43-24 Yarbrough

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
IV** ver it
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 1 13-229
Issued to Laura and Sandy Yarbrough, 132 Wild Cherry Lane, Lexington, NC 27292
Authorizing development in
Brunswick
Permit Number
43-24
County at adi. to Davis Canal, at 120 SE 41" Street in
Oak Island , as requested in the permittee's application dated 6/23/23 (MP-1, MP-2, MP-5), including
work plan drawings (2), Drawing 1 dated "received 4/29/24" and "Side Elevation Parcel" dated 10/24/23.
This permit, issued on April 26, 2024 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Single Family Residence with Section 404 Fill
I) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the homesite,
the #57 stone driveway, and other associated infrastructure, all as expressly and specifically set forth
in the attached permit application and workplan drawings. [07J .0202(c); 07H .0209(d)]
2) No development or land disturbing activity that is considered non -water dependent shall occur within
30 feet of the normal high-water level unless altered herein. Any development proposed in an Area
of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline
AECs and located within the applicant's property, may require additional authorization from the
Division of Coastal Management prior to work commencing. [07H.0209(a)(2); 07H.0209(d)]
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
April 26, 2029
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
For Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal U4A, v®
Management Program. vn�"
Signature of Permittee

Laura and Sandy Yarbrough
ADDITIONAL CONDITIONS
Permit No. 43-24
Page 2 of 3
3) The amount of impervious surfaces shall not exceed 30% of the lot area within 75 feet of normal high
water. [07H .0209(d)(2)]
Sedimentation and Erosion Control
4) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. l l 3A-102(a); 07H .0207; 07H .0208]
5) 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. [07H
.0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
Stormwater Management
6) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.
Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit.
[07H .0209(d)]
General
7) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed. [07H .0208(a)(2)(B)]
8) 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. [07J .0406(b)]
9) 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. [07J
.0209(a); G.S 113A-120(b)]
10) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
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 Nationwide Permit 18
(Action ID SAW-2022-00221).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 6699 and assigned the project DWR Project No. 2024-011 1.

From: David Copeland
To: Jesse M DeQnan, PWS; Luck, Cameron A
Cc: Brandon Fulton, LSS, PSC, PWS
Subject: Re: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)
Date: Monday, April 29, 2024 9:14:23 AM
Attachments: imaae001.Dna
Outlook-335xgshs. pnng
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I've discussed with my client and we want to change the driveway to the 57 stone and geotex
fabric options.
Best,
David Copeland
Advent Building
www.adventbuildingnc.com
910.264.0573
On Fri, Apr 26, 2024 at 6:37 PM Jesse M Degnan, PWS <JDegnan(c�r�,ecslimited.com> wrote:
Dave - please see the email below from CAMA. At your convenience, can you assist by
double-checking these calculations and responding to the email below with the information
needed to address their concerns?
Thank you in advance,
-Jesse
JESSE M DEGNAN, PWS I Environmental Project Manager
ECS SOUTHEAST, LLP
T 704.525.5152 C 704.339.9002
1812 Center Park Drive, Suite D, Charlotte, NC 28217
JDegnan(@ecslimited.com I www•ecslimited.com
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
JESSE M DEGNAN, PWS I Environmental Project Manager
ECS SOUTHEAST, LLC
T 704.525.5152 C 704.339.9002
1812 Center Park Drive, Suite D, Charlotte, NC 28217
[e-mail] I www.ecslimited.com

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Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
From: Luck, Cameron A <Cameron,Luck(@deq.nc.gov>
Sent: Friday, April 26, 2024 4:25:16 PM
To: Jesse M Degnan, PWS <JDegnan(@ecslimited.com>
Cc: Brandon Fulton, LSS, PSC, PWS <BFultonPecslimited.com>; Amico, Patrick J
<Patrick.Amico(@deq.nc.gov>; MacPherson, Tara <tara.macpherson(@deq.nc.gov>
Subject: Re: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)
Jesse,
So I was able to speak to both the Town and State Stormwater on this and will do my best to
explain what is still required. DCM's rules strictly regulate % BUA within our AEC. Due to the size of
the lot and its location within our 75' AEC, the entire development must fall at or below a BUA of
30%. You have proposed a pervious concrete. However, we need documentation from State
Stormwater that approves the design and use as credit in order to bring the total development to
30%. Currently without that approval, the development is closer to 45% 1 believe.
If this component is not addressed, the application will continue to be inconsistent with our rule
and would require us to technically deny the permit. So here are options to avoid that and get this
one permitted.
1. Secure a State Stormwater Permit from the Town for approval of the pervious concrete and
provide us with proof that the 30% BUA has been met.
2. Revert back to the previous plan of 57 stone and geotex fabric, which is considered pervious
for the footprint of the driveway.
3. Work with State Stormwater and provide an innovative stormwater design that treats to the
30%. An engineered, stamped drawings would need to be provided indicating the design is
adequate. This would allow for impervious concrete if possible to achieve.
Since I am assuming the applicant would prefer the concrete, option 1 and 3 seem to be the
realistic options. I would recommend that you request to place the application on hold while you
sort this out. Doing so stops the clock and prevents us from making a decision prematurely. We will
not be able to issue until this has been sorted. Everything else is ready to go from our end.
Your contact at the town for stormwater would be Brice Taylor (btaylor(d)oakislandnc.gov). I am
headed out of the office for the remainder of the day but am happy to chat Monday if you have any
questions.
Have a good weekend,

Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] - office
* Please note my new email address (cameron.luckkdeq.nc.=).
400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncdenr.org/web/cm/dcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jesse M Degnan, PWS <JDegnan(@ecslimited.com>
Sent: Thursday, April 25, 2024 10:49 AM
To: Luck, Cameron A <Cameron.Luck(@deq.nc.gov>
Cc: Brandon Fulton, LSS, PSC, PWS <BFulton(@ecslimited.com>; Amico, Patrick J
<Patrick.Amico(@deq.nc.gov>
Subject: RE: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with
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10-4. That would be great. Thank you for your efforts!
JESSE M DEGNAN, PWS I Environmental Project Manager
ECS SOUTHEAST, LLC I T 704.525.5152 C 704.339.9002
[e-mail] I www.ecslimited.com
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
From: Luck, Cameron A <[e-mail]>
Sent: Thursday, April 25, 2024 9:30 AM
To: Jesse M Degnan, PWS <JDegnan(@ecslimited.com>
Cc: Brandon Fulton, LSS, PSC, PWS <[e-mail]>; Amico, Patrick J
<Patrick.Amico(@deq.nc.gov>
Subject: Re: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)
Hey Jesse,
They have had turn over in their staff. I was able to contact their new Stormwater person and was
informed they would have an answer to us this week. I will give them a call again today to follow
up.
Best,
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] - office
* Please note my new email address (cameron.luckn.ded.nc.gov).

400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncdenr.org/web/cm/dcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jesse M Degnan, PWS <JDegnan(@ecslimited.com>
Sent: Thursday, April 25, 2024 9:28 AM
To: Luck, Cameron A <Cameron.Luck(@deq.nc.gov>
Cc: Brandon Fulton, LSS, PSC, PWS <BFultonPecslimited.com>; Amico, Patrick J
<Patrick.Amico(@deq.nc.gov>
Subject: RE: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with
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Good morning Cameron,
Have you heard anything from the Town on this yet?
Best,

-Jesse
JESSE M DEGNAN, PWS I Environmental Project Manager
ECS SOUTHEAST, LLC I T 704.525.5152 C 704.339.9002
JDegnanCcDecslimited.com I www.ecslimited.com
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
From: Luck, Cameron A <Cameron.Luck(@deq.nc.gov>
Sent: Friday, April 19, 2024 8:50 AM
To: Jesse M Degnan, PWS <JDegnan(@ecslimited.com>
Cc: Brandon Fulton, LSS, PSC, PWS <BFulton(@ecslimited.com>; Amico, Patrick J
<Patrick.Amico(cDdeq.nc.gov>
Subject: Re: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)
Good Morning,
We are trying to get confirmation from the town regarding State Stormwater.
Thanks,
From: Jesse M Degnan, PWS <JDegnan(@ecslimited.com>
Sent: Friday, April 19, 2024 8:15:27 AM
To: Luck, Cameron A <Cameron.LuckPdeq.nc.gov>
Cc: Brandon Fulton, LSS, PSC, PWS <BFultonPecslimited.com>; Amico, Patrick J
<Patrick.Amico(@deg. nc.gov>
Subject: Re: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with
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Good morning Cameron,

I received an email from our Client this morning inquiring about the status of the CAMA
authorization. At your earliest convenience, could you shoot me a brief update?
Best,
-Jesse
JESSE M DEGNAN, PWS I Environmental Project Manager
ECS SOUTHEAST, LLP
T 704.525.5152 C 704.339.9002
1812 Center Park Drive, Suite D, Charlotte, NC 28217
JDegnan(@ecslimited.com I www•ecslimited.com
i Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
JESSE M DEGNAN, PWS I Environmental Project Manager
ECS SOUTHEAST, LLC I T 704.525.5152 C 704.339.9002
JDegnan(@ecslimited.com I www.ecslimited.com
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
From: Luck, Cameron A <Cameron.LuckPdeq.nc.gov>
Sent: Thursday, April 11, 2024 9:10:01 AM
To: Jesse M Degnan, PWS <JDegnan(@ecslimited.com>
Cc: Brandon Fulton, LSS, PSC, PWS <BFulton(@ecslimited.com>; Amico, Patrick J
<Patrick.Amico(@deg.nc.gov>
Subject: Re: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)
We have our draft ready so you should see something from us soon.
Thanks,

Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] - office
* Please note my new email address (cameron.luckndeq.nc.gov).
400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncdenr.org/web/cm/dcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jesse M Degnan, PWS <JDegnan(@ecslimited.com>
Sent: Thursday, April 11, 2024 9:05 AM
To: Luck, Cameron A <Cameron.Luck(cDdeq.nc.gov>
Cc: Brandon Fulton, LSS, PSC, PWS <BFulton(@ecslimited.com>; Amico, Patrick J
<Patrick.Amico(cDdeq.nc.gov>
Subject: RE: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)

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Cameron — The 404 and 401 authorizations are attached for reference.
Thank you,
-Jesse
JESSE M DEGNAN, PWS I Environmental Project Manager
ECS SOUTHEAST, LLC I T 704.525.5152 C 704.339.9002
JDegnanCcDecslimited.com I www.ecslimited.com
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
From: Amico, Patrick J <Patrick.AmicoCcDdeq.nc.gov>
Sent: Thursday, April 11, 2024 9:00 AM
To: Jesse M Degnan, PWS <JDegnan(@ecslimited.com>
Cc: Brandon Fulton, LSS, PSC, PWS <BFulton(@ecslimited.com>; Luck, Cameron A
<Cameron.Lucl<@deq.nc.gov>
Subject: RE: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)
Hi Cameron- Can you weigh in on the status of the Major Permit Application for 120 SE
41st Yarbrough? Jesse, agent, cc'ed on this email, has indicated below they've received
DWR authorization. I hadn't seen that yet.
Thanks,
Patrick
From: Jesse M Degnan, PWS <JDegnan(@ecslimited.com>
Sent: Wednesday, April 10, 2024 5:02 PM
To: Amico, Patrick J <Patrick.Amico6Ddeq.nc.gov>
Cc: Brandon Fulton, LSS, PSC, PWS <[e-mail]>
Subject: [External] 120 SE 41st Street - Oak Island (Yarbrough Property)

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with
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Patrick — We have received the 404 and 401 for the subject project. Is the CAMA permit the
last item needed?
' Thank you in advance,
-Jesse
JESSE M DEGNAN, PWS I Environmental Project Manager
ECS SOUTHEAST, LLC
T 704.525.5152 C 704.339.9002
1812 Center Park Drive, Suite D, Charlotte, NC 28217
JDegnan(@ecslimited.com I www.ecslimited.com
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Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties by an authorized state official.