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HomeMy WebLinkAbout42-05 Minor Mod./Renewal 01/2014 Tidal Ventures, LLC Permit Class _ Permit Number MODIFICATION/MINOR 42-05 RENEWAL STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission .erns 't t for 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 Tidal Ventures,LLC c/o Sammy Varnum, 1574 Monster Buck Estates, Supply,NC 28462 Authorizing development in Brunswick County at adjacent to an unnamed canal & Jink's Creek at the eastern end of Riverside Drive, as requested in the permittee's letter dated received in the Morehead City office on 10/15/13, including the attached workplan drawing(1), dated revised 9/20/13 This permit, issued on January 21, 2014 , 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. Kayak Launch/Boardwalks/Observation Platform 1) Unless specifically altered herein, this minor modification/renewal authorizes the observation platform, boardwalks and kayak access piers and uses located in or over the water that are expressly and specifically set forth in the attached permit drawing. No other structure, whether floating or stationary, shall become a permanent part of this development without permit modification. No non- water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) The alignment of the permitted boardwalk and kayak access piers shall be staked by the permittee and approved on site by a Division of Coastal Management representative prior to initiation of construction. (See attached sheet 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 r /f personnel when the project is inspected for compliance. / i Any maintenance work or project modification not covered t Braxton C. Davis, Director hereunder requires further Division approval. vision of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby 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. Signature of Permittee Tidal Ventures, LLC c/o Sammy Varnum t Permit#42-05 Page 2 of 2 ADDITIONAL CONDITIONS 3) Any portion of the permitted observation platform, boardwalk and kayak access piers built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) This permit does not authorize any formalized boatslips. General 9) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 11) All conditions and stipulations of the active permit remain in force under this minor modification/renewal unless specifically altered herein. 12) This minor modification/renewal shall be attached to the original of Permit No. 42-05, which was issued on 3/31/05, the Major Modification issued on 6/27/07, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 22, 2014 Tidal Ventures,LLC c/o Sammy Varnum 1574 Monster Buck Estates =� Supply,N.C. 28462 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,(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. :V 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.Howe4er, if questions prise 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, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave.,Morehead City,NC 28557 Phone:252-808-28081 FAX:252-247-3330 Internet:www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer �y DCM Coordinator: '�w2<< Permit#: MAILING DISTRIBUTION SHEET Permitee: ���� �}e�.e.�re� L L c— Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washn tion ntonAli mig l� US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott(NC DOT) Bill Biddlecome(NC DOT) Wilmington: nil Swr �- Cultural Resources: Renee Gledhill-Early or(environmental.review@ncdcr.gov) Public Water Supply: Debra Benoy (WIRO) Joey White (WARD) NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy(NC DOT) Washington: Anthony Scarborough Wilmington: Joann is—40✓ ad Coburn- 40 Linda Lewi - Stormwater Wildlife Resources: Maria Dunn(WARO) LPO: Fax Distribution: Permitee#: Agent#: 4J DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON,NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: February 26, 2015 Regulatory Division Action ID No. SAW-2007-02111 and State Permit No. 42-05 Mr. Franciso Zarate Sunset Beach Holdings II, LLC. 2120 Sea Mountain Highway, Suite 1200 North Myrtle Beach, South Carolina 29582 Dear Mr. Franciso: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to transfer Department of the Army(DA)permit originally issued to Tidal Ventures to Sunset Beach Holdings II, LLC. This permit authorizes the construction of a boardwalk and a kayak access pier at the eastern end of Riverside Drive, adjacent to an unnamed canal and Jink's Creek, in Sunset Beach, Brunswick County,North Carolina. The proposal continues to be consistent with the provisions and objectives of general permit No. 197800056 (enclosed). The permit is hereby transferred. It is understood that all other conditions of your permit remain applicable and the permit will expire December 31, 2016. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, at telephone (910) 251-4170. Sincerel(� . G Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Enclosure GP56 Conditions RECEIVED MAR 0 2 2015 -2- Copies Furnished(without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington,North Carolina 28405 RECEIVED MAR 0 2 ZU15 M°oMbl"14M PITY NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director 4 tk4 Secretary MEMORANDUM lU/Z TO: Doug Huggett/Jonathan Howell Permits Section FROM: Holley Snider DCM, Field Representative,Wilmington THRU: Debra Wilson �.1) DCM, District Manager, Wilmington DATE: October 8, 2013 SUBJECT: Request for Minor Modification and Renewal of State Permit#42-05 Tidal Ventures, LLC- Riverside Drive Subdivision Sunset Beach, Brunswick County Mr. Sammy Varnam, of Tidal Ventures, LLC, is requesting a renewal and minor modification of State Permit#42-05. State Permit#42-05 was issued to Tidal Ventures, LLC c/o Sammy Varnam on May 31, 2005 for the establishment of the Riverside Drive Subdivision,to include the construction of an access road and associated grading, bulkhead construction and utilities installation. State Permit#42-05 was modified on June 27, 2007 for the construction of a storm water system and boardwalk. State Permit#42-05 was due to expire on December 31, 2012. This permit is subject to extension by the Session Law 2009-406, and as amended by Session Law 2010-177, the Permit Extension Act, therefore the permit is now due to expire on July 5, 2014. The permitted states that the project has not been completed due to market forces and the need to obtaining other relevant and necessary permits. The permitted has recently received approval for the wastewater treatment system and anticipates completing the project within the next two years. Development of the project site has been limited to bulkhead construction. The permitted is also requesting that the permit be modified to allow for the construction of an observation platform, boardwalk and a kayak access pier. The proposed observation would be located on the northeast corner of the larger high ground hummock approximately 60 feet from the mean high water mark and would measure approximately 24 feet wide by 24 feet wide. The proposed boardwalk would connect two high ground hummocks, would measure approximately 150 feet in length by 6 feet in width and would be elevated a minimum of three feet above the wetlands substrate. The proposed kayak access pier would extend from the northern most hummock and would extend to the northeast toward a small tidal creek. As proposed the kayak access pier would measure approximately 150 feet in length and 6 feet in width and would terminate at a 6 feet . RECEIVED OCT 15 2013 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www,nccoastalmanagement.net DCM-MHD CI'[y An Equal Opportunity 1 Affirmative Action Employer r r PAGE 2 • r wide by 30 feet in length shore side pier that would provide access for kayaks to the tidal creek which is contiguous with Jinks Creek and the Atlantic Intracoastal Waterway. The applicant has not indicated the water depths in this area and no dockage is proposed. A check (ck#6759) has been submitted in the amount of $200.00 for the processing fees for the minor modification and renewal request. This Office has no objection to the permit modification request. cc: WIRO-Major Permit#42-05 Ted Tyndall, DCM, Morehead City Dave Timpy, US ACOE RECEWE13 OCT 15 Z013 DCM MM CITY 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-7215\FAX:910-395-3964 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer � T Tidal Ventures, LLC c/o Sammy Varnam 1574 Monster Buck Estates Supply, NC 28462 RE: Modification and Renewal of CAMA Major Permit#42-05 To Whom It May Concern, CAMA Major Permit #42-05 was issued to Tidal Ventures, LLC for the development of a residential subdivision located along Riverside Drive adjacent to a man-made canal within the Town of Sunset Beach. Permit#42-05 authorized the establishment of the Riverside Drive subdivision, to include the construction of an access road, associated grading, utilities and storm water system installation and boardwalk. I am requesting that the permit be modified to include an additional boardwalk measuring approximately 150 feet long by 6 feet wide to connect the two high ground hummocks. I am also requesting an access pier measuring approximately 150 feet long by 6 feet wide terminating at a 30 feet long by 6 feet wide kayak launch area stemming from the northern most hummock and extending in a northeasterly direction (see attached Sheet C1 revised by S.V. on 9/20/2013). 1 am also requesting that the permit be renewed. The development had been postponed pending wastewater treatment system approval. This approval has been obtained and I anticipate completing the project within the next two years. There has been no change in plans, conditions, circumstances or facts affecting the project. I thank you for your time and consideration. Sin rely, Sammar4'fam Y RECEIVED RECENBD DCM WILMINGTON, NC N OCT 072013 OCT15Z013 DM AM CITY Permit Class Permit Number Modification/Major(Express Permit) 42-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 1 for X Major Development in an Area of Environmental Concern r 1: pursuant to NCGS 113A-118 ;r A Excavation and/or filling pursuant to NCGS 113-229 { Issued to Tidal Ventures, LLC c/o Sammy Varnum, 1574 Monster Buck Estates, Supply, NC 28462. Y Authorizing development in Brunswick County, adiacent to an unnamed canal&Jink's Creek, at the eastern end of Riverside Drive, as requested in the permittee's application dated 5/08/07 including the attached drawings (5), sheet Cl revised 5/24/07, x C2 revised 5/10/07 C3 &C4 revised 5/03/07 and C7 dated 4/11/07,as well as the Ocean Hazard AEC Hazard Notice dated 5/10/07. This permit, issued on June 27, 2007 , 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. Upland Development t 1) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated with establishment of the Riverside Drive subdivision, to include the construction of an access road, associated grading, utilities and stormwater system installation and boardwalk, all as expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. Any additional land disturbing activities and/or construction, including but not limited to single family home 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) 796-7215 prior to the commencement of any such activity for this determination. (See Attached Sheets for Additional Conditions) This pemvt 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. 3: This permit must be accessible on-site to Department personnel when the project is inspected for compliance. is Y x Any maintenance work or project modification not covered Gregson, Director hereunder requires further Division approval. RECEIVET) �James .ion of Coastal Management } All work must cease when the permit expires on RECEIVED C T 1JisZMmt and its conditions are Oft WMPWNGTON, NQ. December 31, 2010 0 C T 0 7 2013 t In issuing this permit, the State of North Carolina agrees DCNf-lur (Try j that your project is consistent with the North Carolina Coastal Signature of Pen ittee Management Program. Tidal Ventures, LLC Permit # 42-05 Riverside Drive Page 2 of 3 r ADDITIONAL CONDITIONS Stormwater Management t ti2) 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. SW8040740, s which was issued on 5/16/0 7. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. X X i. Sedimentation and Erosion Control r: f 3) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. r r 4) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. S NOTE: The permittee has received a Sedimentation and Erosion Control Plan for the Riverside Drive r Subdivision from the NC Division of Land Resources (Project No. Bruns-2005-160). Should the permittee choose to modify/amend the existing permit, he or she should contact the Department s of Environment and Natural Resources; Land Quality Section, at 127 Cardinal Drive Extension, Wilmington, NC 28405. : Boardwalk Y 5) Any portion of the permitted boardwalk built over Coastal Wetlands shall not exceed six feet in width A and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of s: the decking. General { 6) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily. f 7) The permittee shall contact the Department of Transportation to determine if permits are required for driveway connections or encroachments to N. Shore Drive or Riverside Drive. 8) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. .t RECEIVED � p DCM WILMINGTON, NC OCT 0 7 2013 t OCT 15 2013 11 f, Tidal Ventures,LLC Permit # 42-05 Riverside Drive Page 3 of 3 i ADDITIONAL CONDITIONS 9) In accordance with T15A:07H.0306(1), the authorized structures within the Ocean Hazard AEC shall be relocated or dismantled when they become imminently threatened by changes in shoreline configuration. The structures shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon their collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structures become imminently f threatened, so that the structures are no longer imminently threatened, then they need not be relocated or f dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of `s temporary protective measures allowed under Rule T15A:07H.0308(a)(2). 3f 10) This Major Modification shall be attached to the original of Permit No. 42-05, which was issued on 3/31/05, and copies of both documents shall be readily available on site when a Division representative inspects the project for compliance. 11) All conditions and stipulations of the active permit remain in force under this major modification unless s specifically altered herein. r NOTE: All construction shall comply with the NC Building Code and all other Federal, State, and Local regulations, including the local flood damage prevention ordinance as required by the National Flood Insurance Program. The applicant should be aware of the requirement for CAMA Minor Permits from the Town of Sunset Beach, for subsequent development of individual lots within the 75'Estuarine Shoreline AEC. To obtain any minor permits please contact the Town of Sunset Beach, at 220 Shoreline Drive West, Sunset Beach,NC 28459. ' NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. •r NOTE: This permit does not convey any rights or privileges, either in real estate or material. NOTE: The permittee is advised that any development or land disturbing activity that is considered non- water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission(CRC)regulations in place at the time Y of such development. .r r 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). 4' { A i r: is RECEIVED r DCM WILMINGTON, NC MCEWEID OCT 072013 Y ' 0 c T i 5 2013 4. x MY Permit Class Permit Number NEW(Express Permit Program) 42-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission VC r M t"t for 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 Tidal Ventures, LLC c/o Sammy Varnum, Riverside Drive, Sunset Beach, NC 28468. ¢ Authorizing development in Brunswick County,adjacent to an unnamed canal&Jink's Creek at the eastern end of Riverside Drive as requested in the pernuttee's application dated 1/06/05(MP-1)& 11/29/04(MP-2&MP-3),inc.attached drawings(41 2 3&5 of 6 rev.10/27/04 3 of 6 rev. 11/5/04 COE wetlands delineation may dtd 9/17/04&AEC Hazard Notice dtd.2/01/05 This permit, issued on March 31, 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. y Upland Development 1) This permit authorizes only the land disturbing activities associated with establishment of the Riverside Drive subdivision, to include the construction of an access road and associated grading, bulkhead and utilities installation, all as expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. Any additional land disturbing activities and/or construction, including but not limited to single family home 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.The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. (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 s 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. ones,Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This tpeit and its co di'ons are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Co EIM Signature of Permittee Management Program. RECEIVED -- - _ -OCT_ 1.5 2013 OCT 282010 DCM-MHD CffY --------------- Tidal Ventures,LLC Permit#42-05 Riverside Drive Page 2 of 4 ADDITIONAL CONDITIONS Stormwater Management 2) 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. SW8040740, which was issued on 2/10/05 Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 3) In order to protect water quality,runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 4) Appropriate sedimentation and erosion control devices,measures or structures(e.g.silt fence,diversion swales or berms,etc.)shall be implemented to ensure that eroded materials do not enter adjacent wetlands,watercourses and/or properties. NOTE: The permittee has received a Sedimentation and Erosion Control Plan for the Riverside Drive Subdivision from the NC Division of Land Resources(Project No.Bruns-2005-160). Should the permittee choose to modify/amend the existing permit,he or she should contact the Department of Environment and Natural Resources;Land Quality Section,at 127 Cardinal Drive Extension, Wilmington,NC 28405. Shoreline Stabilization 5) The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days,or erosion of the shoreline by adverse weather conditions,will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction 6) The bulkhead shall be constructed landward of all vegetated wetlands. 7) The bulkhead shall be constructed prior to any backfilling activities. 8) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 9) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the retaining wall,riprap, deadmen cables,etc. This permit does not authorize any excavation waterward of the approved alignment. 10) The fill material will be clean and free of any pollutants except in trace quantities. t RECEIVED RECEIVED ACM WILMINGTON, NC OCT 2 8 2010 Tidal Ventures,LLC Permit#42-05 Riverside Drive Page 3 of 4 ADDITIONAL CONDITIONS 11) All backfill material will be obtained from a high ground source and confined behind the permitted retaining wall. 12) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. General 13) This permit does not authorize the excavation or filling of any wetlands or open water areas,even temporarily. 14) The permittee shall contact the Department of Transportation to determine if a permit is required for driveway connection to N. Shore Drive. 15) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit,this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event,the permittee shall consult DCM prior to initiating or continuing any further development under this permit. 16) In accordance with T15A:07H.0306(1), the authorized structures within the Ocean Hazard AEC shall be relocated or dismantled when they become imminently threatened by changes in shoreline configuration. The structures shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon their collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structures become imminently threatened,so that the structures are no longer imminently threatened, then they need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under Rule T15A:07H.0308(a)(2). NOTE: All construction shall comply with the NC Building Code and all other Federal,State,and Local regulations,including the local flood damage prevention ordinance as required by the National Flood Insurance Program.The applicant should be aware of the requirement for CAMA Minor Permits from the Town of Sunset Beach, for subsequent development of individual lots within the 75'Estuarine Shoreline AEC.To obtain any minor permits please contact Jeff Curtis,with the Town of Sunset Beach, at 220 Shoreline Drive West,Sunset Beach,NC 28459. 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: This permit does not convey any rights or privileges,either in real estate or material. NOTE: The permittee is advised that any development or land disturbing activity that is considered non- water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission(CRC)regulations in place at the time of such development. RECENED (ACT 15 2013 OCT 282010 DOU-h9Hri CITY Tidal Ventures,LLC Permit#42-OS Riverside Drive Page 4 of 4 ADDITIONAL CONDITIONS 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). RECEIVED . 0 C T 15 2013 DCM-MHD CITY _ - ►LU NGTON, NC OCT 2 8 2010 Howell, Jonathan From: Howell, Jonathan Sent: Thursday, January 02, 2014 1:51 PM To: 'Smith, Ronnie D SAW'; Baker, Jessi E; Coburn, Chad Subject: FW: Tidal Ventures LLC Attachments: DOC120413-12042013162644.pdf; DOC120413-12042013162705.pdf Hey guys, I sent this modification request back on 12/4. Its been the holidays and a bunch of other stuff going on, so I wanted to touch base one more time before we move forward with approval. Send me comments,or a no comment, when you can.Thanks. Jonathan From: Howell, Jonathan Sent: Wednesday, December 04, 2013 4:33 PM To: Baker, Jessi E; 'Timpy, David L SAW'; Coburn, Chad Subject: Tidal Ventures LLC Attached is a minor modification request for Tidal Ventures LLC in Sunset Beach. Please provide me comments on this as soon as possible.Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastaImanagement.net 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. 1 i Howell, Jonathan From: Howell, Jonathan Sent: Wednesday, December 04, 2013 4:33 PM To: Baker, Jessi E; 'Timpy, David L SAW'; Coburn, Chad Subject: Tidal Ventures LLC Attachments: DOC120413-12042013162644.pdf; DOC120413-12042013162705.pdf Attached is a minor modification request for Tidal Ventures LLC in Sunset Beach. Please provide me comments on this as soon as possible.Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808(Ext. 211) www.nccoastalmanagement.net 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. I Govoni, Daniel From: Howell, Jonathan Sent: Monday, January 06, 2014 1:49 PM To: Govoni, Daniel Subject: FW: Tidal Ventures LLC (UNCLASSIFIED) This too. Diregard the other emails I sent you. I just need these comments and a copy of the permit I just sent you on permit paper. -----Original Message----- From: Smith, Ronnie D SAW [mailto:Ronnie.D.Smith@usace.army.mil] Sent: Monday, January 06, 2014 1:21 PM To: Howell, Jonathan Subject: RE: Tidal Ventures LLC (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Jonathan, The Corps has no objections' or issues with the proposed construction of the proposed elevated walkways and platform associated with a development located along Riverside Drive, in Sunset Beach, Brunswick County, North Carolina. No 404 permit authorization is required for the construction of the observation platform and elevated pier/walkway located between the two uplands because the activities would not involve a discharge of fill material into waters of the United States. The proposed construction of the elevated pier/walkway and kayak launch meets the terms and conditions of GP 56. Attached are the terms and conditions for SP 56 The Corps Action ID# for this project is SAW-2007-02111. Please contact me if you have any questions. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smith@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://per2.nwp.usace.army.mil/survey.html <http://per2.nwp.usace.army.mil/survey.html> Thank you for taking the time to visit this site and complete the survey. -----Original Message----- 1 From: Howell, Jonathan [mailto:jonathan.howell@ncdenr.gov] Sent: Thursday, January 02, 2014 1:52 PM To: Smith, Ronnie D SAW; Baker, Jessi E; Coburn, Chad Subject: [EXTERNAL] FW: Tidal Ventures LLC Hey guys, I sent this modification request back on 12/4. Its been the holidays and a bunch of other stuff going on, so I wanted to touch base one more time before we move forward with approval. Send me comments, or a no comment, when you can. Thanks. Jonathan From: Howell, Jonathan Sent: Wednesday, December 04, 2013 4:33 PM To: Baker, Jessi E; 'Timpy, David L SAW' ; Coburn, Chad Subject: Tidal Ventures LLC Attached is a minor modification request for Tidal Ventures LLC in Sunset Beach. Please provide me comments on this as soon as possible. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net 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. Classification: UNCLASSIFIED 2 Howell, Jonathan From: Baker, Jessi E Sent: Thursday, January 02, 2014 2:33 PM To: Howell, Jonathan; Smith, Ronnie D SAW; Coburn, Chad Subject: RE: Tidal Ventures LLC As long as this pier will have no formal dockage and will be used for non-motorized vessels, I have no comment. Jessi )iV ision of Coastal Management 400 Commerce :veiiuc 'Morehead C::itv,NC, 28557 (252) 808-2808 ext. 213 jessi.baker(amcdenngo�r 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. From: Howell, Jonathan Sent: Thursday, January 02, 2014 1:52 PM To: Smith, Ronnie D SAW; Baker, Jessi E; Coburn, Chad Subject: FW: Tidal Ventures LLC Hey guys, I sent this modification request back on 12/4. Its been the holidays and a bunch of other stuff going on, so I wanted to touch base one more time before we move forward with approval. Send me comments, or a no comment, when you can.Thanks. Jonathan From: Howell, Jonathan Sent: Wednesday, December 04, 2013 4:33 PM To: Baker, Jessi E; 'Timpy, David L SAW'; Coburn, Chad Subject: Tidal Ventures LLC Attached is a minor modification request for Tidal Ventures LLC in Sunset Beach. Please provide me comments on this as soon as possible.Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net E-mail correspondence to and from this address may be subject to the I