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HomeMy WebLinkAboutWDN 21-04 Forehand Beach PropertiesDIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: _Forehand Beach Properties, LLC Type: (Check all that apply) New Major Mod Permit# Minor Mod Renewal Permit Coordinator: Bodnar Field Representative: Loeffler Date Time 8/26/2021 G((U(U ki (nk( Transfer Message Received in MHC From: Bodnar. Greao To: brian0markerl7marinexom Cc: Loeffler. Sarah W: Renaldi. Ronald: Godfrey. Ella M SVC D M MH .Admin� Subject: Withdraw request for Forehand Beach Properties LLC. CAMA application Date: Tuesday, December 7, 20218:28:00 AM Attachments: imaae001.ona Morning Mr. Forehand, In accordance with your letter dated November 30, 2021, please accept this email as acknowledgement that your existing CAMA application for Forehand Beach Properties LLC., accepted as complete on August 6, 2021, has been withdrawn from processing. Once the updated application is accepted as complete we will begin processing the new application. If any comments of concern are submitted 1 will contact you. Thanks again for your assistance, Gregg f roc D Q��//�� 1 l�rv'nNaef Nrmvo-wrul0a+ar\ / _ f v 1 Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2803 ext 215 (Office) Grevr..Bodnaro ncdenr.xov Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties. November 30, 2021 To: NC Coastal Management Attention: Sarah Loeffler— Field Agent 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 Dear Ms. Loeffler: REC.w.rr E. a' 9 DEC - 4 2021 r-C DCM—, Please retire my previously submitted CAMA Major permit application and accept this new application for submission. I am asking LAMA for permission to build a private pier and docking facility at 1928 West 51" Street, Kill Devil Hills, North Carolina. Enclosed is my completed CAMA major permit application. As you will see, I am asking for a pier, covered deck, floating dock and two boat lifts. It is my understanding there was an issue with the original submittal and the changes I made during review caused your agency to recommend that I withdraw my application. With all due respect, I do not understand the totality of the reasoning, but in order to move forward, I am willing to "retire" or withdraw my original application package and re -submit to get this going. I understand the Fisheries Division has been to the property and has located the SAV bed in front of my property and they were supportive of the change I made to move the pier out another 50 feet. As you may recall, I had initially stopped the facility at 300 feet, but at that location I had the platform partially stopping over an area of SAV. To get better water, and to help eliminate any unnecessary destruction of the SAV, I chose to move the entire end of the dock out 50'. 1 hope this satisfies everyone's concerns and your agency can move forward with review of my application. At your request, I have renotified my neighbors and will provide the signed certified mail receipts once I have them, but in the meantime, I ask that you accept this application package for review. Truly, Brian Forehand for Forehand Beach Front Properties, LLC • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. KMEW D DEC From: To: Brian(a)markerl7marine.com Cc: Bodnar. Grego; Loeffler. Sarah w Subject: FW: [External] Re: Forehand Beach Properties - Major Permit Application Date: Tuesday, November 23, 2021 B:57:41 AM Mr. Forehand, Sarah forwarded me your email below and I would like to clarify your application status. The major permit application you submitted for the proposed pier extension and associated platforms and slips was originally accepted as complete on August 6, 2021 and distributed for review to 10 State and 4 Federal agencies on August 26, 2021. After the major permit application was distributed, it was discovered that you performed unauthorized development on a pier authorized through CAMA general permit #79224A (authorized a single 195'x6' pier with no slips) by adding 4 tie -piles for two slips which resulted in the application being put on hold (As well as concerns from the NC Division of Marine Fisheries regarding a Submerged Aquatic Vegetation (SAV) survey). Instead of issuing a Notice of Violation and assessing a civil penalty, we instead worked with you on modifying the general permit to bring the pier into compliance. These tie -piles and two slips were not included in the application package that was distributed and should have been included, nor were they included in the major permit riparian notifications or public notice printed in the newspaper. In addition to that, you decided after the application was distributed that you would like to lengthen the total length of the proposed docking facility an additional 50'. This is considered a significant change to the proposal and will require the retirement of the former application due to it no longer being accurate for the above reasons. The updated major permit application will have to be reprocessed and this will include reviewing the updated application & site plans for completeness, renotification of the adjacent riparian property owners with the updated application, updating the field bio report, redistributing the application materials to the 10 State and 4 Federal agencies and posting a new public notice in the newspaper. Processing of the new application materials will require an additional $250 fee as the previous submitted fee covered the processing of the original permit application which appears to be no longer a valid proposal. Hopefully that helps clear up the situation. If you have any questions, feel free to ask. Sincerely, Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management NC Department of Environmental Quality Ronald Renaldi(ancdenr.00v (252)264-3901 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Loeffler, Sarah W <Sarah.Loeffler@ncdenr.gov> Sent: Monday, November 22, 2021 3:31 PM To: Renaldi, Ronald <ronaId. renal di@ncdenr.gov> Subject: FW: [External] Re: Forehand Beach Properties - Major Permit Application Ron, Please see below. I noticed that you were not included in the applicants response and wanted to make sure that you are aware. Thanks. Sincerely, Sarah Loeffler Sarah W.Loeffler Field Representative Division of Coastal Management 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 (252) 264-3901 ext 232 sarah.loeffier@ncdenr.gov "In all things of nature there is something of the Marvelous." — Aristotle , Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brian Forehandfmailto•brian(@markerl7marine.coml Sent: Friday, November 19, 2021133 PM To: Loeffler, Sarah W <Sarah.LoefflerPncdenr.gov>; Bodnar, Gregg <Rrepg bodnar(alncdenr.eov>; Harrison, James A <lamesHarrison(a)ncdenr gov> Subject: [External] Re: Forehand Beach Properties - Major Permit Application - --- - _ - .... .. .... ... . .. _ . _ .. _. ,. CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email_as an attachment to ReoortSoam. Ms. Loeffler, I am a bit confused by your email if I have to be honest. I submitted the request for general permit modification and major permit update on September 22, 2021. That reply included a revised drawing adding the pilings to the CAMA general permit as well as the additional documents for the major permit that was in review and new neighbor notifications. As for the SAV, I sent a new revised plan that showed the pier extension and the location of SAV as it relates to the platform so there should be no need to resend a drawing I have already sent. That drawing in addition to the updated forms and neighbor notification should complete an 'official undated oermit application". At this time, I have sent all information that should complete my permit application, yet I am just now receiving a response from you from the email I sent September 22, 2021 addressing your concerns. Please explain why I need to withdraw my application package and resubmit when you should have everything necessary to continue processing. I ask that you send me what information I need to make the current permit application package complete. I do not want to withdraw the application as I have been working on this since August and if I re -submit it is going to re -start my clock for review. This seems unnecessary and unjust. You can call me anytime if you need to discuss. Thanks, Brian Forehand Markerl7Marine 910-821-0190 7222 Market St. Wilmington NC 28411 1- �' , On Fri, Nov 19, 2021 at 11:03 AM Loeffler, Sarah W <Sarah.Loeffler(@ncdenLgQy> wrote: Good morning Brian, I wanted to give you a quick update on your major permit application and let you know what the next steps are. We have been working internally on the two issues that placed your application on hold. The first was resolving the unauthorized construction of four tie piling and need to modify issued General Permit #79224. Thank you for submitting the necessary paperwork and the permit was updated to authorize the placement of the four tie piles. My records are unclear as to if a copy of the modified general permit was sent to you, and if not then I apologize for that oversight. Just let me know and I will be happy to mail and/or email you a copy. A copy is will also be submitted with your updated major permit application to the Major Permit staff. The second issue being addressed was the presence of SAY at the location and the need for the Division of Marine Fisheries staff to conduct a follow up site visit to provide input. DMF staff has conducted a site visit and provided the Assistant Major Permits Coordinator with an SAY Addendum. In that SAY Addendum, DMF Staff expressed concerns with the presence of SAV in the project area, but are interested in seeing the updated permit application showing the proposed changes to the length of the docking facility. It is possible that they will consider the extension of the docking facility into deep waters as a significant minimization measure for SAV impact. They would like to see the official updated permit application before they can fully commit to a determination of no objection. So that brings us to the next steps. I have been in discussion with the District Manager and Assistant Major Permits Coordinator as to the process of updating the original application so that it can be moved to review. It has been determined that since the updates being made are significantly changing the terminus location of the docking structure and since the original permit had already been submitted for review at the time the changes were submitted, the original permit will need to be withdrawn and a updated application re- submitted. So the first step is for you to send a letter (it can be in an email format) to the DCM Assistance Major Permits Coordinator Gregg Bodner (gregg.bodner(O'ncdenngov) requesting that the originally submitted permit application be withdrawn from review. On my side, I will be completing the review of the updated application and will send you an incomplete letter no later than Tuesday. This will let you know what other items are needed to completely update the application for resubmittal. Some items will include renotification of the neighbors, an additional permit fee, and some slight changes to the updates provided for the application forms. Hopefully this give you an update on where your permit stands in processing, and please let me know if you have any questions. Please include me in your correspondence with Mr. Bodner in regards to your withdrawal request and I will be in touch with you , before Tuesday with other needs in regards to the resubmittal. Thank you for your time and attention and I hope that you have a wonderful weekend. Talk to you soon. Sincerely, . nJ 6 Sarah Loeffler Sarah W. Loeffler Field Representative Division of Coastal Management 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 (252) 264-3901 ext 232 sarah.loeffler@ncdenr.gov "In all things of nature there is something of the Marvelous."— Aristotle Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. .11111A ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS DUWW Forehand Beach Properties LLC. Brian Forehand PO Box 10793 Wilmington, NC 28404 brian@markerl7marine.com EnvhvNORTHn LN�IaUfy September 16, 2021 A***2 F SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Forehand Beach Properties LLC., in Dare County Dear Mr. Forehand: 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 August 6, 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) Comments were received from the NC Division of Marine Fisheries (NC DMF) detailing concerns with the proposed project and impacts to submerged aquatic vegetation (SAV). The NC DMF has requested an SAV survey be conducted for the area in close proximity to the proposed development. 2) The Division of Coastal Management has documented additional development associated with the previously authorized observation pier. This additional development was not authorized and is out of compliance with the conditions of the previously authorized General Permit No. 79224A. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as: 1) the required SAV survey is completed and accepted by the NC DMF, and 2) the compliance issue is corrected and the project site brought into compliance. Please contact Jimmy Harrison at james.harrision@ncdenr.gov to discuss survey methods and appropriate timing. 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.bodnarnn,ncdem. ov. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 2528082808 jbjlla.'� Sincerely, 20 i Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: DCM Elizabeth City Josh Peletier, USACE Washington Regulatory Field Office Chris Pullinger and Tina Martin, DWR WaRO Jimmy Harrison, DMF WaRO �E North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252808.2808 :iO4 Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, September 16, 2021 3:31 PM To: brian@markerl7marine.com Cc: Loeffler, Sarah W; Renaldi, Ronald; Godfrey, Ella M Subject: FW: CAMA hold notice for Forehand Beach Properties LLC. Attachments: Forehand Beach Properties LLC (On Hold).pdf Afternoon Mr. Forehand, Please see above for the hold notice for your project in Dare Co. The Division of Marine Fisheries has requested an SAV survey be conducted to assess impacts to fish and fish habitat. I have provided a POC in the letter to discuss the survey and timing. In addition, the current compliance issue must be closed and the project site be brought into compliance before the application can proceed. If the completion of the compliance issue results in a modified permit Sarah and the Elizabeth City staff can assist you with any requirements to update the proposal. If you have any questions please let me know, Gregg Gregg Bodnar -� Assistant Major Permits Coordinator f' Division of Coastal Management Department of Environmental Quality 252 SW 28M eM 21S (Office) Greg&8odnarf0ncdenr.2ov Email correspondence to and Jfam this address Is subject to the North Carolina Public Records taw and may be disclosed to third parties. 4. Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, October 21, 2021 8:37 AM To: Loeffler, Sarah W Subject: RE: [External] CAMA Permits For Forehand Beach Properties Hey Sarah, Thanks for the update. I will ask Jimmy for an addendum concerning the SAV evidence for the file. I would say that the extension would require re -notification. Since this is a result of agency comments I think we can just modify the existing proposal. The project is on hold and will stay there till the notification time has passed, but we will still send out the revised plans to the agencies and collect comments. So though the clock stops processing will not. This is a DCM hold. If you and Ron want to discuss let me know. Let me know if I missed anything, G regg From: Loeffler, Sarah W <Sarah. Loeffler@ ncdenr.gov> Sent: Wednesday, October 20, 2021 3:46 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] CAMA Permits For Forehand Beach Properties Good afternoon Gregg, The general permit has been modified to include the addition of four tie pilings creating two boat slips. The regulatory requirement for the general has been resolved. To address the SAV issue, I met with Jimmy Harrison at the location on October 5, 2021. Jimmy did find SAV still present at the location, and we discussed the proposed option of extending the pier further (like the applicant wants) in order to avoid SAV impacts. I am currently looking over the paperwork submitted by Mr. Forehand in regards to his Major Permit application. I will put together an incomplete letter by the end of the week stating what items are need to complete the permit for resubmittal. Since he is requesting the pier be extended from his initial proposal, he needs to renotify his adjacent property owners again correct? I could use your guidance on what the next steps in the process are. Do I need to get an SAV statement from Jimmy or does that come during the agency comment period? Also is this going to be a resubmittal or a modified application and how does that effect the time clock. Do I need to request that the hold be removed? I guess I will focus on getting the major permit fully updated and then go from there. Thank you in advance for your help with this. Sincerely, Sarah Loeffler Sarah W. Loeffler Field Representative Division of Coastal Management 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 (252) 264-3901 ext 232 sarah.loeffler@ncdenr.gov "In all things of nature there is something of the Marvelous." —Aristotle Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Wednesday, October 20, 2021 1:26 PM To: Loeffler, Sarah W <Sarah.Loeffler@ncdenr.gov> Subject: FW: [External] CAMA Permits For Forehand Beach Properties Hey Sarah, Any updates on this on our end? He also has SAV survey request too. Not sure if that was done either. Thanks, Gregg From: Brian Forehand <brian@markerl7marine.com> Sent: Wednesday, September 22, 2021 1:17 PM To: Loeffler, Sarah W <Sarah.Loeffler@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Harrison, James A <James.Harrison@ncdenr.gov> Subject: [External] CAMA Permits For Forehand Beach Properties .CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Hey Sarah, I've attached the signed revised minor permit applications showing the poles that were missed the first time around. Let me know if that completes the minor. I've also attached a letter for my intentions of the 50' extension on the major permit application along with the revised major permit application. Please let me know if you need anything else on my end and I also ask that you please take the hold off of the major application and resume with the process. Thanks for all your help. Thanks, Brian Forehand Markerl7Marine 910-821-0190 7222 Market St. Wilmington NC28411 ti•_ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Forehand Beach Properties, LLC PROJECT NAME: Forehand Residence COUNTY: Dare RECEIVED LOCATION OF PROJECT: 1928 W. Fifth Street, Kill Devil Hills DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-6-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No AUG 26 ZRI DCM-MHD CITY FIELD REPRESENTATIVE: Sarah LoefflerISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: ' Date ��Jt,�doat B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 # (I) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 8-29-21 ADJ. RIP. PROP NOTICES REC'D: :4 Z I 9x*);@ i! [$A IN I&III%1:%ff1:541 DEED REC'D: Yes C) 75 DAY DEADLINE: 10-20-21 150 DAY DEADLINE: HOLDS: 4'(4(Z( EMAIL OUT DATE: 8-26-21 STATE DUE DATE: 9-16-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section tt�f��Ll ZoZ( —17.5& DWR—Public Water Supply ''il7(L k DEMLR — Stonnwater �3/ �L! iG L-'i<ewi— DEMLR — Sed and Erosion DOA — State Property Office Q��VIZ >1 Wildlife Resources Commission Q j$A,( s� DMF — Shellfish Section -tt// L 114 DMF — Habitat & Enhancement 9 ( t % (Ow DNCR— Archives&History G Z$ ll tural Heritage Program EDCommerce Bodnar Gregg From: Moore, Bill Sent: Tuesday, August 31, 2021 11:00 AM To: Bodnar, Gregg Subject: Stormwater Comments for CAMA Projects Hey Gregg, Based on the info provided with the CAMA applications, the following projects are exempt from sw permits: Kenny Fisher— Beaufort County BPG — Kinnakeet Shores — Dare County Forehand Beach — Dare County Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 ppyyplMM11 al [mrtmmenlal 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 Governor ELIZABETH S. BISER Semfory BRAXTON DAVIS 01recfor Augusl26, 2021 MEMORANDUM: NORTH CAROLINA EnvfronmenrulQuoliry 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) ngr gv.ho dnar(@ncde=(w SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street; KIII Devil Hills in Dare County Proposed Project: Extend existing pier with a covered platform at the and, add a floating platform with two boatfi is adjacent to the docking facility with a pedestrian gangway connecting the two. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gr000 Bodnar at the address above by September 16, 2021. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) 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 Lee Padrick AGENCY NC Commerce SIGNATURE z DATE 8-27-21 R GENED AUG 2 7 2021 KIP SECTION WND North Carolina Department ofEwhanmentalQuality I Division of Coastalhlanagnent D Ellratieth City office 1401 South CrirMStrect. Suite 3001 EVraheth City. North Carolim27909 _EQ� 2SZ2643901 ROY COOPER Governor ELIZABETH S. BISER Secremry BRAXTON DAVIS Director August 26, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28657 Fax: 252-247-3330 (Courier 04-16-33) gE=bndna rra)ncdcnr.e0v SUBJECT: CAMA Review. Applicant: Forehand Beach Properties, LLC Project Location: 192a W. Fifth Street, Kill Devil Hills in Dare County Proposed Project: Extend existing pier with a covered platform at the end, add a floating platform with two boatlifts adjacent to the docking facility with a pedestrian. gangway connecting the two: Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grow Bodnar at the address above by September 16, 2021. If you have any questions regarding the proposed project, contact"Sarah Loeffler (262-264-3901, ext 232) 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 hhC llk ' {IWI%X'PI/ d AGENCY 1 i/1C WGYrr, SkiaO�Y SFC{rGlt RECEIVED SIGNATURE dlv DATE 9-a7-aoa AUG 2 7 2021 D : North Carolina DepartmenrofEnvlronmentalQuality I UlvlslonofCoastal Management Elizabeth City ofnce 1 401 South Griffin Street, Sulte300 I Ellzetieth Clty, North Camllea 2T909 +a..1 2522643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 26, 2021 MEMORANDUM: NORTH CAROLINA Envtronmental 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) =gg bodnar6Dncdenr eov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills In Dare County Proposed Project: Extend existing pier with a covered platform at the end, add a floating platform with two boatiifts adjacent to the docking facility with a pedestrian gangway connecting the two. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by September 16, 2021. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) 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 Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality RECEIVED SIGNATURE cif ' 5ajltd auL for Shannon Jenkins DATE 9/1/2021 SEP 2 2021 WIP SECTION AAHD North Carolina Department of flMronmental Quality I Division of Coastal Management Elizabeth CityOfflce 1401 South CrlftlnStreet, Sulte300I Elizabeth City, North Carolina 27909 2522643901 ROY COOPER Co moor ELIZABETH S. BISER Secretary BRAXTON DAVIS Wwror . August 26, 2021 MEMORANDUM: NORTH CAROLINA EnvlronmentalQuallly 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) gwgE!.bodnar@ncdenr.gov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills in Dare County Proposed Project: Extend existing pier with a covered platform at the end, add a floating platform with two boatlifts adjacent to the docking facility with a pedestrian gangway connecting the two. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by September 16, 2021. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-depth comments with supporting data is requested. REPLY: J,�' 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 PRECEIV ® AGENCY�� �C n� SIGNATURE S E P 1 d 2021 DATE 2-0 2 I PIP SECTION MHD DEQ� North Carolina Department of Environmental Quality IDlvlslonofCoastal Management _ nlzabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City, Norlh Camllna 27909 2SZ2643901 ROY COaPER Governor ELIZABM.S,. BISER BRAXTONDAVIS August '26,20V ME'MORQNDUM> FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave:, Morehead City, NG 28557 Fax: 262-247-3930 (Courier 04-16.33J g.....gg,bod .... ncdenr.eov' :SUBJECT: CAMA Review Applicant........ _..,„.. FPropOrtles, LI-C ... , _ ,:.., -. >n. .. . _ .. � ... Project, Location: 1928:W. Fifth:Stmet, Kill Devil Hills In Dare County Proposed Project: Extend existing; pier with a covered platform at. the end, add a floating platform with two boatlifte adjacentto'the docking facility with a, pedestrian gangway connecting the -:two. - Please indicate below your agency's position or viewpoint on the proposed project -and return4his form to Greaar Bodnar at the address above by September 16, 2021: If you have any questions regarding, the proposed project, contact Sarah Loeffler(262-264-3901, ext. 232) when appropriate, in-depth comments,with supporting data.'is requested. be This age.flay 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 ct"r�: -..e✓ AGENCY V e-DtE�m — DATE Y e n RIECO t] ED S E P 1 4 2021 Eta? SECTION 'HD D_EQ� North cBroWaDepartment ofenvhonmentalQual4.1DVislan0(COnatalManagement EllzabethCity Omtt 14013outh Griffin Street, Sulje 300 I EOrgbeth City; North Carollna27909 1 � mW-\.e ' 2522648901 1= ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director TO: FROM: NORTH CAROLINA Environmental Quality Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management Chadan Owen ICP, NE District Planner Division of Co tal Management PRECENED SEP 1 4 2021 R,"P ECTO'*J UaoD SUBJECT: Major Permit Request by Forehand Beach Properties, LLC, to install a 6 foot wide by 75 foot long pier extension with a fixed 24 foot by 32 foot roofed platform, a 4 foot wide by 10 foot long aluminum gangway, a floating 8 foot by 32 foot platform, and two (2) 15 foot by 15 foot boat lifts; at 1928 West Fifth Street, in the Town of Kill Devil Hills, Dare County. DATE: September 8, 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 .3 acre subject property has 136 linear feet of shoreline along Colington Creek which connects to the Roanoke Sound. Water depths range from -2 to -3.3 feet below Normal Water Level (NWL) from the shoreline to a distance of 270 feet and -3.6 feet below NWL a distance of 300 feet from the shoreline. Site elevations range from 8 feet above NWL to 10 feet above NWL. The property is vegetated with lawn grass, shrubs, and trees. The property is located within the AE (4) Floodzone. Existing site improvements consist of a single-family house with paved driveway. Existing shoreline improvements include a bulkhead and pier with terminus platform. In June 2021, CAMA General Permit #79224A was issued for construction of a 6 foot wide by 195 foot long pier and removal of the existing pier with terminus platform. The permitted work is anticipated to be complete before the permit expires on October 1, 2021. Installation of a 6 foot wide by 75 foot long pier extension with a fixed 24 foot by 32 foot roofed platform, a 4 foot wide by 10 foot long aluminum gangway, a floating 8 foot by 32 foot platform, and two (2) 15 foot by 15 foot boat lifts is proposed. The pier extension will connect to the pier under construction. The gangway will connect the fixed platform to the floating platform. Two (2) boat slips will be created. North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 N n ^w"\ /'� 2522643901 i%,;, 'k North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 The waters of Colington Creek in this area are classified as SC and Joint Waters and are closed to shellfish taking. Submerged Aquatic Vegetation (SAV) was observed growing in the area, but an official SAV survey has not been conducted. The property is adjacent to an area designated by NC Division of Marine Fisheries as SAV habitat. Based on available information, there appear to be no archaeological sites on or near the property. Anticipated Impacts resulting from this project are expected to include: the shading of 1,964 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC). The pier permitted in June of 2021 shades 1,170 sq. ft. of Public Trust Area/Estuarine Waters AEC. Basis for Determination: The Town of Kill Devil Hills Future Land Use Map identifies the adjacent lots as "Low Density Residential". The following LUP policies may 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." 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) ...' SEP 1 4 2021 TtIp SECTION' NIHD 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 Bodnar, Gregg From: Harrison, James A Sent: Tuesday, September 14, 2021 8:42 AM To: Loeffler, Sarah W Cc: Dunn, Maria T.; Bodnar, Gregg; Renaldi, Ronald Subject: Re: Forehand Beach Properties Good morning all, I ended up getting back pretty late last night, so I'm following up now with the results of my very unofficial SAV survey. There was pretty limited visibility, so I wasn't able to be as in-depth as I would've liked to be. I didn't see much SAV growing closer to the bulkhead, but I did come across an occasional patch here and there. Once I got to about 100' from the bulkhead, I was seeing it more frequently, including under the newly built dock. I tried to get to where I'm expecting the proposed slips to be, and took rake samples directly in line with the existing structure and off to the sides (to account for the proposed lifts). I really didn't have to do much raking because I could feel the SAV against my legs and could immediately feel the resistance against the rake. I think that even this late in the year, there was probably 75% coverage of that area. I wanted to see if there'd be a possibility of recommending that the extend the structure further than proposed, but I got about 120' off the current structure (which would put their dock at over 300'), and it was still under 4' of water with SAV all around. Sarah - For some reason, my phone is iffy with my work email and doesn't always let me know when I've got new emails. I wish I'd seen your response as it would've been great to meet and discuss this on -site. I did want to get more info on the GP that was issued for the structure, since there's so much SAV present. As for the current project, I do think that an official SAV survey needs to be completed in order to fully and accurately assess the impacts of this project. This survey will need to be done during the active growth period (June - August for this area). Jimmy Jimmy Harrison Ha6itat and E_n6ancement jection NC Division of Marine ris6eries iames.barrison@ncdenr.gov 2.52-948-3835 (Office) 757-272-3230 (M06ile) Email correspondence to and¢om this address is subject to the North Carolina Public Records law and may be disclosed to third parties. From: Loeffler, Sarah W <Sarah.Loeffler@ncdenr.gov> Sent: Monday, September 13, 2021 10:28 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Subject: RE: Forehand Beach Properties Good morning Jimmy, Not a problem, and thanks for letting me know. I told the property owner in some of our past discussions that an SAV Survey will most likely need to be conducted since there is a large amount of SAV in some areas of the property. I have photos from my site visits as well if you would like to see those. I will also be in the area today (Kitty Hawk & Colington), so if you would like to discuss the location on site, just give me a call on my cell phone at 252-204-4798. 1 shouldn't be far away to meet up. Talk to you soon. Sincerely, Sarah Loeffler P.S. Last time I spoke with the property owner, he indicated that he may want to make changes to the proposed major permit development, specifically the length of the pier. I have asked the property owner to request that an official hold be placed on the permit application if he wishes to make those changes. I am also working with him on some active general permit issues that may also place a hold on the major permit request. At this time, I have not heard if an official hold has been placed. I just wanted to,give you a heads up that it might be coming down the pipe in the near future. Please let me or Gregg Bodner know if you have any questions. Sarah W. Loeffler Field Representative Division of Coastal Management 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 (252) 264-3901 ext 232 sarah.loeffler(@ncdenr.gov "In all things of nature there is something of the Marvelous." —Aristotle Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Harrison, James A Sent: Monday, September 13, 20219:16 AM To: Loeffler, Sarah W <Sarah.Loeffler@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Bodnar, Gregg <gregg.bodnar@ncdenrgov> Subject: Forehand Beach Properties Good morning Sarah, I just wanted to touch base with you to let you know that I'm going to head over to this site today to do an SAV survey. Considering the historic record of SAV in this area and that it was observed as being fairly dense during site visits, an official survey during the active growing period would've been ideal. However, I know that a lot of sites still have a fair amount of SAV present, so I'm hoping that I can get some good results from today's visit. I'll be sure to follow up with everyone after I get back. Thanks! Jimmy Jimmy Harrison Ha6itat and f nhancement jection NC Division of Marine Fisheries iames.harrison@ncdenr.eov 252-9+8-3835 (Office) 757-272-3230 (MoWe) 0) Email correspondence to and from this address is subject to the North Carolina Public Records Lmr and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS 01rector August 26, 2021 MEMORANDUM: daa cTrar q yyy111��� ll� ��OWt�e 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) ereee.hndn,^, arCancdenL= SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills in Dare County Proposed Project: Extend existing pier with a covered platform at the end, add a floating platform with two boatlifts adjacent to the docking facility with a pedestrian gangway connecting the two. 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 September 16, 2021. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) 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 WOL� AGENCYY SIGNATURE C1ttet_x/ DATE s�LQys i tic 207 S E P 1 6 2021 RIP Sig Ta ,IC N MU-I&7 North Carolina Department of Environmental Quallty I Division of Coastal Management D_E Elizabeth City Office 1 40i South Griffin Street, Suite 3001 Elizabeth City, North Carolina27909 «.,::�+m+m _ 0,W 25L2643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 26, 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 04.96-33) gc=b od narftn rdenrgov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928, W. Fifth Street, Kill Devil Hills 1n Dare County Proposed Project: Extend existing pler with a covered platform at the end, add a floating platform with two boatlifts adjacent to the docking facility with a pedestrian gangway connecting the two. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by September 16, 2021. If you have any questions regarding the proposed. project, contact Sarah Loeffler (252-264-3901, ext. 232) 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 MrrY1G 1 . �Un fl AGENCY tS01-_IRC SIGNATURE DATE SEP 2 8 2021 E iP S E C T I ),N s41H W% ffa �, North CarollnaDepartment ofEnvironmemalQualhy I Divislon of Coastal Management �> Elizabeth City office 1401 South Griffin Street, Sulte300, 1 Elizabeth City, North Carolina 27909 w'iinmmewa.a,� /`� 2522643901 Received:9/21/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 26, 2021 MEMORANDUM: NORTH CAROLINA EnvI ronmenta/ Quality ER 21-2181 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) eret!g.bodnar(@ncdenr.gov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills in Dare County Due: 9/27/2021 9/27/2021 No comment —NCH Proposed Project: Extend existing pier with a covered platform at the end, add a floating platform with two boatlifts adjacent to the docking facility with a pedestrian gangway connecting the two. Please indicate: below your agency's position or viewpoint on the proposed project and . return this form to Grego Bodnar at the address above by September 16, 2021. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232);when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the projectors 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 yg�@ AGENCY Historic Preservation Office " SIGNATURE DATE (2.Ytdta &,D,, 09/28/2021 SEP 2 S 2021 M, rt � tv THD eolD W QZZ North Carolina DepartmentofEnvlronmentalQuallty I DivlsionofCoastalManallement Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elimbeth City, North Carolina 27909 wnmcu+artw � 2522643901 ROY COOPER Governor JOHN NICHOLSON interim Secretary S. DANIEL SMITH Director Forehand Beach Properties, LLC Brian Forehand P.O. Box 10793 Wilmington, NC 28404 NORTH CAROLINA Environmental Quality November 10, 2021 OWN N01132S dYJ JZOZ Z l WN G7At_7O's't DWR It 2021-1288 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Extending existing pier with a covered platform at the end, add a Floating platform with two boatlifts adjacent to the docking facility with a pedestrian gangway connecting the two. Dear Mr. Forehand: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on July 13, 2021. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Approved Amount Approved Plan location/ (units) (units) Reference Attached Permanent Temporary Open Water - Shaded S-1 .08 (acres) 0 (areas) Plan Sheets The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B.0507(c)] 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 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 D E QJ� North Carolina Department orEmironmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 u:r.a..,•i e.raui a.•u� 252.946.6481 times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. S. This approval and their conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copyalong with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition alongwith any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsendfng via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Ifsending via delivery service (UPS, Fed Ex, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Tina Martin at 252-94B-3844 or tina.martinOncdenrgov if you have any questions or concerns. Enclosures: GC 4175 Certification of Completion cc: Gregg Bodner, CAMA (via email) Sarah Loeffler, CAMA (via email) Laserfiche/DWR file copy Sincerely, vai'ka " David May, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Ir. NOV 1 2 2021 �rl North Carolina Department of Environmental Quality l Division of Water Resources �'rJ/ Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946,6481 N width of waterbody ` 1,530' Y width limitation 382' Colington Creek 8' x 32' floating dock -3.6' NLW I 1 Top View Drawing Prepared by: Brian Forehand Address: 1928 West 5m Street, kill Devil Hills, NC Sheet 1 of 2 Date — 6/2QJ2021 Scale: 1" = 50' Date revised — 7-12-2021 15' .< 15' ooadift� ° it �_ 15' x 15' boa[lift Slip 2 I , o Slip 1 Approximate Riparian Corridor Setbackd -j ,.3I ILW f 24' 32' Fixed platform (drip edge) aporoximate Rlpar:an Corridor ��!�-- I -2.6' NLN� i r"I I f' JUL 13 2021 .l 7 I I Approximate Rioarian Corridor Setback Approcimaie R,parian Corridor RECEIVED NOV 1 2 2021 SECTIOM PAM I I I 1 2:csing3uwxhe35 I i— 136' oranand Beach "Ioe'' as - :3 - I -K 5Cli N E 00MY4 TMAH-1a Cross Serlinn Drawing, Prepared by: Prian Forrhand Address: 1.928 West 5h Street, Kill Devil Hills, NC. Sheet 2 of 2 Date - 6/20/2021 Date revised — 7-12-2021 24' x 32' covered platform gazebo 6' x 270 access pier RECEIVED JUL 13 20Z1 DCN1-EC lifts' Nnrmnl FliP.h Walor Normal I nw INa111 8' x 32' floating platform DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Forehand Beach Properties, LLC (Go Brian Forehand) 2. LOCATION OF PROJECT SITE: 1928 W Fifth Street, Lot 58 & 59 within the Wright's Shores subdivision, Kill Devil Hills, Dare County, adjacent to Colington Creek that leads to the Roanoke Sound. Latitude:36.033425°N Longitude: -75.686121°W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/18/2021 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete — 8/6/2021 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Kill Devil Hills Land Classification From LUP - Residential (B) .. AEC(s) Involved: Public Trust Area (PTA) & Estuarine Water (EW) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing — Municipal Planned — N/A (F) Type of Structures: Existing — Single-family residence, bulkhead, & pier Planned — Extended pier, roofed platform, floating Platform with a gangway, & boat lifts (2) (G) Estimated Annual Rate of Erosion: None Source —Applicant HABITAT DESCRIPTION: Shaded Filled Other 450 ft2 (pier extension) A) Shallow Bottom PTA & EW AEC's 1,024 ft2 (piatforms) 450 ft2 boat lifts B) High Ground Areas & ES AEC's C) Other 1,170 ftZ (existing pier) 40 ft an wa (D) (E) (F) Total Area Disturbed: t 1,964 ft2 (t 3,134 ft2 with existing pier) Primary Nursery Area: No Water Classification: SC Open to Shellfish Taking: No 8. PROJECT SUMMARY: The applicant proposes the extension of an existing pier which would end in a covered platform. The applicant is also proposing an additional floating platform and two boat lifts adjacent to the proposed docking facility, as well as, a pedestrian gangway connecting the fixed platform to the floating platform. RECEIVED AUG 26 2021 nMe_tAwn r.ITY RECEIVED Field Investigation Report Page 2 AUG 26 2021 Project Settina DCM-MHD CITY The proposed development is located at 1928 W Fifth Street, Lot 58 and Lot 59, within the Wright's Shores subdivision. The property is within the Town of Kill Devil Hills in Dare County, and is adjacent to Colington Creek which leads to the Roanoke Sound. The property is platted at ± 13,000 ft2 (± 0.3 acres) and contains ± 136' of shoreline. Elevations range from ± 8' above normal water level (NWL) to ± 10' above in the high ground area. Man-made features within the property include a single-family residence with a cemented driveway. The property is vegetated with landscape shrubs and domestic lawn grass along with mature oak and pine trees. The shoreline of the property is hardened and contains man-made features including a bulkhead and a pier located to the northerly side of the shoreline. The property has not been determined to hold any archeological significance. The applicant purchased the property in March 2021 and was issued CAMA General Permit #79224A on 6/1/2021 for the construction of a 195'x6' pier and the removal of an existing pier and platform. This permit expires on 10/1/2021 and the applicant anticipates that the authorized pier section will be completed prior to permit expiration. In the event that it is not completed, this length has been included in this application. The waters of Colington Creek are joint waters, classified as SC, and are closed to shellfish taking. The property is located along the eastern shore of Colington Creek and it is ±1,530' across the waterbody to the shoreline of a small island located across from the property. The bottom substrate is hard bottom sand and water depths within the project site range from ±2' to ±3.6' below NWL. No wetlands were found to exist along the shoreline and the location is not within a classified Primary. or Secondary Nursery Area. Submerged Aquatic Vegetation (SAV) was observed to be growing, but an official SAV survey has not been conducted at this time. The property is adjacent to an area designated by the NC Division of Marine Fisheries as SAV Habitat. The adjacent properties also have shorelines hardened with bulkheads and are similarly developed with man-made structures including single-family residences, piers, platforms, and boat lifts of various sizes. Development Proposal/Project Description The applicant is proposing the construction of a 75'x6' extension onto an existing 195'x6' pier, terminating in a fixed 24'x32' roofed platform. The applicant is also proposing a floating 8'x32' lower platform located on the western side and two 15'x15' uncovered, boat lifts (creating two slips) located on the northern and southern sides of the roofed platform. A small 10'x4' aluminum, pedestrian gangway is proposed to connectthe fixed platform to the floating platform. This proposed development would extend the docking facility past the established docking facility length along the same shoreline to a total proposed length of 302'. The proposed development would also create a platform with an individual size larger than 400 ft2. These aspects along with increased shading impact elevated the permit from a general to a major permit. Water depths at the proposed development location are ± 2 to ± 3.3' along the pier and ±3.6' below NWL at the end of the platform area. Rooted SAV was observed to be growing within the waters of the project area at an estimated 75% density. The proposed structures are similar in use as others in the area, but are proposed larger in length and platform size. Field Investigation Report Page 3 Structures along the pier line to the north are f 242' and to the south are t 210' in length. The proposed development meets the % width rule, and does not encroach within the 15' riparian access setback. The proposed docking facility is t 41' and t 130' away from adjacent property lines and structures to the south and ±33' and t 60' away from adjacent riparian lines and structures to the north. Anticipated Impacts • The proposed docking facility (consisting of two platforms and excluding the pier) will shade 1,024 ftz of Estuarine Waters and Public Trust Area AEC's. The cumulative shading within those AEC's, including the pier, will be t 2,644 ftz. • The roofed platform will individually shade 768 ftz of Estuarine Waters and Public Trust Area AEC's. • The installation of the proposed boat lifts will increase the total number of formalized docking spaces from zero to two slips. • The construction of the proposed pier extension will extend the docking facility f 107' beyond the established pier or docking facility length along the same shoreline for similar use. Submitted by: Sarah Loeffler Date: August 23, 2021 RECEIVED AUG 26 2021 DCM-MHD CITY '""This is a word processing form to be completed in Microsoft Word"" RECEIVED NC Division of Coastal Management Major Permit Application Computer Sheet (IIM12012) AUG 26 2021 DCM-MHD CITY Applicant: Forehand Beach Properties, LLC (clo Brian Forehand) Date: W32021 Project Site County: Dare Staff: Sarah Loeffler District NElizabeth City El Washington []Morehead City ❑Wilmington Project Name: Forehand Residence Rover File: N/A Date oflnNal application submittal (EX 1r&2007): 62&W21 Date application 'received as complete"in the Field office (EX 1182007): &rti2021 Permit Authorization: M CAMA Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes SNo Phdos Taken: Yes® No[-] Setback Required (riparian): ❑Yes NNo CiNcat Habitat ElYes ONo Nd Sure 15 foot waiver obtained. D Yes MNo Hazard Notification: Yes ZNo SAV. Yes ❑No NotSute Shell Bottom: ❑Yes ®No 0 Not Sure Temporary Impacts: ®Yes ❑No Sandbags: Yes NNo Nd Sure Did the land use classification come from county LUP.- ®Yes Otto Mitigation Required (optional): ❑Yes ®No Moratorium Conditions. []Yes ❑No ®NA Environmental Assessment Done: ❑Yes ®No❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) 0 Nulled Sensitive Waters (NSW) 10 Swamp Waters (SW) High Quality Waters (HQW) Outstandmg Resource Waters (ORM WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Llmonlum sp.) (SS) Glasswort (Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) 0 (SA) Salt marsh cordgrass (Spartina 0 (Sr Sell reed grass (Spartina altemlflore) cynosuroides) (DS) Salt or spike grass (Distichile (SC) Buftrush or three square (Schpus 0 (TY) Cattail (Typha sp) spicata) Sp.) ❑ (JR) Black needlerosh (Juncus 0 (SP) SaWmeadow grass (Spartina roemenanus) patens) APPLICATION FEE ❑ No fee required - $0.00 ill(A) Private w/D&F up to 1 acre; El III(D) Priv. public or comm w(D&F to 1 3490 can be applied - $250 acre; 3490 canY be applied - $400 El Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 111(B) Public or commercial w/D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request- It. Public orcommercial/no dredge $100 and/or fill - $400 ®1. Private no dredge and/or fill - $250 D 111(C) Priv. public or Comm w)D&F to 1 acre; 3490 can he applied; DCM needs DWQ agreement - $400 252-800.2808 :: 1.888.4RCOA3T :: www_nccoaetalmanagement.nat revised: 02115/10 RECEIVED NC Division of Coastal Management Application Computer Sheet (Page 2 of 4) AUG 2 6 2021 Applicant: Forehand Beach Properties, LLC (c/o Brian Forehand) Date: 823i2021 `rM-MHD CITY Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement round In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Length Width Dimension 3 Dimension 4 One One Pier New Work® Replace 75' 6' (Extension)MdM ❑ ®Y ❑ N Platform New Work Replace 24' 32' Maint ❑ ® Y [IN Platform New work Redeye 8' 32' Maint ❑ ❑ Y ® N Boat Lift 2 New Work Replace 15' 15' Maint ❑ ❑ Y ® Al Boardwalk New wore 0 Replace 10, 4' Gan Maint ❑ ❑ Y ® N New Work Replace MakB ❑ ❑ Y [IN New Work 0 . Replace _ Maint ❑ ❑ Y ❑ N NewWak Replace Mainl ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New Wbrk Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint❑ ❑Y❑N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New Work Replace Maim ❑ ❑ Y ❑ N New Workk U Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New WOrk Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wwk 0 Replace Maint ❑ ❑ Y ❑ N revb»d 02flSRO RECEIVED NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Forehand Beech Properties, LLC (c/o Brian Forehand) Date: 8r23/2021 AUG 26 ZOZI DCM-MHD CITY Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance tote; includes any or im acts FINAL Sq. R. (Anticipated final disturbance. Excludes any restoration andror temp i amoun TOTAL Feet (Applied for Disturbance total includes any anticipated restoration or tem im s et d final Qdisturbawe. e.Habitat nyanticipated and/orrestoration cttem Open Water Dredge ❑ Fdl ❑ Both ❑ Other Dj 1,964 It' 1,964 f2 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge 0 Fill Both —0th—erlT— Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ F91 ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fi# ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252.808.2808 :: 1.888-4RCOAST :: vjvvW eeoastelmanagement,aet revised: 02/15/10 ROY COOPER Gorrrnor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director August 26, 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) ereembodnar0ricdenr eov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills in Dare County Proposed Project: Extend existing pier with a covered platform at the end, add a floating platform with two boatlifts adjacent to the docking facility with a pedestrian gangway connecting the two. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Ore -go Bodnar at the address above by September 16, 2021. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) 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 AUG 26 2021 DCM-MHD CITY D_E Q� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite300 I Elizabeth City, North Carolina 27909 252.2643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Envlronmentol Quallry TO: Theresa Schneider The Coastland Times Manteo, NC 27954 legalsOthecoastlandtimes.com FROM: Ella Godfrey DATE: August 26, 2021 SUBJECT: Public Notice: Forehand Beach Properties Please publish the attached Notice in the Sunday, August 29, 2021, issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send me the affidavit, an original copy of the published notice, and an original invoice. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901, Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File RECEIVED AUG 26 2021 DCM-MHD CITY D_EQ� North Carolina Department ofEnvironmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 99U 252.2643901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 08/06/21. Forehand Beach Properties, LLC are proposing to extend an existing pier with a covered platform at the end, an additional floating platform and two boat lifts adjacent to the docking facility with a pedestrian gangway connecting the fixed and floating platforms, located at 1928 W. Fifth Street, 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 09111/21, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, August 29, 2021 RECEIVED AUG 26 2021 DCM-MHD CITY D_E\Qr� North Carolina Department of Envinanntental Quality I Division of CoastalMenaliement Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, NgthC MW"7191 .. V 2511643901 ROY COOPER Governor ELIZABE'rH S. BISER Secretary BRAXTON DAVIS Director August 26, 2021 Forehand Beach Properties, LLC c/o Brian Forehand P.O. Box 10793 Wilmington, NC 28404 Dear Mr. Forehand: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval to extend an existing pier with a covered platform at the end, an additional floating platform with two boatlifts adjacent to the docking facility, with a pedestrian gangway connecting the two platforms located at 1928 W. Fifth Street, Kill Devil Hills in Dare County. It was received complete August 6, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 20, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from August 6, 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 RECEIVED AUG 26 NZ1 DCM-MHD CITY QJ North Carolina Department of Environmental Quality I Division of Coastal Management _ Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2S2264.3901 Forehand Beach Properties, LLC c/o Brian Forehand August 26, 2021 Page 2 of 2 along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Sarah Loeffler, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, on Renaldi District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Sarah Loeffler, DCM, Elizabeth City, NC RECEIVED AUG 26 2021 DCM-MHD CITY y 10- NOT 1 (*0'04 1 W .=D I U U U CAIVIA PERMIT APPLIE FOR PROJECT: Extend an existing pier with a covered platform at the end, add a floating platform with two boat lifts and a pedestrian gangway connecting the two. ACCEPTED THROUGH September 18, zoz1. APPLICANT FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW. Forehand Beach Properties, LLC ''� Sarah Loeffler c/o Brian Forehand 401 S. Griffin Street, Suite 300 P.O. Box 10793 Elizabeth City, NC 27909 Wilmington, NC 28404 252-264-3901, ext. 232 252-945-8025 BEM Mr-1 3 71191_ HFUCATI011 for Molor Development Permit (last reviled 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT Business Name Forehand Beach Properties. Lk Project Name (if applicable) Forehand residence Applicant 1: First Name Brian MI Last Name Forehand Applicant 2: First Name I MI Last Name N additional applicants, please adach an additional page(s) Willi names fisted. Mailing Address PO Box City 10793 Wilmington State NC ZIP Country 2B4W Phone No I FAX No 252-945-8025 94 - - o__. nww....,, w.a:a.....,.. r...... ..e.., •.., rta.. . Srelo 171P Email 'Business Name Not applicable Agent, Contractor 1 Fast Name MI I Last Name Agent/ Contractor 2, First Name Mt i Last Name Mailing Address PO Box I city State -. I � I I ZIP i Phone No 1 Phone No 2 ex[ ext FAX No iContractorC , Street Address (Il ]Irarera from above) City - State ZIP Email <Form continues on back> RECEIVED 7 A 7. A l R.i it nA t.AAA.dltC0A3T .. w7r w.ne:7!!tllmanaaamint.net DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) REGE►v -r-1® IqL 1 3 20 APPLICATION for Major Development Permit MW County (can be muklple) Shoed Address Slate Rd. a Dare 1928 West 50 Street Subdivision Name fAy state Zip j Wright's Shores IGII Devil Hills NC 27948 - Phone Na Lot fVo.(s) lit merry, eHedr additional page with list) saam - - ed. Lot 58 & 59 a In which NC river basin IS the prof locate P b Name of body oFwater nearest to proposed project Pasquotank Colington Creek c Is the water body demised in (b) above, natural or man rna"I d Name the closest major water body to the proposed project site. ®Natural QManmade ❑Unknown Roanoke Sound e. IS proposed work within city limits or planning jurisdiction? f If applicable, list the planning unsdict on or city )knit the proposed ®Yes ONO work falls within rim uevn runs a Total ienglh of shoreline on the tract ifl.) to Size of entire tract jsq 4 ) 136 0.30 acres or 13,000 sf c Size of Individual b s) d - ) t( Approwma[e elevation of tract above NHW (normaflegh wets<1 s NWL jnormsf water fever) ,N,rnany rot sizes, please attach addla'onal page with a fls0 8-10 ❑NHW or ®NWL e Vegetation an tract lawn grass and landscaping mature oak and pine f Man-made features and uses now on tract residence. bulkhead and pier tunder construction) g Identity, and describe the extsung and uses eastern t to iM proposed project site res,dential h How yoes'ocal government zone the tracts ji Is the proposed crolect consistent with the applicable zonmg� residential I !Attacn zoning :ompidnce certificates 4 apWlaablel ❑Yes ONO $IDEA I lathe proposed aaivrty part of an urban waterfront redevelopment proposal'r I]Yes ®No k. Has a orofessional archaeological assessment been lone for the tract^ If yesattach a copy ❑Yen ®Na ❑NA If yes, ay anom' Is the proposed orolect located in a National Registered Histonc District or does d miolve a ❑Yas ®No ❑NA National Regiswr',isted or aligibie oroperty- <Form continues on next page> RECEIVED 252.333.2323 1.333.ARCOAST .. www n =aa3'3 T3 •a3e ,apt not AUG 26 2021 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) �1'� APPLICATION for G Major Development Permit _ lUl 1 3 MA m (i) Are there wetlands on the sited []Yes Otto l (it) Are there coastal wetlands on the site? 'r t,J 1�1` - ❑Yea ®No (li) If yes to edher (i) Of (i) above, has a delineation been conducted? ❑Yes ®NO (Attach documentailon, if available) n. Describe emoting "oleander treatment facilities municipal o Describe existing drinrdng water supply source mmicipal p Dwcnbe existing storm water management ortreabnent systems file a Will !ha ofolect be for commercial, public, or private use" XPnv@te/Community b Give a brief description of purpose use, and daily operations of the pro)ed when complete residential pier and dock enjoyment c Describe the proposed construction methodology, types of cof*uu bon equipment to be used during construction, the number of equipment and •where it is to be stored standard marine construction d Lot all development activities !ou propose Development activities include: Extend an approved 6' x 200' access pier an additional 70', and build a 24' x 32' covered platform with two 15' x 15' boat lifts and a 8' x 32' floating platform. This will take place within the riparian corridor of 1928 West S' Street, Kill Devil Hills. e Are me proposed activities :maintenance of an existing project. new work, or both^ now f What is the approemate total disturbed land area resulting from the proposed orolect" N/A (]SO Ft or ®Acres g Will the proposed project encroach on any pubic easement. Public aeoassway or other area ❑Yes ®No ❑NA that the oublw has established use of? h Descnbe'ocaton and type �f existing and ocoposed discharges to waters of the state none Will wastewater or stomnvater oe discharged nto a wetland' [Yss &No []NA if fes will tn.s arscharged water oe of the same salimry, as the receiving water? QYes ❑No ❑NA j Is there any mitigation proposed' LJYss NINO UNA If yes attach a milganon oroposat <Fomn continues on back> RECEIVED 232.3)3 2303 - ! 339•4RCOAST •• ww,v I-JD23!a'managamant ,at AUG 26 2021 DCM-MHD CITY Form DCM MP- 1 (Page 4 of 4) APPLICATION for Major Development Permit a. M A project narrative. b An accurate, dated work plot (including plan view and cross -sectional drawings) drawn Io scale Please give the present status of the proposed propel. Is any portion already complele2 If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed entl proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site of A copy of the deed (with state application only) or other instrument under which the applicant loons title to the affected properties J e It The appropriate application fee Check or money order made payable to DENR. �'II list of the names and complete addresses of the adjacent waterfront (npanaN landowners and signed retum receipts as proof that such owners nave recewea a copy of me application and plats by cerl mail Such landowners must be advised that they have 30 days in Which to submit comments on the proposed project to the Division of Coastal Management, Name Susan Reynolds Address Po Box 1553. NAgs HEad, NC 27959 Phone No g A list of previous stale or federal permits issued for work on the project tract Include permit numbers. pemrnHee. and issuing dales CAMA General Permit No 19224 6/1,202r h Signed consultant or agent authorization torn, if applicable delineation. I necessary I A signed AEC hazard rlmipe .'or projects in JCeanffont and mist areas Altrsf 5e signed oy =perry owner i k A statement of compliance with the N C Environmental Pokey Act iN GO S 113A 1.10) .f necessary If ;he project mvojves expenditure of public funds or ise of public [ends. attach a statement documenting compliance with the North Carolina Environmental Policy Act �aa _ 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 cordilions and restrictions contained in the permit. I certify that I am authorized to grant. and do In fact grant permission to representatives of stale and federal review agencies to enter on the aforementioned lends 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 me best of my knowledge r _ Date 'J ' ' Pnnt Name • • • r.- i f i 1./•..._. ..CA �^ ((�� v D Signature �—ter Please :rdicate application attachments pertaining to your proposed project JUL 13 2021 ]DCM NIP-2 Excavation and Fill Information ]DCM NIP-5 Bridges and Culverts ]DCM NIP-3 Upland Development D(N.M.-F— XDCM NIP-4 Structures Information RECEIVED 252.3)3.7333 1.353 AR:0A5T Ah 26 2021 DCM-MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) y t}; RELY, 1UL 13 2021 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. a (i) Is the doriung faaldy/manna. to () Will the facility he open to the general public' ❑Commernal ❑PublitlGovermment ®Prrvate/Commum(y, ❑Yes ®NO o (1) Dock(s) andfor Palls) d (i) Are Finger Peels included? ❑Yes ®No (i) Number 1 If yes (in) Length 270dotal) (h) Number 1, (aluminum gangway) tiv) Width 6' (iii) Length 10 iv) Floating Dyes ®No (NI Width ❑Yea ❑No NA (v)Floating _ ail Are Platforms ,rcwded? Eyes CNo r (I) Are Boatlifls inducted'' ®Yes LINO If yes if yes il) Number 2 (i) Number ;in) Length 2rir(foted) B'(floatina) tui)Length 15 iv) Width '%7-' faed) 32' (tloa'n "I Floating WYes ®No (24m *OYIQ r)oAa'1►ti iiv) Width 16' from J .Note. Rooted areas are calculated ynpfine Jimensions. g to Number of slips proposed n Check as the types or services to oe ormided 2 ❑ Full service nciuding travel ift ardior raft 'epair or in Number of slips existing maintenance serrwe ❑ Dockage. fuel. and marne 5upolies J - ❑ Dockage 11wet slips only number of slips ❑ Dry storage number of vats Boat mmptsi. number of boat'anios k ❑ Other piease descrbe { IIOCK the or000sed ryoe of Sting D Land mt and access channal ❑Open water dredging `or Dasin indoor �hannei HOcan water rim drWging -equired ❑ether .^.lease describe s Tip4al Doat ergth 32 i m i� Will the `nobly lave as ahngs' ]Y3s $)NO tot If res ^umber oi?e oihrgs' Describe the apical moats n oe :erred a d oper runaooul. Charter ooats sBll DOal6 maed fY08a' pleasure craft I . 1'PlII ;re -acdiry be open to the general muOlin" ]Yes ONO RECEIVED AUG 26 2021 DCM-MHD CITY .-..--_.._ _.--- _..-__. ..> ravitiod; 12,27 06 Form DCM MP-4 (Structures, Page 2 of 4) a Check each of the Following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons, Number Location. ❑ Showers ❑ goatholding tank pumpoub 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 trom boats be Controlled) R�G�,toJ�-D JUL 1 3 2021 e p) Give the location and number of 'No Sewage Discharge' signs proposed id Give the location and number of 'Pti mpout Avallable' Signs proposed f Descnbe :he special design. if applicable, for containing mdusinal type pollutants, such as paint, sandblasting waste and petroleum products g Where mill residue'rom vessel maintenance be disposed pP Give the number of channel markers and 'No Wake'siges proposed Give the ;oration of fuel-nandlmg facdmes, and describe the safety measures planner :o Jrolen area 'water quality I What will oe the marna nokcy on ovemght and Itve-alloaid dodkage' k Describe desigo measures that promote boat basin dusting' !f this project is an w0ansion pf an avatirg manna, what types of sarvicea are currently provided" T is :he merraidockmg facility or000sed within a ormarr or secondary nursery area' games =No RECEIVED .r.. a.. •.... .. ciao rein rev.. ...._.. ......-r...�.....+....•...• ravla": 1127 06 DCM-MHD CITY ` Form MP-4 (Structures, Page 3 of 4) R cL,I J C f) n Is the manna/dockng facility proposed within or adjacent to any sheareh harvatr ep area? 1•••, QY�UL 1 3 20�� ee ONO o Is the manna/docking facility proposed within or adjacent to coastal wetlandslinarsh (CM. submerged aquatic vegetation (SAV). shell boti (SB). or other wetands (WLf7 It any boxes are checked, provide the number of square feet affected C ❑CW ❑SAV ❑SB �CrM- ❑WL ❑None p Is the proposed manna/dockmg reality located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the lassehoMer(s), and give the proximity to (he lease a (i) Is Me boathouse structure(s). ❑Commercial ❑PubliclGovernmenl ❑PnvateiCommundy ,h) Number trip Length av) Width _ AIM. Roo/ed areas are cs Wated From Marine ]imensrons. a ii) Number tih) Length iia) Width a Length b Average distance from NHVV NWL. )r aeaands Slaxvnum Lsrance Deyond NHV/ NWL )r Hellands a Is die slnrdurorel ❑Commercial ]PubmiGovernment ❑Prwete,Con munm/ Distance to oe pieced beyond snorelire NOW TNS Snould is mea,Sureo iom marSn alga AnreSBnt a Arc )f lbe swing _ 7. GENEM o Number d Descnoson it ouoy •color inscription size arChor at: i RECEIVED ?52.8J&y903 I.dad-1 aCci i3': ti•n•ry..�4flgaar;aLme.na$amn.h ro[ ravuad: 122^" DCM-MHD CITY Form OCM MP-4 (structures, Page 4 of 4) 3 Proximity of structure?$) to adjacent riperan property lines 30' Note For buoy orrrwnng piling, use arc of swing imItAffrig length of Vessel - Width of water body 11549 e (i) Will navigational aide be required as a result of the piolectl OYes ®No [INA (it) If yes, explain, vAlat type and now they will be implemented RILL .1 - C, r- NED I b Proiamity of structure(s) to adjacent docking faolifieS JUL 13 2021 50'-125' d Water depth at Mterwand and of structure at NLW or NWL -3.6 (M low tide a Give complete description I request permission to extend my permitted pier approximately 100'beyond the current permitted distance and build a 24'x 32' covered platform and Tx 32' floating dock, along with two 16 x 15boallifts. RECEIVED AUG 26 Z021 DCM-MHD CITY 252-8013-23-36 :: &Nt June 25, 2021 To: NC Coastal Management/LAMA Attention: Sarah Loeffler — field agent 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 Dear Ms. Loeffler: RECEIVED JUN2a2021 tJl✓M-EC Please accept this CAMA major permit application for construction of a private pier, platform, floating dock, with two boatlifts, at my property located at 1928 West 5' Street, Kill Devil Hills, NC. Enclosed is my completed permit application for your review. The platform size requested is to accommodate golf cart access, golf cart parking, storage of boating items/supplies and a fish cleaning station which would all be located beneath the roof. The pier length being requested is to allow for safe passage of larger vessels to and from the facility during periods of lower water. Water depths at the end of the dock range from -3.3' to -3.5' at normal/average low water. As I have designed, the total length of the facility would not exceed the one - quarter width limitation. If you have any question about the material enclosed or if you need to reach me for any other reason, you may do so by phone (252)-945-8625 or by email: brian@markerl7marine.com. Sincerely, Brian Forehand for Forehand Beach Front Properties, LLC 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 C WA 401 certification request within the applicable reasonable period of time. RECEIVED AUG 26 2021 DCM-MHD CITY �0 BK 2474 PG 894 - 895 (2) This Document eRecorded: Fee: $26.00 are County, North Carolina Qheryl L. House, REGISTER OF Dare County Land DOC# 700093896 03/01 /2021 0434:21 PM Excise Tax: $1,420.00 Transfer Tax: $7,100.00 DEEDS Onsfer No.: 982-21 Land Transfer Tax: 7100.00 1985 Sessions Law Chapter 670 (HB 215) O 0, NORTH CAROLINA Excise Tax SI,420.00 (0� LT# Land Transfer Tax: $7,100.00 Parcel Identifier No. 002161059 Mail after recording to: Gray & Lloyd, LLP 3120 N. Croatan Hwy., Ste. 101, Kill Devil Hills, NC 27948 This instrument was prepared by�ura F. Meads, 106A Ascension Drive, Kitty Hawk, NC 27949 F34366 HISff�ED made this 1 day of March, 2021 by and between GRANTOR \� Elizabeth `. 1Constanzer, divorced and not remarried RECEIVED �(� PO Box 1176 JUN 2 0 2021 Kill l] l Hills, NC 27948 _ _CM EC_. O (QRANTEE RECEIVED Y Forehand Rea roperties, LLC AUG 26 2021 PO Box1�5kt)`793 DCM-MHD CITY Wilmington, NC 28404 The designaton Grantor and Grantee as used herein shall include saijb roes, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required text. WITNESSETH, that the Grantor, for a valuable consideration paid by I Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and con4rx unto the Grantee in fee simple, all that certain lot or parcel of land situated in Atlantic Township, Dare County, North Cayhna and more particularly described as follows: �V Lots No. 58 and 59, of the subdivision known as Wright's Shores as shown on a map or plat thereof made by Baldwin & Gregg, Engineers, dattd October 12, 1970, and recorded in Map Book 4, Page 33, Public Registry of D&ounty, North Carolina. Submitted electronically by "Gray & Lloyd, LLP" in compliance with North Carolina statutes governing recordable docQents and the terms of the submitter agreement with the pare County Regist®of Deeds. Lir\ L'Y r't r V V.7.J LJ\.J\.,Tr r VVV.7JV.7V This instrument was prepared by Laura F. Meade, a licensed North Carolina attorney. Dellnqusnt taxes, if any, to be paid by the dosing attorney to the county tax collector upon disbursement of dosing proceeds. Oyl�\ " a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 1507 Pattli'6, Dare County Registry. A mapeiowing the above described property is recorded in Plat Book 4, Page 33, and referenced within this instrument. The abov�rtd�scribed property ❑ does ® does not include the primary residence of the Grantor. TO HAVE AO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee ple. And the Grantor p ants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, t title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the I 1 claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property he"* ova described is subject to the following exceptions: Ad valorem taxes for 2021 and all subsequent years. Easemer.cs and restrictions appearing of record in Dare County Public Registry, IN WITNESS WHEREOF, the G"mor has hereunto set his hand and seal, or If corporate, has caused this Instrument to be signed In Ile lct porate name by its duly authorized offlcar(sL the day and year first above vvrftten. O (SEAL) (ENTITY NAME) Elizabeth A. nstanzer By: (SEAL) Title: Title: On NORTH CAROLINA �� r� CONY I certify that the following person(s) personalty appeared to me this day, each acknowledging to me that he or s e signed the forego cigg document. Elizabeth A. Konstanzer. WAn �{rty hand and official stamp or seal, this the day My Gomm:ssion Expires: 0 l it % I V NNanaurggrr _Aont M. Hi.9r, Notory Public Dal* County r l' IyPubic ���/ Prirl&taryName: J e W 1 L14 - !"(ee . 11 141( O Ile, d O RECEIVE® JUN 2 8 2021 AUG 26 DCM.MHD CITY „WA)21 Tax Certification - Real Property RECEIVED 0 County of Dare July e 9p Real Property Tax Certification 00 ram. m Certification Report as of 2021-06-08 -includes interest for current month Dore County is authorized under Sti985-525 to levy on excise tax of r CAR 1 % on certain instruments conveying real property. PARCEL: 002161059 PIN: 987412-97-6470 LOCATION: 1928 W FIFTH ST DEED: 2021-03-01 DISTRICT: KILL DEVIL HILLS BK/PG:2474/0894 DESCRIPTION: WRIGHT'S SHORES LOT: 58 & 59 BILK: SE CURRENT OWNER: FOREHAND BEACH PROPERTIES LLC Special Conditions/Assessments: ----- J U N 2 8 2021 DCM-EC 2020 Property Values: REAL ESTATE: 616,000 PERSONAL: 13,960 EXEMPT: Q ASSESSMENT: $629,960 PRINTED: 06/10/2021 TOTAL TAXES DUE: $0.00 Listed Owner Year Bill Ref Orig Amt Adj Amt Orig Pd Activity Int Poll UnPd Bal Int Amt Taxes Due Date Refund FOREHAND BEACH PROPERTIES LLC 2020 17042 4538.86 0.00 4538.86 2020-12-29 0.00 0.00 .0 0.011 0.0 KONSTANZER, ELIZABETH A 2019 2743 4069.93 0.004069.93 2019-12-19 0.00 0.0 0.00 0.00 KONSTANZER, ELIZABETH A 2018 2735 3980.5 0,0 3980.5 2018-12-26 0.0 0.00 0.0 0.0 KONSTANZER, ELIZABETH A 2017 2715 3869.89 .0 0.01 3869.81 869.8 2017-12-29 0.0 0.00 0.00 0.00 KONSTANZER, ELIZABETH A 2016 2696 3687.97 0,0 3687.9 1 2016-12-20 0.0 0.00 0.00 0.00 KONSTANZER, ELIZABETH A 201s 2696 3687.97 0.00 3687.91 687.9 2015-12-22 0.0 0.00 0.00 0.00 KONSTANZER, ELIZABETH A 2014 269 3551.53 0.00 3551.5 2014-08-1 0.0 0.00 0.00 0.00 KONSTANZER, ELIZABETH A 2013 2692 3503.89 0.00 3503.8 2013-1 0.002-31 0.00 0.00 0.0 KONSTANZER, ELIZABETH A 2012 2672 2852.84 0.00 2852.84 2012-12-31 0.0 0.00 0.00 0.00 KONSTANZER, ELIZABETH A 2011 2673 2742.05 0.00 2742.5 2012-01-25 0.00 0.00 0.0 0.00 KONSTANZER, ELIZABETH A 2010 2673 2686.66 0.0 2686.6 2011-01-05 0.00 0.00 0.00 0.0 THIS PROPERTY HAS A DEFERRED VALUE OF $0 I certify that in accordance with General Statute 105-361 the above is a true statement of the tax and assessment status of the property and individual (s) listed above that are in my hands for collection. Disclaimer: This certification is for the above printed parcel, only. Personal property should be checked by the owners name or business name and printed separately. Water Assessments and/or Forecluwre> will be linked under special Conditions and should be printed separately. The Tax Collector shall not be liable on the Tax Collector's Bond for any loss arising from an understatement of the tax and special assessment obligations contained in the information available on the internet web site if said loss is due to failure on the part of the person obtaining the certification to follow the special instructions, procedures, and notifications provided for in the disclaimer posted on the internet web site as authorized pursuant to this section. Taxes, special assessments, penalties, interest, and costs due on any real or personal property but not paid as a result of failure on the part of the person obtaining the certification to fotlow the special instructions procedures, and notifications provided for in the disclaimer are still due and the Tax Collector may adopt additional procedures for collection of said unpaid taxes, special assessments, penalties, interest, and costs. Statement Date: 2021-06-08 Total Taxes Due: $0,00 RECEIVED AUG 26 2021 Becky Huff, Tax Collector hops//tax.damewntync.gov/lcr.php?parcel=002161059 DCM-MHD CITY t/t ■ Complete Items 1, 2, and 3. A. •Print.your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the maliplace, 9. or on the front it space Perrnhs. brc'tr'! CIS]'Fe'61 it( rrrn C*Ox Odzt p��, , III�IINIIIIII�IIIIIIII'IIIIIIIIII'Illllflllll 0Aduft ambkMDamy ❑�ed�lI114AMId 9590 9402 6593 1028 4284 20 a Da` W oetFeted D*My o 6018tu a Do rar.alio - 2 Anlcle Number(pmMarean 11W./abep UCmoet on1 1= nvtdcled Deasy nlat&I"DeNeq ry 7021 0350 7' _•.•+viaoavkmdoemry 0000 6963 8637 n IS Form 3811, July 2020 PSN 7tigo o2--DDg-gW - Domostlo petum RaDapt ; ■ Complete items 1, 2, and 3. 11B. ■ Print your name and address on the reverseso that we can return the card to you.■ Attach this card to the back of the mallplece, or on the front If space permits. S"IGv\ pNv��S I 0 &)) ,, 3 /Ja)s IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII 9590 9402 6593 1028 4284 13 9 Gr11rI�Ninvevr/riwes/xryrnm,aen'knbrrwn 7021 0350 0000 6963 8569 PS Form 3811, Jury 2020 PSN M-02-000-91W3 D. Is deta N YFS, N service type Ad,119yuten Adult SW. aaablmed 0*,Wy CGaeMd Mole Cokatd on Dewry cbMWe0 DNNery COW gvery n.et ee oeivan neaMcted Delivery Mall Mall aWbkhd IleTerY ❑ Agent ❑ No Domestic Return Receipt ; t ❑ Agent R—eceh,ad byr;�A�nitegNar� n I C'/Dsteot,petiv� 1 L � !s L b dNivery erldrasa`dyM\`(erent1 Item 1171J�/•❑�fY)LBBIL �"�i._—CEI V I_�. If YES, enter dallvery address below: ❑ No 0 2021 lUL 0 DM-EC C RECEIVED AUG 26 2021 DCM-MHD CITY r- m .n CO m v B B I V a r-a & .n OeWadMINFes u' 3 -n l Ira .,I.s & Fe"(MM.Y II aw" O [,nulum Ri .111 ma4w1/j a C, ❑r WrnnmmPI(aloa 10) { II I ❑ewsw M.Il neeinnae oaNwr a $Il.11fl O ❑won swnmuro noamred 6 ❑na�n swlnwre ne:vwaao.aiwya -. Patage 41I, 95 M 13 Total stage and!/! Oil ru r alree)a�u 20 Pa NWk Ilan 06/2t/2U21 To: Geoffrey Fountain 2002 Bay Drive Kill Devil Hills, NC 27948 Dear Mr. Fountain June 25, 2021 IAJOR PERMIT APPLICATION 11PARIAN NOTIFICATION FORM I�"E"I EIVED JUN 2 a 2921 DCM-EC Forehand Beach Properties, LLC is applying for a CAMA Major permit to build a private pier and dock at 1928 West 5`h Street, Kill Devil Hills, NC, adjacent to Kitty Hawk Bay, Dare County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Sarah Loeffler CAMA Agent, 40.1 S. 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 252-945 8625, or e-mail me at brian@markerl7marine.com Sincerely, Brian Forehand for Forehand Beach Properties, LLC RECEIVED AUG 26 20 DCM-MHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Forehand Beach Properties LLC. C/o Brian Forehand Address of Property:1928 W 51h Street Kill Devil Hills NC Dare Co (Lot or Street #, Street or Road, City 8 County) Agent's Name #: Brian Forehand Mailing Address: PO Box 10793, Wilmington NC 28411 Agent's phone #: 252-945-8625 Agent's email: brian(Mmarkerl7marine.com 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 letteO I have no objections to this proposal. I have objections to this proposal. If you have objections to whatis beingproposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. 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, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by mREC E' VE D wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. JUN 2 8 1821 I do not wish to waive the 15' setback requirement. ID CM _ E C (Property Owner Information) Signature Forehand Beach Properties LLC Print or Type Name PO Box 10793 Mailing Address Wilmington, NC 28404- Cdy/State/7ip 252-945-8625 Telephone Number June 20, 2021 Date (Adjacent Property Owner Information) Signature Geoffrey Fountain Print or Type Name 2002 Bay Drive Mailing Address Kill Devil Hills, NC 27948 City/state/Zip Telephone Number Date RECF" "-- Revised 6118/ Ue 2 b DCM-MHD CITY Ln m 0 0 0 0 0 Ln m 0 a ru O M1 June 25, 2021 IAJOR PERMIT APPLICATION 21PARIAN NOTIFICATION FORM To: Susan Reynolds PO Box 1553 Nags Head, NC 27959 Dear Ms. Reynolds: RECEIVED JUN 2 0 2021 DCM-EC Forehand Beach Properties, LLC is applying for a LAMA Major permit to build a private pier and dock at 1928 West 5t° Street, Kill Devil Hills, NC, adjacent to Kitty Hawk Bay, Dare County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Sarah Loeffler CAMA Agent, 401 S. 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 252-945 8625, or e-mail me at brian@marker17marine.com Sincerely, Brian Forehand for Forehand Beach Properties, LLC RECEIVEr' AUG 26 DCM-MHD CITY CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Forehand Beach Properties LLC, C/o Brian Forehand Address of Property:1928 W 5t' Street, Kill Devil Hills NC, Dare Co (Lot or Street #, Street or Road, City & County) Agent's Name #: Brian Forehand Mailing Address: PO Box 10793, Wilmington NC 28411 Agent's phone #: 252-945-8626 Agent's email: brianCa4morkerl7marine.com 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 thiilitter 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. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845, DCM representatives can also be contacted at (910) 796-7215. 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, breakwater, boathouse, lift, or groin m�iEIVFD back a minimum distance of 15' from my area of riparian access unless waived by m nfT0y wish to waive the setback, you must initial the appropriate blank below.) JUN 2 a 2021 I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Sig�natu�re Forehand Beach Properties LLC Print or Type Name PO Box 10793 Mailing Address Wilmington, NC 28404- Cdy&tate0p 252-945-8625 Telephone Number June 20, 2021 Date DCM-EC (Adjacent Property Owner Information) Signature Susan Reynolds Print or Type Name PO Box 1663 Mailing Address Naas Head. NC 27959 City/Stateaip Telephone Number Date RECEIVED Revised6Har209G 26 2021 DCM-MHD CITY U n C c� M n z l N v m 9 f1 s m U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only .� For delwery information.visll n... ...en�:.e ... ......... ____ USE-o c.nnba n�au rv. rr $ rvies .s ferfea.dl�r iM n 0IYemN.upfyr^af9 c an ' poom p ❑r +we ur n.w.raor,.,r c—(.;� fan o Oran saw.. A++eor+rc Ln m o rqn 'y;::._. _ 1u s"" )YS:�n Ito S r_ m m m tr 0 O 0 0 0 m 0 Iq ru 0 rr UNITED STATES J POSTAL SERVICE. MAGNOLIA 8207 MARKET ST STE P WILMINGTON, NC 28411-9192 (800)275-8777 06/21/2021 05:03 PM ------------------------------------------ Product Oty Unit Price Price ------------------------------------------ First-Class Mail• 1 $0.95 Letter Nags Head, NC 27959 Weight: 0 lb 2.60 oz Estimated Delivery Date Thu 06/24/2021 Certified Mail• $3.60 Tracking #: 7021035000DO69638569 Return Receipt $2.85 Tracking #: 9590 9402 6593 1028 4284 13 Total $7.40 First -Class Mail• 1 $0.95 Letter Kill Devil Hills, NC 27948 Weight: 0 lb 2.60 oz Estimated Delivery Date Thu 06/24/2021 Certified Mail• $3.60 Tracking #: 70210350000069638637 Return Receipt $2.85 Trackirg #: 9590 9402 6593 1028 4284 20 Total $7.40 ------------------------------------------ Grand Total: ------------------------------------------ $14.80 Cash $20.00 Change -$5.20 Oj *5HaF`; "-,O-o eD 51 I N 2021 WaA-ev was vvu&6u.v-ed }o [it a boo CIZ°) low ay. 4t,14s dad. (ACtOVAU1 4b bavhoctz Gv,e w U aid Conw-vSuHay. w,'w` ►u; v ohs�re) "rhlss kXt+n 1WO coV�Sialu Qit`aVl wTu►� Yt�s V�ve w►Rasuv`ed. RECEIVED AUG 26 2021 DCM-MHD CITY RECEIVED MAJOR PERMIT FEE MATRIX Auulicant' I lir 4 t L�r f1�L ' I✓� �C�� LLC AUG 26 2021 DCM-MHD CITY LWjdQMJW&&QM Selection Development Type Fee DCM % (143001601 43s100o931626 6263) DWO % (243001602 435100005 2341) I. Private, non-commercial development that does not $250 100% ($250) 0%($0) involve the filling or excavation of any wetlands an water areas: blic or commercial lopment that does not $400 100% ($400) 0% ($0) e the filling or ation of any wetlands oven water areas: r Modification to a T $250 100%($250) 0% ($0) A Ma'or rmit or development that ves the filling and/or vation of up to 1 acre tlands and/or open r areas, determine if A, B. C. or D below applies: III(A). Private, non- commercial development, it $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be a lied: ❑ 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 life: f General Water Certification No. $400 60% ($240) 40% ($160) 4[Fiinvolves see attached) cannot applied: development that the filling and/or $475 60% ($285) 40%($190) excavation of more than one acre of wetlands and/or o en water areas: NC Division of Coastal Management 1415 5 C D Cashier's Official Receipt 41 Date: 'r �� 20 Received From: ✓ Vt Al 1 ooeY amd $ 250.0c) Permit No.: V P� INw" U (� ��1 e, Check No.: , 2C)&8 Applicant's Name /j oyck UpAdA f1�yhl , LLC County: D[A(L Project Address: I q` f3 We �)'� ' r e r t A 6hv +'- j LL p�gAJ1 l q; I � /, 21gge Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: r/"� r►'VLt IL Signature of Field Representative: Date: Date: � -_ PFCEIVl=D AUG 26 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director TO: THROUGH: tlu DATE: NORTH CAROLINA Envlronm utfal Quality MEMORANDUM Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City Ron Renaldi, Northeastern District Manager 12Ak Division of Coastal Management, Elizabeth City Sarah Loeffler, Field Representative _!9�7wki Division of Coastal Management, Elizabeth City August 25, 2021 RECEIVED AUG 26 2021 SUBJECT: Forehand Beach Properties, LLC; 1928 W. Fifth Street, Kill Devil Hills DCM-MHD CITY Major Permit Recommendations The applicant proposes the construction of a 75'x6' extension to an existing pier ending in a fixed 24'x32' covered platform. The applicant is also proposing an additional 8'x32' floating platform and two 15'x15' boat lifts adjacent to the proposed docking facility. A small 10'x4' pedestrian gangway is proposed to connect the fixed platform to the floating platform. The site of the proposed development is located 1928 W Fifth Street, Lot 58 and Lot 59, within the Wright's Shores subdivision. The property is within the Town of Kill Devil Hills in Dare County, and is adjacent to Colington Creek which leads to the Roanoke Sound. The proposed development involves the Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AEC's). 1 have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 1 I i ► l: � ea r 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 applicant proposes to construct a pier extension, platforms, and boat lifts. This sub -paragraph considers these structures as water dependent. D _EQ� North Carolina Department ofEnvlronmentalQuality I Division of CoastalMenayement Elizabeth City Me 1 401 South Griffin Street, Sulte 300 I Ellzabeth City, North Carolina 27909 �.,�w+s� /'� 252.2643901 Forehand Beach Properties, LLC August 25, 2021 Page 2 of 4 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 of submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The development is designed to not interfere with shellfish beds, submerged aquatic vegetation (SAV), and/or spawning and nursery areas. The location is not within any primary nursery areas and is closed to shellfish taking. Although SAV was observed growing in the project area, the extended length of the pier should place the docking facility in an area with sufficient water depth lowering impact on SAV. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development will not violate water & air quality standards. 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: There are no known archaeological or historical resources on the property. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: It does not appear that the development will measurably increase siltation. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: It does not appear that the development will create stagnant water bodies. 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 will have minimum adverse effects on the life cycles of estuarine resources. 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: Although the pier length proposed is longer than the established pier length along the same shoreline, it is not significantly such that it would pose a threat to navigation in that area. RECEIVED AUG 26 2021 North Carolina Department of Bwho tal Qus@y I WelunufContd Matnp wnt Ellahetharyonloe 1 40SouthGrMStrm,5Yah3oo I mnbeuhaf,Nonhc tB6iMoMHD CITY vu 2sZ2M3901 Forehand Beach Properties, LLC August 25, 2021 Page 3 of 4 Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (6) Piers and Docking Facilities pertain to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (b)(6)(A) states that piers shall not exceed six feet in width. Consistent: Both the existing pier and the proposed pier extension are 6' in width. Paragraph (b)(6)(B) states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight 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. Consistent: The shoreline of the property is t 136 feet in length allowing for 1,088 W of shading impact. The proposed platforms will shade 1,024 W. The square footage of the boat lifts and PWC lifts is not included as they are uncovered. Therefore, the total area of applicable shading impacts will be less than 1,088 ft2. Paragraph (b)(6)(C) states 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 development will not impact any wetlands. Paragraph (b)(6)(D) states a boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Consistent: No boathouse is proposed with this development. Paragraph (b)(6)(E) states 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: There are two boat lifts proposed with each one enclosing 225 ft2. Therefore, individually,neither of the proposed boat lifts exceed 400 ft2. Paragraph (b)(6)(F) states piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow for second story use. Consistent: The proposed docking facility is all single story, including the roofed platform. D Q�3 RECEIVED North Carolina Department of Environmental Quality I Division ofenstal Muup Elizabeth City OfDce 1 401 South Griffin Street, Suite 3001 Elizabeth City, North CtlU&Uog? 021 252.2643901 DCM-MMD CITY Forehand Beach Properties, LLC August 25,2021 Page 4 of 4 RECEIVED AUG 26 2021 Paragraph (b)(6)(G) states piers and docking facility length shall be limited by: DCM-MHD CITY (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use. Inconsistent: The proposed docking facility length is beyond that of the established pier length along the same shoreline. The reason given for this is to reach deeper water for docking boats and to reduce the impact of the proposed development on SAV beds. (ii) not extending into the channel portion of the water body. Consistent: The pier will not be extended into the channel portion of the water body. (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Consistent: The estimated width of the adjacent waterbody at the project location is estimated to be ± 1,530' across. The proposed docking facility will not be extended beyond ± 300' and is below one-fourth the width of the natural water body. Paragraph (b)(6)(H) states piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of 1 foot each 100 foot increments of length longer than 400 feet. Consistent: The proposed pier is less than 400 feet. Paragraph (b)(6)(1) states 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 owners area of riparian access. Consistent: The proposed boat lifts located on the northern and southern sides of the docking facility will be ± 41' from the southern and ± 33' from the northern property lines and will not encroach within the 15' setback. Paragraph (b)(6)(J) states 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 location of the proposed development is adjacent to Colington Creek and is closed to shellfish taking. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application & plans, 1 recommend a permit be issued to Forehand Beach Properties, LLC for the development as proposed. DE Q� North Carolina Department of Environmental Quality I Dlvlslon of coastal Management _ Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 ^�� 252.264.3901 4 Colington Creek width of waterbody ` 1,530' '4 width limitation ` 382' 8' x 32' floating dock -3.6' NLW i Top View Drawing Prepared try: Brian Forehand Address: 1928 West So Street, kill Devil Hills, NC Sheet 1 of 2 Date — 6/2Q/2021 Scale: V = 5(Y D t revised — 7-12-2021 15' < li ooadift� • _ ' r. 15' x 15' ooatlift Slip 2 . Slip 1 Approxima[e Ripar'an Corridor Setback , -3.3 NLW 24' 32fixed platform (drip edge) approximate Ripar'an Corr'dpr I • 7H I f 300 I •2.5' NL% a e 9-2le'2021 .5NL- Approximate Rioarian Corridor Setback .Appr.ziima[e A parian Corridor RECEIVE` AUG 26 2021 DCM-MHD CITY �i . -Y!SDn33Wkne ad _yy'h �i !30' :,,,rend^d 3aac) 'Oe-es RECEIVED AUG 26 202, DCM`MHD CITV Coss Serlinn Drawing Prepared by: Rrian Forehand Address: 1928 West ij* Street, Kill Devil Hill:, Mr - Sheet 2 of natP b/20/2021 Date revised — 7-12-2021 ScAIP: V - 50' 24' x 32' covered platform gazebo 6' x 270 access pier 'Q RECEIVED JUL 1 3 2021 DCE ,A. M v� --� t lifts' Nnrm.it High Waler Norrn Al Inw WaI" 8' x 32' floating platform Q r; ti i� t %urnt Island ,t t t CSioop Island 4 Google Earth 2021 Gxogle In ge G 2021 Terralvbirics ►' , — &'W— "r r DCM Coordinator: Greg Bodnar Distributed Yes No O Applicant: Forehand Beach Properties, LLC Distribution Date: 8/26/2021 AGENCY ECRO Community Development/LPO Donna Elliott— KRI Devil Hills DCM Planner Charlan Owens ElizCity US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort, Carteret Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Clif Whitfield Marine Fisheries lames Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Samir Dumpor Storm water - Roger Thorpe DW R 401- Chris Pullinger WRC Maria Dunn (WARD) National Heritage Program Rodney Butler RECEIVED AUG 26 2021 DCM-MHD CITY Revised : 6/29/2018 w1ul"91 ware uounly rare i uala This imp is pmpesed from data used (of the inventory of the real property for tax proposes. Prhnmy information sources weh asworded deeds, pbes, wills, and b. prim ry public icsmds Anxild be conwlled for verification of the Information contained in this mar Al"JIA I RECEIVED AUG 26 2021 DCM-MHD CITY RECEIVED JON 2 g 2921 DCM-EC Us Mlrsa�Ntasana AaranwsNswsr m..HMY+ITds Of iwmci sere t,ouruy raruo: vata bolo 44, RECEIVED AUG 26 202' DCM-MHD CITY JUN 2 0 2021 I-0 01111 4,u �, a —o,,ny race, naia RLECEIVED JUN 2 0 2021 DCM-EC RECEIVED AUG 26 2021 DCM-MHD CITY