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.
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Minor Mod Renewal Transfer
Messaite
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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®
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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
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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.
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I wmAiiil, IOng iI using"PFU
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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
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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
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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
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IV
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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
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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"
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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
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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
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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
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PROJECT DETAILS
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*'*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
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8 WITH 6 OPEN NG �
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xJ TOTAL AREA �1"201,38E S.F./ d4
P�OS�TAIR� ��J/ I UPLAND Arc1P1: 38,511 S.F. "�/
ME%4 AR�EEAA: 162,857 S.F.
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(6' K 50')
1 `
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—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
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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
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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.
NOT FOR CONSTRUCTION
SHEET 5 OF 5
PROJECT DETAILS
RICHARD FERTIG
LOT 19 WIND OVER WAVES PHASE III
SALVO - DARE COUNTY - NORTH CAROLINA
NTS 0' NTS ATLANTIC ENl1/RONMENTAL CONSULTANTS, LLC
GRAPHIC SCALE 1"=NTS P.O. BO.Y 3266, KITTY 114WK, N.C. 27949
(252)161-7707, e-moil dougdoec®gmoil. com
DATE: 7/27/20 REVISED: FILE: 20-FERTIG DRAWN BY: DAD
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POP SECTION NIHD
END VIEW
PROPOSED GAZEBO DETAIL
N.T.S.
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
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f i / n r �- .- r ,-- , _ _
a
.... ....... .__, :-__. ,..� .__: +--� ..-�
:.
a : n-- •- . _- ---.-
a LOT 19
a
UPLdNO 611 s
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�-' 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
- -'
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LED' If
laf !E
i
'..
• - +—'
11= DIM [mom LIC
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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