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123-21 MOD LLC
Pettit Class NEW Permit Number 123-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to MOD LLC., 4505 Dalton Rd., Chevy Chase, MD 20815-3732 Authorizing development in Chowan County at adi. to the Yeopim River, at 257 Flagship Ct., in Farms at Riversound S/D , as requested in the permittee's application dtd 4/22/21, incl art workplan drawings (5), Sheets 1-3 of 5 all dtd "Revised 6/3/21" and Sheet 4 of 5 dtd 2/5/21 and Sheet 5 of 5 dtd 4/21/21. This permit, issued on September 8, 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 it mese terms may be subject to lines, imprisonment or civil action; or may cause the permit to be null and void. In -Water Work Moratorium 1) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no in -water work shall be permitted between February 1 and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. Shoreline Stabilization — Bulkheads 2) The bulkheads shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 3) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignments. (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. Lo A: Signatufe of Petmittee MOD LLC. Permit No. 123-21 Page 2 of 3 ADDITIONAL CONDITIONS 4) No vegetated wetlands shall be excavated or filled, even temporarily. 5) The alignment of the authorized bulkheads 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. 6) The bulkheads 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 bulkheads shall be constructed prior to any baokfrlling activities. 8) The bulkheads 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 alignments. 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 bulkheads. 12) No backfill 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 bulkheads. 13) All fill material to be placed below normal water level shall be confined behind the permitted bulkheads. 14) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. Sedimentation and Erosion Control 15) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 16) 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. 17) 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 caps immediately following completion of backfrlling activities. ------------------------------------------------........................................................ A )D LLC. Permit No.123-21 Page 3 of 3 ADDITIONAL CONDITIONS General 18) 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. 19) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 20) 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-2021-01486). 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. 2021-1080. 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 $250 was received by DCM for this project. DCM Coordinator: '3�k Permit #: 1 23 Z f MAH,ING DISTRIBUTION SHEET Permittee`: G`t�� LEA• �fS� a'bjyr` 12d, 4�zvI Agents: tZ+d't{Si v�o vw �iC s�G 54�•e<d�wt 1aw71^ac�i' �cOv1 DCM Field Offices Elizabeth Cit y e�•M4 r Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, 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: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding ,pDavid Harris Shannon Jenkins / Sharon Gupton & Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger — 401 Tina Martin - 401 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) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney B(tl utler LPO: ?i -t7`a� SkyQ'r (NCDOT) Travis Wilson RECEIVED APPLICATION Mr MAY#i 2021 Major Development Permit DCM-EC Past revised 12127f0a) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ landowner Information Business Name MOD, LLC Project Name Of applicable) Shoreline Protection Development Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(a) with names listed. Mailing Address 4505 Dalton Road PO Box City Chevy Chase State MD ZIP 20615-3732 Country USA Phone No. 301-652.8958 ext. FAX No. - - StreetAddress(if different from above) Clty State ZIP Email rad4505@yahoo.com 2. AgentilContractor Information Business Name Sampson Contracting, Inc. Agent/ Contractor 1: First Name MI Last Name Theodore J Sampson Agent/ Contractor 2: First Name MI Last Name Melling Address PO Box City State 125 Hunters Trail West Elizabeth City NC ZIP Phone No. 1 Phone No. 2 27909 252-548-4292 ext. 252-331-2447 ext. FAX No. Contractor # 866 793 4261 Street Address (d different from above) City State ZIP Email tedsr@sampsoncontracting.com <Form continues on back> RECEIVED et DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for RECEIVED Mdv %3 9021 Major Development Permit 3. Project Location County (can be multiple) Street Address C 11 A_ C/1 E State Rd. # Chowan 257 Flagship Court �V� Subdivision Name City State Zip Farms at Riversound Edenton NC 27932- Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. 43, 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Yeopim River c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project eke. ®Natural ❑Manmade []Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city lima the proposed ❑Yes ®No work falls within. Chowan County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 299 463.689 c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or 463,689 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 8-ft ❑NHW or ®N WL e. Vegetation on tract Meadow grasses (Various), Loblolly pine (Pinus feeds), Sweet gum (Liquidambar styrad8ua), Bald cypress (Taxodium distichum), White oak (Ouercus alba), Water oak (Ouercus nigra), Swamp chesnut oak (Ouercus michauxi), Cat -tail (Typha, spp), American beauty berry (Callicarpa americans), Giant cane (Arundinado gigantea), Catbriar (Smilax glauca), Muscadine grape (Muscodinia rotundifolia), Awifruit Sedge (Cares stipata) and Soft rush (Juncos effusus). I. Man-made features and uses now an tract Gravel roadwaylcul-de-sac, and residential utilities. g. Identify and describe the existing lend uses adjacent to the proposed project site. 10.32 acres undeveloped residential lot to west under silvaculture; 12.58 acres undeveloped residential lot to east under silvaculture; 10.05 acres undeveloped residential lot to south under silvaculture. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? CU-R25 (Attach zoning compliance certificate, if applicable) ®Yea ❑No ❑NA J. Is the proposed nativity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does f involve a ❑Yes ®No []NA National Register Haled or eligible property? <Form continues on nextpage> RECEIVED JUL 0 S 2021 252.808.2808 .. 1-e88-4RCOAST .. www.nc cons tatmanagemen t. DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) RECEIVED APPLICATION for Major Development Permit MAY D} 2021 in. 0) Are there wetlands on the site? SYm ❑No QI) Are there coastal wetlands on the site? DCM-EC SYes ON. (ili) If yes to either 0) or Qi) above, has a dahneadon been conducted? ❑Yes SNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None. o. Describe existing drinking water supply source. None. p. Describe existing storm water management or treatment systems. N/A 5- Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑PubliclGovemment NPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Project will protect lot's exposure to Yeopim River from ongoing erosion with a bulkhead along eroding escarpment and landward of some fringe wetlands located below the escarpment. 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. Protect wetlands and shoreline waterward of bulkhead with silt fence and/or turbidity curtain; grade/excavate uplands with excavator to facilitate bulkhead construction; set bulkhead piles and sheet piles with excavator equipped vibratory hammer, and/or water jet; finish grade and seed disturbed areas; store equipment on uplands when not in use. d. List all development activities you propose. Construct shoreline protection bulkhead with return walls; grade uplands to height of bulkheads. e. Are the proposed activities maintenance of an existing project, now work, or both? New work. f. What is the approximate total disturbed land area resulting from the proposed project? 4965 SSq.Ft or ❑Acres g. Will the proposed project encroach on any public ememert, publc accessway or other area SYea ❑No ❑NA that the public has established Use of? h. Describe location and type of existing and proposed discharges to waters of the state. No existing discharges; no proposed discharges . i. Writ wastewater or stormwater be discharged into a wetland? ❑Yes NNo ❑NA If yes, will this discharged water be of the some saintly as the receiving water? Oyes ❑No SNA j. Is there any mitigation proposed? ❑Yes NNo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> -808.2806 .. 1-888.4h C. OAS I- .. www.ri ccoasla imanugem enr.aet DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) RECEIVED APPLICATION for MAY 7 20ZI Major Development Permit 6. Additional Information ��//�� In addition to this completed application form, (MP-1) the following items 0C"Acjj)jj Qst be submitted in order for the application package to be complete. Items (a) — (I) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. L A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Vonada Family trust Phone No. Address 8702 Bradgate Road, A)exandw, VA 22308 703-300-1868 Sam Hassan and Donna Marie O'Doherty Phone No. Address 98 Ludine Drive, Basking Ridge, NJ 07920 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, perms tee, and issuing dates. 126-09 Amended 0510815 to Yeoplm Partners, LLC 126-09 Modified 11107118 to Yeoplm Partners, LLC It. Signed consultant or agent authorization form, If applicable, 1. Wetland delineation, If necessary. I. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) it. A statement of compliance with the N.C. Environmental Policy Act (N.C.O.S. 113A 1-10), If necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date April 22, 2021 Print Name Theodore Sampson Signature�C' 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 RECEIVED ❑DCM MP-4 Structures Information JUL 0 8 2021 DCM-MHD CITY I. rI ,I ,. i .. I 1;8It 'It: '..;_.. ', i wm•v+. n,: r. no.. I"' n'., u a q r, it o u t. a of Form DCM MP-2 EXCAVATION and FILL RECEIVED MAY ) 2021 (Except for bridges and culverts) DCM-EC 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 1. EXCAVATION IRThis section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be axcevated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 1 Z DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. c. 0) Do you claim We to disposal area? Dyes ❑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 (88), or other wetlands ML)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (n) Describe the purpose of disposal in these areas: of disposal area. d. (1) Will a dlVosal area be available for future maintenance? ❑Yes DNo ❑NA 01) If yes, where? f. (i) Does the disposal include any area in the water? Dyes ❑No ❑NA (it) If yes, how much water area is affected? RECEIVED JUL 08 2021 DGM-MNn CITY 252-808-2808 :: 1-888.4111COAST :: www.nceoaetafmxn�®, m�gnLnot revised: 12/28/08 Form ACM MP-2 (Excavation and rill, PaRECEIVED ge 9 - 2021 -_ _ _ — 3. SHORELINE STABILIZATION MAY 7 ❑This section not applicable (if development is a wood groin, use li — Structures) a. Type of shoreline stabilization: - ♦ - ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:_____ a ction-L -a Shoreline+30-tt Return Walls Sub -total c. Average distance watenvard of NHW or NWL: -2.5 It (Landward) e. Type of stabilization material: Vinyl Sheetphe or Treated Wood Lop g. Number of square feet of fill to be placed below water level. Bulkhead backfill_U Riprap_ Breakwater/Sill Other 1. Source of fill material. From grading of uplands. Combined - 16b-It Shoreline + 60-ft Holum Wells: I otaL 225 Width: Twig d. Maximum distance waterward of NHW or NWL: -3 it f. (1) Has there been shoreline erosion during preceding 12 months? NYes ❑No ❑NA (11) If yes, state amount of erosion and source of erosion amount information. By comparison with platted riverbank line of 4t25/2014: 918 sq ft of uplands (138 sq ft/yr); 228 cu yds of uplands (41 cu ydstyr); erosion escarpment reheated by 6.3-ft (0,95 ft/yr) h. Type of fill material. Upland sancilsoil 4. OTHER FILL ACTIVITIES NThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the sae? Yes ❑No ❑NA b. (i) WIII fill material be placed in coastal wetiandsimarsh (CW). If yes, (it) Amount of material to be placed In the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? Fill material will be placed behind constructed bulkhead; final slope (not steeper than 3:1) will be seeded. c. (i) Will navi stional aids be required as a result of the project? d. ❑Yes lNo ❑NA (il) If yes, explain what type and how they will be implemented. April 22, 2021 Date Shoreline Protection Development Project Name submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL []None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Excavator, vibratory hammer, water pump and jetting wand, barge. (i) Will wetlands be crossed in transporting equipment to project she? ❑Yes NNo ❑NA (11) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. MOD, LLC Applicant Name Applicant Signaturure (Theodore Sampson -Agent) RECEIVED 252.808.2808:: 1.888.�,' uenaggment,nat JUL 0 8 2021 revised: 12/26/06 DCM-MHD CITY RECEIVED Form DCM MP-3 UPLAND DEVELOPMENT MAY 7 2021 (Construction and/or land disturbing activities) DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. N/A c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project vdd disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (1) If applicable, has a secilmentation and erosion control plan been submitted to the Division of Land Resources? []Yes []No ®NA (II) If yes, list the date submitted: g. Give the percentage of the tract wlthln the coastal shoreline AEC to be covered by impervious andror built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 337.5 sq ft bulkhead = 4.68% i. Give the percentage of the entire tract to be covered by impervious and/or buift-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 337.5 sq 0 bulkhead = 0.07% I Describe proposed method of sewage disposal. Septic tank, pump and leach field at time of later development; not proposed now. 1. Describe location and type of proposed discharges to waters of the state (e.g„ surface runoff, sanitary wastewater, industriall commercial effluent, 'wash down' and residential discharges). None b. Number of lots or parcels. 1 d. Size of area to be graded, filled, or disturbed Including roads, ditches, etc. 4,965 sq. ft. f. list the materials (such as mad, paver atone, asphalt, or concrete) to be used for impervious surfaces. N/A h. Projects that require a CAMA Major Development Permit may also require a Stormwaler Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No ®NA (u) If yes, list the date submitted: k. Have the facilities described in Item (I) received state or local approval? []Yes []No ®NA If yes, attach appropriate documentation m- Does the proposed project include an innovative stormwater design? []Yes []No ®NA If yes, attach appropriate documentation. RECEIVED JUL 0 8 2021 DCM-MHD CITY 252.808.28082::'I.888.411COAST :: www_nccoasialmanagomortl.net revised: 12/2111,08 Form DCM MP-3 (Upland Development, Pacle Z of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Private onsite well at time of later development; not proposed now. o. When was the lot(s) platted and recorded? D6/17/2015 April 22, 2021 n. (i) Will water be Impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivislon, will additional utilities be Installed for this upland development? []Yes ❑No ®NA RECEIVED Date Shoreline Protection Development MAY 7 2021 Project Name DCM _ E „ !V' MOD. LLC Applicant Name Applicant Signature (Theodore Sampson - Agent) RECEIVED JUL 0 8 2021 DCM-MHD CITY r c v i se d: 12126'06 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: MOD, LLC COUNTY: Chowan PROJECT NAME: Shoreline protection LOCATION OF PROJECT: 257 Flagship Court DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-18-21 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Cynthia Ro ���/ DISTRICT OFFICE: Elizabeth City /. DISTRICT MANAGER REVIEW: �'v�� - Date 318�a 0 1 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ISO # . APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 7-15-21 END OF NOTICE DATE: 8-4-21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes !l �i C) 75 DAY DEADLINE: 9-1-21 150 DAY DEADLINE: L EMAIL OUT DATE: 7-8-21 STATE DUE DATE: 7-29-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep DCM - LUP Consistency Determination L r Local Permit Officer Q L ( X Corps of Engineers - Regulatory Branch ��4// 01 t LdL I — p DWR-401Section L( . 0&;1 DWR- PublicWaterSupply 7/9 L( k DEMLR-Stormwater -7(/SIu DEMLR-Sed and Erosion 7(2 lU J� DOA - State Property Office 712,c, w Wildlife Resources Commission DMF - Shellfish Section ? (� DMF - Habitat & Enhancement DNCR - Archives & History u i DNCR-Natural Heritage Program NCDOT NC Dept of Commerce LI 1c R JUL 0 S NZ1 DCM-MHD CITY { ROY COOPER Gov ELIZABETH S. BISER secrw-y BRAXTON DAVIS Dlrrctor MEMORANDUM NORTH CAROUNA TO: Gregg Bodnar, Assistant Major Permits Coordinator RECEIVED Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, District Manager i2Rilt AUG 3 2021 Northeastern District, Division of Coastal Management FROM: Cynthia Rountree, Field Representative 04 I+P SECTION U1110 DATE: July 29, 2021 SUBJECT: MOD, LLC; 257 Flagship Court Major Permit Recommendations The applicant proposes to construct 2 sections of bulkhead with two 15 foot return walls. One bulkhead section will be 44 linear feet and the other bulkhead will be 121 linear feet. The property is located at 257 Flagship Court, Edenton, Chowan County adjacent to the Yeopim River. The development proposal involves the Public Trust Area (PTA), Estuarine Shorelines (ES), Public Trust Shorelines (PTS), and Estuarine Waters (EW) Areas of Environmental Concern. I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H .0208 USE STANDARDS (a) addresses General Use Standards, and subparagraph (1) requires that uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches. Consistent: The applicant proposes to construct a bulkhead which is listed as water dependent. D_E Q'� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 .+.E �� 252.2643901 North Carolina Department of Environmental Quality Division of Coastal Management —_ MEMORANDUM I July 29, 2021 l (a)(2)(A) requires that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective -of the — Estuarine and Ocean System AEC (Rule .0203 of this subchapter) 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. Consistent: The development is consistent with the intent of this rule. (a)(2)(B) requires that the development shall comply with state and federal water and air quality Consistent: This development will not violate water and air quality. (a)(2)(C) requires that the development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources. Consistent: There are no known archaeological or historic resources on the property. (a)(2)(D) requires that the development shall not increase siltation. Consistent: It does not appear that this development will measurably increase siltation. (a) (2) (E) requires that the development shall not create stagnant water bodies. Consistent: it does not appear that the development will create stagnant water bodies. (a)(2)(F) requires that the development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The development will have minimum adverse effects on life cycles or estuarine resources. (a)(2)(G) requires that the development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The development proposal minimal effects on navigation. (b) Specific Use Standards REEC EDVE D (b)(7) Addresses Bulkheads. AUG 3 2021 ITIP SECTION $fie a® -- North Carolina, Department offnvironmental Quality MEMORANDUM Division of Coastal Management Page 3 of 6 July 29, 2021 (b)(7)(A) requires that bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level. Possible Inconsistency: The proposed bulkhead is to be placed an average of 2.5 foot out along its alignment with the maximum of 3 feet. (b)(7)(B) requires that bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources. Consistent: The propose bulkhead will not be constructed landward of thewetland areas. (b)(7)(C) requires that 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. Consistent: The applicant has indicated that the fill will contain sand from an upland location. (b)(7)(D) requires that 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 anidentifiable 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. Consistent: The property does have a high bank. (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. Possible Inconsistency: The property does not show eroded area from the last year. (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners Consistent: The proposed bulkhead meets the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management, and REC'EIVED AUG 3 2021 WJP SECTION MHD ' North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 6 July 29, 2021 Inconsistent: The need for a bulkhead below NWL is not documented by the Division of Coastal Management. (v) the property to be bulkheaded is in a non -oceanfront area. Consistent: The proposed bulkhead is in a non -oceanfront area. (b) (7) (E) requires that where possible, sloping rip rap, gabions, or vegetation shall be used rather than bulkheads. Inconsistent: The proposed development of a bulkhead is where riprap can be used. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a Major Permit be issued to MOD, LLC with the condition that the bulkhead should approximate Normal Water Level. AUG 3 2021 MP SECTION MH® ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 8, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) g re g g. b o d na rCa n cd e n n e o v SUBJECT: CAMA/Dredge & Fill Application Review Applicant: MOD, LLC Project Location: 257 Flagship Court in Chowan County Proposed Project: Install two sections of bulkhead with return walls 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 July 29, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in- depth comments with supporting data is requested. REPLY: x 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 Tina Martin **DWR# 2021-1080 vl AGENCY Water Resources Written Concurrence Required SIGNATURE t " -J RECEIVED DATE August 4th, 2021 AUG 4 2021 MP SECTION MHD 110 North Carolina Department of Environmental Quality I Division of Coastal Management D E Elizabeth City Office 1 401SouthGrifMStreet,Suite3001 Elizabeth Chy, North Carolina 27909 ROY COOPER cov ELIZABETH S. BISER s.er.a,ry BRAXTON DAVIS Director July 8, 2021 dd M1� NORTH CAROLINA EnWromuntal 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) eregghadna r(Ancdenn uoy SUBJECT: CAMA/Dredge & Fill Application Review Applicant: MOD, LLC Project Location: 257 Flagship Court in Chowan County Proposed Project: Install two sections of bulkhead with return walls 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 July 29, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in- depth comments with supporting data is requested. REPLY: N This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY C o aa. % �,E Cc Iva) SIGNATURE DATE - °i - 2 oJUL 9 2�2� 'LI NorthCwollnaDepartmmtofEnvlronmentalQuallty I DlvlsbnofCoastalMmagement Ellubeth City Office 1 401 South Gann Street. Sulte 300 I Ehrebeth Ory, North Carollna 2]909 pbrl s�"s.•v+\ /� 252.2643901 ROY COOPER Go,wrw ELIZABEITI S. BISER Secretary BRAXTON DAVIS Ohelyor July 8, 2021 MEMORANDUM: NORTH CAROLINA Ecvrron tat Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courler04-16-33) acimb0nar.0acdsnT.nos SUBJECT: CAMAtDredgre B Fill Application Review Applicant: MOD, LLC Project Location: 257 Flagship Court in Chowan County Proposed Project: Install two sections of bulkhead with return walls Please indicate below your agency's position or viewpoint on the proposed project and return this form to Graan Bodnar at the address above by July 29, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901. ext. 234) 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 AGENCY NC Commerce SIGNATURE V DATE 7-9-21 RECEIVE® JUL 9 2021 Nurelc Carotins Dcpattm tut En'ahooMenUl Quartr I Dl.istort of Coastal Mmapeacnt Eirabech City Orrice 1 401 South Grllrin51re<t, Suite 3001 naabeth Czy, Nccth Carc(1no 27909 nae:r� D � 7i7.26d.1R01 ROY COOPER Governor EL"ETH S. BISER Secretary BRAXTON DAVIS Director July 8, 2021 NORTH CAROLINA EnvinanmenralQuallty 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.bodnar0ricderin gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: MOD, LLC Project Location: 267 Flagship Court in Chowan County Proposed Project: Install two sections of bulkhead with return walls Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by July 29, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) 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 Christn Sandprfnrd AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality RECEIVED SIGNATUREfor Shannon .Ipnklns DATE 7/12/2021 JUL 1 3 2021 D_EQ� North Carolina Department oMvlronmentalQuality IDivision ofCoastal Management Elizabeth Oty OFnce 1 401 South Griffin Street, Sulte3oo I Elizabeth City, North Carolina 27909 mm�� 252.2643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 8, 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 (Courier 04-16.33) gml;g bndnar@ncdenr.eov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: MOD, LLC Project Location: 257 Flagship Court In Chowan County Proposed Project: Install two sections of bulkhead with return walls Please indicate, below your agency's position or viewpoint on the proposed project and return this form to Grano Bodnar at the address above by July 29, 2021. If you haveanyquestions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in- depth comments with supporting data is requested. _ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. _ This agency objects to the project for reasons described in the attached comments. PRINT NAME C, li' kh) li AGENCY tall r- �jyF—,LSkdp1V SBC�ian SIGNATURE _W ri✓ 1 DATE 7—D-D1f 0101 Q� RECO ED JUL 9 2021 MP SECTION MHD North Carogna Department Of Environmental Quality I Divlslon of Coastal Management eaabethCity ofnce 1 401SouthCrirllnStreet,Su1te300I E11zsbelhC1ty;Nar1hCaroi1na27909 252.2643901 Bodnar, Gregg From: Moore, Bill Sent: Thursday, July 15, 2021 3:45 PM To: Bodnar, Gregg Subject: CAMA Reviews Hey Gregg, Vonada Family Trust — Chowan County MOD, LLC — Chowan County Both project are single family lots located at RiverSound Farms; covered by existing sw permit SW7080105. Based on info provided in application, no further sw permits required. Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 INAD SOW �InW�f M EIIYMMMIIntaI0Ya11� 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 dovinnor. ELIZABETHS. BISER Seamq BRAXTON DAVIS D#WW July 8, 2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave.; Morehead City, NC 28557 Fax 252-247-3330 (Courier 0446-33). greegg bodpar(ancdgnngo SUBJECT: CAMA(Dredge & FillApplicatlonReview Applicant: MOD, LLC Project Location: 257 Flagship Court in Chowan County Proposed.Project: Install two sections of bulkhead with return walls Please indicate - below your agency's position or viewpoint on the proposed projectand retum this .Ack m to Grelm so at the address above by July, 29, 2021. If you have any questions regarding the proposed project; contact Cynthia Rountree (252-264-3901, ext.234) when appropriate; in- depth comments with supporting data is requested. "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 k s� dents. PRINT NAME o v-CNJ r AGENCY SIGNATUR DATE 89z PRECEIVED JUL 1 6 2021 POP SECTION Mall' North Carolina Department of EnvleonmentalQuallty I Division of Coastai Management Eliiabeth City office 1 401 South Griffin Street,Sulte 706 1 Elizabeth City, North Carolina 27909 252.2643901 ROY COOPER Governor ELIZABETH S. BISER Secretary. BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality MEMORANDUM JUL 1 6 2021 TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management MP SECTION MHD FROM: Charlan Owen ICP, NE District Planner Division of Coa tal Management SUBJECT: Major Permit Request by MOD, LLC to install 165 linear feet of bulkhead with 15 foot long return walls on the Yeopim River; at 257 Flagship Court, in Chowan County. DATE: July 15, 2021 Consistency Determination: The request is consistent with/not in conflict with the Chowan County & Town of Edenton Joint Land Use Plan certified by the CRC on November 15, 2018. Overview: The 10.65 acre vacant and unimproved subject property has approximately 207 linear feet of shoreline along the Yeopim River which connects to the Albemarle Sound. The property has an elevation of 3 feet above Normal Water Level (NWL). The property is bisected by the right-of-way of Flagship Court. Vegetation on the site includes trees, Section 404 wetlands, and a Coastal Wetland fringe at the eastern end of the shoreline. The property is located primarily outside of a Floodzone, with the northwest corner, including approximately''/: of the shoreline, located in the AE Floodzone. The subject property is located within the Riversound subdivision. The subdivision's developer was granted a CAMA Permit (Major Permit #126-09) in 2009 for a 130 slip floating marina to be located on a common area site west of the subject property. At that time the developer offered restrictions prohibiting shoreline stabilization and limiting waterfront lots to no more than one (1) mooring facility/boat slip per lot. This limitation was modified in November 2018 to allow certain lots to obtain permits for shoreline stabilization, with shoreline stabilization only being permitted through a CAMA Major Permit. Installation of 165 linear feet of bulkhead with 15 foot long return walls is proposed. The bulkhead consists of two (2) sections, a 44 foot long section to the west and a 121 foot long section to the east. The bulkhead will be installed an average of 2.5 feet and a maximum of 3 feet waterward of NWL. D��North Carolina Department of Environmental Quality l Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 rmmH runny 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management f MEMORANDUM Page 2 of 5 The waters of the Yeopim River are classified as SC waters and Inland Waters and are closed to shellfishing. No Submerged Aquatic Vegetation (SAV) is located within the project area. A review of historic and archaeological resources was not included in the Field Investigation Report. Anticipated Impacts resulting from this project are expected to include: the filling of 52 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and .11 acre of High Ground within the Estuarine Shoreline AEC. Basis for Determination: The subject property is designated as "Low Density Residential" on the Chowan County Future Land Use Map. The shoreline is depicted as "Proposed Greenway Trail" on the 2003 Edenton/Chowan Greenway and Open Space Plan map. "As indicated on Page 2-10 "...coastal wetlands, estuarine waters, estuarine shoreline, public trust areas, and 'Section 404' wetlands..." are part of the "Conservation" classification. "Also included in the Conservation classification are the future greenway corridors located throughout the County along creeks and rivers as depicted in the 2003 Edenton/Chowan Greenway and Open Space Plan and reproduced in Appendix 10..." of the Chowan County & Town of Edenton Joint Land Use Plan. For Conservation areas, "...passive recreation would be appropriate in this classification, provided environmentally sensitive areas are not negatively impacted." The following LUP policies may be applicable to this request: Public Access to Public Trust Waters: Policy PA-6, Page 2-41. "The Town of Edenton and Chowan County will continue to provide for the diverse recreational needs of the permanent and seasonal populations by supporting the design and construction of the extensive waterfront area in a manner that balances water access need with the protection of fragile natural resources." Land Use Comoatibility: Policy LU-2, Page 2-42. "The Town of Edenton and Chowan County support growth and de "���� in keeping with the Future Land Use Maps in this Plan." vim. J U L 11 6 20021 North Carolina Department of Environmental Quality I Divisl `tifCoa etheritt - MHD D E Q�� Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 euam�rauwi � 252.2643901 Nort�1 Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 5 Policy LU-9, Page 2-42. "The Town of Edenton and Chowan County will encourage land use proposals which will have no negative impact on historic, cultural and/or archaeological resources. These proposals shall be reviewed through the Section 106 review process as well as through the Historic Preservation Commission and the State Historic Preservation Office." Policy LU-10, Page 2-42. "The Town of Edenton and Chowan County shall adhere to the state's mitigation requirements, criteria, and concepts to minimize conflicts with natural resources and fragile areas. The Town and County shall also maintain local development standards (such as distance/separation requirements, buffering/screening requirements, etc.) for special and/or conditional uses in order to assist with mitigating potential negative impacts." Natural Hazard Areas: Policy NH-1, Page 2-46. "The Town of Edenton and Chowan County will conserve the natural resources and fragile environments that provide protection from such natural hazards as floods and storm surges." Policy NH-2, Page 2-46. "The Town of Edenton and Chowan County will minimize the threat to life, property, and natural resources that may result from land use and development within or adjacent to identified natural hazard areas." Policy NH-3, Page 2-46. "The Town of Edenton and Chowan County will continue to coordinate all development within the special flood hazard area with the NC Division of Coastal Management, FEMA, and the US Corps of Engineers. The Town of Edenton and Chowan County recognize and will continue to work with NC Emergency Management as the cognizant agency for risk management and 4 hazard mitigation, including administration of the National Flood � Program." IMI�9 JUL 1 6 2021 J,YIP SECTION Ni�-'D �2� North Carolina Department of EnvhxSouth Griffin Street. Quality I Division b Coastal Management Elizabeth City Office 14015outh Grifnn Street Suite 300 I Elizabeth City, North Carolina 27909 m� /'� 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 5 Policy NH-8, Page 2-47. "The Town of Edenton and Chowan County shall maintain flood damage prevention requirements that (1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or flood water velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; (4) Control filling, grading, dredging, and other development which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands." Policy NH-9, Page 2-47. "Chowan County supports the CAMA development permit process for estuarine shoreline areas and the requisite development standards which encourage both shoreline stabilization and facilitation of proper drainage." Water Quality: Policy WQ-2, Page 2-48. "Chowan County and the Town of Edenton shall require that all development adhere to State requirements concerning stormwater runoff limitations and standards." Policy WQ-3, Page 2-48. "It is the policy of Chowan County and the Town of Edenton to coordinate the approval of local land development projects with applicable state agencies to ensure compliance with regulations to prevent or control nonpoint source discharges." Policy WQ-5, Page 2-48. "Chowan County and the Town of Edenton shall maintain requirements that, to the extent practicable, require all development to conform to the natural contours of the land and ensure that pre-existing man-made drainage ways RECEIVED remain undisturbed. All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. No surface water may be channeled or directed into a 6 2021 sanitary sewer. Whenever practicable, the drainage system of a development JUL 1 shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or roads. All developments shall be constructed edy SECTION D DE Q v 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 uammmam"ev� /''� 252.2643901 Notth Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 5 and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments." Policy WQ-8, Page 2-48. "Chowan County and the Town of Edenton support state efforts to reduce nutrient loading in the surrounding surface waters." Policy WQ-9, Page 2-48. "Chowan County and the Town of Edenton shall require that development adhere to the state's buffer requirements for developments abutting water bodies and/or AECs." Policy WQ-10, Page 2-49. "In order to minimize sedimentation and erosion, Chowan County and the Town Edenton shall require that all developments maintain a vegetated buffer along each side of a stream or natural drainageway in accordance with State requirements." CE'P5 E® JUL 1 6 2021 MP SECTION MHD D E QZ� 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 ��^"�°mo°'N� 2S2.264.3901 ROY COOPER 0overnor ELIZABETH S, BISER secretory BRAXTON DAVIS Dlrecror July 8, 2021 MEMORANDUM: NORTH CAROLINA £nvhonmenralQud/ty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-1 B-33) g�eggihodnarno ncd -nr 0v SUBJECT: CAMA/Dredge & Fill Application Review Applicant: MOD, LLC Project Location: 257 Flagship Court in Chowan County Proposed Project: Install two sections of bulkhead with return walls Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greoo Bodnar at the address above by July 29, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in- depth comments with supporting data is requested. This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME�Lt/t7t.► tip~ li Cl L� AGENCY "t-U AAJ�: SIGNATURE DATE _gb"UQ V U I ad a4 D�FQ JUL 2 0 2021 IVIP SECTION MHD North Carolina Department orrnvlronmental Quality I Dl&lonofCoastal Management Elizabeth City OrOce 1401 South Griffin Street, Sulte 3001 Elizabeth City, North Carolina 27909 r- 252.2643901 Bodnar, Gregg From: Harrison, James A Sent: Thursday, July 29, 2021 4:50 PM To: Bodnar, Gregg Cc: Dunn, Maria T. Subject: Re: CAMA Major: Vonada Family Trust in Chowan County Attachments: NCDMF Comment Memo - Vonada Family Trust - Chowan Co.pdf; NCDMF Signed - Comment Sheet - CAMA - Vonada Family Trust in Chowan County.pdf Gregg, The comment sheet and comment memo for the Vonada Family Trust permit in Chowan Co. are attached. As a heads up, I requested the DMF AFSA moratorium for this one as well as the MOD LLC permit. This is slightly different than the moratorium requested by Maria. The locations are just outside of joint waters, so it's likely that species cross from joint waters into WRC waters. Just wanted to give you an explanation of the reasoning. Thanks Gregg! Jimmy Jimm� Harrison Habitat and enhancement Section NC Division of Marine Fisheries jamcs.harrison@ncdcnr.Qov 252-9+8-3835 (Office) 757-272-3250 (Mobile - Freferred) 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: Thursday, July 8, 2021 3:03 PM To: Shoaf, Brandon <brandon.shoaf@chowan.nc.gov>; Owens, Charlan <charlan.owens@ncdenr.gov>; raleigh.w.bland@usace.army.mil<raleigh.w.bland @usace.army.mil>; Padrick, Lee <Ipadrick@nccommerce.com>; DCR - Environmental_Review <Environmental.Review@ncdcr.gov>; Whitfield, Clif <clif.whitfield@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Walton, Tim <tim.wa[ton @doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Thorpe, Roger <roger.thorpe@ncdenr.gov>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A <Rodney. Butler@ ncdcr.gov> Subject: CAMA Major: Vonada Family Trust in Chowan County ROY COOPER Governor ELIZABETH,S. B1SER Secretary BRAXTON DAVIS Director July 8, 2021 NORTH CAROLINA EnvlronmentalQuallty 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) grege.bodnarCaincdenn eov SUBJECT: CAMA/Dredge 6 Fill Application Review Applicant: MOD, LLC Project Location: 267 Flagship Court in Chowan County Proposed Project: Install two sections of bulkhead with return walls 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 July 29, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE Jd�2 �444i461, DATE 28 July 2021 RECOVER AUG 2 2021 PUT SECTION MHD D_EQJ North Carolina Department of Environmental Quality l Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Sulte300 I Elizabeth City, North Carolina 27909 ,�o� /'� 252.26,43901 ROY COOPER Goretnor JOHN NICHOLSON Intaft Secretary KATHY B. PAWLS Director MEMORANDUM: TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: MOD, LLC., Chowan County DATE: 28 July 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that may impact fish and fish habitats. The proposed work is located at 257 Flagship Court, Edenton, within Chowan County. The applicant is proposing to construct two sections of new bulkhead with two 15' return walls landward of the wetland areas. The section to the west is proposed to be 44 linear feet and the section to the east is to be 121 linear feet, totaling 165 linear feet. The structures would be a maximum of 3' offshore; however, 2.5' is expected to be the average offshore distance. The waters at this site have been classified as SC and is not open to shellfish harvesting. A survey for submerged aquatic vegetation (SAV) conducted at this site found that SAV is not present. The Yeopim River at the location of the proposed project is classified as Anadromous Fish Spawning Area (AFSA), meaning it has been shown to be an important habitat for anadromous species. These areas provide the water quality and habitat needed for various stages of the life cycle for numerous important fish species, such as alewife and blueback herring. Vertical bulkheads have been shown to reduce biological activity in comparison to the three-dimensional habitat provided by natural shorelines. Because this area has been designated as AFSA, DMF recommends a moratorium on in -water work from February 15 through September 30. Although not required, this would also be useful for the upland work associated with the proposal. Should the moratorium not be required for upland work, appropriate sediment and erosion control measures should be installed to minimize potential of sediment runoff into the river. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 (office) or (757) 272-3230 (mobile - preferred), or at� ���� iamrc.harrisonOncdenr.gov with any further questions or concerns. .r_ p,11 r 2 2021 P SECTION WAD State of North Cardin I DMsion of Marine Fisheries 341 Arendell Street 1 P.O. Box 769 1 Morehead City, North Cardin 28557 252-726-7021 LJ North Carolina Wildlife Resources Commission Q Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Managementg ry g North Carolina Department of Environmental Quality g-`a `Iru^ C Y gW J U L 2 8 2021 FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division N��IP�-p g�^^tt^�pq�N MHD NIP SECTION N"'Sri➢"�H [tltlli''B �d DATE: July 27, 2021 SUBJECT: CAMA Dredge/Fill Permit Application for MOD, LLC, 257 Flagship Court, Lot 43, Chowan County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 257 Flagship Court, Lot 43 of the RiverSound Subdivision adjacent the Yeopim River off Drummonds Point. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. I I3A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to install two sections of new bulkhead with two 15' return walls landward the wetland areas. The western bulkhead section would be 44' in length and the eastern section 121' in length for a total of 165' with a maximum distance 3' waterward the shoreline. The Yeopim River at this location is classified SC by the Environmental Management Commission, is designated an anadromous fish spawning area (AFSA) by the NCWRC and NC Division of Marine Fisheries, and is within the NC Division of Marine Fisheries Striped Bass Management Area. The NCWRC has reviewed and commented on the development of this area since 2006. During these reviews, comments were submitted stating concerns for a variety of impacts including treatment of onsite wastewater, road and infrastructure establishment, general wetland fill, shoreline stabilization, marina lighting pollution, and overall shoreline development that contributes to the disconnect and loss of anadromous fish spawning habitat along the shoreline. These concerns were stated due to the importance the extensive amounts of riparian wetlands and natural shorelines have for wildlife and aquatic communities in the Yeopim and Middleton Creek systems. These wetlands and natural shorelines provide valuable habitat areas for numerous species of small mammals, reptiles, amphibians, and neo-tropical birds. Flood plain areas of these wetlands also provide spawning habitat for anadromous fish such as Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 I - I Page 2 blueback herring (Alosa aestivalis) and nesting habitat for a variety of duck species. The development of individual lots would significantly impact these habitats and functions unless done so with a minimal footprint. Penn it conditions were included that took these concerns into consideration thereby limiting shoreline development. In 2018 our agency and several other state agencies met with the developer and discussed allowing shoreline stabilization on certain lots with bluffs that exhibited erosion. Several lots have elevation changes from normal water level and are relatively stable with the establishment of cypress and other vegetation along the shoreline. The majority of lots upstream the boat ramp has extensive riparian wetlands and is not threatened by erosion. However, some lots near the marina could benefit from shoreline protection and upland terracing or grading. Lot 43 was one such lot. Therefore, the NCWRC does not object to application proposal as long as the following permit conditions are included: This area of the Yeopim River and Middleton Creek are designated AFSA and are highly regarded by the NCWRC due to their value for several anadromous species. To protect aquatic resources, the February 15 —June 30 AFSA moratorium is requested for all in -water construction. — To reduce the opportunity for sedimentation from bluff grading during biologically sensitive times of year, the AFSA moratorium would be appreciated, but is not required during upland grading. However, appropriate sedimentation and erosion control measures should be installed and inspected to ensure sediment does not leave the upland area and enter the water. We would like to note, as we did during on site meetings, that lot development and placement of structures on the lot can greatly influence how shorelines can be stabilized. This should be taken into consideration for any future lot developments. The NCWRC appreciates the opportunity to review and comment on this permit application. The proposal took many recommendations, including minimal shallow water habitat fill, from earlier meetings into consideration. If you need further assistance or additional information, please contact me at (252) 948- 3916 or at maria.dunn(a),ncwildlife.org JUL 2 S 2M Us'? 0"ECT10N rulHD ROY COOPER Covemor ELIZABETH S. BISER Se-ftry BRAXTON DAVIS 01rerfor July 8, 2021 MEMORANDUM: NORTH CAROLINA EnvtronmasmlQua/try 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) SUBJECT: CAMA/Dredge& Fill Application Review Applicant: MOD, LLC Project Location: 257 Flagship Court In Chowan County Proposed Project: Install two sections of bulkhead with return walls Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greao Bodnar at the address above by July 29, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) 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 'ditM%1-R, -T-->UMFC>P-- AGENCY t3C-3>EG:Z SIGNATURE DATE RECEIVED J U L 2 8 2021 D_EQ North Carolina Department of Environmental Qua@y I Division of Coastal Management Elizabeth Oty Orrice 1401 South Griffin Strect.Sulte300 I Elizabeth City. North Carolina 27909 " r -252.2643901 August 20, 2021 Regulatory Division ORM ID No. SAW 2021-01486 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED AUG 2 0 2021 MP SECTION MHD Reference the application of MOD, LLC, for a Department of the Army permit to construct a bulkhead, on property located at 257 Flagship Court, adjacent to the Yeopim River, near the Town of Edenton, in Chowan 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. 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. 3. 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. 4. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 5. 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. _ 6. 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 Geheral Statutes Chapter, 113A Article 4). 7. 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. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (910) 251-4564. Sincerely, Raleigh Bland, S.P.W.S. Regulatory Project Manager Copies Furnished: N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building Raleigh, North Carolina 27604 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 AUG 2 0 2021 FOP SECTION ftfliC Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ron Renaldi, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 E C E I 9CEu AUG 2 0 2021 RIP SECTION ITHD Received:8/3/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director July 8, 2021 MEMORANDUM: NORTH CAROLINA EnvrronmentalQuallty ER 21-1871 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.bodnarQ&n cdenr. eov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: MOD, LLC Project Location: 267 Flagship Court in Chowan County Proposed Project: Install two sections of bulkhead with return walls Due: 8/9/2021 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by July 29, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) 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" PRINT NAME AGENCY SIGNATURE DATE 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. Renee Gledhill -Earley Historic Preservation Office �,md4 k 08/24/2021 RECOVED AUG 2 3 2021 BEEP SECTION WID 11 North Carolina Department of Environmental Quality I DIvlslonofCoastal Management D Elizabeth MyOf ice 1 401 South Griffin Street, Sulte3001 Elizabeth Ctty, North Carolina 27909 u " /z� 252.2643901 I— FPOYCOOPEP Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director MOD LLC 4505 Dalton Road Chevy Chase, MD 2081593732 NORTH CAROUNA Environmental Quality September 7, 2021 RECEIVED SEP 7 2021 P'"? ;IFE- ;TIM111 ,17) DWR # 2021-1080 Chowan County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS MOD LLC - 257 Flagship Court Dear MOD, LLC: 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 July 7, 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 (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Open Water - Fill 0-1 .001(acres) 0 (areas) Plan Sheets �rrF.[lfSiiliF.1 ,1i3tfd7U � t 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 021-1.0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(01 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 .02001. 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 D_E QJ North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 ro.q� 252.946.6481 times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. S. This approval and their conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) cilendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and S: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 27609-628S 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.martinOncdenr.gov if you have any questions or concerns. Enclosures: GC 4175 Certification of Completion cc: Gregg Bodner, CAMA (via email) Cynthia Roundtree, CAMA (via email) Laserfiche/DWR file copy Sincerely, Raw Tea." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ ar'k w Err Y... ! �" �' -, i!•J� SEP 7 2021 �� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mail l Washington, North Carolina 27889 no cwmwun �� 252.946.6481 C WroNVO. BUl9 C. W. mAolo A \oo eBo YA soo nwXna 6 un HtwN l hniF Ysb atMTy 2eBFhBWPCM ftp m mm" 951FV.pMPL0u1 gry.q Om Tn.WmwF.�grXm neFmBwo�d W�a IdgLFnd PaWLeF.Xvsey UBB9 CmneY Glro plp REC E .----_ Bxowxe' WDuexomwcouxrvaB . 6XplEWe/NWII'FRCtI WA41REV01T8 TAVII Nfl1 LOII�IN6WYUXE ' AWIA WL¢Ci11UA WOREIHIEIED :�'6tMM0.eLf46W.WPOY WETWiDYMB ,� .� tl/ WlTLWO9MfA �..�.. •.... c NCCO/8f/iKET4NW MFA .......... '— EPOBOX FHWiWEM FAMODEDBYIIgEID AItiW1O1i ^^ MF4XBCR8BYfN/F/DAIGMIFNT • fllR\2F➢DBIIIRBEDµFA(BIIWIFID) • 111EEB VBEO IBtlEUV10RR BIffIME WA BMVEY y WAIFROFlIN.RDATXCRWLWAIFA lEYP1 BNYy RECEIVED NDD LL41RopmadButlwaBXetl6e6an1 ¢IWw.W9Fxm ..e�ni \sm�wijsN�e� y ,� 1 JUN - 7 2021 Pn�Ba.dWe �.W Illvl TWt-IM � m DCM-EC l_J V \ wFedeD MOD. LLC - LOT 43 SHORELINE PROTECTION DEVELOPMENT wwD as SITE DRAWING OVERVIEW uaLB: 11N •200 Ff. ¢wvmdoxw BXAw t TB a=BFu Tis 07 EE0T I W 5 SHEET 7 OF 5 _ aEuemXWERAPPROVED _ 9� �7y 1121r:�� MRpaMjNCL_2021-IOROVI PtoFaiyR s.^ xmm s onXu NFIN DDw.Ir R,SFN]Wp WM1 n^P m NOOLLO 'L7 RfpJ.bCM Pmp•rly OL IInWNDE�PenPr T^W 3ESPIyYJp Uu1 NooudO.Tx.rewa®elWtie+eaml Iw W.. amP EF�.a^«u: asn v^wm.axmxvaulO+s E,xPsoDOA P�oxmFe &d1MY M'at srsm) svu4va TOW:-iH � I I I I I I I I NOOILCYRay�mlBu6lstlD-FF+S•C ) I EiXWo�me ENapnat ITA �" PmPe.r R.omwm•p1,sF.aRmnw i-' 1 Ropw•a BUHeFE lEW 8a9m)NMw /� 1 Tpt-tEUR ii,Na I+VS NFviboO PWN �Cn>A V ,RE >ax I SEPy:::, scuE:r•Ax FA p SXOREtpe1NMIJ.FltPIxFIBURE Nle _•—•—•—•— rANExlM I LOi/®VKD ME ' SECII4FYCLL'i0.V8i6XOPElpEIEC _ '.'I �rWEIVJItbMRA _ _ _ ME WM19TNYRN.MPSMFA �. __ ___. ERf6XW f8EMIPLFNT PRawEo euuaerouavlMRlr .-••�--•--.-XEDx 6V DMIGWIERi . FROF!»fDDBr11RWREE0MFA(SIIWI VDI • o mEESUSEOMNwvREY.FDFaFneuxe • ROXBV0.VE WMFA EFRXSS PxATtl W NM WAiFR • �xDM� iSRWNAY^_ _ _ �—StlR•t�i D+• RECEIVED JUN-72021 DCM—EC 0 Rb xtw MOD, LLC SHORELINE PROTECTIONION DEVELOPMENT ELOPMENT wu o ms SITE DRAWING DEVELOPMENT AREA SCALE 11N �e0 FT. WDIONO: WM: s O�NPu Tm 07-10s82 SHEET 3 OFOF F 5 Ag DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: MOD, LLC 2. LOCATION OF PROJECT SITE: 257 Flagship Court, Chowan County, adjacent to the Yeopim River Latitude: 360 5'10.89"N Longitude: - 76028'16.25"W 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 11, 2021 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete - June 18,2021 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Chowan County Land Classification From LUP - CU-R25 Agricultural Residential (B) AEC(s) Involved: Public Trust Area and Public Trust Shoreline (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing - none Planned -none (F) Type of Structures: Existing -none Planned - bulkhead with returns (G) Estimated Annual Rate of Erosion: 0.95 ft per yr Source - applicant 7. HABITAT DESCRIPTION: (AREA] DREDGED FILLED SHADFn (A) Shallow Bottom (PTA) 52 sgft (B) Open Water (PTA) (C) High Ground (ES) 4,965 sqft (D) Total Area Disturbed: 5,017 square feet (E) Primary Nursery Area: No (F) Water Classification: SC Open to shellfishing: No RECEIVED JUL 08 2021 ')CM-MHD CITY MOD, LLC Field Investigation Report Page 2 PROJECT SUMMARY The applicant proposes install two sections of bulkhead with return walls. Proiect Setting The property proposed for development is located at 257 Flagship Court in Chowan County and consists of approximately 10.65 acres adjacent to the Yeopim River. The property is currently a vacant lot. The properties to the east and to the west are also a vacant lots. Vegetation on the site includes, but is not limited to, cat -tails (Typha spp.), pine trees, sweet gum, oak trees Cypress, Juncus effucus, Carex stipata and other non -coastal wetlands. Soil Types include Roanoke Silt Loam (Ro) and Dogue Fine Sandy Loam. The property has an elevation of approximately 3 feet above normal water level (NWL) along the shoreline with a small coastal wetland fringe on the eastern end. The shoreline is 207 feet in length and currently has no hardened structures along it. The water classification for this area is Tidal Salt Water (SC) and are in inland waters that are closed to shellfishing. An SAV survey conducted on this site showed there was none present. Development Proposal The applicant proposes to construct two sections of new bulkhead with two15 foot return walls landward of wetland areas. The section to the west is proposed to be 44 linear feet while the section to the east is to be 121 linear feet for a total of 165 linear feet with the maximum distance off shore of 3 feet with an average of 2.5 feet. This proposal is being reviewed through the major permit process due to the modification to the deed restriction on this lot that to allow for shoreline stabilization only through the process of the Divisions Major Permit application process as per condition #2 of the November 7, 2018 minor modification to CAMA permit #126-09, Anticipated Impacts The proposed development will result in the filling of 52 square feet of shallow bottom Public Trust Area. As well as the filling of 4,965 square feet of shoreline area. Temporary turbidity will possibly occur during construction. Submitted by: Cynthia Rountree Date: 6/30/21 RECEIVED JUL 08 2021 DCM-MHD CITY 0 APPLICANT: PROJECT: LOCATION: SAMPSON CONTRACTING, INC. kn Marine Construction And Environmental Consulting Services 'Pr 126 Hunters Trail West, Elizabeth City, North Carolina, 27909 USA Tel: 252 548 4292 - Fax: 866 793 4261 tedsr@sampsoncontracting.com www.sampeoncontracting.com PROJECT NARRATIVE IN SUPPORT OF REQUEST FOR MAJOR PERMIT 04/12/2021 (Revised 6/16/21) R E C. ! ' ' ' 11 W �r^�-- L.0 MOD, LLC Shoreline Protection JUN , a 4A DD, Chowan County, North Carolina; Lot 43, 257 Flagship Court, Farms at Riversound subdivision, off of Drummonds Point Road Directions: From Edenton's Highway 17 and Highway 32 intersection, proceed northeast on Highway 17 for 4.2 miles to State Road 1101 (Thick Neck Road), and turn right. Proceed 1.7 miles to intersection of State Road 1102 (Yeopim Road), and turn right. Proceed south for 0.5 miles to intersection of State Road 1100 (Drummonds Point Road), and turn left. Proceed east-southeast for 2.5 miles, and turn left onto Batts Island Road. Proceed 1.2 miles to north and turn right onto Flagship Drive. Proceed 0.2 miles to east to intersection of Flagship Drive with Trailwood Court and turn left. Continue following Flagship Drive to the north for 0.25 miles and turn right onto Flagship Court. After 0.2 miles Flagship Court intersects the western property line of Lot 43 (257 Flagship Court) the property of MOD, LLC. Development site is approximately 330-ft to the left, along the Yeopim River. SITE: Descrintion: The project area consists of a 10.65 acres tract of land, bisected by the Flagship Court road, situated along the Yeopim River to its north. This tract is owned by MOD, LLC., and identified on Chowan County Records as 257 Flagship Court, Lot 43-Farms at Riversound, and by PIN as 784500791608. The shoreline of the tract along the Yeopim River is 207 feet. This number is measured between the lot boundaries near the erosion escarpment, and does not take into account minor shoreline fluctuations along this property boundary observed on a site visit on 10/26/20. Nearly the entire tract is currently a pine and hardwood forest, managed in the past as part of active sylviculture. Nearly the entire tract is regarded as Uplands, with a relatively small area near the center of the Yeopim River Shoreline (approximately 0.2 acres) considered to be 404 wetlands and NC Coastal Wetlands (0.004 acres). RECEIVED JUL 0 8 2021 DCM-MHD CITY RECEI\/Ep AdioinineDevelooment All lots surrounding this MOD, LLC. tract are zoned for similar uses, are )6 1 a Zal currently undeveloped, and are forested with previously managed sylviculture. Outside of the Riversound subdivision, two lots to the east, there exists residential development with a pier and boathouse. Four lots to the west, DCM-EC MOD, LLC owns another Lot, where a home and a shoreline protection bulkhead have been constructed, and a pier has been completed to the point of piling placement. Farther along the Yeopim River, to the northwest, to the point where the river bends decidedly to the southwest, no lots have any residential or waterfront development, with the exception of the common -area marina location. This 130-slip permitted marina location lies on the sixth parcel to the northwest, and currently has been developed with a pier and 12 finger piers. The waterward extent of this pier lies 250-11 off ofthe shoreline. Erosion: Erosion is readily discernable along the shoreline of the Lot, where an erosion escarpment that is approximately 8-ft above Normal Water Level (NWL) has been breaking off and falling down to the elevation of the Yeopim River. Since the Lot was platted, 918 sq ft of uplands have been lost to erosion 138 sq ft/yr); 272 cu yds of upland soil have been lost 41 cu ydslyr); and the escarpment has receded 6.3-ft on average along the escarpment (0.95 ft/yr). This shoreline along the Yeopim River is a high energy shoreline where winds cross an open fetch of water ranging from approximately 0.9 miles when blowing from the east-northeast, 0.7 miles when blowing from the northwest, and a minimum of approximately 0.3 miles when blowing from the north. This shoreline is sheltered by land when winds range from the northwest, counter- clockwise, to the east-northeast. Soils: Information available from the USDA indicates only two distinct soil types on this Lot. One is a hydric soil type: Roanoke Silt Loam (Ro). This soil type comprises approximately 94% of the Lot and extends from the southern boundary to within approximately 125-ft of the shoreline along the western property line, and to within approximately 65-11 of the shoreline along the eastern property line. Within the band between the shoreline and the landward termination of the Roanoke Silt Loam, the soil is indicated to be Dogue Fine Sandy Loam. A second small area of Dogue Fine Sandy Loam exists along the western property line, just to the south of the existing gravel road and to the north of the indicated, interior wetland area. The Dogue Fine Sandy Loam is not a hydric soil type, and in the area of proposed development along the Yeopim River only this soil type is indicated to exist. Hydrology RECEIVED Thedrollogy of the project area varies by soil type. The area of Roanoke Silt Loam soil is 0 to 12 inches above the water table under normal conditions. JUL 0 S 2021 2 DCM-MHD CITY The area having Dogue Fine Sandy Loam is normally 18 to 36 inches above the water table. The Dogue Fine Sandy Loam soil in the area of proposed development is considered to be moderately well -drained, having a capacity of its most limiting layer to transmit water (Ksat) listed as moderately high (0.20 to 0.57 in/hr), and a depth to restrictive features of more than 80 inches. It is listed as having a high water capacity of about 9.3 inches. A typical profile is listed as: RECEIVED Fine Sandy Loam 0 — 8 inches; Clay Loam 8 - 66 inches; Sandy Loam 66 — 80 inches. JON 1 0 2021 The Roanoke Silt Loam soil is considered to be poorly -drained, having a DCM-EG capacity of its most limiting layer to transmit water (Ksat) listed as very low to moderately high (0.00 to 0.20 in/hr), and a depth to restrictive features of more than 80 inches. It is listed as having a high water capacity of about 9.2 inches. A typical profile is listed as: Silt Loam 0 — 8 inches; Clay Loam 8 - 13 inches; Clay 13 — 58 inches; Fine Sandy Loam 58 — 80 inches. Drainage from the portion of this tract that exists to the north of the gravel Flagship Court road is conveyed to the Yeopim River by sheet flow across the downslopes leading to the wetland area near the center of the Lot's shoreline. Drainage from the portion of this tract that exists to the south of the gravel Flagship Court road is conveyed to the Yeopim River by sheet flow along gradual downslopes to a natural wetland drainage located approximately '/4 mile to the east of the Subdivision. The Normal Water Level of the Yeopim River appears, from vegetative growth visible on tree buttresses and root mats, to vary by 12 to 16 inches in response to seasonal wind direction. Strong, sustained, seasonal winds likely cause temporary excursions of the water level two to three feet above and below the Normal Water Level. Section 404 Wetlands: A 404 wetland delineation has not been conducted for this tract. However, an assessment has been made for the presence of any such wetlands within the area where the shoreline protection development is proposed. A sizeable area (approx. 8540 sq ft) of 404 wetlands exists that drains to the Yeopim River near the center of the Lot. A narrowing band of these wetlands extends to the east along the shoreline, terminating approximately 63-ft from the east boundary of the Lot. These wetlands consist of a variety of vegetation, notably Juncus effuses, Carex stipata, Arundinaria gigatnea, and Taxodium distichum. The western section of the proposed Bulkhead alignment does not border these wetlands, and terminates along the shoreline to the west of where these wetlands are encountered. The eastern section of the proposed Bulkhead alignment borders the narrow band of these wetlands for approximately 70-ft, and lies landward of the wetlands by 2 to 6 feet. RECEIVED 3 JUL 08 2021 DCM-MHD CITY Earlier plats of this subdivision reflect an area of wetlands of approximately 12,690 sq ft just to the south of the gravel Flagship Court road cul-de-sac. The area depicted approximates an area shown on wetland maps to be a bottomland hardwood swamp. However, by onsite examination, this area did not appear to be 404 wetlands, did not exhibit the characteristics of bottomland hardwood swamps typical in this part of North Carolina, and appeared to be a part of previously managed sylviculture with no indications of altered drainage. RECEIVE® Coastal Wetlands: Within the eastern extreme of the narrow band of 404 wetlands that extends to the east along the shoreline, there is an area of approximately 160 sq ft of NC JUN 1 0 2021 Coastal Wetlands. These wetlands consist of a single species: cat -tail, (Typha, spp.). These coastal wetlands are situated almost in the middle of the property shoreline. The eastern section of the proposed Bulkhead alignment lies D CM -EC approximately one to four feet landward of this coastal wetland area. U I n : Upland vegetation in areas under sylviculture consist predominantly of Loblolly pine (Pinus taeda), which forms most of the canopy. An understory of deciduous trees exists, which consists primarily of Sweet gum (Liquidambar styraciflua). Other trees in the understory include a variety of oaks, most notable White oak (Quercus alba), Water oak (Quercus nigra), and Swamp Chestnust oak (Quercus michauxi). The understory is occupied fairly sparsely by a variety of shrubs, small trees, vines and grasses, most notably Wax Myrtle (Myrica cerifara), American beautyberry (Callicarpa americana), Giant cane (Arundinaria gigantea), Catbriar (Smilax glauca), and Muscadine grape (Muscadinia rotundifolia). Other areas not under cultivation include meadow grasses (Various), a few Loblolly pine (Pinus taeda), Sweet gum (Liquidambar styraciflua), along the shoreline Bald cypress (Taxodium distichum), and Wax myrtle (Myrica cerifera). Waters: The waters, from the source of the Yeopim River to the Albemarle Sound, are classified by NC Division of Water Quality as SC waters. This includes the waters along the project site. These waters are outside any primary or secondary nursery areas. The waters along the project site adjoining the Yeopim River are Inland Waters subject to the jurisdiction of the Wildlife Resources Commission. While the waters adjoining this tract lie outside any Primary or Secondary Nursery Areas, they are designated as an inland Anadromous Fish Spawning area. The waters adjoining the project site are also included within the Striped Bass Management Area. The waters adjoining the project site lie approximately 0.35 miles upstream and outside of the River Herring Management Area. These waters have been designated by the NC Shellfish RECEIVED Sanitation Commission to be prohibited areas for shellfish harvesting JUL 0 S 2021 n DCM-MHD CITY Submerged Aouatic Vegetation (SAV): In that this Permit seeks only limited in -water development no specific effort was made to assess the entire nearshore areas for SAV. However, on 10/26/21, the alignment of the western bulkhead was walked, and the shallow adjoining water was examined to detect the presence of any SAV. There were no beds of SAV detected, nor any rooted SAV plants associated with the proposed bulkhead alignment. On 4/5/21, this area was again examined to detect the presence of any SAV, with the same negative results. Historical -Archaeological: RECEIVED No Historical/Archaeological sites within the development area are indicated on the location traps retained by the NC Division of Coastal Management. JUN 1 0 2021 There is one site, C038, located approximately 0.25 miles to the east of the development area near the Yeopim River, and another site, C044, located DG.M_EC approximately 1.0 miles to the west, on the west side of Middleton Creek near its confluence with Burnt Mill Creek. Sppcies of Concern: In Chowan County, five vertebrate species of concern are listed by the US Fish and Wildlife Service and the National Marine Fisheries Service, and one vascular plant. Three of the vertebrate species are listed as Endangered. These are the Atlantic Sturgeon (Acipenser oxyrinchus), the Shortnose Sturgeon (Acipenser breviroslrum) and the West Indian manatee (Trichechus manalus). These species could be present in this area, but no reports of any sightings have been found. One of the vertebrate species is listed as Threatened. This is the Red Knot (Calidris canulus rufa). This species could be present in this area, but no reports of any sightings have been found. One of the vertebrate species listed is the Bald eagle (Haliaeelus leucocephalus), and it is a protected species under the Bald and Golden Eagle Protection Act. This species is known to be present in the area, and has been reported to be seen flying in the vicinity, with a nest sighted within approximately %-mile of the development site. There was no nesting habitat for this specie observed in the immediate area of proposed development. The vascular plant listed is Raven's seedbox (Ludwigia ravenii), and is classified as an At Risk Specie. This plant was not observed during the site evaluation and its typical habitat of peat soils and bogs make it unlikely that it exists within the area of proposed development. It is unlikely that the proposed development will have any impacts on the identified species of concern. DEVELOPMENT: Proposed New as Part of this Permit Application: Bulkhead: Two sections of bulkhead — a western section and an eastern section. Each to be wooden lap or sheet -pile bulkhead of 12 to 18 inch width, with return walls on each end of the bulkhead, each of approximately 15-ft RECEIVED length. The western section of bulkhead is to be 44-ft in length. The eastern JUL 0 8 2021 DCM-MHD CITY section of bulkhead is to be 121-ft in length. Total length of bulkheads proposed together is 165-11. Existing: Prior development includes only the buried power utilities and the gravel Flagship Court road that transects the property, constructed previously by the land developer. UTILITIES Wastewater: Wastewater handling is not currently provided, but future residential development would utilize onsite septic tank, pump and leach field. p Potable Water: RECEIVED Potable water is not currently provided, but future residential development would utilize a private, onsite well. JUN 1 g 2021 Power: Power is provided through connection to buried subdivision utilities. DCM-EC Telephone: No telephone utilities are currently available. Telephone is through cellular service. IMPACTS Project development under this Permit application seeks no new impervious surface, other than of the limited impacts of the proposed bulkhead (338 sq ft). Overall project development involves the following impacts: AVOIDANCE AND MIMIMIZATION RECEIVED JUL 0 8 20ZI Bulkhead: Bulkhead backfill will fill 64 sq ft of the Yeopim River. Driving of pilings and sheet -piles will result in minor, temporary acoustic shocks within the water column. Driving or jetting of pilings and sheet-piles/boards will result in minor, temporary turbidity in the water column. Placement of bulkhead tiebacks and grading of uplands to slope to the top of the bulkhead will result in soil disturbance of approximately 4,965 sq ft. Access: Access for equipment and materials is available through the tract to the Areas of Environmental Concern in the vicinity of the proposed development without crossing any Section 404 wetlands or coastal wetlands. Applicant seeks to provide erosion protection along the unprotected shoreline adjoining the Yeopim River through the construction of pile -supported wooden, and/or vinyl sheet -pile bulkheads. Sedimentation and erosion control during construction will be provided by construction sequence, with bulkhead construction being completed, where possible, prior to disturbance of adjoining uplands to provide backfill. In addition, construction of bulkheads will include the placement of filter cloth along the landward side of the bulkhead structures, extending landward a minimum of 6 feet from the exposed bottom of the bulkhead. If jetting of bulkhead components is utilized, DCM-MHD CITY ATTESTATIONS AND REQUESTS RECEIVED JUN 18 2021 DCM-EC RECEIVED JUL 0 S 2021 additional erosion protection will be provided in the form of silt fence and/or turbidity curtain as may be appropriate. If disturbance of uplands landward of the bulkhead alignment is necessary before the bulkhead is in place, temporary silt fence will be placed as needed. Stabilization of adjoining uplands will be addressed by providing seeding of the disturbed areas at the completion of the land disturbance. 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. Sincerely, Ted Sampson Environmental Consultant DCM-MHD CITY From Edenton's Highway 17 and Highway 32 intersection, proceed northeast on Highway 17 for 4.2 miles to State Road 1101 (Thick Neck Road), and turn right Proceed 1.7 miles to intersection of N State Road 1102 (Yeopim Road), and turn right Proceed south for 0.5 miles to intersection of State Road 1100 (Drurnmonds Point Road), and turn left. Proceed east-southeast for 2-5 miles, and turn left onto Batts Island Road. Proceed 1.2 miles to north and tum right onto Flagship Drive. Proceed 02 miles to east to intersection of Flagship Drive with Trailwood Court and tum left. Continue following Flagship Drive to the north for 0.25 miles and turn right onto Flagship Court. After 025 miles, a cut de -sac is reached, and the development site is al. metal 40¢jt 1p lln t Ong the Yeopim River. (j t ECEI�I</ llJl , MAY 7 2021 a'Jill �x oe Sft �- /f _ t� � �,1 ''`t�`''i'•�j'1 (► •� 1102 H a+ 110 ED�tJ�G1Jt P�P- 4 726 of _ r� • . 1 '�„� ��: � ,•//, � • _ � ' 7 _ i10J 11te� � r� _.� � ♦ �Q 1 r strannc 310 � 11 • ? �li� � H o Northeastern RGNL � � .. 1� p Air�o ED -i --- _—_ i mnir N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUT14ORIZATION FORM RECEIVED MAY 7 2021 DCM-EC Date: .. Aaril23 2021 Name of Property Owner Applying for Permit: Richard Dent Managing Memhcr, MOD LLC Malling Address: 4505 Dalton Road Chevy Chase, MD 20815 I certify that I have authorized (agent) lheodure Sa-0on & Sampson Contracting I� nc- to act on my behalf, for the purpose of applying, for and obtaining all LAMA Permits necessary to Install or construct (activity) shoreline erosion protection, at (my property located at) Lot 43, Farms at Riyersound Subdivision. 257 Flagship Court, Chowan County, tadiacent to Yeopim1iiver This certification is valid thru (date): October 23.2022. Property Owner Signature By: Richardf)entt Manaving_yjl Ember April 23, 2021 Date RECEIVED JUL 0 S 2021 DCM-MHD CITY RECEIVED Agency Form For Permit AlrPl(cations 1, I�ichtird J ent. Matiwiu Membst of MOD, I L.C. the owner of (he property located: MAY 7 2021 (prnperry amnen) Acloaccia to Yconini Itiver: of of DCM-EC Drutntnpnds I'nin� Rr�nil I,tX4 Fames al Rivrrsutmd Subdivision, 257 Flattshw Court. Chowan County. North (:arulina. (ptnprrn' hwarion/address) do hereby authorize: SAMPSON CONTRACTING, INC., and its agents ('Theodore Sampson, or others) to act as our agent for the purpose ofolitaming any environmental Permits, including, but not limited to Nt' Coastal Area Management Act permits, NC Dredge and fill Act permits. NC Dl:Q permits, US Army Corps of Engineers permits, and'or any local. or county building and environmental permits, that may be associated with die development at the above -indicated property, which entails: shorcline erosion protection. (deSC9Ybe the prapiwed devehpnioni for rt4)frh pra•ntlrr are beipig songhl) This agency authorization is limited to the specific activities described above, and will expire on: 23 October 2022, unless wrtlldrdwn in wn ing2 for r to that time (dnt,• an which ageecp aodrorication expires) (Ajrvti Information:) Sampson Contracting, Inc. t'S Iltinicis Trail West E.W.J%!ih City, NC 7.7909 Tel.: (= 52) 548.4292 (Propert) Ownerinformatiom) .... _ _ t�4.. ..... _ (signrtMrrl RXC igrd lknt for MQIW_J (.' (printed nine ofanner) Managing Member, (Title: ricer of co)p. owner sir n•nsn 0 .. Apri_23 2421__ (dare) 4505 uzlitlltRoad (Mailing Adrlr•ets) Chevy Chase. W 20815 (Cora stare, Zip Gulc) _ 301-652-8958 (Telephone Number) RECEIVED JUL 0 8 2021 DCM-MHD CITY ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiace, or on the front it space permits. 1. Article Addressed to: --- ANDREW L.8 CATHLEEN M. VONADA 8702 BRADGATE DRIVE ALEXANDER, VA22308 A. Signature X t B. Recelved by Printed Name) I C. Date of Delivery 19, VA, elf a )Y1 S/9•�l D. Is del" address ddienent 1mm Item 11 ❑ Yen If YES, enter delivery address holmw ❑ No 3. Service Type ❑NomYMail Ep ONO III IIII ❑ Adult ftnture ❑ Reglill.0 Mail'- III'III�I I'llllll111l lull II'IIIIIII III ❑ Adue Sigrmture R"Mcted oenwry ❑ qRoopp sfe,ed Mali FbsMctad DriA.WMWIS Dalh% 9590 9402 3392 7227 0497 65 ❑ Ce lfsd Ma I Re.Mcted Dallmy ❑ neturn r xVel f« ❑ COW on Delivery MexhaZIM 2. Article Number(Ima$for fromseNllW htn nr"I"XI a, Delivery Re,trmtd eaWory ❑ slgoatu,eCmfkmalbn'" ,H1 Man D61gna,un Conl✓nwlkx, 7020 2450 0002 2699 6949 ed +Mass k,ea Delmery Resukkd Delivery ._, seacl Ps Form 361 , Jt11y 2015 PSN 7=-02-O0"M I Domestic Return Receipt TIIIRACKIING1I0 Firbt-Class Mall I I( I( ( Paid USPS II I I III 1IAUSIIIPI1fS IIII' I I I I II I I II I I II I I I I Peffnit No. G-1D 1590 9NU2 1392 7221 1149� United States • sanad� r�a your earns, adaess, tmu ZIP+o• n tnis Do.• Postal Service I SAMPSON CONTRACTING, INC. 125 fiUNIERS TRAIL WEST EL ILABE T I I Cl l y. NC 27909 i--32162S 11IhI1,IIII I'll III Jill m, ill,) III Jill) w IjIJJjJI RECEIVED JUN - 7 2021 DCM-EC RECEIVED JUL 0 g 2021 DCM-MHD CITY ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1 a.tNt. areYeaaarl lry '— SAM HASSAN& DONNA ODOHERTY 98 LURLINE DRIVE BASKING RIDGE, NJ 07920 1!IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII IIIIIIII 9590 9402 3392 7227 0407 72 Article Number (transfer from Woke seep 7017 0660 0000 7181 7861 Form 3811, July 2018 PSN 7530-02-000.9053 A. 5ipnalur� X/ O �d ❑ Addreseee & by (Mnrod Hamel C. Date of Delivery D, Is delivery eddresa dritwent from aerrt 17 O Yes RECEIVED 0 YES, enter delivery address below: ❑ No Service Type D Pdwity Mae EMPlasse AdO sgnawre G Repistarw MM " yl0ul1 sipmtura nwbktw Delivery ❑ Re.TSIe Mau Reovlctw Cedikd Maly very Codirq MV ReeMctod mbvcry ❑ R.. R"" W C=t W 00"T Mwha"se COlbet m 0e1ivery Resldcted Deevery G signature 0o04melbn'" .—., dMail ❑ slpnalurecofi,.tbn W Mall Resblcled Ossuary Resbmsed Delivery USPS MCKING q 111111111114���Tr1 9590 9402 3392 7227 0497*72 United States a Sender: Please print your name, Postal Service Domestic Return Receipt SAMPSON CONTRACTING, INC. 125 HUNTERS TRAIL WEST ELIZABETH CITY, NC 27909 t First -Class Mall Postage 8 Fees Paid tlSPS Permit No. G-10 boxer JUN 7 2021 DCM-EC RECEIVED JUL 0 8 2021 DCM-MHD CITY Filed: 07y29/201509:41:31 AM Lynn C. Gilllard, Register of Deeds Chowan County, NC Revenue Tex: $360.00 Land Transfer Tax: $1.799.00 Book 477 PAGE 924 (3) .,i i•:., NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identifier No. 794500791609 Verifled by 19421•A OR NC 28031 This instrument waa prepared by: Hugh). Fnmldin, Attorney sl Law, 19421-A Liverpool Parkway. Comeliva, NC 28031 Briefdncripuon for the index! LOT 43 RiverSound Phase ll, THIS DEED medic ibis 28th day of July — — 2015 by sod bei rreenn GRANTOR Yeopim Parmem LLC 19421 Liverpool Parkway Cornelius. NC 28031 MOD, LLC 4505 Dalton Road Chevy Chm, MD 20815 RECEIVED Mr 7 `t DCM-EC . 1 Enter in appropriate block for each Grantor end Grantee: name, mailing address, and, if appropriate. character of entity, e.g cmporanm w parmcnmy The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include singular, Plural, malscullm fersdnlne or neuter as required by context. W17NESSETH, that the Grantor, fora valoabk coasidmtioepaid by the Gnaw, the neeiptofwhich is hereby adolowkdged, has and by dnese presents does grant, borgda sell and convey unto the Grantee in fee simple, all that certain hot orpsmol of hard situated in the City of Edenton I Yeopin TowmMp, LLowan _Cooray,North Caolina and more particularly described as follows: See Fxhibit Aatinched hereto and incorporated herein by reference The properly herehnabove described was acqubod by Oranter by iustnrlCal mKordcd in Book 463 page 663 All or a portion of the property, herein conveyed _ includes or LC doe not include the primary residence of a Grantor. A map (bowing the above described property is recorded in Plat Book � .— page 74H NC Br ArM rvn No. 3 01976. Revisd O 1/1,7010 I%! by Aymnaean W h der NC Ov A..ddi e r.Sea9�- 1191 ?FCFIVED JUL 08 2021 DCM-MHD CITY Book 477 Page 925 TO HAVE AND TO HOLD the aforesaid lot or pucel of land and all privilegcs and appurtenances thereto belongiogro tbeGrantoe in fee simple. And the Gramme covenants with the OranOee, thatOramtor is wined of the ptem. in feesimple, has the rights cowmythe same In The sirtpk, that thle is madetable sod five and clear of all encumbrances, and that Orator will wamnt sad defend the title aping the lawfW claims of all persons whomsoever. other than Poe folbwing exoeptlom: Eesanents, Restrictions, lights of Way, and other mattcrs set forth in the title policy to be issued consistent with the Commitment exibitcd to Grantee. IN WITNESS WHEREOF, the Grooms has duly executed the foregoing as of the day and yen forest above wnum Ye opim Partners. LLC BC�(8ntlty Name /rtGt i� Title: Manager Dianne S. Moore By. Title: (SEAL) (SEAL) fgmL)RECEIVED State of North Carolina - Canty, of 1, the tmdenignM Notary Publle of the County and State afaatld, ontily that personally appeared before me Ibis day and ukwwladged &a fie arauaon of the foregoing instrument for the purposes therein apreuc& Witness my hand and Normal stamp or sal d is _ day of 120. My Commission Expires: Notuy Public State of Nor9t Carolina - County of Mecklenhura 1.the ®derasigoed Notary Public of the Camtyatd Stare aforesaid, cer*thst Dianne S.Moore personally cam bcfae me this dry snd aclnowleW tbat she is the Manager of Yeopim Partners, LLC , a North Carolina or corporvtiodldmihdhab tyonmpanyJgmldW;a+ ftmlhp(SU d. W 6*= � tbatbyMsnct borilydulygivena d as the aof such entity, she signed the foregoing iosht®entmits �Ltyd deed Wi6emy hand and Notarial a" or seal, this28th day of Julv . 2�'400�'t'011�e My Co®WlonExpires: July28,2017 61:: I, the tmdedgaed Notary PdAk of Poe County and State at"A . Wimesa my hand and Notarial stamp or seal, this _ day of .20_. My Commission Notary Public '[fie faregermg Catl6ata(a) of laJamexrd8cdnbeeonect. Thu bamunmtandt6i owdfiaeamehdyraliswWatthedametddmeandindoBooksodPgpdmm on the Antpago kervoc Register of Dmh for Canty By, Deputy/Assistant - Regiaver of Deeds NC Bar Assaladon Form No. 1-3 O 1976, Revised O 1977, 2002 Pritttedby Agreement whh the NC Su Association -1981 SoltPro Curporadon, 333 E. Six Forks Rd, Rdeigk, NC 27609 MAY 1 2021 DCM-EC RECEIVED JUL 08 2021 DCM-MHD CITY Book 477 Page 926 Situate in Yeopim Township, Chowen County, North Carolina, and being Lot 43 in Phase II of RiverSound Subdivision, as the same Is shown on and more particularly described by Plat recorded in Plat Cabinet 2 Slides 74H through 75E of the Chowan County Registry entitled "The Farms at Rlversound", by Tennessee RECEIVED Land Surveying Co. TOGETHER WITH AND SUBJECT TO the terms, conditions, easements and obligations shown on the referenced Plat, or contained In that certain Amended Declaration of Covenants, Conditions, Reslridlons and Limitations set forth in Deed Book 380 at Page 932 of the Chowen County Registry, as the some has been amended and supplemented according to Its terms, and specifically Including that certain Supplementary Declaration recorded In Book 476 at Page 481 of the Chowan County Registry. TOGETHER WITH a non exclusive and perpetual right of access over, and subject to the rights of others In the roadways shown on the referenced plats for Ingress egress and regress to and from Drummonds Point Road and within Riversound Subdivision, in accordance with the use and maintenance provisions set out In the above referenced Dedaratlons. (MOD 49.PFOMM 43115) MAY 1 2021 DCM-EC RECEIVED JUL 08 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 8, 2021 MOD, LLC c/o Richard Dent 4505 Dalton Road Chevy Chase, MD 20815-3732 Dear Mr. Dent: NORTH CAROLINA Envtranmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval for development to install two sections of bulkhead with return walls located at 257 Flagship Court in Chowan County. It was received complete June 18, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 1, 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 June 18, 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 property owner, developer, and project designer/consultant. NCGS I I3A-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 'JUL 0 g 2021 DCM-MHD CITY D _E QJ North Caroltna Department of Environmental Quality I IMNslon of Coastal Management Elizabeth City Olace 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 ••++a+v� /'� 252.2643901 MOD, LLC July 8, 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 Cynthia Rountree, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, L Ron Rena f District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Cynthia Rountree, DCM, Elizabeth City, NC Ted Sampson, Sampson Contracting, Inc, Elizabeth City, NC RECEIVED JUL 0 8 2021 DCM-MHD CITY MD_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Offia 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 o m j m T I ! J CAMA PERMIT APPLIED .FOR PROJECT: Install two sections of bulkhead with return wall. COMMENTS ACCEPTED THR00 __ _ _Auguse4,2021 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: MOD, LLC Cynthia Rountree 4505 Dalton Road 401 S. Griffin Street, Suite 300 Chevy Chase, MD 20815-3732 Elizabeth City, NC 27909 301-652-8958 252-264-3901, ext. 234 ROY COOPER Governor ELIZABETH S. sISER Secretary BRAXTON DAVIS Director ' 11 II•;..\� 11 NORTH CAROLINA Environmental Quality TO: The Chowan Herald Edenton, NC 27932 c/o edalegals@daityadvance.com FROM: Ella Godfrey DATE: July 8, 2021 SUBJECT: Major Public Notice: MOD, LLC Please publish the attached Notice in the Thursday, July 15, 2021, issue of THE CHOWAN HERALD. Please note that this is for a one -day publication only. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send an 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, PIC, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File RECEIVED JUL 08 2021 DCM-MHD CITY 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 252.2643901 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 an application for a development permit in an AEC as designated under the CAMA was received on 06/18/21. MOD, LLC proposes to install two sections of bulkhead with returns, located at 257 Flagship Court in Chowan 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 08/04/21, 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: Thursday, July 15, 2021 RECEIVED JUL 0 8 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management D_E Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 RECEIVED JUL 08 2021 DCM-MHD CITY RECEIVED MAJOR PERMIT FEE MATRIX Aonlicant: MOp . LI,C. JUL 0 8 2021 LIL;M-MHD CI Selection Development Tqnot Fee DCM % DWQ % (14300 1601 4361000931625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that do$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 Ma or 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- c14 ommercial 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 Certification No. $400 60% ($240) 160) 4;1%,(S 44175�(see attached) cannot lied: r development that es the filling and/or $475 60% ($285) 4190) excavation of more than one acre of wetlands and/or open water areas: —This is a word processing form to be completed in Microsoft Word*** RECEIVED NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) 'JUL 0 S 2011 DCM-MHD CITY Applicant: MOD, LLC Data: 72/2021 Project Site County Chowan Staff: Cynthia Rountree District NElizabath City Washington ❑Morehead City [I Wilmington Project Name: Rover File: Date of initial application submittal (EX:1/8f2007): 6/72021 Date application 'received as complete"in the Field office (EX. 1/8r2007): 6/182021 Permit Authorization: ❑LAMA []Dredge & Fill OBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes NNo Photos Taken: Yes 0 No Setback Required (riparian): Yes Mile Critical Habitat 0 Yes IKNo ONot Sure 15 foot waiver obtained: Yes ZNo Hazard Notthcalion Returned: ❑Yes ®No SAV: Yes No ❑Not Sure Shell Bottom: Yes No Not Sure Temporary Impacts: Yes No Sandbags: Yes Milo Not Sure Did the land use classification come from county LUP: ®Yes []No Mitigation Required (optional): []Yes ®No Moratorium Conditions: Yes No ®NA Environmental Assessment Done: [I Yes ❑No ®NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) WETLANDS IMPACTED ® (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Urnonium sp.) (SS) Glasswon (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladiumismaicense) ❑ (SA) Salt marsh cordgress (Spartina (SY) Salt reed grass (Spartins altemiflom) cynosuroldes) (DS) Salt or spike grass (Disfichlis El (SC) Bullnish or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncos ❑ (SP) SaWimeadow grass (Spartins rosmerianus) patens) APPLICATION FEE El No fee required - $0.00 0 III(A) Private w/D&F up to 1 acre; 3490 W(D) Prfv. public or Comm w/D&F to 1 can be applied - $250 acre; 3490 can? be applied - $400 El Minor Modification to a CAMA Major Major Modification Ea- LAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more then 1 acre - $475 Permit Transfer- $100 111(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - ll. Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or rill - $250 ❑ III(C) Priv. public or comet w /D&F to 1 acre; 3490 can be applfed; DCM needs DWQ agreement - $400 252-808.2808 :: 1-8884ACOAST :: www. nccoastalmanagement. not revised: Nov. 2012 NC Division of Coastal Myt. Application Computer Sheet, Page 2 of 31 Applicant: MOD, LLC Date: July 2, 2021 'JUL 08 2021 DCM-MHD CITY Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension f Dimension 2 Dimension 3 Dimension 4 One One Bulkhead 1 New work Replace 44 ft i ft 3 ft Maint ❑ ❑ Y M N Bulkhead 1 New won Replace 121 ft 1 ft 3 ft Maint ❑ ❑ Y ® N Fill (shoreline 1 NewWofk Replace 192 cubic stabilization Maint ❑ ❑ Y ® N yds below H2O Fill (General) 1 New Wont Replace 44 ft 20 ft 1 ft Maint ❑ ❑ Y ® N Fill (General) 1 Now WO Replace 121 ft 20 ft l ft Maint ❑ ❑ Y O 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 Replace Maint ❑ ❑ Y ❑ N New Work 0 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 Replace Maint ❑ ❑ Y ❑ N New Wont Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wotk Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 NG Divisirm of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: MOD, LLC Date: July 2, 2021 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. Ft. (Applied for. Disturbance total includes any anticipated restoration or tento impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or lamp im act amount TOTAL Feet (Applied for Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration endror temp impact High Ground Ore Dredge[IFill ® Both ❑ Other ❑ 4,965 sgft 4.965 stilt —amount Shallow Bottom Dredge ❑ Fin ® Both ❑ other ❑ 64 stilt 64 sgft Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill Q Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FBI ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED JUL 0 S 2021 DCM-MHD CITY 252.808-2808 :: 1.88BARCOABT :: www.nccoastalmanagement. not revised: Nov. 2012 ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director July 8, 2021 MEMORANDUM: NORTH CAROLINA Envinutamtol Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-15-33) greg&hodnar(&ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: MOD, LLC Project Location: 257 Flagship Court In Chowan County Proposed Project: Install two sections of bulkhead with return walls 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 July 29, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) 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" PRINT NAME AGENCY SIGNATURE DATE 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. RECEIVED JUL 08 2021 DCM-MHD CITY D _EQJ 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 252.2643901 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: MOD. LLC Distribution Date: 7/8/2021 AGENCY ECRO Community Development/LPO Brandon Shoaf DCM Planner Charlan Owens Eliz City US COE: Raleigh Bland Community Assistance Lee Padrick (Beaufort Carteret Craven, ElizCity, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No bryer public Water Supply) Of Whitfield Marine Fisheries James Harrison David Harris Shannon Jenkins Sharon Gupton Tim Walton Mike Moser Wanda Hillard Sheri Montalvo — Samir Dumpor Roger Thorpe Chris Pullinger Maria Dunn (WARO) Rodney Butler NC DOT Shellfish Sanitation State Property DEMLR/DWR: DEMLR Sediment & Erosion- Storm water- DWR 401- WRC National Heritage Program RECEIVED JUL 0 8 2021 DCM-MHD CITY Revised : 6/29/2018 P_ Bodnar, Gregg From: Dunn, Maria T. Sent: Monday, July 12, 2021 10:33 AM To: Pullinger, Robert C; Harrison, James A Cc: Bland, Raleigh W CIV CESAW CESAD (USA); Bodnar, Gregg Subject: RE: CAMA MAJOR - MOD, LLC in Chowan County Attachments: Drawing Incorporating Onsite Meeting Discussions -River Sound 10-2018.pdf; Copy of Data from Onsite Meeting -River Sound 10-2018.xlsx This application as well as the Vonada Family Trust application is within a project area that has a good bit of history and change of names and associates (River Sound, Farm at River Sound, Yeopim Partners, Ted Sampson, MOD LLC, etc.). I'm sending this to give a bit of history. The original project was circulated through State Clearinghouse and received extensive comments. The agencies and developer worked through a process and several agreements were made and incorporated into permit conditions. The development never kicked off at the time and the marina was never developed to its fullest allowance. One of the conditions was shoreline management restrictions. This came as a result of the concentrated development proposal at the marina and the general layout of the shoreline (not eroding, wetland fringed, significant wetlands, blackwater cypress knee wetlands conditions, anadromous fish spawning area, etc.). In 2018 the agencies along with a representative of the development (Ted Sampson) met and walked the properties. A modification was granted based on the site visit and agencies' comments. Attached is some information from that era regarding the shoreline conditions for you to consider during your review. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Godfrey, Ella M <EIIa.Godfrey@ncdenr.gov> Sent: Thursday, July 8, 2021 2:11 PM To: Shoaf, Brandon <brandon.shoaf@chowan.nc.gov>; Owens, Charlan <charlan.owens@ncdenr.gov>; raleigh.w.bland@usace.army.mil; Padrick, Lee <Ipadrick@nccommerce.com>; DCR - Environmental —Review <Environmental.Review@ncdcr.gov>; Whitfield, Clif <clif.whitfield@ncdenr.gov> Cc: Harrison, James A <James.Harrison@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Thorpe, Roger <roger.thorpe@ncdenr.gov>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A <Rodney.Butler@ncdcr.gov> Subject: CAMA MAJOR - MOD, LLC in Chowan 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 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. 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.aodfrevancdenr.gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 nothing Compares..-,... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. htti)s://deg.nc.gov/about/divisions/coastal-management Property Of. Gaby D. Ar iuco 15 Tralwood Cot Property OF: Robert Lee & Sabrina Culler Elks 3035 Connam On" RECEIVED JUL 0 8 2021 DCM-MHD CITY 0 50 100 200 300 400 Soo SCALE: 1'- 200, MOD LLC's Proposed Bulkhead (West Section) Distance along Escarpment 44A Proposed Return Wells (2)16' Each; 30-ft OA Proposed Bulkhead (Well Section) Structure Total: - 74-ft Property Of: �...........; ; .: - ..... Sam Hassan & Donna Mane O'DDhorty 249 Flagship Coup Property Of: MOD LLC 257 Flagship Court 'IL' 7-Ft MSL(100 Year Flood Plain) 4 ;; 1 " n t \ I 1 Property Of. The Vonada Family Trust 268 Flagship Conn Property Of: Lesley L. and Patricia F. Kersey 3065 Conners Dr. ` ) 1 LLC's Proposed Bulkhead (East Section ince along Escarpment: 121-ft 1 osed Return Walls (2)15' Each; 3 -ft OA coed Bulkhead (East Section) S I: -151-ft X YEOPIM RIVER T0.32 Miles \ o Neereal Lend --� •Y Y 15-Ft Ripanen Se ack Llne Vonada Family Trusts Proposed Bullhead along Escarpment: 5241 Proposed Return Walls (2)15' Each; 30-ft OA ' Proposed Bulkhead Structure J Total :-82-ft y 1 1 a — — — — — — — SHORELINE. FROM CHOWANCOUNTYGB —,—,—,—,—, SHORELINE(NWL) -FROM MEASUREMENTS TAKEN /113ol LOTI9OUNDARY LINE ------ --- - WCAMA PUBLIC TRUST SHORELINE AEC -._ .. a'L HARDWOOD SWAMPON WETLAND MAPS 404 WETLANDS AREA NC COASTAL WETLANDS AREA EROSION ESCARPMENT PROPOSED BULKHEAD ALIGNMENT •• NEIGHBOR'S BULKHEAD ALIGNMENT PROPOSED DISTURBEOAREA(BULKHEAD) • TREES USED AS MEASUREMENT BASELINE IRON SURVEY PINS WATER DEPTHS (Fit AT NORMALWATER LEVEL (HAIL) RECEIVE© J U N - 7 2021 DCM-EC 1) OrawmgS delved from Information available from the Chowan County GIS; measurements on 111 V21; survey of Nirho as M. Rackley, L5062, signed on May 21, 2018; and Preliminary site development drawings by Raddey Land Surveying, provided by Sound Home Builders on January 12, 2D21. 2) Drawing is for permitting purposes only and not construction. 3) Copyright Q 2021 SAMPSON CONTRACTING,Inc. All rights reserved. This material is the property of SAMPSON CONTRACTING, Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distributed, or altered in any fashion by any enaty without the express written consent of SAMPSON CONTRACTING, Inc. Written consent is hereby granted to MOD, LLC, and NC DCM, NC DE-Q, and the US ACOE for Permit processing purposes. PE STAMP $AMP9DNC01PlRACIaC,llif 19!a XerrWa rnee West MOD, LLC - LOT 43 SHORELINE PROTECTION DEVELOPMENT SITE DRAWING OVERVIEW 1 1N. - 20O FT. DRAWING NO.: TS D, TJS 07 - 100820 - 002 SHEET 1 OF 5 01115J21 Mw Property Of. Sam Hassan s Donna Made O'Doherty 249 Flagship Court Prop"01: .•, ••.•. MOD LLC \, ' • ' 257 Flagship Court ' "\•. •. MOD LLC's Proposed Bulkhead (West Section) Distance along Escarpment 44-R Proposed Rehm Wells (2) 15' Each; 34R CIA Proposed Bulkhead (West Section) Structure Total; -74-a 1 Property Of: ..... The Vonada Family Trust Proposed Bulkhead Eeal Section) MOD LLC's A ( ) 268 Flagship Cowl \ \ ; ; Distance along Escarpment: 12141 Proposed Rehm Walls (2) 15 Each; 306n OA ` Proposed Bulkhead (East Section) Skuclure •' Total: - 151-R RECEIVED IN JUL 0 g 2021 \\ 7-Ft MSL (100 Year Flood Field) "HD CITY \1 Property 01: \ - - t Lesley L. and Patricia F. Kersey 3D65 Conners Drive 0 50 100 200 SCALE: 1" = 80' 1 .1 I I I I I a Ii 15-Fl Riparian — Setback Una iGFt Riparian _-- �-atoacvW��ne— I k .` Vonada Family Trust's 1;� •, Proposed Bulkhead along Escarpment 52-R Proposed Return Walls (2) 15' Each; 36ft CA Proposed Bulkhead Structure ` - . Taal: - 82A 1 1 1 � ` I I I I I I I I I I I i YEOPIM RIVER r — — — — — — — SHOR ELNE- FROM CHOWAN COUNTY 00 .,.,.,.,—, $NOR ELNE(NWU- FROM MEASU REMENTS TAKEN 1/13121 LOWBOUNDARY LINE - — - — — - — 3a CAMAPUBLIC TRUST SHORELINE AEC B/L HARDWOOD SWAMPON WETLAND MAPS 4 WETLANDSAREA NC COASTALWETLANDS AREA EROSION ESCARPMENT PROPOSED BULKHEAD ALIGNMENT — — — — ^- NEIGHBOR'S BULKHEADALIGNMENT PROPOSED DOTURSEDAREA(BULKHEAD) TREES USED AS MEASUREMENT BASELINE IRON SURVEY PINS WATER DEPTHS (Ft) AT NORMAL WATER LEVEL (NWL) RECEIVED JUN - 7 2021 DCM—EC County GIS; measurements an Ill 3121; sway of Nicholas M. Rackey, L5D62, signed on May 21, 2018; and Preliminary site development drawings by Racklay Land Surveying, provided by Sound Home Builders on January 12, 2021. Drawing is for permitting purposes only and not construction. Copyright 0 2021 SAMPSON CONTRACTING,Inc. All right: reserved. This material is the property of SAMPSON CONTRACTING, Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distributed or altered in any fashion by any entity without the express written "Sent of SAMPSON CONTRACTING, Inc. Written consent is hereby granted to MOD, LLC, and NC DCM, NC DEQ, and the US ACOE for Permit processing purposes. I STAMP a DATE MOD, LLC - LOT 43 SHORELINE PROTECTION DEVELOPMENT SITE DRAWING DEVELOPMENT AREA- EXPANDED 1IN. =200 FT. wwG NO.: TS D. TJS 07 - 100820 - 002 SHEET 2 OF 5 O1/1521 I I ' . I (/ram 1 I 1 r MOD lLC's Proposed Bulkhead (West Section) / Distance Wong Escarpment: 44-11 Proposed Return Walls (2) 16 Each; 30-ft OA z Proposed Bulkhead (West Section) Structure Total: - 74-ft I Properly Of: )/ Sam Hassan 6 Donna Made O'Dohedy 249 Flagship Court I f. '\ t c d / ` \ % ) Property Ot: MOD LLC 257 Flagship Court Properly Of: The Variants Family Twat 263 Flagship Court MOD LLC's Proposed Bulkhead (East Section) Distance along Escarpment: 121-n E I VE D Proposed Return Wails (2) 15' Each; 36R OA Proposed Bulkhead (East Saul Structure Tole: - 151-ft 08 2021 7-Ft MSL (100 Year Flood Hain) CITY 0 50 100 2W mmmmmmmimi SCALE: 1" = 40' .: 15.Fl Riparian_ -- --—�elbadc Line Land - - - - - - - - - SHORELINE FROMCHOWAN COUNTYGIS _,_•-•_,_• SHORELINE(NWL)- FROM MEASUREMENTS TAKEN 1113121 LOTIBOUNDARY LINE - - • - - - - - - 3D CAMA PUBLIC TRUST SHORELINE AEC .. - 404WETLANDSAREA NC COASTAL WETLANDS AREA EROSION ESCARPMENT PROPOSED BULKHEAD ALIGNMENT • - - - - - - - NEIGHBOR'S BULKHEADAUGNMENT PROPOSED DLSTURBEDAREA(BULKHEAD) 41 TREES USED AS MEASUREMENT BASELINE RON SURVEY PINS WATER DEPTHS (Ft) AT NORMAL WATER LEVEL(NWL) RECEIVED J U N - 1 2021 DCM-EC • �' GENERA(, NOTES 1) Drawings derived from Inform alion available from the Cllowar County GIS; measurements on V13121; survey of Nicholas M. RaoMey, L5062, signed on May 21, 2018; and Preliminary site development drawings by Rackley Land Surveying, YEOPIM provided by Sound Home Buiders on January 12, 2021. RIVER 2) Drawing is for permitting purposes orgy and not cOnSImetion. 3) Copyright ® 2021 SAMPSON CONTRACTING,Inc. All right: r reserved. This material is the property of SAMPSON CONTRACTING, Inc., and is protected by the copyright laws of the United Slates and other countries. It may not be reproduced, distributed, or altered in any fashion by any entilyw)01ou1 the express written consent of SAMPSON CONTRACTING, Inc. Written consent is hereby granted to MOD, LLC, and NC DCM, NC DEQ, and the US ACOE for Permit processing purposes. 15-F1 RlpeMn Setback Lim NO REVISION DATE 1 Imprwe vMabiRry bf Shwdine (NWL) 06/0:Y21 panes Mp" PESTAMP 1011MINCEIN gecMG,> M 123 HurMra Tra9 Went Vora da Family Trust's Proposed Bulkhead Wong Escarpment: 52-n Proposed Return Walls (2) 15' Each; 30-m OA Proposed Bulkhead Structure Total: - 82-ft MOD, LLC - LOT 43 SHORELINE PROTECTION DEVELOPMENT SITE DRAWING DEVELOPMENT AREA 1 IN. =40 FT. TS 07 - 100820 - 002 L T'� SHEET 3 OF 5 1-1- 01/15121 1 L N CS iV 0 "Y Z a .N 11 V o z 8g6 aO 0 H �O W c VarE m0 p �V Cr0 0 off 1�'U'r a vJ xa—•-..c�C VJ V 13 E# 0-Z Z OW A p Qm S _�� cQ y QF F- 0 V v S nC a 5 W �a 0 0 W 'r or y.4R.= V W U ri S J Na—B�mf JV Z 0 L $�§c2Y503 ac r _ �^• 7 Z oso S 25c4£'c�`oCC�'maL°rnn Typical Bulkhead Sections TOP VIEW 2" x 8" x 14" -- 0.8 Treated Cap Boards Orthogonal to Line of Bulkhead Rough Cut 6" x 6" ESP 4.1 - 12' Vinyl Sheetpile 2" x 8" 5/8" x 12' Hot Di pped 50, 45' 08 2021 HD CITY Proposed Slope at A, B, C, D, J, K 1:6 I I I I I I I I I I I 1 1 r 40' 35' 30' 25' 20' 15' 10' 5 Bulkhead NWL at Sections J & / j NWL at Sections B & I / NWL at Section F / NWL at Section K NWL at Section D NWL at Section E/ NWL at Section A' NWL at Section NWL at -Section 1wiffm ► I IK4101► I fell]C •:• • •► • Proposed at E, F, G, H, 1 1:24 —__-. LEGEND/KEY 15' 10, RECEIVED 5' MAY 7 1021 DCM-EC NWL GENERALNOTES 1) Drawing is for permitting purposes only and not construction. 2) Copyright ® 2019 SAMPSON CONTRACTING,Inc. All rights reserved. This material is the property of SAMPSON CONTRACTING, Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distnbuted, or altered in any fashion by any entity without the express written consent of SAMPSON CONTRACTING, Inc. Written consent is hereby granted to MOD, LLC. Written consent is herby granted to NC DCM, NC DEO, and the US ACOE for Permit processing purposes. NO 1tEVISIO14 DATE PE STAMP SAs1PSONC0NTlACM'1?(C. 125 Hunters Trail Weft Elisabeth City, NC 27900 PROJECT TIME: MOD, LLC SHORELINE PROTECTION PROJECT DRAWING TITLE: ESCARPMENT CROSS -SECTIONS SCALE. 11' = S DRAWtNr3 NO.: DRAWN TS 07 - 100820 - 002 CHECKEI1 TJS SHEET 5 OF 5 DATE 04*21121 PROJECT NO.: 07-100820 r I J ,lo € o� a, SUBDIVISION BOUNDARY LINE 3o CAMA PUBLIC TRUST SHORELINE AEC SUBDMSION LOTS AFFECTED BY REMOVAL OF SHORELINE PROTECTION RESTRICTION (W LOTS; 3.25 SHORELINE MILES) Bulkhead maybe OK, needed due to upland elevation Shoreline ion of uplan not needed now due to low elevation of upland Shoreline Stabilization not needed now, but Transition from low elevation to substantial elevation of upland nub could change over time Shoreline Stabilization not needed now, but elevation of adjoining upland could be subject to future erosion Riprap could be utilized N significant erosion develops on 12-ft bluff; no significant active 3 � erosion notetl al present Existing bulkheaded lot Shoreline Stabilization not needed now Shoreline Stabilization not needed due to extensive width of wetand. — Shoreline Stabilization not needed due to wetlands -Shoreline Stabilization not needed due to extensive width of wetlands in front of uplan(s ••�•• — •• — BOUNDARY BETWEEN PHASE I AND PHASE II PHASE II- THE FARMS AT RNERSOUND BA BUFFER AREA CA COMMON AREA DE DEVELOPER EASEMENT SPS SEWAGE PUMP STATION vs VACUUM STATION 1) Drawings derived from information available from the Chowan County GIS, and from Google Earth imagery. 2) Drawing is for planning & permitting purposes only and not Construction. 3) Copyright (D 2018 SAMPSON CONTRACTING, INC. All rights reserved. This material is the property of SAMPSON CONTRACTING, INC., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distributed, or altered in any fashion by any entity without the express written Consent of SAMPSON CONTRACTING, INC. Written consent is hereby granted to Yeopim Partners, LLC, and Miles Stockbridge, P.C. Written Consent is herby granted to NC DCM, NC DIED, and the US ACOE for Permit processing purposes. L 1 Incorporate onsite meeting comments 10/108/18 PR STAMP SAMPSON ('ONTQA(TINC.INC. 135 Munbrs Troll West YEOPIM PARTNERS, LLC MINOR MODIFICATION SHORELINE STABILIZATION RESTRICTION As Indicated DRAWINGNO.: TS 02 - 011818-001 SHEET 1 OF 1 03/07/18 0:02-011818 BY CONSECUTIVE LOT NUMBER Lot Number: Shoreline Description: 1(Riversound Dr) Extensive (>50-ft) 404 Wetlands; does not adjoin open water; no observable erosion 2 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; does not adjoin open water; no observable erosion 3 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; does not adjoin open water; no observable erosion 4 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; does not adjoin open water; no observable erosion Sewage Treatment Plant Extensive (>50-ft) 404 Wetlands; adjoins some open water; no observable erosion 5 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 6 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 7 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 8 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 15 (Windsong Pt) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 16 (Windsong Pt) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 17 (Windsong Pt) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 18 (Windsong Pt) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 19 (Windsong Pt) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 20 (Windsong Pt) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 34 (Plantation CI) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 35 (Plantation CI) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 36 (Plantation CI) Limited (<50-ft) 404 Wetlands; adjoins open water; no observable erosion 37 (Plantation Cl) Limited (<SD-ft) 404 Wetlands; adjoins open water; no observable erosion 38 (Plantation Cl) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 39 (Plantation Cl) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 40 (Plantation Cl) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 41(Plantation CI) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 42 (Plantation CI) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 42 (Flagship Ct) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion -*43 (Flagship Ct) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 44 (Flagship Ct) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 45 (Flagship Ct) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 46 (Flagship Ct) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 47 (Flagship Ct) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 48 (Flagship Dr) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 49 (Mayfair Dr) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 50 (Mayfair Dr) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 51(Mayfair Dr) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 52 (Nautical Way) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 53 (Nautical Way) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 54 (Nautical Way) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 55 (Nautical Way) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 56 (Nautical Way) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 57 (Nautical Way) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 58 (Nautical Way) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 59 (Nautical Way) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 60 (Nautical Way) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 61(Nautical Way) Very Limited (<10-ft) 404 Wetlands; adjoins open water; no observable erosion 224 (Nautical Way) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 101(Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 102 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 103 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 104 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion Environmental Agency Assessment: Shoreline Stabilization not needed due to extensive width of wetlands in front of uplands Shoreline Stabilization not needed due to extensive width of wetlands in front of uplands Shoreline Stabilization not needed due to extensive width of wetlands in front of uplands Shoreline Stabilization not needed due to extensive width of wetlands in front of uplands Shoreline Stabilization not needed due to extensive width of wetlands in front of uplands Shoreline Stabilization not needed due to extensive width of wetlands in front of uplands Shoreline Stabilization not needed due to extensive width of wetlands in front of uplands Shoreline Stabilization not needed due to extensive width of wetlands in front of uplands Shoreline Stabilization not needed due to extensive width of wetlands in front of uplands Shoreline Stabilization not needed now, but elevation of adjoining upland could be subject to future erosion Shoreline Stabilization not needed now, but elevation of adjoining upland could be subject to future erosion Shoreline Stabilization not needed now, but elevation of adjoining upland could be subject to future erosion Shoreline Stabilization not needed now, but elevation of adjoining upland could be subject to future erosion Shoreline Stabilization not needed now, but elevation of adjoining upland could be subject to future erosion Shoreline Stabilization not needed now due to low elevation of upland Shoreline Stabilization not needed now due to low elevation of upland Shoreline Stabilization not needed now due to low elevation of upland Shoreline Stabilization not needed now due to low elevation of upland Riprap could be utilized if significant erosion develops on 12-ft bluff; no significant active erosion noted at present Riprap could be utilized if significant erosion develops on 12-ft bluff; no significant active erosion noted at present Riprap could be utilized if significant erosion develops on 12-ft bluff; no significant active erosion noted at present Existing Bulkheaded Lot Shoreline Stabilization not needed now Shoreline Stabilization not needed now Bulkhead may be OK, needed due to elevation of upland Bulkhead may be OK, needed due to elevation of upland Shoreline Stabilization not needed now due to low elevation of upland Shoreline Stabilization not needed now due to low elevation of upland Bulkhead may be OK, needed due to elevation of upland Bulkhead may be OK, needed due to elevation of upland Shoreline Stabilization not needed now due to low elevation of upland Shoreline Stabilization not needed now due to low elevation of upland Shoreline Stabilization not needed now, but transition from low elevation to substantial elevation of upland nub could change over time Shoreline Stabilization not needed now, but transition from low elevation to substantial elevation of upland nub could change over time Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands 105 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 106 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 107 (Riversound Dr) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 111(Norcom Pt Rd) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 112 (Norcom Pt Rd) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 113 (Norcom Pt Rd) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 114 (Norcom Pt Rd) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 115 (Norcom Pt Rd) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 116 (Norcom Pt Rd) Limited (<50-ft) 404 Wetlands; adjoins open water; no observable erosion 117 (Norcom Pt Rd) Limited (<50-ft) 404 Wetlands; adjoins open water; no observable erosion 118 (Norcom Pt Rd) Limited (<50-ft) 404 Wetlands; adjoins open water; no observable erosion 119 (Norcom Pt Rd) Limited (<50-ft) 404 Wetlands; adjoins open water; no observable erosion 133 (Winfall Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 135 (Winfall Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 136 (Winfall Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 137 (Winfall Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 138 (Winfall Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 139 (Winfall Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 140 (Winfall Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 147 (Colleton Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 148 (Colleton Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 149 (Colleton Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 150 (Colleton Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 154 (Colleton Ct) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 155 (Colleton Ct) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 156 (Colleton Ct) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 157 (Colleton Ct) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 158 (Colleton Ct) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 159 (Colleton Ct) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 160 (Colleton Ct) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 161(Colleton Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 192 (Plumtree Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 193 (Plumtree Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 194 (Plumtree Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 195 (Plumtree Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 196 (Plumtree Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 197 (Plumtree Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 198 (Plumtree Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 199 (Plumtree Cl) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 200 (Plumtree Ct) Extensive (>50-ft) 404 Wetlands; adjoins open water; no observable erosion 201(Plumtree Ct) Extensive (>50-ft) 404 Wetlands; does not adjoin open water; no observable erosion 202 (Plumtree Ct) Extensive (>50-ft) 404 Wetlands; does not adjoin open water; no observable erosion 203 (Plumtree Ct) Extensive (>50-ft) 404 Wetlands; does not adjoin open water; no observable erosion Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed, due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands Shoreline Stabilization not needed due to extensive width of wetlands