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54-21 Allis Holding, LLC
Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 54-21 Issued to Allis Holdings LLC., PO Box 2499, Kitty Hawk, NC 27949 Authorizing development in Dare County at adi. to Currituck Sound. at 1240 Duck Rd.. in Duck , as requested in the permittee's application dtd 11/19/20 (MP-1,3,4), including attached workplan drawings (4), Sheets 1,2 of 3 both did "Rev 2/18/21", Sheet 3 of 4 dtd "Rev 3/l/21" and Sheet 4 of 4 dtd 3/l/21. This permit, issued on May 3, 2021 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )t tnese terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Gazebo 1) This permit authorizes only the gazebo and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this gazebo without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 3) The roof of the covered gazebo shall not be designed for second story use. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. 914416� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee r DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New v — Major Mod _ Permit# _ Minor Mod Permit Coordinator: &Nr Field Representative: _ Dj ( Renewal Transfer Date Time Message 14011't�� �uck ro�,J�s caKw��� bo�1 1,P0 kLu� wp/,Avot ivc�o9iF V%$A W&S—'65f2( 1AA5 Sr,gNm aS a nPanch Aistc�bbor. MO;( dCW w�i� 6DWCks tWj Yoe loov. W(uwc� G5 e4vxk � 9`n kt% I24q2tJ, 3�A\-I,, �l�i;.u!` &�Wk� (-,� VJI� 31,t`- n i�jj`u cslt�v (omi "C',t.2 9.c,e_� pK� � nvgr✓ �G/cv- 361,51 N} I I `,(11. ILAI LZ dI LG VIL313Itql ulgf`lloig(tz/a'Z� w4& 3M �)KF 311,3 DCM Coordinator: Permit Permittee: Agents DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: MAILING DISTRIBUTION SHEET Ac 2xiyF Washington (with revised work plan drawings) Wilmington (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertircurrituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov W� Heidi Cox (WIRO) Kim Harding David Harris n Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger-401✓ Tina Martin - 401 L,,'� Clif Whitfield (WARD) t� Jimmy Harrison i/ Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD)✓ (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler ''// LPO: _ nCly ��i _�k 4rz4 %9�+A ION Mr-1 Receivic id APPLICATION for 'El 21 ly-` major Development Permit DCr4-Ec (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Allis Holdings, Uc Project Name (a applicable) Water Front Shops Applicant 1: First Name Jim MI Last Name Braithwaite Applicant 2: First Name MI Last Name if additional applicants, please attach an addf7ionel pa9e(s) with names listed. Mailing Address PO Box 2499 City Kitty Hawk State NC ZIP Country 27949 USA Phone No. 252 - 202 — 2107 ext. FAX No. I _ - Street Address (ifrdBerent from above) City State ZIP Email jb@allisholdings.00m 2 Agent/Contractor Information Business Name Atlantic Environmental Consultants, Lic Agent/ Contractor 1: First Name MI Last Name Doug A Dorman Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city State P.O. Box 3266 Kitty Hawk NC ZIP Plane No. 1 Phone No. 2 27949 252-261-7707 wt. 252-599.2603 ext. FAX No. Contractor 0 252 261 7707 Street Address (if different from above) City State ZIP Email dougdaec@gmail.com 0omt continues on back> DEC 12 2020 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagem e Form DCM MP-1 (Page 2 of 4) SCE(°1Ct� APPLICATION for Major Development Permit lit:E 21 2 3. Project Location County (can be multiple) Street Address State Rd. # Dare 1240 Duck Road NC 12 Subdivision Name city State Zip - _--- None Duck NC 27949 - Phone No. Lot No.(s) (#many, attach additional page with list) 252 - 202 - 2107 ext. WA, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project )GJ —N Currltuck Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ISINaturai ❑Manmade ❑Unknown Currituck Sound e. Is proposed work within city limits or planning jurisdiction? f. N applicable, list the planning jurisdicon or city limit the proposed ®Yes ONO work fags within. The Town of Duck A Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,648 linear feet 260,924 C. Size of individual lot(s) d. Approximate elevation of trot above NNW (normal high water) or WA, (Nmeny lot slses, please attach additional list) NWL (normal water level) 7' page with a ONHW or ®NWL e. Vegetation on tract Black Needle Rush, Spartme sp., Wax Myrtle, Poison ivy. f Man-made features and uses now on tract Commercial buildings, asphalt and concrete parking, bulkhead and rock rip -rap shoreline. g. identify and describe the existing land uses adiacent to the proposed project site. Commercial retail and restaurants. h. How does local government zone the tract? project consistent with the applicable zoning? 1. Is the proching Commercial far (Attach zcompliance certificate, if applicable) ®Yes J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? N 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 g involve a ❑Yes ®No ❑NA National Register listed or eligible property? i <Form continues on next page> DEC 12 2020 DCM-MHD CITY 252-808-2808 .: 1.888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) p� ,y APPLICATION for R a c e ivG U Major Development Permit FDescnibe ere wetlands on the site? ®Yes ❑No ere coastal wetlands on the age? 7"rnM�LC MYes ❑No to either (i) or III) above, has a delineation been conducted? Y' LV ®Yes ❑No documentation, if available) xisting wastewater treatment facilities. P septic systems o. Describe existing drinking water supply source. Public water supply A Describe existing storm water management or treatment systems. --- Retention pond and wetland BMP 5. Aedvldes and Impacts a. Will the project be for commercial, public, or prtvate use? ®Commercial ❑publiNGovemmem ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed rock rip -rap waterward of existing wood bulkhead. Rock revelment proposed waterward of exisitng Coastal Wetlands to protect from further erosion. One pile supported 10'x10' gazebo to be constructed over water west of the existing boardwalk. One open slatted shade pergolas over the existing boardwalk on west side of existing buildings. The existing Water Front Shops to continue as retail and restaurant establishments. 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. The Rock rip -rap will be loaded onto the barge with a crane from the parking lot, in between two existing buildings. Rock and equipment will be stored in parking area during construction. Construction will take place in winter months to limit impacts to parking and businesses. d. List all development activities you propose. 920 Linear feet of rock rip -rap water ward of existing bulkhead. 320linear feel of rock revetment water ward of exisisting coastal welands. 10'x10' pile supported gazebo over the Currituck Sound. 2-19xl8' wood slatted shade structure over existing boardwalk 2,700 square feet of backfill at Blue Point Restaurant. e. Are the proposed activities maintenance of an existing proJecx, nsw wok, tx Dolh? New I. What Is the approximate total disturbed land area resulting from the proposed project? 2,700 ®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. None. No upland development. 1. Will wastewater or stomnaater be discharged into a wetland? ❑Yea ❑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 ®hw If yes, attach a mitigation proposal. <Form continues on back> r�,�d..Grvc_v DEC 12 2020 252-808-2808 :: 11-888-4RCOA www.nccoastatmanagemen Dent- HD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additiona117tfornlatlon In addition to this Completed application larm, (MP-1) the following items below, if applcable, must be submitted in orderqdistinguish n package m be complete. Items (a) — (0 are always applicable to any major development application. Please consu8 me instruction booklet on how to pmpsdy prepare the required items below. a. A project narrative. It. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scab. Please give the pres Proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drash 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 Phantom Enterprises Phone No. Address PO Box 308, Youngstown, PA 15898-0308 Name Roben and Karen Segelken Phone No. Address 59 Samsondale Ave, West Haverstraw, , NY 10993 Name Dare County Manager- Bobby Outen Phone No. Address PO Box 1000, Mantso, NC 27954 g. A list of previous state or federal permits issued for work on the project trait. Indude pern8 numbers, pertniaee, and issuing dates. CAMA Minor Permit D-2018.348, 4/18/18. Individual Permit SAW 201"1897 h. Signed consultant or agent authorization form, N 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), N 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. to Enter on Land r unuerstano mar 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. RECEIVED Date _11/19/20 Print Name _Doug Dorman, Consultant Signature 42: -54 • ,-•- DEC 12 2020 Please indicate application attachments pertaining to your proposed project. OEw'NAA jiD CITY ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts SDCM MP-3 Upland Development Recsivcd SDCM MP-4 Structures Information DW- 252.808.2808 :: 1.888-4RCOAST :: www.necoastaimanagement.net 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. 2- 10' wide 18' long shade pergolas. Open wood slatted construction with no impervious surfaces. c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more then 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 areas I. Give the percentage of the enfire tract to be covered by impervious and/or buifl-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. No new impervoius areas j. Describe proposed method of sewage disposal. Existing septic system. No new sewage disposal I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial) commercial effluent, leash down' and residential discharges). Surface runoff b. Number of lots or parcels. d, Size of area to be graded, filled, or disturbed including roads, ditches, etc. Bulkhead backfill at Blue Point Restaurant 2,700 sf. f. List the materials (such as marl, paver stone, asphat, or concrete) to be used for impervious surfaces. No impervoius area proposed. h. Projects that require a CAMA Major Development Permit may also require a Stonnwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stomnvater design? []Yes []NO ®NA If yes, attach appropriate documentation. RECEIVED DEC ] 2 2020 Received BR 2 ) 252-808-28082:: 1-888ARCU, oastalmanagament.net revisede 12/26106 Form M'" PAP-3 (Upland Development, Page 2 of 2) M. Describe proposed drinking water supply source (e.g., well, n. (1) Will water be impounded? ❑Yes ®No []NA community, public system, etc.) Existing public system (it) If yes, how many acres? o. When was the lolls) platted and recorded? 10/03/1972 11/19/20 Date Water Front Shoppes Project Project Name Allis Holdings, LLC Applicant Name Agent - Doug Dorman Applipant Signature p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA R@C£(' cd 4-iECEIVED L)CM-EC DEC 12 2020 252-808-2808:: "88-4111COAST :: www.nccoastalma_nagement,,neq DCM-MHD CITY revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. 1. DOCKING FACIUTy/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking fadllty/marina: b. (i) Will the facility be open to the general public? ®Commercial ❑Publir/Govemment ❑Private/Community ®Yes ❑No c. (1) Dock(s) and/or piers) d. (i) Are Finger Piers included? ®Yes []No III) Number 2 Existing If yes: (III) Length 180' & 120 (n) Number 2 Existing (iv) Width 6' (iii) Length 20' (v) Floating ❑Yes ONo (iv) Width 4' (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts Included? []Yes ®No If yes: If yes: (ii) Number 1 Proposed gazebo & 2 existing (it) Number (iii) Length 10' proposed. 45' & 40' existing _ (III) Length (iv) Width 10' proposed 6' existing (iv) Width (v) Floating ❑yes ®No _ Note., Roofed areas are calculated from dnpiine dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 0 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 8 ❑ Dockage, fuel, and marine supplies ® Dockage Net slips') only, number of slips: 8 ❑ Dry storage: number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open funaboyt,., ❑ Land cut and access channel charter boats, sail boats, mixed types). ,EIVED ❑Open water; dredging for basin and/or channel Mixed two ❑Open water; no dredging required pother; please describe: DEC ] 2 2020 DCM-mHo CITY k_ Typical boat length: 18_30' I. (1) Will the facility be open to the general publfp¢? E E ``>E 1.l ®Yes ❑No M. (1) Will the facility have tie pilings? ❑Yes ®No 01) If yes number of tie pilings? �(?+41V1./� pp jq -E(' uC 2=` b0a-2808 :: 1 4RCOAST:: wwv;. anent.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITYAWARINA OPERATIONS ®This section not applicable A. Check each of the following sanitary facilities that will be Included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? a. (1) Give the location and number of'No Sewage Discharge' signs proposed. (10 Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed OP. h. Give the number of channel markers and "No Wake' signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existingmarina, what v 3i bee) L; j types of services are currently provided. OR212_r D m. Is the marinaldocking facility proposed within a primary or secondary nursery area? DC14-E^� Cr 20 2 0 ❑Yes ❑No EC 12 DCM-MHD CITY -. ;au-2808 :: I -'.ST a www.nccoastalnnana<,, , revised: 12127/06 Farm DCM MA-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility Proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. me mannarcopkmg facility proposed within or adjacent to coastal wetlandslmarsh (CM, 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 _ OWL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes [:]No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lift) ®Tills section not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Commundy (it) Number _ (iii) Length IN) Width _ Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill-) ®Tills section not applicable a. (i) Number _ (ti) Length _ (III) Width 5. BREAKWATER (e.g., wood, sheetniile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands B. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑PubiiciGovemment ❑PrivatelCommundy c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Average distance from NM, NWL, or wetlands ®This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DEC 12 2020 DCM-MHD CITY QCM-EC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastar_management.net revised. 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structures) to adjacentriparian property lines b. Proximity of struetu re(s) to adjacent docking facilities. 480' to the north (Phantom), 376 to the south (Dare 260' County) Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 3.0 miles e. (i) Will navigational aids be required as a result of the project? Yes ®No []NA (ti) If yes, explain what type and how they will be implemented. 8. OTHER a. Give complete description: 11/19/20 Date Water Front Shoppes Project Name Allis Holings, LLC Applicant Name Appb nt Signature d. Water depth at waterward end of structure at NLW or NWL I foot El This section not applicable RECA%6i JCd DEC 0 Dr,AAHD C 252-808-2808:: 1.888-4RCOAST:: vvww.nccoastaimanagamentnet revised: 12127/06 CURRITUCK SOUND EXLSMG TOWN OF DI DOCIIING FACILITY E70-MG TOWN OF DUCK BOARDWALK , -I.0' X r I EXISTING COASTAL WETLANDS COASTAL WETLAND LINE - _ _ _- -._._ 404 WETLAND LINE 75' AEC LINE - - -.- - -- SHORELINE (NWL) PROPERTY BOUNDARY ADJOINING PROPERTY LINE EVE FEE 1 ` 2021 X -3.0' X -2.5' X -3.0, X -2.8' X -2.6' \ \�T77AA��G \ -1.8' X X -3.0' BU MAD -2.0 X \ \ \\ \\ X -1.5' \ B \ \ S -1.0' X \ \ �� \ � \ \\ \ EXbTA X -2.0' \ \� X -2.5' \ EXISTING BUILDING `\ �\ X -1.6' 0.8' (\\ IIIIUpllll \ \ \ ' IINIUUII 1 \\ EXISTING BUILDING \ NOW OR FOWIERLY I __--_- O D X I STAN WI-IITE h-______� jI I J 11 I I h 1 CAMA MAJOR SITE PLAN ALLIS HOLDINGS, LLC 1240 DUCK ROAD DUCK — DARE COUNTY — NORTH CAROLINA X -3.0, X -2.5' ROCK GROIN EXL4TING COASTAL WETLANDS v ' ` In `I 11 111 75 �I�IIm11rI`1T\\v�"1\ 1��� 1 1� SHEET 1 OF 3 25' 0' 50' 100, 150' ATLAN -C ENV/RONMENTAL CONSULTANTS, LLC GRAPHIC SCALE 1"= 50' P.O. 90,r 3266, K/TTY 114 W,, N.C. 27949 (252)261-7707, 0-177oil dougdoeCeg1770i1 com DATE: 10/29/20 REVISED: 11/19/20, 02/18/21 FILE: WFS 2020 DRAWN BY:DAD Bodnar, Gregg From: Bodnar, Gregg Sent: Wednesday, March 17, 2021 4:09 PM To: 'Doug Dorman'; Corbett, Robert W; Renaldi, Ronald Subject: RE: [External] Fwd: 63708099734_EBA8F4D4-5E3B-4D62-AD7E-4C7A5BB7C263.jpeg Afternoon Doug, After review of the desk proposal it has been determined that the desk is for retail purposes and a non -water dependent use of a water dependent structure, and therefore not allowable. To date I am still waiting on DMF, WRC, 401 and USACE. I have made requests this week for comments from those agencies. Regards, Gregg From: Bodnar, Gregg Sent: Friday, March 12, 2021 10:03 AM To: Doug Dorman <dougdaec@gmail.com>; Corbett, Robert W <Robert.Corbett@ncdenr.gov>; Renaldi, Ronald <ronald. renaldi@ ncdenr.gov> Subject: RE: [External) Fwd: 63708099734_EBA8F4D4-5E3B-4D62-AD7E-4C7A5BB7C263.jpeg Morning Doug, Sorry for the late reply. I did not realize until Robert called me that this was Allis Holdings. I have posed the question to additional staff and am waiting to have an internal discussion. Once that happens I will let you know the determination. Thanks, Gregg From: Doug Dorman <douedaec@email.com> Sent: Thursday, March 11, 2021 3:02 PM To: Corbett, Robert W <Robert.Corbett@ncdenr.gov>; Renaldi, Ronald <ronald.renaldi@ncdenr.Rov>; Bodnar, Gregg <ereea.bodna r@ ncde nr.gov> Subject: [External] Fwd: 63708099734_EBA8F4D4-SE3B-4D62-AD7E-4C7ASBB7C263.jpeg CAtrriON: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Robert, The proposed gazebo at the Water Front Shoppes is for a kayak rental location. The person that will be using the gazebo would like to have a desk area to work from. I have attached a sketch of what they would like to do. Does anyone see a reason this could not be done? Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell ---------- Forwarded message --------- From: Doug Dorman <douedaec(@gmail.com> Date: Thu, 11 Mar 2021 at 14:53 Subject: 63708099734_E BA8F4D4-5E3 B-4D62-AD7 E-4C7A5 BB7C263.jpeg To: Doug Dorman <dousdaecCal¢mail.com> Sent from my Whone Bodnar, Gregg From: Doug Dorman <dougdaec@gmail.com> Sent: Thursday, March 11, 2021 3:02 PM To: Corbett, Robert W; Renaldi, Ronald; Bodnar, Gregg Subject: [External] Fwd: 63708099734_EBA8F4D4-5E3B-4D62-AD7E-4C7A5BB7C263.jpeg Attachments: 63708099734_EBA8F4D4-5E3B-4D62-AD7E-4C7A5BB7C263jpeg CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Robert, The proposed gazebo at the Water Front Shoppes is for a kayak rental location. The person that will be using the gazebo would like to have a desk area to work from. I have attached a sketch of what they would like to do. Does anyone see a reason this could not be done? Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell ---------- Forwarded message --------- From: Doug Dorman <dou¢daec@amail.com> Date: Thu, 11 Mar 2021 at 14:53 Subject: 63708099734_E BA8F4D4-5E3B-4D62-AD7E-4C7A5 BB7C263.jpeg To: Doug Dorman <douedaecPRmail.com> Sent from my iPhone .y w���ayY N • . � M a� t g d'.q,.� �'$ J£ •+JR p +;Y s:A �$ ut rY'4'.L4. &%Y i1 Yv ` Xq H h N hg� W WlatdN�i E i Y 4 ' t 'o" ,r..eM, a ^'. , y i& ., •. y ',4 A�? of `tAV'"Yf l.� 4 a. 'NF g «Wo, r u. erred _ Wo d � ",� ��� .c i t+^ `P `.�� AA • `"5 �`•�dtY £! C j�YA %s1xe. �#G .. # M�kEF * 4. AF O'Fps*' N Y.Y �J4. �'i4•«, a r.a 45 aRYass"'n`" a� kYx" de i .,+p� J nk`� �e [ k WA«Ps dp{t }«yx C eup w a g r j a . v x •" t ' x u r L rW"'t:�t d 7s+ :' a y a. T4 vY MI'4Y u�. ♦ � � Y r "E) F f 1 CATA f eP.t '� E f �, 1r,y:" �&,s.,,,#iPE' ,4 t i{•*"x5-`A�'` .' �.." fi •., tv +d-�y ,; I � �t u,, y � �� C A ". ,l,+i:• EtE t��•�il t}"r' „e� �_� S d* :f .{• E 5Xr Y Sx• T. Y i�4y b k '•"YP } • 'fi y. 4 k ':� z �$ E }, xwP `kc x *Y 3 •- i�x F. �.-i-4+R x�4��Y.F .Ia spar tq yy�w R xd� u q` 1 I r x a i •' o- i.:n "bfrt- t' <w)4rrvm 4 f x 'a' .. t A•L a ..x ROY COOPER Goven,i f MICHAEL S. REGAN secretary BRAXTON C. DAVIS Dlrecror NORTH CAROLINA Environmental Quaflty March 9, 2021 Atlantic Environmental Consultants LLC. Doug Dorman dougdaec@gmail.com Dear Mr. Dorman, This letter is in reference to the application submitted Allis Holdings LLC., for a Coastal Area Management Act Major Permit to undertake a revised project that includes development activities to place fill behind an existing bulkhead and construct two pergolas and a gazebo, in Dare County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c) which would make May 23, 2021 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, 04 Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Elizabeth City North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, March 9, 2021 8:55 AM To: 'Doug Dorman' Subject: Allis Holdings LLC Extension Attachments: Allis Holdings LLC EXT.pdf Morning Doug, Please see above for the extension. I am still waiting on DMF and WRC to make final comments, though I do not expect any issues, and DWR and USACE as well. With the changes I also do not expect any issues, but unfortunately I have not received anything to date. I plan on sending a request this week. Once those are in I should be able to make a final decision shortly thereafter. Thanks, Gregg Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management j Department of Environmental Quality 252 808 2808 ext 22S (office) Greaa.Bodnarfin cdenr.gov EmaAcorrespondence to ondhorn this address Is subject to the North Coroflna r ablic Records Law and may be disclosed to third porties. Bodnar, Gregg From: Doug Dorman <dougdaec@gmail.com> Sent: Tuesday, February 16, 2021 3:29 PM To: Harrison, James A Cc: Dunn, Maria T.; Bodnar, Gregg Subject: Re: [External] Allis Holdings, LLC Attachments: WFS Gazebo location.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Jimmy & Maria, Here is a picture of the proposed gazebo location. There is no SAV in this location and I don't see any roots that may emerge during the upcoming growing season. The gazebo would be approximately 5 feet from the edge of the existing coastal wetlands. The dark areas in the picture are a darker sand/sediment and not SAV. Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Thu, 11 Feb 2021 at 17:25, Doug Dorman <douizdaec(@amail.com> wrote: Jimmy, Thanks for the information. I have additional SAV survey information that has been collected over the past three years and I will get this to you as soon as possible. Doug Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Thu, 11 Feb 2021 at 15:14, Harrison, James A <James.Harrisonancdenr.cov> wrote: Good afternoon Doug, I'm sending you a copy of the SAV/shellfish survey protocols that DMF uses during permit application reviews. These protocols detail the timing, survey methodology, minimal data to include in a survey report, and additional data to include, as well as a map that shows the active growth period for the two different SAV regions. For this specific site, the active growth period is June through August, so the survey would ideally occur during that time. However, if there is indication that SAV is showing up earlier than the normal period, we may be amenable to the survey being conducted in May. One of the critical pieces of a survey report is to include mapping of the SAV, as this shows the exact locations at the site. This is the most useful for me in assessing potential impacts, especially when it is included on site plans that show the SAV in relation to the proposed work. If any additional guidance is needed, I'd be happy to work with you and provide any additional information I can. Thanks Doug, and feel free to contact me if there is anything else I can do to help. Jimmy Jimmy Harrison habitat and E_nbancement Section NC Division of Marine Fisheries james.harrieon@ncdenr.gov 252-9+5-3835 . G) Email correspondence to andjrom this address is subject to the North Carolina Public Records Lmr and may be disclosed to third parties. From: Doug Dorman <douedaec@email.com> Sent: Thursday, February 4, 20214:38 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Harrison, Jaynes A <James.Harrison@ncdenr.eov> Subject: [External] Allis Holdings, LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Maria & Jimmy, I received your comments for the CAMA Major permit application for Allis Holdings. The SAV at the site is off shore of the existing bulkhead and proposed rock rip -rap. We could remove the proposed rock revetments until the SAV growing season and continue with the major permit to protect the existing bulkhead. Are there any issues with the rock rip -rap at the existing bulkhead? Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell ERDODED COASTAL RECEIVED FEB 1 , 2021 MP S`CTION FAHD Bodnar, Gre From: Bodnar, Gregg Sent: Friday, February 19, 2021 8:26 AM To: Sandy Cross; Pelletier, Josh R CIV CESAW CESAD (USA); Padrick, Lee; DCR - Environmental_Review; Whitfield, Clif, Harrison, James A; Harris, David B; Jenkins, Shannon; Gupton, Sharon; Walton, Tim; Moser, Mike; Hilliard, Wanda; Montalvo, Sheri A; Dumpor, Samir; Thorpe, Roger; Pullinger, Robert C; Martin, Tina R; Dunn, Maria T.; Butler, Rodney A Cc: Corbett, Robert W; Godfrey, Ella M Subject: Allis Holdings CAMA application workplan revisions Attachments: WFS CAMA MAJ SH1 2.18.21.pdf; WFS CAMA MA1 SH2 2.18.21.pdf Morning all, Please see above for replacement workplans 1 and 2 of 3 for Allis Holdings. The revisions include the removal of rip rap shoreline protection along the entire project. Sheet 3 of 3, which includes the side view of the gazebo, was not updated. Since this is a reduction in scope and scale and therefore impacts, any comments of no objection do not need to be updated. If you have not provided comments please do so as soon as possible. Regards, Gregg Gregg Bodnar ! Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 8N 2Bt18 ext 21S (Office) GremuBodnaEencdenrgsw EmaU correspondenoe to and from this address is subject to the North C'araNna Public Records taw and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director NORTH CAROLINA EnWonmental Qualify February 19, 2021 Atlantic Environmental Consultants LLC. Doug Dorman dougdaec@gmail.com SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Allis Holdings LLC., in Dare County Dear Mr. Dorman: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Elizabeth City office on December 21, 2020.On February 15, 2021, processing of your application was placed on hold pending a request for additional information concerning a submerged aquatic vegetation (SAV) survey. With the removal of the rip rap, which initiated the SAV survey request, these issues were addressed and updated workplans were provided to the Division and the resource agencies. Therefore, with the concerns satisfied and updated workplans provided, processing of your permit application has officially resumed. The revised projected 75-day deadline for making a decision is March 9, 2021. Please feel free to contact me by phone at (252) 808-2808 ext. 215 if you would like to discuss this matter further. Sincerely, 4r� Gregg Bodnar Assistant Major Permits Coordinator CC: DCM Elizabeth City James Harrison, NC DMF (via email) Maria Dunn, NC DWR (via email) Chris Pullinger, DWR WaRO (via email) Tina Martin, NC DWR (via email) Josh Peletier, USACE Washington Regulatory Field Office (via email) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 4DO Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gre From: Bodnar, Gregg Sent: Friday, February 19, 2021 8:39 AM To: Doug Dorman Cc: Corbett, Robert W; Godfrey, Ella M; Harrison, James A; Dunn, Maria T.; Pullinger, Robert C; Martin, Tina R, Pelletier, Josh R CIV CESAW CESAD (USA) Subject: Allis Holdings Off Hold letter Attachments: Allis Holdings LLC OFF HOLD.pdf Morning Doug, With the. revisions sent to the agencies, please see above for the off hold letter and adjusted 75 day. Thanks, Gregg DW Q ca�i,Yaa�hw.vattrnou�r\ /"� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28M ext 215 (Office) GM .Badnar{®ncdemr.gQrr Email correspondence to and fmm this address it subject to the North Comitno public Records Law and may be dhdosed to third parties, ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Envtronmento/ Qualay February 15, 2021 Atlantic Environmental Consultants LLC. Doug Dorman dougdaec@gmail.com SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Allis Holdings LLC, in Dare County Dear Mr. Dorman: This letter is in response to the above referenced CAMA Major Permit application, which was accepted as complete by the Division's Elizabeth City office on December 21, 2020. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. The required item is summarized below: 1) Comments were received from the NC Division of Marine Fisheries (NC DMF) and NC Wildlife Resources Commission (NC WRC) both requesting a Submerged Aquatic Vegetation (SAV) survey. Your response to the initial additional information request was reviewed by the resource agencies it was determined that a new SAV survey is required during the active growing season of April through October. It is suggested that you continue to coordinate with the NC DMF and NC WRC to determine an acceptable methodology and scope and scale of the survey. I am available to provide any coordination assistance. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the required information is accepted by the resource agencies and final comments have been provided. DE North Carolina Department of Environmental Quality I Division of Coastal Management Morehead Ctty Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at gregg.bodnar@ncdenr.gov. Sincerely, !e i Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator 1409 DCM Elizabeth City James Harrison NC DMF Maria Dunn NC WRC Chris Pullinger NC DWR Tina Martin NC DWR Josh Pelletier USACE Washington North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, February 15, 2021 1:34 PM To: 'Doug Dorman' Cc: Corbett, Robert W Subject: Allis Holdings Attachments: Allis Holdings LLC HOLD.pdf Afternoon Doug, The DMF has requested a new SAV survey be completed during the active growing season, so I have placed the project on hold (see above). Please continue to coordinate with Jimmy and Maria on the methods and scope and scale of the survey. Once it was been completed send it on and I will make sure DWR and USACE receive it as well. Once it has been accepted by the agencies I can take it off hold. If any other comments of note come in I will pass them along. Thanks, Gregg •-m+ r io.:A L x Q Gregg 0odnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2NO ext 215 (office) GMgg,8odnar0ncdenr.g9v Emalf cor►espondeace to andlmin this address is subject to the North comyne Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, February 15, 2021 1:31 PM To: Harrison, James A; Dunn, Maria T.; Pullinger, Robert C; Martin, Tina R; Pelletier, Josh R CIV CESAW CESAD (USA) Subject: Allis Holdings LLC CAMA application Attachments: Allis Holdings LLC HOLD.pdf Hey all, Based on info from Jimmy and Maria this project will be placed on hold pending an accepted SAV survey. Please see above for a copy of the hold. I have requested Doug Dorman continue to coordinate with Jimmy and Maria on the methods and scope and scale of the survey. If there is any additional comments please send them on and I will pass them along. Thanks, Gregg awa.nars.oe.�eia�\ /`� Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28M ext 21S (Office) Grem0odna_6ntdenr gov Email correspondence to and from this address is subject to the North Carolina Public Records law and maybe disclosed to third parries. Bodnar, Gregg From: Harrison, James A Sent: Monday, February 15, 2021 10:45 AM To: Bodnar, Gregg Subject: Re: [External] Allis Holdings, LLC Attachments: WFS Living Shoreline SH3 - Aug 2017 SAV.pdf, Sheet 2 - Allis Holdings, LLC - Site Plans.pdf; 2020 SAV survey analysis.pdf; WFS SAV Sample Point Data 8.9.17.xlsx Gregg, I just finished up my discussion with Anne, and wanted to coordinate with you on how to move forward. Doug with AEC contacted me on Friday to discuss the project, particularly regarding my comments about the SAV survey not providing sufficient information for me. He let me know that they had also surveyed the site in 2017 for a different project, and offered to send me the results for that survey. I asked him to go ahead and do that, as it would help by providing some SAV history for that site. (As a quick reminder, my comments indicated that I would've wanted to see transects in addition to what seemed to be "random sampling" points). While looking at the 2017 survey data and comparing it to the 2020 survey, I noticed that the sampling points for 2020 were nearly identically positioned as the 2017 survey. My initial thoughts were that that's good, as it would provide a direct comparison, but also not good because that means 2020's points weren't selected randomly. Then I started looking at the data they were reporting. (I've attached the survey maps and survey data, as these are pertinent to look at now). Points 16 through 26 for the 2017 survey are the ones that look to be in the same spots as points 1 through 11 for the 2020 survey (2017 point 16 goes with 2020 point 1, 2017 point 17 goes with 2020 point 2, etc.). In comparing the data, the results provided for every corresponding pair of points is the same. The same water depths and SAV densities were reported, but supposedly three years apart. Although it is possible, I find it highly unlikely that surveys conducted three years apart would have identical data. I'm not entirely sure how to move forward with this one. Anne mentioned looping in Maria, as she might have some useful site -specific insight to provide. But I wanted to bring this to your attention before making anyone else aware of this. From my perspective, I find it incredibly unlikely that surveys conducted three years apart would yield identical water depths and SAV densities, especially when considering that the survey points were essentially the same for both years (I can't tell definitively, since they didn't provide coordinates for their sample points). Here are my concerns/feedback: 1. If necessary, the applicant should be notified. For one, I'm guessing that they will want justification as to why another survey is needed, further extending how long this process will take. Additionally, if the applicant paid for the 2020 survey, they should be notified that there is some question as to whether or not a survey was actually completed. 2. As noted above, there will need to be a new survey. I can't reasonably accept the results, as there is question to their validity. The survey will need to wait until April (at the earliest), and will need to be more comprehensive. Additionally, I would prefer to be present to either oversee or help complete the new survey, and I will probably need to do a follow-up if I can't be there for the survey. Feel free to let me know if you want to discuss this further, or if you think it's necessary/prudent to have a discussion about this with anyone else as well (i.e. WRC, NMFS, etc.), since they may be interested in the SAV survey results. If you need to quickly get in touch to discuss it, feel free to give me a call on my cell at 757-272- 3230. Thanks Gregg! Jimmy iitntn Harrison Ha6itatand Enhancement section NC Division of Marine Fisheries jamee.barrieon@ncdenr.gov 252-948-3 8 3 5 Email correspondence to and from this address is subject to the North Carolina Public Records Lmv and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, February 15, 2021 8:55 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: RE: [External] Allis Holdings, LLC Thanks for the heads up. Let me know how it goes and if there is any additional info needed. Gregg From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Monday, February 15, 2021 8:39 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: [External] Allis Holdings, LLC Good morning Gregg, I just wanted to let you know that I've got a weekly meeting with Anne this morning, and will be discussing this project during that call. There were some discrepancies with the SAV survey, and I wanted to get Anne's input before moving forward. But I just wanted to make sure to keep you updated so that you know that I'm still working on this one, and that I should have an update to provide soon. Thanks Gregg! Jimmy Jimmy Harrison Hakitat and Enhancement Section NC Division of Marine Fisheries ]ames.harrison@ncdenr`Jov 252-9+S-3835 0 Email correspondence to and from this address is subject to the North Carolina Public Records 1mv and may be disclosed to third parties. From: Bodnar, Gregg <grees.bodnar(ancdenr.eov> Sent: Thursday, February 11, 2021 1:34 PM To: Harrison, James A <James.HarrisonPncdenr.go > Subject: RE: [External] Allis Holdings, LLC Afternoon Jimmy, I wanted to see if you all had agreed on an SAV survey and time yet. Before I placed the project on hold for a SAV survey I wanted to make sure the scope and scale, timing etc. had been agreed upon. Thanks for the update, Gregg From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Friday, February 5, 20218:52 AM To: Doug Dorman <dougdaecCdgmail.com>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Cc: Bodnar, Gregg <gregg.bodnarCa ncdenr.Rov> Subject: Re: [External] Allis Holdings, LLC Good morning Doug, Thank you for your quick response to our comments. I appreciate the willingness to remove the rock around the wetlands, as the September survey indicated moderate/dense SAV surrounding these areas. However, regarding the installation of riprap in front of the bulkhead, I would need to see results of a more comprehensive SAV survey that includes the area where the proposed riprap would be installed. DMF's records indicate SAV presence along the entire site (see attached image), but the September survey only looked at the area around the pier/wetlands. Even if it is offshore of the bulkhead, I would need to know how far the SAV is from the bulkhead in order to accurately assess potential impacts of the riprap installation and make recommendations to avoid/minimize/offset impacts. I'll be leaving soon to spend most of the rest of the day on a site visit, but I'd be happy to discuss this with you and any of the other resource agency reps at a time that works for everyone, if need be. Jimmy ,Jimmy Harrison Habitat and Fnbancement Section NC Division of marine risheries Jarne5.karrison@ncJenr.gov 252-948-5855 0 Email correspondence to and from this address is subject to the North Carolina Public Records Lamv and may be disclosed to third parties. From: Dunn, Maria T. <maria.dunn@ncwildlife.ore> Sent: Friday, February 5, 20217:58 AM To: Doug Dorman <douedaec@email.com>; Harrison, James A <James.Harrison@ncdenr.eov> Cc: Bodnar, Gregg <greeg.bodnar@ncdenr.eov> Subject: RE: [External] Allis Holdings, LLC Good morning Doug. Thank you for your quick reply. My comments did reference concerns with the bulkhead. The profile showed the riprap extending over the bulkhead cap by +2'. This height would add to the width of the base to maintain proper slope. I do not really remember the riprap extending over the cap on other sites, though I'm sure it has in some cases. Often the rock is just in front of the vertical structure. I was looking for a way to minimize the footprint of rock and shallow water fill. I'm getting ready to leave and won't be back until late. If I need to clarify perhaps we can touch base this late afternoon or Tuesday. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 www.ncwildlife.ora Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Doug Dorman <dougdaec@amail.com> Sent: Thursday, February 4, 20214:39 PM To: Dunn, Maria T. <maria.dunn@ncwildlife, orla>; Harrison, James A <James.Harrison@ncdenr.eov> Subject: [External] Allis Holdings, LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Maria &Jimmy, I received your comments for the CAMA Major permit application for Allis Holdings. The SAV at the site is off shore of the existing bulkhead and proposed rock rip -rap. We could remove the proposed rock revetments until the SAV growing season and continue with the major permit to protect the existing bulkhead. Are there any issues with the rock rip -rap at the existing bulkhead? Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell Bodnar, Gre From: Doug Dorman <dougdaec@gmail.com> Sent: Friday, February 12, 2021 11:41 AM To: Harrison, James A; Dunn, Maria T. Cc: Corbett, Robert W; Bodnar, Gregg Subject: [External] Re: Allis Holdings Attachments: WFS Living Shoreline SH2.pdf; WFS Living Shoreline SH3.pdf; WFS SAV Sample Point Data 8.9.17.xlsx CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Jimmy & Maria, Attached is all the information I have to date on the SAV at the Water Front Shoppes in Duck. The initial SAV survey was done in 2017 for a grant application to the Coastal Federation for a living shoreline in several locations. Allis Holdings was awarded a matching funds grant but the proposed project was not feasible for the owners at that time and the funds were given to another project. An additional SAV survey was done September, 2020 for the CAMA permit currently under review. The only SAV information submitted with the recent application was for the rock revetment areas because this was the only part of the project that would potentially affect SAV. In my past experience SAV information was not required when applying for a permit to stabilize a shoreline that currently has a bulkhead, therefore; this information was not included in the recent application. The SAV survey information collected over the past 3 years shows mostly absent or sparse SAV along the property bulkhead. The rock revetments that were proposed in areas with moderate/dense SAV have been removed from the permit application to avoid these potential impacts. The existing SAV growth has been well documented over the past 3 years and we feel the rock riprap along the existing bulkhead will not affect any SAV. I beleieve installing the rip -rap is going to eliminate the scour taking place in front of the bulkhead, reduce wave refraction and promote the growth of SAV closer to the bulkhead. Attached is the 2017 SAV Survey information. Additional 2020 information to follow. Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Thu, 4 Feb 2021 at 08:57, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Morning Doug, Please see above for comments from DMF and WRC concerning additional information for SAV. Since the active growing season does not start until approximately April I would need to place the project on hold effective today. I will wait on the hold for a few days and let you contact DMF and WRC to discuss the SAV survey and the existing information you have provided. If the survey is still required after your discussions with DMF and WRC, I will provide you with the hold letter retroactive to today 2/4/21. Please keep me in the loop as you coordinate with DMF and WRC. Let me know if you need anything else from me. Thanks, Gregg D E Q Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 ON 28M ext 21S (office) Gr9A,Bodnarencden, E, & nail correspwrdeam to and from this address is subicct to the North Carolina PabllcRecords 'law and may be disdosed to third parties. Allis Holdings, LLC Water Front Shops Duck, Dare County, NC - August 9, 2017 Submerged Aquaitic Vegetation Sample Results Sample Point Bottom Type Water Depth SAV Density SAV Identification 1 Muddy Sand 6" Dense Eelgrass/EurasionMilfoil 2 Muddy Sand 6" Dense Eelgrass/EurasionMilfoil 3 Muddy Sand 8" Dense Eelgrass/Eurasion Milfoil 4 Sand 1.2' Dense Eelgrass/Eurasion Milfoil 5 Sand 1.5' Dense Eelgrass 6 Sand 1.7' Dense Eelgrass 7 Sand 1.0' Moderate Eelgrass 8 Sand 1.0' Absent Eelgrass 9 Sand 3.0' Absent Eelgrass 10 Sand 1.5' Absent Eelgrass 11 Sand 1.0' Absent Eelgrass 12 Sand 8" Absent Eelgrass 13 Sand 6" Absent Eelgrass 14 Sand 6" Sparse Eelgrass 15 Sand 1.0' Sparse Eelgrass 16 Sand 4" Absent Eelgrass 17 Sand 6" Sparse Eelgrass 18 Sand 1.0' Sparse Eelgrass 19 Sand 1.2' Absent Eelgrass 20 Sand 2.0' Sparse Eelgrass 21 Sand 1.2' Moderate Eelgrass 22 Sand 2.2' Moderate Eelgrass 23 Sand 1.2' Dense Eelgrass 24 Sand 1.0' Moderate Eelgrass 25 Sand 1.0' Moderate Eelgrass 26 Sand 1.0' Dense lEeigrass Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, February 4, 2021 8:57 AM To: 'Doug Dorman' Cc: Corbett, Robert W Subject: Allis Holdings Attachments: DMF Comment Memo - Allis Holdings - 1240 Duck Road.pdf; CMDF_Allis Holdings_Duck Boardwalk_NCWRCA.pdf Morning Doug, Please see above for comments from DMF and WRC concerning additional information for SAV. Since the active growing season does not start until approximately April I would need to place the project on hold effective today. I will wait on the hold for a few days and let you contact DMF and WRC to discuss the SAV survey and the existing information you have provided. If the survey is still required after your discussions with DMF and WRC, I will provide you with the hold letter retroactive to today 2/4/21. Please keep me in the loop as you coordinate with DMF and WRC. Let me know if you need anything else from me. Thanks, Gregg DEQ&W O�r�Y�Id1i4VYM�MW Yr'q� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28W ext 21S (Office) Gregg. Bodnar@ncdenr&9v Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Sent: To: Subject: Good morning Greg, Corbett, Robert W Tuesday, January 26, 2021 8:46 AM Bodnar, Gregg RE: Allis Holdings LLC I checked through the folder and all of my notes and I only have the 2 green cards. However I don't believe this is an issue because the other owner addressed is not riparian. I believe we can cross out the name on the application. Robert W. Corbett Jr. Environmental Specialist II Division of Coastal Management INC Department of Environmental Quality 252-264-3901, ext. 233 252-331-2951 (fax) robert.corbeft(ftcdenr.aov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 rNvihrny Compares ... , ***Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties.*** From: Corbett, Robert W Sent: Monday, January 25, 20212:30 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Allis Holdings LLC No problem. Anything else you need just let me know. Robert W. Corbett Jr. Environmental Specialist II Division of Coastal Management INC Department of Environmental Quality 252-264-3901, ext. 233 252-331-2951 (fax) robert. corbettOncdenr. gov 401 S. Griffin St., Ste 300 Elizabeth City, INC 27909 0. '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.*** 3. There is a letter from Phantom Enterprises about wanting updates on the accepted as complete date and agency comments. Has the notification for accepted as complete date been sent to them? Thanks, Gregg Q E vim.:e�t,��na Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 east 215 (Office) GE .BodnarAncdenr.Rov Email correspondence to and from this address is subject to the North Carolina public Records law and may be disclosed to third parties. Gregg From: Corbett, Robert W <Robert.Corbett@ncdenr.eov> Sent: Monday, January 25, 20212:05 PM To: Bodnar, Gregg <ereg¢.bodnar@ncdenceov> Subject: RE: Allis Holdings LLC Hey Greg, This is a new application. The last major permit (I believed) expired in 2019. I will check my file when I'm in the office tomorrow and see if a green card was submitted for them. However, I don't believe they are riparian. In fact I can't find that name near the site on the County GIS. To my knowledge no letter has been sent as of yet. However I have updated George Wood (consultant for Phantom Enterprises) of the minor changes that were made to the application. He stated that Phantom Enterprises is owned by an out of state owners who is just want to protect his investment. He does not object but would like to know what is going on with the project and possibly (in the future) continuing a similar sill in the future (if authorized). Let me know if you need anything else, Robert W. Corbett Jr. Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 233 252-331-2951 (fax) robert.corbett a ncdenr.gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 �Nothirtg Compares.t. , "*Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties.*** From: Bodnar, Gregg Sent: Monday, January 25, 20211:41 PM To: Corbett, Robert W <Robert.Corbett@ncdenr.eov> Subject: Allis Holdings LLC Hey Robert, I have a few questions about this one. 1. At one time Ron and I were discussing a major mod for this. Is it a major mod or a new major? 2. The MP-1 forms shows three riparian neighbors (Phantom Enterprises, Segelken and Dare Co.). I do not have a green card for Segelken. Is it available? From: Bodnar, Gregg Sent: Monday, January 25, 20212:28 PM To: Corbett, Robert W <Robert.Corbett@ncdenr.¢ov> Subject: RE: Allis Holdings LLC OK thanks. Just wanted to make sure. Gregg From: Corbett, Robert W <Robert.Corbett ncdenr.¢ov> Sent: Monday, January 25, 20212:27 PM To: Bodnar, Gregg <eree¢.bodnarPncdenr.gov> Subject: RE: Allis Holdings LLC Due to the last few storms we had the CW have been scoured from the Ex. bulkhead and in some case completely removed some open areas of CW. In fact the preliminary application had a 3rd sill around the southern point of wetlands. This had to be adjusted due the southern point no longer existing. I've attached some images showing the current state of the CW. Robert W. Corbett Jr. Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 233 252-331-2951 (fax) robert.corbett(a ncdenr.gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 0;:`: !`-^Nothing Compares.-�..� ***Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties.*** From: Bodnar, Gregg Sent: Monday, January 25, 20212:11 PM To: Corbett, Robert W <RObert.COrbettCancdenr.gov> Subject: RE: Allis Holdings LLC OK thanks for checking on the 311 notification. Also, based on google earth it looks as though the CW are not delineated correctly on the workplans. There looks to be a spot by the southern property line waterward of the boardwalk and the two sections to the north look like they extend to the bulkhead. There is no CW fill associated with the rip rap along the bulkhead? Thanks for the help, Bodnar, Gregg From: Owens, Charlan Sent: Tuesday, January 12, 2021 9:54 AM To: Bodnar, Gregg Cc: Godfrey, Ella M; Renaldi, Ronald; Corbett, Robert W Subject: RE: CAMA: Allis Holdings, LLC in Town of Duck Hello everyone, As a reminder, the Town of Duck has chosen to review permits in their jurisdiction for consistency with the certified land use plan. Local administration 15A NCAC 078.0803 (c) (1) Charlan Owens, AICP District Planner Division of Coastal Management North Carolina Department of Environmental Quality 252 264-3901 office 252 331-2951 fax charlan. owens0ncdenr. gov 401 South Griffin Street, Suite 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Godfrey, Ella M Sent: Tuesday, January 12, 20219:33 AM To: Sandy Cross <SCross@TownofDuck.com>; Owens, Charlan <charlan.owens@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil>; Padrick, Lee <Ipadrick@nccommerce.com>; DCR - Environmental Review <Environmental.Review@ncdcr.gov>; Whitfield, Clif <clif.whitfield@ncdenr.gov>; Harrison, James A <James.Harrison @ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Thorpe, Roger <roger.thorpe@ncdenr.gov>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A <Rodney.Butler@ncdcr.gov> Subject: CAMA: Allis Holdings, LLC in Town of Duck Good morning, Please accept this correspondence as the official distribution of a CAMA APPLICATION for the above referenced proposal. In the above attachments you will find the standard forms and comment sheet. As before, the comment sheet will provide the requested comment due date, DCM contact information, etc. Bodnar, Gregg From: Sent: To: Subject: Morning Ms. Cross, Bodnar, Gregg Tuesday, January 12, 2021 10:06 AM 'SCross@TownofDuck.com' Allis Holdings LLC CAMA Application Our Land Use Planner has notified me that you may be providing comments for both the Town and LUP for this project. I just wanted to check in and verify if this is the case so I can make a note in the file to document the change. If you will be providing comments in both capacities please note that on any comments you return. If there will be separate comments from the Town and the LUP please let me know and any contact information you may have so we can make sure they have everything they need to comment. Thanks for the clarification and if you need anything from me please let me know, Gregg �D_EQ9, o�.wwlran..wWar�r\ f� Gregg Bodnar Assistant Major Permits Coofdinator Division of Coastal Management Department of Environmental Quality 252 W8 28M ext 215 (Office) G regg..8odnar@ncden r.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: AJJu Holdings, LLC. COUNTY: Dare PROJECT NAME: Water Front Shops LOCATION OF PROJECT: 1240 Duck Road, Town of Duck DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-21-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No RECEIVED DEC 12 2020 DCM-MHD CITY FIELD REPRESENTATIVE: Robert Co DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Date I/ I t j J 6 a t B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60/40) # III(D) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 1-13-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 3-6-21 EMAIL OUT DATE: 1-12-21 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 2-2-21 DEED REC'D: Yes I50 DAY DEADLINE: STATE DUE DATE: 2-&21 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep t DCM — LUP Consistency Determination fgfA- Local Permit Officer faV44{t. *7111( Corps of Engineers - Regulatory Branch 41 % L ( DWR-401 Section s�3 20i(o —b'7Q8 DWR-Public Water Supply DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office Wildlife Resources Commission DMF- ShellfishSection `�Zel7j k DMF - Habitat & Enhancement It ti( ; L Q t Q voi DNCR— Archives &History L Q tG DNCR - Natural Heritage Program NCDOT NC Dept of Commerce rS ROY COOPER Governor MICHAEL S. REGAN sacm1ary BRAXTON C. DAvLs Director TO: NORTH CAROLINA Envlrwi n stfal Quality MEMORANDUM Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Ron Renaldi, District Manager RNf, FROM: Robert Corbett, Field Representative 0_1.& DATE: January 8, 21 Alt.s 3 SUBJECT: 4licg Ho gs LLC Permit Recommendations RECEIVED J A N , rn 2021 MP SECTION MHD The applicant proposes to install riprap to support an existing aging bulkhead, create a riprap revetment for wetland protection, fill 2,700 ftz of high ground, and install a Gazebo over water for commercial use. The site of the proposed development is located at The Waterfront Shops at 1240 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. The development proposal involves the Coastal Wetland (CW), Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H. 0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent. The proposed development is consistent with the intent of this rule. Paragraph (a) (1) States "Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches;" D Q2� North Caroll" Departme,rc of Fmlfonmemal QyalRy i DNlslun of Coastal Management FJlzabeth City Office 1401 South Griffin Stree4 Suite 301 1 FJaabeth City, North hrdim 27909 e Gregg Bodnar, Assistant Major Permits Coordinator Allice Holdings LLC Permit Recommendations January 8, 2021 Page 2 Consistent: The proposed development is considered water -dependent. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the _Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish bed, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Inconsistent: The proposed development will result in the fill of 960 ff of SAV for the . purpose, of protecting.esisting wetlands. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the inient of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraph 6 Piers lC® Facilities pertains to this project, and those subparagraphs not listed are not ap Ii6aifl s project. JAN 1 2 2021 MP SECTION WD Gregg Bodnar, Assistant -Major Permits Coordinator Allice Holdings LLC Permit Recommendations January 8, 2021 Page 3 Paragrauh (6) Piers and Docking Facilities Subparagraph (6) (A) states, "Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a waterdependent use that cannot otherwise occur;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6) (B) states, "The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6) (C) states, "Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6) (F) states "Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6) (G) states "Pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: The proposed development is consistent with the intent of this rule. (ii) not extending into the channel portion of the water body; �a I� r� Consistent: The proposed development is consistent with the intent of this rule. �o JAN 1 2 2021 FOP SECTION MHD Gregg Bodnar, Assistant Major Permits Coordinator Allice Holdings LLC Permit Recommendations January 8, 2021 Page 4 (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one- fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier - head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6) (I) states "Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access..." Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0209 Use Standards Paragraph (d) (1) states "All development projects, proposals, and designs shall preserve natural barriers to erosion, including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (2) states "All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to service the primary purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation shall be permitted if impervious areas are not increased and the applicant designs the project to comply with the rule to the maximum extent feasible." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (3) states "All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: ECEP"ED (A) All development projects, proposals, and designs shall provide for a buffer zone along the JAN 1 2 2021 MP SECTION MHD Gregg Bodnar, Assistant Major Permits Coordinator Allice Holdings LLC Permit Recommendations January 8, 2021 Page 5 margin of the estuarine water that is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. - Consistent: The proposed development is consistent'with the intent of this rile. (B) No development project proposal or design shall propose an angle for graded slopes or fill that is greater than an angle that can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs that involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days -of completion of the grading; unless the project involves clearing land for the purpose of forming a reservoir later to be inundated." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (4) states "Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (5) states "Development shall not interfere with existing public rights of access to, or use of, navigable waters or_public resources." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (6) states "No public facility shall be permitted if such a facility is likely to require public expenditures for maintenance and continued use, unless it can be shown that the public purpose served by the facility outweighs the required public expenditures for construction, maintenance, and continued use." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (7) states "Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission_ or the North Carolina Department of Natural and Cultural Resources." R oyt . lWproposed development is consistent with the intent of this rule. JAN 1 2 2021 MP SECTION MHD Gregg Bodnar, Assistant Major Permits Coordinator Allice Holdings LLC Permit Recommendations January 8, 2021 Page 6 Paragraph (d) (8) states "Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the use of the accessways." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (10) states "specific information, degrade the water quality or outstanding resource values. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section;" Consistent: The proposed development is considered water dependent. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend issuing a permit to Allice Holdings LLC for the development as proposed provided contingent on the other agencies allowing the rock revetment be located in areas of SAV. JAN 1 2 2021 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 12, 2021 MEMORANDUM: NORTH CAROLINA EnvironmentalQuatay FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) areag.bodnardbncderingov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Allis Holdings, LLC Project Location: 1240 Duck Road, Town of Duck Proposed Project: Install riprap to support an existing aging bulkhead, create a riprap revetment for wetland protection and install a Gazebo over water for commercial use Please indicate below your agency's position or viewpoint on the proposed project and return this torn to Greaa Bodnar at the address above by February 2, 2021. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) 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** VThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE ( �a Sancta i (o4d for Shannon Jenkins DATE 1120/2021 RECEIVED North Carolina Department of Environmental Quality I Division of Coastal Managenrcnt Elizabeth City Office 1401 South Griffin Street, Sulte300 I Elizabeth City, North Carolina 27909 2522643901 JAN 2 0 2021 ROY COOPER Corm HCHAEU REGAN Sermlmy BRAXTON C. DAvis Drreaor January 12, 2021 MEMORANDUM; NORTH CAROLINA Enviromenrar Quanty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-1 &33) l.LreA;l. bodnarAncdenr.gov SUBJECT: CAMA/Dredge & FBI Application Review Applicant: AUIs Holdings, LLC Project location: 1240 Duck Road, Town of Duck Proposed Project Install riprap to support an existing aging bulkhead, create a riprap revetment for wetland protection and install a Gazebo over water for commercial use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by February 2, 2021. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext 233) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may attached" X This agency has no comment on the proposed project _ This agency approves of the project only If the recommended changes are incorporated. See attached. _ This agency objects to the project for reasons described In the attached comments. PRINT NAME Lee Padrick RECEIVED AGENCY NC Commerce SIGNATURE P JAN 1 4 2021 DATE 1-13-21 GAWW North CarcGlw DcwrtrnelK of Elirlmnmcn:nlQwilry I Dh'L^Icm ofCoasWl Managcnrnt Eliubethatyoffiw t 40iSouthGritTinSux*t,Wieaoo I EnzahtthCliy,wot[hCarolia5Zr9o9 25/2643901 ROY COOPER GawrnDr MICHAEL S. REGAN secretory BRAXTON C. DAVIS Director January 12, 2021 MEMORANDUM. NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant.Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Ave., Morehead.City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) oregg.bodnar ricdenr.gov SUBJECT: CAMAIDredge & Fill Application Review Applicant: Allis Holdings, LLC Project Location: 1240 Duck Road, Town of Duck Proposed Project: Install.riprap to support an existing aging' bulkhead, create a riprap revetment for wetland protection and install a Gazebo over water for commercial use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by February 2, 2021. If you have any questions regarding the proposed'project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. a "Additional comments may be attached" x 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 colmments.� / PRINT NAME Cb['VJ111lt`v/d AGENCY N&C k(atpF 1tI126 Sgr,Pthil RECEIVED SIGNATURE DATE �a `adal JAN 1 3 2021 ITS. NorthCarollmDepvtmentofEhvbonmentat Quality I Division of Coastal Management EllzabethCity Office 140ISouth Griffin Street,Suh,300 I Elizabeth City, North Carolina 27909 2S226439oi ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 12,2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16.33) oregc.bodnarf7n ncdenr.00v SUBJECT: CAMAIDredge & Fill Application Review Applicant: Allis Holdings, LLC Project Location: 1240 Duck Road, Town of Duck Proposed Project: Install riprap to support an existing aging bulkhead, create a riprap revetment for wetland protection and install a Gazebo over water for commercial use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 2, 2021. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. _ This agency approves of the project only if the recommended changes b are incorporated. See attached. This agency objects to the project for reasons described in the attached Cie, 3 comments. PRINT NAME W—WI.&rd RECEIVE® AGENCY't SIGNATURE WC✓WAV, H-ulAtt,0� JAN 2 9 2021 DATE MP -SECTION PAM m'"DWEP a North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City. North Carolina 27909 252.2643901 North Carolina Wildlife Resources Commission �A- Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: March 23, 2021 SUBJECT: CAMA Dredge/Fill Permit Application for Allis Holdings, LLC, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 1240 Duck Road adjacent Currituck Sound in Duck, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant previously submitted a permit application to install 920' of riprap immediately waterward an existing bulkhead, fill a portion of uplands landward the existing bulkhead, place a riprap revetment along 320' of wetland interface, and construct a 10' by 10' gazebo over open water. The NCWRC reviewed the permit application and provided comments (Dunn, 2 February 2021) stating concern with the riprap installation and its impacts to shallow water habitats and submerged aquatic vegetation (SAV). Subsequently, discussions were held with NCWRC, NCDMF, NCDCM and the applicant. On February 19, 2021 modifications recommended to the applicant by the state agencies were incorporated into the proposed design. Primarily the riprap was removed from the coastal wetland interface until a SAV survey could be conducted and the overall riprap footprint was minimized waterward the bulkhead. The Currituck Sound at this location is classified SC by the Environmental Management Commission. RECEIVED EIVED MAR 9 3 2021 Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 KIP SECTION MHD Page 2 The NCWRC has reviewed the application modification and appreciates the applicant's effort to minimize impacts to aquatic resources and the commitment to improve the understanding of resource presence. At this time, we have no further comment on the currently proposed project that includes the bulkhead, fill, and gazebo, while we await the results of the SAV survey and the determination by the applicant on how or if to proceed on the wetland interface stabilization. We have appreciated the opportunity to review and comment on this permit application and look forward to additional information as it becomes available. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn@ncwildlife.org MAR 2 3 2021 WIP SECTION MHD ROY COOPER covemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dfmcmr c, 21.u1. 15.03 January 12, 2021 MEMORANDUM: NORTH CAROLINA Environmental QyaGty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-18-33) arena bodnW5,)ncdencgov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Allis Holdings, LLC Project Location: 1240 Duck Road, Town of Duck Proposed Project: Install riprap to support an existing aging bulkhead, create a riprap revetment for wetland protection and install a Gazebo over water for commercial use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gress Bodnar at the address above by February 2, 2021. If you have any questions regarding the proposed project, contact Robert Corbett (252-2043901, ext. 233) when appropriate, in-depth comments with supporting,data is requested. _ This agency has no objection to the project as proposed. "Additional comments may be attached" _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. r�_ _-{,rw—hr- PRINT NAME Nk "���• 1�un� AGENCY _���C SIGNATURE DATE RECEIVE® F E B 2 2021 North Carolina Oepartinent of Environmental quality I DiviytonofCowtalManagemern Elizabeth City Office 140[South Griffin street Suite 3001 Chaabeth City, North Carolina lr9g1P SECTION MHD 1.52264.3901 t6�iA - North Carolina Wildlife Resources Commission tI Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management Notch Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator i Habitat Conservation Division DATE: February 2, 2021 FEB 2 2021 SUBJECT: CAMA Dredge/Fill Permit Application for Allis Holdings, LLC, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 1240 Duck Road adjacent Currituck Sound in Duck, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. I I3A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to install 920' of riprap immediately waterward an existing bulkhead, locating the material a maximum distance of 10'and an average distance 8' waterward NWL. The riprap would extend over the bulkhead cap onto uplands landward the vertical structure. On a,2700 ftportion of uplands landward the existing bulkhead, fill would be placed and then covered with sod. The applicant states that in an attempt to preserve coastal wetlands located waterward the existing bulkhead, a riprap revetment would be installed along 320' of wetland interface, a maximum 10' waterward and an average 6" above wetland substrate. To facilitate commercial use of an existing boardwalk, a 10' by 10' gazebo is proposed over open water. The Currituck Sound at this location is classified SC by the Environmental Management Commission. The NCWRC has reviewed the application and is concerned with the impacts the project will have on shallow water habitats such as submerged aquatic vegetation (SAV). It is difficult at this time to fully assess these impacts with the amount of information available. While the application package included a one -page summary of a SAV investigation done on September 9, 2020, it did not detail locations on a map or provide survey details. The NCWRC has been involved with the development of the Town of Mailing Address: Habitat Conservation - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Pup 2 Duck's boardwalk for over 12 years and is familiar with the site and understands SAV is found throughout the area. To minimize the likelihood of the direct loss of SAV plants, a more thorough survey or presentation of findings is requested. Even after more discussion is held regarding SAV presence and location, we believe further minimization of impacts to SAV habitat can occur with the realigning of the sill and reduction of the sill base width. The applicant may have benefited from having these discussions during a scoping meeting. Therefore, the NCWRC requests additional information regarding the SAV survey that may lead to additional SAV investigations and discussion on means to minimize impacts to SAV habitat. We have appreciated the opportunity to review and comment on this permit application and look forward to additional information as it becomes available. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnancwildlife.or¢ DECEIVED F E G 2 2P FAA SECTION 11ND Bodnar, Gregg From: Harrison, James A Sent: Tuesday, March 23, 2021 10:18 AM To: Bodnar, Gregg Subject: Re: Projects Good morning Gregg, Sorry for not providing feedback on those. Whittaker Point - As long as the most recent plans/agreements are adhered to, as well as any other applicable permit conditions, DMF does not have any additional comment to provide at this time. Allis Holdings - Care should be taken during construction in order to avoid/minimize unintended impacts to any nearby SAV (I know that some has stuck around, based on a site visit; just want to make sure they avoid it to the full extent possible). As long as the recent plans and agreements are adhered to, DMF does not have any additional comments to provide at this time. Thanks Greggl Jimmy Jimmy Harrison Habitat and Enhancement Section NC Division of Marine Fisheries iames.harrison@ncdenneov 252-9+8-3835 (Office) 757-272-3250 (Mobile - Preferred) f) Email correspondence to and¢om this address is subject to the North Carolina Public Records law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, March 23, 20219:05 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: Projects Hey Jimmy, Oriental —Just the breakwater gap extensions now Allis Holdings —removed the rip rap ROY COOPER Governor WBCHAELS.REGAN Se —tart' BRAXTON C. DAVIS Director January 12, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quaffty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnarC@ncdenr.gov SUBJECT: CAMAIDredge & Fill Application Review Applicant: Allis Holdings, LLC Project Location: 1240 Duck Road, Town of Duck Proposed Project: Install riprap to support as existing aging bulkhead, create a riprap revetment for wetland protection and install a Gazebo over water for commercial use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 2, 2021. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison Insufficient information, see AGENCY NCDMF attached comments SIGNATURE 06�4LcdB/L DATE 2 Fry 2021 �������® ®ml FED 2 2021 a North Carolina Department ofEnvirontrcntal Qµatlty I Division or Coastal ManegeoblP SECTION 11," HD eizabeth CityOffice 1 401 South Griffin Street.Sulte= I Eraabeth CIM North Carolina 27909 252.2643901 TO: FROM: SUBJECT: DATE: ROY COOPER Governor MICHAEL S. REGAN Secretary JOHN G. BATHERSON AcangWrector MEMORANDUM: g� g Gregg Bodnar, NCDCM Assistant Major Permits Coordinator RECEIVED James Harrison, NCDMF Fisheries Resource Specialist F E B 2 2021 Allis Holdings, LLC, Dare County 2 February 2021 NIP SECTION MHD A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that may impact fish and fish habitats. The proposed work is located at 1240 Duck Road, within Dare county. The applicant proposes to install 920 feet of riprap waterward of the existing bulkhead, with the material being located a maximum distance of 10 feet waterward of the normal water line (NWL), and an average distance of eight (8) feet from the NWL. In addition to the shoreline stabilization, the applicant proposes to fill 2,700 square feet of high ground adjacent to the existing bulkhead. The proposal also includes installation of 320 feet of riprap to provide protection of existing wetlands. Lastly, the applicant is proposing to construct a 10-foot by 10-foot gazebo off the existing boardwalk, and this structure will be completely over the water. DMF has concerns with the potential impacts that could result from this project. Specifically, DMF has a record of submerged aquatic vegetation (SAV) being present throughout the project area, including in the footprint of the proposed structures. The application indicated that an SAV survey was completed on September 9, 2020, and noted that SAV was found within the project area. The survey findings were included in the application in the form of a one -page summary of the findings. However, the survey and the subsequent survey report are insufficient for assessing the full impacts of the proposed project. The survey did not cover the entire project area, and therefore DMF is unable to determine the full potential impacts. Additionally, the survey report did not include an overlay of the proposed project components in relation to SAV, which is critical in understanding the direct and indirect impacts. It is also important that a survey report indicate which species of SAV are present, as different species provide different benefits to aquatic species. Therefore, DMF requests additional information regarding the SAV survey that was completed for this proposal. If this information cannot be provided by the surveyor based State of North Carolina I DMsionofMartne Fisheries 3441 Arendell5treet I P.O. Box 769 I Morehead City, North Carolina 28557 252-726-7021 on the September survey, DMF would recommend that an additional survey be completed during the active growth period Qune through August), but may occur just outside of this period (i.e. between May and September). Furthermore, the requested additional information may lead to further discussions and recommendations to avoid and/or minimize impacts to SAV. DMF staff is available to provide further guidance on what would need to be included in a survey report in order to fully assess the potential impacts of the proposed project. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrisonOncdenr.gov with any further questions or concerns. y1- . e— G i �., F E B 2 2021 MP SECTION MHD State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 26557 252-726-7021 Received: 2/1 /2021 Historic Preservation Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 12, 2021 MEMORANDUM: NORTH CAROLINA EnvironmentarQuality ER 21-0210 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) oreag.bodnarOncdenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Allis Holdings, LLC Project Location: 1240 Duck Road, Town of Duck Due: 2/9/2021 NC - NCH 2/4/2021 Proposed Project: Install riprap to support an existing aging bulkhead, create a riprap revetment for wetland protection and install a Gazebo over water for commercial use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greog Bodnar at the address above by February 2, 2021. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley REECEIVED AGENCY Historic Preservation Office SIGNATURE Q DATE 2/9/2021 North Carolina Department ofEnvirunmental Quality I DivisionofCoastalManagement Elizabeth City office 1 401 South Griffin Street,Sulte 300 1 Elizabeth Cry, North Carolina 27909 252.2643901 FEB 9 2021 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy Cooper March 11, 2021 MEMORANDUM TO: Gregg Bodnar gregg.bodnarna.ncdenr.gov Division of Coastal Management Department of Environmental Quality p� FROM: Ramona M. Bartos, Deputy lt(►✓�t o`tB" �A•�p�"�S State Historic Preservation Officer Secretary D. Reid Wilson SUBJECT: Install rip rap for bulkhead and wetland revement, install over -water gazebo, 1240 Duck Road, Duck, Dare County, ER 21-0210 Thank you for your email of January 19, 2021 concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(c4�,ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. MAR 1 1 2021 PAP SECTION MHD Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Bodnar, Gregg From: Sandy Cross <SCross@TownofDuck.com> Sent: Monday, March 1, 2021 4:23 PM To: Bodnar, Gregg; Doug Dorman Cc: Heard, Joseph; jim braithwaite; matt price Subject: RE: FW: [External] RE: Allis Holdings CAMA application workplan revisions CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg, Joe and I both reviewed the revised drawings that Doug sent over this morning and we have no objection to the proposal with these changes. Thank you for the opportunity to review the plans. Sandy From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, March 1, 2021 12:56 PM To: Doug Dorman <dougdaec@gmail.com> Cc: Sandy Cross <SCross@TownofDuck.com>; Joe Heard <J Heard @TownofDuck.com>; jim braithwaite <jb@allisholdings.com>; matt price <ghostpusher@gmail.com> Subject: RE: FW: [External] RE: Allis Holdings CAMA application workplan revisions Thanks Doug. Sandy, when the Town has had a chance to review please let me know if this satisfies your previous comments. Thanks, Gregg From: Doug Dorman <douadaec(a¢mail.com> Sent: Monday, March 1, 2021 10:47 AM To: Bodnar, Gregg <RreRR.bodnar0ncdenr.aov> Cc: Cross, Sandy <scross0townofduck.com>; Heard, Joseph <1Heard(&townofduck.com>; jim braithwaite <ib(a)allisholdings.com>; matt price <Qhostousher@Pmail.com> Subject: Re: FW: [External] RE: Allis Holdings CAMA application workplan revisions CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Here is the updated plan and cross section for the bulkhead backfill at the Blue Point Restaurant. If you have any questions please let me know. Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Fri, 26 Feb 2021 at 13:15, Bodnar, Gregg <gregg.bodnarPncdenr.gov> wrote: Afternoon Doug, Please, see number 3 below from the Town concerning Allis Holdings. In the Town of Duck, the local government comments both as the local government and Land Use Plan. It seems that you might have discussed this topic during the site visit. Can you provide the additional information requested by the Town concerning the fill? Since we already had the project on hold once for the SAV I will wait on any hold determination until after the issue has been discussed with the Town. In addition, since the issue is a local government and/or LUP issue, if the determination of the local govt is that the project is inconsistent with local govt statutes or ordinances then the project would be a denial. I wanted to provide that information, but I don't think we are there yet. Please keep me in the loop as you discuss this with Sandy and if we are able to resolve this quickly then there may not be a need to place the project on hold again. Thanks for the assistance, Gregg From: Sandy Cross <SCrossCa)TownofDuck.com> Sent: Friday, February 26, 2021 10:59 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Heard, Joseph <JHeardCDtownofduck.com> Subject: [External] RE: Allis Holdings CAMA application workplan revisions CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg, We conducted our site visit on Tuesday and just finished meeting with Mr. Braithwaite and Mr. Dorman. Based on our previous comments, the only question we still had was related to the backfill. We have asked Mr. Dorman to provide our office with a cross-section of the proposed back fill not to exceed 3 feet in height sloping away from the height of the existing bulkhead. Upon receipt of this cross-section, we will offer our final comments. Understanding that several revisions to the original plan have been made, I have copied our previous comments from January 19th below: Our Director of Community Development has reviewed these plans and noted the following: 1. A lot of rip -rap to stabilize the shoreline — no problem there. 2. The rock revetments north of The Blue Point are intended to protect existing pockets of wetland — no problem there. 3. A good amount of fill is proposed in the low area behind The Blue Point. It appears to extend from the rear of the building to the bulkhead. If fill is added behind and supported by the bulkhead, then it may not comply with Town standards for fill. I did not see any information about the depth of fill to be added. The three-foot maximum will also be a limitation. We need additional information to determine if the proposal is compliant or a special exception will be needed. Pending 2/26/2021 4. One gazebo and 2-4 pergolas added along the boardwalk. The pergolas appear to be within/over the existing walkway. How will the boardwalk be impacted? Do the pergolas change the width of the walkway? Received confirmation related to these pergolas 2/26/2021. No problem. Hope you have a great weekend and we will be in touch soon. Sincerely, Sandy Cross Senior Planner CAMA LPO/CZO/CFM Department of Community Development PO Box 8369 Duck, NC 27949 252-255-1234 I 252-255-1236 (f) II scrossPtownofd uck. com www.townofduck.com Sign up and receive email updates about Town news, Planning and Development Departmental updates, Events, and more! For more information- http://bit.ly/Ducknews 0 TOWN 0- TVF { D NORI'H CAROLINA From: Sandy Cross Sent: Friday, February 19, 20219:52 AM To: Bodnar, Gregg <greeg.bodnarPncdenr.gov> Subject: RE: Allis Holdings CAMA application workplan revisions 4 r -- S Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, February 26, 2021 1:15 PM To: Doug Dorman Cc: Sandy Cross; Heard, Joseph Subject: FW: [External] RE: Allis Holdings CAMA application workplan revisions Afternoon Doug, Please see number 3 below from the Town concerning Allis Holdings. In the Town of Duck, the local government comments both as the local government and Land Use Plan. It seems that you might have discussed this topic during the site visit. Can you provide the additional information requested by the Town concerning the fill? Since we already had the project on hold once for the SAV I will wait on any hold determination until after the issue has been discussed with the Town. In addition, since the issue is a local government and/or LUP issue, if the determination of the local govt is that the project is inconsistent with local govt statutes or ordinances then the project would be a denial. I wanted to provide that information, but I don't think we are there yet. Please keep me in the loop as you discuss this with Sandy and if we are able to resolve this quickly then there may not be a need to place the project on hold again. Thanks for the assistance, Gregg From: Sandy Cross <SCross@TownofDuck.com> Sent: Friday, February 26, 2021 10:59 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Heard, Joseph <JHeard@townofduck.com> Subject: [External] RE: Allis Holdings CAMA application workplan revisions CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Soam. Gregg, We conducted our site visit on Tuesday and just finished meeting with Mr. Braithwaite and Mr. Dorman. Based on our previous comments, the only question we still had was related to the backfill. We have asked Mr. Dorman to provide our office with a cross-section of the proposed back fill not to exceed 3 feet in height sloping away from the height of the existing bulkhead. Upon receipt of this cross-section, we will offer our final comments. Understanding that several revisions to the original plan have been made, I have copied our previous comments from January 191h below: Our Director of Community Development has reviewed these plans and noted the following: 1. A lot of rip -rap to stabilize the shoreline —no problem there. 2. The rock revetments north of The Blue Point are intended to protect existing pockets of wetland —no problem there. .- N 3. A good amount of fill is proposed in the low area behind The Blue Point. It appears to extend from the rear of the building to the bulkhead. If fill is added behind and supported by the bulkhead, then it may not comply with Town standards for fill. I did not see any information about the depth of fill to be added. The three-foot maximum will also be a limitation. We need additional information to determine if the proposal is compliant or a special exception will be needed. Pending 2/26/2021 4. One gazebo and 2-4 pergolas added along the boardwalk. The pergolas appear to be within/over the existing walkway. How will the boardwalk be impacted? Do the pergolas change the width of the walkway? Received confirmation related to these pergolas 2/26/2021. No problem. Hope you have a great weekend and we will be in touch soon. Sincerely, Sandy Cross Senior Planner LAMA LPO/CZO/CFM Department of Community Development PO Box 8369 Duck, NC 27949 252-255-1234 252-255-1236 (f) scross@townofduck.com www.townofduck.com Sign up and receive email updates about Town news, Planning and Development Departmental updates, Events, and more! For more information- httn://bit.ly/Ducknews TOWN D U (C NORTH CAROLINA From: Sandy Cross Sent: Friday, February 19, 2021 9:52 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Allis Holdings LAMA application workplan revisions Greg, Joe Heard and I are going to conduct a site visit on Tuesday next week and will offer comments shortly thereafter. Thank you. Sandy From: Bodnar, Gregg <eregg.bodnar@ncdenr.aov> Sent: Friday, February 19, 2021 8:26 AM To: Sandy Cross <SCross@TownofDuck.com>; Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.PeIletier@usace.army.mil>; Padrick, Lee <Ipadrick@nccommerce.com>; DCR - Environmental_ Review <Environmental.Review@ncdcr.aov>; Whitfield, Clif <clif.whitfield@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.aov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.ienkins(@ncdenr.eov>; Gupton, Sharon <sharon.auoton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser doa.nc.eov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo ncdenr.eov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Thorpe, Roger <roeer.thorpe@ncdenr.aov>; Pullinger, Robert C <chris.pullinger@ncdenr.eov>; Martin, Tina R <Tina.Martin@ncdenr.eov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A <Rodney.Butler@ncdcr.eov> Cc: Corbett, Robert W <Robert.Corbett@ncdenr.eov>; Godfrey, Ella M <EIIa.Godfrev(mncdenr.gov> Subject: Allis Holdings CAMA application workplan revisions Morning all, Please see above for replacement workplans 1 and 2 of 3 for Allis Holdings. The revisions include the removal of rip rap shoreline protection along the entire project. Sheet 3 of 3, which includes the side view of the gazebo, was not updated. Since this is a reduction in scope and scale and therefore impacts, any comments of no objection do not need to be updated. If you have not provided comments please do so as soon as possible. Regards, Gregg ty-riT�4`.Md°M Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BOB 2808 ext 21S (Office) Gre dnarOncdenraav Email correspondence to and Jram this address is subject to the North CaraJ7no PuWlc Records Law and may be disclosed to third ponies. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. Regulatory Division SAW-2021-00084 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue. Morehead City, North Carolina 28557-3421 RECEIVED APR 2 7 2021 MP SECTION MHD Dear Mr. Howell: Please reference the application of Mr. Jim Braithwaite for Department of the Army authorization and a State Water Quality Certification to construct a 100 square foot gazebo and associated upland development at the Duck Waterfront Shops, adjacent to the Currituck Sound, in Duck, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or RECEIVE® APR 2 7 2021 MP SECTION MHD maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 12. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the Permittee must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Copies Furnished: Mr. Rick Trone North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency Sincerely, Josh Pelletier Regulatory Project Manager RECEIVED APR 2 7 2021 MP SECTION MHO 61 Forsyth Street, SW Atlanta, Georgia 30303 Ron Renaldi, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management RECEIVE® APR 2 7 2021 ®SIP SECTION MHD ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director Allis Holdings, LLC ATTN: Mr. Jim Braithwaite 135 Bayberry Trail Southern Shores, North Carolina 27949 NORTH CAROLINA EnvironmentalQuatity April 30, 2021 DWR Project # 2016-0748 v2 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 1240 Duck Road, Duck NC - Install a Gazebo over water for commercial use Dear Mr. Braithwaite: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on January 12, 2021 with additional information received on February 19, 2021. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Approved Amount Approved Plan location/ (units) (units) Reference Permanent Temporary Attached Waters OW1- gazebo 0.01 acres 0 acres Plan Sheet 1 and 2 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s)4175. [15A NCAC 02B.0507(c)] RECEIVED MAY 3 2021 North Carolina Department of Environmental Quality I Division of Water Resources ®� J� Washington Regional Office 1 943 Washington Square Mall I Wasl�t�i t 1N873tii 2lim L�9 pip a ^D Wam-o.�a� /'� 2SZ946.6481 w.Y1L� 9 9C7 I'pj 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive velocities through the protected stream buffers and will not re -concentrate before discharging into the stream as identified within 15A NCAC 02B .0714(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 0213.0714(a)(1)(2). 4. No Waste, Spoil. Solids. or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Buffer Authorization Application. All forestry operations activities shall be performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .05021. Continuing Compliance S. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 0213.0200 (3)(0] 6. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 7. This approval and their conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http1/www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). MAY 3 2021 -t� North Carolina Department of Environmental Quality I Divis'o�n� off Water pReos-o�gl��e��q � _ J Washington Regional Offlcel943 Washington Square t.(�211�y gWaspygtoRl.NodthT:9riil(n�2789tye� pH � 'UP nxn n � -- -'�� 252.946.6481 The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chris Pullinger at 252-948-3918 or chris. up llingerOncdenr.eov if you have any questions or concerns. Sincerely, David May, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Jim Braithwaite, Allis Holdings, LLC (via e-mail: ibPallisholdings.com) Doug Dorman (via e-mail: dougdaec@gmail.com) Raleigh Bland, USACE Washington Regulatory Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Robert Corbett, DCM Elizabeth City (via e-mail) Laserfiche/DWR file copy MAY 3 2021 P SECTION VIHD D E �� North Carolina Department of Environmental Quality 1 Division of Water Resources le: 11;Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 Maw �� 252.946.6481 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Allis Holdings, LLC 2. LOCATION OF PROJECT SITE: The Waterfront Shops located at 1240 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. Latitude: 36.1709910 N Longitude:-75.7571180 W 3. INVESTIGATION TYPE: CAMA / Dredge R Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 11-16-2020 / 12-30-2020 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 12/21/220 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Duck, NC CAMA Core Land Use Plan Land Classification from LUP - Commercial, Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW) and Coastal Wetlands (CW) (C) Water Dependent: Yes (D) Intended Use: Commercial/public use (E) Wastewater Treatment: Existing - Septic Planned — n/a (F) Type of Structures: Existing - Boardwalk, multiple buildings/shops, paved parking areas, pier, platform, tie piles, Planned — Gazebo over water, riprap for shoreline stabilization and wetland protection. (G) Estimated Annual Rate of Erosion: n/a Source — n/a 7. HABITAT DESCRIPTION: [AREA, square feet (ftz)] r: _a (A) High Ground ES AEC 2,700 ft' (FilUSod) onaucu 1,840 ft' Sh_oreline Stabilization (B) Open Water EW and PTA AEC 100 ft' (Gazebo) (C) Shallow Bottom EW and PTA AEC 7,360 ft' (Shoreline Stabilization) 1,920 ft' Ri ra Revetment (D) Total Area Disturbed: 13,920 ftz (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant proposes to install riprap to support an existing aging bulkhead, create a riprap revetment for wetland protection, fill 2,700 ft' of high ground, and install a Gazebo over water for commercial use. Allis Holdings, LLC Field Investigation Report Page 2 Project Setting The site of the proposed development is located at The Waterfront Shops at 1240 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. The property is ±6 acres in size and has ±1,400' of shoreline. Approximately 900' of this shoreline has been stabilized by a wooden bulkhead located landward of coastal wetland fringes, with the remaining shoreline bordering coastal wetlands and USACE 404-Wetlands. Coastal wetland plant species found within these areas include black needlerush (Juncus reomerianus), giant cordgrass (Spartina cynosuroides), smooth cordgrass (Spartina alfemiflora), and cattails (Typha spp.). Eight commercial structures exist within the shoreline area and are currently used for retail, office, and restaurant space. Septic and parking areas are located landward of the structures. A wooden boardwalk exists along the bulkheaded shoreline providing pedestrian access to all commercial structures as well as the parking areas. This boardwalk varies in width and in some places cantilevers ±4' waterward of the bulkhead and is elevated >_7' above NWL. It is not possible for boats to dock along the boardwalk due to its height and shallow water depths. In addition to the boardwalk the property contains a 180' x 6' pier with a 40' x 6' platform and seven tie pilings creating 6 wetslips. The applicant has indicated the combined shading of the pier, platform, and boardwalk waterward of the bulkhead totals 1,675 sf2. Within the southern area of the property, the Town of Duck's public docking facility and boardwalk ties into the Waterfront Shops boardwalk. The docking facility is 126' in length and provides four slips. It should be noted that the Town's boardwalk and docking facility are constructed within a deeded easement to the Town of Duck and is not associated with the property. The adjacent property to the north is a developed commercial property that contains a large building and paved parking areas. The adjacent property to the south is owned by Dare County and is the location of a municipal water tower. Piers of varying lengths, the greatest of which is ±280', can be found along the shoreline north and south of the project site. The waters of the Currituck Sound are classified as SC by the Environmental Management Commission and are not open to shellfish taking. Water depths within the Currituck Sound at the project location range from ± 0.5' to ± 3.5' below NWL and the bottom substrate is made up of fine sands. There is approximately 3.5 to 4 miles of open water to the west of the site. A Submerged Aquatic Vegetation (SAV) survey was conducted on September 9, 2020 by Atlantic Environmental Consultants. This survey indicated that SAV, as defined by the North Carolina Division of Marine Fisheries, was found growing within the project(arwED This survey is attached to the application. Development Proposal DEC 12 2020 DCM-MHD CITY The applicant proposes to install 920 linear feet of riprap immediately adjacent to the existing aging bulkhead to aid in its support. This riprap will be located a maximum distance of 10' waterward of NWL and will average 8'. This riprap will be extended up over the bulkhead cap and extend 2ft into the high ground area landward of the existing bulkhead. Allis Holdings, LLC Field Investigation Report Page 3 In addition to the shoreline stabilization, the applicant proposes to fill 2,700 ft2 of high ground area on the north side of the property immediately adjacent to the existing bulkhead. Upon completion of the added fill the area is to be covered in sod. In attempt to protect two large areas of emergent Coastal Wetlands located at the north end of the property, the applicant proposes to construct two separate rock revetments. Combined, these revetments will total 320 linear feet in length and be placed immediately adjacent to existing coastal wetlands. The revetment will extend 6' waterward of the Coastal Wetlands and will be have a height of 6" above the wetland substrate. This will result in the filling of 960 ft2 of Submerged Aquatic Vegetation. The first revetment will be located on the southern side of the existing docking facility and will be 100' in length. This revetment will surround the western and southern sides of the coastal wetland area. This revetment will start approximately 10' waterward of NWL and the majority of the revetment will parallel the exiting bulkhead. The second revetment will be located on the north side of the existing docking facility. This revetment will be 220' in length beginning at NWL corralling the coastal wetlands area. The revetment will end at NWL 15' from the northern property line. The southern section of this revetment will be located under the existing docking facility approximately 5' from the first revetment. Both revetments will be constructed using small barges which will carry the rock riprap to the proposed locations limiting bottom disturbance. Lastly, the applicant proposes a 10'x10' gazebo off of the existing boardwalk completely over water. This gazebo is intended for commercial use. As proposed, the boardwalk, gazebo, and docking facility will shade a total of 1,775 ftZ of open water within the EW and PTA AEC. Anticipated Impacts • The proposed gazebo will result in the shading of approximately 100 ft2 of the PTA and EW AECs. • The added fill / sod will result in the fill of 2,700 ft2 of the ES AEC. • The revetments for wetland protection will result in the fill of 1,920 ft2 of the PTA and EW AECs, and the fill of 960 ft2 of SAV. • The riprap for shoreline stabilization will result in the fill of 7,360 ft2 PTA and EW AEC and 1,840 ft2 of the ES AEC. Submitted by: Robert Corbett Date: January 8, 2021 RECEIVED DEC 12 2020 DCWi-MHD CITY PROJECT NARRATIVE MAJOR PERMIT Water Front Shops Revised November 19, 2020 LOCATION OF PROJECT: The subject property is located at 1240 Duck Road, Duck adjacent to the Currituck Sound in Dare County, North Carolina - PROJECT DESCRIPTION: The subject property is comprised of retail stores, restaurants and associated parking area. This major permit application is for the placement of 920 linear feet of rock rip -rap along the southwest and west facing shorelines to protect the existing bulkhead and property from the southwest and northwest wind exposure. The project will also include the proposed construction of 320 linear feet of rock revetment in several locations to help protect the remaining coastal wetlands. In addition, a 1 Oft x 1 Oft gazebo is being proposed on the west side of the existing boardwalk over open water. The owners are also proposing to construct two 10' x 18' shade pergolas on the west side of two retail buildings. The proposed open wooden structures will provide shade on the west side of the buildings and have no impervious surface area associated with them. DETAILS FOR PROJECT: The proposed rock rip -rap and rock revetment will be constructed using small barges that will carry the rock rip -rap to the proposed location without bottom disturbance. The barges will be loaded from the parking lot in between two buildings near the project location with a crane. This same process was used to construct the existing Town of Duck docking facility and portions of the existing boardwalk. On the west side of the Blue Point Restaurant 2,700 square feet of backfill is proposed landward of the proposed rock rip -rap and existing bulkhead. Upon completion of the land disturbing activities sod will be planted in the affected areas. The proposed gazebo pilings will be installed hydraulically and the remaining structure will be constructed by conventional framing and will meet all local building code requirements. Proposed impacts within Public Trust Waters: Gazebo ................................................. 100 square feet Rock revetments...................................................320 linear feet Rock rip-rap......................................................920 linear feet Shading Over Public Trust Waters: Existing wood structures............................................1,675 square feet Proposed 10'x10' gazebo ........................................ 100 square feet Total = 1,775 square feet gr_MNED DEC 12 2020 DCt _J4jVAf) CIV SUBMERGED AQUATIC VEGETATION (SAV) ANALYSIS: Atlantic Environmental Consultants (AEC) staff evaluated the project area for the presence of submerged aquatic vegetation (SAV) within the area of the proposed rock sills. The following are sampling procedures and results: • 11 one meter sample points were taken (see sheet 2 of 3 for locations). • SAV sampling work took place on September 9, 2020 at 10 am. • Water depths range from 0.5" to 2.5' (see site plan for more details). • Water temperature was 84 degrees and salinity range was 3-3.5 PPT. Submerged Aquatic Vegetation Sample Results Bottom TRWater SAV DensitySandAbsent T SandSparse SandSparse SandAbsent Sand 2.0' Sparse 6 Sand 1.2' Moderate 7 Sand 2.2' Moderate 8 Sand 1.2' Dense 9 Sand 1.0' Moderate 10 Sand 1.0' Moderate 11 Sand 1.0' Dense The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED DEC 12 2020 DCM-KAHD CITY V/A� VA I 1T , - I Aw Of 4 77� i I �EC EjvEo 0 Cb Corbett, Robert W From: Doug Dorman <dougdaec@gmail.com> Sent: Thursday, November 19, 2020 8:57 AM To: Corbett, Robert W Subject: [External] Fwd: Pre -Filing Time Clock has been reached for Duck Water Front Shops - 20201453 Ver 1 Attachments: DWR Pre -Filing Meeting Request Form.pdf Robert, Here is a copy of the DWR Pre -Filing Meeting Request and response from DWR. Do you have time to go over your comments on the Water Front Shoppes7 You can call me anytime. Thanks, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell ---------- Forwarded message --------- From: <laserficheCa ncdenr.¢ov> Date: Thu, 12 Nov 2020 at 00:00 Subject: Pre -Filing Time Clock has been reached for Duck To: <dougdaec(cr)gmail com> Cc: <robert.tankard@ncdenr gov> Water Front Shops - 20201453 Ver 1 The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Duck Water Front Shops that you submitted on 10/12/2020. The ID number for that project is 20201453, Version 1. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, RECEIVED responses are not monitored. DEC 12 2020 CITY ID#a 20201453 Versions 1 Regional Office a Washington Regional Office - (252) 946-6481 Reviewer Usti Robert Tankard Pre -Filing Meeting Request submitted 1011212020 Contact Nance" Doug Dorman Contact Email Address Project Nam* Project Owner * Project County" Owner Address: dougdaec@gmaii.com Duck Water Front Shops Jim Braithwaite Dare Street Address PO Box 2499 Address lire 2 Oy, Kitty Hawk Postal i Zip exile 27949 Is this a transportation project?* r Yes t- No stow I Raehce I fkvm NC Cu wy USA Type(s) of approval sought from the DWR: W 401 Water Quality Certification- f 401 Water Quality Cerfificafion- Regular Express r Individual Permit I- Modification W Shoreline Stabilization Does this project have an existing project ID#?* c Yes r No Do you know the name of the staff member you would like to request a meeting with? Chris Pullinger Please give a brief project description below." The owners are proposing 800 linear feet of rip -rap water -ward of the existing wood bulkhead and 580 linear feet of rock revetment water -ward of the existing coastal wetlands. We are also proposing a 10'x10' gaa;bo RECEIVED DEC 12 2020 DCm-MHD CITY Please give a couple of dates you are available for a meeting. 11/9/2020 11116/2020 11/18/2020 Please attach the documentation you would like to have the meeting about. WFS CAMA MPJ SH1.pdf 281.13KB WFS CAMA MAJ SFQ.pdf 38425KB err ay By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meet rig request. • I also understand that DWR is not required to respond or grarR the meetirg request. Your projects thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature ,Y./G!!f/ �y/PtNtllN Submittal Date 10112/2020 RECEIVED DEC 12 2020 t; t,n ill eD CITY Nov 0 6 Date 10/29/2020 AGENT AUTHORIZATION FORM UCM-EC Name of Property Owner Applying for Permit: Allis Holdings, LLC—Jim Braithwaite Mailing Address: PO Box 2499 Kitty Hak, NC 27949 1 certify that I have authorized (agent) Atlantic Environmental Consultants, LLC to act on my behalf, for the purpose of applying for and obtaining all Permits necessary to Construct shoreline stabilization, gazebo, and shade pergolas at (my property located at) 1240 Duck Road Duck NC 27949 This certification is valid thru (date) 10/29/21 Owner Signature Date RECEIVED DEC 12 2020 P:'"r< IRid-hlddR CITY Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, May 3, 2021 10:00 AM To: peebles@outerbankslaw.com Subject: Allis Holdings CAMA Permit issuance Attachments: 54-21 Allis Holdings LLC.pdf Morning, Per your written request dated 11/25/20 1 have attached above a copy of the CAMA permit No. 54-21 issued to Allis Holdings LLC on 5/3/21 for the referenced development. On 2/19/21 1 provided you revised workplans after consultation with numerous resource agencies. If you have any questions please let me know. Regards, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 80B 28M ext 215 (Office) Gregg.@dnaren f4enr.aov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third ponies. Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, February 19, 2021 9:47 AM To: peebles@outerbankslaw.com Cc: Corbett, Robert W Subject: Update to CAMA Application for Allis Holdings LLC Attachments: WFS CAMA MAJ SH1 2.18.21.pdf, WFS CAMA MAJ SH2 2.18.21.pdf Morning, Per your written request dated 11/25/201 have attached revised workplans for the above mentioned project. After coordination with NC Division of Marine Fisheries and NC Wildlife Resources Commission the rip rap shoreline protection portion of the proposed project has been removed by the agent. Currently the project proposal, as revised, consists of the gazebo, pergolas and upland filled located behind the existing bulkhead. The above workplans replace Sheets 1 ands 2 of 3. The project was accepted as complete on 12/21/20 and at this time there is no timetable for a final decision. Regards, Gregg Bodnar -OF REQ tif::ia6i%r�.q� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 808 2808 ext 21S (OfRce) Gregg,BodnaC@node"-r.ggv Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. RIfGP Rose Harrison Gilreath & Powers, P.C. Attorneys and Counselors at Law Dennis C. Rose Also Licensed in Virginia DRC Certified Superior Court Mediator dennis@outerbankslaw.com James R. Gilreath, Jr. Also Licensed in South Carolina lim@oumrbankslaw.com November 25, 2020 M. Peebles Harrison Also licensed in Virginia peebles@outerbankslaw.com David B. Powers david@outeibankslaw.com RecEind Nov I ) Ina North Carolina Division of Coastal Management DCM-EC Attn: Mr. Robert Corbett, Field Representative 401 S. Griffin Street - Suite 300 Elizabeth City, North Carolina 279o9 Re: Allis Holdings, LLC - CAMA Major Development permitApplication Dear Mr. Corbett: This firm represents Phantom Enterprises. By letter dated October 29, zo2o, our client was advised of the CAMA Major Development Permit application made on behalf of Allis Holdings, LLC by Atlantic Environmental Consultants, LLC. It is our understanding that the information our client has received to date will be modified in order to reflect the current conditions more accurately at the site and the anticipated request for improvements. We are contacting you to request that Phantom Enterprises be notified upon receipt of a complete application and of any agency comment(s) made during the processing of the application pursuant to i5A NCAC o7J .0204(5)(A) and i5A NCAC 075.02o6. The purpose of these notifications is to ascertain when the Division of Coastal Management has received a complete application and thus when comments must be submitted regarding the application. This request is also intended to inform Phantom Enterprises regarding agency comments, potential revisions to the application, and any recommendations or requirements to mitigate adverse impacts. This request is not to register an objection to the current application. Rather, Phantom Enterprises and its consultants want the opportunity to fully review the application, any modifications, or amendments thereto, any agency comments, and mitigation requirements, so we can then advise Phantom Enterprises of potential impacts to their property. This request will also ensure that Phantom Enterprises can comment in a timely fashion to the application and subsequent modifications to the proposal. Rose Harrison Gilreath & Powers, P.C. RECEIVED DEC 12 2020 PO Box 405 Kill Devil Hills, North Carolina 27948 _ 1 fir) CITY w. Telephone 252-480-1414 Facsimile 252-480-1765 wwouterbankslaw.com Dry North Carolina Division of Coastal Management Attn: Mr. Robert Corbett, Field Representative November 25, 2020 Page 2 Thank you for your time and attention to this matter. Very truly yours, M. Peebles Harrison MPH/jfk cc: Mr. Tom Stewart (via email only) Rose Harrison Gilreath & Powers, P.C. PO Box 405 Kill Devil Hills, North Carolina 27948 Telephone 252-480-1414 Facsimile 252-480-1765 www.outerbankslaw.com Receivcd 8 ) 2WT DCM-EC ;DECEIVED DEC 12 2020 (ICNJ-MHD CITY • Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. I. Article Addressed to: P/v�roM �vr�A�s�s Po go�c 308 sTdL�N, r'� �S6y6-o� �I��I�I'I��II����III IIIIIII�I'lII ��II�IIII��II 9590 9402 6189 0220 6957 16 '019 2280 0001 1952 9800 as Form 3811, Jury 2020 PSN7MO-024000-11M Complete Items 1, 2, and 3. 1 Print your name and address on the reverse so that we can return the card to you. It Attach this card to the beck of the maiiplece, or on the front If space permits. I. Article Addressed to: (6oseyy cx ze-. P o Qolv /aoa M,9A9vo, Alc_ iR7'f.S4, 9590 9402 6189 0220 6957 23 ❑ Agent D. Is delivery address dri Brent from Mara 11 ❑ Yea If YES, enter delivery address below. ❑ No Received DEL 21 2C:0 Adult SI nmu • e" J Y ❑ Prbray Mail Eltpraea® ] AyO tl SgnM ./AN eU ❑ q� atered Mao flastrlated a'Certlead Mall® Delivery Certified Mall RvArlcteo oat" ❑ SgnaUse Ca clrl- ] Collect on Delivery ❑ Signature confirmation 7 Collect on Deivery gesldcted Deliey RasMcted Deivery ] Inured Mall 7 Insured Mail Restdcted Delivery _(war 55o% Domestic Return Reosipt A. ❑ Agent d.IRecle �aC by lP fir! tad ryyae) I C� QIli- ekvary ly � � ifn"n1 lOted `� I r �w D. Is delivery acjmsa different from Item 17 ❑ Yee If YES, enter delivery address below: ❑ No ec :ideal D''EC 2120 service Adult Sientina Type, t—n ❑❑ F d Mail a MaIE>, ® Adult 5lgneturB t l 'dry Certlflod MeY® '� ❑ DRpeepplet and Ma Raslrkted OeMery certified Man Restricted Delivery DSIgnNreCantkmatton— Cd!eet on Delver ❑ Signature Conf mallon I. .Article Number 6om aervke & O Collect an Delivery Restricted De&" RavWcted Delivery Iaei 7020 0090 0001 4227 7274—1L]mread wad Mao Restricted Delivery aS Form 3811, July 2020 PSN 753D-M-OO M Doma llc Return Receipt kl_'%;L- W/ED DEC 12 2020 DCM-MHD CITY IN * Dan Id. 1284M 0 0�. ^ kbrte Abw2hk llae lv kemNky Bfd [lomo of Duck Boardwalk Ru;a'r) aa1(Llaatiao With Lansing Boanlwalk Snr cmos) P*vaal M..erm.n CCw`l` Rw4t. �vr ttaref µtwos, PI)kA Ni(17! Fka,W Bm)m Nyy dotl. NC 2" d. Gcr T.�' �0 I.TN. l: OUR_ppp_ TraaPor iaa: SdR � LiNomber �''�g� NORTHCAROLINA 1' DARE COUNTY n THIS EASEMENT AGREEMEI Sapseaor_2009 byandamong Allis whose mailing addraa is PO BOA 1514, t Duck Noah Caroling a Nash Carolwa, Town"; made and conned into as; of the 0 eb day of sign. LLC., a ViMmia limited liability mmpany, If Beach, VA 23951, "Grantor and The Town of DIJ mqw-lion, PO Box 8369. Dock. NC 27949, WHEREAS, Como, Wine the owo,t z) oFcenY Arca'7;and located in Dare County, Noah WHEREAS, (be Town is dacloping plans for a mom boardwalk along, across and adcen pl to theCmaimek Sound, tar nsreauonal, pedetuiana sabmed puHk purposa,apassion of which is to be located to use Eucmcnt Area; and O WHEREAS, Gmnoa desires to giant m the Town a perpeft4qublie easement over Iba Falement Am for use uses and purposes act foM hu<in. BSMMa a; Isla P m Pa. 1 .e f a/fi/K 9:16 An �9 R+NYS N�IWh�i#1i1 N�4, Y41 WRIW usi N'1 NBI C d Book 1812 Page 299d061 0ws^ DvLF S ao�r2La,�lk e�,� �a..,f o r QPPI•��^t s RECEIVED DEC 12 2020 DCM-MHD CITY �l NOW, THEREFORE, for and in coasideraion of the pmmiwa and the sons of One Dollar O(51.00) to it in head paid, the moeipt of which is hem -by acknowledged, Gaamor hereby give and to the Town t nwaxaidcavye pnpewal and pesrmoerit pubho ueo and casement ova the qIkeement Arts, for me wmtrncuon, nmtmmcanoe and pub& use of a manidpal bomdwak all as Town t wk wet and expme, subject m anothl hrdget appaopnmimw ec amendments damen b &Town Council of the Town. including but nor limited to the right to maintain and make t 1. the bank and bud of the Cmntuck Sound. The eaCrnesl rights bersin conveyed iaclu a tnnexclusi.e easeoam io all right and weema ts of Grantor in sod to (1) the Easement Area, orluding beat out 11floW to surface, subsurface, riparian and air rights, and (2) any other os.tcm heated on pmpatyofadpildngploperty owrvs and coevcyed m theTwn by such edjoiniesaw owns as pat of the municipal boudwalk pmjea, including but tar limited m surfac. a ae. Upon. and art right. TO HA TO HOLD the afomaaid rights, pivikgm, and easement unto the Tow, its amen eem 'gm, fa the Purposm set forth herein. GRANTOR WMIT, TOWN, for thevvelves and dncir heirs, wcceswrs and wsigne, funlna memo as follow.. I. p4ddUI C tMunicitvl publicfimrdwalk_'fhe TownsMghave dte right but not: the obRtpitz, m coo t maintain. n .ate, reminat. moun.uct upand (within due paseulent Arm), raanrai, �n rr.me Ua municipal hoardwalk and mimed toulaovemeat cont.nplated and aurbmmd of Lascvr n Ag.snral, all in the Town'v We and absolute dousicion. If constructed, de m j' ilbossdwNk nod rtlatN itrWmvnnarts will he commanded maccudancewirb theplansanda timsupmvidalbythe Tower'sragimaa.dar'chitech. 2 Tow�,� MU t with GRAWeS E.. oroveeena The Faemrn[ Area inchunks eta teng improvements lmemmi need fntprovement') owned and immuitrd by Grantor such a bomdwelkktd sidewallo. Gr.rar hereby grants to the Town the pmpemal right and ranxeta to inboroc, csa the Town's municipal bomdwdk with Gr.wt's maemtmmzred lrnpvverttva. Gusommucall0ercmnecadlmpov®tmsamivtamnzledwnit the Town's municipal boardwalk,Gramora Gewor. mtemoouecmd bopeoveumnt vhall heapeAa .obanuadfnrusebythepubI ythe Townin pnpemitympatofdr Town: munieipalboadwalk. Gamur.slmll nut ucltde k.gb rs o fthepub1 m the Townfmmuvng the Granters fecneconected Improvements as pactunicipal boaNwalk NotwidManding the foregoing, however, Oramor shall have tie rightcsr n canlude a member of the PuMic who u dis.ptive, dartgaous, a what is otherwise ig with the enjoymcm of the boardwalk and/or Ctanon's but mew, and Cnannm man the contact Towns law cnfumatent fa assistance to mnave such a petwn ham the premises. Gn war sawn malmun the Granms Inemonrreaed Impomwevs in good aM sde condition m dl nes for. long a the municipal boardwalk is imerwnnacbd m the Gramm, InterconnectedLt��'tov.rnes. Gtmor shall amain Solely liable madresponvWc for all aspects of the GrenaYS mterclpacred bnpovmoema, including but rid betted w the upkeep, maan.ame, tspsr, ttplaament liibi iry msmmoce, property, ham. andallcwlseancimed with the same. To Umfolkvteatnap-mU law, Garim,aldidefnotd itdermtifYand hold hmmkss dc'1'own. from and againstall deices, Naands,loss and damage by Grants.aMGhntofs heirs, wccassoh and assigns, rasing out afar m gg M to invremmetwo aanaM.i a nla P: M aape a nor • 9,M,aa n sa an IMrA itFJdIA1tVFa'hPi,f+6LNMMWm.A-iav O 0 8wk 1912 Page n94002 RECEIVED DEC 12 2020 i 0CM-MM) CITY Go(Gtunolafatetmmrzctrd lmprovercnts wtithdw Towal6oardwelk.providMwch elaimada not /O ,,salt bona the rxa. negligence Ofanllfhl misconduct of the Town, its nra®nn o, anigna. tfi 3. gadenCoA=,tiro Mm thc"m the IPAhim Ais rearouy a thatthe legelernenpuon of the Piaerrrnt Arm ob rmanlhe evaebed P.ahibh Aia Ptelmumy at asprefared bylhe Tavmfor the purp,ae ofapplyingfapetmits and tpp0vals moombna the muV,W boardwalk. TU Putia udetmrtd um ay{ts Ihm Sher any approval and ismrue of pemutPnd apIagavah foe the ONAhuction of ON municipal boardwalk. and after the nemssry, survey ryryengu¢amg work fortl-mwicPel boaddwalk her been completed, modifications aadlor danficatlo�of the (.gal Oexviptloo ad dw Eaaaren, Arca might be navaury. Gamer agrva m cooper Furb� the Town by aigwng end dchwring ra the Town any �euwuble amrrMmenr m tbis Etvmnaui APA—t to effegpate anymch non,mbmmial rnutbficalion andlorclarificadoa oft(b mtl:ascmrn6. Tbe7'own shall bavetne right to gruteatctncnts or dghaaaf-way Iho[sesesneptAaaf«aubWa, pubuea�a.ad nee ugbn hxidanlmihe tux of the E nmt , Or other public puryases ewnistaas with the prinnry p"p eca sci farm above. S. khPL[Ms Ri r F Ciao,,,, for it,.If or Wcrosclvcs m, dui. mcoute n and arigm, the rim, m gam .asemm farm, or dghrrof-way for uttlngmuvd utilities within the Etaentem fro dsc benefit of the Grueora imd Wlacent m the Foam,,, Arta. at such locations and in s InT ea may be approved by the T'awn an the eaaeix of the Tower's rcasotable Msaeti0n, each wsementsdonot in0ufue with Waage oftheEsserama amu as set Woh herein and Pmvi .rwnr repairs my dmaW m the Easement rut reeainng from the irupi nmiun of such awns 6. g Im ^dam"LSad- Town shall have the sale right to pmmalPm mb, and regWeuaac fur the rcwaauble use of the k4doent Arca by the public, provided the Easement Ares is usrd fro the pmpnses mmd hn.m. 7. N G mmemial Pd ere Use. Qmorrknawledgmudagmotbm Gmnlarrball not as. my pytion of She Easaoent Aura fmpdvQ caamoemiel m businessme,.Mehl, any way ffiWOR a with the public use of the municipal a114 whemri ,luting or outside uy rtgalu operating boors ofthe municipal boardwalk that car mnblbhetlbythe Town,ineludt0g broom ganged to tebks, chain, cmd ands, aigru, or social aineaa functions. The Town mail have the fight m fanbca ,guIM, ell mpee, of use of the At. as provided herein. If rcasanable access by the Town[, fir Euenten[Arnis otherwise unavailable,Gnmarf (panU to the Towntesamuble access hero bore m came b do Easenxm Ales over any rzmi mndguoos poperty,wrt.J by Graamrforth. purpose ofFdcwIgpirtg, cumtrvetiag, teconsauc ¢placing andmai taurung the municipal boardwalk looted or m be betted within Ne Euemen a (but our for access by the genetal public)for the imposes set froth hvcin; pmwded, the Tow. (tall la)m the extent passible. utilize existing roads for such purposes. (b) repMr my damage route am such rccem. and (c) ��. � 1a1 �'4 a Q Book 1812 Page 200 003 RECEIVED DEC 12 2020 j DCM-MFID CITY' upon rtgomt ofpramor eu ate a supplemental imvumcvl deliastinA an appmpnam aaoa rook O to providedr agreed aaeu. 9. MatnlcuauacfF-mmemAnrt The Town stud) be respoosible. m iu cxpc fa amining the Eaterrwat Mm in acmdance with the prrpon act forth horem. itrcla0y on anti malometvice of the boardwalk removal of oaah, aane and liner, aw dram b can vudaium sndateraimcv wrhia the 6nttmevt Area Grantor shall have the right. batect the GVeient toeater the larcenant Arm to remove lint, old beautify same in lheeveal the To" fail, "T"ifoam such f [ions in a rtasonable manner, subject to appmval by the Town, which approval w'If not be wueovnably withheld. 10. nb 10 the follce extent permitted by law, the Town stall MfW,i and hold hmsnles�C.ranor, and Cmnrnrahein, mcccnortaod amigva, hunt antl againr an deasvme, lost am dam age, wlwaho caused by the Tuwu or by third pe,.. arising not of a g m ore of the paamtem Arm by the public, peovided arch chin. M nor result farm the ,afghgerae. willful miscooduert of Gant. or Grantors lairs, suocerars or assigns. �[ 11. aaaYYNiaplAaallpar�gy. Gravt.sctaim fa simpleowrspshipNthe tltleb[he Faseruenr Ames. subjemm G_� grwrtcd m nc� 1 nwn henir� fa tlwryaific purpoacofJbwng the I" burdenc burdened by the = m be iveludrd m the calwlJion of ex fag demity for building unpuvemeras perm on Goal laud abuniog the Easement Area, as arch dmityrruy, fr allowed u iewa torten. fu ,�i iug oNinarm. 12. a I d e. Manor make, an represenutiona or wamnlim wluts.ve, whether exptw or nd with reaper[ b the coodi0on of m tint to that Pastrcm Area, Much property dse Town Agrees paexpt, AS IS, in na portion, legal and physical condition. 13. V4LnlECs R-PM1 am"jk?bWnc m Pe, t pi . Subjm[ to pemils and apprav:ala required from bd. State and/or Federal age m, Grew for inert orthemtves aeand hei, aur:cm.s and aagser ns, reves the right t[1o.lmct, maintaiu, renovam and rce.Lrl, at Gramort fok cost aid expense, a public. priaa"t pia from Gnntds otbu property adjoining the Easmnem Area. eonre:tiag to the Townss hoaN 14, and eateuding bcyend the Towns l o i dwalk intothe Clmivsdr Sound, for the benefit ofdto ,lath adjrentm : Easevevt Arm, err such lecmo is and in sodr m utter a my be typo the Town io the Caere,Iso of the Townss reasonable divroon, provided such public . prises kr Men out intraf= with the use of the Emmintent Ama a am forth brnein, and providrd Gran �Wahs any damage in ik Fasemenr Arm resdring from the eonourne" , maintenance, rcnovrnon, tecouauction and ur of such pubic or privmclnr _ Theinhrc0nnetionofCWAn1,rs publicor private pier with the Townes boardwalk shall be struch Telly inde; .nMm from rk Tnwn'q pier. such the an} f flue, or lack of structural integrity of Grews Public or private pace dealt WE apes the awewaa grity M tiro Taw,i s bwdwalk. IJ kcmx, the Town shall Comma. and ou,nl.. the Town'c boat�alk . that it will de stmctnrally independent hem any public err privee pier e.m ucied, ow.d oQ uamined by Citation, To the fullestextent pemsined by law. Gmnt.shall defend, indemnify �"�� Imrmlcss do, Town, from end agnm all thetas, demands, lass and damage by Grantor, and Gfarui hei s,'.. and assigns, witing out of or Muting to the ivmrconsrectwn of Grantors" pier with the Townes Y" aaaOa] Ylp, tall P: m Paaa 1 a 9 9/ralaa a-N tar y �IRIfl411lIiIfMSInd'�l,p�{ 11INIYdMId 1'JtIM1I Y� O 0,49 1912 Pape 2094004 RECEIVED DEC 12 2020 DCM-MHD CITY `i` hoaedwalk,pmvidrdawL c4ims do not result(mmthexM, negligrnceorwilllul nuscoMuttoftk � Tor n 1 1 b19. . more -aht m Lind A Pi m pier. With regard many pnvxe pitr by GraZ.ia(ing. t e date of this Emsenem Ar oaneoe or, any pdvate pier mtrsmrced "-imo theEsat=nlAma purauantmrhe tertnseMmrditirmsofWsEasemattAgrecmenr, Gra"t (m iteelf or demselves and their sucussms and migoa reserves the nght to imtdl arW maim*, et Gmnar s sale Mt and expense, a lucked gale as the 'Marietta m lM Tows.-hoardwalk which ;motet so Grantor's Puvam Pier the Towels boardwalk within the Paaernan[Area, sea way ro demrm ofthe'1'own's boardw-Ikfipm amesafogGremoYspdvaepim. The Pertirsurtlnswid end agate Iheaismoce aferch bck-dgsLeashail -widyasadetmcrcemmunbenofthe Publicfmm eiog wm Greemfaptiva[e pier,and-uch locked gpWshdl benogttaramathat 6mb b, d III ner occur. 15.Ery provision of his Agreement u IoteMrd to be uvrnde. If any ermcr mvision Si*is pr ilkpal anvatid ifo[sny[annon wharocvcr, smh or ilicleiinvalidi[y stall not affect the n�h of the re n wider of this Agmemem. 16 S.itCrw Iathe—ither Party -ball iotuote an acfi.. an f. the provisions of Ws Agreemem, the parry����pr�eeeva0ieg in red actim, wbe&., by adiodicrton, armtradm, or salti—L-bell be anitled eaverwdI cow.ircfuding --ma aamoc)" rm, from the otbc party O 17. Andlnbl.JAW. 7bfaApeeauent shall M mns,e,st ned fn,,ptetad a,,n rshc laws ofthe SweofMG Noreura ���C``�,�, Ig. pa 'a.'tLir Agrenst�ahall Ce hivding r�on and irwem Mcbrncfit o/the prtiev hreto and[ha'vteapacUve kin, apo-cs-{Ig-aM aWgos. Aa Osedho so.wsrlarri ingplaraedods the plural and the en scWine tmlades the �rhinine and nemcr genders, as appropriate. 19. N06We. Notices hrmuncim$116 be effective and dtucsl given whm depwied in de United States Mad-, postege prepaid, ragisQd ar cc ffitd mail with Lamm taxipt mgneatad. A lternafively. Iba posy ouY ux • nationally ud avamigbt delivery savks. Noum shall be eddrased march party a[thc mailing addreu nan pggelof Ws Faxtuent Agrcerrentor, in the eras of the GrsalmmGranmrt heirs, aucm oraalgna,tMhlllingaddressfmmctlwn- owner of frreMt'a P OPmy as drown in the fare Co tea records. Any party may d"r the address to which sucb notices are to he addressed by "g each other pwy notice in the manna Mein an, forth. 20. Noo-waiver. Thew-iverbyeidter Partyka o�ossf_e�brrmhofaoyprovilwaofthis Agraer enr shill om operamorbetona0ued-a waiverofanysw bmach of[he samnorany otherpon-mon otW t Agrxmem. .� O 21. Cn�nOw, This Agreement may be executed in Nkormare couowprts, esch ofwhichshelf be deamM an original, but all ofwhich logelher duller 'tonbutoneenddsesaae insmrmenf. C) -1a{Ma a: utm P: a9a Pape 9 H i 9113141 s-Sot WI -5- MFJ-p illdYMLlAU&FdWFLM4t jM111 O 0 Book iM Page 299-0ODS RECEIVED DEC 12 2M DCM-MHD CIT`! 22 flesdinn. The heading; subheadings aM caption in this AVre l and in any 0 exhibit hereto ate for refi putpoacs only and shall uasffert the meaning m iracrpremlion of Jhlx Agreemem. C `�' 23. EBUICAgrocrog,t TI is Agreemeo, cvuains the entim Apeernent between the parties t.IEV with respect m the aublccr rower hereof and aupmcdex all negodstiom, prim dhctea,, m, agm fdierdc, arringearmnta Bed msAn4aMinp, wntnm or oral, relating to theaukgecr mmw hereof. m�m5. ltis Agrrrmer¢ may mr b vnrnJcd cxacpr by wnurn instrument dulymcm!1 l by mm bdW f of W of the pmaiea hereto. 0 (signatures begin m the following pge) 4�y N� nsewaa arest o: aw ears menu vas an Q D 6nolc*uppm4m RECEIVED DEC 12 2020 DCM-MHD CITY d. 0 GRANTOR: 0 Allis Holdings, LLC, a Virgin limited U.Nhry wmp ey (%• 0 Manager STAT BP (li0{ t'lC� COUNTY/CITY OF t't' 1 osftfy thm the fnllawiog Pee on(a) penally appeuM before me Wis day, each aciuwwIcd9iGj so me the, be or she or mvomn td y signod 16� fbanoLog document for Cie purposes Wood inthenpecityiebjatrd� ja faAhw4 tc-,Mseapc of Allis Heldin ..C., a Virginia limited liability' compmy. Datc I SomtaenfN lic MMAw � vYy G 4 . Typed or printed nerve of Nomey Public My cosrmist;on expieee (AFFIX NOTARY SRA4 16 .$Is a: reiz v- MB P•e• � •r o ena/Y h1D N 7. Y' Q � Book 1812 Page 2894007 RECEIVED DEC 12 2020 DCM-MHD CITY )WN )W N OF DUCK, NORTH CAROLINA Neil MarUon, Maya NORTH CAROLINA0 DARHCOUNTY I. ,Mowry MM1licof the Cwmlyef�a ARf .andgwte aforesaid, ewtfy that Neil M permnaey caaxhe m me thla day and ackwarledgcd that he is MayorofThe7'ownof Dud. CAMhum idpal corponuan, aM thm by aud"ity duly given and n actwn the aof the To,„a foregoing inmwem Pus 9goed in iU tome by la Mayor, .1cd wish as corporate seal end aimd by Lori Rap., iU Town Clem Wiwcss my hard and offind .�Irfip of teal, This O Y day of Sal 20Q� o SiSnAvirof'Notbary, Public G �¢¢Jd JLV&t S ALO.ar",C 'ryjyd m printed natty of Mowry Public l� a�6U1"!y —i-a ,�OJ4), PUB00 ° iarwurcm... ow+a...em w^M+aaa n�.ov �� . uM tM1aq.,xmam.n. yx mr fr IIOIII1aA♦♦ IkP 1 g. axawu a utx o. a of a anva a:a m INa.an)Aftrw 1 uwW,wrsw 0Hi 0 nl) ok IR12 Pape 208-0008 RECEIVED DEC 12 2020 DCM—MHD CITY 0009 RECEIVED DEC 12 2020 DCPN-MHn ciTY Parcel Card Page 1 of 1 Parcel Number: 009812000 Print Date: 612112116 County of Dare, North Carolina "Owner and Parcel information is based on current data on file and was last updated on 6/17/2016 Owner Information: ALLIS HOLDINGS LLC 135 BAYBERRY TRL SOUTHERN SHORES NO 27949 rl Information: 1:ODD812000 PIN:985911761465 A: 21 - DUCK vision: SUBDIVISION - NONE ;Sect: LOT: BLK: SEC: Is Lots: - 3bSlide: PL: G SL: 243 Units: 0 Date: 03/12/2015 BkPg: 2007/0209 Use: MULTI -USE BUILDING USE and FEATURES build . - ----- — �.-- - -- - ing Use: RETAIL SINGLE OCCUP Exterior Walls: Full Baths: Half Baths: Type: MISCELLANEOUS USE 1240 DUCK RD Actual Year Built 19W Finished sgft for building 1: 936 Total Finished SgFt for all bidgs: Misc Bldg b: (RS1) FRAME UTILITY SHED Year Built: 1987 sqft: 128 Misc Bldg c: (WD1) WOOD DECK OR RAMP Year Built: 1987 sqft: 216 Misc Bldg d: (WD1) WOOD DECK OR RAMP Year Built: 1987 sqft: 891 Misc Bldg e: (WD1) WOOD DECK OR RAMP Year Built: 1987 sqft: 624 LND USE ----.__._ .......... _._._. nd Description : 21--Commercial Sound Front nd Description b: 21-Marsh Acreage TOTAL LAND AREA: 5.9688 acres *Values shown are Next Year Values on file as of 6/17/2016 http://www.darenc.com/public/parcelcard.asp?Parce1=009812000 Total Value: $5,710,000 ff]]CCDEC 12 2020 6721/20CITY Received Recorded 03/12/201503:55:03PM By ToR Midged ///...JUN 21 Var¢ooa McMrnan.Smfth, Register or Geer, Dare County, NC Foe Ann: $2600 NC Fxise Tac$O.00 VIC, -/CMaEC BOOK 2007 PAGE 209 (6) EXEMPT ,E CONY TAX ir, �000csee� � Ilw�ll���nl�l rl�' No. 7/&/ 5 � D _ .._. swanewe tN. Line rc, Ranrurg aam EASEMENT This instrumen red by Robert B. Hobbs, Jr., No title exam) a licensed North Carolina Attorney requested or performed Realm to HOmtha , Riley, Ellis 8 Maland, LLP, Head, NC 27959 2502 South Croatan Highway, Nags Excise Tax. $•g Transfer Tax: $-0. Tax Parcel: 0098* \ LT Number _ North Carolina, Dare County ��• THIS EASEMENT, made anda Brad into this the � day of k .2015 by and'between ALLIS HOLDINGS, L.L.G, a Vlrginto limited liability c mpany, whose mailing Tess is PO Box 1s44, Virginia Beach, VA 23451 (GreMor). and the TOWN OF D16K, NORTH CAROLINA, a North Carolina municipal corporation, PO Box 8389, Du (NC 27949 (the 'Town'). THAT Grantor, and Grantor's successors alj¢ assigns, does hereby give, grant, convey unto the Town, its successors and assigns`, a permanent and perpetual, nonexclusive right and easement to construct, install, maintain and repair public drainage collection facilities, together with the attendant customary uses, over, under and across the following described pmoarty located In VtG1Tcwn of Duck, Atlanuc Township, Dare County, North Carolina: „� 0 Beginning at a calculated point located at the interseCLINh of the southeastern comer of property now or formerly owned*, Hills Holdings, LLC, as described in instrument recorded In Book 1971,*P; 326, Dare County Registry, the northeastern comer of property now Irm>edy Page 1 of 5 �r d 0 RECEIVED DEC 12 2020 oCfA-m -) cITY Book 2007 Pace 209 owned by Dare County as described in instrument recorded in Book 485, 0 Page 720, Dare County Registry, and the western right of way line of N.C. Highway 12 (Duck Road) (60 foot right of way at this point); thence along the northern property line of Dare County, North 83 degrees 03 minutes 58 seconds West 110.00 feet to a calculated point; thence North 06 degrees 56 onds Ea 25.0 feet to a calculated O�Q1 thence South minutes83 degree03 minutes 58 0seconds East 59.55 feet to point; �falculated point; thence North 43 degrees 44 minutes 19 seconds East 40.14 feet to a calculated point; thence North 04 degrees 44 minutes 07 rids West 33.81 feet to a calculated point thence North 84 degrees was �nut" 50 seconds East 15.00 feet to a calculated point located In the n right of way line of N.C. Highway 12 (Duct Road); thence along the w0tern right of way line of N.C. Highway 12, South 04 degrees 44 minuteo7 seconds East 34.15 feet to a calculated point; thence centinulioalong the western right of way line of N.C. Highway 12, South 04 degredO5 minutes 04 seconds East 61.13 feet to the place and point of beginnirr�as more particularly described and Identified in the plat attached hereto entitled, in part, "Sump Pump Addition to N.C. 12, Stan While Really Drainage Improvements, Exhibit V (the 'Easement Area*) The Easement Area0f+idcated on a portion of real property described in Deeds to Grantor recorded In Book 1211"age 596, Book 1266, Page 448 and Book 1311, Page 292, Dare County Registry. �e' 0 It is understood and agree tween Grantor and the Town that this Easement Is granted subject to the following t �d conditions: 1. Included as part of this Eat*nent right shall be the Town's right of ingress, egress and regress over the Easement" described above for the purpose of performing any necessary maintenance, la(Oscaping or improvement to the Easement Area. Such maintenance may include but ritge limited to visual inspections on the discharge area and, if erosion is noted, to su�*ment the gravel bed or place additional vegetation as warranted in the Town's disaetio(p �C 2. This Easement is granted for the pu4se of permltting the Town to enter and use the Easement Area for the accommodation of certain construction activities to be undertaken by the Town for the purposes set forth herein. Subject to the terms hereof. Grantor acknowledges that performance of the "required to install the drainage facilities may require the Town to excavate anilidpar (including, without limitation, disturbance of grass areas and removal of sma rubs and trees) and grade or slope some or all of the Easement Area. `tm Page 2 of 5 d 0 0 l' RECEIVED DEC 12 2020 ,,:f,A-MJJ,D CITY Book 2007 Page 210 G 3. The Town shall not make arty use of the Easement Area that is Incompatible with the purposes stated in this Easement. );4. This Easement is granted subject to all existing rights of way and ements within the Easement Area. le, 5. Grantor reserves the right to utilize the area within the Easement Area for all pug�sas not inconsistent with the easement rights herein conveyed. 6� The Town shall be responsible, at its sole cost and expense, for all permits, fissions, erosion control and other necessary approvals required by any appropriate vemmental authorities in connection with the construction and maintenance ivifies within the Easement Area consistent with this Easement. In addition, and n lieu of the preceding sentence, the Town shall not perform any construction an am enance activities in any designated 404 Wetlands without receiving all n ry approvals required by any appropriate govemmental authority. All Construction and maintenance activity shall be done in a fashion that shall not cause any damage to any adjoining lands that are not a portion of the Easement Area. 7. The Town as to Indemnify and hold Grantor harmless from and against any and all Ilabill suits, judgments, costs and expenses (including, but not limited to, reasonable alto y�' fees and expenses) arising from: (a) any injury to, or death of, any persons or (b) Fie' age to property as the same maybe related to the Town's or Its agents', contraror employees' activilles on or use of the Easement Area. TO HAVE AND TO HOLD s easement unto the Town, Its successors and assigns, and Grantor, and Grantor's lilers, successors, executors and assigns, hereby warrant and covenant that Grantor Is the sole owner of the property; that Grantor solely has the right to grant the said easemenf*d Grantor will warrant and defend title to the same against the lawful claims of all persQss� whomsoever. IN WITNESS WHEREOF, GRANTOf1s executed and sealed this instrument, the day and year first above written.??0 (signatures begin on theng page) G n Page 3 of 5 RECEIVED DEC 12 2020 pChk-t„ ry' r:,ITY R—u 9nm Cann 911 G 0 GRANTOR: (Z ALLIS HOLDINGS, L.L.C., a Virginia limited liability company �r — d BY: _. _(SEAL) James B. Braithwaite, Manager STATE OF COUNTY/CITY OF I certify that*a following pemon(s) personally appeared before me this day, each acknowledging to me that he or she or they voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated- James B. Braithwaite, Manager of Allis Holdings, L.L.C., a Virginia limited liability company. Date: ' q �- S'onaWra of Nobly Ty(W or printed name of Notary Pu My commission expires: Q y I�EI Q (AFFIX NOTARY SEAL) GAS W O 0 Page 4 of 5 16 0 �m RECEIVED DEC 12 2020 DCM-MHD CITY Book 2007 Page 212 Exhibit t (See attached) d O Pages of 5 RECEIVED DEC 12 2020 ERCI�fl� l"a_, CITY .--- In Al 0—O�I 0 J mffQo oa3g ZZ v VWW < st N �1 gig < I a �T DARE COWTY M�mm NACU] WATER Tomm OIET. w mm m N m m c> o v SUMP PUMP ADDITION TO N. C. 12, STAN WHITE REALTY DRAINAGE IMPROVEMENTS m7=7 1 — R6Vrt4ID 01-27-15 SCAM !' WETLA11D5 AND 1WUNDARI FROM A PLAT PREPARED HT' PROFE59WAL i7WUP EN71TIED 'WCK WATERFRONT SHOW. THE PLAT 15 DATED 03-22-12 (RV,) Nf01 PROJECT 331. THIS IS A CALCULATED EASHQIT ONLY AND IS ROT THE RESULT OF AN ACTUAL 9M)EY NWo , AM(r an') W. Ir E0 ' AW'GNOIf�NliAS�LLC DUCK WATERMONT SHOPS 124D DUCK ROAD, DUCK. NC 2790 Twm1T ><M1MPFI1a1p1YAWAl GOON! �� WM uT W11Y �C�� /�w�1W 410�f `id 6� C run R� 1 6d nJWR� Book 2007 Page 214 Received G 0 10 r,K tK 200IuIuII0PAGE 106 (I4) i000 Q�IIIIIIRI���I�IIIII 0 Prepared by etumto: E. Crouse my, Attorney at Law, GRAY & LLO lhwv L.P. 3120 North Croghway, Suite 101 Kill Devil Hills, No Carolina 27948 File No. 7677-001 JUN z I Y :j DCM-EC Recorded: 01/27/2015 04:33:58 PM BY: paudw Flenii�on VamnUa pichAaran-$milk. Rages of Deeds Dare Couty, NC Fee Amr Snoo NC Excise T. 3a.aa NORTH CAROLMA, D COUNTY DECL*ION OF PROTECTIVE COVENANTS Yl�' OF \ALLIS HOLDINGS, LLC 0 THIS DECLARATION s the 2& day of January, 2015, by ALLIS HOLDINGS, LLC, allorth Carolina limited liability e7ttJpany, Successorby Mergerto ALLISHOLDINGS, LLC, a Virginia limited liability company, hinafter called "Declarant". A. Declarant is the owner of all of fl}ttllands shown on the map hereinafter referred to. B. Declarant has obtained a permit froW,*c U.S. Army Corps. of Engineers and as a condition of such permit, the U.S. Army'eews. of Engineers is requiring a restrictive covenant for thepurpose ofmaintaining certain conversationareas in theirnattual state in perpetuity. C. Declarant desires to subject a portion of its property, to certain covenants and use restrictions. NOW, THEREFORE, Declarant hereby covenants aQ m with all persons, turns or corporations now owning or hereinafter acquiring any portion of roperty described below, that such property is hereby subjected to the following restrictions as to thereof, runaingwithsaid property by whosoever owned: 0 16 0 RECEIVED DEC 12 2020 DCM-MHD CITY Received O t ��2,�000ppNPAGE1II0II6(4) r `C 1111111I�IAIII1INIIII111 16 0 Prepared by n el, to: E. Crouse Uray, Attomey at Law, GRAY & LLO L.P. 3120 North Cma ghway, Suite 101 Kill Devil Hills, No Carolina 27948 File No. 7677-001 JUN 'L 1 1': ®CM -EC Recorded: 01272015 0433:58 PM BY: Ctmtdie Fiamnat , Vat¢0113 McWnln-Smkh, Register of oae& We County, NC Fee Amt $20.e0 NC Er a far so to NORTH CAROLINA, D COUNTY DECLAQ'ION OF PROTECTIVE COVENANTS Vi OF ,VALLIS HOLDINGS, LLC 0 THIS DECLARATION is the 26'^ day of January, 2015, by ALLIS HOLDINGS, LLC, allorth Carolina limited liability any, Successor byMergerto ALLIS HOLDINGS, LLC, a Virginia limited liability company, he wafter called "Declarant'. A. Declarant is the owner of all B. Declarant has obtained a permit froi and as a condition of such permit, the U.S. Army covenant for the oumose ofmaintainine certainconv shown on the map hereinafter referred to. U.S. Army Corps. of Engineers ts. of Engineers is requiring a restrictive on areas in theirnatural state in perpetuity. C. Declarant desires to subject a portion of its prRperty to certain covenants and use restrictions. L` rant Yn NOW, THEREFORE, Declahereby covennt as A- rees with all persons, firms or corporations now owning or hereinafter acquiring any portion of roperty described below, that such property is hereby subjected to the following restrictions as to thereof, mnning with said property by whosoever owned: (1 RECEIVED DEC 12 2020 DCM-MHD CITY Book 2000 Papa 105 G �� STATE OF NORTH CAROLINA COUNTY OF �T].f2 I� rii_ it U7110 vt, a Notary Public, hereby certify that Jgrnys •Bmitlnvai PAY came before me this day and acknowledged the execution of the foregoing iot, all in his capacity as a manage in, and in the name and for and on of Allis Holdings, LLC, a limited liability company organized under the laws of the tau of North Camlina. d I_ ()Witness my hand and official seal this the u 2015. day of {j xJ( Notary Public _ (SEA4AMP) My ComFxJQ mission piM. obi -C -S �Ir qLL OaIECO�f Q STATE OF NORTH C f LIMA COUNTY OF f ++�� 9 G a Notary Public, hereby certify that Malth w S. nre"ersonally came before me&s day and acknowledged the exemmon of the foregoing mistrurTM^t, all in his capacity as a erin, and in the sane and for and on behalfofAllis Holdings, LLC, a limited liability cbllfmy organized under the laws of the State of North Carolina Witness my hand end official seal] 2015. `jt�y the day of /3f1U Ccd' %G , I;MBMI,Y.W11WraN t V / Oa11EWUlIY, f Notary�ublic V ti_ (SEAUSTAMP) My C000rission Expires: 10 - a q -a 01 i a�aaiaaeouuwaxmagsunnnmilK�bM.�..dsarn..d.ay,�aia�u..,e .)� C RECEIVED DEC 12 2020 DCMt-MHD CITY O M O - 4" G STATE OF NORTH CAROLINA 0 COUNTYj OF Mr, f e-f �• I, Lt r'ivr CrA K l `a [Af- a Notary Public, hereby certify that James B. P Braithwaite personally came before me this day and acknowledged the execution of the se foregoing instrument, all in his capacity as a manager in, and in the name and for and on half of Allis Holdings, LLC, a limited liability company organized under the laws of the tate of North Carolina. d t- Witness my hand and official sea] this the e day of - . Q V'I 0 Gt �r '7 , 2015. Notary Public ���� (SEAt)STAMP) My CommissionFxpiresjo iJ tLvMt6 "t oret�ou T4 O tn` STATE OF NOR H CINA COUNTY OF f '1 t 0 hq� a Notary Public, hereby certify that Matthew S. Pn�rsonally, came before in 'a day and acknowledged the execution of the foregoing instrument, all inhis capacity asam erm,andinthename and for and onbehalf ofAllis Holdings, LLC, a limited liability any organized under the laws of the State of North Carolina. rs 2015. Witness my hand and officials d the day of oOM catec PUSM f ` V Notar>� iblic (SEAUSTAMt) My Cor*ssion Expires: 10 — a q —CZ 01 S X AN n�wwm��.a�wuwsham+as�twm.ao��mn,prm.�dnmuRca.wnoipu..ye .l^'` Y� 6 O RECEIVED DEC 12 2020 DCM-MKD CITY Book 2000 Page 108 G I LAND TRANSFER NUMBER L L� Q I- ,� I%LAND TRANSFER FFG 50,00 O-EICCISE TAX: S0.00 PARCEL NO 009909.000 . by and ,,sett m. CMu"G aY. ]r., Atlomey stLaw Y d: LLOYD, L.L.P. 31 orlh Cmatm Highway, Sm 101 run all sa.: m ra. KW W,Hilo, North Catolma 2794g ,,CLo�nn,or inn r• as MY Fit On. 76774M mmum r oaa 000a... 0r� NORTH CI —LWA, DARE COUNTY THIS made thin the&( day of re ,r. 1999,byantis Oratnee: dbcuwmO C�O1NOY. LLC, g6t,and AM, Holdbngs,LLCafP.0. Box 24gl, Kitty Hawk NC 27949, The and Grantee as used herein shall ioclude said parka, their heim and suceG4 ,and shall include singular, plmd, masculine, feminine Or neuter m mgidred by m tfi WITNESSF.THr THAT We Gtanta, for a corasidemnon paid by the Onmter, the rceipt of winch vbereby rcWnwlnigaa4 yid by those Noma; does Wanl, bag.,acll and oo..Y, Otto the Grantee ha fen simple, eI t oenain lot or Parcel of land situated in Adafic TOwnshiP, Dare County, North Cro m,add mom partiwFaa.ly described as follows: A certain lashown onpha altarNq� d worded in Deed Hook 256, Page 586, Dam Cow R s p lot.Being Conveyed m Cardinor. said pW being datedFiassedl, Registered Lurid Saaveyoc, and by tdcmnce made a pan of this DC4P precisely identify the property hereby COnMed. and said lot being de,,rdho by mete, and bounds, ss shown on said plat, m follows: Beginrnng m w iron pipe in dac Wenarly margin of the right of way Of Cowry Read No. 1200, said beginning point being the Northeasterly comer, of the Mart— lot. mQ-s4uWng Wince fmm aaid be®amiog point South gl deg. 30 min. West 207. set i the 4lmtenaon lot to m iron pier; thence North 41 deg. 14 min. ©t 143.91 feet m an imn Pipe; theare South 94 deg. 30 min. Eau 293.71 fcet Fonmre Ruth Tate aurauom�.,. Pam,. m an iton pipe in the Westerly margin ofthe lip. tofmy of County +� msow d 0 Melt 13" Pap LO.0004 RECEIVED DEC 12 2020 DCM-MIT CITY �� �ar Y:IMII G Rod No. 1200; theme Soft a deg. 40 ad,,Pin 50 lent along the Westerly ,' mmginofthe eight ofway OfCaaay Rod No. 1200 re an unn pipe, this beigg 0- the point of beginning, III property, harm -bore dameribd wa acywro0 by Gondar by insntroun recorded !l Book 1247, Page 194. Date Corny Public RRinry. Y 7O HAVE AND TO HOLD the aforwsid lot or parcel of two and all privilegm and cep i reneams doaete belonging to the Grantee in fa simple. xAnd the Grmnor wvenm8 with the Cna aaas thin Grader it seized of it. premise, in fm rim{®, hen the right to a,,M the same m fee simple; that title i, nnrketable ad free ad ,teen o[ andthat Gunnar wif] wurmtrard defend the title agmon the lawful eWmof whomsoever except for the exception hrTcirafla natal. Title Id(Z. t)e property hacinabovedexcibed i subjectm the folhi ingexeeptans: 1. Exception is taken to 19" d valorem nixes. 2. Eitceplion isJtdcea ninny easrmeea ad t<etrictiore ofrecoM. 1N W17NESS �F,IEREOF, the C—wr line heamm set its hand and seal, or if carPmme, ha cmaod a m-em k be 9lgnsd m ik corpmate name by itn duly a khorimd officam and Its sal ro be hcoibm affixed by authority of its Board of ihrectas, the day and year fast above wTift m Y' OTIS COMPANY, LLC d "�a B. Bo ithwaik, Mmpga STATE OF NORTH CAROLINA COUNTY OF DARE O / I'� P, Lblic of the alomsaid jurisdiction, do herebyeetify WdLmesB. BruWwaik, e. oCOtieCoutpmy, LLC,allonh Camlim limited liability campeny, pemo ally foe are Otis day and acknowledged the execution and waling of the foregoing i-Im.1 p5 ma ago on bebelf of mod a theact of the company referred to in One acknowledgment. Witness my hand and official ..^^ 'rr[} MY Commisaim�Bgpiva: /1-.1a2 "eAQ2� 19,=a •. co w p C 2 Y wwa S,WPt API C Q owwk Mi Pap ima p., RECEIVED DEC 12 2020 DCM-MHD . .11 18MMUNNIMU L,. G 11 NORTH CAROLINA, DARE COUNTY �'lO Ilr frrtgo oe Ca4 fiWe(�of Bo�Thuho h=—rod tl rpficatc a,edWy registered at the date and time and m the d Pye shown on�lr/1iMt page heteor h BY: ST AP DEED9 ySi T�' µy6IST5 F DEEDS s+wunm+rsw1u n»mam�oefa.nec �i �O Off. d� O n� O nuaw., u. 3 C% 1 O Book 1311 Poe 28240 S a:tECFIVED OEC 12 2020 �)CM_hlQHD CITY RECEIVED DEC 12 2020 DCM-MMD CITY Received G O �,POK 2089 PAGE 26 (4) C��,� OIIIIIBI9l�II�I�II� d O Return to: DJ own Of Duck W O. Box 8369 k, NC 27949 NORTH CAROL► TOWN OF DUCK RE: Application by John PQQt Holdings, LLC, owner of for for a conditional use permi4 seating/entertainment Brea M 1240 Duck Road. Outdoor di conditional use in the Village district. JUN 2 s D M EC Recorded: 04/25/2016 09.3& 19 AM BY: Claudm Hankpmn Ver¢ola McMuran, Repenter of Deeds Dare County, NC Fee Amt $20.00 NC Ew Tw $0.00 Document Prepared by: Town of Duck P.O. Box 8369 Duck, NC 27949 representing Allis Conditional Use Permit 16-003 mrty at 1240 Duck Road, Conditional Use Permit to expand ablish a seasonal outdoor The Blue Point restaurant at 124o Blue Point restaurant at Duck Road by adding a seasonal ,4entertainmeat is a outdoor seatinglentertainment area. ginercial (V-C) zoning On Aoril 6, 2016 the TOWN Codi L OF THE TOWN OF DUCK, NORTH CAROLINA considered an application for a Conditional Use Permit to establish a seasonal outdoor seating/entertainment area for The Blue Point restaurant at 1240 Duck Road in the Village Commercial (V-C) zoning district in Chown of Duck, and the Town Council FINDS AS FOLLOWS: O L That the written application of Petitioners i attachments have been duly submitted to the Town of Duck Planning Board as required Town Code Section 156.036 and 156.145 of the Town of Duck Zoning Ordinance (herein referred to as "Code"); 2. That the application substantially complies with the requirements of the Code in that it requests uses permitted by Conditional Use Permit, including a restaurant with outdoor dining area; 3. That the Petitioners own the property at 1240 Duck Ro further identified as Dare County Parcel Identification Number (PIN) 985911761465; 4. That the Town of Duck Planning Board recommended apRmval of the Conditional Use Permit with conditions as described in the draft meeting mites of the Planning Board RECEIVED DEC 12 ZRO ®CM-MHD CITY meeting of March 9. 2016 and as described in a transmittal letter to the Town Council dated O Match 28, 2016; That the Town of Duct is empowered under sections of the Code set out above to grant le,conditional uses such as allowed herein and has received testimony at public hearing and (2onsidered the application and received input as shall be reflected in the approved meeting \Wmutes; 6. T�?the bereinafter-described conditional use is deemed to be reasonable and is not in demiiinon of the intent of this ordinance; and, 7. That th�pplication IS consistent with the Town's adopted CAMA Core Land Use Plan related to 1Iy stated goals and objectives for commercial development. NOW, THEI EF under the provisions of the Code, the following conditional use permit, 16-003, is approwith condittow to Allis Holdings, LLC, to establish a seasonal outdoor seatinglentertainment area for 'the Blue Point restaurant at 1240 Duck Road, subject to such conditions as are hereinafter set out: CONDITIONAL USE:6 his conditional use permit amendment hereby authorizes the establishment of a seasonal �pin tdoor seatingtontertament area for The Blue Point restaurant at 1240 Duck Road per the layopKLnd dimensions depicted on the attached site plan dated March 25, 2016 which is attached to attd9nade a part of this Permit. CONDITIONS: CNNNN 1. The applicant must acquire ssary permits for all new buildings and renovations included in this proposal to ens a compliance with applicable standards. 2. The applicant must obtain apprc@d from the Dare County Environmental Health Department to connect the beverag tand to the existing septic system prior to the issuance of a building permit and use mre outdoor seating/entertainment area. 3. The applicant must obtain a CAMA miAtlx permit from the N.C. Division of Coastal Management prior to the issuance of a ` building permit for the beverage stand and decking. 4. The applicant must obtain approval from the Commkknity Development Department prior to installation of any exterior lighting, which nKSh comply with the Town's lighting standards and may require a building permit. 1� 0 tfi �• 2 RECEIVED DEC 12 2020 DCM-MWD CITY Book 2M Papa W 5. The applicant must submit an as -built survey documenting all of the site improvements % prior to issuance of a Certificate of Occupancy for the buildings and use of the outdoor X.�c% seating/entertamment area. � '6. Entertainment activities must comply with all applicable Town standards, including the 0 noise ordinance. V' TM date of Anril _, 2016 TOWN OP DUCK (t Lori A. Ackerman rO Town Clerk V h Y' --r Br. Q_ DJL on Kingston Mayor 1, -&=rB F a N_olery Public of County and State of M,A%cocsl' certify that � ion k Personally appeared before me this da3✓ nd acknowledged a execution of the foregoing instmmem. Witness my hand a� official stamp or seal, this r.b day of 20r l My Commission Expires: C94M$ Y�,� Jeffrey E /1CI081'fllan fY--� , � Notary Public No �blic Dare COun , NC RECEIVED DEC 12 2020 DCM-MHO CITY a—& tees ti-- nay 5. The applicant must submit an as -built survey documenting all of the site improvements O prior to issuance of a Certificate of Occupancy for the buildings and use of the outdoor seatinglentertainment area � '6. Entertainment activities must comply with all applicable Town standards, including the 0 noise ordinance. Y' THIS�6th date of April , 2016 d O DwN`� `'gymm TOWN OF DUCK CC B Lori O Town Clerk lm By: Ij Don Kingston Mayor I, pv, a N.olery Public of County and State of certify that r - �oti_jCrr[ personally appeared before me this da3()nd acknowledged4he execution of the foregoing instrument, Witness my hand ao official stamp or seal, this C'b day of My Commission Expires: Cg�O9 Jeffey E Ackerman Notary Public No blic STATE OF N�C, r al COUNTY OF bate Dare County; NC RECEIVED DEC 12 ZON 3Cm-MHD CITY Book 2089 Page 028 ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC 27949 November 19, 2020 RecEivcd OkC 21 X:2 Robert Corbett DCIW-EC 1367 US 17 South Elizabeth City, NC 27909 RE: Allis Holdings, LLC — Revised CAMA Major Permit #99-16 Dear Mr. Corbett, Enclosed is a revised CAMA Major Permit application as per your comments dated November 18, 2020. The project is located at the Water Front Shoppes property adjacent to the Currituck Sound in Duck, Dare County, North Carolina. The following information has been submitted as part of the permit application: 1. A copy of the revised site plans for the project. 2. Revised application forms DCM MP1, MP2, MP3, & MP 4. 3. Adjacent property owner notification certified mail green cards. 4. A revised narrative description of the proposed project. If have questions or need additional information please contact me at 252-261-7707 or 252-599-2603. Sincerely, Dot;! an Atlantic Environmental Consultants, LLC R ECEIVE® Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com DEC 12 2020 0C1Vi-A f-8O CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Allis Holdings, LLC Jim Braithwaite P.O. Box 2499 Kitty Hawk, NC 27949 Dear Mr. Braithwaite: NORTH CAROLINA Environmental Quality January 11, 2021 The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval for development consisting of installing riprap to support an existing aging bulkhead, create a riprap revetment for wetland protection and install a Gazebo over water for commercial use at 1240 Duck Road, Town of Duck in Dare County. It was received complete December 21, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is March 6, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 21, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-I 19(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your 'J RECEIVED North Carolina Department of Environmental Quality I DNislon of Coastal Management I�FC 1.2 2020 nlzabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 2SZ2643901 1 s�I-n�i0 CITY Allis Holdings, LLC Jim Braithwaite January 11, 2021 Page 2 of 2 Property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact the field representative, if you have any questions and or if you wish to receive a copy of his field report. Sincerely, j!,a� Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Robert Corbett, DCM, Elizabeth City, NC Doug Dorman, Atlantic Environmental Consultants, LLC, Kitty Hawk, NC RECEIVED DEC 12 2020 DCM-MHO CITY ROY COOPER Govemor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO: Theresa Schneider The Coastland Times Manteo, NC 27954 lega]5@thecoastiandtimes.com FROM: Ella Godfrey DATE: January 11, 2021 SUBJECT: Public Notice: Allis Holdings, LLC Please publish the attached Notice in the Wednesday, January 13, 2020 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send me the affidavit, an original copy of the published notice, and an original invoice. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File nw��umx D North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 252,2643901 RECEIVED DEC 12 2020 DCM-Mm) CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 12/23/20. Allis Holdings, LLC proposes to install riprap to support an existing aging bulkhead, create a riprap revetment for wetland Protection, and install a Gazebo over water for commercial use at The Waterfront Shops located at 1240 Duck Road in the Town of Duck in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 2/2/21, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, January 13, 2021 o.r...raw�.aor, North Carolina Department of Environmental Quallty I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 252.264.3901 RECEIVED DEC L2 2020 DCM-MHD CITY N()TI('147A C MA PERMIT APPLIED FOR PROJECT: install riprap to support an existingaging 9. in 9 bulkhead, create a riprap revetment for wetland protection and install a gazebo over water for commercial use VUMMENTS ACCEPTED THROUGH . _ February2. 2024 APPLICANT: Allis Holdings, LLC Jim Braithwaite P.O. Box 2499 Kitty Hawk, NC 27949 252-202-2107 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Robert Corbett 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 233 —This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (1-8-2021) Applicant Allis Holdings, LLC Date: 1-8-2021 Project Site County: -- Staff.- Robert Corbett DisMct Elizabeth City ❑Washington ❑Morehead City ❑Mimingon Project Name: Waterfront Shops Rover File: Date of initial application submittal (EX. 1182007): 11/OIi2020 Date application -received as compiete'in the Field office (LA:1/82007): 1221/2020 SITE DESCRIPTIONIPERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes® No[] Setback Re uired q (riparian): ®Yes No Critical Habdak ❑Yes ❑No Mlikit Sure 15 toot waiver obtained: Yes No Hazard Notification Returned: ❑Yes ®No SAV: Yes No Not Sure Shell Bottom: ❑Yes No Not Temporary Impacts: ® Yes No Sure Sandbags: ryes ®No ❑ Not Sure Did the land use ciassirrcation come from Mitigation Required (optional): countyLUP: ®Yes ❑No ❑Yes ®No Moratorium Conditions: ❑Yes ®No Environmental Assessment Done: ❑NA Dyes ❑No®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) rrclWffua IMYAUIED ❑ (404) Corp. of Engineers (Jurisdictional wetlands) (LS) Sea lavender (Limonium sp.) U (SS) Glasswort ( SWicromia sp.) (CJ) Saw grass (Cladium jamaicense) ® (SA) Salt marsh cordgress (Spaftina (SY) Salt reed grass (Sparfina attemiflom) cynosumides) ❑ (DS) Salt or spike grsss (Distichlis ❑ (SC) Bullrush or three square (Scopus (TY) Cattail (Typha sp.) spicata) sp.) ® (JR) Black needlerush (Juncus El (SP) SaWmeadow grass (Sparhna memefianus) patens) APPLICATION FEE No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; ® IBM) Priv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 LJ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 Ill(B) Public orcommercial w/D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 El Major development extension request - LJ ll. Public or commemlaYno dredge $100 and/or fill - $400 RECEIVED I. Private no dredge and/or fill - $250 ❑ Ill(C) Priv. public or comm wiD&F to 1 acre; 3490 can be applied,' DCM needs DWD agreement - $400 DEC 12 252-808-2808 :: 1488-4RCOAST :, www.nccoastaimanagement..net DCMAWN" NC Division of Coastal Mgt. Application Computer Street, Page 2 of 3) Applicant: Allis Holdings, LLC Date: 11812021 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in yourAcdvides code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Riprap (Shoreline New Work Replace 920' 10, Protection) Maint ❑ ❑ Y ® N Wetland New Work Replace 1 00' 6' Stabilization Maint ❑ ❑ Y ® N Wetland 1 New Work EF Replace 220' 6, Stabilization Maint ❑ ❑ Y ® N Gazebo 1 New W(Mt Replace 10, 10, Maint ❑ ❑ Y RN Fill (general) New work Replace 85' 31' 2' Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y ® N New Work Replace Maint ❑ -Work ❑ Y ® N New El Replace Maint ❑ ❑ Y ❑ N Now Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replete Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Lj Replace ECEIVED Maint [3 ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N DCM-MHD CITY revhed Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3,, Applicant: Allis Holdings, LLC Date: 11WO21 Describe below the HABITAT disturbances forthe application. All values should match the name, and units of measurement found In your Habitat code sheet TOTAL Sq. FL FINAL Sq. FL TOTAL Feet FINAL Feet (Applied for (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Disturbance total dstumancii. Disturbance disturbance. Choose One includes any Excludes any totslincludes Excludesany anticipated restoration any anticipated restoration andror restoration or and/or temp restoration or temp impact tam im im ct amoun to Im acts amount Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 100 100 Shallow Bottom Dredge ❑ Fill ® Both ❑ Other ❑ 9,280 9,280 Shoreline Dredge ❑ Fill ® Both ❑ Other ❑ 1240 1240 High Ground Dredge ❑ Fill Both El Other El4,540 4,540 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FN EJ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge F171❑ Both other RECEIVED DEC 12 2020 DCM-MHD CITY 252.808-2808 :: 1-888411COABT :: .net revised: Nov, 2012 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 12, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) Qrego.bodnarAricderr gov SUBJECT: CAMAIDredge & Fill Application Review Applicant: Allis Holdings, LLC Project Location: 1240 Duck Road, Town of Duck Proposed Project: Install riprap to support an existing aging bulkhead, create a riprap revetment for wetland protection and install a Gazebo over water for commercial use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by February 2, 2021. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed - **Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE _ ,;t RECEIVED rvmrr cn ew v North Carolina Department of Environmental Quality I Division of Coastal Management DEC 1.. 2 2020 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 DCM-MHD CITY DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Allis Holdings, LLC Distribution Date: 1/12/2021 AGENCY ECRO Community Development/LPO Sandy Cross DCM Planner ens EllzCity �•� C US COE: Josh Peletier Community Assistance Lee Padrick (Beaufort, carteret Craven, Enz city, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public water Supply) Clif Whitfield Marine Fisheries James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Samir Dumpor Storm water- Roger Thorpe DWR 401- Chris Pullinger WRC Maria Dunn (WARO) National Heritage Program Rodney Butler rg ey�toc II RECEIVED PFC 1.2 2020 i�"r:dr•jl=u1-�1� CITY C:\Users\emgodfrey\Documents\Major Permits\Maj Comment Distribution Sheet - Scotch Bonnet Fudge & Gifts, Inc..docx Revised : 6/29/2019 MAJOR PERMIT FEE MATRIX Applicant: 4� S i' In 1 r4 , �. h„f LC, Selection Development Type Fee DCM % Dwo % (143001501 4351000931625 6253) (24300ISM 435100M 2341) I. Private, non-commercial EJ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands r n water areas: . Public or commercial evelopment that does not $400 100%($400) 0% ($0) r1excavation volve the filling or of any wetlands r open water areas: Major Modification to a $250 100% ($250) 0% ($0) ajor permit evelopment that the filling and/or ion of up to 1 acre nds and/or open =BC, eas, determine if A, D below a lies: rivate, non- commercial development, 4 $250 100% ($250) 0%($0) GeneralWater Quality Certification No. 4097 (See be applied: ublic or commercial ment, 'rf General $400 100%($400) 0%($0) Ld)can Quality Certification 7 (See attached) a lie General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water AMENNEENNE Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190)RECE excavation of more than one acre of wetlands and/or o en water areas: 'ELF 2020 n";tc!1k+-4HD crry NC Division of Coastal Management Cashier's Official Receipt f j ,fps I /G Received From:JQ -1 1 1 r S t'�`�% U Permit No.: /pAC .ar Applicant's Name: —Allis, r[o(dirNoS / LC Project Address: 12315 Qa c D Date: / - - 20 2 Check No.: County: QllG Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Date: Signature of Field Representative: Date: RECEIVED DEC 12 2020 DCM-MHD CITY 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 het AccessChannel Other (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL Breakwater shoreline stabilization Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATIOM ®This section not applicable a Amount of materal t0 be excavated from tiabw 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 d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ OWL _ ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes ❑No [IRA (it) If no, attach a letter granting permission from the owner. (it) If yes, where? e. (1) Does the disposal area include any coastal wetlands/marsh I. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yea Ohio ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. Oil If Yes, how much water area is affected? ❑CW ❑SAV ❑SB _ OWL ❑None (it) Describe the purpose of disposal in these areas: RECEIVEOtt: 8 j 22 416 DEC 12 2020 DCM-EC 252-808-2808 :: 1-8884RCOAST :: ww,, --:;Jmanagement.net revised: 12/26/06 orm DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. (hr development is a wood groin, use MP-4— Structures) a. Type of shoreline stabilization: -- ❑Bulkhead ®Riprap ®Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL &10' adjacent to existng bulkhead and 6' for wetland sill. e. Typs of stabilization material: Rods rip -rap g. Number of square feet of fill to be placed below water level. Bulkhead badkfill _ Riprap 920' x 8' avo = 7 360 nr Breakwater/Sill 19, 20 sr Other_ i. Source of fill material. Trucked in from outside source. b. Width: 8' [I This section not applicable d. Maximum distance waterward of NHW or NWL: 10' adjacent to existing bulkhead and 6' for the wetland sill. f (i) Has there been shoreline erosion during preceding 12 months? ®Yes []No ❑NA 00 If yes, state amount of erosion and source of erosion amount information. 2' max in some locations. Site observations It, Type of fill material. Rock 4.0 RU AC IMMES ❑This section not applicable Shoreline Stabilizab'on) A . (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (I) Will fill material be placed in coastal wetlands/marsh (CW). 1. V (ii) Amount of material to be placed in the water 1,530 cuyds (III) Dimensions of fill area 1 920 sf x 0 a ft = 1,530 alas (iv) Purpose of fift Proposed rock sill to protect existing coastal wetlands. suurnergec aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ®SAV 950 sf ❑SB _ OWL ❑None (it) Describe the purpose of the fill in these areas: Proposed rock sill waterward of existing coastal wetlands. 960sf is based on density (50%) of SAV growth in sill areas. a. How will excavated or fill material be kept on site and erosion b. What type of construction equipm controlled? backhoe, or hydraulic dredge)? Silt fence to be installed around perimeter of back fill and seeded Small tractor, excavator, backhoe or sodded upon completion. Fill will be controlled by existing bulkhead in addition to sift fence. c. (i) Will navigational aids be required as a result of the project) ❑Yes ®No ❑NA III) If yes, explain what type and how they will be implemented. 10/29/20 Date Water Front Shoppess Project (e.g., dragline, d. (i) Will "bands be crossed in transporting equipment to project site? ❑Yes ONO ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. a Project Name e ``� ��-� - DCM-EC DEC 12 2020 252-808.2808 n 1-7 'aCOAST :: www.nccoastatmanage_ment.net ised: 12126/06 DCM-MHD CI71e ROCK RIP -RAP CROSS SECTION A -A N.T.S. DATE: 1 1WJ B. PROPOSED GAZEBO DETAIL N.T.S. END VIEW CROSSRIP-RAP REVETMENT M_ 1 CAMA MAJOR PROJECT DETAILS ALLIS HOLDINGS, LLC WATER FRONT SHOPPES DUCK — DARE COUNTY — NORTH CAROLINA NTS 0' NTS GRAPHIC SCALE 1"= NTS REVISED: Receind NOV 0 6 =c DCfvi-EC RECEIVE DEC 12 AtDCM-MHD MEET 3 OF 3 ATLANT/C ENS/RONMENTAL CONSULTANTS, LLC P.O. BOX 3266, A'IM HQWA, N.C. 27949 (252)261-7707, a moll d0ugd0eC#gmo11.00m FILE:2020-WFS DRAWN BY: DAD 75' AEC L#iVE \ I \ \ I 4W- / ET— =�-- • I � ,�, ice' � � AT LEGEND EXISTING ELEVATIONS ------•---- EXISTING CONTOUR LINES PROPOSED CONTOURS - - 30' BUFFER LINE - - 75' AEC LINE _...-...--- ...-.._.._...-.._..._..._ SHORELINE (NW-) IEXISTING COASTAL WETLANDS �PPOPOSED OPEN WOOD - DECK 395 SF - i BLUE POINT RESTAURANT \� A \ / I\ BLUE POINT RESTAURANT BULKHEAD BACKFILL GRADING PLAN DUCK - DARE COUNTY - NORTH CAROLINA 10 0' i 10 20 60,ATLANTIC ENV/RONMENTAL CONSULTANTS, LLC GRAPHt 1" P.O. 90,Y 1266, KITTY N,4/YK, N.C. 27949 + (2W)WI-7707, a-mo// dougdaec9gmoi/.com FILE: WFS 2021 DATE 03/01/211- `9 RECEIVED MAR 2 2021 NIP SECTION MHD SITE SIT S ARMY CORP PIER C URRIT UCK g S0 UND O Lu O O 0.P DARE COUNTY o W ra NORTH CAROUNA �n �iw W i E.WSMG PIER P X -3.4, AUMUM BP640'1 9`. BIYt[� X -2.8' ?a -2.8' X � A F.a e VN �a -2.5• X j ROPOSED RIOCK RREVE ATEDGEOUN �'. t:. -I.8' Y A TS WETLANDS r'4r 4..a t ._l Sm v 9■ 10B tT ■ ~ - VICINITY MAP NTS 7 —2.2' X v-6 + Bw . e• CAI ��,a -I.1•Y a fr...-�� a a 3 ■ �� a + j/COASTAL 11SIZANA4 OPOSED ROCK REVETM 100 LINE -1.2 X q + + r! + + ET TO BE INSTALLED AT EDGE OF E. r gQyTp7p / OASTAL WETLANDS 62 _ NWd71EAD PROPOSED ROCK RIP-R r a a 350 LINEAR FEET COASTAL 1 rnAdS PROPOSED SHADE PERGOLAS 2 ■ n 2-10' WIDE Ie' LONG -0.8' X \` BRIMAD�-' \\` ds?kNIF �iyt )zvG. d, \\ \ n PHANTOM ENTERPRISES : i - - - sl f,.. EXISTING EXISTING . }. -� ; 1 ,.: BUILDING BUILDING _ EXISTING it EXISTING �J BUILDING U BUILDING14 i--r--------t-1 , ^� i 'I'.. L • I l -1 b0 ` / �e ta% A wl .le l� le 1s141 Ia Ia �' /f'rlr� .. ne ro ' i i i i i i ll f j i �'h" .._.._ Iw i' j/ F` � 1 I'�Itaeltf jtai ltl llx igYitA itaa� � .. 10 i 0- I ; 1 1Z LJ F NOW OR FORMERLY D WRIGHT VENTUREES,3 L+.C. X + . 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