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HomeMy WebLinkAbout157-21 BPG IncIL 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 l 13A- l 18 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 157-21 Issued to BPG Inc. and Otter Point Joint Venture, PO Box 1068, Kitty Hawk, NC 27949 Authorizing development in Dare County at adi. to Pamlico Sound. at 0 Starboard Dr. (Lots 014822088 and 014822087), in Avon, as requested in the permittee's application dtd 7/14/21, incl att workplan drawings Sheet 1 of 4 dtd 7/14/21. Sheet 2 of 4 dtd "Rev 7/14/21" & Sheets 3-4 of 4 both dtd "Rev 9/20/21 ". This permit, issued on December 16, 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 oe subject to tines, imprisonment or civil action; or may cause the permit to oe nun ana voia. Shoreline Stabilization — Bulkhead and Rip Rap 1) The bulkhead and rip rap shall be constructed in accordance with the alignments depicted on the attached workplan drawings. 2) No vegetated wetlands shall be excavated or filled, even temporarily. 3) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead and rip rap alignment. (See attached sheets 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee F4 BPG Inc. and Otter Point Joint Venture Permit No. 157-21 Page 2 of 3 ADDITIONAL CONDITIONS 4) The alignment of the authorized bulkhead and rip rap shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 5) The rip rap shall consist of clean granite, marl, or broken concrete with no exposed rebar. Rip rap materials shall be of a sufficient size and design to prevent its movement from the approved alignment by wave or current action. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment. 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 7) The bulkhead shall be constructed prior to any backtilling activities. 8) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 9) This permit does not.authorize any excavation waterward of the approved alignment. 10) The fill material shall be clean and free of any pollutants except in trace quantities. 11) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 12) No fill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 13) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 14) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 16) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. W__ BPG Inc. and Otter Point Joint Venture Permit No. 157-21 Page 3 of 3 ADDITIONAL CONDITIONS General 17) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 18) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-002052). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-1260. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: BP9, Inc & Otter Point Joint Ventures Type: (Check all that apply) New Y Major Mod Permit# Minor Mod __ Renewal Transfer Permit Coordinator: Bodnar Field Representative: Carver Date Time Message ' I 8/20/2021 / L r Received in MHC per — It 6(n Ou{ r ev"iw 1A �(C R� tolto 1,.1$1 ItIl9 kLIZ usraE q(a�, (ti3, � i bWR a(iol "IgItolr1 It t DCM Coordinator: Permit #: 7'L Permittee: DCM Fie b Morehead City US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET Jaw` UtHk'e-_ 11 f Washington (with revised work plan drawings) Wilmington (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh @elletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401 Tina Martin - 401 Clif Whitfield (WARD) Jimmy Harrison Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover) John Perry — 401 (TBD) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program i ✓OAAU Maria Dunn (WAROY Rodney Butler ret l_ (NCDOT) Travis Wilson 190 Wt APPLICATION for Major Development Permit (last revised 12127106) RECEIVED AUG 0 2 2021 DCM-EC F North Carolina DIVISION OF COASTAL MANAGEMENT 1. PdararyAWIcant/Landowner lnfornallon Business Name Project Name (if applicable) Bpg, Inc. & Otter Point Joint Ventures Otter Point Applicant 1: First Name MI Last Name Mark Bissell Applicant 2: First Name MI Last Name Goerge E Goodrich If additonal applicants, please aftech an additional pages) with names listed. Mailing Address PO Box City State 1068 Kitty Hawk NC ZIP Country Phone No. FAX No. 27949 USA 252 - 261 —3266 exi. - - Street Address (if dMerarx from above) City State ZIP Email mark@bisseliprofessionalgroup.com 2. Agent/Contractorinfom effon Business Name Atlantic Environmental Consultants, Llc Agent/ Contractor 1: First Name Doug MI A Lest Name Dorman Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box P.O. Box 3266 City Kitty Hawk State NC ZIP 27949 Phone No. 1 252-599-2603 ext. Phone No. 2 - - eA. FAX No. Contractor a Street Address Of dW&mnt from above) City state ZIP Email dougdaei@gmail.com <Form continues on back> 252-808.2808 :: 1-888.41RCOA5T :: www.neeonstalmanagement.net RECEIVED AUG 2 0 2021 DCM-MHO CITY RECEIVED Forth DCM MP-1 (Page 2 of 4) AUG 0 Z 2021 APPLICATION for Major Development Permit nrnn.-r-r 3. Project Location County (can be multiple) Street Address State Rd. a Dare 0 Starboard Drive None Subdivision Name city State Zip Kinnakeet Shores Avon NC 27915 - Phone No. Lot No.(s) (d many, attach additional page with gaff 252 - 261 - 3266 ext. N/A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Po uo+C^y- Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project ado. ®Natural ❑Manmade []Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fl.) 1,895 linear feet 27,000 at 8 2,424,985 at c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wafer) or 0.62 ac, 55.67 ac, NWL (nomial water level) (tlmany lot sizes, please attach additional page with a list) 4' ❑NHWor®NWL a. Vegetation on tract ILive Oak, Red Cedar, Black Needle Rush, Sparlina patens, Wax Myrtle, Poison ivy. f. Man-made features and uses now on tract Bulkhead and rock rip -rap shoreline. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential properties are adjacent to project site. In. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance cer ificate, if applicable) ®Yes ONO ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yea, attach o copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes ®No ❑ NA National Register listed or eligible property? <Form continues on next page> RECEIVED Z021 252.808-2808 :. 1-888.4RCOAST .. www.nccoastalmanagemont.not DCM-MHU CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for AUG 0 2 M Major Development Permit ry - . on. (i) Are there wetlands on the site? ®Yes []NO (ii) Are there coastal wetlands on the site? ®Yea ❑No (iii) If yes to either (1) or (III above. has a delineation been conducted? ®Yea []NO (Attach documentation, if available) n. Describe existing wastewater treatment facllltles. None. o. Describe existing drinking water supply source, Public water supply p. Describe existing storm water management or treatment systems. None. No proposed upland development. 5. Acdvltles and Impacts a. WNI the project be for commercial, public, or private use? ❑Commercial ❑PublldGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The property owners are proposing to replace a failing bulkhead in its current bcation and backfill. Rock rip -rap will be placed water ward of the new bulkhead and added to existing rip -rap already in place. The property will used for residential in the future but there are no current plans for development at this time. It is currently being used for sounside recreational purposes. 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 bulkhead will be installed hydralically and rip -rap will be trucked in and placed with a long reach excavator. Equipment can be stored onsite during consruction d. List all development activities you propose. 380 linear feet of new bulkhead includes return walls. 460 linear feet of rock rip -rap water ward of new bulkhead. Includes 85 linear feet of rip -rap revelment. 100 linear feet of rock rip -rap along NWUnatural shoreline. 4,615 square feet of open water fill for bulk head backfill e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed lend area resuming from the proposed protect? 2,700 Si or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes RNo ❑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. I. Will wastewater or slommvater be discharged into a wetland? ❑Yes []No RNA If yes, will this discharged water be of the same salinity as the recelving water? []Yes ❑No RNA J. Is there any mitigation proposed? []Yes []NO RNA If yes, attach a mitigation proposal. <Form continues on back> 252.808.2808 :: 1.888-4RCOAST at www.nceonstalmanagement.net RECEIVED AUG 2 0 2021 OCt..- vP3iJ CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additional Information In addition to this completed spplicaton form, (MP-1) the following dams below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any ma)or development application. Please consult the app/icat/on instruction booklet on how to pmpedyprepere the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is atdOclenity detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the affected properties. a. 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 appllcation and plats by certified mail. Such landowners must be advised that they have 30 days M which to submit comments on the proposed project to the Division of Coastal Management. Name Richard K. Banc Phone No. Address PO Box 1103, Avon, NC 27915 Name Greater Kinnakeel Shores, Homeowners Association, Inc, Phone No. Address PO Box 653, Avon, No 27915 Name Phone No. Address g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. GP41028 issued to Hatteras/Kinnakeet Ass, on 04/18/2005 GP51703 issued to Otter Point Joint Ventures on 04/03/2008 h. Signed consultant or agent authorization form, if applicable, 1. Weiland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperty owner) k. A statement of compliance with the N.C. Emironmental Policy Ad (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands In connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _07/14121 Print Name _Doug Dorman, Consultant i Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information AUG 0 2 2021 1-)cM-EC RECEIVED 252-808-2808 .- 1.888.4RCOAST ., www.acconstafmanagement.not AUG 2 0 2171 DCM-MHD CITY RECEIVED AUG 0 2 2021 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 11. EXCAVATION ®This sedlon not applicable a. Amount ofmaterlalto cubic yards. c. (i) Does the area to be excavated include coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of the excavation in these areas: MATERIAL a. Location of disposal area. C. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (II) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (it) Dell the purpose of disposal In these areas: of d. High -ground excavation In cubic yards. N This section not applicaf7le b. Dimensions of disposal area. d. (1) Wit a di!pposal area be available for future mairdenana? []Yes ❑No ❑NA (if) If yes, where? I. (i) Does the disposal Include any area In the water? []Yes []No ❑NA (III It yes, how mush water area is affected? RECEIVED AUG E 0 2021 DCM-MHr) CITY 252-808-2808 r: 1.888.4RCOAST r: y vy�vyv_.nccoasfalmanaaemrLnt.ngf revlsedt 7Y26/06 3. SHORELINE STABILIZATION ❑This section not applicable (if development Is a wood groin, use MPL4 — Structures) a Tvne of ahnmlinp stabilization: b. Lenoth: 380 feet bulkhead 480 rip -rag ®Bulkhead ®Riprap ❑BreakwaterlSill ❑Other: c. Average distance waterward of NHW or NWL: 10 feet e. Type of stabilization material: Wood or vinyl Bulkhead. Granite or concrete riprap g. Number of square feet of fill to be placed below water level. Bulkhead backfill 4.815 at Riprap 3,5Qa BreakwaterlSill_ Other_ I. Source of fill material. Trucked in from local source. Width: 8 feet at bulkhed 8 feet revetment d. Maximum distance waterward of NHW or NVVL: 48 feet f. (1) Has there been shoreline erosion during preceding 12 months? Was ❑No ❑NA (II) If yes, state amount of erosion and source of erosion amount Information. 10 feet. Field observations h. Typo of fill material. Clean sand, granite and/or concrete 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Nil fill material be brought to the site? Oyes ONO ❑NA b. (1) WAIT fill material be placed In coastal wetlandslmemb (Cliff), If yes submerged aquatic vegetation (SAV), shell bottom (SB), or li Amount of material to be laced in the water _ other wetlands (WL)? If any boxes are checked, provide the () P number of square feet affected. (III) Dimensions of fill area _ ❑CW ❑SAV _ ❑SB (iv) Purpose of fill OWL ❑None (II) Describe the purpose of the fill In these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? FIII material for bulkhead bacilli wil be seeded to stablize after instillation. c. (I) Will naviga�Donal aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe, excavator. d. (I) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 07/14/21 AUG 0 2 2021 Dale Otter point Authorized agent -Doug Dorman Applicant Name D / M F" Cl Project Name RECEIVE. AUG 2 0 2021 DCM-MHD CITY Form nGM MP-2 (Excavation and Pill, Page 3 of 3) 4 Z?64m4aI ApplicAt Signature FZ��CEivED AUG o 2 2021 DCM-EC RECEIVED AUG 2 0 2021 CJ„ m-MHD CITY 252.806-2806 :: i-888.4RCOAST u www.nc 0astal_nanaaenent.net revised: 12126/06 Bodnar Gregg From: Bodnar, Gregg Sent: Wednesday, September 15, 2021 10:25 AM To: Doug Dorman; Harrison, James A Cc: Dunn, Maria T.; Carver, Yvonne Subject: RE: [External] Re: CAMA: Bpg, Inc and Otter Point Joint Ventures in Dare County Morning all, With these potential changes we will require updated workplans. Doug I would suggest getting up with Yvonne after the agency discussion to review what will need to be updated. MP forms should as well since there would be significant fill impact reductions. Thanks, Gregg From: Doug Dorman <dougdaec@gmail.com> Sent: Wednesday, September 15, 2021 10:11 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Carver, Yvonne <yvonne.carver@ncdenr.gov>; Bodnar, Gregg <gregg.bod na r@ ncdenr.gov> Subject: Re: [External] Re: CAMA: Bpg, Inc and Otter Point Joint Ventures in Dare County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Jimmy, Yes that can be done. Doug Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Wed, 15 Sept 2021 at 10:03, Harrison, James A <James.Harrison@ncdenr.gov> wrote: Doug, Would it be possible to install the entire new bulkhead behind the existing bulkhead? And rather than removing the old bulkhead, just installing the fill over the old bulkhead? I think that's what Maria meant in her previous email (Maria - if that's not what you meant, feel free to chime in). As Maria mentioned, this method would minimize the amount of fill in open water. Thanks! Jimmy ,Jimmy Harrison Ha6itat and Lnhancement Section NC Division of Marine Fisheries james.harrison@ncJenr.gov 2.5 2-9+8-3 8 5 5 (Office) 757-272-52jO (Mo6ile) rV f Email correspondence to and, from this address is subject to the North Carolina Public Records Lmr and may be disclosed to third parlies. From: Doug Dorman <douedaec@¢maiLcom> Sent: Wednesday, September 15, 20218:41 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.ore> Cc: Harrison, James A <James.Harrison@ncdenr.sov>; Carver, Yvonne <vvonne.carver@ncdenr.eov>; Bodnar, Gregg <ereae.bod na r@ ncden r.eov> Subject: Re: [External] Re: LAMA: Bpg, Inc and Otter Point Joint Ventures in Dare County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. I just want to follow up on the previous email. Do you need any more information or revisions from me to move forward with the project? Thank you, Doug Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC27949 252-261-7707 office 252-599-2603 cell On Fri, 10 Sept 2021 at 17:05, Doug Dorman <douadaec@amail.com> wrote: Maria, Yes there will be open water impacts to re-establish the shoreline to the failed bulkhead alignment prior to storm damage but we are not proposing any wetland impacts. We are in the process of getting the wetland line re -verified and there will not be any changes to the wetland line. I agree where there is rip -rap in front of the existing bulkhead it will be easier and less impact if the new bulkhead is installed behind the old one. The section of bulkhead on the south end that is intact does not have existing rip -rap water ward and I thought it would be better to have the new bulkhead waterward than to tear out the existing and create more disturbance. If this is too confusing to discuss through emails and you want to discuss over the phone while looking at the plans maybe we can do that next week sometime. Thank you, Doug Dorman i Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Fri, 10 Sept 2021 at 16:13, Dunn, Maria T. <maria.dunn@ncwildlife.ore> wrote: Thank you for the information Doug. I will need to look at this a little more closely with regard to the amount of fill in open water and potential wetland impacts. The alignment is a bit forward the NWL. It looks like you are stating the erosion happened several years ago. The wetland delineation signed by USACE has also expired. Ideally the alignment should be closer to the existing NWL ' line. I understand there is small section of existing, but since there is riprap in front, it may be easier to install the new behind the existing and cover with riprap. This modification and realigning the proposed bulkhead closer to NWL would minimize aquatic impacts. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 i www.ncwildlife.org 3 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. I From: Doug Dorman <douladaec@email.com> Sent: Friday, September 10, 20213:49 PM To: Harrison, James A <James.Harrlson(—ncdenr.P-oy-> Cc: Carver, Yvonne <yvonne.carver@ncdenr.aov>; Dunn, Maria T. <maria.dunn(@ncwildlife.org>; Bodnar, Gregg <oregg.bod na r@ ncdenr.eo_v> Subject: [External] Re: LAMA: Bpg, Inc and Otter Point Joint Ventures in Dare County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. '!I I� Jiimmy, I Here some pdf drawings if this helps for the review. Doug, ;l i� Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office i 252-599-2603 cell I , On Fri, 10 Sept 2021 at 15:13, Harrison, James A <James Harrison@ncdenr.aov> wrote: I 4 Thanks Yvonne! I wasn't expecting to be working from home this week, so I don't have any of the site plans with me. But that certainly helps to answer the questions! Jimmy Harrison Na6itat and Enhancement Section NC Division of Marine ris6eries ja mes.karrison@ncclenr.W 252-948-3835 (Office) 757-772-5230 (Mo6ile) Email correspondence to and from this address is subject to the North Carolina Public Records Lau, and may be disclosed to third parties. From: Carver, Yvonne <vvonne.carverPncdenr.sov> Sent: Friday, September 10, 2021 2:21 PM To: Harrison, James A <James.Harrison@ncdenr.eov> Cc: Dunn, Maria T. <maria.dunn ncwildlife.ora>; Bodnar, Gregg <greee.bodnar@ncdenr.eov>; Doug Dorman <douadaec@email.com> Subject: RE: LAMA: Bpg, Inc and Otter Point Joint Ventures in Dare County Good afternoon Jimmy, Based upon the application, proposed drawings Sheet 3 of 4 and Sheet 4 of 4 (which shows the proposed riprap at 8' in front of the proposed bulkhead as well as the existing bulkhead piling to be removed and new proposed bulkhead in front of the old piling), my understanding was that the replacement bulkhead was proposed at approximately 2' waterward of the existing bulkhead. However, I am copying the consultant, Doug Dorman, in regard to this query for further confirmation. 5 i Best regards, 9�iecuute Yvonne B. Carver Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 237 vvonne. carver(cDncdenr. aov 401 S. Griffin St., Ste 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. Stay safe; Be well! From: Harrison, James A Sent: Friday, September 10, 2021 12:14 PM To: Carver, Yvonne <vvonne.carver@ncdenr.gov_> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: CAMA: Bpg, Inc and Otter Point Joint Ventures in Dare County Good afternoon Yvonne, I've been reviewing the BPG, Inc./Otter Point application, and I've got a couple quick questions for you. First, the development proposal indicates that they're planning to replace 65 feet of bulkhead that's currently intact. For this portion, are they planning on removing the existing structure and doing a direct replacement within the current alignment? Or are they planning on placing the new section in front of the existing bulkhead? And if they're going to 6 just put in the new bulkhead in front of the existing one, how far waterward will the new bulkhead be from the existing one? Thanks Yvonne! �j Jimmy i jimmy �Jarrison I Ha6itat and E_nhancement Section � I i` NC Division of Marine Fisheries james.harrison@ncderingov 252-948-3835 (Office) 757-272-5230 (Mo6ile) I� I 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 <EIIa.Godfrey@ncdenr.gov> Sent: Friday, August 20, 20213:13 PM To: Donna Creef <donnac@darenc.com>; Owens, Charlan <charlan.owens@ncdenr.¢ov_>; Pelletier, Josh R CIV CESAW CESAD (US)<Josh.R.Pelletier@usace.army.mil>; Padrick, Lee <[padrick@nccommerce.com>; DCR - Environmental Review <Environmental.Review@ncdcr.eov>; Whitfield, Clif <clif.whitfield@ncdenr.eov>; Harrison, James A <James.Harrison@ncdenr.eov>; Harris, David 8 <davidharris@ncdot.¢ov>; Jenkins, Shannon <shannon.ienkins@ncdenr.eov>; Gupton, Sharon <sharon.aupton@ncdenr.gov_>; Walton, Tim <tim.walton@doa.nc.eov>; Moser, Mike <mike.moser@doa.nc.eov>; Hilliard, Wanda <wanda.hilliard@doa.nc.aov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.eov>; Dumpor, Samir <samir.dumpor@ncdenr.sov_>; Thorpe, Roger <roger thorpe@ncdenr.gov>; Pullinger, Robert C <chris pullinser@ncdenr.aov>; Dunn, Maria T. <maria.dunnCc@ncwildlife.ora>; Butler, Rodney A <Rodnet. Butler@ncdcr.aov> Subject: CAMA: Bpg, Inc and Otter Point Joint Ventures in Dare County Good afternoon, 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 `1 sheet will provide the requested comment due date, DCM contact information, etc. This distribution email has a return receipt notification. Please accept the request, as we use that to log receipt of the application. "I Ella M. Godfrey Office Assistant IV Division of Coastal Management INC Department of Environmental Quality 252-264-3901, ext. 231 252-331-2951 (fax) ella.00dfrevCcilncdenr.aov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 nothing Compares-- I� - a Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. httas•//dea nc gov/about/divisions/coastal-management/ RECEIVE.' DIVISION OF COASTAL MANAGEMENT AUG 2 0 2021 APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Bpg, Inc. & Otter Point Joint Venture COUNTY: Dare DCM-M H D CITY PROJECT NAME: Otter Point LOCATION OF PROJECT: 0 Starboard Drive (Parcels #014822088 & #014822087), Kinnakeet Shores, Avon DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-9-21 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Yvonne Carver DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: �,t/!�(� Date 6%M1 2.1 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140) # III(D) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 8-22-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 10-23-21 EMAIL OUT DATE: 8-20-21 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 9-11-21 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 9-10-21 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch IZ ((, u ZoZ i �C�oZoS2 f DWR-401 Section it q zI Zo2l-I1c,0 DWR- Public Water Supply 13/231 x DEMLR- Stormwater�— DEMLR - Sed and Erosion DOA - State Property Office Wildlife Resources Commission a 9 K DMF- Shellfish Section DMF - Habitat & Enhancement 1644 oK w a DNCR - Archives & History QI L DNCR - Natural Heritage Program NCDOT NC Dept of Commerce L Y ROY COOPER Gommor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Greg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, District Manager R•6•IR, RECEIVED Northeastern District, Division of Coastal Management FROM: Yvonne Carver, Field Representative p& SEP 1 6 2021 DATE: 09/15/2021 MP SECTION PRHD SUBJECT: Recommendations for BPG, Inc. & Otter Point Joint Venture Major Permit Application The project location is listed on Dare County tax records as 0 Starboard Drive (Parcels #014822088 & #014822087). The parcels are off Portside Drive and Pony Pasture Drive in the Kinnakeet Shores subdivision of Avon, Dare County. The adjacent waterbody is the Pamlico Sound. The applicants propose to construct 380 linear feet (If) of new bulkhead, to include new return walls, which includes the replacement of 65 If of bulkhead that is currently intact. South of the proposed bulkhead, 85 If of riprap revetment is proposed along the natural shoreline on Otter Point Joint Venture's parcel. The width of the revetment will be 6', and the height will be set at 6" above the adjacent wetland substrate: Continuing north, riprap will be placed waterward of the new bulkhead, with a maximum width of 8' from the bulkhead wall. The project,as proposed will involve the Estuarine Waters, Public Trust Areas, Estuarine Shoreline, Public Trust Shore Areas of Environmental Concern (AECs). 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 .0206 ESTUARINE WATERS (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access D _E Q� 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 "fro+mra� /''� 2522643901 channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Consistent: The proposed development meets the intent of this rule. 15A NCAC 07H .0207 PUBLIC TRUST AREAS (d) Use Standards. 'Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the. particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The applicant proposes to site the erosion control structures at approximate normal water level (NWL), The proposed development meets the intent of this rule. 15A NCAC 07H .0208 USE STANDARDS Paragraph (a) addresses General Use Standards; (1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed bulkhead and riprap are water dependent, and meet the intent of this rule. Paragraphs (a)(2) (A-G) notes that before being granted a permit,.the CRC or local permitting authority shall find that the applicant has complied with the following standards: 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 beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas; development shall comply with state and federal water and air quality; development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources; shall not increase siltation; shall not create stagnant water bodies; shall be timed to avoid significant adverse impacts on life cycles of estuarine a ROEIVED SEP 1 6 2021 AMP SECTION MHD resources; and 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 development as proposed meets the intent of this rule. (b) Specific Use Standards (7)(A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level (NWL); (B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources; (C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead; (D) Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; and (v) the property to be bulkheaded is in a non -oceanfront area. (E) Where possible, sloping rip rap, gabions, or vegetation shall be used rather than bulkheads. Consistent: The site does have an identifiable erosion problem, which was noted on site visits conducted on 03/23/2021 and 06/24/2021. The widest area of erosion was seen on the southern end of the property, adjacent to the remaining 65'± bulkhead wall. There is —55 miles of open water fetch west of the project site that can attribute to the ongoing erosion as well. The applicant also proposes the placement of riprap waterward of the proposed _bulkhead, as well as a riprap revetment to the south for the protection of wetland vegetation. 15A NCAC 07H .0209 COASTAL SHORELINES (d)(A) through (9) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid or minimize adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. Development shall comply with the following standards: all development; projects, proposals, and designs shall preserve natural ba"I lgCo Eq i, E® SEP 1 6 2021 including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines; 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; development projects, proposals, and designs shall comply with the mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973; shall not have a significant adverse impact on estuarine and ocean resources; shall not interfere with existing public rights of access to, or use of, navigable waters or public resources; 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; and shall not encroach upon public accessways nor shall it limit the use of the accessways. (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. Exceptions are noted, and the applicable exception for this project would be (A) water -dependent uses as described in Rule 07H .0208(a)(1) of this Section. Consistent: The proposed bulkhead, return wall, and riprap are water dependent. Activities proposed in the upland area are attributed to backfill associated with the bulkhead installation. The development as proposed meets the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans submitted by the applicant, I recommend a Major Permit be issued based on their current proposal, and subject to the standard permit conditions. SEP 1 6 2021 mp sE-:CTION MHD ROY COOPER ccwno^ Ef.17ANETFI S. BISER smemry BRAXTON DAVIS Wertar August4,2021 1r' J 4uw�d' NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 26557 Fax: 252-247-3330 (Courier 04-16.33) g=:hndnAr@lKd0L' W SUBJECT: CAMAAW Roviow Applicant: Bpg, Inc. & Otter Point Joint Venture Project Location:. 0 Starboard Drive, Kinnakoot Shores Subdivision, Avon In Daro County Proposed Project: Replace and construct new bulkheading and Install now riprap for shoreline erosion control and to regain eroded land Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grena Bodnar at the address above by September 10, 2021. If you have any questions regarding the proposed project. contact Yvonne Carver (252-264.3901. ext. 237) 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" 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. Lee Padrick PRINT NAME NC Commerce RECEIVED AGENCY 19 SIGNATURE 7_lizi B-23-21 AUG 2 3 2021 I MP SECTION MiD —of ®��� Nnrih GtdlnaOrparlmenS dFnekunmentalfhmlltyl Gvlslnn MCnauit Managemrnt nlmbali City Orrice 14Ol5outhenrnn StMI.SU11e3001 MaWhOty,Nmth Camllaa2Nn9 2522613901 ROY COOPER Governor _ -ELIZABETH S. RISER Secretary BRAXTON DAVIS Director August 4, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ.-. Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:.252-247-3330 (Cour1er04-10.33) gragabodnabodnarOncdent'.ov SUBJECT: CAMA/D&F Review Applicant: Bpg, Inc. & Otter Paint Joint Venture Project Location: 0 Starboard Drive, Kinnakeet Shores Subdivision, Avon In Dare County Proposed Project: Replace and construct new bulkheading and Install new riprap for shoreline erosion control and to regain eroded land Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grow Bodnar at the address above by September 10, 2021. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, e)t. 237) 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 yyC Lrr F 1�11�I AGENCY (vh/( Wa11r C�.n414 6'L.ECOVE® SIGNATURE l.t'M'LW yG DATE S a�^ r%af AUG 2 3 2021 MP SECTION MBE® North Carolina.Department of Environmental Quality l Division of Coastal Management Elleabeth City Ofeoc I401South ¢rlfnn $trcet, $ultclQ.01 Elizabeth City, North CaroUna 274Q9. .. ..._.. .... .. D 2SZ264.3901 tk: Bodnar Gregg From: Moore, Bill Sent: Tuesday, August 31, 2021 11 DO AM To: Bodnar, Gregg Subject: Stormwater Comments for CAMA Projects Hey Gregg, Based on the info provided with the CAMA applications, the following projects are exempt from sw permits: Kenny Fisher— Beaufort County BPG — Kinnakeet Shores — Dare County Forehand Beach — Dare County Bill Moore, Environmental Division of Energy, Mineral ani Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Oppe5 fn1 a16m�lpt�YwMntal f1�a111V Engineer Land Resources Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties ROY COOPER Gdwrndr __E1J7,ABE7N S..BISER seaorary. BRAXTON'DAVIS orredor August 4, 2021 M'ENORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Di4tslon of Coastal Management 4o0 Commerce Ave Morehead City; NO 28557 Fax; 252-247 333E (CouRer 04-184$) a�rsatt'Odnaw___ rla7ricdenr:etiv SUBJECT: CAMA/D&F Review Appllcant: Bpg, Inc. & Otter Point Jclnt Venture Project Locatiom 0 StarboardDrive, Kinnakeet Shores Subdivision,. Avon In Dare County Proposed Project: Replace and construct new bulkheading and Install new dprap'forshoreline eroslon control and to regain eroded land Please indicate below your agency's position. or viewpoint on the proposed project and return this torn to Gretna Bodnar at the address above by September 10, 2021. If you have any questions regardingthe proposed project,.contaetYvonne Carver (252-264-3901, ext. 237).when appropriate, In-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additiorial 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 projectfor reasons described in the attached comments. PRINTNAME G�a�jgu!F-�k'i AGENCY — °�"" RECEIVED SIGNATURE DATE $ — 3 t — zaZi SEP 1. 2021 WiP SECTION ARV9D North Carolina Department of Environmental Quagty I Division of Coastal Management, — Ellzabetkcuy0fnce 14013oul4CrirylnpCectUjita00 I.Egzabpthclry, North Garollna27909. .. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Dhector MEMORANDUM NORTH CAROLINA Environmental Qualtry Y ` i 'Cf EI V ED SEP 1 2021 TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charlan OwenfICP, NE District Planner Fs'? S&ECTION MHO Division of Coalital Management SUBJECT: Major Permit Request by BPG, Inc. and Otter Point Joint Venture to install 380 linear feet of bulkhead, including return walls, and 460 linear feet of riprap on the Pamlico Sound; along the shoreline of parcels #014822088 and #014822087 that are accessed from an unimproved roadway located at the western terminus of Pony Pasture Drive at its intersection with Portside Drive in the Kinnakeet Shores subdivision in Avon, Dare County. DATE: August 31, 2021 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The two (2) vacant subject properties have a combined 56.29 acres and approximately .34 mile of shoreline along the Pamlico Sound. The smaller, .62 acre parcel owned by BPG, Inc. is bordered to the north, east and south by the larger, 55.67 acre parcel owned by Otter Point Joint Ventures. Both properties are accessed via an unimproved roadway located at the western terminus of Pony Pasture Drive at its intersection with Portside Drive in the Kinnakeet Shores subdivision. The unimproved roadway branches north to upland areas on the larger property, and extends west through the larger property to terminate at the smaller property near the shoreline. The combined properties include sections of sandy beach along the shoreline with Coastal Wetland fringe, marsh, isolated natural ponds, Section 404 wetlands, and vegetated upland areas. Site elevations are 1 to 4 feet above Normal Water Level (NWL). The combined properties are located primarily within the AE (4) Floodzone, with a small area of upland in Shaded X on a northeast section of the larger property. Existing shoreline improvements consist of 65 linear feet of intact bulkhead, 150 linear feet of damaged bulkhead, and 140.1inear feet of rock riprap. Improvements are located along the southern half of the smaller property's shoreline and extend south along a portion of the larger property's shoreline. CAMA General Permits were issued in April 2005 and April 2008 for a combined 243 linear feet of bulkhead and 74 linear feet of riprap (GP #A41028 and GP #A51703). In March 2021, erosion was noted as ranging between 14 feet to 37 feet along the shoreline. In North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 4 June 2021, further erosion was noted up to 48 feet from the remnant bulkhead landward to Normal Water Level (NWL). Installation of 380 linear feet of bulkhead, including return walls, and 460 linear feet of riprap is proposed. The bulkhead will be installed an average of 10 feet waterward of NWL and a maximum of 48 feet waterward of NWL. Backfill will be composed of clean sand, granite, and/or concrete. The backfilled area will be seeded for stabilization after installation is complete. Approximately 85 linear feet of 6 foot wide riprap revetment will be installed south of the bulkhead along the natural shoreline. The riprap revetment will extend 6 inches above the adjacent wetland substrate. The remaining riprap will be placed waterward of the bulkhead, a maximum width of 8 feet from the bulkhead wall. The waters of the Pamlico Sound are classified as Coastal Waters and as Class SA and HQW waters in this area and are open to shellfish taking. There were no SAV observed within the project area. A review of historic and/or archaeological resources was not provided. Anticipated Impacts resulting from this ,project are expected to include: the filling of .11 acre of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 2,700 sq. ft. of Estuarine Shoreline AEC. Basis for Determination: The Dare County Land Classification Map identifies the subject properties as "Community Residential". As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs) and all federal lands except for the bombing ranges on the Mainland and some state-owned lands in Frisco and Buxton. As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab -shedders." The purpose of the "Conservation" classification is to provide for the effective long-term management and protection of significant, limited, or irreplaceable areas. Land disturbing activities should not occur unless in conjunction with an authorized development. Authorized development should include provisions and conditions that minimize impacts to any natural, cultural, historic, and scenic values of the areas authorized for development. The following LUP policies may be applicable to this request: Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." RECEIVE® North Carolina Department of Environmental Quality I Division of Coastal Management S E P 1 2021 Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 2521643901 AJIP SECTION MHI North Carolina Department of Environmental Quality Division of Coastal Management Land Use Compatibility: MEMORANDUM Page 3 of 4 RECEIVE® SEP 1 2021 Archaeological/Historic Resources Policy LUC#15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." Policy NH#3, Page 180. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." North Carolina Department of Environmental Quality" I Division of Coastal Management DBE Elizabeth City office 1401 South Griffin Street Suite 3001 Elizabeth City, North Carolina 27909 on.rm N /' 252.2643901 North Carolina Department of Environmental Quality Division of Coastal Management Policy NH#5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." Water Quality: Stormwater Policy WQ#5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features. Properties immediately adjacent to SA classified waters should be developed consistent with the dimensional standards and lot coverage limitations of the Dare County Zoning Ordinance. Vegetative buffers and other low -impact development methods identified by the UNC Coastal Studies Institute are appropriate tools to address stormwater runoff adjacent to SA waters." Wetlands Policy WQ#10, Page 192. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkhead where these other techniques may be equally effective in abating a shoreline erosion problem." Fisheries Resources Policy WQ#11„ Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend. Dare County supports measures to protect and preserve designated primary nursery areas by the Division of Marine Fisheries..." MEMORANDUM Page 4 of 4 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth Cry, North Carolina 27909 I 2522643901 S EDq 2021 VIP SECTION MH® ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 4, 2021 :s NORTH CAROLINA Environmental Quaaly 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.hadnarCtilnedenr gov SUBJECT: CAMA/D&F Review Applicant: Bpg, Inc. $ Otter Point Joint Venture Project Location: 0 Starboard Drive, Klnnakeet Shores Subdivision, Avon In Dare County Proposed Project: Replace and construct new buikheading and Install new rtprap for shoreline erosion control and to regain eroded land Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greala Bodna►at the address above by September 10, 2021. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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" Y. 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 6XWA- 1'Mt�pA1 �/ g4Gt�GaNbte— U/Of AGENCY ` L!.f SIGNATURE DATE 64V(2-1� SEP 8 2021 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Grlfnn Street, Suite 3001 Elizabeth City, North Carollm27909 252.2643901 ROY COOPER Govemor _ ELIZABETH S. BISER Secretary BRA3CTON DAVIS Director August 4,2021 MEMORANDUM: NORTH CAROLINA Eitvlronmenral 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) ereee hodnarCla ncdenngov SUBJECT: CAMA/D&F Review . Applicant: Bpg, Inc. & Otter Point Joint Venture Project Location: 0 Starboard Drive, Kinnakeet Shores Subdivision, Avon in Dare County Proposed Project: Replace and construct new bulkheading and Install new riprap for shoreline erosion control and to regain eroded land 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 September 10, 2021. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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 for Shannon Jenkins DATE 9/9/2021 if'a ILEE I Cy E D SEP 1 4 2021 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suae3O01 Elizabeth City, North Carolina 27909 2SZ2643901 Receiy_ed: 9/15/2021 -ilstarte-Preservation Office - ROY COOPER Governor --_ELIZABETH S. BISER Secretary BRAXTON:DAVIS Director August4, 2021 MEMORANDUM: NORTH CAROLINA 'Environmental Quality ER 21-2128 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:252-247-3330 (Courier04.16-33) gregg.bodnar@ncdenr.gov SUBJECT: CAMA/D&F Review Due: 9/20/2021 09/20/2021 No comment -NCH Applicant: Bpg, Inc. & Otter Point Joint Venture Project Location: 0 Starboard Drive, Kinnakeet Shores Subdivision, Avon in Dare County Proposed Project: Replace and construct new bulkheading and Install new riprap for shoreline erosion control and to regain eroded land 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 September 10, 2021. If you have any questions regarding the proposed.project, contact Yvonne Carver (252-264-3901, ext. 237) 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** 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 AGENCY Historic Preservation Office SIGNATURE _ (J y.1WLA " DATE 09/23/2021 S E P 2 3 2021 f01P SECTION MHD North Carolina Department of Environmental Quality l Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street Safte3O.o I. Elliabethaty, North Carolina 27999 . _. ROY COOPER Governor ELIZABETH S. BISER secrehuy BRAXTON DAVIS Director August 4, 2021 NORTH CAROLINA EloWronmental 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) =eg.bodnaroncdenn gov SUBJECT: CAMA/D&F Review Applicant: Bpg, Inc. & Otter Point Joint Venture Project Location: 0 Starboard Drive, Kinnakeet Shores Subdivision, Avon In Dare County Proposed Project: Replace and construct new bulkheading and Install new rlprap for shoreline erosion control and to regain eroded land Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gran Bodnar at the address above by September 10, 2021. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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"* 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. James Harrison No comment, as long as updated work PRINT NAME plans are adhered to AGENCY NCDMF -JAH, NCDMF 9/21/2021 nn ,/ SIGNATURE l_l2f�to2 Wa.4La6 )Z, DATE 21U September 2021 RECEIVED S E P 2 2 2021 MP SECTION MHD pEQ� North CarcltnaDepartment ofEnvironmental Quality IDivision ofCoastal Management Fizabeth city office 1401 South Qnffin Street, Suite 70.0 I Elizabeth City, North Carolina 27.909 2522643901 rr i ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS —Director August4,2021 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project: Environmental Quality c.•2I,DB.orp.bl RECEIVED SEP 2 8 2021 Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ- Division of Coastal. Management 400 Commerce Ave., Morehead City, NC 28557 j SECTION �� Fax: 252-247-3330 (Courier 04,16-33) g�gg 6o imrCilii d nr CAMA/D&F Review Bpg, Inc. & Otter Point Joint Venture 0 Starboard Drive, Kinnakeet Shores Subdivision, Avon In Dare County 1" Replace and construct new bulkheading and install new riprap for shoreline erosion control and to regain eroded land Please indicate below your agency's position or viewpoint on the proposed, project and return this form to Grego Bodnar atthe address above by September 10, 2021. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext: 237) when appropriate, in-depth comments with supporting data is requested. Y: A ditlonal comments may be attached — his agency has no comment on the proposed, project This_agency approves of the project only if the recommended changes are incorporated. See attacked. b Ey-�_J This agency objects to the project for reasons described in the attached n� AAcomments. PRINT NAME tV to 1 1 1 • I _ in !2� N CAY�JR.0 aVjXfhr A AGENCY 1AC4,)1zC.._ SIGNATURE DATE -2 - >L d (Ttc { nr i-e'Q � rlF�te_n 1n d� cr -Iv tnr-h-�Q -11<e b,,l kh � fi� ,xXtslt,*c�t U�d �112�1aUj . North Carolina Department ofEnvimnmentalQuality I DlvlslonofCoastal Management Mobeth Gty Office 1401 South Criffin Street, Sultej00I EhzobethQy:Norlh Cam1ma27909 252.2643901 t ROY COOPER Governor JOHN NICHOLSON Interim secretary S. DANIEL SMITH Director BPG, Inc & Otter Point joint Ventures Mark Bissel & George Goodrich PO Box 1068 Kitty Hawk NC 27949 NORTH CAROLINA Environmental Quality November 9, 2021 RECEIVED NOV 9 2021 tl? SlECTION MHD DWR # 2021-1260 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS BPG and Otter joint Venture - Starboard Drive - Shoreline Erosion Control Replace and Construct new bulkheading and new riprap for erosion control and regain eroded land. Dear Mr. Bissell and Mr Goodrich: 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 August 02, 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 Attached Permanent Temporary Open Water - Fill S-1 .11 (acres) 0 (areas) Plan Sheets 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)] 3. 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 026.0200 (3)(0] 4. 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; North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carohna 27889 252.946.6481 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. A S. This approval and their conditions are final and binding unless contested. [G.S.143-215.51 These Certifications can be contested as provided in Articles 3 and 4 of General Statute ISOB 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 hUp,//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 8:0Oam and 5:00pm, excluding official state holidays). The petition may be 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: If sending via US Postal Service: Office of Administrative Hearings- 6714 Mail Service Center Raleigh, NC 27699.6714 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 Ifsending via delivery service (UPS, Fed Ex, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Act Please contact Tina Martin at 252.948-3844 or tina.martin(@ncdenr.gov if you have any questions or concerns. Enclosures: GC 4175 Certification of Completion cc: Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Gregg Bodner, CAMA (via email) Yvonne Carver, CAMA (via email) Mark Bissell (markCalbissellorofessionalgroup.coml Atlantic Environmental Consultants, LLC (dougdaec@gmail.com) Laserfiche/DWR file copy RECEI EED NOV 9 2021 Don 0% :> North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943,Washington Square Mall,1 Washington, North Carolina 27889 ffm m�^d. ro �' 252.946.6481 tS U L'K H L A1J �...8 �. b 6 o00 �...1 ,-P'AMIUC0...-S0t1N 6.:.1 oa r Y<.�y�) 00 k �. �... �... �... �... �... �... �... ^>,IY Op A �...J �...J �...1 �...J �...J �PROPOSED�... I RP R o a <5 �...1 �...1 �...J ,....J �...J /.... J �. 1 0o �...1 �...1 PPOPOS.ED,.OPE�...1 ; •g0'--� �WgTER _PACKFILL,`�...1 PROPOSED BULKHEAD TO BE J INSTALLED LANDWARD OF EXISTING BULKHEAD 1 ry• pry' A �...1 �...1 �...1 �...J �...J �... o y J3, 0 �.0 �.O 00 0 I ,0 o0 Guess_/ N �57 �.�. 5�11 �...1 r....1 �...1 /..�( �� MEN`f 85'FF E�* 0 0 -. u�sD' EXISTING POND I 'ENV CONNECTED T6 POU(ND '.j I o/ I 1 D N 1 /\ lllltAV, 1dlt 404 JURISDICTIONAL WETLANDS v VERYFIED BY USACOE IL: ACTION ID:SAW-2016-01004 A> >Y;>' '. I �.v< /K v> EXISTING BULKHEAD C PROPOSED RETURN I WALL 30'rd— (_� N/F i� BPG, INC. \ i4iC1 WETTLLANDS111,,77155F !h 1 0.e mn°�Fn• N/F OTTER POINT JOINT VENTURE DB. 860, PG. 48 & COASTAL WETLAND LINE SHORELINE STABILIZATIO1 BPG, INC. & OTTER KINNAKEET SHOR AVON - DARE COUN 25' 0' 5.0 100 150' GRAPHIC SCALE 1"= 50' 07/14/21, 08/02/: DATE: 06/08/21 REVISED: 09/20/21 Regulatory Division SAW-2021-002052 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue. Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED DEC 17 2021 MP SECTION MND Please reference the application of Mr. George Goodrich for Department of the Army authorization and a State Water Quality Certification to construct 380 If of new bulkhead, to include new return walls behind the existing bulkhead and average distance of 10' waterward ofNWL, with a maximum distance of 48' waterward of NWL with associated backfill and place approximately 355 - 375 If of riprap will be waterward of the new bulkhead a maximum 8' from the bulkhead wall, located adjacent to the Pamlico Sound, at 0 Starboard Drive, Avon, 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. ..+V 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 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 pernittee 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 les out waerrf Vrroot considered significant. " DEC 1 � 2021 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 protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne- 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. Ian McMillan 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 Pvers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Sincerely, 2��PType text here Jsh Pelletier Regulatory Project Manager DEC 1 7 2021 MP SECTION MHD L Atlanta, Georgia 30303 Ron Renaldi, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management PPCEIVED DEC 1 7 2021 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: BPG, INC. (George Goodrich) & OTTER POINT JOINT VENTURE (Mark Bissell) 2. LOCATION OF PROJECT SITE: 0 Starboard Drive (Parcels #014822088 & #014822087), off Portside Drive and Pony Pasture Drive, Kinnakeet Shores subdivision, Avon, Dare County; adjacent the Pamlico Sound Latitude: 35°20'13.45"N Longitude:75°30'58.79"W 3. INVESTIGATION TYPE: CAMA / D&F INVESTIGATIVE PROCEDURE: Dates of Site Visit — 03/23121, 06/24/21 Was Applicant Present — Agent/Yes; No 5. PROCESSING PROCEDURE: Application Received Complete — 08/09/2021 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare Land Classification From LUP — R-2 — Medium Density Residential (B) AEC(s) Involved: EW, PTA, ES, PTS (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Remnant bulkhead/riprap Planned — Bulkhead & riprap (G) Estimated Annual Rate of Erosion: 10'+ Source —Applicant & Site Observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A N/A N/A (B) EW/PTA N/A 4,615t sf N/A (C) ES/PTS N/A 2,700t sf Backfill/grading N/A (D) Total Area Disturbed: 7,315t sf (0.17 acres) (E) Primary Nursery Area: N/A (F) Water Classification: SA; HQW Open to shell: Yes 8. PROJECT SUMMARY: The applicant proposes to replace and construct new bulkheading, as well as install new riprap, for shoreline erosion control and to regain eroded land. RECEIVED AUG 2 0 209, BPG, INC. & OTTER POINT JOINT VENTURE Field Investigation Report Page 2 Project Setting The development site is located in the Kinnakeet Shores subdivision at 0 Starboard Drive, which is off Portside Drive and Pony Pasture Drive in Avon, Dare County. The adjacent waterbody is the Pamlico Sound. Currently the properties are vacant land with uplands that transition to marsh acreage. The only man-made features onsite are the southern portion of bulkhead wall that travels north to the remnant bulkhead structure that consists of pilings and walers, and rock riprap, broken pilings, and what appears to be a concrete block that may be the remains of an old septic tank. However, aerial photography dating back to 12/13/1978 did not portray a residence. BPG's sound -front lot, Parcel #014822088, is approximately 27,000 square feet (sf) [0.62 acres), with an area of sandy beach that ranges from approximately 14't wide to the north to approximately 22'f feet wide to the south. There is a natural pond located on the north end of BPG's parcel that currently has no connection to the Sound. Vegetation around the pond includes 404 jurisdictional wetlands verified by the USACOE, Phragmites australis, black needlerush (Juncus roemerianus), and Salt meadow hay (Spartina patens). Due to the elevation south of the pond and a scalloped sand bar in front of the pond, Coastal Management will not claim the vegetation as a coastal wetland; however, the patens located along the shoreline to the north would be claimed as a coastal wetland, supported by the evidence of regular and irregular flooding and wrack line. Otter Point Joint Venture's land area for Parcel #014822087 is 55.67 acres, and is located to the north, south, and west of BPG's parcel. The upland area of BPG's and Otter Point Joint Venture's lots were vegetated with live oaks (Quercus virginiana) and eastern red cedar (Juniperus virginiana), as well as salt meadow hay. Some of the live oaks have been undermined by erosion and affected by salt spray. There is a hummock just landward of Otter Point Joint Venture's bulkhead wall that is still intact. This high, sandy area was noted to have patens and glasswort (Salicomia sop.), but did not have evidence to support the vegetation as a coastal wetland. The southern shoreline of Otter Point Joint Venture was vegetated with patens and phragmites. Coastal Management would claim the patens as a coastal wetland, supported by the evidence of regular and irregular flooding and wrack line. Otter Point's upland area, south of the access road, has an existing pond onsite. It is surround by similar vegetation as previously noted in this report, as well as salt marsh morning glory (Ipomoea sagittate) and other non -coastal vegetation. Erosion noted on a site visit dated 03/23/2021 (measured east from the remnant bulkhead) ranged from 14' from a piling to the north on BPG property, traveling south to a measurement of 20', to the deepest area of erosion of 37' on Otter Point Joint Venture's shoreline. Aerial photography supports the fact that the bulkhead was damaged and land was lost during Hurricane Florence in 2018, and the shoreline was further impacted by Hurricane Dorian and additional storm events. A follow-up site visit on 06/24/2021 confirmed that there had been further erosion since 03/23/2021, with the widest area noted on the southern end of the parcel owned by Otter Point Joint Venture and is depicted as 48' from the remnant bulkhead to NWL. The northern shoreline of BPG had eroded such that the concrete blocks (previously sited on the sandy beach) were currently below the NWL. The elevation for these parcels ranges from V to 4' above NWL. RECEIVED AUG 2 0 ,n?i BPG, INC. & OTTER POINT JOINT VENTURE Field Investigation Report Page 3 Prior CAMA permitting history on the project site includes the following: General Permit #A51703 issued to Eddie Goodrich, Otter Point Joint Venture, on 04/03/2008 for 160 If of bulkhead for an average distance of 4 NWL for the parcel located off Portside Drive; General Permit #A41028 issued to Hatteras/Kinnakeet Associates on 04/18/2005 for 83 11 of bulkhead and 74 If of riprap for their parcel adjacent Goodrich off Portside Drive in the Kinnakeet Shores subdivision. The Pamlico Sound is classified as Coastal Waters, and is located within the Pasquotank River Basin. Water depths vary from -0.5' NWL to -1.0' NWL on the east side of the remnant bulkhead, and -0.5' NWL to -2.5' NWL on the west side of the remnant bulkhead. There is - 55 miles of open water fetch west of the project site. The Division of Environmental Management's water classifications for the waters of the Pamlico Sound are SA and High Quality Waters (HQW). The area is not located in a PNA, and is open to shellfishing. There were no SAV's observed within the project area. Development Proposal The applicants propose to construct 380 If of new bulkhead, to include new return walls. This alignment includes the replacement of 65 If of bulkhead that is currently intact. The average distance for the alignment is 10' watenvard of NWL, with a maximum distance of 48' waterward of NWL. The total sf of backfill for the replacement bulkhead below water level is 4,615t. The fill material proposed is clean sand, granite and/or concrete. The backfilled area will be seeded for stabilization after installation is complete. South of the proposed bulkhead, 85 If of riprap revetment is proposed along the natural shoreline on Otter Point Joint Venture's parcel. The width of the revetment will be 6', and the height will be set at 6" above the adjacent wetland substrate. Continuing north, approximately 355 — 375 If of riprap will be placed waterward of the new bulkhead. The maximum width of this riprap alignment will be 8' from the bulkhead wall. The total sf of riprap below water level is 3,510t. The approximate sf of land disturbance during this project is 2,700. There is no upland development proposed at this site. Anticipated Impacts The installation of the bulkhead and riprap, with associated backfill in the water, will result in the filling of 4,615t sf of Estuarine Waters and Public Trust AECs'. Upland backfill and grading will result in 2,700t of land disturbance in the Estuarine Shoreline AEC. Temporary water turbidity will occur during construction of the water -dependent structures. Submitted by: Yvonne Carver Date: 08/17/2021 RECEIVED AUG 2 0 2021 DCM-MHD CITY IVED AUG 01 2021 PROJECT NARRATIVE Otter Point CAMA Major Permit i:.,)CM- EC July 14, 2021 Proiect Description: The subject property is located at 0 Starboard Drive off Portside Drive in the Kinnakeet Shores subdivision in Avon, Dare County, North Carolina adjacent to the Pamlico Sound. This is a joint application between BPG, Inc. and Otter Point Joint Ventures to repair, replace and add to the existing bulkhead, rip -rap shoreline. The attached images in figures 1 & 2 from 2017-2018 show the approximate time period when the bulkhead failed and the backfill was washed out. The most likely source of the bulkhead failure and significant erosion occurred during Hurricane Florence in 2018. The purpose of the proposed shoreline stabilization is to reconstruct the bulkhead and regain lost land from Hurricane Florence in 2018 and additional storm events since the bulkhead failure. There are no current plans to develop the property. The main goal of the project is to re-establish the shoreline protection for future use of the property. The property is zoned for residential use in the Kinnakeet Shores subdivision and could be developed under these guidelines. The proposed improvements include the construction of a 380 ft of new bulkhead to replace the existing 65 ft of intact bulkhead, replace the failed 150 ft. bulkhead section, and install 125 ft. of new bulkhead to extend north of the existing failed bulkhead. A new bulkhead is proposed at the existing location and backfill will replace lost material eroded landward of the current bulkhead lignment. The existing 140 linear feet of rock rip -rap will be enhanced with additional rip -rap waterward of the proposed bulkhead to provide additional shoreline stabilization. An additional 85ft rip -rap revement will be placed along the existing shoreline south of the return wall on the Otter Point Joint Venture property. Existing Shoreline Protection: Existing bulkhead intact............................................................ 65 Ln.ft. Existing bulkhead damaged.......................................................150 Ln.ft. Existing rock rip-rap.................................................................140 Ln.ft. Proposed Shoreline Protection: Existing bulkhead to be replaced/repaired....................................215 Ln.ft. New bulkhead.......................................................................125 Ln.ft. Bulkhead return walls(2).......................................................... 40 Ln.ft. Total = 380 Ln.ft. New rock rip -rap (includes adding to existing)...............................460 Ln.ft. RECEIVED AUG 2 0 2021 DCM-MHD CITY 1s IV Construction Techniques: AUG 0 1 2021 UCM.-EC The bulkhead pilings and sheathing will be hydraulically, and pile driven. When bulkhead construction is complete fill material will be trucked in to back fill the new bulkhead. The new rock rip -rap will be trucked in from an outside source and placed waterward of the new bulkhead with an excavator. Submerged Aquatic Vegetation (SAV) Analysis: An SAV (subaquatic vegetation) survey was conducted on June 13, 2021 by Doug Dorman of Atlantic Environmental Consultants, LLC. There was no SAV landward of the existing bulkhead and SAV growth was absent to sparse 75 feet waterward of the bulkhead. Wetland Delineation: A wetland delineation was completed by Atlantic Environmental Consultants, LLC and verified by the US Army Corp of Engineers on May 19, 2016. A copy of the Approved Jurisdictional Determination signed by Kyle Barnes is included with the application. 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 AUG 2 0 2021 DCM.MHD CITY RCf t�_f VED AUSa22021 Otter Point Shoreline Images from 2017-2018 DCM-EC RECEIVED AUG 2 0 2021 DCM-MHD CITY t v -k%ivy � ! J rI �� �. .fl. •Y j; A �Ahk A .rtY. . sky 1. 1 Gmail - Pre -Filing Meeting Request Acknowledgement - Otter Point https://mail.googic.com/inail/u/0?ik=6f76ba I c92&view=pt&search=... M Gmail Doug Dorman <dougdaec@gmall.com> Pre -Filing Meeting Request Acknowledgement - Otter Point 1 message Iaserfiche@ncdenngov <laserfiche@ncdenr.gov> To: dougdaec@gmail.com 8 June 2021 at 14:11 The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Otter Point that you submitted on 6/8/2021. Attached is a copy of your request. All certification requests (applications) must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. The Division can not accept an application for your project earlier than 30 days from this pre - filing meeting request. Applications that do not meet this 30-day requirement will be returned. Please save this email/attachment; it must be submitted with your application to document that this requirement has been met. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. ,!3 DWR Pre -Filing Meeting Request Form.pdf 50K RECEIVED AUG 2 0 2021 DCM-MHD CITY f"EC EIVED JUL 292021 DC M-E C I of 1 7/14/2021, 10:57 AM 3 O eoox 1984 PAGE 461 (3) \A� XA'\ 700004598 1 E COUN] NO. J." REAL ESTATE TRANSFER TAX Rtrco(ded: 10/30/2014 D3:13:23 PM BY: Claudia Harrington Va IN)IN MOMxn Smith, Register of Deeds Owe County, NC Fee Amt $20.00 NC EMN TO $85.00 na ' ! Ta. Cnfl ^ntor Ce,:ifim lon That No Dplinquo.e. T.xcs Are Due. Date f(� ig By Certiftation emires Jan. 61h of the year folloa9ng certification dale. Deed prepared by CLOyty Marylynn Cahoon To IIPG, 4, 1? Po 80C 1049, 14rrkt14..Kd7C 11441 O STATE OF NORTH G$ROLINA COUNTY OF DARE Party of the First Part: Jobb@_W uglas Doughtie Shent�4f Dare County VV� Party of the Second Part: BPG, Inc. d SHERIFF'S DEED O This dad made and entered into the 1 day of October 2014, by and between John Douglas Doughtc, Sheriff of Dare Co North Carolina, Party of the First Pan, and BPG, Inc., Party of the Second Part, Who dress is: P. O. Box 1068, Kitty Hawk, North Carolina 27949. CK 01/ 110 yz� WHEREAS the Party of the First Part, being duly liakilsed thereto by an execution issued upon a certain judgment docketed in the Office of the erk of Superior Court for Darete County in a proceeding entitled File I ICY8765, and auc advertisement in accordance with the law, did offer for sale and did sell, o lic auction for cash to the highest bidder, at the courthouse door in Dare County, No line, on the 13'" day of August 2014, the real property herein described when and the Pany of the Second Part becamm e the highest bidder for the sae at the price of $4 .00. RECEIVED JUN252021 DCM-EC RECEIVED AUG 2 0 2021 DCM-mHo CITY Book 1984 Page 461 O WHEREAS, more than ten days have elapsed since the report of said sale was filed with the Clerk of Superior Court and no increase bid has been filed, and said sale having been confirmed by order to the Clerk of Superior Court, and the Party (parties) of the Second ,,r>• Part, has (have) fully paid the amount of the bid to the Party of the First Pen; SNOW THEREFORE in consideration of the premises and in further consideration of the t;*l of $42,500.00 in hand paid to the Party of the First Part by Party (parties) of the mccond Part, receipt of which is hereby fully acknowledged, the said Party of the First Part given, granted, bargained, sold, and conveyed, and does hereby give, grant, bar sell and convey unto the Party (parties) of the Second Part, his (her, their) heirs and e�� ns, all of that lot, tract or parcel of reel estate located in Dare County, and desert ps follows: All that cii i lot pr parcel of land together with any and all improvements thereon situated in k0_Vkeet Township, Dare County, North Carolina, and more particularly described as f6jllows- All those certain tracts or parcels of land located and being near the Village of Avon, in Kinnakeet Townshioare County, North Carolina, bordered by the United States Department of Inlenapn the East, the Pamlico Sound on the West, Askin's Creek Subdivision on the Soig and lands now or formerly owned by Riley Midgett et al, Wallace R. Gray, Tillettl4titor, Inc. and others and known as, designated and being all of Tract A, Tract B, Tract CvM Tract D, except as hereinafter stated, as shown on a map or plat by Triangle Engineerirqind Surveying, Inc. , designated "Boundary Survey of Phipps Estate for Green velopment Corporation" dated October 25, 1978 and recorded in Plat Cabinet A, SI 121, Dare County Registry, reference to which is hereby made for a more panic mription of the lands herein conveyed. Saving and excepting, however, all "se certain lands contained within the outer boundaries of the Subdivisions knowos Kinnakeet Shores -Phase One, and Kinnakcet Shores -Phase Two, as shown on those &3qain maps or plats thereof recorded respectively in Plat Cabinet B, Slide 9 and Plat Cabirfct' , Slide 211, in the once of the Register of Deeds of Dare County, North Carolina reiii to which maps are hereby made for a more particular description of the lands ex`_'LWV�_jj`,((�' from the conveyance. And further saving and excepting all those conLeyances of lots, parcels, tracts, or undivided interest in said real property previously conveyed by Kinnakeet Shores General Partnership! the waste water treatment facility/��p'arcel as more particularly shown and delineated on the map or plat of Bissell Professioaat Group dated October 15, 1998 and titled "Kinnakeet Shores Waste Water Treatment t'; water distribution lines conveyed to the Cape Hatteras Water Association; was ter lines, laterals and lift stations, and the cemetery area and access ways thereto Iii1lin the property boundaries; waterfowl hunting license granted to Mark Parker et al exception listed in Schedule B of Safeco Title Policy # 1468-OP-16139. To th ten[ not previously conveyed or an interest therein transferred, there is further coon yed, transferred and assigned by this instrument all of Grantor's right, title and intcre$ln its development RECEIVED AUG 2 0 2021 DCM-MHD CITY RECEIVED )UN 2 5 Mi DC,9�11'E:.0 Book 1984 Page 462 G 1 O rights, governmental approvals, wetland delineations and surveys, Dare County 0 subdivision phase approvals, Flom and Fauna account; and to the extent allowed by the agreement and by law, the trust funds held by John G. Gaw, Jr. as trustee pursuant to the �• Waste water repair and maintenance agreement with Dare County; and subject to the right of others in and to all roads, streets, parking areas, common areas together with Vlimprovements thereon, utility and pedestrian easement of record and the rights and �""''ri��vilcges reserved by the Grantor in the Declaration of Covenants and Restrictions precluding subsequent amendments thereto) of record in the Dare County Registry. TO 1 E AND TO HOLD the above described premises an all privileges and appurtenances thercu ppemd ing to the said Patty (parties) of the Second Pan, his (her, their) heirs and assigns, o only use and behoove forever in as full and ample his as said Party of the First Part i thorized and empowered to convey the same. Revenue Stamps, Transfer taxes and ad valorem are the responsibilities of the Percy of the Second Party. rN WITNESS i4ffiREOF, the said Party of the Fist Part has hereunto set his hand and seal, the day and year first above written. •KL.'.• (mil) — — O John Douglas Doughtie Sheriff of Dare County iJs h_f1�' •� I I r n . Notary Public in and for the County of Dare, do ratify that John Doug pdughtie, Sheriff of Dare County, personally appeared before day and acknowledge the " execution of the foregoing deed es his own official set and Y' �fv ._�. �_�"v 4 L and official seal, this _20 2014 _day of _ � i rN� �• - u y 2`(j�r����J J�rission expires JrL����,�;, otary Public �PouN STE OF NORTH CAROLINA C� s� COUNTY OF DARE The foregoing certificate of _.-_. is certified to be ourreet. O This instrument and this certificate are duly registered at the gaty ersd time and in the Book and Page shown on the front page hereof C By: . RegisterofDoods Assismn RCgister of Deeds 16 0 D �0 RECEIVED AUG 2 0 20 DCM-MHD CITY RECEIVED JUN 2 5 2021 DCM-EC Book 1984 Page 463 n •� STATE OF Real Estate tJQP1.INAt-�t�ji---T'—_ CA ea:rea 14 6 0. C 01 _: �V'C' LEI 1 ! 50.. t • s � (� RBv. j s o�"oo f .1. . aaww a. Tax Lot VafMd M......... ER86OPao 048 tt U FILED 93 MR 29 Pn 1 16 DORRIS A. FRY REGISTER OF DEEDS DARE COWITY, N.0, won .... Parent Idadau Na............ ...... _......... ...................... ..._.._.... eathe ................ day of ................. ....... — ....... _._............. I&.......«. man attar rooercline ro ............. oTe..Ge...G.eMe..rZF.,.<...AOs.V.EM11X..pt...Gae........ ......._......_.._..__._..... ..... .«................. ........... ... ................... .................... ...._P.O._Box,,,189Ue., RitI:X., !la!r1cx.. 11C_27009 ............... . This latraeualwa .......... ......._......._.................................. Bon rlst dorlpllon for the Inpronged y NORTH C1R20LINA GENERAL WARRANTY DEED THIS DRIED used, thin . 7th..... deto................APf 1........._...._.,.......... ..., 19..1?, by and between GRANTOR GRANTER OTTER POINT JOINT VENfURR, KINNAKEET SNORES GENERAL P RBHIP JOHN C. WM and e North Carolina Portnershi . l GEORGE E. COMICS, Joint Venturers P.O. Box 358 Avon, NC 27915 41r le amMa.. Me<t ter each eutr, ar, a/drwa end, l��j�w. <W<I<r et cWp, or pa,wd* The assignation Graotor and Grantee as used heron ehdl Include said partyµ their help, successor, and sonless, and shall Include singular, plural, m-- ullns, fominla or neuter an required by context WITNEEBRTN, that the Grantor, for a valuable eondderallon gW by the Brantµ the receipt of which In hereby •<knowledad, has and by thaw presents dean root bargain, set convey eeb the Granten In fa slmple. all that evtaln lot or pare#] of land situated In the City of .......nLa _ .. /."� __._.., ._._HAttaru.__....._.___.. Township, ➢are. County, North Carolina and non part c.I'.1 ly�yscribed a follow: Sea Exhibit "A", attached hereto and incorporated hrr%n as referenced. The said Grantees, John C. Nynn and George E.ylloodrich, as part of the consideration for this conveyance aura to assume that certain deed of trust from Kinnakest Shores Ben r�l Partnership, a North Carolina General Partnership, recorded in Book 825, Page 150, in the Dare County Public Registry eacurIyQ q note and indebtedness in the original amount of 8200,000.00, WQgat her with all accrued interest thereon and the grantees agre6d..Pubo pay said Principal and interest in accordance with its ('terms and conditions and an the same maybe modified from time to one. a... A<, Auw. I.— No a a alM arm, ran. 3., CEIVED JUN252021 DCM-EC RECFIVI�D AUG 2 0 2C21 DC"-MHD CITY Book 860 Page 046 rE' eK860Pc0019 Tbe Ptnpr(()eHLaben de orlbod wee acquired by Grantor by instrument recorded In A mY►mlowlog % boom deeeribod pmparb Y H rded Y Plat B"k .....__ _... _.. . PW........... ........ .. TO HAVE AND 7 OId) the aforesaid lot or parcel of Led and all prlvllyes and appurtenances, thereta belonging to Lee Grantee In 1" �ss(��t�s.(��000VVVpp]a. And the Gnetor cov qqj1st with the Grantee, that Grantor is Raised of the premises In tee Impls, has the right L convey the same In fee dmpie. Ft tilt,,. 1, Inuk.tabl. and free and clear of all encumbnneY, Red th.t Gm.tar will warrant sad defend the title Valnat tlI lawful cl.iw of all persona whomswvsr upset for the .xe.ptlom hereln.f o, stood. Title W the proporty haroinabovs described 1. subject to the follovinr exception.: General utility someoenjjditt and rights of vay of record. Ad valorem taxes subaebpdnt to 1992, not yet due and payable. Restrictive covenants or>ecord. O Exception is madeXft that certain Deed of Trust from Rinnakeet Shoran Oeneral PartN"hip to Patricia W. Wynn recorded in book 825, page 150, Dare \90 unty Registry. 1ey-, w_u :ru:Rir IN eW �iliiYIs �Illrs. Rea wxii .p w u..ut:.m:.i' n •:mow J Y. ae Iss e i Dirirws�w mYNr(w tam 7- RINNAaEIiT SNORES GENERAL PAUNMREIP, ._-_......_......................... ......._-.__...- :r ....A.North_frmlitt�3ertmauhip.._....._....<auu .., in ......... ............... ..... __ _- -.o ! tc.r..w m..n _---- ------------------------_...H..r .near, Lc...... Y W hrtmmr aaabarAYe ...T. r..OL.wA................................... L• Mmr> R\IY N am I W WY IoNN L 0rW> Not .................... .................... r.ruuW .rrnu. \rbrr Yr LW W W waayMaN w eveeNw x w onRW YSY.Ys4 w1Nr q iLes. •...rM1eYl name w w4 am ........ tlI Mye(�y.y................................... Y...... Yr raa.I..Y• sal. .................... _ ....................... ................ aware a4Y 'RECEIVED JUN252M a DCM-EC eutrtt.W xORcH CAROLINA. ................... ....0 r r 1. • ..I, even. Isw seems, m a MW YY•WL n l.Yu.. , .........x.......... .. .... N \) w.,.ury ao to.. o Yb ey W uH,.whpN wl .- a Y........................... aWY9 Y .. ...... ..... ...................... a Nsrta ran es,Nnllvn..nd Y•t N nmYY/ aYr • •Q .1. sad As A. Mt al r ,.Omni" W tofYW wlne,ret � t Ire,Neat WN mM IY s ---. -- • �j• 0 MIs,W W W stYW RI ...._- w ........................... Re•.eYq. wlu.0 v Wa W s11mW maw ee RRRA Yb ..-._. W .1 . ..A..._---.. Y......... r.. YI rsmYlNee eaellYl ............................. ............0................. mmmy t aw r•1 f 1b Mee.l.l C..,Iaw•. N ........................ ....._..— ... ......—---------------- r —...... ..... ... .. .... .....—......—...........:...... ............................. ... ... ....................................... ....................................._............... .....—.—.............. �,�i /.r. ew YiC Y M w,rwa M YYW.Y W Y xrMM,. w Wt nRIm,N ae Ys .sm aa. W M Y IAs W M Mw H Y t.S .... ......— ..................... .. ....— ... ....w ims of DALD, ro..................... +.••............paaltH i 4.................................. ..................._..........eerel>lAwuu.,....uw, m0.rarmwrhetlta lYrmRatan 1leetaarAlwwma,.�Hxc e.i a.., vow. n.ay w. nc vo m. aewr. neNy.ractYee:�: li AUG 2 0 W1 .r ;.DCM-MHD CITY Book 860 Pape 049 SK 8 6 0 FG 0 0 5 0 0 ON NORTH CAROLINA DARE COUNTY Y. 1, the undersigned, a Notary Public of the County and State aforesaid, do hereby certify that MICHAEL R. DAVENPORT and SAMUEL TWIrORD, General Partners of KINNAKENT SHORES GENERAL ORTHERSHIP, a North Carolina Partnership, personally appeared bg�.re me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed by 1 4 authoi�ty of and as an act of the partnership. 4- WgESS my hand and notarial seal this ri 1A day of April, IRM� 1993. J." a or (9; es posim SYS tao —10"97or AGSLD�GM of Deeds VIC, Y, n RECEIVE[ J U N 2 5 2021 DCM—EC RECE'""n AUG 2 0 DCM.MHD CITY Book 860 Page 050 G EXHIBIT "A" BK 0 6 0 PO 0 0 5 1 I I Q Beginning at a point located on the mean high water mark of the Pamlico Sound, said beginning point also being the northwest corner of the property herein described and being located south 84 degrees 00 minutes Q . 19 seconds west 1,539.92 feet more or loom from the common corner of Lots 1204 and 1205, Phase 12, Yj Kinnakeet Shores Subdivision an shown and delineated on Q� the plat thereof, dated February 20, 1989 and prepared Y� by Bissell Associates, Engineers, Planners and Surveyors; thence running north 84 degrees 00 minutes 19 seconds east 1,539.92 feet more or lose to a point, O said point being the common corner of said Lots 1204 (,, and 1205, Phase 12, Kinnakeet Shores Subdivision; thence turning and running south 02 degrees 39 minutes 7 seconds seat 243.81 feet; thence running mouth 20 tees 31 minutes 37 seconds went 313.56 feet to a nt; thence running south 12 degrees 57 minutes 55 a nds east 401.08 feet to a point; thence running 904% 20 degrees 18 minutes 40 seconds want 364.40 feet to as point; thence running south 30 degrees 25 minutes 57 seconds west 426.10 feet to a point and a corner; thence turning and running south 84 degrees 00 minutes 19 secor;do west 1,391.71 teat more or lose to the mean high water# mark of Pamlico Bound and a corner; thence turning nd running in a general northeasterly direction(-3long and with the mean high water mark of the PamlicqqiMM440 ad and the various meanderings thereof 1 ,674.63 fe�attvn0re or lose to a point on said mean high water mark ��++.0 the point of beginning. (Said beginning point also b¢,ring north 2 degrees 13 minutes 36 seconds east "fto;n the terminus of the last preceding call on the meap'high water mark on the Pamlico Sound, the same beingothe southwest corner of the herein described proper The above described property being designated an Pha a 168 of Kinnakeet Shores Subdivision also being designated as Otter Point Resort Group Development. 0 For a more particu description of the property herein described refer a in made to that certain map or plat entitled -OtW Point, Preliminary Plat, A Resort Group Developm Avon, North Carolina, Hatteras Township- pc red by Don Rankin Land Surveying and dated July ASA1992 to which reference in made for a more part icular\description of the property herein described. Together with and there is h raby conveyed a non- exclusive right and easement(,of access, ingress and egress over Otter Point Drive d3pm Portaide Drive to the property herein conveyed an ver the streets and roads constructed within KinnakeetMhores Subdivision, including the non-exclusive right .�se the designated ocean side parking area for parkin \• The use of the ECEIVED JUN252021 rl Anphrir r •". j •1.r' i'ti Y'lw �a - 1 ) t s•,..•� e Iw 17 �. . (, x }s� a � •t Ri.F'1..�" as J[ y� `}, �i•1 !�l �•, r'•+•.rr f ): -�I. i,F 1� ♦!i , i.•. f s ¢s� L� s. 1 •^wiF�h,'�rt c y'" >v. t '4? b,+.�" s 1 /'•(� .s RECEIF. }:ntia.n 4 � �gq y�i'n'^•Y i r. •. ..•�T��� 7���k'•^•, : � �n !] YA +�; r _: J.Y .. ri � ;�l ,��� rj. l,i i;•i:. ': ,4�•l.a!*y•'1Y��'r i���. ..r �: �._ 1,� �� Y �t%r4 +. i .,.. .'i ♦��•kk'i i 4: r < AUG 20 �i'.. .. rr.i L`.t t{r .. ".�.'•: r -Il of {}'�, ?i'1.. weAl?•S .'. i}•-, Yr�. .. ... pCM-MH17 CITY Book 860 Page 051 ex860Pc0052 streets and roads within Kinnakeet Shores Subdivision and the parking area an not forth herein shall be subject to the rules and regulations applicable to all property owners within Kinnakeet Shores subdivision, Including the obligation to share proportionally in the coat of maintaining and repairing said roads and streets as well as the ocean side parking area as further provided in the restrictive covenants of Otter Point and the restrictive covenants of Kinnakeet shores Subdivision. There is excepted from this conveyance and reserved by the Grantor that certain parcel or tract of land designated as •Outparcel, Phase 165, Kinnakeet Shores, Avon, North Carolina- on the survey for John C. Wynn o George R. Goodrich, prepared by Don Rankin Land %urveying and dated April 5, 1993 to which reference is dada for a more particular description, said parcel or ]; being more particularly described so follows: ae1inning at a paint located on the mean high water mark of the Pamlico sound, said beginning point being located south 84 degrees 00 minutes 19 seconds was? 233.56 eet more or less from an iron pin or pipe, said iron pJW or pipe being located on a tie line of south 53 decreba 07 minutes 00 seconds went 1,525.43 feet from the(�ortheeat corner of Otter Point as hereinabove describe dj�t� thence running from the beginning point north 84 a� �eee 00 minutes 19 seconds nest 233.56 feet more or le31e'to an iron pin and the northeast corner of the properi� herein described (sold northeast corner beanp locatea)on the aforementioned tie line from the northeast cornet of otter Point); thence running south 05 degrees 59 tt1)lutee 43 seconds east 157.86 feet to a point located Wthe center line of Otter Point Drive and a corner; th nce turning and running in a general westerly direction long and with the center line of otter Point Drive a curve having a radius of 250 feet, a cord length.)of 134.77 feet and a bearing of south 87 degrees 56 :Qbnutss 59 seconds west to a point located on the center ns of Otter Point Drive; thence running north 78 degre 23 minutes 21 seconds went 72.51 feat ton point rated on the center line of Otter Point Drive; then rvMing south 81 degrees IS minutes 49 seconds weat .77 feet to a point located Within the right of day Otter Point Drive (said point also being located on a tie line of south 08 degraen OB minutes 06 seconds west 136.6] feet from an existing iron pin located on the north boundary of the property herein described); toace continuing through said point South 82 degrees 3 ,.t�inuteo 49 seconds went to the mean high water mark of bKq Pamlico sound and a corner; thence turning and 1llh��.!!!lrtQing in a general northerly direction along and wit"he mean high water X C a ;+ki• t-�7;��/t�'t Y�r�e�.i9a�aiA`.',•�'%w•\�.. _� �:f"„� t CI---'IVED JUN2.52021 M-E-C RECF?' fr-D Book 860 Page 052 HD CITY ' • %✓. !: s�1'.i ii�$w. •:d:.: v. ,.G•.6:'......:•S _ i .�.....-.......... ... _ .. .... .ad.':..... •t-:..-e . CJ' r 09860Po0033 �O.lfl mark of the Pamlico Bound and the various meanderings thereof 136.63 feet more or lose to the point of Intersection of the �• north boundary of the property herein described and the mean high water mark of the Pamlico Hound and the point of beginning. ^l Grantor further reserves the non-exclusive right of access, Y ngress, egress and regress over Otter Point Drive and the sound eceas easement extending from the east end thereof to the mean hii4)h water mark of the Pamlico Sound. TOE) access easements reserved herein for the Grantor and the ' GraMees, their heirs, successors and assigns, are reserved for the �{se and benefit of all the property owners in Sinuakeat shorhj.%Subdivision and in Otter Point also designated an Phase 16B o 126 innakeet Shores subdivision. The OraAses for themselves, their successors and assigns, by acceptink�bnd recording this dead, evidence their agreement to develope the land herein conveyed and any portion& thereof pursuant to and consistent with the Sinnakest Shores Subdivision plan and scheme of development, and after the final subdivision or group deva ment plat or plats have been recorded, to impose the Hinnakeet horse Subdivision or group development covenants upon the devel ed land with any modification thereto as may be approved by Hi skeet shores General Partnership, its successors or assigns. Hoit0er, the covenants of Hinnakeet shores subdivision notwlftstanding; nothing herein or therein shall prevent the dove I opplent of a small commercial area within the tract herein cony d as Dermitted by the Dare County zoning ordinance and amendm t••therato. Y" 16 0 l' ^. 'rw'ri•:.1., Jk�q�?ef 'M� is 1�;,Y i.,r.�o. , .� if ., CEIVED JUN 2 5 2021 ,a .i DCM-E y.r e. .; "i'• ••4.r. :;te' .. �.��N���`I s 'r' 'awl •'f!}. 'a �". ,cr RECEIVED AUG 2 0 2021 IDCM-M Fib CITY Book 860 Pape 053 AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Property Legal Description: DEED BOOK: 1984 PAGE NO: 461 PIN NO.: 053912857901 PROPERTY STREET ADRESS: 0 Starboard Drive, Avon. NC 27915. Please Print: Property Owner: Hpg, Inc. Property Owner: _ RECEIVED JUN252021 DCM-EC The undersigned property owners of the above noted property, so hereby authorize DouuDorman of Atlantic—Environmgtllgl CQsultm-ft-LLC_ to, (Contractor/Agent) (Name of consulting firm) 1. Acton my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (Dare County, North Carolina Department of Environmental Quality, U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or certifications. Property Owners Address (if different than property above): PO Box 1068, Kitty Hawk, NC 27949 Property Owners Telephone Number: 252-261-3266 We hereby certify that the above information submitted in this application is true and accurate to the best -of our knowledge. t ^tie W7 S; ti In and tl Authorized Signature and Title Date: RECEIVED AUG 2 0 2021 DCM-MHD CITY AUTHORIZATION TO ACT AS REPRESENTATIVE FORM f�--yy Property Legal Description: R E C Lr- I VE C DEED BOOK: 860 PAGE NO: 48 JON 2 5 2021 PIN NO.: 053912958935 DCM-CC PROPERTY STREET ADRESS: 0 Starboard Drive, Avon, NC 27915, Please Print: Property Owner: i Joint Ventur Property Owner: T• ,V rJUA0 .ear.( The undersigned property owners of the above noted property, so hereby authorize Doug Dorman of Atlantic Environmental Consultants. LLC to, (Contractor/Agent) (Name of consulting firm) 1. Act on my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (Dare County, North Carolina Department of Environmental Quality, U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or certifications. Property Owners Address (if different than property above): PO Box 662, Jonesville, VA 24263 Property Owners Telephone Number: L5-2 � t{75-^ Dg'7`! We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Aut orizeed gignature and Title Authorized Signature and Title Date: (/ - / - z/ Date: RECEIVED AUG 2 0'091 DCM-MHli CITY 8/162U21 USFi.00rm- USI'S I mckingw Kesuits USPS Tracking® Track Another Package Tracking Number: 70200090000176181080 Your item was delivered at 10:30 am on July 17, 2021 in AVON, NC 27915. C✓ Delivered July 17, 2021 at 10:30 am AVON, NC 27915 Get Updates u Text & Email Updates Tracking History a n M c, m n July 17, 2021, 10:30 am = �`' m_ Delivered O o n o N m hMA-1/tnnls tune MM/nrJT wAcrdw RrmAdim?H aKpAn=7NIQfRRN117AW1nROPWOm FAQs > Remove X m CD m a m v n win»=Awli"rMAiitm mMiiim= mgilArrtm r tgnL-tmrki ll. mKw Alltm r mr inn--mnkinnnntily 1/7 6/162UZ1 USI'S.WrrlW -Ubl S IraWngW Results AVON, NC 27915 Your item was delivered at 10:30 am on July 17, 2021 in AVON, NC 27915, Reminder to Schedule Redelivery of your item June 26, 2021, 10:03 am Available for Pickup AVON, NC 27915 June 26, 2021, 10:03 am Arrived at Post Office AVON, NC 27915 June 25, 2021 In Transit to Next Facility June 24, 2021, 7:40 pm Departed USPS Regional Facility ROCKY MOUNT NC DISTRIBUTION CENTER June 23, 2021, 3:11 pm Arrived at USPS Regional Facility ROCKY MOUNT NC DISTRIBUTION CENTER p M c M June 22, 2021, 11:10 pm m Arrived at USPS Regional Facility ® c < RALEIGH INC DISTRIBUTION CENTER n N M m CD m a v m n >r htt //tnnleucn<mm/nnrrmckf:nnfir A,:firm7tlaFudc=707000900001761A1nAORntm snumncdalivwrMRirtm mwrlium-amailRutm mutant-trarkinn-nnmherRutm ramnainn=kackinnnntAv 9/3 W1 UU021 UJ; S.Mn'(9 - UJF'S I rackingO Results June 22, 2021, 3:15 pm Departed Post Office KITTY HAWK, NC 27949 June 22, 2021, 11:45 am USPS in possession of item KITTY HAWK, NC 27949 Product Information v M M C � 0 m _ 0 o m 0 a v See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs MA n hltnc//InMcnsnemm/nnrTmr.kf:nnfimAMinnWinhnlc=7n9nOngrMM17R1RInR(IAidm "iinv,-dAlivPrndRntm mpdhim=wm M,Om mMwn tM1*inn-nnmhwr&." r mnninn=haNrinnnMiN 'i/'i m M1 A O O 0 0 u^ 0 0 a R1 O M1 JUL 2.02021 IECEIVED AUG 2 0 MI DCM-MHD CITY N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner. BPG, INC. , Otter Point Joint Ventures Address of Property: 0 Starboard Dr, Kinnakeet Shores, Avon, NC 27915 Mailing Address of Owner: PO Box 1068, Kitty Hawk, NC 27949 Owner's email: markQbissellprofesionalgroup.com Owner's Phone#: 252-261-3266 Agent's Name: Doug Dorman Agent Phone#: 252-599-2603 Agents Email: dougdaee@gmil.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by th'e Adjacent Prooertv Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing. with dimensions, must be provided with this letter. -a— I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what Is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Gruen St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264-3901. No response is considered the same as no objection ifyou have been notified by Certffied Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner Me: I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner. _ Typed/Printed name of ARPO: Richard Barto Mailing Address of ARPO: PO Box 1103, Avon, NC 27916 b ARPO's email: rick_barto@yahoo.com ARPO's phhoon�e#:: 757-560-0335 Date: 07/18/21 "waiver is valid ft�iPelcp.tb ons&16969; ARPO's Signature' Revised July 2021 AUG 2 7 2021 MP SECTION MHD ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC 27949 CERTIFIED MAIL RETURN RECEIPT REQUESTED June 22,2021 Richard Barto PO Box 1103 Avon, NC 27915 Dear Mr. Barto, RECEIVED JON252021 DCM-EC The owners of the adjacent properties are applying for a CAMA Major Permit to reconstruct the existing shoreline stabilization. The work includes the construction of 385 linear feet of new bulkhead with 465 of rock rap -rap to be installed waterward of the proposed bulkhead and remaining shoreline. The specifics of the proposed work are in the enclosed application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments will be considered by the department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 252-599-2603 or e-mail me at dougdaec@gmail.com. Sincerely, Doug Dorman RECEIVED SIGNATURE DATE AUG 2 0 2021 DCM-MHD CITY Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com USPS.comg - USPS Tracking® Results https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&t... USPS Tracking® FAQs > Track Another Package + Track Packages Anytime, Anywhere Get the free In.ormed Delivery® feature to receive Learn More automated nt tifications on your packages (hftpsJ/mg.uspa.com /xse119app=UspsToo1s&ref=ho nepage0anner&appURL=https%3A%2F%2FInformoddelivery.usps.com/box/pages/intro/start.action) Tracking Number: 70200090000142277342 Remove X Your item was picked up at a postal facility at 11:00 am on July 3, 2021 in AVON, NC 27915. G Delivered, Individual Picked Up at Postal Facility July 3, 2021 at 11:00 am AVON, NC 27915 Get Updates v Text & Email Updates Tracking History July 3, 2021, 11:00 am Delivered, Individual Picked Up at Postal Facility I of 3 v n RECEIVED AUG 2 0 '1191 DCM- 3= , YPM ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC 27949 CERTIFIED MAIL RETURN RECEIPT REQUESTED June 22, 2021 Greater Kinnakeet Shores Home Owners Association PO Box 853 Avon, NC 27915 To Whom it may concern, RECEIVED JUN252021 DCM-EC The owners of the adjacent properties are applying for a CAMA Major Permit to reconstruct the existing shoreline stabilization. The work includes the construction of 385 linear feet of new bulkhead with 465 of rock rap -rap to be installed waterward of the proposed bulkhead and remaining shoreline. The specifics of the proposed work are in the enclosed application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments will be considered by the department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 252-599-2603 or e-mail me at dougdaec@gmail.com. Sincerely, d—g Dorman SIGNATURE DATE RECEIVED AUG 2 0 2021 Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.cc@C&,a,V,I,tO CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO: Theresa Schneider The Coastland Times Manteo, NC 27954 legalsiAlthecoastlandtimes com FROM: Ella Godfrey DATE: August 19, 2021 SUBJECT: Public Notice: BPG, Inc & Otter Point Joint Venture Please publish the attached Notice in the Sunday, August 22, 2021, 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 RECEIVED AUG 2 0 2021 DCM-MHD CITY D_E Q . North Carolina Department of Environmental Quality Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 30o I Elizabeth City. North Carolina 27909 252.264.3901 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 08/09/21. BPG, Inc and Otter Point Joint Venture are proposing to replace and construct new bulkheading as well as install new riprap, for shoreline erosion control and to regain eroded land, located at 0 Starboard Drive, Parcels #014822088 & #014822087, off Portside Drive and Pony Pasture Drive, Avon 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 09/11/21, 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: Sunday, August 22, 2021 RECEIVED AUG 2 0 2021 DCM-MHD CITY DQNoi th Carolina Department of Hnvironmental Quallty Drlslon of Coastal Management CElizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth Cny. North Carul6ta 27909 °i0 i0�'`� 252.264.3901 ROY COOPER Governor ELIZABM S. BISER S—fory BRAXTON DAVIS Director August 19, 2021 Bpg, Inc/George Goodrich Otter Point Joint Venture/Mark Bissell P.O. Box 1068 Kitty Hawk, NC 27949 Dear Mr. Goodrich and Mr. Bissell: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval to replace and construct new bulkheading, as well as install new riprap for shoreline erosion control located at 0 Starboard Drive, Avon in Dare County. It was received complete August 9, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 23, 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 August 9, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the properly owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point RECEIVED AUG 2 0 2021 DCM-MHD CITY D_E05 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Offke 1401 South Griffin Street. Sidle 3001 Elizabeth City. North Carolina 27909 r ���� 252.2643901 Bpg, Inc./George Goodrich Otter Point Joint Venture/Mark Bissell August 19, 2021 Page 2 of 2 along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Yvonne Carver, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Yvonne Carver, DCM, Elizabeth City, NC Doug Dorman, Atlantic Environmental Consultants, LLC, Kitty Hawk, NC RECEIVED AUG 2 0 2021 DCM-MHD CITY NOT W 1$ 1744. W C-01 �Q CAM -A PERMIT APPLIE FOR PROJECT: bulkheading replace and and install construct new riprap new shoreline erosion control - COMMENTS ACCEPTED THROUGH September 11, 2021 for APPLICANT FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Bpg, Inc/George Goodrich & '1 Yvonne Carver Otter Point Joint Venture/Mark Bissell 401 S. Griffin Street, Suite 300 P.O. Box 1068 Elizabeth City, NC 27909 Kitty Hawk, NC 27949 252-264-3901, ext. 237 252-261-3266 U.S. ARMY CORPS OF ENGINEERS W ILMINGTON DISTRICT Action Id. SAW-2016-01004 County: Dare U.S.G.S. Quad: NC-BUXTON NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: BPG. Inc. \lark Bissell Address: Post Office Box 1068 Kitty Hawk, NC. 27949 Telephone Number: (252) 261-326G RECEIVED JUL 202021 DCM-EC Size (acres) 1.17 Nearest Town Avon Nearest Waterway Pamlico Sound River Basin Pannlico Sound USGS HUC 03020105 Coordinates Latitude: 35.33'r148 Longitude:-75.5)6273 Location description: The reviewed nronerty is located at 0 Starboard Drive In the Kinnnkret Shores Subdivision in the town of Avon in Dare County. North Carolina. The nrono4v is an undeveloped uarcel Indicate Which of the Follow•ine Aimly: A. Preliminary Determination Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, ajurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed live years front the date of this notification. There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC 4 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of thib notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you ntay wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetland s on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on Dlov 19, 2016. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed live years from the date of this notification. RECEIVED Page I of AUG 2 0 2021 DCM-MHD CITY _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years front the date of this notification. $ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAisfA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Artily permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Kyle Barnes at 910-251-45 4 ot• Kv1e. W. Bn rnesW usaee.a rmv.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual and the Atlantic and Gulf Coast Region SJrolentent and is hart of This area exhibits a Hieh Tide Line as indicated by physical nsarlcines on structures and is subiect to the ebb and flow of tides. D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delinctition/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appealltltjsr- ^ (� V /C L determination you must submit a completed RFA form to the following address: R V L G US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10N115 Atlanta, Georgia 30303-8801 JUL 202021 DCM-EC In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5. and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Juiv 1..2016. **It is not necessary to submit an RFA form to the Division Office if you do not object to the ietermination in thiRECEIVED correspondence." RARNFS_KYLF.WILL iyY T9•N N«a� fNlWH1 Nilml, Corps Regulatory Official: Date: May 19,201 IAM.1388035397 Expiration Date: May 19, 2021 WOVI«YSr«M'�MM1«ktO.e.•rp «.�1� <^.N4u11 [nl N.WM W011111 AUG 2 0 2021 DCM-MHD CITY The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online ft lit:I/re¢ulatorv.usdcesurvev.conti. ***This Is a word processing form to be completed In Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) City City Date ol/nitial apPllcation submittal (l7C 1Ai2007J: Oti/252021 Data appficatlon "received as complete"in the Field ofte (DC• 1/&r2007): 081OW021 SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes No Photos Taken: Yes No Setback Required (riparian): El Yes ONO Critical Habitat:LjYes ONO UNotSure 15 foot waterer obtalned: 0Yes ONO Hazard Notification Returned., []Yes ®No SAV: 0 Yes No Not Sure Shell Bottom: Yes ONo Not Sure Temporary Impacts: NYGs No Sandbags: LJ Yes ONO U Not Sure Did the land use classification come from county LUP. ®Yes ❑No Mitigation Required (optionaO: ❑Yes ®No Moretonum Conddions Uyes 29NO ❑NA Environmental Assessment Done: []Yes ❑No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) I Swamp Waters (SW) High Quality Waters (HQW) w Outstanding Resource Waters (ORM WETLANDS IMPACTED (404) Corp, o/Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Saliwmia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgress (Spartina (SY) Sall reed Brass (Sparhna anemitkua) cynosunHdes) (OS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Catlea (Typhe sp.) spicata) sp.) (JR) Bieck needlerush (Juncos (SP) Ullmeadow grass (Spartina roemerienus) patens) APPLICATION FEE No lee required - $0.00 lll(A) Private w/ D&F up to 1 acre; 3490 0 M(D) PrM public or comm w/D&F to 1 can be applied - $250 acre; 3490 can? be applied - $400 Minor Modfication to a CAMA Mayor Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than i acre - $475 Permit Transfer- $100 111(B) Public or commercial w/D&F to 1 0 Express Permit- $2000 acre; 3490 can be applied - $400 Major development extension request - 11. Public or commercial/no dredge $100 and/or fis - $400 1. Prate no dredge and/or fill - $250 III(C) Priv. public or corm w iD&F to 1 RECEIVED acre; 3490 can be applied, DCM needs DWQ agreement - $400 `52-808.2808 n 1-88SARCOAST :: wwyt.,8gco)apjalmatiagementrtet DCM_MJ; cl:lly"012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant BPG, INC. & OTTER POINT JOINT VENTURE Date: 08/172021 Describe below the ACTIVITIES that have been applied for. AM values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One 5 — 10 Bulkhead 1 New Work Replace 380 2 Maint ❑ ® Y ❑ N Riprap 1 New wo,k Replace 460 6-8 Maim ❑ ®Y ❑ N High ground I ^,ew Work Replace 460 5.86 Maint ❑ ❑ Y ON New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y [IN New Work EF Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ [IY [IN 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 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New lNok Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N _ New Work Replete Maint ❑ ❑ Y ❑ N New work Replace Maint [I ❑Y❑N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New work LJ Replace AUG 2 0 202 Maint ❑ ❑ Y ❑ N DCM-MHD CITY revised Nov. 2012 --- WC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: BPG, INC. & OTTER POINT JOINT VENTURE Date: 0811712021 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. FL (Applied for. Disfurbance total includes any anticipated restoration or famp impacts)impact FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or lamp amount) TOTAL Feet (Applied tor. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow bottom Dredge ❑ Fill ® Both ❑ Other ❑ 4615 4615 High ground Dredge ❑ Fill ® Both ❑ Other ® 2700 2700 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FiN ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ BOth ❑ Other ❑ Dredge ❑ FX ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED AUG 2 0 2021 DCM-MHD CITY 252-806.2808 :: 1.8884RCOAST :: www.neeoagtalm@n.Ptlement.net revised: Nov. 2012 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Dirwror August4,2021 MEMORANDUM: NORTH CAROLINA Enviromi enrat Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:252-247-3330 (Courier04-16-33) ergee.bodnar SUBJECT* CAMA/D&F Review Applicant: Bpg, Inc. & Otter Point Joint Venture Project Location: 0 Starboard Drive, Kinnakeet Shores Subdivision, Avon in Dare County Proposed Project: Replace and construct new bulkheading and Install new riprap for shoreline erosion control and to regain eroded land 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 September 10, 2021. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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 NAMI AGENCY SIGNATURE DATE RECEIVED AUG 2 0 Z021 DCM-MHD CITY M D� � North Carolina Department of Environmental Quality l Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 °"-�+ r+-�++�+�'0' 252.2643901 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Elpe. Inc & Otter Point Joint Venture Distribution Date: 8/20/2021 AGENCY ECRO Community Development/LPO Donna Creel DCM Planner Charlan Owens Eliz aty US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort, Carteret, Craven, Eli: City, PamlicoWashington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) dlf Whitfield James Harrison Marine Fisheries NC DOT David Harris ShannonJenklns Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montahro DEMLR Sediment & Erosion- Samir Dumpor Storm water - RogerThorpe DWR 401- Chris Pullinger WRC Maria Dunn (WARO) National Heritage Program Rodney Butler RECEIVED AUG 2 0 2021 DCM-MH0 CITY Revised: 6/29/2018 MAJOR PERMIT FEE MATRIX e.. I:ronr• RPf_ INC R Otter Pnint.inint Ventures Selection Development Type Fee DCM % DWQ % 114300 1601 436100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4175 (See attached) can be applied: III(B). Public or commercial ❑ development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4175 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (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: ). If General Water lity Certification No. $400 60%($240) 40%($160) 5 (see attached) cannota lieFor development that lves the filling and/or $475 60%($285) 40%($190) of more than one acre of wetlands and/or open water areas: KCI.tIVtU DCM-MHD CITY NC Division of Coastal Management Cashier's Official Receipt Received From: .4 4,I Q. ^4i -�' OC^ Jli n l /rei ' VA � n S. Permit No.: Applicant's Project Address: d -> Fes` RV 14709®B C D 'Z Date: 25 20-1 Check No.:1 a �Z- S County: lb "N, Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: �� z a Date: Signature of Field Representative: �"^^^�``~"�"""��. Date: 4/2 RECEIVED AUG 2 0 ^� I gCM-MHID CITY N/F RICHARD BARTO N/F BPG, INC. NF PAMILCO SOUNDS r �� OTTER POINT JOINT VENTURE DO. 860. PG. 48 \ ' .� , _B PROJECT LOCATION---�j PG, INC. i� SEE SHEETS 2-41 ' 1� STARBOARD D___ ' r r l \\\ r 1. 44 N/F J BPG/ INC. / f--- ---- r NF BPG/ INC. EXISTING r r r r r BPG, PAMILCO SOUND I I I I I I RECEIVED SEP 2 3 20.21 POP SECTION RIM RECEIVED JUL202021 DCM-EC SHEET 1 OF 4 SITE LOCATION - CAMA MAJOR PERMIT INC. & OTTER POINT JOINT VENTURE KINNAKEET SHORES - OTTER POINT AVON - DARE COUNTY - NORTH CAROLINA N/F 250' 0' 500' 1000' 1500' GREATER- KINNAKEET 1 SHORES, HOMEOWNERS / ASSOCIATION, INC. / GRAPHIC SCALE 1"= 500' DATE: 07/14/21 REVISED: ATLANT/C ENV/RONMSNTAL CONStIZMNTS, LLC P.O. 90,r T266,, K/T7Y 1140N.C. 279,of.9 (151)261-7707, 0-mail d0ugdaec@gmai/.com FILE: OTTER POINT 2021 DRAWN BY: DAD .IITL 1 I �...J �...J �...� �...J �...J �....� �...� �....J �...J �� i.—J--404 & COASTAL WETLAND LINE N F I I j OTTER POINT JOINT ,l �...J �...J r....J ...J �...J �...� �...J r...J r....J �... _I VENTURE DB. 860. 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C. 27949 i 07/14/21, 08/02/21 (252)261-7707, a -moil dougdoeoggmoiloom DATE: 06/08/21 REVISED: 09/20/21 FILE: OTTER POINT 2021 DRAWN BY: DAD PROPOSED ROCK RIP —RAP EXISTING COASTAL 6" ABOVE WETLAN SUBSTRATE rAM"PT A nrna �E aQ NWL RLE €�" _ SEP 2 4 2021 _ I C I -I I I l 1 I -I 1 I; I I I I I -I I I -I 11; I I I-1 I I-_ I 1 1111-1 I,; I I I-' RIP -RAP REVETMENT CROSS SECTION SCALE: NITS SHEET 4 OF 4 DETAILS - CAMA MAJOR PERMIT BPG, INC. & OTTER POINT JOINT VENTURE KINNAKEET SHORES — OTTER POINT AVON — DARE COUNTY — NORTH CAROUNA 2.5' 0' 5' 10, 15' GRAPHIC SCALE 1"=5' DATE: 07/14/21 REVISED: ATLANTIC ENV/RONti1ENTAL CONSULTANTS, ZZC P.O. 90Y J266, KITTY 114W,, N. 0 27949 (252)261-7707, e-mail dougdaec@gmail, com FILE: OTTER POINT 2021 DRAWN BY: DAD r...l r...J r...J r...J r...J /....J r...J r...J /....J r1 r...J r...J r...J r...J /....J r...J r...J r...J r...J �; r...J r...J r...J ...J /....J r...J r...J r...J r...J r...; /....J r...J r...J ...J r...J r...J /....J r...J r...J r..1� r...J r...J r...J ...J r...J r...J /....J r...J /....J r... 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'�1 T 1 vW'i r>�c --$o ��I =���� III �Ililllill'��I �I� _III ��� I ►�� _Iii RECEIVED SEP 2 3 2021 110P SECTION MHD BULKHEAD & RIP -RAP -CROSS SECTION A -A PROPOSED ROCK RIP -RAP 6" ABOVE WETLAN SUBSTRATE 0 RIP -RAP REVETMENT CROSS SECTION SCALE: NTS EXISTING COASTAL WETLANDS RECEIVED AUG 0 9 2021 DCM-EC 4t*o SHEET 4 OF 4 DETAILS - CAMA MAJOR PERMIT BPG, INC. & OTTER POINT JOINT VENTURE KINNAKEET SHORES — OTTER POINT G AVON — DARE COUNTY — NORTH CAROLINA 15 2y5' Q' �10' 15' GRAPHIC SCALE 1"= 5' DATE: 07/14/21 REVISED: ATLANT/C ENS/RONMENTAL CONSULTANTS, LLC P.0. 90X .i266, K/TTY 114WA,, N.C. 27949 (252)161-7107, *-mall dougobw0gmoil. corn FILE: OTTER POINT 2021 DRAWN BY: DAD