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HomeMy WebLinkAbout102-20 One Life OBX Holdings LLCPermit Number 102-20 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V ermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to One Life OBX Holdings LLC. PO Box 9796 Jackson WY 83002 Authorizing development in Dare County at adi to the Pamlico Sound at 26212 Otter Way, in Salvo as re uested in the permittee's application did 5/21/20 (MP-1 2 3 4) and 5/4/20 (MP-5) incl art workplan drawings (5), Sheets 1,4 of 5 both dtd "Rev 8/10/20", Sheet 2 of 5 did "Rev 7/27/20", Sheet 3 of 4 dtd "Rev 5/21/20" and Sheet 5 of 5 dtd 7/27/20. This permit, issued on October 22, 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 L_ _11 --A -;A 1f these terms may be subject to tines, tmprtsomnent or civil acut)u, vi may a aua� u=� Fes LA, — __ ---- Shoreline Stabilization — Rip Rap Revetment 1) The alignment of the toe of rip rap shall not exceed the alignment as depicted in the attached permit application and workplan drawings. 2) No vegetated wetlands shall be excavated or filled, even temporarily. 3) No open water shall be excavated or filled, even temporarily, outside of the approved rip rap revetment alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Slgneo by tue aumonry or me aecrolal y Ul Y11, a =� "_� �••"•• of the Coastal Resources Commission. 11 Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee One Life OBX Holdings LLC. Permit No.102-20 Page 2 of 4 ADDITIONAL CONDITIONS 4) The alignment of the authorized rip rap shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 5), The height of the permitted rip rap shall not exceed'six inches above the normal water level. 6) The rip rap material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 7) The rip rap revetment shall have a 6-foot opening located at the open water segment of the alignment, all as depicted in the attached workplan drawings. 8) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. Docking Facility and Observation Pier 9) This permit authorizes only the docks, piers, tie pilings, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of these facilities without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 10) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 11) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 12) The permittee shall install and maintain. at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. r 13) This permit authorizes a maximum of 2 formalized boat slips located at the southern docking facility. 14) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. One Life OBX Holdings LLC. Permit No.102-20 Page 3 of 4 ADDITIONAL CONDITIONS 15) The roof of the covered gazebo shall not be designed for second story use. 16) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 17) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Upland Development with Section 404 wetland fill 18) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the homesite, driveway, pool, covered deck, and retaining wall and associated 1,325 ft2 of Section 404 wetland fill, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Bridge 19) The authorized vehicular bridge shall. be constructed as depicted in the attached workplan drawings. Utility Lines 20) The authorized force main and water utility lines shall be installed by directional bore under the existing wetland substrate, all as depicted in the attached workplan drawings. 21) The limits of disturbance associated with the directional bore of the authorized utility lines shall be limited to the area necessary to complete the activity. Excessive grading or land disturbance may require Erosion and Sedimentation Control Plan authorization. Unless specifically altered herein, any grading or land disturbance activity causing unauthorized wetland excavation or fill may be a violation of this CAMA permit. Sedimentation and Erosion Control 22) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 23) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or, properties. . 24) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. One Life OBX Holdings LLC. Permit No. 102-20 Page 4 of 4 ADDITIONAL CONDITIONS USACE Conditions 25) In order to compensate for impacts associated with this permit, mitigation shall be provided in , accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. General 26) Any mitigative measures or environmental commitments specifically made by the applicant in the narrative for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 27) 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. 28) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location 29) 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. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-01265). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-0810. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6841 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 $400 was received by DCM for this project. 4 r DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New Major Mod __. Permit# Permit Coordinator: Field Representative: Date Time T. Il JA20 Minor Mod Renewal Transfer Messaite rece�� ;In MNC ��ti�10 ►� tfor AV 1uLl� �)fyv,dG IAP eta Ee�S c see P-�J 1�e las d.><LAA 6 1117110 �Cu►�� uQ�� ^lf;Jls. Su.� F� �� 1 S�fGj LPoA w . S;o a�l4�l0 1�1a �wQ,� C�+►�s(i �cu^ I,b(� . �do c� u�c�kf�-��+'^� 116 � yc , Ltl to ^} �1F" „�1���s wP.� � �� b4l 1„4J-K etwsks {o �111(1� ��Sto flu krl L� f(i�di�a r✓� Ate1 Pw ((o' AV,n. WA c` vc� G� '0114tr 04 � r vd,/ yC � �5 N*� it arm own" S w� -I [.11k, 1 s q a a(tis �°I�s �°lam DCM Coordinator: �� Permit #: �� - — 2c.;' MAILING DISTRIBUTION SHEET Permittee: 0it, bf, e w AA&,r l2w.Gcr c % �bt�riw W l Agents: 1 �l r,OQ,x(,4ilGa✓l � � c�akd � 8300Z DCM Field Offices Elizabeth City IVoad6 012 Washington At; (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) ' Josh Pelletier (Bertij, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David'flarris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger - 401 Clif Whitfield (WARD) Jimmy Harrison Roger Thorpe-Stormwater r Garcy Ward- (NCDOT-Beaufort, Bertie, 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 Heritage Program Rodney Butler " - � kill VA nQ+{ (NCDOT) Travis Wilson DOE r11-1 APPLICATION for Mayor Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primaty'Applicant/LandownerInformation Business Name One Life Obx Holdings, Llc Project Name (if applicable) Fertig Project Applicant 1: First Name Richard MI Last Name Fertig Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 9796 City Jackson, State VJY ZIP 83002 Country USA Phone No. 917 - 334 — 7911 ext. FAX No. Street Address (if different from above) City Slate ZIP Email fertigr@gmail.com 2. 'Age nt/ContractorInformation Business Name Atlantic Environmental Consultants, Llc Agent/ Contractor 1: First Name MI Last Name Doug A. Dorman Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city Slate 3266 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252-599-2603 ext. 252-261-7707 ext. FAX No. Contractor # 252 261 7707 Street Address (if different from above) city State ZIP Email dougdaec@gmail.com RECEIVE® <Form continues on back> AUG 2 1 2020 252-808-2808 :: t-686-4acoAST :: www.nccoestnlrn M-2egRC D Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State.Rd. # Dare County 26212 Otter Way Subdivision Name City State zip Wind Over Waves, Phase III Salvo NC 27972 - Phone No. Lot No.(s) (if many, attach additional page with list) 917 — 334 - 7911 ext. 19R, . a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pamilico Sound c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico Sound e. Is proposed work Within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed NYes [-]No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 2,508 linear feet. 201,368sf c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NIA NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4 feet avg ❑NHW or NNWL e. Vegetation on tract Red Cadet (Juniperus Virginians), live oak (Quercus virginia), red bay (Persia borbonia, wax myrtle (Morella cerifera), Black needlerush (Juncus romerianus), Salt Meadow Cordgrass (Spartina patens), Common Reed ( Phragmites australis), Groundsel tree (Baccharis halimifolia). I. Man-made features and uses now on tract There are no man-made features on property. g. Identify and describe the existing land uses ad'acen to the proposed project site. Single-family residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Single Family (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA 1. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? n <Form continues on next page> Mr_V�piLB V r_�U AUG 2 1 2020 252-808-2808 :: 7-888-4RCOAST :: wwrw.neeoastalma WE"C 1 10N 101HD Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (it) Are there coastal wetlands on the site? NYes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? NYes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Central wastewater system. o. Describe existing drinking water supply source. Dare County public water supply p. Describe existing storm water management or treatment systems. Low density storwater permit issued 3/27109. Permit # SW-7080907 5. Activities and Impacts y a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment NPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed wooden bridge will provide access to the proposed single family residence. Pier wil provide access to Midgett Cove for small boat access. The walkway and pier will extend to 20'x20' gazebo in the Pamlico Sound. 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. The proposed bridge, piers, elevated walkays and house will be constructed on pilings. Temporary wood matts will be used to, cross wetlands during construction of the residence and bridge. equipment to be used includes excavators, backhoe, dump trucks and small coantruction equipment. d. List all development activities you propose. Single family residence with dock, pier and gazebo. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 21.605 NSq.FI or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. surface runoff. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes NNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes [--]No ❑NA j. Is there any mitigation proposed? ❑Yes NNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> I wmAiiil, IOng iI using"PFU AUG 2 1 2020 252-808-2808 :: 1-888-4RCOAST :: www. n ccoasta lmanag amen t. net MP SECTIVO 1 MHD Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application than; (MP-1) the following items below, If applicable, must be submitted in order for the application , package to be complete. "Items (a) — (0 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. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, 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 waterfront (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 Wind Over Wave, LLC Phone No. ..:, Address'3675 Marine Drive, Greenville, N_C_27834 •_ _ . _ •' ., Name Phone No. Address ('Name - ,^ e -. ...... .. _ _ _ :-,.. . .. _ Phone No.. I Address'.' ` g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. SW-7050909 issued 9/26/05 SW-7080907 issued 3/27/09 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 by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name _Doug Signature 7;)6,0 4.1Z. Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ®DCM-MP-5 Bridges and Culverts RECEIVED ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information AUG 2 1 2020 252-808-2808 :: 1-568-4RCOAST :: wenrvv-occoastalotana6 mo t°.ir�t B 'IA® Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) tJCN!-(:C Attach this foam 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In fast. - - Access Channel (NLW or --------- Canal Boat Basin _ i Boat Ramp Rock 6roln Rock Brsakwahsr Other i (excluding � shoreline NWL � _ stabilization Length ( Width Avg. Existing NA NA i Final Project --- NA Depth ^--1— 1. EXCAVATION ®TNs section not opphicabhe a. Amount of material lobe excavated from below NHW of NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wettandsfmamh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shag bottom (SB), or other wetlands Mill If any boxes are checked. provide the number of square feet affected. ❑CIN ❑SAV ❑SB _ ❑WL ❑None (a) Describe the purpose of the excavation in these areas 2. DISPOSAL OF EXCAVATED MATERIAL ®Thus secfiar riot applicable a. Location of disposal area. b. Dimensions of disposal area. c. (I) Do you claim title to disposal area? ❑Yes ❑No ❑NA III) It no, allach a letter granling permission from the owner d. (i) Will a disposal Otte be available for future maintenance? ❑Yes F1No ❑NA ur) If yes, whale? e. h) Does Ire disposal area include any coastal wetlands/marsh t. (p Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes [-)No ❑NA or other wetlands rink)? If any boxes ate checked. prowde the number or square feet affected. ((p 1(yes. how much water area is affected? ❑CW ❑SAV ❑SB OWL T []None fii) Describe the purpose of disposal in these areas: RECEIVED JUN 17 2020 DCM-MHD CITY Received (It development is a wood gran, use MP-4- Stniclums) a. Type of shoreline stebiAtellan: []Bulkhead ®Riprap OBreakwater/Slll ❑Other: c. Average distance waterward of NHW or NWL 5' e. Type of stabilization material. Rock rip -rap g. Number of square feet of fill to be placed below water level. Bulkhead backfill __ Riprap %M BriakwalerlSill 51Q Other _— i. Source of fin material. Trucked In from outside source. ❑This section not applicable b. Length: 1235' Width: T d. Maximum distance walemofil of NI IW or NWL 30' f (i) Has there been shoreline erosion during preceding 12 months? ®Yes []No []NA (a) If yes, state amount of erosion and source of erasion amount information. T max in some localions. Site observations & Google Earth images h. Type of fill material. Rock 4. OTHER FILL ACTIVITIES ❑This section not applicable (Fuluding Shoreline Stabilization) a. (i) Will fig material be brought to the site? OYes ❑No ❑NA b. (i) Wit fill material be Placed in coastal wellandsimemb (CW). a. If yes. (if) Amount of material to be placed in the water D L iiii) Dimensions of fill area ],Z' x lffl & 12' x 9' dv) Purpose of fill Approach to bridge controlled? Sig fence to be installed around perimeter of access driveway during construction. c. (i) Wig navigational aids be required as a result of the project? ❑Yes ONo ❑NA (i) It yes, explain what type and how they will be implemonted submerged aquatic vegetation (SAV), shell bell= (SO). or other wetlands (NIL)? If any boxes are checked, provide the number or square feet affected. ❑CW _ ❑SAV .._ QSB OWL IM ❑None (lit) Describe the purpose of the fill in these areas: The wetland fill is for the drviveway and approach to bridge. b. What type of construction equipment wig be backhoe, or hydraulic dredge)? Small tractor. excavator, backhoe d. (i) Will wetlands be crossed In transporting equipment to project site? ®Yes ❑No ❑NA (ii) It yes, explain steps that will be taken to avoid or minimize environmental impacts. Wood matte will be used to cross wetlands during eonstructiom 6/21/20 Date Authorized agent - Doug Dorman Fill PmJecl Applicant Name '1 Project Name i M-----...-----.-� .— —.... Applrc�anl Sture ,ECEIVED JUN 17 2020 DCM-MHD CITY >ri$CWllily( Form DCM MP-3 UPLAND DEVELOPMENT 1)CM-E:;:; (Construction andtor land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Join[ Application that relate to this proposed project. Please include all supplemental Information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures._..__ .._._ b. Number of lots or parcels. proposed. 1 Construction of single family residence. —.__.._ ..... __.._ a Density (give the number of residential units and the units per d. Size of area to be graded. filled, or disturbed including mods. acre). ditches, etc. N/A 2f,005 sf a. If the proposed project will disturb more than one acre of land, the I. List the materials (such as marl. paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at Mast 30 days before land -disturbing Concrete and gravel. activity begins. _ (1) If applicable, has a sedimentation and erosion control plan been �. ^ submitted to the Division of Land Resources? -- ----- ❑Yes NNo DNA (if) If yes. list the date submitted. g. Give the percentage of the had within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces. such as require A Slormwater Certification. pavement: huddling, rooftops. of to be used for vehicular dmeways (I) Ihis a site development plan been submitted to the Division cf or perking. Water quality for review? 5.7%. (]Yes ❑No DNA f Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops. or to be used (or vehicular driveways or parking. 3.5% I. Describe proposed method of sewage disposal. Central wastewater system. (it) If yes. list the date submitted: Permit issued 3I27rO9 SW-7080907 k. Have the facilities described in Item (1) received state or !sal Approval? ®Yes ❑No ❑NA If yes, attach appropriate documentation. L Describe location and type of proposed discharges to waters of the in. Does the proposed project include an innovative stormwaler state (e.g., surface runoff, sanitary wastewater, industdag design'i commercial effluent, 'wash down and residential discharges). ❑Yes ®No DNA Surface runoff If yes, attach appropnato documentation RECEIVED JUN 17 2020 DCM-MHD CITY m. Describe proposed drinking water supply source (e.g.. well, community, public system. etc.) Dare County public water system o. When was the lol(s) platted and recorded? May 2020 5121120 Dale Fertig Project Project Name Richard Fertig Applicant Name Agent - Doug Dorman APp)�anl signal15, n. it Will water be impounded? DYes ONO DNA (0 It yes. )row many acres? p. If proposed devetopmenl is a subdivision, wJ[ additional ulkaies be installed for [his upland development? BYris DNo DNA Received RECEIVED JUN 17 2020 DCM-MHD CITY �al't;C:IUE'i:i Form DCM MP-4 `" STRUCTURES DGM-EG- (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 (hat relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking faciklylmadirs: ❑Commercial ❑Publfc/Governmem ®PrivaterCommundy c (I) Oock(s) andlor pier(s) (if) Number 2 (ill) Length 45, & 10O, (Iv) Width IF (v) Floating ❑Yes ONO e. (U Are Platforms Included? ZYes ONO If yes: (ill Number 2 00Length 50' & Gazebo 26 (fv) Width IT & Gazebo 29 (v) Floating ❑Yea ONO Nole: Roofed areas are calculated from Wiprinedmfens/ons. g. (I) Number of slips proposed 2 (if) Number of slips existing 4 r. Check the proposed type of sfhng: ❑ Land cud and access channel ❑Open water, dredging for basin and/or channel ®Open water, no dredging required ❑Other; please describe'. k. Typical boat length. 1 T m. w Will the facility have tie pilings? ®Yes ❑No (if) If yes number of he pilings? a ❑This section not applicable b. (i) Will the facility be open to the general public? Dyes ®No it. (P)Are Finger Pima included? []Yes ®No If yes: (if) Number _ lid) Length (iv) Width Width _ (v) Floating ❑Yes ❑No f. (i) Are Boatlias included? Dyes ONo If yes (id Number (iii) Length (iv) Width h. Check all the types or services to be provided. ❑ Full service, including travel lift andlor rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies Dockage ('wet slips') only, number of slips _ ❑ Dry storage, number of boils: _ ❑ Boat ramp(s): number of boat (ampsi ❑ Other, please describe - I Describe the typical boats to be served (e.g.. open runabout, charter boats. sail boats, mixed types). Jet ski & snag skflf<20' I p) Will the facility be open to (he general public? UYes ONO RECEIVED JUN 17 2020 DCM-MHD CITY Received 2. DOCKING FACILITY/MARINA OPERATIONS a. Chock each of the bllowirq sanitary facilities grad will be included In the proposed project. ❑ Office Toilets j] Toilets for patrons: Number: _ . Locatiow ❑ Showers ❑ Boalholding tank pumpoub Give type and location: U. Describe treatment type and disposal locallun rur all sanitary waelew IUM. c, Describe the disposal of solid waste, fish offal and bash. d. How will overboard discharge of sewage from boats be controlled? e (it Give the location and number of -No Sewage Dlscherge' signs proposed. (g) Glve the location and number of -Pumpout Avsilable'sgns proposed, 1. 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 of channel markers and 'No Wake signs proposed. _ i. Give the location of fuel -handling facilities. and describe the safety measures planned to protect we water quality. I. What will be the marina policy on overnight and live -aboard dockage? If Deacdbe design measures that promote boot basin flushing? I. If this project is an expansion of an existing manna. what types of services are currently provged'r m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No RECEIVED JUN 17 2020 DCM-MHD CITY n. Is The matmaklocking facility proposed within or adjacent to any shellfish narvesting areas Oyes ONo o- Is the matinaldocking facility proposed within or adjacent to coastal wellandslmarsh (CW), suamergetl aqualic vege , pep b011om l39). or other wetlands IWL)? If any boxes are checked. provide the number of square (eel aeeUed - ' • 4- ` OCW OSAV O58 _. OWL ONone p. Is the proposed mannaldocking facility located within or within close proximity to any shellfish leases? Uyes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease (3. BOATHOUSE (knotuding covered fills) ®This sac/ion not applicable 1 a. (1) Is the boathouse shucture(s): I OCommercial OPublldGovernment OPrivaleCommutMy (il) Number (tit) Length _ (iv) Width Note: Rooted areas are calculated free di ipline, dimensions. 4_ GROIN (e.g. wood, sheeidie, atc_ It nick groin, us MP-2, ExcaveHon and Fig.)--- ®This section not apphrabll a. (I) Number (it) Length (th) Width S. BREAKWATER (e.g., wool, sheotpde, etc.) ®This section not applicable a. Length b Average distance from NM NWL. or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the suucblre(s): OCommerciel OPublid0overnment OpnvatelCommumty a Distance to be placed beyond shoreline Note: This should he measured from marsh edge. i1 praseal. e. Arc of the swing ,_ b. Number d. Description of buoy (color, inscription. size. anchor, etc.) RECEIVED JUN 17 2020 DCM-MHD CITY ?eceived 7. GENERAL a. Proximity of shuclure(s) to adjacent opanan property lines 41(Y miles to the north, 1, W to the south, Note: For buoy, or mooring pifing, use arc of string including longth of vessel. c. Widlh of water body Pamlico Sound 10t miles Mitlnall Cove 250' a. fit Will navigational aids be required as a resuk of the protect? Oyes ®No ONA (ii) If yes. explain what type and how they will be implemented. o c "E b. Proximity of structures) to adjacent docking facilities, 0.28 mikes to the north. 0.25 miles to the south. d. Water depth at waterward and of structure st NLW of NWL -2 5' at pier in Pamlico Sound -3 0 at Midgeti Cove pier U This section not appaceble a. Give complete description. - Elevated walkways over wetlands - 6' x 305' 0 V x 40' 5121120 Date Fertig Project Project Name Richard FeNg Applicant Name ) ppgeanl Sig RECEIVED JUN 17 2020 DCM-MHD CITY form ON MP-5 BRIDGES and CULVERTS Heceived fl Attach this form to Joint Application for CAMA Major Permit, Form DCM MP - I - Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES ❑This section not applicable a. Is the proposed bridge: rea b. Water body to be crossed by bridge: C]Commefcial ❑PubhuGovernment OPfivaroiCOmmumly 404 wetlands c. Type of bridge (construction material): Wooden e. (i)Will proposed bridge replace an existing bridge? []Yes ®No If yes, (a) Length of existing bridge: _ (iii) Width of existing bridge: _ (iv) Navigation clearance underneath existing bridge. _ (v) Will all. or a pan of. the existing bridge be removed? (Explain) 9 Length of proposed bridge: 70' i. Will the proposed bridge affect existing water flovP ❑Yes ®No If yes, explain: d. Water depth at the proposed crossing at NLW Or NWL: NIA 1. (1) Will proposed bridge replace an existing culvert? ❑Yes ®No If yes. In) Length of existing culvan: _ (Ai) With of existing culvert: _ (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all. or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: 1Z J. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? []Yes ONO If yes. explain: x. Navigation dearanrx underneath proposed bridgeN/A I. Have you contacted toe U.S. Coast Guard concerning then approval? 1JYes ®No If yes, explain. M. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands. 6' waters? j�Ye ONO If yes. explain: Crossing Section 404 Wetlands 2. CULVERTS ®This section nor applicable a. Number of culverts proposed. b. Water body in which the Culvert is to be placed: < Form continues on back> RECEIVED JUN 17 2020 DCM-MHO CITY Rec eiveri c. Type of culvert (construction material): DCM-F1' d Iq Was proposed curved replace an existing bridge? a. it; Will proposed culvert replace an existing cutven? ❑Yes ONo OYes []No It yes, (11) Length of existing bridge. (ill) Width of existing bridge (N) Navigation clearance underneath existing bridge _ (v) Will all. or a pen of, the existing bridge be removed? lExplain) f Length of proposed cured h. Height of the top of the proposed culvert above the NHW or NWL. I. NB the proposed culvert affect navgallon by reducing or increasing the existing navigable opening? [:lYee []No If yes, explain: If yes, Of) Length of existing culven(s). (Hf) Width of existing culved(s) _ gv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of. the existing culvert be removed? (Explain) q. Width of proposed culvert: i. Depth of culvert to be buried below existing bottom contour. it, Will rite proposed culvert affect existing water How? OYes C]No If yes, explain: 9. EXCAVATION and FILL ❑This section nor appBcebre a. (I) Will the placement of the proposed bridge or culvert require any excavation below the NNW or NWL7 ❑Yes ®No If yes. (h) Avg length of area to be excavated. ...... (in) Avg, wihih of area to be excavated: (iv) Avg. depth of area to be excavated: _ (v) Amount of material to be excavated in cubic yards. _ c (d Will the placement of the proposed bridge of culvert require any high -ground excavation? []Yes ®No If yes. (n) Avg- length of area to he excavated, (Oil Avgwidth of area to be excavated' (w) Avg. depth of area to W excavated: _ (v) Amount of material to be excavated tit cubic yards. _ b. (i) Will the placement of the proposed bridge of culvert require any excavation within coastal "Pands/maish (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. EICW pSAV OSB _. OWL ®None (if) Describe the purpose of the excavation in these areas. RECEIVED 9 DCM-MHD CITY sec ejved d. If the placement of the bridge or culvert involves any excavation, please complete the following. (I) Location of the spoti disposal area l� GYM____ (it) Dimensions of the spoil disposal area: _. (in) Do you claim fille to the disposal area? Oyes ONo (If rm, attach a falter granting pemrissiore frmn the mvnetJ far) Will the disposal area be available for future maintenance? Oyes ONO (v) Does the disposal area include any coastal wellandrimarsh (CW), submerged aquatic vegetation (SAYS). other wetlands (AIL), or shell bottom (SB)? OCw OSAV OWL OSB ONone If any boxes are checked, give dimensions if different from (it) above. tvi) Does the disposal area include any area below the NNW or NWL? It OYes ONo If yes, give dimensions if different from (d) above. a. (t) Will the placement of the proposed bridge or euiven result in any I. (it Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to fill (other then excavated material described in Item d above) to be placed below NNW or NWL? Oyes ®No be placed withtn coastal weltandstmarsh (Cif). submergod If yes aquatic vegetation (SAV), shell bottom (SO), or other wetlands (WL)? If any boxes are checked, provide the number of square (it) Avg, length of area to be filled: ___._.. feet affected. (tit) Avg. width of area to be filled: _ OCW _,. OSAV OSB _ (iv) Purpose of fill. [)WL t 325sf ONone --- -- (it) Describe the purpose of the excavation in these areas- ----- -__—` Bridge approach and driveway. See MP-2, 4.b(i)(ii) for details. g. (I) Will the placement of the proposed bridge or culvert result in any rill (other than excavated material described in Item d above) to be placed on ligh-ground'? Dyes �JNo It yes, In) Avglength of area to be filled: (hit Avgwidth of area to be filled: Irv) Purpose of rill: a. We the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? OYes ONo detour structures? OYes ONo If yes, explain. If yea. explain. H this portion of the proposed proiact has afraedy received—�.w._, �........_.._ Oppmvat from local authorities. please attach a copy of The a7)l1rO v87 Or CBIIiLCala3u < Form continues on back> RECEIVED JUN 17 2020 DCM-MHD CITY c. Will The proposed project require any work channels? d. Now will excavaled or fill material be kept on site and erosion Oyes ONo controlled? If yes, axnMete Fomn ocM-MP.Z Silt fence will be installed in work areas and toe of slope at wetland fill areas to prevent further impacts to wetlands. e. What type of conslruclion equipment will be used (tor example. dragl ne. backhoe, or hydraulic d(edge)O Excavator, backhoe, hydraulic pump. hand tools. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? []Yes ®No If yes, complete lam MP-2. Section 3 for Shoreline Stabilization only. I. Will wetlands be aossed in transporting equipment to project site? OYee ONO It yes, explain steps that will be taken to avoid or minimize environmental Impacts. Temporary mailing will be used during construction of bridge and driveway. ec,eived 5/4l20 Date Fertig Bridge project memo Richard Fertig Applicant Name// ..._._-- AppliesM Signature OGMI( RECEIVED JUN 17 2020 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality October 1, 2020 Atlantic Environmental Consultants LLC. Doug Dorman (dougdaec@gmail.com) SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for One Life OBX Holdings, LLC. (formally Richard Fertig), in Dare County Dear Mr. Dorman: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Elizabeth City office on May 26, 2020. On August 14, 2020, processing of the application was placed on hold pending resolution of issues with The NC Division of Water Resources (NC DWR) and a DCM request for additional information concerning the sale of the property. This office received correspondence from the NC DWR on September 25, 2020 that the NC DWR issued their General Certification. Therefore, with the concerns of the NC DWR satisfied and the additional information concerning the sale of the property provided to the DCM, processing of your permit application has officially resumed. The revised projected 150-day deadline for making a decision is January 12, 2021. Please feel free to contact me by phone at (252) 808-2808 ext. 215 if you would like to discuss this matter further. Sincerely, Gregg Bodnar Assistant Major Permits Coordinator CC: DCM Elizabeth City Chris Pullinger, DWR WaRO (via email) Josh Peletier, USACE Washington Regulatory Field Office (via email) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 q Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, October 1, 2020 9:20 AM To: Doug Dorman Cc: Spivey, Kelly Subject: One Life OBX Holdings LLC Attachments: One Life OBX Holdings LLC OFF HOLD.pdf Morning Doug, I received the DWR certification recently. So with that I have taken the project off hold. I am still waiting on USACE and I have contacted them this week. I know there was a request for mitigation and I believe that has been provided. So hopefully Josh can get things finalized on his end soon. When that is official I should be able to make our final decision shortly thereafter. Thanks, Gregg r. PRIEQ oimu'.aaterru.,K�iOaa«7� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28M ext 21S (Office) Gregg.BodnarPn edenr.gov Email carresporrdence to and from this address is subject to the North earolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. PECAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality August 14, 2020 Atlantic Environmental Consultants LLC. Doug Dorman (dougdaec@gmail.com) 4P/4F SUBJECT: Coastal Area Management Act (CAMA) Permit Application'Submittal for One Life OBX Holdings LLC. (formally Richard Fertig), in Dare County Dear Mr. Dorman: This letter is in response to the above referenced CAMA Major Permit request, which was accepted as complete by the Division's Elizabeth City office on May 26, 2020. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. The required item is summarized below: 1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that, prior to taking final action on a project of this nature, a Water Quality Certification for the proposed development must first be approved by the Division of Water Resources (DWR). Based upon the attached hold for additional information from the DWR dated August 12, 2020, it appears as though additional information from the applicant will be required before a final decision on issuance of a Water Quality Certification can be made. 2) The Division of Coastal Management has learned that the property previously owned by the applicant Mr. Richard Fertig, has been sold to One Life OBX Holdings LLC. In order to continue processing the permit application, additional corrected documentation must be provided to this office. These documents include: Updated MP forms with the corrected applicant where applicable and agent authorization form Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the updated Major Permit forms are updated and the required information is provided to the DWR, a Water Quality Certification is issued for the project, and a copy of the North Carolina Department of Environmemal Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252.908.2808 approval supplied to this office. A copy of the DWR hold letter in the email attachments for your reference. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at grega.bodnarna ncdenngov. P/ Sincerely, 4 'Ac�ilii, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: Kelly Spivey, DCM WaRO Chris Pullinger, DWR WaRO Josh Pelletier, USACE Washington Regional Office D Q2� North Cardin Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.8081808 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Dimcior Richard Fertig PO Box 9796 Jackson, Wyoming 83002 NORTH CAROLINA Environmental Quality August 12, 2020 RECEIVED AUG ^ ^� MP SECTION MHD DWR # 2020-0810 v1 Dare County Subject: REQUEST FOR ADDITIONAL INFORMATION Fertig project, 26212 Otter Way, Salvo (Lot 19r, Wind Over Waves s/d) Dear Mr. Fertig: On June 17, 2020, the Division of Water Resources (Division) received a copy of your CAMA Major application requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Avoidance and Minimization of Impacts A recent site visit by DWR suggests that there may be impacts to wetlands that may not have been accounted for, due to the dynamic nature of wetland boundaries. Please provide a current/verified jurisdictional determination (JD) indicating the limits and types of wetlands present on the site. 2. Stormwater treatment Please clarify how stormwater will be treated, and how your proposal will meet any DEMLR coastal stormwater requirements. Pursuant to 15A NCAC 2H. 0506 (6)(f) and Title 15A NCAC 02H .0506 (6)(g), the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. D_E Q�� North Carolina Department: of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27889 • �•••+•� /•� 252.94&6481 Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under the Neuse Riparian Buffer Rules for this activity and any work done within riparian buffers or waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Chris Pullinger at 252-948-3918 or chris.oullin¢erC5)ncdenr.aov if you have any questions or concerns. Sincerely, 0, PAR y,,, Chris Pullinger, Environmental Specialist 11 Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Doug A. Dorman, Atlantic Environmental Consultants, LLC (via e-mail: douadaec(Memail.com) Richard Fertig (via e-mail: fertierCalamail.com) Josh Pelletier, USACE Washington Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Kelly Spivey, DCM WaRO DWR Files/Laserfiche FjAF RECEIVED AUG 1 3 2020 MP SECTION MHE) Bodnar, Gre From: Bodnar, Gregg Sent: Friday, August 14, 2020 8:59 AM To: Doug Dorman Cc: Spivey, Kelly; Carver, Yvonne Subject: One Life OBX Holdings CAMA Hold Attachments: Signed_2020-0810 v1 Fertig - 26212 Otter Way - Dare Co. (ON HOLD) - 20200812).pdf; One Life OBX Holdings LLC HOLD.pdf Morning Doug, Based on the above DWR Hold please see above for the DCM hold for One Life OBX Holdings LLC (Formally Richard Fertig). In addition Kelly Spivey let me know that the property has been sold. He provided the new deed but we will need to update the MP forms where appropriate and get an updated agent authorization form. A review of the registered agents for the company did not indicate Mr. Fertig among them, so we wanted to make sure all the appropriate documentation was correct as we move forward. Finally with the changes that have been made I wanted to verify that I have the most updated workplans correct for the file. Currently I have... Sheet 1 of 5 dated Revised 8/10/20 Sheet 2 of 5 dated Revised 7/27/20 Sheet 3 of 4 dated Revised 5/21/20 Sheet 4 of 5 dated Revised 8/10/20 Sheet 5 of 5 dated 7/27/20 Besides the DWR hold I am waiting on USACE which has discussed the need for compensatory mitigation and I have not received confirmation yet from WRC that the recently updated plans satisfy her concerns. I did receive the information you supplied DWR concerning their hold request. I will touch based with the resource agencies and keep you in the loop if any additional information comes my way. Thanks, Gregg Gregg Bodnar Assistant Major permits Coordinator DhdsMn of COastMl Management DE Department of Environmental quality 252 BOB 2808 ext 215 (Office) _.._._____.___...._......_. ..._.-— Gre g R,,Bodnar90ncdanraov Email correspondence to andf mn this address is sub)ect to the North Caralirm public Records darn and may be disclosed to third parties. RECEIVED DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD J U N 17 2020 APPLICANT: Rkhar+~g N V»pClk S u-COUNTY: Dare MHD CITY PROJECT NAME:Fatig Project DCM- LOCATION OF PROJECT: on Pandico Sound of 26212 Offer Way in Wind over Waves, Salvo, North Carolina DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-26-20 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Spivey DISTRICT OFFICE: WASHINGTON DISTRICT MANAGER REVIEW: p B) DATE RECEIVED BY MAJOR PERMITS UNIT: _6/17/2020_ FEE REC'D: $400.00 (100%)#"Click or trap here to enter text. APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 6-21-20 END OF NOTICE DATE: 7-11-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 8-9-20 HOLDS: b/14ho — 10/16 MAIL OUT DATE: 6-17-20 PERMIT FINAL ACTION: ISSUE DENY DEED REC'D: Choose an item. II L/ 150 DAY DEADLINE: �Z 70 — I113[ ( STATE DUE DATE: Click or tap to enter a date. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep I �µ� w 4 to� 4 to DCM — LUP Consistency Determination Local Permit Officer 7 I? Zr 1W Corps of Engineers — Regulatory Branch 0t' Ji Jvt o 20 �a� DWR-401Section jp ZOZO—U DWR—Public Water Supply DEMLR — Stormwater & Sed/Erosion 5 o SG n( DOA — State Property Office Wildlife Resources Commission 1 u W Z 70 �� ; rt ✓ DMF — Shellfish Section DMF — Habitat & Enhancement -71 DNCR — Archives & History DNCR — Natural Heritage Program NCDOT Rural Development Division (/ I r4 SwT 1' ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator RECEIVE® Division of Coastal Management, Morehead City FROM: Yvonne Carver, Field Representative $M AUG 1 3 2020 THROUGH: Kelly Spivey, District Manager, Washington Office RKS MP SECTION MHD DATE: 08/07120; Revised 08/12/20 SUBJECT: Recommendations for Richard Fertig Major Permit Application (property ownership now recorded as One Life OBX Holdings, LLC) The applicant proposes to construct a single-family residence (SFR), swimming pool, parking area, retaining wall around the perimeter (including residence, pool, parking and west bridge approach), elevated wooden vehicular bridge over wetlands for access to upland area, 404 wetland fill, walkway/pier to a gazebo, a dock with 2 slips, riprap revetment and breakwater. The site of the proposed development is located at Lot 19r, 26212 Otter Way in the Wind over Waves Phase III subdivision in Salvo, Dare County. The development proposed will involve the Estuarine Waters, Public Trust Area, Estuarine Shoreline, Public Trust Shoreline, and Coastal Wetland AECs. 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 07H .0206 ESTUARINE WATERS (d) Use Standards. Suitable landiwater 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. vgwvmnee,4mn wnmh\ /' North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.2643901 15A NCAC 07H .0208 PUBLIC TRUST AREAS (a) General Use Standards (1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches; (b) Specific Use Standards (6) Piers and Docking Facilities. (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking; (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; (G) Pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); (ii) not extending into the channel portion of the water body; and (III) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. (1) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the V,pnENED AUG 1 3 2020 MP SECTION WD line meets the water's edge. The minimum setback provided in the rule may be waived by the written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are cc applicants. Consistent: The proposed platforms total 700 sf; the gazebo will be roofed. The piers and walkways are no wider than 6' and will be elevated over the wetlands per Division guidelines. No SAVs will be impacted in the construction of the boat slips. The proposed development meets the intent of 15A NCAC 07H .0206 and 07H.028 rules. 15A NCAC 07H .0209 COASTAL SHORELINES (a) Description. The Coastal Shorelines category includes estuarine shorelines and public trust shorelines. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid or minimize adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. Development shall comply with the following standards: (1) All development projects, proposals, and designs shall preserve natural barriers to erosion, including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to service the primary purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation shall be permitted if impervious areas are not increased and the applicant designs the project to comply with the rule to the maximum extent feasible. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water that is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. (B) No development project proposal or design shall propose an angle for graded slopes or fill that is greater than an angle that can be retained by vegetative cover or other erosion control devices or structures. (C) All development projects, proposals, and designs that involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; unless the project involves clearing land for the purpose of forming a reservoir later to be inundated. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. RECEIVED AUG 1 3 2020 NIP SECTION MH D (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Natural and Cultural Resources. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not.encroach upon public accessways nor shall it limit the use of the accessways. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; (D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public use or need; (G) Grading, excavation and landscaping with no wetland fill except when required by a permitted shoreline stabilization project. Projects shall not increase stormwater runoff to adjacent estuarine and public trust waters; Consistent: The proposed impervious coverage in the upland development is noted at 9,543 sf, for a total of 5.7%. A proposed force main will connect to a central wastewater system in the subdivision. In the construction of the 70'x12 wooden, elevated vehicular bridge and bridge abutments, the applicant proposes to fill 1,325 sf section 404 wetlands. A 12' wide gravel driveway is planned to connect to Otter Way. It is the staffs' recommendation that the proposed project appears consistent with 15A NCAC 07H.0209, as long as the project is approved by the NC Division of Water Resources and the US Army Corps of Engineers' rules and regulations. 15A NCAC 07H .0205 COASTAL WETLANDS (d) Use Standards. Suitable land uses are those consistent with the management objective in this Rule. First priority of use shall be allocated to the conservation of existing coastal wetlands. Secondary priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere. Unacceptable land uses include restaurants, businesses, residences, apartments, motels, hotels, trailer parks, parking lots, private roads, highways, and factories. Acceptable land uses include utility easements, fishing piers, docks, wildlife habitat management activities, and agricultural uses such as farming and forestry drainage as permitted under North Carolina's Dredge and Fill Law, G.S. 113-229, or applicable local, state, and federal laws. Consistent: Approximately 2,010 sf of Coastal Wetlands will be shaded in the construction of two piers and walkways. The proposed development meets the intent of this rule. 15A NCAC 07H .2401 PURPOSE The general permit for placement of riprap revetments for wetland protection in estuarine and public trust waters shall allow the placement of riprap revetments immediately adjacent to and waterward of the wetland toe. This permit shall only be applicable in public trust areas and estuarine waters according to authority provided in 15A NCAC 07J .1100 and according to the rules in this Section. AUG 1 3 2020 MP SECTION MHD 15A NCAC 07H .2405 SPECIFIC CONDITIONS (a) This general permit shall only be applicable along shorelines possessing wetlands, which exhibit an identifiable escarpment. (b) The structure shall be constructed of granite, marl, riprap, concrete without exposed rebar, or other suitable equivalent materials approved by the Division of Coastal Management. (c) The height of the erosion escarpment shall not exceed three feet. (d) The riprap shall be placed immediately waterward of the erosion escarpment. (e) The riprap revetment shall be positioned so as not to exceed a maximum of six feet waterward of the erosion escarpment at any point along its alignment with a slope no flatter than three feet horizontal per one foot vertical and no steeper than one and one half feet horizontal per one foot vertical. (f) The riprap shall be positioned so as not to exceed a maximum of six inches above the elevation of the adjacent wetland substrate or escarpment. (i) No backfill or any other fill of wetlands; submerged aquatic vegetation, estuarine waters, public trust areas, or high ground areas is authorized by this general permit. 0) No excavation of the shallow water bottom, any wetlands, or high ground is authorized by this general permit. (k) Riprap material used for revetment construction shall be free from loose dirt or any pollutant and be of a size sufficient to prevent its movement from the site by wave action or currents. (I) If the crossing of wetlands with mechanized or non -mechanized construction equipment is necessary, temporary construction mats shall be utilized for the area(s) to be crossed. The temporary mats shall be removed immediately upon completion of construction of the riprap structure. (m) The permittee shall maintain the structure in good condition and in conformance'with the terms and conditions of this permit or the remaining riprap revetment shall be removed within 90 days of notification from the Division of Coastal Management. Consistent: The applicant has adjusted their proposal such that the base for the riprap revetment and breakwater totaling 1,235 Ift will be as follows: • From boat dock to breakwater section in Midgett Cove, 385 Ift with a 6' base width; • From breakwater to the pier/gazebo in Pamlico Sound, 270 Ift with an 8' base width; and • From pier/gazebo to inside north cove, 580 Ift with a 6' base width. o The riprap revetment and breakwater structures are proposed at a max of 6" above the wetland substrate and NWL, as referenced in Sheet 4 of 5, revised 08/10/20. • The change in base width will reduce the proposed impacts in the Public Trust Waters from 9,880 sf to 7,950 sf (a reduction of 1,930 so. The proposed development meets the intent of this rule. Based on my review of the applicable subsections of the NC Administrative Code, the permit application, and plans submitted on behalf of Richard Fertig, staff recommends a Major Permit be issued to the applicant subject to the standard permit conditions of the CAMA, in correlation with project approval by the NC Division of Water Resources and the US Army Corps of Engineers' rules and regulations. AUG 1 3 2020 - ' .ri, un ROY COOPER R> Govcrnor MICHAEL S. REGAN Secretary BRAXTON DAVIS NOR M CAROLINA Direclor, Division ofCoaval Li: v;ruxmtn,t;l i'unlilp Management June 17, 2020 MEMORANDUM: 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) g reao. bod nar(ancden r. oov SUBJECT: CAMA Major Permit Application Review Applicant: Richard Fertig Project Location: on Pamlico Sound at 26212 Otter Way, Salvo in Dare County Proposed Project: To construct a single family -dwelling, pool, parking area, wooden bridge, 2 piers, rip rap, retaining wall and wooded wetland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greap Bodnar at the address above by July 8, 2020. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 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 Kacee C Zinn AGENCY. NCDMF-Shellfish Sanitation SIGNATURE "' (L-` sZH' for Shannon Jenkins DATE 6/17/20 J U N 1 9 2020 MP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 ROY COOPER G"'w"or MICHAEL S. REGAN Seenvurl, BRAXTON DAV[S NORTH CAROLINA Onvemq l.lmn'inn n! ('mural Enviro ptenfrll Onaliy ddnuJgrN['nl June 17, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Cpurler;U4.10r areas. bodnarfa�ncdenr. oov SUBJECT: CAMAMajor Permit Application Review , Applicant: Richard Fertig Project Location: on Pamlico Sound at 26212 Otter Way, Salvo in Dare County Proposed Project: To construct a single family -dwelling, pool, parking area, wooden bridge, 2 piers, rip rap, retaining wall and wooded wetland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by July 8, 2020, If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 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*" LL This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME CIj�ytil+�',PId AGENCY pubGL SNoafll Sg l�r en SIGNATURE CP�f vN/ DATE 6-,10 -Ad 101 JUN 1 8 2020 NIP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 ROY COOPER h IGHAEL S. REGAN 3-R?XTO`7D t'IS June 17.2020 ME.MORA14DUM: FROM Gregg Bodnar, Assistant Major PermRs Coordinator NCDEGf - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28567 Fete 252-247-3330 (Crwrier04-7tii.73) ±prepa-bodnar$4node nr.9 SUBJECT GAhQA M*rPa mitAppficafion, Review. Applicant: Richard Fertig Project Location_ on Pamlico Sound at 26212 Otter Way, Salvo in Dare County Proposed Project: To construct a single family -dwelling, pool, parking area, wooden bridge, 2 piers, rip rap, retaining wall and wooded wetland fill - Please indicate below your egency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by July S, 2020. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 848-3851 when appropriate, in-depth comments with supporting date is requested. REPLY: This agency has no abjection to the project as proposed. 'Additional comments may be attached" X This agency has no comment on the proposed prcject. This agency approves of the project only if the recommended charges are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRNITNAME Lee Padrick NC Commerce 4$1. P 6-24-20 RECEIVED JUN 2 52020 MP SECTION E %L&III NHCI, rmursrrne:I E[,L4LIS, 51u.�—. hlmurmrmJ '01',rtmrzt.-_.l. c.'if.:�s{�. ,:j1 ri.n.hk ?ttt7�,^,a,'I �119241q ROY COOPER ,r,4 (iorarnr 5 MICHAEL S. REGAN BRAXTON DAVIS NORTH CAROLINA Vmvrnn of r7r✓,red Eau•i:'e�mvnn.10.r�uhn: di'magomr June 17, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 Moune W^ grem.bodnar(ftcdencaov SUBJECT: CAMA Major Permit Application Review Applicant: Richard Fertig Project Location: on Pamlico Sound at'26212 Otter Way, Salvo in Dare County Proposed Project: To construct a single family -dwelling, pool, parking area, wooden bridge, 2 piers, rip rap, retaining wall and wooded wetland'fill. 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 July 8, 2020. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 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. X ME- PRINVIWA IE +Qu ow rr RECEIVEDAGIEMV �i JUN 0 2020 DATE 6-zl-zozV IVIP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252)809.2808 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 Coastal Management SUBJECT: Major Permit Request by Richard Fertig to install 1,235 linear feet of rip rap, a 6 foot wide by 50 foot long pier with a 6 foot wide by 50 foot long terminus "L" dock and three (3) tie pilings, a 6 foot wide by 305 foot long walkway that transitions to a 6 foot wide by 100 foot long pier with a 20 foot by 20 foot covered terminus platform, a 12 foot wide by 70 foot long vehicular bridge, and a 600 foot long retaining wall, and; construct a 54 foot by 40 foot single-family house with a 10 foot wide by 168 foot long covered deck, a pool, driveway and parking area; on a property with shoreline along the Pamlico Sound and Midgette Cove at 26212 Otter Way, in Phase III of the Wind Over Waves subdivision, in the village of Salvo, Dare County. DATE: June 29, 2020 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The 4.6 acre subject property is an undeveloped peninsula lot with 2,508 linear feet of shoreline on the Pamlico Sound to the north, south and west. The south side of the peninsula is referred to as Midgette Cove. To the west, water depths in the sound range from - .5 feet below Normal Water Level (NWL) at the shoreline to -2.5 feet below NWL a distance of 120 feet from the shoreline. In Midgette Cove, water depths are approximately -3 feet below NWL at a distance of approximately 50 feet from the shoreline. The property contains 3.74 acres of wetlands (delineated Section 404 Wetlands that transition to Coastal Wetlands along the shoreline) and .88 acre of uplands. An interior upland is connected to uplands on Otter Way by an approximately 40 foot wide strip of land bordered by sound to the north and south. The strip of land has a fringe of Coastal Wetlands less than 10 feet in width on both sides, with the remainder of the strip containing Section 404 Wetlands. The subject property is located within the AE (4) Floodzone. Installation of 1,235 linear feet of rip rap, a 6 foot wide by 50 foot long pier with a 6 foot wide by 50 foot long terminus "L" dock and three (3) tie pilings, a 6 foot wide by 305 foot long walkway that transitions to a 6 foot wide by 100 foot long pier with a 20 foot by 20 foot covered terminus platform, a 12 foot wide by 70 foot long vehicular bridge, and a 600 foot long retaining wall, and; RECErvED wm n.woun North Carolina Department of Environmental Quality I Division of Coastal Management J U N 3 0 2020 Elizabeth City Office 1 401 South Griffin Street Suite 3001 Elizabeth City. North Carolina 27909 2522643901 MP SECTION MHD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 7 construction of a 54 foot by 40 foot single-family house with a 10 foot wide by 168 foot long covered deck, a pool, driveway and parking area are proposed. The rip rap will have an 8 foot wide base and will be installed waterward of Coastal Wetlands. The rip rap will surround the perimeter of the peninsula, with a 6 foot wide opening installed south of the peninsula so that the riprap serves as a breakwater. The pier with "L" dock and pilings will be installed in Midgette Cove and will provide two (2) fixed boat slips. The 405 foot long walkway/pier with terminus platform will traverse Coastal Wetlands and extend into the Pamlico Sound. The bridge will cross the 40 foot long strip of land to allow vehicular access from the driveway along Otter Way to the interior upland. The retaining wall will be located immediately landward of the delineated Section 404 wetlands that surround the interior upland. As indicated on the site plan, wastewater discharge will be treated by the central wastewater system located in the Wind Over Waves subdivision. The Pamlico Sound in this area is classified as SA-HQW and Coastal Waters and is open to shellfishing. No Submerged Aquatic Vegetation (SAV) was observed in the project area. A history of archaeological sites was not available for the property. Anticipated Impacts resulting from this project are expected to include: the filling of .23 acre of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 1,325 sq. ft. of Section 404 Wetlands; the disturbance of .5 acre of Highground within the Estuarine Shoreline AEC, and; the shading of 840 sq. ft. of Section 404 Wetlands, 2,010 sq. ft. of Coastal Wetlands AEC, and 1,600 sq. ft. of Public Trust Area/Estuarine Waters AEC. Basis for Determination: The Dare County Land Classification Map identifies the subject property as 'Transitional Corridor'. As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). As indicated on Page 207, "(t)he purpose of the transition corridor category is to provide for more intensive development on lands that are suitable and will be provided with the necessary infrastructure and services to support urban -style development." As indicated on Page 208 for Salvo, "(c)entral water from the Dare County water system is available. Wastewater is provided by individual on -site septic systems." As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab -shedders." A glossary of key words is provided on Page 140. Defined terms include: RECEIVED Advocate: to promote or encourage Encourage: to favor or foster (also see support J U N 3 0 2020 MP SECTION Ira HD North Carolina Department of Environmental Quality Division of Coastal Management Recognize: to show awareness of an issue or condition Shall: mandatory, not optional; a more formal term for "will" Should: preferred or recommended but not mandatory in all cases Support: to foster; may imply financial support The following LUP policies may be applicable to this request. Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's rightto access and use of the public trust areas and waters." Land Use Compatibility: Coastal Heritage Policy LUC#1, Page 149. "Dare County recognizes the importance of our coastal village heritage and will continue to work toward the preservation of that heritage with appropriate land use guidelines and regulations." Policy LUC #2, Page 149. "Public sector and private sector development activities should recognize Dare County's coastal heritage and incorporate traits reflective of our heritage in building design and other site features and improvements." . Residential Development Policy LUC #3, Page 152. MEMORANDUM Page 3 of 7 "Residential structures shall be the preferred land use in unincorporated Dare County for both seasonal accommodations and permanent housing. All new residential structures, whether attached or detached, are encouraged to be on a scale that is consistent with existing neighborhood patterns of development." J U N 3 0 2020 111P ,SECTI N MHD North Carolina Department of Environmental Quality Division of Coastal Management Land Disturbance Policy LUC #14, Page 159. "Tree clearing and land disturbing activities on small residential lots or other private property should be done prescriptively or according to the guidelines of NC Cooperative Extension office or the UNC Coastal Studies Institute. The use of fill material on private property, although not currently regulated by the Dare County Zoning Ordinance, should be accomplished in a responsible manner." Archaeological/Historic Resources: 0 Policy LUC #15, Page 159. MEMORANDUM Page 4 of 7 "The Dare County Board of Commissioners supports the protection of structures, lands and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Infrastructure Carrying Caoacity: Wastewater Policy [CC #3, Page 167. "Centralized wastewater treatment and collection systems, for both on -site and off -site service, are considered appropriate methods for wastewater treatment in addition to the use of individualized on -site wastewater systems and traditional septic tank/drainfield systems. Although there are no publicly -owned central wastewater treatment systems in unincorporated Date County except for the Stumpy Point system, such systems may be beneficial alternatives in terms of water quality protection" Natural Hazards: Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine RECEPA E J U N 3 0 2020 NRP SECTION MLA® North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 7 shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concern (AECs) designed under the CAMA program..." Implementation Strategy, Page 180. 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County... 2. Rely on the regulations of the Dare County Zoning Ordinance for development activities along estuarine shoreline areas." Policy NH #3, Page 180 and Policy WQ#10, Page 192. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." Flood Hazards Policy NH#5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." Policy NH #6, Page 182. "Dare County shall use construction standards, such as elevation of buildings and the wind zone requirements for mobile homes and zoning regulations, such as the setbacks from water bodies and erosion -prone areas to mitigate the effects of high winds, storm surge, flooding, wave action, and erosion." s J U N 3 0 2020 ,LIU` SECTION MHD North Carolina Department of Environmental Quality Division of Coastal Management Water Quality: Policy WQ#2, Page 188. MEMORANDUM Page 6 of 7 "Development projects shall be designed and constructed to minimize detrimental impacts on surface water quality, groundwater quality, and air quality. Structures should be designed to fit the natural topographic conditions and vegetation versus modifications to natural conditions to accommodate structures." Stormwater Policy WQ #4, Page 190. "Efforts to preserve, protect and improve water quality should be managed at the local level. Local level management allows for a regulatory approach designed to specifically address unique local needs and conditions. Existing State stormwater rules should serve as the basis for local programs with adjustments made to address local needs, conditions, and community support." Policy WQ #5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features. Properties immediately adjacent to SA classified waters should be developed consistent with the dimensional standards and lot coverage limitations of the Dare County Zoning Ordinance. Vegetative buffers and other low —impact development methods identified by the UNC Coastal Studies Institute are appropriate tools to address stormwater runoff adjacent to SA waters." Wetlands Policy WQ #7, Page 192. "Dare County advocates the use of existing (2009) state and federal regulatory programs for protecting and preserving coastal wetland areas of environmental concern..." Policy WQ #8, Page 192. "Dare County supports the U.S. Army Corps of Engineers nationwide permit program as administered in 2009. This support is based on the current scope of permitting limits of the nationwide program and not any changes that may result in a different policy..." RECES' L JUN 3 0 2020 POP SECTION M! North Carolina Department of Environmental Quality Division of Coastal Management Fisheries Resources Policy WQ #11, Page 193. MEMORANDUM Page 7 of 7 "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." J U N 3 0 2020 6VIP SECTION WD ' ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS June 17, 2020 MEMORANDUM: 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) areas.bodnar(7c ncdenr.aov SUBJECT: CAMA Major Permit Application Review Applicant: Richard Fertig Project Location: on Pamlico Sound at 26212 Otter Way, Salvo in Dare County Proposed Project: To construct a single family -dwelling, pool, parking area, wooden bridge, 2 piers, rip rap, retaining wall and wooded wetland fill. 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 July 8, 2020. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 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. PRINTNAME _t> UtAt�O(�_ SW C'MvnErrt_ Wal `2c AGENCY SIGNATURE ��� I RECEIVE® DATE J U L 1 7 2020 State of North Carolina i Environmental Quality t Coastal ManagernM P SECTION M H ® 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 7�� 11 Y ROY COOPER a MICHAEL S. REGAN S¢crelary BRAXTON DAVIS NORTH CAROI INA Director. Dridnn afCnaclal E'm'irnnnamm; Oua;ar Managemen/ June 17, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) gregg.bodnar(a)ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Richard Fertig Project Location: on Pamlico Sound at 26212 Otter Way, Salvo in Dare County Proposed Project: To construct a single family -dwelling, pool, parking area, wooden bridge, 2 piers, rip rap, retaining wall and wooded wetland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gre4a Bodnar at the address above by July 8, 2020. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. `*Additional comments may be attached" %� This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF R"ECErvffE® SIGNATURE YyBy' JUL 1 7 2020 DATE 7 July 2020 MP SECTION Mid® State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 NORTH CAROLINA Enriromuenrnl Quality June 17, 2020 MEMORANDUM: ROY COOPER Onrenmr Secrelm7. BRAXTON DAVIS Direavnr, Dirisinn nrC unml ,1lnnegrnrrnl FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 _ Fax: 252-247-3330 (Courier 04-96-33) nregg.bodnar(@ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Richard Fertig Project Location: on Pamlico Sound at 26212 Otter Way, Salvo in Dare County Proposed Project: To construct a single family -dwelling, pool, parking area, wooden bridge, 2 piers, rip rap, retaining wall and wooded wetland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greca Bodnar at the address above by July 8, 2020. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 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. PRINTNAME 00Aj4 14 61LL/-FNt AGENCY _DAllz.F e�u%J'Tel Pr �IJA/l tJ� SIGNATUREGIC� DATE aA « Z v G'6ECEI'VfmD JUL 1 7 2020 MP SECTION MHD Stale of North Camliaa I Eavim®teaed Quality i Coastal Management 400 Commteme Ave. Morehead City, NC 28557 (2S2)8oa.2aoa Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Monday, July 20, 2020 2:46 PM To: Doug Dorman Cc: Bodnar, Gregg Subject: [External] Fertig, Wind Over Waves, Doug, I hope this email finds you well. I was touching base on the application for Fertig in the Wind Over Waves subdivision. Due to the cumulative impacts of the subdivision, we will require mitigation for the unavoidable impacts to jurisdictional wetlands. Please get the mitigation form as soon as you can and let me know if you have any questions..... Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Email: josh. r.pelletier@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: htti):Hcorpsmapu.usace.army.mil/cm apexMP=136:4:0 Thank you for taking the time to visit this site and complete the survey. ROY COOPER Govemw NORTH CAROLINA EnvlronmentalQuallry MICHAEL S. REGAN Secretary July 20, 2020 TIM BAUMGARTNER Director Richard Fertig PO Box 9796 Jackson, WY 83002 Expiration of Acceptance: 1/21/2021 Project: Fertig Permit County: Dare The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts forwhich you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location = 8-dl it HUC Impact Type Impact Quantity Tar -Pamlico 03020105 Non -Riparian Wetland 0.03 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerely, ���1Gtl�Yk.�o FOR James. B Stanfill Asset Management Supervisor cc: Doug Dorman, agent RRECE1IfffED AUG 1 7 2020 IMP SECTION 9' HD North Carolina Department of Environmental Quality I Division of Mitigation Services 217WJones Street 11652 Mall Service Center I Raleigh North Carolina 27699-1652 919.707.8976 A' Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, August 21, 2020 9:12 AM To: Dunn, Maria T. Subject: FW: [External] Re: One Life OBX Holdings CAMA Hold Attachments: Fertig Agent Auth 8.19.20.pdf; Fertig MP-1.pdf; Fertig CAMA SH1.pdfi Fertig CAMA SH2.pdf; Fertig CAMA SH3.pdf; Fertig ,CAMA SH4.pdf; Fertig CAMA SHS.pdf Morning Maria, Here are the most updated workplans due to a change in ownership mid -review. It seems the width has not changed beyond sheet 4 of 5 cross section stating that the width varies from 6-8 feet. Please let me know if this elevates your comments to "significant adverse imacts". Thanks, Gregg From: Doug Dorman <dougdaec@gmail.com> Sent: Wednesday, August 19, 2020 4:00 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Spivey, Kelly <kelly.spivey@ncdenr.gov>; Carver, Yvonne <yvonne.carver@ncdenr.gov> Subject: [External] Re: One Life OBX Holdings CAMA Hold G regg, Here is an updated agent authorization form, drawings and MP1 with One Life OBX Holdings, LLC as the applicant. Richard Fertig is still the owner its just a different name. I have sent Chris Pullinger updated information but not getting any response. What it is the time frame they have to comment? I understand he has a lot going on but the information he requested was sent in the original application and has been already been permitted by that office and the Corp. Thanks, Doug On Fri, Aug 14, 2020 at 8:58 AM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Morning Doug, Based on the above DWR Hold please see above for the DCM hold for One Life OBX Holdings LLC (Formally Richard Fertig). In addition Kelly Spivey let me know that the property has been sold. He provided the new deed but we will need to update the MP forms where appropriate and get an updated agent authorization form. A review of the registered agents for the company did not indicate Mr. Fertig among them, so we wanted to make sure all the appropriate documentation was correct as we move forward. Finally with the changes that have been made I wanted to verify that I have the most updated workplans correct for the file. Currently I have... Sheet 1 of 5 dated Revised 8/10/20 Sheet 2 of 5 dated Revised 7/27/20 Sheet 3 of 4 dated Revised 5/21/20 Sheet 4 of 5 dated Revised 8/10/20 Sheet 5 of 5 dated 7/27/20 Besides the DWR hold I am waiting on USACE which has discussed the need for compensatory mitigation and I have not received confirmation yet from W RC that the recently updated plans satisfy her concerns. I did receive the information you supplied DWR concerning their hold request. I will touch based with the resource agencies and keep you in the loop if any additional information comes my way. Thanks, Gregg murti� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) Gregg.Bodnar_ncdenr.aov Email correspondence to andhom this address is subject to the North Carolina PubNc Records Low and may be disclosed to third parties. It Bodnar, Gregg From: Dunn, Maria T. Sent: Tuesday, July 28, 2020 6:38 AM To: Bodnar, Gregg Cc: Pullinger, Robert C; Harrison, James A Subject: RE: [External] Re: FW: Richard Fertig, Dare Co Gregg, I have comments on Doug's cross sections. Did you send to Chris and Jimmy — anyone else? The cross sections doesn't look like he really changed the design, just put an arrow on the breakwater portion to say 6" The slope and how it approaches the shore is still off. In areas with wetlands, it is indicated that the material will be adjacent to wetland substrate — his cross section just has it next to it. My comment was to make a revetment, have the rock against the substrate, only 6" above grade. A revetment does not need 8' of top width. It isn't a sill. My comments were to reduce base and top width, minimizing shallow water habitat fill. The sill design in front of the scalloped shoreline is ok, though the width is still rather extensive. The detail regarding the placement and install of the sewer line is appropriate. I still think there are more wetlands on site than indicated. Maria T. Dunn Coastal Coordinator. NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, July 27, 2020 1:13 PM To: Doug Dorman <dougdaec@gmail.com>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: [External] Re: FW: Richard Fertig, Dare Co Thanks Doug, I will send them out to the other agencies as well for comments. Gregg From: Doug Dorman <dousdaec(@gmail.com> Sent: Monday, July 27, 2020 12:43 PM 4 To: Bodnar, Gregg <gregg.bodnar( ncdenr.eov>; Dunn, Maria T. <maria.dunn(@ncwildlife.org> Subject: [External] Re: FW: Richard Fertig, Dare Co e External email. Do nofclickalmks+or open attachments unless you verify, Send all susp+c+ous email+as amattachment`•fbiwz 4 i �.:.. .... re orts am nc. ov, , . Gregg & Maria, As per the comments dated July 20, 20201 revised the breakwater height to 6 inches above NWL. I have also attached a revised site plan and detail of the sewer force main and waterline that will be directional drilled under the wetlands. If you need anything else please let me know. Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Fri, 24 Jul 2020 at 09:02, Bodnar, Gregg <gregg.bodnar(ancdenr.gov> wrote: Per our discussion. Gregg From: Dunn, Maria T. <maria.dunnPncwildlife.org> Sent: Tuesday, July 21, 2020 6:22 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Richard Fertig, Dare Co Gregg, Please accept the attached for the above project. Thank you. Maria T. Dunn Coastal Coordinator i NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. ROY COOPER t - MICHAEL S. REGAN BRAXTON DAVIS June 17, 2020 C• �.OI�. 19.02 MEMORANDUM. FROM: Gregg Bodnar, Assistant Major Permits Coordinator "c�J NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 "'A SIM 7? �P, y Fax: 252-247-3330 (Courier 04-16-33) aregg bodnarD,ncdenr.Qo ti �. SUBJECT: CAMA Major Permit Application Review �`p `K 4 ;. Applicant: Richard Fer ig Project Location: on Pamlico Sound at 26212 Otter Way, Salvo in Dare County Proposed Project: To construct a single family -dwelling, pool, parking area, wooden bridge, 2 piers, rip rap, retaining wall and wooded wetland fill. 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 July 8, 2020. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 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"* - ,� -AMAI TJ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY W6113zL RECEVVED , I - J U L 2 1 2020 SIGNATURE DATE KIP SECTION MHD � �-�� Stara of North Carolina I Enviroarn.tal Quality l Coastal Maw9faamt 400 Commerce M. M.daCad City, NC 28557 (252) 808.2808 e- ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality M.-T FROM: Maria T. Dunn, Coastal Coordinator `- Habitat Conservation Division DATE: July 20, 2020 RECEIVE® JUL 2 1 2020 MP SECTION WD SUBJECT: CAMA Dredge/Fill Permit Application for Richard Fertig, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located within the Wind Over Waves subdivision at 26212 Otter Way along the Pamlico Sound in Salvo, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A- 100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a single-family residence with pool, parking area, wooden bridge, two piers, and shoreline protection that consists of riprap, a retaining wall, and wooded wetland fill. To access the upland area of the lot, a 12' by 70' vehicular bridge and approximately 1,325 W of wetland fill is proposed. Shoreline stabilization of the 2,508' of shoreline is proposed to be done with 1,235' of riprap with an 8' base against the coastal wetland interface and an 85' breakwater 30' waterward the shore in one area. Within Midgett Cove, a 6' by 50' pier with a 6' by 50' L-head dock and two slips will be constructed The water depth within the slips is approximately -3' NWL. A 6' by 305' walkway will also traverse the coastal wetlands on the west side of the peninsula and extend 100' into the sound and terminate with a 20' by 20' covered platform. The Pamlico Sound in this location is classified SA HQW by the Environmental Management Commission and is open to shellfish harvesting. The NCWRC has reviewed the permit application and has several concerns regarding the project development. Staff are familiar with the wetlands in the area and how they have a dominant presence within the Wind Over Waves subdivision. We are concerned the proposed development may have impacts to wetland and nearshore habitats not presented within the application. Therefore, we request the following be addressed: Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 The height of the riprap revetment against the coastal wetland shoreline should be no greater than 6" above the wetland substrate to allow hydrologic connectivity to the wetlands. Adherence to this design would likely reduce the base width of the riprap, further minimizing the area of shallow water habitat fill. Base width of the riprap and breakwater should be appropriate to obtain necessary slope and should not unnecessarily fill important habitat areas. • The application does not indicate how water or wastewater will be handled on the property. Information detailing water and sewer connectivity or septic field location should be provided. Details should include infrastructure location and any impacts to wetlands. • Wetland tines in this area adjacent the Pamlico Sound are dynamic and may demonstrate coastal or Section 404 characteristics seasonally. Careful consideration should be given regarding wetland types and project design to adequately address stormwater treatment and overall wetland fill. We appreciate the opporhmity to review and comment on this permit application. If you need fiuther assistance or additional information, please contact me at (252) 948-3916 or at maria dunnta�ncwildlifc.orro RECEIVED J U L 2 1 2020 NIP SECTION MHD Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Friday, June 19, 2020 6:46 AM To: Bodnar, Gregg Subject: [External] FW: CAMA Major Permit Dare County - Fertig M^ iiirsul&ernal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Gregg, Can you have Keri re -send this to my correct email? I wouldn't have seen it if Maria hadn't copied me on her response. Thanks! Josh From: Dunn, Maria T. <maria.dunn@ncwildlife.org> Sent: Friday, June 19, 2020 6:42 AM To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.miI> Subject: [Non-DoD Source] RE: CAMA Major Permit Dare County - Fertig The Wind Over Waves SD has a history of concern regarding wetlands and stormwater. I've not looked into it intensely, but perhaps cumulative impacts/wetland fill should be investigated. There were concerns in 2005-2008 regarding wetland delineations, changes of wetland lines over time, CRC variance issues regarding stormwater, and a court case I believe. I cannot recall if the lots were to be designed as to not require additional wetland fill. All may be ok, but it may not be the simple no comment check it appears to be. BTW I added the Fertig name to the subject line to better keep track of emails. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 Blockedwww. ncwildlife. ora Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Sparks, Keri E <Keri.Soarks@ncdenr.eov> Sent: Wednesday, June 17, 2020 8:09 AM S u To: Deaton, Anne <anne.deaton@ncdenr.gov>; Scarbraugh, Anthony<anthony.scarbraugh@ncdenr.gov>; Southerly, Chris <chris.southerly(@ncdcr.gov>; Whitfield, Clif <clif.whitfield@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; DCR - Environmental_ Review <Environmental.Review@ncdcr.eov>; Ward, Garcy <Rarcy.ward@ncdenr.gov>; Harrison, James A <James.Harrisontc@ncdenr.gov>; Josh R Peletier <josh.R.peletier@usace.army.mil>; Padrick, Lee <Ipadrick@nccommerce.com>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Love-Adrick, Rachel A <rachel.love- adrick@ncdenr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Thorpe, Roger <roger.thorpe@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Jenkins, Shannon <shannon.ienkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.Rov> Subject: CAMA Major Permit Dare County Importance: High To You Subject CAMA APPLICATION for Richard Fertig in Dare County Please accept this correspondence as the official distribution of a CAMA APPLICATION for the above referenced proposal. In the above attachments you will find the standard forms, work plans and comment sheet. As before, the comment sheet will provide the requested comment due date, DCM contact information, etc. This distribution email has a return receipt notification. Please accept the request, as we use that to log receipt of the application. Thanks, DCM Staff Keri E. Sparks Administrative Associate 11 Division of EnvironmentalAssistance and i Customerservice NC Department of Environmental Quality r Office:252-448-3820 v ked.sparks(npncdenr.gov Email correspondence to and from this address is subject to the North Carolina Pubfic Records Lavr and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Richard Fertig PO Box 9796 Jackson, Wyoming 83002 NORTH CAROLINA Environmental Quality September 24, 2020 DW R Project a 2020-0810 vl Dare County Subject. APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lot 19r, Wind over Waves, Phase III subdivision, Salvo NC - construct a single family dwelling, pool, parking area, wooden bridge, 2 piers, rip rap, retaining wall, and wetland fill 1-2 & 3-5, Virginia Dare Shores subdivision (26212 Otter Way) Dear Mr. Fertig: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on May 28, 2020 with additional Information received on July 31, 2020. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification Is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other Impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Wetlands W l - 0.03 (acres) 0 (acres) Plan Sheet 1 Open Waters owl -fill 0.23(acres) 0(acres) Plan Sheet 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. (15A NCAC 02B .0507(c)] Continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [35A NCAC 02H .0506 (b)(3) and(c)(3) and ISA NCAC 02B .0200 (3)(01 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment Impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .02001. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to RECEIVED SEP 2 5 2020 urces D_E Q Washingt nNorth l Regional Office Iina Department f943 Washington Square Mali I Division Washington, oorth Carolina 27889 ..p.�� 25Z946.6481 MP SECTION MHD reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. S. This approval and their conditions are final and binding unless contested. (G.S.143-215.5) These Certifications can be contested as provided In Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be fazed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee Is received by the OAH within five (5) business days following the taxed transmission. Mailing address for the OAH If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Ifsending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chris Pullinger at 252-948-3918 or chris.oullineerAncdenr.aov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Richard Fertig(via a -mall: fertigrLMgmail.comi Doug Dorman, Atlantic Environmental Consultants (via e-mail: dougdaecraemail coml Gregg Bodnar, DCM Morehead City (via e-mail) Kelly Spivey, DCM WaRO (via e-mail) Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail) Billy Standridge, USACE Washington Regulatory Field Office (via e-mail) Laserfiche/DW R file copy RECEIVED SEP 2 5 2020 MP SECTION MHD �l lllllllllllllIII lltill lIll III III III llllIII lllllllllllllllllllIII lllI lllllIIIIIIIII IT -III III lllltillIII lllllllllillIII llIII illlIII llilt, III v O lllllllll� lull?illlllilllI'lllllIIII III llllllllllllll'llllll11111 111 lllilllrlllllllllllllllllllllllllllllllll ill, ll l�' 1Llllallllllllllrillllltillllltllllllllllilllllllllllllllll o gag Ra $ m ���mmi; � � e llil�ll��ll�l�lllilllllllllllilllllllllllllllllllll'.11lllllillllilllllllllll a ' >� o`9Y a lllllh ll l h l�lilllll hllllilllInIII lllllllllillllllilllllllllllllllllllill g illlllllA IIItll�li,llllllll111�gIlll a IIILlllltllllllllllllllliililllllillll'tll N s „gym g llliilllillll�lll`i3ilzlilllllzllIa1�1 4u111 1111 1i11111111111111111111111111111 r `-; lllll'.l lll�tll.11llll lllilllli�l�ll��F�ll�' lllllllllllllllllllAilllllllllllllll m llllll' 14411li,4111 1141 lllllk�ll=lllt�'lllilllmllllli111111olllillllilllllll j lull 111 �lll ill l>IMii1 .19 1, llilll llllllll'lil$mllllilllllllllll o D C7 e III it 'j� llll - ll>lllllla' llalllxlllllllllll?�illlllllilllllll m � � � D - Iill't-ll ,����" llilllh ,�-,'�-,' _-�'.11m'�ll�,ll;l�:llllltl>lllllllilll�blllllllilllliill m o � � lillll� , � "_�. r \ ll�Cll ll,.�iillalll;illlill,llll�i�illllllllll.11lil v i z D '2 ll 1l -t�,.r ;"�'� � ,�r_"- \ l�lllll i llNllllilillil��'ll?illllllliltl 1 o lull / ' l�lll' ll tilliilllll$m lllllllllllllll m m2� llll ,'' x9 l ll '-^�'l �lllil lll�',lllllll?dll'Illl 1llllFl�illl llll.11:lll o ��Z70 .� i1e m �'2 lillzlllillll,i.ltlillll /"�'" % — — — ll '�_. lllllllllillllllllllllll -,I ,�q� llll .�F �� lllllllilllllllllllll l ll lull ;� y o AWE frl __ ll ll ll -_1��� �^,'i lllilllll.11llllllilll > `o am %"'r1':�„ 1'll'lilt, m lull li,lllllllilllill vo = o r D .. � �\\ w � lll�lllllllllllll Itll J;" \ v ,lllllllllll.. till�lllllllllllllNN ti D � = Z .;l.l gym;"=a {l lllllliillllll a llllllllllllltli 1. ma`s ,�---------o>n 5- -�' ', 1 1 1 A z= lilllllillllllll l llt[�il. pfA"o 1. -I i lllll.11llllilll � e O -_ o o q ;�� �� 'llllllllllllllllllllt, ll', N>�o llllllllllllll 8g lull^llllTllillllll� N mNm�9 lllllllllilliolllll lillllilllllll '-°"�-- n �� co NSF>s llllllllllilm hill llllllilllllA Om e a o; llllllllllAlilllil lllll',lilllll � m O� \K lllil lllllllllilll 3 N cn 20 o lllllllF' llllllllllllllllllll� s o lllllli'Iilllllllllllllllill N 1 1, , t .............. IV O FT-7 Regulatory Division Action ID: 2020-01265 Waterway: Pamlico Sound June 19, 2020 Applicant: Richard Fertig County: Dare Work Type: Fill Mrs. Twyla Cheatwood National Marine Fisheries Svc, NOAA 101 Pivers Island Road Beaufort, NC 28516 Mrs. Kathy Matthews Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Jennifer Derby, Chief 27889 Wetlands Section — Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Jonathan Howell Division of Coastal Management NC Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, NC 28557-3421 Mr. Ron Renaldi Elizabeth City Field Office Division of Coastal Management 401 S. Griffin Street Elizabeth City, NC Mr. Jeffrey Garnett Water and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Pursuant to the CAMA-Corps Programmatic Permit process, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before July 19, 2020. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Regulatory Field Office, telephone (910) 251-4605. Sincerely, Oa Josh Pelletier Regulatory Project Manager Enclosure RECEIVE® 0 CT 2 2 2020 DIP SwECTIQN ngHa June 19, 2020 Regulatory Division ri=17i•51L".' �11►d1Yd11S1I�►tfj Richard Fertig PO Box 9796 Jackson, WY 83002 Dear Mr. Fertig: A review of your application received on June 19, 2020 for Department of the Army authorization to fill 0.03 acres of delineated USACE 404 wetlands for the construction of a single-family residence and driveway, as well as the construction of a 1,235 linear foot rip rap breakwater with intermittent breaks with an 8ft base adjacent to the shoreline as well as associated docks, piers and walkways at 26212 Otter Way (Lot 19) in Wind Over Waves Subdivision Phase III, in Salvo, Dare County, North Carolina indicates it to be a candidate for Federal authorization pursuant to the CAMA-Corps Programmatic Permit process for construction activities that receive authorization from the State of North Carolina. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State - Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the Federal permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 404 of the Clean Water Act, has been assigned Action ID No. SAW 2020-01265 and will be coordinated in our Washington Regulatory Field Office. If you have any questions, I am available at telephone (910) 251-4605. Sincerely, Josh Pelletier CEIVED Regulatory Project Man 0 CT 2 2 2020 PAP SECTypeta the June 19. 2020 Regulatory Division Action ID No. SAW-2020-01265 Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Mr. McMillan: Please reference the application of Mr. Richard Fertig for Department of the Army authorization and a State Water Quality Certification to fill 0.03 acres of delineated USACE 404 wetlands for the construction of a single-family residence and driveway, as well as the construction of a 1,235 linear foot rip rap breakwater with intermittent breaks with an 8ft base adjacent to the shoreline as well as associated docks, piers and walkways at 26212 Otter Way (Lot 19) in Wind Over Waves Subdivision Phase III, in Salvo, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by August 19, 2020, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Josh Pelletier, Washington Regulatory Field Office, Regulatory Branch, telephone (910)251-4605. Sincerely, Josh Pelletier R Regulatory Project Manager GG GGECEIVE® OCT 2 2 2020 VP SECTION 11011® Regulatory Division SAW-2019-00419 1ow-4495 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue. Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED 0CT 2 2 2020 Mp SF-CTI®N I► HD Reference the application of Mr. Richard Fertig for Department of the Army authorization Certification to fill 0.03 acres of delineated USACE 404 wetlands for the construction of a single-family residence and driveway, as well as the construction of a 1,235 linear foot rip rap breakwater with intermittent breaks with an 8ft base adjacent to the shoreline as well as associated docks, piers and walkways at 26212 Otter Way (Lot 19) in Wind Over Waves Subdivision Phase III, in Salvo, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project; in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 TU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trote considered significant. OCT 2 2 2020 MP ,SECTION MPID 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 12. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, 2"01 /a¢&at�a i. Josh Pelletier Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Regulatory Project Manager RECEIVED OM 2 2 2020 MP SUCTION MF Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ron Renaldi, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management RECEIVE,) OCT 2 2 2020 pep S�r-10W MHD CESAW — RG-W /SAW-2020-01265 MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and overview: Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including administrative history of actions taken during project evaluation is attached (ORM2 summary). 1.1 Applicant name: Richard Fertig 1.2 Activity location: 35.5503° N,-75.47190 W Description of activity requiring verification: Certification to fill 0.03 acres of delineated USACE 404 wetlands for the construction of a single-family residence and driveway, as well as the construction of a 1,235 linear foot rip rap breakwater with intermittent breaks with an 8ft base adjacent to the shoreline as well as associated docks, piers and walkways at 26212 Otter Way (Lot 19) in Wind Over Waves Subdivision Phase III, in Salvo, Dare County, North Carolina. 1.3 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.4 Applicable Permit: Programmatic General Permit (PGP) 198000291 1.5 Activity requires written waiver? No 2.0 Evaluation of the Pre -Construction Notification 2.1 Direct and indirect effects caused by the GP activity: direct effects are those caused by the footprint of the proposed fill for the construction of the single family residence and the rip rap break water 2.2 Site specific factors: existing lot locations, location of existing house and wetland 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? Yes If yes, describe results including resolution of any concerns. D C M a n d D W R permit issued. 2.3.2 Was the PCN coordinated with other Corps offices? No ECENED OCT 2 2. 2020 If yes, describe,results including resolution of any concerns: Page 8 of 7 MP SECTION MHD CESAW — RG-W /SAW-2020-01265 2.4 Mitigation 2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site: fill was reduce significantly from the first application that was received by DCM. The applicant minimized the footprint of wetland fill to only that needed to fulfill the applicants basic purpose and need. 2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? Yes Provide rationale: Unavoidable impacts to wetland will be mitigated by purchasing credits from Division of Mitigation Services. 2A.3 Type and location of compensatory mitigation Is the impact in the service area of an approved mitigation bank? No If yes, does the mitigation bank have appropriate number and resource type of credits available? No Is the impact in the service area of an approved in -lieu fee program? YES If yes, does the in -lieu fee program have the appropriate number and resource type of credits available? YES Selected compensatory mitigation type/location(s): See Table 1 Table 1: Mitigation Type and Location Mitigation bank credits In -lieu fee program credits Perm ittee-responsi ble mitigation under a watershed approach Perm ittee-responsible mitigation, on -site and in -kind Perm ittee-responsible mitigation, off -site and/or out of kind Does the selected compensatory mitigation option deviate from the order of the options presented in §332.3(b)(2)-(6)? No If yes, provide the rationale for the deviation, including the likelihood for ecological success and sustainability, location of the compensation site relative to the impact site and their significance within the watershed, and/or the costs of the compensatory mitigation project (see 33 CFR §332.3(a)(1)): NA 2.4.4 Amount of compensatory mitigation: .06 RECOVED Rationale for required compensatory mitigation amount: Mitigation credits will be purchased at a ratio.of 2:1. OCT 2 ? 2020 Page 9 of 7 MP SECTION MHD CESAW — RG-W /SAW-2020-01265 2.4.5 For permittee responsible mitigation identified in 2.4.3 above, the final mitigation plan must include the items described in 33 CFR 332.4(c)(2) through (c)(14) at a level of detail commensurate with the scale and scope of the impacts. As an alternative, the district engineer may determine that it would be more appropriateto address any of the items described in (c)(2) through (c)(14) as permit conditions, instead of components of a compensatory mitigation plan. Presence of sufficient information related to each of these requirements in the applicant's mitigation plan is indicated by "Yes" in Table 2. "No" indicates absence or insufficient information in the plan, in which case, additional rationale must be provided below on how these requirements will be addressed through special conditions or why a special condition is not required. Table 2: Perm ittee-Responsible Mitigation Plan Requirements Requirement Yes No Objectives Site selection Site protection instrument Baseline information Determination of credits Mitigation work plan Maintenance plan Performance standards Monitoring requirements Long-term management plan Adaptive management plan Financial assurances Other For any "no", provide rationale on how the subject component(s) of the compentatory mitigation plan will be addressed as special conditions or why no special conditions are required: NA 3.0 Compliance with Other Laws, Policies and Requirements 3.1 Section 7(a)(2) of the Endangered Species Act (ESA) 3.1.1 ESA action area: Pamlico Sound 3.1.2 Has another federal agency taken steps to document compliance with Section 7of the ESA and completed consultation(s) as required? Yes If yes, identify that agency, the actions taken to document complian i l M' 'UE® 7 and whether those actions are sufficient to ensure the activity(s) requiring DA authorization is in compliance with Section 7 of the ESA: OCT 2 2 2020 USFWS and NOAA Marine Fisheries reviewed permit application Page 10 of MID SECTION M' H. CESAW — RG-W /SAW-2020-01265 3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. Effect determination(s), including no effect, for all known species/habitat, and basis for determination(s): Project not likely to adversely effect the West Indian Manatee as the applicant is required to follow the guidelines outlines in the permit conditions. 3.1A Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect' (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) 3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act? Yes If yes, identify that agency, the actions taken to document compliance with the Magnuson -Stevens Act and whether those actions are sufficient to ensure the activity(s) requiring DA authorization is in compliance with the EFH provisions: NOAA Marine Fisheries reviewed permit application and plans and attended scoping meetings 3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? Yes 3.2.3 If yes, EFH species or complexes considered: None encountered Effect determination and basis for that determination: None 3.2A Consultation with the National Marine Fisheries Service was initiated and completed as required (see the attached "Summary' sheet for consultation type, begin date, end date and closure method of the consultation). Based on review of the above information, the Corps has concluded that it has fulfilled its responsibilities under the EFH provisions of the Magnuson -Stevens Act. 3.3 Section 106 of the National Historic Preservation Act (Section 106) NA 3.3.1 Section 106 permit area: The permit area includes NAthose areas comprising waters of the United States that will be directly affected by thhpEoose.dlwgrR structures NA `dr".. �9 Final description of the permit area: NA OCT 2 2 2020. Page 11 of PIAP SECTION MHD CESAW — RG-W /SAW-2020-01265 3.3.2 Has an federal agency taken steps to comply with Section 106 of the National Historic Preservation Act and completed consultation(s) as required? Yes, If yes, identify that agency, the actions taken to document compliance with Section 106 and whether those actions are sufficient to ensure the activity(s) requiring DA authorization is in compliance with Section 106 of the NHPA: USACE 3.3.3 Known cultural resource sites present and/or surveyor other additional information needed? NA Basis for effect determination(s) for all known site(s) and/or site(s) identified by a survey: NA UA Consultation was initiated and completed as required with the appropriate agencies, tribes and/or other parties for any determinations other than "no potential to cause effects" (see the attached "Summary" sheet for consultation type, begin date, end date and closure method of the consultation). NA The Corps has determined that it has fulfilled its responsibilities under Section 106 of the NHPA. 3.4 Tribal Trust Responsibilities 3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No Provide a description of any consultation(s) conducted including results and how concerns about significant effects to protected tribal resources, tribal rights and/or Indian lands were addressed. NA The Corps has determined that it has fulfilled its tribal trust responsibilities. 3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 3.6 Coastal Zone Management Act (CZMA) 3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? An individual CZMA consistency concurrence is required and has not been issued, waived or presumed to date. A provisional general permit will be verified for this activity. Yes CZMA issued 3.7 Wild and Scenic Rivers Act 3.7.1 Is the project located in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No ECOVE® If yes, summarize coordination and the determination on whether activity will Page 12 of OCT 2 2 2020 MP SECTION MFID CESAW — RG-W /SAW-2020-01265 adversely affect the Wild and Scenic River designation or study status. NA The Corps has determined that it has fulfilled its responsibilities under the Wild and Scenic Rivers Act. 3.8 Effects on Corps Civil Works Projects (33 USC 408) 3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, the appropriate non -Regulatory office has determined that there will be no effects to Corps Civil Works project(s) that require permission from the Corps. 4.0 Special Conditions 4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or ensure compliance of the activity with any of the laws above? Yes If no, provide rationale: Permit Conditions 4.2 Required special condition(s) Special condition: See Permit File Rationale: File 5.0 Determination 5.1 Waiver request conclusion, if required or select N/A: N/A 5.2 The activitywill result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest, provided the permittee complies with the special conditions identified above. 5.3 This activity, as described, complies with all terms and conditions of the permit identified in Section 1.5. PREPARED BY: eat P� Date: ter name of PM who prepared document REVIEWED BY: RECE ED OCT 2 2 2020 Page 13 of CESAW — RG-W /SAW-2020-01265 Enter name of appropriate level reviewer APPROVED BY: Enter name of appropriate level approver Date: Date: 0 CT 2 2 2020 MP SECTION WIHD Page 14 of U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Richard Fertig Action ID: SAW-2020-01265 Project Name: Lot 19, Wind Over Waves Phase III County: Currituck Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Reauirine Mitieation*: 8-digit HUC and Basin:03020105, Pamlico Sound Stream Impacts (linear feet) p Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal .03 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. fmmnencatnm Mitieatinn Renuirements: R-dllelt HUC and Basin: 03020105. Pamlico Sound Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal .06 Mitigation Site Debited: North Carolina Division of Mitigation Services (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. Ifthe NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor falls to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: — B VD3 Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Page 1 of 2 r—T ry n nn n Date of Signature - ` c MP PrrrADatY"fZt� 2,�ODJD, USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.armv.milj. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Josh Pelletier, Project Manager USACE Field Office: Washington Regulatory Field Office Email: US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 District Project Manager Signature RECEIVE® 0 CT 2 2 2020 MP" SOECTiO 9 MHD October 22, 2020 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at htto://ribits.usace.army.mil. Page 2 of 2 Bodnar, Gregg From: Carver, Yvonne Sent: Monday, August 17, 2020 11:24 AM To: Doug Dorman Cc: Spivey, Kelly; Bodnar, Gregg Subject: RE: Follow up on Fertig/One Life OBX Holdings ownership and updated information required for major permit application Attachments: Riparian sample letter for notification of major permits.pdf; RipNoticeLtr, major, form, with waiver.doc Good morning Doug, On Tuesday, August 11th, I sent you an email with the new deed and LLC listing for Lot 19r, 26212 Otter Way, in Salvo. We also discussed via a phone conversation that due to the fact that the contract to purchase under Richard Fertig's name finalized into a deed made out to One Life OBX Holdings, LLC, the Division would need updated MP forms to match the deed, as well as an updated agent authorization form. Gregg Bodnar also confirmed this request in his August 14th email, in addition to the 'hold' letter that was sent. Upon further review of the deed for Lot 19r, issued to One Life OBX Holdings, LLC, as well as Dare County tax records, it has come to our attention that Lots 18 and 17 were recently purchased and deeded to One Life OBX Holdings. Due to this fact, additional actions are required and noted below: Riparian notification of Fertig's proposal is required to be sent to the next property owner to the north, which would be Beach Capital LLC in Wilmington, DE; The plats as well as the MP forms need to be updated with the correct name before Beach Capital is sent a copy of the application for the proposed development (via Certified Mail, return receipt requested, with a 30-day comment period); a copy of a riparian sample letter, as well as a notification letter template, is attached for your review and/or use; and Documentation from the new owner (One Life) is required stating that the requested permit has not changed in scope of work. Please contact me if you have any questions regarding this additional information request. Best regards, V"nne Yvonne B. Carver Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 237 yvonne.carver@ncdenr.gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. I Stay safe; Be well! I ROY COOPER Governor MICHAEL S. PECAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality August 10, 2020 Atlantic Environmental Consultants LLC. Doug Dorman (dougdaec@gmail.com) Dear Mr. Dorman, This letter is in reference to the application submitted for Richard Fertig, for a Coastal Area Management Act Major Permit to undertake development activities in Dare 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 October 23, 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 WaRO Q Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Qualtty 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, August 10, 2020 4:34 PM To: 'Doug Dorman' Cc: Spivey, Kelly Subject: Fertig Extension Attachments: Fertig EXT.pdf Afternoon Doug, Please see above for the extension. Thanks, Gregg ep-d amw Q! 4Yairm.l d (m'rv�n+'.�I Out2,� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 808 2808 ext 215 (Office) GregR.Bodnar ncdenr.gov Email cmmspondeoce to and from this address is subject to the North Carv&* PubAc Records Law and may be disclosed to third parties. t Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, July 28, 2020 9:21 AM To: Harrison, James A; Pullinger, Robert C; Dunn, Maria T. Subject: RE: [External] Re: FW: Richard Fertig, Dare Co Hey all, I wanted to get everyone's thoughts before going back to him. Doug had agreed to the 6" but it seems that he decide to compromise instead of fully agreeing, so I wanted to get all the comments to the redesign before going back to him. Chris once you place on hold I will reciprocate and provide Maria's and Jimmy's second round of comments in my hold letter. We will see what comes of it, Gregg From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Tuesday, July 28, 2020 8:15 AM To: Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Bodnar, Gregg <gregg. bod nar@ncdenr.gov> Subject: Re: [External] Re: FW: Richard Fertig, Dare Co Gregg, I don't have any additional feedback to provide, on top of what Maria and Chris have already mentioned. Thanks! Jimmy Jimmy Hanson f ja6itat and FInhancement Section NC Division of Marine Fisheries ja mes.harrison@ncden r.gov r 252-9+8-5855 Email correspondence to andfrom this address is subject to the North Carolina Public Records Lau, and may be disclosed to third parties. From: Pullinger, Robert C <chris.oullinger@ncdenr.Rov> Sent: Tuesday, July 28, 2020 7:43 AM To: Dunn, Maria T. <maria.dunn(@ncwildlife.orp>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Harrison, James A <James.Harrison@ncdenr.gov> Subject: RE: [External] Re: FW: Richard Fertig, Dare Cc Gregg, Sorry that I'm late to the party on this one, but I'll be putting the project on -hold today on my/DWR end for many of the reasons that Maria mentioned, currently and previously. Current part being that the updated drawings for the breakwater still really don't address the concern about bottom impacts (and I'm not sure the whole drawing is there, just as a small observation). For past stuff already discussed, I'm going to have to do a little more digging on my end to make sure, but I don't see any JD from the Corps in what I've got, nor is there any information about how any wastewater will be treated, or any verification that they're meeting the stormwater rules (which could change depending if the verified wetlands lines don't match what is in the application). As usual, thanks for your patience, Chris Pullinger Environmental Specialist II Division of Water Resources — Water Quality Regional Operations North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 252 948 3918 office/desk phone 252-943-1036 state cell phone chris.oullinoer(o)ncdenr.00v From: Dunn, Maria T. <maria.dunn@ncwildlife.org> Sent: Tuesday, July 28, 2020 6:38 AM To: Bodnar, Gregg <gregg.bodnar ncdenr.gov> Cc: Pullinger, Robert C <chris.ouIlinger@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.Rov> Subject: RE: [External] Re: FW: Richard Fertig, Dare Co Gregg, I have comments on Doug's cross sections. Did you send to Chris and Jimmy — anyone else? The cross sections doesn't look like he really changed the design, just put an arrow on the breakwater portion to say 6". The slope and how it approaches the shore is still off. In areas with wetlands, it is indicated that the material will be adjacent to wetland substrate — his cross section just has it next to it. My comment was to make a revetment, have the rock against the substrate, only 6" above grade. A revetment does not need 8' of top width. It isn't a sill. My comments were to reduce base and top width, minimizing shallow water habitat fill. The sill design in front of the scalloped shoreline is ok, though the width is still rather extensive. The detail regarding the placement and install of the sewer line is appropriate. I still think there are more wetlands on site than indicated. R Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email coffespondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, July 27, 2020 1:13 PM To: Doug Dorman <dougdaec@gmail.com>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: [External] Re: FW: Richard Fertig, Dare Co Thanks Doug, I will send them out to the other agencies as well for comments. Gregg From: Doug Dorman <dougdaec@email.com> Sent: Monday, July 27, 2020 12:43 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.ore> Subject: [External] Re: FW: Richard Fertig, Dare Co Gregg & Maria, As per the comments dated July 20, 20201 revised the breakwater height to 6 inches above NWL. I have also attached a revised site plan and detail of the sewer force main and water line that will be directional drilled under the wetlands. If you need anything else please let me know. Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell Bodnar, Gregg From: Doug Dorman <dougdaec@gmail.com> Sent: Monday, July 27, 2020 12:43 PM To: Bodnar, Gregg; Dunn, Maria T. Subject: [External] Re: FW: Richard Fertig, Dare Co Attachments: Fertig CAMA REV SH2.pdf; Fertig CAMA REV SH4.pdf; Fertig CAMA FM DETAIL.pdf Gregg & Maria, As per the comments dated July 20, 2020 1 revised the breakwater height to 6 inches above NWL. I have also attached a revised site plan and detail of the sewer force main and water line that will be directional drilled under the wetlands. If you need anything else please let me know. Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Fri, 24 Jul 2020 at 09:02, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Per our discussion. Gregg From: Dunn, Maria T. <maria.dunn@ncwildlife.org> Sent: Tuesday, July 21, 2020 6:22 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Richard Fertig, Dare Co Gregg, Please accept the attached for the above project. Thank you. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Bodnar, Gre From: Bodnar, Gregg Sent: Monday, July 27, 2020 1:21 PM To: Pelletier, Josh R CIV CESAW CESAD (USA); Pullinger, Robert C; Dumpor, Samir; Harrison, James A; noah.gillam@darenc.com; Thorpe, Roger Cc: Spivey, Kelly, Carver, Yvonne Subject: FW: [External] Re: FW: Richard Fertig, Dare Co Attachments: Fertig CAMA REV SH2.pdf; Fertig CAMA REV SH4.pdf; Fertig CAMA FM DETAIL.pdf Afternoon all, Please see the above attachments for LAMA Application for Richard Fertig. There are 2 replacement workplans (Sheet 2 and 4) and a supplemental workplan. These workplans reduce the height of the revetment to 6" above NWL with an 8' base, and detail the alignment and construction of the water and sewer lines. If these revisions change comments previously submitted please provide new comments or contact me ASAP. Thanks, Gregg 9r`aireissAtxY"" ec�R�car� �/`� . Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 ON 28M ext 21S (Office) Gre .Bodna ncdenr. ov Ema11 carrespondence to and Irorn this address is subject to the North Carolina Public Records caw and may be disclosed to third parties. From: Doug Dorman <dougdaec@gmail.com> Sent: Monday, July 27, 2020 12:43 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: [External] Re: FW: Richard Fertig, Dare Co Gregg & Maria, As per the comments dated July 20, 2020 I revised the breakwater height to 6 inches above NWL. I have also attached a revised site plan and detail of the sewer force main and water line that will be directional drilled under the wetlands. If you need anything else please let me know. Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Fri, 24 Jul 2020 at 09:02, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Per our discussion. Gregg From: Dunn, Maria T. <maria.dunn@ncwildlife.org> Sent: Tuesday, July 21, 2020 6:22 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Richard Fertig, Dare Co Gregg, Please accept the attached for the above project. Thank you. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 2 www.nmildlife.orci Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, July 21, 2020 8:48 AM To: Howell, Jonathan; Spivey, Kelly, Carver, Yvonne Subject: FW: Richard Fertig, Dare Co Attachments: CMDF_Richard Fertig_NCWRCA.pdf Hey all, See above for WRC comments. My thoughts on each of her points... 1. Rip rap dimensions are 8' wide and 1' above NWL. As we discussed fetch will be significant here, which is probably the reasoning for the height, but the height above NWL is significant enough that connectivity could be impacted. 2. The workplans and MP-3 form say connected to central wastewater system of Wind Over Waves. The plans do not show the alignment or how the hook up is going to be achieved. I think we need to see that. 3: The USACE is requiring mitigation and we have set the lines. But #1 above does reduce fill and increase connectivity at 6" above NWL which goes to addressing this concern. I have not heard back from SW, DWR and USAGE. Based on #2 1 think this is a candidate to place on hold for more information and #1 can be addressed as well, not to mention the USACE need for mitigation as additional information. Thoughts? Do we want to set up another call? Gregg From: Dunn, Maria T. <maria.dunn@ncwildlife.org> Sent: Tuesday, July 21, 2020 6:22 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Richard Fertig, Dare Co Gregg, Please accept the attached for the above project. Thank you. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.newildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANTS NAME: Richard Fertig 2. LOCATION OF PROJECT SITE: on Pamlico Sound at 26212 Otter Way (lot 19r) in Wind over Waves, phase III subdivision in the Town of Salvo, in Dare County, North Carolina Location - 35° 32' 56" N 750 28' 20" W 3. INVESTIGATION TYPE: CAMA & State Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 29 May 2020 Was Applicant Present - Yes S. PROCESSING PROCEDURE: Application Received — 26 May 2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification from 2009 Dare County LUP — residential (B) AEC(s) Involved: EW, PTA, ES, PTS, CW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing —N/A Planned — retaining wall, riprap, bridge, piers, wetland fill, single-family dwelling, pool, parking area (G) Estimated Annual Rate of Erosion: 2.0' Source - applicant HABITAT DESCRIPTION: JAREAI DREDGER FiLLEL OTHER (A) Vegetated Wetlands t1,325 ft2 filled ±840 ft2 404 shaded (Section404) 12,010ft2CW shaded B Pamlico Sound bottom t9,880 ft2 filled t1,600 ft2 shaded (C) Other +21,605 ft2 Highground disturbed (D) Total Area Disturbed: f0.85 acres (f37,260 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SA-HQW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct a single -family -dwelling, pool, parking area, wooden bridge, 2 piers, rip rap, retaining wall, and wooded wetland fill. DECEIVED JUN 17 2020 DCM-MHD CITY Richard Fertig Fertig Project Salvo Beaufort County Project setting Atlantic Environmental Consultants, LLC on behalf of Mr. Richard Fertig has submitted the attached CAMA Major Permit application for construction of a single-family dwelling, elevated wood bridge, 2 piers, rip rap, retaining wall and section 404 wetland fill. The project site is located at 26212 Otter Way (lot 19r) in the Wind over Waves phase III subdivision on the Pamlico Sound in the Town of Salvo in Dare County, North Carolina. Mr. Fertig does not currently own the property. He has a signed offer to purchase and contract form signed by him as well as the seller, which is Wind over Waves. Lot 19R is 4.6 acres in size with t2,508 linear feet of shoreline. This lot is peninsula that projects into the Pamlico Sound and is connected to the shoreline high ground through a narrow strip of land that is approximately 40' in width bordered by the Pamlico Sound on both the north and south side. This small strip of land has a fringe of coastal wetlands on both sides of less than 10'. The remainder of the spit has been delineated as section 404 wetlands. This small connection progresses into a large peninsula containing a variety of coastal wetland plants included but not limited to Spartina patens (salt meadow grass), Scirpus pungens (three -square) and Juncus romerianus (Black needlerush) surrounding the perimeter. These coastal wetlands transition to delineated section 404 wetlands under the jurisdiction of the US Army Corps of Engineers. These Section 404 wetlands then transition to an upland area near the strip of land which connects to the upland shoreline of the Wind over Waves subdivision. The property is bordered on both the upstream (north) and downstream (south) sides by the Pamlico Sound. The southern side of the peninsula is referred to as Midgette Cove. Wind over Waves subdivision has vacant lots as well as lots under various stages of development and several with complete single-family residences. Previous State permits listed for this property area include SW-7080907, low density stormwater permit issued 03/27/2009, and SW-7050909 issued 09/26/2005. No history of archaeological sites was available for this property. The Pamlico Sound in this area is classified SA HQW by the Environmental Management Commission. This section of the Sound is designated as coastal waters, and is in the Pasquotank river basin and is open to shell fishing. The project site is not located within a Primary Nursery Area. Water depths in the Midgette Cove area are approximate) 3.0' below Normal Water Level (NWL). No SAV's were observed in this area during the otVECEIVED site visit. Project description JUN 17 2020 DCM-MHD CITY The applicant proposes to fill section 404 wetlands under the jurisdiction of the US Army Corps of Engineer in two separate areas totaling 1,325 ft' of the narrow strip of land for the approaches to a proposed 70 ft. long x 12 ft. wide vehicular bridge to provide access from the upland shoreline of the Wind over Waves subdivision to the upland area on the peninsula. A 12' wide gravel driveway is proposed to connect to Otter way. A 54' x 40' single-family dwelling with a 10' wide covered deck, pool and parking area will be constructed on this upland area of the peninsula. An approximately 600 linear foot retaining wall is proposed immediately landward of the delineated section 404 wooded wetlands surrounding the upland area of the peninsula. Approximately 1,235 linear feet of rip rap with an 8' wide base width is proposed immediately water ward of the Coastal Wetlands surrounding the perimeter of the peninsula. An 85-foot-long section of this riprap will be located 30 feet water ward of NWL with a 6ft. wide opening and function as a breakwater. Two piers are proposed as part of this application. A 50' long x 6' wide pier with a 50' long x 6' wide L-head dock will be located on the southern side of the peninsula into Midgett Cove. This pier will have 3 tie pilings to create 2 fixed slips. Water depths in this located are approximately 3.0' below NWL. Additionally, a 305' long x 6' wide walkway will traverse the Coastal Wetland on the west side of the peninsula and then extend 100' into Pamlico Sound. A 20' x 20' covered platform will be constructed on the terminal end of this pier. Anticipated impacts The applicant proposes to disturb ±21,6O5 ft2 of land including the filling of t1,325 ft2 of Section 404 wooded wetlands. 840 ft2 of section 404 wetlands will be shaded as a result of the bridge construction. The construction of the single-family dwelling and associated structures will result in approximately 5.7 % of impervious surface in the Coastal Shoreline AEC. Approximately 2,010 ft2 of Coastal Wetlands will be shaded by the construction of the two piers. No SAV's will be impacted by the installation of the wet boat slips. Approximately 1,600 ft2 of sound bottom will be shaded as a result of the pier and platform construction. The installation of the riprap will result in the filling of 9,880 ft2 of sound bottom. Kelly Spivey — 15 June 2020 RECEIVED JUN 17 2020 DCM-MHD CITY N.C. OMSION OF COASTAL Date 81W2020 Name of Property Owner Applying for Permit: One Life OBX NOhtlnA& LLC- Richard Fertiu Mailing Address: PO BOX 9M 9aekson. WIY 83Q02 I certify that I have authorized (agent) Atlamie Envfronmeatal Cansubpq . LLC to acton my behalf, for the purpose of applying for and obtaining all LAMA Permits necessary to install or construct (activity) eritlae aver coastal wetlands residence boat ages pier wkh a platform at (my property located at) 26212 OKar WML Sahro NC 27M Property Ownw Telephone ldumber. , 917-33A-7911 Date: Authorised Signature and We Date: RECEIVED AUG 2 1 2020 MP SECTION MH® ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to goo We O8X Holdings. LLC 'a ` property klrated.at M12 MW way (Name of Property Oartler) (Addren, f o% Block, Road, etc.) on Pamlico &Mod in Salvo. Dare County N.C. (Wallobody) (CttyRgwnandfor County) has described to me, as shown below, the development proposed at the I have no objection to this proposal. 1 have objections to this proposal. 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 W wish to waive the setback, you must InUM the appropriate blank below.) I do wish to waive the W setback requirement. I do not wish to waive the 19 setback requirement. 'Valid for one calendar year after signewre• Sl ,n0 e Robert PWt or Type Noille Toe@Mjoem"ro—ert.com SEP 1 7 2020 MP SECTION MH® � �5''�.1�'R n.. �,La •. . ADJACENT RIPARIAN PRnncpr n. on a A I en r, r� ' I hereby certify that I own property adjacent to_RF Ventures, LLC 's Property located at _26212 Otter Way - Lot 19 (Name of Property Owner) on _Pamlico Sound (�roisJ:�' 010J Road, etc.) (Waterbody--) -- . �a�l Dare County. N.C. (Cityl�oim and/or county) i E�f has described to me, as shown below, the development proposed at the have no objection to this pmposal. I have. objections to this proposal. WAIVER SEC71onr 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.) I do wish to waive the 15' setback requirement. 1 do not wish to waive the 15' setback requirement. 'Valid for one calendar year after signature- (Revised Aug. 2014) RECEIVED JUN 17 2020 DCM-MHD CITY p BK 2398 PG 303 - 306 (4) x-\\ This Document eRecorded: `Fee: $26.00 \-�are County, North Carolina eheryl L. House, REGISTER OF DEEDS 1 Dare County Land 6ansfer No.: 2804-20 Land Transfer Tax: 1700.00 1985 Sessions Law Chapter 670 (HB 215) O LT# Excise Tax $240.00 $1,700.00 Parcel Identifier No.✓'912821098. 021821099 Mail after recording to` on & Dixon Law Offices, PLLC This instrument was prewed by: Casey & Robbins, PC DOC# 700081420 07/31 /2020 02:57:33 PM Excise Tax: $340.00 Transfer Tax: $1,700.00 Brief Description for the index Lots 18 & 19-R, Phase 111, Wind Over Waves GENERAL WARRANTY DEED GRANTOR WIND OVER WAVES, LLC A North Carolina limited liability compQ`,, PO Box 1187 Y� Kill Devil Hills, NC 27948 The designation Grantor and Grantee as used hen shall include singular, plural, masculine, feminine WITNESSETH, that the Grantor, for a valuable consi acknowledged, has and by these presents does grant, certain lot or parcel of land situated In Dare County, I GRANTEE One Life OBX Holdings, LLC A Wyoming limited liability company PO Box 9796 Jackson, WY 83002 include said parties, their heirs, successors, and assigns, and eras required by context. paid by the Grantee, the receipt of which is hereby sell and convey unto the Grantee in fee simple, all that ,olina and more particularly described as follows: All of that certain lot or parcel of land situated in the Village of Salvo, Kinnakeet Township, Dare County, North Carolina and being more particularly described as follows: See Exhibit attached hereto and incorporated herein by refl Iehce. ��0 All or a portion of the property herein conveyed does not include the j�Mmary residence of the Grantor. `fi The property hereinabove described was acquired by Grantor byinstrumen csprded in Deed Book 1477 at Page 298, Dare County Registry. %). t antee in fee simp e. And Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to cores e same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warm and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.^` TMe to thee roperty hereinabove described is subject to the following exceptions•. Easements, rejbkdons and zoning regulations. IN WITNESS OF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be ed in its corporate name by its duly authorized officers, the day and year first above written. (� WIN R WAVES, �( (SEAL) Joh .Rob embe/Manager State North Carolina; County of Dare I, a ry Public of the County and State aforesaid, certify that John M. Robbins, III SEAL -STAMP perso appeared before me this day and acknowledged he is the Member/ Maytag f Wind Over Waves, LLC, a North Carolina limited liability company, and that by aupVbrity duly given and as the act of each entity, he signed the foregoing instrumen"Ots name on its behalf as its act and deed. T�-�' "" � � Witness my "d and official stamp or seal, this � day of �— 2019. )SEAL) N Notary Public My commission expires. f w l V N°�spe�e�y M oya P4O``�l. �iy44ORu�,G`\`\p� l' 16 0 �� Book 2398 Page 304 BK 2398 PG 305 �O VIC, 1<1* �I(' Being Lot 18, as depicted on that certain map or plat entitled "Final Plat, d Wind Over Waves Phase 3 — Wind Over Waves, LLC" prepared by Quible O & Associates, P.C. and recorded in Plat Cabinet I at Slide 124, Dare County Cf gistry �O DOC# 700081420 O d O Exhibit A All of that lot or parcel of land located in Phase 3, Wind Over Waves, as shown on that ,�tdp or plat described, in part, as "Lots 11-5 & 19 — Phase 3 — WIND OVER WAVES" and rorded in the Dare County Registry in Plat Cabinet J at Slide 114, and beginning at a calculated pofiai 'marking the Northwestern corner of Lot 17 and the Southwestern corner of Lot 16, procee g thence along the boundary of Lot 17 South 03 Degrees 29 Minutes 19 Seconds West 81.05t to a calculated point marking the Northwestern corner of Lot 18, thence proceeding along th"oundary of Lot 18 South 24 Degrees 57 Minutes 08 Seconds East 120.87 feet to a calculatedO�int, thence continuing along the boundary of Lot 18 South 68 Degrees 27 Minutes 45' Seconds E 38.52 feet to an existing iron rebar, thence continuing along the boundary of Lot 18 North 56 De s 45 Minutes 10 Seconds East 131.12 feet to an existing iron rebar, thence continuing alo a boundary of Lot 18 North 49 Degrees 49 Minutes 00 Seconds East 178.21 feet to a point in he margin or right of way of Otter Way, thence along the margin or right of way of Otter Way where said curve has a radius of 175 Degrees, with a delta of 12 Degrees 06 Minutes 38 Seconds, a chord of 92 feet and a length of 36.99 feet and a chord bridge of North 86 Degrees 02'Minutes 08 Secon t to a set iron rebar, thence South 22 Degrees 44 Minutes 30 Seconds East 73.93 feet to a calcitbed point, thence South 71 Degrees 47 Minutes 47 Seconds West 55.20 feet, more or less, to the nor high water mark of the Pamlico Sound, thence meandering along the mean high water mark owe Pamlico Sound in a generally Southwesterly direction, thence along the mean high water mtt'r to a generally Northwesterly direction, thence along the mean high water mark of the Pamlico in a generally Southeasterly direction, to a calculated point which lies 44.92 feet North 84 DTees 28 Minutes 00 Seconds West from the place or point of beginning. It is the intent of the parties to cf�yey all of Lot 19-R as described on the above -referenced plat, as well as to convey any additional &ds that lie between Lot 19-R as delineated on said plat and the Pamlico Sound. d O J. �Y� Book 2398 Page 306 Wyoming Secretary of State For Office Use Only Herschler Bldg East, Ste.100 & 101 WY Secretary of State FILED: Jul 8 2020 5:34PM Cheyenne, WY 82002-0020 Original ID: 2020-000928457 Secretary of State Ph.307-777-7311 Limited Liability Company Articles of Organization 1. The name of the limited liability company is: One Life OBX Holdings LLC 11. The name and physical address of the registered agent of the limited liability company is: Registered Agents Inc. 30 N Gould St Ste R Sheridan, WY 82801 III. The mailing address of the limited liability company is: 30 N Gould St Ste R Sheridan, WY 82801 IV. The principal office address of the limited liability company is: 30 N Gould St Ste R Sheridan, WY 82801 V. The organizer of the limited liability company is: Registered Agents Inc. 30 N Gould St Ste R, Sheridan, WY 82801 Signature: Riley Park Date: 07/08/2020 Print Name: Riley Park Title: Authorized individual Email: reports@registeredagentsinc.com Daytime Phone #: (307) 200.2803 Page 1 of 4 Secretary of State Wyoming Secretary of State Herschler Bldg East, Ste.100 & 101 Cheyenne, WY 82002-0020 Ph. 307-777-7311 ✓❑ I am the person whose signature appears on the filing; that I am authorized to file these documents on behalf of the business entity to which they pertain; and that the information I am submitting is true and correct to the best of my knowledge. ✓❑ I am filing in accordance with the provisions of the Wyoming Limited Liability Company Act, (W.S. 17-29-101 through 17-29-1105) and Registered Offices and Agents Act (W.S. 17-28-101 through 17-28-111). ❑✓ 1 understand that the information submitted electronically by me will be used to generate Articles of Organization that will be filed with the Wyoming Secretary of State. ❑✓ I intend and agree that the electronic submission of the information set forth herein constitutes my signature for this filing. ❑✓ I have conducted the appropriate name searches to ensure compliance with W.S. 17-16-401. Notice Regarding False Filings: Filing a false document could result in criminal penalty and prosecution pursuant to W.S.6-5-308. W.S. 6-5-308. Penalty for filing false document. (a) A person commits a felony punishable by imprisonment for not more than two (2) years, a fine of not more than two thousand dollars ($2,000.00), or both, if he files with the secretary of state and willfully or knowingly: (i) Falsifies, conceals or covers up by any trick, scheme or device a material fact; (ii) Makes any materially false, fictitious or fraudulent statement or representation; or (iii) Makes or uses any false writing or document knowing the same to contain any materially false, fictitious or fraudulent statement or entry. ❑✓ I acknowledge having read W.S. 6-5-308. Filer is: ❑ An Individual ❑✓ An Organization The Wyoming Secretary of State requires a natural person to sign on behalf of a business entity acting as an incorporator, organizer, or partner. The following individual is signing on behalf of all Organizers, Incorporators, or Partners. Filer Information: By submitting this form I agree and accept this electronic filing as legal submission of my Articles of Organization. Signature: Riley Palk Date: 07/08/2020 Print Name: Riley Park Title: Authorized individual Email: reports@registeredagentsinc.com Daytime Phone #: (307) 200-2803 Page 2 of 4 _ / � _ Wyoming Secretary of State /,{'f1I// 6�//%/�/y Herschler Bldg East, Ste.100 & 101 Cheyenne, WY 82002-0020 Secretary of State Ph. 307-777-7311 Consent to Appointment by Registered Agent Registered Agents Inc., whose registered office is located at 30 N Gould St Ste R, Sheridan, VVY 82801, voluntarily consented to serve as the registered agent for One Life OBX Holdings LLC and has certified they are in compliance with the requirements of W.S. 17-28-101 through W.S. 17-28-111. I have obtained a signed and dated statement by the registered agent in which they voluntarily consent to appointment for this entity. Signature: Riley Park Print Name: Riley Park Title: Authorized individual Email: reports@registeredagentsinc.com Daytime Phone #: (307) 200-2803 Date: 07/08/2020 Page 3 of 4 STATE OF WYOMING Office of the Secretary of State I, EDWARD A. BUCHANAN, Secretary of State of the State of Wyoming, do hereby certify that the filing requirements for the issuance of this certificate have been fulfilled. CERTIFICATE OF ORGANIZATION One Life OBX Holdings LLC I have affixed hereto the Great Seal of the State of Wyoming and duly executed this official certificate at Cheyenne, Wyoming on this 8th day of July, 2020 at 5:34 PM. Filed Date: 07/08/2020 Remainder intentionally left blank. Secretary ck State Filed Online By: Riley Park on 07/08/2020 Page 4 of 4 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00%3 County: Dare U.S.G.S. Quad: Rodanthe NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: John M. Robbins, III Lot 19 Wind Over Waves Phase III Address: 3675 Marine Drive Greenville, North Carolina 27834 Telephone Number: 252-423-0516 R4ECE AV-i' JUN 2 5 2020 Size (acres) 1.35-acres Nearest Town Waves Nearest Waterway Pamlico Sound River Basin Hatteras Island -Pamlico Sound USGS HUC 03010205 Coordinates Latitude: 35.548920 N Longitude:-75.471775 W Location description: Property is an approximate 1.35-acre lot located off Otter Way, in the Wind Over Waves Subdivision Phase III, adjacent to Midgett Cove and the Pamlico Sound, in Waves, Dare County, North Carolina. NC PAR 0647-1693- 2366. Deed Book 1477 Page 298. Indicate Which of the Followine Aonly: A. Preliminary Determination X There are waters, including wetlands, on the above described property that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 5 SAW-2020-00963 Wind Over Waves Phase III _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on Date. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC at 252-264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Raleigh W. Bland. PWS at (910) 251-4564 or Raleigh.w.bland(a),usace.armv.mil. C. Basis For Determination: The wetlands on this site meets the wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation Manual. The wetlands are a part of a broad continium of wetlands connected to the Pamlico Sound. D. Remarks: Department of the Army authorization is required to work within any jurisdictional waters and or wetlands on the property. Survey Prepared by Seaboard Surveying & Planning. File No. 1908823- 19, dated August 5, 2019. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you reque l Ca VE D determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 J U N 2 5 2020 MP S cCT'a®N RPM In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by March 30, 2017. Page 2 of 5 SAW-2020-00963 Wind Over Waves Phase III **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** a) Corps Regulatory Official: � Date: June 19, 2020 Expiration Date: N/A for PJD The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://coKpsmgpu.usace.AM.mil/cm apex/f?p=136:4:0. Copy Furnished: CESAW/RG-W/Bland J U N 2 5 2020 MP SECTION M611D Page 3 of 5 SA W_9ninAn06i wf..a nv w.v Ph.�� in ,My'�7 X 4 .va'Y. 'kk'�r�ti�y4N >" F?fA°. +W'+5— & kf ?. E ♦ 2. f I 9i iiid P ic& v"�� 5f° �%<i�f' i•5 ¢ "afi ��. NOTIFICATION.OF'ADMINISTRATPYE APPEAL OPTIONS`AND PROCESS AND .. »- ,.� : �, ,� REQUEST`FOR APPEAL Applicant: Wind Over Waves Phase III Lot 19 File Number: SAW 2020-00963 June 19, 2020 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑RAPPROVED ED PERMIT Standard Permit or Letter of permission)B ❑ENIAL C JURISDICTIONAL DETERMINATION D ®ARY JURISDICTIONAL DETERMINATION E SECTION I -. The following identifies your rights and options regarding an administrative appeal of the above. decision. , Additional information may be found at htty://www.usace.arrnv.mil/Missions/CiviIW6rks/RegulatoryProgramandPermits.aspx on Corps regulations- at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED, JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to �� rr ,e, if`P Dis form must be received by the division engineer within 60 days of the date of this notice. J U N 2 5 2020 Page 4 of 5 MP SECTION MHD E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative .T t IMI •1_w_ If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Raleigh W. Bland, PWS 2407 West 511 Street Washington, North Carolina 27889 910-252-4558 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1 OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 IRIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government I consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of anv site investieation. and will have the 0000rtunity to oarticioate in all site investigations. Date: I Telephone number: of appellant or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Raleigh W. Bland, SPWS, 2407 West 51h Street Washington, North Carolina 27889 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 GEMS® J U N 2 5 2020 Page 5of5 APP OSEC0ION KgHD JUN 2 5 2020 MP SECTION AfluH 6566 5 & 5 = :i-6 a Gssl IEl9p��6s w..., ��i g3{ �Vp`f aF� d g� lg f N4p 0' 3yr g 333p 5 3 �•� f x -d s x HIM I@" gill, o �'g '� Ep gigs rve6®W.gmew�o�� se v g1,14 ,11 al t G B Fi 9-la Qt�aA ata 6R a$� BB 8 � (�B•e f f f A f?°¢if sAz= ° � �" f f f f p ,•^. , ." F{�� F F f x rea'o � w:.0 f f � e\ \by �'" �' } � f �\ C �FIDF_q �y`O• °�� F f f a f �g �5.. f f f , . �� ;' .�=: a �, f • q �� �s �'Oi. ;'y. jg✓ � f � 1 f�d�4lf r�' SLG��'/� a f no a o f F F F ox o�Kjl2a u cx °�u� z s' :� G �G __ sdngae_d_ C s°.se'ao•en.or ��e++a • q s s a ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Richard Fertig P.O. Box 9796 Jackson WY 83002 Dear Mr. Fertig The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located on the Pamlico Sound at 26212 Otter Way, Salvo in Dare County, North Carolina. It was received on 26 May 2020, and appears to be adequate for processing at this time. The projected deadline for making a decision is 9 August 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. Kelly Spivey, District Manager for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3851 or via email at Kelly.Spivey0nodenngrov if you have any questions. If this agency does not render a permit decision within 70 days from 26 May 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. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your 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. D_EQ�P RECEIVED " �� JUN 17 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 278891252.946.6481 DCM-MHD CITY Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051910.796.7215 Morehead ON Offlre 1400 Cnmmerce Avenue I Morehead City. North Carolina 211557 1 2.52.808.2809 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, :Ay 6pive� District Manager Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator WARO Doug A. Dorman North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington. North Carollna 27889 1 252.946,6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1910.796.7215 Morehead On, Office 1 400 Commerce Avenue I Morehead City. North Carolina 21W57 1252R08.2808 RECEIVED JUN 17 2020 DCM-MHD CITY NoTI(01$1?j CAMA PERMIT APPLIED FOR PROJECT: 0 W W U W T COMMENTS ACCEPTED THROUGH APPLICANT: Richard Fer - ;, �—lalto Inc kin W�l , 9SO0 a AbOnt;c. Eywironmentcd CoAsultan+s u.c V•o• guy. 3lUtp Vu*4,3�kawK NC. a-19�+9 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW (2sa)gU g • 31s i ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Coastland Times P.O. Box 400 Manteo, NC 27954 NORTH CAROLINA Environmental Quality 23 June 2020 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 28 June 2020 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. 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 NCDEQ COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 ell ie.davis@ncdenr.gov Thank you. Si cerely, K ri Sparks, Administrative Assistant 11 Division of Environmental Quality Division of Coastal Management ATTACHMENT Cc: File RECEIVED JUN North Carolina Department of Environmental Quality I Division of Coastal Management MP SECTION �" Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.446.6481 �. , Wilmington Office 1127 Cardinal Drive Extension 1 Wilmington, North Carolina 284051910.796.7215 Morehead Clty Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 285571 252,808,2808 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-I 19(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 26 May 2020. According to the said application submitted by Richard Fertig proposes to construct a single family dwelling, pool, parking area, wooden bridge. 2 piers, rip rap, retaining wall and wooded wetland fill on property located off the Pamlico Sound in Salvo, Dare County North Carolina. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 17 July 2020 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Please publish on: 28 Jun 2020 Kelly Sptvey District Manager NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3853 J U N 2 6 2020 NIP SECTION AIHD D Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Washington Ofnu 1943Washington Square Mall I Washington, North Carollna278891 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I WIImington,North Camlina284051 910.796.7215 Morehead City Ofnce 1400 Commerce Avenue I Morehead City. North Camlina 28557 1 152A08.2808 _ ece7ve t PAMLICO SOUND PROPOSiD PER @ GAZEBO LOCATION L MY PIER @ 20'X20' GAZEBO PROPOSED RIP -PA" i g ma RROPOStO BREAKWATERSECTi • �/ pi PROPOSED RIP -HAP Y�Y ~X -i/'! -fXf .IYY ib'l r / /,• / • _ ''W3b-WELL/ GOVG KYI -IYa \•E - I- rK). .arx '� i Jyi•' 1.ILLS'. L ix i. SLAKE G &NATION PRDYFT'O D}' £CAILi4VJ KFI '.lINVEYNC R %.AR)RYD DATED S/o/1K. hRppgo wALt pDA -IF I/1`Y 2. WASEWATCR tlSCNARGC KILL 9E REArN D, .EI Sx<j)Ld -fl +/ f �1\- CENTRAL W SEWAIER S.STE'4 LOCATED 1% WND OAR WAITS So9DI ,I, . �f Tr. LWl�!N% W?IN 1XREE r TiF PL9)05. OP0, BRw)E \ \ • a.�.� • wN VA jo )town __..-.----.--......--_ \. .,\ L'•f - PACPMLa M. K¢4Y fiLL II.))5 Yi `\ ,� VA IF ACE E IN ME L'JAFM1: YLLMK LiL (I1YI1[D F XOG .AfM) .....-._._. - LKSK KORMY. W W ) \ -- SHEEP 1 OF d CAMA MAJOR SITE PLAN i RICHARD FERTIG LOT 14 — WIND OVER WAVES SUBDIVISION PHASE II SALVO - DARE COUNTY - NORTH CAROLINA v o. �4D A)r4NT/C ENV/RONMENTAL CONSULT4NTS, �F�"_IVED ORAPWC SCALE 1•.100' P.O. mr ,i e nm law,, N.C. A;v /752/761-7707, a -mod dcwgdoec#gxwV.fe�UN 1 7 2020 DATE: 4/20/20 RENSEP 5/21/20 FILE: FERMIS CAW ORAKN 9`:DAi; DCM-MHD r'' y Received -an' x DCWEC `P p P('�L E*E=k WA -91 75E�� MN•I PQ�Y,Ul "IF -RAK -95'Ar WK, "o CREW x pp,Y�s-'b SMA— IWAI\ sx, WIr. -at 0 x 2 boT J? LOT IN TE Pl-,!x;S NRIND OFU WAVCF, LLf -oIx Pk ll) ---- --- 1-401,awx, most a WFFER tlu WILANE 11.1. wrrAt-W RICHARD PER776 A Ilk SIXET OF 4 CAMA MAJOR SITE PLAN RICHARD FERTIG WIN" —V- P 8L� � ', ( t4 U v - DHASE SALVO — DARE CO.JtM — NORTH CARO.-INA 21. 1,50, 44UNIIC MYNOWAMUZ MANX f4NTS ZZ C P.C. hUrMS AIMNUA-, N.C. VY0 FECEIVED UN 17 2020 DC%M-MHD CITY Il r *L mF o JYI'N%AL PE812,/q][[.f.8ae_>•T:E;nu: mPlffl. 1\l A\Y c7p35 SEC)lu� ME I�DCE"_119O5,Fi SECTION WM w T BRIDGE CROSS SECTION Wr.S. ------ ')C(VLF: TYPICAL DRIVEWAY CROSS SECTION \. M I Sa sME a . ro [E SFm wm mxw B 11"iC[ 4tll1EL ]. M 111 Slq[ 6 1p E W .R UT fOW [NI[S M(A'. EiME M To ... )v srox[ iM. am[sm[ E W n xol ,o s a c[! w p w N1 i�)[ft7 ruEa.E sucx u p A axo auwx rvxa). !. M F!) SEMS .•IFA NLL MOl UR N 4VC[ROV.W S15I[Y. l M QOIL\aR[ EIHLL' K VEM.Iq( AVp CA]P4Y0 pE MII�$�(. a M sOrt Cx nfN M )Sa sFwF +\F E )vuv a IIR R YpMK/{LY covcw emm ro Ecnw,mrE SHEET 3 OF 4 PROJECT DETAILS RICHARD FERTIG LOT 19 WING OVER WAVES PHASE' Ili SALVO - DARE COUNTY - NORTH C.4ROLNA _. ...._.._.... _.. .. :ily 9 rE?$ gTG4NT/C ENY/RONMENT.4L CONSULTANTS, LLC P.O. 80.Y J764 AM HAWK, N.C. 17949 (252J261-7707, a -moil &ayda"gnroi/.Coln nac craze nv-sem ,/v/.n .•v.e ze e,)m; ME..\,« .;, n, SIDE VIEW _P8.0-1.10SEDGAZ vo_..'aEMAL ) 1, Nis END VIEW .. . ... . .... "et DCM-Lf, T. SWFA.7 4 ON d ---- ------ PROJECT DETAILS RICHARD FERTIG (,T 19 'vIiNf- OVFF-.* PIA, vo CmpE ijmTy �iI4 lit. ',47Z,4*ACf1V111,?0N#fN74Z COANUMN7J; ZZC P.O. 80,r J,?4ff. AM IVAR, N.C. ZSPO *'*This is a word processing form to be completed in Microsoft Word`"' NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applloant�k�eJ FC<M, 4 Date: Project Site County D, staff.,✓gay S� Dlstdch Elizabeth City Washington �' % ❑Morehead City Wilmington Project Name: pier extension with plallorin �� 4 Rover File: Date of initial application submittal (EX 1/82007): g J.% t Z e�2v Date application 'received as complete' in the Freld office (EX 1/W"7): �� 1 r� 1.L p .4-t.2 Permit Authodzation: CAMA Dredge & Fill Both PNA: ElYes,4NO Photos Taken: Ye No❑ Setback Required (Hpanan): ❑ Yes VNo Critical Habitat: Yes No AINot Sure 15 foot waiver obtained: El Yes No Hazard Notification Retumed: ❑Yes PiNo SA V: El Yes 91No ❑Not Sure Shell Bottom: 91 Yes No Not Sure Temporary Impacts: Yes o Sandbags: Yes No Not Sure Did the land use classification come horn countyLUP:,RYes []No Mitigation Required (optional): ❑Yes.;�,No Moratorium Conditions: Yes No ❑NA Environmental Assessment Done: ❑Yes)2No ❑NA —OPTIONAL (choose MAX of 4) (404) Corp. of Engineers (Jurisdictional 0 (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Selicomia sp.) wetlands) El (CJ) Saw grass (Cladlum Jamaicense) 0 (SA) Salt marsh cordgrass (Spartine (SY) Salt reed grass (Spartina altemillora) cynosuroides) (DS) Sall or spike grass (Dlsllchlis (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) Sp.) El (JR) Black needlemsh (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) No fee required - $0.00 III(A) Private w/D&F up to 1 acm; 3490 M(D) Pdv. public or Comm w/D&F to 1 can be applied - $250 acre; 3490 cant be applied - $400 El Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 El III(B) Public or commercial w/D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 El Major development extension request - El It Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or rill - $250 Ill(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCMneeds RECEIVED DWQ agreement - $400 DCM-MHD CITY Applicant. <1064 a AV 'r?n'r7 ej Date. Desodbe below the AC77VITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New WorkR Reptace Pled- Maint ❑ ❑ YQ N YoS 6 New Work Replace i /i / Maint ❑ ❑ Y,p N G7 New WOrkj9 Replace Maint ❑ ❑ Y E' N �5Q New Work Replace t / �7 Maint ❑ ❑ Y ®N 20 �rQ New Work Replace Maint ❑ ❑ Y/M N / j G-O $?rGRCItI/�C� New Work4 Replace - / Maint ❑ ❑ YAa N Ins New Replace / Maint [I [IY ja N "7O7 J / 2 r7-. New Wotk Replace , /u- Z Maint ❑ ❑ Y ❑ N !/.S / Z •�lTi�r.7, / New Work Replace QQ F; y' ��)) FYLt. Maint ❑ ❑ Y ❑ N • V New Wb*JT 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 Wotk Ll Replace Maint ❑ ❑ Y ❑ N New Work Rep/aoe Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New Work EF Replace Main(❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint [I ❑Y❑N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ I ❑ Y ❑ N ttCVr—rv�w �dN 7r'A,"owl snt+ DCM-MHD CITY Applicant: /�rG)lI�YLYJT7� Date: blir /202 -) Describe below the HABITAT disturbances forthe application. All values should match the name, and units of measurement found in your Habitat code sheet DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp Impact amount TOTAL Feet (Applied for Disturbance total includes any anticipated restoration or temp impacts) RNAL Feet (Anticipated final disturbance. Excludes any restoration andror temp impact amount inSLo4F Wy.r,,,rr.i., p Dredge ❑ RI F Both ❑ Other ❑ 'I- ) , 3-Ls TF 1.13 Zf SHA%Lo. Ro.•vr^ Dredge [I Fill [I Both ❑ Other 2 V00T-4. 2 %, LDof 144y5 Dredge ❑ Fill ❑ Bofh ❑ Other `Zr O 1 J rl- 2, O r O% r1 Dredge Fill Both Other 2/ ko5 Zr f Wy 'F Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge Fill Both ❑ Offer ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED DCM-MHD CITY MA.IOR PERMIT FEE MATRIX Applicant: RN VENTURES. LLC; Richard rertie Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (243001602 435100095 2341) I. Private, non-commercial O development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands of open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: ❑ Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit 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 applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4175 (See attached) can be applied: III(B). Public or commercial ® development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4175(See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (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. $400 60% ($240) 40% ($160) 4175 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 409%. ($1(90) excavation of more than one acre of wetlands and/or open water areas: DECEIVED JUN 17 2020 DCM-MHD CITY ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 phone/fax riecelved May 21, 2020 d S ."30 Yvonne Carver I)CM-EC 401 South Griffin Street. Suite 300 Elizabeth City, NC 27909 RE: Fertig Project — Revised CAMA Major Permit Application Lot 19, Wind Over Waves Subdivision Phase III Dear Mrs. Carver, Enclosed are the revisions to CAMA Major Permit application as lw.r your comments dated May 20, 2020. 'The proposed project is located at 26212 Otter Wary in Salvo, Dare County, North Carolina. The following infornmtion has been submitted as part of the revised permit application: I. Copies of the revised site plans and details for the project. 2. Revised application forms DCM MPI, MP2, MP3, MIN R MP5 3. A revised narrative description of the project. We request that you continue the review process and if (nave questions or need additional information please contact roe at 252-399-2603. Sincerely. r' Doug Dorman .Mantis Environmenml Consultants. LLC i s-CEIVED JUN l 12020 DCtiA•'AHD CITY PROJECT NARRATIVE Fertig Project ' i SG otj Lot 19, Wind over Waves Phase III Parcel #: 012466000 0 lylp�„ E C, May 21, 2020 Project Description: The subject property is located on the Pamlico Sound in Salvo, Dare County, North Carolina. The property is an undeveloped 4.6 acre lot with Coastal and Section 404 wetlands. The proposed project includes the construction of a single family residence with an elevated wood bridge to access to the upland area on lot 19 in Phase III of the Wind Over Waves subdivision. In addition a walkway/pier to a gazebo and dock for small boats are proposed. The proposed bridge will be a 70' long 12' wide pile supported wooden bridge elevated over Section 404 wetlands. The access driveway and bridge approaches will impact 1,325 square feet of Section 404 wetlands. The access driveway and bridge approach will be constructed using geotextile fabric and #57 stone to help minimize impervious surfaces throughout the property. A 6' wide by 345' long walkway elevated over Coastal wetlands will connect to a 6' wide by 100' long pier with a 20' by 20' gazebo on the Pamlico Sound. Inside Midgett Cove a 6' wide by 45' long pier will provide access to a 6' wide by 50' long dock for a small boat and jet ski. The cove is located on the south shoreline of the property that has 3' water depths and will provide a safe location for docking. A natural channel will provide access to the Pamlico Sound without dredging or impacts to submerged aquatic vegetation. A retaining wall will be constructed around perimeter of the proposed house, pool and driveway to elevate the site an additional three feet above the existing grade. Wetland Delineation: A wetland delineation was completed by Atlantic Environmental Consultants, LLC and verified by the US Army Corp of Engineers on May 13, 2019 but we are waiting on the documentation for the Jurisdictional Determination. Wetland Fill Mitigation: The proposed bridge project will impact 1,325 square feet of Section 404 wetlands for the construction access driveway and bridge approach. The wetland impacts have been limited to 1,325 square feet therefore we are proposing no mitigation for this project. Construction Technigues• The bridge pilings will be installed by jetting them in hydraulically. The remaining construction will be done by hand using conventional framing techniques. As the bridge is being constructed some matting may be placed temporarily over the existing wetlands to provide a safe working platform. The matting will be removed when the bridge construction is complete. A pickup truck and small tractor will be used to transport material over the bridge as it is being constructed. RECEIVED JUN 17 2020 DCM-MHD CITY e(:(�Ive?(: DETAILS FOR PROJECT Property Area: 201,388 square feet Upland Area: 38,511 square feet C�'1"� Wetland Area: 162,857 square feet 75' AEC Area: 165,860 square feet Proposed impervious area within the 75' AEC: Portion of house ........................................................ 2,502 square feet Pool Concrete............................................................ 700 square feet Concrete Driveway & Walkay........................................ IM1 aguare feet % Impervious: 9,9643/166,860 = 5.7% Total 9,543 square feet Proposed Impacts within Public Trust Waters: Pier 6'x100......................................... Pier 6'x45.................................. Platform 6'x50'................................... Gazebo 20'x20' ............................ Dock 6'x50' .......................... ... Rock rip -rep 1,235'x8...................... ........................ 600 square feet ........................ 270 square feet ............. I.......... 300 square feet ........I ............... 400 square feet 360 square feet ••• 860 square feet Total 11,800 square feet Proposed Bridge 8, Walkways Over Wetlands: Bridge 12'x70".............................................................. 840 square feet Walkway 6'x40'.................................. ......... 240 square feet Walkway 6'x305......................... ...........1,830 square feet ........................ Walkway 6'x30' .............................. ..... 180 square feet ............................ Total 3,090 square feet 404 Wetlands impacted: 1,325 square feet 660 square feet in 30' DCM Buffer 675 square feet in 76' AEC RECEIVED A 17 2020 UCM-MHD CITY llL L L L L L L t I L L L L L L L L L L L L � lllllllllllllllllllllllllllL m lllllllllllllllllllll lllllll a] lllllllllllll llllllllllllllll W� llllllllllllll lllllllllllllllll moo W lllllllllllll llllllllllllllll Sam N > N lllllllllllll llllllllllllllllll Q.0w�m - llllllllllllll llllllllllllllllllll LU Gz<wN W l�lllllllll lllllllll llllllllllllll <<� L3 CFS LKillllllllllllllllllllll l llllllllllllllll, =<<o lllllllllllllllll l l l l �� -�r�� llllllllllllllll --- m� aZz—_------ lllllllllllllllll �.¢ llllllllllllllll NLU �3��'7� lllllllllllllllll 111 >" �� lllllllllll f v W llllll l--- ---------- ,:'4a llllllllllllllllllllll � a ��� "�� �'� llllllllllllllllllllll ) Z llllllllllllllllllllll ;.�Re 4 lllllllllllllllllll� '��W ���� � � car.� �• l ll ' llllll llllllllllllll\� All llllll `lllllllllllllllllll ' 'aw. ; ll llllll lllllllllllll l - l m llllllllllllllll �, �14 `,l N _ llll mill l IIIIIIA l 1- 1 11 oX l l l l l l l l l l l`� l l l l l l l l� l l l t l l l l l� l� ' �'• l l '� \ `••., a� llllllllllllllll) lllllllllll ll ll lllll4l \ ` �1 " lllll r � o ® w w w a ME llllllllllllllll �lllllllllll 111 llll Lll lW 11 \ - Millo . 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"�/ ME%4 AR�EEAA: 162,857 S.F. Yl- AAL �. ,1L '*OP'6$E6 Rg--ftA AL /AL /• ell AL X 0 ,IVY AL — i AkL IIET! 1NOS AL AL / AL 15 11 0 ; ' AL I AL ------- 7)AL A4 I '' pp� i /Y•+ ' AL .' ;'PROPOSED P , HOUSE AL AILAL AIL v ..0' X —1.0' X AkLO / WALL AL RETAININ —y J f i" PROPSED SMALL BOAT 4,;" _.__..._..._. ..._...-&., �. /&-&T SIEF$OCIE—� (6' K 50') 1 ` /i —2.0' X 2 / PROPOSED FORCE MAIN L" LOT LOT 16 1 7 TWO SUPS WITH THREE / 'WIND OVER PAVES, I ,:REPIUNGS� -3.0 X LEGEND A�4 PROPOSED BRIDGE PROPOSED ROCK RIP -RAP 17 ,0 t 1 12'X7°' "- "{ _PROPOSED CONCRETE �..._. `. Li...J AL PROPOSED /57 STONE AL -PROPOSED 404 WETLAND FILL (1,325 SF) 'A. �J j I - 30' DCM BUFFER LINE \ ..\ , ` LOT 18 ______-- _ 75' AEC LINE At v'•... ' : AL i' / N F 404 WETLAND LINE ANDS J — • • — • • — - COASTAL WETLAND LINE (VERIFIED BY NODOM 4/17/20) RICHARD FERTIG ------- - EXISTING SHORELINE (NW.) �� �� �•� AkL / I I _y6' - EXISTING WATER DEPTHS UPLANDS\ NOTES ` \ 1. SURVEY INFORMATION PROVIDED BY SEABOARD P OPOSm FORCE MAIN SURVEYING h PLANNING DATED 8/5/19. 2. WASECENTRAL WASEWATER SBY SYSTEM LOCATED DISCHARGE WILL BE TREATED vAkLq I WIND OVER WAVES SUBDIVISION. / \ ALI ... AkL Nx le .'.:. �/ SHEET 2 OF 5 `',ram CAMA MAJOR SITE PLAN RICHARD FERTIG LOT 19 — WIND OVER WAVES SUBDIVISION PHASE III SALVO - DARE COUNTY - NORTH CAROLINA 25• ° 50, '°°' 150' ATLANT/C ENS/RONMENTAL CONSULTANTS, LLC GRAPHIC SCALE ,•=so' A& 90X Zfi6, K/TTY N,41f'K, N.C. 17949 (151�161-7707, e-mail dougdoec®gmoi/.com DATE: 4/20/20 REVISED: 5/21/20, 7/27/20 FILE: FERTIG CAMA DRAWN BY: DAD rm 0 0 0 OTMJ Qp CF rm 0.p O PROPOSED RETAING BRIDGE CROSS SECTION N.T.S. r P.T. BUMPER 4' PROPOSED DRIVEWAY (GEOTEXIILE FABRIC & #57 STONE) OPSEDFlLL To U _I\pROpOSEp RE7NNG WALLPROPOSED WETLAND FILL TO AREA 112 SF uU D AT LL 8"x8' P.TPHNGS PROPOSED WETLAND FILL BRIDGE CROSS SECTION N.T.S. PROPOSED GEOTEXTILE FABRIC TO BE INSTALLED UNDER #57 STON PROPOSED GRAVEL DRIVEWAY S4- MIN. 57 STONE) TYPICAL NOTES: N.T.S. 1. THE $ 57 STONE IS NOT TO BE MIXED WITH OTHER AGGREGATE MATERIAL 2. THE / 57 STONE IS TO BE LAID AT LEAST FOUR INCHES THICK. 3. THE #57 STONE IS TO BE LAID OVER GEOTEXTILE FABRIC. 4. THE #57 STONE AND GEOTEXTILE FABRIC IS NOT TO BE PLACED ON TOP OF AN IMPERVIOUS MATERIAL SUCH AS CRUSH AND RUNOR ASPHALT. 5. THE #57 STONE AREA WILL NOT USE AN VNOERDRHN SYSTEM. 6. THE GEOTEX7ILE FABRIC IS PERMEABLE AND COMPRISED OF NON -BIODEGRADABLE 7. THE SOIL ON WHICH THE #57 STONE WILL BE PLACED WY. NOT BE MECHANICALLY COMPACTED PRIOR TO INSTALLATION. EXISTING GRADE SHEET 3 OF 4 PROJECT DETAILS RICHARD FERTIG m LOT 19 WIND OVER WAVES PHASE III —T SALVO - DARE COUNTY - NORTH CAROLINA m 0 NTS NT8mmmmmmmmw ATLAN _C £Nl1/RONM£NTAL CONSULTANTS, LLC GRAPHIC SCALE 1"= NTS P.O. A90AI 3266, MITY HAWK, N.C. 27949 (252)261-7707, a-moi/ dougdaec®gmai/.com DATE: 5/4/20 REVISED: 5/21/20 FILE:20-FER71G DRAWN BY: DAD SIDE VIEW RIP -RAP REVETMENT CROSS SECTION SCALE: NTS RECEIVED A U G ? , 2020 MP SECTION MHD END VIEW PROPOSED GAZEBO DETAIL N.T.S. RIP -RAP BREAKWATER CROSS SECTION SCALE: NTS PROJECT DETAILS RICHARD FERTIG LOT 19 WIND OVER WAVES PHASE III SALVO — DARE COUNTY — NORTH CAROLINA NTS 0' NTS GRAPHIC SCALE 1"=NTS 5/21/20, 7/27/20. 8/10/20 DATE: 5/4/20 REVISED: SHEET 4 OF 5 ATLANT/C ENV/RONMENTAL CONSULTANTS, LLC P.O. 90.Y J266, K1TTY H,4WK, N. C. 27949 (252)261-7707, a -moil dougdoec®gmoi/.cam FILE: 20-FERTIG DRAWN BY: DAD E)OSTING U N U aZ!) 1 A U V L' I AIL FLUIDS SHALL BE DISCHARGED OR RELEASED INTO NATURAL DRAINAGE FEATURES OR FORCE MAIN & WATER/WETLAND CROSSING DETAIL CONTRACTOR SHALL ELEMENTS THE CONTRACTOR SHALL CLEAN UP ALLDRILLING FLUIDS AFTER THE WORK IS COMPLETE. N.T.S. PERMITTING PURPOSES ONLY. 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RIP -RAP BREAKWATER CROSS SECTION SCALE. NTS SHEET 4 OF 5 PROJECT DETAILS RICHARD FERTIG LOT 19 WIND OVER WAVES PHASE III SALVO — DARE COUNTY — NORTH CAROLINA NTS D, NTS ATLANTIC ENV/RONMENTAL CONSULTANTS, LLC GRAPHIC SCALE 1"=NTS .00 BOX 3 CC 11ITTYH,4UIV NC 27949 5/21/20, 7/27/20, 8/10/20 (252)261-7707, a-moi/ dougdoec®gmo/%com DATE: 5/4/20 REVISED: FILE: 20-FERTIG DRAWN BY: DAD SIDE VIEW RIP -RAP REVETMENT CROSS SECTION SCALE NTS RECEIVED AUG 1 1 2020 NIP SECTION f%PPD z END VIEW PROPOSED GAZEBO DETAIL N.T.S. RIP -RAP BREAKWATER CROSS SECTION SCALE: NTS PROJECT DETAILS RICHARD FERTIG LOT 19 WIND OVER WAVES PHASE III SALVO — DARE COUNTY — NORTH CAROLINA NTS 0. NTS mommommoomd GRAPHIC SCALE 1"=NTS DATE: 5/4/20 5/21 /20, 7/27/20, 8/10/20 REVISED: SHEET 4 OF 5 ATLANTIC ENS/RONMENTAL CONSULTANTS, LLC P.O. BOX J266, KITTY IMP,' N.C. 27949 (252)261-7707, e-mail doagdaec®gmail. oom FILE: 20—FERTIG DRAWN BY: DAD k , n U 3 Z!) I IN U V L' I AIL FLUIDS SHALL BE DISCHARGED OR RELEASED INTO NATURAL DRAINAGE FEATURES OR STORMWAFORCE MAIN & WATER/WETLAND CROSSING DETAIL CONTRACTOR SHALLCOLLECLEAN ELEMENTS. THE CONTRACTOR SHALL CLEAN UP ALLDRIUJNG FLUIDS AFTER THE WORK IS COMPLETE. N.T.S. PERMITTING PURPOSES ONLY. NOT FOR CONSTRUCTION PROJECT LOT SALVO NTS 0' NTS GRAPHIC SCALE 1"=NTS DATE: 7 SHEET 5 OF 5 DETAILS RICHARD 19 WIND OVER - DARE COUNTY REVISED: FERTIG WAVES PHASE III - NORTH CAROLINA ATG4Nl/C ENV/RONMENTAL CONSULTANTS, LLC P.O. BOX 3266, KITTY HAWK, N. C. 27949 (252)261-7707, e-mail dougdoec®gmoilcom FILE: 20-FERTIG DRAWN BY: DAD ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Coastland Times P.O. Box 400 Manteo, NC 27954 NORTH CAROLINA Environmental Quality 16 June 2020 4 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 21 June 2020 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. 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: ATTACHMENT Cc: File Ellie Davis NCDEQ COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 ellie.davis@.nedenr.gov Thank you. Sincerely,' ,,', , o Ken Sparks, Al dministrative Assistant 11 Division of Environmental Quality Division of Coastal Management =D M DECEIVED North Carolina Department of Environmental Quality I Division of Coastal Management JUN 17 2020 Washington Office 1943 Washington Square Mall I Washington. North Carolina 178891 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1 910.796.7215 Morehead Chv Office 1 400 Commerce Avenue I Morehead Clty. North Carolina 285571 252.808.2808 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. I I3A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 26 May 2020. According to the said application submitted by Richard Fertig proposes to construct a single family dwelling, pool, parking area, wooden bridge. 2 piers, rip rap, retaining wail and wooded wetland fill on property located off the Pamlico Sound in Salvo, Dare County North Carolina. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 29 May 2020 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. NQ67V the permit decision in this matter will be provided upon written request. �O e-l-11yPAY District Manager NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3853 Please publish on: 21 .fun 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington. North Carolina 27889 1 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1910.796.7215 Morehead Citv Office 1 400 Commerce Avenue I Morehead C". North Carolina 28.5.57 1 25280&2808 RECEIVED JUN 17 2020 DCM-MHD CITY DocuSign Envelope ID: BlC6Eb6C-0451)4C52-A11E-OC74BMA0673 OFFER TO PURCHASE AND CONTRACT - VACANT LOTILAND [Consult "Guidelines" (form 12G) for guidance in completing this fomnj NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Construction (Foot 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": WIND OVER WAVES LLC (b) "Buyer": RICHARD FERTIG AND OR ASSIGNS (c) 'Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Fonn 2A11-T) with this offer. Street Address: 0 OTTER WAY LOT City: SALVO Zip: 27972 NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit LOTS 18619 , Block/Section , Subdivision/Condominium WIND OVER WAVES PP r 3 , as shown on Plat Book/Slide at Page(s) y, er/PID or other identification number of the Property is: PINMO1t4TSE93t52 —6 064716932366 & 064716934453 J'1RI�� th r description: PARCEL# 0iP0*i&99i 012821099 & 012821098 Some or all of the Property may be described in Deed Book 1477 at Page 0298 (d) 'Purchase Price": $ 170,000.00 $ N/A $ 1,000.00 $ 169,000.00 paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by ❑ cash ® personal check ❑ official bank check ❑ wire transfer, ❑ electronic transfer, EITHER ❑ with this offer OR ® within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on , TIME BEING OF THE ESSENCE. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Properly in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). This form jointly approved b Page I of 1 I ) y pp y: � STANDARD FORM 12-T n North Carolina Bar Association Revised 7/2018 North Carolina Association of REALTORS® Inc. °S 2awMuad 0 7/2018 RERLTORe a, ' ,.IMRIII rrywrwnr Buyer initials Seller initials RECEIVED Midges RWry- Hmo.. PO Box 2M H9. NC]M43 M.,(252�21 Fax: (252p 2745 FERTIG TO WOW LOT TEm yMidgelr Produced mM zlpF"G by zipLopix 18070 Fneen MM ROM, Fr r, MMIgan 4802e ypppa,za aixG JUN 17 2020 DCM-MHD CITY DocuSign Envelope ID: B1C6E66C-045D-4C52-A11E-OC14BA4AO873 Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Sellers anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. tt) __rsscrow ^gent- tinnn name): nauae-rr aceru.r: o Ia anai�.vwin NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ('Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, it any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount' if any, paid by Buyer to Seller with this Contract for Buyers right to terminate the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(n) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. 0) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on 45 DAYS AFTER OFFER ACCEPTANCE. TIMEBE/NGOFTHEEWENCE. Page 2 of 11 STANDARD FORM 12-T Revised 7/2018 °FA Buyer initials W Seller initials MR 0 7/2019 Pm&e dWffizipForm6nyxipto9d 18070 Fnrn IlYr Rood, Fo r, WNW 49M ZW.Zktegkf FERTIG TO WOW DocuSign Envelope ID: B1C6E86C-645D4C52-A11E-DC14BA4A0B73 (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on Sn nova Arran QEFER arrVIPTANrla . (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10 (Delay in SettlementlClosing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORSO that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied With such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confi med Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lump sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 5(b), and Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). 2. BUYER'S DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Dote Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (a) Loan: Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: Page 3 of I I STANDARD FORM 12-T eB Revised 7/2018 Buyer initials Seller initials MR RECEIVED 07/2018 Pmdrmtl zi,,FamabyxlpL"yix te070Fffl nMrs R"d.Fmnr.MkNQW4W2a wrw�rww FERTIG TO WOW JUN 17 2020 DCM-MHD CITY DocuSign Envelope ID; 81C6E86G045D-4C52-A1IE-OCUBA00B73 (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyers intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2AI2-T) provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals: An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vii) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, stormwater management, and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the streettroad upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any street(syroad(s) are public or private, (2) whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f) (the "Statute") requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract is subject to the Statute, consult a NC real estate attorney. (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract. (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Sellers negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Loan: Buyer ❑ does ® does not intend to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑ Conventional ❑ Other: CASH DEAL loan at a Page 4 of I I STANDARD FORM 12-T "s Revised 7/2018 Buyer initials Seller initials MRIII RECEIVED 07/2018 Piotluna wlM=IpFormaby alpLpgx/Ba7a FMwn Mlle R.W. Fmw. MkMp"n 4W2e MEJU,w.ra" FERTIG TO WOW JUN 17 2020 DCM-MHD CITY DocuSign Envelope ID: B1C6E86C-045D-4C52-Al1E-0C14BA4A0B73 ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of year(s), at an initial interest rate not to exceed % per annum (the "Loan"). NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. NOTE: If Buyer does not intend to obtain a new loan, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) Other Property: Buyer ❑ does M does not have to sell or lease other real property in order to qualify for a new loan or to complete purchase. NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2- T) with this offer. (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as may be specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management company as agent of an owners' association for providing information required by Buyer's lender; (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, such as "move -inn fees'; (iii) determining restrictive covenant compliance; (iv) appraisal; (v) title search; (vi) title insurance; (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (viii) recording the deed; and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: ® has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there ❑ are ❑ are not any Proposed Special Assessments. If any Proposed Special Assessments, identify: Seller warrants that there ❑ are ❑ are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify: NOTE:Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). (c) Owners' Assoclation(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects ® does not subject Bayer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Page 5 of I I 08 Buyer initials_ Seller initials MR PmCam6 niN zlpFa byzip[-Wu 16070 Fnew Mre Road. Frazer, M iVan 46026 STANDARD FORM 12-T RECEIVED Revised 7/2018 ® 7/2018 'SUN 1 7 2020 FER'rlG TO WOW DCM-MHD CITY DocuSlgn Envelope ID: B1C6E98G045D-4C52-A11 E-OC148MA0873 Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2A 12-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: (❑ Applicable ❑ Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (e) Private Drinking Water Well Permit: (❑ Applicable ❑ Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed after July 1, 2008, attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Title, Payoff Statement(s) and Non Foreign Status: (i) Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. (ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or short -pay statements from any such lender(s). (iii) If Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, Seller shall also provide to the closing attorney a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller shall not provide a non -foreign status affidavit, Seller acknowledges that there may be withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Sellers agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurers (or title insurers agent's) file to Buyer and both Buyers and Sellers agents and attorneys, and (3) the closing attorney to release and disclose any sellers closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyers lender(s). (c) Access to Property: Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. NOTE: See WARNING in paragraph 2 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. (d) Removal of Seller's Property: Seller shall remove from the Property, by the dale possession is delivered, (i) all personal property which is not a part of the purchase and (ii) unless otherwise agreed, all garbage and debris. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Properly as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising therefrom. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of Page 6 of I I ANID.ARD FORM 12-T �os R EC: E I V wised V2018 Buyer initials_ Seller initials ,1 �(i'll(W ® 712018 Produadw zi,,F m byzipLWx M70Fn Mraaaad,Fraser,MiMiMipenWM gee ze Lmmx JUN 17 2"gTIGTowow DCM-MHD CITY DocuSign Envelope ID: B1C6E86C-048D4C52-A11E-OC14BA4AOB73 the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE: Buyer's failure to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period does not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A I4-T) as an addendum to this Contract. (h) Deed, Taxes, and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations corder this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made to: RICHARD FERTIG AND OR ASSIGNS (i) Agreement to Pay Buyer Expenses: Seiler shall pay at Settlement $ N/A toward any of Buyer's expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHANA lender and inspection costs that Buyer is not permitted to pay. 6) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Seller's account payment information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Contract other than those fees required to be paid by Buyer under paragraph 4(b) above; and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a proposed sale of the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably determined or estimated. The payment of such estimated amount shall be the final payment between the Parties. (1) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-T): If applicable, Seller shall provide the completed Owners' Association Disclosure and Condominium Resale Statement Addendum to Buyer on or before the Effective Date. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. S. CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable weer and tear excepted. 9. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does Page 7 of 1 I a Buyer initials_ Seller initials MR Wbucb cW Z0Fomiaby *L0* 1807a FMwn NY Rob. Fnoyr, MiWpn Naze STANDARD FORM MT Revised 7/2013 RECEI VEI) 0 7/2019 miWL FERTIC TO WOW JUN 1 7 202o DC"-MHD CITY DocuSian Envelope ID: SICBENG-045D4C52-AtIE-OCUBA00873 NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 10. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non -Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and Closing within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non -Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 11. POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes, including security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph 1(m). No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. 12. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, 1F ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. ❑ Additional Provisions Addendum (Form 2A11-T) ❑ Additional Signatures Addendum (Form 3-1) ❑ Back -Up Contract Addendum (Form 2A1-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ Loan Assumption Addendum (Form 2A6-T) M Identify other attorney or party drafted addenda:ADDENDUM A ❑ Owners' Association Disclosure And Addendum For Properties Exempt from Residential Property Disclosure Statement (Form 2A 12-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A 14-T) NOTE: TINDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax - deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 14. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTORO or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 18. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or Page 8 of I I De STANDARD FORM 12-T Revised 7/2018 Buyer initials rJAOA Seller initials II RECEIVED `C 7/2018 ProOuce*w zpForma OyzOLopu IN70FAe Mb RoW,Fmmr.Mlh4w4W26 l L�f FER11G -10 WOW JUN 19 2020 DCM-MHD CITY DocuSign Envelope ID: BIGOE85C-045D4C52-AIIE-OC14BA4AOB73 communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, any any fee, deposit of other payment to be delivered to a party herein, may be given to the party or to such parry's agent. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 20. COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on Ote day following the day upon which any act or notice as provided in this Contract was required to be performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina, THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: 4/27/2019 WK Buyer QR10HAR0 fE1110 AND OR AMW ICAL51~- k7 LhILU M1J OR ASSIGNS Date: Buyer Entity Buyer: (Name of LLC/Corporation/Partnership/frust/etcJ By: Name: Title: Date: Date: Seller WIND OVER WAVES LLC Date: Seller Entity Seller: wind over waves, LLC (Nam&4 CI..Corporation/Partnersltip/rrusUete.) By: M,�u eAC6W&COGD/R.. Name: Sohn M. Robbins III Member Title: 4/30/2019 Date: Page 9 of 1 I STANDARD FORM 12-T Revised 7/2018 RECEIVED 07/2019 P,oO,ceE wah ziffw by zlpLNw mere Fnsen Mlle RwE. Fmw. Wohipen /eaM WJX&bl�Wts,= FERTIG TO WOW JUN 7 q 2020 DCM-MHD CI7-y DocuSipn Envelope ID: B1GOE88C-D45D4C52-A11E-OC14BA4AOB73 WIRE FRAUD WARNING TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. NOTICE INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: SELLER NOTICE ADDRESS: Mailing Address: Mailing Address: Ipo BOX 1877, tmH, NC 27948 Buyer Fax#: Seller Fax#: Buyer E-mail: eaRTIGRIGHAIL.Cer4 Seller E-mail: CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Finn Name: MIDGETT REALTY Listing Finn Name: MIDGETT REALTY Acting as❑ Buyer's Agent❑ Seller's (sub)Agent ®Dual Agent Acting as ❑ Seller's Agent ® Dual Agent Firm License #: Finn License #: Mailing Address: Mailing Address: Individual Selling Agent: aaN JOHNSON Individual Listing Agent: TRxsHL HIDGETT ❑ Acting as a Designated Dual Agent (check only if applicable) ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License Selling Agent Phone#: Selling Agent Fax#: Listing Agent License #: Listing Agent Phone#: Listing Agent Fax#: Selling Agent E-mail: DMJPHIDGETTR TY. CCM Listing Agent E-mail: T GKANSHIDGETTR TY. CCH Page 10 of I I oe STANDARD FORM 12-T Revised 7/2018 Buyer initials vd0" Seller initials MR I� RECEIVED O 7/2018 Pro "d with zpform®DyzipLo& IN70 FM~ Mils ROW. Frazer. MklYW4W2P www.iormtrmm FERTIGTOWOW JL'N 1 7 2020 DCA'A D CITY DocuSign Envelope ID: SIC6E86C-045D-4C52-AIIE-OC14BA4AOB73 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: WIND OVER WAVES LLC ("Seller") Buyer:RICHARD FERTIG AND OR ASSIGNS ('Buyer") Property Address:0 OTTER WAY LOT, SALVO, NC 27972 ("Property") ❑ LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Listing Agent hereby acknowledges. Date: Firm: MIDGETT REALTY (Signature) TRISHA MIDGETT (Print name) ........................................................................................... ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Seller hereby acknowledges. Date: Seller: (Signature) WIND OVER WAVES LLC Date: Seller: (Signature) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragraph I(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: MIDGETT REALTY MA (Signature) SALIE BABILONIA (Print name) ................................................................................. ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of S . . Escrow Agent as identified in Paragraph I(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agrees to (told and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: MIDGETT REALTY Time: ❑ AM ❑ PM By: (Signature) SALIE BABILONIA (Print name) Page I I of I I STANDARD FORM 12-T RECEIVe0 Revised 72/2018 018 Protluc AhtlpForm®byxlptopk 16770FMe Mft RW.Fror,Mk01pan48W6 mmvbplmicm81,,1/ ry FERTIG TO WOW �U/Y / 2�20 DCM,MHO CITY RF.AI, ESTATE t RAN9PEit 9'AR co ` n- - - XPROM D RItT111 (E)rile rla $1542.00 Fit" Mt. toll Pass, 2111111 IM ls, My I NIL/201111 p:4&" ,N Pt g 771M ILgmo mlies all NPr, N1116M eF 0IW{ aPNjlg its to M. g1Ng.N gN II�N III, ■�YII� qss I off 4e:,Na lucardlne Time. Book and Tax Lot No.. 0647,(16>`944. 5809 (part) , _. _... Parcel Identifier No. _._..R12821-000..(part) ___. .... Verified by 065.7...(I.77%2 2648 . County on the day of 013.L91-000 ........... by Hail after recording to Dania('U. Khoury,VeRldeyenter..Elack,. UP,...P.O... Box. ..1042..__...... ......_ _. _.................... Kitty ... Hawk...N.C-.27949=1042 ....... _.._.__. _..._.. .. _._........ __.__ ... This Instrument was prepared by-Aeh9ead P. Pipkin, Esquire IIrle[ description for the Indu,PHASE III - WIND OVER WAVES - WIND OVER WAVES NORTH CAROLIIt GENERAL WARRANTY DEED THIS DEED made this -_7P\ .. dry of fE-� ...... 2003, XV _ ..., by and between GRANTOR Aehmead P. (Pringle) Pipkin and Y� Marjorie A. Pipkin, his [rife, and Pipkin I Limited Partnership, a North Carolina Limited Partnership acting by its General Partner, Prometheus Partne Inc., a North Caroline Corporation 119 Pasquotank Drive Raleigh, N.C. 27609 �X GRANTEE Wind Over Waves, LLC a North Carolina Limited Liability Company, P.O. Box 1877 Kill Devil Hills, N.C. 27948 Enter In aW.pdale bled is, each pally: name, address, aas, if appmPriate, ebneler at enlay, ". ",eenlion or ParlmMip The designation Grantor and Grantee a, used herein shall include said es, their heirs, successor,, and assigns, and shall include singular, plural, masculine, feminine or neuter as required bylpntext. WITNESSETH, that the Grantor, for a valuable consideration paid by thgn—tee, the receipt of which is hereby acknowledged, boa and by these presents does grant, bargain, sell and cone to the Grantee in fee simple, all that certain lot or parvet of land situated in the 03" Community of Salvo-.. YJ,-Kinnakeet - - -- Township, -- - - -Dare - - - County. North Carolina and more particularly describe (I follows: As met forth on the attached description captioned 'IS e v Property" which is incorporated herein by reference. 16 0 �l RECEIVED JUN 17 2020 a. C'. 4, A" ram tb 3 t19m. Wray g1911 DCM--MHD CITY ,+i n,nM..x.a a,un..xcY,vt as, Book 1477 Page 298 ° ��II�I�N�lIIN1 re�eoi 4 dean �o INH�N�II� The property h rel described was acquired by Grantor by Instrument recorded In A map showing the abovt-ggaeribed property la recorded to Plat Boot CCeabbinee A pan _ ,,, 23y1,,,,,.__.. TO HAVE AND TO HOLDC )lhe aforesaid lot or parcel of )and and all privileges laud appurtenance'theresto belonging W the Grantee In fee simple. 0 And the Grantor wvensnto w the Grantee, that Grantor is seized of the premises in fee simple, has the right to Convey the same in fee simple, that ti marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawfu eJplme of all persons whomsoever except for the exceptions hereinafter stated. Title to the property bereinabove tribed A subject to the fallowing exceptions: All Ad exceptions of record. valorem taxes for the current year which shall be pro rated to date of closing. �O VAN V-\" manor. We Gy= Nr hn...1. .11fdlr nma sale all, r If rpenu 0. sure YDi Inners. W. to ea d 1. U W ady auanh.d 11e1e n area 14 real W al��a/ylvnre an." y reWOrIV er ar anus NgqDln/e4n. W. 1. rve ]eu runs 4. r.iMITP.II PARTNRRSHIP ` ti1.._f .P.l_ _1 A 4, _ _lAn.e4q (corpe,an sew SEAL-,tiTA'eP NORSN [AROLdA,-CWO{r. 1, t Naluy "U'r Y W. Co.." sae mu adarenld. awry deal sfl.......... .... __._—.—.....__. pe ....11y ems Maw.. We dV W askaawNated Wei _ h. Is. Masseur, y _ __ .______________ M _ a Na CYYW` wgr4Nq.na Wee b ,a." adds 'W.. sad .. W. art or W. ewpsrano., lW 1 ..se se lewasamt wn .larl d4 W sow by ae-------------- pr<nlden6 ,seize Md W 14 rorwn4 .nl ..e .4atN er ........... be aw --- LJf-�..... .... ........... aaeleWr. Wltneu n) a.ed e.v stra4l .4nr o[ aced, N4 ....day st ...... .... 0........ 1/......... pV romm4nan raplrn: __.. __. The [.meld' Ceres 1, '"(l .1 YAM re.etled be W endst This Nei pye alrei. Nelda rabus an duty right rsd at We dal sal tIM and In the Made aN rya mews .e Ye red .......... ._cou1 q...................................................................eeruVya.a4Wal-MCNYr RECEIVED HG4r sum. E—No.I C 1916, Ref. LN i.... n...�are..... r.. n.. s....x<nm. JUN 17 2020 Book 190M "ft CITY IMMIINNINANII1 v r:..a STATE OF NORTH CAROLINA O Acknowledgement for COUNTY OF MECKLENBURG Pipkin I Limited Partnership ' On this R—f� day of'� 4 2003, personally came be1$g me Anne P. Benson who, being by me duly sworn, says that she l he vice President of Promethus Partners, Inc,, a North CarolinaO Corporation, and that the seal affixed to the foregoin4)North Carolina General Warranty Deed to Wind Over Waves, LLCXj s the corporate seal of this corporation, and that this deed war,rsigned and sealed by her on behalf of this corporation by(Authority duly given and Scott Benson, Secretary acknowledged the foregoing instrument to be the act and deed of this corporation a�,Ing in its capacity as the General Partner of Pipkin I Limited %rtnership, a North Carolina limited partnership, as an ac the limited partnership duly authorized by it done iehe name of Pipkin I Limited Partnership. Y' �d ps uraru„�` NOCaY �PIlb11C dF +� :+ 8, My commneygion expires: t/ ,( 00 <11 NORTH CAROLINA DARECOUNTY ,, `,__ 11LL __ , The feregoigg certitcate(s) Qf _ wow � : F-0 � 1 8 certified to be correct. This hrsfi utneni and tbis certificate are duly Mitered at the date and time and in the Book and Page shown on the first page hereof. Barbery M. ^ra Register of Deeds for Dare County, NC 9y (AOtjUc� istant Register of Deeds RECEIVED JUN 17 2020 DCM-MHD CITY Book 1477 Page 298b IN�IIWII�NHpl�l���4 W 4,«.� SALVO PROPERTY YO TRACT I CVAI le, 0 Tract I is all of that real estate near the community of %Vvo shown on the map captioned "Plat of Survey for Pringle Pipkin and John B. Pipkin, II, dated June 1, 1979;(revised September 25, 1979, and December 3, 1979" by Inters'�—Pe Engineering Surveying, recorded Dare County Registry, P aX Cabinet A, Slide 231, lying west of Highway N.C. 12 and east of the east shoreline of Pamlico Sound, less and except thoas previous conveyances of portions of this Tract I from �Tntors to Grantee by a deed dated April 25, 2001, and records�in Book 1372, page 165, Dare County Registry (Wind Over Wawa Phase I) and by a deed dated July 19, 2002, and recorded BCRk 1442,page 333, Dare County Registry (Wind Over Waves Phe II). TRACT II 0t� Tract II is all of that re estate shown on the map captioned "Plat of Survey of P.G. vl�arrow Tract for Ashmead P. Pipkin and John B. Pipkin, II, dated June 4, 1981" by Interstate Engineering 6 Surveying, rec9cded Dare County Registry Plat Cabinet B, Slide 52, lyinClg(Tsst of Highway N.C. 12 and west of the U.S. National Par VVk Service land. C�, i RECEIVED JUN 17 2020 DCM-MHD CITY Book 1477 Page 298C AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Property Legal Description: DEED BOOK: 1477 PAGE NO: 0298 PARCEL ID: 064716932366 STREET ADRESS: 26212 Otter Way, Salvo, NC 27972. Please Print: Property Owner: Richard Fertig. Property Owner: The undersigned property owners of the above noted property, so hereby authorize Doug Dorman of Atlantic Environmental Consultants, LLC to, (Contractor/Agent) (Name of consulting firm) 1. Act on my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (Dare County, North Carolina Department of Environmental Quality, U.S. Arty Corps of Engineers, etc.) for the purpose of obtaining permits and/or certifications. Property Owners Address (if different than property above): Property Owners Telephone Number: 917-334 7911 We hereby card at above information submitted in this application is true and acc to best ur knowledge. Date: and Title Authorized Signature and Title RECEIVED JUN 17 2020 DCM-MHD CITY BenMr-t! Received, APPLICATION for i Molor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Iniormadon — Business Name i Project Name (if applicable) Ferlig Project I Applicant i-. First Name MI Last Name i Richard Fertig i Applicant 2: First Name _ -- -- MI List Name --- i N adddlonal applican(3. Please attach an atldldahal pageia) with names listed. _------ Mailing Address - PC _ x------ IState Jksonil- 9796 VVY - - ZIP Country----_--- Phone No. FAX No. 53002 USA 117.334 - 7911 ext. �- Street Address (t dfiamns lrom above) Clty swe ZIP Email---- rertigrfgmail.com 2. Agent/Contractorinformadon Business Nam Atlantic Environmental Consultants, Lic Agent/ Contractor t, First Neme Mt Last Name Doug A. Dorman AgenVCont(actor2! First Name MI Last Name Mailing Address PO Box City -- State 3260 Ntly Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252-599-2603 exl 252. 281. 7707 am. FAX No. Contractor e 252 2e1 7707 --------- - - ..— --- ....-------..._. Slreal Address (ir different bore above) 1 Cily !stele ZIP ......_-.__ Emaii daiLcom Iit Dorm continues on back> RECEIVED JUN 17 2020 DCM-MHD CITY Form 0CM MP-1 (Page 2 of 4) Received APPLICATION for Major Developmerd Permit u A i 2. Project Location f/1ilYl,ti County (can be multiple) Slreel Address `� State Rd. a -{I Dare County 26212 Otter Way Zip Subdivision Name city Stale Wind Over Waves, Phase III Salvo NC 27972 - Phone No. Lot No.(s) Penalty attach awdlonal pogo with lief) 917 — 334 - 7911 ext. 19R, , a. In which NC river basin is the project localed9 b. Name of body olwater nearest to proposed project y Pamilico Sound c. Is the wafer body identified in (b) above, natural or malenade? d. Name the closest major water body to the proposed project site. ®Nalural ❑Manmade ❑UnknowT Pamlico Sound e. is proposed work within city limas or planning jurisdiction? L If applicable. Ilsl Ibe planning jurisdiction or city limit the proposed ®Yes ❑No work falls within Dare County 4. Site Deacdption a. Total length of shoreline on the tract (h.) b. Size of entire tract (sq.a.) 2,508 linear feet. 201.306sf It Size of Individual lot(Q d. Approximate elevation of tract above NHW (narmat high water) or NIA, I I NWL (normat wafer fowl) (ifinenylof sizes, please attach addifional page with a lisp 4 feet trig ❑NNW or ONWL a. vegetation on tract i Red Cedal (Juniperus virginiana). live oak (Quercus virginia), red bay (Persia borbonia, wax myrtle (Morelia cerifera), Black needlerush (Juncus romerlanus), Sall Meadow Cord9rass (Spartins patens), Common Reed ( Phragmites ausirahs), Groundsel tree (Bacchants halimifolla). L Man-made features and uses now on tract There are no man-made features on property. 9. Identify and describe the existing land uses adjiy0pt to the proposed project site, —^—�_—�— Single-family residential h. How does local government zone the (fact? r. It the proposed project Consistent with the applicable zoning? Single Family (Attach zoning compliance cerlirrcale. if applicable) ®Yes ONO ❑NA I 1. Is the proposed activity part of an urban waterfront redevelopment proposal? Oyes ®No k. Ham a professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes ONO ❑NA If yes, by whom? I Is the proposed project located in a National Registered Historic District or does n involve a ❑Yes ONO ❑NA National Register listed or eligible property? JI - <Form continues on next page> RECEIVED JUN 17 2020 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) Received APPLICATION for m (g Are there wetlands on the Me? (ii) Are there coastal wetlands on the ado? Major Development Permit Was ONO (ui) It yes to either (I) or (it) above, has a delineation been conducted? ®Yes ONO (Attach docrmrentation. if available) n. Describe existing wastewater treatment facilities. Central wastewater system. o. Describe existing drinking water supply source. Dare County public water supply iiOescibe existing storm water management or lreatmerd systems - Low density stornewaler permit issued 3127100. Permit 0 SW7080907 8. Activities and Impacts a. Will the project be for commercial, public, or private use? — OCommerciat OPublidGoveinment OPrivalerCommunhy b. Give a brief description of purpose, use. and daily operations of the project when complete The proposed wooden bridge will provide access to the proposed single family residence. Pier will provide access to Midgett Cove for small boat access. The walkway and pier will extend to Wx2V gazebo in the Pamlico Sound. c. Describe the proposed eomfruction methodology. types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The proposed bridge, piers, elevated walkays and house will be constructed on pilings. Temporary wood malls will be used to cross wetlands during construction of the residence and bridge. equipment to be used includes excavators, backhoe. dump trucks and small coanlnrction equipment. d. List all development activdies you propose. Single family residence with dock, pier and gazebo. e. Are the proposed activities mce aintenanof an existing project, newnt we, or both? Now I. What is the approximate total disturbed land area resulting from Me proposed project? 21,905 OSq.Ft or OAcres i g. Will the proposed project encroach on any public easement. public accessway or other area 23Yes ®No DNA —� that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the slate. —I surface nmog. t. Will wastewater or slunmvaler be dscharged into a wetland? ❑Yes ONO ONA It yes. wil this discharged water be of the same salinity as the receiving water? []Yes ONO ONA —__________.____- _—____._._—�___________ r j, le there any h mitigation iigproposed? --- — OYas ®No ONA If yes. attach a mitigation proposal. <Form continues on back> RECEIVED JUN 17 2020 DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) Received APPLICATION for Major Development Permit B. Additional information In addition to this completed appkceliorl tom#. (MID -Ill the following items beb#v, if applicable, most be submitted in order for d#e sppaaabon package to be compk#lo. ltoms (a) — (r) ere abvays applicable fo eery major dowkpa#enl application. Please consult the applkabon instruction booklet on how to prmady prepare the required Rams below. a. A project narrative. —J b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scats. Please give the present status of the proposed project. Is any portion already complete? If previously authorized 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 guile agency personnel unfamiliar with the area to Oro site. d. A copy of the deed (wilb slate 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 (o DENR. I. A list of the names and complele addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified 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 Wind Over Wave. LLC Phone No. Address 3075 Marine Drive. Greenville, NC 27834 Name __.._._.._..._...._.-__ Phone No. Address Name Phone No. Address g. A list of previous stale or federal permits Issued for work on the project bad. Include psrmit numbers, penriaee, and issuing deal. SW-7060209 issued 9126105 SW-70SM07 issued 3127109 h. Signed consultant or agent authorization form, if applicable.-�---� _ _- i. Wetland delineation, if necessary. 1. A signed AEC hazard notice for projects in oceanfront end inlet areas. ~(Must be signed by pmpory inwwr) ---.._ k. A statement of compliance with the N.C. Environmental Pokey Act (N.C.G-S. 113A 1-10). 4 necessaryIf the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. 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 die 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. Dale 5121120 Print Name Doug Dorman Signature Please indicate application attadlments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information 0DCM MP-5 Bridges and Culverts RDCM MP-3 Upland Development ®OCM MP-4 Structures Information RECEIVED JUN 17 2020 DCM-MHD CITY 0 5 m m 0 m m v l3l= CROSS 1 SIDE VIEW Ilm END VIEW PROPOSED GAZEBO DETAIL N.T.S. RIP -RAP BREAKWATER .1 1 SHEET 4 OF 4 PROJECT DETAILS RICHARD LOT 19 WIND OVER SALVO — DARE COUNTY NTS 0' NTS GRAPHIC SCALE 1"a NTS FERTIG WAVES PHASE III — NORTH CAROLINA 417Z 4NrlC ENV/RONM£NTAL CONSULTANTS, LLC P.O. BOX Mff,, K1TTY MAKIK, N.C. 2790 (2S2)261-7707, e-mail dowdoec®gmollcom FILE: 20-FERTIG DRAWN BY: DAD AL PROPOSED BREAKWATER SECEPN - i -•., - 86' WITH 6 OPENIW_ r / A\ I AL _ iy­ JIL �✓ F— , .__� ....... LOT; 19 / TOTAL ARE.A1 201368 S.F. AIL PROBOSEO_5TAIRS _/ �_. = UPLAND AK4a: Si511 SPIt�#/ ii- I/E7UArD 162,857 S.F. _ AL J / AL J / r---'----PROP09E6 RIP=RA '-._' - JL / - i JI` AL AAkL AL IrEizAAw 1):�� 311E _-_ AL % 11 0 'y % 1 L AL O I 1AL \ - 4 gnu, uf,.0 it 1 - i r( �114 j♦ :IL AL iriLG AL �♦Y :PROPOSED i \\\ , ' HOUSE AL 2.0' Y —1.0' % / V PROPOS R ED K -'". ETAININ F......__,, ... _ •,., ,�... 0 WAIL _'./ /......... 3Vc �...__.' Y, I "• PROPSED SMALL BOAT A` 1 /Er lET .SI(i--DOCIE- ' (8. X 50.) a0' x , i 15 314� LOT 16 -' -, 2 `` ' t- LOT 17 TWO SUPS WITH THREE J 1 ' , WM OVER )FAV ES, LLC -5.0% t!, LSGSND PROPOSED BRIDGE y - PROPOSED ROCK RIP -RAP --- NY '' - 72X70 N09f PROPOSED CONCRETE F.- ` � 4\�- �J _ �'� 1 � �;�,�,•�,' -PROPOSED /57 STONE AL - PROPOSED 404 WETLAND FILL (1,325 SF) -! •—J] �- {{ , - 30' DCM BUFFER LINE 3htLOT 1 B /• n'-------- - 75' AEC LINE !- .\, AL^*•vy-` JW. ` % NIF-•---•-•- - 404 WETLAND LINE $,, ' - • • - - - COASTAL WETLAND LINE (VERIFIED BY NCDCM 4/17/20) r' AL \ /� RICHARD FERTIG _..._.._._ _ EXISTING SHORELINE (NWL) % I.3' - EXISTING WATER DEPTHS ._ / UPLA)ImIS ii NOS 1. SURVEY INFORMATION PROVIDED BY SEABOARD SURVEYING do PUNNING DATED e/5/19. AIL, 2 TER DISCHARGE WILL BE CENTRALWASEWATER SYSTEM LOCATED BY a -- D IN WIND OVER WAVES SUBDPASION. / ALI SHEET 2 OF 4 _— / • •' r CAMA MAJOR SITE PLAN RECEIVED RICHARD FERTIG JUN172020 LOT 19 — WIND OVER WAVES SUBDIVISION PHASE III SALVO — DARE COUNTY — NORTH CAROLINA DCM-MHD CITY 25 ° 50,OD' ATLUNT/C TANTS, LLC GRAPHIC SCALE 1'=50' P.&. BOX 3166, K/TTY H,4Mr,, N.C. 27949 �2,%X1-7707, a-mai/ doagdaecO i/.com ma DATE: 4/20/20 REVISED: 5/21 FILE: FERTIG CAMA DRAWN BY: DAD -0 N I%% I x AL -1.6, x \ 0 1 ` /� jikL PROPOSED WICTIAKWA]SR SEN I { r 8 TH 6 OPENN Ni�—G TOTAL ARE.A,1I1.''201,SBB S.F. f / / AL RWOS�$TAIR ��I UPLAND Arc4A: 56,511 S.F. G '/ WETL40 ARREEAA: 162,857 S.F. w / J AL JAIL AL AL 1 0 Deli AL A4 AL x AL AIL �__� � *L I � jikL q' 0 i I r r r r r AL A r �i '-' I►e1z9Nn ) r r r r I ! ,' ------ ...... /7) J —CREEK— AIL I ; 'PROPOSED •: P i i' `♦` HOUSE ALAL AL AL \ AIL / &0' x -1.0' x ,' PROPOSED RETAININ i ( r; � WALL AL PROPSED SMALL BOAT JIL. '1 .ec-JET .sK�OOCI�' 9 „ I -2.0, x :r r r r i 2 )^ FORCE MAN LOT 16 0 SUPS WITH EE I OVER AVES, LL I ,TIEPIUNGS:� -3.0 x 1 LEGEND PROPOSED BRIDGE - PROPOSED ROCK RIP -RAP 12'X70' 4 17 20 l - PROPOSED CONCRETE AL `•...�/ I rl j �:•:•:•:•:�. - PROPOSED /57 STONE AL AL PROPOSED 404 WETLAND FILL (1.325 SF) r ' a ± LOT 18 - - - 30' DCM BUFFER LINE j - 75' AEC LINE iJ ice.. .+' i' \♦ � jllL \ 11T/F-�-�-�-�- - 404 WETLAND L1NE ! - - - - COASTAL WETLAND LINE (VERIFIED BY NCDCM 4/17/20) �. RICHARD FERTIG _... _... _ _ E)OSTING SHORELINE (NWL) �' 1V� / I j _LQ• - EXISTING WATER DEPTHS � � I UPLANDS tlOgS: 1. SURVEY INFORMATION PROVIDED BY SEABOARD `'`♦ ' P OPOSED FORCE MAIN SURVEYING k PLANNING DATED 8/5/19. 2. WASEWATER DISCHARGE WILL BE TREATED BY \.,♦ AL CENTRAL WASEWATER SYSTEM LOCATED IN AL \ I I WIND OVER WAVES SUBDIVISION. / ILiAL ,♦ \ ,"1 \ � .;:. "... : ' it SHEET 2 OF 5 '-' •,`.v` <.: CAMA MAJOR SITE PLAN RICHARD FERTIG LOT 19 - WIND OVER WAVES SUBDIVISION PHASE III SALVO - DARE COUNTY - NORTH CAROLINA 25 ° 50'°D 150 ATLANTIC ENS/IlONMENTAL CONSULTANTS, LLC GRAPHIC SCALE r'= 50• P.& 90X Z&f,, K/TTY H,4WX N.C. 279,K9 (25?)161-7707, a-moi/ dougdoec®gmo/%com DATE: 4/20/20 REVISED: 5/21/20, 7/27/20 FILE: FERTIG CAMA DRAWN BY: DAD ` / `` A i PFROP05ED BR�AKWATER SE N � 8 WITH 6 OPE NG % AL AL J TOTAL AREA' "201,568 S.F.; q,/ AYE PRBOS�$TAIR� I UPLAND A/c4A: 98,511 S.F. Vcl� / WETLAND Aq/tLPpA: 162,857 S.F. AAL AL IIAL AL X AL 1- --- i AlL AL AL WETLANDS 0-1- / AL /L / ' ALJI � 15; o ALL -. Il• _ -- �j AL ,IVY A / � f r F�Y� AIL I l' ; 'PROPOSED HOUSE `';?,.!!.'. AkAL AL �✓ -1.0' X \ PROPOSED RETAININ AL AYE - i O WALL _ � PROPSED SMALL BOAT A`- ,&—&T.S"OCK� I -2.0' X FORCE MAIN I LOT 16 �T I TWO SUPS WITH THREE,:RE IUN9S' r—� J / n[NUR VEST LL I �' / 1 I / (LEGEND PROPOSED BRIDGE - PROPOSED Roca RIP -RAP �' ��� I-Z➢V6' NR�iY� 12'X70' PROPOSED CONCRETEAL I PROPOSED /57 STONE I \ AL AYE � 4 PROPOSED 404 WETLAND FILL (1,325 SF) �J l', 1II���J �� i LOT 18 I — 30 DCM BUFFER LINE 75' AEC LINE AYc....+ :1Yt l iP IF --------- _ 404 WETLAND TINE MLTLANDS .. .. — COASTAL WETLAND LINE (VERIFIED BY NCDCM 4/17/20) RICHARD FERTIG . —• _... _... _... _ — E10STING SHORELINE (NW_) = _Le' — EXISTING WATER DEPTHS UPLANDS ' / NOTES, \, 1. SURVEY INFORMATION PROVIDED BY SEABOARD P OPOSED FORCE MAIN SURVEYING k PLANNING DATED 3/5/19. 2. WASEWATER DISCHARGE WILL BE TREATED BY CENTRAL WASEWATER SYSTEM LOCATED IN •� `�'\, v I WIND OVER WAVES SUBDIVISION. AL AL AL .:•/ SHEET 2 OF 5 •...,, r �- ,--� .r`. "'.: r �:.'; CAMA MAJOR SITE PLAN RICHARD FERTIG LOT 19 — WIND OVER WAVES SUBDIVISION PHASE III SALVO — DARE COUNTY — NORTH CAROLINA 25' °' S°' '°°• 150 WUNT/C ENS/RONMENTAL CONSULTANTS, LLC GRAPHIC SCALE ,••= so' P.� BOX 3166, K/TTY H,4/f�K, N.C. 217Rgg �252�261-7707, a-moi/ dougdoec®gmoi/.com DATE: 4/20/20 REVISED: 5/21/20, 7/27/20 FILE: FERTIG CAMA DRAWN BY: DAD RIP -RAP CROSS SECTION SCALE NTS SIDE VIEW END VIEW PROPOSED GAZEBO DETAIL N.T.S. RIP -RAP BREAKWATER CROSS SECTION SCALE: NTS PROJECT DETAILS RICHARD FERTIG LOT 19 WIND OVER WAVES PHASE III SALVO — DARE COUNTY — NORTH CAROLINA NTS 0. NTS GRAPHIC SCALE 1"=NTS DATE: 5/4/20 REVISED: 5/21 /20, 7/27/20 SHEET 4 OF 5 ATLANTIC ENV/RON#SNTAL CONSULTANTS, ZZC P.O. 90W J266, KITTY Hs1iYK, N.C. 27949 (252)261-7707, e-moil dougdoec®gmoil. com FILE: 20-FERTIG DRAWN BY: DAD RIP -RAP CROSS SECTION SCALE: NTS SIDE VIEW END VIEW PROPOSED GAZEBO DETAIL N.T.S. RIP -RAP BREAKWATER CROSS SECTION SCALE: NTS PROJECT DETAILS RICHARD FERTIG LOT 19 WIND OVER WAVES PHASE III SALVO — DARE COUNTY — NORTH CAROLINA NTS 0l NTS GRAPHIC SCALE 1 NTS DATE: 5/4/20 REVISED: 5/21/20, 7/27/20 SHEET 4 OF 5 ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. BOX J266, KITTY IMAM,N.C. 27949 (252)261-7707, e-moil dougdoec®gmoilcom FILE: 20-FERTIG DRAWN BY: DAD EUSTNG (: K U J 11V li ll L'; l'A1 L FLUIDS SHALL BE DISCHARGED OR RELEASED INTO NATURAL DRAINAGE FEATURES OR FORCE MAIN & WATER/WETLAND CROSSING DETAIL CONTSTORRACTOR COLLESKALL C E ELEMENTS. ALL DRILLING THE CONTRACTOR AFTER SHALL CLEAN C ALL COMPLETE. FLUIDS AFTER THE WORK IS COMPLETE N.T.S. PERMITTING PURPOSES ONLY. NOT FOR CONSTRUCTION PROJECT DETAILS RICHARD FERTIG LOT 19 WIND OVER WAVES PHASE III SALVO — DARE COUNTY — NORTH CAROLINA NTS 0, NTS GRAPHIC SCALE 1"= NTS DATE: 7/27/20 REVISED: SHEET 5 OF 5 ATLANTIC ENV/RONMENTAL CONSULTANTS, LLC P.O. BOX 3266, KITTY HAWK, N. C. 27949 (252)261-7707, e-moil dougda6C®g177i711C0177 FILE: 20-FERTIG DRAWN BY: DAD RIP -RAP CROSS SECTION SCALE. NTS SIDE VIEW END VIEW PROPOSED GAZEBO DETAIL N.T.S. RIP -RAP BREAKWATER CROSS SECTION SCALE: NTS PROJECT DETAILS RICHARD FERTIG LOT 19 WIND OVER WAVES PHASE III SALVO - DARE COUNTY - NORTH CAROLINA NTS O' NTS GRAPHIC SCALE 1"=NTS DATE: 5/4/20 REVISED: 5/21/20, 7/27/20 SHEET 4 OF 5 ATG4NT/C ENV/RON#SNTAL CONSULTANTS, LLC P.O. 90AV 3266, K/TTY 114WK, N.C. 27949 (252)261-7707, e-moil dougdoecOgmollcom FILE:20-FERTIG DRAWN BY: DAD MUM- VICtNIITY MAP xTs ,_..+ .RRGPO-SED--PIER & 'GAZEBO' LOCAT10N _ r r -_ -- ,- n-100' -PIER- &-20`(20' -GAZEBfl SAP,__, r .— .—' •-0,d.AF r r r-...-., r-!AK 1,---� ^d6• f i / n r �- .- r ,-- , _ _ a .... ....... .__, :-__. ,..� .__: +--� ..-� :. a : n-- •- . _- ---.- a LOT 19 a UPLdNO 611 s � AREA. 1 I67ZAAD •/RSA. 1 SIP `\ � r� ���-+ � ,.PO'r-I•. �7.O...Z' :-• '--' �J r r ,-.•r x �. WOP'0SED' BREAKWA-TER-SEClT0NZ:: � �' �, � �' - ,--. ,-. r .-J ,-. ..-.. r ISfi�ImtY_� V/� a •--- r ._ n._ ;_.. .. ....� ,__., � _.„ ,— ,._ •�, y _ 151o"0 EU,0-fir FWAAWS EiA1NINOG WALL/ •--' t- , I a a -Go;ll__ W, •sq° ^_. : _ ,,, , _ ,_� __, _ is -' '', �-' 1. SURVEY INFORMATION PROVIDED BY SEABOARD � SURVEYING do PLANNING DATED 8/5/19. •--''r r '- 2. WASEWATER DISCHARGE WILL BE TREATED BY r..Rd-SRAL.Ad� =.' '` a KI uvC I CENTRAL WASEWATER SYSTEM LOCATED IN _ _ WIND OVER WAVES SUBDIVISION. J r •--� r .--+ r r—• r— r r • ,_'TWbP'$"WI7__fi P 71E TGS PROPOSED BRIDGE 12 X70 - -' lair LED' If laf !E i '.. • - +—' 11= DIM [mom LIC ,..J 1/ RIF FMff UM LW 4-) LEGEND �1s:>C'• . - PROPOSED ROCK RIP - ,--' r •--+ �♦ +• s A_'a -RAP r ` PROPOSED CONCRETE r- �♦ } c1 - PROPOSED #57 STONE .--• ..'7 - PROPOSED 404 WETLAND FILL ,� (1.325 SF) ♦T' - ---- - 30' DOM BUFFER LINE n i\ \ '♦:"� - 75 AEC LINE _ �j y♦♦ _ 404 WETLAND LINE r- 'd oo•'o\ _.-..___.._ _ COASTAL WETLAND LINE (VERIFIED BY NCDCM 4/17/20) �� ♦♦♦ ♦♦♦ - EMS71NG SHORELINE (NWL) w� ♦♦ \``` - EI0511NG WATER DEPTHS - ♦♦ �� SHEET 1 OF 4 CAMA MAJOR SITE PLAN RECEIVED RICHARD FERTIG JUN 172020 LOT 19 — WIND OVER WAVES SUBDIVISION PHASE III DCM-MHD CITY SALVO — DARE COUNTY — NORTH CAROLINA 100' 200' 300' GRAPHIC SCALE 1"= 100' DATE: 4/20/20 REVISED: ATLANT/C £Nl1/RONM£NTAL CONSULTANTS, ZZC P.O. 90.Y XM,, K/TTY HAWK, N. C. 2790 (252)261-7707, a-moi/ dougdaec#gmoi/.COED FILE: FERTIG CAMA DRAWN BY: DAD