42-05 TX Amended 06/2016 Sunset Beach Holdings II, LLC

Permit Class Permit Number
TRANSFER 42-05
(AMENDED) STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
COPY
for L
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Sunset Beach Holdings II, LLC, 2411 North Oak Street, Suite 403, Myrtle Beach, SC 29577
Authorizing development in Brunswick County at adj. to unnamed canal &Jink's Creek, eastern end of
Riverside Dr. as requested in the permittee's application letter dated 01/09/15.
This permit, issued on June 24, 2016 , 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.
r NOTE: This Amended permit corrects the project location that was incorrectly listed on the transfer
x
issued on 2/18/16.
1) This transfer must be attached to copies of the following attached permit documents,sv� -Gelb 4mD
application forms and workplan drawings:
a. Transfer of Permit No. 42-05 issued on 11/20/14; JUL 18 2016
b. The Minor Modification/Renewal issued on 1/21/14;
c. The Minor Modification issued on 12/16/14; DC M- M H D CITY
d. The Major Modification issued on 6/27/07.
x 2) Copies of all referenced documents shall be readily available on site when a Division representative
inspects the project for compliance. In accepting this transfer,the new permittee agrees that all conditions
and stipulations of the active permit remain in force.
NOTE: A transfer application processing fee of$100 was received by DCM for this project.
Y This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date.
This permit must be accessible on-site to Department Y
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered Braxton ''Davis, Director x
hereunder requires further Division approval. ivision of Coastal Management
All work must cease when the permit expires on This permit and its conditions are eby accepted.
December 31, 2016
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. y Signature of Permittee
IN

PAT MCCRORY
Governor
?,a
DONALD R. VAN DER VAART
Secretary
Coastal Management
ENVIRONMENTAL QUALITY BRAXTON DAVIS
Director
June 27,2016
Sunset Beach Holdings II, LLC
2411 North Oak Street, Suite 403
Myrtle Beach, SC 29577
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act,and
where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal.The
original(buff-colored form)is retained by you and it must be available on site when the project is
inspected for compliance.Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS
113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,NC 27611-6714,
[phone] within twenty(20)days of this decision on your permit.You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty(20)days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications,time extensions,and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans,as approved.If you are having the work done by a contractor, it would be to your
benefit to be sure that he fully understands all permit requirements.
From time to time,Department personnel will visit the project site.To facilitate this review,we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions,environmental safeguards, or problem areas,you may
contact Department personnel at any time for assistance.By working in accordance with the permit,you
will be helping to protect our vitally important coastal resources.
Sincerely,,
v �l
Douglas V.Huggett
Major Permits Manager
N.C. Division of Coastal Management
Enclosure
Nothing Compares-"--"-�-
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City,NC 28557
252-808-2808 T

DCM Coordinator: Permit#: 2
MAILING DISTRIBUTION SHEET �l1
Permitee -e 6&ZCh RO[ok '
Agents:
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
William Westcott(NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Tyler Crumbley
Liz Hare
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Heide Cox (WIRO)
Joey White (WARD)
DCM/ Shane Staples
Fisheries Specialist Gregg Bodnar
NC DOT: Ben Hughes
DMF/
Shellfish Sanitation: Shannon Jenkins
State Property: Tim Walton
Water Resources: Karen Higgins (Raleigh)
John Hennessy(NC DOT)
Washington: Anthony Scarbraugh-401
Wilmington: Joanne Steenhuis—401
Chad Coburn- 401
DEMLR
Washington: Scott Vinson-Stormwater
Wilmington: Georgette Scott- Stormwater
Wildlife Resources: Maria Dunn
LPO:
Fax Distribution: Permitee#:
Agent#:

Spears, Courtney
From: Snider, Holley coa 9nJlviar
Sent: Thursday, October 29, 2015 8:59 AM
To: Spears, Courtney /I� g;C� V6
Cc: Christine, Goebel, /
Subject: RE: Riverside drive plans 1 r
Attachments: DOC102815.pdf �1a,VZ Gt)p1QS 6'C
Good Morning Courtney, - �rU��yy u S Ut�.f�
Christy(cc'ed) and I have each scoured the files and compared the drawings. As I previously stated, I have never been
able to match the permit drawings in the file to the drawings that are listed on the original Express Permit 42-05. And
the drawings that are attached match the drawings that are in Christy's files in Raleigh. Her files in Raleigh contain the
drawings that were filed in the court case and support the AU's decision. Therefore,the drawings that are listed on e
original permit are not the drawings that accurately depict the development plans. (the attached drawings do am not
sure how to rectify the issue, I would consult with Doug. Thank you for helping figure this out. I ho"is-information is
helpful. Please feel free to call or email me if you have any questions or I can be of ass is eTo--y—ou in any way.
Sincerely,
Holley Snider Qxr
Field Representative V�Q
NC Division of Coastal Management �ri JS
NC Department of Environmental Quality - AIsD CGTY► f zti�c�
127 Cardinal Drive Extension
Wilmington, NC 28405 Asw D&d
Phone: [phone], Fax: [phone]
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E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties. (�� �,t-� D, vfz) �S(e
Be Green- Don't print this e-mail unless required. ifs'
���ullIvI S j"�`
-----Original Message----- IN� e f (o Q�_ as
From: Spears,Courtney uy�,L d (h fl d"`J S
Sent: Friday, October 23, 2015 12:33 PM t
To: Goebel, Christine<[e-mail]>; Snider, Holley<[e-mail]> (��1 a�� y
Cc: Huggett, Doug<[e-mail]>; Wilson, Debra <[e-mail]> �'u�
Subject: RE: Riverside drive plans I��1
a)-e w r zd ova
Hi Christy, f.2 S C ,Vq -fVL-
Thank you so much for looking into this I appreciate your help very much (and Holley's too!). I looked tvrougM1 the
pictures you sent and from what I can tell most of those files are dated 11/24/04. For the transfer, I am looking for four
permit drawings with the following "titles" and dates:
- Permit drawing numbers 2 of 6, 3 of 6, and 5 of 6 dated revised 10/27/04
- Permit drawing 3 of 6 dated revised 11/5/04
-Corps of Engineers Wetlands Delineation Map dated 9/17/04
These were the drawings that were specifically listed on the original Express Permit issued on March 23, 2005.
1

Thank you!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 office
[e-mail]
400 Commerce Avenue
Morehead City, NC 28557
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message-----
From: Goebel,Christine [mailto:[e-mail]]
Sent: Friday,October 23, 2015 11:17 AM
To: Spears,Courtney<[e-mail]>;Snider, Holley<[e-mail]>
Cc: Huggett, Doug<[e-mail]>;Wilson, Debra <[e-mail]>
Subject: FW: Riverside drive plans
Courtney and Holley-
This is what I found in the BEAT case file from 2005 (attached pics of the plans I have)
HOWEVER, my admin who went to Archives says that the "new guy"there has no idea what he's doing and she thought
these might not be all the files. I looked, and she's right. All I got was the file from DCM for the 3rd party. I didn't get
the files from the whole hearing we had, and that would have had the info in them about how the developer dropped
out the last lots which were in the Inlet Hazard AEC because we didn't want to litigate the "growth inducing" rule in this
case. I'm not sure I was ever involved in the process to add those lots back in, but will see if I can get the rest of the case
files to see if maybe I was copied on that.
I've asked her to go back to Archives and look harder for the rest, but let me know if this is what you were looking for or
not.
Christy
-----Original Message-----
From: Christy Goebel [mailto:[e-mail]]
Sent: Friday, October 23, 2015 11:08 AM
To: Goebel,Christine
Subject: Riverside drive plans
2