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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. 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. 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 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 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