20200012 Ver 1_Approved JD's SAW-2019-01539 & SAW-2020-02128_20210106

Strickland, Bev
From: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, January 6, 2021 8:57 AM
To: Mairs, Robb L
Subject: [External] FW: Singed Approved JD's for both of the Beach Bum sites in Ocean Isle
Beach, Brunswick County) SAW-2019-01539 & SAW-2020-02128)
Attachments: SAW-2019-01539.pdf; SAW-2020-02128.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
I Issued these yesterday afternoon. The had a permit request in some time ago (last year?) but they ended up
withdrawing it.
So they never got a permit for either sections of this site.
I don't know how the NWPR re -verifications are going to affect old permit actions or for that matter, mitigation
requirements/payments.
Still lots of unanswered questions.
Gary
From: Beecher, Gary H CIV USARMY CESAW (USA)
Sent: Tuesday, January 5, 2021 12:15 PM
To: Tom Athey <[e-mail]>
Cc: Williams, Kimberlee <[e-mail]>; Paul Farley <[e-mail]>
Subject: Singed Approved JD's for both of the Beach Bum sites in Ocean Isle Beach, Brunswick County) SAW-2019-01539
& SAW-2020-02128)
O k,
I think I've got them right this time.
I've attached the signed Approved JD's for the (2) sites associated with Beach Bum Storage in Ocean Isle Beach,
Brunswick County, NC
USACE Project ID's:
SAW-2019-01539
SAW-2020-02128
Please let me know if you have any questions about these project.
Respectfully,
Gary
1

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01539 County: Brunswick County U.S.G.S. Quad: Ocean Isle Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address
Tom Athey
Beach Bum LLC
PO Box 79194
Charlotte, NC 28271
[phone]
tom atheypi(&Imail.com
Size (acres) 19.7 acres Nearest Town Ocean Isle Beach, NC
Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.90409
Longitude:-78.45051
Location description: This 19.7 acre site is located on the north side of NC 179 in Ocean Isle Beach, Brunswick County, NC.
(Parcel ID: 24300015)
Indicate Which of the Following 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 (RHA) (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.
B. Approved Determination
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 §
1344). Unless there is a change in 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 waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (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.
Page 1 of 2

SAW-2019-01539
_ 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.
_ 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 jurisdiction 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.
X 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
(LAMA). 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 USC § 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 [phone] or
Garv.H.BeecherA usace.armv.mil.
C. Basis For Determination: The wetlands on this site and the adjoining property were evaluated under the 2020
NWPR. A determination was reached by the Corps and the EPA that this wetland is no longer a Jurisdictional Water of
the US.
D. Remarks: A site visit was conducted by Mickey Sugg and Brad shaver (USACE) on November 25, 2020.
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. If you request to appeal this
determination you must submit a completed RFA form to the following address:
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
AND
PHILIP.A. SHANNINa,USACE.ARMY. MIL

SAW-2019-01539
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
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 by
BEECH ER.GARY.H.1052973208 BEECHER.GARv.H.1052973208
Corps Regulatory Official: Date: 2021.01.0512:08:56-05'00'
Date: January 4, 2021 Expiration Date: January 4, 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:Hcop2smapu.usace.army.mil/cm_apex/f?p=136 A:0.
Copy Furnished via e-mail to:
Consultant:
Paul Farley
Land Management Grou
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
pfarley(&hngroup.net

NOTE: This is not a survey. All boundaries and distances are considered
approximate. This represents a preliminary sketch prepared from field 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.
B43 -,
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Legend F
f=
Boundary — 19.7 ac r-
Y Y
T Fa -
Uplands — 8.3 ac (42%) .•
Wetlands — 11.4 ac (58%)
Data Point..;
L.\WETLANDS\2019 WETLANDS FILES\LMG19.108 --- N
NC 179 Russ -Gore Commercial Tracts, Erik Blowers\MAPS 0 150 300 600
Boundaries are approximate and not meant to be absolute. Feet
Map Source: 2016 NC One Map
NC 179 Russ Gore Property ;tLMG
Brunswick County, NC Figure 1. Section 404/401
LAND MANAGEMENTGROUP Wetland Delineation Map
Map Date: 01 /31 /2020 i DAVEY company
3805 Wrightsville Avenue from January 2020
LMG19.108 Wilmington, NC 28403
[phone]

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-02128 County: Brunswick County U.S.G.S. Quad: Ocean Isle Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address
Tom Athey
Beach Bum LLC
PO Box 79194
Charlotte, NC 28271
[phone]
tom atheypi(&Imail.com
Size (acres) 10.8 acres
Nearest Waterway Intracoastal Waterway
USGS HUC 03040208
Nearest Town Ocean Isle Beach, NC
River Basin Lower Pee Dee
Coordinates Latitude: 33.90409
Longitude:-78.45051
Location description: This 10.8 acre site is located on the north side of NC 179 in Ocean Isle Beach, Brunswick County, NC.
(Parcel ID: 24300015)
Indicate Which of the Following 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 (RHA) (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.
B. Approved Determination
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 §
1344). Unless there is a change in 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 waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (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.
Page 1 of 2

SAW-2020-0212R
_ 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.
_ 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 jurisdiction 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.
X 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
(LAMA). 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 USC § 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 [phone] or
Garv.H.BeecherA usace.armv.mil.
C. Basis For Determination: The wetlands on this site and the adjoining property were evaluated under the 2020
NWPR. A determination was reached by the Corps and the EPA that this wetland is no longer a Jurisdictional Water of
the US.
D. Remarks: A site visit was conducted by Mickey Sugg and Brad shaver (USACE) on November 25, 2020.
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. If you request to appeal this
determination you must submit a completed RFA form to the following address:
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
AND
PHILIP.A. SHANNINa,USACE.ARMY. MIL

SAW-2020-0212R
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
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 by
BEECH ER.GARY.H.1052973208 BEECHER.GARY.H.1052973208
Corps Regulatory Official: Date: 2021.01.05 12:06:53-05'00'
Date: January 4, 2021 Expiration Date: January 4, 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:Hcop2smapu.usace.army.mil/cm_apex/f?p=136 A:0.
Copy Furnished via e-mail to:
Consultant:
Paul Farley
Land Management Grou
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
pfar1ey(&1mgroup.net

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Map Source: World Street Map
Beach Bum (Eastern Parcel)
4LMG
Brunswick County, NC
LAND MANAGEMENT GROUP
Figure 1.
Map Date:11/19/2020
a DAVEY . company
Vicinity Map
3805 Wrightsville Avenue
LMG19.108
Wilmington, NC 28403
[phone]

P61p, w ,' _#'" 1%* IL : "+"',-' NOTE: This is not a survey. All boundaries and distances are considered
approximate. This represents a preliminary sketch prepared from field 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.
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Legend
Project Area: —10.8 ac
Uplands: —4.6 ac (42%)
Non -Jurisdictional Wetlands: —6.2 ac (58%) `II
@° Data Points f
L:\WETLANDS\2019 WETLANDS FILES\LMG19.108 ---
NC 179 Russ -Gore Commercial Tracts, Erik Blowers\MAPS
Boundaries are approximate and not meant to be absolute.
Map Source: 2019 Eagle View Aerial Photography
Beach Bum Site
Brunswick County, NC
Map Date: December 2020
LMG19.108
46 L M G
LAND MANAGEMENT GROUP
a DAVEY. company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
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