HomeMy WebLinkAbout148-21 RDB Holdings LLC4i -%
Permit Class Permit Number
NEW 148-21
STATE OF NORTH CAROLINA
DP„vartment of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to RDB Holdings LLC., PO Box 1946, Nags head, NC 27959
Authorizing development in Dare County at adi. to Roanoke Sound, 6920 S. Croatan
Hwy, in Nags Head , as requested in the permittee's application dtd 7/7/21 (MP-1) and 7/21/21 (MP-4), incl
art workplan drawings (2), Sheet C201 dtd "Revised 11/3/21" and Sheet C202 dtd "Revised 7/6/21".
This permit; issued on November 8, 2021 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
tf these terms may be subject to tines, imprisonment or civil action; or may cause me permit to oe nun anu vote.
Docking Facility Expansion
1) This permit authorizes only the demolition or repair of the existing structure and the docks, piers, tie
pilings and two mooring buoys, and other structures and uses located in or over the water that are
expressly and specifically set forth in the permit application. No other structure, whether floating or
stationary, shall become a permanent part of this docking facility without permit modification. No
non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without
permit modification.
2) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed
six feet in width and shall be elevated a minimum of three feet above the wetland substrate as
measured from the bottom of the decking.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
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.
Signature of Permittee
a-- s
RDB Holdings LLC.
ADDITIONAL CONDITIONS'
Permit No. 148-21
Page 2 of 4
3) This permit authorizes four (4) formalized boat slips located at the docking facility and two (2)
formalized freestanding mooring buoys,, for a maximum of six (6) formalized boat slips, as shown on the
drawing labeled C201. The docking of vessels at any location not shown on the permitted drawings shall
be considered a violation of this permit.
4) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource
agencies, the freestanding mooring buoys shall only be used for non -motorized vessels.
5) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
8) Freestanding moorings shall be marked or colored in compliance with U.S. Coast Guard and NC
Wildlife Resources Commission requirements and the required marking maintained for the life of the
moorings.
9) Freestanding moorings must bear the owner's name, state vessel registration numbers and/or U.S.
Customs Documentation numbers. Required identification must be legible for the life of the moorings.
10) The type of material used to anchor the mooring buoys must be non-polluting and of sufficient weight
and design to safely anchor the buoy and vessel.
11) No sewage, whether treated or untreated,, shall be discharged at any time from any boats using the
docking facility and freestanding moorings. Any sewage discharged at the docking facility and
moorings shall be considered a violation of this permit for which the permittee is responsible. This
prohibition shall be applied and enforced throughout the entire existence of the permitted structure.
12) The mooring and attached vessel shall have a minimum setback distance of 15 feet between any parts of
the structure and the adjacent property owner's riparian access corridor.
13) The mooring field shall display a sign showing the location of the nearest pumpout facility, including
other appropriate waste disposal information.
14) If freestanding moorings are to be replaced, the moorings shall comply with those guidelines of the
Division in place at that time.
RDB Holdings LLC.
'ADDITIONAL CONDITIONS
Breakwater
Permit No. 148-21
Page 3 of 4
15) The permittee shall remove the existing breakwater prior to the initiation of construction of the
authorized breakwater.
16) The height of the permitted breakwater shall not exceed 12 inches above mean high water level.
17) The permitted breakwater shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles
or other suitable materials approved by Department personnel.
18) The breakwater shall be marked with yellow reflectors extending at least three feet above mean high
water at both ends of the authorized breakwater.
19) No backfill of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high
ground is authorized by this permit.
20) The breakwater shall have a minimum setback distance of 15 feet between any parts of the structure and
the adjacent property owner's area of riparian access.
21) Perpendicular sections, return walls or sections which would enclose estuarine waters or public trust
areas shall not be allowed under this permit.
Upland Development
22) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the stairs and walkway, all
as expressly and specifically set forth in the attached permit application and workplan drawings.
Sedimentation and Erosion Control
23) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
24) 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.
General
25) 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.
26) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
27) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
RDB Holdings LLC. Permit No.148-21
Page 4 of 4
ADDITIONAL CONDITIONS'
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
from the Town of Nags Head.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-01767).
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. 2021-0449.
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 high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
DIVISION OF COASTAL MANAGEMENT
I 1 Application Processing Notes
Applicant: _ KR$ 11 �1 J` ;43S , LAC
Type: (Check all that apply)
New Major Mod Permit# _ Minor Mod
Permit Coordinator: '50cLW
Field Representative: 1VOn0z_ CoXVet
Date Time
VL"4ai
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Renewal _ Transfer
Message
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8CM Mr-1I
APPLICATION for NFiSFIVED
Ma,or Development Permit JUL - 9 2021
(last revised 12/27/06) D _ M-,EC
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
RDB Holdings, Llc
Kitty Hawk Water Sports
Applicant 1: First Name
MI
Last Name
Ralph
N/A
Buxton
Applicant 2: First Name
MI
Lest Name
Donna
N/A
Buxton
If additional applicants, please stlech an additional page(s) with names listed.
Mailing Address
PO Box
City
State
P.O. Box 1946
1946
Nags Head
NC
ZIP
Country
Phone No.
FAX No.
27959
USA
252-207-5810 ext.
N/A -
Street Address (if different from above)
City
Stale
ZIP
N/A
N/A
N/A
N/A -
Email
relphbuxton@gmaii.com
2. Agent/Contractor Information
RECEIVE
Business Name
Environmental Professionals, Inc.
Agentl Contractor 1: First Name
MI
Last Name
George
H.
Wood
Agent/ Contractor 2: First Name
MI
Last Name
NIA
NIA
N/A
Mailing Address
PO Box
City
state
N/A
3368
Kill Devil! Hills
NC
ZIP
Phone No. 1
Phone No. 2
27948
252-441-0239 ext
252-423.1234 ext.
FAX No.
Contractor #
N/A
N/A
Street Address (if different rrom above)
Ctty
State
21P
N/A
Kill Devil Hills
NC
27948 -
Email
obxwoodayahoo.com
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21
ITY
Form DCM MP-1 (Page 2 of 4)
RECEIVED
fill n 9M1
APPLICATION for
Major Development Permit
3. Project Location
County (can be mulb*)
Street Address DCM-EC
StateRd #
Dare
6920 S. Croatan Highway
Subdivision Name
City
State
Zip
N/A
Nags Head
NC
27959 -
Phone No.
Lot No.(s) (d many, attach additional page with list)
252 - 207 - 5810 ext. N/A
6, 11, Block 14, Portion of Lots 6 & 7, Portion of Block 17
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Roanoke Sound
c. Is the water body identified In (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade []Unknown
Roanoke Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ❑No
work falls within.
Nags Head
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Sae of entire tract (sq.ft.)
339
57,357.25
c. Sae of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water love#
(If many lot sizes, please attach additional page with a list)
+/- 4' ❑NHW or ®NWL
e. Vegetation on tract
Landscape plants, Andropogon, Phragmites, Spartina cynosuroides, Spartina patens, Juncus roemerianus, Spartina
alterniflora, Cladium jamaicense
f. Man-made features and uses now on tract
Currently a recreational facility & boat rental uses on tract, bumper boat pool, 1-story framed building, tiki hut, wood shed,
drive aisle, parking, fuel tank, wooden walkway, portable kayak stand, wooden benches, pier, breakwater, boat launch, rip -
rap
g. Identify and describe the existing land uses a 'acen to the proposed project she.
Commercial - restaurant to north, putt -putt golf course to south
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
C2 General Commercial District/Commercial Recreational
(Attach zoning compliance certificate, if applicable)
Use Overlay
®Yes ❑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 f involve a ❑Yes l@No ❑NA
RECEIVE
National Register listed or eligible property?
<Form continues on next page>
AUG 0 4 2021
DCM-MHD CITY
252.808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
RECEIVEDMajor Development Permit
m. (1) Are there wetlands on the site? JUL - 9 2021 Was ❑No
(ii) Are there coastal wetlands on the site? ®Yea ❑No
(iii) If yes to either (1) or (ii) above, has a delineation been conducted? DCM `E C ❑Ye, ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities
On -site ground absorption system
RECEIVED
o. Describe existing drinking water supply source.
Municipal DCM_
p. Describe existing storm water management or treatment systems.
Infiltration compliant with Town of Nags Head Slomlweter Management Ordinance at construction.
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment
❑Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The project will provide the same services. The project is to update and reconfigure the walkway and in -water docks to
enhance safety and customer water access. No new uses are proposed.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The walkway replacement will be accomplished by water jet to set pilings and hand tools to construct walkway. in water
portion will utilize water jet to set pilings and front-end loader to set marine concrete decking, Machinery and materials will be
stored on the existing parking lot.
d.
List all development activities you propose.
(See Attached Sheet)
e.
Are the proposed activities maintenance of an existing project, new work, or both? Both
f.
What Is the approximate total disturbed land area resulting from the proposed projed? +/- 1,280 C98q.Ft or ❑Acres
g.
Will the proposed project
encroach on any public easement, public accessway or other area ®Yea ❑No ❑NA
that the public has established
use of7
h.
Describe location and type of existing and proposed discharges to waters of the state.
None
I.
Will wastewater or stormwater be discharged into a wetland? ❑Yea ®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>
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DCM MP -I — APPLICATION FOR MAJOR DEVELOPMENT PERWr
JUL 2 1 2021
5. Activities and Impacts rl
d. List all development activities you propose: D C -M
E C
130 L.F. of existing wooden walkway replaced in -kind
28.5 L.F. of existing wooden walkway replaced with concrete walkway
50 Feet of existing wooden pier to be removed and replaced with 2461.67"
concrete pier
New 31.5 foot breakwater
4 slips
4 mooring buoys
Dimensions
SauareFee
• Open Deck Hl
15' 6" x 25' 0"
387.5
Lower Open Deck
4' 0" x 64' 0"
256.0
Open Deck N2
6' 0" x 24' 6"
147.0
Floating Dock 41
18' 4 vic x 58' 4"
1069.7
Floating Dock N2
3' 4" x 20'
66.7
Floating Dock M3
3' 4" x 13' 4"
44.4
Gangway Over Water
3' 4" x 7' 0"
23.3
1,994.6
0
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
B. 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) — (I) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detalled to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (wish 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.
f. 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 16 Mile Post, LLC do Bryan Wlson Phone No.
Address P.O. Box 324, Nags Head, NC 27959
Name Worldwide Goff Associates Phone No.
Address 615 N. Birdneck Road - Suite 106 - Virginia Beach, VA 23451
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project trod. Include permit numbers, pemdllae, and issuing dates.
Maintenance & Repair 021-03 January 29, 2021 CAMA Permit 823477A - Issued June 1, 2000
CAMA Minor Exemption 011-89 - Issued November 2, 2011 CAMA Exemption Issued February 1g, 2019
h. Signed consultant or agent authorization form, ff applicable.
I. Welland delineation, if necessary. NIA
j. A signed AEC hazard notice for projects in oceardrorrl and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad.
7. Certification and Permission to Enter on Land
I understand that any peril 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.
1 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 July 7, 2021 Print Name George H. Wood /r t
Signature /G/! R C"L 4 `r �t D
Please indicate application attachments pertaining to your proposed project. G' 4.::
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts JUL - 9 2021
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information RECEIVED
AUG 0 4 2021
252.808-2808 :: 1-9_8`8-4RCOAST :: www.nccoastalmaiiagement.net
RErEivF=n
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
JUL - 9 20Z1
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.
1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable
a. (i) Is the docking facility/marina: b. (1) Will the facility be open to the general public?
®Commercial ❑Public/Government ❑Private/Community ®Yea ❑No
c. (i) Docks) andlor pier(s)
(ii) Number
(iii) Length (See Attached)
IN) Width
(v) Floating ®Yes ❑No
e. (i) Are Platforms included? ®Yes ❑No
If yes:
(ii) Number
(iii) Length (See Attached)
(iv) Width
(v) Floating ®Yes ❑No
Note: Roofed areas are calculated from dnpline dimensions.
g. (i) Number of slips proposed
4
(ii) Number of slips existing
0
I. Check the proposed type of siting:
❑ Land cut and access Channel
❑Open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other; please describe:
k. Typical boat length: Less than 24 feet
m. (i) Will the facility have tie pilings?
®Yes ❑No
(ii) If yes number of tie pilings?
9
it. (i) Are Finger Piers included? []Yes ®No
If yes:
(ii) Number NIA
(iii) Length N/A
(iv) Width N/A
(v) Floating ❑Yes ®No
f. (i) Are Boatlifts included? []Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
® Dockage (-wet slips) only, number of slips: 4
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
8 iet skis. 1 6-oassenoer tour boat (24 feet). 30 non -
powered craft (kavaks. Daddle boards. sailboats), 3-power
boats (less than 24 feet), 2 rescue et skis
I. (i) Will the facility be open to the general public?
®Yea ❑No RECEIVED
252-808.2808 :: 1.88B-4RCOAST :: www.nccoastalmanagement.net
rr��/�A■■�UG�s�r0ey4 2p0�2a11
YViN`slsHD C ® d
revised: 1212V06
DCM MPA
M 2 1 2021
DCM-EC
1. DOCKING FACILITY/MARINACHARACTERISTICS
C. Three Docks & Pier
New & Replacement Pier
246'.67" x 6'
1480 s.f.
Floating Dock #1
18' 4 1/16" x 58' 4"
1069.7 s.f.
Floating Dock N2
3' 4" x 20'
66.7 s.f.
Floating Dock #3
3' 4" x 13' 4"
44.4 s.f.
Gangway
3' 4" x 7' 0"
23.3 s.f.
e. Three Decks
Open Deck 41
15' 6" x 25' 0"
387.5 s.f.
Lower Deck
4'.0" x 64' D"
256.0 s.f.
Open Deck#2
6'0"x24'6"
147,0 s.f.
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: N/A; Location: N/A
❑Showers RECEIVED
❑ 8oatholding tank pumpout; Give type and location: N/A
b. Describe treatment type and disposal location for all sanitary wastewater. JUL - 9 2021
On -site ground absorption
c. Describe the disposal of solid waste, fish offal and trash.
None
d. How will overboard discharge of sewage from boats be controlled?
Not allowed
e. s (1) Give the location and number of "No Sewage Discharge'signs proposed.
None
(ii) Give the location and number of "Pumpout Available" signs proposed.
None
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
N/A
g. Where will residue from vessel maintenance be disposed of?
N/A
It. Give the number of channel markers and 'No Wake" signs proposed. 0
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
Fuel tank on high ground - shutoff valve - two locations - fire supression system
j. What will be the marina policy on overnight and live -aboard dockage?
Not Allowed
k. Describe design measures that promote boat basin gushing?
Open Water
I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED
N/A
m. Is the marine/docking facility proposed within a primary or secondary nursery area? AUG 0 4 2021
❑Yes ®No
DCM-MHD CITY
252.808.2808 :: 1.8884RCOAST :: www.nccoasta,imanagement.net revised: 12127106
Form DCM MP-4 (structures, Page 3 of 4) RECEIVID
n. Is the marinaidocking facility proposed within or adjacent to any shellfish harvesting areal
[]Yes ®No JUL 9 YU21
o. Is the madnaldocking facility proposed within or adjacent to coastal wettandslmarsh (CW), submerged aquatic vegetation (SA s II bo om._
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. r�_ C
New SooOSAV 100 ❑SB
OWL 1000 []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (1) Is the boathouse strueture(s):
❑Commercial ❑PubliclGovemment ❑PrivatetCommundy
(ii) Number _
(III) Length
(iv) Width
Note: Roofed areas are calculated from driplme dimensions.
4. 'GROIN (e.g., wood, shestione, etc. If a rock groin, use MI Excavation and Fill.) ®This section not applicable
a. (i) Number
(h) Length
(ill) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.)
a. Length 31.5
c. Maximum distance beyond NHW, NWL or wetlands
100
[I This section not applicable
b. Average distance from NHW, NWL, or wetands
90
6. MOORING PILINGS and BUOYS ❑This section not applicable
a. Is the structure(s):
OCommerclal ❑PublidGovernment ❑PrlvatelCommunity
c. Distance to be placed beyond shoreline 115
Note: This should be measured fmnr marsh edge, if present.
e. Arc of the swing 2 at 2V S 2 al 15'
7. GENERAL
b. Number 4
d. Description of buoy (color, Inscription, size, anchor, etc.)
Orange buoys on anchor
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
252-808.2808:: 1.888.4RCOAST :: www.nccoastalmanagemgnt.net revised: 12127106
Form 0CM MP-4 (Structures, Pago 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proxlmityy of structure(s) to adjacent docking facilities.
19, 38'
Note: For buoy or mooring piling, use are of swing inctuding kfVM
of vessel.
C. Width of water body
22 miles
e. (p Will navigational aids be required es a result of the project?
DYes ®No DNA
(i) If yes, explain whet type and how they will be implemented.
N/A
d, Water depth at wsterward end of structure at NLW or NWL
8. OTHER
El This section not applicable
a. Give complete description, -
130 L.F. of existing 6' wide walkway to be replaced with 6' wide wooden walkway (780 s.f.). 26' 9" long by 6wide wooden
walkway to be replaced with 6' wide concrete walkway (160.5 s.f.)
July 21, 2021
Date
RDB Holdings, LLC
Project Name
Ralph d Donna Buxton
Appa nt Ne
A licent Signature _
JUL 2 1 2021
DC'M-EC
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
252-808.2808 H 1.888-4RCOAST :: Mfflfvv.rfpp Im�naAelrlen[,nej revlaaAl 12t47/06
DCM Coordinator: Permit
MAILING DISTRIBUTION SHEET
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DCM Field Offices
Elizabeth City
/
��p&e 04 Washington (with revised work plan drawings)
Morehead City
Wilmington (OBJECTIONS )
US ACOE Offices:
Washington:
Mleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, 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:
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
Clif Whitfield (WARD)
Jimmy Harrison
Washington: Chris Pullinger-401
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
John Perry — 401 (TBD)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
7
(NCDOT) Travis Wilson
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: RDB Holdings, LLC COUNTY: Dare
PROJECT NAME: Kitty Hawk Water Sports
LOCATION OF PROJECT: 6920 S. Croatan Hwy, US 158, Nags Head
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-21-21
FIELD RECOMMENDATION: Attached: No
To Be Forwarded: Yes
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
FIELD REPRESENTATIVE: Yvonne Carver DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: Date 43A/ I d I
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (6W40) M III(D)
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 8-8-21
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 10-4-21
EMAIL OUT DATE: 8-4-21
PERMIT FINAL ACTION: ISSUE __ DENY
END OF NOTICE DATE: 8-28-21
DEED REC'D: Yes
150 DAY DEADLINE: Iz%e
STATE DUE DATE: 8-25-21
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM — Field Rep
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DCM — LUP Consistency Determinationjp
Local Permit Officer
Corps of Engineers— Regulatory Branch
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DWR-401 Section
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D WR — Public Water Supply
DEMLR—Stormwater
DEMLR — Sod and Erosion
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DOA — State Property Office
Wildlife Resources Commission
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DMF — Shellfish Section
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DMF — Habitat & Enhancement
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DNCR— Archives&History
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce
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D(�
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dtre mr
TO:
FROM:
THROUGH
DATE:
SUBJECT:
NORTH CAROLINA
Environmental Quality
Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management, Morehead City
Yvonne Carver, Field Representative#
Ron Renaldi, District Manager
09/02/2021
RECEIvr
SEP 2 2021
help SECTION MHD
Recommendations for Major Permit Application submitted on behalf of: ROB Holdings,
LLC; Project Name: Kitty Hawk Water Sports
The applicant(s), Ralph and Donna Buxton of ROB Holdings, LLC, are proposing renovations and
improvements to their recreational watersports business that is located at 6920 S. Croatan Hwy, US 158, in
Nags Head, Dare County., The project includes upgrading and extension -of a pier, new -Floating -docks,
open decks, slips, fire suppression stand pipe, and replacement of a breakwater, stairs, and walkway.
The development proposed will involve the Estuarine Waters (EW), Public Trust Areas (PTA) and Coastal
Shoreline (CS) AECs.
I have reviewed the Rules of the Coastal Resources `Commission (CRC) as they pertain to this project, and
my findings are as follows:
15A NCAC 071-1.0206 ESTUARINE WATERS & 15A NCAC 07H .0207 PUBLIC TRUST AREAS
Suitable land/water uses shall be those consistent with the management objectives in these Rules. Highest
priority of use shall be allocated to the conservation of estuarine waters and their vital components.
Second priority of estuarine waters use shall be given to those types of development activities that require
water access and use which cannot function elsewhere such as simple access channels; structures to
prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings, In every
instance, the particular location, use, and design characteristics shall be in accord with the general use
standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this
Section.
In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be
used by the public for navigation or other public trust rights which the public may be found to have in these
areas shall not be allowed. The development of navigational channels or drainage ditches, the use of
bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may
be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust
rights and the biological and physical functions of the estuary. Projects which would directly or indirectly
block or Impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high
North Carolina Department of Environmental Quality I Division of Coastal Management
Eltzabelh City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909
2522b43901
water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of
shellfish waters are considered incompatible with the management policies of public trust areas. In every
instance, the particular location, use, and design characteristics shall be in accord with the general use
standards for coastal wetlands, estuarine waters, and public trust areas.
Consistent: The proposal for redevelopment of an existing watersports business meets the intent
of these rules.
15A NCAC 07H .0208 USE STANDARDS
(b) Specific Use Standards
(6) Piers and Docking Facilities.
(A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if
the greater width is necessary for safe use, to improve public access, or to support a water
dependent use that cannot otherwise occur;
Consistent: The proposed pier will be 6' in width.
(B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier)
allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet.
In calculating the shaded impact, uncovered open water slips shall not be counted in the total.
Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the
greater dimensions are necessary for safe use, to improve public access, or to support a water
dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas;
.Consistent:.The total square feet (sf) proposed through the development of open decks, floating
docks, and gangway over the water is 1,994.6 sf. r
(C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be
elevated at least three feet above any coastal wetland substrate as measured from the bottom of
the decking;
Consistent: The walkways to be replaced will be over 404 wetlands, and will be elevated at a 3'
minimum.
G) Pier and docking facility length shall be limited by: (i) not extending beyond the established pier or
docking facility length along the same shoreline for similar use; (This restriction does not apply to
piers 100 feet or less in length unless necessary to avoid unreasonable interference with
navigation or other uses of the waters by the public); (ii) not extending into the channel portion of
the water body; and (iii) not extending more than one-fourth the width of a natural water body, or
human -made canal or basin. Measurements to determine widths of the water body, canals or
basins shall be made from the watenvard edge of any coastal wetland vegetation that borders the
water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of
Engineers, or a local government in consultation with the Corps of Engineers, has established an
official pier -head line. The one-fourth length limitation shall not apply when the proposed pier is
located between longer piers or docking facilities within 200 feel of the applicant's property.
However, the proposed pier or docking facility shall not be longer than the pier head line
established by the adjacent piers or docking facilities, nor longer than one-third the width of the
water body.
(1) Piers and docking facilities shall not interfere with the access to any riparian property and shall
have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent
property owner's areas of riparian access. The line of division of areas of riparian access shall be
established by drawing a line along the channel or deep water in front of the properties, then
drawing a line perpendicular to the line of the channel so that it intersects with the shore at the
RECEIVED
SEP 2 2021
MP SECTION MGMU
point the upland property line meets the water's edge. The minimum setback provided in the rule
may be waived by the written agreement of the adjacent riparian owner(s) or when two adjoining
riparian owners are co -applicants. If the adjacent property is sold before construction of the pier or
docking facility commences, the applicant shall obtain a written agreement with the new owner
waiving the minimum setback and submit it to the permitting agency prior to initiating any
development of the pier. Application of this Rule may be aided by reference to the approved
diagram in 15A NCAC 07H .1205(t) illustrating the rule as applied to various shoreline
configurations. Copies of the diagram may be obtained from the Division of Coastal Management.
When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier
shall be aligned to meet the intent of this Rule to the maximum extent practicable as determined by
the Director of the Division of Coastal Management;
Consistent: The proposal meets these rules.
15A NCAC 07H .0209 COASTAL SHORELINES (Estuarine shorelines and Public Trust shorelines AECs)
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in this
Rule. These uses shall be limited to those types of development activities that will not be detrimental to the
public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort
shall be made by the permit applicant to avoid or minimize adverse impacts of development to estuarine
and coastal systems through the planning and design of the development project. Development shall
comply with the following standards:1) All development projects, proposals, and designs shall preserve
natural barriers to erosion, including peat marshland, resistant clay shorelines, and cypress -gum protective
fringe areas adjacent to vulnerable shorelines. 2) All development projects, prgposals, and designs shall,.
limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is
necessary to service the primary purpose or use for which the lot is to be developed. Impervious surfaces
shall not exceed 30 percent of the AEC area of the lot, unless the applicant can demonstrate, through
innovative design, that the protection provided by the design would be equal to or exceed the protection by
the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation
shall be permitted if impervious areas are not increased and the applicant designs the project to comply
with the rule to the maximum extent feasible. 3) All development projects, proposals, and designs shall
comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of
1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin
of the estuarine water that is sufficient to confine visible siltation within 25 percent of the buffer zone
nearest the land disturbing development; (B) No development project proposal or design shall propose an
angle for graded slopes or fill that is greater than an angle that can be retained by vegetative cover or other
erosion control devices or structures; (C) All development projects, proposals, and designs that involve
uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30
working days of completion of the grading; unless the project involves clearing land for the purpose of
forming a reservoir later to be inundated. 4) Development shall not have a significant adverse impact on
estuarine and ocean resources. Significant adverse impacts include development that would directly or
indirectly impair water quality increase shoreline erosion, alter coastal wetlands or Submerged Aquatic
Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause
degradation of shellfish beds. 5) Development shall not interfere with existing public rights of access to, or
use of, navigable waters or public resources. 6) No public facility shall be permitted if such a facility is likely
to require public expenditures for maintenance and continued use, unless it can ,be shown that the public
purpose served by the facility outweighs the required public expenditures for construction, maintenance,
and continued use. 7) Development shall not cause irreversible damage to valuable, historic architectural
or archaeological resources as documented by the local historic commission or the North Carolina
RECEIVE®
SEP 2 2021
NIP SECTION MHD
Department of Natural and Cultural Resources. 8) Established common-law and statutory public rights of
access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted.
Development shall not encroach upon public accessways nor shall it limit the use of the accessways. 9)
Within the AECs for shorelines contiguous to waters classified as ORW by the EMC, no CAMA permit shall
be approved for any project that would be inconsistent with rules adopted by the CRC, EMC or MFC for
estuarine waters, public trust areas, or coastal wetlands. For development activities not covered by specific
use standards, no permit shall be issued if the activity would, based on site -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 certain exceptions noted. The following conditions
would be applicable to the redevelopment proposal: (A) Water -dependent uses as described in Rule
07H .0208(a)(1) of this Section; (D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use
and six feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public
use or need; and (H) Development over existing impervious surfaces, provided that the existing impervious
surface is not increased.
Consistent: The proposal for redevelopment of the existing walkways in the Coastal Shoreline AEC
meet the intent of these rules.
Based on my review of the applicable subsections of the NC Administrative Code, the permit application,
and plans submitted, I recommend a Major Permit be issued to the applicant based on their current
proposal, and subject to the standard permit conditions.
SEP 2 2021
P SECTION MHD
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 4, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quailty
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)
grgggbodnar@ncdenr.eov
SUBJECT: CAMA Review
Applicant: RDB Holdings, LLC
Project Location: 6920 S. Croatan Hwy, US 158, Nags Head In Dare County
Proposed Project: Improvements to an existing recreational site to include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater,
replacement of walkways and replacementlextension of an existing pier
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by August 25, 2021. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Christa Sanderford q p�
AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality t t° ���
SIGNATURE � Sa,_a ai{ea for Shannon Jenkins
AUG 2 3 2021
DATE 8/24/2021
FAP SECTION RUM
North Carolina Department of Environmentat Quarry I Divislm of Coastal Management
Elizabeth City office 1401 South Griffin Street. Sulte300I Elizabeth City. North Carolina 27909
252.2643901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 4,2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
Received:8/30/2021
Historic Preservation Office
ER 21-2037
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)
gr.egg.hodnarCla ncdenceov
SUBJECT: CAMA Review
Applicant: RDB Holdings, LLC
Due: 9/6/2021
09/07/20221 NC —NCH
Project Location: 6920 S. Croatian Hwy, US 158, Nags Head in Dare County
Proposed Project: Improvements to an existing recreational site to Include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater,
replacement of walkways and replacementlextension of an existing pier
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grege Bodnar at the address above by August 25, 2021. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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 L E EED
AGENCY Historic Preservation Office
SIGNATURE
DATE
(,,,,,W.61;D2-"
09/09/2021
SEP 1 4 2021
Z North Carolina Department of Environmental Quality I Division of Coastal Management
---=-�� — - Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth city, North Carolina 27909
2522643901
9
September 10, 2021
Regulatory Division
ORM ID No. SAW 2021-01767
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application of RDB Holdings, LLC - Kitty Hawk Water Sports for a
Department of the Army permit to improve an existing commercial recreational business site,
including new floating docks, open decks, boat slips, mooring buoys, breakwater, and repair and
replacement of existing walkways and piers, on property located at 6920 S. Croatan Highway,
adjacent to the Roanoke Sound, in Nags Head, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
3. 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.
..Pvk-> c
4. 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.
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 N.C. Division of Water Quality at (919) 733-5083,
Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
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 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.
8. 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 113A Article 4).
9. 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.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone (910) 251-4564.
Sincerely,
9&,d, 5AUJ, '
Raleigh Bland, S.P.W.S.
Regulatory Project Manager
Copies Furnished:
N.C. Division of Water Quality, Wetlands Unit
2321 Crabtree Blvd, Parkview Building
Raleigh, North Carolina 27604
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Ms. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ron Renaldi, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
Bodnar, Gregg
From: Kelly Wyatt <Kelly.Wyatt@nagsheadnc.gov>
Sent: Tuesday, October 19, 2021 1:05 PM
To: johnd@albemarleassociates.com; Bodnar, Gregg
Subject: [External] RE: KH Watersports CAMA Permit
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Good Afternoon Mr. Bodnar,
Thank you for your patience. The Town is comfortable with this plan, it is substantially compliant with what our Board
of Commissioners approved at their February 17, 2021 meeting. Mr. Buxton understands that upon submittal for Town
building and zoning permits additional approvals may be required.
Thank you, please let me know if you have any questions.
Kelly
Kelly Wyatt
Deputy Planning Director
Nags Head Planning & Development Department
5401 S. Croatan Highway
Nags Head, NC 27959
Direct: 252-449-6042
Kelly.wvatt@nagsheadnc.gov
Do you have a zoning related question? Please consider emailing your question to zoninaCdnaasheadnc.aov for o response or to be
referred to the appropriate staff person. Thank you.
From: John Delucia <johnd@albemarleassociates.com>
Sent: Thursday, October 14, 20214:36 PM
To: Kelly Wyatt <Kelly.Wyatt@nagsheadnc.gov>
Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: FW: KH Watersports CAMA Permit
Importance: High
Hi
I sent this out on Monday and realized that your email was wrong. Can you please email Gregg Bodnar that the Town is
OK with this plan. He is only waiting for a response from the town at this point and they are ready to issue Ralph
Buxton's permit. I was unaware that this bounced when I sent it on Monday. I have recopied Gregg so you can just
respond to this email
Thanks so much
Sincerely:
1007,171,
John M. DeLucia, PE
Vice President
Albemarle & Associates, Ltd.
J oh nd (c)Albema rleAsso ci ates. com
www.AlbemarleAssociates.com
PO Box 3989, Kill Devil Hills, NC 27948 (Mail)
115 West Saint Clair Street, Kill Devil Hills, NC 27948 (Street Address)
Ph 252-441-2113 Fax 252-441-0965
CONFIDENTIALITY NOTICE. This message, including any accompanying documents or attachments, may contain information that Is confidential or that is
privileged. If you are not the intended recipient of this message, please note that the dissemination, distribution, use or copying of this message or any of the
accompanying documents or attachments is strictly prohibited. If you believe that you may have received this message in error, please contact me at 252-441-
2113 or by return a -mail.
From: John Delucia
Sent: Monday, October 11, 20212:31 PM
To: Kelly Wyatt (wvatt@townofnagshead.net) <wvatt@townofnagshead.net>
Cc: Ralph Buxton <ralphbuxton@gmail.com>; George Wood <obxwood@vahoo.com>; Bodnar, Gregg
<gregg. bod na r@ ncde n r.gov>
Subject: KH Watersports CAMA Permit
Hi Kelly,
Greg Bodnar informed us that the Town has not commented on the final CAMA permit submittal. I have attached the
most current site plan (that I have previously sent to you) for your convenience. I think that the Town is OK with this as
it has BOC Approvals now. Can you just respond to all in this email.
Thanks
Sincerely.,
John
John M. DeLucia, PE
Vice President
Albemarle & Associates, Ltd.
Joh nd(&AlbemarleAssociates. com
www.AlbemarleAssociates.com
PO Box 3989, Kill Devil Hills, NC 27948 (Mail)
115 West Saint Clair Street, Kill Devil Hills, NC 27948 (Street Address)
Ph 252-441-2113 Fax 252-441-0965
CONFIDENTIALITY NOTICE. This message, including any accompanying documents or attachments, may contain information that is confidential or that is
privileged. If you are not the intended recipient of this message, please note that the dissemination, distribution, use or copying of this message or any of the
accompanying documents or attachments is strictly prohibited. If you believe that you may have received this message in error, please contact me at 252-441-
2113 or by return e-mail.
ROY COOPER
Genrrmr
ELIZABETH S. BISER
secrercry
BRAXTON DAVIS
Orrector
August 4, 2021
MEMORANDUM:
STAFF
t i
NORTH CAROLINA
EnwimmentarQuarity
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fa„x,.:,.25,2��-�247-3330 (Courier 04-16-33)
gLygg,buduar0ncdenr.cav
SUBJECT: CAMA Review
Applicant: RDB Holdings, LLC
Project Location: 6920 S. Croatian Hwy, US 168, Nags Head in Dare County
Proposed Project: Improvements to an existing recreational site to Include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater,
replacement of walkways and replacementlexteneion of an existing pier
Please indicate below your agency's position or viewpoint on the proposed project and
return this fore to Groan Bodnar at the address above by August 25, 2021. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data Is requested.
REPLY: This agency has no objection to the project as
"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 ��aa
AGENCY NC Commerce RECEIVED
SIGNATURE
DATE 8-9-21 i Q q 202
IMP SECTION MHD
NonhCam9na0epmtmentafEmimnmental Qwl4 I nYlslanafCoortel Management
Elhaheth Chy OFna 14015omh Griffin Street. 5uhe3001 Elizabeth CRY. North Cmolhm27909
2522643901 -
ROY COOPER
Governor
ELMMETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 4, 2021
MEMORANDUM:
NORTH CAROLINA
EnvlronmenrarQuaaty
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)
eregg.bodnar(o)ncdenr.eov
SUBJECT: CAMA Review
Applicant: RDB Holdings, LLC
Project Location: 6920 S. Croatan Hwy, US 168, Nags Head in Dare County
Proposed Project: Improvements to an existing recreational site to Include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater,
replacement of walkways and replacementlextenslon of an existing pier
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by August 25, 2021. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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. DWR# 2021-0449
PRINT NAME Tina Martin Written Concurrence Required
AGENCY Division of Water Resources RECEIVED
SIGNATURE I U/rlM�l
DATE August 9, 2021 AUG q 2021
10P SECTION MHD
North Carolina Department of Environmental Quallty I Division of Coastal Management
Elizabeth City OFfko 1401 South Griffin Street. Suite 3001 Elizabeth City, North Carolna 27909
2522643901
ROY COOPER
GGVe M ,
ELIZABETH S. BISER
Secrerary
BRAXTON DAVIS
Dlrecror
August 4, 2021
MEMORANDt1M:
d„t ST/arp
NORTH CAROLINA
Env(ronmentarQuallty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
40G Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
gregg bodnarCla ucdenr goy
SUBJECT: CAMA Review
Applicant: RDB Holdings, LLC
Project Location: 6920 S. Croatan Hwy, US 168, Nags Head In Dare County
Proposed Project: Improvements to an existing recreational site to Include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater,
replacement of walkways and replacementlextension of an existing pier
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by August 25, 2021. It you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
ReAdditional 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 WCPnd4 Not at I t�
AGENCY wz- 04 �- d M
SIGNATURE t i ^N4A �
DATE OrLNw++'
R E �FEEO11ED
AUG 1 1 2021
North Caronna Department of Environmental Quality I Division of Coastal Management
eDE.Q� Elizabeth City office 1401 South Griffin Street, Sune3001 Elizabeth City. North Carolina 27909
o.A!�w 252.26,43901
ROY COOPER
covernor
ELIZABETH S BISER
Semtory
BRAXTON DAVIS
Director
August 4, 2021
NORTH CAROLINA
Environmental Qiialit y
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28667
Fax: 252-247-3330 (Cour/er0446-33)
area bodnar(OncdenC eov.
SUBJECT: CAMA Review
Applicant: RDB Holdings, LLC
Project Location: 6920 S. Croatan Hwy, US 168, Nags Head In Dare County
Proposed Project: Improvements to an existing recreational site to Include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater,
replacement of walkways and replacementiextensionof an existing pier
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gre ra Bodnar at the address above by August 25, 2021. If you have any
questions regarding the proposed project, contact Yvonne Carver (262-264-3901, ext. 237) 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
fco 1mm_Ien`t's./� % /
PRINT NAME 11n� Iljll 1W'glll�X lPl % RECEIVED
AGENCY Y tAlk Wgq- gppn�erke
SIGNATURE AUG 1 2 2021
DATE a" I
P SECTION PAM
North Carolina Department ofEnYhonmental Qualgy I Division of Coastal Management
Elizabeth City Office 1 401 South GrifnnStreet, Sulte300 I Elleabeth Cry, North Carolina 27909
.__ °...
a+ 2522643901
Bodnar, Gregg
From: Thorpe, Roger
Sent: Wednesday, August 18, 2021 3:13 FM
To: Bodnar, Gregg
Subject: CAMA Major - RDB Holdings, LLC, Improvements to existing recreational site, 6920 S.
Croatan Hwy, Nags Head, Dare County
Gregg
The subject project will not require a State stormwater permit.
Roger
Roger K. Thorpe
Environmental Engineer
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
252-948-3923 office
roger.thoroe(U)ncdenr.gov
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
E Q
6pWAINR 11' GNrMmwllg9 Oua11N
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
ROY COOPER
Gownar
ELIZABETH S. BISER
serretary
BRAXTON DAVIS
Director
August 4, 2021
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
greee hodn„,,,� ar@nedenr.eov
SUBJECT: CAMA Review
Applicant: ROB Holdings, LLC
Project Location: 6920 S. Croatan Hwy, US 168, Nags Head in Dare County
Proposed Project: Improvements to an existing recreational site to Include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater,
replacement of walkways and replacementlextenslon of an existing pier
Please indicate below your agency's position or viewpoint on the proposed project and
murmthis-/brmi -Greag-BodnaraNhe-address-above by-August-26,-20Z If -you -have -an
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data is requested.
_jL 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
AGENCY 1t1—CZI �t�7��
SIGNATURE )
DATE 0 (T7iZ -P-02-1
AUG 1 7 2021
NIP SECTION MH®
DEQy North Carolina Department of Envlronmenml Quality l Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City. North Carolina 27909
2522643901
0 . Ii
ROY COOPER
couernor
ELIZABETH S. BISER
Seawary
BRAXTON DAVIS
Director
August 4,2021
MEMORANDUM:
4D
NORTH CAROLINA
Ehviroammta/Q,uaary
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)
ErSBC• hodnarOncdenn uov
SUBJECT: CAMA Review
Applicant: RDB Holdings, LLC
Project Location: 6920 S. Croatian Hwy, US 158, Nags Head in Dare County
Proposed Project: Improvements to an existing recreational site to Include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater,
replacement of walkways and replacomentlextenslon of an existing pier
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 August 25, 2021. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data is requested.
This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINTNAME 'O ^'e c. 5
AGENCY V" e=vz — a e_—
MECEI`JE®
DATE — l �i — Lo�j A U G a 0 2021
ITP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
� Elizabeth City Onlce 14015outh crlrnn Street SUlte3001 Elizabeth City, North Carolina 27909
252.2643901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
RECEiI ED
AUG 2 n 2021
MEMORANDUM
TO: Gregg Bodnar, Major Permits Processing Coordinator PAP SECTION WD
Division of Coastal Management
FROM: Charlan Owen CP, NE District Planner
Division of Coalital Management
SUBJECT: Major Permit Request by RDB Holdings, LLC to install a 6 foot wide by 246 foot
long "hog slat' concrete pier, an 18 foot by 58 foot floating dock with a 3 foot by 7
foot gangway, a 3 foot by 20 foot floating dock, a 3 foot by 13 foot floating dock, a
16 foot by 26 foot open deck with a "U-shaped" 4 foot wide by 64 foot long lower
open deck, a 6 foot wide by 25 foot long open deck, nine (9) pilings, four (4) orange
mooring buoys on anchor, a 31.5 foot long breakwater, and a fire suppression
stand pipe on the Roanoke Sound; install two (2) sets of stairs, a 6 foot wide by
130 foot section of wooden walkway, and a 6 foot wide by 27 foot long section of
concrete decking on uplands, and; remove the existing pier, breakwater, two (2)
sets of stairs, and approximately 157 linear feet of wooden walkway; on the
property at 6920 S. Croatan Highway, in the Town of Nags Head.
DATE: August 19, 2021
Consistency Determination: The request is consistent with/not in conflict with the Town of
Nags Head 2010 Land Use Plan certified by the CRC on
February 24, 2011 as amended through December 12, 2013.
Overview: The subject property consists of a 1.32 acre site with approximately 339 linear feet of
shoreline along the Roanoke Sound. Water depths range from .62 to 3.4 feet below Normal Water
Level (NWL) between the shoreline and a distance approximately 250 feet from the shore. The
property has an elevation of approximately 4 feet above NWL. Section 404 wetlands and Coastal
Wetland species are located on the property. A sand beach is located at the shoreline, with marsh
fringe to the north and south. The property is located primarily in Floodzone AE (4) with an area
near the roadway located in a Shaded X zone.
The property is developed as a recreational/retail facility known as Kitty Hawk Water Sports. The
facility provides access to the sound for patrons who rent jet skis, recreational tour boats, kayaks,
paddle boards, sailboats, and powered boats. Existing site improvements consist of a bumper
boat pool with deck, retail building, septic drainfield and repair area, storage shed, tiki hut, fuel
North Carolina Department of Environmental Quality 1 Division of Coastal Management
_ Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
2522643901
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 3
stand, parking area with driveway and retaining wall, and wooden walkways. Existing shoreline
improvements consist of a continuation of wooden walkway that extends to a 6 foot wide by 50
foot long wooden pier with two (2) sets of stairs, a launch, benches, a portable kayak stand, a
31.5 foot long breakwater, riprap, and two (2) pilings.
Installation of a 6 foot wide by 246 foot long "hog slat' concrete pier, an 18 foot by 58 foot floating
dock with a 3 foot by 7 foot gangway, a 3 foot by 20 foot floating dock, a 3 foot by 13 foot floating
dock, a 16 foot by 26 foot open deck with a "U-shaped" 4 foot wide by 64 foot long lower open
deck, a 6 foot wide by 25 foot long open deck, nine (9) pilings, four (4) orange mooring buoys on
anchor, a 31.5 foot long breakwater, and a fire suppression stand pipe on the Roanoke Sound;
installation of two (2) sets of stairs, a 6 foot wide by 130 foot section of wooden walkway, and a 6
foot wide by 27 foot long section of concrete decking on uplands, and; removal of the existing
pier, breakwater, two (2) sets of stairs, and approximately 157 linear feet of wooden walkway are
proposed. The "hog -slat' concrete pier will replace the existing pier and extend access into the
sound with attached floating docks. The nine (9) pilings will accommodate four (4) open -water
slips. Two (2) mooring buoys will have an arc swing at 20 feet and the remaining two (2) will have
an arc swing of 15 feet. The improvements will provide expanded water access for business
patrons.
The waters of the Roanoke Sound in this area are classified as Coastal Waters, SA Waters and
High Quality Waters (HQW) and are open to shellfish taking. There were no observed areas of
Submerged Aquatic Vegetation (SAV) within the project area. A review of potential historic and
archaeological resources in the project area was not provided.
.Anticipated Impacts resulting from this project are expected to include: the shading of 3,475 sq.
ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 951 sq. ft.
of Section 404 Wetlands; the disturbance of 1,280 sq. ft. of Uplands within the Coastal Shoreline
AEC, and; the filling of 32 sq. ft. of Public Trust Area/Estuarine Waters AEC.
A portion of the shaded Section 404 Wetlands is within the Coastal Shoreline AEC.
Basis for Determination:
The Town of Nags Head Future Land Use Map identifies the subject property as 'Park Open
Space - Private".
A glossary of terms used in the policy statements is provided on Page 91. These include:
Consider: reflect on, take into account
Recognize: knows
Shall: required to do
Will: to indicate likelihood or certainty
Will: to indicate likelihood or certainty
RECEIVED
AUG 2 n 2021
RP'P SECTION MHD
D � �� North Carolina Department of Environmental Quallty I Division of Coastal Management
Elizabeth City Offke 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
2522643901
o rR
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 3 of 3
The following LUP policies may be applicable to this request:
Public Access:
Policy 6, Page 94.
E-- CE V ED
AUG 2 n 2021
VAP SECTION MD
"The continued success of the Town as a tourist and vacation destination
depends in part on the continued use of recreational uses and activities on
the ocean shoreline and in the sound. The Town shall provide an adequate
mix of recreational access sites for residents and visitors in order that they
can enjoy the ocean and estuarine shoreline and water recreational
opportunities."
Land Use Compatibility:
Policy 7, Page 98.
"The Town considers the following types of development as not desirable in
Nags Head and they will not be permitted:
Dry stack boat storage, floating homes, large (more than ten boats)
commercial boat marinas, finger canals, upland excavation for boat marinas,
forestry practices in Nags Head Woods (SED-80), mooring buoys to
accommodate transient visitors."
Water Quality:
Policy 6, Page 103.
"The Town will comply with State rules regarding protecting open shell fishing
waters and restoring closed shellfishing waters."
Local Areas of Concern:
Policy 6, Page 103.
"The Town shall consider the impact on public safety during the review of site
plans and during consideration for proposed changes to the zoning ordinance
and shall encourage the use of sprinkler systems, stand pipes and the
provision of fire lanes as important fire prevention measures."
D_EQI North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
2522643901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 4, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quallty
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)
aor,G,u hodnarrancdenr.eov
SUBJECT: CAMA Review
Applicant: RDB Holdings, LLC
Project Location: 6920 S. Croatan Hwy, US 158, Nags Head in Dare County
Proposed Project: Improvements to an existing recreational site to Include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater,
replacement of walkways and replacementlextension of an existing pier
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by August 25, 2021. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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
SIGNATURE Ja i'WHarroww
AUG 2 5 2021
DATE 25 August 2021
MP SECTION I' HD
North Carolina Department of Environmental Quality I Division of coastal Management
--------- --__ - — - — Elizabeth City Office 14015outh Griffin Street, Salle 3001 Elizabeth City, North Carolina 27909
252.2643901
ROY COOPER
Governor
JOHN NICHOLSON
interim Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 26, 2021
RECEIVED
OCT 9 6 2021
ft? SECTION MHD
DWR # 2021-0449
RUB Holdings, LTD. Dare County
Ralph and Donna Buxton
P.O. Box 1946
Nags Head, NC 27959
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
RDB Holding - Kitty Hawk Water Sports Protection - Improvements to existing recreational site and
replacement of walkways and replacement/extension of an exisiting pier.
Dear Mr. and Mrs. Buxton:
You have our approval for the impacts listed below for the purpose described in your application received by the Division
of Water Resources (Division) on July 9, 2021. These impacts are covered by the attached Water Quality General
Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General
Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state, or local permits before proceeding with your project, including those required by (but not limited to) CAMA
Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the
following additional conditions:
1. The following impacts are hereby approved, provided that all the other specific and general conditions of the
Certification are met No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Plan location/
Reference Attached
Wetlands -Shading
W-1
.02 (acres)
0 (areas)
Plan Sheets
Open Water - FBI
0-1
.001(acres)
0 (areas)
Plan Sheets
Open Water -Shading
OS-1
0.08 (acres)
0 (areas)
Plan Sheets
The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175.
[15A NCAC 02B .0507(c)]
3. During construction of the proposed project fueling, lubrication and general equipment maintenance should
not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(0]
4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any
violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mail I Washington, North Carolina 27889
^^ ^Em�-^^�^^w�a•� /� 252.946.6481
provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant
became aware of the circumstances. A written submission shall also be provided within 5 business days of
the time the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including exact dates and
times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
Division may waive the written submission requirement on a case -by -case basis.
S. This approval and their conditions are final and binding unless contested. [G.S.143-215.5]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be
obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar. days of receipt of this notice, a petition must be filed with the OAH. A petition is considered
filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office
hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be 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:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Ifsending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
This letter completes the review of the Division under section 401 of the Clean Water Act Please contact Tina Martin at
252-948-3844 or tina.martin0ncdenr.eov, if you have any questions or concerns.
Enclosures: GC 4175
Certification of Completion
cc:
Gregg Bodner, CAMA (via email)
Yvonne Carter, CAMA (via email)
Ralph Buxton (ralohbuxton(ftmail.com)
George Wood (obxwood@yahoo.com)
Laserfiche/DWR file copy
Sincerely,
ROW Tom."
RobertTankard,;Assishant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
0 CT 2 6 2021
R I) � ��a�aI Ma a
of
D EQ�. North Carolina Department ofEmironmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall l Washington, North Carolina 27889
���m�o«+m��a�� /'� 252.946.6481
Bodnar, Gregg
From: Dunn, Maria T.
Sent: Wednesday, November 3, 2021 4:56 PM
To: Bodnar, Gregg
Subject: RE: [External] Revised site plan RDB Holdings
Hi Gregg,
I looked at the modified plan received today and believe the removal of the two mooring piles closest to shore will
address the majority of the concerns I stated in my comments dated 10/27/2021. It is appreciated that the remaining
two mooring piles are stated to be used for non -motorized vessels, but as we discussed earlier, my concern for chronic
sediment disturbance can really only be addressed with removal of the structures rather than a statement of how they
will be used once permitted and constructed.
Generally, NCWRC does not support slips in water depths less than -1.5' NWL, but due to site conditions and use as well
as the removal of the two mooring piles in shallower depths, we will state our concerns have been addressed.
I would like to note that the modified plan received today still has the 12/02/2020 date. It would be good if the modified
plan has the current date to minimize confusion.
Thank you for your coordination on this as well as the applicant's cooperation. Please don't hesitate to call or email if
there is anything additional.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
www.ncwildlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Wednesday, November 3, 2021 1:36 PM
To: Dunn, Maria T. <maria.dunn@ncwildlife.org>
Subject: FW: [External] Revised site plan RDB Holdings
Hey Maria,
See updated plans. The bottom inset shows the 2ntl mooring will be for non -motorized vessels only.
; .W
Let me know what you think,
Gregg
From: George Wood <obxwood@vahoo.com>
Sent: Wednesday, November 3, 20211:27 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Cc: George Wood <obxwood@vahoo.com>; Carver, Yvonne <vvonne.carver@ncdenr.gov>
Subject: [External] Revised site plan RDB Holdings
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as,an attachment to
Report Spam.
Please find attached the revised site plan which should address WRC concerns
Thx
George
3
ROY COOPER
Governor
ELIZABETH S. BISER
Seaaray
BRAXTON DAVIS
01maor
August 4, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quattty
6.21.oS•o5.o(
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)
p.CGJ;� badnar[a�ncdenr pov
SUBJECT: CAMA Review
Applicant: RDB Holdings, LLC
Project Location: 6920 S. Croatan Hwy, US 158, Nags Head in Dare County
Proposed Project: Improvements to an existing recreational site to Include 3 floating docks for
jet skis and boats, 3 open. decks, 4 slips, 4 mooring Buoys, breakwater,
replacement of walkways and replacementlextension of an existing pier
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Boding at address above by August 25, 2021. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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 N4ha%. �t f% n -
AGENCYRC
SIGNATURE�T� '
DATE
RI E.WaD
OCT 2 8 2021
POP ESECTION MHD
��®® North Carol'ma Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Sulte300 I nfzabeth City, North Carolina T7909
252.2&13901
XK 41p,- y
North Carolina Wildlife Resources Commission n
Cameron Ingrain, Executive Director
uTl WNC93711 c tTiliitTLl
TO: Gregg Bodnar F E_ Il"E D
Division of Coastal Management
North Carolina Department of Environmental Quality
0 CT 2 8 2021
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division PAP SECTION M H D
DATE: October 27, 2021
SUBJECT: CAMA Dredge/Fill Permit Application for RDB Holdings, LLC (Kitty Hawk
Water Sports), Dare County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 6920 S.
Croatan Hwy, US 158 in Nags Head adjacent the Roanoke Sound. Our comments are provided in
accordance with provisions of the Coastal Area Management Act.(G.S..l 13A-1 00 through 113A-128), as
amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.), the Fish and -Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. '661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act
(FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory' Bird Treaty Act (16 U.S.C. 703-712 et
seq.).
The applicant proposing improvements to an existing water sports facility. Included within this. proposal
is a 6' by 247' hog slatpier to replace an existing 50' pier, three floating docks, three open decks, eight
slips, a 31.5' breakwater replacement, a fire suppression stand pipe, two sets of stairs, replacement of a 6'
by 130 wooden walkway, a 6' by 27' concrete deck to replace an existing wooden walkway, and four
mooring buoys. Water depths within the proj ect area range from -0.62' to -3.40' N WL. The Roanoke
Sound in this area is classified SA HQW by the Environmental Management Commission and is open to
shellfish harvesting, with a closure 0.28 miles south/southwest of the project area.
The NCWRC has reviewed the permit application and has considered the project's impacts to. aquatic
resources. On February 23,-2021, a scoping meeting with state and, federal agencies was conducted that
gave opportunity for project presentation, clarification, and receipt of comments from review agencies
prior to permit application submittal. TheNCWRC participated in this meeting and expressed our
comments and concerns. At the time of the meeting, there was discussion regarding slip count and
location, but no reference or request for mooring buoys. The location of the mooring buoys presented in
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigb, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
A
Page 2
the permit application are within very shallow waters. Concerns from our agency would have been stated
daring the seeping meeting had the buoys been presented as proposed. Due to the importance of SA
HQW classified waters for aquatic habitats and water quality, the NCWRC requests the mooting buoys
located in water depths less than -1.5' NWL be removed from the proposal. The tying of vessels, either
open boats or PWC, and their are of swing could chronically disturb sediments if water depths are not
sufficient.
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.dujm(t�ncwildl ife. ore
OCT 2 8 2021
1
E
3
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: RDB Holdings, LLC; Ralph & Donna Buxton
Project Name: Kitty Hawk Water Sports
LOCATION OF PROJECT SITE: 6920 S. Croatan Hwy, US 158, Nags Head, Dare
County; adjacent the Roanoke Sound.
Latitude: 35054'53.36"N
INVESTIGATION TYPE: CAMA
Longitude: 75 ° 36' 13.54"W
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/10/2020; 03/03/2021
Was Applicant Present — Agent: Yes; No
5. PROCESSING PROCEDURE: Application Received Complete — 07/21/2021
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Town of Nags Head
Land Classification from LUP — C2 General Commercial District / Commercial
Recreational Use Overlay
(B) AEC(s) Involved: EW, PTA, CS
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — on -site ground absorption system
Planned -none
(F) Type of Structures: Existing — Wooden walkway, kayak stand, benches,
pier, breakwater, riprap, bumper boat pool,
commercial building, tiki hut, shed, parking
Planned - Wooden walkway, concrete walkway &
pier, floating docks, decks, breakwater, slips, buoys
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands / 404
N/A
N/A
951.2 sf
(shading)
(B) EW/PTA
31.5 sf
3,474.62 sf
shadin
(C) CS / Uplands
1,280 sf
(disturbed)
(D) Total Area Disturbed: 5,737.32 sf (0.13 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA; HWQ Open to shellfish: Yes
RECEIVED
AUG 0 4 2021
Dr 9f,-}�jar� r"Ty
RECEIVED
RDB Holdings, LLC; Field Investigation Report AUG 0 4 2021
Page 2
DCM-MHD CITY
8. PROJECT SUMMARY: RDB Holdings, dba Kitty Hawk Water Sports, is proposing
improvements to an existing recreational site to include 3 floating docks for jet skis
and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater, replacement of
walkways and replacementlextension of an existing pier.
Project Setting
The development site is located at 6920 S. Croatan Hwy, US 158, in Nags Head, Dare
County, and is adjacent the Roanoke Sound. The property is used for a commercial
watersports business, and is currently developed with a retail building, storage shed, tiki
hut, bumper boat pool with deck, parking, fuel tank, wooden walkway(s), kayak stand,
benches, pier, breakwater, and riprap in front of the fringe of marsh on the northern side of
the property adjoining 16 Mile Post, LLC. The tract is 1.316 acres (57,357.25 sf), with an
approximate elevation of 4' above normal water level (NWL). The shoreline of 339 linear
feet (Ift) is based upon onsite measurements extending from the northern fringe of marsh to
a sandy beach shoreline, and along a fringe of marsh that extends into an opening along
the shoreline between RDB Holdings LLC and the southern riparian property line owned by
Worldwide Golf Associates LP. The adjacent riparian property to the north (16 Mile Post,
LLC) is developed with a restaurant and associated parking, and the adjacent property to
the south (Worldwide Golf Associates) is a retail property developed with a putt -putt golf
course and associated parking.
The high ground area is vegetated with indigenous perennial grasses, transitioning to
Phragmites australis and small area of Sawgrass (Cladium jamaicense) as you cross over
using the existing wooden walkway to the shoreline along the Sound. The vegetation along
the northern and southern areas of the shoreline consists of Salt Meadow Cordgrass
(Spartina patens), Black needlerush (Juncus roemerianus), Smooth Cordgrass (Spartina
altemiflora), and Big Cordgrass (Spartina cynosuroides). There was no noticeable erosion
escarpment along the shore. There is a small sandy beach area that extends landward
approximately 15-30' from NWL.
A scoping meeting was held on 02/23/2021 with the consultants, owner, and
representatives from the Town of Nags Head, USACE, National Marine Fisheries, Coastal
Management, NCWRC, NCDMF, and DWR-401 in attendance.
The Roanoke Sound is classified as Coastal Waters. The water depths in the project area
range from -0.62 to -3.40 NWL. The Division of Environmental Management's water
classification for the Roanoke Sound is SA and High Quality Waters (HQW). The project
area is open to shellfish taking; however, Shellfish Sanitation mapping confirms that
shellfish taking is closed approximately 0.28 miles south/southwest of the project site. No
submerged aquatic vegetation was found in the project area.
RECEIVED
RDB Holdings, LLC; Field Investigation Report AUG 0 4 2021
Page 3 7CM-MHD CITY
Development Proposal
Ralph and Donna Buxton, owners of RDB Holdings, LLC, propose to renovate and make
improvements to their recreational watersports business. These expansions would provide
water access for their patrons utilizing jet skis, tour boats, kayaks, paddle boards, sailboats,
powered boats, as well as an area for rescue and assistance to customers. The large open
decks have been designed to accommodate large family groups that visit the establishment,
but may not actually go out on the sound.
The following water -dependent structures are proposed:
• Hog Slat Concrete Pier — 246'.67" x 6' (this will replace the current 50' pier).
• 3 Floating Docks:
1) 18'.4-1/16" x 58'.4", (Floating dock #1 will be used to accommodate 10 PWCs,
and will have a TA" x 7' gangway over the water connecting the dock and the
adjacent lower open deck)
2) 3'.4" x 20', and
3) 3'.4" x 13'.4".
3 Open Decks:
1) 15'.6" x 25', 6',
2) Lower U-shaped deck measuring 4' x 64', and
3) 6'x 24'.6".
8 slips created comprising of:
1) the placement of 9 pilings to construct 4 open -water slips, and
2) 4 orange mooring buoys on anchor, 2 with an arc of swing at 20' and 2 at 15'.
• 31.5 breakwater replacement outside of the 15' riparian corridor.
• Fire suppression stand pipe.
The following upland structures are proposed:
2 sets of stairs replaced that are currently located on the walkway over the sandy
beach.
130' x 6' wooden walkway replaced in kind.
26'.9" x 6' wooden walkway replaced with marine concrete decking.
Anticipated Impacts
The pier, docks, and decks as proposed will result in the shading of approximately 3,474.62
sf of Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern
(AECs). Of that total, 1,480 sf is attributed to the access pier, leaving the total sf of
platforms to be approximately 1,994.6. The proposed breakwater will fill 31.5 sf of shallow
bottom in the PTA and EW AECs.
RDB Holdings, LLC; Field Investigation Report
Page 4
The walkways(s) proposed to be replaced will shade approximately 951.2 sf of Coastal
Shoreline AEC and 404 vegetation. Approximately 1,280 sf of upland area will be disturbed
during construction.
Temporary water turbidity will occur during construction of the water -dependent structures.
Submitted by: Yvonne B. Carver
Date: 08/02/2021
RECEIVED
AUG 0 4 2021
ACM-MHD CITY
RDB Holdings, LLC
Project Narrative
Revised July 20, 2021
FIZECEIVED
J U L 2 1 202.1
DCM... EC
RUB Holdings, LLC owns Lots 6 and IL Block 14 in Nags Head, North Carolina (Pin #080011554029). The
recreational/retail site has been doing business as Kitty hawk Water Sports since 1995, and this request is to make
improvements to the waterfront which are necessary for enhanced, safe use and improved public access. The approval
of this request will not provide for any additional watercraft or uses currently allowed at the site by Town Ordinance.
The site currently supports:
• Bumper boat pool with deck
• Retail building
• One-story storage shed
• One tiki but
• Drain field and repair area
• 34 turf stone parking areas with drive aisle
• Fueltank
a 4-foot-wide walkway from the storage shed to the 6-foot walkway
• 6-foot-wide wooden walkway to the sound with two sets of wooden stairs to the beach
a Portable kayak stand
• Wooden launch
t /- 50-foot-long pier into the sound
• Two pilings+/- 12-foot waterward off the end of pier
+/- 31.5-foot-long breakwater
• Rock rip -rap extending in front of the marsh from the adjoining property owners' installation
These improvements provide access to the water for patrons who can rent the following:
• Eighljet skis
• I -Six passenger recreational tour boats
• 30 non -powered craft (i.e. kayaks, standup paddle boards, sailboats)
• 3 powered boats
• Two jet skis for rescue and assistance to patrons
The proposed improvements will result in.
• 130 L.F. of existing 6-foot-wide walkway to be replaced with 6-foot-wide wooden walkway (780 s.f )
26' 9" of existing 6-foot-wide wooden walkway to be replaced with 6-foot-wide concrete walkway (160.5
s.f )
• 5b L.F. of existing 6-foot-wide pier to be removed and 246'.67" of 6-foot-wide concrete pier (1,480 s.f.)
The existing 31.5 L.F. breakwater will be removed and relocated with a new 31.5 L.F. breakwater.
RECEIVED
AUG 04 2021
DC"HD CITY
FRECEIVE_n
The new docks are
JUL 2 1 2921
Dimensions
Sguare Feet
Open Deck N1
15'6"x 25'0"
387.5
f)MEC
Lower Open Deck
4' 0" x 64' 0"
256.0
Open Deck k2
6' 0" x 24' 6"
147.0
Floating Dock UI
18' x 4 I /16"
1069.7
Floating Dock 42
3' 4" x 20'
66.7
Floating Dock N3
V 4" xl3' 4"
44.4
Gangway Over Water
3' 4" x To"
23.3
1,994.6
The shoreline as established by NCDCM is 339 linear feet allowing for 2,712 s.f of decking at 8 s.fA.f. of shoreline
(with a maximum o£2,000 s.£). The total number of decks, gangway, and docks proposed is 1,994.6 s.L
The project will provide for 4 slips. The floating jet ski dock will accommodate 10 jet skis, 8 for rent and two for
safety and rescue. Nine tie pilings are proposed for the slips.
Sailboats will be moored on the proposed 4 mooring pilings and/or on the sandy beach. The kayaks are stored on the
existing kayak storage rack.
The delivery of construction materials to the in -water portion of the project will be accomplished by matting over the
wetlands and into the water. After construction the matts will be removed.
A submerged aquatic vegetation survey was performed on June 19, 2020, and no SAVs were identified in the project
area. Water depths were recorded by identifying the N WL on the existing `launch" which was confirmed by NCDCM.
The resulting hydrographic survey was calibrated to that benchmark to arrive at the water depths for the project site.
1. The project proponent hereby certifies that all information contained herein is true, accurate, and complete
to the best of my knowledge and belief, and
2. The project proponent requests that the certifying authority review and take action on this CWA 401
Certification Request within the applicable reasonable period of time.
p �/iL
-1 e J Wood gent)
RECEIVED
AUG 0 4 2021
2 CCM-MHD CITY
RECENED
J U N 0 1 2021
RANNINGRN DCM_ EC
A 9I IIIR
INVIRIINMINI
June 23, 2020
RDB Holdings, LLC
Attn: Mr. Ralph Buxton
448 West Villa Dunes Drive
Nags [lead, NC 27959
Dear Mr. Buxton,
This Letter Report is to document the Submerged Aquatic Vegetation (SAV) survey performed on June 19, 2020 at
RDB Holdings, LLC property in Nags Head. The survey was performed utilizing acceptable sampling methods
approved by the North Carolina Division of Marine Fisheries.
Due to the shallow nature of the adjoining waters, the survey was conducted without the need for a boat to access
the study area. A grid was established in order to fully assess the adjoining waters within the riparian corridor. A
sampling rake was used to confirm the visual inspection of the site.
There were two yellow buoys, and the sampling extended from the shoreline west to the outer buoy. Two small
areas of SAVs were observed along the shoreline comprised of low density (5% or less) of Myriuohvllm suicatum.
No SAVs were observed until west of the western -most yellow buoy where sparse SAVs (2% or less) became
persistent. This area supported Myrioohyllum s io catum (see attached).
Use and/or development activity in the study area will not adversely affect SAVs as long as care is taken to avoid
the two small areas along the shoreline.
Sincerely,
Environmental Professionals, Inc.
'�' /lakrw
George H. Wood, CEP, PWS
Attachment: a/s
P.O. BOX 3J6a • KILL DEVIL HILLS, NORTH CAROLINA 27948
TELEPHONE: 15244141239 • EMAIL: uhxwanl(mcaAna.cnm
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
No Submerged Aquatic Vegetation
in this area
spicalum
2% or less
Myriophyllum
spicatum
50/.or less
6
Contact Name *
George H Wood
RECEIVED
Contact Email Address*
obxnood@yahoo.com
JUN 0 1 2021
Project Owner*
RDB Holdings, LLC
*
D C M - E C
Project Name
Kitty Havel( Watersports
Project County`
Dare
Owner Address: *
Rreet Address
448 West Villa Dunes Drive
Address Lip 2
CRY
Slake/Ro /Rxpon
'
Nags Head
NC
Ra tal/Zip Coda
OxrBy
27959
USA
Is this a transportation project? `
r Yes R No
Type(s) of approval sought from the DWR:
r 401 Water Quality Certification- r 401 Water Quality Certification -
Regular Express
r- Individual Permit r Modification
r Shoreline Stabilization
Does this project have an existing project IDq?
r Yes r No
Do you know the name of the staff member you would like to request a meeting with?
Chris Pullinger
Please give a brief project description below.
reconstruction of a boating rental facility
Please give a couple of dates you are available for a meeting. RECEIVED
AUG 0 4 2021
Please attach the documentation you would like to have the meeting about. DCM-MHD CITY
pot o*
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
RECEIVED
JUN 0 1 2021
AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Landowner of record authorizes Environmental Professionals, Inc. to: DCIq
—EC
I. enter the property to gather environmental and site information, including delineation of
environmental regulatory jurisdictions;
2. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers,
North Carolina Division of Coastal Management, North Carolina Division of Water
Quality, etc.) as needed to review regulatory alignment(s) and/or to identify additional
regulatory jurisdictions;
3. submit plats and other information to acquire regulatory agency confirmations, approvals,
and/or determinations (U.S. Army Corps of Engineers, North Carolina Division of
Coastal Management, North Carolina Division of Water Quality, etc.); and
4. act as agent for the purposes of obtaining environmental permits, authorizations, and/or
determinations.
F-0 g FFo t�d�t.� z, LL G
Landowner
Client
3 ( 2U ZU
ate
/'Y../ .
'Date
LO Z�
/_ _
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
F.IHA01ggESTU
PAUFEtS18GlS
is ANNrNG toy
A RF FTFR
f .: ego: bF. f
May 28, 2021
Worldwide Golf Associates
615 N. Birdneck Road — Suite IN
Virginia Beach, VA 23451
To Whom It May Concem:
■ Complete Items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the maiipiece,
or on the front If space permits.
1. Article Addressed to:
Worldwide Golf Associates
615 N. Birdneck Road — Suite 106
Virginia Beach, VA 23451
A S ure I
>r � /J� � Agentt
Addrressee
S. Received by tPFMted Name) C. Date of Delivery
D. le delivery address diaerent from Item 17 oves x
If YES, enter delrvary address below: ❑ No
RECEIVED
3. Service Type D Prlonty Mail erprt"
❑ Aeult Sgnalur' `"""M ❑ R blend maul
❑ Mull 519natu ri%II'�dy� 11 Roosto ed Mal ReelnNed
D certified Mar RestdcTedlAi4wy L. I
❑ Coleof en De,,,
-' .red MNI
Environmental Professionals, lnL 7020 1290 0000 4347 7709 wed 11IResfKtedDelivery
SSWDivision of Coastal Management PS Form 3811. July 2015 PSN 7530-02-000-9053 V / 9 - 0,5_6
6920 S. Croatan Highway which is aaJacent to yours on me Roanoice Souna in Nags Head, care County,
North Carolina (See attached plat and Project Narrative).
IIIIIIIIII'IIIIIIIIIIII lllll IIIIIIIIIIIIIIIIII
9590 9402 4561 8278 1385 88
Article Number
Should you have any questions regarding this request, please contact me or Ms. Yvonne Carver with the
North Carolina Division of Coastal Management.
Environmental Professionals, Inc. North Carolina Division of Coastal Management
Attn: George H. Wood, CEP, PWS Attn: Ms. Yvonne Carver
P.O. Box 3368 401 S. Griffin Street — Suite 300
Kill Devil Hills, NC 27948 Elizabeth City, NC 27909
Telephone No.: 252-441-0239 Telephone No.: 252-264-3901
Cell Phone: 252-423-1234 Email: yvonne.carver@ncdeor.gov
Email: oAXwQ_od(a)1vahoo.corp
Domestic Return Receipt
If you have no objection to the proposed activity, please mark the appropriate statement below and return to
Environmental Professionals, Inc.
1 appreciate your consideration of this matter and remain available to answer any questions you may have regarding
this request.
Sincerely, Postal CERTIFIED -rvice
A RECEIPTIL
Environmental Professionals, Inc. P
George H. Wood, CEP, PWS t• VI r1Dl'C Pf4c''a FX%1 •.. _ 1 , C
ed • e 'i3. Gll �. % �7 (Ih YG
Attachment: ays
t7 Or.lunaeaesalmumo�aec., a. - ;
I have no objection to the o Owaeafre ppleb q / cn nr, Po Wk
J project described in this conesp o Doem.elrarueeory
o 0Jftr ft@ ea /. Hen
I have objection to the project described in this correspont c3 Po awl`a~sY°O`r e
Irru
f1.40
`✓28/2021
3 C�i
SIGNATURE DATE ru Sent 7b Worldwide Golf Associates
C2 Shiiefiw* 615 N. Birdneck Road —Suite 106
LSiy,-3vdio; 31 Virginia Beach, VA 23451
RECEIVED r.u. Bo., JJba • KILL DUIL [HILLS, NORTH CAROLINA 27948 • 252441-0239
MOBILE: 252.423-1234 • EMAIL: ob=woode-yahoo.com
AUG 0 4 2021
DCm-MHD CITY
IiTf 1' �j'JI,
May 28, 2021
Worldwide Golf Associates
615 N. Birdneck Road — Suite 106
Virginia Beach, VA 23451
To Whom It May Concern:
(Via Certified Mail/Return Receipt Requested)
RECEIVED
JUN252021
DCM-EC
Environmental Professionals, Inc. has been retained by RDB Holdings, LLC to represent them to the North Carolina
Division of Coastal Management for the purposes of obtaining a permit to authorize the work described herein at
6920 S. Croatan Highway which is adjacent to yours on the Roanoke Sound in Nags Head, Dare County,
North Carolina (See attached plat and Project Narrative).
Should you have any questions regarding this request, please contact me or Ms. Yvonne Carver with the
North Carolina Division of Coastal Management.
Environmental Professionals, Inc.
Ann: George H. Wood, CEP, PWS
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone No.: 252-441-0239
Cell Phone: 252-423-1234
Email: obxwood.@yahoo.cont
North Carolina Division of Coastal Management
Attn: Ms. Yvonne Carver
401 S. Griffin Street — Suite 300
Elizabeth City, NC 27909
Telephone No.: 252-264-3901
Email: yvonne.carver@ncdenr.gov
If you have no objection to the proposed activity, please mark the appropriate statement below and return to
Environmental Professionals, Inc.
1 appreciate your consideration of this matter and remain available to answer any questions you may have regarding
this request.
Sincerely,
Environmental Professionals, Inc.
4'- //kin-+/
George H. Wood. CEP, PWS
Attac-hmen a/s
1 have no objection to the project described in this correspondence.
1 have objection to the project desZcr�ibbeed in this correspondence.
SIGNATUR DA E
State of NL ,County of
Signed before me on thla L4' � dw
Of ZtiL hY iVl�tNf�'CN
Notary Pytilic
t l W (TW1,013
I'.O. aO\ 31aa 1(I I.L nF.\ill. IIILIS, 1Oli'1'll C:\ROI.I\A 279.I8 • 252.441-0239
\IOnILE: 2524234234 • E51.1,IL: nln1V0(p(rahoe.c0111 RECEIVED
AUG 0 4 2021
DCM.MHD CITY
I:\HRO111BI'l1.
I'NOFFISIIISIIS
—1V^
,^ a.�.l.r, r. •e
May 28, 2021
16 Mile Post, LLC
Go Mr. Bryan Wilson
P.O. Box 324
Nags Head, NC 27954
Dear Mr. Wilson,
■ Complete hems 1, 2, and 3.. i 2' ; I
■ Print your name and address on the ie6rse
so that we can return the card to you.
■ Attach this card to the back of the mallplece,
or on the front If apace pemdts.
16 Mile Post, LLC
c/o Mr. Bryan Wilson
P.O. Box 324
Nags Head, NC 44%4-
9?95 /
IIIIIII IIII IIII IIII II (IIII IIIIIIIIII IIII III
9590 9402 4561 8278 1385 95
2. Article Number (rrensler som SeMce Moat)
7020 1290 0000 4347 7686
A Slpnatwe
X '31-
0 Agent
Is-& veryaddress different from aom l? ❑ Yes
If YES, enter delivery address below: ❑ No
!' `LVEI
3. Service Type ❑ prbnty Mal Eepress®
❑Adult SIll- a �UN CJRRgxppldrpj Mall^'
❑ AduII 5lenatule nestrkted DelNory iMp Mall ReaVkletl
Qrcer wMall® D�e���''e�ryY
❑ C ,Jned Mell Ravlrlsted Wmy ❑ Retvn Recelpt for
❑ Colect on Dell, r r��� Mwoh"n se
❑ Collect on cwwl ry Rentrldeb ery Ign Ilrmatbn"'
1 Imu,ed Moll �t�� IIJJ gn o inmation
I Iruur edmdl Rwe ed Delivery q
Environmental Professionals, Inc. I PS Form 3811, July 2015 PSN 7530-02-000-6053 0 / 9 - p s-6
Division of Coastal Management for me purposes or obtaining a permit to authorize the work described herein at
6920 S. Croatan Highway which is adjacent to yours on the Roanoke Sound in Nags Head, Dare County,
North Carolina (See attached plat and Project Narrative).
Should you have any questions regarding this request, please contact me or Ms. Yvonne Carver with the
North Carolina Division of Coastal Management.
Environmental Professionals, Inc.
Attn: George H. Wood, CEP, PWS
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone No.: 252-441-0239
Cell Phone: 252.423-1234
Email: obxwoodrnivahoo.cont
North Carolina Division of Coastal Management
Ann: Ms. Yvonne Carver
401 S. Griffin Street - Suite 300
Elizabeth City, NC 27909
Telephone No.: 252-264-3901
Email: yvonne.carver@ncdenr.gov
If you have no objection to the proposed activity, please mark the appropriate statement below and return to
Environmental Professionals, Inc.
Domestic Return Recalpt
I appreciate your consideration of this matter and remain available to answer any questions you may have regarding
this request.
Sincerely,
Environmental Professionals, Inc.
George H. Wood, CEP, PWS
Attachments: a/s
-0
171
rM1
m
S
I have no objection to the project described in this correspon o
0
I have objection to the project described in this corresponder o
SIGNATURE
0
Ir
N
DATE ra
60
❑MdldprnerWav tom_ '
❑AeJ181paa,ea,alallra Dllaly t
81.4U
.8`
� sa tb 16 Mile Peet, LLC
r s aeierldA do Mr. Bryan Wilson
L9sii:; z P.O. Box 324 b'T
Nags Heed, NC 279"
1'.O. aOx 3368 • KILL DEVIL HILLS, NORTH CAROLINA uvffaa
)IOIIILE: 252423-1234 • EMAIL: obXWood(gyahoo.corn
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
ROY COOPER
Comrnor
ELIZABE"ili S, BISER
Secretary
BRAXTON DAVIS
Director
August 4, 2021
RDB Holdings, LLC
Ralph & Donna Buxton
P.O. Box 1946
Nags Head, NC 27959
Dear Mr. & Mrs. Buxton:
NORTH CAROLINA
Environmental Quality
The NC Division of Coastal Management hereby acknowledges receipt of your application
submitted for State approval for improvements to an existing recreational site to include 3 floating
docks for jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater, replacement of
walkways and replacement/extension of an existing pier, located at 6920 S. Croatan Hwy, Nags
Head in Dare County.
It was received complete July 21, 2021 and appears to be adequate for processing at this time. The
projected deadline for making a decision is October 4, 2021. An additional 75-day review period
is provided by law when such time is necessary to complete the review. If you have not been
notified of a final action by the initial deadline stated above, you should consider the review period
extended. Under those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from July 21, 2021, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCOS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted
at the property of your proposed development. You should post this notice at a conspicuous point
RECEIVED
AUG 0 4 2021
Df)CM-MHD CITY North Carolina Department of Environmental Quality I DINSImofCoastalManaWmeM
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
r..r � 2522643901
RDB Holdings, LLC
Ralph & Donna Buxton
August 4, 2021
Page 2of2
along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your
property, or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact Yvonne Carver, Field Representative,
if you have any questions and or if you wish to receive a copy of her field report.
Sincerely,
W-65��
W
Ron Renaldi
District Manager, Northeastern District
NC Division of Coastal Management
RR/eg
Enclosure
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC
Yvonne Carver, DCM, Elizabeth City, NC
George Wood, Environmental Professionals, Inc., Kill Devil Hills, NC
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
Q-)T I N
N
J
I cN(
Q
CAMA PERMIT
APPLIED FOR
PROJECT: improve existing recreational site to include 3 floating
docks for jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys,
breakwater, replacement of walkways and replacementlextension of an
existing pier.
COMMENTS ACCEPTED THROUGH _ August28, 2021
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
RDB Holdings, LLC '1 Yvonne Carver
c/o Ralph & Donna Buxton 401 S. Griffin Street, Suite 300
P.O. Box 1946 Elizabeth City, NC 27909
Nags Head, NC 27959 252-264-3901, ext. 237
252-207-5810
ROY COOPER
Governor
ELIZABETH S. BISER
5e tory
BRAXTON DAVIS
Director
EMAIL MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Theresa Schneider
The Coastland Times
Manteo, NC 27954
l egalsC@thecoastlandtimes.com
FROM: Ella Godfrey
DATE: August 4, 2021
SUBJECT: Public Notice: RDB Holdings, LLC
Please publish the attached Notice in the Sunday, August 8, 2021, issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. The State Office of Budget and Management
requires an original Affidavit of Publication prior to payment for newspaper advertising.
Please send me the affidavit, an original copy of the published notice, and an
original invoice.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office (252) 264-3901.
Attachment
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City
CHristy Simmons, PIC, DCM, Morehead City
Ellie Davis, Accounts Payable, DCM, Morehead City
File
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
North CamYna Department of Env4vnmeMal Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909
252.264.3901
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that application for a development permit in an AEC as designated
under the CAMA was received on 07/21/21. RDB Holdings, dba Kitty Hawk Water Sports
is proposing improvements to an existing recreational site to include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater, replacement of
walkways and replacementlextension of an existing pier, located at 6920 S. Croatan Hwy,
Nags Head in Dare County.
A copy of the entire application may be reviewed at the office of the Division of Coastal
Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 08/28/21, will be considered in
making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE'PUBLISH ON: Sunday, August 8, 2021
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
gg North Carolina Department of Environmental Quality �I Division of Coastal Management l/ Elizabeth City Office ''. 401 South Griffin Street. Stele 3001 Efzabeth City. North Carolina 27909
•YOn^\V/ 257.264.3901
RECEIVED
MAJOR PERMIT FEE MATRIX
AUG 0 4 2021
Applicant: RDB Holdings, LLC; Ralph & Donna Buxton
Proiect Name: Kittv Hawk Water Sports UL; M-MHD CITY
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:
11. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or o en water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies.
III(A). Private, non -
El
commercial development, if
$250
100% ($250)
00/,($0)
General Water Quality
Certification No. 4175 (See
attached) can be applied
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4175 (See attached)
can be applied
III(C). If General Water
Ll
Quality Certification No.
$400
60% ($240)
40% ($160)
4175 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
®
Quality Certification No.
$400
60% ($240)
40% ($160)
4175 (see attached) cannot
be applied:
IV For development that
El
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:
NC Division of Coastal Management
9 Cashier's Official Receipt
Received From: cx" Q o E:J v o t� � Ja CA ✓i f �
Permit No.: iha- 1' f P �P+s'��' f i� � %" rs FO SS j o /%Js/ trtc.
Applicant's Name: R D 6 A to /d:L.l. .. w;c fan
Project Address:
14707GB C D
Date: G / / 20 -:!�
s4/0a,
Check No.: / 7 z Z—
County: % 0-01--
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative:
C �
Date:
Date: 2
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
—This is a word processing form to be completed in Microsoft Word —
RECEIVED
NC Division of Coastal Management
Major Permit Application Computer Sheet
(11/01/2012)
AUG 0 4 2021
DCM-MHD CITY
Applicant RDB Hok$ngs, LLC; Ralph B Donna Buxton
Dale: 0WW I
Project Site County: 6920 S. Croatan Hwy, US 158, Nags Head. Dare County
Staff. . Yvonne Carver
District NEfizabeth City
❑Morehead City
Washington
❑Wilmington
Project Name: Kitty Hewk Water Sports
Latitude: 355453.36 N
longitude: 75'36'13.54'W
Date of initial application submittal (St 142007): 0610V21
Date application 'received as complete' in the Field office (EX., 1Ai2007): 0712fal
Permit Aulhodzadon: CAMA ElDrodge & Fill ZBoth
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ❑Yes NNo
Photos Taken: Yes ® No❑
Setback Required (riparian): U Yes DgNo
Critical Habitat: Yes NNO Not Sure
15 toot waiver obtained. ❑Yes RNo
Hazard Notification Returned.
❑Yes RNo
SAV: Yes NNo Not Sure
Shell Bottom: LJ Yes ZNo ❑ Not Sure
Temporary Impacts: Z Yes No
Sandbags: ❑ Yes RNo ❑ Not Sure
Did the land use classification come from
countyLUP. El Yes RNo Town of Nags Head
Mitigation Required (optional):
[]Yes RNo
Moratorium Conditions: ❑Yes RNo
❑NA
Environmental Assessment Done:
[]Yes []No RNA
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
❑ Future Water Sup* (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters ISM
R High Quality Wafers (HOW) ❑ Outstanding Resource Wafers (0RW)
WETLANDS IMPACTED (SHADING)
(404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limcnium sp.)
(SS) Glasswort ( Salicomia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
ahemi6ore)
cynosumides)
(DS) Salt or spike grass (Disticnlrs
El (SC) Bullrush or three square (Sotrpus
(TY) Catted (Typhs sp.)
spicals)
Sp.)
❑ (JR) Black needlerush (Juncus
0 (SP) Salbmesdow grass (Spartina
roemenanus)
patens)
APPLICATION FEE
El No fee required - $0.00
❑ 111(A) Private wl D&F up to 1 acre; 3490
0 lll(D) Priv. public or comm wl D & F to 1
can be applied - $250
acre; 3490 can? be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification in a CAMA Major
IV Any development involving DBF of
permit - $100
permit - $250
more than 1 acm - $475
Permit Transfer- $100
El Ill(B) Public or commercial w/D&F to 1
0 Express Permit - $2000
acre; 3490 can be applied - $4W
Major development extension request -
C1 11. Public or commercialdlo dredge
$100
and/or rill - $400
❑ 1. Private no dredge and/or fill - $250
III(C) Pdv. public or comm w rD&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252.808.2808 :: i-888.4RCOAST :: www.nc coastalmanagement. net revised: Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, P:,rle 2 or 3)
Applicant RDB Holdings, LLC; Ralph B Donna Buxton
Date: (IM121
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In yourActivides code sheet.
TYPE REPLACE
Activity Name Number Choose D se Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4
D
Pier
I
New Work
Replace
24667
6
Maint ❑
® Y ❑ N
Floating
I
New work
Replace
18.4
58.4
Platform
Mary ❑
❑ Y N N
Floating
I
New Work 0
Replace
3.4
20
Plat orm
Mewt ❑
❑ Y O N
Floating
I
New Work 0
Replace
3.4
13.4
Platform
ant ❑
❑ Y N N
Gangway/plat
I
New Work C9
Replace
3.4
7
form
Maint ❑
❑ Y ® N
P a orm
1
New Work
Re place
15.6
25.6
Maint ❑
❑ Y ®N
Platform
1
New work
Replace
4
64
Maint ❑
❑ Y ® N
Platform
I
New Wbrk
Rapt"
6
24.6
Maint ❑
❑ Y N N
slips
4
New Work
Replace
4
Maint ❑
❑ Y N N
Mooring
4
New Wb*
Repleoe
4
pilinglbuoys
Maint ❑
❑ Y ® N
Breakwater
I
New Wwk
Replace
31.5
I
Maint ❑
®Y ❑ N
Elevated
I
New Work Qg
Replace
130
6
walkway
Maint ❑
®Y ❑ N
Elevated
I
New work B
Replace
26.9
6
walkway
Maint ❑
N Y ❑ N
Other (stairs)
2
New Work
Replace
2
Maint ❑
® Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Rapt"
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Kbrk
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint❑
❑Y❑N
UG 04 2021
DCM-MHD CITY
rovlsed Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: ROB Holdings, LLC, Ralph & Donna Buxton
Date: 08/02/21
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. FL
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
andbr temp
impact amount)
TOTAL Feet
(Applied tor.
Disturbance
total includes
any anticipated
restoration or
temp Impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration andbr
temp impact
amount
Open Water
Dredge ❑ Fill ❑ Both ❑ Other ®
3474.62
3474.62
Shallow Bottom
Dredge ❑ Fill ® Both ❑ Other ❑
31.5
31.5
USACOE WL
Dredge ❑ FiN❑ Both ❑ Other ®
951.2
951.2
High ground
Dredge ❑ Fig ❑ Both ❑ Other ®
1280
1280
Dredge ❑ FNI ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ 08rer ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fhl ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fig ❑ Both ❑ Other ❑
Dredge ❑ FiN ❑ Both ❑ Dow ❑
Dredge ❑ FIN ❑ Both ❑ Other ❑
Ally V 4! YVFL9
Lahl:rCl.'llu
252-808.2808 :; 1-888-4RCOAST :: www.nccoastaimanagement.net revised: Nov. 2012
ROY COOPER
C~tor
ELIZABETH S. BISER
5eaefary
BRAXTON DAVIS
Director
August 4, 2021
MEMORANDUM:
NORTH CAROLINA
EnWronntenrul QW11y
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)
grege.bod nar@ncden n eov
SUBJECT: CAMA Review
Applicant: ROB Holdings, LLC
Project Location: 6920 S. Croatan Hwy, US 158, Nags Head in Dare County
Proposed Project: Improvements to an existing recreational site to Include 3 floating docks for
jet skis and boats, 3 open decks, 4 slips, 4 mooring buoys, breakwater,
replacement of walkways and replacemenVextenslon of an existing pier
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by August 25, 2021. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE
DATE
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
D ��� North Carolina Department or Emirorunental Quality I DlNsim of Coastal Matmgemrm
Elizabeth City Office 1 401 South Gri In Street. Suite 3001 Elizabeth City. North Carollm 27909
_ rw\ e 252.2643901
DCM Coordinator: Greg Bodnar Distributed Yes® No ❑
Applicant: RDB Holdings. LLC Distribution Date: 8/4/2021
AGENCY
ECRO
Community Development/LPO
Uly Nieberding (Nags Head)
DCM Planner
Charlan Owens Eliz City
US COE:
Josh Pelletier
Community Assistance
Lee Padrick (Beaufort, Carteret, Craven, Enz city,
_
Pamlico, Washington)
Cultural Resources
Renee Gledhill -Earley
Div. of Water Infrastructure
(No longer public Water Supply)
Cllf Whitfield"
Marine Fisheries
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 -
RogerThorpe
D W R 401-
Chris Pullinger
WRC
Maria Dunn (WARO)
National Heritage Program
Rodney Butler
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
Revised:6/29/2018
Cheryl L House Register of Deeds, Dare, NC
5/27121, 3:16 PM
;heryl L. House iIa NC "Deed:Dare. View (maces
Book type Dees .
Book IWO Date: 03/07/2011 09:15:09 DocNo: 629026300 Kind: DEED Book: 1860 Page: 110
Page 110 Deacdptlon
WHALEBONE BEACHES
Document References
Grantors: Grantees.
BUXION, RALPH ROB HOLDINGS LLC
Download from Open Imaae In New Window
'o RECEIVED
JUN 0 1 2021
Q1� DCM-EC
d
O NORTH CAROI,INA GENERAL WARFZAN'1'V DFFD
1 r� l�` 1) 0 Tax Collector Certi ca Thai No Delinquent Taxes
LTa: 7/ Are Due. Date�By_�Aj4Cenification
Land Transfer err Y 0- expires Jan. 6th of the year following ceNfication data.
Excise Tax: Exempt ✓,
Parcel No: 008953000
Verified by Dare County on the _day of March, 2011
Mail/Box to: Vandeventer Black LLP
This instrument was prepared by: Daniel,,Kjlduty, Esq., Vandeventer Black LLP, 305 Essex Square, Mameo, NC 27954
Nlinciuent taxes if any, llf'to be nail by the cAa attorney to the county tax collector unon disbursement of closing proceeds
Brief description for the Index: Lot 6 & I 1 8IIr14 and pt of Lot 6 & Lot 7 Blk 17, Whalebone Beaches Revised
THIS DEED OF GIFT [Wade this 1 it day of Marc 11, by and between
GRANTOR GRANTEE
Y
RALPH BUXTON and wife, CO RDB HOLDINGS LLC
DONNA S. BUXTON V, a North Carolina limited liability company
PO Box 1946 tO Box 1946
Nags Head, NC 27959 gs Head, NC 27959
O((�
Enter in appropriate block fur each Grantorand Grantee: name, maill$m address, and, if appropriate, character of entity. e.g. corporatimi
ur partnership. v,
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
hitp://72.15.246.185/darencnw/application.asp?cmd=image link&image... ok=1860&image link_page=110&image link booktype=Deed&tif2pdf=true Page 1 of 2
r
8: lose P: Ile Dee Id: 6290263
03/0712011 09: 15 RN Receipt 0: 11-2a85
0oofede. DEED NDExoIfO TOM P4. $0.00
VarZ%ka OcMurran. Register or Deeds Dare CD, We
�O
C
C^,
�nnll
Y�
d RECEIVED
O NORTH CAROLINA GENERAL WARRANTY DEED
ToWsclar Thai No Delinquent Taxes AN 0 4 2021
Land Transfer Tax: �q--. Certification
Excise Tax:Exemot OAgillaOMft1�WW�cerlif�cabondate. DCM-PAHDCITII
�a
Parcel No: 009853000 t�
Verified by Dare County on the _ day of March, 2011
Mail/Box to: Vandeventer Black LLP fA
This instrument was prepared by: Daniel oury, Esq., Vandeventer Black LLP, 305 Essex Square, Manteo, NC 27954
Delinquent taxes if any, to be paid by the cl awe attontey to the county tax collector upon disbursement of closing orocceds
Brief description for the Index: Lot 6 & I 1 8IIr;1Q and pt of Lot 6 & Lot 7 Blk 17, Whalebone Beaches Revised
THIS DEED OF GIFT made this Ist day of Marc 11, by and between h�a
GRANTOR GRANTEE
RALPH BUXTON and wife, �Q� RDB HOLDINGS LLC
DONNA S. BUXTON a North Carolina limited liability company
PO Box 1946 PO Box 1946
Nags Head, NC 27959 gs Head, NC 27959
O(�
Enter inappropriate block for each Grantor and Grantee: munc,roatl'r address,and, if appropriate, character ofentity, e.g. corporation
or partnership. 'eA
The duignation Grantor and Gmntcc as used heroin shall include said %Qas, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context ',.J�(
W ITNESSETH, 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
the Town of Nags Head, Nags Head Township, Dare County, North Carolina and more particularly described as follows:
Lots Six (6) and Eleven (11), in Block Fourteen (I4),and the southern for 0) feet of Lot Six (6) and the northern
sixty (60) feet of Lot Seven (7), in Block Seventeen (17), as shown and pleated on that certain map or plat of
subdivision entitled "Revised Plat — Portion of W halebone Beaches SubdivisidcWNags Head Township, DareCounty,
North Carolina", dated April 25, 1963, and made by Southern Map and EnginelGr r Company and recorded in Map
Book 2, Page 203, Dare County Registry. �f1
6290263 B: 1860 P: Ile page 11d'f 2 3/7/11 9:15 AM
NC Bar Assceiuian Fomt \o. 3 ®I976. Revised ®I/I/2010 ,III 11U+11/tr ��ly�tlyu Imo, ly,t��u W ,L ,I II
Printed by Agreement with the NC Bar Asimiulion III, r 7 4 er1( M t •h1 i
10
0 Book 1860 Page 110
The property hereinabove described was acquired by Grantor by instrument recorded in Book 928, Page 514, Dare County Registry.
Al;showing
portion of the property herein conveyed_ includes or X does not include the primary residence of a Grantor.
A the above described properly is recorded in Map Book 2, Page 203, Dare County Registry.
TO HADE AND TO HOLD the aforesaid lot orparcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simo,\
And the G or covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple, that ttic is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claimII persons whomsoever, other than the following exceptions:
Existing easement% rFstrictions, reservations and rights -of -way of record.
All Zoning ordinaeV6 and other land regulations applicable thereto.
2011 Ad valorem taxes.
IN WITNESS WHEREO", a Grantor has duly executed the foregoing as of the da and year first above wri n.
DONNA S. BUXTON
State of North Carolina - County of Dare
I, the undersigned Notary Public oft ounty of Dare and State of North Carolina, certify that Ralph Buxton and wife, Donna
S. Buxton personally appeared before me this nd aclutowledged tl� due execution of the foregoing instrument for the purposes
therein expressed. Witness my hand and Notaria,.amp or seal this day of March, 2011.
� rD-P,,
My Commission Expires: 1/21/2013 1<1' MELANIE D. FIRE, Notary Public
(Affix Seal) 01) Notary's Printed or Typed Name
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NC Bat Association Form No. 3 0 1976, Revised 0 111/2010
Primcd by Agreement with the NC Bar Association C
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RECEIVED
AUG 0 4 2021
DCM-MHD CITY
10
0 Book 1860 Page 11Oa
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ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRAXTON DAVIS
Director
June 3, 2021
Mr. George H. Wood, CEP, PWS
Environmental Professionals, Inc.
P.O. Box 3368
Kill Devil Hills, NC 27948
obxwood(cDyahoo.com
NORTH CAROLINA
Environmental Quality
Re: RDB Holdings, LLC, Major Permit Application for Kitty Hawk Sports, Nags
Head, Dare County
Dear George:
The NC Division of Coastal Management hereby acknowledges receipt of the
application submitted on June :1, 2021, for State approval for the development of the
above -referenced project. An initial screening of the submittal package has been
conducted as per 15A NCAC 07J.0204. This revealed certain deficiencies, which must
be corrected before the application package can be accepted as complete. To assist
you in expediting the permitting process as much as possible, I am notifying you of
these deficiencies so that they can be quickly corrected to facilitate my detailed review.
Because the deficiencies are correctable, I am not returning the original application
package. Please make the necessary changes and submit the appropriate
documentation. With the retained copy of the application, I can commence the detailed
review. Please understand that the subsequent detailed review may reveal additional
areas where further information or documentation is required to demonstrate
compliance with the rules directly applicable to the proposed development. If this
occurs, you will be notified of such issues separately.
Our initial screening has identified the following deficiencies:
1. Not all questions on the application have been answered completely, or indicated
as "not applicable." Please address the following items:
• Form DCM-MP-1:
- Number 3.b and 3.d. Please update name of.body of water to show
'Roanoke Sound';
- Number 4.e. Need to include all wetland vegetation on tract:
Spartina cynosuroides (Big cordgrass), Spartina patens
(Saltmeadow cordgrass), Juncus roemerianus (Black
Needlerush), Spartina alterniflora (Salt marsh cordgrass),
Cladium jamaicense (Saw grass).
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909
252.2643901
Mr. George H. Wood, CEP, PWS
June 3, 2021
Page2
Number 5.d. Attachment lists development activities proposed.
1. Please update to reflect what bullet items are pier vs walkway.
2. Please correct all dimensions to match work plan drawings:
a. Floating dock #2 listed as 4 x 20 is actually 3.3 x 20,
b. Floating dock #3 is not listed, and should show 3.3 x 13.3,
c. 20 x 60 jet ski dock is #1 floating dock, and is shown as
58.3 x 18.4 on plan (1,072.72 sf platform),
d. Deck #1 listed as marine concrete deck is not shown as
concrete (hog slats) like Deck #2
3. Please correct Item #8 to reference new 31.5' breakwater
versus "existing breakway to be relocated".
4. Item #10 states replacing 4 slips with new slips. During recent
site visits, no existing slips were evident. However, 2018 and
2019 aerials show t15 mooring buoys have been placed .
seasonally. If the applicant's plans are to continue to place
mooring buoys onsite, the number and placement of these
buoys should be noted in the permit application, including the
site plans.
a. In the narrative you reference patrons will be able to
rent 30 non=powered craft, including sailboats.
Please confirm where sailboats will be stored and/or
moored. They should not be stored on the shoreline
in a vegetated wetland area.
b. In the narrative and application, you refer to 8 jet skis;
however, the proposed floating dock/platform is
proposed to accommodate 10 jet skis. Please clarify
and/or update.
Number 6.a. A Narrative has.been provided with the major permit
application: On page one you reference approximate square footage
(sf) of walkways and docks. Please include measurements of length x
width in your commentary. Also, the section(s) of walkway that are
over water should be referred to as a pier. The dimensions of the pier
should also be noted on the MP-4 form.
- On Page 2, please update the dimensions of the docks to match
the work plan drawing. The existing breakwater is being removed
and a new breakwater installed in a different alignment.
- Per the DWR 401 Certification Memo provided to you, your
narrative must reference the following two statements at the end
of your Narrative:
X
Mr. George H. Wood, CEP, PWS
June 3, 2021
Page 3
1. The project proponent hereby certifies that all information
contained herein is true, accurate, and complete to the best
of my knowledge and belief.
2. The project proponent hereby requests that the certifying
authority review and take action on this CWA 401
certification request within the applicable reasonable period
of time.
■ Form DCM7MP-4:
- Number 1.c. The dimensions of the 2 floating docks listed need
to match the work plan (3.3 x 13.3 & 20 x 3.3). You should also
list the dimensions of the hog slat pier located over the Sound.
Number 1.e. Please update the entries to note a 24.5 x 6
platform (open deck #2), a 25 x 15.5 platform (open deck #1) and
the 63.6x4 (lower deck).
a. The floating jet ski dock/platform (58.3 x 18.4), must
be shown on MP-4.
b. I do not see a 32x20 platform listed on the plans.
- Number 1.m. should be corrected to reflect total pilings as shown
on plans. Eight (8) are noted; however, we believe there should
be an additional piling portrayed in slip 4 to make a total of nine
(9) pilings.
- Number 2.a. There was no mention of new office toilets on
narrative. It was my understanding that no work was proposed
landward of the walkways and water -dependent structures. If this
entry is for existing bathroom, please delete this information..
- Number 7.b. The distance of structure to adjacent docking
facilities needs to be corrected. Based on the drawing, it would
appear that the distance is closer to 40' from pilings to existing
northern pier.
- Number 8. You should use this section to include information/
dimensions on the sections of walkway that will be replaced.
Adequate Work Plans or Drawings have not been submitted. The Plan
View must:
- Distinguish between existing and proposed features; please
indicate that all the upland structures are existing,
Mr. George H. Wood, CEP, PWS
June 3, 2021
Page 4
1. Remove proposed breakwater shown in Existing Conditions
within Project Area.
- Indicate the NWL at Shoreline,
- Show 30' and 75' CAMA AEC lines (these lines are shown on the
work plan drawing, however, measurements from the shoreline as
depicted appear to be inaccurate).
- Document sections of walkway versus pier,
1. 'Notes' section should be updated accordingly.
- Indicate wetland types (i.e. Coastal Wetlands and USACE 404-
wetlands).
- Provide a legend to clarify AEC lines and wetland vegetation
types,
- Move replacement stairs and benches out of the wetland
vegetation{if they are currently sited on the sandy shoreline, -
please adjust your site plan accordingly), and
- Submit 27 copies of work plan sheets if larger than 11" x 17;
1. For your consideration —we accept pdf scans of oversized
plans/colored drawings, as the application packages are
currently emailed to the review agencies; however, the
Division would need --at a minimum--6 oversized copies for
the Elizabeth City and Morehead City offices.
■ Access to the site for development activities needs to be addressed when
wetlands are present. Please provide a description of how the activities
will be carried out if crossing wetlands.
■ Documentation of Notification of Riparian Property Owners has been
provided via copies of the notification letters and Certified Mail -Return
Receipts.. Please forward the Signed Green Cards and/or signed riparian
notification forms.
To expedite our response to your permitting request, we will commence the detailed
review of your application for a permit pending the receipt of the additional information
requested above. However, the statutorily provided 75/150 days allowed for review
cannot commence until such time as we have received a complete application package.
Once your application has been accepted as complete, you will receive a separate
notification letter.
Mr. George H. Wood, CEP, PWS
June 3, 2021
Page 5
If it is not possible to render a permit decision within 70 days of the date when your
application is received complete, you may request a meeting with the Director of the
Division of Coastal Management and permit staff to discuss the status of your project.
Such a meeting will be held within five working days from the receipt of your written
request and shall include the property owner, developer, and project
designer/consultant.
Please do not hesitate to contact me at our Elizabeth City office, 252-264-3901, ext.
237, if you have any questions regarding this letter or the permitting process.
Sincerely,
evonne B. Carver
Environmental Specialist II
Division of Coastal Management
cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City
Ron Renaldi, District Manager, DCM, Elizabeth City
RDB Holdings, LLC, Applicant. Nags Head
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