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
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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as complete on August 6, 2021, has been withdrawn from processing.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
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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
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DWR—Public Water Supply
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DEMLR — Stonnwater
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DEMLR — Sed and Erosion
DOA — State Property Office
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Wildlife Resources Commission
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DMF — Shellfish Section
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DMF — Habitat & Enhancement
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DNCR— Archives&History
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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
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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(
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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.
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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.
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b dNivery erldrasa`dyM\`(erent1 Item 1171J�/•❑�fY)LBBIL �"�i._—CEI V I_�.
If YES, enter dallvery address below: ❑ No 0 2021
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RECEIVED
AUG 26 2021
DCM-MHD CITY
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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
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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
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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
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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
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DCM-EC
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RECEIVED
AUG 26 202'
DCM-MHD CITY
JUN 2 0 2021
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RLECEIVED
JUN 2 0 2021
DCM-EC
RECEIVED
AUG 26 2021
DCM-MHD CITY