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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 1Q1,4( , o etk ttwtP-e-- GCS. �L Renewal _ Transfer Message cece�r�l �n (�HG 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 <Form continues on back> 252.808.2608 :: 1-888-4HCOAST :: www.nccoastalmanagement.net 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> 252.808.2808 :: 1.888.4RCOAST :: www.nccoastalmonagemont.net 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 tJ /l/C Z xk F 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 Z L µkrA DCM — LUP Consistency Determinationjp Local Permit Officer Corps of Engineers— Regulatory Branch lar io2 /—017G,'1 DWR-401 Section (oYiensri D WR — Public Water Supply DEMLR—Stormwater DEMLR — Sod and Erosion l l 2 DOA — State Property Office Wildlife Resources Commission to�j,( I ZGvr<w lk N11Wiµ DMF — Shellfish Section $l13 I DMF — Habitat & Enhancement g jfj( Ir DNCR— Archives&History DNCR —Natural Heritage Program NCDOT NC Dept of Commerce jo i 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 O 6290�2,t8a3 yh�B:µ1�86�0ttP lie �tJ P�yage2 Of 2 3/ {7 ���lRl'irY1tY1��7{yrlflYatTW,t11''lllllr'(r�T11,: t8 Nrt ° N NC Bat Association Form No. 3 0 1976, Revised 0 111/2010 Primcd by Agreement with the NC Bar Association C s�anuupa,a 1E p N0 TA I? -,o AUQL�G RECEIVED AUG 0 4 2021 DCM-MHD CITY 10 0 Book 1860 Page 11Oa r 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. 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