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HomeMy WebLinkAbout175-03 Vereen, Holloway & Martin (A.O.Hardee) Q a Permit Class Permit Number NEW 175-03 STATE OF NORTH CAROLINA Department,of Environment and Natural Resources and Coastal Resources Commission MAY 0 5 2004 SHAG for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Regina Vereen,Sherri Holloway&Sonya Martin,c/o A.O.Hardee,55 Park Street Ext.,Little River,SC 29566 Authorizing development in Brunswick County at adj. manmade canal, Lots 188-190, end of Marlin Dr. Holden Beach , as requested in the permittee's application dated 6/16/03, including attached workplan drawings (2), Sheets 1 &2 of 9 both dated 6/16/03. This permit, issued on November 24, 2003 , 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. Shoreline Stabilization 1) The bulkhead shall be aligned landward of all coastal wetlands on the south end of the properties, and shall continue in a straight line to the proposed return wall on Lot 190. 2) The alignment of the permitted bulkhead must 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. (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. /r . Any maintenance work or project modification not covered onna D. Moffitt, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,_2006 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 Regina Vereen, Sherri Holloway & Sonya Martin Permit#175-03 Page 3 of 3 ADDITIONAL CONDITIONS 16) 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.). 17) A11 disturbed areas shall be properly graded and provided a ground cover sufficient to restrain.erosion within thirty days of project completion. General 18) 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 structural 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. 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 U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit No. 18 and General Permit No. 197800080 (COE Action Id. No. 200301191) which were issued on 11/24/03. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: A. O. Hardee 2. LOCATION OF PROJECT SITE: Lots 188, 189 & 190 at the end of Marlin Dr., Holden Beach, Brunswick Co. NC. Photo Index - 2000: 4-37: Q-21 1995: 4-35: P,Q-7 1989: 185-3: G-12 State Plane Coordinates - X: 2201534 Y: 59501 Rover file# - S 081418A 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 8/14/03 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - cc: 7/1/03 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Holden Beach Land Classification From LUP - Developed (B) AEC(s) Involved: PT, EW, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - Municipal sewer available (F) Type of Structures: Existing - None Planned - Bulkhead(future residential development) (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands S artina alterniflora 340 sqft. (B) Non-Vegetated Wetlands 1,500 sqft. (C) Other - Highground disturbance 15,000 sqft. (D) Total Area Disturbed: 16,840 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead (1901.f.) along the shoreline of three(3) undeveloped lots, adjacent to a man-made canal, at the end of Marlin Dr., in Holden Beach. The proposed bulkhead alignment would incorporate 340 sqft. of coastal wetlands and approximately 1500 sqft. of intertidal area and shallow bottom. i A. O. Hardee Page 2 9. PROJECT DESCRIPTION The project site consists of three (3) undeveloped lots (Lots 188, 189, 190), adjacent to a man-made canal, at the northeast end of Marlin Dr., in Holden Beach, in Brunswick County. The applicant is applying for this permit on behalf of his three (3) daughters, who are the legal owners of the properties. The lots are 50 feet wide and approximately 93 feet in depth from Marlin Drive. The lots are bordered by Canal No. 3 on the east side, which is part of a 5 canal system joined together on the northern end by a cross canal, and connected to the Atlantic Intracoastal Waterway (AIWW) via an entrance channel. The project site is located at the intersection of the canal, the cross canal and the entrance channel connection. The applicant's lots are currently undeveloped and the properties are overgrown with weeds and vines. There are a couple of Live Oaks and Pines on the property, but numerous large Red Cedars dominate the trees existing onsite. There is a vertical escarpment, 5 to 7 feet high, along the shoreline (east side) of the property. The normal high water line is located at the base of this escarpment. The erosion is more severe on Lot 190, probably due to the proximity to the confluence of the three canals. There is a narrow border of coastal wetlands adjacent to the shoreline of Lot 188 and a portion of Lot 189. The marsh border consists of Smooth Cord Grass S artina alterniflora) and it is approximately 70 feet long and 10-12 feet wide from the base of the escarpment. The area adjacent to shoreline of the remainder of Lots 189 and 190, exists as unvegetated, intertidal bottom. The shoreline of the adjacent lot to the south is stabilized by an existing bulkhead. The waters adjacent to the project site are classified as SA, by the NC Division of Water Quality. They are closed to the harvest of shellfish. The waters are not a designated primary nursery area (PNA), by the NC Division of Marine Fisheries. The applicants propose to reestablish the previous dimensions of the properties by constructing a bulkhead along the shoreline of the three (3) lots. The new bulkhead,would be 150 feet long and constructed along an alignment established by extending the alignment of the existing bulkhead from the adjacent lot to the south of the project. The proposed bulkhead would vary from 4 to 24 feet waterward of the toe of the existing erosion escarpment. A wing wall, 40 feet in length, would be constructed on the northern property line of Lot 190, to return the bulkhead to the highground The proposed alignment would run through the middle of the adjacent border of coastal wetland vegetation at the southeastern corner of the project. The applicants also propose to clear, grade and fill the remaining area of the lots, in conjunction with the bulkhead construction project, to prepare them for future residential development. 10. ANTICIPATED IMPACTS The proposed project would incorporate approximately 340 square feet of coastal wetlands. The remaining marsh (approx. 400 sgft.) would likely also be lost during the bulkhead construction process. The proposed project would incorporate approximately 1,500 square feet of unvegetated intertidal bottoms. The applicant anticipates the project requiring approximately 30 cubic yards of backfill material to be placed below mean high water. All of the highground property (15,000 sqft.) would be disturbed during the project. Additional highground soil disturbance and creation of impervious surface area would occur with the subsequent construction of residential structures. Submitted by: E. F. Brooks Date: August 19, 2003 Office: Wilmington Recommendations for State Permit - A. O. Hardee The applicant has not shown the need to incorporate the coastal wetland border. The lots can be developed without the loss of the wetlands by aligning the bulkhead on the landward edge of the marsh. Any permit issued should contain the following conditions: 1) Subsequent residential development must obtain CAMA Minor Permits from the Holden Beach Minor Permit Program. Contact Rhonda Phillips, Local Permit Officer at (910) 842-6080. 2) That the bulkhead alignment be staked along the proposed bulkhead alignment by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re-staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 3) The bulkhead must be constructed prior to any backfilling activities. 4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by the Department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) All backfill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 7) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. AUG 21:,'2003 ONaOFM . Form DCM-MP-1 APA- P- LICATIO N. (To be completed by all applicants) W3 1. APPLICANT c. Street address or secood4i6id-,Li b6- il Lots 188, 189, 190 Marlin Drive a. Landowner: See attached list b,Authorized Agent: Father d. Is proposed work within city limits or Name A.O. Hardee phaming jurisdiction? x Yes No(Town of Holden Beach) Address 55 Park Street Extension e. Name of body of water nearest project (e.g. City Little River river,creek,sound,bay) State South Carolina Intracoastal Waterway Zip 29566 Day Phone 843-249-1264 3. DESCRIPTION AND PLANNED USE Fax 843-249-1503 OF PROPOSED PROJECT c. Project name(if any) N/A a. List all development activities you propose(e.g. building a home,motel,marina,bulkhead,pier, And excavation and/or filling activities. Construction of a bulkhead and backfill for shoreline stabilization on existing canal lots b. Is the proposed activity maintenance of an existing project,new work,or both? 2. LOCATION OF PROPOSED New PROJECT c. Will the project be for public, private or commercial use? Private a. County Brunswick b. Town Holden Beach d. Give a brief description of purpose,use, methods of construction and daily operations of proposed project. If more space is needed,please Form DCM-MP-1 attach additional pages. See attached Narrative Revised 03/95 j. Has a professional archaeological assessment been done for the tract? Yes x No If yes,by whom? N/A 4. LAND AND WATER k. Is the project located in a National Registered CHARACTERISTICS Historic District or does it involve a National Register listed or eligible property? a. Size of entire tract 3 lots total.344 acres Yes x No b. Size of individual lot(s) —5000 square feet 1. Are there wetlands on the site? x Yes No Coastal(marsh) x Other If yes,has a delineation been conducted?..No,_ _ c. Approximate elevation of tract above MHW or Coastal wetlands onl T,MHNV=kN41and�lihe' IN NWL 7-12'mhw (Attach documentation, available) j ` I I^t {,t o hF d. Soil type(s)and texture(s)of tract Newhan fine sand D I V 1,G I )i,l OF in.Describe existing wastewater treattiient facilities`: e. Vegetation on tract None at present Cedar,grapevine,wax myrtle,smooth cordgrass,sea oxeye,4upon,black cherry,kudzu f. Man-made features now on tract N/A n. Describe location and type of discharges to waters of the state. (For example,surface runoff, g. What is the CAMA Land Use Plan land Sanitary wastewater, industrial/commercial classification of the site?(consult the local land use plan.) effluent,"wash down"and residential discharges.) Limited surface runoff,no impervious areas exist Conservation Transitional Developed Community o. Describe existing drinking water supply source. Rural x Other Public water system Municiple h. How is the tract zoned by local government? R-1 5. ADDITIONAL INFORMATION I. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate,if applicable) In addition to the completed application form,the following items must be submitted: * An accurate, dated work plat (including plan * A copy of the deed(with state application only) view and cross-sectional drawings)drawn to scale or other instrument under which the applicant in black ink on an 81/2'by I I"white paper. (Refer claims title to the affected properties. If the to Coastal Resources Commission Rule 710203 for applicant is not claiming to be the owner of said a detailed description.) property,then forward a copy of the deed or other instrument under which the owner claims title, Please note that original drawings are preferred and plus written permission from the owner to carry only high quality copies will be accepted. Blue-line out the project. prints or other larger plats are acceptable only if an Revised 03/95 adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of A check for $400 made payable to the Engineers regarding that agency's use of larger Department of Environment, Health, and Natural drawings.) A site or location map is a part of plat Resources (DEHNR) to cover the costs of requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to processing the application. Form DCM-MP-1 * A signed AEC hazard notice for projects in oceanfront and inlet areas. the site. Include highway or secondary road(SR) numbers,landmarks,and the like. * A statement of compliance with the N.C. Environmental Policy Act(N.C.G.S.113A-1 to *A Stormwater Certification,if one is necessary. 10) If the project involves the expenditure of public *A list of the names and complete addresses of funds or use of public lands, a attach st em' I ^ the adjacent waterfront (riparian) landowners documenting compliance with the North'i.Ca�olin it and signed return receipts as proof that such Environmental Policy Act.owners f the application and plats byve rcertifi d mail.eceived a copy oSuch landowners €: ',n;: 5 must be advised that they have 30 days in which to submit comments on the proposed project to the ;v� J' Division of Coastal Management. Upon signing 6. CERTIFICATION AND PERMISSIrON i`{' this form, the applicant further certifies that such TO ENTER ON LAND notice has been provided. Name William Smith I understand that any permit issued in response to Address 1007 S.Edisto Drive this application will allow only the development Florence,S.C. 29501 described in the application. The project will be subject to conditions and restrictions contained in Name Richard Chopus the permit. Address 150 Marlin Drive I certify that to the best of my knowledge, the Holden Beach,N.C. 28462 proposed activity complies with the State of North - Carolina's approved Coastal Management Program * A list of previous state or federal permits and will be conducted in a manner consistent with issued for work on the project tract. Include permit such program. numbers,permittee,and issuing dates.N/A I certify that I am authorized to grant, and do in Signatur .Agent fact,grant permission to representatives of state and Landowner or uthorized Agent federal review agencies to enter on the Please indicate attachments pertaining to your aforementioned lands in connection with evaluating proposed project. information related to this permit application and X DCM MP-2 Excavation and Fill Information follow-up monitoring of the project. DCM MP-3 Upland Development DCM MP-4 Structures Information I further certify that the information provided in this DCM MP-5 Bridges and Culverts application is truthful to the best of my knowledge. DCM MP-6 Marina Development This is the 16'h day of June,2003. NOTE:Please sign and date each attachment in the space provided at the bottom of each Print Name Steve Morrison,Agent form. Revised 03/95 Form DCM-W-2 I(Tf EXCAVATION O�° :► : :ir <i AND FILL �i,11 ryT`f' ' D r 1 1 t��i, _C.) (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all,other sections of the Joint Application 1. EXCAVATION that relate to this proposed project. a. Amount of material to be excavated firom.below M11W or NAT in cubic yards N/A Describe below the purpose of proposed excavation or fill activities. All values to be given in feet b. Type of material to be excavated N/A Average Final Existing Project Length Width Depth Depth c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation Access channel (SAVs)or other wetlands?—Yes No N/A (NEW)or (t W )N/A d. Highground excavation in cubic yards N/A Canal N/A 2. DISPOSAL OF EXCAVATED Boat N/A Basin MATERIAL a. Location of disposal area N/A Boat N/A Ramp b. Dimensions of disposal area N/A Rock N/A c. Do you claim title to disposal area?N/A Groin Yes No from the r M. If no,attach a letter granting permission f Rock N/A owner.N/A Breakwater d. Will a disposal area be available for future Other(Excluding N/A maintenance? Yes No N/A shoreline stabiliz- ation) if Yes, where? Revised 03195 Form DCM-MP-2 (2)Dimensions of fill area N/A (3)Purpose of fill N/A e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? b. Will fill material be placed in coastal wetlands Yes No N/A (marsh),SAVs or other wetlands? x Yes No.Upper volunteer marsh fringe at south end f. Does the disposal include any area in the water? If yes, Yes No N/A (1)Dimensions of fill area 340 square feet (2)Purpose of fill Bulkhead backfill,lot restoration 3. SHORELINE STABILIZATION 5. GENERAL _ _a. Type of shoreline stabilization x Bulkhead �prap a. How will excavated or fill material be kept on site and erosion controlled?Bulkhead to control on- b. Length 190' including wing wall at north end going erosion b. What type of construction equipment will be c. Average distance waterward of MHW or NWL used(for example,dragline,backhoe,or hydraulic 9' dredge)?Backhoe,dozer,dump truck d. Maximum distance waterward of MHW orNWL 21' e. Shoreline erosion during preceding 12 months c. Will wetlands be crossed in transporting Unknown but obviously continual due to equipment to project site? Yes x. No fallen trees and 5-7' tall esc ment If yes, explain steps that will be taken to lessen environmental impacts. f. Type of bulkhead or riprap material Corrugated sheeting with treated wood walers,can g. Amount of fill in cubic yards to be placed below water level - Applicant or Project Name A.O.Hardee (1)Rip rap N/A (2)Bulkhead backfill—30 Signature Agent h. Type of fill material gpland sand i Source of fill material lot areas and delivered ���/3 Date 4. OTHER FH,L ACTIWITIES (Excluding Shoreline Stabilization) 4 a. Will fill material be brought to site? (1 1� It Yes No N/A !• -! v 'I F"' If yes, (1) Amount of material to be placed in the water N/A C C)A""" Revised 03195 Project Narrative Shoreline Stabilization Lots 188, 189, 190 Marlin Drive Holden Beach, North Carolina The proposed project consists of constructing a bulkhead and backfilling the eroded shoreline of three adjoining undeveloped lots. The lots are located at a right angle intersection of a man-made canal system within a largely built-out residential neighborhood. This unique geographical setting has produced an unreasonable hardship for the lot owners who are continuing to lose property due to the on-going erosion. An escarpment, 5-7' high on the northern portion of the shoreline, has formed as a result of this erosion and two large cedar trees along with shrubs and grasses have fallen onto the bare intertidal flat in that location. The lot owners propose to reestablish the past canal shoreline limits by erecting a bulkhead in alignment with the existing bulkhead on lot 187 and extending it parallel to the canal in front of all three lots before turning a wing wall back into the land on"the northern property line of lot 190. In order to tie in with the adjoining bulkhead, 340 square feet of the upper volunteer marsh fringe in that location will be impacted. The bulkhead will consist of corrugated sheeting with treated wood walers and cap. A deadman tie back system will be installed to provide additional wall support. The bulkhead will be backfilled with sandy material from the three lots and supplemented as necessary with contracted hauled-in material. The total area of the three lots and total area of disturbance is .344 acres. ,v(j, Landowner List Lot 188 Regina Vereen 3561 Golf Avenue Little River, S.C. 29566 843-399-7528 Lot 189 Sherri Holloway 615 Pennington Ridge Court Lewisville,N.C. 27023 336-945-0554 Lot 190 Sonya Martin 1475 Four Mile Road Conway, S.C. 29526 843-365-1225 (All are daughters of A.O. Hardee, Authorized Agent on application) a - �1 " L� PROPOSED BULKHEAD CANAL 'f '' 1 ,j W W „ Marsh 1 Bu t khead Mean HWL (2. 9' ) Top of Bank WING ALL TO.BE ON PROPERTY LINE AND EXTEND INTO UPLAND N Rebnr Fd. 'N 87'30'13" E 100.0 ' 40' .9B' Rebnr Fd, Toe o Bank m z to �� ( r m . r` CD ,� p Z . LOT 190 ' ��� s n �\a'- m <2 � 9�C) . N 8T31'25" E m Fd. m Mean LWL (-1. 9' ) IP Fd, 93.60' rn . Proposed .Butkhe.ad 2 S 01'20' 8" E TO AL GN WITH NEIGHBOR'S BULKHEAD LOT 189 9.66' o0 m ® 340 SQUARE FEET MARSH FRINGE IMPACT I W IP Fd. N 87'20'09 E IP Fd. Dist, W (� a 92.73' a W 0 Marsh r U, S 00'08'53" W A-- 4. — —A' o LOT 188 49.46 I W cn N 86'56'58" E 100-.00 Rebnr Fd cf) N o Io Existing Bu.t'khead cn 18 "7 NIA , SCALE 1 30 m; rr, N 87'12'23" E Rebar Fd. Rebnr Fd. N 93.19' o - z BULKHEAD AND BACKFILL N o A.O. HARDEE _ o HOLDEN BEACH, N.C. cp 0 6116103 Ln 0 SHEET 1 OF 9 BULKHEAD CROSS SECTION - V SCALE 1 "= 4' TO ALIGN WITH BULKHEAD ON LOT 187 A A, FINISH.GRADE TREATED WOODEN CAP EXISTING GRADE BACKFILL r - WALE F� TIE BACK ROD WALER OtS� CORRUGATED SHEETING O 2� MEAN HIGH WATER 09 DEADMAN �� CANAL 3 MEAN LOW WATER SHEETING AND DEADMAN DEPTHS PER CONTRACTOR BULKHEAD AND BACKFILL A.O. 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NO f�vc -A'T'2,ff-F- 0 'T o tb Aj OCEAN 10, ,wsJ 130 q- c MY J" V t , a DR 57 ID 00 y BULKHEAD AND BACKFILL W lu to g w ;t13 -n HOLDEN BEACH. N.C. ; � m qq g- Oil f 6116/03 w SHEET 8 OF 9 u L6�t BRUNSWICK COUNTY SOIL SURVEY rii7il ot iB Ma, T6 y lB ;� �-t• `•""Yv4 � �'�t.'.<•,� .r \Y`�•�w-,t' � da:r--- .. i, d.XS A�..�"d:. ;y �°i.� 4cv�S ,.•.d.�•'. •. KrB.- KrB g! -7, V, pA;- :;Kr e-w-, W;pi I IK CA. SITES VkO, a6dinB CAr v :17 0" '��f s^' s���`. . � � ,:��•, t h-B�g��'��"�.;�{`�3f-"" J �1�"c � ti_".�yf'�����^.. D_.'-c `:,°'r�r� 07 -4. N eE Nt GP IN- c — ---------- ;1116 NCE Z. mot . -In- 77 If C Z- ' SCALE 1 2000 a "'N k....... Ilk Q3 BULKHEAD AND BACKFILL A.O. HARDEE 33*5, p HOLDEN BEACH, N.C. 78*30,D 6116103 SHEET OF 'c 8e6t 8y: LAND MANAGEMENT; 91U 4!i2 UUUU ; JUM'-11 -U3 ZI:1Ur@1; rage 212 Agent Authorization]Form LiW6�fdm do hereby give my permission for Land g, Inc. (LMG) to prepare and submit on my behalf, application materials for a CAMA Major Development Permit for a bulkhead and b$ckfill on Lots 188, 199, and 190 Marlin Drive; Holden Beach, N.C. i further give my permission for LMG to provide additional 'materials as may be requested by the review agencies. �8nnt Date w `tit 1, `l l .: 100'd dT0:E0 E0/TT/80 EOSTEtZ S17e 'dui 'uocz K2 aao�Pu nN Sent By: LAND MANAGtMtN I i v •+ac vvuv +.may -• ^' Agent Authorization Form I,Sherri Holloway,do hereby give my permisxion to-A.O.-Hardee to"act as my agent to apply for a CAMA Major Development Permit for a bulkhead and baekfill on my property at lot 189 Marlin Drivc,Holden Beach,N.C. Z — -03 sign atu a Date RECEIVED AUG 2 7 Yf w i OR C®��GH �- NAGEM n r r.•,r. q I i Sent By: LANU MANAUtMtNI; � •, •� ••�••� , , , Agent Authorization Form 1, Sonya Martin,do hereby give my permission to A.O.Hardee to act as my agent to apply for a CA.MA Major Development Permit for a bulkhead and backfill on my Property at lot 190 Marlin Drive,Holden Beach,N.C. Signatur Date 8 f$ 3 F. Mft nY: LARu 1..� Agent Authorization Form T,Regina Vereen,do hereby give my permission to AO. Hardee to act as my agent to apply for a CAMA Major Development Permit for a bulkhead and backfill on may property at lot 189 Marlin Drive,Holden Beach.N.C. _. . Si reT _ Date �. AUJ ? 5; 2003 �JLL DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: A. O. Hardee County: Brunswick LOCATION OF PROJECT: Lots 188, 189 & 190 at the end of Marlin Dr., Holden Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 1, 2003 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Ed Brooks DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED INRALEIGH: FEE REC'D:$ PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: q /1, S-1 u3 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: o3p, 150 DAY DEADLINE: t 2.*r/0 3 MAIL OUT DATE: 03 STATE DUE DATE: I S D FEDERAL DUE DATE: t cp 123/y3 FED COMMENTS REC'D: lIlly M PERMIT FINAL ACTION: ISSUE DENY DRAFT ON ll a3 AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative S-fZ,t`0-7 ✓ L'(J7�tlft GY�"ff Coastal Management-LUP Consistency F-IZ,Z/q Division of Community Assistance Sr/2�1,j3 Land Quality Section Sr js?-403 AJC- Division of Water Quality 10/13/03 Storm Water Management(DWQ) -7/t,}/0% ✓ 'EXe-wv►ILt State Property Office 9 1 3 0 3 ✓ tj C- Division of Archives&History ,33 ✓ Division of Environmental Health 9 12,103 Division of Highways 9 13101 ✓ #Jc- Wildlife Resources Commission 9 1Zz(d3 Division. of Water Resources 4/12/u3 Division of Marine Fisheries �{ (S��3 ✓ Submerged Lands(DMF) Permit# /73=U DCM Coordinator: J-r MAILING DISTRIBUTION:/ Permitee: / Z,"- e � l Lja G AfG%ti/ 7 DCM Field Offices: Morehead City AV*&hiP�n- Wilmington US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT ReINCDOT) igh Bland Wilmington: Da*GZimry T-4 Henry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patti Fowler State Property Office: Joseph Henderson Water Quality: John Dorney OT) Water Resources: John Sutherland Wildlife Resources: Dauk McLL- Bennett Wynne 17avi�rl (�v�N: rr�n�T) Tra_ s-W L,A eN��QT) FAXING DISTRIBUTION: Permitee at C/�Z/, Agent at DCM Field Offices: n� Morehead City Wilmington US Army orps of Engineers (USAGE): Washin ike Bell (NCDOT) Bill B NCDOT) aleigh Bland Wilmington: Dave Ti n 6 --- Henry Wicker Updated as 2/28/03 X00 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary November 24, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED THOMAS G WEBB 151 MARLIN DRIVE HOLDEN BEACH NC 28462 Dear Mr. Webb: Thank you for your September 7, 2003, letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by A.O. Hardee seeking authorization to construct a bulkhead along the shoreline of three lots at the end of Marlin Drive, In Holden Beach, Brunswick County. The Division appreciates your concerns about the proposed project, and we have looked very closely at the issues raised in your letter. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no significant resource concerns or objections were expressed by these review agencies. Based on this, the Division has determined that the proposed project is consistent with the Rules of the Coastal Resources Commission, as well as those of other State regulatory agencies. Consequently, the Division has issued a permit for the proposed activity on November 24, 2003, and a copy is being provided to you for your information. If you wish to object to the issuance of the permit, you may request an appeal of this decision —within twenty (20) days of the permit decision. §113A-121.1(b). If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (919) 733-2293, extension 240, or by email at Jeff.Sebaffer@ncmail.net. Sincerely, Jeff Schaffer Assistant Major Permits/Consistency Coordinator cc: Ed Brooks—DCM Wilmington DCM, Morehead City 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper J /W RElu � � 9W C A 2522 Nov 1 7003 %dmaytm,A"%w4w 28402 )ROFWASITAL41NAGEMEN -wo-452-000;f ALUA 99.&�4 11/14/03 S1 .5d ..A 6 9'.k �te�eleen✓uouioorz 3805 VakAfao&.Wvmuw (p CJi dmaikgtm ✓1f8 28403 d Henry Wicker US Army Corps of Engineers Regulatory Branch P.O. Box 1890 Wilmington,N.C. 28402-1890 Re: Action ID.No. 200301-19, CAMA Major Permit, A.O. Hardee Dear Henry, I am in receipt of your 10/29/03 letter regarding the bulkhead alignment for Mr. A.O. Hardee (agent for-his three daughters who own the lots) as requested in his CAMA Major Permit application. As discussed by phone yesterday, we received CAMA authorization for another bulkhead on five other canal lots owned by Mr. Hardee on Tuna drive which is the next street to the east in the same neighborhood-(Permit Number 100-00 and minor modification). In that earlier permitted project, he was allowed to align his bulkhead with the neighboring.bulkheads, which resulted in the backfilling of 554 square feet (0.013 acre) of coastal wetland. This amount of wetland impact within the man made canal system was determined to be insignificant by DCM and therefore allowed. We received Corps authorization for that project under Nationwide Permit No. 18 (COE Action Id. No. 200001294). In the current CAMA Major application, W. Hardee is requesting a total of 340 square feet (0.008 acre)of backfill for the bulkhead. I have enclosed. a copy of the earlier bulkhead and backfill application materials and authorization for your reference. Please contact me with any questions that you may have regarding this information..Thank you for your assistance. Sincerely, Steve Morn n Environmental Consultant Encl: permit Number l 00-0( , application materials Cc: Jeff Schaffer A.O. Hardee . DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OR ' October 29, 2003 ECOV0 Regulatory Division IN, Action ID. No. 200301191 �(� �L4kWAG ENt Mr-.-A.O. Hardee 55 Park Street Extension Little River, North Carolina 29566 Dear Mr. Hardee: On August 23, 2003, we received your application for Department of the Army authorization to construct a bulkhead along the shoreline of three undeveloped lots, adjacent to a man-made canal, at the end of Marlin Drive, in Holden Beach, Brunswick County, North Carolina. After review of your proposal the Federal agencies and Corps are requesting a revision of your application and plans. These recommendations are due to anticipated adverse environmental impacts. You have not shown the need to incorporate the coastal-wetland border and the lots can be developed without the loss of the wetlands by aligning the bulkhead on the land ward edge of the marsh. Also, filling of coastal wetlands is inconsistent with the State CAMA (Coastal Area Management Act) Program. Our administrative process provides you the opportunity to propose a resolution and/or rebut any and all objections before a final decision is made. In this regard, I would appreciate being made aware of your intentions, in writing, on or before November 12, 2003. I am responsible for processing your application and available to assist you. If you have any questions you may call me at (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office a Copies Furnished: Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 �j Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 t; A 0 � xa NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary October 13, 2003 Thomas G. Webb 151 Marlin Drive Holden Beach, NC 28462 Dear Mr. Webb: Thank you for your September 7, 2003, letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by A.O. Hardee seeking authorization to construct a bulkhead along the shoreline of three lots at the end of Marlin Drive, In Holden Beach, Brunswick County. As you may be aware, the Division of Coastal Management is coordinating a multi-agency state and federal review of the proposal. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me at (919) 733-2293, extension 240, or-email me at Jeff.Schaffe.r@ncmaiI.net, if you should have any additional concerns relating to this project. Sincerely, Jeff Schaffer Assistant Major Permits Coordinator cc: Ed Brooks—DCM Wilmington DCM, Morehead City 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper j DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: September 29, 2003 Regulatory Division Action ID No. 200301191 �1 �� OCT' 13 2003 �IV.OFCOq, � , nnp -A.'O'. Hardee' 55 Park Street Extension Little River, South Carolina 29566 Dear Mr. Hardee: On July 24, 2000, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your request to construct a bulkhead along the shoreline of three undeveloped lots, adjacent to a man-made canal, at the end of Marlin Drive, in Holden Beach, Brunswick County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will. result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act has been assigned Action ID No. 2003011911 will be coordinating your permit application with other Federal agencies. You may contact me at (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Mr. Ronald J. Mikulak, Chief Division of Coastal Management Wetlands Section-Region IV North Carolina Department of Environment Water Management Division and Natural Resources U.S. Environmental Protection Agency 1638 Mail Service Center 61 Forsyth Street, SW Raleigh, North Carolina 27699-1638 Atlanta, Georgia 30303 Mr. John Dorney Mr. Jim Gregson, District Manager Division of Water Quality Wilmington Regional Office North Carolina Department of Environment North Carolina Division of Coastal Management and Natural Resources 127 Cardinal Drive Extension 1650 Mail Service Center Wilmington, North Carolina 28405 Raleigh, North Carolina 27699-1650 Mr. Garland B. Pardue U. S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. David Rackley National Marine Fisheries Service, NOAA 219 Fort Johnson Road Charleston, South Carolina 29412-9110 2 IE ��P 0 2003 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS �o®F�A5TAL�6flA6d� lr P.O. BOX 1890 e� �A WILMINGTON, NORTH CAROLINA 28402-1890 n1?Av Regulatory" iv ision REFER TO 9 Action ID. r2DD.;D[191 Applicant: ; D. NCLY'I t°� • I'�'ti�4µl-wt�4c�e Cr4-r�� _.��.�._.------ - - `I Waterway: V}rk', IQ'PLQ Ld County: rwy,501 Type Work: true, l( Mr.Ron Sechler Commander,Aoww National Marine Fisheries Coast Guard,Atlantic Area Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort,North Carolina 28516 Mr.Ronald J.Mikulak, Chief Without enclosures Wetlands Section—IV Water Management Division Mr..-Doug-Huggett U.S.Environmental Protection Agency Division of Coastal Management 61'Forsyth Street, SW NC Dept of Environment and Atlanta, Georgia 30303 Natural Resources 1638 Mail Service Center Mr. Garland Pardue,Field Supervisor Raleigh,North Carolina 27699-1638 Fish and Wildlife Enhancement U.S. Fish and Wildlife.Enhancement A r Post Office Box 33726 rRegional Office Raleigh,North Carolina 27636-3726 Division of Coastal Management NC Department of Enviornment,Health Commanding Officer and Natural Resources United States Coast Guard 6-J -'ve- Marine Safety Office n 1502 North Front Street Wilmington,NC 28405 Mr.David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston, South Carolina 29412-9110 Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before 10- a 3 —b 3 Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Si cerely, Henry Wicker,Project Manager Wilmington Regulatory Field Office Enclosure 1 A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary September 15, 2003 A.O. Hardee 55 Park Street Extension Little River, SC 29566 Dear Mr. Hardee: This letter is with reference to the application you submitted on behalf of your daughters for a Coastal Area Management Act Major Development and state dredge and fill permit to construct a bulkhead along the shoreline of three undeveloped lots (188, 189, and 190) at the end of Marlin Drive, Holden Beach, Brunsiwck County, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make November 28, 2003 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, eff Schaffer Asst. Major Permits/Consistency Coordinator cc: Ed Brooks—DCM,Wilmington DCM,Morehead City Steve Morrison,Land Management Group,Inc., PO Box 2522,Wilmington,NC 28402 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper WA TF Michael F.Easley,Governor William G.Ross Jr.,Secretary \m G North Carolina Department of Environment and Natural Resources rAlan W.Klimek,P.E.Director -� Division of Water Quality O 'C Coleen H.Sullins,Deputy Director Division of Water Quality September 11;2003 Mr.A.O.Hardee 55 Park Street Extension Little River, SC 29566 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Bulkhead lots 188, 189,& 190/Marlin Drive DWQ Project#031063 Brunswick County Dear Mr. Hardee: You have our approval,in accordance with the attached conditions(WQC#3400)to conduct the following activity on lots 188,189 and 190 at the.end of Marlin Drive in Holden Beach,Brunswick County. This approval allows you to: 1. Fill 340 square feet of coastal wetlands and 1500 square feet of jurisdictional waters for the purpose of constructing a 190 linear feet bulkhead along the eroding shoreline of three undeveloped lots, adjacent to a man-made canal. This approval is only valid for the purpose and design that you described in your CAMA application received by the Division of Water Quality(DWQ)on August 22,2003. After reviewing your application,we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project,such as(but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations,and General NPDES Stormwater and Coastal Stormwater. In addition,this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your CAMA Major Permit application received by the Division of Coastal Management on June 25,2003.If you change or modify your project,you must notify the Division(DWQ)in writing and you may be required to send us a new application for a new certification. If the property is sold,the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h). For this approval to be valid,you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return the attached certificate of completion to this office and a copy to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650; N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service Wilmington Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-7748 NC-D 3tS Page Two Mr.Hardee DWQ Project#031063 September 11,2003 2. The turbidity standard of 25 NTUs(Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200.Appropriate sediment and erosion control practices must be used to meet this standard; 3. The only fill or excavation allowed in wetlands or waters is described in the first section of this certification. Any additional impacts,including impacts that result from erosion,will be a violation of this 401 Water Quality Certification. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit#031063 under Section 401 of the Clean Water Act. If you have any questions,please telephone Noelle Lutheran or Rick Shiver at 910-395-3900. Sincerely, &e� Alan W.Klimek,P.E.,Director ` Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Corps of Engineers Wilmington Field Office—Henry Wicker WiRO-Noelle Lutheran 401/Wetland Unit, Central Office—Cyndi Karoly CAMA/Morehead City—Ed Brooks CAMA Raleigh—Doug HuggettED '�Central`Files 'OCT 1 6 nui J1 NWAT GEMEm, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 25,2003 MEMORANDUM 50V TO: Mr. John Sutherland,Chief Water Planning Section Division of Water Resources � �L�ANpGE�EEN� FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: A. HARDEE 1 PROJECT LOCATION: LOTS 188, 189, & 190 AT THE END OF MARLIN DRIVE, HOLDEN BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCT A BULKHEAD (190 L.F.) ALONG .THE SHORELINE OF THREE (3) UNDEVELOPED LOTS, ADJACENT TO A MAN- MADE CANAL,AT THE END OF MARLIN DRIVE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project; please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NCDENR 2 2003 North Carolina Department of Environment and Natural Res ourceb OECOAOTALMANAGEME10 Division of Coastal Management SUM Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 25,2003 MEMORANDUM �C TO: Mike Kelly,Acting Director Division of Environmental Health ,16 a1 FROM: Doug Huggett rl ON Major Permits Processing Coordinator '�,— SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: A.O.-HARDEE PROJECT LOCATION: LOTS 188, 189, & 190 AT THE END OF MARLIN DRIVE, HOLDEN BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCT A BULKHEAD (190 L.F.) ALONG THE SHORELINE OF THREE (3) UNDEVELOPED LOTS, ADJACENT TO A MAN- MADE CANAL, AT THE END OF MARLIN DRIVE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY .rL�✓�f �fcoE�A.PHPM 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. This agency objects to the project for reasons described in the attached comments. SIGN 10, ti ILL r DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper RECB ® � Q IrA SEP I,�0_ 2003 --�— � NCDENR Aucs 2003 iN•� lVorth Carolina Department of Environment and Natural Resource %S7URIS;°RESERlk1nQN omcil . Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 25,2003 2 2290 MEMORANDUM TO: Ms. Renee Gledhill-Early,Director IfO Division of Cultural Resources Archives &History Building AWL � (l0-(mz� FROM: Doug Huggettm Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: A.O. HARDEE- PROJECT LOCATION: LOTS 188, 189, & 190 AT THE END OF MARLIN DRIVE, HOLDEN BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCT A BULKHEAD (190 L.F.) ALONG THE SHORELINE OF THREE (3) UNDEVELOPED LOTS, ADJACENT TO A MAN- MADE CANAL, AT THE END OF MARLIN DRIVE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. SIGNED %6DATE 1 &�) 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2..enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AUC27' 2M, AJ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 20, 2003 'AUG 2 6 2003 MEMORANDUM I ,!c TO: Mr. Charles F. Stehman, P.G., Ph.D. ZaRlIzo Division of Water Quality/Groundwater Section 54/ SEP 1 12003 FROM: Doug Huggett 0-FCOAN ZM, Major Permits Processing Coordinator % erRaVl SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: A. O. Hardee Project Location: Lots 188, 189 & 190 at the end of Marlin Dr., Holden Beach, Brunswick County Proposed Project: To construct a bulkhead (190 l.f.) along the shoreline. of three (3) undeveloped lots, adjacent to a man-made canal, at the end of Marlin Drive. The proposed bulkhead alignment would incorporate 340 sgft. of coastal wetlands and approximately 1500 sqft. of intertidal area and shallow bottom. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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 DATE �2 v 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 25,2003 MEMORANDUM RECEIVED TO: Mr. Roberto Canales CEP 8 2003 State Construction/Materials Branch MOCOASTALMMAGNEW Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: A.O.-HARDEE . PROJECT LOCATION: LOTS 188, 189, & 190 AT THE END OF MARLIN DRIVE, HOLDEN BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCT A BULKHEAD (190 L.F.) ALONG THE SHORELINE OF THREE (3) UNDEVELOPED LOTS, ADJACENT TO A MAN- MADE CANAL, AT THE END OF MARLIN DRIVE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects-to the project for reasons described in the attached comments. SIGNED DATE Z73 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director .William G.Ross Jr.,Secretary August 25,2003 MEMORANDUM RECEIVED TO: Mr. Joseph H.Henderson,Director SEP 3 2003 State Property Office 0No�OpASTA`MANAGEM Department of Administration RAL IGH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: �A O.HARDEE—' PROJECT LOCATION: LOTS 188, 189, & 190 AT THE END OF MARLIN DRIVE, HOLDEN BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCT A BULKHEAD (190 L.F.) ALONG THE SHORELINE OF THREE (3) UNDEVELOPED LOTS, ADJACENT TO A MAN- MADE CANAL, AT THE END OF MARLIN DRIVE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY _L-,__�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. This agency objects to the project for reasons described in the attached comments. SIGNED CDATE L (� 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 25,2003 RECEIVED MEMORANDUM SEP 3 2003 TO: Mr. Roberto Canales 31V.0F(;0AWA.MIM9rA&Q State Construction/Materials Branch RALCN1N Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: A.O. HARDEE > PROJECT LOCATION: LOTS 188, 189, & 190 AT THE END OF MARLIN DRIVE, HOLDEN BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCT A BULKHEAD (190 L.F.) ALONG THE SHORELINE OF THREE (3) UNDEVELOPED LOTS, ADJACENT TO A MAN- MADE CANAL", AT THE END OF MARLIN DRIVE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Z 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper • } NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 20, 2003 MEMORANDUM TO: Fritz Rohde D �n Mr. Preston P. Pate, Jr., Director r Division of Marine Fisheries Z 5 ?!iO3 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: A. O. Hardee Project Location: Lots 188, 189 & 190 at the end of Marlin Dr., Holden Beach, Brunswick County Proposed Project: To construct a bulkhead (190 l.f.) along the shoreline of three (3) undeveloped lots, adjacent to a man-made canal, at the end of Marlin Drive. The proposed bulkhead alignment would incorporate 340 sgft. of coastal wetlands and approximately 1500 sqft. of intertidal area and shallow bottom. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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 DATE �_ L- L-Zb 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 Z5 WA A74i�'A FqCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 25,2003 RECEIVED MEMORANDUM SAP ` 2 ZOOS TO: Bennett Wynne A 011`00AI°AILMNAGEM EM Wildlife Resources Commission ATTN: Habitat Conservation Program FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: A.O. HARDEE-- PROJECT LOCATION: LOTS 188, 189, & 190 AT THE END OF MARLIN DRIVE, HOLDEN BEACH,BRUNSWICK COUNTY. PROPOSED PROJECT:_ CONSTRUCT A BULKHEAD (190 L.F.) ALONG THE SHORELINE OF THREE (3) UNDEVELOPED LOTS, ADJACENT TO A MAN- MADE CANAL, AT THE END OF MARLIN DRIVE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. SIGNED /' DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper LTMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 20, 2003 MEMORANDUM D TO: Dan Sams 'AUG for: Mr. James Simons, Director Division of Land Quality DIV•QFCp*TgLyANA FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: A._.O.-Hardee Project Location: Lots 188, 489 & 190 at the end of Marlin Dr., Holden Beach, Brunswick County i Proposed Project: To construct a bulkhead(190 l.f.) along the shoreline of three (3)undeveloped.lots, adjacent to a man-made canal, at the end of Marlin Drive. The proposed bulkhead alignment would incorporate 340 sgft. of coastal wetlands and approximately 1500 sgft: of intertidal area and shallow bottom. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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. Erosion and Sediment Control Plan application and approval is required for this project. This agency objects to the project for reasons described in the attached comments. SIGNED DATE -144. ZO Zvd3 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.tic.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper r�® NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 20, 2003 MEMORANDUM TO: Ms. Melba Laney REC, Vt for: Mr. William A. McNeil, Director AEG 2 7 2003 Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: A_O.-Hardee ' Project Location: Lots 188, 189 & 190 at the end of Marlin Dr., Holden Beach, Brunswick County Proposed Project: To construct a bulkhead (190 l.f.) along the shoreline of three (3) undeveloped lots, adjacent to a man-made canal, at the end of Marlin Drive. The proposed bulkhead alignment would incorporate 340 sgft. of coastal wetlands and approximately 1500 sqft. of intertidal area and shallow bottom. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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 DATE 8-2 z A 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 r, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 20, 2003 MEMORANDUM TO: Mr., James Rosich, Community Planner DCM/WiRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: A. O. Hardee Project Location: Lots 188, 189 & 190 at the end of Marlin Dr., Holden Beach, Brunswick County Proposed Project: To construct a bulkhead- (190 l.f.) along the shoreline of three (3) undeveloped lots, adjacent to a' man-made canal, at the end of Marlin Drive. The proposed bulkhead alignment would incorporate 340 sgft. of coastal wetlands and approximately 1500 sqft. of intertidal area and shallow bottom. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: ZThis 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 DATE ,�I A Q03 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 MEMORANDUM TO: Doug Huggett Major Permits Processing Coordinator ��® FROM: James E. Rosich,AICP AUG 2 2,2003 Wilmington District Planner BKOROAVAI.MO SUBJECT: CAMA Major Permit Application: A.O.Hardee MUM Town of Holden Beach,Brunswick County DATE: August 21, 2003 The applicants propose to construct a bulkhead along the shoreline of three undeveloped canal-front lots. The bulkhead will be approximately 190 feet in length. The project site is located in the Town of Holden Beach at Lots 188, 189 and 190 of Marlin Drive, and adjacent to Canal#3. According to the field investigation report,the following Estuarine System Areas of Environmental Concern(AECs) will be impacted: Public Trust Area;Estuarine Waters;Estuarine Shorelines and Coastal Wetlands. Adjacent waters are classified SA and closed to shellfishing. The Primary Nursery Area(PNA) designation does not apply. The proposed development has been reviewed for consistency with the Town of Holden Beach 1997 CAMA Land Use Plan Update, as amended(January 23, 2003). The project is consistent with the land use plan provided all local,state and federal regulations are met. The land classifications for this project are Developed(uplands) and Conservation(AECs). `The Developed classification provides for continued development and redevelopment,' according to the land use plan. The land use plan states: "The primary intent of the Conservation class is to provide protection for the fragile resources that involve, in part AECs." The following land use plan policies are applicable: Resource Protection—Appropriate Land Use in Areas of Environmental Concern (Part a): It is the policy of the Town of Holden Beach to conserve and manage estuarine waters, coastal wetlands,public trust areas, and shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within the AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Resource Protection—Damage to Existing Marshes by Bulkhead Installation(amended January 23, 2003): It is the policy of the Town of Holden Beach to prevent damage to existing significant coastal and freshwater marshes as a result of bulkhead installation as provided under State and Federal regulation. Maintenance and replacement of existing bulkheads will be permitted. It is the policy of the Town of Holden Beach to allow for the straightening and aligning of bulkheads to original property lines on canal lots. cc: Charles Jones,DCM Ed Brooks,DCM Steven Wheeler,Holden Beach File O� WATF9 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment-and Natural Resources coAlan W. Klimek, P.E., Director > Division of Water Quality 0 Coleen H. Sullins, Deputy Director Division of Water Quality Wilmington Regional Office July 10, 2003 Mr. A.O. Hardee �v GENE 55 Park Street Extension JUL .14 2003 Holden Beach,NC 28462 ' Subject: EXEMPTION � � Stormwater Project No. SW80306 Lots 188,189, & 190 Marlin Drive Brunswick County Dear Mr. Hardee. The Wilmington Regional Office received a copy of the CAMA Major Permit Application for Construction of a bulkhead and backfill for shoreline stabilization on June 25, 2003. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000.By copy of this letter,we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System. (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development,therefore,any future development on the property,regardless of whether a CAMA Major permit is also required,will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at(910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:\WQS\STORMWAT\CAMA\030624.Jun cc: Caroline Bellis, DCM Delaney Aycock,Brunswick County Inspections Doug Huggett,DCM Wilmington Regional Office Central Files Ph N.C.Division of Water Quality127 Cardinal Drive Extension (910)395-3900 Customer Service WC—DENR Wilmington Regional Office Wilmington,N.C.28405 (910)350-2004 Fax 1-800-623-7748 5WUA, V C. At 61)6ce Ax,25,2,2 Wdm aytm,✓lrWA%6a/ma 28402 Jul 9YO-452-000Y 9?v&d.T...t&d 99ha Y4 g 6/23/03 9 C/ 5a 9ll .9805 WUk4 .RGnw Caroline Bellis Division of Coastal Management 127 North Cardinal Drive Wilmington,N.C. 28405-3845 Re: CAMA Major Permit application, Lots 188, 189, 190 Marlin Drive, Holden Beach,N.C. Dear Caroline, I have enclosed the application materials for a CAMA Major Permit to authorize the construction of a bulkhead with backfill for shoreline stabilization for Lots 188, 189, and 190 Marlin Drive on Holden Beach. Mr. A.O. Hardee is applying on behalf of the lot owners who are his daughters. Copies of the application materials have been sent by certified mail to the riparian landowners and the return receipts (green cards) will be forwarded to you as soon as possible. Please contact me with any questions that you may have regarding the proposed activity. Thank you for your assistance. Sincerely, Steve Morrison , Environmental Consultant �J t v F c A l: Application cation � ��package; $400 fee check, deed copies Cc -` Development Type FEE DCM% DWQ% (14300160143510DO9316256253) (24300 1602 435100095 2341) 1. Private,non-cammercial development that does not involve the filling or excavation of any MO 100%(S250) wetlands or open water areas: 0%(SO) IL Public or commercial development ' that does not Involve the filling or excavation of any wetlands or open 100%(S400) 0%(SO) water areas: III.For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B.C,or D below applies III(A� For Private,non-commensal development,If General water Quality Certification Nb.33D1(see attached) S250- 10D%(S250). O%(SD) - can be applied 111(13k For public or commercial development,if General wafer Quality Certification No.33D1(see attached) �� = 100%•(S400) 0%(SO) can be applied 111(C). If General Water Quality, Certification No.3301(see attached) Could be applied,but DCM staff, determined that additional review and S40D 60%(S240) written DWQ conmarence is needed - 40%(S160) . because Df concerns related to water _ quality or aquatic life 111(D� If eat Water Quality Certificati n No.3301(see attached) 5400 60%('5240) can not. applied 40%($16O) N Fordevelopmenttr dinvolves. - - the fiIImg and/or excavation of rnore - than one acre of wellands and/or :5475 60%(52(i5) -00%(5190) - — open water areas _ OMI AjUi NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 20, 2003 FAX: 910-754-5407 2 Pages Brunswick Beacon Ms. Carolyn Sweatt Legal Advertisement Section �® Post Office Box 2558 AUG 21 '2QQ3 Shallotte, North Carolina 28459 Re: Public Notice - A. O. Hardee Dear Ms. Sweatt: Please publish the attached Notice in the Thursday, August 28, 2003, 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 Chris Pope, 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, Linda Painter Coastal Management Secretary Enclosure cc: Doug Huggett Chris Pope 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 APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT 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 July 1, 2003. According to said application, A. O. Hardee, at lots 188, 189, & 190 at the end of Marlin Drive, Holden Beach, Brunswick County, proposes to construct a bulkhead (190 l.f.) along the shoreline of three (3) undeveloped lots, adjacent to a man-made canal, the alignment would incorporate 340 sgft. of coastal wetlands and approximately 1500 sqft. of intertidal area and shallow bottom. A copy of the entire application may be examined or copied at the office of Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to September 18, 2003, 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. PIMA NOENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 19, 2003 A. O. Hardee 55 Park Street Extension Little River, SC 29566 Dear Mr. Hardee: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the proposed construction of a bulkhead, at Lots 188, 189, and 190, on Marlin Drive, in Holden Beach, in Brunswick County. It was received as complete on July 1, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is September 14, 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from July 1,.2003,you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be.posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. . A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerel cc: Doug Huggett, DCM E. F. Brooks Jim Gregson, DCM Field Representative Rhonda Phillips, LPO Henry Wicker, COE Steve Morrison, Agent 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 y s � - CAMA PP— RMIT APPLI ,.I= OJECT.00ro CO3ns*r SAC* M )DWIA&C-1cl cno via) COMMENTSAlm THROUGH ► 1'%- ;LO(73 • � • � • APPLICANT: clue LOCALOFFICER C • A 0 . •. D � w .. ' , • • • DELIVERY SEN■ Complete itee'ns 1,2,and 3.Also complete _-R ived by(P as rI - learly) B D o De ery . item 4 if Restricted Delivery is desired. t _ �3 I ■ Print your name and address on the reverse so that we can return the card to you. C:Si ■ Attach this card to the back of the mailpiece, [1 Agent or on the front if space permits. ❑Addressee D. eery add ss different from item 1? ❑Yes 1. Article Addressed to: If YES,enter elivery address below: ❑No i 15o ff rzl 'n�0oe- 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Nail ❑C.O.D. av T 4. Restricted Delivery?(Extra Fee) ❑Yes 2. At` - 700;1 "2',510 '0009 1774 6927 PS Form 3811,July 1999 Domestic Return Receipt 102595.00-M-0952 COMPLETE • COMPLETE • • DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Pri t Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C. Signature so that we can return the card to you. m ❑Agent ■ Attach this card to the back of the mailpiece, X ❑Addressee or on the front if space permits. D. Is delivery address differer�D m item 1? Yes 1. Article Addressed to: if YES,enter delivery a fires elow: .W,, 0 0 r � � —Del V� ` �' 3. S rvice Type (� Certified Mail ElExpress Mail FlUen��e, SC, p 950 I ❑ Registered ❑Return'Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. i 4. Restricted Delivery?(Extra Fee) ❑Yes 2. 7001 . 2510; 0009 1774. 6910;; . ;; = PS Form 3811,July 1999 Domestic Return Receipt 102595.00-M•0952 �omc 516 828 tvwntuW DOW 95 p �m, Charl s rv+ BRUNSWICK ' 82 NORTH CAMUNk December —AM:=W. TMS DEED.Mae�n�— �•• A. O. Hardee and Joyce R_ Hardee by HO=rY r t7 -d stun td Sonya Joy-Hardee, Rt. # 2 Box'11 or the Ift,VUL North Myrtle Beac j- h, S. C. Ho S outh Carob Had Mate a!.�.------- oc the aeeand VVU ZLat A O 8arde WrrbZSSEM - TrN DOLLARS i510.00) and Love d affec us Sonya Joy Hardee � b7 Ve b�{scd and vA&nd IW ege the�pt of Wbleb isne:tto ae�ledse0. Sonya Jov Hardee h b=0b,wU gad eamt7 tO Lockwo F bdn and x=dZM a eestata U'd to t+ at Lad bade NorBrunswick - r_r, sute 11 cam gad ba®ded n9OU°'WS6 Ift' th c trip lot or parcel of land, ALL AND SINGuLAs al situate, lyin d b LoCacwood Folly Township, _� ' ng Brunswick unty, at of orth Carolina, andInOre NETY, (190) oarticul y ib a in NO. ONE HUNDRED, f of the B b r Acr la On fo Coastal Development corporation 11 1 •ck ty, North Carolina, asp PlAt at Hold each, B �� I , registered 3, dated thereof by C- B• Br Book 8 Page -1in the office 30 196 corded i MP North Carona. P. "is r of a of Brtms li we for eater certainty to hi at en is hereby of sc 'p n• i Y n Fe[.29 45 ,E JY�9 _' e1�� y f } HOOK PAR �RC9 + USE M INK AP Y The above had was eonveped to I(raator by �"--- •�•��T+-See Beet No. 194 Pue 229 I� Corp. TO HAVE AND TO HOLD the atatesald tract or parcel of Ised and all privileges and appurtenances ehereuoto below to the Uld,artY of the second part nod. h-- heLa and asst forever. i !� And the saki p.LM of the frsc part do -covenant tbat.._ they tNare � rs they have aslud of saki premises W Lie and the slpht to maory the same to fee ample: that the acme j are tree trove co w.tambrane and tbN they warrant and defend the said Utle to the same aaalatt the A-1, of all penom wbstsoever. IN TLS DZM WIME OP the raid part ie the Hrft p��have se the and we] i tseal) � . o. R ee l� t i (Seal) i tsw) J (J (Stall . - tsrut l Attest: (seal) (S CSI) j • HORRY Cam- STAT2:OP 11 Notary Pvb t;do h;tv txrs7b!hat J A. 0/Hardee and Joyce R. Hardee .•`'.�1lC�:J t cep this day and atlmowtedted tho due execution,of the anaesed dee f et cod+ +nee.. ��r 11 17th December���)�$� wan my Y day .IT✓�r� ' I.�i 2 ! r eommtaton TE OF NO C LIP14 ca ub '/)• :S31�y�rf r`' Notarr PubUa do hereby eetrib'that S ppeal+ed t before we 1hthisddayand ae>mewlexecutionthe ted the due execution of annexed deed of eaeveyaaca I w(tt:els my hand and notarial seal.•cot. ds1 or AA -._.2Y i NJ?. (seal) i BRUNSWICK - STATE OF NO&TII CAHOLiN� couNPF. The foreaaiwt oerunate(al Charles L. Watson. Notary Public r 11 f. (are) certified to be eot'rett. This lnthvmeet wax presented for registration thta day I and hour and duly recorded In the oMee of the Register of Dads of $I UASWiCk r 4. C Book. 516 page 828 21serti December A_D to 82 a. 1:40 o lock P-*r Regtsre Donna H. Prince i Depub/2C9t➢tl�t-Reslsttrbt Diedt^I� � ��'� ' • Batsaded and verlfltd: ��__`••- }. L. l f "A