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HomeMy WebLinkAbout121-20 Darling, RoxyI Permit Class Permit Number NEW 121-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 1 I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Roxv R. Darling, 936 Waterlily Rd., Coiniock, NC 27923 Authorizing development in Currituck County at adj. to Currituck Sound. at 936 Wined illy Rd. in Coiniock , as requested in the permittee's application dated 7/22/20, including attached workplan drawings (3) Sheets 1-3 of 3 all dated 5/14/20. This permit, issued on December 23, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )r tnese terms may oe suoject to lines, tmprtsunmcur yr c,v„ acuvu, v, may vaaa,. u. t ....., , ».. ».. .». Breakwaters 1) The four (4) breakwaters shall be constructed in accordance with the alignments depicted on the attached workplan drawings. 2) The height of the permitted breakwater shall not exceed 4 foot 2 inches above the normal water level. 3) The breakwater shall be constructed with an equal gap between each sheathing board totaling at least two inches of open area for every two linear feet of breakwater. The breakwater sections may be staggered and overlap as long a five-foot separation between sections is maintained. (See attached sheet for Additional Conditions) This permit action may be appealed by the pennittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the secretary or uty ano me unair of the Coastal Resources Commission. Z-///71-�� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. ' ECEIVED S i g n.M a &QV'fte CITY I Roxy R. Darling Permit No. 121-20 Page 2 of 2 ADDITIONAL CONDITIONS 4) The permitted breakwaters shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. 5) No backfill of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. 6) Should the Lot to the north be sold prior to the initiation of construction of the breakwaters, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the breakwaters within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the breakwaters. 7) Perpendicular sections, return walls or sections which would enclose estuarine waters or public trust areas shall not be allowed under this permit. 8) The permittee shall maintain the breakwaters in good condition and in conformance with the terms and conditions of this permit or the remaining breakwater structures shall be removed within 90 days of notification from the Division of Coastal Management. General 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the NC Division of Water Resources and the US Army Corps of Engineers. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED JAN %t 2021 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT Applicant: Type: (Check all that apply) New __Y.__ Major Mod Permit Coordinator: Application Processing Notes V, Permit# Minor Mod Renewal -.,.____.. Transfer r Field Representative: Date/Time Message l j 4 V 0aT� 6 bwQ ll'( 1t�� u�3�1 `�15(Zl ot I PSI Vl k c; ((lip (`i k9065-' Iti(� 1 _..................... Permit Class Permit Number NEW 121-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V rr M 1, t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Roxv R. Darling, 936 Waterlily Rd., Coinjock, NC 27923 Authorizing development in Currituck County at adi to Currituck Sound, at 936 Waterlilly Rd in Coinjock , as requested in the permittee's application dated 7/22/20, including attached workplan drawings (3) Sheets 1-3 of 3 all dated 5/14/20. This permit, issued on December 23, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation if these terms may be subject to fines, imprisonment or civil action; or may cause the permit to oe nun ano voia. Breakwaters 1) The four (4) breakwaters shall be constructed in accordance with the alignments depicted on the attached workplan drawings. 2) The height of the permitted breakwater shall not exceed 4 foot 2 inches above the normal water level. 3) The breakwater shall be constructed with an equal gap between each sheathing board totaling at least two inches of open area for every two linear feet of breakwater. The breakwater sections may be staggered and overlap as long a five-foot separation between sections is maintained. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority or the 5ecrelary or uny anu me i,uau of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Roxy R. Darling Permit No. 121-20 Page 2 of 2 ADDITIONAL CONDITIONS 4) The permitted breakwaters shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. 5) No backfill of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. 6) Should the Lot to the north be sold prior to the initiation of construction of the breakwaters, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the breakwaters within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the breakwaters. 7) Perpendicular sections, return walls or sections which would enclose estuarine waters or public trust areas shall not be allowed under this permit. 8) The permittee shall maintain the breakwaters in good condition and in conformance with the terms and conditions of this permit or the remaining breakwater structures shall be removed within 90 days of notification from the Division of Coastal Management. General 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the NC Division of Water Resources and the US Army Corps of Engineers. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM MP-1 APPLICATION for Major Development Permit "'tit (last revised 12/27106) North Carolina DIVI3'OFCOASTAL MANAGEMENT 1. Primary Applicant/ Landowner Inform illon Business Name Project Name (of applicable) Applicant 1: First Name MI Last Name Applicant 2: FltNone MI Lest Name lfadditional applicants, please attach an additional page(s) with names listed. Mailing Address ' -1 W I PO Box City C" State ZIP 2 3 Country s Phone No. T,54- s1Z 5 6160 e)d. — _ FAX No. —. Street Address (if different from above) City Bss ZIP Email 0 I 2. AgenWontractor Information Business Name 1 NL, CQ S' sX- L Agent/ Contractor : First Name 40NA- R MI Last Name tJ Agent/ Contractor 2: First Name MI Last Name Mailing Address PC) Po Box city z "Y clr State NC, ZIP '149o(v I Phone No. t 95D-33i -b313 aid. ._ Phone No. 2 ext. FAX No. Contractor Street Address (if different from above) city State ZIP Email <Form continues on baclo RECEIVED DCHD CITY Form DCM MP-t (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. IF Subdivision Name City State Zip Co,Nil C a Phone No. Lot No.(s) (d marry, allach additional page wNh list) .51 . -5 l � ext. I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project c. Is the water body identified in (b) above, natural or manmede? d. Name the closest major water body to the proposed project site. IidNaturel []Manmade ❑Unknown e. Is proposed work within city limits or planning jurisdiction? 1. B applicable, fist the planning jurisdiction or city limit the proposed Was ONO work falls within. C1-'9 (2( IUCK Cot:)W Lir 4. Site Description a. Total length of shoreline on the tract (ff.) b. Size of entire trace (sq.fi.) (j!YrL gpol9'200 C. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NNWL (normal water level) (if many lot sizes, pleaseaa additional page with a list) ❑NHW or®NWL LI' CX K e. Vegetation on tract l.�FbwIJ, �RNA, AL c'�s �lte�NS I. Man-made features and uses now on trod i I {�lE>Z � t'x-�(-Wi�/1t� 1 ET��(N Ce'�FR�AAt��(►'9 `�(1��Cdl-E. FF1M,► 7x,t�6lCl i=�d 6 g2�ftK cA-�E�2 tk g. Identify and describe the existing land users tthheproposed project site. Moto In. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? 3I n A FAIR 1 l ►-j (Attach zoning compliance certificate, d applicable) I PIES 0-36l—Ti1ftL MPr I ►JLfl N D ®Yes ONO [INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ONO k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ONO ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes &]No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED '1`40 (1c-0) AUG 2 0 2020 C and lvij-if_� CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes BNo (ii) Are there coastal wellands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes []No (Attach documentation, ifavailab/e) n. Describe existing wastewater treatment facilities. -�56poc ReCEIVEd o. Describe existing drinking water supply source. JUL a p � i i COUNT P. Describe existing storm water management or treatment systems.( pp-[ /� E N `f 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment ®Private/Commundy b. Give a brief description of putpose, use, and daily operations of the projecl when complete. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. j ��l/�� 7Z� u G{Lt� /i�1 (��r m�• ilF)1 7�S iJacs ILL l - " ' ZX-DF� v� d. Let all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? A16-k-) f. Whet is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres fT g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes jjjjjNo ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the stale. N046 i. Will wastewater or stomtwaler be discharged into a wetland? []Yes ®No ❑NA It yes, will this discharged water be of the same salinity as the receiving wate0 []Yes ❑No ❑NA }. Is there any mitigation proposed? ❑Yes jjjjlNo ❑NA If yes, attach a mitigation proposal. <Form continues on bacl> RECEIVED CM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (p are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. I It. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authonzed work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waledront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified 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 L7556L- Ng0So,-1 Phone No.-J5+. bjjlj .145G Address 94 0 (JP(—itf_Q tL y Name J0110 j JcL*eC ' Phone No. 25a - 463 � .Z Address 93s1 w4TTE2L•fLL/ Name r T Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiaee, and issuing dales. CAmP, i lazo -L4k1T­0-7-12_429F IS50C-D 121/'lj;lrtk C-ae_T.S Efi-cfK h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed byproperly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands In connection with evaluating Information related to this permit application and follow-up monitoring of the project. I further certify that the Information provided In this application is truthful to the best of my knowledge. Date JUW2212c/.X-Q Print Name' '___�qRLIIJEs Signature �4_ l6 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information EIDCM MP-5 Bridges apd Cultrerta ❑DCM MP-3 Upland Development b"r leceived [ZDCM MP-4 Structures Information JUL 2 J iliPO RECEIVED DGM-EL AUG 2 p 2020 DCM-MHD CITY Form DCM MP-4 STRUCTURES deceived (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marine: ❑Commercial ❑Public/Govemment ❑Private/Community XThls section not applicable b. (i) Will the facility be open to the general public? []Yes []No c. (i) Dock(s) and/or piers) it. (I) Are Finger Piers included? ❑Yes []No (ii)Number Nyes: (iii) Length (ii) Number (iv) Width (iii) Length (v) Floating []Yes []NO (iv) Width (v) Floating ❑Yes []No e. (i) Are platforms included? []Yes []No I. (i) Are BoalliNs included? []Yes []No If yes: N yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes ❑No Note: Rooled areas are calculated from dfipline dimensions. g. (1) Number of slips proposed In. Check all the types of services to be provided. ❑ Full service, including travel lire and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of ailing: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel []Open water; no dredging required []Other, please describe: k. Typical boat length: in. (i) Will the facility have lie pilings? ❑Yes ❑No (ii) N yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). (i) Will the facility be open to the general public? []Yes []No RECEIVED AUG 2 0 2020 DCM-IMHD CITY Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boalholding tank pumpoul; Give type and location: b. Describe Irealmenl type and disposal location for all sanitary wastewater. Received C. Describe the disposal of solid waste, fish offal and trash. D ME " d. How will overboard discharge of sewage from boats be cordrolled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (a) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number o1 channel markers and "No Wake" signs proposed. t. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. Whet will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin gushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED AUG 2 0 2020 DCM-MHD CITY Form DCM MP-4 (Structures, Page 3 of 4) Received m. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes ❑No JUL l 1 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No 0.Jl,�Vf•.r:..�. o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked• provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered Ilfts) IAThis section not applicable a. (t) Is the boathouse structure(s): ❑Commercial ❑PublictGovemment ❑Privale/Community (it) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheelpile, etc. It a rock groin, use MP-2, Excavation and Fill.) ATMs section not applicable a. (i) Number (ii) Length (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) a. Length y Ise) 1V (4A� }vial c. Maximum distance beyond NHW, NWL orwetlands ITN ❑This section not applicable b. Average distance from NHW. NWL, or wetlands �lartca(a� i.r .-IIcl).fr.r.. ]'+aav 16. MOORING PILINGS and BUOYS JA This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED AUG 2 0 2020 DCM-MHD CITY Corm DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines TO i'K rtgl�� .'110 40 ti'-SdJYv�' Note: For buoy or mooring pMrg, use arc of swing including length of vessel. c. Width of water body Eat&=LSo+.1ts, SEz+4.S+o11+.•lsf e. (i) Will navigational aids be required as a result of the project? ❑Yea OQNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. a,,, d, Water depth at waterward end of structure at NLW or NWL ('':�l IN 2 ) IX I 8. OTHER ❑This section not applicable a. Give complete description: Date T ' .2 Project Name 12C%A•js2.1:w U Applicant Name !i� uX 11 J�>Lt12 Ll N_ cr Applicant Sign P ure RECEIVED AUG 2 0 2020 DCM-MHD CITY CONSTRUCTION ENGINEERING_l�es�,�►t�_F�es,-_23Leylrl.cuuy����__.___. SERVICES, INC. afEErHo._______.(___. OF P.O.Box 252 473-97 3 27954 CALCUUTEDBY_H�_._. ___ DATE_ (252) 473-9733 FAX (252) 473-4191 CHECKED BY_ _ DATE SCAIE� a3 PROPOSED BREAKWATER :t710nC. OD % OD AOO9 Lf TO EXISTING SUBMF OED ORFAKWATFR '�' X G\: �j CURRIRXX SOUND % uD I 7 0' "%'/-�.%I57ING S(1BMERC,fU tlRI:AY.WAiER 2' N E)GSIING PIER W 4 f ROPoSEO DREAKWAIF.R GROIN TO BE9' I.ONfi RD/OVED COMING OULKHEM N/F I 4 - �OPOSFO BRI'AKWAIFR 9'I ONG RUSML G. HANSON, R. LMS W. HANSON I G.B. 244. Pg. 711 I I I I N 10. F__2 7' 10.2' LOV. PDRCN I I 28.7' i N� 8.7' I TING N DWF]4M I Mourt I I RECEIVED I 30.2' I I AUG 2 p 2020 978 WATERIA.Y RD. ROXY DARLING DCM-MHD CIT r Received SITE PLAN Jul ; SCALE:1" =20' ML 54•MA GALV. L%}T w NUT 5W6 2 L2 STAMLESS Jam / A WASHER EA, END STEEL LAG SCREW Mr..) � INI•T` c-- RIT T`MDE T RlFINTIERIOCK SG-425 VN1'L SNFET RING FROM r FROM CIr 16 FEET LONG DOWN SP MLCW N.W.L. ALE ON EACH FACE FC►WATER FLp MP.) AT FACN CND 6' W7 DN RT. FILE P 6 c-c 2C LONG • STAGGER 5 c- ON OMISRE FACFS(25 MA) - PLAN OF BREAKWATER n SCALE: 5/4• . Nr � M c fQ E� 0 U t}i G o N f C -� O 6W v.r, CONE. WALE (25 CCA) CAR p�'FESS/p'��y p y. =/ ;Q SEAL OZ '�''i/JAY G)���` S• L�-tee 9 m b a) 0 xNrnmmp Z NNL�iL �iiiy .NVw mm� oW� ymC IY -4.P � 1 pW ZZ— IOWC)Z r N V lO A CONSTRUCTION ENGINEERING SERVICES, INC. ON P.O. Box 665, Manteo, NC 27954 (252) 473.9733 FAX (252) 473.4191 RIP W GAP AT INTERLOCK FROM TOP DOWN II 30` BELOW N.W.I. FOR WATER FLOW (TYP ) SHEETNO, g OF A CALGULATEDBV H-� DATE -5-14-.20 CHECKED SCALE DATE ///--- N4" DIA DAM BOLT N NUT — 6P.T. CONT. WALE EA. 9DE / d WASHER EA E,R1 / OF SHFETS (2.5 CCA) (TYP.) / 0 I I l@) l I I 1 1 I I 1 I 1 1 I I I I 1 ILF 1 OF MST N BULKHEAD I I I I I I I Q 1 1 I Q I 1 1 I lO— L__ I I I I I 1 I I I I I I I I I I I I I I I I I i 1 I I I I I I I I I I I I I 1 � t I I i l I I 1 I 1 I 1 1 I I I I I I I 1 1 I 1 — 1 1 ___. 1 I I I I 1 L-7 L,L�J B"BUTT OiA. GT. PILEPB'cs SG-425 VR11'-SNFET FRRIG T 20' LONG -STAGGER 3'.ro $5 FEET LONG ON MITITE FACES (25 CCA) - ELEVATION OF BREAKWATER SCALE 314" = h0" ReCeil/ed Jul. 2 ;) ; '' 7 DCMTC �� ICARpI//'�i `���•`f�s SRO •'� i o y•y_ ~,/2•a SEAL 9r; 20 48 ;y9� INE�•••�T`� H AUG 2 0 2020 DCM-MHD CITY DCMCoordinator: Permit#: MAILING DISTRIBUTION SHEET Agents: ro)umo H9A6s;?6AC C-CAn DCM, Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington Wilmington Z3 (with revised work plan drawings) (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Birtie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wenee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins/Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider-401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritages Program Rodney Butler LPO: t��4if° �.4 'eOVA (NCDOT) Travis Wilson ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Roxy Darling roxyd@mindspring.com Dear Ms. Darling, NORTH INA Envlronmentan[al Quality P14 &� October 12, 2020 This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to construct a series of breakwaters at 936 Waterlily Rd., in Currituck County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make December 26, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Elizabeth City Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator -D_F 91> Y444�44 M North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, October 12, 2020 10:56 AM To: 'roxyd@mindspring.com' Cc: Renaldi, Ronald; Godfrey, Ella M Subject: CAMA application extension Attachments: Roxy Darling EXT.pdf Morning Ms. Darling, Please see above for the extension to your project. Currently I am waiting on comments from the USACE and DWR. Once those comments are in I should be able to finish my review. Thanks, Gregg tine#P��1F.YV ±1A� `� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 ON 280g ext 215 (OtBce) GreKg,Bq#0qr@n0qnr.M Ernali correspondence to and from this address is subject to the rlarth earoftm Pabfk Records Low and may be dhdosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Roxy Darling COUNTY: Carrituck PROJECT NAME: Install four vinyl breakwater sills LOCATION OF PROJECT: 936 Waterlily Road DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-29-20 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes RECEIVED AUG 2 0 2020 DCM-MHD CITY FIELD REPRESENTATIVE:•Reben%evrk%t 20^�^^I�t DISTRICT OFFICE: ELIZABETH CITY DISTRICT MANAGER REVIEW: Date 8% 15 /2- 0 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250WV40) # I APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 8-23-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE:3948hO -11-10 HOLDS: EMAIL OUT DATE: 8-20-20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 9-12-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 9-10-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep jp j DCM — LUP Consistency Determination IA �. Local Permit Officer Corps of Engineers — Regulatory Branch �S�l ( 0 ZI-E DWR-401 Section DWR— Public Water Supply g�bt 2O �c DEMLR—Stormwater DEMLR — Sed and Erosion DOA — State Property Office Q Wildlife Resources Commission Q k DMF — Shellfish Section 664 -W K DMF — Habitat & Enhancement Q yc DNCR—Archives&History Qt TD K- DNCR — Natural Heritage Program NCDOT NC Dept of Commerce Z( T ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director TO: NORTH CAROLINA Environmental Quality MEMORANDUM Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Ron Renaldi, District Manager �ZA ! Z . DATE: September 18, 2020 SUBJECT: Roxy R. Darling Major Permit Recommendations The applicant proposes to install four vinyl breakwater sill sections to protect two 90 degree bulkhead comers from damage and erosion associated with strong southeasterly winds. The site of the proposed development is located at 936 Waterlily Road (SR#1142), Coinjock, Currituck County, adjacent to the Currituck Sound. The development proposal involves the Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AFC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07K 0206 Estuarine Waters (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. Consistent: The proposed development is consistent with the intent of this rule. RECEQIIIED SEP 1 8 2020 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3011 Elizabeth City. North Carolina 27g09 Gregg Bodnar, Assistant Major Permits Coordinator RECEIVED Roxy R. Darling Major Permit Recommendations September 18, 2020 SEP 1 8 2020 Page 2 15A NCAC 07H.0207 Public Trust Areas W°iP SECTION MI HD (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. , Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid, significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. .Consistent: The -proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. 1 7 r 1 Gregg Bodnar, Assistant Major Permits Coordinator Roxy R. Darling Major Permit Recommendations September 18, 2020 Page 3 Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of -this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b)addresses Specific Use Standards, none of which address breakwaters. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a permit be issued to Roxy R. Darling for the development as proposed. RECEIVED S E P 1 8 2020 MP SECTION MHD Received:9/10/2020 Historic Preservation Office Due: 9/18/2020 M ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Muctor August 20, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality ER 20-1860 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) areaa.bodnar(ciincdenr.00v SUBJECT: CAMA Application Review Applicant: Roxy Darling Project Location: 936 Waterlily Road in Currituck County. Proposed Project: Install vinyl breakwater sills 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 10, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as proposed. "Additional comments may be attached" x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE State Historic Preservation Office (2,,,,, Yes. u i; l2- fin. Ut i . 09/23/2020 RECEIVED S E P 2 3 2020 IVP SECTION MHD North Carolina Department of Environmental Quality I Division of coastal Management Elizabeth City Ofnoe 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2SZ2643901 ROY COOPER Govmw MICHAEL S. REGAN serelay BRAXTON C. DAVIS arhX August 20, 2020 MENORANDUM: NORT11 CAROLtNA EAyrronnrenral Qddrtty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04.1643) WrLg,hod agncdenroov_ SUBJECT: CAi"MA Apiekation Review Applicant: Roxy Darling Project Location: 936 Watortily Road in Currituck County. Proposed Project: Install vinyl breakwater sills Please Indicate below your agency's position or viewpoint on the proposed project and return this/orgy to Gregg Bodnar at the address above by September 10, 2020. if you have any questions regarding the proposed project, contact Ron Renaldi (252.264-3901. ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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 RECEIVED P4� �r US SIGNATURE _1 DATE 8-21-20 �P:Q AUG 2 1 2020 NIP SECTION MOB® NurOrCnrdlra b<partmrM dGwinnmrnwl Quulny I DPv}sitar 4l CgaslalN:nwprmm�t Fssafa t#Cty Office 1401--"hCAlnn Street.SWa30O I L&,eabdh Oty,Nmlh CarrJ1na2790Y r.2.2".1901 ROY COOPER conenof NucHAELS. BEGAN er "seoory _ _ _ ... BRAXTON c. DAMS August 20, 2020 MEMORANDUM: NORTH CAROLINA EnyhvnmenmlQuatuy FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247=3330 (Couiler 04-1633) strega.bodnarOncdenr.tiov SUBJECT: CAMA Application Review Applicant: Roxy Darling Project Location: 936 Waterlily Road In Currituck County. Proposed Project: Install vinyl breakwater sills Please indicate below your agency's position or viewpoint on the proposed project and return thls'form to Greco Bodnar at the address above by September 10, 2020. If you have any questions regarding, the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the,project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kacee C Zinn AGENCY NCDMF-Shellfish Sanitation SIGNATURE /)L�- for Shannon Jenkins D Q� I AUG 2 1 2020 IVIP SECTION MHD North Carolina Department ofEnNronmental Wtty I Wslon of Coastal Managers m Egeabethatyof oe 1 401 South Griffin Street, Sulte 3001 Elizabeth C7t%, orth CaroEna27909 252.264.3901 ROY COOPER NORTH CAROLINA Governor EnvrianmentalQuaQty MICHAEL S. REGAN secret✓ry BRAXTON a DAVIs Director August 20, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax 252-2474330 (Courier 04.1643) areambodir ,arancdenr.00v SUBJECT: CAMAAppRcationReview Applicant: Roxy Darling Project Location: 936 Waterlily Road In. Currituck County. Proposed Project: Install vinyl breakwater sills Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Greao Bodnarat the address above by September 10, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, In-depth comments with supporting data is requested: REPLY: This agency has no objection to the project as proposed. *Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached PRINT NAME j coNi j1 ,e ld p� ��y �/I l r W I AGENCY )°46 k WMITt sLevnly SeHj,an Y�ECOJE® SIGNATURE;( AUG 2 1 2020 DATE MP SECTION MHD D_EQ� �ae�� North Carolina Department of Environmental Quality I Division ofCoaatal Management rllzabeth Chyornce 1 401 South CrIfnn Street, Suite 300 1 Elizabeth City,North Carolina 27909 252.2643901 ROY COOPER Covemar MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director August 20, 2020 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) greoa.bodnar(ftcdenr.Qoy SUBJECT: CAMA Application Review Applicant: Roxy Darling Project Location: 936 Waterlily Road in Currituck County. Proposed Project: Install vinyl breakwater sills 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 10, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi,(252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" Nl_ 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 W Q.n dQ N+ lit a ra AGENCY 5+abE. SIGNATURE (A)l4l)(0" � DATE Q- l0-2co RECEIVED SEP 1 0 2020 ig o f W MP SECTION MH® North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Orlfao Street, Suite 3001 EllzabethCity, North Carolina 27909 252.264.3901 Bodnar, Gregg From: Moore, Bill Sent: Wednesday, September 9, 2020 3:44 PM To: Bodnar, Gregg Subject: CAMA Applications - sw comments Hey Gregg, Here are sw comments for following projects: 1)Wiley Williams—Currituck County — exempt 2)Roxy Darling—Currituck County — exempt 3)Hatteras Village Sidewalks — project approved 03/24/20 - SW7200208 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 N[Mi��rnSY'Si+ Q. E Q �/ PPPO�hIMM PI fMP1P111iI WANIy� 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 Covemor MICHAEL S. REGAN staerory BRAXTON C. DAVIS DLYdor G ?-D.08- 74. 0 j August 20, 2020 MEMORANDUM: NORTH CAROLINA aWwrinental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 0�0 400 Commerce Ave., Morehead City, NC 28557 AUG2020 Fax 252-247-3330 (Courier04-16-33) RECkJ greoo bodnarOlncdenr.gov a SUBJECT: CAMA Application Review. Applicant: Roxy Darling Project Location: 936 Waterllly Road in Currituck County. Proposed Project: Install vinyl breakwater sills Please indicate below your agency's position or viewpoint on the proposed project and to this form to Greaa Bodnar at the address above by September 10, 2020. If you have any questions regarding the proposed project, contact Ran Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _V--" 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 Mr—rttT.I�UnA AGENCY NGtJY_c Y"ECEO rig®q E® SIGNATURE.— SEP 9 2020 DATE 9 -9 - Zo Z-10 MP SECTION MHD North Carolina Department of rnAminental Quality I DWon of coastal Management Elizabeth City Office 1 401 South Grifnn Street, Suite 3001 Elizabeth Clty.North Cardloa 27909 2SZ2643901 ROY COOPER Governor MICHAELS.REGAN Secretary BRAX70N C. DAVIS Director. . August 20, 2020 MEMORANDUM: NORTH CAROLINA EnvironmentalQuabty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:262-247-3330 (Courier04-16-33) areao.bodnar0nodenr.cov .SUBJECT: CAMA Application Review Applicant: Roxy Darling Project Location: 936 Wateriily Road In Currituck County. Proposed Project: Install vinyl breakwater sills Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greoo Bodnar at the address above by September 10, 2020. If you have any questions tegardirig the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data Is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF 11�� SIGNATURE Yrai+�iaea'. DATE' 8 September 2020 S E P 9 2020 RqP SECTION MHD North Caroffna Department ofEnOwmental Quality I Division of Coastal Management Elizabeth City Ofnce 1 401 South Griffin Street, Su1te 3001 Eezabeth Cfty,North CaroEna27909 252.2643901 Rf)YCOOPM oo a tYgCHAEIS. REGAN .Segeraiy -. . BRAXfON C. DAMS Drreator. _ . August20, 2020 MEMORANDUM; FROM: Gregg Bodnar, Assistant'Major Permits Coordinator NCDEQ - Division -of Coastal Management 400 Commerce Ave., Morehead City, NC 26557 Faix.252-M-3330 (Courfor(14-I&33), greca, tiodnarCdtnatenroov SUBJECT: CAMA Application Review Applicant: Rorty Darling ,Project L.oeatiom 930 Waterilly Road In Cuirituck County. Propose&Project: Install vinyl breakwater sills Please indicate below your agency's, position or viewpoint on the proposed project and return this funn to Greaa Bodnar, at the address above by September 10, 2020. If you have any questions re&klIng'the proposed project, contact. Ran Renaidl:(252-2w3901, ext. 235) when appropriate, in-depth comments With supporting.data is requested: REPLY: This agency has no comment on the proposed project This agency; approves ofthe project only if the recommended changes are incorporated. See. attached. _ This agency objects to the project for reasons described in the attached x it5Tc ��_ _rgmments. PRINT NAME G .4 tv oV'tfJs AGENCY c D f — 04" SIGNATURE ` DATE RLU IVY® S E P 4 2020 IMP SECTION NIHD North CaWhaneWhnentofP Wkoaomntal Quality I DNhtonofCoaSWIMena9e1flent UnbethCltyOMe 1 40ISouthOfffMSDeet. tte?001 Ell abd.h Ctty, North Cumthm 27909 25M.2443901 . M ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality, TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charlan Owen ICP, NE District Planner Division of Coa tal Management SUBJECT: Major Permit Request by Roxy 42 liner feet on the Currituck community, in Currituck County. DATE: September 3, 2020 Y e F� �cA Y tl IFm SEP 4 2020i Darling to install four (4) breakwater sills totaling Sound; at 936 Waterlily Road, in the Waterlily Consistency Determination: The request is consistent with/not in conflict with the Currituck 'County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through July 2, 2019. Overview: The .21 acre site has approximately 97 linear feet of shoreline along the Currituck Sound. Water depths near the shoreline measure -2 feet below Normal Water Level (NWL). Site elevations range from 2 feet along the shoreline to 4 feet above NWL within highground areas. The site is vegetated with yard grasses and ornamental bushes. The property is located within the AE Floodzone. Existing site improvements consist of a single-family house, two (2) sheds and a fenced garden. Existing shoreline improvements consist of a wooden bulkhead along the entire length of shoreline, a 4 foot wide by 24 foot long pier with an 8 foot by 8 foot terminus platform, a 24 long wooden breakwater located along the south side of the pier and a remnant 10 foot wide groin. Installation of four (4) breakwater sills totaling 42 linear feet is proposed. Three (3) 9 foot long breakwater sections and a 15 foot long breakwater section will be installed 2 feet to 24 feet waterward of NWL. The breakwater sections will have a 2 inch gap between 2 foot wide vinyl sheets to allow water flow and will extend 4 feet above NWL and 2 feet above adjacent bulkheads. The breakwaters will protect two (2) 90 degree bulkhead corners from damage and erosion associated with strong southeasterly winds. The waters of the Currituck Sound in this area are classified as Joint and SC waters and are closed to shellfish taking. The open water fetch to the east and southeast of the site ranges from 5 to 19 miles. Submerged Aquatic Vegetation (SAV) was not observed growing within or adjacent North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 to the project area. Based on available information, there are no archaeological sites on this property or nearby. A review of potential historic resources was not provided. Anticipated Impacts resulting from this project are expected to include: the disturbance of 84 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC). Basis for Determination: The project is located on the Currituck Sound. Areas of Environmental Concern (AECs) are designated as "Conservation Areas" as indicated on Page 11-1. As indicate on Page 11-1, "(t)he purpose of the Conservation class is to provide for the long-term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The Conservation class should be applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features." Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". The following LUP policies may be applicable to this request: Land Use Compatibility: Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependent (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." Local Countywide Concerns: Policy HP4, Page 9-20. "The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC AND ARCHAEOLOGICAL RESOURCES in the planning area shall be /discouraged." RECEIVED SEP 4 2020 MP SECTION MHD Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Tuesday, January 5, 2021 10:54 AM To: Bodnar, Gregg Cc: Pullinger, Robert C Subject: [External] Darling PGP CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Gregg, We have authorized the Darling project under SAW-2020-01448. All of our standard conditions will apply including "In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf." If you or the applicant have any questions or comments please let me know. Thanks! Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. Sth Street Washington, North Carolina 27889 Phone: (910) 251-4605 Email: josh.r.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: httr)://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Roxy R. Darling 2. LOCATION OF PROJECT SITE: 936 Waterlily Road (SR#1142), Coinjock, Currituck County, adjacent to the Currituck Sound. Lat/Long: 36.379769° N,-75.919318° W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/21/2019; 8/12/2020 Was Applicant Present — Yes; Yes 5. PROCESSING PROCEDURE: Application Received Complete— 7/29/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP — Limited Service, Conservation (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing — SFD, shed, bulkhead, pier, groin & breakwater Planned - Four breakwater sections (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Shallow Bottom PTA, EW AEC's t84 ft' disturbed (B) Non -Vegetated Wetlands (C) Other (D) Total Area Disturbed: t84 ft' (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfshing: No PROJECT SUMMARY: The applicant proposes to install four vinyl breakwater sill sections to protect two 90 degree bulkhead corners from damage and erosion associated with strong southeasterly winds. RECEIVED Project Settinq The site of the proposed development is located at 936 Waterlily Road (SR#1142), C&qo1IQ, 2020 Currituck County, adjacent to the Currituck Sound. DCM-MI-ID CITY Roxy R. Darling Field Investigation Report Page 2 The property is ±9,079 ft2 (0.21 acres) in size and elevations range from ±2' along a bulkheaded shoreline to ±4' above NWL within the highground area. Man-made features in the highground area include a single-family dwelling and two sheds. Vegetation within this area includes yard grasses, ornamental bushes, and gardens. Based on available information, no archaeological sites are on or near this property. The properties shoreline is ±97' in length, runs generally north & south, and has been hardened with a wooden bulkhead. The adjacent property shorelines to the north and south of the site are both bulkheaded and extend in an eastward direction from the applicant's shoreline creating a basin -like area. The adjacent shoreline to the north extends ±98' eastward while the adjacent shoreline to the south extends ±20'. Additional structures located along the site's shoreline include a 24'x4' pier with an 8'x8' platform located ±19' south of the northern property line, a 24' wooden breakwater located along the southern side of the pier and a remnant ±10' groin. The Currituck Sound is classified as Joint Waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The Division of Environmental Management's water quality classification for the Currituck Sound is SC and it is closed to shellfish taking. Water depths within the project area measure ±2' below NWL with a sandy bottom substrate and SAV was not observed growing within or adjacent to the project area. The open water fetch to the east and southeast of the site ranges from ±5 miles to ±19 miles. Development Proposal The applicant proposes to install four vinyl breakwater sill sections to protect two 90 degree bulkhead corners from damage and erosion associated with strong southeasterly winds. The existing groin will be removed and a 9' section of breakwater (#1) will be installed 2' out from the existing bulkhead sheeting and approximately 7' out from the first 90' degree bulkhead corner. Breakwater #2 will be 9' in length and will extend under the existing platform at an angle from the existing breakwater located along the pier. Breakwater sections #3 (15' in length) & #4 (9' in length) will be located north of the platform. These three sections are designed to protect the second 90' degree bulkhead corner and range from 2' to 24' waterward of NWL. The breakwater sections have been designed to have a 2" gap between 2' wide vinyl sheets to allow water flow. They have also been designed to extend 4' above the NWL and ±2' above the top of the adjacent bulkheads to break up waves and reduce overspray. Anticipated Impacts The construction of the breakwater sills along the proposed alignments will result in the disturbance of ±84 ft2 of shallow bottom located in the PTA and EW AEC's. Submitted by: Ron Renaldi RECEIVED Date: 8/18/2020 AUG 2 0 2020 DCM-MHD CITY SE.�;Itc�r lv CC�J APPLICATION FOR MAJOR DEVELOPMENT PERMIT Section 6 Additional information Property address:936 Waterlily Road, Coinjock, NC 27923 a. Project narrative: I am applying for a permit to have1hree breakwaters constructed per attached drawings to protect the northeast corner and another smaller corner of my property. The most northeasterly one adjoins my neighbor Russ Hanson's property. The smaller one is further south along my bulkhead just inland from my pier. Both corners bear the full brunt of the strong southeasterly winds and consequent seas, which, when the water is high and rising (after prolonged winds), results in powerful and destructive breaking waves, often high enough to break green water on the top of a 7.5' high shed located a few feet from the most northeasterly corner. Mr. Hal Go dman of Construction Engineering Services, Manteo, NC has py! engineered the a breakwaters and provided the accompanying site, elevation and construction plans. They will be constructed by Layden Marine Construction. The creation of these breakwaters is to aid in preventing further destruction to these 900 corners. Without this protection the rising water levels of Currituck Sound coupled with a greater frequency of strong southeasterly storms, even now in winter, will result in continual damage to these corners. The battering is already damaging the bulkhead structure, creating areas that need frequent rebuilding and continual additions of fill to rectify the washout of the land behind the bulkhead. I respectfully submit this narrative for your consideration in mitigating this situation. Received 7MEC RECEIVED AUG 2 d 2020 DCM-MH0 CI7-y sued File Edit view History Bookmarks Window Help 38x C� 4,Dt ^ 14,)) © Thu 8-32 AM * q .... In Lice's 2ordw Now A Heron'S GO —Ten Decades Novr vorK. NY Forecast 08 IrrtclGwst - —tor Active Map Oy:tcr Bay Ha...t Title Cl rt 7-Day Forecast for Cohojock NHC Active Storms >> - oaoz ® ti qnv DCM-EC ®3N3,o3a S&W File Edit Yew History Bookmarks Window Help MID O ^ yD) ® Thu $' • < > 0 0 google.00m .... Jn Ue's Gamee Now A Ha -, Ga.. Two Decacos New Yy, W FOIK 1105 mwFca.t - _fter acnve Mao OyAC &ry Ha_k Tice Ceart ]-Day Fpo z for Conjoek NHC A tix Stoms Alto aHW-Ma oaoa o a 9nn pamaoa�i a3A13a3H i SaW File Edit View History Bookmarks Window Help 39%1:� O ^ U)) ER Thu S:30AM $ CQ P= • < > _ v goo9fe.cm ...: In lees cwtl r N A MCr .'s Ga_.Tv Deca cs New Ywr . W Forecast OB Imclfrast - ...Iter Active Mop Oyster Bay Ha...k 74e CR 7-Day Forogtst for Co.pck NNC Active Storms » } A11J UNVI-"JU ozoz o z onv CCM-EC a3A1303M AVn848PG0b01 STATE OF NORTH CAROLINA GYj •O MO.COUNTY. COUNTY OF CURRITUCK �faAySnnf C RENEW OFFICER OF CURRITUCK CERTIFY THAT THE MAP OR PLAT TO WHICH THIS , CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REOUIRFMENTS FOR RECORDING. . r / 6AT�-- kEVZvIOFFIetIt IFGEND V X - EX. WE 0 o- EX. PIN 0 ® - R.R. WON Bf - MAR SSELL G%ANSON. A • - SET RN aus W. HANSON - SET NAIL (O� ae. xw. PN 71, A - CALC. POINT ® - WATER ME fER �( Ry - TEL PEO. UTIL. POLE F - L.P. OAS NIM G REFERENCE D.B. 501, P0. 818 ADDRESS 036 WATEMLLY ROM 0� AREA BY COORD. COMP. - 0,070 S.F. AN PIN NO. OOBO-000-OOB7-0000 yl' FL000 LONES IT OFEI 0FIRM PANEL 70078-0195-C Ye l 9 M4r a eLuwa L a LJl1LR Te r� CURRIFUCK 9 SOUND SAMUEL R. CHESSMAN HELEN H. CHESSMAN OB. 1rQ Py 10 s i .IRq NI e4N4 YA�tY UION W RWGN9011 Nq INEN n4I(WMHMn N BLIE 11, YORLN tNIGM1A N1YM51PAn`.0 rar, GWRP M. NMSS YY NY• E C Mi .: )• 94 MS M RF F[•NMY �./IOU" A.1 fYDR ,.• �.J rIMS • •e`N FAp69RT4 WO ORlttW1 L-wrSURIM ROXY DARLING A PARCEL OF LAND ON CHURCH'S ISLAND ((CC POPLAR BRANCH TOWNSHIP - CURRITUCK COUNTY - NORTH CAROU4 Robbins Surveying Surveying Since L060 nwn.noearveyocwm ilved1. L•/� )Ul J a Fi'T IDCMTC IITWAM T. ROBBWB, P.L.3 P.O. Pox I100 GRANDY. NC 87030 (262) 4W-2120 (000) 662-6063 Book 040 Page 601 «ECEIVED AUG 2 ® 2020 DCM-IV HD CITY NAME:...... ]-- b ADDRESS:41 3 CITY: ST9CZIP -2�3 RE: To Whom It May Concern: DATE: • Z� ZS37c7 Received JUL 2 % .1 DCM-EC (PROJECT NAME} This correspondence is to notify you as a riparian property owner that is applying for (Insert propeM ner new orepm)sny) a CAMA Major permit to (insert project desorlptlon) on property located at which is adjacent to your property. A copy of the application and project drawing(s) Is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: 12j L -C &A 11 as soon as possible (Inc name of respon iNe party) If no comments are received within 30 days of receipt of this noticp, It will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St,, Ste 300., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me a(Insert phone number) or the Division of Coastal Management at 252- 264.3901. Sincerely, INS`�RT NAME I have no objection to the project as described. I have objection(s) to the project as described, WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below,) LAV I do wish to waive the 15' setback requirement. _ Pr nt Name Signature of Adjacen open owner Mailing Address and/or EmsLAddress v ylc)�-3 I do not wish to waive the 15' setback requirement, Date ._j, RECEIVE® Phone Number AUG 2 0 7020 DCM-BMHfD CITY DATE: I • 2A NAME: 1 Received ADDRESS: LfL �A� /cT�'p CITY: ram) ,\nC4 sr ,zlP 9a3 DIME RE: 'Re6AA (PROJECT NAME) To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Q C—uis applying for (Insert propert c m owner name o pany) a CAMA Major permit to project description) CS:21l t-? on property located at which is adjacent to your property. A copy of the application and project drawing(s) Is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: J % _ as soon as possible {Insert liame of responsible p y) If no comments are received within 30 days of receipt of this notice. It will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300„ Elizabeth City, NC 27909, If you have questions about the project, please do not hesitate to contact me eta"�a Il _ (Insert phone number) or the Division of Coastal Management at 252- 264.3901. Sincerely, INSIMT NA I have no objection to the project as described. _ I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pliings, boat ramp, breakwater, boathouse, III, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) /do wish to waive the 15' setback eqyyement. Li, All/vo- PNnI Name S gnat a of Adjac n Property Own r Mailing Addresd and/or Email Address Soovvl "'V Q�+� • &rk' I do not wish to waive the 15' setback requirement. d el7 ate DECEIVED a � Phone Number AUG 2 0 2020 F?CM-I1 HD CITY SEc� ar.j b CIA.) Rc�-kJ 01,11fi413Pe059U '111ANSITRUX AMOUN� ilk:('-J '71I4'si79IY7N ll'���iI 817.7IIjIl'd ��Y �IF' .� •a71'HYtLLpd'TDN_ Oo, lo: araessacaoor ryoo. aw 0.reordW: W/16/Pa05 ♦t e1: W'. 3U fll O inn Mt: Y73,B0 Vag, 1 01 4 �M GMOfia r (0.00 {' 'ha Q4l;qar l'o llU lkm Nl'Ikbmwvnl Taus Gwrlmi�Y OaOuEY Nlatrr I pc"as Y'�C,J�A�rrf>aa.l,,�.1 dNcBn848 Pu598-601 �app)m.rYr all y[.0 fu0wing c,tlifwulksn . , roll GVmOeA MOM RIAk1PR lGrMN CAN1.ElIF.Oa h(SNti NORTHeROLINA Preftarat BY: Willbill II. Romm. lr. O Walker d. Romm ('URRI'1'1)(44 COUNTY 'I HM CORK , KIN UL+RII, muds null ddend im11n this 38Y oljq%Ad,f, 2885. by and Moveen HRRNIIA 4H('Hl!R, widow and Pnny of Ilia lira) pAn; and R(1XY UARI.IN(i, Parry of e936 Reterl(ly Rd., no(ejxk, RC 27923 the mom Pan: WITNESSH)'II: THAT WIIEI(CAS, said partyxWjj*bhu first part hcmlorom executed to pan ly of the 8,.:oml pan a eenuin deal dand the 29th day of M`lay�IN12. oml reemrdnt in Dmd Iimd: 591 at 1'ege OSlfr o1' the Cunitawk ('many Registry; and wheteanrhy mutmted d mistake. said deed emleitcon error in to Jrscrrplinn ul'Innd Ihavby Intended to M: m��e,•eJ iu Ihal it Atxi,d that: Silnnlcd in Poplar Wanch'1'I-10t ) lira being tan the East Aide of Chumlis Islaml Road. beginning m tut Irnn Pan in tlu nhwcm corm, of it. p. M. Portar )uI (which IwgioaingIpoint is 2Ut1 feel Northranl fnun tun iron pip, iu the ccnkr of a ditch). 1lwncc luul mid beginning Infar Smith leg. IS' Earl 1A fuel alnng IIw Ninth line of the P.. M. faller I'll In all a In pipe a fXlndo t: Sound, thawe along said Send North 7 deg. 45' roil 70.J fed in on iron pipe, then North 91 deg. Weal 1113.8 feet :don:; the line of the J. H. Jones l.m to on inm pip, a1 f.'hurehY Island Read Smith 27 deg. 50' W cst 18.4 fml 10 dN point of beginning, being da mane property conveyed It' Chester L. Pulchcr and wit'c, by,iced front Mary (dtae ('osvell, rccord,d in Bout, 89, m Pagc 132 in lhr ('umOlok County Registry. ghdyaid Mary Love Cowell is uosY deccaml), ..it luting a lira of dw Jsnwa Cuwoll Huni ala". Y the pmptaty lwmin conveyed in shown by It plat P&IA:d by S. Mum Williann. Regnalcled Surveyor, tunic, date ul' August 13. 1960 allgcd ,CjnjeF L. Putcha and lesaie SI. Poacher, CumilucA ('tunny, Nnnin ('andin;n, le llnI on Churdia Island" refeencc to which is nude for A rune complew ekxrlpltnl( 1 copy ol'snid plat is attached ton deed or trust m'ordcd in Mortgage Hook 41 Q. J And whereas, it saw hucndnl dnu the bun, to it, uonvcycd be ika:ribed Ikginning al n Indart Irwatal in the Southwestern comer often proper w or hmucrly mvneJ by IGusedl (i. Hmunn, Jr.. (D.B. 244, and 11g. 7111, sand punt of h ning being in law No,lblseawm , Iwr lwrctmna ekscrilwd And living fnnher located Iw 1'aalefn margin of Wul:rltly mad. S.B. 1142; from said pninl of beginning running lair Suulh 7R deg. 41' 3R" "%1 113.12 feel to a Oct pin, cornering: running Ihcnce South 10 • 26' i'2" West 22.J8 full nl a Iroinl coming; conning Ilwmc• Noah 79 deg. 45' 14" Wcsl e;07 feel w a pan all, cornering; conning Ihawu Saulh 1 I deg. 24' )5" West 45.24 fe•d lit a nail, auncring: mnning Ihencc 79 ddpees 23' 41" 1'aal 19.00 ftnv to a point, conwring: turning those South 10 deg. 37' 43" West 531 'cal In a nail, cornering; mnning dunce North 79 ekg 01. 4V Welt 149.08 let., to a into, locawd on IN 1^,Isom nargiu of WalednlY Iwd, cornering; mulling theme along WaAYlnty mad o cord of %'comb 31ekg. 36' 38" West 78.74 'Received Book 848 Page 598 RECEIVED 0CM-EC AUG 2 0 2020 L)CM-MHD CITY BK00118PG0599 O Cyr, NY-1 Ic d'lu of 215 00 fecI.coil u length of 79.19 feet to file point and place of beginning, as son coot JcliraalM on tbnf Sarecy entitled ' Surrey for Itmq Usrhing° prepared by Wi It "1'. Itubbins. Rcgislcred Sumeyor, on Felenwy 28. 2005, a copy of which is aline hcnle, ontl by micrnrce incorp es herein. NOW, 't1113 rol(T:, void party of the first part ga the Papaae of cmvling said error and in cmnsidrmlion of ya�i,(ind nsluahlc considk afiom, to it in hard Paid. has hargaimll and sold and by Ihcec pmscns does bargain, sell and convey u d In said party of the .acreond parr, their heirs and nasigns, a artnin Iraq or p4l of lad lying and being in Oiff mock County. North haolina, Poplar Onureh Tnswuhip, nuwQmliculnrly derenla f ns fnllowr Reginning at a paint Iroi in IM Southwestern comer o1'thal pmlway now or formerly arnrd by Russell O. IJe. lonsl (D.B. 244, anti Pg. 711). rid Point orin,, inning being to the Norlhwcslem comer bc��tjVAcr dinsi sst and Ming hnther localal on the tsislenn nmrain of WYI.nlliy MJ, S.RkI--``J2; fnnn void point ufbcginning morning diceµ South 7g dcg. 41' J8" Foal I It.12 fiat It7il l pin, cnmaringl running Ihcnce South 10 Jcg. 2f; 42" West 22.28 feet lu a Paint c, wV'running !borer, North 79 deg. 45' 14" West 10.57 feel its a paint, eonicring; running 11 Reath I I to 24' It" Wcat 45,24 feet to o nail, a+taring; running Ilwncc 79 Jegrtt AI' post I9.fA feel lam Paint, cornering; running Ilwncc South 10 deg. J7' 4y" West 5.. Qcl to a nail, ceumring; running thence North 7V skg. BY 45' West 149.08 feet to ispo , �r s:dM on tire Faslern margin of Wntcrlily road, capering; running Ilwncc ainng WxlnlilY �gd u rued of s it 5t deg. w w- Wcst 78.74 fret, a radius of 215.00 list, acid a length n .19 fni In the prim and place of beginning. as shown anti ddiarated nn that Snrvsy cal 1 "Survey I'm Racy Dmrling" prepared by William T. Robbins, Regisleral Surveyor, u�S`ehnary 2il, 2005, x copy of which is allnched herein and by rellwoet+ incoi pnmlM herein. 'to have and to hold said land, together with sill prisQµtes and nppunenanccs Iho'e "do lalonginl; to Ihcun said party of the second part and Thor he'll on gas In fec simpk facvc. Y')� And said party Or the first peel covenants that it is scrod of said IW In five and h05 this right to convey the wine in I" sanple; the same is Ina: and clear of all coiaN jtpnwa mail that it will warrant ad dated the title herd" esavcyed against the Inseful claims of-11V111''ns wiwmswYa. 6n IN TM'IIs1ONY W111iRFOF, and Iarly of the find par! has hercuuto sot his%ld and xml. Ile day ad year Ile..+l above writlan. 111 ��'��'1� Received DCM-EC Book NO Peg* 699RECEIVE® AUG 20 2020 DCNA-NAND CITY OK0?116PG0ha0 O reralo J. M. r �x SHALS'rAMP srAlEOF f 15- Y' I,a Nolary Publicof lhe(bunly�� lStile nfaosoid,cairy Mal lttcrrdn J. Muclxr Ixnmtally emne hefate nx Ihis Jny unA ucknnwRO d the extalliwt of lip rurcgoing inslrunwil. Wimcas my _...�7 �- pert ttrtifiad to be cnnCCl. 'Otls Inawnxnl nnJ Ihla acr1lRtale arc dtdy rtgislacd ul llx tfulc and lime and in dx lfnnk wul Page slwwn wt the first Page hereof. j�ONYb�REGIS'1'Vit or DERDR POKNEPRHR17UCK COUNTY By IJw�O-V _ F)MM4YJA8SI91'ANI'-RTNWER OF DRHUM Y' 0V. V O Received D1iMIc Book 808Page 600 DECEIVED AUG `L 0 2020 oCM-MI-ID CITY ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals a(_.thecoastlandtimes.net FROM: Ella Godfrey DATE: August 19, 2020 SUBJECT: Public Notice: Roxy Darling Please publish the attached Notice in the Sunday, August 23, 2020 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Ellie Davis, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). 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 DE RECEIVED North Carolina Department of Environmental Quality 1 Division of Coastal Management AUG 2 U 2020 Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 YSCM-MHD CITY 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 07/29/20. Roxy Darling proposes to install four vinyl breakwater sill sections to protect two 90-degree bulkhead corners located at 936 Waterlily Road in Currituck 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, INC 28557, prior to 09/12/20, 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 23, 2020 Q North Carolina Department of Environmental Quality Division of Coastal Management Elizabeth City Office 1 JOI South Griffin Street. Suite 300 Elizabeth City, North Camlina 27909 252.264.3901 RECEIVED AUG 2 0 2020 DCM-MHD CITY ROY COOPER Gov or MICHAEL S. REGAN BRAXTON C. DAVIS Director Roxy R. Darling 936 Waterlily Road Coinjock, NC 27923 Dear Ms. Darling: NORTH CAROLINA Environmental Qualify August 19, 2020 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to install four vinyl breakwater sill sections to protect two 90-degree bulkhead corners located at 936 Waterlily Road in Currituck County. It was received complete July 29, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 12, 2020. 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 July 29, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such 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. NCOS 113A-I 19(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your RECEIVED alD_E - a.0,,Q� AUG 2 0 22020North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City, North Czrollna 27909 252.264.3901 Roxy Darling August 19, 2020 Page 2 of 2 property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact the field representative, if you have any questions and or if you wish to receive a copy of his field report. Sincerely, Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Robert Corbett, DCM, Elizabeth City, NC Jonathan Layden, Layden Marine Construction, Inc., Elizabeth City, NC RECEIVED AUG 2 0 2020 DCM-MHD CITY N0T1(*6'J#17mA CAMA PERMIT APPLIED PROJECT: Install tour FOR vinyl breakwater sill sections to protect two 90-degree corners COMMENTS ACCEPTED THROUGH APPLICANT: Roxy Darling 936 Waterlily Road n Currituck, NC 27923 m 757-572-5616 m v September 12, 2020 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Ron Renaldi 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 235 ROY COOPER Govpnw MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director August 20, 2020 NORTH CAROLINA Ehvtronmental Quaety FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) Gregg.bodnar(ftcdenr.gov, SUBJECT: CAMA Application Review Applicant: Roxy Darling Project Location: 936 Waterilly Road in Currituck County. Proposed Project: Install vinyl breakwater sills Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greao Bodnar at the address above by September 10, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"* PRINT NAME AGENCY SIGNATURE DATE 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. North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.26,4.3901 RECEIVED AUG 2 0 2020 DCM-MHD CITY DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Roxy Darling Distribution Date: 8/20/2020 AGENCY ECRO Community Development/LPO Debbie Lashomb DCM Planner Charlan Owens ElizCity US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort, Carterel; Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Of Whitfield Anne Deaton WARO/ECRO Marine Fisheries James Harrison David Harris NC DOT 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 DWR 401- Chris Pullinger Maria Dunn (WARD) WRC National Heritage Program Rodney Butler RECEIVED AUG 2 0 2020 DCM-MHD CITY CAUsers\emgodfrey\Documents\Major Permits\Wiley Williams\Maj Comment Distribution Sheet -Wiley Williams.docx Revised: 6/29/2018 —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major permit Application Computer Sheet (11/012012) Permit Authorization: Z LAMA Dredge & Fill Bolh SITE DESCRIPTION/PERMIT INFORMATION PNA: as ENO Photos Taken: Yes E No❑ Setback Required (riparian): 9Yas ❑ No Critical Habitat: Yes No of Sure 15 toot waiver obtained: ®Yes []No Hazard Notification Retumed. []Yes ENo SAV: Yes ENo ❑Not Sure She11 Bottom: Yes ZNo ❑ Not Temporary Impacts: ®Yes ❑No Sure Sandbags: ❑Yes ENo ❑ Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP-MYes ONO ❑Yes ENo Moratorium Conditions: LJY&s NNo Environmental Assessment Done: ❑NA ❑Yes []No ENA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) High Quality Waters (HOW) U Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Judsdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicomis sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgress (Spartins (SY) Salt reed grass (Spadina altemigora) cynosuroides) (DS) Soft or spike gress (Distk Mis (SC) Bullrush or three square (Scimus (TY) Cattail (Typha sp.) spicate) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Salt/mesdow grass (Spedlna roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ 111(A) Private w/ D&F up to 1 acre; ❑ 111(D) Pdv. public or comm w/ D&F to 1 3490 can be applied - $250 acre; 3490 can? be applied - $400 ❑ Minor Modification to a CAMA Major C1 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 - [111. Public or commerciaUno dredge $100 and/or fill - $400 RECEIVED 1. Private no dredge and/or fill - $250 111(C) Priv. public or comm w AUF to 1 acre; 3490 can be applied; DCM needs DWQagreement -$400 AUG 20 2020 252.808.2808 1.888-4RCOAST n ww%,.nccoastslmanagement.net MTY NC Division of Coastal Mgt. Application Computer Sheet, page 2 of 3) Applicant: Roxy R. Darling Date: 8/182020 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One Breakwater 3 Now work® Replace 9 2 Maint ❑ ❑ Y N N Breakwater 1 ^law work ® Replace 15 2 Maint ❑ ❑ Y N N New Work ® Replace Maint ❑ ❑ Y N N New Work N Replace Maint ❑ N Y ❑ N New Work ® Replace Maint ❑ ❑ Y N N New Work ® Replace Maint ❑ ❑ Y N N New Work N Replace Maint ❑ ❑ Y N N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint El ❑Y❑N New Work Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑Y❑N New Work U Replace Maint ❑ 10YON P ECEIVED AUG 2 0 2020 revised Nov. 2tM2 0CM-MHD CITY NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of s) Applicant: Roxy R. Daring Date: 8/18/2020 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Sq. Ff. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for Disturbance totalincludes any anticipated restoration or tam Im cts FINAL Feet (Anticipated final disturbance. Excludes any restoration arxYor temp impact amount SB Dredge ❑ Fill ❑ Both ❑ Other ® 84 84 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ F10 ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED AUG 20 2020 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOA5T ;; revised: Nov. 2012 A ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Roxy R. Darling 936 Waterlily Rd. Coinjock, NC 27923 NORTH CAROLINA Env7ronmentaf Qua/tty March 6, 2019 Re: 936 Waterlily Rd CAMA Major Permit Application for Breakwaters Dear Ms. Darling: The NC Division of Coastal Management hereby acknowledges receipt of your application on February 19, 2019, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 07j.0204 (copies enclosed). This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. I am returning the original application package so that the needed changes can be made, but will retain a copy so that I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: 1. The appropriate application form must be submitted. Please complete and provide Form DCM-MP-4. 2. Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: Form DCM-MP-1: - Number 4(f), please list all man-made features (i.e. single-family dwelling, sheds, and groins if still present in the basin) - Number 4(n), please identify the existing wastewater treatment (i.e. septic) - Number 5(c), please describe how breakwaters will be installed (i.e. washed in with pump, hand tools to bolt, etc.) - Number 6(f), please list both adjacent property owners - Number 7, please e a lication. RECEIVED date th �DE � MAR 18 2019 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Elizabeth City Office 1 401 South Griffin Street, Suite 301 I Elizabeth City. North Carolina 27" 252.264,3901 IF Roxy R. Darling March 6, 2019 Page 2 of 3 3. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ Plats must be to scale (1"=10',1"=20',1"=30', etc.) and not greater than 1"=200" Each drawing must have a simple Title Block and it must: - Identify the project or work - Provide the name of the Applicant - Provide the date of plat preparation - Indicate the date of any revisions - Identify the drawer of the plat A Plan View must be submitted that: - Distinguishes between existing and proposed features; specifically label the breakwaters as proposed and identify existing groins. - Show the entire tract of land to be developed - Indicates Water Depth contours or spot elevations within the project area and referencing these depths to Normal Water level (NWL) (i.e. -1.5', -2', etc.) - Accurately depicts the bulkheaded shoreline - Indicates Property Boundaries - Indicates Adjacent Property Owners' Names - Indicates approximate location of NWL (located at bulkhead sheeting) - Please note that the 16' dimensions shown to the east and south of the indicated bulkhead corner on the site plan would not allow the proposed breakwaters to offset each other. Also, the proposed 10' breakwater lengths at these locations will not overlap as they are too short. - Please note that the proposed 2' separation distance between breakwater sections may be denied and it is recommended that this be increased to 5'. A Cross -Section Drawing must be submitted that: - Depicts a side view a proposed breakwater section showing the proposed 2" gaps, the bottom substrate and elevations above and below NWL - Reflects depths and elevation of new work relative to existing ground level at the bulkhead. - References elevations to zero at NWL. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. Ll Roxy R. Darling March 6, 2019 Page 3 of 3 If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, Ron Renaldi Field Representative Division of Coastal Management cc: Greg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City RECEIVED MAR 18 2019 DCM-MHD CITY MAJOR PERMIT FEE MATRIX Applicant' `D X.� U_- IT,ilnevolve velopment Type Fee DCM % (14300 1601 4351000931626 6253) DwQ % (243001602 435100095 2341) te, non-commercial pment that does not $250 100°!°($250) 0%($0) the filling or excavation of any wetlands or o an water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major ermit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C, or D below a lies: III(A). Private, non- El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be a lied: III(B). Public or commercial El development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: q$400 IV. For development that involves the filling and/or 60% ($285) �g� 40% (REL"ENE excavation of more than one acre of wetlands and/or o an water areas: DCM-MHD CITY Received From: 4 Permit No.: Applicant's Name: Project Address: Signature of Agen Signature of Field NC Division of Coastal Management Cashier's Official Receipt a l p4 7634 t3B C D Date: 20 S c77�p•oo Check No.: County: �/1 f4r Please retain receipt for your records as proof of payment for permit issued. t or Applicant: �, a �//nnb Ci ✓C� Representative Date: J4r Date: RECEIVED AUG 2 0 2020 DCM-MHD CITY