HomeMy WebLinkAbout125-21 Sunset Bay LLCPermit Class
NEW
Permit Number
125-21
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
Excavation and/or filling pursuant to NCGS 113-229
Issued to Sunset Bay LLC., 803 Cyprus Chapel Rd., Suffolk, VA 23434
Authorizing development in Dare County at adi. to Kitty Hawk Bay. at 3132 Bay Dr., in Kill Devil
Hills, as requested in the permittee's application dtd 1/28/21, incl att workplan drawings (3), 2020 Ortho dtd
"Rec MP Section MHD 6/30/21", Plan Drawing dtd "Rev 6/24/21" and Elevation Drawing dtd "Rev 7/l/21".
This permit, issued on September 20, 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
if these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null ana voia.
Docking Facility
1) This permit authorizes only the demolition of the existing docking facility and the construction of the
docks, piers, and other structures and uses located in or over the water that are expressly and
specifically set forth in the permit application. No other structure, whether floating or stationary, shall
become a permanent part of this docking facility without permit modification. No non -water
dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(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.
Z_1/1
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Petmittee
Sunset Bay LLC. Permit No. 125-21
Page 2 of 3
ADDITIONAL CONDITIONS
3) This permit authorizes a maximum of five (5) formalized boat slip.
4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
5) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches are
permitted. Lattice is specifically excluded from being used under this authorization.
6) The roof of the covered platform shall not be designed for second story use.
7) No attempt shall 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.
8) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
9) 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 and/or operation of the authorized facilities. 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.
As -Built Survey
10) An as -built survey shall be performed on the docking facility, and copies of the survey provided to the
Division of Coastal Management, within 60 days of completion of construction of these portions of the
project.
General
11) 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.
12) All debris associated with the removal or construction of the permitted docking facility shall be
contained within the authorized project area and removed to an appropriate upland location.
Sunset Bay LLC.
ADDITIONAL CONDITIONS
Permit No. 125-21
Page 3 of 3
13) 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, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
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. 2021-0250.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant: 5ukn b� 64 LLI—
Type: (Check all that apply)
New Y Major Mod Permit# Minor Mod _ Renewal Transfer
Permit Coordinator: godn
Field Representative: �4nm 1
Date Time Message
3� I���� �,Q12id �n �NL
fiat JkV�
U5W (ctlb�tcs, �1;, fibs a�ul,Qi(1',
DCM Coordinator: Permit #: I J�Y— a, 1
DCM Field Offices
Elizabeth City
Morehead City
US ACOE Offices:
MAILING DISTRIBUTION SHEET
Washington
Wilmington
(with revised work plan drawings)
(OBJECTIONS )
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Renee Gledhill -Earley at Environmental. Review@ncdcr.gov
Heidi Cox (WIRO) Clif Whitfield (WARO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger — 401
Tina Martin - 401
Jimmy Harrison
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson
IN MP-1 REGEIVED
APPLICATION for
Major Development Permit FEB 3 2021
(last revised 12/27/06) DCM-EC
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant(Landownerinformation
Business Name
Project Name (if applicable)
Sunset Bay, LLC
Sunset Bay LLC Pier Replacement
Applicant 1: First Name
MI
Last Name
Brian
Rowe
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
803 Cypress Chapel Rd
PO Box
city
State
Suffolk
VA
ZIP
Country
Phone No.
FAX No.
23434
1 u3
757.651.9144 ext.
Street Address (d different from above)
city
State 7-
Email
Brian Rowe <brian@weldenfieldva.com>
2. Agent/Contractor Information
Business Name
Albemarle & Associates, LTD
Agent/ Contractor 1: First Name
MI
Last Name
John
DeLucia,PE
Agentl Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
Ci
State
3989
Kill Devil Hills
NC
ZIP
27948
Phone No. 1
Phone No. 2
252 -441
- 2113 ext. 204
252 202 -2341 ext.
FAX No.
Contractor #
252 441-0965
Street Address (f dfferent from above)
city
State
ZIP
115 W. St. Clair
Kill Devil Hills
NC
27948
Email
johnd@albemadeassociates.com
<Form continues on back> MAR 16 2021
ITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmana8ement.net
Form DCM MP-1 (Page 2 of 4)
RECEIVED
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Dare
Street Address
13132
State Rd. #
Bay Drive 0CM-EC
Subdivision Name
city I.State
Zip
Kill Devil Hills
NC
27948
Phone No.
Lot No-(s) (if many, attach additional page with list)
757-651.9444 ext.
Lot,132 Moore Shores Subdivision
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Kitty Hawk Bay
C. Is the water body identified In (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Albemarle Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Town of Kill Devil Hills
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
54.8'
14,196.5
c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list) 4' ❑NHW or ®NWL
e. vegetation on tract
Flat with lawn areas around dwelling
f. Man-made features and uses now on tract
Existing Single Family Dwelling with exisitng bulkhead, rip -rap, swimming pool
Pier & Platform
g. Identify and describe the existing land uses ad'acent to the proposed project site.
Existing Single Family Dwelling south side
Vacant Town Owned Lot north side
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
RL
cc;
(Attach zoning compliance certificate, if applicable)
zoning
®Yes
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k. Hasa professional archaeological assessment been done for the tract? 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? RECEIV
<Form continues on next page> MAR 16 2021
DCM-MHD CITY
252-808.2608 :: 1-888-41ZCOAST :: www.ncconstalmanagement.net
Fonn DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (I) Are there wetlands on the site? ❑Yes ONo
(ii) Are there coastal wetlands on the site? ❑Yes ®No
(III) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Exisitng Septic Tank and Drainfield no expansion requested DECEIVED
ccn a ?n?t
o. Describe existing drinking water supply source.
Public Water Supplied by Town of Kill Devil Hills
p. Describe existing storm water management or treatment systems.
Porous Concrete driveway and parking pads; infiltration in lawn areas
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
This will be a private pier to serve the homeowner
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.
Marine construction methods for pile installtions, dock building and lift installation
d.
List all development activities you propose.
Construction of a new pier & stairs, w/ 1 elevator boat lift, 4 jetski lifts, and a covered gazebo
e.
Are the proposed activities maintenance of an existing project, new work, or both?
This new pier will replace the existing pier and will provide additional depth for boats
f.
What is the approximate total disturbed land area resulting from the proposed project? < 20 ®Sq.Ft or ❑Acres
g.
will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
None
I.
Will wastewater or stormwater be discharged Into a wetland? []Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA
j.
Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back> RECEN'ED
NZI
252-808-2808 :: 1.888-4000AST :: vuvvvv.nccoastatmanagement.nit
DCM-MHD CtTY
Form DCM MP-1 (Page 4 of 4)
RECEIVED
APPLICATION for
7
FED 3 2021
Major Development Permit
6. Additional information ��//�� ��
In addition to this completed application form, (MP-1) the following items below, p $lpli��pstne�ubmitted in order for the application
package to be complete. Items (a) - (0 are always applicable to any major deve opmen applica a Please consult the application
instruction booklet on how fo properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, cleady indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the dead (with state application only) or other Instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name North Town of Kill Devil Hills, Debbie Diaz Town Manager Phone No.
Address PO Box 1719, Kill Devil Hills, NC 27948 252-449-5306
Name Phone No.
Address
Name South Cory B Mclemore Pram No.
Address 1409 Van Buren Ct, Chesapeake, VA 23320 252-42"741
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pe"Ittee, and issuing dates.
Swimming Pool Permit #19.020 issued 12-6-19
Bulkhead Permit # 75682A GP issued 12-15-19
h. Signed consultant or agent authorization form, If applicable.
I. Welland 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 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 fad 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 1i28121 Print Name John M. DeLucia, Agent
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts d���IVE®
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
MAR ] 6 2021
OCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net
RECEIVED
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
FEB 3 2021
DCM-EC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑Public/Government I✓ 7Private/Cornrnunity
❑This section not applicable
b. (I) Will the facility be open to the general public?
❑Yes ®No
c. (1) Dock(s) and/or pier(s)
d. (I) Are Finger Piers included? ❑Yes ®No
(II) Number 1
If yes:
(III) Length 309.7 + steps to water
(it) Number
(iv) Width 210' 6' wide and 99.7' of 4' wide
(III) Length
(v)Floating ❑Yes ®No
(Iv) Width
(v) Floating ❑Yes ❑No
e. (1) Are Platforms included? ®Yes ❑No
f. (1) Are Boatlifts included? ®Yes []No
If yes:
If yes:
(ii) Number 1 2 Get ski platforms)
(ii) Number 1 runabout elevator lift ((4 jet ski spinners
(III) Length 14 22.5'
(2) 22.5' x 5.3' plafform
(III) Length 13 below)
i 12 5.3'
(v) Width
(iv) Width 6
(v) Floating []Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (1) Number of slips proposed
h. Check all the types of services to be provided.
1
❑ Full service, including travel lift and/or rail, repair or
(11) Number of slips existing
maintenance service
0
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips") only, number of slips:
® Dry storage; number of boats: 1 boats on lifts, 4 jet skis on lifts
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
i. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 28
m. (i) Will the facility have tie pilings?
❑Yes ONo
(ii) If yes number of be pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Open private runabout and Jet Skis
I. (t) Will the facility be open to the general public?
❑Yes Iallo
RECEIVED
MAR 16 2021
DCM-MHD CITY
252-808.2808 :: 1.8884RCOAST :: www.nccoastaimanaaement.net revised: 12/27/06
Form DCM MP-4 (Structures, Page 2 of 4) RECEIVED
FEB 3 M1
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout: Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats he controlled?
e. (1) Give the location and number of "No Sewage Discharge' signs proposed.
(it) Give the location and number of "Pumpout Available' signs proposed.
f. Describe the special design, if applicable, for containing industrial Type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
In. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
J. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED
MAR 1
DCM-MHD CITY
252"808.2808 :: 1.888"4RC0AST :: www.accoaetalmanaeement"net revised: 12127/06
Form DCM MP-4 (Structures, Page 3 of 4) RECEIVED
m. Is the marina/docking facility proposed within a primary or secondary nursery area? FEB 3 2021
❑Yes ❑No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
Dyes ❑No DCM-EC
o. Is the madna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW _ ❑SAV ❑SB _
OWL _ ❑None
P. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (1) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ®Private/Community
(ii) Number _
(III) Length
(Iv) Width
Note: Roofed areas are calculated from driplins dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable
a. (1) Number _
(li) Length
(iii) Width
& BREAKWATER (e.g., wood, sheetplie, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
❑Commercial ❑Public/Govemment ❑Private/Community
C. Distance to be placed beyond shoreline _
Note: This should be measured from marsh edge, if present.
e. Am of the swing
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
MAR 16 2021
DCM-MHD CITY
252-808-2808 :: 1.888-4RCOAST :: www.neeoastalmnnaaement.net revised: 12/27/06
Form DCM MP-4 (Structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
> 15'
Note: For buoy or mooring piling, use arc of swing including length
ofvessel.
c. Width of water body
0.7 miles
e. (i) WIII navigational aids be required as a result of the project?
[]Yes ONo. ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
31.5' from proposed pier (22.1' from old pier to be removed)
d. Water depth at waterward end of structure at NLW or NWL
3.8'
RECEIVED
FEB 3 2M
[ilL OTHER
®This section not applicable
a. Give complete description:
Date
1 /28/21
Project Name
Sunset Bay LLC Pier Replacement
Applicant Name
John DeLucia, PE Albemarle & Associates, LTD
Applicant Signature 9�&
N. Z:;PO _ / prw-
RECEIVED
MAR 16 2021
0CM-MHD CITY
252-808-2808 :: 1-888.4RCOAST a www.nccoastalmanaaement.net revised: 12/27/06
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Friday, July 9, 2021 10:02 AM
To: 'John Delucia'
Cc: 'Brian Rowe'; Renaldi, Ronald
Subject: RE: [External] FW: Rowe - Elevations
Morning all,
Based on our previous discussions I have taken the project off hold. The adjusted 150 day is 9/20/21. DMF asked about
water depths on some of the locations and I directed them to the depths located on the workplans. I have not had any
responses but as mentioned before the workplans have changed significantly to accommodate the avoidance and
minimization requests. Currently I am waiting on USACE and DWR who did not provide comments previously and DMF
and WRC who asked for avoidance and minimization. If any comments of note come in I will pass them along.
Thanks,
Gregg
From: Bodnar, Gregg
Sent: Wednesday, July 7, 20218:57 AM
To:'John Delucia' <johnd@albemarleassociates.com>
Cc: 'Brian Rowe' <brian@weldenfieldva.com>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov>
Subject: RE: [External] FW: Rowe - Elevations
Morning all,
Checked in again about comments this morning. Hopefully I will hear back today with some feedback. If not I would
suggest by Friday to take off hold. You all have satisfied your end of the request.
Gregg
From: Bodnar, Gregg
Sent: Thursday, July 1, 2021 1:19 PM
To: John Delucia<fohndCaalbemarleassociates.com>
Cc: Brian Rowe <brian@weldenfieldva.com>
Subject: RE: [External] FW: Rowe - Elevations
I sent out the plans and asked for comments a few minutes ago. I will let you know what comes back. Let me know
when you want the project off applicant hold as well.
Thanks,
Gregg
From: John Delucia <iohnd@albemarleassociates.com>
Sent: Thursday, July 1, 20218:36 AM
To: Bodnar, Gregg <greae.bodnar(a)ncdenr.eov>
Cc: Brian Rowe <brian weldenfieldva.com>
Subject: [External] FW: Rowe - Elevations
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Gregg
Here is the revised elevation showing pergola on platform
Sincerely.
John
John M. DeLucia, PE
Vice President
Albemarle & Associates, Ltd.
JohndncAlbemarleAssociates.com
www.AlbemarleAssociates.com
PO Box 3989, Kill Devil Hills, NC 27948 (Mail)
115 West Saint Clair Street, Kill Devil Hills, NC 27948 (Street Address)
Ph 252-441-2113 Fax 252-441-0965
CONFIDENTIALITY NOTICE. This message, including any accompanying documents or attachments, may contain Information that is confidential or that is
privileged. If you are not the intended recipient of this message, please note that the dissemination, distribution, use or copying of this message or any of the
accompanying documents or attachments is strictly prohibited. If you believe that you may have received this message in error, please contact me at 252-441-
2113 or by return e-mail.
From: Kim Angus <kimaPalbemarleassociates.com>
Sent: Thursday, July 01, 20218:18 AM
To: John Delucia <iohnd albemarleassociates.com>
Subject: Rowe - Elevations
Kimberly C. Angus
Albemarle & Associates, LTD
115 W. St. Clair Street
PO Box 3989
Kill Devil Hills, NC 27948
(252) 441-2113
kima(olalbemarleassociates.com
The information contained in this email message and any attachments is confidential information intended only for the use of individuals or entities named above.
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F r
Bodnar, Gre
From: John Delucia <johnd@albemarleassociates.com>
Sent: Tuesday, June 29, 2021 4:10 PM
To: Bodnar, Gregg
Cc: Brian Rowe
Subject: [External] Sunset Bay LLC
Attachments: 08025B - CAMA 2021-06-24 s.pdf, 08025E - Ortho 2021-06-24.pdf, 08025E - ELEV
2021-06-24.pdf
Categories: Important
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Report Spam.
Gregg,
Here is a revised plan. We could not get a boat sling lift to fit due to the outboard piles, even with the reduced pier
width. Trying to make it fit made me have to move it east and to get into shallower water than the former location of
the elevator lift. The changes to this plan include reducing the width of the pier to 4' and slightly angling it near the
shore to align with the existing fence gate at the existing pier terminus. We removed the jet ski platforms and eliminated
the roof over the 10 x 14 platform. We still need to use an elevator lift to accommodate the boatlift. It did move about
11' further west and into slightly deeper water. I just don't see any other way to approach this.
Please let me know what the next steps are
Sincerely:
John
John M. DeLucia, PE
Vice President
Albemarle & Associates, Ltd.
Johnd AlbemarleAssociates.com
www.AlbemarleAssociates.com
PO Box 3989, Kill Devil Hills, NC 27948 (Mail)
115 West Saint Clair Street, Kill Devil Hills, NC 27948 (Street Address)
Ph 252-441-2113 Fax 252-441-0965
CONFIDENTIALITY NOTICE. This message, including any accompanying documents or attachments, may contain information that is confidential or that is
privileged. If you are not the intended recipient of this message, please note that the dissemination, distribution, use or copying of this message or any of the
accompanying documents or attachments is strictly prohibited. If you believe that you may have received this message in error, please contact me at 252-441-
2113 or by return e-mail.
From: Kim Angus <kima@albemarleassociates.com>
Sent: Thursday, June 24, 20214:28 PM
To: John Delucia <johnd@albemarleassociates.com>
Subject: ROWE
Here is the updated CAMA drawing with the 14K elevator, the Ortho with new layout and 2020 Ortho, and the
elevations showing the pier at 4', 1 did not change any other part of the details on the Elevations.
Kimberly C. Angus
Albemarle & Associates, LTD
115 W. St. Clair Street
PO Box 3989
Kill Devil Hills, NC 27948
(252) 441-2113
kima(&albemarleassociates.com
The information contained in this email message and any attachments is confidential information intended only for the use of individuals or entities named above.
If the reader of this message is not the intended recipient you are hereby notified that any dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this email in error, please notify us immediately by email at the originating address.
Bodnar, Gregg
From: John Delucia <johnd@albemarleassociates.com>
Sent: Wednesday, May 19, 2021 1:51 PM
To: Bodnar, Gregg
Subject: RE: [External] RE: Sunset Bay
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Call on my cell 252 202-2341
Sincerely.
John
John M. DeLucia, PE
Vice President
Albemarle & Associates, Ltd.
JohndfaMbemarleAssociates com
www.AlbemarleAssociates.com
PO Box 3989, Kill Devil Hills, NC 27948 (Mail)
115 West Saint Clair Street, Kill Devil Hills, NC 27948 (Street Address)
Ph 252-441-2113 Fax 252441-0965
tt?i
CONFIDENTIALITY NOTICE. This message, including any accompanying documents or attachments, may contain information that is confidential or that is
privileged. If you are not the intended recipient of this message, please note that the dissemination, distribution, use or copying of this message or any of the
accompanying documents or attachments is strictly prohibited. If you believe that you may have received this message in error, please contact me at 252-441-
2113 or by return e-mail.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Wednesday, May 19, 2021 1:36 PM
To: John Delucia <johnd@albemarleassociates.com>
Subject: RE: [External] RE: Sunset Bay
I'll give you a call.
Gregg
1
�.,.,n I ,�:a�M _.,1, h O � �'' �''"t�l ''}- ICJ t� %%7 —
>�—,
ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRAXTON DAVIS
Director
Albemarle and Associates Ltd.
John DeLucia
johnd@albemarleassociates.com
NORTH CAROLINA
Environmental Quality
May 24, 2021
P/44, """"
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Sunset
Bay LLC., in Dare County
Dear Mr. DeLucia:
This letter is in response to the above referenced CAMA Major Permit application, which was
accepted as complete by the Division's Elizabeth City office on March 8, 2021. Processing of the
application is ongoing. However, it has been determined that additional information will be
required prior to the Division taking final action on your application. The required item is
summarized below:
1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that,
prior to taking final action on a project of this nature, a Water Quality Certification for
the proposed development must first be approved by the Division of Water Resources
(NC DWR).
2) Comments were received from the NC Division of Marine Fisheries (NC DMF) and NC
Wildlife Resources Commission (NC WRC) detailing concerns with the proposed project
and direct and indirect impacts to submerged aquatic vegetation (SAV).
On May 19, 2021 the NC DWR placed the project on hold for potential impacts to SAV in
relation to the project as proposed and requested avoidance and minimization measures based on
resource agency comments. Please see the attachments within the email correspondence for the
hold notification from Nc DWR. Comments from the NC DMF and the NC WRC have been
previously provided.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557
pp�rownwe�awo+b 252.808.2806
� r
Therefore, it is necessary that processing of your permit application be placed in abeyance until
such time as the resource agency concerns are addressed, and final comments are received from
this office, and any and all required information is provided to the DWR, a Water Quality
Certification is issued for the project, and a copy of the approval supplied to this office.
In addition, the project was also extended as of today May 24, 2021. Please be aware that when
processing resumes the adjusted day provided will be the 150d' day.
If you have any questions concerning these matters, please feel free to contact me by telephone
at (252) 808-2808 extension 215, or by email at gregg.bodnar&ncdenr.gov.
Sincerely,
Gregg Bodnar
Division of Coastal Management
Assistant Major Permits Coordinator
CC:
DCM Elizabeth City
�FQ North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808
Bodnar, Gre
From: Bodnar, Gregg
Sent: Monday, May 24, 2021 8:44 AM
To: John Delucia
Cc: Pullinger, Robert C; Renaldi, Ronald; Godfrey, Ella M; Harrison, James A; Dunn, Maria T.
Subject: Sunset Bay LLC hold
Attachments: Sunset Bay LLC (On Hold).pdf; 2021-0250 Sunset Bay LLC Hold Letter.pdf
Morning John,
Please see above for the DCM hold letter and the corresponding DWR hold letter. With our talk on Friday
please let me know how the discussion with Mr. Rowe goes and we can begin coordinating with the agencies. FYI also I
extended the project as of today so when the project comes off hold the adjusted day will be the 150`h. I combined the
hold letter and the extension notice.
Thanks as always,
Gregg
E,. ezP•GVYgP:aD
v dtoeiarmnC>;QuW
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 28M ext 21S (Office)
Greaa.Bodnargncdenr.
Email carrrapondeace to and from this address Is subject to the
North Carolina public Records taw and may be disclosed to third parties.
Bodnar, Gre
From: John Delucia <johnd@albemarleassociates.com>
Sent: Wednesday, May 26, 2021 4:43 PM
To: Bodnar, Gregg
Cc: Pullinger, Robert Q Renaldi, Ronald; Godfrey, Ella M; Harrison, James A; Dunn, Maria T.;
Brian Rowe
Subject: [External] RE: Sunset Bay LLC hold
CAUTION: External email.: Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Scam.
Gregg,
I have spoken to my client and we have discussed the concerns that have been identified. My client is willing to reduce
the pier width to 4 feet and to construct the gazebo with a pergola roof as requested. We will also eliminate the two
jet ski platforms and just use a swing lift for the four PWC's without any platforms below. We will consider using a sling
lift instead of the elevator lift for the boat lift. I will also look at elevating the pier another 6" or so to further reduce
potential shading of the SAV's
I am not sure we can get all boating elements into water depths greater than 2' but we will try to get the boat lift into
deeper water as far as we can with the riparian setbacks.
If these changes are acceptable to the various agencies, I will modify the plan and get it back to you sometime early next
week
I hope that you have a great Memorial Day and just let me know how to proceed.
Sincerely:
John
John M. DeLucia, PE
Vice President
Albemarle & Associates, Ltd.
Johndfa7AlbemarleAssociateS com
www.AlbemarleAssociates.com
PO Box 3989, Kill Devil Hills, NC 27948 (Mail)
115 West Saint Clair Street, Kill Devil Hills, NC 27948 (Street Address)
Ph 252441-2113 Fax 252-441-0965
CONFIDENTIALITY NOTICE. This message, including any accompanying documents or attachments, may contain information that is confidential or that is
privileged. If you are not the intended recipient of this message, please note that the dissemination, distribution, use or copying of this message or any of the
accompanying documents or attachments is strictly prohibited. If you believe that you may have received this message in error, please contact me at 252-441-
2113 or by return e-mail.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Monday, May 24, 20218:44 AM
To: John Delucia <johnd@albemarleassociates.com>
Cc: Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Godfrey, Ella M
<EIIa.Godfrey@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T.
<maria.dunn@ncwildlife.org>
Subject: Sunset Bay LLC hold
Morning John,
Please see above for the DCM hold letter and the corresponding DWR hold letter. With our talk on Friday
please let me know how the discussion with Mr. Rowe goes and we can begin coordinating with the agencies. FYI also I
extended the project as of today so when the project comes off hold the adjusted day will be the 150`h. I combined the
hold letter and the extension notice.
Thanks as always,
Gregg
6�:si9+ux141 rmixmR.N au,:fe\ �/`/
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
2S28082808ex 2Y5 (Office)
Greaa.Bodnar0ncdenr_ _aov
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
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Sunset Bay, LLC c/o Brian Rowe
2. LOCATION OF PROJECT SITE: 3132 Bay Drive, Lot #132 within the Moor Shores
s/d, Kill Devil Hills, Dare County, adjacent to Kitty Hawk Bay.
Lat/Long:36.0475900 N,-75.6903240 W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/22/2020; 6/26/2020; 7/9/2020
Was Applicant Present — no; no; yes
5. PROCESSING PROCEDURE: Application Received Complete — 3/8/2021
Office — Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Kill Devil Hills
Land Classification From LUP — Single -Family Residential
(B) AEC(s) Involved: Estuarine Waters (EW) & Public Trust Area (PTA)
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - N/A
(F) Type of Structures: Existing - Single-family dwelling, retaining walls, inground
swimming pool w/ patio, concrete driveway,
bulkhead, riprap revetment, pier and platform.
Planned - Construction of a new pier w/ one elevator
boatlift, 4 spinner PWC lifts on bump out
platforms and a covered gazebo platform.
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Shallow Bottom PTA, EW AEC's
±2,038 ft2 shaded
±78 ft2 disturbed
(C) Other
(D) Total Area Disturbed: ±2,116 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SC Open to Shellfishing: No
8. PROJECT SUMMARY: The applicant proposes to remove an existing ±110' long pier
& platform and then construct a new ±310' long pier with water access stairs, four
spinner PWC lifts on two bump -out platforms, an elevator style boatlift and IiIEA&CeNUD
gazebo platform.
MAR 16 2021
DCM-MHD CITY
Sunset Bay, LLC c/o Brian Rowe
Field Investigation Report
Page 2
Protect Setting
The site of the proposed development is located at 3132 Bay Drive, Lot #132 within the Moor
Shores subdivision, Kill Devil Hills, Dare County, and is adjacent to Kitty Hawk Bay.
The property is ±14,196.5 ft2 (0.33 acres) in size and elevations range from ±0' along a riprap
and bulkheaded shoreline to ±6' above NWL within the highground area near Bay Drive. Man-
made features in the highground area include a single-family dwelling, retaining walls, an
inground pool with a hot tub & concrete patio, as well as a cement driveway and parking area.
Vegetation within this area includes yard grasses and ornamental bushes. Based on available
information, no archaeological sites are on or near this property.
The properties shoreline is 58.4' in length, runs generally north & south, and has been
hardened with vinyl bulkheading and riprap. A ±180 ft2 isolated coastal wetland patch
comprised of black needlerush (Juncus reomerianus) is located approximately 20' waterward of
normal water level (NWL) along the northern riparian corridor line. Additionally, an existing
±100'x6' pier with a 12'x8' platform extends westward into Kitty Hawk Bay.
The adjacent riparian property to the south is similarly developed with a single-family dwelling,
bulkheaded shoreline and pier. The adjacent riparian property to the north is owned by the
Town of Kill Devil hills and is an undeveloped community water access site.
Kitty Hawk Bay is classified as Joint Waters by agreement with the Marine Fisheries
Commission and Wildlife Resources Commission. The Division of Environmental
Management's water quality classification for the Kitty Hawk Bay is SC and it is permanently
closed to shellfish taking. Water depths within the near shore area are ±0.5' below NWL and
gradually reach a depth of 2' below NWL approximately 230' waterward of NWL. Depths then
begin to deepen more quickly with a T contour located approximately 270' waterward of NWL,
a 4' contour located approximately 310' waterward of NWL and a 5' contour located
approximately 360' waterward of NWL. The bottom substrate is firm and made up of fine sands.
The open water fetch to the southwest of the site ranges from ±1 mile to ±19 miles.
A dense bed of Submerged Aquatic Vegetation (SAV) is present within and adjacent to the
project site. The SAV begins to grow ±30'waterward of NWL and extends to the 5' water depth
contour where it abruptly ends. SAV observed was primarily widgeon grass (Ruppia maritima)
with small densities of coontail (Ceratophyllym demersum).
Development Proposal
The applicant proposes to remove the existing pier & platform and then construct a ±310' pier.
The proposed pier width will be 6' wide for the first 210' and then decrease to 4' in width for the
remaining 100'. A roofed 10'x14' gazebo will be located ±115' waterward of NWL along the
north side of the pier where water depths are ±1.5' below NWL. Approximately 14' beyond the
gazebo will be a 22.5'x5.3' bump out platform with two PWC spinner lifts. A 13'x6' elevatorstyle
boat lift will be installed ±10' beyond the bump -out platform within water depths that are ±1.75'
below NWL An additional 22.5'x5.3' bump -out platform with two PWC spfRr 1frs"k vill be
located ±24' beyond the elevator lift.
MAR 16 2021
DCM-MHD CITY
Sunset Bay, LLC Go Brian Rowe
Field Investigation Report
Page $
Water depths within the project area range from several inches near shore to ±3.8' below NWL
at the end of the proposed pier length. An SAV survey was conducted at the project site in April
2020 that found that SAV density was high (90% coverage) from ±30' offshore to ±210' beyond
NWL and then thinned out in deeper waters. A DCM site assessment conducted in late June
found that SAV density had increased in coverage (estimated at 80-90%) all the way to the 5'
depth contour located ±365' waterward of NWL.
The proposed project has been designed to remain outside of the 15' riparian corridor setback
area due to both adjacent riparian owner's unwillingness to waive the setback. The riparian
corridor lines displayed on the site plans were determined by DCM staff to provide the best
riparian corridor apportionment for this shoreline. The proposed pier meets the 'Y4 width
limitation and a pier of similar length is located ±650 to the south.
Anticipated Impacts
• The proposed pier and platforms will result the shading of±2,038 ft2 of Estuarine Waters and
Public Trust Area AEC's.
• The proposed pier and platforms will result the shading of ±2,038 ft2 of dense SAV.
• The proposed 13'x6' elevator lift may result in ±78 ft2 of additional SAV impacts.
Submitted by: Ron Renaldi
Date: 3/12/2021
RECEIVED
MAR 16 2021
DCM-MHD CITY
IF -
I] Ibemarle
& ASSOCIATES, LTD_
Sunset Bay LLC
3132 Bay Drive, Kill Devil Hills, NC
Pier Replacement Narrative
RECEIVED
MAR 0 0 2M
DCM-EC
The property owners are seeking permits to remove the existing pier and to replace it
with a new pier that is 6' wide for 210 feet and 4' wide for 99.7' terminating in steps
down into the water. The pier will be 48" above NWL and will begin at the face of the
existing bulkhead. The pier is planned to have four Jet Ski davits; one open run -about
elevator boat lift. The pier is planned to include at a 10' x 14' covered gazebo. There will
be two 22.5' x 5.3' platforms beneath each set of jet skis. The current water dept at the
end of the planned pier is approximately 3.8'. A SAV survey was performed by Mr.
George Wood and his findings are shown on the plan. All improvements are within the
owners Riparian corridor and no portions of the proposed improvements are within the
15' setbacks. 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.
Planning - Surveying - Engineering - Environmental - Construction Management -RECEIVED
P.O. Box 3989, 115 W Saint Clair St., Kill Devil Hills, North Carolina 27948
North Carolina License No. C-1027
Phone: 252-441-2113 w .AlbemarleAssociates.com Fax: 252-441-0965
MAR 16 2021
L)Cf0-MHD CITY
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
RECEIVED
APPLICANT: Sunset Bay, LLC do Brian Rowe COUNTY: Dare
PROJECT NAME: Pier Replacement
LOCATION OF PROJECT: 3132 Bay Drive; Kill Devil Hills
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-8-21
FIELD RECOMMENDATION: Attached: No
To Be Forwarded: Yes
MAR 16 2021
DCM-MHD CITY
FIELD REPRESENTATIVE: Ronald Re DISTRICT OFFICE: EUzabeth City
DISTRICT MANAGER REVIEW: Date 3/ i S I a t
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: S yeo rM a)
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE RECD: 3-17-21 END OF NOTICE DATE: 4-6-21
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE : S- -21
HOLDS: 5�1�2( —7 9(L(
EMAIL OUT DATE: 3-16-21
PERMIT FINAL ACTION: ISSUE DENY
DEED REC'D: Yes
I50 DAY DEADLINE: S Z ( 712--1/z-
STATE DUE DATE: 4-6-21
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM — Field Rep
`93 L
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
S (9
Lt 114f I
DWR—Public Water Supply
DEMLR — Stormwater
/ lK Z
510 • f
DEMLR — Sod and Erosion
I L
l
DOA —State Property Office
K
4
Wildlife Resources Commission
��I(t(Z1
DMF— Shellfish Section
��5
DMF — Habitat & Enhancement
1
lSSaS S
DNCR — Archives & History
ti
k
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
4 AV -
ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRAXTON DAVIS
Director
TO:
NORTH CAROLINA
Enytronmentol Quality
MEMORANDUM
Gregg Bodnar, Assistant Major Permits Coordinator
THROUGH: Ron Renaldi, District Manager R A • Q.
DATE: April 28, 2021
RECEIVED
IF 3
.hPfl a4 2021
MP SECTION MHD
SUBJECT: Sunset Bay, LLC c/o Brian Rowe Major Permit Recommendations
The applicant proposes to remove an existing t110' long pier & platform and then construct a
new ±310' long pier with water access stairs, four spinner PWC lifts on two bump -out platforms,
an elevator style boatlift and a covered gazebo platform.
The site of the proposed development is located at 3132 Bay Drive, Lot #132 within the Moor
Shores subdivision, Kill Devil Hills, Dare County, and is adjacent to Kitty Hawk Bay.
The development proposal involves the Estuarine Waters (EW) & Public Trust Area (PTA)
Areas of Environmental Concern (AEC's).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this
project and my findings are as follows:
1 SA NCAC 07H.0208 Use Standards
Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are
not water dependent within the EW and PTA and lists uses that may be considered water
dependent.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the
construction activities involved shall be consistent with the management objective of the
Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse
impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds,
submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning
and nursery areas.
Consistent: The development is proposed within an area of Kitty Hawk Bay that has large
& dense growths of SAV. Because of this, the proposed docking facility cannot avoid
impacting the SAV beds unless it was 30' or less in length, which would not allow the
docking of jetski's or other vessels due to very shallow water depths. The applicant has
designed the facility so that platform shading for seating and storing of jetski's is minimal.
The properties adjacent to the site also have docking facilities of varying sizes, so the
request i ting development.
RZE
.ys North Carolina Department of Environmental Quality I DMsionof Coastal Management
•/ ElizabethCtty Office 1 401 South GriffinStreet, Suite 300 1 Elizabeth City, No th Carolina 27909
,�`., q 1 �� 252.264.3901
RECEIVEO� `
Gregg Bodnar, Assistant Major Permits Coordinator O&Y 3
Sunset Bay, LLC c/o Brian Rowe Major Permit Recommendations ARR--2,$r2021
April 28, 2021
Page 2
MP SECTION MHD
Paragraph (a)(2)(B) states that development shall comply with state and federal water and air
quality standards.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented
archaeological or historic resources as identified by the N.C. Department of Cultural Resources.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(D) states that development shall not increase siltation.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(E) states that development shall not create stagnant water bodies.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts
on life cycles of estuarine and ocean resources.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for
navigation or for other public trust rights in public trust areas including estuarine waters.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (6) Piers and Docking
Facilities pertains to this project, and those subparagraphs not listed are not applicable to this
project.
Paragraph (6) Piers and Docking Facilities
Subparagraph (6)(A) states that piers shall not exceed six feet in width. Piers greater than six
feet in width shall be permitted only if the greater width is necessary for safe use, to improve
public access, or to support a water dependent use that cannot otherwise occur.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (6)(B) states that the total square footage of shaded impact for docks and mooring
facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a
maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips
shall not be counted in the total. Projects requiring dimensions greater than those stated in this
Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve
public access, or to support a water dependent use that cannot otherwise occur. Size restrictions
do not apply to marinas.
Gregg Bodnar, Assistant Major Permits Coordinator
Sunset Bay, LLC c/o Brian Rowe Major Permit Recommendations
April 28, 2021
Page 3
Consistent: The applicant's shoreline is 58.4' in length providing 467 ft2 of allowable
shading. Total proposed shading excluding the pier section equals 378.5 ft'.
Subparagraph (6)(C) states that piers and docking facilities over coastal wetlands shall be no
wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as
measured from the bottom of the decking.
Consistent: The proposed development will not impact coastal wetland areas.
Subparagraph (6)(E) states that the total area enclosed by an individual boat lift shall not exceed
400 square feet except to accommodate a documented need for a larger boat lift.
Consistent: The proposed boatlift is 13'x6' or 78 ft2.
Subparagraph (6)(F) states that piers and docking facilities shall be single story. They may be
roofed but shall not be designed to allow second story use.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (6)(G) states that pier and docking facility length shall be limited by:
(i) not extending beyond the established pier or docking facility length along the same shoreline
for similar use; (This restriction does not apply to piers 100 feet or less in length unless
necessary to avoid unreasonable interference with navigation or other uses of the waters by the
public);
Consistent: The proposed development is consistent with the intent of this rule.
(ii) not extending into the channel portion of the water body;
Consistent: The proposed development is consistent with the intent of this rule.
(iii) not extending more than one-fourth the width of a natural water body, or human -made canal
or basin. Measurements to determine widths of the water body, canals or basins shall be made
from the waterward edge of any coastal wetland vegetation that borders the water body. The
one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or
a local government in consultation with the Corps of Engineers, has established an official
pier -head line. The one-fourth length limitation does not apply when the proposed pier is located
between longer piers or docking facilities within 200 feet of the applicant's property. However,
the proposed pier or docking facility shall not be longer than the pier head line established by the
adjacent piers or docking facilities, nor longer than one-third the width of the water body.
rt^ 0 q
Consistent: The proposed development is consistent with the intent of this rule." ��r^
��X 2021
LIP SECTION MHD �
. -M6. �
Gregg Bodnar, Assistant Major Permits Coordinator
Sunset Bay, LLC c/o Brian Rowe Major Permit Recommendations
April 28, 2021
Page 4
Subparagraph (6)(I) states that piers and docking facilities shall not interfere with the access to
any riparian property and shall have a minimum setback of 15 feet between any part of the pier
or docking facility and the adjacent property owner's areas of riparian access.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (6)(J) states that applicants for authorization to construct a pier or docking facility
shall provide notice of the permit application to the owner of any part of a shellfish franchise or
lease over which the proposed dock or pier would extend. The applicant shall allow the lease
holder the opportunity to mark a navigation route from the pier to the edge of the lease.
Consistent: The waters of the project area are closed to shellfish taking.
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application and plans, I recommend a permit be issued to Sunset Bay, LLC c/o Brian
Rowe for the development as proposed. I also recommend that a condition be placed on the
permit that an as -built survey be provided after completion to verify that the docking facility
does not infringe on the 15' setback areas.
RECEIVED
KY 1
. � 2� 2021
MP SECTION MHD
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretory
BRAXTON DAVIS,
Dimefor
March 16, 2011
MEMORANDUM:
FROM:.
SUBJECT:
Applicant:
Project:Location:
Proposed Project:
Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave„ Morehead City, NC28557
Fax: 252-247-3330 {Courier 04-16-33)
gr�B�.bad(�Cn7,}tctleiir.pav:
CAMA Application Review
Sunset Bay, LLC
3132 Bay Drive, Kill Devil Hills
Construct pier, PWC IHts, boatlift and covered gazebo ptatforin
Please indicate below your agency's position or viewpoint on the proposed project and
retunrthls loan to Gretydr Bodnar at the. address above by April 6, 2021. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth
comments with supporting data is requested..
tcorL.T: - I nis agency hasno objection to theproject as proposed.
/ *"Additionatcomments 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 tne.project for reasons described in the attached
r comments.
/� /
PRINTNAME
AGENCY 'IC W4� r �u OI V sefloh RECEIVED
/
'SIGNATURE _�e � �r ✓ -
DATE 3' 17- �(/� MAR 18 2.021
F0P Z'SECTEON MH®
North Carolina Department of Environmental Quality I Division ofCoastutManagement
o dizabethetyQfHce 1 401 South Griffin Street, Suite3001 Elizabeth City, North Carolina 27909
252.2643901
ROY COOPER
Gwr w
DIONNE DELLI-CATTI .
Secretary
BRAXTON DAMS
Mtr[ r
March 16, 2021
MEMORAPIDUM.'
NORTH CAROLINA
Envlrantnrnroi Quality
FROM; Gregg Bodnar, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16.33)
9T_§.99Jzs4t4J. r ncd-IlG.go!'
SUBJECT: CAMA Appliealton Review
Applicant: Sunset Bay, LLC
Project Location: 3132 Bay Drive, Kill Devil Hills
Proposed Project: Construct pier, PWC lifts, boatiift and covered gazebo platform
Please indicate below your agency's position or viewpoint on the proposed project and
Mum this form to Gmgq Bodnar at the address above by April6, 2021. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth
comments with supporting data is requested.
EPLY: This agency has no objection to the project as
"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 Lee Padrick
AGENCY NC Commerce
SIGNATURE ;�X p
DATE
3-16-21
MAR 1 6 2021
North Carolina Mpmie E of rrnircmmrntal Quality I DivlsiDn •sr caautul PlanagrnxM
,a, ONINth Chy Office 1401 South Griffin Suite 3001 Elizatmth Chy.Norih Carolina2r909
n "rMi tc.o..,vwm, 252I.64.3401
Bodnar, Gregg
From: Thorpe, Roger
Sent: Wednesday, March 24, 2021 10:30 AM
To: Bodnar, Gregg
Subject: CAMA Major - Sunset Bay, LLC Pier, PWC lifts, boatlift and gazebo, Dare County
Gregg
The subject project located at 3132 Bay Drive, KDH, NC 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. tho roeon cden r. g ov
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
D,E Qi'
rn
OMMM1uM M F1GIg1I111N1ii1 qualilV
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
Gdanar
DIONNE DELu-GA7ri
swrlsy -
BRAXTON DAVIS
WnW
March 16,2021
AfEVORAND
FROM: Gregg Bodnar, -Assistarit Major permits Coordinator
RCDEQ - Divislon-ofCcastal Management
400 d6mmerce Ave:, Morehead City NC 28557
Fax 252-247-3330 (Cbuljerooii-lj-�
SUBJECT* CAMA Application Review
Appacant Sunset Bay, LLC
Project Location: 3132 Bay Drive,.Kill Devil Hills
Proposed Project: CoOstructolor, PWC lifts, boatlift.and covered.gaizAb.o.platform
Please Indicate below your agency's positfion.or viewpoint on the proposed project and
E 'um this
"i"n'to Bodnar at the address above by April #,' 2021. If you have any questionsregardiWg the proposed project, contact Ron Renaldi(252-264oz;901, exL 235) when appropriate,: in-depth
comments with supporting data is requested,.
i nis agency nas no objectic
"Additional cornments..may
This agency has no comment on the proposed project,
This agency apprb%(es of the project only if the recommended
ad changes
are incorporated. See attached.
This agency objects to the. project for reasons descrlbad in the attached
X, comments.
PRINT NAME: -44J-,xjaA-oN OAST
AGENCY IJ-40 9-5� 0 en:b
SIGNATURE
DATE
RECEIVED
APR 1 2021
MP SECTION MHD
D,EQ EhabethQyWce I 40IScuthG4nStreetSuit�300 I
� 2S22&43901
ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
MEMORANDUM
TO: Gregg Bodnar, Major Permits Processing Coordinator APR 1 2021
Division of Coastal Management
FROM: Charlan Owen ICP, NE District Planner MP SECTION MHD
Division of CoItal Management
SUBJECT: Major Permit Request by Sunset Bay, LLC c/o Brian Rowe to remove an existing
pier and platform and install a 6 foot wide by 210 foot long pier transitioning to a 4
foot wide by 100 foot long pier with terminus steps, a 10 foot by 14 foot covered
gazebo, two (2) 5.3 foot by 22.5 foot platforms with two (2) PWC spinner lifts each,
and a 6 foot by 13 foot elevator boat lift on Kitty Hawk Bay; at 3132 Bay Drive, in
the Moor Shores subdivision, in the Town of Kill Devil Hills.
DATE: April 1, 2021
Consistency Determination: The request is consistent with/not in conflict with the Town of Kill
Devil Hills CAMA Land Use Plan Update certified by the CRC on
November 2, 2020.
Overview: The .33 acre (14,197 sq. ft.) subject property has 58 linear feet of shoreline along the
Kitty Hawk Bay. Water depths range from .5 foot to 4 feet below Normal Water Level (NWL)
between the shoreline and a distance of 310 feet from shore. A 180 sq. ft. isolated Coastal
Wetland area is located approximately 20 feet waterward of NWL along the norther riparian
corridor line. A dense bed of Submerged Aquatic Vegetation (SAV) is located 30 feet waterward
of the site and extends to 360 feet waterward of the site. Site elevations range from 0 feet above
NWL at the shoreline to greater than 6 feet above NWL in the high ground areas. The site is
vegetated with lawn grasses and ornamental bushes. The western portion of the property is in
the AE (5) Floodzone with the remainder located outside of a Floodzone.
Existing site improvements consist of a single-family house, an in -ground pool with hot tub and
concrete patio, a cement driveway and patio, fence, and retaining walls. Existing shoreline
improvements consist of vinyl bulkhead and riprap along the shoreline and a 6 foot wide by 110
foot long pier with a 12 foot by 8 foot terminus platform.
Removal of the existing pier and platform and installation of a 6 foot wide by 210 foot long pier
transitioning to a 4 foot wide by 100 foot long pier with terminus steps, a 10 foot by 14 foot covered
gazebo, two (2) 5.3 foot by 22.5 foot platforms with two (2) PWC spinner lifts each, and a 6 foot
by 13 foot elevator boat lift are proposed.
D_EQ North Carolina Department of Environmental Quality I Division of Coastal Management
~% Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481
Wilmington Office 1127 Cardlml Drive Extension I Wilmington, North Carolina 28405 1910.796.7215
mN � ' Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1252.808.2808
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 1252264,3901
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 2
The waters of Kitty Hawk Bay in this area are classified as SC and Joint Waters and are
permanently closed to shellfish taking. A review of historic resources was not provided. No
archaeological resources sites are on or near this property.
Anticipated impacts resulting from this project are expected to include: the shading of 2,038 sq.
ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC), and; the
disturbance of 78 sq. ft. of Public Trust Area/Estuarine Waters AEC.
No Coastal Wetland impacts are proposed.
Basis for Determination:
Proposed work will occur on Kitty Hawk Bay, which is not designated on the Future Land Use
Map.
The following LUP policies may also be applicable to this request.
Public Access:
P.1, Page 6-6.
"The Town supports the provision of access to the shoreline for
residents and visitors of Kill Devil Hills, including persons with
disabilities."
Land Use Compatibility:
P.15, Page 6-8
"The Town, through the implementation of the plan, supports
growth and development in a manner that will promote economic
development while protecting the Town's fragile and natural
resources."
Natural Hazards:
P.26, Page 6-11.
"The Town supports the guidelines of the Coastal Area Management
Act (CAMA) and the associated policies of the Coastal Resources
Commission (CRC) but reserves the right to oppose specific sections
of the CAMA and proposed rules or rule changes..."
RECEIVED
APR 1 2021
NAP SECTION MH®
ROY COOPER
Govemor
DIONNE DELLI-CATTI
Secretary
BRAXTON DAVIS
Director
March 16, 2021
MEMORANDUM:
NORTH CAROLINA
EnvtronmentarQua/ity
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave„ Morehead City, NC 28557
Fax: 252-247-3330 (Courier"16-33)
grggg.hodnar-Oncd enr_gov
SUBJECT. CAMA Application Review
Applicant: Sunset Bay, LLC
Project Location: 3132 Bay Drive, Kill Devil Hills
Proposed Project: Construct pier, PWC lifts, boatlitt and covered gazebo platform
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by April 6, 2021. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext 235) 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 for Shannon Jenkins
DATE 4/1/2021
APR 5 2021
1UP SECTION MHO
® North Carolina Department ofEmironmental Quality I Division of Coastal Management
aizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
252.2643901
ROY COOPER
Governor
DIONNE DELLFGATTI
sernraty
BRAXTON DAVIS
Doecror
March 16, 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)
r0�c,5tl7nrtiDnccl_ r. _nr.n_ov
SUBJECT: CAMA Application Review
Applicant: Sunset Bay, LLC
Project Location: 3132 Bay Drive, Kill Devil Hills
Proposed Project: Construct pier, PWC lifts, boatli t and covered gazebo platform
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gn.0 Bodnar at the address above by April 6, 2021. If you have any questions
regarding the proposed project, contact Ran Renaldi (252-264-3901, ext. 235) when appropriate, in-depth
comments with suppord 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.
PRINTNAME ` zk IP
AGENCY(L12.
SIGNATURE— -
DATE Z(A/ Zil
RECEIVE®
APR 6 2021
North Carolina Department of Environn;ental Quality I Division of Coastal Management
/p/' Elizabeth City Office 1401South Gruen StreeL Suite 3001 Elizabeth City. North Carolina 27909
d..w..,...,..:, "\ ,®`� 252.264.3901
Received: 03/25/2021
State Historic Preservation Office
ROY COOPER
Govemar
DIONNE DELLI-GATTI
Secretary
BRAXTON DAVIS
Director
March 16, 2021
MEMORANDUM:
NORTH CAROLINA
Envfronmentaf Quallry
ER 21-0748
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Couder04.16-33)
gregg.b odnarancdenngov
SUBJECT: CAMA Application Review
Applicant: Sunset Bay, LLC
Project Location: 3132 Bay Drive, Kill Devil Hills
Due: 4/5/2021
NC -NCH
3/31/2021
Proposed Project: Construct pier, PWC lifts, boatlift and covered gazebo platform
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grean Bodnar at the address above by April 6, 2021. if you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, exL 235) when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
x This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY Historic Preservation Office
"1
SIGNATURE
DATE 4/6/2021
APR 6 2021
MP SECTION R-QHD
North Carolina Department of rnvironmental Quality I Division of Coastal Management
_E Elizabeth Oty Offke 1 401 South GrlffinStreet, Suite 3001 Elizabeth City. North Carolina 27909
2527643901
ROY COOPER
Governor
DIONNE DELLI-GATTI
5erretary
BRAXTON DAVIS
Dlrec
March 16, 2021
MEMORANDUM;
T6 �r� M1 ,off
I"
4 � d
� Wub
NORTH CAROLINA
EnvlronmentalQualiry
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)
gLgg hoduar0ncdenr gov
SUBJECT: CAMA Application Review
Applicant: Sunset Bay, LLC
Project Location: 3132 Bay Drive, Kill Devil Hills
Proposed Project: Construct pier, PWC lifts, boatlift and covered gazebo platform
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greau Bodnar at the address above by April 6, 2021. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext 235) 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
tSNa 5 comments.
ilp Qtrapos"
PRINT NAME w0.rd2 is 1kb ki.1
AGENCY �C0.#a, PAwp_tt��� M �EIVE®
SIGNATURE ll aAuom- JJ&j&j0AoL— APR 6 2021
DATE Q� 51 2 o i I
MP SECTION M3 D
North Carolina Department of Environmental Quality I Division of Coastal Management
a, Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
Amm&x —N, � 25ZZ643901
Bodnar, Gregg
From:
Dunn, Maria T.
Sent:
Friday, July 16, 2021 2:40 PM
To:
Bodnar, Gregg; Harrison, James A; Pullinger, Robert Q Martin, Tina R; 'Pelletier, Josh R
CIV CESAW CESAD (USA)'
Cc:
Renaldi, Ronald
Subject:
RE: Sunset Bay revised workplans
G regg,
NCWRC has reviewed the revised plans circulated on 7/1/2021. While the structure will still impose impacts to aquatic
resources, such as SAV and other shallow water habitats, the concerns raised by our agency have been addressed to the
greatest extent practicable. The removal of the gazebo roof, removal of the PWC platforms, and repositioning of the
boat slip have reduced shading impacts and placed the boat slip in as deep water as possible. The presence of an existing
structure, the constraints of riparian lines, and the reduction of impacts have allowed us to come to this conclusion.
We greatly appreciate the cooperation from the applicant and all the coordination during the review of this application.
Please do not hesitate to call or email if I can be of additional assistance.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
www.ncwildlife.org
Email correspondence to and from this sender iF soeox.f to the N.C. Hablu. Record, I_aw and may be disclosed to thud parties.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Friday, July 9, 2021 10:06 AM
To: Harrison, James A <James.Harrison@ncdenr.gov>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Martin, Tina R
<Tina.Martin@ncdenr.gov>; 'Pelletier, Josh R CIV CESAW CESAD (USA)' <Josh.R.Pelletier@usace.army.mil>; Dunn, Maria
T. <maria.dunn@ncwildlife.org>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>
Subject: RE: Sunset Bay revised workplans
Morning all,
With no additional comments form the revised plans circulated on 7/1/21 the project has been taken of hold and those
workplans circulated on 7/1 are now the project as proposed.
ROY COOPER
Coven or
DIONNE DEW-GATTI
Secrermy
BRAXTON DAVIS
DueR
March 16, 2021
MEMORARIDUM
C_ -21.b3.IL.-01
NORTH CAROLINA
Envfmiunealnl Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier04-9&33)
�t•err�bndn•_, Cal c e .an
SUBJECT: CAMA Application Review
Applicant: Sunset Bay, LLC
Project Location: 3132 Bay Drive, Kill Devil Hills
Proposed Project: Construct pier, PWC lifts, boatlift and covered gazebo platform
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greoa Bodnar at the address above by April 6, 2021. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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_f\/�pnG. I . J ,unn
AGENCY
SIGNATURE
DATE r7 1 -202
4-Pkj�a rw�.
MAY 1 4 2021
[VIP SECTION MHD
North Carolina Department orEnvironmcnial Qualty I Division ofCuastat Management t`�a'.•_„t �Q/)) Elizabeth City Office 1401souttiGriffinStmet,Sulte300 I Elizabeth CibL North Carolina 27909
257264,3901
•"Inh. It
North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
MEMORANDUM RECEIVED
TO: Gregg Bodnar
Division of Coastal Management AY 1 2021
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator ` UP SECTION M H D
Habitat Conservation Division
DATE: May 14, 2021
SUBJECT: CAMA Dredge/Fill Permit Application for Sunset Bay LLC, Dare County, North
Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 3132 Bay
Drive in Kill Devil Hills within Kitty Hawk Bay. Oar comments are provided in accordance with
provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended,
Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to remove an existing private pier and replace it with a 310' private pier. The fast
210' would be 6' wide, narrowing to 4' wide for the remaining 100'. A roofed 10' by 14' gazebo would
be positioned at 115' waterward the shore at water depths of -1.5' NWL. Approximately 14' beyond the
gazebo a 22.5' by 5.3' bumpout would be constructed with two PWC spinner lifts. A 13' by 6' elevator
lift would then be installed 10' beyond the initial spinner lifts at -1.75' NWL. Approximately 24' past the
elevator lift would be another 22.5' by 5.3' bumpout housing two more PWC spinner lifts, to create a
total of four PWC spinner lifts. A submerged aquatic vegetation (SAV) survey was conducted and found
SAV coverage to extend to the -5' NWL area, with high density (90%) coverage consisting of mainly of
native widgeon grass (Ruppia mantima) and small densities of coontail (Cerato&41ym demersum). Kitty
Hawk Bay at this location is classified SC by the Environmental Management Commission.
The NCWRC has reviewed the permit application and does not believe the project should proceed as
proposed. Currently the design of the docking facility lends itself to direct, indirect, and chronic impacts
to SAV. impacts to SAV therefore would impact habitat opportunities for numerous aquatic species as
well as foraging opportunities for migratory waterfowl. The Coastal Habitat Protection Plan (CHPP) is
state of North Carolina produced document recognized by the Coastal Resources, Environmental
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919)707-0220 • Fax: (919)707-0028
Page 2
Resources, and Marine Resources Commissions within the NC Department of Environmental Quality.
The CHPP is used as a resource and guide to assist these Commissions in the development of goals and
recommendations for the continued protection and enhancement of fishery habitats of North Carolina.
One of the most revered habitat resources within this document is SAV. It details how the studying,
monitoring, protection, and even restoration of this resource should be a priority for North Carolina As a
result of this and other similar documents, numerous state and federal agencies have designed rules and
regulations to minimize impacts to this resource to the greatest extent possible.
Therefore, the NCWRC recommends changes be made to the docking facility design to minimize direct,
indirect, and chronic disturbance to SAV and shallow water habitats from shading, vessel dockage, and
ingress/egress from the facility. Recommendations include but may not be limited to minimizing the
structure footprint to reduce SAV shading, the removal of any slips in water depths less than -2' NWL,
and the use of sling lifts rather than elevator lifts within appropriate water depths. The incorporation of
these changes would significantly reduce the impacts this private facility would have on SAV. If it is
determined a permit to remove the existing pier or construct a new pier with modifications can be issued,
we support the April 1 — September 30 in -water moratorium recommended by the NC Division of Marine
Fisheries to minimize direct construction impacts to SAV during the growing season.
The NCWRC appreciates the opportunity to review and comment on this permit application. If you need
further assistance or additional information, please contact me at (252) 948-3916 or at
maria.dunn( newildlifc ore
REECEIYE®
M AY 1 4 2021
PAP SECTION M.1-7)
Bodnar, Gregg
From:
Harrison, James A
Sent:
Friday, July 16, 2021 3:02 PM
To:
Dunn, Maria T., Bodnar, Gregg; Pullinger, Robert C; Martin, Tina R; 'Pelletier, Josh R CIV
CESAW CESAD (USA)'
Cc:
Renaldi, Ronald
Subject:
Re: Sunset Bay revised workplans
Good afternoon Gregg,
DMF has reviewed the updated plans and information provided on July 1 for the Sunset Bay CAMA permit
application. DMF acknowledges and appreciates that the applicant has significantly altered the proposed
structure in order to minimize potential impacts to SAV habitat within the project footprint. Specifically,
removing the gazebo roof and jet ski lifts, minimizing width of the structure, and repositioning the boat lift into
the deepest possible water should all aid in minimization of impacts. Furthermore, the structure to be replaced
required vessels to traverse over the shallow habitat in order to utilize docking facilities. Therefore, taking into
consideration the proposed minimization measures and that the proposed structure may reduce impacts to SAV
in comparison to the existing structure, DMF believes that our concerns have been addressed as much as
possible. DMF would recommend, though, that care be taken during the construction of this project. For
example, piles should avoid any SAV to the fullest extent that is safely possible. Also, any work vessels should
avoid anchoring in SAV. Care should also be taken after construction during everyday use of the structure, as
the SAV that is present is providing numerous benefits to the area, including improved water quality and natural
shoreline protection.
Thank you for consideration of DMF's comments regarding the updates to this proposal. Feel free to reach out if
there are any follow-up questions/comments/concerns/etc.
Jimmy
Jimrn Harrison
Ha6itat and rInbancement jection
NC Division of Marine riskeries
james.barrison@ncdenr gov
252-948-3835 (Office)
757-272-3230 (Mobile - Preferred)
Email correspondence to and from this address is subject to the
North Carolina Public Records I.mr and may be disclosed to third parties.
From: Dunn, Maria T. <maria.dunn@ncwildlife.org>
Sent: Friday, July 16, 20212:39 PM
ROY COOPER
Gove r
DIONNE DELLI-GATTI
Secretary
BRAXTON DAVIS
Director
March 16, 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)
greegbodnarOncdencgov
SUBJECT: CAMA Application Review
Applicant: Sunset Bay, LLC
Project Location: 3132 Bay Drive, Kill Devil Hills
Proposed Project: Construct pier, PWC lifts, boatlift and covered gazebo platform
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 April 6, 2021. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext 235) when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
�_ This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME James Harrison
AGENCY NCDMF //
SIGNATURE l�TI2htod lla r uaer,
DATE 6 AU pril 2021
APR 7 2021
POP SECT0®N PAHD
+� North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth Ctty Office 140l5outh GriffinStreeLSWte300 I Elizabeth Chy, North Carolina 27909
257264.3901
TO:
FROM:
SUBJECT:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
JOHN C. BATHERSON
ActlngDir"r
MEMORANDUM: Yr
Gregg Bodnar, NCDCM Assistant Major Permits Coordinator RECE' Y t"
James Harrison, NCDMF Fisheries Resource Specialist MAY 1 4 2021
Sunset Bay, LLC, Dare County
MP SECTION M 1D
DATE: 14 May 2021
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that may impact fish and fish
habitats. The proposed work is located at 3132 Bay Drive, within Kill Devil Hills, Dare
County, North Carolina. The applicant proposes to remove the existing pier and platform,
to be replaced with a new structure. The new structure includes a 310 foot pier, a 140
square foot gazebo, four spinner lifts, and one elevator -style boat lift. Water depths within
the area range from inches (near shore) to approximately 3.8 feet below normal water line
(NWL) at the terminal end of the structure. Surveys indicate dense submerged aquatic
vegetation (SAV) from roughly 30 feet offshore to about 365 feet waterward of NWL.
SAV is a crucial habitat that provides numerous ecosystem benefits, and is identified in the
NC Coastal Habitat Protection Plan (CHPP) as one of the six fish habitats in need of
protection or enhancement. SAV provides forage, nursery, and refuge for a variety of
commercially, recreationally, and ecologically important finfish and shellfish species.
Additionally, SAV can provide natural shoreline protection and erosion prevention, as well
as nutrient removal and increased water quality. For these reasons, protection of SAV
habitat is critical.
DMF has serious concerns with the project as proposed. First, DMF has concerns with the
proposed boat lift and jet ski platforms. As designed, the boat lift would be positioned in
water with depths less than -2 feet NWL. The boat lift should be re -positioned in a location
with depths that have a minimum depth of -2 feet NWL. Additionally, DMF recommends
that the permitted design utilize a sling -style lift as opposed to an elevator style. Elevator
lifts have the potential to cause increased damage to the SAV by allowing larger cradles to
rest on the bottom, damaging SAV and/or increasing turbidity with each use. Sling -style
lifts minimize this impact by incorporating a softer lift than an elevator -style. If a sling -
style lift is not feasible, then stops should be placed on the elevator lift that would be placed
2 feet above the substrate. This would minimize the potential impacts with using an
5tate of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021
elevator -style lift. Additionally, the spinner platforms should be relocated to sections of the
structure that have at least -2 feet NWL depths, and should incorporate similar stops to
prevent the structure from contacting the substrate.
Inclusion of the proposed gazebo in the permitted design would cause unnecessary shading
of SAV habitat. SAV is heavily dependent on light penetration into the water, as light
availability is one of the primary factors affecting SAV growth and persistence. If this
aspect is included in the permitted design, it should also be positioned over deeper waters
(at least -2 feet NWL), and should incorporate a design that will minimize the increases in
shading (i.e. a pergola rather than fully covered roof). Shading as a result of the gazebo
could also be minimized by including it in the pier structure, as opposed to being
positioned off the side of the pier.
Because this location is within dense SAV habitat, DMF would also recommend that the in -
water work occur outside of the active growing period (April through October) in order to
minimize the direct impacts to SAV associated with construction. As noted above, SAV is
sensitive to increased shading. Therefore, DMF would also recommend that the design of
the structure include additional measures to minimize shading impacts, such as increased
spacing between deck boards (to the maximum extent possible) and/or incorporation of
grated materials. Impacts to SAV could be further minimized by spacing pilings the
maximum safe distance apart, and by selecting piling locations that have minimal SAV
coverage.
Thank you for consideration of our comments. Please contact Jimmy Harrison at (252)
948-3835 (office) or (757) 272-3230 (mobile - preferred), or at
iames.harrisonOncdenr.gov with any further questions or concerns.
RECE U_60
MAY 1 4 2021
UIP SECTION MHD
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021
�N CAAO
os� �Q
hF FISN
MEMORANDUM:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
JOHN G. BATHERSON
Acting Director
TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator
FROM: James Harrison, NCDMF Fisheries Resource Specialist
SUBJECT: Sunset Bay, LLC, Dare County
DATE: 6 April 2021
RECEIVED
APR 7 2021
IV1P SECTION MHD
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that may impact fish and fish
habitats. The proposed work is located at 3132 Bay Drive, within Kill Devil Hills, Dare
County, North Carolina. The applicant proposes to remove the existing pier and platform,
to be replaced with a new structure. The new structure includes a 310 foot pier, a 140
square foot gazebo, four spinner lifts, and one elevator -style boat lift. Water depths within
the area range from inches (near shore) to approximately 3.8 feet below normal water line
(NWL) at the terminal end of the structure. Surveys indicate dense submerged aquatic
vegetation (SAV) from roughly 30 feet offshore to about 365 feet waterward of NWL.
SAV is a crucial habitat that provides numerous ecosystem benefits, and is identified in the
NC Coastal Habitat Protection Plan (CHPP) as one of the six fish habitats in need of
protection or enhancement. SAV provides forage, nursery, and refuge for a variety of
commercially, recreationally, and ecologically important finfish and shellfish species.
Additionally, SAV can provide natural shoreline protection and erosion prevention, as well
as nutrient removal and increased water quality. For these reasons, protection of SAV
habitat is critical.
DMF has serious concerns with the project as proposed. First, the proposed boat lift is an
elevator -style lift. DMF would recommend that, because this area supports SAV, a sling -
style lift should be used instead. Additionally, the lift should be placed in water depths that
are 4 feet NWL in order to minimize the potential to impact SAV while using the lift. The
locations of the spinner lifts should also be moved to deeper waters that had less SAV
coverage, ideally with water depths of at least 2 feet NWL, in order to minimize impacts to
SAV. The gazebo does not appear to be a necessary component, and there was no purpose
and need provided for this aspect of the proposal. This structure would cause unnecessary
shading of SAV habitat, which is heavily dependent on light penetration into the water. If
this aspect is included in the design, it should also be positioned over deeper waters, and
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557
252-726-7021
should incorporate a design that will minimize the increases in shading (i.e. a pergola
rather than fully covered roof). Because this location is within dense SAV habitat, DMF
would also recommend that the in -water work occur outside of the active growing period
(April through October) in order to minimize the direct impacts to SAV associated with
construction. As noted above, SAV is sensitive to increased shading. Therefore, DMF would
also recommend that the design of the structure include additional measures to minimize
shading impacts, such as increased spacing between deck boards (to the maximum extent
possible) and/or incorporation of grated materials.
Thank you for consideration of our comments. Please contact Jimmy Harrison at (252)
948-3835 (office) or (757) 272-3230 (mobile - preferred), or at
iames harrison@ncdenr.eov with any further questions or concerns.
RECEIVED
APR 7 2021
State of North Cardin I Division ofMarioe Fisheries
3441 Amridell Street I P.O. Box 769 1 Morehead City, North Carolira 28557
252-726-7021
ROY COOPER
Governor
JOHN NICHOLSON
interim Secretary
S. DANIEL SMITH
Director
Brian Rowe
803 Cypress Chapel Rd.
Suffolk, VA 23434
NORTH CAROLINA
Environmental Quality
August 5, 2021
RECEIVED
AUG 5 2021
MP SECTION MHD
DWR # 2021-0250
Dare County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Sunset Bay— Construct pier, PWC lifts, Boatlift, and covered gazebo platform
Dear Mr. Rowe:
You have our approval for the impacts listed below for the purpose described in your application received by the Division
of Water Resources (Division) on March 19, 2021. These impacts are covered by the attached Water Quality General
Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General
Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA
Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the
following additional conditions:
1. The following impacts are hereby approved, provided that all the other specific and general conditions of the
Certification are met No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]]
Type of Impact
Amount Approved
Amount Approved
Planlocation/
(units)
(units)
Reference Attached
Permanent
Temporary
Open Waters -Shading
0-1
0.05 (acres)
0 (areas)
Plan Sheets
2. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality Certifications) 4175.
[15A NCAC 02B .0507(c)]
3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should
not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and i5A NCAC 02B .0200 (3)(0]
4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any
violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be
provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant
became aware of the circumstances. A written submission shall also be provided within 5 business days of
the time the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including exact dates and
times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue;
*and'steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
Division may waive the written submission requirement on a case -by -case basis.
North Carolina Department of Environmental Quality I Division of Water Resources
D_E > Washington Regional Office 1943 Washington Square Mail I Washington, North Carolina 27889
�ar� im \ e 252.946.6481
S. This approval and their conditions are final and binding unless contested. [G.S.143-215.5]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be
obtained from the OAH at httn://www.ncoah.com/ or by calling the OAH Clerlls Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered
filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office
hours (Monday through Friday between 8:00am and 5:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any
applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission.
Mailing address for the OAH:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
One (1) copy of the petition must also be served to DF.NR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If sending via delivery service (UPS, Fed Ex, etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
This letter completes the review of the Division under section 401 of the Clean Water Act Please contact Tina Martin at
252-948-3844 or tina.martint@ncdenr.gov if you have any questions or concerns.
Enclosures: GC 4175
Certification of Completion
cc:
Sincerely,
ROW TM.lt..td
Robert Tankard, Assistant
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Brian Rowe (via email: briall0weldenfieldva.com)
John DeLucia (via email: johnd@albemarleassociates.com
Gregg Bodner, CAMA (via email)
Ron Renali i, CAMA (via email)
Laserfiche/DWR file copy
RECEIVED
AUG 5 2021
SIDECT0ON MHD
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington square Mall l Washington, North Carolina 27889
252.946.6481
ROY COOPER
C6vemor
MICHAEL S. REGAN
se,rmwry
LINDA CULPEPPER
Interim Directar
Brian Rowe
803 Cypress Chapel Rd.
Suffolk, VA 23434
NORTH CAROLINA
EAVIronrnenruf Quality
May 19, 2021
Subject: REQUEST FOR ADDITIONAL INFORMATION
3132 Bay Drive, Kill Devil Hills, Sunset Bay, LLC.
Dear Mr. Rowe:
MAY 1 9 2021
NIP SECTION MHD
DWR # 2021-02SO
Dare County
The Division of Water Resources (Division) received your application, requesting a 401 Water Quality
Certification from the Division for the subject project. The Division has determined that your application
is incomplete and cannot be processed. The application is on -hold until all the following information is
received:
1. Avoidance and Minimization of Impacts
Currently the design of the docking facility lends itself to direct, indirect, and chronic impacts to SAV.
Based on resource agencies concerns, project design needs to be redesigned to reduce and avoid
impacts to SAV's.
Pursuant to 15A NCAC 2H. 0506 (6)(f) and Title 15A NCAC 02H .0506 (6)(g), the applicant shall furnish all
of the above requested information for the proper consideration of the application. If all of the requested
information is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable- to approve the application and it will be returned. The return of this project will necessitate
reapplication to the Division for approval, including a complete application package and the appropriate
fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of
the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh,
NC 27699-1617.
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
Please be aware that you have no authorization under the Tar -Pamlico Riparian Buffer Rules for this
activity and any work done within riparian buffers or waters of the state may be a violation of North
Carolina General Statutes and Administrative Code.
Please contact Tina Martin at 252-948-3844 or tina.martin(lncdenr.eov if you have any questions or
concerns.
Sincerely,
Tina Martin, Environmental Specialist II
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
cc: Ron Renaldi, DCM Elizabeth City (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
Jon DeLucia (via email: johnd@albemarleassociates.com)
Laserfiche
RECEIVE®
MAY 1 9 2021
NIP SECTION M14D
North Carolina Department of Environmental Quality iDivision of Water Resources - Washington Regional Office
943 Washington square Mall, Washington, North Carolina 27889
252-946-6481
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, July 7, 2021 1:30 PM
To: Elliott, Donna
Subject: RE: [External] RE: Sunset Bay revised workplans
Correct. You said that the Town does not have any issues provided that the proposal does not encroach into the riparian
buffer, which it does not.
Gregg
From: Elliott, Donna <DONNA@kdhnc.com>
Sent: Wednesday, July 7, 2021 1:28 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: RE: [External] RE: Sunset Bay revised workplans
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Reoort Soam.
Ok. I think I have already responded.
From: Bodnar, Gregg[mailto:RreRR.bodnar@ncdenr.govI
Sent: Wednesday, July 7, 2021 1:20 PM
To: Elliott, Donna <DONNACa@kdhnc.com>
Subject: RE: [External] RE: Sunset Bay revised workplans
Yes, sent them a couple of days ago, I think.
Gregg
From: Elliott, Donna <DONNA@kdhnc.com>
Sent: Wednesday, July 7, 2021 1:05 PM
To: Bodnar, Gregg <RreRR.bodnar@ncdenr.gov>
Subject: [External] RE: Sunset Bay revised workplans
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Reoort Soam.
I didn't see any plans attached. Are these the same ones you sent earlier?
From: Bodnar, Gregg fmailto:RreRR.bodnar@ncdenr.Rovl
Sent: Wednesday, July 7, 2021 8:55 AM
To: Harrison, James A <James.Harrison Ancdenr.Rov>; Pullinger, Robert C <chris.oullinRer@ncdenr.gov>; Martin, Tina R
<Tina.Martin@ncdenr.gov>; 'Pelletier, Josh R CIV CESAW CESAD (USA)' <Josh.R.Pelletier@usace.armv.mil>; Elliott,
Donna <DONNA@kdhnc.com>; Dunn, Maria T. <maria.dunn@ncwildlife.orR>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>
Subject: RE: Sunset Bay revised workplans
Morning all,
I wanted to check in again about the revisions. The applicant is waiting to take the project off hold until the is some
feedback on the revisions. If you can provide comment asap I would appreciate it.
Thanks,
Gregg
From: Bodnar, Gregg
Sent: Thursday, July 1, 2021 1:18 PM
To: Harrison, James A <James.Harrison(incdenr.go >; Pullinger, Robert C <chris.oullineer(a ncdenr.gov>; Martin, Tina R
<Tina.Martin(dlncdenr.eov>; Pelletier, Josh R CIV CESAW CESAD (USA)<1osh.R.Pelletier(@usace.armv.mil>; Elliott, Donna
<DONNA(@kdhnc.com>; Dunn, Maria T. <maria.dunn(@ncwildlife.org>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.Rov>
Subject: Sunset Bay revised workplans
Morning all,
Please see above for updated workplans and below for a summary provided by the agent on the revisions with the
riparian line challenges.
If you can please provide any comments asap to the redesign I would appreciate it.
Thanks,
Gregg
"We could not get a boat sling lift to fit due to the outboard piles, even with the reduced pier width. Trying to make it fit
made me have to move it east and to get into shallower water than the former location of the elevator lift. The changes
to this plan include reducing the width of the pier to 4' and slightly angling it near the shore to align with the existing
fence gate at the existing pier terminus. We removed the jet ski platforms and eliminated the roof over the 10 x 14
platform. We still need to use an elevator lift to accommodate the boatlift. It did move about 11' further west and into
slightly deeper water. I just don't see any other way to approach this."
Gregg8odnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental quality
252 SM 28M ext 215 (office)
Gre .B n r n,4dea,_,rgpv
Emall correspondence to and from this address is subject to the
North CaroNna Public Records tow and may be dfsdosed to third parties.
Received
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION AP4 9 Pu"
Name of Property Owner Requesting Permit: Sunset Bay, LLC DIME
Mailing Address: 803 Cypress Chapel Road
Suffolk, Virginia, 23434
(757) 934-8383 - Office
Phone Number: (757) 651-9144 - Mobile
Email Address: Brian Rowe <brian@weldenfieldva.com>
certify that I have authorized John M. DeLucia, PE
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Dock Addition
at my property located at 3132 Bay Drive, Kill Devil Hills, NC
in Dare 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:
Signature
Brian T. Rowe
Print or Type Name
OWNER
Title
12 / 3 /2019
Date
This certification is valid through 9
2020
RECEIVED
MAR 16 2021
DCM-IAHD CITY
1-bemarle
& ASSOCIATES, LTD.
RECEIVED
February 2, 2021 FEB 3 ?.BYt
Ms. Debbie Diaz DCM-EC
Town Manager
Town of Kill Devil Hills, NC
PO Box 1719
Kill Devil Hills, NC 27948
RE: Sunset Bay LLC — CAMA Major Permit Riparian Notice
Dear Ms. Diaz
Sunset Bay LLC is applying for a CAMA Major permit to rebuild and lengthen their pier,
located at 3132 Bay Drive, Kill Devil Hills, NC on Colington Creek, in Dare County,
North Carolina. The specifics of the proposed work are in the enclosed application
forms and drawings. All proposed improvements are outside of the 15' riparian setback
As the adjacent riparian property owner to the aforementioned project, I am required to
notify you of the development in order to give you the opportunity to comment on the
project. Please review the attached permit application and drawings. Should you have
any objections to this proposal, please send your written comments to Ron Renaldi at
NC Division of Coastal Management, 401 South Griffin Street, Suite 300
Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such comments
will be considered by the Department in reaching a final decision on the application. No
comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 252 441-2113 Ext 204, or e-
mail me at John (oAlbernarleAssociates.com
Sincerely,
l (
llphr, rM. DeLucia, PE
/gent
Enc
RECEIVED
Planniwj Sluveyirlg- Engineering - Envirownental C,orWaiction Management MAR y 1 6 Z�ZI
P.O. Box 3989, 115 W Saint Clair St., Kill Devil Hogs, North Carolina 27948
Nmth Carolina I icense No. C-1021
Phone: 252-441-2113 t""v.AloemarleAssociales.cont Far• 252-441-0965 DCM_MHI:D CITY
RECEIVEI
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: Sunset Bay LLC
Address of Property:
3132 Bay Drive, Kill Devil Hills, Dare NC
(Lot or Street #, Street or Road, City 8 County)
Agent's Name #: John M. DeLucia, PE
Agent's phone #: 252 441-2113
Mailing Address: PO Box 3989
Kill Devil Hills, NC 27948
MAR 0 12021
DCM-EC
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions. must be provided with this letter.
For replacement and lengthening of the existing pier. A copy of the proposed plan application and narral1w is attached
✓ I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices Is
available atlrtt :/u /www.nccoastalmananementnet/web/cm/staff-listinyorby calling1-888.4RCOAST.
No response is considered the same as no objection If you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift 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 wis h to waive the 15' setback requirement.
V_ I do not wish to waive the 15' setback requirement.
(Propeltty wOneylIhn c cation)
i' hill
Snature
7Sunset Bay LLC, Brian Rowe
Print or Type Name
803 Cypress Chapel Rd
Mailing Address
Suffolk, VA 23434
City/State/Zip
(757) 651-9144
Telephone Number / Email Address
Date' l
(Riparian Propert Wner Information)
Signature
Town of Kill Devil Hills
Print or Type Name
PO Box 1719
Mailing Address
Kill Devil Hills, NC
City/State/Zip
DECEIVED
Telephone Number/Email Address MAR 16 2021
Date 2 2/ CM-MHD CITY
(Revised Aug. 2014)
RECEIVED
uC Albemarle
& ASSOCIATES, LTD.
February 2, 2021
Mr. Cory B Mclemore
1409 Van Buren Ct
Chesapeake, VA 23320
RE: Sunset Bay LLC — CAMA Major Permit Riparian Notice
Dear Mr. Mclemore:
MAR 0 1 ZUI
DCM-EC
Sunset Bay LLC is applying for a CAMA Major permit to rebuild and lengthen their pier,
located at 3132 Bay Drive, Kill Devil Hills, NC on Colington Creek, in Dare County,
North Carolina. The specifics of the proposed work are in the enclosed application
forms and drawings. All proposed improvements are outside of the 15' riparian setback
As the adjacent riparian property owner to the aforementioned project, I am required to
notify you of the development in order to give you the opportunity to comment on the
project. Please review the attached permit application and drawings. Should you have
any objections to this proposal, please send your written comments to Ron Renaldi at
NC Division of Coastal Management, 401 South Griffin Street, Suite 300
Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such comments
will be considered by the Department in reaching a final decision on the application. No
comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 252 441-2113 Ext 204, or e-
mail me at Johnd(a)AlbemarleAssociates.com
i
Sincerely,
John M. DeLucia, PE
Agent
i
Enc
RECEIVED
Planning - Surveying - Engineering - Environmental - Construction Management
P.O. Box 3989, 115 W Saint Clair St., Kill Devil Hills, North Carolina 27946 MAR 16 2021
North Carolina License No. C-1027
Phone: 252-441-2113 w .AlbemarleAssociatescorn Fax: 252-441-0965 DCM-MHD CITY
RECEIVED
CERTIFIED MAIL • RETURN RECEIPT REQUESTED MAR 0 1 2021
DIVISION OF COASTAL MANAGEMENT nCk A_�r+
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FOR tVl C
Name of Property Owner: Sunset Bay LLC
Address of Property:
3132 Bay Drive, Kill Devil Hills, Dare NC
(Lot or Street #, Street or Road, City & County)
Agent's Name M John M. DeLucia, PE
Agent's phone #: 252 441-2113
Mailing Address: PO Box 3989
Kill Devil Hills, NC 27948
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
For replacement and lengthening of the existing pier. A copy of the proposed plan application and narrative is attached
.� I have no objections to this proposal. I have objections to this proposal.
s `in lhz, Tnir_huvez)
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact Information for DCM offices is
available at httu://www.nccoastalmanaaement.neUweb/cm/staff-listing orby calling 1488-4RCOAST.
No response is considered the same as no objection if you have been notified by Certffled Mall.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift 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 wis h to waive the 15' setback requirement.
C R/r I do not wish to waive the 15' setback requirement.
roperty ,caner I ation)
Si ature
Sunset Bay LLC
Print or Type Name
803 Cypress Chapel Rd
Mailing Address
Suffolk, VA 23434
City/State/Zip
(757) 651-9144
Telephone Number/Email Address
Z—Z—Z.(
Date
(Riparian Property Owner litformation)
Signature
Cory B Mclemore
Print or Type Name
1409 Van Buren Ct
Mailing Address
Chesapeake, VA 23320
Ciryistareaip RECEIVED
252 112.1 0?,11
Telephone Number/Email Address MAR 16 2021
Z--Gl-z.c�z1 DCM-MMDCITY
Date
(Revised Aug. 2014)
RECEIVED
MAR 0 12021
Feb 21, 2021
DCM-EC
RE: Sunset Bay LLC — CAMA Major Permit Riparian Notice
The plans included conform to the Riparian lines and the offsets within the Riparian lines of the
3132 property. To preserve the Soundfront views, I made prior objections to offset waivers and
incorrect Riparian line representations.
As the adjacent land owner to the South of 3132 Bay Drive (subject: CAMA Major permit
applicant), I am enclosing a Property Owner Notification form with my signature and no
objection based on the following provisions:
The riparian lines shown on the construction diagram that were enclosed with the
Adjacent Riparian Property Owner Notification dated February 2, 2021 and the
construction within those lines are correct and will not be altered.
The proposed roofed Gazebo will not be constructed any further out into the water than
currently shown.
No structures with a roof will be constructed beyond the proposed Gazebo to preserve
the views from all properties to the West.
Any waiver sought from the town or future owner of the property immediately to the North of
the 3132 Bay Drive property and alteration to the plans included with the Adjacent Riparian
Property Owner Notification dated February 2, 2021 nullifies my enclosed agreement and
further review will be required.
Blake McLemore
3130 Bay Drive, Kill Devil Hills NC 27948
252-421-0741
f.
Gu,�l --le Akb°�,[- .t.Aur-Coci,,i
RECEIVED
MAR 16 2021
+DCM-MHD CITY
® Complete items 1, 2, and 3.
a Print your name and address on the reverse
so that we can return the card to you.
110 Attach this card to the back of the mailpiece,
A.
X
a-
or on the front If space permits.
D.
RECEIVED 1. Article Addressed to:
Town of Kill Devil Hills
MAR 0 1 2021
PO Box1719
Kill Devil Hills, NC 27948
DCM-EC
11I61IIIII�III�IIIIIIIII IIIIIIIIIII IIIIIIIIII
9590 9402 5563 9249 4972 89
2. Article Number (Transfer from service labe0
7018 2290 0001 6252 1996
Ps Form 3811, July 2015 PSN 7530-02-000-9=
r Complete Items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
® Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to
Cory B. McLemore
1409 Van Buren Court
Chesapeake, VA 23320
IIIIIIIIIIIIIIIIIIIillll IIIIIIIIIII III IIIIIIII
9590 9402 5563 9249 4972 72
'019 1640 0000 3154 3077
Ps Form 3811. July 2015 PSN 7530-02.000-9053
1
Agent
Is deliveryaddress differef t from item 17 LI Ye:
0 YES, enter delivery address below: 0 No
3. Service Type
Cl Rlodty Max Express®
❑ Adue skl
❑ Registered Meil•e
❑ Adult signature Restricted Delivery
❑ Regstered Mai Reatdcl
❑ Caddied Mail®
Delifivery
❑ Caddied Mail Restricted Delivery
❑ Return Receipt for
❑ Collect on Delivery
Mvrhaudise
❑ Collect on Delivery Restricted Delivery
❑&W.Wae Contuadon'
I Insured Mail
❑ signature Conrmmalion
I Insured Mail Restricted Delivery
Reshicted DeWery
eer�m,
Domestic Return Receip
ry ayr arwre
X 0 Agent
❑Addrs
Poll
eil? ��1 lCc 7?7r1r? I c2J�t/2l
D. Is dedvery address different frorn t1ant 17/ 0/Vha
If YES, enter delivery address below; [I No
3. Service Type
❑ priority Met Expresses
❑ Adult signature
❑ Registered Mail-
❑ Adult Signature Restricted Delivery
❑ Reg9istered Mail Reslnc
❑ Cedilied Mall®
Delivery
❑ Codified Mail Restricted Delivery
❑ Return Receipt for
❑ Collect on Delieery
Merchardise
❑ Collect on Delivery Restricted Delivery
III signature Confrmatica
❑ Insured Mail
❑ signature Cunfnmution
❑ Insured Mail Restricted Delivery
Reshicted Delivery
Domestic Return Recelp
DECEIVED
MAR 16 2021
DCM.MHD CITY
Received
APR 9- 2020
i�
Y�0 BK 2322 PG 277 - 279 (3) DOC# 700068569 DCM'EC
x-\` This Document eRecorded: 09/10/2019 09:25:55 AM
Fee: $26.00 Excise Tax: $0.00
(Aare County, North Carolina
Oheryl L. House, REGISTER OF DEEDS
Dare County Land �csfer No.: 3001-19 Land Transfer Tax: 0.00 1985 Sessions Law Chapter 670 (HB 215)
ORTH CAROLINA GENERAL WARRANTY DEED
DEED OF GIFT
Excise Tax: $EXEMPT NCGS § 105-228.29(6)
Parcel Identifier No:003056000
Verified by Col on the _day of_, 20
By:
Mail/Box to: McCormick Law, PC, 30 .. Main Street — Suite 1620, Norfolk, VA 23510
This instrument was prepared by: John M . 4wormick, Esq.
NC State0145477
McConnic%50
PC
500 E. Main —Suite 1620
Norfolk, VA
Brief description for the Index: LOT 132, MOOR SHOES
THIS DEED made this -�iiS,-• day of _( CMG tv�2019, by and between
GRANTOR
BRIAN ROWE and WIFE,
WANDA H. ROWE
v'
803 Cypress Chapel Road
Suffolk, VA 23434
GRANTEE
SUNSET BAY, LLC,
a Virginia limited liability company
803 Cypress Chapel Road
Suffolk, VA 23434
The designation Grantor and Grantee as used herein shall include said partidoheir heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context. 0
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grant receipt of which is hereby acknowledged, has
and by these presents does hereby assign, transfer, grant and convey unto the Gr te�e,in fee simple, by General Warranty, all that
certain lot or parcel of land situated in the City of Kill Devil Hills, Atlantic Tov*ship, Dare County, North Carolina and more
particularly described as follows: 0
See "Exhibit A" attached hereto and made referen4i ereof RECEIVED
The property hereinabove described was acquired by Grantor by instrument recorded in Deed Book 2317. Page 843.
d MAR 16 2021
O
�� DCNI-MFID CITY
BK 2322 PG 278 DOC# 700068569 Received
APR 9 2020
II or a portion of the property herein conveyed does not include the primary residence of a Grantor. DCM'EC
®map showing the above described property is recorded in Plat Book A at Pages 193-194.
T1V E AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee I le.
And t rz ntorcovenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple,`tIt-title is marketable and free and clear of all encumbrances, other than the following exceptions:
`CiA�_ sjid lot is conveyed subject to restrictions and easements of record.
IN WITNESS WJ REOF, the Grantor has duly executed the foregoing as of the day and year first above written.
O
(SEAL)
` \ J (SEAL)
Wanda H. Rowe
�O
State of V ) r ✓� 1 gnedNota- County
Lthe dersiryPublicofW
and Wanda H. Rowe personally appeared befd
purposes therein expressed. Witness my hand
My Commission Ez ires b1 sm-L_
(Affix Seal)
City of n"
ountyorCity V IY A
ng this day and ackno ledgt
^Nl otarial stamp or seal this
Y�
P
O
:• IC c NDS
REM 0�E090
GOh4MONWEAt-'(tt or YIROINIA�
MY MMISSIO EI(E'1RF,S ON3112022
l'
and State aforesaid, certify that Brian Rowe
d thgdue execution of the foregoing instrument for the
28 day of 20A.
Notary Public 1 1
(4I (,pie. bra rvkI I
Notary's Printed or Typed Name
RECEIVED
MAR ] 6 2021
DCnA-HAND CITY
BK 2322 PG 279 DOC# 700068569
ACC@IUed
EXHIBITA APR 9 2020
�(DI that certain tract or parcel of land situated in Atlantic Township, Dare County, North Carolina and more plry)CWEC
di�M,X� bed as follows:
Bein , bt No. 132 as shown and delineated on that certain plat entitled -Moor Shores, Kill Devil Hills, N.C.:, dated November 17,
1978, Triangle Engineering & Surveying, Inc., and recorded in Plat Cabinet A, Slides 193 and 194, in the office of the Register of
Deeds are County, North Carolina.
IT BEINdge ame property conveyed to Brian Rowe and wife, Wanda H. Rowe by North Carolina General Warranty Deed dated
August 15, 2� 19, from Patricia L. Broom, unmarried, recorded on August 15, 2019, in Deed Book 2317, Page 843, in the office of
the Register of Atds of Dare County, North Carolina.
0
d
01
d
0
RECEIVED
MAR 16 2021
DCM-MHD CITY
Contact Nan *
Contact Email Address
Project Owner *
Project Name *
Project County*
Owner Address: *
Is this a transportation project? *
John DeLucia, PE
johnd@albemarleassociates.com
Sunset Bay, LLC
Dock Replacement
Dare
Streel Address
803 Cypress Chapel Rd
Address tare 2
CRY
Sufffolk
Fbstal / Zip Code
23434
r Yes r No
Type(s) of approval sought from the DWVR:
W 401 Water Quality Certification- F 401 Water Quality Certification -
Regular Express
A Individual Permit r Modification
r Shoreline Stabilization
Does this project have an existing project IDO?
r Yes r• No
Stale / Rwice / Rxjm
Virginia
Gantry
USA
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below.*
The property owners are seeking permits to remove the existing pier
and to replace it With a new pier that is 6' wide for 210 feet and 4'
wide for 99.7' terminating in steps down into the water. The pier will
be 48" above NWL and will begin at the face of the existing bulkhead.
The pier is planned to have four Jet Ski davits; one open run -about
elevator boat lift. The pier is planned to include at a 10' x 14' covered
gazebo. There will be two 22.5' x 5.3' plafforms beneath each set of
jet skis. The current water dept at the end of the planned pier is
approximately, 3.8'. A SAV survey was performed by Mr. George
Wood and his findings are shown on the plan. All improvements are
within the owners Riparian corridor and no portions of the proposed
improvements are within the 15' setbacks.
Please give a couple of dates you are available for a meeting.
RECEIVED
FEB 4 - 2021
DCM-EC
RECEIVED
MAR 16 2021
DCM-MHD CITY
2/8/2021 - - - - --
2/16/2021 RECEIVED
2/22/2021 FEB 4 - 2021
Please attach the documentation you would like to have the meeting about. 080258 - CAMA 2021-02-01 s.pdf 354.781<6 D `�r •' M •_EC
PCI 0*
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature *
�%y✓.��fNno.. `�Q r
Submittal Date
2/4/2021
RECEIVED
MAR 16 2021
DCM-MHD CITY
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRAXTON DAVIS
Director
EMAIL MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Theresa Schneider
The Coastland Times
Manteo, NC 27954
legals@thecoastiandtimes.com
FROM: Ella Godfrey
DATE: March 15, 2021
SUBJECT: Public Notice: Sunset Bay, LLC
Please publish the attached Notice in the Wednesday, March 17, 2021 issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. The State Office of Budget and Management
requires an original Affidavit of Publication prior to payment for newspaper advertising.
Please send me the affidavit, an original copy of the published notice, and an
original invoice.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office (252) 264-3901.
Attachment
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City
Christy Simmons, PIO, DCM, Morehead City
Ellie Davis, Accounts Payable, DCM, Morehead City
File
RECEIVED
MAR 16 2021
DCM-MHD CITY
D_E\ Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
u
Elizabeth City Office 1 401 South Griffin Street Suite 300 1 Elizabeth City. North Carolina 27909
V
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 03/08/21. Sunset Bay, LLC plans to remove an existing
pier and replace it with a longer one with water access stairs, four spinner PWC lifts,
elevator style boatlift and a covered gazebo platform at 3132 Bay Drive, in the Town of
Kill Devil Hills in Dare County.
A copy of the entire application may be reviewed at the office of the Division of Coastal
Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 04/06/21, will be considered in
making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Wednesday, March 17, 2021
RECEIVED
MAR 16 2021
DCM-MHD CITY
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRAXTON DAVIS
Dlreclor
Sunset Bay, LLC
c/o Brian Rowe
803 Cypress Chapel Road
Suffolk, VA 23434
Dear Mr. Rowe:
NORTH CAROLINA
Environmental Quality
March 15, 2021
The NC Division of Coastal Management hereby acknowledges receipt of your application
submitted for State approval for development to remove an existing pier and replace it with a
longer one with water access stairs, four spinner PWC lifts, elevator style boatlift and a covered
gazebo platform at 3132 Bay Drive, in the Town of Kill Devil Hills in Dare County.
It was received complete March 8, 2021 and appears to be adequate for processing at this time.
The projected deadline for making a decision is May 22, 2021. An additional 75-day review period
is provided by law when such time is necessary to complete the review. If you have not been
notified of a final action by the initial deadline stated above, you should consider the review period
extended. Under those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from March 8, 2021, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted
at the property of your proposed development. You should post this notice at a conspicuous point
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 RECEIVED
MAR 16 2021
DCM-MHD CITY
North Carolina Department of Environmental Quality I Dh9sion of Coastal Management
�� Q> Elizabeth City Office 1 401 South Grtffm Street, Suite 300 1 Elisabeth City, North Carolina 27909
°� �^a �+�\ e� 2522643901
Sunset Bay, LLC
C/o Brian Rowe
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 me, if you have any questions and or if
you wish to receive a copy of the field report.
Sincerely,
Ron Re di
District Manager, Northeastern District
NC Division of Coastal Management
WWV
Enclosure
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC
John DeLucia, PE, Albemarle & Associates, LTD, Kill Devil Hills, NC
RECEIVED
MAR 16 2921
DCM-MHD CITY
N0T1(04'$11
CAMA PERMIT
APPLIED FOIE
PROJECT: remove an existing pier and replace it
with a longer one with water access stairs, four spinner
PWC lifts on two bump -out platforms, an elevator style
boatlift and a covered gazebo platform
April B,202f
APPLICANT:
FOR MORE DETAILS CONTACT
Sunset Bay, LLC
THE LOCAL PERMIT OFFICER BELOW:
c/o Brian Rowe
o
Ron Renaldi
803 Cypress Chapel Road
1
A
A
401 S. Griffin Street, Suite 300
Suffolk, VA 23434
=
.�
M
Elizabeth City, NC 27909
757-651-9144
n
N
o
252-264-3901, ext. 235
r
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRAXTON DAVIS
Director
March 16, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Qual"
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)
grcgg,boduar(@ticdenr.gov
SUBJECT: CAMA Application Review
Applicant:
Sunset Bay, LLC
Project Location:
3132 Bay Drive, Kill Devil Hills
Proposed Project:
Construct pier, PWC lifts, boatlift and covered gazebo platform
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by April 6, 2021. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE
DATE
RECEIVED
MAR 16 2021
DCM-MHD CITY
FER �EQ�
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
MAJOR PERMIT FEE MATRIX
Applicant: Sur%kct 544.LLL qc, Srwon Ro�✓�
Selection
Development Type
Fee
DCM %
(143001601 4351000931625 6263)F016024351000952341)
DWO %
I. Private, non-commercial
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
n water areas:
lic or commercial
that does not
$400
100% ($400)
0% ($0)
:Tdevelopment
the filling or
ation of any wetlands
n water areas:
Modification to a
$250
100% ($250)
0% ($0)
Major permit
development that
s the filling and/or
of up to 1 acre
E:
:Texcavation
nds and/or open
reas, determine if A,
D below a lies:
rivate, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached) can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
60%($240)
40% ($160)
ox
4097 (see attached) cannot
F$400
be applied:
IV. For development that
involves the filling and/or
5
60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
RECEIVED
open water areas:
MIIII
MAR 16 2021
DCM-MHD CITY
NC Division of Coastal Management
Cashier's Official Receipt
12367(5S)8 C D
Received From: 5 v na r
Permit No.: Mr^ j u r
Applicant's Name: 5L'n'�rL}_Isc LL( CID grte 20W<
Project Address:
Date:
$ I so,v
Check No.:
County:
Please retain receipt for your records as proof of payment for permit issued,
Signature of Agent or Applicant. Mc' '
Signature of Field Representative: 2 •A `k
NC Division of Coastal Management
Cashier's Official Receipt
Received From:: — r � 4p5 /" r �// [ V e la O M� ✓ �i �4T ' d L�LGL
Permit No.: -- /' 4 � �R--- /{
Applicant's Name: I, AL,/ /42
0
Project Address:
✓L
Date:
Date:
11353�6)8 C D
Date: ! 20a ti7
Check No.:� y13
�
\
County: I/ C.", r JP_
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or ' f a , /
9 g Applicant:
Signature of Field Representative: '
. e 4,0 /SS
Date: q
Date: a
RECEIVED
MAR 16 2021
DCM-MHD CITY
'This is a word processing form to be completed in Microsoft Word"
NC Division of Coastal Management
Major Permit Application Computer Sheet
(11/01/2012)
Applicant: Sunset Bay, LLC rJo Brian Rowe Date: 3H2/2021
Pm%ecf Site County; Dare
Staff Ron Renaldi District Elizabeth City ❑Washington
❑Morehead City ❑Wilmington
Project Name: Rover File:
Date of initial application submittal (EX.• 1Ai2007): 4AJ/2020
Date application 'received as complete' in the Field oIDce (E)(.• V 2007): 3r82021
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ❑ Yes (KNo
Photos Taken: Yes M No❑
Setback Required (riparian): ❑Yes
No
Critcal Habitat. Yes ❑No Not Sure
15 foot waiverobtained :ETYes ®No
Hazard Notification Returned:
❑Yes ®No
SAV: ®Yes ❑No ❑Not Sure
Shell Bottom: El Yes ®No El Not
Temporary Impacts: Yes No
Sure
Sandbags: ❑Yes ®No ❑ Not Sure
Did the land use classification cane from
Mitigation Required (optional):
county LUP. ®Yes ❑No
❑Yes ®No
Moratorium Conditions: ❑Yes ❑No
EnvlralmentalAssessmentDone:
®NA
❑Yes ❑No ®NA
SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSl49 I ❑ Swamp Waters (SW)
u High Quaft Waders (HOW) I ❑ Outstanding Resource Waters (ORW)
"CI .ANDS INVAGTED
❑ land) wetlands) Corp. of Engineers (Jurisdictional0
(LS) Sea lavender (Limonium sp.)
(SS) G/asswort ( Salicomia sp.)
❑ (CJ) Saw grass (Clodlum jamaicense)
❑ (SA) Salt marsh conlgrass (Sparfina
(SY) Salt reed grass (Spertina
attemiliora)
cynosumides)
❑ IDS) Salt or spike grass (Dfshchlfs
❑ (SC) Bullrush or three square (Scopus
❑ (TY) Cattail (TYPha sp.)
spicata)
sP) .
❑ (JR) Blackneedlerush (Juncus
(SP) Sall/meadow grass (Sparthna
memenanus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre;
CK III(D) Priv. public or comm w/D&F to 1
3490 can be applied - $2W
acre; 3490 cant be applied - $400
Minor Modificaton 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
❑ III(B) Public or commercial w/D&F to 1
Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
El 11. Public or commercialhw dredge
RECEIVED
$100
and/or fill - $400
1. Private no dredge and/or fill - $250
El III(C) Pdv. public or comm w /D&F to 1
MAR 16 2021
acre; 3490 can be applied; DCM needs
DWO agreement - $400
DCM-
252.808-2808 :: 1-888.4RCOASi :: www.nccoastalmanapetnen,net revised: Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: Sunset Bay, LLC C/o Brian Rowe
Date: 3/122021
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1 Dimension 2 Dimension i
Dimension 4
One
One
Pier
I
New Work ®
Replace
210
6
Maint ❑
❑ Y ON
Platform
I
New Work
Replace
100
4
Maint ❑
❑ Y ON
Platform
2
New Work ®
Replace
zi 5
5.3
Maint ❑
❑ Y ® N
Boatlift
I
New Work-®-
Replace
13
6
Maint ❑
❑ Y ® N
New Work ®
Replace
Maint ❑
❑ Y ® N
New _Work®
Replace
Maint ❑
❑ Y ® N
New Work ®
Replace
.
Maint ❑
❑ Y ® N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New l4rork ❑
Replace
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Kbrk ❑
Replace
Maint [I
[IY ElN
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
"law work ElReplace
MAR
6 2021
Maint ❑
❑ Y ❑ N
DCM-MHD CITY
revised Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Sunset Bay, LLC c% Brian Rowe
Date: 3/12/2021
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. FL
(Applied for.
Disturbance total
includes any
anticipated
restoration or
tamp impacts)
FINAL Sq. Ft
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amounO
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
OW
Dredge ❑ Fill ❑ Both ❑ Other ®
2116
2116
Dredge ❑ Fill ❑ Both ❑ Oflrer ❑
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 ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fiff ❑ Both ❑ Other ❑
RECEIVED
MAR 16 2021
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoast,�imanage_mint.not revised. Hov. 2012
DCM Coordinator: Greg Bodnar Distributed YesN No ❑
Applicant: Sunset Bay. LLC Distribution Date: 3/16/2021
AGENCY
ECRO
Community Develo ment/LPO
Donna Elliott
DCM Planner
Charlan Owens Eliz city
US COE:
Josh Pelletier
Lee Padrick (Beaufort, Carteret, Craven, Eliz City,
Pamlico, Washington)
Community Assistance
Cultural Resources
Renee Gledhill -Earley
Div. of water infrastructure
(No longer public water supply)
Gif Whitflekl
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
Samir Dumpor
Roger Thorpe
Chris Pullinger
DEMLR
Sediment & Erosion-
Storm water-
DWR 401-
WRC
National Heritage Program
Maria Dunn (WARO)
Rodney Butler
RECEIVED
MAR 16 2021
DCM-MHD CITY
Revised : 6/29/2018
I
Fi
RECEIVED
JUJU 3
MP SECTION MHD
I
5' WATER DEPTH I
CONTOUR AS MEASURED
BY NC DIVISION OF I
COASTAL MANAGEMENT
9$9
7.75 1VD
WDeve.
\ ' IX PIER —
TO BE
REMOVED
1
IX. INJUKHEVOF
/ POMP FrAil /70I9
IX DRAM
/ IX PLASTIC,
/ STORASE
Wes (2)
IX Cl06K
/ PAVERS
/ SA•
/ IX GLNGRETE
IX PORA15
ca4GR>=rE
O
LOT MA4 / N71r
GORY E MGLBdORE
/ LESL J MGI.B40RE
LOT m
MOOR SHORES
NO,34j
Pb 292. YPC. bo
9w
f UN8EVE 75LEANING
OPEN PI
` B�DEEF
PER REVIEW COMMENTS
KCA
PER CAMA COMMENTS
KCA
REVISED WATER DEPTHS
KCA
NEW LAYOUT
KCA
NEW CAMA ALIGNMENT
KCA
05
5M
WD
900
WD
2$9
WD
2.50
WD
zv
wm
200
j
WD
1.92
Wit?
1.75
156
WD
'
1 STEPS TO
}
WATER KAYAKS
I
45.0'
I
I
LESS THAN 5X
RUPPIA ID9dtlm9
30
I I
25% RDPPIA mOdtlmG
.
LESS THAN
RAT('F DPHYI i VM dOmBmYm
IL
BOAT
30.0'
'ram/Ir
ELEVATOR
ELEVATOR
30% SUP31A dtim
5%
ccaernaun ivM demenu
i-
i
L
2 1500 LB
SPINNERS
22.5'x5.3' 80%
10X CER
W
V CAFY MAP
NTS
NOTES:
1. OWNER: SUNSET BAY, LLC
803 CYPRESS CHAPEL ROAD
SUFFOLK, VA 23434
2. PROPERTY IS LOT 132, MOOR SHORES, PC A, SL.
194, RECORDED IN D.B. 2322, PG. 277,
DARE COUNTY PIN NO. 9875 16 82 2593
PROPERTY ADDRESS: 3132 BAY DRIVE
3. PROPERTY IS LOCATED IN FIRM ZONE
(AE 8'), FIRM MAP NO. 3720987500J,
EFFECTIVE DATE 09/20/06.
(SUBJECT TO CHANGE BY FEMA)
4. PROPERTY IS LOCATED IN RL - RESIDENTIAL LOW
DENSITY, SETBACKS PER CURRENT ZONING.
5. ACQUISITION OF FIELD INFORMATION OBTAINED BY
STYONS SURVEYING SERVICES ON MAY 7, 2020.
2 1500 LB
SPINNERS
22.5'x5.3'
FOR PERMIT
10 x14
PLATFORM
APPROVAL
30.0' —
LESS THAN 5%
Ruavu m9Dtm¢
N ^ fW 5.55. ON
7 5-7-00W
P
PE
r�a� R
cANr.
N
9i..:.
�i
I
0I
;=
s :
� 0
N SR? ➢
')•
J
N O
FLUSH 0.
BAY DRIVE
(60' R/W)
t�
IX A.061C
POLL PATIO
IX PAS&HOT Tm
POMP 1 I0 V06/7019
0'
O
IX WA' &
N
Ems'
N
its
o1w.r
-
�
-IX WOGS WICK
Z
IX WOW
RETANNB WNl
AW recce
N J
O
N.~i
LOT I1I
W
m N
TOWN 0 Or
KILL DEVL HILLS
MOOR SHORES
Z DD 2M Pb. WO
rN16-49'42"W 60.00'
— 272.96'
V—
`::�;`1iUti;11M(f31C::4!a;1H;;
E
'
EX. S.SS. NAIL
ALT
& WASHER IN
CA INTRS. OF
TRUXTON STREE
& BAY DRIVE
PARCEL LINE TABLE
LINE
DIRECTION
LENGTH
L7
N19'17'25W
25.59'
L2
N2G32'54'W
15.22'
0
N4'41'05*W
7.16'
L4
N11'24'27'W
6.85'
CURVE TABLE
CURVE
RADIUS
LENGTH
BEARING
CHORD
C1
416.86'
20.00'
1 N15'27'14 W
1 20.00.
GRAPHIC SCALE
0 20 40 80
(IN FEET)
1 INCH = 40 Fr.
lbomarle,
Engineering - Environmental - Land Plannin
115 West Saint Clair St. Phone: (252) 441-2113
P.O. Box 3989 Fax: (252) 441-0965
Kill Devil Hills, NC 27948 w .AlbemarleAssociates.com
Certificate of Licensure No. C-1027
_.. .. ,,.. _. ... .__ r .... - _
nia v NIS L/
REV 2021.07.01
CAM MAJOR FAT DIMWM
SMSETMY,, LLC
3132 BAY DRIVE, KILL DEVIL HILLS, DARE COUNTY
J U L 1 2021
T)
5' WATER DEPTH
D y
CONTOUR AS MEASURED
BY INC DIVISION OF
COASTAL MANAGEMENT I I I
I
I
STEPS TO
WATER KAYAKS
585
5.75 w?V
45.0'
wp558LESS
THAN 5%
RUPPIA m ri imCp
P•C,_
4.
*'o
500
1/K,`1 TY AW
WP
NTS
285
30.0'
WD
I
ID9d
NOTES:
2,50 O1
LESS THAN 5X
y�
CERATOPHYLLYM
d,mmum
1. OWNER: SUNSET BAY, LLC
z.»
803 CYPRESS CHAPEL ROAD
wv
2 15DO LB
BUTTOCK, VA 23434
200
SPINNERS
30.0'
WP
22.5'x5.3'
RUPPtA
30x RDPPM mpp
dillon
2. PROPERTY IS LOT 132, MOOR SHORES, PC A. SL.
1.92
PLATFORMS Sx
l3OXCERAI m
194. RECORDED IN D.B. 2322, PG. 277.
yw
I
DARE COUNTY PIN NO. 9875 16 82 2593
im 1 S
1
1
PROPERTY ADDRESS: 3132 BAY DRIVE
1114Mrr'ti11FA l;i:1;4'1
`
IDL Pm—
/ \
TO BE
REMOVED
IX DUKhCAP
I
I05-
/
IX
DRAIN —IX
/
PLASTIC.
STORAGE
bm' (2)
IX
/
�
/
si--
IX 54NOmm
/
IX PORq)S
CONCRETE
a^
/
o^ rM
LOT P4
N/F
�x
CORY D AYA.,0I
Lm J MCL$.IORE
/
LOT "
NO3.47, P15 21% P5. soLO
N
7,9-W
LINE 408'75,
L
O
LEEAANINc
OPEN PIPE
8' DEEP
MAR 1 6 2021
)CA&W-10 crry
1-02-01 PER CAMA COMMENTS KCA
1-01-28 REVISED WATER DEPTHS KCA
1-01-26 NEW LAYOUT KCA
0-05-03 NEW CAVA ALIGNMENT KCA
Nun
175
WP
Ib7
WP
200
WP
3. PROPERTY IS LOCATED IN FIRM ZONE
(AE B'), FIRM MAP NO. 3720987500J,
v EFFECTIVE DATE 09/20/06.
PROPOSED (SUBJECT TO CHANGE BY FEMA)
DOCKING
' FACILITY 4. PROPERTY IS LOCATED IN RL - RESIDENTIAL LOW
DENSITY, SETBACKS PER CURRENT ZONING.
BOAT LIFT 5. ACQUISTOON OF FIELD INFORMATION OBTAINED BY
I' --
LOCATION E VATOR 105.0 STYONS SURVEYING SERVICES ON MAY 7, 2020.
! BOX RUPPIA m ritimY
i 10X CERAMPHY iYM dpm,m,m
2 1500 LB
^— SPINNERS
22.5'x5.3'
PLATFORMS
FOR PERMIT
1I'-�
APPROVAL
RECEIVED
I I
FEB 3 2021
•• I eo.o'
I 5x CEEa470r�YM
�I,m
DCM-EC
•
I
30.0' _
cvA 2 -t %r % .rc
Q
I
LESS THAN 5%�
••O` ••
L
.L3 L4
RUPPIA
mwitlma..........'G�Q•��,•�:
co
n
NAL As MEAS R®
DY 5.55. ON
M
rr7-2=9
50 6"
SETPACK
❑
IX M-p.A
PARCEL LINE TABLE
_
n
P06L PATIO
IX POOL & "or TUP
I
LINE
DIRECTION
LENGTH
paw 0I9010 ItAw"
L7
N79'17'25W
25.59'
LL
I
Qj
L2
N20'32'54W
15.22'
W5
L3
44.41'08'W
7.16'
M'y'A �'y
L4
N1 Y24'27'W
PCR(.E
7TiYy
O
22.7
EX INK. &
N
PAS Mr.
u1
N
CURVE TABLE
STAND
DAH LHb
n
ON PL(Nrfi
S
I W
I
CURVE
I RADIUS I
LENGTH
BEARING
CHORD
OD
C7
1 416.86'
20.00'
1 N1S27'14-W
I 20-00'
a.�
in
Z
OPAPHIC SCALE
IX WOOD WALK
tt
.
0
20 40
80
LR4f.q
STV
yi:
IX WOY.9
c
RErAN�'L`' WALL
(IN FEET)
t '
ANP
I
1 INCH = 40 FT.
�I
J
a0 MC!-
RREEBAAR 0.1
FLUSH
45.95'
BAY DRIVE
(60' R/W)
N/r
TOM Op KILLPEVILELLSAAbemarle
sawPACccW&qk SHORES
&ASSOCIATES, LTD.
fA 250, P6. 57l. � Engineerino-Envirgnmen181-Lantl Planning
16'49'42"W 60.00' _ 115 West Saint Clair St. Phone: (252) 441-2113
O. Box 3989 Fax: (252) 441-0965
272 96- ill Devil Hills, NC 27948 w AkemarleAssoeiates.com
Certificate of Lioensure No. C-1027
aSP1St S09'18'14'E�
MUL1i;n113E, PATH EX IX. SSS NAIL
FD�ASWALT Cc WASHER IN nAIJA MA"
pppeR �p,al�y�
WVYMY SENSE BAY,
UCCL�7 A��a
3132 BAY DRIVE, KILL DEVIL HILLS, DARE COUNTY
0
n m
� A n
_ � m
RECEIVED
O 0
r MAR 0 1 1011
DCM-EC
Xc"_g-2 6 X6 OEQ( �---g•
5/0' G&V.
2m TIMBERS i 16a 0C 7 6
41171 f 2X10 041 41 4';
V IES
V IES V IES
I
10' :J MIN 1 10 MIN 10 MIN II
SE�
III
-� --2.5 CCA IL£ ElEVATIOX
NTS
PER ELEVATION ELEVATOR LIFT SC-CTION MER AND GAZEBO ELEVATION
O�
REV 2021.02.23
CAMA MAJOR PEPoWT DRAWING
SUNSET BAY, LLC
3132 BAY DRIVE, KILL DEVIL HILLS, DARE COUNTY