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HomeMy WebLinkAbout25-05 M.C. Schroeder Co., Inc. Permit Class Permit Number NEW (Express Permit Program) 25-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission " ermit MAR 4 2005 for Morehead City ®CM X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to M.C. Schroeder Co. Inc. C/o Phil Schroeder for The Palms at Lon Bay, 1240 Ea lecrest JD)rta8164. Authorizing development in Brunswick County at adj. to the Atlantic Ocean, at 120 SE 58th Street, in Oak Island, as requested in the permittee's application dated 08/05/04, including the attached workplan drawing dated 01/14/05, and the attached Ocean Hazard AEC notice dated 10/14/04. This permit, issued on February 28, 2005 , 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. Condominium Development 1) This permit authorizes only the land disturbing activities associated with establishment of The Palms at Long Bay Condominium Complex as well as the construction of the swimming pool, pool house, parking areas, driveways, and the pedestrian walkways, all as expressly and specifically set forth in the permit application and depicted on the attached work-plat drawings. Any additional land disturbing activities and/or construction shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. (See Attached Sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty(20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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 Charles S. Jones, Director hereunder requires further Division approval. lvision of Coastal Management All work must cease when the expires ires on P P December 31, 2008 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 FPrior Inc. C/o Phil Schroeder Permit #25-05 Page 2 of 3 Additional Conditions n of construction within the Ocean Hazard AEC, a representative of the Division of ement shall stake the limits of the 60 foot small structure development setback, the 120 ootarge structure development setback, and the landward limits of the frontal dune. Construction must begin within 30 days from these determinations. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions,will require these limits to be restaked by the Division. 3) The foundation pilings of the condominium complex shall be located entirely 1 dward of the 120 foot large structure development setback line referenced in Condition 2. I,k' ► 4) All structures located within the ocean hazard AEC shall be set on pilings. MAR 428� ^flfl d C'IIt�/ D M 5) Within the ocean hazard AEC, all pilings shall not be less that 8 (eight) inches i round df 8 (eight) inches to a side of square. 6) Within the ocean hazard AEC, all pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. 7) All construction shall comply with building requirements of the N.C. Building Code, and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provision of the building code or a flood damage prevention ordinance is inconsistent with any AEC standards,the more restrictive provision shall apply. NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements than the Division's standards for development in areas of environmental concern (AECs). 8) All foundations and structures shall be designed to be stable during applicable fluctuations in ground elevation and wave force during a 100-year storm. Cantilevered decks and walkways shall meet this standard or shall be designed to break away without structural damage to the main structure. Stormwater Management 9) The Division of Water Quality's approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8041214, which was issued on 01/25/05. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 10) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, sand fence, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands,watercourses and/or properties. 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. F�NLOTE: The Inc. C/o Phil Schroeder Permit#25-05 Page 3 of 3 Additional Conditions mittee has received a Sedimentation and Erosion Control Plan for The Palms at Long ndos from the NC Division of Land Resources (Project No. Bruns-2005-173). Should the permttee choose to modify/amend the existing Sedimentation and Erosion Control permit, he or she should contact the Department of Environment and Natural Resources; Land Quality Section, at 127 Cardinal Drive Extension, Wilmington, NC 28405. General 12) The permittee shall contact the Department of Transportation to determine if a permit is required for driveway connection to SE 58`h Street. Should such a permit be required, it shall be obtained prior to the initiation of any development activities authorized under this permit. 13) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily. 14) All structures authorized by this permit shall be relocated or dismantled when they become imminently threatened by changes in shoreline configuration. A structure(s) shall be relocated or dismantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re-nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permittee's right to seek authorization of temporary measures allowed under CRC Rules. 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: In order to protect hatchling loggerhead sea turtles, all lights on the building face, including balcony lights on the ocean side of all structures should be eliminated. Where ocean side lighting is required, alternatives including shading, screening, or replacing fixtures with modern alternative light sources should be utilized. Parking lots, streets, tennis courts,walkways, dune crossovers, pools and other areas requiring lights should be illuminated with light fixtures located close to the ground to minimize casting direct light on the beach and dunes. For more information on the proper design of ocean side lighting, contact the N.C. Wildlife Resources Commission at (919) 729-1359. NOTE: Development activities associated with this project shall be consistent with the Conditional Use Permit (Number CUP-9-04) issued by the Town of Oak Island. Any violation of the Conditional Use Permit shall be considered a violation of this CAMA permit. 77 777 MAR 4 2005 Morehead City DCIA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary February 28, 2005 CERTIFIED MAIL 7002 2410 0003 1721 2114 RETURN RECEIPT REQUESTED M.C. Schroeder Co. Inc. C/o Phil Schroeder MAR 4 2005 1240 Eaglecrest Dr. Stanley,NC 28164 Morehead City DCM Dear Mr. Schroeder: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form)is retained by you and must be available on site when the project is inspected for compliance. Please sign both the original, and the copy, and return the copy to this office in the enclosed self-addressed stamped envelope. Signing the permit and proceeding means you have waived your right of appeal as described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. P y yo s,aiPermits Coordinator 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX:--*910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long Bay 2. LOCATION OF PROJECT SITE: Project site is located at 120 SE 58 h Street, in Oak Island,Brunswick County. Photo Index- 2000: 8-74, I,J,K 13-14 1995: 8-70,M,N,O 12-13 1989: 4 185 17, I,J 4-5 State Plane Coordinates-X: 692289 Y: 18150 Rover File: 0-010519A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—01/05/05 Was Applicant Present-No 5. PROCESSING PROCEDURE: Application Received— 10/28/04, 0I/Q5/05;completed-fl1/19/05 Office-Wilmington ji14 6. SITE DESCRIPTION: (A) Local Land Use Plan-Town of Oak Island Land Classification From LUP-Developed 4 /605 (B) AEC(s)Involved: OH (C) Water Dependent: No Morerivaci UILy OCIA (D) Intended Use: Residential Condominiums (E) Wastewater Treatment: Existing-Municipal sewer Planned -Municipal sewer (F) Type of Structures: Existing - Concession stand, maintenance building and miniature putt-putt golf course Planned -Four(4)condo buildings providing 54 residential units,pool,pool house, driveways and parking areas. (G) Estimated Rate of Erosion:N/A Source- N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OLHER (A)Vegetated Wetlands Coastal (B)Non-Vegetated Wetlands (C)Other-High ground Disturbed 3.17 acres (D) Total Area Disturbed: 138,085 sq. ft. (3.17 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to develop the tract by constructing four(4)condominium buildings with associated driveways,parking areas,pedestrian accesses,utilities, swimming pool and pool house. M.C. Schroeder Co., Inc., c/o Phil Schroeder Page Two 9. PROJECT DESCRIPTION Phil Schroeder, representing M.C. Schroeder Co., Inc., has requested that the attached JppUcationbe..Processgl under t"lle Express Permit Review Pilot Program. The applicant's project is located at 120 SE 58`h Street,approximately 0.10 mile east of the intersection of E.Oak Island Road and SE 58`h Street,in Oak Island,Brunswick County.To find the property,take Highway 17 south from Wilmington and turn left on N.C. State Highway 87. Head south on Hwy 87 and turn right onto E. Oak Island/Yaupon Drive. Travel west approximately one and a half(1.5)to two(2)miles and turn left onto SE 58`h Street.The subject property is located on the left hand side of 58`h Street and is bordered by both residential and commercial properties. The Palms at Long Bay is being proposed on a 3.17 acre tract,located between SE 58`h Street and SE 59"'Street in Oak Island, North Carolina. The applicant has submitted a work plat drawing indicating the proposed development areas within the 3.17 acre tract.The project site is located outside of the Ocean Erodible Area of Environmental Concern(AEC),however the entire tract is located in the High Hazard Flood AEC. The waters of the Atlantic Ocean, adjacent to the project site, are classified as SB by the North Carolina Division of Water Quality. The area is not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. The subject property is located within the High Hazard Flood Area, as indicated by Zone VE (elevation 17) on the Flood Insurance Rate Map. The High Hazard Flood Area (VE Zone) associated with the subject property is contiguous to the Atlantic Ocean. An Area of Environmental Concern(AEC)Hazard Notice was provided to the applicant,informing him that the project site is located in a High Hazard Flood Area. According to information, accepted by the Coastal Resources Commission,the annual erosion rate in the vicinity of the property is 2.0'per year.Given the annual erosion rate,studies indicate that the shoreline could move as much as 325' landward during a major storm event.Floodwaters associated with a major storm could potentially reach 17' in the area surrounding the project site. According to the survey provided by the applicant, the First Line of Stable Vegetation is located approximately 315' south of the southern most property line. The subject site was previously used as a miniature putt-putt golf course.The only remaining structures on the property are an abandoned concession stand,maintenance building and putt-putt golf course.The applicant has indicated that all structures on the site would be demolished prior to construction of the condominium complex. The property exhibits no signs of any"404 type"or coastal wetlands.There is very little vegetation on the property with the majority being ornamental landscaping shrubs. Lawn grasses cover the remaining portions of the tract. The closest portion of the tract to the nearest body of water is approximately 380' (measured to the Atlantic Ocean).According to the application,elevation at the site averages approximately 8.0' above Mean Sea Level. PROPOSED PROJECT The applicant proposes to develop the 3.17 acre tract by constructing four condominium buildings with associated driveways, parking areas, utilities and pedestrian accesses. The applicant also proposes to construct a swimming pool and pool house. Development would include grading and filling the entire 3.17 acre tract for road construction and lot preparation.Fill material brought to the site would be clean of any contaminants and would be provided by an upland source. The fill would also be compatible with the native sands.The four condominium buildings would provide approximately 54 condos for multi-family .use, with a density of 17 units/acre. Access to.the complex would be provided by the construction of two entrance drives, located off of SE 58`h Street. Two exit drives would be constructed and located on the western side of the tract along SE 591h Street.The asphalt drives would run perpendicular to both 58`h and 59`h Street.Parking would be confined to the areas below the condominiums and the outer limits of the property. The swimming pool(52'x 42')and pool house would be centrally located between the four buildings.Access to the swimming pool and pool house would be provided by pedestrian access walkways, located between the condos.The applicant has proposed to install two infiltration basins in the area surrounding the swimming pool(northeast and southwest side)for the collection of stormwater run-off.The applicant has indicated that municipal water and sewer would be provided by the Town of Oak Island. M.C. Schroeder Co., Inc., c/o Phil Schroeder Page Three The applicant has submitted an Express High Density Stormwater Permit to the North Carolina Division of Water Quality. The Express Stormwater permit application (#SW8041214) was received on 9/30/2004 and is pending. The applicant has received an approved Sedimentation and Erosion Control Plan,(SECP#Bruns-2005-173)from the Division of Land Quality. According to the applicant, sanitary sewer would be provided by the Town of Oak Island. 10. ANTICIPATED IMPACTS: The initial grading of the property would result in the disturbance of approximately 3.17 acres of high ground.The proposed condos,driveways,pedestrian walkways,swimming pool and pool house,would result in the creation of approximately 103,780 square feet of impervious surface. The applicant has applied for an Express State Stormwater Permit with the Division of Water Quality(Stormwater permit# SW8041214), however a permit has not yet been issued. The applicant anticipates that once issued under the high-density option,the Stormwater Permit would restrict the total maximum built-upon area of the subdivision to 103,780 or 75%coverage for the entire tract. Submitted by: Jason Dail Date: January 19,2005 Office: Wilmington MAR 4 2005 Morehead City DCM Recommendations for State Permit'—M.C.Schroeder Co.,Inc., c/o Phil Schroeder It is recommended that a permit be issued subject to the following conditions: • In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. • The Division of Water Quality is reviewing the application for this project under stormwater management rules established and enforced by the Environmental Management Commission. The applicant has submitted plans for a State Stormwater Permit,however it has not yet been issued. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. • Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands,watercourses and property(e.g. silt fence, diversion swales or berms, sand fence, etc.). • A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at(910) 395-3900 prior to the commencement of any such activity for this determination.The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. T 4 r MAR 4 2005 Morehead City D Civl f fly . form I1Clbi-MP-1 MAR 4 2005 APPLICATION Orehead City ®CM (To be completed d by all applicants) b. City town,cammun or landmark 1. APPLICANT �►� ��L , c. S eet address or seeeonnddary road number a. Landowner: !�-�� Name .J� 4 CEP 1�(C. d. � � .v�tbin city limits or planning ,( pp�, �+ �.--�t�I-- jurisdiction? �Y� No Address ��`tV ��.���� 1 ��1�E q e. Name of body of water nearest project (e.g. river, city State p - creek, gound,bay) Zip 2 Day Phone d T -B 2 2-802-5 Fax . oD "_6 2 2--C J 1 q 3. DESCREMON AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent, �-t�/ ,n t�h Name /7/G.. S h'R6EbE-P— a. Liu all development activities you pra building a home,motel,marina,bulkhead,pier,and Address -fiCl ECREc5'7r jT 1 W excavation 0AZOM filling activities.1710i LbI6s S city r�6NL- /v�. G zip 9 =3pi"•2,76ro b, is the proposed activity maintenance of an cxistin Project, new wort, or both? _&jF Fax �0 c. Will the project be for pub]ic,private or commercial c. Project name ('i �e1 'f any) C0M-Wc1cJ;g1- .-- THE" P)9LMS A T L D�I6-�,q X d. Give a Met'dessarknion of purpose,use,methods of camtrucaan and daffy operations of proposed P �: :-M1w 4l rfsl.l dlor Project_ If more space is needed, please attach p,rfta„a,r_ additional pages. Gl 2. LocATlox OF pROrOSEn PROJECT a. County �u1 pF D1J�S�ONAGEMEN -�Q�T?i. MA MAR 4 LUuo )Form DCM-W-i Morehead City [jr: ivt a. LANs AND WATERm. Describe existi astewater treatment fac lines. �,�-�v� CHAACT I iS X'ICS t� L�t C �S U Sy S?'QD I2 a. Size of entire tract J • IV ACV'Es n._ Describe location and type of discharges to waters of the state. (For example, surface runoff,sanitary b. Size of individual lots) NA wastew terr, Wumiallcommercial eifluem 'wash down" and reuidentW discharges.) _ &A c. Approximate elevation of Tad above MHW or - NWL 8 - d. Sod types)and texture(s)of tract o. Describe existing drinking water supply s M ,� leaa- SA+a,bTIPM-U STi - CL4YS -—tga C)E CA/7 e. Vegetation on tract__(°-� f}s!i� EVSNES -_ gome P� rP ES f. Man made features now on tract PUILLUT C0()P.5 E 5. ADDITIONAL INFORMATION g. What is the CAMA, Land Use Plan land � In addition to the carnpieted application form, the classification of the site. (Cantu rhr rotor knd ate plot►.) following items must be submitted: Conservation ��Transitional • A copy of the deed (with state application only) or Developed Community Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is = h. How is the tract zoned N ocal ernment7 claiming to be theowner of said property, then C0Mrn EkQ1,4L �eer 2ZQNAL forward a copy of the deed or other bums ent under which the owner claims title, plus written permission i. Is the proposed project consistent with the vgplirable frOM the owner to carry out the project. zoning? �� Yes No (4 za.w-g t t —tyi--*, tlTp4caW) * An *=rate, daW work plot (including plan view and cress-sectional ftwinp)drawn to scale in black j. Has a professional ar logical assessment been ink on an 8 112' by I V white paper. (Refer to done for the tract'! A Yes No Coastal Resources Cemmission Rule 71.02,03 for a If yes, by whom? st 1>! ,/NF GuI demilod description.) lc. Is the project located in a National Registers! 1Plftm note that original drawings are preferred and Historic District or does it involve a National only high 9uWrty aipies wi l be accepted. Blue-line Register lis�*rgiible property? prirds or otherlarger platsare acceptable only if an YesNo adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes No Eugioeers regarding that agency's use of larger CoasW (marsh) Other drawings.) A site or location map is a part of plat If yes, bas a delineation been conducted? requirements and it must be w0kitudy detailed to µsea,eo WWftau an, if vrmre) guide agency persontrel unfamiliar with the arewtotbe Z 0F gc Form DCM-MP-1 MAR 4 2005 MoreheL site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CLRTMCATION ,AND PERMISSION � �{ �o ENTER ax LAND* A Startrnvaw C!'�'tificatlon, if vile is necessary. • A list of the;;manes and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landa►�ners and application will allow only the development described in signed return recrlipts as prcai that sw±k a>wmn the application. The prvje a will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit by amtaif'led maiL Such latndownas must be advised I certify that to the best of kztowled sect that they have 30 days in which to submit comments I c fY 1eh with the my of North Carolina's d on rbe proposed project to the Division of Coastal �' Management.. Upon sigaing this form, the applicant approved Coastal Management: Program' and will be further certifies that such notice ha/s been provided. conducted in a manner consistent with such program. Name Our;4tgN DNl;{2C- JlL.Ld1� _ _ I certify that I am m4borized to grant, and do in fact, Address 12Z E 5g V s i PEE #204 grant paronission to representatives of smte and federal Ptiew Nk Sa LAN), w agencies to ewer on the mWementioned lands in com*Ction with evaluuing irif'mw6oa related to this Name _ permit application and follow-tip monitoring of the Address project. ]?hone: I further =ify that tie, infamtation ptuvided in this Name Address application is buthful to the best of nay knowledge. phone ,��,�� • A list of V evious sate or federrtl permits issued for This is the�day of , wzor r wart vn die project tract. Include permit numbers, Print Name 'PULIP Al. 0 14Rce b0e— permittee, and issuing dates. �T, Signature t rn%dm�rr or ,tae�r • A check for"SM made payabie to tke Dqmrtrma of Please ind'K=attachments pertaining to your ptnposed Environment, Health, and Nadual Rmsources prqjt=. (DEHapoicx R) to cover the oasts of pr lag the DCM MP-Z Excavation and Fill Information applies. _ I)CM MP-3 Uplaed Development r A spa AFC hazard notice for projects in -- DCM MP4 Swctz m Diets Zon DCM MP-S Bridges and Culverts oceaarfrora and Diet areas. DCM MP-6 Marina Development A stabiximd of craaipUmm with the N.C. N07"E: Ptez s sign and dare eac* is the Environnumtol Policy Act (N.C.G.S. 113A - I to space pr wkW 4t the 10) If the project involves the expenditure of public funds or use of public loads, auch it staoem m documemtiag compliance wish the North Carolina lxlvironmental Policy Act. Jan 13 05 03: 52p Philip N. Schroeder 7048228119 p. 2 Form DCM-MP-3 MAR 4 2005 UPLAND Morehead City DC M DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit. Form DCM-MP-1. N sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Dives' n of Environmental Management for review? Yes No a. Type and number of buildings, facilities, units or If yes, date submitted E 200a4— structures proposed COIUZ4m!/V BUn7S, __ 7 IPP &VOWEERJIV6 Bul Lb�1�� , 4 f�l 7. �� i. Describe proposed method of sewage disposal. -rotua OF OAk X-,rW-FM b b. Number of lots or parcels rEie 5E(t9E,e c��j am► j. Have the facilities described in Item i. above C. Density(give the number of residential units and the received state or local approval? YE.C— units per acre) rJ 4 �!tlL I <,uarh�pprp.; �do ,uarionJ � t�Nlrs J �Gr� k. Describe location and type of proposed discharges to d_ Size of area to be graded, f led or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. CVEc N sanitary wastewater, industrial/commercial effluent, 'wash down" and residential discharges). NO '2>/s ckAK6- e If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, commune , public system, etc.) control plan been submitted to the Division of Land 70W/J QF s lk A�MNb Resources? —)L-Yes No If yes, date submitted APi@/?O1 & �1 �Q� m. Will water be impounded? Yes —k No CAROL Al /7I1414 . If yes, how many acres? f. List the materials (such as marl, paver scone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when C OMCRETE +- ASPHALT was the lot(s)platted and recorded? &� -PHILIP N . SCITROEI)ER g. Give the percentage of the tract within 75 feet of Ap t o yNrt MHW or NWL,or within 575 feat in the case of an Outstanding Resource Water, to be covered by , impervious and/or built-upon surfaces, such as — - 1u6u , 20 �4 pavement, buildings, rooftops, or to be used for I>.tc vehicular driveways or parking. Q Bolivia, North Carolina, United States CZ) i Ll 97; V F t 132 o `V (� ................................... ; x� •ter l 76 < rZ 0IL aso O Silver �. ] J Lake �= 'A Myrtle GroveU (n C) 1' a. If ;. Bolivia/�j J Carolina t. <, >�4` ! Beach. (211`i s17.. I e' ure.l3aach , �A21 ShallOae ' 211 Southport +iolden Beacta, tares Beact> Yaupon Beech OAXaswell Beach 0rnl 2 4 8 8 10 12 aright m 196E-2003 Microsoft Corp,ancilor Its suppliers.All rights reserved. http://www,mlcrosoft.comistreets ,pyright 2002 by Geographic Data Technology,Inc.NI rights reserved.0 2002 Navigation Technologies.NI rights reserved.This dots Includes Information taken with psrmisslon from Canadian authorfties C 1991-2002 Government of Canada Jullce Canada and/or Geomdice Canada),all rights reserved. Long Beach, North Carolina, United States F/ `, "I'"`,,.,-.... .!!; _�"� \o. r ME t.•� ��F��5�" ��,f/^�l i� �r�,..• ..e _k` ld' .3 r �jl1 '• rl r - w,, . 1l r 7r V-1 - u,.• ��•.r/: • .�, ••`\ `I � /r r �fj! " ic^" CZ)V- C ,} t,Y\ jrf stl � _ `f�... 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C U LIJ AV Y le G s, OF 0 mi 0.5 1 1.5 yright®1985.2003 Microsoft Corp.and/or he suppliers.All rights reserved. http:IYwww.microsoft.corn/streets 2pyrigh120D2 by Geographic Data Technology,Inc.All rights reserved,®2002 Navigation Technologies.All rights reserved.This dads int9udss IMormatkxt taken with permission from Canedien mAhoritles®1991.2002 Government of Cords tidies Canada and/or Geomatics Canads),all rights reserved. _ 101�1oC J 06- .1 North Carolina, United States, North America 7. } j LU CZD iv r 1 Q tz Col { f lr ! + i r'• 04 ! ! { ! O r Yrn•. a F ` r j }F jr aS)'IR{' r� 1 j/ � •rr.l.er�.l � ! >�1. LIM- ._.� `) ! SIT � � - , ,• t20 SE. 5$ STREET ; Ji :' OAK ZSLAt / K s C 0 yds 100 200 300 yright®1OW2003 Microsoft Corp.and/or its suppliers.All rights reserved. hftp://www.microwft.corrdstreets �p ght 20D2 by Geographic Dodo Technology,ktc.All rights reserved.0 2002 Navigation Technologies.All rights reserved,This data Includes Informotlon taken with permisslon from Ca median authorities®1Bg1.2002 Government of Canada tlstics Canada and/or Goornatbs Canada),oil rights reserved. 1=1016II■ RHO ��1 ■1 _ �1 _ = Nil ■M ■� �= foil ��- �-= CIGI '■-- ■ - loll - � ■r Lid,= lull LEI ;■� ■Y �I = = 41�1 i�= �■�_ EliEll ■ ■ flf■ --- (III �= �= If�l■ nll �■r=EM full • Eli ■ MEE III NO ■_ Ill1 51 NPI■ HIM �I H Oil I BIN i�=_ '■�= [flll lflfl tom= 11,�= UP ■ ■ I[ill ■�= ■�- flue ■R ■ HIM Ell i■= um ;m = fill■ Ill x�`'a''�:Y' HIM Hit ■- ■- lam= �9-EM Fill 11 ■= W lllflEVE om ■ ■ Ill■ �� �� Ifla ��■= ■= ui■ I _lull _ Ifvi ■= �- Ilili. � �■ h�= ■- HIM IINI- (■ li■ lull Ill m= �= f11f1 ■ ■- mill■ i;��== Ili'' '� � ff�l■ ■� �= ham= �— F�I irk ,mac= 'Iflfl ['�_ {�� u�► ,_ v. l'� J '■= �i■-= �Illll III= ;�- �.,� Eli— it'll]55 ,� 11Cl►!■ " ME 11111 ■ ■ ifl •• ' MS —���_ YHF•12/} y f Y . MAR 4 2005 Morehead City DCM ------- ------- ----- ---- - Iqj . ,IH I ,flil 9H, RIGHT SIDE ELEVATION I�� �IIH'IINY l�lH� ' 11�1�1 V � II 1, LEFT SIDE ELEVATION D utV1S1ON �EMEN cop, - Mp,NA THE PALMS AT LONG BAY 120 SE 58TH STREET ' ` OAK ISLAND, N. C. 28465 MAR 4 2005 Morehead City DCM S.E.59TH 5TREET Lr— V a d e i i a nrt mutt arreiu+ce -..,, �� i ij 1 38274 5Q.Fr 3.17 ACRES J s,_ 1 a a S.E.58TH STREET M. C. SCHROEDER COMPANY, INC. 1240 EAGLECREST DRIVE STAN LEY, NORTH CAROLINA 28164 CONTACT: PHILIP N. SCHROEDER MOBILE PHONE: 704-301-2786 TJec 20 04 1 1 : 16a Phillip Tripp _ 810-763-5631�, p. 2 NCDENR North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension,Wilmington, NC 28405 (910)395-3900 FAX(910)350-2004 Request for Express Permit Review MAR 4 2005 FILL-IN all information below and CHECK required Permi4s}. Morehead City pCM FAX to Cameron Weaver along with a narrative and vicinity map of the project location. Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made. APPLICANT Name Mr. Phillip Schroeder President Company M C Schroeder Company Inc. Address 1240 Eagle Crest Drive -City/State Stanley, NC Zip 28164 County Phone 704-822-8025 Fax 704-822-8119 Email PROJECT Name The Palms at Long Bay ENGINEER/CONSULTANT Phillip Tripp Company Tripp Engineering Address 419 Chestnut Street City/State-Wilmington, NC Zip 28401 County New Hanover Phone 910-763-5100 Fax 910-763-5631 Email trippenq ec.rr.com ❑ STREAM ORIGINATION CERTIFICATION X,STORMWATER ❑ Low Density ❑ High Density-Detention Pond ❑ High Density-Other ❑ Low Density-Curb & Gutter High Density-Infiltration ❑ Off Site COASTAL ❑ Excavation & Fill ❑ Bridges &Culverts ❑ Structures Information MANAGEMENT Upland Development ❑ Marina Development ❑ Urban Waterfront LAND QUALITY Erosion and Sedimentation Control Plan with _25, 1-1 acres to be disturbed. ❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands Delineated/No JD ❑ Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted 9 9 p ----- ---- - The legislation allows additional fees,not to exceed 50%of the original Ex rerip) viewe rim a�pli atron fee, to be charged for subsequent reviews due to the insufficiency of the per lic twps `"' 11 11 For D iv'R use or;iy � F� j nun C , SUBMITTAL DATES: Fee Split for multiple permits: D I V i S I O►a O F SW $ COASTAL MANAGEMENT CAMA $ LQS $ Total Fee A n ,Dec 20 04 11 : 17a Phillip Tripp 910-763-5631 p, 3 p r 1 y + 'i e Z:j r. y MAR 4 2005 September 30, 2004 Mbfeft d Gl y DCM Stormwater Narrative The Palms at Long Bay H I Oak Island. NC ;AN 1 4 2005 DIVISION OF COASTAL MANAGEMENT The Palms at Long Bay is an existing 3.17 acre tract. A residential condominium complex of 53,868 sf with 43,261 sf of asphalt parking and access area, and 6,651 sf of concrete sidewalk is proposed. Total impervious area for the site is 103,780 sf or 75.16%. The site is considered high density and will be treated by an open infiltration basin. The proposed system will be sized to meet the states 1.5" requirement. Due to the beach sand soil type, a high infiltration rate of 26 inAu is provided. Sand fill is proposed for the elevation of the site surrounding the basin. This will maintain the required 2 ft separation from the bottom of the basin to the seasonal high ground water table. The site drains to a tributary of the ICWW, classification SA-ORW. o I�J,k i3�1�1 g� A11AJ o 12, 13 q 5 �r0los"i9A I-OT 65�0 V�"J PROJECT DESCRIPU0 MAR 4 2005 ,rt� Moreho,aid Cay vi�1 PROJECT' LOCATION. 120 SE 58 STREET OAK ISLAND, NORTH CAROLINA 28465 The project will include the construction of54-condominium units with a common swimming pool and hot tubs. There will be four (4) buildings constructed with an average of 14�units per building. This 3.17 acre site was originally developed by Mr. E. G. Dale in the late 1970's and early 1980's. The original development included a minature golf ( Putt-putt ) course, arcade building, bumper boat ride and a small go-cart track. In the 1990's, everything except the Putt-Putt course was abandoned. There may be an existing CAMA, Permit on file for the original development. Philip N. Schroeder M. C. Schroeder Company, Inc. 1240 Eaglecrest Drive Stanley, North Carolina 28164 Phone: 704--822-8025 Fax: 704-822-8119 Mobile: 704-301-2786 Email: I'HiLATTHELAKE@aol.com 12% TO IAN GOP DIVISION OF COASTAL N1AN.AGEIVENT i DIVISION OF COA - AL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT:M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long Bay 2) County: Brunswick LOCATION OF PROJECT: 120 SE 58d' Street, in Oak Island - -� CIA DATE APPLICATION RECEIVED COMPLETE BY FIELD: 01-19-05 y FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No JAN 2 4 Z005 CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes 11 r®head City DCM FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: 1 mington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: blAkIlps FEE REC'D:$ Loy PUBLIC NOTICE REC'D: QlLz yh 5 END OF NOTICE DATE: OZ/14165 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: l� yfo3 C) 75 DAY DEADLINE: 0 jq4j p q 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) M.C. Schroeder Company Cama Major permit application,AID 200... Subject: M.C. Schroeder Company Cama Major permit application, AID 200500378 From: "Wicker, Henry M JR SAW" <Henry.M.Wicker.JR@saw02.usace.anny.mil> Date: Wed, 26 Jan 2005 15:46:02 -0500 To: <Jason.Dail@ncmail.net> Jason, I have reviewed M.C. Schroeder Company Cama Major permit application and determined there are no regulated impacts pursuant to Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. Therefore there will not be any permits required by the Corps for this project. See ya Henry «NPR-500378.doc>> Content-Description: NPR-500378.doc NPR-500378.doc Content-Type: application/msword Content-Encoding: base64 t �7�yt', NIAR 4 2005 Moreheau ut 1 of 1 1/27/2005 8:11 AM _______________________________ EXPRESS PERMITTING The attached application is being processed through the NR Express listed Permitting Prograbe m. As such,failure to respond to the Wilmington Regional Office by trued as a no comment. The Express Permitting Program does not allow for extensions cons during the comment period. ---------------------r_- .-�zTTor(uiIlIHCnrana Natural Resources rt ; Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit January 19, 2005 MEMORANDUM: C IS TO: Linda Lewis or �tir,i� Joanne Steenhuis 42005 Division of Water Quality More head Q. FROM: Jason Dail Express Permitting Co-Ordinator J1EC CAMA/DREDGE& FILL Permit Application Review Applicant: M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long Bay Project Location: 120 SE 58t' Street, in Oak Island, Brunswick Co. Proposed Project: The applicant proposes to develop the tract by constructing four(4)condominium buildings with associated driveways,parking areas,pedestrian accesses,utilities,swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. JjQ cEKT, REPLY: �_ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. Z ! -r, This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED a.1 DATE 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 n�___. n4n nne onnn%CAV- non I)rn 1)0n,l I In torn o+• %AAA,.)nrrn-me tnImnnnnoman t not A'5 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit January 19, 2005 Jason Epley -,, r.,,�_ Division of Community Assistance Fayetteville Regional Office �Zyl TO: 225 Green Street, Suite 202 Fayetteville,NC 28301 MAR 4 2005 FROM: Jason Dail Morehead Q-ty Express Permitting Co-Ordmator t SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long Bay Project Location: 120 SE 58`I' Street, in Oak Island, Brunswick Co. Proposed_ Project: The applicant proposes to develop the tract by constricting four(4)condominium buildings with associated driveways,parking areas,pedestrian accesses,utilities,swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. l SIG <D DATE 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004'' Internet: tivww.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer 50%Recycled\10%Post Consumer Paper b 'd GEG2-GEtr-0T6 jawo-4sn2J p9jja,4ajd d8S =20 g0 b0 qad t NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management TITP1-7 4 ; Michael F. Easley, Governor Charles S.Jones, Director William G. Ross Jr., Secretary_6 _Express Permit �� MAR 4 2005 January 19, zoos Morehead City DCM MEMORANDUM: TO: Fritz Rohde For Preston P. Pate, Jr.,Director Division of Marine Fisheries FEB — 2005 FROM: Jason Dail D► T-H A R!T.AT Express Permitting Co-Ordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long Bay Project Location: 120 SE 58 h Street, in Oak Island, Brunswick Co. Proposed Project: The applicant proposes to develop the tract by constructing four(4)condominium buildings with associated driveways,parking areas,pedestrian accesses,utilities,swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. i SIGNED DATELf� �^ 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanaaement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper MAR 4 2005 __._'�= it pcM . r NCDENR .,. North Carolina Department of Environment and Natural Resources . Division of Coastal Management Lo 0 3 2005 Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Ex ress FermR �- O eheaai city DCM Lk 01- i � January 19, 2005 FEB 2 MEMORANDUM: Q VY iSH SANITATION ' M TO: Patty Fowler JAM 20� NCDENR-Division of Environmental Health tion �kEll.FISH c If gNITgT1oN FROM: Jason Dail Express Permitting Co- ator j f �� SUBJECT: CAMA/DREDGE&FILL Permit Application iewFEB 0 8 2005 Applicant: M.C. Schroeder Co.,Inc. c/o Phil Schroeder for The lb�qfgftg Bay Project Location: 120 SE 58a' Street, in Oak Island, Brunswick Co..COASTAL Mq AOEMENT Proposed Project: The applicant proposes to develop the tract by constructing four(4)condominium buildings with associated driveways,parking areas,pedestrian accesses,utilities,swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 9 This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ' DATE �� 5 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper FEB0 1 200 `�U, NCDENR 5 North Carolina Department of Environment and Natural Resources �� Division of Coastal Management [)CM Michael F.Easley, Governor s S. Jones, Director William G. Ross Jr., Secretary r Express Permit January 19 2005 005 U MEMORANDU S jQi l OF NT TAB M p1V1 ANAGVE D TO: C96e I3enderson J A N 2 4 2005 NC De t. of Administration ice - t_c l r l nn .; 4 J FROM: }}� Jason Dail Express Permitt' o-Ordinator WR 4 2005 SUBJECT: GE&FILL Permit Application Review Moruhuad City DCM Applicant: M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long Bay Project Location: 120 SE 58 h Street, in Oak Island, Brunswick Co. Proposed Project: The applicant proposes to develop the tract by constructing four(4)condominium buildings with associated driveways,parking areas,pedestrian accesses,utilities,swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED U L ATE a FS S 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper ---------------------------------- --- v EXPRESS PERMITTING The attached application is being processed through the DENR Express Permitting Program. As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensions during the comment period. -------------------- Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit January 19, 2005 E 0 KV E MEMORANDUM: BAN 2 0 20M TO: Dan Sams DIVISION OF For James Simmons COASTAL MANAGEMENT Division of Land Resources FROM: Jason Dail Express Permitting Co-Ordinator MAR 4 2005 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Wruhead City DCM Applicant: M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long Bay Project Location: 120 SE 58`t' Street, in Oak Island, Brunswick Co. Proposed Project: The applicant proposes to develop the tract by constructing four(4)condominium buildings with associated driveways,parking areas,pedestrian accesses,utilities,swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. orosa._ n.tctSSa.r••�� 1�� T*�•s 't ts�sc� This agency objects to the project for reasons described in the attached comments. SIGNED DATE Nrw 9 Zoos 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper .y R MAR 4 2005 NCDENR Nlorehead City DCM North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Dfrdctor William G. Ross Sr., Secretary Express Permit �, *q"`? January 19, 2005 - r C ' JAN 24 2005 MEMORANDUM: '�7dg1Cb;��S� ✓k11;:'�OFFICE TO: Renee Gledhill-Early 0 NC Dept. of Cultural Resources Archives &History �jFROM: Jason Dail A- Express Permitting Co-Ordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review 1zwL m Applicant: M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long�ft4a S Project Location: 120 SE 58t' Street, in Oak Island, Brunswick Co. Proposed Project: The applicant proposes to develop the tract by constructing four(4)condominium buildings with associated driveways,parking areas,pedestrian accesses,utilities,swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED v ATE 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanaoement.net JAN 2 G 2005 An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper EXPRESS PERMITTING The attached application is being processed through the-RENR Express Permitting Program. As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensions during the comment period. ------------- ----u�- rnT�ucNaii1✓rfrUrt_nVirOflf ent a—nd-Natu ralResources Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit January 19, 2005 F ((-% i _'-EI V---��� JAN 1 9 2005 MEMORANDUM: JAN 2 120 TO: Linda Lewis DIVISION OF or COASTAL MANAGEMENT Joanne Steenhuisv � Z/ Division of Water Quality FROM: i Jason Dail � - Express Permitting Co-Ordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long BayCity DCM Project Location: 120 SE 581h Street, in Oak Island. Brunswick Co. Proposed Project: The applicant proposes to develop the tract by constructing four(4)condominium buildings with associated driveways,parking areas,pedestrian accesses,utilities,swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. /0r,77 wafer- 46-, f REPLY: This agency has no objection to the project as proposed. /n PrxeSS U17C4�,— This agency has no comment on the proposed project. L�C�i'rzSS- This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � G v ���% DATE l_2U CUB 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanaaement.net An Luai Ccoortunity 1 Affirmative Action Emclover—50%Recycled 110%Post Consumer Paper p 1 �O-f ZmS -- /73 I� ENR FEB 17 Zoos North Uarolma UePartmenrbrtnvironment and N Q� N OF Division of Coastal Management AGENIENT Michael F.Easley,Governor Charles S.Jones, Director William G.Ross Jr., Secretary Express Permit January 19, 2005 MEMORANDUM: TO: Bennett Wynne NC Wildlife Resources Commission MAR 4 2005 FROM: Jason Dail Morehead Giiy DGIA Express Permitting Co-Ordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long Bay Project Location: 120 SE 58`h Street, in Oak Island, Brunswick Co. Proposed Project: The applicant proposes to develop the tract by constructing four(4)condominium buildings with associated driveways,parking areas,pedestrian accesses,utilities,swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the os ro p p ed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED / DATE wG � v! fi4 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Dh.,. non 3ne n.,.,,., - -- T77 � MAR 4 2005 Morehead Grcy Dc k, ��r A"'Dell CONDITIONAL USE PERMIT NUMBER CUP-9-04 (Council Agenda Item V.3. 10/12/04) GRANTED in accordance with the provisions of the Town of Oak Island zoning ordinance, and the wastewater allocation approved on March 9, 2004 for the specific site, the Town Council has conditionally approved a request for 54 condominium units to be developed at a location addressed as 120 SE 581h Street and further identified as Brunswick County tax parcel number 250AGO0937 based on the following findings: A. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted under certain conditions herein stated. B. That the use will meet all required conditions and specifications, including all local, state and federal standards for such development, as well as the following additional conditions: 1. Relocate handicap parking spaces in Phases 1 and 3 to accommodate emergency access to the interior of the project. 2. Install a hydrant on the southeast corner of the property and relocate existing hydrant on the northwest corner of the property. 3. Provide 6 inch water line loop from approximately the existing pump station across the property to 58th Street per the Director of Public Utilities. 4. Relocate the existing 18 inch concrete culvert and provide the Town an access easement for maintenance of the pipe. 5. Construction access only to SE 59th Street until paved. 6. Close the southeast drive cut shown on the plans. 7. Address emergency access to the interior of the project to the satisfaction of the Fire Chief, including appropriate turn radius to access the interior of the project. 8. Limit the number of units to 54, based on published standards. 9. Add 15 unassigned, common parking spaces for visitors. 10. Obtain NCDOT driveway permits for access on SE 58th Street. 11. Protective fence is required for swimming pool. 12. Provisions of the flood ordinance for construction in VE zones must be met. 13. A CAMA permit will be required because of subject location being in Flood High Hazard zone. 14. If final stormwater management plan requires substantial redesign of the site layout, the conditional use permit will be null and void. 15. Dumpster area will be enclosed on three sides to mitigate visual impacts on neighboring properties and to reduce blowing debris. 16. Buffer is required for adjacent commercial properties in accordance with Sec. 18-281 of the Code of Ordinances. C. That the use will not substantially injure the value of adjoining property, if developed under conditions as stated in Item B. D. That the location and character of the use, if developed according to the plan as submitted and approved under conditions stated in Item B, will be in harmony with the area in which it is to be located and in general conformity to the land use plan. These findings having been handed down by official action of the Town Council of the Town of Oak Island on the 12th day of October, 2004, after a duly conducted public hearing. (seal) (Town Clerk) Please Note: This action establishes a vested right to undertake and complete the development and use the property in accordance with this approval. Failure of the landowner to comply with the terms and conditions of approval will result in forfeit of vested rights. The ��,�- -,. ; right is vested for a period of 24 months and may, under circumstances sfiecifted in the rf ! code of ordinances, be considered for extension to 5 years. MAR 4 2005 2 Morehead City DCM r TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 t— Phone: (910) 763-5100 FA_X: (910) 763-5631 September 30. 2004 NCDENR Division Water Quality 127 Cardinal Drive Wilmington, NC 28405-3845 MAR . 4 2005 Attn: Cameron Weaver More head City ®C Re: The Palms at Long Bay Oak Island,NC TE 04085 Dear Mr. Weaver: We are requesting the above referenced project be scheduled for the express review process (stormwater, erosion control and CAMA). The Palms at Long Bay is a 3.17 acre site in Oak Island proposed for a high density condominium complex. Stormwater will be handled by an on-site open infiltration basin. M.C. Schroeder Company. Inc. 1240 Eagle Crest Drive Stanley,NC 28164 Phone: 704-822-8025 Fax: 704-822-8119 Our,application package will be ready and in your office on September 30, 2004. Please inform us of the time which fits into each individual reviewer's schedule. Thank- You. Sincerely, Tripp Engineering, P.C. Charles D. Cazier, E.I. OF MEND CDC:dcb � � Q,G� \ n a z� E y I V MAR 4 2005 NCDENK North Carolina Department of Environment and Natural Resourc erehead City DCM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 19, 2005 FAX: 910-754-5407 2 Pages Brunswick Beacon Ms. Carolyn Sweatt Legal Advertisement Section Post Office Box 2558 Shallotte, North Carolina 28459 Re: Public Notice - M.C. Schroeder Co., Inc. c/o Phil Schroeder for The Palms at Long Bay Dear Ms. Sweatt: Please publish the attached Notice in the Thursday, January 27, 2005 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Please also send a copy of the affidavit to DCM, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, 'Bever, Riv bark Coastal Manageme t Admin. Assistant Enclosure cc: Doug Huggett Ted Tyndall File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF MAR 4 2005 APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT Morehead City L)�10 The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on January 14, 2005. According to said application, M.C. Schroeder Co., Inc. c/o Phil Schroeder for the Palms at Long Bay, proposes to develop the tract by constructing four (4) condominium buildings with associated driveways, parking areas,pedestrian accesses, utilities, swimming pool and pool house, located at 120 SE 581h Street, Oak Island, Brunswick County. A copy of the entire application may be examined or copied at the office of Jason Dail at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557, prior to February 16, 2005, 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 this matter will be provided upon written request. A-A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 19, 2005 � M.C. Schroeder Co., Inc. C/o Philip Schroeder NEAR 4 2005 1240 Eaglecrest Drive Stanley,NC 28164 MOreheed City DCIVI Dear Mr. Schroeder: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the subject property located 120 SE 58`h Street, in Oak Island, Brunswick County. It was received as complete on 1/19/05,and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Process. Under this expedited process, the projected date for making a decision will be around 2/19/05. 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 SE 58`h Street. Some examples would be:Nailing the notice card to a telephone pole or stake along the road right-of-way fronting your property. Failure to post this notice could result in an incomplete application. Sincerely, J on Dail CM Express Permit Coordinator cc: Doug Huggett,DCM Ted Tyndall, DCM Steve Edwards, LPO Henry Wicker, COE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax:,910-350-2004\Internet:www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper ® 1E c"i N o r i 0 AMA MIT AP LIE F P OJECT: /t -a r►S�f G� ad .J d o •n • I1 v use. aFcd a4 A&&(If r4VrAJ A C.C*fr*i' A.- x 4 . G COMMENTS ACCEPTED THROUGH �i- APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: /z o .SE ",f-—fly"fhi AIC o 70Y-Sol - ;L78L -mil of j 1�'•L COMPLETE ■ Complete items 1,2,and 3.Also complete A item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X Si re ,—. / �Q �Addresses- Attach so that we can return the card to you. c ■ this card to the back of the mailpiece, B.Received by(Printed Name) C slivery 6�7_7- or on the front if space permits. T� D.Is delivery address different from Item 1 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑Na : . o a8 N S 3. Service Type aJ A A bXCertlfi ❑ad Mail ❑Express Mail J IICU /V���1� c m ❑Registered Return Receipt for Merchandise Q 9 ❑Insured Mail ❑C.O.D. Q'J 4. Restricted Delivery?(Extra Fee) ❑Yes 2.Article Number -�J (Transfer from service lab 7004 0550 0000 8670 9335 0 - __ L PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; •j=l; COMPLEM MIS SVCttbN• Ite Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X 1■ Print your name and address on the reverse CL 14 (/ (,Q Addressee so that we can return the card to you. B. Rece' ed by(Pri d Name) C. D t�of lr Q ■ Attach this card to the back of the mailpiece, • Da7 of Delivery _= 0 or on the front if space permits. i 0 4-0 D. Is delive address different from item 1 ❑Yes �c 1. Article Addressed to: l i 1 If YES,enter delivery address below: ❑No 14 *a./ Mir . RIAN (< v 2 z� N� 6 3 3Te�r t//y /tG C 3. ervice Type "j 1 Certified Mail ElExpress Mall Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service 7004 1350 0005 2384 5021 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ri1 •.hteaftc Mall • Ln m 1 r1i Postage $ U-I Certified Fee Postmark r-3 Return neciept Fee C3 (Endorsement Required) 1 C Here O Restricted Delivery Fee } ul (Endorsement Required) m rq Total Postage&Fees $ f .:I" _ Sent o ---------pt o---------------------------_--------------------------------------------- r� orreef.Apf.No.; �/ or PO Box No. -------_�--- ------------------------- ---------- fare, < l� ------- ---------- --- -------- City,S ZIP+4 �- / D � :rr rr . - im . ■ Complete iw,ns 1,2,and 3.Also complete 7A. Signat eitem 4 if Restricted Delivery is desired. ❑Agent ® ■ Print your name and address on the reverse iL ❑Addressee o so that we can return the card to you. ecei d by( te� re) I C.tDate of Delivery N .f.. ■ Attach this card to the back of the mailpiece, r C or on the front if space permits. J _ D. Is delivery address different from item 1? ©Yes 1. Article Addressed to: C l If YES,enter delivery address belovy: �. BOY, z � �_) a: (01 3. ���Service Type Ij j uU Certified Mail ❑ ERp ess Mail a Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7004 1350 0005 2384 5 014 PS Form 3811,February 2004 Domestic Return Receipt • 102595-02-M-1540 UA P, o (bCPH69Wd 10811 • Ln m ru Postage $ ul Certified Fee 9 " E3 17 ) Return Reciept Fee Postmark C3 (Endorsement Required) rl �� Here O Reshicted Delivery Fee t.rj (Endorsement Required) m Total Postage&Fees $ L r3 Sent Io MR G- LE �A ---------------------- Iti Street,Apf.No.; 'y ^ - ------------------------ St Box No. U �) ------------------------------------------- --- --------- - City,State,ZIP+4 -io/28/2003 Brunswick County—Register of Deeds ' Robert J. Robinson $1,400.00 3 Inst 1183483 Book 1848Page 1185 10/27/2003 03:16:49pn Rec/ UNp �. �; Real Estate O } 6�P.F1 r ExCi^,e Tzx *,,tj RET �,OTAL RE N��CK AMT REC BY CASH TS AUX CON GccR PCL ZPL Prepared by: Robert K. Serra,Attorney G1..�50 Serra Law Firm,PLLC MAP MPSUF BLK PIN SUF INT File#9250 Revenue Stamps: $1400.00 Parcel#P/0 250 AG 009 STATE OF NORTH CAROLINA J A N 2 4 Z 0 05 COUNTY OF BRUNSWICK WARRANTY DEED MoreheadCity DCM This Deed made this 2—� day of , 2003, by and between & H INVESTORS, INC., a NC Corporation, Grantor and M.C. SCHROEDER COMPANY, INC., a NC Corporation, Grantee; of 1240 Eagle Crest Dr., Stanley, NC 28164. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Township of Smithville, County of Brunswick, State of North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. The property hereinabove described was acquired by Grantor by instrument recorded in Book 475, Page 232, Brunswick County Registry. Grantor attests that Maintenance,Incorporated changed its name to D&H Investors,Inc. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all and appurtenances thereto belonging to the Grantee in fee simple e ran . privileges a pp 0 M�NT n NS�`� M AN Pc Inst 1 183483 Book 1848Page: 1186 And the Grantor covenants with the Grantee, that the 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 except for the following exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: T7�m�r t 1. Easements for utilities and rights of way in the chain of title. y 2. Restrictive covenants of record, if any. JAN 2 4 2005 IN WITNESS WHEREOF,the Grantor has caused this instrument to be sM-rQhQaG1 City DCM in its corporate name by its duly authorized officer and its seal to be hereunto affixed by authority of its Board of Directors,the day and year first above written. D&H INVESTORS,INC. BY: tit..' PRESIDENT :r`h y�j' �' (CORPORATE SEAL) li> a -U i STATE OF NORTH CAROLINA **** COUNTY OF BRUNSWICK '''�w06006400 w,. Personally came before me, a Notary Public in and for the State and County aforesaid, E W�—: , who, being by me duly sworn, says that he is President of D & H INVESTORS, INC., a NC Corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said writing was signed and sealed by him on behalf of the said corporation by its authority duly given. And the said President acknowledged the said writing to be the act and dyed of said corporation. WITNESS my hand and seal this _� day of o c�A,pj ,2003. My Commission expires: NOTAR PU8LIC SEAL. -ortn Carolina !<Ct nsvA ' terra (NOTARY SEAL) ryes v27 s STATE OF NORT14 CAPOT WA ****« rnT TXT-ry nr. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK ROBERT K. SERRA The Foregoing(or annexed)Certificate(s)of OVA �) V ies Public is(are)Certified to be Correct. 27th October 0 Notary( ) This Instrument was filed for Registration on this Day of "INgSON, in the Book and page shown on the First Page hereof. I `rRO E\ egister of Deet� C J C'0 Ns- P M • 1`e+i r � jj V EXHIBIT A ?n05 (3.17 acre tract) Inst # 183483 Book 1848Page: 1187 Morehead City DCM BEGINNING at an ERB located in the eastern right of way line of SE 58th Street, Oak Island, a 60 foot wide right of way, said ERB also being the northwest corner of Phase 3, Southern Shore Villas Condominium, as shown on a plat recorded in Condominium Book 9, Page 182; said point also being located north 19 degrees 59 minutes 13 seconds east 301.86 feet from a R.R. spike in the centerline - centerline intersection of SE 58th Street and E. Beach Drive. Then from the BEGINNING point north 14 degrees 17 minutes east 350 feet and along the eastern right of way line of SE 58th Street to a NRB; then along a new line south 75 degrees 22 minutes east 395 feet to a NRB in the western right of way line of SE 59th Street (a 60 foot right of way); thhen along the western line of SE 59th Street, south 14 degrees 17 minutes west 350 feet to an ERB in the north east corner of Tract A conveyed to the Southern Shore Villas Condominium Owners Association by deed recorded in Book 1519, Page 395, Brunswick County Registry; then north 75 degrees 22 minutes west 395 feet and along the northern line of Tract A and Phase 3, Southern Shore Villas, to the place of beginning and being all of that 3.17 acre tract of land shown on a survey by McHenry Surveying dated August 6, 2003 which is incorporated herein by reference. This tract is part of the property acquired by Maintenance Incorporated (now known as D & H Investors, Inc.) by deed recorded in Book 475, Page 232, Brunswick County Registry. BSI. O 005 �QNg52 �S�AN GEMENT Cop,s1A� M