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HomeMy WebLinkAbout107-20 Gagne, DawnPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V erm it for Permit Number 107-20 1 Eecel , JAN 15 ®CM'MHL) CITY X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Dawn Gagne, 2181 Pike Rd., Corolla, NC 27927 Authorizing development in Currituck County at adi. to a man-made canal leading to Knotts Is. Bay, at 2182 Pike Rd., in Corolla , as requested in the permittee's application dated 6/3/20, including attached workplan drawings (3), Site Plan 1 of 3 dated 7/26/20 and Site Plan 2-3 of 3 both dated 6/15/20. This permit, issued on November 12, 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 .n L LUbU tcruls uray oe suoJect to tines, imprisonment or ctvu action; or may cause me permit to De nun ana voic. Excavation 1) No excavation shall take place outside of the area indicated on the workplan drawings. 2) Excavation shall not exceed -4.5 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. (See attached sheets for Additional Conditions) This permit action may be appealed by the pernittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. lli�l/ Y I � 1 PV►�l't Signature of Pennittee Dawn Gagne ADDITIONAL CONDITIONS Permit No. 107-20 Page 2 of 4 5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Spoil Disposal 6) No spoil material shall be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead, once properly dried. 7) All excavated materials shall be confined above normal high water and landward of.regularly.or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 8) Spoil from the authorized dredge footprint shall be dewatered before use as backfill. All remaining backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 9) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Shoreline Stabilization - Bulkhead 11) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 12) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 13) The alignment of the authorized bulkhead 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. Uawn Gagne Permit No. 107-20 Page 3 of 4 ADDITIONAL CONDITIONS 14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 15) The bulkhead shall be constructed prior to any backfilling activities. 16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 17) The fill material shall be clean and free of any pollutants except in trace quantities. 18) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 19) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 21) 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. 22) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. USACE Conditions 23) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at his://www.fws.gov/raleigh/ndfs/ManateeGuidelines20l7.pdf. General 24) 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. 25) 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 26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. RECEIVED ,IAN 15 2021 Dawn Gagne ADDITIONAL CONDITIONS Permit No. 107-20 Page 4 of 4 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-2020-01130). 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. 2020-0853, issued 11/12/20. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: An Type: (Check all that apply) New `+ Major Mod ___ Permit# Permit Coordinator: Field Representative: Date Time (� I a60030 WRC Ai k rtgw:l- to wiea- L Minor Mod Renewal ____ Transfer Message TIC Word u, 5t4., 12 Dv4F �� 4W �k .40 A Wec S/3 91-pe 8/3 /� ,,/(t Dog, I`Z u54lc DCM Coordinator: �OV, Permit #: (c7-1'Lc7 MAILING DISTRIBUTION SHEET Permittee: fit^ /,g, J/i3( ?16 9,f GD/ (9 AC *Z7927 Agents: Moo /v4 ne Qpr o [ L (R Qt�e /. 4907 DCM Field Offices c, Elizabeth City Qc{x E/% Washington (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 (Bettie, 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 Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger - 401 Clif Whitfield (WARD) Jimmy Harrison Roger Thorpe-Stormwater 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 LPO: ;/ 6,rvt1 Ac 61. (NCDOT) Travis Wilson IN M►1 APPLICATION for Received Major Dovolopmont Permit JUN 5- 2020 (last revised 12/27106) North Carolina DIVPION'OTC(5ASTAL MANAGEMENT 1. Pr/maryApplicant/Landowner Information Business Name Project Name (N applicable) Applicant 1: First Name Dawn MI M Last Name Gagne Applicant 2: First Name MI Last Name It additional applicants, please attach an additional pages) with names listed. Mailing Address 2181 Pike Road PO Box City Corolla e [NC ZIP 27927 Country us Phone No. 252.457.5137 ext. FAX No. Street Address (tl ddlerant hom above) 2182 Pike Road City Corolla State NC ZIP 27927- Email dewnmariegagne27@gmail.00m 2. Agent/Contractor Information Business Name Beach Bulkheads Agent/ Contractor 1: First Name Santos MI Last Name Elmy Agent/ Contractor 2: First Name MI Last Name Mailing Address 106 Pinecone Ct. PO Box City Grandy State NC ZIP 27939 Phone No. 1 252.207 - 6926 ext. Phone No. 2 ext. FAX No. Contractor t Street Address (if different from above) City State ZIP Email <Form continues on back> RECEIVED 252.808-2808 .. I ..OAST .. www.nccoastalmanagement.n DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) Received APPLICATION for Major Development Permit )lll� J- LiJ 3. Project Location County (can be multiple) Street Address State Rd. a Currituck 2182 Pike Road NC Subdivision Name City State Zip Carova Beach Corolla NC 27927 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 457 - 5137 ext. 18. 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Canal to Knotts Island Bay 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 Currituck Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning Jurisdiction or city limit the proposed ®Yes ❑No work falls within. Currituck County 4. Site Description a. Total length of shoreline on the tract (h.) b. Sae of entire tract (sq.h.) 180 17675 c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or (17675), NWL (normal water leveo (If many lot sizes, please attach additional page with a list) ❑NHW or ®NWL a. Vegetation on tract pine, oak, coastal wetlands, B 404 wetlands f. Man-made features and uses now on tract none g. Identity and describe the existing land uses adjacent to the proposed project site. single family dwellings h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, If applicable) ❑Yea []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> RECEIVED JUN 2 5 2020 252.808.2808 :: t-8ee.4RCOAST :: www.nccoastaimanasement.not iD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Received Major Development Permit m. (1) Are there wetlands on the site? ®Yes ❑No (II) Are there coastal wetlands on the site? DCM-E C ®Yes [IN, (Ill) If yes to either (1) or (II) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovernment ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Dredge canal for boating access Bulkhead property to cease errosion c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where B is to be stored. Construct bulkhead using backhoe/bobcat (one each) brought in by contractor d. List all development activities you propose. Dredging, Bulkhead e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? 21600 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use o% h. Describe location and type of existing and proposed discharges to waters of the state. N/A I. Will wastewater or stonnwater be discharged Into a wetland? ❑Yes ®No ❑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 ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED n Inl 4) 5 7020 252.808.2608 :: t-888.4RCOAST :: www. nccoasta l management. net DCM-MHD CITY Received Form DCM MP-1 (Page 4 of 4) APPLICATION for .Ij�ii 5' Lf) Major Development Permit DMEC 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (g are always applicable to any major development application. Please consult the application instruction booklet on Crow to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scab. 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 James 8 Susan Knox Phone No. 757.821-4138 Address 2184 Pike Road, Corolla, NC 27927 Name Jay Laughmlller Phone No. 252-267-1949 Address 2181 Pike Road, Corolla, NC 27927 Name Phone No. Address g. A Bat of previous state or federal permits issued for work on the proJecl erect. Include perrNl numbers, pe... and Issuing dates. WA h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Must be signed byproperly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application Is truthful to the best of my knowledge. Date (P / n/ ao Print Name _2I x ) Signature (G .4 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED JUN 2 5 2020 252.808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.nebCM-MHD CITY Received Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental Information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWLI stabilization Length 180 Width 40 AAvvgp. Existing 2.9 NA NA De Final Project 4.5 NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL In cubic yards. 427 a (1) Does the area to be excavated include coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW ❑SAV ❑SB OWL ❑None (t) Describe the purpose of the excavation in these areas: Dredge to center of canal for boating access excavated. sand ❑This section not applicable d. High -ground excavation in cubic yards. N/A 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. on Project Site 40' x 40' c. (i) Do you claim tale to disposal area? ®Yes ONO ❑NA (II) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None III) Describe the purpose of disposal In these areas: d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA (it) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ®No ❑NA (II) If yes, how much water area is affected? RECEIVED JUN 2 5 2020 252-808.2808 :: 1.888.4RCOAST :: www.nccoastal_ - DM- Pry Form DCM MP-2 (Excavation anti Fill, Page 2 of 2) 3. SHORELINE STABILIZATION El This secWn not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW of NW<) 5' Width: 1' d. Maximum distance waterward of NHW or NV9). 25' e. Type of stabilization material: f. wood g. Number of square feet of fill to be placed below water level. h. Bulkhead backfill 20 Riprap _ Breakwater/Sill _ Other I. Source of fill material. upland (i) Has there been shoreline erosion during preceding 12 months? Was ❑No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. at least 1.5' from boat traffic Type of fill material. BMW DCM-EC 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? Dyes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (11) Amount of material to be placed in the water (Ili) Dimensions of flit area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? sift fencing (finished Bulkhead) c. (I) Will navigational aids be required as a result of the project? ❑Yes []No ®NA (ii) If yes, explain what type and how they will be implemented. (�3fao Date 2 IS 2.- Dr -edge_ I C)LA khlood Project Name suorrrergen aquerw vegnruuun toner, *JlUiJ wuvni tQor, vi other wetlands (WQ? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ OWL ❑None (it) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? long reach d. (1) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name v �n U Ap litant Signature (J RECEIVED JUN 2 5 2020 252-808-2808 :: 1.888-4RCOAST :: www,neeoasta(management,net revised: 12126/06 DCM-MHD CITY k.ftox ' I .a - +� 4�Y1 ••t�fb+.++ . Q�p�ea Brlkl�ed% � ,rSM =1 ol C.,sn� t to r KvjO t - Ls 6�j &7 :.......... . W > o PxQ vat .e L 1.ti. l tec ) Z T v M c., i.......__.. . ek N N `A I -3s" -15' -4s" -Y.5' -u'' -ys' TSI:,.d.y eceivedr DCM-EC (^ miig- YY1Cl�oc- 21$2 R ICIL 2d. 5c1c Plan 5aQ-3 CD 0 CDC C (D n CD RECEIVED JUN 2 5 2D20 DCM-MHD CITY Application Review Checklist Letter A G � 7��7 a� R Placard Comment i Pub A ( Comment 7 Applicant I/Y�N:1M Computer I s �D—� / � t/ Deficiency Lettfe�r? �V//r{ Agent V lMt� �,I�� Field Rep. pobe, I �Z �� ' Physical Address � r AECs /� Habitat �O S� Development Ew cL Designations /C r�fiS�� BufferO-7s, Riparian Notification? Green Card? Signed Form? No Obj Wai a 15' 1 O� (,� 70 ✓ q� Fee Schedule,,j. L.Yt �/I I � IA,40111tr Raparian rights From Property line Navigation/ Channel Proximity FT2calculations PTA Concerns? Z(l� ✓ �c5 %% Water Deed? C7l Dependent I S Residential Commercial 8ft2or27ft' N/A C i5� Cana uVJ �tot- ti291,t(w1, PH or 1/ 1/4 width? ISSUES OF NOTE lC Y.4n k'' qCoo -''' a'it�t dw e..1, ti51 oa��4 mil, °f 251 �rl � 1(01( Z �t22 Z t� Cw fil( Permit Checklist Major Development Excavation/Fill Applicant Address 21�1 �i'K 12c�, (AI'9�IQ1 PIC 21g2 County Physical Location including Waterbodv, Descriotion bi MP Forms Dates Drawings # Drawings & Dates Development Types Including Conditions and Notes 1 t`CG�C Ilv� 5 / to — ` f5 l A(L-o L, u n 3 Choi 3 s q DWR 401 Certification # Permit Fee Permit # 1U 1 -7-0 M 1 P2 MP3 MP4 MPS (0 ] PICO 3 L 6,R UJ 11(rS(zo LOW USACE SAW # ZOW -p(l30 Additional Comments On Back 2 U `S144�- ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dlrccbr Dawn Gagne Dawnmariegagne27@gmail.com Dear Ms. Gagne, NORTH CAROLINA Environmental Quality September 1, 2020 This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to perform dredging within a man-made canal and construct a bulkhead at 2182 Pike Rd. in Carova Beach, in Currituck County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c) which would make November 15, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Elizabeth City Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator p Q-3 North Cardin Department of rmlronmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, September 1, 2020 3:21 PM To: Dawn Gagne Cc: Corbett, Robert W; Godfrey, Ella M Subject: Gagne CAMA Extension Attachments: Dawn Gagne EXT.pdf Afternoon Ms. Gagne, Please see above for the extension letter for your project. I am waiting on a few comments at this time. Once those comments are in I should be able to make a final decision shortly thereafter. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28M ext 2IS (office) Gr�gg.egdna�ncd n.�gov Email correspondence to and from this address is subject to the North CaroMo Public Records Low and may be disclosed to third parries. Bodnar, Gregg From: Dawn Gagne <dawnmariegagne27@gmail.com> Sent: Sunday, July 26, 2020 6:10 PM To: Bodnar, Gregg Subject: [External] Re: FW: Dawn Gagne CAMA Project Attachments: 2182-Gagne-Bulkhead.pdf achmenf Hello Mr. Bodnar, Please see the attached drawing. The drawing has been revised to show the proposed bulkhead with a 45 degree angle. Please review this revision and let me know if there is any other documentation or information you may need for the permit to be issued. Thank you! Dawn Gagne 252-457-5137 On Fri, Jul 24, 2020 at 1:34 PM Bodnar, Gregg <RreRg.bodnar@ncdenr.eov> wrote: Afternoon Ms. Gagne, Your DCM field rep has mentioned to me that you might rather be involved in correspondence concerning your CAMA project vs. your agent. So please see below for a summary of the request and attached above are the comments form WRC concerning the alignment of the bulkhead. The email below has all the pertinent info for next steps. Thanks, Gregg Q ;-.A- roc' W A E Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 ON 2608 eat 215 (Office) GreiuLBodIHr@nc4Cnr,.gqv EmaHcomspondence to andfrern this address h subject to the North Corof ho PubNc Records low and may be dhcfosed to third punks, From: Corbett, Robert W <Robert.Corbett@ncdenr.gov> Sent: Friday, July 24, 2020 1:30 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Dawn Gagne CAMA Project Greg you may also want to email this to Dawn Gange directly. I don't know how much involvement Santos has with the project. I mostly worked with Dawn herself to get the application complete. Robert W. Corbett Jr. Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 233 252-331-2951 (fax) robert.corbett(a ncdenr.gov 401 S. Griffin St.. Ste 300 Elizabeth City, NC 27909 NothiniQ Compares -_.. ***Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties.*** From: Bodnar, Gregg Sent: Friday, July 24, 2020 11:25 AM To: beach buIkheads0grinail.com Cc: Corbett, Robert W <Robert.Corbett@ncdenr.¢ov> Subject: Dawn Gagne CAMA Project Morning Mr. Santos, I wanted to pass along comments from WRC concerning the alignment of the bulkhead. In summary WRC is asking about the 90* corner. They are requesting the bulkhead make a 45' towards the existing bulkhead to reduce shallow bottom habitat loss. This alignment is typical of the area. Please review and if you have any questions please let me know. If workplans change you can email them directly to me, and please revise the date to keep them unique from the originals. Thanks, Gregg Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 ON 28W ext 215 (Office) GMK.Wnarencdenr.SQv Email correspondence to andharn this address is subject to the North Corolbra Public Records Low and may be dfsdosed to third portks. g ' • •�• �2 •�1 :... Sao G•. Ui; . two alm C_,I to �/ Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, July 24, 2020 1:34 PM To: dawnmariegagne27@gmaiI.corn Cc: Corbett, Robert W Subject: FW: Dawn Gagne CAMA Project Attachments: CMDF_Dawn Gagne_NCWRCA.pdf Afternoon Ms. Gagne, Your DCM field rep has mentioned to me that you might rather be involved in correspondence concerning your CAMA project vs. your agent. So please see below for a summary of the request and attached above are the comments form WRC concerning the alignment of the bulkhead. The email below has all the pertinent info for next steps. Thanks, Gregg Gregg Bodnar Assistant Major Permlis Coordinator Division of Coastal Management Department of Environmental Quafity 2S2 BOB 2900 ext 215 (office) Gre .Bcd!W@ncdmrgWv Email comspwrdenm to and fram this address is subject to the North CarafUm PubJk Records Low and may be disclosed to third parties. From: Corbett, Robert W <Robert.Corbett@ncdenr.gov> Sent: Friday, July 24, 2020 1:30 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Dawn Gagne CAMA Project Greg you may also want to email this to Dawn Gange directly. I don't know how much involvement Santos has with the project. I mostly worked with Dawn herself to get the application complete. Robert W. Corbett Jr. Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 233 252-331-2951 (fax) robert.corbett a ncdenr.aov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 K�' . ' `. -'—>! Nothing Compares ***Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties.*** From: Bodnar, Gregg Sent: Friday, July 24, 2020 11:25 AM To: beachbulkheads@¢mail.com Cc: Corbett, Robert W <Robert.Corbett@ncdenr.eov> Subject: Dawn Gagne CAMA Project Morning Mr. Santos, I wanted to pass along comments from WRC concerning the alignment of the bulkhead. In summary WRC is asking about the 900 corner. They are requesting the bulkhead make a 450 towards the existing bulkhead to reduce shallow bottom habitat loss. This alignment is typical of the area. Please review and if you have any questions please let me know. If workplans change you can email them directly to me, and please revise the date to keep them unique from the originals. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28M eM 21S (Office) Gremt. BodnarAQncdenrgov Email correspondeace to and front this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, July 24, 2020 11:25 AM To: 'beachbulkheads@gmail.com' Cc: Corbett, Robert W Subject: Dawn Gagne CAMA Project Attachments: CMDF_Dawn Gagne_NCWRCA.pdf Morning Mr. Santos, I wanted to pass along comments from WRC concerning the alignment of the bulkhead. In summary WRC is asking about the 90° corner. They are requesting the bulkhead make a 45" towards the existing bulkhead to reduce shallow bottom habitat loss. This alignment is typical of the area. Please review and if you have any questions please let me know. If workplans change you can email them directly to me, and please revise the date to keep them unique from the originals. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator _ QE Q�,� Division of Coastal Management Department of Environmental Quality x.:,.-W M�wwwIYOlry� 252 8t18 29M ext 215 (Office) Greax, B, 0nar@-nQdeet.eov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED APPLICANT: Dawn Gagne PROJECT NAME: Dredge man-made canal; construct bulkhead COUNTY: Curriluck LOCATION OF PROJECT: 2182 Pike Road, Carova Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-18-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No JUN 2 5 2020 DCM-MHD CITY FIELD REPRESENTATIVE: Robert Corbe DISTRICT OFFICE: ELIZABETH CITY DISTRICT MANAGER REVIEW: /�l/U Date (9�Jy/do B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S400 (60140) # III(D) APPLICATION ASSIGNED TO: Bofirnr PUBLIC NOTICE REC'D: 6-28-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 9-1-20 EMAIL OUT DATE: 6-25-20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 7-18-20 DEED REC'D: Yes I / 150 DAY DEADLINE: It 16 zc7 STATE DUE DATE: 7-16-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep G49 Zo X. DCM - LUP Consistency Determination 7/( MSS Local Permit Officer Corps of Engineers - Regulatory Branch (! Q Z y A'f .. DWR-401Section 0 za ?OZO—pg DWR — Public Water Supply k X DEMLR — Stormwater DEMLR — Sed and Erosion % O DOA — State Property Office 7�Zor1G 5` Wildlife Resources Commission Wzi 17(7 A! K Y Li ZO DMF - Shellfish Section i4 v X DMF - Habitat & Enhancement x- 4oK DNCR- Archives&History Q y DNCR — Natural Heritage Program NCDOT NC Dept of Commerce le(WWA 11 x 11 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Ron Renaldi, District Manager 9- NC — FROM: Robert Corbett, Field Representative j2GX DATE: June 19, 2020 SUBJECT: Dawn Gagne Major Permit Recommendations The applicants propose to dredge a man-made canal and construct a new bulkhead waterward of 404 wetlands and fringe Coastal Wetlands. The site of the proposed development is located at 2182 Pike Road, Corolla, adjacent to a man- made canal leading to Knotts Island Bay which connects to the Currituck Sound. The development proposal involves the Coastal Wetlands (CW), Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07FL 0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a) (1) States "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 bxidge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channel and — drainage ditches;" t{tECE IVED DE� P JUN 2 5 2020 North Carolina Department ofEnArournental Quality I Division of Coastal Management DCM-MHD CITY Elizabeth City Office 1401 So,nh Griffin Street. Suite 3011 Elizabeth City, North Carolina 27909 Gregg Bodnar, Assistant Major Permits Coordinator Dawn Gagne Major Permit Recommendations April 17, 2020 Page 2 Consistent: The proposed development is considered water -dependent. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish bed, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. RECEIVED JUN 2 5 ZON DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Dawn Gagne Major Permit Recommendations April 17, 2020 Page 3 Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (1) Dredging of Canals and Basins, and (7) and Bulkheads, pertain to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (1) Dredging of Canals and Basins Subparagraph (1) (A) States, "Navigation channels and canals may be allowed through fringes of regularly and irregularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent wetlands, and if there is no reasonable alternative that would avoid the wetland losses;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1) (B) States, "All dredged material shall be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or coastal wetlands;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1) (C) States, "Dredged material from maintenance of channels and canals through irregularly flooded wetlands shall be placed on non -wetland areas, remnant spoil piles, or disposed of by a method having no significant, long-term wetland impacts. Under no circumstances shall dredged material be placed on regularly flooded wetlands. New dredged material disposal areas shall not be located in the buffer area as outlined in 15A NCAC 07H .0209(d)(10);". Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1) (D) States, "Widths of excavated canals and channels shall be the minimum required to meet the applicant's needs but not impair water circulation;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1) (E) States, "Boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland;" Consistent: The proposed development is consistent with the intent of this rule. 1 Subparagraph (1) (F) States, "Any canal or boat basin shall be excavated no deeper than the depth of the connecting waters;" RECEIVED JUN 2 5 2020 DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Dawn Gagne Major Permit Recommendations April 17, 2020 Page 4 Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1) (G) States, "Construction of finger canal systems are not allowed. Canals shall be either straight or meandering with no right angle comers;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1) (H) States, "Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may include shoreline stabilization, vegetative stabilization, or setbacks based on soil characteristics;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1) (H) States, "Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria: (i) The applicant demonstrates and documents that a water -dependent need exists for the excavation; Consistent: The proposed development is consistent with the intent of this rule. (ii) There exists a previously permitted channel that was constructed or maintained under permits issued by the State or Federal government. If a natural channel was in use, or if a human -made channel was constructed before permitting was necessary, there shall be evidence that the channel was continuously used for a specific purpose; Consistent: The proposed development is consistent with the intent of this rule. (iii) Excavated material can be removed and placed in a disposal area in accordance with Part (b)(1)(B) of this Rule without impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; Consistent: The proposed development is consistent with the intent of this rule. (iv) The original depth and width of a human -made or natural channel shall not be increased to allow a new or expanded use of the channel." Consistent: The proposed development is consistent with the intent of this rule. RECEIVED JUN 2 5 2020 DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Dawn Gagne Major Permit Recommendations April 17, 2020 Page 5 Paraeranh (7) Bulkheads Subparagraph (7) (A) states, "Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Inconsistent: The proposed bulkhead averages 5' waterward of NWL with a maximum distance of 25' waterward of NWL. See Subparagraph (7) (D) below. Subparagraph (7) (B) states, "Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources." Consistent: The proposed bulkhead will result in the filling of t222ft' of an insignificant coastal wetland fringe comprised entirely of Scirpus species; however, this fringe is so sparse that it does not provide habitat for fish or.other animals and does not appear to trap nutrients and sediments. Subparagraph (7) (C) states, 'Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead." Consistent: The applicants have indicated that clean fill will be used. Subparagraph (7) (D) states, `Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: The proposed development is consistent with the intent of this rule. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Consistent: The proposed development is consistent with the intent of this rule. (iii) the bulkhead alignment will not adversely impact public trust rights or the property ofRECEIVED adjacent riparian owners; JUN 2 5 2020 DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Dawn Gagne Major Permit Recommendations April 17, 2020 Page 6 Consistent: The proposed development is consistent with the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Consistent: The proposed development is consistent with the intent of this rule. (v) the property to be bulkheaded is in a nonoceanfront area." Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07K 0209 Use Standards Paragraph (d) (1) states "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." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (3) states "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. Consistent: The proposed development is consistent with the intent of this rule. (13) 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. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (4) states "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." Consistent: The proposed development is consistent with the intent of this rule. RECEIVED JUN 2 5 2020 DCM-MHD Cl' Gregg Bodnar, Assistant Major Permits Coordinator Dawn Gagne Major Permit Recommendations April 17, 2020 Page 7 Paragraph (d) (5) states "Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (7) states "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." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (8) states "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." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (10) states "specific information, degrade the water quality or outstanding resource values. (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;" Consistent: The proposed development is considered water dependent. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend issuing a permit to Dawn Gagne for the development as proposed. RECEIVED JUN25ZO CCM.MFID CITY ROY COOPER Gwwnar MICHAEL S. REGAN setwary BRAXTON C. DAVIS Davdar June 26. 2020 MEA90RANDUPd; NORTf t CAROUNA Eavkaamental Qualify FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 262-247-3330 (Courier04-16-33) areaa.bodnarancdonr.aov SUBJECT: CAMAIDmdge & Fill Application Review Applicant: Dawn Gagne Project Location: 2182 Pike Road in Currituck County Proposed Project: Dredge a man-made canal and construct a new bulkhead Please indicate below your agency's position or viewpoint on the proposed project and rotdm fhfs form to Grasp Bodnar at the address above by July 16, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264.3901, ext 233) when appropriate, in- depth comments with supporting data is requested. This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Lee Padrick AGENCY NC Commerce SIGNATURE p DATE 6-25-20 Q J U N 2 6 2020 MP SECTION MHD NnrthCaroinn pepx[rnttt[a/1:nMlrw[[mrnul Quil3[Y I pivt"dfCoaSWMKnyemerA nir-brthClty Oflkv 1 401 South C+iff1n51rtt1,Srdtr3W I ❑haheth Chy.North Csd1nn 73Vt14 M-2h4MI31 ROY COOPER Governor MICHAEL S. REGAN sewetary BRAXTON C. DAVIS Director June 25, 2020 NORTH CAROLINA Environmental Qaaaty 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) areas.bodnarOncdenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dawn Gagne Project Location: 2182 Pike Road in Currituck County Proposed Project: Dredge a man-made canal and construct a new bulkhead 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 16, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kacee C Zinn AGENCY NCDMF-Shellfish Sanitntinn SIGNATURE KL_� % for Shannon Jenkins grW DATE 6/25/20 JUN 2 6 2020 MP SECTION I!l HD North Carolina Department of Environmental QmIlty I Division of Coastal Management Elizabeth MyOffice 1401South GrlftnStreet.SuIte300 I Elizabeth City, North Carolina 27909 2=64.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 25, 2020 MEMORANDUM: NORTH CAROLINA thvfronmmilaiQuality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28657 Fax: 252-247-3330 (Courier 04-16-33) grego, bodner(ftedenc aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dawn Gagne Project Location: 2182 Pike Road in Currituck County Proposed Project: Dredge a man-made canal and construct a new bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grertu Bodnar at the address above by July 16, 2020, If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) 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 �/` 'W r1colml-m.IAents. / PRINT NAME yC 11 l` (pr,WcU �1 % AGENCY ilLlbliC Wfr �P� J yA e-& RECEIVED SIGNATURE DATE fJ' a dd� J U N 2 6 2020 MP SECTION MHD NorthCarollna Department of Environmental Quality I DMslon of Coastal Management Elizabeth city Office 140tSouth Griffin Street, Suite 3001 Elizabeth Cry,NorthCarolina 27909 2522643901 ROY COOPER Covemcr MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 25, 2020 d� '4 NORTH CAROUNA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28657 Fax: 252-247-3330 (Courier04-16-33) areag. bodnarla.ncdenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dawn Gagne Project Location: 2182 Pike Road In Currituck County Proposed Project: Dredge a man-made canal and construct a new bulkhead 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 16, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (262-264-3901, ext. 233) 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 '54M12 �IJMPd� AGENCY �ENiI_YZ /� 5 SIGNATUR DATE JUL 1 7 2020 PAP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401South Crifnn Slrco65uitc300 I Elizabeth City. North Carolina 27909 252264.3901 ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director June 25, 2020 NORTH CAROLINA Envlronn entarQuaUty 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) areag.bodnargnncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dawn Gagne Project Location: 2182 Pike Road In Currituck County Proposed Project: Dredge a man-made canal and construct a new bulkhead 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 16, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext 233) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF 11�� SIGNATURE YYe� DATE 9 July 2020 p Q� RECEIVED J U L 1 7 2020 MP SECTION MHD North Carolina Department ofEnvlronmental Quality I Division of Coastal Management Elizabeth CltyOfnm 1401 South Griffin Street,Suite 3001 Elizabeth City, North Carolina 27909 2522643901 ROY COOPER Govetttar MICHAEL S. REGAN S-9rory MWTON C. DAVIS 0kecmr June25, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 F: 252-247.3330 (Courier 04-16-33) gregg bodnarCrDntidenr.eoy SUBJECT: CAMAOredge & Fill Application Review Applicant: Dawn Gagne Project Location: 2182 Pike Road in Curritock County Proposed Project: Dredge a man-made canal and construct a new bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greao Bodnar at the address above by.Jufy 16, 2020. if you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) 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 V. 5 t }r cG�+ eNo PRINT NAME y=a AJ r AGENCY if �'� — cM SIGNATUR DATE 1 � � JUL 1 7 2020 PAP SECTION MHD NonhCamMaDeputmOuofBAvkonmental CMdry I DlvtstonofcoastatMat 9nt ehabeth0ty Offim 1401Sanh Gr1a1nStreehSWte300 I Elzabeth.C1ty,N0r1h Cardihm71909 2572643901 ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charlan Owen ICP, NE District Planner Division of Coa I Management SUBJECT: Major Permit Request by Dawn Gagne to dredge a 40 foot by 180 foot area of manmade canal to a connective depth of -4.5 feet below NWL and install 197 linear feet of bulkhead on a manmade canal that connects to Knotts Island Bay; on the property at 2182 Pike Road, in the community of Carova Beach, Currituck County. DATE: July 16,.2020 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through July 2, 2019. Overview: The vacant, undeveloped .37 acre lot has approximately 180 linear feet of shoreline along a manmade canal that connects to Knotts Island Bay. Water depths within the project area range from -1 foot to -4.5 feet below Normal Water Level (NWL) and average -2.9 feet below NWL. Approximately 222 sq. ft. of Coastal Wetland fringe is located along the eastern 111 feet of shoreline. Approximately 610 sq. ft. of Section 404 wetlands are located on the site. The elevation of the property is approximately 5 feet above NWL. The site is vegetated primarily with trees and mowed grasses. Most of the property is located outside of a 100-year Floodzone with two (2) areas along the canal within an AE (4) Floodzone; however, all properties in this area are within the Coastal Barrier Resource System (CBRS) zone where federal expenditures and financial assistance that encourage development, such as federal flood insurance, are restricted. Dredging of a 40 foot by 180 foot area of the manmade canal to a connective depth of -4.5 feet below NWL and installation of 197 linear feet of bulkhead are proposed. Dredge spoils will be kept on site at least 30 feet from NWL. Once dried, they will be used as backfill for the bulkhead. The bulkhead will extend a maximum of 25 feet waterward and an average of 5 feet waterward of NWL. The bulkhead will tie into existing bulkheads on adjacent properties to the northwest and east. RECEIVED J U L 1 7 2020 nwm wm tan � uwrare.®a.,mw� MP SECTION NIPM North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City. North Carolina 27909 252.2643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 4 The waters of the manmade canal connecting to Knotts Island Bay are classified as SC (fish propagation) and Joint Waters, and are closed to shellfish taking. Submerged Aquatic Vegetation (SAV) was not observed growing within the project area. A review of potential historic, geological or archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include: the excavation of .17 acre of Public Trust Area/Estuarine Waters; the filling of 1,600 sq. ft. of High Ground within the Estuarine Shoreline AEC and 958 sq. ft. of Public Trust Area/Estuarine Waters AEC that includes 222 sq. ft. of Coastal Wetlands AEC, and; the disturbance of 3,940 sq. ft. of High Ground within the Estuarine Shoreline AEC. In reviewing the applicant's site plan, it appears that 610 sq. ft. of Section 404 Wetlands will be filled within the Estuarine Shoreline AEC. Basis for Determination: The project area is located within the "Carova Sub -Area" and is designated as "Limited Service Areas (Areas Preferred for Low Density Development)" on the Currituck County Future Land Use Map (FLUM); with Areas of Environmental Concern (AECs) designated as "Conservation Areas' as indicated on Page 11-1. As indicated on Page 11-1, the purpose of the Conservation designation is to provide for the long- term management, and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The designation is applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features. Land Use Plan policies address the use of vegetated buffers to reduce pollutants and protect water quality. The project area contains shoreline along an existing man-made canal. Bulkhead will help protect water quality by reducing soil erosion and sedimentation. Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". JUL 1 7 2020 MP SECTION MID North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 4 The following LUP policies may be applicable to this request:. Land Use Compatibility: Policy ES2, Page 9-5. "NON -COASTAL WETLANDS, including FRESHWATER SWAMPS, AND INLAND, NON -TIDAL WETLANDS, shall be conserved for the important role they play in absorbing floodwaters, filtering pollutants from stormwater runoff, recharging the ground water table, and providing critical habitat for many plant and animal species. Currituck County supports the efforts of the U. S. Army Corps of Engineers in protecting such wetlands through the Section 404 permit program of the Clean Water Management Act as well as Section 403 water quality certifications by the State of North Carolina." Policy ES3, Page 9-5. "COASTAL WETLANDS shall be conserved for the valuable functions they perform in protecting water quality and providing critical habitat for the propagation and survival of important plant and animal species. CAMA use standards and policies for coastal wetlands shall be supported. Uses approved for location in a coastal wetland must be water dependent (i.e. utility easements, bridges, docks and piers) and be developed so as to minimize adverse impacts." Policy ES4, Page 9-5 and 9-6. "In approving new.developments, Currituck County shall support the retention or creation of vegetated buffer area along the ESTUARINE SHORELINES as a simple, effective and low-cost means of preventing pollutants from entering estuarine waters. Exceptions to this requirement may include developments involving pre-existing man-made features such' as hardened shorelines, ditches, and canals... The County also supports CAMA use standards for all COASTAL SHORELINES, whether estuarine or otherwise." Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependent (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." RECEIVED JUL 1 7 2020 North Carolina Department of Environmental Quality Division of Coastal Management Natural Hazard Areas: MEMORANDUM Page 4 of 4 Policy NHB, Pages 9-16 and 9-17. "Currituck County encourages owners of PROPERTIES ALONG ESTUARINE SHORELINES to employ the least hardened approach to shoreline stabilization (i.e. marsh grass favored over riprap favored over bulkheading, etc.) provided that reasonable access is available to install the technology available." Water Quality: Policy WQ3, Page 9-17. "Currituck County supports policies, plans and actions that help protect the water quality of the county's estuarine system by preventing SOIL EROSION AND SEDIMENTATION, and by controlling the quantity and quality of STORMWATER RUNOFF entering the estuary." Policy WQ5, Page 9-17. "Development that preserves the NATURAL FEATURES OF THE SITE, including existing topography and significant existing vegetation, shall be encouraged..." Policy WQ6, Page 9-17. "Currituck County supports the retention or preservation of VEGETATED BUFFERS along the edge of drainage ways, streams, and other components of the estuarine system as an effective, low cost means of protecting water quality." Local Areas of Concern: Policy HP4, Page 9-20. "The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC AND ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged." J U L 1 7 2020 Bodnar, Gregg From: Dunn, Maria T. Sent: Monday, July 27, 2020 2:58 PM To: Bodnar, Gregg Subject: RE: [External] Re: FW: Dawn Gagne CAMA Project Hi Gregg, Thanks for coordinating all the communications. The updated plans essentially demonstrate the changes that would address the gist of my concerns. The plans do not detail the changes in square footage that would be filled or reflect the change in the 30' AEC. I would imagine that those are understood, but would need to be reflected in the permit. Once again, thank you, Maria 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.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: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, July 27, 2020 8:35 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: FW: [External] Re: FW: Dawn Gagne CAMA Project Ms. Gagne updated the plans based on her interpretation of your comments. Let me know what you think. Thanks, Gregg From: Dawn Gagne <dawnmarieaaane27@¢mail.com> Sent: Sunday, July 26, 2020 6:10 PM To: Bodnar, Gregg <aresa.bodnarCla ncdenr.gov> Subject: [External) Re: FW: Dawn Gagne CAMA Project Hello Mr. Bodnar, Please see the attached drawing. The drawing has been revised to show the proposed bulkhead with a 45 degree angle. Please review this revision and let me know if there is any other documentation or information you may need for the permit to be issued. Thankyoul Dawn Gagne 252-457-5137 On Fri, Jul 24, 2020 at 1:34 PM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Afternoon Ms. Gagne, Your DCM field rep has mentioned to me that you might rather be involved in correspondence concerning your CAMA project vs. your agent. So please see below for a summary of the request and attached above are the comments form WRC concerning the alignment of the bulkhead. The email below has all the pertinent info for next steps. Thanks, Gregg C�}eme�tdertramrcrtalaJrea� /'� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 21S (Office) Grexa. nar n enr.aov Emalf correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties, From: Corbett, Robert W <Robert.Corbett@ncdenr.gov> Sent: Friday, July 24, 20201:30 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Dawn Gagne CAMA Project Greg you may also want to email this to Dawn Gange directly. I don't know how much involvement Santos has with the project. I mostly worked with Dawn herself to get the application complete. Robert W. Corbett Jr. Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 233 252-331-2951 (fax) robert.corbett(a)ncden r. gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 I ca -./'Nothireg Compares..` ***Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties.*** From: Bodnar, Gregg Sent: Friday, July 24, 2020 11:25 AM To: beachbulkheads@gmail.com Cc: Corbett, Robert W <Robert.Corbett@ncdenr.gov> Subject: Dawn Gagne CAMA Project Morning Mr. Santos, I wanted to pass along comments from WRC concerning the alignment of the bulkhead. In summary WRC is asking about the 90" corner. They are requesting the bulkhead make a 45° towards the existing bulkhead to reduce shallow bottom habitat loss. This alignment is typical of the area. Please review and if you have any questions please let me know. If workplans change you can email them directly to me, and please revise the date to keep them unique from the originals. Thanks, Gregg Gregg6odnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 888 28W ext 22S (Office) GMgg.8odnarpncdenr.gov Email correspondence to ondJrorn this address 1s subject to the North Carolina Public Records low and may be disclosed to third parties, ROY COOPER Cov or MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Dimciar 4.-rn•or..2(_.o( June 25, 2020 MEMORANDUM: NORTH CAROLINA £nOm mentvlQuality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 401) Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) arena bodnar(aZncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dawn Gagne Project Location: 2182 Pike Road in Currituck County Proposed Project: Dredge a man-made canal and construct a new bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greats Bodnar at the address above by July 16, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) 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_WF, T D7 A AGENCY �ILrJiZC SIGNATURE DATE �•70-zo9� RECEIVED JUL 2 1 2020 MP SECTION MHo North Carolina Department otEmironm ritalQuality I DhlsinnofCoa wIMam9e=rn naabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City. North Carolum 27909 2522643901 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: July 20, 2020 RECEIVED J U L 2 1 2020 MP SECTION MHD SUBJECT: CAMA Dredge/Fill Permit Application for Dawn Gagne, Currituck 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 at 2182 Pike Road adjacent a man-made canal leading to Knotts Island Bay within the Carova Beach subdivision. 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 dredge a man-made canal and construct a new bulkhead on a vacant lot The 180' by 40' section of the canal would be mechanically dredged to 4.5' NWL, placing the spoil on the property outside the 30' AEC. A 197' bulkhead would be constructed an average 5' waterward the shore, filling approximately 832 ft2 of Section 404 wetlands and fringe coastal wetlands. Knotts Island Bay and the man-made canal are classified SC by the Environmental Management Commission. The NCWRC has reviewed the permit application and has taken into consideration the project and its impacts to wildlife resources. To minimize the loss of shallow water habitat, we request the applicant not square off the western end of the bulkhead with a 90degree comer, but rather a 45-degree edge much like the other lots within the subdivision. This would reduce fill of shallow water habitat and lessen the restrictiveness of the mouth of the canal for navigation. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.drum(d ncwildlife.ora Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 ROY COOPER Governor MICHAEL S. REGAN Serrewy BRAXTON C. DAVIS Director June 25, 2020 MEMORANDUM: STM NORTH CAROLINA Envtronmenta(Quartty 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) gregg.bodnar(g.ncder r.ci SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dawn Gagne Project Location: 2182 Pike Road in Currituck County Proposed Project: Dredge a man-made canal and construct a new bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greasy Bodnar at the address above by July 16, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, exL 233) 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_ LQ 4ram1 Q. c�1I WO�Yldc �' I1161 AGENCY Of i—' SIGNATURE y—� DATE 1 - C7 RECEIVED JUL 2 0 2020 14AP SECTION MHD North Carolina Department of Environmental Qual ty I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite SOD I Elizabeth City, North Carolina 27909 252.264.3901 Received: 7/ 10/2020 Historic Preservation Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 25, 2020 NORTH CAROLINA EnvrronmenialQualrry ER 20-1423 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: R52-247-3330 (Courier 04-16-33) n regn. bodnarOncde n r.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dawn Gagne Project Location: 2182 Pike Road In Currituck County Proposed Project: Dredge a man-made canal and construct a new bulkhead Due: 7/20/2020 ANC NCH 07/14/2020 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by July 16, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) 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 Renee Gledhill -Earley AGENCY Historic Preservation Office RECEIVEED SIGNATURE a DATE 07/22/2020 D Qv J U L 2 2 2020 MP SECTION MHD - North Carolina Department of Environmental Quality I DhIslon of Coastal Management Elizabeth City Office 1 401 South Griffin Street, SW1e300 I EI@abeth Oty,North Carolina Z7909 2522643901 Regulatory Division SAW-2020-01130 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 NOV r, 1^0 ViP SECTION MHD Reference the application of Mrs. Dawn Gagne for Department of the Army authorization to dredge approximately 7,200 square feet of a man-made canal, constructed a 197 linear foot bulkhead an average of 5ft waterward of NWL, located at 2182 Pike Road, in Corolla, Currituck 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 Z RECEIVED NOV 9 2020 maintenance of this project, in such a manner as to impair normal flows ail'd'CiTdii J9JJatQi'h5' D 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 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 4- 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 protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.f%vs.gov/nc- es/mammal/manatee—Pidelines.pdf Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. 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 Wetlands and Marine Regulatory Section Water Protection Division -Region IV Sincerely, Josh Pelletier Regulatory Project Manager Type text here RECEIVED NOV 9 2020 MP SECTION MHD 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 t �s ROY COOPER Governor MICHAELS.REGAN Secretary S. DANIEL SMITH Direcmr NORTH CAROLINA Environmental Quality November 12, 2020 DW R Project fl 2020.0853 v1 Currituck County Dawn M. Gagne 2181 Pike Road Corolla, North Carolina 27927 Subject APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 2182 Pike Road - dredge man-made canal and construct a new bulkhead Dear Ms. Gagne: 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 June 25, 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 certifications) 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. [35A NCAC 028.0506(b)(c)]] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Waters OW3-dredging 0.17(acres) 0(111vas) Plan Sheets I and OW2-bulkhead/fill 0.02 (sues) 0 (arres) Plan Sheets 1 and 2 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s)4175. [35ANCACO2B.0507(c)] 3. No Waste, Spoil. Solids. or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the Impacts depicted in the Buffer Authorization Application. All forestry operations activities shall be performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .05021. Continuina Compliance 4. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 028.0200 (3)(f)] 5. 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 NCACO2B.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, ifthe noncompliance has not been Corrected, the anticipated time compliance is expected to continue; and �y;����{r' D reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the writtr2"_""-' on a case -by -case basis. Nov 1 2 2020 D Q�� r North Carolina Department of Envhonmental Quality I Division �offFW]at5c� �/�l N M Washington Regional OFFlce 1 943 Washington Square Mail I l�k0ngtaMl�jii132'/884 2SZ946.6481 6. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the CAM at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sbrty (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 CAM during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 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 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.oullinger0ricdenr.cov ifyou 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: Dawn Gagne (via e-mail: dawnmariegagne279i)gni3il.Corn Raleigh Bland, USACE Washington Regulatory Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Robert Corbett, DCM Elizabeth City (via e-mail) Laserfiche/DW R file copy RECEIVED NOV 1 2 2020 NIP SECTION MiHD rwr6* cacti kAir N iEfWOVARSf onic�onaltu�2 DWRDWRu Project A2020-0853 vl RAO • h prop r - / \ In a 4 m r •. at' el J Pam+ �ne itoP Pot. •, I Qc■ R:! ....... _. e6 t) 9 ........................... .....CAPAA .........-. ..... .... 41 r - Li Tslyd.y Received DCM-EC DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dawn Gagne 2. LOCATION OF PROJECT SITE: 2182 Pike Road within the Carova Beach s/d of Corolla, Currituck County adjacent to a man-made canal leading to Knotts Island Bay which connects to the Currituck Sound Latitude: 36°31'9.41"N Longitude: - 75052'5.21"W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—4/23/20 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete — 6/18/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification from LUP - Limited Service Area (B) AEC(s) Involved: Coastal Wetlands (CW), Estuarine Waters (EW), Public Trust Area (PTA), and Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing — None Planned — None (F) Type of Structures: Existing — None Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 1.5' Source — Applicant 7. HABITAT DESCRIPTION: (Area ft') EXCAVATED Fill nTHFR (A) High Ground within 1600 ft' (Spoils) 3,940 ft' Disturbed ES AEC (Bulkhead) (5) Shallow Bottom 7,200 ft' (Dredge) 958 ft' (Bulkhead) EW,PTA& CW AEC (D) Total Area Disturbed: 13,698 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant proposes to dredge a man-made canal and construct a new bulkhead. RECEIVED JUN 2 5 2020 DCM-MHD CITY Daum Gagne Field Investigation Report Page 2 Proiect Settin The site of the proposed development is located at 2182 Pike Road, within the Carova Beach s/d of Corolla, Currituck County, adjacent to a man-made canal leading to Knotts Island Bay which connects to the Currituck Sound. The project location is a vacant lot, 16,117 sf in size, and has approximately 180' of unhardened shoreline. The elevation of the property is approximately +5 feet above NWL. According to the USDA's Natural Resources Conservation Services' Web Soil Surrey, the soil on the property is made up of Newhan fine sand. A sparsely vegetated fringe coastal wetland consisting of Bulrush (Scirpus spp.) was observed growing along the east side of the shoreline for ±111'. A jurisdictional delineation was performed by the USACE on 1/28/2020 which lay claim to 610 ft2 of 404-wetlands. Other vegetation on the property consisted of trees and grasses that are mowed periodically. The adjacent riparian property to the northwest contains a single family dwelling, a bulkheaded shoreline, a boat ramp and a dock. The adjacent riparian property to the east contains a single family dwelling and a bulkheaded shoreline which includes a boat basin. The man-made canal, which connects to Knotts Island Bay, is classified as Joint waters by the agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The Division of Environmental Management's water quality classification for this waterbody is SC and it is closed to shellfish taking. Water depths within the project site range from 1' to 4.5' below normal water level (NWL) and average -2.9'. The bottom substrate within the project area is made up of muddy sand. Submerged aquatic vegetation, as defined by the Division of Marine Fisheries, was not observed growing within the project area. Development Proposal The applicant proposes to mechanically dredge a 180' x 40' section of a man-made canal to a connecting depth of -45. All of the spoils will be kept on the project site and will be located 30' from NWL. Once the dredging is complete the applicant proposes to construct 197' of wooden bulkhead. In order square off the property, the proposed bulkhead will tie into the existing bulkhead of the adjacent property to the northwest and continue in a straight alignment south for 17' before turning 900to the east for 180' before tying into the existing bulkhead on the east side of the property. This proposed alignment will result in an average distance of 5' waterward of NWL with a maximum distance of 25'. The proposed alignment will be waterward of 610 ft2 of 404-wetlands delineated by the USACE. The proposed bulkhead will be back filled using the spoils from the dredging once it has dried resulting in the filling of ± 222ft2 of fringed coastal wetlands. RECEIVED JUN 2 5 2020 DCM-MHD CITY Dawn Gagne Field Investigation Report Page 3 Anticipated Impacts • The dredging of the canal will result in the removal of 427 yd' of material within the PTA and EW AEC. • The dredging of the canal will result in 7,200 ft' of shallow water bottom disturbance within the PTA and EW AEC. • The spoil disposal area will disturb 1,600ft' of high ground within the ES AEC. • The construction of the bulkhead along the proposed alignment will result in the filling of ±958 ft' of the PTA and EW AEC along 197' of the ES AEC filling ±222ft' of CW AEC. • The construction of the bulkhead will disturb ±3,940 ft' of high ground within the ES AEC. Submitted by: Robert Corbett Date: 6-19-2020 RECEIVED JUN 2 5 2020 DCM-MHD CITY Received PAY 13 2E,20 Project Narrative-2182 Dredge/Bulkhead DCM'-EC Introduction This project is Intended for the purpose to stabilize the shoreline to cease erosion and clear a safe path for boating along the canal to Knotts Island Bay at the property located at 2182 Pike Road, Corolla, NC 27927. Description of the Proiect Component 1-Dredging The project involves dredging along the property to the center of the canal. The purpose for the excavation is to clear material to a depth of 4.5' in front of the property to establish a safe path for boating along this portion of the canal to Knotts Island Bay. The proposed excavation can be reviewed in the documentation for the Major Permit Application. Component 2-Bulkhead The project involves work to stabilize the shoreline by constructing a bulkhead along the property which involves constructing the bulkhead adjacent to the two existing bulkheads at property 2184 Pike Road, Corolla, NC 27927 located to the west and property 2181 Pike Road, Corolla, NC 27927 located to the east. As determined by the USACE, this property exhibits wetland criteria. The report from the USACE can be reviewed In the documentation for the Major Permit Application. RECEIVED JUN 2 5 2020 DCM-MHD CITY RvFr- SmwrpT f y . , aIPK-aj .. " I 0 n � � *l 1' •� I V 41 1 �Y F))'��YYYYM2ltttt l �� �.. J'i3 L �� +S I kl' 11 1 1 Ao�, i•.l.7Y� a xt2 tK�' IVED 5 2020 DCM-MHD CITY � $� i e �4 11� ��1 t S f 7 �'3I��`rjp T •' '3LC/ 1:1 V � f 1 � n � � (� x.. AAA � � I � I 1 Ad ,�,, � dye i� f � ' .. r r .. A`' 1 1, i�{ t .. �� ` t � 1 � s.' � �A II �J �}� f, �1�� � I,II. 7� b'P��.� I i t ,, �,, ;; �� ,. ;, JI1 I,I1 � fi � Jo .. 1i a�, �1 �'�' {� p .{,, P �� �I' '...j t • �I�' In ,r E. CROUSE GRAY, JR. EENITA A. I.I,OYD** *Scperior Court Certified Mediator '*Certified Pandly Financial Mediator Ms. Dawn Marie Gagne 2181 Pike Road Corolla, NC 27927 GRAY & LLOYD, L.L.P. ATTORNEYS AT LAW The Executive Center 3120 N. Crostan Hwy., Ste. 101 Kill Devil Hills, NC 27948 www.grayandiloyd.com attotncys ®grayandl loyd.com August 10, 2018 Re: Laughmiller to Gagne Lot 18, Block 1, Section 5, Carova Beach My File No.13309-002 Dear Dawn: Received tl"y l K23 DCM-EC Phone (252)441-4338 Fax (252)441-8414 Thank you for contacting me to assist you in this matter. Pursuant to your request, enclosed herein please find the following in regard to the above referenced matter and our standard information concerning such a transactions: 1. Deed of Gift - Please have Jay E. Laughmiller execute the Deed of Gift wherein indicated before a Notary Public, making sure the Notary complies with the attached notary instructions. Please return to me the original signed deed, along with the recording fee and our firm will take care of recording the document for you. Please make sure that the Notary affixed his or her "seal" to the document. 2. Affidavit of Consideration - Currituck County charges a I % transfer tax on all consideration transactions. By means of this Affidavit of Consideration, we are showing that there is no consideration being paid and, therefore, there will be no transfer tax. Again, please have Mr. Laughmiller sign wherein indicated before a Notary Public, making sure the Notary complies with the attached notary instructions and return the same back to me. 3. Statement for Services Rendered. At the time title is transferred, you should notify your insurance company and/or any utility vendors of the transfer. The tax office should update the ownership automatically. It appears that real estate taxes are paid through 2017, but, they will be due for 2018. Because no taxes are delinquent, current taxes do not have to be paid to record the deed. RECEIVED JUN 2 5 2020 DCM-MHD CITY Received i1,Ay 1 i.Z) D M-EC Page 2 Dawn Marie Gagne August 10, 2018 Please understand that if there is a Deed of Trust presently upon the property, the existing lender may require that this property not be transferred nor any interest in the property, without the lender's express written consent unless and until you pay off the indebtedness. You should consult with your lending institution before the recording of these documents. You are handling this transaction as a gift. Generally, gifts of less than $14,000 per donee, per year, are not taxable transactions for gift tax purposes. However, I am not a tax attorney, a certified public accountant or familiar with your or the Grantor's financial situations. Should you have gny tax concerns about this transaction, our firm recommends that you contact your personal accountant as our firm is not certifying an opinion on the tax consequences of the transactions. Also, our firm is not offering any advice to you as to whether the transfers would be considered fraudulent transfers in order to avoid creditors or what impact the transfers would have on your eligibility for Medicaid benefits. Our firm is only representing you in this transaction. Should Mr. Laughmiller have any questions about the transaction, he should consult with an attorney and/or accountant of his choice. Additionally, please understand that this firm has not done any title search on the property and therefore, does not certify title to the property. Further, no title insurance has been requested by you and will, therefore, not be obtained by this office on your behalf. Any existing title insurance policy in the name of the grantorwill probably not provide any title insurance coverage for the grantee. If you have any questions, please contact me. Thank you. With best wishes, I am BAL:kmg Enclosures N.1WO.1D1CIiw,i QIQ+IW�,D,rm OnW D:un UuiyM11109aol DRD Rom land`^^llm (:Itl Pik, 0.wdTc�ml.W.wyE RECEIVED JUN 2 5 2020 0CM-MH1) CITY (SPACE ABOVE THIS LINE FOR RECORDING DATA) Land Transfer Tax No. # �) Land Transfer Tax: NONE Revenue Stamp Amount: NONE Parcel No. 087A00IOOISO00S Peal Estate Taxes Paid: Paid through 2017 ii Frepared by and return to: Benito A. Lloyd, Attorney at Law GRAY & LLOYD, L.L.P. 3120 N. Croatan Hwy., Suite 101 K'li Devil Hills, NC 27948 v. ww. grayandfloyd.com My File No. 13309-002 NORTH CAROLINA, CURRITUCK COUNTY Received ' 1i2M DCM-EC NO TITLE SEARCH PERFORMED THIS DEED OF GIFT made this 1 Oth day of August, 2018, by and between JAY E. LAUGHMILLER, unmarried, of 2181 Pike Road, Corolla, NC 27927, Grantor to DAWN MARIE GAGNE, of 2181 Pike Road, Corolla, NC 27927, Grantee: The designation Grantor and Grantee as used herein shall include said parties, their heirs and successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by text. WITNESSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey, unto the Grantee in fee simple, all that certain lot or parcel of land situated in Fruitville Beach Township, Currituck County, North Carolina, and more particularly described as follows: RECEIVED JUN 2 5 2020 DCM-MHD CITY Received PAY 1 1 ii,21 All that certain lot of land shown and designated as Lot 18, Block lti.a+ww c 5, on the plat of Carova Beach, as recorded in Map Book 2, Page 139, in the Office of the Register of Deeds of Cuurrituck County. it is the intent hereof to convey Grantor's entire interest in the above described real property. Grantor(s) hereby certify the above described real property is not a principal residence of any of the Grantor(s). That Grantor acquired the above -referenced property by a General Warranty Deed as recorded in Book 1452, Page 469, Currituck County Public Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and cppurtenances thereunto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the some in fee simple; that title is marketable and free and clear of all encumbrances and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: I . Exception is taken to the 2018 ad valorem taxes. 2. Exception is taken to any easements and restrictions of record. IN WITNESS WHEREOF, the Grantor has set his hand and seal, the day and year first above written. !_ (SEAL) ay E. ugh er STATE OF NORTH CAROLI A COUNTY OF CQ - r a Notary Public of the State aforesaid, certify that JAY E. LAUGHMILLER personally appeared before me this day and acknowledged the execution ofYt�he� �foregoin instrument. Witness my hand and official stamp or seal, this (7, \ day of �\A 2018. Notary Public My Commission Expires:' Registration Number: x,xCYl6e,w,nuwi4b.om on. a,nhy.m�ua00i000,xn LybY.IN�� JUN 2 5 2020 DCM-MHD CITY NOTARY PUBLIC OATH NOTIFICATION State of North Carolina Elaine F. Marshall °ARMw DEPARTMENT OF THE SECRETARY OF STATE SECRETARY OF STATE Issue Date: Jan 30, 2017 ,J Received Register of Deeds of p,1Y l ^ %u2J Currituck County: DCM-EC In accordance with Section 10B-10(a) of the North Carolina General Statutes, the Secretary of State is appointing for commission as Notary Public, upon taking the oath of office, the following: SANDRA PLANETTA Reappointment 199 OLD JURY RD MOYOCK NC 27958 To be effective 3/212017 ;expiring 3/1/2022 From: Secretary of State ATTENTION: COMMISSION NOT VALID UNTIL OATH OF OFFICE IS TAKEN 1. You must appear before the Register of Deeds office of the above named county within 45 days after the commissioning issue date and shall be duly qualified by taking the general oath of office prescribed in General Statute 11-11 and the oath prescribed for officers in General Statute 11-7. The Register of Deed's fee is $10.00. Failure to take the oath of office with the Register of Deeds before entering into the office is a criminal offense and will subject you to ejection from office. (N.C.G.S 10B-60(b)(3)) 2. If the appointee does not appear before the Register of Deeds office within 45 days, the Register of Deeds must return the commission to the Secretary of State's office. The appointee must reapply for commissioning and submit a check for $50.00 with application. 3. For name changes, if the appointee does not appear before the Register of Deeds office within 45 days of the issue date, the Register of Deeds must return the commission to the Secretary of Slate's office. The appointee must reapply for commissioning and submit a check for $50.00 with application. 4. Applicant for re -commissioning as a notary shall submit a reappointment appli- cation, which can be obtained from your local Register of Deeds office, Secretary of State's Notary Public Section, or from the Secretary of State's web page http://www.sosnc.qov 5. Name on seal or stamp must appear the same as your commission. 6. If the name or county listed above are incorrect, then contact Certification and Filing Customer Service at 919.807.2219. THIS IS YOUR RECEIPT FOR YOUR $60.00 APPLICATION FEE RECEIVED Notary Number: 200706400159 JUN 2 5 2020 Tracking Number: Web-02946214 DCM-MHD CITY 11/20/2019 Denise A. Hall Register of Deeds, Gurdtuck, NC Denise A. Hall Received Register of Deeds, Currituck, NC I -My I .. i 21 Consolidated Real Estate Index Criteria - Given Name: Dawn Last Name: Gagne Grantee/Grantor: Either Party Type: Either D C I EC Date:09/27/2018 13:53:00 Doc #:338667 Kind: DEED Book: 1459 Page: 162 Description DEED OF GIFT LOT: 18 BLK: 1 SUB: CAROVA BEACH TP: FRUITVILLE SEC 5 Tax: $0.00 Grantors Grantees LAUGHMILLER, JAY E. GAGNE, DAWN MARIE RECEIVED JUN 2 5 2020 72.15.246.181/CurrituckNCNW/applicaUon.asp7resize=true 1/1 DCM-MHD CITY 11/2012019 Curriluck County PARID: 087AD0100180005 2182 PIKE RD TOWNSHIP: FRUITYILLE BEACH CRYNAME: COROLLA NBHD: R087A000 GAGNE, DAWN MARIE ROLL: REAL Tax Year Owner Tax Account # Owner Mailing Address C+ty,state,z+p Owner ID 149052 2020 149052 GAGNE, DAWN MARIE 2181 PIKE RD COROLLA NC 27927 Assocleted Owner 1 Aseoclalsd Owner 2 Received DVM-EC RECEIVED �'y(JUNA2u5 2020 currituckncgov.coMICARE/Datalets/PrintDatalet.aspx?pin=087A00100180005&gsp=OWNERBtaxyear--2020&jur--027&ownseq=0&grw-4gA'tkm.cl T/1 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals thecoastlandtimes.net FROM: Ella Godfrey DATE: June 24, 2020 SUBJECT: Public Notice: Dawn Gagne Please publish the attached Notice in the Sunday, June 28, 2020 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Ellie Davis, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File 4�� D� Q RECEIVED JUN 2 5 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2S2.264.3901 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 06/18/20. Dawn Gagne proposes to dredge a man-made canal and construct a new bulkhead at 2182 Pike Road in Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, /400 Commerce Avenue, Morehead City, NC 28557, prior to 07/18/20, will be considered /in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, June 28, 2020 North Caroltna Department of Environmental Quality I DMsion of Coastal Management Elizabeth City Offlc 1 401 South Griffin Stteet, State 300 I ENzabeth City. North Carolina 27909 2SZ2643901 RECEIVED JUN 2 5 2020 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Dawn Gagne 2181 Pike Road Corolla, NC 27927 Dear Ms. Gagne: NORTH CAROLINA Environmental Quality June 24, 2020 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to dredge a man-made canal and construct a bulkhead at 2192 Pike Road in Currituck County. It was received complete on June 18, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 1, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from June 18, 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 D E Q� RECEIVED ,< tl��r JUN 2 5 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 DCM-MHD CITY Dawn Gagne June 24, 2020 Page 2 of 2 property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact the field representative, if you have any questions and or if you wish to receive a copy of his field report. Sincerely, C �. Ron Re d� District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Robert Corbett, DCM, Elizabeth City, NC Santos Elmy, Beach Bulkheads, Grandy, NC RECEIVED JUN 2 5 2020 DCM-MHD CITY N0T1(9'11;17mj CAMA PERMIT APPLIED F R PROJECT: Dredge a man-made canal and construct a new bulkhead COMMENTS ACUtr ED THROUGH APPLICANT: Dawn Gagne 2181 Pike Road ;Corolla, NC 27927 -5137 July f8, 2020 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Robert Corbett 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 233 Received i.+ey t 1 i2:J DCM-EC I hereby certify that I own property adjacent to s (Name of P rty Owner) property located at ? P � 110 (�%nl (fj nn I ( o- 7 -7 Q 2- (Address, Lditipock,.Rad, on JZno4— ;a �S�t2n � rt�-4 ,in eie.) c• N.C. (Waterbody) I (City own andlor County) The applicant has described to me, as shown below, the development proposed at the above local n. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWINO OF PROPOSED DEVELOPMENT (Individual proposing development must fill In description below or attach a site drawing) \+-Dred�C 4-0 Cex-,Art- O� Car1CJ WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you ouu Wish to waive the setback, you must Initial the appropriate blank below.) G��k%I7 Ldo wish to waive the 1 B' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) or 'Valid for one calendar year after signature* (Revised Aug. 2014) RECEIVED JUN 2 5 2020 DCM-MHD CITY DATE: -� I / ;S t a O Received NAME: ram., . , (� Q vl P I•IAY i n 2u20 ADDRESS: r� D r�� ad CITY: Cnro I0 sT A)Cc ziP�.�z� DCM—EC RE: - t 'A ►� 1- k n e- 6' ILh?ad {PROJECT NAME} To Whom It May Concern: This correspondence is to notify you as a riparian property owner tha{ms rt OLLOY owner naLLa or company} is applying for a CAMA Major permit to on property located at description) (insert property address / county} Sg which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. if you have no objections to the proposed activity, please mark the appropriate statement below and return to: as soon as possible. {insert name of re nsible party} If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at {Insert phone number} or the Division of Coastal Management at 252- 264.3901. Sincerely, NSERTNAME I have no objection to the project as described. I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) //�� I do wish to waive the 15'�etback requirement. Names r Signature of Adjacent Prop I m)N OXZ�� a'` oo •C a Address and/or Email AddreW I do not wish to waive the 15' setback requirement. LD 0.v 3� RECEIVED Phone Number JUN 2 5 2020 DCM-MHD CITY Received U.S. ARMY CORPS OF ENGINEERS NY 13 2020 WILMINGTON DISTRICT Action Id. SAW-2020-00044 County: CurrltuckCounty U.S.G.S. Quad: Knotts Island OE CM -EC NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Dawn Gagne Address: 2192 Pike Road Corolla. NC. 27927 Telephone Number: (2521457-5137 Size (acres) .337. Nearest Waterway Currituck Sound USGS HUC 03010205 Nearest Town Corolla River Basin Albemarle-Chowan Coordinates Latitude: 36.519018 Longitude: -75 869901 Location description: Property is a residential developed lot located at 2182 Pike Road Currituck County, Corolla. North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, 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 maybe 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 year: from the date of this notification. There are waters of the U.S., including wetlands, on the above described project area 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 a�F Jg�D accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a de i3U can be verified by the Corps. JUN 2 5 2020 Page 1 or 2 DCM-MHD CITY SAW-2020.00M _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA 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 . 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 project area 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. 2i 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 Krystvnka Stvear at 910-2514619 or Krystvnka.B.Stv¢araa usace.armv.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coast Regional Supplement. This is site is directly abutting Maumade Navigable Canal a tributary to the Currituck Sound a TNW. D. Remarks: 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 for Approved Jurisdiction Determinations (as indicated in Section B. above) 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 request to appeal this determination you must submit a completed RFA form to the following address: Received US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room I OM15 Atlanta, Georgia 30303-880I ueY13KM DCM-EC 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 NA . It is not necessary to submit an RFA form to the Division Office if you do not object to the determinatior�rii�IVED correspondence. JUN 2 5 2020 DCM-MHD CITY SAW e Corps Regulatory ory Official: Date: February 6.2020 Expiration Date: NA 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 hqp://coEpsmapu.usace.ariny.mil/Cm apex/Pp=136:4:0. Copy Furnished: Coastal Area Management Association (CAMA) C/O Robert Corbett 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 RobertCorbettAncdenneov Received MAY 1 0 202d DCM-EC RECEIVED JUN 2 5 2020 0CM-MHD CITY bAW-AUAWUUQ44 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Dawn Gagne File Number: SAW-2020-00044 Date: February 6.2020 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of ission A PROFFERED PERMIT Standard Permit or Letter of permission B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY 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 hup //www usace army.miVMissions/CivilWorks/Re ug latoaProgramandPern its.asex or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or 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 the LOP means that accept the permit in its entirety, and waive all rights to appeal the on the Standard Permit or acceptance of you 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 D 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 H 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 D of this form and sending the form to the division engineer. This form must be received by 60 days the date of this notice. Received the division engineer within of MAY 10 200 RECEIVED DCM^EC JUN 2 5 2020 DCM-MHD CITY E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary ID. 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. SECTION H - REQUEST FOR 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.) Received I"y 13 K20 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 record. If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Krystynka Stygar 2407 West 511 Street Washington, NC 27889 If you only have questions regarding the appeal process you may also contact: Mr. Philip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the oPpoituni to ci ate in all site investigations. I Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka Stygar, 2407 West S° Street, Washington, NC 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: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED JUN 2 5 2020 .r)`M-MHD CITY PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM Received BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: February 6.2020 D C IYI-C C B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Dawn Gagne, 2182 Pike Road, Corolla, NC 27927 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Gagne, D/ Currituck/ JD, SAW-2020-00044 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Currituck County City: Corolla Center coordinates of site (lat/long in degree decimal format): Lat.: 36.519018' Long.:-75.869901° Universal Transverse Mercator: Name of nearest waterbody: Currituck Sound E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): January 28, 2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404 Wetland 1 36.519124 -75.868081 610 sq ft Wetland Section 404 OHWM Line 36.519075 -75.868288 195 LF Non -wetland waters Section 10/404 RECEIVED JUN 2 5 2020 ?ACM-MHD CITY Received MAY I:, 1) The Corps of Engineers believes that there may bejurisdictional aquatic resources in the DMEC review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) in any circumstance where a permit applicant obtains an individual perms , or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: RECEIVED JUN 2 5 2020 " MHD CITY Received MAY 13 K23 SUPPORTING DATA. Data reviewed for PJD (check all that apply) D /+p h-Cr C Checked items should be included in subject file. Appropriately reference sources below where DMEC indicated for all checked items: ❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. []Office concurs with data sheets/delineation report. ❑ Office does notconcurwith data sheets/delineation report. Rationale: ® Data sheets prepared by the Corps: KK Slyger ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ® Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Web National wetlands inventorymap(s). Citename:NWIManoer USACE Simsuite Reference Only ❑ Statellocal wetland inventory map(s): ❑ FEMA/FIRM maps: ® 100-year Floodplain Elevation is:-4-W (National Geodetic Vertical Datum of 1929) ®Photographs: ®Aerial (Name & Date): Google Earth Pro 11/2017 or ®Other (Name & Date):On-site photos ❑ Previous determinstion(s). File no, and date of response letter: ® Other information (please specify)•F*cld visit ennducted 1/28/2020 IMPORTANT NOTE The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. SO Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing RnEivEb an action. JUN 2 5 2020 DCM-MHD CITY Deceived MAY 1:, K",) x Cy W 0 co C C L c� 3 0 n2 _ m0 MAJOR PERMIT FEE MATRIX Api licant: Dawn Gagne Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: MINEEMENE 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- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See d can be a lied: ublic or commercial ment, if General $400 100%($400) 0%($0) uality Certification a 7 (See attached) a lied: General Water Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ® Quality Certification No. $400 60%($240) 40%($160) 4097 (see attached) cannot be apple id: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or RECEIVED open water areas: JUN 2 5 2020 DCM-MHD CITY Received From: Permit No.: Applicant's Name: J NC Division of Coastal Management Cashier's Official Receipt 8975 &B C D Date: `J 2042 $ 7 O D. L Check No.: n1 Z3 � County: l G� // � 44 r,L Please retain receipt for your records as proof of payment for permit issued. i G : Signature of Agent or Applicant: Date: Signature of Field Representative: r� Date: RECEIVED JUN 2 5 2020 DCM-MHD CITY ROY COOPER Govern ' MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 25, 2020 MEMORANDUM: NOR] it CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:252-247-3330 (Courier04-16-33) gregg. bodnar(o)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dawn Gagne Project Location: 2182 Pike Road in Currituck County Proposed Project: Dredge a man-made canal and construct a new bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grepa Bodnar at the address above by July 16, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE RECEIVED North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 JUN 2 5 2020 DCM-MHD CITY DCM Coordinator: Greg Bodnar Distributed Yes® No 0 Applicant: Dawn Gagne Distribution Date: 6/25/2020 AGENCY ECRO Community Develo ment/LPO Jake Hair DCM Planner Charlan Owens E/izaty US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort, Carteret Craven, ElizCity, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Clif Whitfield Marine Fisheries Anne Deaton WARD/ECRO James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Samir Dumpor Storm water- Roger Thorpe DWR 401- Anthony Scarbraugh WRC Maria Dunn (WARD) National Heritage Program Rodney Butler RECEIVED JUN 2 5 2020 DCM-MHD CITY C:\Users\emgodfrey\Documents\Major Permits\Janice Olsen\Mal Comment Distribution Sheet -Janice H. Olsen.docx Revised: 6/29/2018 —This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major permit Application Computer Sheet (611912020) Date of initial application submittal (EX..1/d2007): &1W020 Date application 'received as complete' in the Field ofice (0(. 1/WM7): W &2020 Permit Authorization: ❑CAMA Dredge & Fill CgBoth SITE DESCRIPTION/PERMIT INFORMATION PAW []Yes ®No Photos Taken: Yes ® No❑ Setback Required (riparian): ❑Yes ®No Critical Habitat: Yes ®No Not Sure 15 foot waiver obtained: C3 Yes ZNo Hazard Notification Returned. - [I Yes ®No SAV: Yes No ❑Not Sure Shell Bottom: ❑Yes ®No Not Temporary Impacts: ®Yes No Sure Sandbags: 0 Yes ZNo Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP:®Yes ❑No []Yes ®No Moretodum Conditions: OYes ❑No Environmental Assessment Done: ®NA [I Yes ❑No®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) 0 Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) U Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Judscichonal ❑ (LS) Sea lavender (Limonium sp.) (SS) Glassmd ( Saltoomta So wetlands) (CJ) Saw grass (Cladtum jamaicense) ❑ (SA) Salt marsh corograss (Spartina (SY) Salt reed grass (Spariina altemifiore) cynosureides) (DS) Salt or spike grass (Dishchlis N (SC) Bulliush or three square (Scirpus 0 (TY) Cattail (Typhe sp.) spicate) SO (JR) Black needlerush (Juncus El (SP) SaWmeadow grass (Sparfina memerfanus) patens) APPLICATION FEE No fee required - $0.00 CT —III(A)Private w/D&F up to 1 acre; 0 lll(D) Pdv. public or comet w/D&F to 1 3490 can be applied - $250 acre; 3490 can? be applied - $400 Minor Modfication to a CAMA Major 0 Major Modification to a CAMA Major U IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 0 III(B) Public or commercial w/D&F to 1 0 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - 0 Il. Public or cornmemial/no dredge $100 and(or fiN - $400 1. Private no dredge and/or fill - $250 111(C) Priv. public or comet w /)&F to 1 RECEN acre; 3490 can be applied; DCM needs DWQ agreement - $400 252.808-2808 :: i-888-4RCOAST :: www.necoastalmananoment.mwt :D JUN 020 reviact x-MwE) CITY NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Dawn Gagne Date:611912020 Descdbe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Acdrity Name Number Choose One Choose One Dimension I Obnendon 2 Dimension 3 Dimension 4 Bulkhead (Not I New Work ® Replace 197' 1 ' S' M14W Wood) Maint ❑ ❑ Y ® N Access Channel I New Work ® Replace 180' 40' 4.5' (Canal) Maint ❑ ❑ Y ® N Fill (Shoreline I New W-kMF Replace 427)4' stabilization Maint ❑ ❑ Y ® N below NWL Spoil 1 New -Work® Replace 40, 40, Maint ❑ ❑ Y ® N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Worn CF Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wart` Replace RECEIVE Maint ❑ ❑ Y ❑ N 11119570711 revised Nov. 2012 DCM-MHD CITY NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant., Dawn Gagne Date: &19/2020 Describe below the HABITAT disturbances for the application. Alt values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration an&br temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount High Ground Dredge ❑ Fa ❑ Both ❑ Other ® 5,540 5,540 Shallow Bottom Dredge ❑ Fill ❑ Both ® Other ❑ 8,158 8,158 Shoreline Dredge ❑ Fill ® Both ❑ Other ❑ 197 197 Dredge ❑ Fit ❑ Bofh ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ RECEIVED JUN 2 5 2020 252-808-2808 :: 1-8884RCOAST :: www.occoastalman.igeaient.net r v e D��- 111) ERY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Dawn Gagne 2181 Pike Road Corolla, N.C. 27927 Dear Ms. Gagne: NORTH CAROLINA £nyrronmentaf QuaW Re: CAMA Major Permit Review for 2182 Pike Road June 5, 2020 On May 18, 2020, the NC Division of Coastal Management acknowledged receipt of your preliminary application located in Corova Beach, Curdtuck County. An initial screening of the submittal package was conducted, which revealed certain deficiencies that required your attention. The entire original application was returned to you, with an office copy retained for my review. On June 5, 2020, our office received documents for your re -submittal of the application. My office must receive the following data before the Major Permit Application can be accepted as complete: 1) On the site plans. a) If the drawings show what you are proposing accurately you need to sign and date each one. If you have any questions regarding this correspondence or the permit process, please don't hesitate to contact me. Sincerely, CJF t�� Robert Corbett Coastal Management Representative cc: Ron Renaldi, District Manager, DCM, Elizabeth City Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City D_ Q�� RECEIVED JUN 10 2020 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Mamgement Elizabeth City Office 1 401 South Griffin Street, Suite 301 1 Elizabeth City, North Carolina 27909 252264.3901 P�cp Roe40 f e�� Q0 P Or . a .. / 30' GltMh i3MF�?� mow.C� e� it. 1` rn'�G Ccas;•al 4urir.Js Ex ow+aof� „efts is 6,a�.7 deceived JCM-EC