19950917 Ver 2_CAMA Application_20100714

AQ=
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
July 13, 2010
MEMORANDUM: EXPRESS
TO: Cyndi Karoly
Supervisor JUL 14 2010
401 Oversight and Express Permits Unit DENR WATEROUkn
Division of Water Quality-Surface Water ProtectionWEXWAWSMRMWATFRWMC
FROM: Jason Dail, NCDENR/DCM/WIRO Express Major Permits Coord.
127 Cardinal Drive Ext., Wilmington, NC 28405 (Courier 04-16-33)
SUBJECT: CAMA Major Permit Application Review
Applicant: Brunswick Co. - (Marty Lawing) Sea Aire Estates Sewer Project
Project Location: Along Caison Dr., Sea Aire Estates Dr., & Sea Aire Canal Dr.,
adjacent to AIWW, near Holden Beach, NC, Brunswick Co..
Proposed Project: Applicant proposes to extend sewer services to the residents of Sea
Aire Estates
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 7, 2010. If you have any questions regarding the proposed
project contact Jason Dail [phone], 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
400 Commerce Ave., Morehead City, NC 28557--3421
Phone: [phone] FAX: [phone] Internet: www.nccoastalmana-gement.net
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
NahzinullY
DIVISION OF COASTAL MANAGEMENT.
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Brunswick County
2. LOCATION OF PROJECT SITE: Project located along Caison Drive, Sea Aire Drive and Sea Aire Canal
Drive, adjacent to the AIWW in or near Holden Beach, Brunswick County.
Photo Index - 2006: A-N, 12-17 2000: A-N, 12-17 1995 : A-0, 10-15
State Plane Coordinates: X: 2215030 Y: 62186
Lat:33155'07.458" Long: 78117'28.838"
3. INVESTIGATION TYPE: CAMA Rover # - V-112103A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/21/09 and 4/20/10
Was Applicant Present - Yes, agent
5. PROCESSING PROCEDURE: Application Received Complete - 7/08/10
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES
Water Dependent: No
(D) Intended Use: Municipal
(E) Wastewater Treatment: Existing - Septic Tanks
Planned - Sanitary Sewer
(F) Type of Structures: Existing - Utilities, Roads and Residential Structures
Planned - Sewer line extension
(G) Estimated Annual Rate of Erosion: Not applicable
Source - 1998 Erosion Rate Update (LTAASCR)
7. HABITAT DESCRIPTION: [AREA]
DRpnnFn FIT T FT) nTLTrV
(A) Vegetated Wetlands
("404" type and coastal)
(B) Non-Vegetated Wetlands
Open water
(C) Other 103,672 sq. ft. (2.38 ac.
High ground disturbed)
(D) Total Area Disturbed: 103,672 sq.ft. (2.38 ac.)
(E) Primary Nursery Area: No
(F) Water Classification: SA OPEN: No
8. PROJECT SUMMARY: Brunswick County proposes to extend sanitary sewer services to the residents of Sea
Aire.
Brunswick County
Page Two
9. PROJECT DESCRIPTION
The project site is located on the mainland side of Holden Beach in the Sea Aire community of Brunswick County. To
access the property from the Wilmington regional office, travel west along Martin Luther King Blvd. and cross the
Isabella Holmes bridge (3`d Street bridge). Merge right onto 74/76W and continue through Belville. Merge right onto
Highway 17 South and travel approximately 23 miles. Turn left onto Highway 211 in Supply and take the next right on
Stone Chimney Road. Continue along Stone Chimney Road (turns into Old Ferry Connection SW) and bear right onto
Sabbath Home Road SW (Highway 130). Follow Highway 130 until it intersects Seashore Road SW. Take Seashore Road
SW and turn left onto Sea Aire Drive SW (<O.10 miles from the intersection of Highway 130 and Seashore Drive). The
overall size of the utility easement along each road totals approximately 2.38 acres, and high ground disturbance has been
estimated to include all 2.38 acres. Residential properties border the proposed work site(s) and vegetation consists of
typical maritime shrub vegetation including: Wax Myrtle, Yaupon, Red Cedar, Pine, Oaks (dominant) and Catbriar. The
remaining vegetation is limited to lawn grasses and ornamental landscaping. Transitional high ground vegetation consists
of typical maritime grassland species including Salt Meadow Hay (Spartina patens), Grounsel-bush (Baccharus
halimifolia) and Cactus. Elevations along the easement range from 1-8 feet above the normal water level (NWL). The
natural areas surrounding the canals and Atlantic Intracoastal Waterway (AIWW) contain fringes of smooth cordgrass
(Spartina alternijZora) which grade into high marsh species including salt meadow cordgrass (Spartina patens), Black
Needle Rush (Juncus roemarianus), Glasswort (salicornia spp.), Sea Lavender (Limonium spp.), Salt Grass (Distichlis
Spicata), and Sea Oxeye (Borrichia frutescens).
According to the applicant, the project site (also referred to as "Sea Aire Estates") is comprised of a 50 lot residential
subdivision, all of which currently utilize on-site septic systems. Approximately 10 of the 50 lots remain undeveloped and
do not contain any type of sewage treatment. The subdivision was initially developed and created from dredge spoil
material excavated from the "Sea Aire Canal", which is located along the southern side of the subdivision, adjacent to the
AIWW. The basin, through and by maintenance excavation, maintains a "T-head" type configuration. The entire interior
portions of the basin is bordered, or stabilized by a wooden bulkhead. A vast majority of the homes located along and
adjacent to the basin contain private piers and docks.
The waters of the AIWW, in the vicinity of the proposed project, are classified as SA by the N.C. Division of Water
Quality. The area is NOT designated as a Primary Nursery Area by the Division of Marine Fisheries, and
according to maps provided by Shellfish Sanitation, the area is CLOSED to the harvesting of shellfish (within
the Sea Aire basin).
PROPOSED PROJECT
The County of Brunswick is proposing to extend existing sewer services to the residents located along Caison Drive, Sea
Aire Drive and Sea Aire Canal Drive (also known as "Sea Aire Estates"). As proposed, Brunswick County in requesting
authorization to improve the existing sewer services in the Sea Aire community by installing a 2"-3" pressurized line
along the edges of Sea Aire Canal Drive East and West and within the upland portions of the existing road right-of-way of
Caison Drive and Sea Aire Drive. The sewer line would ultimately connect to the existing Caison Creek lift station
located just northeast of the subdivision. Each home site would be outfitted with a water tight grinder pump, and a vent
pipe would be installed above the 100-year base flood elevation.
The trenches for the sewer line installation would measure approximately 2' in width and would be dug to a depth of 3.5',
below the land surface. The installation would occur within the 75' Estuarine Shoreline Area of Environmental Concern
(AEC) and in some cases would encroach within the 30' Coastal Shoreline Buffer. As proposed, the collection line
installation would not require an abundant amount of soil removal and as a result, the excavated material would be
temporarily stock piled in small mounds immediately adjacent to the trenches. Approximately 3,360 linear feet of sewer
line would be installed within the confines of the right-of-way. The applicant states that excavated soils would be placed
back into the trenches on a daily basis, following line installation.
Brunswick County
Page Three
10. ANTICIPATED IMPACTS
As proposed, the sewer improvement/extension would not impact any "404" or Coastal wetlands. Line installation would
result in the disturbance of approximately 16,000 sq. ft. of high ground within the 30' Coastal Shoreline buffer and 87,672
sq. ft. within the 75' AEC. The applicant states that silt fence would be installed around the perimeter of the project area
to contain any possible run-off and/or sediment transport. According to the application, a Sedimentation and Erosion
Control Plan has been prepared for the proposed project; however, an approved plan was not submitted as part of this
application package.
Submitted by: Jason Dail Date: 7/13/10 Office: Wilmington
Project Narrative
CAMA Major Permit Application, Express Review
Sea Aire Estates Sewer Improvements Project
Brunswick County Engineering Services, Applicant
Brunswick County, NC
Introduction:
This sewer improvement project is being sponsored by the Brunswick County Engineering
Services Department within an unincorporated water front subdivision in the county know as "Sea
Aire Estates". It is located due north and across the AIWW from Holden Beach and lies at the
southern terminus of Sea Aire Drive. This 50 lot subdivision was platted more than 30 years ago
and is presently served by county water and individual septic systems. There are presently about
10 undeveloped lots while the other 40 have homes on them. All of the lots were created from
dredge spoil material which was excavated from a central entrance canal and 'T" shaped boat
basin and all of the lots are stabilized with a wooden bulkhead. Most of the lots including the
vacant ones have piers and docks and the community boat basin had maintenance dredging
activities within the past 10 years via CAMA and Corps permits.
Project Need:
As result of the Brunswick County Land Use Planning and Sewer Plan development process the
Sea Aire Estates subdivision was identified as in need of sewer service improvements which
would have the high likelihood to improve localized water quality. This is particularly apparent
since the lots are very small measuring 50' x 100' with little room for replacement of nitrification
fields if a septic tank system failed. It was felt that it would be desirable to collect all of the
existing and future generated waste water and pump it away from the estuarine water and
encourage the abandonment and closure of the old septic systems. There is also a need to
service the existing vacant lots with a reliable waste water system.
Project Description:
This public sewer extension project will be installed along the edges of Sea Aire Canal Dr. East
and West within the upland portions of the existing road r/w and connect to the existing Caison
Creek lift station to the NE. Each house will be outfitted with a water tight grinder pump and a
vent pipe will be installed above the 100 year BFE at each location. The county owned sewer
collection system is pressurized and it will be installed very tight to the existing road bed. The
sewer collection lines will only measure 2"-3" in diameter since only liquid effluent will flow thru
the small lines from the individual homes. The trenches will only measure 2 feet in width and be
about 3.5 feet in depth. The collection line trench will not remove very much soils and it will be
temporarily stock piled in small piles within a 16-20' wide area of disturbance. Traditional track-
hoe and ditch witch equipment will be utilized and a silt fence will be installed along the edge of
the temporary spoil pile. Approximately 3,960 If of sewer line will be installed within the confines
of this project and 2.38 acres of upland road r/w will be disturbed.
Anticipated Impacts:
There will be no 404 or Coastal Wetland impacts associated with this project. About 16,000 sf of
the Coastal Shoreline 30 foot buffer (1500' x 20') will be temporarily disturbed within the side cast
sewer line trench material which will be immediately placed back into the trench on a daily basis.
The silt fence and sown grass seed with straw should prevent short term sedimentation impacts.
An erosion control plan has been prepared. The long term impacts to water quality should be
positive due to the abandonment of the 40 plus old onsite waste water systems that were
installed on small lots. The installation activity will not create new impervious area within the 30
foot buffer and it is consistent with the Brunswick County CAMA Land Use Plan.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
?? a s. a ., ., a
Date 61-q 1/0
Applicant Name B R U N5 W I C K Co y N T j
Mailing Address F. (n . 13 o yC 2.
BaLfV)A &G 213(4 ZZ
I certify that I have authorized (agent) LAn/D M4A),446A46A)r alZoUP to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) SEA A/RE CAAJAL 516k)eK 5Y57rM -ZMPao
at (location) SEA A RE CA AlA 5 U (? D ?? 5 / o n1
This certification is valid thru (date) IS SUAAjCE OF PEAM /T
Signature

u N 42 20110

400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
LO."a. E.x. p R 5- D g 11 Y Z,
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name Project Name (if applicable)
Brunswick County Sea Aire Sewer Project
Applicant 1: First Name MI Last Name
Marty K Lawing
Applicant 2: First Name MI Last Name
NA NA NA
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City State
249 Bolivia NC
ZIP Country Phone No. FAX No.
28422 us 910 - 253 - 2020 ext. 910 - 253 - 2022
Street Address (if different from above) City State ZIP
Email
[e-mail]
2, Agent/Contractor Information
Business Name
Land Management Group, Inc.
Agent/ Contractor 1: First Name MI Last Name
Greg Finch
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
2522 Wilmington NC
ZIP Phone No. 1 Phone No. 2
28402 910 - 452 - 000 1 ext. NA NA- ext.
FAX No. Contractor #
910 452 0060 NA
Street Address (if different from above) City State ZIP
3805 Wrightsville Avenue Wilmington NC 28403-
Email
[e-mail]

<Form continues on back>

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
Brunswick Caison Dr, Sea Aire Dr
Sea Aire Canal Dr E. Sea Aire Canal Dr.
, SW
Subdivision Name City State Zip
Sea Aire Estates NA NC 28422-
Phone No. Lot No. (s) (if many, attach additional page with list)
NA- - ext. NA,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
AIWW
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
?Natural ®Manmade ?Unknown AIWW
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
?Yes ®No work falls within.
Brunswick County
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
Approx 6,600 ft. Easement-approx 2.38 acres
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
Varies, (most were platted 5,000 sf), NWL (normal water level)
(if many lot sizes, please attach additional page with a list) 0'-8' ?NHW or ®NWL
e. Vegetation on tract
Native grasses, trees and shubs.
f. Man-made features and uses now on tract
Residential subdivision and associated features.
g. Identify and describe the existing land uses adjacent to the proposed project site.
Residential uses.
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
Rural/Residential (R-6000) (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ?No ®NA
National Register listed or eligible property?
wry- L >
<Form continues on next page>
j U' L 9 3 2010

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
There are 57 lots within the special assessment area that rely on individual onsite waste water treatment systems.
o. Describe existing drinking water supply source.
County water
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ®PubliclGovernment
?Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the proposed project is to install the county sewer line.
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 stored.
Standard construction methods and equipment will be used for the instillation of the sewer line.
d. List all development activities you propose.
Installation of a sewer line.
e. Are the proposed activities maintenance of an existing project, new work, or both? New sewer line installation.
f. What is the approximate total disturbed land area resulting from the proposed project? 2.38 ?Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ?No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Limited surface runoff.
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA
j. Is there any mitigation proposed? ?Yes ?No ®NA
If vac attach a mitigation Droposal.
<Form continues on back>}
j ZUIV
IC9
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to 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.
c. 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 claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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 See attached list Phone No. NA
Address
Name Phone No. NA
Address
Name Phone No. NA
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If 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 truthful to the best of my knowledge.
Date `1 l 1 l 1b Print Name .,. r.S, r,r,. I.. , L,....1 M...,.?. ,
Signature
Please indicate application attachments pertaining to your proposed project.
?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
MDCM MP-3 Upland Development
?DCM MP-4 Structures Information

J U I 0 201;"

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
None
c. Density (give the number of residential units and the units per
acre).
NA
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land-disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
?Yes ®No ?NA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
No new impervious surfaces.
i. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
None
j. Describe proposed method of sewage disposal.
County sewer
1. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
Limited surface runoff.
b. Number of lots or parcels.
50
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
2.38 acres. Temporary disturbance for installation of sewer
line.
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
None
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
?Yes NNo ?NA
(ii) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
?Yes ?No DNA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
?Yes ?No DNA
If yes, attach appropriate documentation.
M. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Public
o. When was the lot(s) platted and recorded?
NA
Date
n. (i) Will water be impounded? ?Yes ?No ®NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
?Yes ?No ®NA
Project\Name
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Prepared by: Jana L. Berg, Asst. County Attorney
PO Box 249 Bolivia, NC 28422
UTILITY EASEMENT
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS EASEMENT, made and entered into this the I GTH day of June, 2010, by and between SEA
AIRE CANAL PROPERTY OWNERS ASSOCIATION, INC., a North Carolina nonprofit corporation,
GRANTOR; and BRUNSWICK COUNTY a North Carolina body politic and political subdivision of the State
of North Carolina, whose address is P. O. Box 249, Bolivia, North Carolina 28422 (hereinafter referred to as
"COUNTY"), GRANTEE;
WITNESSETH
WHEREAS, GRANTOR is the owner of land located in the Sea Aire Canal Subdivision in Brunswick
County, North Carolina as described at Exhibit A attached hereto and incorporated by reference, where the
COUNTY desires to locate a utility line; and
WHEREAS, GRANTOR is desirous of granting to the COUNTY the right to go upon and use, for
placement of a utility line, a portion of the property described in said deed in consideration of Ten Dollars
($10.00) and other good and valuable consideration, the receipt of sufficiency of which is hereby
acknowledged,; and
i

.JUN t2ul'

WHEREAS, a description of the easement area is attached hereto as Exhibit A and incorporated by
reference;
NOW THEREFORE, for and in consideration of the consideration herein cited, GRANTOR does by
these presents hereby grant, assign, bargain, sell and convey unto COUNTY, its successors and assigns a
perpetual and permanent right, privilege and easement to go through, under and upon the land and premise
hereinafter described and referred to as a certain easement for the purpose of constructing, installing,
maintaining, repairing, replacing, removing, extending, improving, building and/or operating a public utility
system including but not limited to mains, pipes, valves and other appurtenant facilities, said easement being
more particularly described at Exhibit A attached hereto and incorporated herein by reference.
The facilities to be placed under and upon and across the said easement shall remain the property of the
COUNTY. The COUNTY shall have the right to inspect, remove, repair, replace, maintain and improve the
facility together with the rights of ingress and egress to the facilities, and to make such changes and additions to
the facilities upon the easement as the COUNTY from time to time may deem advisable.
Except as otherwise stated herein, COUNTY shall at all times have the right to keep the easement area
clear of all buildings or structures and such vegetation as will, in its judgment, interfere with the purpose of this
easement. Except as otherwise stated herein, the GRANTOR expressly promises and agrees not to construct or
allow to be constructed any building, structure or other improvement and further, promises not to plant or allow
to be planted any trees, shrubs, bushes, undergrowth or other vegetation which COUNTY may determine in its
sole discretion would permit encroachment or interference with COUNTY'S rights hereunder. It is expressly
understood and agreed hereunder that the GRANTOR and their successors and assigns shall retain the right to
cultivate the ground lying within the boundaries of the easement and use said easement for any other lawful
purpose, however, such cultivation or use shall not be inconsistent with the rights herein granted to the
COUNTY, and COUNTY, unless otherwise stated herein, shall not be liable to any damages or loss due to the
exercise of its rights hereunder within this easement.
By acceptance of this deed of easement, the COUNTY agrees that it will restore the easement area to the
approximate level and condition that existed prior to construction and shall return the area to its prior condition
in the event the facilities are accessed for repair or maintenance. The easement area may be seeded by the
COUNTY, but the COUNTY will not be responsible for landscaping or otherwise improving the area.
COUNTY shall indemnify and hold GRANTOR safe and harmless from and against any and all loss,
costs, or damages on account of the injury to or death of any persons or the damage to or destruction of any
property resulting from the County's exercise of the rights herein granted.
It is understood and agreed that the execution of this deed by the GRANTOR and its acceptance by the
COUNTY shall not obligate the COUNTY to construct or maintain any utility system facilities or to maintain
any roadway which may be within this easement.

j?
a j,; l L T
2 9,.'i, '3' S3 d
TO HAVE AND TO HOLD said the above described easement to COUNTY, its successors and assigns,
forever.
IN WITNESS WHEREOF, GRANTOR has caused this instrument to be signed and sealed in its name
and by its duly authorized officers, the date and year first above written.
SEA AIRE CANAL PROPERTY OWNERS ASSOC., INC.
(SEAL)
BY: 1
President
ATTEST:
BY: >1 I
s
Secretary
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
a Notary Public of the County and State aforesaid, certify that
/I _4 'c - „ It. ,1 1 ^71 personally came before me this day and acknowledged that s/he is Secretary of Sea
Aire Canal Property Owners Association, Inc., and that by authority duly given, and as the act of the
corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and
attested by him/herself as its Secretary.
Witness my hand and official stamp or seal, this I day of J r ; ' , 2010.
Notary Public
My commission expires: t ;
POLU)CK
:ACN PUBLIC
u a?:;f:iGlc County

r i 2

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2009-02170 County: Brunswick U.S.G.S. Quad: Holden Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant/Property Owner: Mr. Eric Williams Mr. Jeffrey Phillips
HDR Engineering Brunswick County
Address: 1780-2 Chandlers Lane Post office Box
Sunset Beach, NC 28468 Bolivia, NC 28422
Phone Number:
Property description:
Size (linear feet) 4000 If Nearest Town
Nearest Waterway Atlantic Intracoastal Waterway River Basin
USGS HUC 030402070207 Coordinates
Location description: The project area is located within the DOT right-of wa
Aire Canal SW Sea Aire Drive SW and Caisons Creek Drive, in Sea Aire E
County, North Carolina.
Indicate Which of the Following Apply:
Holden Beach
Lumber
N 33.91839 W -78.29134
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
X There are Navigable Waters of the United States within the above described proiect area subiect to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of_the_Clean Water Act. 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 There are waters of the U.S. including wetlands on the above described proiect area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC 6 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.
_ We strongly suggest you have the waters of the U.S. on your property delineated. Due to the size of your property and/or
our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more
timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the
Corps.
X The waters of the U.S. including wetland 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 subiect 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 property 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 subiect to regulation under the Coastal Area Mana2ement
Act (CAMA) You should contact the Division of Coastal Management in Wilmington NC at [phone].itz?,.
determine their requirements. =IIuNl a
Page 1 of 2

'Action ID: 2009-02170
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Ronnie Smith at [phone]
Basis For Determination: The proiect area exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and is adjacent to the Atlantic Intracoastal Waterway, which is a navigable water of the United States pursuant
to the policies and criteria set forth in 33 CFR Part 329 The proiect area contains water bodies that exhibit an ordinary
high mark as indicated by the absence of vegetation in the channel and the presence of bed and banks This ^
determination is based on information provided by Land Management Group Inc
Remarks: This jurisdiction determination applies only to the wetland areas delineated on the side of the road where the
sewer line is proposed.
Appeals Information (This information applies only to approved jurisdictional determinations as indicated above)
This correspondence constitutes an approved jurisdictional determination for the above described site. 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. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
69 Darlington Ave
Wilmington, North Carolina 28403
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 District 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 February 2, 2010.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.** -? T-
Corps Regulatory Official.:
Date: December 4, 2009 Expiration Date: December 4, 2014
Corps Regulatory Official (Initial): RDS
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Copy furnished:
Mr. Wes Fryar
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403

1) 1?
Page 2 of 2 l*f I 1i "AA r''I ;? fi.J,?9 ? t.

Applicant: Mr. Jeffrey Phillips-Brunswick County File Number: 2009-
Date: December 4, 2009
NMI
02170
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
a
'I'll, All,
w
, A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B. PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

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E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision and/or
the appeal process you may contact:
Mr. Ronnie Smith
USAED
69 Darlington Avenue
Wilmington, NC 28403
If you only have questions regarding the appeal process
you may also contact:
Mr. Mike Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
govermnent consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation; and will have the opportunity to participate in all site
investigations.
Date:
Signature of appellant or agent.
Telephone number:
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 91 , Atlanta,, W
Georgia 30303-8801
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