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HomeMy WebLinkAbout20211655 Ver 1_CAMA Application_20211109DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: John & Terri Bednarz c/o Coastal Permit Guy LLC 2. LOCATION OF PROJECT SITE: 124 SW 4fh Street, adjacent to Davis Canal, Oak Island, Brunswick County. Latitude: 33.917977 N Longitude:-78.165110 W &INVESTIGATION TYPE: D&F 4.INVESTIGATIVE PROCEDURE: Dates of Site Visit— 819121 Was Applicant Present— No 5. PROCESSING PROCEDURE: Office — Wilmington Application Received 816/2021 DWR WQC Pre -filing date: 6/23/2021 no longer a lies Application Complete 10/21/2021 Day 30 for WQC Pre -filing 7/23/2021 no longer a lies 6. SITE DESCRIPTION: (A) Local Land Use Plan —Brunswick County Land Classification From LUP -Residential (B) AEC(s) Involved: ES (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned — Municipal (F) Type of Structures: Existing — vacant lot Planned — fill 0.131 acres of potentially non -jurisdictional (formerly section 404) wetland for recreational access to Davis Canal (G) Estimated Annual Rate of Erosion: NIA Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water (C) Other (Highground) 5706 SF (non -jurisdictional wetlands, formerly § 404) (D) Total Area Disturbed: 5706 ft210.131 acres (E) Primary Nursery Area: Yes (F)Water Classification: SA-HQW Open: No PROJECT SUMMARY: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional wetland area with upland fill within the 30 ft. Coastal Shoreline Buffer and 75 ft. Estuarine Shoreline Area allow access to Davis Canal for recreational use of the property. John and Terri Bednarz Page 2 9. PROJECT DESCRIPTION: The project site is located at 124 SW 4ch Street in Oak Island, adjacent to Davis Canal in Brunswick County. To locate the property, travel west on US-74 and exit on US-17 S, traveling approximately 24 miles until you reach NC-906. Turn left (south) onto 906 and travel approximately 10 miles. Turn right onto West Oak Island Drive, travel 0.2 miles and turn left onto SW 4" street. The property of interest will be on the left. The project area is an undeveloped 0.45 acre parcel that ranges from 0-12' above normal high water (NHW). The property is bordered to the west, east, and north by residential homes, and to the south is Davis Canal. The property is a flagpole shaped lot, with access leading from the side of SW 4th Street, to the immediate north of Parcel ID 234LF02402. The lot then turns to the south and runs to the shoreline of Davis Canal. Upland vegetation on the property currently consists of various native trees and shrubs such as sweet gum, pine trees, oak, and southern magnolia. Moving south along the property from the center towards the shoreline, there is an 0.13 acre area of wetlands that were deemed non jurisdictional wetlands (before the recent changes to the 2020 Section 401 Certification Rule) in an U.S. Army Corps of Engineers (USAGE) Notification of Jurisdictional Determination (J/D.) dated 2/22/21 (attached). Between the wetlands and nonnal high water, there is an upland berm, likely historical fill from the creation of Davis Canal. According to the J/D. there was no hydraulic connection between the non -jurisdictional wetlands on the landward side of the berm, and the waters of Davis Canal. Waterward of the berm, the property contains a small area of §404 jurisdictional wetlands (0.004 acres), which are included in the J.D., as well as a thin band of Coastal Wetlands (0.003 acres), consisting primarily of Smooth Chordgrass (Spartina alterniora). There is approximately 60 LF of shoreline at Normal High Water (See Section 404/401 Preliminary Delineation Sketch, Preliminary Site Plan for John Bednarz, Cross Sectional, and Notification of Jurisdictional Determination ).. CAMA Permit GP 80204D was issued in July 2021 (and re -issued November 2021) for the construction of a two -slip docking facility however construction has not begun at the time of this review. The waters of Davis Canal in the project area are classified as SA-HQW by the Division of Water Quality. The waters in the project area ARE designated as Primary Secondary Nursery Area) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional wetland area with upland fill within the 30 ft. Coastal Shoreline Buffer and 75 ft. Estuarine Shoreline Area to allow access to Davis Canal for recreational use of the property. The applicant has not yet applied for a permit for single family residence construction on the lot, but indicated that a home would be constructed at a later time. According to the Notification of Jurisdictional Determination from the USACE dated 2/22/21 (Action ID SAW-2020-01804) that was included in the application materials, a site visit was conducted on 12/30/21 with Gary Beecher of the USACE and Paul Farley of Land Management Group (LMG). It was concluded at the time that there was no direct hydraulic connection for the 0.13 acre wetland and Davis Canal. Based on the interpretation of the EPA's 2020 CWA Section 401 Certification Rule, prior to the recent rule change, the 0.13 acre site was considered non -jurisdictional (See Preliminary Site Plan for John Bednarz, and Notice of Jurisdictional Determination). The applicant is proposing to fill the area with clean upland fill brought to the site via haul trucks and redistributed on site with heavy equipment John and Terri Bednarz Page 3 11. ANTICIPATED IMPACTS: The proposed fill would permanently impact 5,706 SF of what was previously deemed non - jurisdictional wetlands adjacent to Davis Canal, Due to recent changes with the 2020 Section 401 Certification DCM is unclear if this area would be determined to be §404 jurisdictional wetlands at this time. The proposed wetland fill is not part of a shoreline stabilization project and would be located within 30 ft. of Normal High Water, the fill material and elevation changes may increase stormwater runoff to adjacent surface waters. In the application materials, the applicant has indicated he is willing to mitigate fill impacts if deemed necessary (See Project Narrative). Please Note: If the wetlands are determined to be jurisdictional, the portion of the proposed wetland fill within 30 ft. of NHW would be INCONSISTENT with the Rules of 15A NCAC 7H .0209(10), which lists the exceptions for allowable development located within 30 ft. of Normal High Water. 15A NCAC 7H .0209(10)(G) allows for "Grading, excavation and landscaping, with no wetland fill except when required by a permitted shoreline stabilization project" within the 30 ft. Coastal Shoreline Buffer. "Project shall not increase stormwater runoff to adjacent estuarine and public trust shorelines." The adjacent property owner on the western side of the applicant's property, Robert Behr, has submitted a letter to the Division of Coastal Management, dated as received by DCM 7/29/21, with concerns regarding stormwater runoff and seeking assurance that his property would not experience adverse effects due to this proposed project (attached). Submitted by: Patrick Amico Date: 11/5/2021 Office: Wilmington Project Narrative for 124 SW 41h Street [Bedna The applicant is proposing to fill approximately 0.131 acres of non -jurisdictional wetlands with clean upland fill to allow access to Davis Canal in Oak Island at 124 SW 4th Street. The private residence on site is yet to be constructed as the property owner recently purchased the lot in June 2021. The proposed fill area is not directly connected to the Davis Canal and it is separated/surrounded by upland areas. The adjacent properties are residential properties with no wetlands. The applicant is willing to mitigate the fill area if deemed necessary. The project will use sediment stabilization practices until the sediment is firmly held in place with substantial ground cover. No coastal wetlands or 404 wetlands are in the proposed plans. The applicant is seeking to have access to the canal with a similar topography to the adjoining neighbors. A CAMA Major Permit is being applied for because a portion of the proposed fill area is within the 75' AEC. An approved Jurisdictional Determination is included with this application from the USACE from February 2021. An accompanying survey is also included. RECEIVED AUG 4 6 2021 DCM WILW4GTON, ILL" oco NP-1 APPLICATION for Malor Development Permit (Met r wAsea lZrz710e1 North Carolina DIVtStON OF COASTAL MANAGEMENT 1. Primary Appl►cant/Landowner Information T Business Name r NIA I Pro ect Name (if applicable) u�rrat-Z �?-4 SW JokS'. Applicant 1. Firsi Name SJl MI /� A Last Name Wnar" Applicant 2: First Name Tex` r Mt F Last Name 1JCCLw If additional applicants, please attach an additional pages) with names listed. Mailing Address Ni5 Fail S R I vzr Av>✓. PO Box N/A City Pale+ State NC ZIP �uV-A Country ii fA Phone No. 3S'14 exi. alp FAX No NIA Street Address (if diHoreal from above) S fW\F M AS O,& Cily Pig S1afe N/A ZIP �/A Email -�P�I-Ct p y1� �ti ®Ab� GG t✓� 2. Agent/Contractor Information Business Name Agent/ Contractor i; First{{N��ame Ml Last Name Agent/ Conlraclor2, First Name MI MIA Last Name N/A Mailing Address tOIA PO Box 1&0 City c, CarolEn%� Slate NC ZIP Phone No 1 a (Wo - 302- - S!iyy•1S.,-i Phone No. 2 ! FAX No. j J Contractor tt N , J 4 Street Address (ildiNera� 1 a 1`bove) CityN/,4 State l 1IA N Z3P t I� Email St � ®' t, 'm V" ( u r GaM Form continues on backs RECEIVED 0CM VVI1_MINUTON, NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) g, ,�,,� Street Address qA S State Rd. N N/Pk Subdivision Name Nf�} City W L1' State NL ,Zip 2-gN� Phone No. Lot No.(s)) fineny, attach additional page with list) R19 - '301 - 357y ext. PIA- L 17 , a- In which NC river basin is the project located? LufAey b. Name of body of water nearest to proposed project D wvr S CQY,&1 c. Is the water body identified (b) above. natural or manmade? i,nn d. Name the closest major water body to the proposed project site. � / ❑Natural ❑Manmade t1unknown r W e Is proposed work within city limas or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed work falls within. Oes []No UQF_ � ` 10�tt 0 3 6t 4. Site Description a. Total length of shoreline on the tract (h.) b. Size of entire tract (sq it c. Size of individual lol(s) d, Approximate elevation of tract above NHW (normal high water) or D n L � any`/of NWL (normal water level) / Y sires, please attach additional page Wh a list) ❑NHW or +jarrNWL "'Co e. Vegetaliorlontract I. Man-made features and uses now on track UrlvaUVe-J 10�_ g. Identify and describe the existing land uses adiacenl to the proposed project site. r plc�u,"�t�iA��pW�L.iIJ�LuG�S(iMafllc ed/docki-y ��} P�l� 1 � > Il:� V'�/ S i�r+! / iQ i �".� j ` ��I11zS h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Qrr' '`p (Attach zoning compI. ce certificate, H app(icabte) ❑No ❑Yes j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes VNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No aA If yes, by whom? I_ Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No VNA National Register listed or eligible property? <Form continues on next page> RECEIVED OCT 18 M1 0CM VViLMINGTON,,NC Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? metry .jri &tLa'ot, ak wAk4s I r% JjfYes []No n ul�- arm (ii) Are there coastal wetlands on the site? Yes ❑No If has delineation been ❑No (iii) yes to either (i) or (ii) above, a conducted? (Attach documentation, ifavaitable) ZD�I es �S Afr ^t^n n. Describe existing wastewater treatment facilities. /A o. Describe existing drinking water supply source, NA p. Desenbe existing storm water management or treatment systems. N r4 5. Activities and Impacts a. Will the project be (or commercial, public, or private use? ❑Co ercial ❑PubliclGovernmerd rivalelCommunity b. Give a brief description of purpose, use, and dairy operations of the project when complete. (j1�f-jgt� w tl' -611 ►s +n jji 1ve, ac�cos s h DA�s C-tha ( �>" � "°I iWNA pt' &— ��1t6�?+'.J (c-. 11'Yl.Qrc:-� tF0Sed �f�^;r1 Y -IR InSL ) c- Describe the proposed construction methodology. types of construction equipment to be used during construction, the number of each type of equipment and where it is to be sLte, `± d. � � ' � p � �'14tI�I �� r•I ^ ' } I 1 S �, d List all development activities you propose. - �,!! 0,14i �c.rc s ti� ✓►u''� w'; ice' i �trx�tu ( W�tir�^!`Scol �t Urn t,� - AEC)see. s r•uey� D e. Are the proposed acttvities maintenance of an existing project. new work, or both? i W w ^F. L What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or cres n,I3` g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes Mo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No L Will wastewater or stormwater be discharged Into a wetland? ❑Yes o ❑NA 1f yes, will this discharged water be of the same salinity as the receiving water? j]Yes ❑hlo M14A j is there any mitigation proposed? n ` �`� } �'�ji r` M� _ 1 n []Yes [IN. NA If yes, attach a mitigation proposal. r N k (q "i"� ,eCC5 E <Form continues on backs RECEIVED Lf`i II`, ;a".-L G 1 PCM WILMINGTON, NC Form DCM MP-1 {Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition In thts completed application form. (MP-1) the following items below, d applcablo, must be submitted in order forthe application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consul the application instruction booklet on how to properfy prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn 10 scale Please give the present status of the proposed project, Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. G. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site, d- A copy of the deed (with State application only) or other instrument under which the applicant c4airs tille to the affected properties. e. The appropriate application fee_ Cheek or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name C Wk, gS y ; 1 ! �1 0�� Phone No. fir, �^ Address 171 �w�� t [)Ak—TkLq.- 4,N(,ZCr'r� q10-�Ozo-�7(p Name Fir Phone No. Address Name Phone Pho/n�eNo. qp y c Address 12�V,, j 4� J{^ (�� , vQK TELtsv J PI& !�T! 1 � 7 -1tq - ! 1q � `I U✓ g. A list of previous state or federal permits issued for work on the project Iract- include pefmil numbers, permiltee. and issuing dates is^ Jh h. Signed consultant or agent authorization form. if applicable - i. Welland delineation, if necessary. j_ A signed AEC hazard notice for projects in oceanfroni and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N C.G.S. 113A 1-10). if necessary. It the project involves expenditure of public funds or use of public lands. attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthJul tP the best of my knowledge. Date Jun 28, 2021 Print Name s-Ohn Pd1Wz_ AL. l�i5r Signature 7e indicate application attachments pertaining to your proposed project. M MP-2 Excavation and Fill Information ❑DCM Mf -5 Bridges and Culverts VCM MP-3 Upland Development .-. ❑DCM MP4 Structures Information RECEIVED :4,- :'Q�...',:... I -�k:- .rrr_-ua . .. ;..s,t,,:,.. ... eo OCT 18 2021 0CM WILMINGTON, NC Form DCM MP-2 EXCAVATION and FILL (Except for 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 that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill aclivitles. All values should be given in feet. - TaW Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length ' ry q,5 Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION This section not applicable a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavaled- cubic yards c. (i) Does the area to be excavated include coastal weflandslmarsh d- High ground excavation in cubic yards -� (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected ❑CW ❑SAV _ ❑SB ❑WL ❑!Vona (n) Describe the purpose of the exravabort in these areas: 12. DISPOSAL OF EXCAVATED MATERIAL Crhis section not applicable J a, Location of disposal area. b. area- c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for luture maintenance? ❑Yes ❑No DNA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes. where? e (i) Does the disposal area include any coastal wellandstmarsh I. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shefl bottom (SB). []Yes ❑No ©NA or other wetlands (WL)? If any boxes are checked. provide the (H) If yes, how much water area is affected? number of square feel affected. ❑CW ❑SAV _ [ISB ❑WL ❑None fill Describe the purpose of disposal in these areas' RECEIVED 1 o+18-di: '.Ji',t yll a PCcc.-.:?`c :,�I.: xt- -_ I q..1ia ..:�s.. �i. ...'•i_. OCT 1 S z021 DCM W)WINGTON, NC .. � •} te'-.. c, ..-��?c . . .. - _ ors .Fte � :1 1 SHORELINE STABILIZATION l(if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilizatiom ❑Bulkfiead ❑Riprap ©Breakwaledsill �urec c. Average distance waterward of NHW of NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfrll _ Riprap Breakwater/Sill Other i. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) section not applicable b. Length, Width: d. Maximum distance waterward of NHW or NWL f. (1) Has there been shoreline erosion during preceding 112 months? ❑Yes ❑No (ii) If yes, state amount of erosion and source of erosion amount information- h. Type of fill material, a. 0) Will fill malenat be brought to the site? UYes ©No []NA b. if yes, (4) Amount of material to be placed in the water (iii) Dimensions of fill area - (00 i<JSt (iv) Purpose of fin �Sif +�Z at ott[J "tUY+v�x(i2.SS QCcY15�� - $�"Q []This section not applicable (i) will. fill material be placed in coastal wetlandstmarsh (CW). submerged aquatic vegetation (SAV), shell bottom (SB). or other wetlands (WL)? If any boxes are checked. provide the number of are feet affected. l ❑CW ❑SAV [ISO PIA �[WL•' r oy, ❑f e Ns,,-Sw75r,�r[iat,�i) l�uedial` (ii) Describe the purpose of the fill in these areasrr jf it'U4i a k�C*>r+l�ly+�r * 4 Tz" PRA1 . Gt pa- i � C,%MIA 5. GENERAL --- ---- --- - - -- a How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g dragiina, controked? backhoe, or hydfautic dred Qe)? 6.iIrc wyv(i� �NAit�ucks�lxtur�rae�f-urn QY�C LZ c/ c (i) Will navi of nal aids be required as a result of the jecl? d (i) Will wetlands be or sed in transporting equipment to project ❑Yes Mfio ❑NA site? ❑Yea 63flo ❑NA (ii) If yes, explain what type and how they will be implemented (ii) If yes, explain steps that will be taken to avoid or minimize environmental i paCI -- -'A Dale c Jun 28, 2021 Project N M%k, rz Applicant Name �o11h �ror Z Applicant Signature RECEIVED a' ia':-r• OCT' 18 2021 QG M WILMINGTON, NC Form DCM MP-3 UPLAND DEVELOPMENT (Construction andlo► land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MPA _ Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL [UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units at structures b. Number of lots or parcels. proposed- 0 c, Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads. acre/ I r ditches, etc ' f 1. ft� Ore_ 5I `e !C tr vtg _01,2,1 aae_t V1tl11 lU"IS�IU�Iu+�{ r)ovity.UA 'IV\C #k fs gy, S e. It the proposed project will disturb more than one are of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, haVD,.ne.nt talion and erosion control plan been submitted to thLand Resources? ❑Yes ❑No Iiiy If yes, list the date submitted N to n g, Give the percentage of the tract within the coastal shoreline AEC to 1! be covered by impervious and/or built -upon surfaces, such as fi pavement, building, rooftops, or to be used for vehicular driveways or parking. NIA i. Civo tho porcontago W tho onfiro tract to ba covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops. or to be used for vehicular driveways or parking. NIA j. Describe proposed method of sewage disposal. NIA I Describe location and type of proposed discharges to waters of the state (e-g-. surface runoff, sanitary wastewater, industriall commercial effluent, 'wash down' and residential discharges). NIA 1. List the materials (such as mad, paver stone, asphalt. or concrete) to be used for impervious surfaces NIA h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (it Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ©No X NA (ii) If yes. riot tho date cubmitted k. Have the taulifies described in Item (1) received stale or local approval? ❑Yes X No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes X]No ❑NA If yes, attach appropriate documentation QCT' 1 S 2021 QQM WILMINGTON, NG M. Describe proposed drinking water supply source (e.g„ well, community, public system, etc.) NIA o When was the lot(s) platted and recorded? June 23, 2021 (Bednarz Deed Recorded) Dale .fun 28, 2021 Project Name Applicanl Namep Applicant Signature (j) Will water be impounded? ❑Yes ©No Q4A, 16j It yes, how many acres? 0// 4 p If proposed development is a subdivision, will additional ulilities be installed For this upI development? ❑Yes ❑No NA RECEIVED OCT' S 2021 OCKA VvIJAINGTON, NG Contact Name * Ben Brink Contact Email Address* ben@coastalpermitguy.com Project Owner` John Bednarz Project Name * Bednarz 124 SW 4th St. Project County* Brunswick Owner Address: * Street Address 2428 Falls River Avenue Address Line 2 city Raleigh Fbstal / Zip Code 27614 Is this a transportation project?* r Yes r No Types) of approval sought from the DWR: IJ 401 Water Quality Certification - r 401 Water Quality Certification - Regular Express V Individual Permit r Modification r Shoreline Stabilization Does this project have an existing project ID#? r Yes C No State / Province / F89gion NC Country USA Do you know the name of the staff member you would like to request a meeting with? Holley Snider Please give a brief project description below and include location information.* The applicant is purchasing the lot at 124 SW 4th Street in Oak Island, NC. There are approximately 0.131 acres of non -jurisdictional wetlands. The jurisdictional determination has been approved by Gary Beecher with USACE. A survey has been completed with the watland boundaries and is in the process of being verified by USACE. The applicant is seeking a General Permit or Certificate of Coverage to discharge into these non jurisdictional wetlands to level the lot for access to the canal. Project Address: 124 SW 4th Street Oak Island, NC 28465 RECEIVED AUG 46 2021 Survey/Approved JD Attached. DCM WILMINGTQN, NC By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 6/23/2021 RECEIVED AUG 06 2021 DCM WILMINGTON, NC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01804 County: Brunswick County U.S.G.S. Quad: Lockwoods Folly NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant Address: Telephone Number: E-mail Address: S&G Investments Thomas Armstrong 7305 Autumn Lake Drive Summerfield, NC, 27358 (336) 312-3317 a rm stro n a.t1.2(&pQ.com Size (acres) 0.45 acres Nearest Waterway Long Bay USGS HUC 03040208 Nearest Town Oak Island. NC River Basin Lower Pee Dee Coordinates Latitude: 33.918412 Longitude:-78.165046 Location description: This undeveloped lot is located at 124 SW 4"' Street in Oak Island, Brunswick County, NC (Parcel ID: 234LF002). Indicate Which of the Followint3 Apply: A. Preliminary Determination There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RNA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. S. Approved Determination X There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC & 403) and Section 404 of the Clean Water Act (CWA)(33 USC S 1344). Unless there is a change in law or our eublished regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S., including wetlands, on the above described project area subject to the perACCE)VED requirements of Section 404 of the Clean Water Act (CWA) (33 USC $ 1344). Unless there is a change in the law or our Page I of 2 116 U G 2021 Dcm W11'M1IVr'--OfV, N� SAW-2020-01804 ublished re ulations this determination may be relied upon fora period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. X The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA iurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USG § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at (910) 251-4694 or Gar .H.Beecher usace.arm .mil. C. Basis For Determination: This site exhibits 0.004 acres of 404 wetland criteria as described in the 1987 Corps Wetland Delineation Manual and The Atlantic and Gulf Coastal Plain Regional Supplement. Montgomery Slough is a Navigable Waterway. D. Remarks: A site visit was conducted on December 30 2021 with Paul Farley LMG . The visit revealed that there is no direct hydraulic connection for the 0.13acre wetland and Montgomery Slough. There is a historic berm located between these two features. Based on the NWPR the 0.13 acre wetland is no lonLyer a Jurisdictional Water of the U.S. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form ,�r� to appeal this determination you must submit a completed RFA form to the following address: A'�` KAM US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A.SHANNFN@USACE.ARMY.MIL AUU u 6 z021 DCM WILMINGTONaHu SAW-2020-0I804 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by April 22, 2021. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed b GARY H. BEECHER GARY H . BEECHER Date; 2021 02.22 9:56:19-05'00' Corps Regulatory Official: Date: February 22, 2021 Expiration Date: February 22, 2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/fj2=136:4:4. Copy Furnished via e-mail to: Consultant: Wes Fryar Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 (9101452-0001 wfryar(R4meroua,net RECEIVE AUG 0,6 202, DCNl WILMINGTON, NC ROY COOPER ELIZABETH 5, BISE-R V" F4,Nr, BRrIXTON DAVIS n,<<, Ben Brink Coastal Permit Guy LLC P.O. Box 1661 Carolina Beach, NC 28428 Dear Mr. Brink: Environmental Quality November 5, 2021 The Division of Coastal Management hereby acknowledges receipt of your application for development of the subject property, on behalf of John and Terri Bednarz, located at 124 SW 41hStreet adjacent to the Davis Canal, in Oak Island, in Brunswick County. It was received as complete on October 21, 2021, and due to recent changes with the 2020 Section 401 Certification Rule, appears to be adequate for processing at this time. The projected deadline for making a decision is January 4, 2022. 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 October 21, 2021, 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely,-- Patrick Amico Field Representative cc: Cameron Luck DCM Gregg Currey, USACE Courtney Milliron, LPO Holley Snider, DWR John & Terri Bednarz, Applicant •� 4 NORTH CAROLINA £nwrorvnental Quaht} November 8, 2021 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • John & Terri Bednarz Hello: Please publish the attached Notice in the Saturday, November 13, 2021 issue. ROY COOPER Govenior ELIZABETH S. BISER Secretary BRAXTON DAVIS Director, Division of Coastal Management The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. *****Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226. Paying by credit card, (Customer No. 489895). Thank you for your assistance in this >1'erely, & A & K, --� LQ 1r7, TanyaPing ietila f ermiSupport & Customer Assistance cc: MHC Files Cameron Luck — MHC USAGE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On November 5, 2021, John & Terri Bednarz proposed to fill .131 acres of wetland within the 30' Coastal Shoreline Buffer & 75' Estuarine Shoreline Area to allow access to Davis Canal at 124 SW 4!" St., adjacent to Davis Canal in Oak Island, Brunswick County. Copies of these applications can be examined or copied at the office of Patrick Amico N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 4, 2021 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 these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: John Bednarz 2428 Falls River Avenue Mailing Address: Raleigh, NC 27614 919-302-3574 Phone Number: terdjohn710@aol.com Email Address: CPG, LLC I certify that I have authorized , Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits CAMA Major Permit for Fill in non necessary for the following proposed development: jurisdictional wetlands. DWR General Permit/Certificate of Coverage at my property located at 124 SW 41h Street (Oak Island) in Brunswick County. D 1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. (property Owner Information: Mk r John $ednarz (Jun 28, 202116:31 EDT) Signature John Bednarz Print or Type Name Property Owner Titre 6 24 / 2021 Date This certification is valid through 6 i 24 ! 2022 RECEIVED AUG 06 2021 [ACM WILMINGTON, NC U.S. Postal Service CERTIFIED MAIL") RECEIPT Domestic Mail 0111Y C3 kJ 51" IC (F84 Ce Mail USE rr) Fee (c box aw AN ❑RetuilC3 fiawpt OM 0449 05 1-3 D*W� Fl"Jpj POSUnark C3 Here [Adult Skgnalwa FkOUHed D.Vory M Postage LF) zt- ru Tola OstagsandF a. 15 $ 0�/08/2021 $ Sent To pa ru C3 f�- ,;-a — - ---------------- r .............. U.S. Postal Service' CERTIFIED MAIL(') RECEIPT M Domestic A4ail (),11Y Ln ink , 1 slln Ce Mod M ai4— E 1:0 J' S, E M $ 3.60 Extra ervfcw& o@,s(chm*bcwedu lea C1449 � C3 pm. ptec'eNial 0,uu.—W4� e) M 0 Cw"Od Ma ROSWI-6 DoWery L3 t3Adot W903Vl Req� Hem LjAjujj 519fl3tuto Flo,I&IM co Postage — L17 $0 Total Postage and f; ru C3 Sont To rU --- i.... rLe.S id.--�7 ie� N x No. ......... --------- --- -------- ' 'try dare: lRiJd -- W 3---- -------- I 5, Aa I - - DGM W11NINGTON, NC 7/15/2021 USPS.com® - USPS Tracking® Results USPS Tracking® Track Another Package + Tracking Number: 70202450000063085141 FAQs > Remove X Your item was delivered to an individual at the address at 10:46 am on July 14, 2021 in OAK ISLAND, NC 28465. 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July 10, 2021, 10:29 am Notice Left (No Authorized Recipient Available) OAK ISLAND, NC 28465 CD Q Cr W n x https:/ltools.usps.com/go/TrackConfirmAction 112 7/15/2021 USPS.com@ - USPS Tracking® Results July 10, 2021, 8:57 am Arrived at Post Office SOUTHPORT, NC 28461 July 9, 2021, 11:13 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX July 9, 2021, 11:06 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX July 8, 2021, 11:03 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER July 8, 2021, 4:20 pm Departed Post Office KURE BEACH, NC 28449 July 8, 2021, 3:49 pm USPS in possession of item KURE BEACH, NC 28449 Product Information V See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs m m a Cr https://tools.usps.com/go/frackConfirmAction 212 7/1312021 USPS.corr(D - USPS Tracking® Results USPS Tracking® Track Another Package + Tracking Number: 70202450000063085134 FAQs > Remove X Your item was delivered to an individual at the address at 10:13 am on July 10, 2021 in OAK ISLAND, NC 28465. GV Delivered, Leff with Individual July 10, 2021 at 10:13 am OAK ISLAND, NC 28465 Text & Email Updates Tracking History MA n July 10, 2021, 10:13 am Delivered, Left with Individual OAK ISLAND, NC 28465 Your item was delivered to an individual at the address at 10:13 am on July 10, 2021 in OAK ISLAND, NC 28465. July 10, 2021, 8:57 am Arrived at Post Office SOUTHPORT, NC 28461 July 9, 2021, 11:13 pm Departed USPS Regional Facility httpslltools.usps.comlgo/TrackConfirmAction 112 7/13/2021 USPS.comV - USPS TrackingOD Results FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX July 9, 2021, 11:07 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX July 8, 2021, 11:02 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER July 8, 2021, 4:20 pm Departed Post Office KURE BEACH, NC 28449 July 8, 2021, 3:49 pm USPS in possession of item KURE BEACH, NC 28449 Product Information v See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs m https:lltools.usps.com/gofTrackGonfirmAction 212 126 SW 4th Street Oak Island,NC 28465 Tara MacPherson 127 Cardinal Dr. Ext. Wilmington, NC 28405 Dear Ms. MacPherson, recently received a certified letter in reference to a permit application to fill non - jurisdictional wetlands on property located at 124 SW 4th Street, Oak Island, NC. This property is adjacent to mine, and my concern is that water currently ponds in this area after rain. I would just like to be assured that any fill in this area would not have an adverse affect of having this water directed toward my property. Thank you for your assistance, Sincerely, Robert Behr 126 SW 4th Street Oak Island, NC 28465 919-999-7055 RLOSIVED JUL 2 9 2021 QQM WILMINQTQN, NQ Varnarritown'' Lockwoo'dTolly. �R s Country Club SunseSiHarbor A $' 124 SW 4th St;�Oak -[Island,;NC-28`65 " acoaslal WalernaY 'Snuthp rt EJak'Island w . 'n,i Pier ell Beach Fort C-��Sr,rll Imp�'► i a x i Yr r•. a i a }"a�'� (`R E;-�.LY „, � ; � • f':124 SW hth St, Oak r 1} J',�, F `ir '. ( �: '' k y 1 : .., . island. NC 28465 r 1 `i ; �' ir AA OakIr ls�nri Dr 1 r f 0 a k I s I n;d.' oak wand Dr , v. E Oak rsl,nd Dr 124'SW 4th St, Oak `f, !' Y 1. ! Island,. NC 28465 !� " 54 er` r 1 ' J w W JP POe som M 24 �'� � 3§�tl�yx' z w a M �'qA-A y cv :.V 4 r—i W y v l �LU v I� N N w CD O � W QM ykq(]� y FjC oazwzti� �� titiaah°,wo 3 e� J}o � c � e W`N � zj ! 4 41* hry � O N W $ 0. Q W ti o k- W 2 U E6 y Z r Hal $R OW o u PA ° U BtE�QS h ..,�„����,, m°o wil N y t 0 R lot I O �C) 0 rl�¢kn 0 LL H b tV. V V O M a J JIIJJ SSSSSS' m � d � � a a rL o4=Ud♦ a ia LU LU 0 LU m I_. tr q i n a Sr r 0 u N Park,,,, t spa O 8t James br St J.7rn�,s C � VH Yact, kt'f rn -' pUlect's, SF q_L U W Oak 1,i3rtry RpS�. Or r F 0" 154and or Ctd Pencan Ck W C)niQhln Of ErW !leach Dr f 001pilln Dr C Beath Of ,.,. . Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community L:IWETLANDS12020 WETLANDS FILESILMG20.356 --- N 124 SW 4th St, S&G Investments\Maps 0 1,500 3,000 6,000 Boundaries are approximate and not meant to be absolute. Feet Map Source: ArcGIS World Street Map 24 sw 4th St 4LMG Brunswick County, NC Figure 1 LAND MANAGEMENT GROUP g .July 2020 a DAtEY#- company R ECEYWifilty Map 3805 Wrightsville Avenue LMG #20.356 Wilmington, NC 28403 (910)452-0001 1 AUG 06 NZI Legend Boundary — 0.45 ac A Uplands — 0.31 ac (69%)u. Wetlands — 0.004 ac ( 1 /o)'_ ;ems Coastal Wetlands — 0.003 ac (1%) Coastal Wetland Line rtrt" •• Non -Jurisdictional Wetlands —0.131 ac (30%)' Normal High Water Line t 75' Area of Environmental Concerni Data Points a h' a `{ _- NW1 IYX T. Aj NOTE: This is not a survey. All boundaries and distances are considered W1 CW1 approximate. This represents a preliminary sketch prepared from Feld notes. A survey of delineated areas and review and approval by the U.S. Army Corps of Engineers is recommended prior to specific site planning. L:IWETLANDS12020 WETLANDS FILESILMG20.356 --- N 124 SW 4th St, S&G Investments\Maps 0 20 40 $0 Boundaries are approximate and not meant to be absolute. AUG 0 6 2021 Feet Map Source: 2019 Ea leView Aerial Photo ra h jk 124 SW 4th St P-LA �N, NC Brunswick County, NC Section 404/401 Preliminary LAND MANAGEMENT GROUP DAWEY#_ Delineation Sketch July 2020 a company 3805 Wrightsville Avenue LMG #20.356 Wilmington, NC 28403 (910) 452-0001 (ACAMA / I I DREDGE A FILL 1 9 80204 A B C GENERAL PERMIT Previous permit # IWNew )Modification f iComplete Reissue : JPartial Reissue Date previous permit Issued As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC i-iKulesattached. Applicant Name 3t w &dAt4% "- Project Locatiom County_. 't',-C it Address n�.1,4.,e'ice- Street Address/ State Road/ Lot #(s) City - - - statj�r, zlP 2 �%4 . . 12, 4... S w 4 '1'` Ste" Phone # ( _ �£-Mail "; J i+4 :7( 4 GO 401- WASubdivision Authorized Agent �-1 [.'LC' _ _ City fiJJ IS, (441w zip �`n7 Affected I I CW [ I EW *MTA KES f PT5 Phone # ( ) ---..-__-____._...._._ River Basin L4*K-11� I. 1 OEA 1. i HHF ' 1 !H ! 1 t1BA -IN/A �-J AEC(s): Adj. Wtr. Body Ir 44" /nun /unkn) l :l Pws: �j tV V ORW: yes 1 PNA / v, Closest Maj. Wtr. Body . /!! - Type of Project/ Activity Pier (dock) length Fixed Platform(&) 1 Floating Platform(s) 1 ]y Finger pier(&) Groln length number Bulkhead/ Riprap le h----- avg distance o max distance offs re Basin, channel .............__ cubic yards Boat ramp r .. Boat oat/' IZA- (� Beach Bulldozing Other Shoreline Length 4 SAY: not sure yes Efd1 Moratorium; n/a yes CY Photos: yes /t6) Waiver Attached:;1 19 no g{.0 4 n .lil'c I- eh • i 1F A building permit may be required by: ( Note Local Planning Jurisdiction) Notes/ Special Conditions __444.__ 5&7 3t _ Ben Brink (CPG, LLC) Agent or Applicant Printed Name Signature "e Pleaserread compliance statement on back of permit 7 Alp a zA (Scale: i l t> ) VAINF4&6 See note on back regarding River Basin rules. tPcrmitOlficer P ed Namc nat�� 5 ure 11 ]2 /-2 t II' II l �l ll II I I I I I I I I II I I"'I llI I I'll BOOK:4651 PAGE:854 °i s�'3f9(10 Page 1 of 3 Brenda M. Clennnans. Brunswick County- NC Register of Deeds E Brenda M. Clemmans, Brunswick County, NC Register of Deeds 06J29�2021 11:59:38.GOO NC REVENUE STAMP: $490.00 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $490.00 Parcel No. 234LF002 Prepared by: Ryan W. Johnson, a licensed NC attorney, P.O. Box 10685, Southport, NC 28461 Delinquent taxes, if any, to be laid by the closing attorney to the Brunswick County Revenue Office upon disbursement of the closing proceeds. Lot 17, Block 205, Section 15, Tranquil Harbour This Deed is made this a 3 day of 7L ng, - 2021 by and between GRANTOR S & G Investments, Inc. A North Carolina Corporation 7305 Autumn Lake Drive Summerfiield, NC 27358 GRANTEE Terri R. Bednarc and spouse, John A. Bednarz 2420 Falls River Avenue Raleigh, NC 27614 The designation Grantor and Grantee as used herein sbaH include said parties, their heirs, successors, and assigns, and shall include singular, plural, mascalhw, feminine or neuter as required by context. The Grantor represents that this property is / is not X their primary residence. WITNESSETH, that, Grantor, in consideration of Ten and No/100 ($10.00) Dollars and other good and valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, by these presents, does give, grant, bargain, sell and convey unto the said Grantee, and Grantee's heirs, successors, and assigns, forever, in fee simple, all that certain lot or parcel of land located in the County of Brunswick, State of North Carolina, and more particularly described as follows: RECEIVED Page 1 of 3 AUG 06 2021 DCM WILMINGTON, NC Submitted electronically by The Law Office of Ryan W. Johnson, PLLC in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds. BEING ALL OF LOT 17, as the same is shown on a map entitled Recombination Frank Cotten recorded in Map Cabinet 30 at Page 3K in the Brunswick County Registry, said lot having the metes, bounds and location as shown on said map. Grantor acquired property by deed recorded in Book 2041 at Page 965 of the Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances, thereto belonging, to the said Grantee and said Grantee's heirs, successors, and assigns, forever, in fee simple; and the Grantor, for itself its successors and assigns, does covenant with the said Grantee and said Grantee's heirs, successors and assigns, that Grantor is seized of the premises in fee simple, and has the right to convey the same in the estate aforesaid, that title is marketable and flee and clear of all encumbrances, except as herein stated, and that Grantor hereby will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions herein sued. Title to the property hereinabove is subject to the following exceptions: 1. Ad valorem taxes for current and went years. 2. Easements for utilities and rights of way in the chain of title. 1 Restrictive covenants of record. (Signatures and notarial acknowledgments on following pages) RECEIVED AUG 016 ?02.1 DCM WILMINGTON, NC Page 2 of 3 IN WITNESS WHERMF, the Cgrantor has duly executed the foregoing as of the day and year first above written. S & O, InvestmeAb. Inc. President STATE OF NORTH CAROUNA COUNTY OF ; ' ' , a Notary Public for said state and county, do hereby certify tW Thomas L. Armstmom President of S & G Investments, Inc. having the full authority of the corporation, personally appeared before me this day and acimowledged the execution of the foregoing insh=ent on behalf of the corporation. WITNESS my hand and official seal or stamp, this Z�L day of June 2021, tidal Seal r)k&-h' NOTARY KJBLIC MARY BETH HARRIS My Commission Expires. 2 ) 02CZ-5 Notary Public Randolph Co., Noah Carolina My Commission Explres Feb. 6, 2025 RECEIVED AUG 0 6 2021 DCM WILMINGTON, NC Psge 3 of 3 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 8, 2021 MEMORANDUM: �nEQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.lucka-NCDENR.gov SUBJECT: D & F Applicant: John & Terri Bednarz Project Location: 124 SW 4i" Street, adjacent to Davis Canal, Oak Island, Brunswick County Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional wetland area with upland fill within the 30ft. Coastal Shoreline Buffer and 75ft. Estuarine Shoreline Area to allow access to Davis Canal for recreational use of the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 4, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** 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. PRINT NAME AGENCY SIGNATURE DATE E Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - .e ..e t of en.troome W mail /� 910.796.7215 Major Permit Fee Schedule Project Name:�Cdjj4r'b ! YA'Tvl'Id(bftO'-W4 : g/wjSWcG Check No & Amount: G 3s9 Development