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HomeMy WebLinkAbout36-21 Soundside Road Properties LLCPermit Class Permit Number NEW 36-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit 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 Soundside Road Properties LLC., 3725 National Drive, Raleigh, NC 27612 Authorizing development in Chowan County at adj. to Albemarle Sound, at a Private Road off Carthcart Way, in Edenton , as requested in the permittee's application dated 11/12/20, including attached workplan drawings (2),both dated 12/7/20. This permit, issued on April 1, 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 n mese terms may oe suoject to tines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization - Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Soundside Road Properties LLC. Permit No. 36-21 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) 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 bulkhead. 11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Existing Pier and Platform Repair 12) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction of the authorized pier and platform repair. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. Sedimentation and Erosion Control 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) 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. 15) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Soundside Road Properties LLC. ADDITIONAL CONDITIONS Department of Natural and Cultural Resources Permit No. 36-21 Page 3 of 3 16) In consultation with the NC Department of Natural and Cultural Resources, the subject property lies within the Hayes Plantation National Historic Landmark. The following conditions shall be implemented: a. Efforts should be made to minimize disturbances caused by using machinery during staging and operations. This includes removal of healthy vegetation. b. Areas impacted by construction activities, should be returned to pre -construction condition upon project completion. Any plans to not return impacted areas to pre -construction condition should be submitted to the NC Department of Natural and Cultural Resources for review and comment. c. Photographs of the work completed should be submitted to the NC Department of Natural and Cultural Resources for review and comment. General 17) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 18) All 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. 19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-00197). 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. 2021-0188. 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 finther advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: Permit #: 37 "2 4 \ MAIL NG� DISTRIBUTION SHEET / / Permittee: �gr.�dACTL ?cbpv[xs (LC- 1 �{— l �T2S NGnvvl fir. n R4 �ijG �C Agents: }3r)6, �.{�.t.r� F t<�'rFe �� tr-�iiSr�+C td.-r y76cZ- DCM Field Offices �/ Elizabeth City CY t %a 0,9 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 David 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, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider - 401 (Carteret, Onslow, Pender) Christine Hall Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD)" Natural Heritage Prroograml Rodney Butler LPO: 0a;� (NCDOT) Travis Wilson MM MP-1 Receind APPLICATION for NOY 16=-=a Major Development PeP tft (last revised 12127105) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Soundside Road Properties, Llc Project Name (if applicable) Trent Ragland Bulkhead Applicant 1: First Name Trent MI Last Name Ragland Applicant 2: First Name MI Last Nama It additional applicants, please attach an additional pages) with names listed. Meiling Address 3725 National Drive PO Box City Raleigh State NC ZIP 27612 Country USA Phone No. 919-782.7283 ext. FAX No. Street Address (if different hom above) City State ZIP Email trent@raglandpropertiesine.com 2. AgentlContractor Information Business Name Quible & Associates, P.C. AgenU Contractor 1: First Name MI Last Name Brian D. Rubino Agent/ Contractor 2: First Name MI Lest Name Mailing Address PO Box City State 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 491 - 8147 ext. ext. FAX No. Contractor e 252 491 8146 Street Address (it different from above) City State ZIP 8466 Caratoke Highway Powells Point NC 27966- Email brubino®quible.com <Form continues on back> 252-808-2808 :: 1-888.4111COAST :: www.nccoasta l management. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Recei cd Major Development Permit 3. Project Location Ott I c` County (can be multiple) Street Address �py� rr State Rd. a Chowan UM Off Cathcart Way E. C Private Road Subdivision Name city State Zip None Edenton NC 27932- Phone No. Lot No.(s) rd many, attach additional page with list) 919 - 782 - 7283 ext. single tract, I I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. nNatuml ❑Manmade []Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. It applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Chowan County 4. Site Description a. Total length of shoreline on the tract (a.) b. Size of entire tract (sq.fL) . 3,943 ft 4,856,940 sq.ft. (111.5 ac.) c. Size of individual toils) d. Approximate elevation of tract above NH W (normal high water) or WA, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 8.10 ft. ❑NHW or ®NWL e. Vegetation on tract ag fields (rotated crops), mowed grasses, loblolly pine, oak, bald cypress, variety of shrub and herbaceous veg. I. Man-made features and uses now on tract 1 small home, bulkhead, pier, screened pavilion; residential and agricultural use g. Identify and describe the existing land uses adlacen to the proposed project site. undeveloped uplands and uplands, residentially developed properties In. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? A-1 (Agricultural District) (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If 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 it Involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252.808.2808 .: l-888.4RCOAST :. www.necoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Receivicd Major Development Permit My 1 R •"9 m. (i) Are there wetlands on the site? ®Yes []No (II) Are there coastal wetlands on the site? DME C []Yes ®No (III) If yes to either (1) or (II) above, has a delineation been conducted? ®Yes ❑No (Affach documentation, 11 available) n. Describe existing wastewater treatment facilities. on -Site Septic for home only o. Describe existing drinking water supply source. on -she well p. Describe existing storm water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Publlo/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. No new land development proposed at this time. This is for the replacement of the shoreline stabilization bulkhead only. 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. For the proposed bulkhead: back hoe, vibratory hammer, dump truck d. List all development activities you propose. Replacement of an existing aged wood bulkhead (889 ft) with a new bulkhead with vinyl sheeting and round timber piles. e. Are the proposed activities maintenance of an existing project, new work, or both? maintenance/replacement I. What Is the approximate total disturbed land area resulting from the proposed project? 17,760 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? - h. Describe location and type of existing and proposed discharges to waters of the state. minor surface runoff (no impervious coverage proposed in association with this bulkhead) I. Will wastewater or stormwaler be discharged Into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No IONA 1. Is there any mitigation proposed? ❑Yes []No IMNA It yes, attach a mitigation proposal. <Form continues on back> 252-BOB-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed applkation form, (MP-1) the following hems below, If applicable, must be submitted In order for the application package to be complete. Items (a) — Mare always applicable to any major development application. Please Consult the application Instruction booklet on how to propody 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, cleady Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A she 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. 9. The appropriate application fee. Check or money order made payable to DENR. I. 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 mall. Such landowners must be advised that they have 30 days In whlch to submit comments on the proposed project to the Division of Coastal Management. Name Edenton Bay Co., Attn: Brian Harvill Phone No. Address 205 Dundee Dr., Edenton, NC 27932 Name James and Diane McMenamin Phone No. Address 334 Bay Point Dr., Edenton, NC 27932 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, If necessary. J. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), If necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described In the application. The project will be subject to the conditions and restrictions contained in the permit. 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 012Z 2020 Print Name Z6m tZ nhi•� , Aq��i for rent k,(e �( ^ _ 5ownnttvl¢ �ik.e-r1:rw rU. C. Signature (�/^C/J��l_ Please indicate application attachments pertaining to your proposed project. 17 ®DCM MP-2 Excavation and Fill Information ❑ Re cE`t JCDCM MP-5 Bridges and Culverts EjDCM MP-3 Upland Development NOV 16 :::7 ❑DCM MP-4 Structures Information ®MEC 252-808.2808 :: i-888-4RCOAST :: www.necoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL Receind NOY (Except for bridges and culverts) DMEC 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 Romp Rock Groin Rock (excluding (NLW or Breakwater shoreline NW L stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (1) Does the area to be excavated Include coastal wedands/marsh (CV& submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None (II) Describe the purpose of the excavation In these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim fitle to disposal area? ❑Yes []No ❑NA (II) If no, attach a letter granting permission from the owner d. High -ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? []Yes []No ❑NA (II) If yes, where? e. (1) Does the disposal area Include any coastal wetlands/marsh f. (I) Does the disposal Include any area in the water? (CW) submerged aquatic vegetation (SAV), shell bottom (SB). []Yes []No ❑NA or other wetlands (WL)? II any boxes are checked, provide the (II) If yes, how much water area Is affected? number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (11) Describe the purpose of disposal In these areas: 252-808.2808 :: 1.888-0RCOAST :: www.nccoas..taimanagement.net revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION [I This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b, Length: 889 ft ®Bulkhead ❑Rlpmp ❑Breakwater/Sill 00ther. _ Width: 1.5' c. Average distance watenvard of NHW or NWL: 2 a d. Maximum distance waterward of NHW or NWL: 10 N (at washout) e. Type of stabilization material: timber piles, vinyl sheeting, stainless steel hardware g. Number of square feet of fill to be placed below water level. Bulkhead backfill 2,848 sa.a. Ripmp Breakwater/Sill_ Other — I. Source of fill material. approved borrow pit f. (I) Has there been shoreline erosion during preceding 12 months? ®Yes []No ❑NA (II) If yes, state amount of erosion and source of erosion amount information. 3 washout areas shown on exhibit h. Type of fill material. e c e Il ✓ Ill d sand 1 llrr Nov M4-EC 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? []Yes ❑No ❑NA b. (I) Will fill material be placed In coastal waffands/mamh (CW), If yes, (11) Amount of material to be placed in the water (lit) Dimensions of fill area (Iv) Purpose of fill ACT_#Nzr."A a. How will excavated or fill material be kept on controlled? bulkhead will be installed Immediately in front of the existing bulkhead and no backfill will be placed before the sheeting is comtetely installed c. (1) Will navigational side he required as a result of the project? ❑Yes ®No ❑NA (II) If yes, explain what type and how they will be Implemented. submerged aquatic vegetation (snvj, snen ooaom (sB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (11) Describe the purpose of the fill In these areas: be used (e.g., dragline, backhos, or hydraulic dredge)? backhoe with vibratory hammer d. (i) Will wetlands be crossed In transporting equipment to project site? []Yes ®No []NA (if) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. t�llZl�� Qtin �``rrp�t RwSlnav1,l (Sav,ndst�lc Prop4rN�s ll_�< TCFn1 RwS10v-.A 13r.,%X64A l ApplicantNamar? Ghowc' Co. -0LIW,r"wf Project Name 252.808.2808 :: 1.888.4RCOAST :: www.necoastalmanagement net revised: 12126106 NOTES. • 1 1. CURRENT 01WIEI1: SC WME ROAD PR(P VES LLC W. TRENT RAG D 11 ]. A4£ k Si6YICW 6�YC0 lA9IIAM ANNRLL FlA' RYMOWiW1 f2Ktl 1l TO TIP NIY In _ PRELIMINAR)' FOR CAMA n PERMITTING ONLY I t T u'wswrv`.rw �.,, A� � AM arosoCva I H D S z z �E ensn� ,Y♦ � !i o Bi k 1{{IIrr--�AWEM - WA nu MFA n WASWgIi •�� � F nu MEA 2n9 E OODPRD 7 U TEMOEAD U$nNG ADJ T w _ ex 3 FlLL ARET PROPOSED 59 SP —..jj CR9 IF FA151MK BUU[NEM C .•.4 -�\ Ep tF{®t µ• W 2 R WATERWMO .ro FT BY XJ FT _ aP EnsTwc awnz:mr MO @M1E.4`T _ ID ff A�AP� 7E! i T aoao EPiNTOV BAY NOTE: THIS DOCUMENT IS PRELIMINARY — NOT FOR CONSTRUCTION, U€-5D`YT RECORDATION, SALES OR CONVEYANCES — THIS DOCUMENT IS FOR ��•+— DISCUSSION PURPOSES T AVAILABLE USED BLEEXISVNG INFORMATION SHOWN ON THIS U AND IS ALLLLIINFORMATIONSHOWNBONTTNSAID000MENTA15 SUBJECTNOT TO My REOUIREMENTS BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY. y i ` OUIBLE a ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE "" Y� t OtR� CONE, COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND 15 NOT RESPONSIBLE FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FROM THEN13 •t% USE OF THIS INFORMATION. axrw eurea ew ,wexa S„AS 3 Q �[[ A� `= FllAO{{� p O�H-mial PROPOSED BACKnU fL6YTd MY PRELIMINARY E/BUVHEAD ROSONPAOPOSEO rNEW BULKHEAD g/T R-ESCARPMENT RMITTQNG EMSTINGAP LDATED ONLY I II __-_ BULKHEAD urfsr ,Mwawx� EMSDNG - T IIII EM•OBED VICINITY MAP CEADYAN — I I - I N T.S. V — IIIi IIIIIIII —i qli o 0 IL k — CROSS SECTION —A 4 •NI PMIIC M MTAIOI MY PROPOSED Nir BULKHEAD BACKPILL ry € TUREXISTING PROPOSED MAAC NEW 8UlK1GD O (S7 n EIGSINC W Z a BULKHEAD � Z --jigN E CROSS SECTION—BRecciwd V R M s x� •mR .. Rma .s M MLr � ' SB JNn CCM-EC Q 4ARLEL d NRAL DATA slK'"" BASEO ON TY " DATCOUNA V a _ ROY COOPER Govemor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director Quible and Associates PC Brian Rubino brubino@quible.com Dear Mr. Rubino, NORTH CAROLINA Environmental Quality March 5, 2021 P/4F This letter is in reference to the application submitted for Soundside Road Properties LLC., for a Coastal Area Management Act Major Permit to undertake development activities to construct a bulkhead and repair/replace an existing docking facility, in Chowan County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make May 20, 2021 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Elizabeth City erarMasiao�w wm� Sincerely, _., Gregory W. Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, March 5, 2021 9:34 AM To: 'Brian Rubino' Cc: Cynthia Rountree; Godfrey, Ella M Subject: Soundside Rd. Properties LLC Attachments: Soundside RD. Properties LLC EXT.pdf Morning Brian, Please see above for the extension. Still waiting on USACE and 401. Thanks, Gregg Q iTwldrniawan,Ri� �+>'Y Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28M ext 215 (Office) Gremt.Bodnarft enr, v Email correspondence to and from this address Is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Soundside Road Properties, LLC COUNTY: Chowan PROJECT NAME: Ragland Bulkhead LOCATION OF PROJECT: Off Cathcart Way adjacent to Edenton Bay Plantation DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-21-20 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Cynthia Rountree DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Date B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 # . APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 1-28-21 END OF NOTICE DATE: 2-17-21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 3-6-21 150 DAY DEADLINE: sl L HOLDS: EMAIL OUT DATE: 1-21-21 STATE DUE DATE: 2-11-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep yL Z r -I DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch LEI j,� Zv L 1 -Ou 191 DWR-401 Section DWR- Public Water Supply ZZ l K DEMLR-Stormwater Z1>1( 7 DEMLR - Sed and Erosion 1 L x DOA - State Property Office L 1 Wildlife Resources Commission L .L DMF — Shellfish Section l5 k Pc DMF — Habitat & Enhancement L lL 1 5 1 A w DNCR— Archives&History L DNCR — Natural Heritage Program NCDOT NC Dept of Commerce l2 1 ROY COOPER cownor DIONNE DELLI-GATTI seamly BRAXTON DAVIS Durcrar MEMORANDUM NORTH CAROLINA EnvinanmentalQud7rY TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, District Manager 1242 Northeastern District, Division of Coastal Management FROM: Cynthia Rountree, Field Representative UV)" - DATE: March 24, 2021 SUBJECT: Soundside Road Properties, LLC; off Cathcart Way Major Permit Recommendations The applicant proposes to replace 889 linear feet of bulkhead out an average of 2 feet out from the existing alignment. The property is located off Cathcart Way, Edenton, Chowan County adjacent to the Albemarle Sound. 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: Ica 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. RECEIVED MAR 2 9 2021 North Carolina Department of Environmental Quality I Division of Coastal M g� I�' �,q�l -aw Washngton office 1943 Washington Square Mail I Washington North carat , I &GT I O tl F1 M H :/ Wahngion Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2840S 1910.796.7215 D Morehead City Office 1 400 Commerce Avenue I Morehead CBy, North Carolina 285571 252.80B.2808 liamso� m !/ Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 279091 252.2643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 6 March 25, 2021 (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 (b)(7) Addresses ,Bulkheads. MAR 2 9 2021 T sEQ-TOO N. WD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 6 March 25, 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 2 foot out along the majority of its alignment. (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 near wetlands. (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 an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule. Consistent: The property does have a steep grade bank and a failing bulkhead. (it) 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. Consistent: The proposed alignment is to mitigate the unusual geographic features of the shoreline. (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 RECEIVED MAR 2 9 2021 MP SECTION MHD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 6 March 25, 2021 Consistent: The need for a bulkhead below NWL is 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. Constant: The proposed development of a bulkhead is to replace a failing existing bulkhead. 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 Soundside Road Properties, LLC with standard permit conditions. r- 1 MAR 2 9 2021 FVIP SECTi®N {i HD ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS OlreCtor January 21, 2021 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) areoo. bodnarCa.ncdenc oov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundside Road Properties, LLC Project Location: Off Cathcart Way adjacent to Edenton Bay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by February 11, 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 NAMES AGENCY ��r`t� 'S SIGNATURE / a DATE 1 r/mil - f, JAN 2 5 2021 FOP SECTION WD North Carolina Department of Environmental Quality I Division of Coastal Management Elizaheth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City. North Carolina 27909 252.2642401 ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director January 21, 2021 NORTH CAROLINA Ehvlronmentcl Quaffty 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. bod nar(MrIcdenr. Gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundside Road Properties, LLC Project Location: Off Cathcart Way adjacent to Edenton Bay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greou Bodnar at the address above by Februark 14, 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: PRINT NAME Clif Whitfield AGENCY —Public Water Supply Section SIGNATURE r,417 DATE _1-22-2021 RECEI iY' lip® JAN 2 7. 2021 1r�ti❑1 I1Ip� p� Notth.CareOna Department afEnvlronmental Quality) OivlslonofCoastal Management SECTION MHD Elizabeth City Office 1401 South Griffin Street, SUltC 3001 Elizabeth City, North Carolina 27909 257.264,3901 ROY COOPEti WC.1 IAr,I_ S. REGAN BIZAX t ON C. DAVIS V'r 4 wn January 21, 2021 otoru, ;.AaoLr:: Cn:•i,a,mm, fai Qunl:. y 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.bodnarfvinodennoov SUBJECT: CAMAIDredge & Fill Application Review Applicant 59,IjigapIftRoad Properties, LLC Project Location: Off QV= Way adjacent to Edenton Hay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and rerum Eris form to Gregg Bodnar at the address above by February 11, 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. Y: PRINT NAME AGENCY SIGNATURE 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. Lee Padrick NC Commerce p DATE 1-22-21 c)t RECEIVED JAN 2 2 2021 AP SECTION MHD N.,I1IC<rn•,.:B:-;u:br.': r•I r41i,I,••. tJr. .,n c; C,!..I... n. W I �debrifi Ger Vtnre :.if. incv b-:ILnpna:I, n:Ar :UU 6linur:a �.nv. l':rrir i.:rter5m:: rrtF� ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 21, 2021 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) aregg.bodnar(a)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundside Road Properties, LLC Project Location: Off Cathcart Way adjacent to Edenton Bay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by February 11, 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 Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE �%uatm �wt�n (exe� for Shannon Jenkins DATE 1/25/2021 JAN 2 5 2021 NIP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 Bodnar, Gregg From: Thorpe, Roger Sent: Monday, February 1, 2021 3:20 PM To: Bodnar, Gregg Subject: CAMA MAJOR - Soundside Road Properties Bulkhead Project, Chowan County The subject project will not require a State stormwater permit Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thoroe(@ncdenr.aov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 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 cov w MICHAEL S. REGAN Sevemry BRAXTON C. DAVIS D6 Ml January 21, 2021 MEMORANDUM: I �=»ra m tia NORTH CAROLINA Ehvwmnental 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) aregg. bod narAnoden r. cov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundside Road Properties, LLC Project Location: Off Cathcart Way adjacent to Edenton Bay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greou Bodnar at the address above by February 11, 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 WC141- r0. i.A+ L 0, .aJ AGENCY SIGNATURE W 07�—� North Caroline 14p South m .SQuality 1 Divisionor0oaswl Nawgamant aizabtth City/ce 14015outh GriRnSeem.S,fte900 1 Ffiubeth Ory.Nor<h Carolina 27909 ssuEaavol RECEVED F E B A 2021 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director (.I 1 .01.2'y . 61 January 21, 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 (Courier04-16-33) t7 recD. bodnar(cb node n r.a ov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundside Road Properties, LLC Project Location: Off Cathcart Way adjacent to Edenton Bay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs 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 February 11, 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 Mcn� i . _C�KAn n AGENCY WP—C, C `" R�� SIGNATURE�- DATE 2 3-2021 ixmrra Nrn.iE� myw�„n me�� F E B 3 2021 MP SECTION PAM North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street Suire 300 1 Elizabeth City, North Carolina 27909 252.264.3901 J ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Dhrctor January 21, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA EnWmAmen,tal QuaUW Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400•Commerce Ave.;1Morehead City,'NC 28557 Fax: 252-247-3330 (Courjer 04.1 &33) 9reeo.bodnarCo ncdenr.cov CAMA/Dredge & Fill Application Review Soundside Road Properties, LLC Off Cathcart Way adjacent to Edenton Bay,Plantation in Chowan County Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnerat the address above by February 11, 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 N, comments. PRINT NAME' uh14LA-AiiJ raws"N r ��aa t� AGENCY 'Ii a aaM Il'ZEC'E'Iy ED. SIGNATUR DATE Z-- 4 �o F E B 2021 b Min SECTION MHD North Carolina Depanment of etvironmrntzl Quality I DiylslonofCmtai!Vl agetnent atzabeth City Office 1 401 South Griffin Suet, Suite 300.1 Elhabeth Clty,North Caiollra 27909 252264.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management FROM: Charlan Owen CP, NE District Planner Division of Coa tal Management SUBJECT: Major Permit Request by Soundside Road Properties, LLC to replace 889 linear feet of bulkhead and repair an existing pier on the Albemarle Sound; at the property off Cathcart Way adjacent to Edenton Bay Plantation (Parcel No. 780400916613), in Chowan County. DATE: February 4, 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 111.55 acre subject property has approximately 3,973 linear feet of shoreline along the Albemarle Sound. Water depths 2 feet from the shoreline average -2.72 feet. The property has an elevation of approximately 8 to 10 feet above Normal Water Level (NWL) along the shoreline. According to the application, wooded wetlands are located along a portion of the shoreline. The subject property is located within the Town of Edenton's Extra -Territorial Jurisdiction (ETJ) to the north and in unincorporated Chowan County to the south. The property is primarily in agricultural use, with a residential use located at the south end of the property near the shoreline. The project area encompasses the south end of the property. The area is vegetated with grasses, shrubs and trees. Shoreline along the project area is within the AE Floodzone. The project area is located entirely within unincorporated Chowan County. Existing site improvements within the project area include a single-family house and a screened pavilion. Existing shoreline improvements within the project area consist of 889 linear feet of bulkhead, approximately 300 sq. ft. of riprap, and a 100 foot long pier with a 20 foot by 20 foot terminus platform and a boat lift. The riprap is located at the north end of the bulkhead. Deterioration of the bulkhead has resulted in escarpments along the shoreline. RZECEVED FEB a 2021 North Carolina Department of Environmental Quality I Divklon of Coastal Managetent rr11e tl®� ®� Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth Coy. North Carolina279y�MHD 2522643901 .. North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 5 Replacement of 889 linear feet of bulkhead and repairs to the pier are proposed. The bulkhead will be installed 2 feet waterward of the existing alignment. The bulkhead will tie into an existing bulkhead on an adjacent property to the south and terminate with a 20 foot return wall at the riprap to the north. Installation will require a disturbance area 20 feet landward of the existing bulkhead. The waters of the Albemarle Sound are classified as C: NSW (Nutrient Sensitive Waters) and Coastal Waters and are closed to shellfishing. Submerged Aquatic Vegetation (SAV) was not observed growing within the proposed alignment. 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 2,848 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and .41 acre of High Ground within the Estuarine Shoreline AEC. Basis for Determination: The subject property is designated as "Medium/High Density Residential" on the Chowan County Future Land Use 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. The following LUP policies may be applicable to this request. Land Use Compatibility: Policy LU-2, Page 2-42. "The Town of Edenton and Chowan County support growth and development in keeping with the Future Land Use Maps in this Plan." 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." R� WED F E B A 2021 NqP SECTION AsM North Carolina Department of Environmental Quality Division of Coastal Management Natural Hazard Areas: 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 hazard mitigation, including administration of the National Flood Insurance Program." 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." MEMORANDUM Page 3 of 5 CIVD a F E B 4 2021 North Carolina Department of Environmental Quality Division of Coastal Management Water Quality: Policy WQ-1, Page 2-48. "Chowan County and the Town of Edenton will continue to support the use of Best Management Practices (BMP) in accordance with State requirements on agricultural properties and urban developments in order to reduce sedimentation and pollution run-off into Nutrient Sensitive Waters." 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 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 sanitary sewer. Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or roads. All developments shall be constructed 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." MEMORANDUM Page 4 of 5 RECOVED 1- l' FEB 4 2021 North Carolina Department of Environmental Quality Division of Coastal Management 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." MEMORANDUM Page 5 of 5 RE MOVED F E B A. 2021 KAYP SECTION MHD I Bodnar, Gregg From: Harrison, James A Sent: Friday, February 12, 2021 5:08 PM To: Bodnar, Gregg Subject: Re: CAMA: Soundside Road Properties, LLC in Chowan County Attachments: NCDMF Signed Comment Sheet - Southside Road Properties - Chowan Co.pdf Good afternoon Gregg, The comment sheet for the Soundside Road Properties permit application is attached. Apologies for it being a day late - I was contemplating submitting comments but decided to go with no comment after further discussion. I'm not sure if it's worth mentioning, but in case it is, the comments I was going to submit were that there is a historical record of SAV in the area of the pier, and AFSA directly next to the site. I was going to request a moratorium in lieu of an SAV survey, as that would have the work occur outside of the SAV growth period. But, as I mentioned, this project was discussed further and I decided to not provide any comments. Thanks Gregg! Jimmy Jimmy Harrison habitat and E-nbancement Section NC Division of Marine risheries james.barrison@ncdenr.gov 252-948-3835 Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed to third parties. � ,;I Prnic;w; > � f ROY COOPER Gommor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dlrecmr January 21, 2021 NORTH CAROLINA Environmental Quattry 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) gregD.bodnarGnncdenr.Gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundside Road Properties, LLC Project Location: Off Cathcart Way adjacent to Edenton Bay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 11, 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. PRINT NAME james Harrison AGENCY //NC��DMF SIGNATURE La�ifa¢ 9Y2Lueg� DATE 12 February 2021 �,�. 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 252.264.3901 Received: 2/11 /2021 Tilgto`ric Preservation Office ROY COOPER Govermw MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 21, 2021 NORTH CAROLINA Environmental Quality ER 21-0315 Due: 2/19/2021 No comment. NCH 2/16/2021 Please see attached letter. KBH FROM: Gregg Bodnar, Assistant Major Permits Coordinator 3/7/2021 NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greag.bodnar(a)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundside Road Properties, LLC Project Location: Off Cathcart Way adjacent to Edenton Bay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 11, 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. h I nis agency nas no oojection to the project as proposea. "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 Renee Gledhill -Earley AGENCY Historic Preservation Office SIGNATURE DATE 3/10/2021 MAR 1 0 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City O[flce 1 401 South Griffin Street, Suite 300 1 Elizabeth City,North Carollna27909 2522643901 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson March 10, 2021 ECEDVED MEMORANDUM TO: FROM: SUBJECT: Gregg Bodnar Division of Coastal Management Major Permits Section Ramona M. Bartos, Deputy State Historic Preservation Officer gregg.bodnar@ncdenr.gov MAR 1 0 2021 Replace bulkhead & pier repairs, end of Cherry Point Road, Edenton, Chowan County, ER 21-0315 Thank you for your email of January 21, 2021, regarding the above -referenced undertaking. We apologize for the delay in our response and any inconvenience it may have caused. The project is within the Hayes Plantation (C00006), a National Historic Landmark. Due to the nature of the proposed work, the project will have no adverse effect on the historic property based on the following conditions being implemented. • Efforts should be made to minimize disturbances caused by using machinery during staging and operations. This includes removal of healthy vegetation. • Areas impacted by construction activities, should be returned to pre -construction condition upon project completion. Any plans to not return impacted areas to pre -construction condition should be submitted to us for review and comment. • Photographs of the work completed should be submitted to us for review and comment. There are no known archaeological sites within the proposed project area. Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewna,ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 Telephone/Fax: (919) 814-6570/814-6898 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 21, 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) gregg.bodnar(fbncderingov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundside Road Properties, LLC Project Location: Off Cathcart Way adjacent to Edenton Bay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 11, 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. DWR Project # 2021-0188 PRINT NAME Tina Martin No Written Concurrence Required AGENCY Division of Water Resources SIGNATURE W�lk DATE March 15, 2021 D_ Q� RECEIVED MAR 1 7 2021 PAP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 atzabeth City, North Carolina 27909 252264.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 21, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quallry 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) gredd bodnar(a),ncdenr dov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundside Road Properties, LLC Project Location: Off Cathcart Way adjacent to Edenton Bay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grew Bodnar at the address above by February 11, 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. PRINT AGENC SIGNA' DATE 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 theI4_coltfimencled changes are incorporated. See attached. This agency objects to the project for reasons describe attached comments. project Written ConcurrenctiLauired - GC 4175 D Q�� MAR 1 5 2021 h,P CZECTION rAP,D North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264,3901 ♦._R March 25, 2021 Regulatory Division ORM ID No. SAW 2021-00197 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 IAA 2 5 2021 MP SECTION MHD Reference the application of Soundside Road Properties, LLC., for a Department of the Army permit to replace 889 linear feet of existing bulkhead with a new vinyl bulkhead, on property located off Bay Point Drive, adjacent to the Albemarle Sound, 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. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 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. cor tj 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 General Statutes Chapter I I3A 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, ,PA'�04 u/. g&I' sou/.'3 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 RECEIVE® Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island MAR 2 5 2021 NIP SECTION MH® Beaufort, North Carolina 28516 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 RECEIVE® MAR 2 5 2021 MP SECTION M HD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Soundside Road Properties, LLC 2. LOCATION. OF PROJECT SITE: off .Cathcart Way, Edenton, Chowan County, adjacent to Edenton Bay Plantation Subdivision and Albemarle Sound Latitude: 360 1'57.63"N. Longitude: - 76°35'59.95"W 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4: INVESTIGATIVE PROCEDURE: Dates of Site Visit— September 29, 2020 Was Applicant Present — yes 5. PROCESSING PROCEDURE: Application Received Complete — December 21, 2020 Office - Elizabeth City 6. SITE DESCRIPTION (A) Local Land Use Plan — Chowan County. Land Classification From LUP—A-1 Agricultural District (B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shorelines (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — on site septic system Planned -on site well (F) Type of Structures: Existing — Single family residence, screened pavilion, bulkhead, dock Planned - replacement bulkhead, repairs to dock (G) Estimated Annual. Rate of Erosion: N/A Source - 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED SHADED (A) Shallow Bottom (EW, PTA) 2,848 sqft (B) Open Water (EW, PTA) (C) High Ground (ES) 17,780 sqft (D) Total Area Disturbed: 20,628 square feet (E) Primary Nursery Area: No (F) Water Classification: C, NSW Open to shellfishing: No Soundside Road Properties, LLC Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to construct a new bulkhead two feet out from the existing bulkhead alignment and make repairs to the existing pier. Project Setting The property proposed for development is located off Cathcart Way in Chowan County and consists of approximately 4,859,118 square feet or 111.55 acres, is located just to the west of Edenton Bay Plantation and is adjacent to the Albemarle Sound. The property currently contains a single family residence along with a screened pavilion, a pierwith a platform, boatlift and a failing bulkhead along the shoreline..The property to the southeast is a single family residence and the property to the northwest is a vacant lot containing only a pier. Vegetation on the site includes, but is not limited to, indigenous yard grasses, loblolly pine trees, oak, various shrubs and bald cypress trees. Soil Types include Wanda Fine Sand (WnB). The property has an elevation of approximately 8-10 feet above normal water level (NWL) along the shoreline. The shoreline is 3,973 feet in length and has been hardened by a failing bulkhead along approximately 889 feet of its length. Deteriorated sheeting of three separate locations of the bulkhead has allowed washouts to occur creating escarpments within the highgound area. The water classification for this area is Aquatic Life, Secondary Recreation, Fresh Water (C), Nutrient Sensitive Waters(NSW) and are coastal waters that are closed to shellfishing. The water depths along the alignment average -2.72 feet. Submerged Aquatic Vegetation (SAV) wag not observed growing within the proposed alignment. . Development Proposal _ The applicant proposes to replace an existing 889 foot bulkhead 2 foot out from the existing alignment and perform repairs to the existing pier. Bulkheading and tie -back installation will require a disturbance area 20 foot landward of the existing bulkhead. Anticipated Impacts The proposed development will result in the filling of 2,848 square feet of Estuarine Waters and Public Trust Areas of Environmental Concem. It will also result in the disturbance of 17,780 square feet of Estuarine Shorelines Area of Environmental Concern. Temporary turbidity will possibly occur during construction. Submitted by: Cynthia Rountree Date: 1 /15/21 Project Narrative LAMA Major request for Soundside Road Properties, LLC Soundside Road Properties, LLC (Attn: Trent Ragland) is the owner of the subject property which is an approximately 111-acre Chowan County farm that fronts on the Albemarle Sound. The subject property is in agriculture and is zoned as such by Chowan County (A-1 Agricultural District). There is also a small existing home on the property. And, while the majority of the property is uplands, there are wooded wetlands along portions of the shoreline. There is an existing wooden bulkhead that is aged and is beginning to fail, which is the subject of this permit request. There is also a pier/platform on the property at the homesite location. This existing bulkhead is only adjacent to uplands and no portion of the bulkhead is in front of wetlands areas. Mr. Ragland wishes to replace the existing wooden bulkhead with a new, treated timber piling bulkhead with vinyl marine grade sheeting and hardware. Please refer to the photo page for representative images of the bulkhead area and subject property. The total bulkhead replacement, including a 20 ft wingwall section is 889 linear feet (If). Three areas of the existing bulkhead have already washed out due to bulkhead failure and it is important to have a new bulkhead constructed to avoid erosion, bank collapse and complete bulkhead failure. The new bulkhead is proposed to tie into the corner of the existing bulkhead on the east side (The McMenamin Property). They are in favor of this new bulkhead and have been notified of the proposed project. This bulkhead will be built no more than 2 ft waterward of the existing one. On the west side, the new bulkhead will run along the shoreline to the existing concrete and rock rip rap that exists near the edge of a wooded area. There is a 20 ft wingwall proposed which will be entirely landward of the wetlands in the woods. The total proposed fill area in waters is 2,848 sf. This includes 2 ft waterward of the existing bulkhead for 869 If (1,738 sf) and the washout areas (Area 1: 82 sf, Area 2: 759 sf and Area 3: 269 sf). The photos show some of the exposed material at the washout areas. No wetlands have formed here, but the normal water line is waterward of the bulkhead in these areas. The shoreline alignment and washout areas have been surveyed and are accurately depicted on the CAMA Plan. Notice from the photos that there are piles of concrete pieces, bricks and stone that are exposed at each of these washout areas. According to the owner, this is the original bulkhead backfill material that was used when the bulkhead was constructed before the property was owned by Soundside Road Properties, LLC. It is now exposed due to erosion. The total land disturbance associated with this project is 17,780 sf. This allows for land disturbance 20 ft back from the water's edge along the entire length of the bulkhead replacement. The proposed limits of disturbance (LD) is shown on the CAMA Plan. This provides sufficient area for a new tieback system to be installed. On Tuesday September 29, 2020, Brian Rubino from Ouible along with Trent Ragland, met with Cynthia Rountree of NCDCM to discuss to project and to observe existing conditions and to discuss items needed for a complete CAMA Major Application package. 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. Reu.ilicd NOV 16 '::1 r)PP.9 r-n Trent Ragland Property Bulkhead Photos-10/8/2020 Receind NOY 16 IM Dfu"M-EC ROYCOOPER •. NORTHCAROLINA MICEt1lEl.'S,REGAN - Seaefgry .. .. _ .. .. . RAXTON 0,:DAVIS. . January 21,'2021 Soundside Road Properties; LLC c/o Trent Ragland 3725 National Drive :. Raleigli, NC 27612 ;Dear Mr. Ragland: - The NC Division of Coastal Management hereby acknowledges receipt of your aFPli.cation. submitted for State_ . approval for.development to construct anew bulkhead two -feet out from the existing bulkhead alignment and make repairs to an: existing pier off Carthcart Way: adjacent to Edenton Bay Plantation in Chowan County. It was received. complete December 21, 2020 and appears.to.be adequate for processing at this time.. The projected deadline for making a decision is March 6,.2021. Anadditional 75-day review, " -time is necessary to complete the review.. If you have not period is provided by law whenaach been notified of a final action by the initial deadline stated above, you should consider: the review period extended. 'Under those circumstances, this letter 14 serve as your notice of an extended review. However, an additional letter will be provided. on or about the 75th.day. If this agency does not render a permit decision within 70 days from December 21, 2020, you may request a meeting with the Director of the Division of Coastal' Management and. permit staff to . discuss the status of your.project. Such ameeting.will be held within.five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant: NCGS 113A-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 yourproposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your I North Camun..a oepararunent ufawjr4nmemal Quality I Mly1slondcoastelManagement M] beti Cltyofaee I'401SouthCrlfan Street"3u1te3U0 I Eltmbeth ftMbAh Carodha27909 252.2643901 Soundside Road Properties, LLC c/o Trent Ragland January 21, 2021 Page 2 of 2 property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact the field representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Ron Renal 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 Brian Rubino, Quible & Associates P.C., Ditty Hawk, NC Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: The Chowan Herald Edenton, NC 27932 c/o edalegals(riidailyadvance.com FROM: Ella Godfrey DATE: January 21, 2021 ROY COOPER Govemor MICHAEL S. REGAN Secrernry BRAXTON C. DAVIS 0""I., SUBJECT: Major Public Notice: Soundside Road Properties, LLC Please publish the attached Notice in the Thursday, January 28, 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, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elimbeth City, NC 27909 252-264-39011252-331-2951 [fax] NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 12/21/20. Soundside Road Properties, LLC proposes to construct a new bulkhead two feet out from the existing bulkhead alignment and make repairs to an existing pier off Cathcart Way, adjacent to Edenton Bay Plantation 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 02/17/21, 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: DATE Thursday, January 28, 2021 NOTI(01017aA CAMA PERMIT APPLIED FOR PROJECT: construct a new bulkhead two feet out from the existing bulkhead alignment and make repairs to an existing pier COMMENTS ACCEPTED THROUGH February -17, 202-1 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Soundside Road Properties, LLC Cynthia Rountree c/o Trent Ragland 401 S. Griffin Street, Suite 300 3725 National Drive Elizabeth City, NC 27909 Raleigh, NC 27612 252-264-3901, ext. 23 919-782-7283 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit Ifd6Yt ?CkQLA l 00rwl tA4 Ro�51�v 114� 1G Mailing Address: /SD 'RoAQ:i�� P (- 2 7G 12. Phone Number: 9l9 -791 - 72 93 Finail Address: 411"0 60AALV .tr fbnaf�Ie*v c. e, I certify that I have authorized Quible & Associates, P.C. Agent i Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: shoreline stabilization bulkhead replacement and associated backfill and upland restoration at my property located at in Chowan County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Jwna.✓ Fitts �i "3 i `ZO2.0 Date /2021 This certification is valid through 12/3!1 I Receivd Nov 16 =3 DMEC �,-_M_ .ZM ROeeived Quible & Associates, P.C. "` P.O. ),a B]0 IGuy Ho kNC 27949 ENGINEERING • ENVIRONMEN7ALSCIENCES • PONNING • SURVEYING Phme: 252-491 8147 SINCE 1959 DCM-EC web: cprle cam CERTIFIED MAIL: RETURN RECEIPT REQUESTED November 10, 2020 Edenton Bay Co. Attn: Brian Harvill 205 Dundee Drive Edenton, NC 27932 RE: CAMA Major Permit Trent Ragland Bulkhead Mr. Harvill: As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a CAMA Major Permit. As depicted on the accompanying site plan, the proposed modification to the active CAMA Major Permit includes the replacement of the existing dilapidated bulkhead with a new bulkhead, back fill of areas washed out and eroded from the failing bulkhead, and the restoration of an existing pier and boatlift. Please see included CAMA Plan for all proposed work. Should you have no objections to this proposal, please check the " I have no objection to this proposal' line and sign/date below. Please return this statement to Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949 as soon as you can. You can mail the original back to me or you can scan and email back to brubino@guible.com . I can also be reached at 252-491-8147. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Ms. Cynthia Rountree, 401 S. Griffin St. Suite 30D, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Troy Murphy ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to _ Soundside Road Properties LLCs _ ----- -- -------------- -------------- — property located at _ Off Cathcart Wave of Property Owner) (Address, Lot, Block, Road, etc.) on Albemarle Sound , in Edenton, Chowan County N.C. (Waterbody) (CitvlTown and/or Countvl The applicant has described to me, as shown below, the development proposed at the above location. NI have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual Proposing development must fill in description below or attach a site drawing) Recd cd DEC 11 20_7 DCM-EC WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) GSg alure nature'* Troy Murphy-Quible &Associates P.C. (Agent) Edenton Bay Co. Attn: Brian Harvill Print or Type Name Print or Type Name PO Box 870 205 Dundee Dr. Mailing Address Mal!!ng Address Kitty Hawk. NC 27949 Edenton. NC 27932 Cit�/Stafe2 City/StateMp Tele.hope N/Umber/emall address Telephole Nttul%lbar/email address //O ZZO ll (d 1 L.J Lo Date Dale - (Revised Aug. 2014) *Valid for one calendar year after signature* Quible Receivicd Quible & Associates, P.C. P.O. Drower870 K* Hawk NC 27949 ENGINEERING • ENVRONMENIAL SCIENCES • PLANNING • SURVEYING {�p 1/Re1 EE-�r^ Phww 25249L0147 SINCE 1959 D C fd-E V weti q tle wm CERTIFIED MAIL: RETURN RECEIPT REQUESTED November 10, 2020 James and Diane McMenamin 334 Bay Point Drive Edenton, NC 27932 RE: CAMA Major Permit Trent Ragland Bulkhead Mr. and Mrs. McMenamin As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a CAMA Major Permit. As depicted on the accompanying site plan, the proposed modification to the active CAMA Major Permit includes the replacement of the existing dilapidated bulkhead with a new bulkhead, back fill of areas washed out and eroded from the failing bulkhead, and the restoration of an existing pier and boatlift. Please see included CAMA Plan for all proposed work. Should you have no objections to this proposal, please check the "I have no objection to this proposal' line and sign/date below. Please return this statement to Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949 as soon as you can. You can mall the original back to me or you can scan and email back to brubino@quible.com . I can also be reached at 252-491-8147. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Ms. Cynthia Rountree, 401 S. Griffin St. Suite 300, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Troy Murphy f I S o: p p 3: I +n r r. Ak .+k l }v I 1 � yrad�,Y4 �,.-;ei•. �ti Jam_. l•�Y(�.f� �MF Lr I YJ 1 1 x is a. ■ Complete Rams 1, 2, and 3. ■ Print your name and address on the reverse x so that we can return the card to you. ■ Attach this card,to the back of the mallplece, R/ or on the front if space permits. 1. Article Addressed to: . D. , piM&& a Qtous /47&A4A))A) 123 q &OP 4)70 02 Jej,p"A) AC a`�`,�3d IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII 9590 9402 4940 9063 860516 YC ;.701' i' , t PS Farr ❑ Agent Is delivery address dif9rent tram item 17 V Yet If YES, rent wary address below: ❑ No 3. Service Type D Priority Mal EXPrese9 ❑AduitSlgnalure 0 Reglstered MaV'" O AtlaIt 6lgrenao Restricted Oelvery 0 Reglsteretl Mall flas4leted qq��,eeDdifed Mall® Delivery GCerliP.ed Mel Reshlcled Delivery D Retum Receipt for 0 COVxt on Delivery ❑ Collect on Delivery Restricted Delivery Merchentlise 0signeture Confilmationie — ._.. ❑ Signature Conlrmatlon WI I ResWcted Delivery Restricted Delvery I % ,.fi'.�.ztQSyF. • • • e i ■ Edmpleteitems ;�, antly3. A. slg a 1 ■ Print your name and address on the reverse X 7 so that we can return the card to you. ■ Attach this card to the back of the mailpiece, Ra%eivej y (Pj"t�,%� ems. �v� Qti AQ ati9-?a IIIIIIIIIIIIIIIIIIII'llllllllllllllllllllllllll 9590 9402 4940 9063 8605 26 2. Article Number frrensferfromservicelabeq 7019 0160 0000 7952 6379 PS Form 3811, July 2015 PSN 7530-02-000-9053 'Doreesllc Return Receipt Agent Is delivery address diff&nt from Item 17' u We If YES, enter delivery address below: ❑ No C-/ 61 . Service Type ❑ Prieldy Mall Express® I AdullSignalure 13 Registered Mv7"1 I AAdd AAtSlglreture Restricted Delivery 0 R jLstened MNI Restricted YCedified Mail® I DedKed Man Restricted Delivery0 Delivery Retum Reeelptfor I Collect on Delivery Meahantlise I Collect on Delivery Restricted Delivery, 0 signature Congrmatian*" I Insured Met t , •. ' . 0 signature Confirmation I Insured Melt Restricted Delivery ' Restricted Delivery '(overS500) Domestic Return Receipt Receiturcd DEC 19 2r'( DCPA-EC Filed: 01252017 01:09:134 PM Lynn C. Gllllard, Reglsler of Deeds Chowan County, NC p izeC�{rrcd Revenue Tax: $10,000.00 Land Transfer Tax: $0.00 NOV 6 Book 497 PAGE 332 (10) " 4 1 IIIIIIeIIIIIIIYIIIII� DCr4-EC Excise Tax: $10,000.00 Recording Time. Book and Page Parcel ID #: 7804-00-91.6613.7814-00-54-4560,and 7814-00-14.5201 After recording return to: Samuel T. Oliver, Jr. of Manning, Fulton & Skinner. P.A. P.O. Box 20389. Raleigh. NC 27619 This instrument was prepared by: Joseph B. Bass III of Manning, Fulton & Skinner, P.A. P. O. Box 20389. Raleigh. NC 27619-0389 Brief description for the Index: NORTH CAROLINA SPECIAL WARRANTY DEED (in lieu of foreclosure) THIS DEED is made as of the 114 day of July, 2017. by and between GRANTOR BELVIDERE PROPERTIES, L.L.C., a North Carolina limited liability company. and JACK'S PASTURE, L.L.C., a North Carolina limited liability company PO Box 176 Edenton NC GRANTEE SOUNDSIDE ROAD PROPERTIES LLC, a North Carolina limited liability company 3725 National Dr.. Ste 150. Raleigh, NC 27612 Attn: W. Trent Ragland III The property conveyed by this instrument does not include the primary residence of Grantor. The designation Grantor and Grantee as used herein shall include said parties. their heirs, successors. and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSF.TH, that Grantor. for valuable consideration paid by Grantee. the receipt of which is hereby acknowledged, has given. granted. bargained. sold. and conveyed. and by these presents does hereby give. grant, bargain. sell. and convey unto Grantee in fee simple. all those certain %137411, 11.J1111 `91ha.72]Mr / 76,5W Book 497 Page 333 lots or parcels of land situated in Chowan County, North Carolina, and more particularly described as follows (the "Pronertv"): See Exhibit A attached hereto and Incorporated herein by reference. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor is seized of the Properly in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the Properly hereinabove described (and this conveyance) is subject to the following exceptions: (i) ad valorem taxes for the year 2017 and subsequent years; (ii) enforceable easements, restrictions, covenants, and rights of way of record; (iii) that certain Deed of Trust (Direct) from Jack's Pasture, L.L.C. to Terry J. Miller, Trustee for beneficiary the Administrator of the Small Business Administration, an agency of the Government of the United States of America, dated September 1. 2004, and recorded September 24, 2004, in Deed Book 327, Page 282, Chowan County Registry. securing the original principal balance of $345,300.00 (only with respect to the portion of the Properly described therein), and (iv) that certain North Carolina Deed of Trust from Belvidere Properties, L.L.C. and Jack's Pasture, L.L.C. to M.H. Hood Ellis, Trustee for beneficiary W. Trent Ragland, Jr, and wife, Anna W. Ragland, as joint tenants with tight of survivorship, dated September 15, 2009. and recorded September 16, 2009, in Deed Book 414, Page 97, Chowan County Registry (as the same may be amended, modified, and/or assigned from time to time, the "Ragland Deed of Trust"), securing a promissory note originally payable to the order of W. Trent Ragland, Jr. and -wife, Anna W. Ragland in the original principal amount of $5,000,000.00 (the "Ragland Note'). On or about July 12, 2014, the Ragland Note was endorsed to the order of W. Trent Ragland III (50%), Anna Ragland Hayes (250/6), and Alice M. Ragland (25%) (collectively, the "Re nds'), and the Ragland Deed of Trust was assigned to the Raglands by that certain Assignment of Deed of Trust dated July 12, 2014. and recorded July 23. 2014, in Deed Book 467. Page 481, Chowan County Registry. On or about July 17, 2017, the Ragland Note was endorsed to the order of Soundside Road Properties LLC, and the Ragland Deed of Trust was assigned to Soundside Road Properties LLC by that certain Assignment of Deed of Trust dated as of July 17. 2017. and recorded in the Chowan County Registry on or about the date of the recording of this deed. Soundside Road Properties LLC (the Grantee in this Deed) is now the owner and holder of the Ragland Note and the beneficiary and secured party under the Ragland Deed of Trust. This deed is an absolute conveyance. Grantor having sold said land to Grantee for a fair and adequate consideration. in addition to any above recited. being a credit in the amount of $5.000,000.00 against the obligations secured by the Ragland Deed of Trust. In addition, the consideration for this transfer consists of Grantee's waiver of its right to pursue any deficiency judgment against Grantor and acknowledgment that no further interest accrual shall occur as it relates to any deficiency balance owing under the Ragland Note. 'Phis deed in lieu of foreclosure WLIM r 1 r.ma.2srns.rn6a3 Receilicd NOV 16 :7 DUA-Ee Book 497 Page 334 is not intended as a mortgage, deed of trust, trust conveyance, or security of any kind. Simultaneously with the delivery of this deed in lieu of foreclosure, Grantors have surrendered possession of the Property described and conveyed herein to Grantee. and possession thereof hereby is accepted by Grantee. Grantor declares that this conveyance. is freely and fairly made and that there are no agreements, oral or written, with respect to said Property described herein, other than this deed between Grantor and Grantee with respect to said Property. See Affidavit of Grantor attached hereto as Exhibit B, the terms of which are hereby incorporated herein by reference as if set forth completely. Grantor and Grantee intend that there shall not be a merger of any liens benefiting the Grantee against the Property, including without limitation the Ragland Deed of Trust, with title or other interest of Grantee in the Property by virtue of this conveyance, and the parties expressly provide that the liens against the Property benefitting the Grantee on the one hand and title on the other, shall remain at all times separate and distinct for purposes of priority as between (i) intervening or inferior liens and encumbrances, if any, on or against the Property, and (ii) the liens against the Property benefftting the Grantee, and for any and all rights of the Grantee to exercise its remedies of foreclosure by private foreclosure sale pursuant to non judicial foreclosure or by judicial foreclosure. Any and all other remedies am expressly preserved hereby and for the purpose of limitations and any other applicable time periods are expressly extended as evidenced by this instrument. This conveyance is made specifically subject to the Ragland Deed of Trust. While it is understood and agreed by and between Grantors and Grantee that the Ragland Deed of Trust remains uncancelled in the event that enforcement thereof shall become desirable. in the lienholder's sole and absolute discretion, including without limitation by reason of any matters which would take priority over or invalidate this deed, by accepting this Deed in lieu of foreclosure the Grantee acknowledges and agrees that Grantors have no individual liability under the Ragland Note or the Ragland Deed of Trust and that no further interest accrual shall occur as it relates to any deficiency balance owing on the Ragland Note. The Ragland Deed of Trust shall be and remain at all times a valid and continuous lien on the Property, and the title of the Trustee under the Ragland Deed of Trust shall continue to constitute the valid legal title to the Property described on Exhibit A attached hereto, until such time as the lienholder shall elect to cancel or foreclose upon said Ragland Deed of Trust, [Remainder of page is intentionally blank: signatures and notary acknowledgments follow.] Receind NOV 10 DCM-EC 903740 %I Hall _'NIM1A:r_7M I Bock 497 Page 335 IN WITNESS WHEREOF. Grantor and Grantee have caused this instrument to be duly executed and delivered. BELVIDERE PROPERTIES, L.L.C.. r. a No arolina limited iabilit company �j Received By: Naml .John G. Wood IV NOV 16 :'3 Title:naL JACK'PASTURE, L.L.C.. No'aolinaliiDMGIted liability company / Bv: 4� Nanif. John G. Wood 1V Title: Manager SOUNDSIDE ROAD PROPERTIES LLC. a North Carolina limited liability company By: Name: W. Trent Ragland 111 Title: Menaeer STATE OF NORTH CAROLINA COUNTY OF & &ULIV"er 1 certifv that the following person(s) personally appeared before me this d�»��p acknowledging to me that he or she voluntarily signed the foregoing document for taL�p to :RI stated therein and in the capacity indicated: JOHN G. WOOD IV. •�y3� N O jq Date:% .2017 Notary Public: Printed Name: ( fC ;? My CommissionExpires: "•••• ` STATE OF NORTH CAROLINA COUNTY OF 1 certify that the following person(s) personally appeared before me this day. each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: W. TRENT RAGLAND III, Date: .2017 Notary Public: Printed Name: My Commission Expires: 94741N I LJ an.!91 M19: r]7 W Book 497 Page 336 IN WITNESS WHEREOF. Grantor and Grantee have caused this instrument to be duly executed and delivered. BELVIDERE PROPERTIES, L.L.C., a North Carolina limited liability company �. ���(e` d By: Name: John G. Wood IV RY� �C Title: Manaeer NOU 16 :.-7 JACK'S PASTURE, L.L.C., a North Carolina limited liability company DCM-EC By: Name: John G. Wood IV Title a er SOUNDSIDE ROAD PROPERTIES LLC. a North Carolina limit liability company By: Namc: W. Trent gland Title: Manage r STATE OF NORTH CAROLINA COUNTY OF I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: JOHN G. WOOD IV. Date: 2017 Notary Public: Printed Name: My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF WO Ke. I certify that the following person(s) personally appeared before me this day. each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: W. TRENT RAGLAND 111. Date: Ittow Notary Public: %)"1P.t.a 7Y1. Printed Name: /YIa; M. larK My Commission F.xpires: OcAo ber 3, AO/6' 907J 9 ,91 J I1a.191 Aa1279) Book 497 Page 337 EXHIBIT A Received Legal Description of Prople ttv NOV 16 ::;7 FlmtTraet (Belvidere Properties, LLC, PIN 780"D-91.6613)i D C rA-E `j That certain 11155 acts treat consisting of the original 252.916 ■cm tract conveyed to Belvidere Properties, L.LC. by deed dated April2D, 1994 of record in Book 210, Page 661 oftho Chowan County Public Registry and a shown on the plat dated March 21, 1994 of record In Plat Cabinet 1, Slide 121-D of the Chowan County Public Registry (incorporated by reference) LESS and EXCEPT the 8725 acre convoyed by the deed In Book M. Page B20 of the Chowan County Public Regishy; the 34.54 acres shown on the plat in Plat Cabinet 1, Slide 177-D of the Chowen County Public Registry; and the 6.07 acres shown on the plat in Plat Cabinet 1, Slide 182-D of the Chowan County Public Registry. Second Tract (Jack`s Pastore, LLC. PIN 78144)0.14-5101 & PIN 7814.00d44560): Tract A (PIN 7814.00-1"201): Fourth Tosmshlp, Chomar County, North Carolina BEGINNING AT POINT in the Western margin of N.C. Stale Road 01114 ("Soundside Rae&" W "marked by the IntorwAian of the Western margin of N.C. State Road 01114 and the center line of the tan of the branch of Queen Amen Creek; thence from Wd POINT OF BEGINNING the following courses and distances along the Western margin of N.C. State Road 1114: South 380 30' 29" West, 700.69 fat to a point also marking the center line of & tams path with the Western Margin of N.C. State Road di 114; thence from said point South 380 301291 West, 2,234.31 fat to apolnG than" from mid point in a South-Strthwasterly direction along a curve (curve date: chord -South 32010' I I" West, 5B529 feet; radius-2,650.79 fire) ■ distance of 5116.49 feet to a point; thence from sald point South 25" 47 53" Wes; 585.14 feat to a point; thence from sold point in a South-SwNweatarly direction along a curve (curve data: shad -South 060 00' 50" Wes; 648.04 feel; ad)us-955.74 feet) a distance of 661.14 fact to a point; theme from mid point South 13049' 130 East, $73.23 feet to a point; thence from avid point in a SouthSouthaateriy direction along a curve (curve dam: chord -South 250 43'04" Em% 505.74 feet; mdiva4,224.87 feet) a distance of 509AO feet to a point; thence from mid point South 370 37 550 East, 224.92 fat to it point which point is also located 0.52 feet from an Iron pipe in concrete located inside the right of way of N.C. State Rod 01114; Thence from mid point and leaving the Western margin of N.C. State Road d1114 the following course and didahtes along the western Eno of pan" tow or formerly belonging m W. D, Peden: South 500 55' 08" West, 549.28 feet to a point marked by a pipe; thence from mid point gad pipe South $50 40' 33" West, 218.27 fat to a point marked by a pipe; thence from add point and pipe South 610 16' I I" Wes; 156.16 feat to a point marked by a pipe; thence from add point and pipe South 500 43' 06" West, 71.76 fat to a point marked by a pipe; thence from said point and pipe Souse Sr 18' 50" Wes; 194.53 fsetto a point marked by a pipe; thence from said point and pipe South 590 34' 48" West 330.27 het to a point marked by a pipe; thence from mid point and pipe South 590 09' 08" Wes; 486.46 fat to a point, thence from geld point South 600 53' 26" West, 146.69 feet to a point thence from midpoint South 190 33' 36" Ear; 398.97 fat to a point, thence from said point South 80 OT 530 Bast, 18D.97 feet to apoint; then" mum said point South 200 04' 35" Wes; 174.54 feet to a point, thence from said point South 22035' 33" Wes; 190A4 fat to a point; three from add point South 210 44' 34" Wes; 126.73 feet to a point; thence from said point South 230 23' 33" Wes; 179.54 feet to a point; throw from mid point South 190 e0740 s1 U111L0a169: t-7M3 Book 407 page 338 2tY 36" West,168.61 feet to a point in the center line o'f iiri ibandoned railroad bed or right of way, Thence from said point and along the center line of the abandoned railroad bed or right of wayNarth 20" 02' 00" West, 5,930.05 feet to a point marked by an iron pin; Thence from said point and iron pin the following courses and distances along a farm path known as Cherry Point Road: North 14" 08' 51"East, 1,432AS fact to a point thence from said point North 37" 46' 59" East, 2,090.14 feet to a point marked by an iron pin; Thence from said point and iron pin North 34" 24' 02" Bast, 279.78 fact to a point worked by an Iron pin; thence from said point and iron pin North 40" 1S' 48" Best, 258.54 feet to a point thence from said point North 03" 31' 35" West, 624.24 feet to a point in the Southern shoreline of Queen Anne's Creek; Thence from said point the following courses an distances along the Souther shoreline of Queen Anna's Creek: North 67" 26' 15" East, 491.63 feel to a point; thence from said point South 60" 43' 06" East, 215.39 feet to a point thence from said point North 82" 25' 58" Bast, 43539 feet to a point; thence from said point South 96" 16' 14" Fait, 188.70 fact to a point; thence from said point South 67" 39' 02" East, 163.95 feet to a point thence from mid point South 060 021300 Eaat, 26233 feet to a point; thence from mid point South 30" 15' 46" Best, 179A9 feet to a point; thence from said point South 51049' 32" East, 190.75 feet to a point; thence from said point North S6" 06' 36" Ess% 150.01 feet to a point; thence from said point South 46" ST I S" East,14S.23 feet to a point thence from said point South 76" 26' 10" East, 187.21 feet to a point; thence from said point South 34" 49320 East, 229.96 fed to a point thence from said point South 60" 17 33" East, 292A9 fact to a point thence faro said point South 52e 57 53" East, 359.85 fed to ■ point marking the cantwline of the run ofthe branch of Queen Arme's Creek; Thence from add point the following courses and distances with the centedlae of the con of the branch of Queen Anne's Creek: South 36" 311 35" East, 79.19 feet to a point; thence from mid point South Sr 56 05" But 191.71 fed to a point thence from avid point South 479 23' 10" East, 202.65 feet to a pout; thence from said point South 51" 43' 53" East, 259.96 feet to a point; thence from said point South 59" 45' 24" East,159.48 feat to a point thence from said point South 57" 11' 510 Enst, 654.61 fed to the POINT AND PLACE OFBEOINNINOInthe Western margin ofN.C.State Road #1114. Samebeing 650.093 acres as shown on that survey and plat entitled "Jacks Feature" dated March 13,1997 prepared by Josiah A. Webb, IB, Registered Lead Surveyor of record in Plat Cabinet 1, Slide 175D ofthe Chowan County Public Registry and avid plat Is Ineorparnted herein by reference for further description. Tract B (PIN 781440-544560): Fourth Township, Chowan County, North Carolina BEGINNING AT A POINT in the Eastern margin of N.C. State Road 01114 ("Soundaide Road" 8(r RAN) as marked by the intersection of the South line of the "Division of'Moris Small, at al" (Plat Cabinet I, Slide 42-D of the Chowan County Public Registry incorporated heroin by reference) with the Eastern margin of N.C. Stele Road 91114; thence from mid POINT OF BEGINNING the following courses and distances along the South line of the "Division of Mortis Small, at al": South 40" 0& 4S" Batt, 340.30 feet to a point; thence from sold point South 16" 36.45" Far, 175.00 feet to a point; thence from said point South 35" 30 45" East, 225.00 fed to a point thence from mid point South 49" 36' 4S" East, 205.00 feet to a point thence from said point South 44" 36' 45" East, 545.00 feet to a point; thence MUM I I. 1110916a:1'_76q ReceilJd NOV 16 DCM-EC Book 497 page 339 from midpoint South 40" 52' 15" West, 161.50 feet to a point marking the Northwest comer of property now or formerly belonging to Heidc Trask Wood, et al (Soo Deed dated December 20, 1983 of record in Book 145, Page 622 of the Chown County Public Registry incorporated herein by reference); thence from said point along the West line of the Wood, et al property South 40" 52' 1 Y West, 3,344.62 feet to a point; thence from said point and continuing along the line of the Wood, at al property South 27" 44, 28" But, 789.76 feet to a point marked by an iron pin; thence from said point and iron pin along a ditch marking the line of property now or formerly belonging to W. D. Pruden South 58" 52' 50" West, 1, 145.45 feet to a point marked by an iron pipe in the Pastern margin of N.C. Slate Road 91114; Then= from said iron pipe and point the following courses and distances along the Eastern margin of N.C. State Road 01114: North 37" 37' 55" West, 236.61 feet to a point; thence from said point in a North -Northwesterly direction along a curve (curve date: Chord -North 25e 43' 04" West, 472.71 feet; radius-1,144.87 feet) a distance of 476.13 feet to a point, thence from said point North 13" 48' 13" West, 573.23 feet to a point; thence from said point in a North -Northeasterly direction along a curve (curve data: Chord -North 06" 00' 50" East, 593.80 feet; Radius - 875.74 feet) a distance of 605.81 feet to a point; thence from said point North 25" 49' 53" Fast, 585.14 feet to a point; thence from said point in a North -Northeasterly direction along a curve (curve data: Chord -North 32" 10' 11" East, 567.62 feet; Radius-2,570.79 feel) a distance of 568.79 feet to a point; thence from said point North 38e 30' 29" Fast, 2,947.27 feel to the POINT AND PLACE OF BEGINNING. Some being 152.023 acres as shown on that survey and plat entitled "lack's Pasture" dated March 12. 1997 prepared by Josiah A. Webb, 111, of record in Plat Cabinet 1, Slide 175E of the Chowan County Public Registry and said plat is incorporated herein by reference for Rather description. There Is also conveyed with the First Tract and Tract A of the Second Tract a private, non-exclusive easement and right-of-way for purposes of ingress, egress and regress for access and for underground utilities or similar services (s.g. electrical, water, sewer, cable television) in and to the 60 foot private road and right-of-way designated as "Bay Point Drive" leading to Mallard Cove Subdivision and Edenton Bay Plantation Subdivision. For more particular description and location of said 6D foot easement and right-of-way, seethe plats of"Belvidere Properties, L.L.C." referenced above, one of which is recorded In Book 351, Page 872 of the Chown County Registry, and the other of which is attached hereto and both of which we incorporated by relaxants herein. In addition to the easement and right-of-way herein granted ova the private 60 foot road end right -of --way shown on the referenced Belvidere Properties' plats, there is also conveyed herewith a private, non-exclusive easement and right-of-way for purposes of ingress, egress, and regress for access and for underground utilities as set forth herein over Bay Point Drive to and from Sound Side Road (N.C. State Road 1114). For more particular description and location of the right-of-way and easement designated as Bey Paint Drive, see the deed from Belvidere Properties, L.L.C. and Jack's Pasture, L.L.C. to N.C. Timberline, L.L.C. of record in Book 257, Page 820 of the Chown County Public Registry, incorporated herein by reference. See also plats locating Bay Point Drive of record in Plat Cabinet I, at Slides 177A-C, Chown County Public Registry. Recel d NOV 16 _::J e037471,11 J11II291.9127M3 DCP4.EC Book 497 Page 340 EXHIBIT B STATE OF NORTH CAROLINA COUNTY OF CHOWAN AFFIDAVIT John G. Wood IV, being first duly swom, for himself and on behalf of BELVIDERE PROPERTIES, L.L.C. and JACK'S PASTURE. L.L.C. (collectively *'Grantor"), deposes and says: That on behalf of the Grantor. and in his capacity as the duly -authorized Manager of Grantor, he made, executed, and delivered, that certain deed from BELVIDERE PROPERTIES, I.L.C. and JACK'S PASTURE, L,L.C. to SOUNDSIDE ROAD PROPERTIES LLC, a North Carolina limited liability company (herein "Grantee") to which this Affidavit is attached (herein the "Deed") conveying the property described on Exhibit A to the Deed (herein the "Property"); That the Deed was intended to be, and was, an absolute conveyance of the title to the Property to Grantee, and was not, and is not now, intended as a mortgage, trust conveyance, or security interest of any kind; that it was the intention of Grantor of the Deed, and by the Deed, to convey to Grantee all of its right, title, and interest absolutely in and to the Property; that possession of the Property has been surrendered to Grantee, subject only to those leases for the calendar year 2017 which may be expressly recognized in writing by Grantee; That the Deed was not given as a preference against any other creditors of Grantor, that at the time it was given there was no other person or persons, firms, or corporations, other than Grantee. interested, either directly or indirectly, in the Property other than as expressly set forth in the Deed; that Grantor has no other creditors whose rights would be prejudiced by such conveyance; and that Grantor is not obligated upon any bond, trust conveyance, security interest, or mortgage whereby any lien has been created or exists against the Property described in the Deed other than as set forth in the Deed; That in the execution and delivery of the Deed, Grantor was not acting under any misapprehension as to the effect thereof, acted freely and voluntarily, with and under advice of counsel. and was not acting under coercion or duress: that the consideration for the Deed was and is payment to said Grantors of the sum of $5,000.000.00 by Grantee, in the form of a credit in said amount against the outstanding balance of the obligations secured by that certain deed of trust heretofore and hereafter existing as a lien on the Property executed by Grantor originally for the benefit of W. Trent Ragland. Jr. and wife, Anna W. Ragland, as joint tenants with right of survivorship, recorded in Deed Book 414. Page 97, Chowan County Registry (the "Ragland Deed of Trust"), as subsequently assigned to W. Trent Ragland 111(50%"), Anna Ragland Hayes (25%). and Alice M. Ragland (25%) by assignment recorded in Deed Book 467, Page 481. Chowan County Registry, and as further assigned to Grantee by assignment recorded in the Chowan County Registry on or about the date of the recording of the Deed; that further consideration for the Deed was and is Grantee's waiver of its right to pursue any deficiency judgment against Grantor for the remaining balance of obligations secured and evidenced by the Ragland Deed of Trust; that at the time of making the Deed. Grantor believed and now believes that the consideration recited therefor represents the fair value of the Property so deeded: This affidavit and estoppel certificate is made for the protection and benefit of Grantee in the Deed, its attorneys, title insurers. lenders. successors, and assigns. and all other parties hereafter dealing with. or who may acquire an interest in, the Property described in the Deed: and That afRents, and each of them. will testify. declare, depose, or certify before any competent tribunal, officer, or person, in any case nmv pending or which map hereafter be instituted to the truth of the particular facts hercinabove set filrth. 90317J0 vl I.la11.39168.1276 3 Recavcd NOV ncrg-EC Book 497 Page 341 STATE OF NORTH CAROLINA COUNTYOF NUJv 0AYINIfIr (SEAL) I certif • that the following person(s) personally appeared before me this day. each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity Indicated: JOHN G. WOOD IV. Date: �lw.2017 Notary Public: nn Printed Name: TI.�'�X�11111Y m__I ,,,,�A,Nrrtrtrrr,r,, I I zo �► �•oY VA./a M) Commission Expires: Recch✓cd NOV I G .: -, L)Cfq.Ec W114t rl Llall_^MA: 2WA.1 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 21, 2021 MEMORANDUM: NORTH CAROLINA EnNronmental 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) gregg. bodnar(a)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundside Road Properties, LLC Project Location: Off Cathcart Way adjacent to Edenton Bay Plantation in Chowan County Proposed Project: Bulkhead replacement and pier repairs Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 11, 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 AGENCY SIGNATURE 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 2,52.264.3901 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Soundside Road Properties, LLC Distribution Date: 1/21/2021 AGENCY ECRO Community Development/LPO Brandon Shoaff DCM Planner Charlan Owens ElizCity US COE: Raleigh Bland Community Assistance Lee Padrick (Beaufort Carteret Craven, Elk City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longerpublic Water Supply) Clif Whitfield Marine Fisheries James Harrison NC DOT David Harris Shellfish Sanitation Shannon Jenkins Sharon Gupton State Property Tim Walton Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Storm water- DWR401- Samir Dumpor Roger Thorpe Chris Pullinger WRC National Heritage Program Maria Dunn (WARD) Rodney Butler C:\Users\ajcannon\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y3T91DNS\Maj Comment Distribution Sheet - Soundside Road Properties LLC.docx Revised: 6/29/2018 MAJOR PERMIT FEE MATRIX Applicant' JG' v `�+C�2 Q"'� ?r �2Pa�� LLC Selection Development Type Fee DCM % (1430016014351000931625 6263) DWt] % (243001602 435100095.2341) I. Private, non-commercial development that does not Involve the filling or excavation of any wetlands $250 100% ($250) 0%($0) en water areas: blicorcommerciallopment that donot e the filling or ation of any wetlands $400 100%($400) 0% ($0) en water areas: ff r Modification to a Ma or ermit $250 100% ($250) 0%($0)A r development that es the filling and/or.vation of up to 1 acretlands and/or open r areas, detetmine if A, B. G. or D below applies: III(A). Private, non- commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4097 (See attached can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0°Jo ($0) No. 4097 (See attached) can be applied: III(C). if General Water Quality Certification No. 4097 (see attached) could be applied, but DCM staff determined that additional $400 60%($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or life: 4.aauatic f General Water Certification No. ee attached) cannat $400 60% ($240) 40%($160) lied: development thats the filling and/or excavation of more than one acre of wetlands and/or $475 60%($285) 40% ($190) open water areas: V-=- I , . I *"'This is a word processing form to be completed In Microsoft Word' NC Division of Coastal Management Major Permit Application Computer Shoot (11161112012) Applicant: Soundside Road Properties, LLC Date: January 15, 2021 Project Site County Chowan County Statf.,, Cynthia Rountree District: ZEfizabelh City ElWashington []Morehead City []Wilmington Project Name: Bulkhead Replacement Rover File: Data of Initial application submittal (EX;:1/8/2007): 11/1612020 Date application 'received as complete" in the Field office (EX., 1/8/2007): 12/21/2020 Permit Authorization: CAMA Dredge & Fill 0130th SITE DESCRIPTION/PERMIT INFORMATION PNA: []Yes ®No Photos Taken: Yes N NoEl Setback Required (riparian): ❑Yes ®No Critical Habitat: El Yes ®No ❑Not Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned. ❑Yes ®No SAV.• Yes ®No ❑Not Sure ShellBoltom: []Yes NNo ❑Not Sure Temporary Impacts., NYes ❑No Sandbags: Yes ®No M Not Sure Did the land use classification come from countyLUP., ®Yes ❑No Mitigation Required (optional): []Yes ®No Moratorium Conditions: Yes 0No ®NA Environmental Assessment Done: ❑Yes ❑No ®NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FINS) ® Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Timonium sp.) El (SS) Glesswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium%amaicense) El (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spadina altemi0ora) cynosuroides) ❑ (DS) Salt orspike grass (Disfichlis ❑ (SC) Bullrush or three square (Scirpus (TYJ Cattail (Typha sp.) spicata) spJ ❑ (JR) Black needlemsh (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 N III(A) Private w/D&F up to 1 acre; 3490 ❑ III(D) Priv, public or comm w/D&F to I can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ® Major Modification to a CAMA Major , ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 M 111(13) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - Il. Public or commercial/no dredge $100 and/or rill - $400 ❑ L Private no dredge and/or rill - $250 ❑ Ill(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied,, DCM needs DWQ agreement - $400 252-808-2808 :: 1-888-411COAST :: www.nccoasta1mana8oment.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Soundside Road Properties, LLC Date: January 15, 2021 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In yourAclivides code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension f Dimension 2 Dimension 3 Dimension 4 One One Bulkhead 1 New Work Replace 889 ft 1.5 ft 10 ft Maint9 ®Y❑N Vint 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 WorkrF Replace Maint ❑ ❑ Y [:IN New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work❑ Replace MOW ❑Y❑N - NawWoik❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work —[I 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 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N revised Nov. 201 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Soundside Road Properties, LLC Date: January 15, 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 tamp Impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tamp Impacts) FINAL Feet (Anficipatedanal disturbance. Excludes any restoration and/or temp impact amount Shallow Bottom Dredge ❑ Fill ® Both ❑ Other ❑ 2,848 Sqft 2,848 soft High Ground Dredge ❑ Fill ® Both ❑ Other ❑ 17,780 sqft 17,780 sgft Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill [I Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808.2808 1-888-411COAST :: www.nccoautaimanagemeot.net revised: Nov. 2012 ROY COOPER Governor MICHAEL S. REGAN Secrerary, BRAXTON C. DAVIS Director Mr. D. A. Ballou 303 Georgia Ave Morehead City, NC 28557 NORTH CAROLINA Environmental Quality January 26, 2021 Via US Mail and email to dariousballou@gmail.com RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Carteret County, CAMA Violation #20-32C Dear Mr. Ballow: This letter will acknowledge receipt of your Cashier's Check #138434, in the amount of $2,378.00, received/dated 01/25/2021. Once the amount of the check is credited to the Department of Environmental Quality's account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at (252) 808-2808. Sincerely, ka&i Tjra&jv&ow Roy Brownlow District Manager Cc via Email: Heather Styron, Coastal Management Rep., DCM North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Mr. D. A. Ballou 303 Georgia Ave Morehead City, NC 28557 NORTH CAROLINA Environmental Quality January 26, 2021 Via US Mail and email to dariousballou@gmail.com RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Carteret County, CAMA Violation #20-32C Dear Mr. Ballow: This letter will acknowledge receipt of your Cashier's Check #138434, in the amount of $2,378.00, received/dated 01/25/2021. Once the amount of the check is credited to the Department of Environmental Quality's account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at (252) 808-2808. Sincerely, Kati Tjr+awr�Qow Roy Brownlow District Manager Cc via Email: Heather Styron, Coastal Management Rep., DCM North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808