HomeMy WebLinkAbout20190504 Ver 1_CAMA Application_20190417NORTH CAROLINA
Environmental Quality
April 17, 2019
MEMORANDUM:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtney.spears(cDncdenr.gov
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Custom Island Homes
BRAXTON DAVIS
Director, Division of Coastal
Management
Project Location: 4915 East Beach Dr., adjacent to the Atlantic Ocean, in Oak Island,
Brunswick County
Proposed Project: construction of a single family residence w/ fill
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by May 9, 2019. If you have
any questions regarding the proposed project, contact Tara MacPherson 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.
PRINT NAME
AGENCY
SIGNATURE
DATE
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.
State ofNorth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
C!
Ll
7
91
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Custom Island Homes c/o Dana Lutheran (SEGI)
LOCATION OF PROJECT SITE: 4915 E Beach Drive, adjacent to the Atlantic Ocean, in the Town
of Oak Island, Brunswick County.
Photo Index — 2006: 8-6167 M-21 Latitude: 33°51'34.03"N Longitude: 78°06'48.39"W
INVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/19/19
Was Applicant Present - No
PROCESSING PROCEDURE: Application Received — 2/14/19 (initial), 4/11/19 (complete)
Office - Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan — Town of Oak Island
Land Classification From LUP — Residential
(B) AEC(s) Involved: OH
(C) Water Dependent: No
(D) Intended Use: Residential
(E) Wastewater Treatment: Existing - Municipal
Planned - Municipal
(F) Type of Structures: Existing — Undeveloped oceanfront lot
Planned — one (1) single family residence
(G) Estimated Annual Rate of Erosion: two (2) feet per year
Source — DCM-2013 Erosion Rate Maps
HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED QTdER
(A) Vegetated Wetlands (404)
496 ft2 (404)
(B) Non -Vegetated Wetlands
(Open water
(C) Other (Upland)
5,500 ft2
(D) Total Area Disturbed: 5,996 ft2 (0.14 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
PROJECT SUMMARY: The applicant proposes to construct one (1) single family residence with
associated freshwater wetland fill.
Custom Island Homes
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 4915 E Beach Drive, in the Town of Oak Island, Brunswick County. To
locate the project site from Wilmington, travel west on NC-133/US-17S/US-74/76W for approximately
3 miles then take the US -17 exit toward Shallotte and continue for approximately 13 miles. Turn left
onto NC -906 and travel for approximately 10 miles. Then, turn left onto E Oak Island Drive and travel
2.4 miles. Turn right onto SE 40th St and travel 0.5 miles, then turn left onto E Beach Drive and travel
0.5 miles to the property of interest.
The project site is bordered on the west by a vacant lot, to the east by single family residences, to
the north by a vacant lot and to the south by the Atlantic Ocean. The site consists of one 0.17 acre
parcel with an elevation of an average of 10 ft. above normal high water. Vegetation on the tract
consists of native beach vegetation including Yucca (Yucca spp.), Sea Oats (Uniola paniculata),
Saltmeadow Cordgrass (Spartina patens) and Pennywort (Hydrocotyle bonariensis). According to
the application approximately 496 ft2 of 404 Wetlands exist along the western edge of the property
(see Survey Sheet 1). The site is currently undeveloped and no permit history could be located for
the property. The FLSNV was flagged post Hurricanes Florence and Michael on 2/28/19 by DCM.
The waters of the Atlantic Ocean are classified as SB by the NC Division of Water Resources (DWR).
The NC Division of Marine Fisheries (DMF) has not designated this area of the Atlantic Ocean as
Primary Nursery Area and the waters adjacent to the proposed project are closed to the harvesting
of shellfish. The project site IS located within an area of the Town of Oak Island that undergoes
beach renourishment. The erosion rate for this area is two feet (2') per year, according to the 2013
Erosion Rate Maps, creating a total Ocean Erodible Area AEC of 180'.
[t"0] 1019 =1 111:2 ;T031 Xt
The applicant proposes to construct one (1) single family residence with associated freshwater
wetland fill. The applicant proposes to construct a 45 ft. long by 34 ft. wide single-family home on
the lot, which would result in the filling of approximately 496 ft2 of 404 Wetlands, however this is
not required for house placement, and the disturbance of approximately 5,500 ft2 of high ground.
The home would be located landward of the 60' setback from the first line of stable natural
vegetation (FLSNV) and the Town of Oak Island Development Line. The proposed 408 sq. ft.
structurally detached deck on the waterward side of the house, would encroach into the 60'
setback from the FLSNV or the Town of Oak Island Development Line. The total disturbed area
would be 5,996 sq. ft. The application states that wetlands on the property were reviewed by the
USACE and the formal Jurisdictional determination is forthcoming (see Attachment B). The
proposed wetland fill is outside and waterward of the structure footprint. The original discussion
regarding installing a retaining wall around the wetland area was tabled due to a required
engineer's certification (see Attachment A).
10. ANTICIPATED IMPACTS:
The construction of the building would result in the disturbance of approximately 5,996 ft2 of high
ground and the fill of approximately 496ft2 of 404 Wetlands, for a total of 3,759 ft2 of disturbance
within the Ocean Erodible AEC. The application states that sewer and water supply services would
be provided by the local municipality. The application also states that wetlands on the property
were reviewed by the USACE.
Submitted by: Tara MacPherson Date: April 12, 2019 Office: Wilmington
IBM ■r-1
APPLICATION for
Major Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
Business Name
Custom Island Homes
Project Name (if applicable)
4915 East Beach Drive
Applicant 1: First Name
Ken
MI
Last Name
Kiser
Applicant 2: First Name
MI
Last Name
if additional applicants, please attach an additional page(s) with names listed.
Mailing Address
137 NE 37' Street
PO Box
City
Oak Island
State
NC
ZIP
28465
Country
us
Mailing Address
5315 South College Road, Suite E
Phone No.
910-524-0633 ext.
FAX No.
NA- -
Streat Address (if different from above)
Same
City
Wilmington
City
State
ZIP
Email
ken.kiser@ec.rr.com
ext.
<Form continues on back>
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Business Name
Southern Environmental Group, Inc. (Segi)
Agent/ Contractor 1: First Name
Dana
MI
A
Last Name
Lutheran
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
5315 South College Road, Suite E
PO Box
City
Wilmington
Stale
NC
ZIP
28412
Phone No. 1
910-228-1841
ext.
Phone No. 2
910-452-2711 ext.
FAX No.
Contractor #
Street Address (if different from above)
Same
City
State
ZIP
Email
dlutheran@segi.us
<Form continues on back>
FEB 18 2019
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Form DCM MP -1 (Page 2 of 4)
IMP
APPLICATION for
Major Development Permit
3. Project Loca2ion
County (can be multiple)
Address
State Rd. #
BrunswickE
72"d Street
d. Approximate elevation of tract above NHW (normal high water) or
Subdivision NameCity
NWL (normal waterlevel)
State
Zip
NA
k Island
NCPhone
There are no man made features on the property
No.
Land uses of the adjacent properties is residential, although the the southern property is currently not built upon.
Lot No.(s) (if many, attach additionalpage with list)NA-
1. Is the proposed project consistent with the applicable zoning?
residential
NA,
a. In which NC river basd?
b. Name of body of water nearest to proposed project
Cape Fear
Atlantic Ocean
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
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Oak Island
4' siftlbescription
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
50 linear feet
Approximately 7500 SF
c. Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
NA, I I
NWL (normal waterlevel)
(if many lot sizes, please attach additional page with a list)
10, ONHw or ❑NWL
e. Vegetation on tract
The site is mostly grassy with scrub shrub, waxy vegetation.
f. Man-made features and uses now on tract
There are no man made features on the property
g. Identify and describe the existing land usesda iacent to the proposed project site.
Land uses of the adjacent properties is residential, although the the southern property is currently not built upon.
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
residential
(Attach zoning compliance certificate, if applicable)
®Yes []NO [INA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ZNo
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ZNo ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ZNo ❑NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
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DCM WILMINGTON, NC
Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes [:]No
(it) Are there coastal wetlands on the site? ❑Yes ®No
(iii) If yes to either (i) or (it) above, has a delineation been conducted? ®Yes []No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Wastewater will be treated by the Town of Oak Island.
o. Describe existing drinking water supply source.
Drinking water will be supplied by the Town of Oak Island
p. Describe existing storm water management or treatment systems.
Stormwater management is required as part of the Town's Phase II permitting requirements.
O- A&Oitles and impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovernment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of this project is to construct a 43'x 34', single family dwelling, with 12' wide porch, on the ocean front side of
the structure, driveway and stormwater treatment measures.
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.
Construction will begin with hauling in clean earthen fill to bring the site up to the desired grade and contour. Once this has
taken place, pilings that will support the structure will be installed. Traditional construction techniques will be used to
construct the dwelling. Lastly, concrete will be poured to complete the driveway. Heavy equipment, such as a front end
loader and dump trucks, will be used but will not be stored on site.
d. List all development activities you propose.
Construction of one 34'x 43' dwelling, 12' attached deck, 22.5'x 34' concrete driveway, stormwater treatment measures, and
minor land scaping.
e. Are the proposed activities maintenance of an existing project, new work, or both? New
f. What is the approximate total disturbed land area resulting from the proposed project? 0.09 ❑Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No DNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Discharges to waters of the state are not proposed.
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 yes, attach a mitigation proposal.
<Form continues on back> RECEIVE®
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DCM WILMINGTON, NC
Form DCM MP -1 (Page 4 of 4)
APPLICATION for
Major Development Permit
B. "Additional Information
In adtlrt�on tothis completed applicI'llation form,- (MP -1) the following Hems below, ff applicable, must be submilfed in orderfor tAe application'r
peek g9 to be complete: Items (a), (n are always applicable to any major develo'p`ment application. Please conA the"application
lnstr'ucGon booklet pp how to property, prepare the requiretl mems 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.
--_NarRe Sheilah McParlin Phohe No.
Address`61t Shefland Place NW, Concord, NO 28027 _
Name MAS Properties, LLC Phone No.
Address 131 Ocean Blvd. West, Holden Beach, NC 28462
-Name ' Phone No. ;
-: Andress '
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
NA
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.
.. �eRtncarton ana rerrntsstonro mrer on lana. ;
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 8 Februay 2019 Print Name Dana A. Lutheran r,
Signature „ �� �_ (n t,1`
Please indicate application attachments pertaining to your proposed project.
®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts
®DCM MP -3 Upland Development
❑DCM MP -4 Structures Information
RECEIVED
Fg
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"�+M WlILIINGTON, 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 activities. All values should be given in feet.
(NLWChannel
nor I Canal I Boat Basin I Boat Ramp I Rock Groin
Rock (excluding
Breakwater shoreline
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 excavated.
cubic yards.
C. (i) Does the area to be excavated include coastal wetlands/marsh
(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 OSB
❑WL ❑None
(it) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
C. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(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 _ ❑None
(ii) Describe the purpose of disposal in these areas:
d. High -ground excavation in cubic yards.
®This section not applica6l
b. Dimensions of disposal area.
d. (i) Will a disposal area be available for future maintenance?
[]Yes [:]No [INA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
[]Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net
RECEIVED
14 201P
revised: 12!26/06
DCM WILMINGTON, NC
Form DCM MP -2 (Excavation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION ®This section not applicable'
Qf deveiopment is a wood groin, use MP -4 - Structures)
a Tvoe of shoreline stabilization:
[]Bulkhead ❑Riprap ❑Breakwater/Sill []Other:
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Riprap
Breakwater/Sill _ Other
1. Source of fill material.
Width: _
d. Maximum distance walerward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(ii) If yes, slate amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. "QTHER FILL ACTIVITIES ❑This section not applicable
(ExdlOding Shoreline Stabilization)
a. (1) Will fill material be brought to the site? ®Yes ❑No [INA b. (i) Will fill material be Placed in coastal wetlands/marsh (CM.
If yes,
submerged aquatic vegetation (SAV), shell bottom (SB), or
(ii) Amount of material to be placed in the water 0
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
(iii) Dimensions of fill area 33_x 16'
❑CW _ ❑SAV _ ❑SB
(iv) Purpose of fill
_
OWL 496 SF ( 0.01 AC) []None
To provide adequate building pad for a 43' x 34 'single
(ii) Describe the purpose of the fill in these areas:
family dwelling, with 12'x 34' elevated porch.
To provide adequate building pad.
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., dragline,
controlled?
backhoe, or hydraulic dredge)?
Silt fence will be installed along the property line to ensure
A frontend loader and dumptruck will be used to bring the site up
sediment does not leave the limits of disturbance.
to the desired grade and contour.
c. (1) Will navigational aids be required as a result of the project?
d. (i) Will wetlands be crossed in transporting equipment to project
[]Yes ®No ❑NA
site? []Yes ®No ❑NA
(it) 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 impacts.
12019
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DCM WILMINGTON, NC
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.
a. Type and number of buildings, facilities, units or structures
proposed.
1 single family dwelling 34'x 43' with 12'x 34' elevated
porch
C. Density (give the number of residential units and the units per
acre).
1 unit per 0.17 AC.
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.
3300 SF BUA / 7500 SF = 44%
L 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.
44%
j. Describe proposed method of sewage disposal.
The site has access to municipal sewer
I. 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).
NA
b. Number of lots or parcels.
1
d. Size of area to be graded, filled, or disturbed inducting roads,
ditches, etc.
5500 SF
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Concrete will be used for the driveway
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?
Dyes ®No ®NA
(ii) If yes, list the date submitted: StOrrnwater permit issued by
the Town of Oak Island
k. Have the facilities described in Item (I) received state or local
approval?
®Yes []No [INA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative slornwater
design?
[]Yes ®No [:]NA
If yes, attach appropriate documentation.
RECEIVED
H 14 2019
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Form DCM MP -3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Drinking water is provided through the Town of Oak Island
o. When was the lot(s) platted and recorded?
Deed Book 4035 and Page 0965, platted 3/29/18
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
RECEIVED
CFq 14 201Q
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__j Property Line j
0 75 150 300 Oso 600
Feet
1 inch = 300 feet
Map Source: ESRI Street Maps
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Map Source: ESRI Street Maps
Vicinity Map 14
4915 E. Beach Dr. a
Oak Island, Brunswick County, North Carolina
12/17/2018 017-126.01 s
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4915 E. Beach Dr. a
Oak Island, Brunswick County, North Carolina
12/17/2018 017-126.01 s
50ut6em Environmental Group, Inc.
53 1 j ,South College Road, 5.ite ff • wil.i.gton, NC 28412
rhone: 910.452.271 1 • Faro 910.4$2.2899.1=maid: eFNce®segi.us
8 February 2019
Hand Delivery
NC Division of Coastal Management
Attn: Ms. Tara MacPherson
Regulatory Field Officer
127 Cardinal Drive Extension
Wilmington, NC 28412
Re: 4915 East Beach Drive, Town of Oak Island, Brunswick County
CAMA Major Permit Application for Upland Development and Fill
Dear Tara,
[SEGI Pr`o$Cct #_ 27''126.01]
Southern Environmental Group, Inc. (SEGi) has been retained by Mr. Ken Kiser (herein referred to as the
"Applicant"), to submit the attached Division of Coastal Management (DCM) permit application and associated
appendices (see Attachment 1), in order to obtain a Coastal Area Management Act (CAMA) Major Permit, which is
necessary to perform work at his property, located at 4915 East Beach Drive, in Oak Island, Brunswick County,
North Carolina.
Site Information and History:
The lot was last platted 29 March 2018, under Map Book 4035 and Page 0965, has been assigned Parcel ID
249DF007 and is approximately 0. 17 acres (7,500 square feet). Liz Haire, with the US Army Corps of Engineers
(USACE), as part of the Jurisdictional Determination (JD) process, verified SEGi's wetland boundary line, however
a JD had not been issued as of the date of this letter.
This lot is located within the CAMA Ocean Erodible Area of Environmental Concern (AEC), but it is not located on
a waterbody, which has a Coastal Shoreline AEC associated with it. The lot is undisturbed and vegetated and does
not contain any man-made structures or impervious surface area. The Applicant has signed the AEC Hazard Notice,
and the form has been attached as an appendix to the application.
Proposed Work:
It is the Applicant's intention to construct a 45' x 34', single family, residential dwelling, with 12' covered porch,
and driveway which will entail disturbing 5,500 square feet of the lot. The proposed structure, covered porch, and
driveway will cover approximately 3,300 square feet (44%) of the site. The driveway will be constructed of concrete.
Typical residential dwelling building materials will be utilized. Heavy machinery, such as a frontend loader and
dump truck will be used to bring the site up to the desired grade and contour. Silt fence will be installed along the
limits of disturbance, to ensure that sediment does not leave the permitted area.
In order to facilitate the construction of the dwelling and access drive, approximately 496 square feet (0.01 acre) of
Section 404 wetlands will need to be filled. Due to the location of the wetland feature, avoidance is not possible. The
Applicant explored using a retaining wall to avoid impacting the feature, but the Department of Public Safety insisted
a "no rise certificate" be secured, which is not feasible. Due to the insignificant area of wetlands to be filled,
mitigation is not being proposed. SEGi and the Applicant believe the proposed plan is the least environmentally
damaging, practical alternative.
RECEIVED
1 (2/8/19) EB Y 4 2019
DCM WILMINGTON, NC
4915 Fast fjeac6 Drive CAMA Major Permit 5EGi
CAMA Major Permit Process:
As part of the CAMA Major Permit process, the Applicant has notified one of the adjacent property owners (i.e. Ms.
Sheila McParlin), by US Postal Service Certified Mail, while the other (MAS Properties, LLC) has been contacted
directly. Ms. McParlin's Certified Mail Green Card and the signed waiver form, from MAS Properties, LLC, will be
submitted to the DCM upon receipt.
Lastly, a $400.00 filing fee is required, which has been included with this correspondence as Attachment 2.
The Applicant is aware that he must sign the Ocean Hazard Waiver form, as it is required to build within the Ocean
Hazard AEC. Would you please email me a copy of the form (dlutheran@seai.us)? I will it have signed and returned
to your office posthaste.
At this time, SEGi is requesting the review of the permit application and associated appendices to ensure they are
adequate for processing. Should you have questions, please call me at 910.452.2711. Thank you, in advance, for
your time and assistance with this project. I look forward to hearing from you.
Sincerely,
Dana A. Lutheran
SEGi Project Manager
Enclosures: Attachment 1 — CAMA Major Application with Associated Appendices
Attachment 2 — $400 Filing Fee
2 (2/8/19)
RECEIVED
FEB 14 2019
ACM WILMINGT9N, NC
,NC
rig IAN Vu V W V rV_
MacPherson, Tara
From: dlutheran@segi.us
Sent: Thursday, March 21, 2019 9:30 AM
To: MacPherson, Tara
Subject: [External] FW: 4915 East Beach Drive
Attachments: 4915 East Beach Drive CAMA Major Permit Cover Letter.pdf
Ta ra,
Here is the email string, between me and the town and the town and FEMA, wherein it states we would need an
engineer's statement. I have also attached the cover letter.
Dana
Southern F nvironmental Group, Inc.
55 1 5 50utk College Road, Suite F,
Wilmington, NC 2841 2
Office: 910.+5 2.271 1
Mo6ile:910.228.16+1 (Preferred)
www.segi.us
From: Donna Coleman <DColeman@ci.oak-island.nc.us>
Sent: Thursday, January 24, 2019 1:11 PM
To: dlutheran@segi.us
Subject: RE: 4915 East Beach Drive
Dana,
This is the input I received for the state NFIP Coordinator. Please feel free to share.
Donna
From: Brubaker, Dan [mailto:Dan.Brubaker@ncdps.eov]
Sent: Thursday, January 24, 2019 8:59 AM
To: Donna Coleman <DColeman(@ci.oak-island.nc.us>
Subject: Re: [External] FW: 4915 East Beach Drive
Hi, Donna. You will need an engineer's certification that the wall will not cause wave
deflection or runup that could potentially damage nearby structures. Considering the
proximity of the house, I'd be concerned about the potential for damage.
What is the 12', eight -sided object on the site plan?
Dan
1
Dan Brubaker, PE,CFM, State NFIP Coordinator
Donna F. Coleman, CFM
CAMA-LPO/ Building Inspector
Town of Oak Island
(910)201-8047
(910)278-1811 fax
From: dlutheran@segi.us [mailto:dlutheran@spgi.us]
Sent: Wednesday, January 16, 2019 2:58 PM
To: Donna Coleman <DColeman@ci.oak-island nc.us>
Cc: 'Ken' <kenkiser@ec.rr.com>
Subject: RE: 4915 East Beach Drive
Donna,
We submitted our request for review of the project on November 81^, which was 69 days ago. Has the town received a
response from FEMA, on the proposed retaining wall?
Southern Environmental Group, Inc.
5515 South College Road, Suite E
Wilmington, NC 2841 2
Office: 910.452.27 1 I
Mobile: 910.228. 18+1
www.segi.us
From: Donna Coleman <DColeman@ci.oak-island.nc us>
Sent: Friday, January 4, 2019 2:09 PM
To: dlutheran@segi.us
Cc: Ken <kenkiser@ec.rr.com>
Subject: Re: 4915 East Beach Drive
I'll be back in the office on Monday and get back with you.
Sent from my iPad
On ]an 4, 2019, at 1:56 PM, <dlutheran(&segi.us> <dlutheranCd)seai.us> wrote:
<image002.gif>
Hello, Donna.
Hope you are doing well and had a nice holiday! Any updates on this project?
Southern Environmental Group, Inc.
5515 South College Road, Suite E
Wilmington, NC 2841 2
Office: 910-+5 2-Z71 I
Mobile: 9 10.228.1 841
www.segi.us
2
From: dlutheran(@segi.us <dlutheran(c seei.us>
Sent: Monday, December 3, 2018 9:38 PM
To: 'Donna Coleman' <DColeman(alci.oak-island nc us>
Cc: 'Ken' <kenkiser@ec.rr.com>
Subject: RE: 4915 East Beach Drive
Donna,
I have attached the site plan that illustrates the approximate location of the retaining wall and denoted
that it will not exceed 18" in height. Please keep in mind the site plan is for demonstration purposes
only. I have also included David Scibetta's wetland sketch that shows a more accurate location of the
wetlands and the site characteristics (i.e. how far from the beach the proposed house and retaining wall
will be). To reiterate, this wall is for the purpose of avoiding wetlands and not for erosion or flood
control.
Please submit this to your contacts at FEMA and feel free to have them call me if there are questions
(910.228.1841).
Dana
joutkern [ nvironmental Group, Inc.
5515 South College Road, Suite E
Wilmington, NC28+1 2
Office: 91 0.45 2.271 1
M06ile: 5710.228.18+1
Ww .segi.us
From: Donna Coleman <DColeman@ci.oak-island.nc us>
Sent: Monday, December 3, 2018 3:13 PM
To: dlutheran(Useei.us
Subject: RE: 4915 East Beach Drive
Dana,
So sorry for the delay. I had talked to Steve about this, our concern is even though the retaining wall is
two feet
above the ground it is parelle and seaward of the structure. If you submit the wall detail I do not mind
sending it to the state for review.
Donna F. Coleman, CFM
CAMA-LPO / Building Inspector
Town of Oak Island
(910)201-8047
(910)278-1811 fax
From: dlutheran(caseei.us [mailto:dlutheran(oDseai.us)
Sent: Thursday, November 08, 2018 12:26 PM
To: Donna Coleman <DColeman(@ci.oak-island.nc.us>
Cc:'Ken' <kenkiser@ec.rr.com>
Subject: RE: 4915 East Beach Drive
Hi, Donna.
I am sorry that it has taken me a minute to respond. I am familiar with the information your provided. It
has been my experience, working with the DCM, on projects within the VE flood zone, that retaining
walls, under 2' high, do not require FEMA approval. Within the Technical Bulletin, where it discusses
erosion control structures, I interpret the language to be in reference to retaining walls or bulkheads
that front a waterbody capable of having waves break at or over the structure, such as along the beach
or intracoastal waterway. Specific to this project, the retaining wall is less than 2', does not act like and
is not intended for use as an erosion control measure, is not within the building footprint, is not
attached to the foundation and is not likely to experience wave action that would cause deflection or
flooding concerns. Therefore, I believe the structure would not require review and/or approval from
FEMA.
I have attached a map that depicts a smaller house with the retaining wall. The wall would allow Ken to
build the structure without impacting USACE Section 404 wetlands.
Feel free to call, should you wish to discuss further (910.228.1841).
Dana
Southern Environmental Group, Inc.
5515 South College Road, Suite E
Wilmington, NC 2841 2
Office: 9 10.45 2.271 1
M06ile: 9 10.228.1 841
www.se2;i.us
From: Donna Coleman <DColeman@ci.oak-island.nc.us>
Sent: Thursday, November 1, 2018 10:08 AM
To: dlutheran@seei.us
Cc:'Ken' <kenkiser@ec.rr.com>
Subject: RE: 4915 East Beach Drive
Hi Dana,
I have attached a copy of the FEMA Bulletin. If you start at the bottom of page 19 -21. A lot depends on
the placement of the retaining wall
and size. It will have to be reviewed by the states floodplain management branch in Raleigh. Also on the
AEC Hazard notice bottom left side column
there is a blip about hardened structures. Let me know your thoughts.
Donna F. Coleman, CFM
CAMA-LPO / Building Inspector
Town of Oak Island
(910)201-8047
(910)278-1811 fax
From: dlutheran@segi.us [mailto:dlutheran@seai.us]
Sent: Wednesday, October 31, 2018 12:55 PM
To: Donna Coleman <DColeman(aci.oak-island nc us>
Cc:'Ken' <kenkiserPec.rr.com>
Subject: 4915 East Beach Drive
Hello, Donna.
I hope this email finds you well.
I am working for Ken, on determining the level of permitting (i.e. USACE Section 404, CAMA Minor,
CAMA Major, etc.) that will be necessary to develop this property (see attached site plan). As you will
see and may already be aware, there is a small wetland pocket on the southern side of the lot. Ken was
thinking he would install a small retaining wall (i.e. less than 2') to avoid impacting that wetland. After
speaking with you, he has conveyed that a retaining wall would not be permissible, because it would
cause ramping. Could you provide the language or rule you are relying upon to make your
determination?
Thanks a bunch.
Dana
Southern Environmental Group, Inc.
5515 South College Road, Suite E
Wilmington, NC 2841 2
Office: 910-+5 2.Z7 1 I
Mobile: 9 10.228. 18+1
www.se i.us
Property Line
o s to zo so 4Feet Field Sketch of Wetlands N
I inch = 20 feet 4915 E. Beach Dr. E
Map Source: NCOneMap Orthoimagery, Oak Island, Brunswick County, North Carolina w
Wetlands flagged by others, pin Flags on ground. 10/26/2018 017-126.01 3
SOD STATEMENTS
'M: 370202
NEL: 2065
EFIX J'
)NED 1/E 17 t 18'
FECTIVE OATE-6-2-06
/'9.,6 V
�4on Lire
4913F.
PARCELP
Note:
Ahav ony
m wetlads'
Approximate wetland
I 5 tine of Vegetation
staked on 31612017
k: 7,500 SF +/-
'PERVIOLI5 AREA: 1.713.005F
117.500 5F = 23%
WS CALL HOU5E OCE, I
7 5FX 1.5/12 =
33.36 CF13.53 =
9.45 OR 10 LF
'5FX 1.51/2=
33.36CF13.53=9.45OR10LF
7 5FX 1.5112 -
33.36 CF13.53 =
9.45 OR 10 LF
7 5FX 1.5112 =
33.36 CF13.53 =
9.45 OR 10 LF
SFX 1.5112 =
(5.50 CF13.53 =
2.41 OR 5LF
5FX 1.5112 =
6.50 CP13.53 =
2.4 / OR 5 LF
4917 E. BEACH DR
/ PARCEL# 249DF000
6a
ll�a
c4
LEGEND:
EIP - 015TING IRON f
W- RIGHT OF WAY
C2 - CENTERLINE ST.
ISP - IRON STAKE FOS
IRF - IRON ROD SET
PARKING SPACt
4 dR
I UVING AREA
NEED 4.3PACE5i
LGvd Beanng
CHAMBER DETAIL
22. I CF1 FtR 4' 5ECNON
F
to 4'aperffoo
Inrkse
NON LOAD BEARING
1203 H EFLOW DETAIL
26.4 pi f or 3.53 cOf
SUS CONCRETE DRLVEWAY GRAPHIC SCALE
5 X 1.5/12 = 26.12 CF122. l = 1.27 OR 2 CHAMBE95 Ts
5 X 1.5112 = 26.12 CF122. l = 1.27 OR 2 CHAMBE95
r-VT1m,Vv 1 V,rn,
MacPherson, Tara
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah, E. Hair@usace.army.mil>
Sent: Thursday, April 11, 2019 4:14 PM
To: dlutheran@segi.us
Cc: MacPherson, Tara
Subject: [External] RE: [Non-DoD Source] RE: JD for 4915 Each Beach
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov<mailto:report.spam@nc.gov>
Dana/Tara,
Based on the information provided and my site visits conducted in 2017, the wetland boundary appears accurate as
depicted on the map. Pending review of the application, the 1D will be issued with the permit (if authorized).
Thanks,
Liz
-----Original Message -----
From: dlutheran@segi.us [mailto:dlutheran@segi.us]
Sent: Tuesday, April 9, 2019 3:50 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah. E. Ha ir@usace.a rmy.mil>
Cc: 'MacPherson, Tara' <tara.macpherson @ ncdenr.gov>
Subject: [Non-DoD Source] RE: JD for 4915 Each Beach
Hi, Liz.
The DCM cannot process the CAMA Major Permit (i.e. consider it complete and start the 75 day clock), without the
USACE's verification that the wetland line, as shown on the attached, is accurately depicted. Tara said she could rely on
an email, from you, confirming this, until the 1D is issued.
Dana
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office: 910.452.2711
RECEIVED
APJR 11 2019
Mobile: 910.228.1841 (preferred) DCM WILMINGTON, NC
MacPherson, Tara
From:
MacPherson, Tara
Sent:
Wednesday, March 13, 2019 8:33 AM
To:
'Dana Lutheran'
Subject:
4915 E Beach
Hi Dana, I received the drawings, but they do not scale out:/ It is off... so the measurement from the FLSNV to the 60 ft.
setback is less than 60 ft. because it is not 1"=20'. 1 have to have a drawing to scale and have to send it out to multiple
agencies. Sorry, but we are going to need a corrected version:/ I will go ahead and set everything up, but the complete
date will be when I get the new drawing.
Thanks,
Tara
Tara MacPherson
Field Specialist
NC Division of Coastal Management
Department of Environmental Quality
910 796-7425 office
910 395-3964 fax
tara.macpherson@ncdenr.gov
127 Cardinal Drive Ext
Wilmington, NC 28405
Fc.-5>-Nothing Compares.,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
MacPherson, Tara
From: MacPherson, Tara
Sent: Tuesday, February 19, 2019 3:57 PM
To: 'd lutheran@segi. us'
Subject: RE: [External] RE: Major Permit App Oak Island
Thanks Dana, I was down there today and staked the FLSNV. Since we have had two hurricanes we would need to re -
stake it anyway, but the line you used is from 2017. Please have them resubmit the drawing with the current line.
Thx,
Tara
Tara MacPherson
Field Specialist
NC. Division of Coastal Management
Department of Environmental Quality
910 796-7425 office
910 395-3964 fax
tara.macpherson@ncdenr.gov
127 Cardinal Drive Ext
Wilmington, NC 28405
/'Nothing Compares,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: dlutheran@segi.us <dlutheran@segi.us>
Sent: Monday, February 18, 2019 12:33 PM
To: MacPherson, Tara <tara.macpherson@ncdenr.gov>
Subject: RE: [External] RE: Major Permit App Oak Island
Here ya go.
jouthern Environmental Group, Inc.
53 15 `J- outh College Road, Suite E
Wilmington, NC 2841 2
3
I�IIIIIrm"�IIII IIIIIII'I Illll�i Illy I �a 11. Clee83-29-2018
WMam I of 0.0114
2 PROP
Brasd4 M. Clgap,a RRR R�Bl�ler of W�tl�
03-28-2018 10:73:00.081 BrunwreIs Carly, MC
NC REVff" STAPP: $430.80 (tte70040)
naetu&Ck
NtGash
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« notalevIm. ]ldd�
CkS1$
Aefund Cash$ Fkmssce
13 portions of document are Illegible due to condition
of orign al.
D Document contains seals verlRed by original
Instrument that cannot be reproduced of copied.
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $436.00 Parcel Identifier No. 249DF007
Prepared by: Ryan W. Johnson, a licensed NC anomey, P.O. Box 10685, Southport, NC 28461
Delinquent taxes, if any, to be paid to the Brunswick County Revenue Office upon disbursement of the closing proceeds.
This Deed is made this _ day of March, 2018 by and between
LAURA GREER PICK
and husband,
JOHN GILBERT VICK
4619 Blanchard Road
Durham, NC 27713
Lot 8 Block 8 Section 1 LB
CUSTOM ISLAND HOMES BY
KEN KISER,LLC
137 NE 371h Street
Oak Island, NC 28465
Vali
SHELLY BARNEY
208 SE 761" Street
Oak Island, NC 28465
The designation Grantor and Grantee as used heroin shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by cmdnxL
The Grantor represents that this property is _ /is not X their primaryresidence,
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
DCM WILMINGTON, NC
All that lot or parcel of land on Long Beach (now known as Oak Island) in Brunswick County,
North Carolina, known as Lot No. 8, Block 8, Section No. 1 as the same appears on a plat of
subdivision of property on Long Beach by Frank E. Lawrence, Engineer, dated March 18, 1939
and recorded in Map Book 1 at Pages, % through 99 in the office of the Register of Deeds of
Brunswick County, the said lot having the metes, bounds and location as shown on said plat.
Said property having been previously conveyed to Lee J. Greer and wife, Marguerite H. Greer by
instrument(s) recorded in Book 134, Page 156 of the Brunswick County Registry. For more
information see Brunswick County Estate File No. 14 E 1031.
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 free 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 hereia stated
Title to the property hereinabove is subject to the following exceptions:
1. Ad valorem taxes for current and subsequent years.
2. Easements for utilities and rights of way in the chain of title.
3. Restrictive covenants of record.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and
year fust above written. n /
STATE OF N H CARQ�R#
COUN'T'Y OF.Aki25\ T
1Tere�t l J .tri - , a Notary Public for said state and county, do hereby certify that
Laura Greer Vlek and husband, John Greer Vick personally appeared before raw this day and
l'vMW
--fledged the execution of the foregoing instrument.
N . ,
1)y hand and official seal or stamp, this ,ly 61y of March, 2018.
gad
Co , on Expires: 10
Notary Public
RECEIVED
-E6 14 2019
DCM WILMINGTON, NC
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whms myo►9Vn&m nftwh she" I Homes CAMA Major Permit Application
marcid J /THdaryof�CT. A.D. Z�0/D' emailed to you on 4-17-19
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VVETLA1VD IMPACT MAP
FOR
K13ER CLJ3 TOM HOMES
AT
49 15 E. BEACH DRIVE
OAK ISLAND, N.C.
SMITHVILLE TWSP BRUNSWICK CO. N. C.
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OF VEGETATION
P
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to Ix instaAed 6' above the slab.
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496 sf or 0.0 / ac. +/-
VXNMAW
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3urveyor.5,
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JOEY BROCHURE L- l 759
l 02 5.E 68th Street
Oak 15/and, N.C. 26465
PHON59 / 0-250-9 1.92
CELL: 9 / 0-523-6 / 22
wwwislandsurveyor. com
Residential * Commercial 5ite Plan
Lot Surveys * n7ood Elev. Certificate
email: islandsurveyoisQgmaLcorri
PROPERTY REFERENCE
OWNER: CUSTOM HOME BY
KEN KISER * SHELLY HARNEY
ADDRESS: 49 / 5 E BEACH DR
LOT 6, BLOCK 6 SEC. ELB
MB / PG. 96
PARCEL# 249DF007
LOT AREA: 7,500 SF
LEGEND
MOTS
2nd floor
ALL DISTANCES SHOWN ARE
HORIZONTAL GROUND DISTANCES
I st floor
.r
CONTOURS TAKEN FROM
B?UA15MC:K
c'. i •
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THAT THIS SURVEY IS OF AN
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THESURVEY PERPOMM AND
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IM
.,
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ALL DISTANCES SHOWN ARE
HORIZONTAL GROUND DISTANCES
I st floor
CONTOURS TAKEN FROM
B?UA15MC:K
COUNTY GIS
THAT THIS SURVEY IS OF AN
M577NG PARCEL OR PARC 2S OF
LAND
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THESURVEY PERPOMM AND
6X.5 Actioil B"
ANAP PREPARED WITHOUT THE
BENMr OF A TIRE REPORT, THIS
SURVEY 15 SUfVECr TO ANY
FACTS► AND EASEMENTS THAT
ATLANTIC OCEAN
MAY
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