ary Public (Affix Seal) Not State of -County or City of ! T,the undersigned Notary Public of the County or City ofr,�� } r' {,t personally up, a' � `l { tr r.., , owledged thedue execution of the foregoing instrument for the purposes therein expressed. Witness my hand :fir'� � ` � ' ;1 this day of ,20• My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of -County or City of 1,the undersigned Notary Public of the County or City of . and State aforesaid,certify that personally came before me this day and acknowledged that _he is the of a North Carolina or corporation/limited liability company/general partnership/limited partnership(strike through the inapplicable),and that by authority duly given and as the act of such entity,_he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal,this day of ,20_, My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name gFCEIVF► Page 2or2 MAR 09 202 NC Bar Association Form No. 3 0 1976,Revised A 1977,2002,2013 This standard tam has been approved by: Printed by Agreement with the NC Bar Association-1981 North Carolina Bar Association _CM siC Bar ,Ngi3-(3 N N(, Major Permit Fee Schedule Project Name: County: � �✓Wr4 Fi Check No&Amount: l�ullr 4(dei.i' 'd 141 / '1 n y, k cti gmarn (0 4 SQ,vpii l6 Ic j Polo Development Type Fee DCM % DWQ (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II.Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III.For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C,or D below applies: III(A). Private,non-commercial development,if General Water Quality $250 100% ($250) 0% ($0) Certification No.4175 can be applied: II I(B).Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No.4175 can be applied: III(C). If General Water Quality Certification No.4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Qualify ($400 60% ($240) 40%($160) Certification No.4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: NC Division of Coastal Management AEC: W Fee: $ # I tag- Major Permit Application Computer Sheet COAITS MHC cc Applicant: 1vttef,) iTni,�✓ Agent/ContractorCCp6, 'C` r c Project Site County9afg101.k Staff: a?f4 District: Wilmington Project Name I/p iFt //44e�f sof p bed ma ere411_ r File:Na River Basin: Lun L.vee. Initial date of application submittal: 4lg,/23 Date application"received as complete"in the Field office: ?VI Ira ;� Permit Authorization: ❑ CAMA ❑ Dredge&Fill Both , SITE DESCRIPTIO ERMIT INFORMATI N ORW: ❑Yes No PN . ❑Yes No Photos Taken: Yes No❑ Setback Required (riparian): es ❑No Critical Habitat:DY s L�fVo ❑Not Sure 15 foot waiver obtained: ['Yes o Hazard Not. anon Returned: ❑Yes o I SAV: ❑Yes o [Not ure Shell Bottom: [Yes No (]Not Temporary Impacts: es ❑No Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use clas ication come Mitigation uired (optional): from county LUP: [ 'es ❑No ❑Yes o I Moratorium Conditions. Environme al Assessment Done: Length of Shoreline: ❑Yes Lv1No❑NA L I ❑Yes Q{No ❑NA 1 50 FT I Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or-,Close SECONDARY WATER CLASSIFICATION-OPTIONAL(choose MAX of 4) ❑ Fut e Water Supply(FWS) ❑ Nutrient Sensitive Waters(NSW) j ❑ Swamp Waters(SW) i High Quality Waters(HQW) ❑ Outstanding Resource Waters (ORVV) WETLANDS IMPACTED ❑ (404)Corp of Engineers(Jurisdictional ❑(LS)Sea lavender(Limonium sp) ❑ (SS)Glasswort(Salicornia sp.) i wetlands) ` ❑ (CJ)Saw grass (Cladium jamaicense) (SA) Salt marsh cord grass (Spartina (SY)Salt reedgrass(Spartina � 9 ( P ❑ alterniflora) 260 6'F cynosuroides) ❑ (DS)Salt or spike grass(Distichlis ❑ (SC)Bullrush or three square(Scopus j ❑ (TY)Cattail(Typha sp.) spicata) sp.) ❑ (JR)Black needlerush (Juncus I ❑ (SP) Salt/meadow grass(Spartina I roemerianus) patens) 1 APPLICATION FEE , ❑ No fee required -$0.00 ; ❑ 111(A) Private w/D&F up to 1 acre:3490 ; III(D) Priv public or comm w/D&F to 1 can be applied -$250 ! acre.4144 can't be applied-$400 I ff ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major I ❑ 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 J Express Permit-$2000 acre;4144 can be applied -$400 1 Major development extension request- ❑ II. Public or commercial/no dredge $100 and/or fill-$400 ❑ I Private no dredge and/or fill -$250 i ❑ III(C)Priv public or comm w D&r to 1 acre,4144 can be applied: DCM reeds ' DWQ agreement -$400 Applicant: tJ�"'j&5 (iM 4 0 Date: ,2/f4/a3 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. I TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One �2 New Work i7Jace V/ / Maint❑ _j ❑N 50 New Work Q' Rep ce IIMaint❑ Y El N /5 ,6 EL I New Work 2i Repl O� Maint❑ ❑N .tf I New Work❑ Replace Maint❑ ❑Y ❑N New Work❑ Replace Maint❑ ❑Y ❑N New Work 0 I Replace Maint❑ I ❑Y ❑N New Work❑ I Replace Maint❑ ❑Y ❑N New Work❑ Replace r I Maint❑ ' ❑Y ❑N I I 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 I DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name I includes anyany any Choose One Excludes total ncludes Excludes i I anticipated restoration any anticipated restoration and/or restoration or and/or temp I restoration or temp impact temp impacts) impact amount) temp impacts) amount) C PI/ I Dredge❑ Fill Both ❑ Other ❑ i QV0 go tr7i A i 8- /',i O Dredge❑ Fill❑ Both ❑ Ot rnhe or `I r I i 116 Dredge❑ Fill❑ Both El Other ITe"L' 500 { 5 Dredge❑ Fill❑ Both ❑ Other El i ' 1 � I Dredge❑ Fill❑ Both ❑ Other ❑ Dredge 0 Fill 0 Both ❑ Other ❑ Dredge❑ Fill 0 Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ 919-733-2293 :: 1.888-4RCOAST www.nccoastalmanagement.net revised: 02.26i18 Page l of 3 Top View (Existing Structures) 124 Sanford St. Holden Beach (Brunswick) Shaded Impact Allowance: 400 sq. ft. James Bulkhead and Docking Facility CANAL Existing Shaded Impact: Approx. 262 sq. ft. Scale 1:20 EBB-FLOOD Waterbody Width: 93' January 24, 2023 Shoreline: 50' *NOT A SURVEY #1 Established Pier Headline 8'x 14' .0 -o 'Existing Floating] Floating Dock Dock(NTS) #2 Ramp Boat Lift 12'x 15' 0 0 Existing Boat Lift (ham) Fixed Edge of Coastal Wetlands — -—-—_—_—fPlatform Fish Cleaning Station \ CW Access CW Walkway CW CW CW bulkhead alignment Existing Bulkhead -P/L • -P/L Existing Bulkhead Stairs Cantilevered Uncovered Deck Roofline Rooflinc 126 Sanford St. 124 Sanford St. 122 Sanford St. C-; (Britt) ( Zawi-S ) (Holland) D T; O Zi m z =� Z Page 2 of 3 <-----N Top View (Proposed Structures) 124 Sanford St. Holden Beach (Brunswick) Shaded Impact Allowance: 400 sq. ft. James Bulkhead and Docking Facility CANAL Proposed Shaded Impact: Approx. 152 sq. ft. Scale 1:20 EBB-FLOOD Waterbody Width: 93' June 20, 2023 (REVISED) Shoreline: 50' *NOT A SURVEY Depths Taken: 2:55PM (Jan. 23, 2023) -3.33'@ NLW #1 Established Pier Headline 8'x 14' Cr Existing Floating Floating Dock Dock(NTS) Proposed 6'x 15'Walkway #2 -18'x 8'Fixed Platform 25 @RatnT Boat Lift Aluminum Ramp P 12'x 15' 8' o o Existing Boat Lift (NTS) 1$' _ 8' 15' Edge of Coastal Wetlands —-———_—_ — — - ___ _ CW CW 6' CW — Edge of Coastal Wetlands Proposed Bulkhead 50' 15 CW NHWfollows bulkhead alignment(neighbor Coastal Wetland Fill:Approx.100 sq.jt. CWis applying to step out 2'with bulkhead 6' replacement) Manta RayAnchors / IY \�1 r..1 Wt atAr.. } Existing Bulkhead , Existing Bulkhead —P/L Cantil ered Sta s pa,Exterior Staircase Support Uncovered Deck l Pilings and Cantilevered Uncovered Deck are 2'from existing bulkhead Roofline House Pilings/Cantilevered Deck Support Pilings 5'from existing bulkhead 126 Sanford St. 124 Sanford St. 122 Sanford St. (Britt) (Thompson) (Holland) c-0 z Km o 9 o Ill 2 N w m 0 Page 3 of 3 Cross Sectional (Existing/Proposed Structures) 124 Sanford St. Holden Beach (Brunswick) James Bulkhead and Docking Facility Scale 1:10 June 20, 2023 (REVISED) *NOT A SURVEY Existing Cantilevered Exterior Deck (A)Proposed Vinyl / Bulkhead Location 6'x 15' House Support Piling (manta ray 8' walkway and — _ Staircase and Cantilevered Deck �' tie back) 8'x 8'fixed Existing Boat Lift platform 12'x 15' Support Piling > 5' 2 Proposed Stable Soil Aluminum underneath ——— —NI lW Ramp existing Existing Floating Dock 8'x 14'Existing house Bulkhead - - foundation Location _ NLW -1-3.33' 2' -1.25' Coastal Wetlands A — — (A)(NTS) Manta Ray Proposed Fill Anchoring area Approx. System 100 sq.ft.of coastal wetlands Cou/ ,A.,K. g c m :x -o MI) `�' m_g ry Page 2 of 3 .,<__N Top View (Proposed Structures) 124 Sanford St. Holden Beach (Brunswick) Shaded Impact Allowance: 400 sq. ft. James Bulkhead and Docking Facility CANAL Proposed Shaded Impact: Approx. 152 sq. ft. Scale 1:20 EBB-FLOOD Waterbody Width: 93' March 9, 2023 Shoreline: 50' *NOT A SURVEY Depths Taken: 2:55PM (Jan. 23, 2023) -3.33'@ NLW #1 Established Picr Headline 8'x 14' O !Existing Floating'. Floating Dock Dock(NTS) J Proposed 6'X t5'Walkway 8'x 8'Fixed Platform -1.25(q NLW #2 Boat Lift Aluminum Ramp Ramp 12'x 15' 8' o o Existing Boat Lift (NTS) 15' A 8' 15' Edge of Coastal Wetlands — - — — - � __ 3 _ CW CW 6' C —- — Edge of Coastal Wetlands u W+ 11' Proposed Bulkhead 50'x/10'wing walls CW Coastal Wetland Fill:Approx.250 s . t. CW t pp ��4'— --`1 6 �— ' rNHW follows bulkhead alignment -P+I,CW CW CW CW-p L Existing Bulkhead • Existing Bulkhead 0 Stairs I Exterior Staircase Support pporr Uncovered Deck Rooflinc Pilings and Cantilevered D AI Uncovered Deck are 2'from .1ii existing bulkhead 7.:'.. :). Rooflinc House Pilings/Cantilevered °' Deck Support Pilings 5'from existing bulkhead 126 Sanford St. 124 Sanford St. 122 Sanford St. ° (Britt) ( Ta.vv .s .) (Holland) c = n m z rn 7 o r mVO I D - z w z C, Page 3 of 3 Cross Sectional (Existing/Proposed Structures) 124 Sanford St. Holden Beach (Brunswick) James Bulkhead and Docking Facility Scale 1:10 March 9, 2023 *NOT A SURVEY Existing Cantilevered Exterior Deck f 1 Proposed Bulkhead Location 6'x 11' House Support Piling (manta ray 8' walkway and — _ 8'x 8'fixed Existing Boat Lift Staircase and Cantilevered Deck io' tie back) platform 12'x 15' Support Piling -r 5', 4 Proposed Aluminum ---------NHW Ramp Existing Floating Dock 8'x 14'Existing Bulkhead Location S' � NLW-_- _1.25' -— J-3.33' Coastal Wetlands Prop sed Fill area Approx. 250 sq.ft.of coastal wetlands ti ]3 m H ' G 0 o ttsVo iv1 z IT- 0 z c, Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. Approx. 2.5' and 19' Approx. 26' and 14.5' Note: For buoy or mooring piling,use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL 93' -3.33'@ NLW e. (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. N/A 8. OTHER O This section not applicable a. Give complete description: Purpose& Need: The removal of the existing bulkhead could undermine the integrity of the lot adjacent to the failing bulkhead which could lead to structural damage to the existing home and exterior deck. Additionally,removing the wall could potentially allow sediment to collapse into the adjacent canal causing high sedimentation and damage to the coastal wetlands. The existing bulkhead is 2'from the edge of the existing cantilevered deck and staircase to access the home. The house pilings are approximately 5'from the existing bulkhead. To provide safe working conditions and adequate spacing for structural supports and tiebacks the applicant is proposing the new wall to move 5'waterward from normal high water. Jan 19, 2023 Date Project Name James Bulkhead and Docking Facility Applicant Name Tracy James Applicant Signature Tracy Joann 2023 20 9E EST) VO ID RECEIVED PFC;FIVpD MAR 09 2023 MAR 1 6 2C23 DCkry_ DCM WILMINGTON, NC 252-808-2808::1-888-4RCOAST::www.nccoastalmanagement.net revised: 12127/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public? ❑Commerclal ❑Public/Government ®Private/Community DYes No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? ['Yes No (ii)Number 1 If yes: (iii)Length f.1/ (ii)Number (iv)Width 6' (iii)Length (v)Floating ❑Yes No (iv)Width (v)Floating Oyes ONo e. (I) Are Platforms included? ®Yes f. (i) Are Boatlifts included? Oyes No If yes: j If yes: (ii)Number (II)Number (iii)Length 8' (iii)Length (iv)Width 8' (Iv)Width (v)Floating Eves ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. 0 ❑Full service,including travel lift and/or rail,repair or (ii)Number of slips existing maintenance service 2 ❑Dockage,fuel,and marine supplies ®Dockage("wet slips")only,number of slips: 2 ❑Dry storage;number of boats: ❑Boat ramp(s);number of boat ramps: ❑Other,please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout, ❑ Land cut and access channel charter boats,sail boats,mixed types). ['Open water;dredging for basin and/or channel open runabout ®Open water;no dredging required ❑Other;please describe: k. Typical boat length: 22, I. (i)Will the facility be open to the general public? ❑Yes No m. (i)Will the facility have tie pilings? ❑Yes No (ii)If yes number of tie pilings? MAR 09 1.02 N/A LIAR 1 6 1 . DCM WILMNrTCN: NC' 252-808-2808 ::1-888-4RCOAST ::www.nccoastaimanagement.net revised: 12/27/Q6 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: 50' ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 2' c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: 5' 5' e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? Clean upland fill ®Yes ❑No DNA (ii)If yes,state amount of erosion and source of erosion amount information. DCM Field Rep--please look at bulkhead edges to see visible erosion g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill <250 Riprap Clean upland fill Breakwater/Sill Other i. Source of fill material. TBD VO ID 4. OTHER FILL ACTIVITIES This section not applicable a. (i) Will fill material be brought to the site? OYes ❑No ❑NA b. (i)Will fill material be placed in coastal wetlands/marsh(CW), If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or (ii)Amount of material to be placed in the water other wetlands(WL)? If any boxes are checked,provide the 'nu ber of square feet affected. (iii)Dimensions of fill area I CW Q0 OSAV ❑SB (iv)Purpose of fill OWL ['None (ii)Describe the purpose of the fill in these areas: -- -- - tom 5 'wa-14.vd we ce tek 6f,s l 3 ee sect•ovi. 3 5. GENERAL J 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)? Fill will be brought in by truck or barge and placed landward of new bulkhead. Barge, haul trucks,backhoe from barge at high tide. New bulkhead will retain fill material. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes No DNA site? Oyes No DNA (ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize N/A environmental impacts. N/A Date Applicant Name ¢111, O 9 201? Jan 19, 2023 Tracy James Project Name Applicant Signature -- - ACM WILMINC���N, NC James Bulkhead and Docking Facility ; ,,yr, (Jen 19,zoza MOO esn 252.808-2.808 :: 1-888-4RCOAST::www.nccoastal►nanagement.nett revised: 12/26/06 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii)Are there coastal wetlands on the site? ®Yes ❑No (iii)If yes to either(i)or(ii)above,has a delineation been conducted? ❑Yes No (Attach documentation,if available) n. Describe existing wastewater treatment facilities. Town of Holden Beach o. Describe existing drinking water supply source. Town of Holden Beach p. Describe existing storm water management or treatment systems. N/A 5.Activities and Impacts a. Will the project be for commercial,public,or private use? DCommercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. The new bulkhead will be installed to reduce erosion in the backyard directly adjacent to the house structure, ultimately, ensuring the structural integrity of the home. The docking facility will be used for recreational boating and fishing. 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. Work for the bulkhead will be done from upland areas when possible and light foot traffic in the marsh when necessary. The new bulkhead will be installed using manta ray anchor system and vibratory hammer for vinyl sheets. Proposed fill will come from a clean upland source. d. List all development activities you propose. Install new vinyl bulkhead 5'waterward of NHW. Remove existing sections of the docking facility to allow the installation of a 6'walkway to access the floating dock and boat lift. Replace 8'x 8'fixed platform. e. Are the proposed activities maintenance of an existing project,new work,or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or:Acres 250 sq.ft. g. Will the proposed project encroach on any public easement,public accessway or other area Dyes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A VOID i. Will wastewater or stormwater be discharged into a wetland? DYes No DNA If yes,will this discharged water be of the same salinity as the receiving water? Dyes ❑No ®NA j. Is there any mitigation proposed? Dyes ❑No ®NA If yes,attach a mitigation proposal. riFCFIVhi) <Form continues on back> MAR 0 9 2023 252-808-2808 :: 1-888-4RCOAST .: www.nccoastalmanagempriYMMLMING ON, NC Project Narrative 124 Sanford St. Holden Beach, NC 28462 (Brunswick County) James Bulkhead/Docking Facility Tracy and Thomas James, property owners, of 124 Sanford St. in Holden Beach are proposing to install a new bulkhead 5 feet waterward of the existing, failing bulkhead. Deterioration of the existing wall is visible to the eye. The proposed new bulkhead would fill approximately 250 sq. ft. of coastal wetlands by stepping out a maximum of 5'. The existing bulkhead is located within a manmade canal with a fringe of coastal wetlands in front(Spartina Altemiflora). The project will not allow the existing wall to be removed as the structural supports are under the existing decks/ house structure. Removing the existing bulkhead could undermine the integrity of the lot near the house/decks. There is an existing docking facility with a pier, fixed platform, floating dock, and boatlift permitted under CAMA No. 22475-D on 6/30/1999 to Steve Morris. The current property owner is proposing to modify the existing docking facility by relocating the a 6' wide access walkway leading to the floating dock and replacing the fixed platform. Also,relocating floating dock pilings to be landward of existing float. Purpose& Need: The removal of the existing bulkhead could undermine the integrity of the lot adjacent to the failing bulkhead which could lead to structural damage to the existing home and exterior deck. Additionally,removing the wall could potentially allow sediment to collapse into the adjacent canal causing high sedimentation and damage to the coastal wetlands. The existing bulkhead is 2'from the edge of the existing cantilevered deck and staircase to access the home. The house pilings are approximately 5'from the existing bulkhead. To provide safe working conditions and adequate spacing for structural supports and tiebacks the applicant is proposing the new wall to move 5' waterward from normal high water. • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. VO I D RECEIVED MAR 0 9 2023 t)CM WILMINGTON, NC