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HomeMy WebLinkAbout88-20 Kayye & MorganPermit Class ........... Permit Number NEW STATE OF NORTH CAROLINA Department of Environmental Quality and r� Coastal Resources Commissti Vermit for X Major Development in an Area of pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Gary Kayye and Anne Morgan 3310 Environ Way, Chapel Hill NC 27517 Authorizing development in Currituck County adi. North Landing River & the Currituck Sound, at 122,128 and Parcel #00500000090000 Romm Pt. Rd., in Currituck Co., as requested in the permittee's application dtd 2/15/20 incl att workplan drawings (2) Sheet 1 of 2 dtd "Rev 3/24/20" and Sheet 2 of 2 dtd 1/20/20. This permit, issued on August 27, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )f these terms may be subject to fines, imprisonment or civil action; or may cause the permit to De nuts ana voia. Shoreline Stabilization - Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the permiuce or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority or the secretary or ury ana tnc • naa of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Gary Kayye and Anne Morgan Permit No. 88-20 Page 2 of 4 ADDITIONAL CONDITIONS 4) The bulkhead shall be constructed prior to any backfilling activities. 5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure 6) The fill material shall be clean and free of any pollutants except in trace quantities. 7) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 8) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 9) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 10) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) 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. Dockina Facility Reconfreuration at 122 Romm Point Rd. 13) This permit authorizes only the demolition of the existing facility, and the construction of the dock, piers, 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. 14) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 15) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Gary Kayye and Anne Morgan Permit No. 88-20 Page 3 of 4 ADDITIONAL CONDITIONS 16) This permit does not authorize any new formalized boat slips. The docking facility is authorized for no more than 1 formalized boat slip. 17) 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. 18) 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. USACE Conditions 19) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee euidelines.ndf. General 20) Should any of the Lots be sold prior to the initiation of construction of the above authorized development, the permittee shall obtain a written agreement from the new owner(s) for authorization to construct the portion of the authorized development within the property owner's riparian rights, and submit it to the Division of Coastal Management prior to initiating construction. 21) 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. 22) All debris associated with the removal or construction of the permitted facility shall be contained within the authorized project area and removed to an appropriate upland location. 23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-00688) issued 8/27/20. 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. 20-0514. Gary Kayye and Anne Morgan ADDITIONAL CONDITIONS Permit No. 88-20 Page 4 of 4 NOTE: Future development'of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New Major Mod Permit# _ _ Minor Mod Renewal Transfer Permit Coordinator: bcX6VIoy,- Field Representative: Date Time Message MAC A711n 4 �lr Ok t~CAG6 loll, I'D [)V� � W� 4 09Wj 4,0�� �ull� 6,�r-it�kiv c'SPtI� F 1CWC; A,�c s Z Q 1 g/ll� U�twa� � "lam DCM Coordinator: A40, Permit #: ^Z MAILING DISTRIBUTION SHEET ^�1 /GC�lAn Agents: t N Sw4l� �vN/� /51 4NC obe, (>DW , /0(/IL(a /S� M4g:�t G�JK.tiX� i v DCM Field Offices WElizabeth City �a �tt1 ` Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie,Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov bwi -- 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: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider-401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARO) -` Rodney Butler LPO: 1 ` 0, Loq)ft /*y4 `7 (NCDOT) Travis Wilson DCM NP-1 APPLICATION for 3 n;; Major Development Permit �cM_�� (last revlaed 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary APPlicantJLandowner Informahlon Business Name Project Name (if applicable) Applicant 1: First Name Gary MI Last Name Kayye Applicant 2: First Name MI Last Name Anne Morgan It sddillanel applicants, Please attach an additional pegs(.) adih names hated. Mailing Address 3310 Environ Way PO Box G1v Chapel Hill ZIP Gountry Phone No. 27517 USA 919.868 _3358 ext. Street Address (If dlBerent from above) city 122 Romm Point Road state sINC Email gary@theraveagency.com FAX No. 2. Agent/Contractor information Business Name Lyn Small, Inc. Agent/ ContractoE Ml Last Name LyF Small AgenV contractoMI Last Name Mailing Address 113 Ballast Rock Drive PO Box ffC%wells Point ZIP 27966 Phone No. 1 PhoneN 252- 491 _8562 FAX No. Contractorl 29760 Street Address (If different from above) City g Email lyn@lsimarineobx Com and jdriver@Isimarineobx.com <Form continues on back> State NC ZIP 27429 State NC at ZIP RECEIVED . I ;:,,,rr.<,t.ne1 APR 14 2020 DCM-MHD CITY APPLICATION for Major Development Permit Street Address Slats Rd. x 122 Romm Point Road Off of US 158 City State 21p Currituck NC 27429 Lot NO.(s) (ff many, attach addillonal page with 1151) 122-128 . & vacant lot a. In which NC river basin is the project located? a Is the water body identified In (b) above, natural or manmade? ®Natural ❑Manmade j]Unknown e. Is proposed work within city limits or planning judsdicfion? ®Yes ❑No 4. Site Description a. Total length of shoreline on the tract (ft.) 525' across 3 lots C. Size of individual tells) 0.44A) (;95A) (.66A) (If many lot sizes, please attach additional page with a lisf) e. Vegetation on tract Pine, Yupon,scrub & Grass & Phragmites b. I. Name of body of water nearest to proposed pr act Noe+" L 0.rawv_) � t d. Name the closest major watteer body to the proposed project '-eta 1. If applicable, list the planning Jurisdlctlon or city limit the proposed work falls within. Currituck County b. Size of entire tract (sq.ft.) 139,000 sq ft d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) ❑NHW or ®NWL 4' i. Man-made features end uses now on tract 2 residential homes with bulkhead, piers, platforms and boatlifts g. Identify and describe the existing land uses adjacent to the proposed project site. Rural residential It. How does local government zone the tract? Form DCM MP-1 (Page 2 of 4) 3. Project Location County (an be multiple) Currituck Subdivision Name Phone No. 919-868 -3358 ext. I. Is the proposed project consistent with the applicable zoning? SFM I (Attach zoning compliance certificate, if applicable) Oyes []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, ❑ye ONO ®NA If yes, by whom? I. is the proposed project located in a National Registered Histy, W Oloulut or does It Involve a National Register. Noted or eligible property? ❑Yee ®No ❑NA <Form ooflttnrres on next ptplp ReceigmlVED zsz-sd0.2.80a .. •t.8(; .n,t.r:o,1•. 1 4 2020 n e st a lm on f4,, ...,,RIC DCm-E&OHID CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ®Yea ❑No (if) Are there coastal wetlands on the site? ❑Yes ®No (lli) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yee ®No (Attach documenisti if available) n. Describe existing wastewater treatment facilities. Two private septic systems o. Describe existing drinking water supply source. Currituck Co water dept It. Describe extating storm we management or treatment systems. NA 5. Activities and /mpacts a. Will the project be for commerctel, public. or ®Private/Community b. Dive a bdel description of purpose, use, and daily operations of the project when complete. To provide new shore protection across two lots with aging bulkheads and one lot with failed bulkhead and pier/platform 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. Small excavator from shore d. List all development activities you propose. Bulkhead construction and pier construction and backfill e. Are the proposed activities maintenance of an existing project, new work, or Both approximate total disturbed land area resulting from ft g. Will the proposed project encircle on any public easement, public acoessway or other area that the public has established use of? h. Des: None ribe location entl type of existing and proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? j. la there any mitigation proposed? It yes, attach a mitigation proposal. <Form continues on backs or ❑Yee ONO ONA ReceiveItEcelvw n 3 2010 s2.aoa•zao,+ R 14 2020 10CM-E: f_ M-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 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) - A) are always applicable to any mayor development application. Please consult the application Instruction booklet on low to property prepare the required Items below. a. A project narrative. b Pr accurate dated work plat i n already plan wew and crr e i sectional orized o drawn to ecele. Please tthe present statue of the Proposed project pl end potion already complete? 11 previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed end proposed. c. A site or location map that is aufficlendy detailed ro guide sgency personnel unfamlliar with the ere, to the site. d. A copy of the deed (with iste eppllcalion on or other Instrument under which the applicant detms tide to the ellected properties. e. The appropriate eppllcalion lee. Check or money order made peyede b DENR. $400.00 A lint of the names and complete atltlreanes of the adjacent waterfront (rtperienj landowners and aignetl reNrn recall 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 protect to the Division of Coastal Management. Name U 8 ej/ U 1110 Phone No, Address 1527 Oxtiorough IMount Pleasant, SC 29466 Name I111, 1 eneVlBVti II DOn Phone No. Address 132 Romm Point, CUITitLl NC 27929 Name Address Phone No. g. A list of previous state or federal permits Issued for work on the project trod. Include permh numbers, permlttes, and Issuing dates. I Signed consultant or agent authorization form, II applicable. I. Welland delineation, if necessary, j. A signed AEC hazard notice for project, in oceanfront and Inlet areas. k. A etetement of compliance with the I . Environmental Policy Act (N.I Of public funds or use of public lands, attach a statement documentino be �.�.�. 1 .on I-r u), IT necessary. If the project Involves expena compliance with the North Carolina Environmental Policy Act. i unuerstano that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditlons and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _ 0 -1 5- 090 Print Name Gary Kavvc Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts pDCM MPS Upland Development pDCM I Structures Information Receivel(6EIVED guts 70a .t,z.uo+t.aeae APR 14 2020 - ..[a nn z,n�ur;munt.n5 �CM-fte+M-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. 8e sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet, Channel Other (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL) Breakwater shoreline Length Width Avg, Exlsting Depth Final Project Depth 1. EXCAVATION a. Amount of material to cubic yards. or Type of material to NA NA NA NA ®This section not applicable C. Ill Does the area to be excavated include coastal wellands/marsh it. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), OF other wetlands (WL)? If any boxes are checked, provide the number of square test affected. ❑CW __ ❑SAV ❑SB _ OWL _ []None (it) Describe the purpose of the excavation in these areas, 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. 0 This section not applicable b. Dimenelona of disposal area. c. (i) Do you claim title to disposal area? it. (i) Will a disposal area be available for future maintenance? Dyes ❑No ❑NA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (fi) It yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation SA f• (I) Does the disposal include any area in the water? or other wetlands WL ? 1 n ( V), shell bottom (SB), [Dyes ( ) 1 any boxes are checked, provide the []No ❑NA number of square feet affected. In) If yes, how much water area is affected? ❑CW _ ❑SAV _— ❑SB _ OWL _ []None (II) Describe the purpose of disposal in these areas; 'Received AVO is (`(� "RECEIVED Aft 4 2020 DCM-MHD CITY Form I)CM MP-2 (GNr:aVL9flort ato_I fill, P aqw z 3. SHORELINE STABILIZATION (It development is a wood groin, use MP-4 — Structures) a. Type of shoreline slabilizaton: 08ulkhead ❑Riprap ❑Breakwater/Sill ❑otter: c. Average distance waterward of NHW or WL: IY.Sr � C �a1�Ir z� pe. Type o�tabilization material: �- oR•r u Vinyl sheelpile 6163 g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap _ kwa[erlSill p Breahep I. Source of fill met I, i Upland borrow pit '4YaMdc'� A OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (f) Will fill material be brought to the site? If yes, (il) Amount of material to be placed in the water _ (III) Dimensions of fill area _ (Iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on eft. and ero.bn controlled? Completed bulkhead c. (I) Will navigational aids be required as a result of the project? ❑Yes Ohio ❑NA (t) If yes, explain what type and how they will be implemented. Date 02-15-2020 Project Name Kayye Bulkhead & dock 252-f10B.48D8 :: 9-aba-4gCOA8T :: www.nu4c�_i:.. •`• _�, raft;..: ❑This section not applicable Width: f_ l"CJ4 spry✓eb Maximum distance yvateriviifitV NHW NVIL NL RSL 1-4— (I) Has Has there been shoreline erosion during preceding U months? Dyes ONO ❑NA (k) It yes, state amount of erosion and source of erosion amount information. Local observation and approx 17' per year h. Type of fill material. Clean send ®This section not applicable Will fill material be placed in coastal wetlands/mareh (cW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB _ ❑WL r-INnne (ii) Describe the purpose of the fill in these areas: b. What type of constructlon equip b&OkhOe, or hydraulic dredge)? Excavator d. (i) Will wetlands be crossed in transporting equipment to project site? ❑yes ONO DNA (III If yes, explain steps that will be taken to avoid or minimize environmental Impacts. Will Applicant Name /'lFIVED Gary Kayye is Applicant Signature 4 L020 DCM-MHD CITY revised: 'I:i12G/L'r'i Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITYAWARINA CHARACTERISTICS ❑This section not applicable a. (I) Is the docking facllity/marina: b. (I) Will the facility be open to the general public? ❑Commercial ❑Public/Government ®Private/Community Oyes ONO C. (1) Docks) and/or pier(s) (11) Number 1 (III) Length 2g' (IV) Width 6_ (V) Floating Dyes ONO e. (q Are Platforms included? ®Yes ❑No If yes: (ii) Number 2 IN) Length (16) (18) (iv) Width (18) (4) (v) Floating ❑Yes ONO Note.' Roofed areas are calculated from ddpline dimensions, g. (t) Number of slips proposed 0 (it) Number of slips existing 1 I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel OOpen water; no dredging required ❑Other; please describe: k. Typical boat length: 25' in (1) Will the facility have tie pilings? ❑Yes ONO 00 If yes number of tie pilings? 2a2-UUa-28Ua :: 1•Ltia-ARCut. `.. vvH era _. , d. (I) Are Finger Piers Included? ❑Yes ONO If yes: (ii) Number _ (lit) Length (IV) Width _ (v) Floating ❑Yes []No f. (I) Are Boatlifts included? OYes ❑No If yes: (if) Number 1 (Existing) (III) Length 12 (iv) Width 12 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: ® Dry storage; number of boats: 1 (Existing) ❑ Boat temple); number of boat ramps: ❑ Other, please describe: I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). PWL'S and Skiffs I. (i) Will the facility be open to the general public? ❑Yes ONO 'Recealved RECEIVED p� yA�PyR�r141020 DCM,A4J4J) CITY M-F ~reCl. 1 �Il'%ItrC �V Fnrm DCM MP-4 (Structures:;, P:,y,. old) 2. DOCKING FACILITy/MARINA OPERATIONS a. Check each of the following sanitary facilities that will be Included In the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boatholding tank pumpout: Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater, C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of 'No Sewage Discharge" signs proposed. 00 Give the location and number of "Pumpout Available' signs proposed. ®This section not applicable f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? In. Give the number of channel markers and "No Wake" signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. I. Whet will be the marina policy on overnight and live -aboard dockage? Ir. Describe design measures that promote boat basin flushing? I. If this project Is an expansion of an existing marina, what types of services are currently provided? :-Ju-2aob a 'I -ebb . RECEIVED APR 14 2020 eC@IV -MHD CITY a'» taro a(x DCM=C f'brfn dCM MP-4 (Strruaurr3s, Iral{a s ,,t =r) in Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? Elyse ONO o. Is the marina/docking facility proposed within or adjacent to coastal wedandshnarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? It any boxes are checked, provide the number of square feat affected. ❑CW __ ❑SAV ❑SB _ ❑WL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? El Yes ❑No It yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered ii ®This section not applicable a. (I) Is the boathouse etruuMure(e): ❑Commerclal ❑PubliC/Government ❑Private/Community, (Ip Number _ (III) Length (iv) Width _ Hole: Roofed areas are calculated from dnpxne dimensions. 4, GROIN (e.g., wood, sheetpile, etc. It a rock groin, use Ili Excavation and Fill.) OThis section not applicable a• (I) Number _ (it) Length (si) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, N WL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): []Commercial ❑Public/Govemment ®Private/Community a Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing ❑This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) I 'Ceived ;l -----RECEIVED APR 14 2020 0CM-MIID CITY j 7. GENERAL a. Proximity of structures) to adjacent riparian property I' b. Proximity of structures) to adjacent docking lacditi Note: For buoy or mooring piling, use arc of sl Including ieng 6 ,q�/b fe of vessel. C. Width of water body a miles +/- e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No DNA (11) If yea, explain what type and how they will be implemented. 8. OTHER a. Give complete description: 02-15-2020 Data Project Name _ -Gary Kayye Applicant Name Applicant Signature X02•sa8.2a08 :: 7-a68-4NCOSL';: -: . d. Water depth at waterward end of structure at NLW or NWL 5' ❑This section not applicable Received RECEIVED tvill Aw a 1010 (bc- APR 14 2020 (CX-EC DCM-MHD CITY Rvls ,& I2127infii ROY COOPER Governor MICHAEL S. PECAN Secretory BRAXTON C. DAVIS Director Gary Kayye (g_arvCa.theraveagencv.com) Anne Morgan Dear Mr. Kayye and Ms. Morgan, NORTH CAROLINA EnvlronmenralQuallty August 24, 2020 This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities construct a bulkhead and reconfigure an existing docking facility, in.Eartelist County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c) which would make November 5, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Elizabeth City Lyn Small (lyn@isimarineobx.com) AD Q� North Carolina D"p eMof Environmental Quality I Division of Coastal Management Morehead City Offke 1400 Commerce Avenue I Morehead City, North Carolina 28557 252.8081808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, August 24, 2020 9:17 AM To: gary@theraveagency.com' Cc: Lyndon Small; Renaldi, Ronald; Godfrey, Ella M Subject: Kayye and Morgan extension Attachments: Kayye and Morgan EXT.pdf Morning Mr. Kayye, Please see above for the extension letter for the project. We had previously placed the project on hold due to USACE needs and took the project off hold once USACE was satisfied on 6/22/20. This adjusted the 75 day date to 8/22/20. Unfortunately I have not received any authorization at this time. I have been in contact with the USACE concerning your application and will do so again today. Once the USACE has completed their review I am confident I will be able to make a final decision immediately thereafter. Thanks, Gregg i dmme.ya�sce�r� /`� j Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) J Gregg.Bodnar@ncdenr.aov Emet)correspondence to and from this addreabsubJect to the NorthCoroBna Pubfk Records Low and may bedhdosed to thhd porda, ROY COOPER NORTH CAROLINA Governor Envf vn ental Qo0&y MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 22, 2020 Gary Kayye (g_aa&!eraveagency.com) Anne Morgan SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Gazry Kayye and Anne Morgan in Currituck County Dear Mr. Kayye and Ms. Morgan: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Elizabeth City office on April 3, 2020. On April 17, 2020, processing of your application was placed on hold pending resolution of issues with The NC Division of Water Resources (NC DWR) and the US Army Corp of Engineers (USACE). This office received correspondence from the USACE on June 10, 2020 noting that concerns have been addressed and the project will be processed through the USACE 291 process. In addition, the NC DWR issued their General Certification on June 18, 2020. Therefore, with the concerns of the NC DWR and USACE satisfied, processing of your permit application has officially resumed. The revised projected 75-day deadline for making a decision is August 22, 2020. Please feel free to contact me by phone at (252) 808-2808 ext. 215 if you would like to discuss this matter further. Sincerely, Ii i Gregg Bodnar Assistant Major Permits Coordinator CC: Lyn Small (ivnna.isimarineobx.com) DCM Elizabeth City Anthony Scarbraugh, DWR WaRO (via email) Josh Peletier, USACE Washington Regulatory Field Office (via email) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 h Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, June 22, 2020 4:07 PM To: 'gary@theraveagency.com' Cc: Lyndon Small; Corbett, Robert W; Scarbraugh, Anthony; Pelletier, Josh R CIV CESAW CESAD (USA) Subject: Kayye and Morgan DCM Off Hold Attachments: Kayye&Morgan OFF HOLD.pdf Afternoon Mr. Kayye, With DWR certification and USACE indicating that the project is again in process I am taking the project off hold. Please see above for the adjusted 75 day date. Regards, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 21S (Office) remBqAnaE@ncdenr.&qv &=H correspondence to and Jrom this address is subject to the North CaroBoa Public Records Law and may be disclosed to third parties. ROY COOPER Gov w MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dist w Gary Kayye ( ary .theraveagency.com) Anne Morgan NORTH CAROLINA Environmental Quality April 17. 2020 SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Gary Kayye and Anne Morgan., in Currituck County Dear Mr. Kayye and Ms. Morgan: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Elizabeth City office on April 3, 2020. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. The required item is summarized below: I) Based on correspondence submitted by The US Army Corp of Engineers (USACE) dated April 15, 2020, the USACE has requested additional information concerning a wetland delineation. A copy of the email detailing the request will be provided as an attachment in the email with this notification. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the required information is provided to the USACE and a copy of the approval supplied to this office. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at grege.bodnar(&,ncdenr.gov. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead Clty Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.8082808 Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: Lyn Small (lyn@Isimarineobx.com) Robert Corbett, DCM Elizabeth City Anthony Scarbraugh, DWR WaRO (via email) Josh Peletier, USACE Washington Regulatory Field Office (via email) North Carolina Department of Environmental Quality I Division of CoastalManagement Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 752.8082808 Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Wednesday, April 15, 2020 11:34 AM To: Corbett, Robert W Cc: Bodnar, Gregg Subject: [External] Kaye, Morgan--Romm Point Robert, I hope this finds you well. I received the CAMA Major application for Kaye, Morgan today. It appears the lot is wooded that they are going to be bulkheading. I know its mentioned in the application but we will need a wetland delineation completed along the shoreline before we can process on our end. I know with the site visit restrictions this could take some time. Perhaps the applicant could utilize a consultant to complete a delineation report. That along with some pictures could possibly give me enough information to complete this without a site visit. Let me know your thoughts and how you and the applicant would like to proceed. Thanks and let me know if you have any questions! Josh Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Email: josh.r.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm apex/f?P=136:4:0 Thank you for taking the time to visit this site and complete the survey. Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, April 17, 2020 8:06 AM To: gary@theraveagency.com Cc: Corbett, Robert W; lyn@lsimarineobx.com Subject: Kayye Morgan CAMA Hold Attachments: [External] Kaye, Morgan--Romm Point; Kayye and Morgan ON HOLD.docx Morning Mr. Kayye, Please see above for the hold notice for the project. I received a request from the USACE concerning a wetland delineation (also attached above). Though documentation in your file notes that one was requested, the USACE has provided additional information on how to complete one during current conditions. It is my understanding that USACE has suspended site visits for the foreseeable future. Due to the request the project has been placed on hold until a delineation can be conducted and the USACE is able to resume review. In the attached email is contact information for the USACE in case you have any questions regarding conducting the delineation through a contractor. Thanks, Gregg ., R EQ� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 ON 2US ext 21S (Office) ! GM%WnagPncdenr.aov Email correspondence to andfrom this address is subject to the North CaroNna Pablk Records Low and may be disclosed to third parties. Bodnar, Gregg From: Sent: To: Cc: Subject: Attachments: Hey all, Sent out the hold this morning. Thanks, Gregg Bodnar, Gregg Friday, April 17, 2020 8:08 AM Pelletier, Josh R CIV CESAW CESAD (USA); Scarbraugh, Anthony Corbett, Robert W Kayye and Morgan hold Kayye and Morgan ON HOLD.pdf rv,.DEQ� m�rtrrereea tarm®.r_atNay� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quaihy 252 808 28M ext 21S (Office) Gremt.liodnarAsn cdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parthx. Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, April 16, 2020 4:27 PM To: Corbett, Robert W Subject: Kayye and Morgan Hey Robert, Looking over this one and noticed that the 3`^ property is owned by Room Point NC LLC., but they are not part of the application. NC sec of state web site shows a Mary Romm as member. Do you know how this ties into the application ? Thanks, Gregg �..� R E Q Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28W eM 215 (Office) GreRe.Bodnariftcdenrsov Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Gary Kayye & Anne Morgan COUNTY: Cu►rituck PROJECT NAME: Bulkhead and docking facility LOCATION OF PROJECT: 122,128, Parcel #00500000900000 Romm Point DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-3-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No FIELD REPRESENTATIVE: Robert Cor DISTRICT OFFICE: ELIZABETH CITY DISTRICT MANAGER REVIEW: Date B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (WO) # III(D) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 4-19-20 END OF NOTICE DATE: 5-9-20 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEAD�INE: 6-17-20 f j\JAV ley 150 DAY DEADLINE: HOLDS: 001 p 1ty Aqlzltr EMAIL OUT DATE: 4-14-20 STATE DUE DATE: 5-5-20 PERMIT FINAL ACTION: ISSUE DENY AGENCY II DATE I NOTES COMMENTS OBJECTIONS: RETURNED YES NO I DCM -Field Rep 17��/Lo I 1 16�M' r CXC I DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch I "Ill 70 \661 �(/�/poi 141115I70 Vr i/^C c Il w `� � ?qu DWR-401 Section 1d 20-0�/ DWR- PublicWaterSupply x DEMLR - Stormwater y 70 L? DEMLR - Sed and Erosion DOA - State Property Office S (o w Wildlife Resources Commission i/l )C G ploR DMF - Shellfish Section 4 70 % DMF - Habitat&Enhancement air 1� K DNCR- Archives&History S I L0 )G DNCR-Natural Heritage Program 0011/011 NC Dept of Commerce 11 " I11I7P 11 11 x 11 RECEIVED I APR 14 2020 DCM-MHD CITY ,l 1. 1 1 � ; ;q ROY COOPER NORTH CAROLINA Governor EnvfronmeNa(Qudtfy MIC14AEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Ron Renaldi, District Manager 12 A-R, FROM: Robert Corbett, Field Representative Z (,C DATE: April 8, 2020 SUBJECT: Gary Kayye & Anne Morgan Major Permit Recommendations The applicants propose to construct a bulkhead across 3 separate lots with a maximum distance waterward of 36' measured from normal water level. The applicants also propose to construct a 29' x 6' L shape pier with a 16'x 18' platform, as well as a 16' x 4' dropdown platform. The site of the proposed development is located at 122, 128, and parcel # 005000000900000 Romm Point, off of SR 168, Currituck County, adjacent to the North Landing River of the Currituck Sound. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a) (1) States "Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkhe*CEIVED DAPR 14 2020 North Carolina Department of Dwtnonmental Quality I Division of Coastal Management DCM-MHD CITY r �izabeth City Office 1 401 South Griffin Street. Suite 3011 Elirabeth City. North Carolina 27909 Gregg Bodnar, Assistant Major Permits Coordinator Gary KaWe & Anne Morgan Major Permit Recommendations April 8, 2020 Page 2 culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches;" Consistent: The proposed development is considered water -dependent. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish bed, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. RECEIVED APR 14 2020 DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Gary Kayye & Anne Morgan Major Permit Recommendations April 8, 2020 . Page 3 Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (6) Piers and Docking Facilities. (7) and Bulkheads, pertain to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (6) Piers and Docking Facilities Subparagraph (6) (A) states, "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 development is consistent with the intent of this rule. Subparagraph (6) (B) states, "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 proposed development is consistent with the intent of this rule. Subparagraph (6) (C) states,. "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 proposed development is consistent with the intent of this rule. Subparagraph (6) (D) states, "A boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6) (E) states, "The total area enclosed by an individual boat lift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift;" Consistent: The proposed development is consistent with the intent of this rule. RECEIVED APR 14 2020 DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Gary Kayye & Anne Morgan Major Permit Recommendations April 8, 2020 Page 4 Paragraph (7) Bulkheads Subparagraph (7) (A) states, "Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Inconsistent: The proposed bulkhead alignment averages 14.5' waterard of NWL Subparagraph (7) (B) states, "Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (7) (C) states, 'Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead." Consistent: The applicants have indicated that clean fill will be used. Subparagraph (7) (D) states, `Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: 'The proposed development is consistent with the intent of this rule. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Consistent: The proposed bulkhead aligns with the adjacent property to the southwest. (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented RECEIVED APR 14 2020 OCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Gary Kayye & Anne Morgan Major Permit Recommendations April 8, 2020 Page 5 by the Division of Coastal Management; Consistent: The proposed development is consistent with the intent of this rule. (v) the property to be bulkheaded is in a nonoceanfront area." Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07K 0209 Use Standards Paragraph (d) (1) states "All development projects, proposals, and designs shall preserve natural barriers to erosion, including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (2) states "All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to service the primary purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation shall be permitted if impervious areas are not increased and the applicant designs the project to comply with the rule to the maximum extent feasible." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (3) states "All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water that is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (13) No development project proposal or design shall propose an angle for graded slopes or fill that is greater than an angle that can be retained by vegetative cover or other erosion -control devices or structures. RECEIVED APR 14 2020 DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Gary Kayye & Anne Morgan Major Permit Recommendations April 8, 2020 Page 6 Consistent: The proposed development is consistent with the intent of this rule. (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." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (4) states "Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (5) states "Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (6) states "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." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (7) states "Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Natural and Cultural Resources." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (8) states `Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the use of the accessways." Consistent: The proposed development is consistent with the intent of this rule. RECEIVED APR 14 ZOZO 0CM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Gary KaWe & Anne Morgan Major Permit Recommendations April 8, 2020 Page 7 Paragraph (d) (10) states "specific information, degrade the water quality or outstanding resource values. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section;" Consistent: The proposed development is considered water dependent. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend issuing a permit be issued to Gary Kayye and Anne Morgan for the development as proposed, provided the USACE approve the 404-wetland fill. RECEIVED APR 14 2020 DCM-MHD CITY Bodnar, Gregg From: Moore, Bill Sent: Wednesday, April 15, 2020 2:44 PM To: Bodnar, Gregg Subject: CAMA Major Applications - sw reviews Hey Gregg, Based my review of the following CAMA Major Applications, a stormwater permit will not be required for these projects at this time. I have documented the following stormwater exemptions for our files. Please advise if you have any questions. 1) Gary Kayye & Anne Morgan — Currituck County 2) Wilbert & Donna Watson — Pasquotank County 3) Baycliff HOA— Dare County ROY`.000PER Covembr MICHAEL S. REGAN secretary BRAXTON C, DAVIS Dlrcdor April 14, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courler04-16.33) gredsr bodnar(Mricderingov. SUBJECT: CAMA /Dredge & Fill Application Review Applicant:, Gary Kayye & Anne Morgan Project Location: 122,128, Parcel #00500060900000 Romm.Polnt In Currltuck County Proposed Project: Construct bulkhead across 3 lots, a L-shaped pier and a dropdown platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grean Bodnar at the address above by May 5, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-W.4-39016 ext. 2353 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 PRINT AGEN( SIGMA' DATE rh D..EQ APR 1 5 2020 MP SECTION MHD North Carolina Department ofErMronmealal gttality.l Dlvlslon of Coastal Management Elizabeth city orllce 1401South Gtif(NStreet,$uito3001 Elizabeth Clly,Norlh Carollna27909 252.264,3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 14, 2020 MEMORANDUM: NORTH CAROLINA Ehvlronmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courler 04-16.33) greoa.bodnar0rodenr.Qov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Gary Kayys & Anne Morgan Project Location: 122,128, Parcel #00500000900000 Romm Point In Currituck County Proposed Project: Construct a bulkhead across 3 lots, a L-shaped pier and a dropdown platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greprr Bodnar at the address above by May 5, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 2353 when appropriate, in- depth comments with supporting data is requested. REPLY: This,agency has no objection to the project as proposed. "'Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kacee C Zinn AGENCY SIGNATURE DATE NCDMF Shellfish Sanitation xci Z'� for Shannon Jenkins 4/14/20 vM,tlO Pm,YtlOut/ RECEIVE® APR 1 4 2020 IWP SECTION NISI® 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 21909 252.264.3901 RAY COOPER cmrrmsr MICHAEL S. REGAN Swearp BRAXTON C. DAVIS r ovo April 14, 2020 NORM CAROLINA EnWronmcorarQuortty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave.. Morehead City, NC 28557 Fax 252-247-3330 (Courier 04-16-23) gregn.bodnarCa�ncdencigov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Gary Kayye & Anne Morgan Project Location: 122,128, Parcel 000500000900000 Romm Point In Currituck County Proposed Project: Construct a bulkhead across 3 lots, a L-shaped pier and a dropdown platform Please indicate glow your agency's position or viewpoint on the proposed project and rotirrrr'this form to Grega Bodnar at the address above by May 5, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext 2353 when appropriate, in- depth comments vrith 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 Lee Padrick AGENCY NC Commerce RECEIVED SIGNATURE I (/ K 6® DATE 4-17-20 APR 1 7 2020 MP SECTION MHD MW ;:; � � Nutth CH:ol+na Uervrtmrnt of rsrvho,usrnlr{ q,r.+rily i Uivi4am pt Costal ftn,anyemmt ritrabrth City orflx.14035muh Csv+fln 5ltrrl. Adtr ]t1U 1 ptza6rU, Chy.tb,ih Cxn'}ns rt0U4 W 764 3901 ROY COOPER ('overiior MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director April 14, 2020 MEMORANDUM: N yp;Apy+ a i �g�j. e �q}ye x: ahx e FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ'-Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 25z247-3330 (Courier04-16-33) grega.bodnarid,ncdenr:aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Gery,t ayye & Anne Morgan Project Location: 122,128, Parcel #00500000900000 Romm Point In Currltuck County Proposed Project: Construct a bulkhead across,3 lots, a L-shaped pier and a dropdown platform Please indicate below your agency's position or viewpoint on the proposed: project and return this form to Greaa Bodine at the address above by May 5, 2026. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-Ml, ut. 2353 when appropriate, in- depth comments with supporting data is requested. This agency has no objection to the project as "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, RECEIVED' APR 2 A 2020 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management aizabeth City Office 1.401 South Griffln Street, Suite 3001 EllmbethChy, North Carolina 27909 252164.3901 ROY,COOPER Ocventor MICHAEL S. REGAN. 'Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM Chartan Owen6,'Nit Dlstliot Planner -Division of COa _el Management SUBJECT: Major Permit Request by Gary Kayye and Anne Morgan to install 425 linear feet of vinyl bulkhead along Parcel # #005000000900000 Romm Point Road and at 122 and 128 Romm Point Road, and a 6 foot wide by 29 foot long "L" shaped pier with a 16 foot by 18 foot terminus platform and a 16 foot by 4 foot drop down platform at 122 Romm Point Road, on North Landing River; in the Crawford Township, Currituck County. DATE: April 27, 2020 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through July 2, 2019. Overview: The project area consists of three (3) contiguous properties with a combined shoreline of 560 linear feet along the North Landing River, which connects to the Currituck Sound. Parcel #005000000900000 (owned by Romm Point NC, LLC) and the properties at 122 (Gary Kayye) and 128 Romm Point Road (Anne Morgan) total 3 acres. Water depths range from -1 foot to -5 feet and average -3 feet near the shoreline. A 140 sq. ft: area of what appears to be Section 404 wetlands is located along the northernmost 60 feet of shoreline. Combined, the parcels average an elevation of approximately 5 feet above Normal Water Level (NWL). The properties are vegetated with grasses, shrubs and trees. The properties are primarily located outside of a floodzone, with the shoreline fringe located within the AE Floodzone. Existing site improvements include single family houses on 122 and 128 Romm Point Road. The unaddressed parcel is vacant. Existing shoreline improvements consist of continuous aging and remnant wooden bulkhead along each shoreline; a 25 foot bulkhead return wall lined with riprap on the unaddressed parcel; a 6 foot wide by 16 foot long "T" head pier with an 8 foot by 16 foot terminus platform and a 12 foot by 12 foot boat lift at 122 Romm Point Road, and; a 6 foot wide by 27 foot long "L" shaped pier with a 16 foot by 16 foot terminus platform at 128 Romm Point Road. The shoreline has an escarpment that ranges from 1 foot to 14 feet. APR 2 8 2020 North Carolina Department of EnvirDnmentai Quality I Division of Coastal Management Elizabeth City ollla 1401 South GrlfHn Street, Suite 3001 Ellwbeth City, North Carolina 2N09 2SZ264.3901 P SECTION MIL D North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 5 Installation of 425 linear feet of vinyl bulkhead and installation of a 6 foot wide by 29 foot long "L" shaped pier with a 16 foot by 18 foot terminus platform and a 16 foot by 4 foot drop down plafform are proposed. The bulkhead will tie into existing bulkheads on adjacent properties to the north and south. The bulkhead will average 14.5 feet waterward of NWL with a maximum distance of 36 feet waterward of NWL. The "L" shaped pier will be located along the shoreline of 122 Romm Point Road. The existing "T head pier at 122 Romm Point Road will be removed but the boat lift will remain. The waters of the North Landing River in this area are classified as SC and Joint Waters and are closed to shellfish taking. No submerged aquatic vegetation was observed growing at the project site. Based on available information, there appear to be no archaeological sites on or near the property. Anticipated impacts resulting from this project are expected to include: the excavation of .14 acre of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the shading of 526 sq. ft. of Public Trust Area/Estuarine Waters AEC, and; the disturbance of .20 acre of High Ground within the Estuarine Shoreline AEC. As indicated on the site plan, the 140 sq. ft. area of what appears to be Section 404 wetlands will be backfilled. The staff report indicates that a USACE wetland delineation has not been performed. A statement in the permit materials indicates that a site visit with a USACE agent will be scheduled. Basis for Determination: The properties are designated as "Full Service Areas' on the Currituck County Future Land Use Map (FLUM); with Areas of Environmental Concern (AECs) also designated as "Conservation Areas" as indicated on Page 11-1. ' The properties are also located in the "Courthouse" sub area. As indicated on Page 11-1, the purpose of the Conservation designation is to provide for the long- term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The designation is applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features. As indicated on Page 11-2, the standards of the Conservation class shall be applied in accordance with the site specific information made available during special studies and/or the land development process. Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". APR 2 g 2020 »o fill, i ta� 4n: North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 5 Land Use Plan policies address the use of vegetated buffers to reduce pollutants and protect water quality. In this case, bulkhead will help protect water quality by reducing soil erosion and sedimentation. The following LUP policies may be applicable to this request: Public Access Policies (PA): Policy PA1, Page 9-3. 'Public access to the sound and ocean waters of Currituck County is essential to the quality of life of residents and visitors, as well as the economy of the area. The County supports the establishment of ADDITIONAL PUBLIC AND PRIVATE ACCESS opportunities to the waters of Currituck County...." Land Use Compatibility: Policy ES2, Page 9-5. "NON -COASTAL WETLANDS... shall be conserved for the important role they play in absorbing floodwaters, filtering pollutants from stormwater runoff, recharging the ground water table, and providing critical habitat for many plant and animal species. Currituck County supports the efforts of the U. S. Army Corps of Engineers in protecting such wetlands through the Section 404 permit program of the Clean Water Act as well as Section 401 water quality certifications by the State of North Carolina." Policy ES4, Pages 9-5 and 9-6. "In approving new developments, Currituck County shall support the retention or creation of vegetated buffer area along the ESTUARINE SHORELINES as a simple, effective and low-cost means of preventing pollutants from entering estuarine waters. Exceptions to this requirement may include developments involving pre-existing man-made features such as hardened shorelines, ditches, and canals... The County also supports CAMA use standards for all COASTAL SHORELINES, whether estuarine or otherwise." h UE.CIELiLI PY APR 2 S 2020 jip STECTION PAID North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 5 Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependant (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." Policy ES6, Page 9-6. "The location and design of piers and docks shall not unduly interfere with the rights of the public to the free and unobstructed use of PUBLIC TRUST WATERS for navigation, fishing, and other uses. Efforts to limit the length of piers into public trust waters shall be supported." Natural Hazards: Policy NH 1, Page 9-16. "The County recognizes the risks to life and property that exist within SPECIAL FLOOD HAZARD AREAS (i.e. areas having a 1 % chance of flooding in any year) that may be inundated during major storm events. The County will continue taking measures to mitigate these risks and will avoid taking any action in these areas that materially increases risks to life and property." Policy NH2, Page 9-16. "The County shall require development and redevelopment within SPECIAL FLOOD HAZARD AREAS to meet the standards of the National Flood Insurance Program and the County's Flood Damage Prevention Ordinance..." Policy NH 8, Page 9-16. "Currituck County encourages owners of PROPERTIES ALONG ESTUARINE SHORELINES to employ the least hardened approach to shoreline stabilization (i. e. marsh grass favored over riprap favored over bulkhead, etc.) provided that reasonable access is available to install the technology available." APR 2 g 2020 MP 5ECTiON MHD North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 5 of 5 Water Quality: Policy WQ 3, Page 9-17. "Currituck County supports policies, plans and actions that help protect the water quality of the county's estuarine system by preventing SOIL EROSION AND SEDIMENTATION, and by controlling the quantity and quality of STORMWATER RUNOFF entering the estuary." Policy WQ 4, Page 9-17. "RUNOFF AND DRAINAGE from development, forestry and agricultural activities shall be of a quality and quantity as near to natural conditions as possible. Post - development runoff shall not exceed pre -development volumes." Policy WQ 5, Page 9-17. "Development that preserves the NATURAL FEATURES OF THE SITE, including existing topography and significant existing vegetation, shall be encouraged..." Policy WQ 6, Page 9-17. "Currituck County supports the retention or preservation of VEGETATED BUFFERS along the edge of drainage ways, streams, and other components of the estuarine system as an effective, low cost means of protecting water quality." Local Countywide Concerns: Policy HP4, Page 9-20. "The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC RESOURCES, AND ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged." �CEIVED APR 2 R 2020 WITS SECTION MHD ICLICI V CU: 0/2020 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 14, 2020 NORTH CAROLINA Environmental Quality ER 20-0907 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) QreQQ. bod nar(a)ncdenrgov SUBJECT: CAMA / Dredge & Fill Application Review Due: 5/15/2020 A-- NC NCH 0510812020 Applicant: Gary Kayye 8, Anne Morgan Project Location: 122,128, Parcel #00500000900000 Romm Point in Currituck County Proposed Project: Construct a bulkhead across 3 lots, a L-shaped pier and a dropdown platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grean Bodnar at the address above by May 5, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 2353 when appropriate, in- depth comments with supporting data is requested. This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY _ Historic Preservation Office RECOoff ED SIGNATURE _ R.2�,WJL&L - DATE 05/13/2020 MAY 1 3 2020 �DE �y MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 14, 2020 MEMORANDUM: �9uzgivm NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:252-247-3330 (Courier04-16.33) greeg.bodnar( ncderILM SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Gary Kayye & Anne Morgan Project Location: 122,128, Parcel 000500000900000 Romm Point in Currituck County Proposed Project: Construct a bulkhead across 3 lots, a L-shaped pier and a dropdown platform 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 May 5, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 2353 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" h _)r— This agency has no comment on the proposed project. (� h This agency approves of the project only if the recommended changes � pp are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME WQ,u2-L0.�(1r0..rc) n- AGENCY I"�, WAn " SIGNATURE f 2 )r-A.4 zA-e- 1-FLt eU RECEIVED DATE &,'S ao 20 MAY 6 2020 MP SECTION MH® North Carolina Department of Environmental Qoality I Dlvislon of Caastal Management Elizabeth City Office 1401 South Griffin Street, Suite 9001 Elizabeth City, North Carolina 27909 252.2643901 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Gary Kayye and Anne Morgan 3310 Environ Way Chapel Hill, NC 27517 6_,.. 610 n� ll NORTH CAROLINA Environmental Quality June 18, 2020 DWR Project # 20-0514 CURRITUCK County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Bulkhead Installation across 3 lots at 122, 128, and Parcel #00500000900000 Romm Point, Currituck County Dear Mr. Kayye and Ms. Morgan: You have our approval for the impacts listed below for the purpose described in your application dated April 14, 2020 and received by the Division of Water Resources (Division) on April 14, 2020 with subsequent information received on June 10, 2020. These impacts are covered by the attached Water Quality General Certification Number4175 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) orgeneral 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 02H .0506(b)(c)jj Type of Impact Amount Amount Plan location/ Reference Approved (units) Approved (units) Attached Permanent Temporary Wetland W1 Bulkhead Fill 0.003 (acres) 0 (acres) Sheet 1 of 2, 2 of 2 Waters OW3 —Bulkhead Fill 0.142 (acres) 0 (acres) Sheet 1 of 2, 2 of 2 OW2 — Shading from 0.012 (acres) 0 (acres) Pier and Platform 2. Water Quality Certification NNW ROUR X77 JUN 2 2 2020 gD_EQ� mn .mwmwio� /'� North Carolina Department of Environmental Quality I Division st� oo(gqfWater Resources p' Washington Regional Office 1 943 Washington Square Mail 16y�$(dh m CTolOMg Ptl HD 252.946,6481 DWRg20-0514 f d% 401 APPROVAL Page 2 of 4 The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02H .0507(c)] 3: The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http://edocs.deg.nc.gov/Forms/Certicate-of-Completion). [15A NCAC 02H .0506(b)(5)] Continuing Compliance 4. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0201 (f)] 5. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200). Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 6. Turbidity Standards The Permittee shall adhere to Title 15A NCAC 02B .0220 Tidal Salt Water Quality for SC Waters, including but not limited to: [15A NCAC 02B .0220 (12)] pH: shall be between 6.8 and 6.5, except that swamp water may have a pH as low as 4.3 if it is the result of natural conditions. [15A NCAC 02B .0220(12)] [15A NCAC 02B .0220 (19)] Turbidity: the turbidity in the receiving waters shall not exceed 25 Nephelometric Turbidity Units; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard shall be deemed met when land management activities employ Best Management Practices. [15A NCAC 02B .0220(19)] 7. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51 This Certification 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 RECEIVED J U N 2 2 2020 MP SECTION MAD D W R # 20-0514 401 APPROVAL Page 3 of 4 OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the.petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Anthony Scarbraugh at 252-948-3924or anthony.scarbrauehCcpncdenr.eov if you have any questions or concerns. Enclosure: GC 4175 Sincerely, RoGwt TM." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ qq dl rs r� JUN 2 2 2020 VIP SECTION IMF!® DWR#20-0514 1 401APPROVAL Page 4 of 4 cc: Lyn Small, Lyn Small, Inc. (via email: lyn@lsimarineonx.com) Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Robert Corbett, DCM Elizabeth City (via e-mail) Randall Jones, DEMLR WaRO (via e-mail) Laserfiche "ECEIVED JUN 2 2 2020 MP SECTION MHD J % NORTH JLANDING IVER 1 NEW VINYL BEHIND WOOD BULKHEAD WATER DEPTH 2'+/- CY4xl LF VINYL BKHD EXIST WOOD 5' WA TE DEPTH AT END OF PIER 384 SF PIER LF VINYL BKHD - STEPS TO 4' WiDE Ot LF VINYL BKHD ER L 6NDING TO 71, Tr n II I ITES WATER DEPTH gg 3 BUFFER AFTER COMPLF'TIONL /rlt/ / AREA OF BACKFILLL PEti COMP BELOW NW. 230 S.F. L�------------- — — EXIST' RIPRml — MAX ) \ TOP OF ESCARPMENT MAX LENGTH_ PROPERTY OF: ROMM POINT NO LLC PROPERTY OF: PO BOX 456 GARY KAYYE MOYOCK_, NO 3310 ENVIRON WAY 27958 -(;INFO CHAPEL HILL, NO a LOCAL ADDRESS: 27517 VACANT LOT ROMM POINT RD LOCAL ADDRESS: JUN 2 2 2020 122 ROMM POINT RD 6YEL- SEC Y IONI \ CONNECT NEW VINYL BEHIND EXISTING WOOD BULKHEAD .J \ \ PROPERTY OF:: ANN�,WORGAI� 4013 W'FR UN ST RICHMOND. 23221 LOCAL ADDRESS: 128 ROMM POINT RD M96an3pN18DofWater L enF M. to 06/18 MR# 20-051 PIERS PROPERTY I; VINCENT CC 132 ROMM I CURRITUCK, 27929 LOCAL AC 132 ROI SECTION A JUN 2 2 2020 N TS DUSTING BOATLIFT TO REMAIN 141P SECTION MHD lr/ Bodnar, Gregg From: Scarbraugh, Anthony Sent: Thursday, June 18, 2020 9:29 AM To: lyn@lsimarineobx.com Cc: Corbett, Robert W; Bodnar, Gregg; Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mil); Dunn, Maria T.; Harrison, James A Subject: 122 and 128 Romm Point, Currituck (DWR Project No. 20-0514) Mr. Small, After receiving the information regarding the results of the US Army Corps of Engineers site visit and conducting a thorough review of available historic aerials, this Office will consider the information adequate to address the concerns outlined in the additional information request issued by this Office on April 17, 2020. DWR will be moving forward with the issuance of the 401 Water Quality Certification approval. Regards, Anthony Scarbraugh EQR Anthony Scarbraugh EnvironmentalSpecialisill, Water Resources North Carolina Department of Environmental Quality 252.948.3924 (Office) Anthony_ Scarbraugh@ncdenr.gov E'rw' Cf Ywj.txo' k"'h;C to s1Z Ilex;w CRfrHl"'.s J#'.1"V.'TIL:°! rrt'q U's dSre "NN:Ii F) 177-(! ;M1•7 - Bodnar, Gregg From: Scarbraugh, Anthony Sent: Wednesday, June 10, 2020 6:23 AM To: Bodnar, Gregg Cc: Pelletier, Josh R CIV CESAW CESAD (USA) Subject: RE: [External] FW: Romm Point Bulkhead CAMA Major Permit Gregg, Ali k ' _ A The applicant and/or consultant will still need to address avoidance and minimization of impacts as requested in my hold letter. Thanks, Anthony Anthony Scarbraugh Envirof North C��snaDi alisill Water ep artment of En vino Resources Quality 252.948.3924 (Office) Anthony_Scarbraugh@ncdenr_gav From: Pelletier, Josh R CIV CESAW CESAD (USA) [mailto:Josh.R.Pelletier@usace.army.mil] Sent: Wednesday, June 10, 2020 6:19 AM To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: RE: [External] FW: Romm Point Bulkhead CAMA Major Permit Yes, according to Billy that's the only area in question on the entire site. I will confirm with him this morning just to be sure..... From: Scarbraugh, Anthony <anthonv.scarbrauah@ncdenr.gov> Sent: Wednesday, June 10, 2020 6:16 AM To: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil>; Bodnar, Gregg <gre¢¢.bodna r@ ncden r.¢ov> Subject: [Non-DoD Source] RE: [External] FW: Romm Point Bulkhead CAMA Major Permit Josh, Is the wetland area (phragmites) limited to just the shoreline fringe? Just want to make sure that we're not cutting off anything landward of the bulkhead alignment. Thanks, Anthony ..._..r cf�D Qom; E a'- rr r J,,, rlb,:.rr .... ,, r'! .. . Anthony Scarbraugh Environmental Specialist ll, Water Resources North Carolina Department of Envamnm mIal Quality 252.948.3924(O (Office) Anthony.Scarbraugh@ncdenr-gov From: Pelletier, Josh R CIV CESAW CESAD (USA) fmailto:Josh.R.Pelletier@usace.armv.mill Sent: Wednesday, June 10, 2020 6:10 AM To: Scarbraugh, Anthony <anthonv.scarbrau¢h@ncdenr.aov>; Bodnar, Gregg <Rreee.bodnar@ncdenr.Rov> Subject: RE: [External] FW: Romm Point Bulkhead CAMA Major Permit Guys, I apologize. We did get eyes on site to confirm the plans we had in the DCM application. There is an area of phrag behind the bulkhead alignment that will be filled due to the new bulkhead construction. We are good to go on our end and will be moving forward in the 291 process. Let me know if you need any other information. Thanks! Josh From: Scarbraugh, Anthony<anthonv.scarbraur;h@ncdenr.Rov> Sent: Tuesday, June 9, 2020 2:05 PM To: Bodnar, Gregg <AreRR.bodnar@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R. Pelletier@ usace.a rmv.mil> Subject: [Non-DoD Source] RE: [External] FW: Romm Point Bulkhead CAMA Major Permit Gregg, I have not seen any additional information to address the items on our hold letter. Anthony Anthony Scarbraugh DRM EnvironmentalSpecialisillWater Resources North Carolina Department of Environmental Quality 252.948-3924 (Office) Anthony. Scarbraugh@ncdem.gcv 3 From: Bodnar, Gregg Sent: Tuesday, June 9, 2020 1:54 PM To: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pei letier@usace.armv.mil>; Scarbraugh, Anthony <a nth o nv.sca rb ra ug h @ n cd e n r. gov> Subject: FW: [External] FW: Romm Point Bulkhead CAMA Major Permit Hey guys, The applicant has checked in that they have provided some additional information. So I wanted to check in to see if this is the case and if the project is off hold as a result. Thanks, Gregg From: Renaldi, Ronald <ronald.renaldi@ncdenr.gov> . Sent: Tuesday, June 9, 2020 1:48 PM To: Lyndon Small <Ivn@lsimarineobx.com>; Bodnar, Gregg <gregg.bodnarta@ncdenr.gov> Cc: John Driver <Idriver@Isimarineobx.com>; Debbie Carver <dcarver@Isimarineobx.com> Subject: RE: [External] FW: Romm Point Bulkhead CAMA Major Permit Lyn, I'm forwarding this on to the Assistant Major Permits Coordinator in Morehead City (copied) who is processing the application. Gregg, see below. Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management NC Department of Environmental Quality Ronald. Renaldi(a)ncdenr.gov (252)264-3901 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lyndon Small <Ivn@lsimarineobx.com> Sent: Tuesday, June 9, 2020 12:44 PM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Cc: John Driver <idriver@lsimarineobx.com>; Debbie Carver <dcarver@Isimarineobx.com> Subject: [External] FW: Romm Point Bulkhead CAMA Major Permit Ron, I received the following email from Josh Pelletier about two weeks ago. It looks like he is forwarding the application with no objections, and I thought this would satisfy Anthony at DWQ. Are there any other holds I don't know about? Thanks, Lyn Small From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.armv.mil> Sent: Wednesday, May 27, 2020 6:07 AM To: Lyndon Small <Ivn@Isimarineobx.com> Subject: RE: Romm Point Bulkhead CAMA Major Permit Mr. Small, I got eyes on the Romm Point project last week. I am good to go on my end and will begin moving forward with the permit. Thanks again and let me know if you have any questions. Josh From: Lyndon Small <Ivn@Isimarineobx.com> Sent: Tuesday, May 26, 2020 4:23 PM To: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.armv.mil> Subject: [Non-DoD Source] RE: Romm Point Bulkhead CAMA Major Permit Josh, Prez says we are suppose to be open! When can we meet? ... I promise that I will still wear a mask even if he won't. Thanks, Lyn Small From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.armv.mil> Sent: Thursday, May 7, 2020 7:56 AM To: Lyndon Small <Ivn@Isimarineobx.com> Subject: RE: Romm Point Bulkhead CAMA Major Permit Hey Lyn, Sorry for not getting back to you sooner. I am really hoping they let us get back to conducting site visits within the next week or so and you are first on the list to knock out. I am going to dive into this tomorrow and see if there isn't a way to move forward or get some other eyes on it sooner than that. Thanks for your patience and I will let you know something as soon as I can. Thanks! Josh From: Lyndon Small <Ivn@lsimarineobx.com> Sent: Tuesday, May 5, 2020 3:59 PM To: Pelletier, Josh R CIV CESAW CESAD (USA)<Josh.R.Pelletier@usace.armv.mil> Subject: [Non-DoD Source] RE: Romm Point Bulkhead CAMA Major Permit Josh, I have sent two emails recently about the Romm Point Bulkhead project; the first with photographs and measurements and the second asking if you received the first. So now here is a third try. I know that the COVID-19 has you grounded for the moment and so are many others but I need to try and keep the permit process moving. The area in question is what you once described to me as "a parking lot variety of Phragmites". This is just a small isolated area that only exists because enough of the remnant bulkhead exists to protect the substrate where they grow. It is the only area with any wetland vegetation. Is it not possible to make a call from my pictures? Would more pictures and/or aerials help? Or even better yet, when will you be able to get out again? Please let me know when or how we can get this moving again. Thanks, Lyn t74l 504U, PU4. Lyn Small, Inc 113 Ballast Rock Rd Powells Point NC 27966 COMBTOOOTION LOM YLTINO Ol GION' VAOMT MANAO LMI IT i1114A11 A\\L«..4 r11 tli tia •.1'. 11 IIIli1 Kblilllf\4�N l.iG )I'll.t •,rn il.Tldal�Al li. (,112]�\"!.0 �vv�av�..l...n I..nu IT/A�1 Bodnar, Gregg From: Scarbraugh, Anthony Sent: Wednesday, June 10, 2020 6:32 AM To: Ralph Conforti Cc: Bodnar, Gregg; Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mil); Tankard, Robert; Pullinger, Robert C; Renaldi, Ronald Subject: RE: [External] Heritage Point CAMA Permit 178-08 Mr. Conforti, After review on the information provided and understanding the onsite conditions, this Office continues to request additional information to address turbidity concerns associated with the discharge; As previously discussed in the Division of Water Resources additional information request, possible information that will need to be provided include: sediment analysis, calculations of effective area of the sediment detention basin, use of turbidity curtains, or operation and maintenance plan to address this Office's concern of potential turbidity violations associated with this request were provided within the Minor Modification Request. Please note, a discussed in your response, excavation to approximately 2 below ground surface has a high potential of intersecting groundwater and adding additional undesired consequence to your project. Regards, Anthony Scarbraugh s ;.�. D E Anthony Scarbraugh Environmental Specialist II, Water Resources North Carolina Department of Environmental Quality 2S2.948-3924 (Office) Anthony-Scarbraugh@ncdenr-gov E;11J': �[Yll�t:4F"fV: •tiL'ra :.� �i. ...F.'1�9...'8 i �':�,::!n [:, :��!�r. ::. 1,. U'I�:: L, b', .i') From: Ralph Conforti [mailto:rkconfortiobx@gmail.com] Sent: Tuesday, June 9, 2020 3:37 PM To: Scarbraugh, Anthony<anthony.scarbraugh@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Holly Sleph <healthywithholly@icloud.com>; Bill Kraus <wgkraus1972@gmail.com>; Paul Greenhalgh <paul46obx@charter.net>; Ted Hoefler<hoefler@yahoo.com> Subject: [External] Heritage Point CAMA Permit 178-08 Dear Mr. Scarbraugh, Approximately one week has passed since our last submission to the DWR. We anticipated that our submittal completed the information required to allow the Agency to complete their review of our modification request regarding the above referenced permit. Recognizing that the agency likely has a busy calendar we are nonetheless anxious to schedule the dredging of our Marina Channel, as maintenance of this waterway is long overdue. Therefore, is it possible for you to relay where our modification request falls within your review calendar, in order that we may anticipate concluding this subject. Regards, Ralph Conforti Heritage Point HOA ROY COOPER Govern r MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 14, 2020 NORTH CAROLINA EhvironmenralQuallty 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) oreoc. bodnar(fDncdenr.00v SUBJECT: CA MA /Dredge & Fill Application Review Applicant: Gary Kayye & Anne Morgan Project Location: 122,128, Parcel 900500000900000 Romm Point in Currituck County Proposed Project: Construct a bulkhead across 3 lots, a L-shaped pier and a dropdown platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bo at the address above by May 5, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 2353 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 Anthony Scarbrauqh AGENCY DWR SIGNATURE DATE 04/17/2020 MCCEIVED APR 1 7 2020 MP SECTION MHn North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth CltyOffice 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2522643901 ROY COOPER Gow or MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality April 17, 2020 D W R # 20-0514 CURRITUCK County CERTIFIED MAIL: 7019 0160 0000 3479 8711 n�r RETURN RECEIPT REQUESTED REC�j Gary Kayye and Anne Morgan 3310 Enviro Way APR 1 7 2020 Chapel Hill, NC 27517 Subject: REQUEST FOR ADDITIONAL INFORMATION MP SECTION nptl r,T Bulkhead Installation across 3 lots at 122, 128, and Parcel #00500000900000 Romm Point, Currituck County Dear Mr. Kayye and Ms. Morgan: On April 14, 2020, the Division of Water Resources (Division) received your application April 14, 2020, requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Coordination- USACE A complete review of the project cannot be conducted until the U.S. Army Corps of Engineers has verified all wetland locations for Parcel #00500000900000. [15A NCAC 02H .0502 (a)(7)] 2. Impact Justification (Avoidance and Minimization) Please provide more details regarding the avoidance and minimization of 0.14 acres of open water impacts associated with the construction of a bulkhead across the subject lots. Specifically, the open water impacts associated with the construction of the bulkhead on Parcel #00500000900000. This Office believes that the open water impacts as proposed can be moved or reconfigured to reduce the impacts to open waters. Please revise the plans to demonstrate further avoidance or provide a detailed explanation of why this plan for the activity cannot be practically accomplished, reduced, or reconfigured to avoid impacts. [15A NCAC 02H .0506 (6)(f) and (g)] Pursuant to 1SA NCAC 02H .0506(a)(7), 15A NCAC 02H .0506 (6)(f) and 15A NCAC 02H .0506 (6)(g), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) D_E Q� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington square Mall I Washington, North Carolina 27889 �'\,0000' 252.946.6481 copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deci.nC.goy/Forms/Supplemental-information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Anthony Scarbraugh at 252-945-3924 or a nthonv.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, Anthony Scarbraugh, Environmental Specialist II Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Lyn Small, Lyn Small, Inc. (via email: Ivn@lsimarineobx.com) Josh Pelletier, USACE Washington Regulatory Field Office (via email) Gregg Bodnar, DCM Morehead City (via email) Robert Corbett, DCM Elizabeth City (via email) James Harrison, DMF WaRO (via email) Maria Dunn, WRC WaRO (via email) Laserfiche RECEIVED APR 1 7 2020 MP SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretary BPAXTON C. DAVIS Director April 14, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar ncdenr.00v SUBJECT: CAMA /Dredge & Fill Application Review J U N 2 2 2020 MP SECTION MHD APR 2020 Applicant: Gary Kayye & Anne Morgan Project Location: 122,128, Parcel 0005000oo900000 Romm Point in Currituck County Proposed Project: Construct a bulkhead across 3 lots, a L-shaped pier and a dropdown platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregp'Bodnar at the address above by May 5, 2.020, If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 2353 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" VThis 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 Nclia-C SIGNATURE �I1 DATE F. 5 t- j11" Nrr 0 `'r `ij�sruss� t� l�1CtJtJ2 i n+tl'-1� K vtfif�l t-s (h`YR 1'� S9 North Carolina Department of Environmental Quality I Divisionof Coastalklanagement Elizabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909 252.264,3901 Bodnar, Gregg From: Dunn, Maria T. Sent: Thursday, April 30, 2020 12:34 PM To: Bodnar, Gregg Subject: Gary Kaye and Anne Morgan, Currituck Co. Gregg, I've noticed NCWWR has requested a hold be placed on the project until they received information to address their concerns. NCWRC will with hold comment during this time until additional information is received. Please do not hesitate to contact me if we need to discuss. Thank you. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. ,ROY COOPER 'Govemar.- �^ MICHAEL S, REGAN Seaetary BRAXTON C; DAVIS r � Directo_. - April 14; 2020 -MEMORANDUM: NORTH CAROLINA Etivironatental Quality FROMi Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave.,'Moreheatl City, NC 28557 Fax: 252-247-3330' fCour/er 04-1643) gregg. bodnarancderinnov SUBJECT: CAMA /Dredge & Ft71 Applical7on Review Applicant: Gary.-Kayye & Anne Morgan Project• o.catlon: 1221128; Parcel #00500000900000 Romm Point 16 Currituck County proposed'Preject: Construct a bulkhead across 3 lots, a L-shaped'pierand a dropdown platform Please'indicate below your agency's position or viewpoint on the proposed project and natiim:th►s form to GreoA Bodnar at the address above by.May 5, 2020. If you have any questions, regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 2353 when appropriate, in- depth -comments with supporting data is requested, _ This agency, has no objection to the project as proposed. "AdditionalComments 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 SIGNATURE DATE NCDMF 04/24/2020 D_EQ� RECEIVED APR 2 7 2020 MP SECTION 9l HD North Camllna Department ofEmirotimental Quality I Division of Coastal Management EllzabethClty Office 1401 South GrifnnStreet, Suite 3001 Elizabeth Clty,North Carolina27909 252.2643901 Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Wednesday, April 15, 2020 11:34 AM To: Corbett, Robert W Cc: Bodnar, Gregg Subject: [External] Kaye, Morgan--Romm Point email as tachment Robert, I hope this finds you well. I received the CAMA Major application for Kaye, Morgan today. It appears the lot is wooded that they are going to be bulkheading. I know its mentioned in the application but we will need a wetland delineation completed along the shoreline before we can process on our end. I know with the site visit restrictions this could take some time. Perhaps the applicant could utilize a consultant to complete a delineation report. That along with some pictures could possibly give me enough information to complete this without a site visit. Let me know your thoughts and how you and the applicant would like to proceed. Thanks and let me know if you have any questions! Josh Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Email: josh.r.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: htto://corpsmapu.usace.army.mil/cm apex/PD=136:4:0 Thank you for taking the time to visit this site and complete the survey. Bodnar, Gregg From: Bodnar, Gregg Sent: Wednesday, August 26, 2020 8:12 AM To: Pelletier, Josh R CIV CESAW CESAD (USA) Subject: RE: [External] Attachments: RE: [External] FW: Romm Point Bulkhead CAMA Major Permit; 20-0514_401 Approval Letter.pdf; Gary Kayye & Anne Morgan - Romm Point - comment page - signed.pdf No the original plans (Sheet 1 of 2 dated "Revised 3/24/20" and Sheet 2 of 2 dated 1/20/20) are still valid. I attached the last correspondence I have from you above. No comments to date resulted in any requests for A&M. I have also attached DWR cert and DMF comments. I can't seem to find WRC comments electronically but she no commented on 6/19/20. Hope this helps, Gregg From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Tuesday, August 25, 2020 1:17 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Hey Gregg, Are there any new updated plans with Kaye and Morgan showing the new alignment and impacts? Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Email: fosh.r.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm apex/f?P=136:4:0 Thank you for taking the time to visit this site and complete the survey. Regulatory Division SAW-2020-00688 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue. Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED AUG 2 7 2020 MP SECTION �D�� " Reference the application of Mr. Gary Kayye and Mrs. Anne Morgan for Department of the Army authorization to construct a bulkhead across 3 separate lots with a maximum distance waterward of 36' measured from normal water level, a 29' x 6' L shaped pier with a 16'xl8' platform, as well as a 16' x 4' dropdown platform at lots 122 and 128 on Romm Point, adjacent to North River, in Currituck, Currituck County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or RECEIVED N AUG 2 7 2020 MP SECTiOanee`otn�s project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 12. In order to protect the endangered West Indian manatee (Trichechus manatus) the Pemrittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee-guidelines.pdf. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, /sh Pelletier Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV Regulatory Project Manager RECEIVED AUG 2 7 2020 UP SECTION M aD C -1 U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ron Renaldi, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management RECEIVED AUG 2 7 2020 MP SECTION MHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Gary Kayye & Anne Morgan 2. LOCATION OF PROJECT SITE: 122, 128 and Parcel # 005000000900000 Romm Point, Currituck County, adjacent to North Landing River of the Currituck Sound Latitude: 36026'44.69"N Longitude:-7500'39.37"W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/11/2019, 3/17/2020 Was Applicant Present — Yes, No 5. PROCESSING PROCEDURE: Application Received Complete — 4/3/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification from LUP - Full Service Area (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), and Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing — Septic Planned — None (F) Type of Structures: Existing — Bulkhead across 2 of the lots, 2 separate piers with platforms, and 1 boatlift. Planned - Replacement bulkhead, new pier and platform with drop down platform to replace an existing pier and platform. (G) Estimated Annual Rate of Erosion: 17 feet / year Source — Applicant (Staff estimates 2.4 feet / year based on aerial photography) 7. HABITAT DESCRIPTION: (Area ft2) SHADED EXCAVATED 0THFR (A) High Ground within ES 6,500 ft2 Disturbed AEC (Bulkhead) (B) Shallow Bottom EW and 6,163 ft2 (Bulkhead) PTA AEC (C) Open Water EW and PTA 526 ft2 (Docking AEC Facility) (D) Total Area Disturbed: 15,189 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No RECEIVED APR 14 2020 DCM-MHD CITY Gary Kayye & Anne Morgan Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicants propose to construct a bulkhead across 3 separate lots with a maximum distance waterward of 36' measured from normal water level. The applicants also propose to construct a 29' x 6' L shaped pier with a 16'x18' platform, as well as a 16' x 4' dropdown platform. Project Setting The site of the proposed development is located at 122, 128, and parcel ID # 005000000900000 Romm Point, off of SR 168, Currituck County, adjacent to North Landing River of the Currituck Sound. 128 Romm Point contains a bulkheaded shoreline with a 27' x 6' L shaped pier with a 16' x 16' platform. On the north side of the property the bulkhead has a "v-notch" that brings the bulkhead alignment 10' landwad.122 Romm Point contains an ageing bulkhead and a 16' 6' T head pier with an 8' x 16' platform. On the north side of the platform is a 12' x 12' boatlift. Both of these properties are developed with single family dwellings. The bulkhead from 122 Romm Point continues north over the property line onto a vacant third property, parcel # 005000000900000, for 10' where it then returns 900 towards the west for 25'. This 25' section of bulkhead is lined with riprap. A remnant bulkhead extends 240' to the northwest from the corner of the functioning 10' section of bulkhead to the adjacent properties bulkheaded shoreline. A review of Google Earth imagery showed this bulkhead was still functional in 2014 and was breached in 2015. Normal water level (NWL) is now located an average of 20' landward of the remnant bulkhead alignment with a maximum distance of 34'. The shoreline now has an escarpment that ranges from 1' to 14'. On the north end of the shoreline is ±140 ft' section of what appears to be USACE wetlands. At this time a USACE delineation has not been performed Combined the properties are approximately 132,858 sf in size and have approximately 560' of shoreline. The parcels average an elevation of approximately 5' above normal water level. According to the USDA's Natural Resources Conservation Services' Web Soil Survey, the soil on the property is made up of Bojac loamy sand and is vegetated with grasses, shrubs and trees. Based on available information, there appears to be no archaeological sites on these properties or nearby. The adjacent riparian properties to the north and the south contain single family dwellings with bulkhead shorelines and docking facilities. North Landing River is classified as Joint waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The Division of Environmental Management's water quality classification for this area is SC and it is closed to shellfish taking. Water depths within the project site range from -1' to -5' and average -3'. The bottom substrate within the project area is made up of muddy sand. No submerged aquatic vegetation was observed at the project site. Development Proposal RECEIVED The applicants propose to stabilize the shoreline by constructing 425' vinyl bulkhead. To start, the proposed bulkhead will tie into the existing bulkhead W-notch" located4R 2A-1 2020 0CM-MFi13 CITY Garry Kayye & Anne Morgan Field Investigation Report Page 3 Romm Point. The proposed bulkhead alignment will continue in a northwesterly direction 40' across the property line with a maximum distance waterward of 10'. From this point the bulkhead will continue 385' in a northwesterly alignment that will average 2' waterward of the existing bulkhead located at 122 Romm Point and the remnant bulkhead located on the vacant lot. The proposed bulkhead will tie into the existing adjacent properties bulkhead on the northwest side. The alignment of the proposed bulkhead will average 14.5' waterward of normal water level with a maximum distance of 36' waterward. The 36' maximum distance is needed to obtain a straight alignment across all 3 properties. The applicants also propose to remove the T head pier located at 122 Romm Point and in its location construct a 29' x 6' L shaped pier with a 16' x 18' platform. Connected to the northeastern side of the platform will be an additional 16' x 4' drop down platform. The current boatlift will not be removed or relocated. Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of t6,163 ft2 of the PTA and EW AEC with clean fill from an upland source along 425' of the ES AEC. The construction of the bulkhead will disturb t8,500 ftz of high ground within the ES AEC. • The construction of the docking facility will shade 526 ftz of open water of the PTA and EW AEC. Submitted by: Robert Corbett Date: 04/13/2020 RECEIVED APR 14 2020 DCM-MHD CITY LiC Daweii i1C. CONSTRUCTION CONSULTING • DESIGN • PROJECT MANAGEMENT 113 BALLAST ROCK OR . POWELLS POINT, NORTH CAROLINA 27966 Phaw (252)491.8562 Fax (252)491.8564 W"lImmall com LKWIse 929760 Received 0CM-EC Kayye Major Permit Narrative for proposed bulkhead and pier at 122 Romm Point Currituck, NC 27929. The proposed project will consist of 2 phases. The phases are as follows: 1- Constructing a bulkhead beginning at 128 Romm Point then crossing 122 Romm Point and a vacant lot then ending at the southeast return at 119 N Romm Point. 2- Pier replacement at 122 Romm Point. The bulkhead will be constructed with interlocking vinyl sheathing on a pile and wale frame. The height of the bulkhead will vary from 3' to 6' along the shoreline. The bulkhead will begin at the corner of an existing return located at 128 Romm Point where the adjoining bulkhead from 122 Romm Point forms an inside corner. The bulkhead will continue in a northwest direction In front of existing bulkhead at 122 Romm Point and then continue parallel to the remnants of existing timber bulkhead on the vacant lot then end by connecting to the existing bulkhead return located at 119 N Romm Point. Equipment to be used for the construction of bulkhead will be a land -based excavator. Backfill will be installed by dump truck and skid steer loader after bulkhead completion using clean fill from an upland source. Once all backfill has been placed and graded, a seasonally appropriate grass will be spread. The pier phase of the project will follow by removing the existing pier and replaced with a new pier that will be marginally larger per drawing but at same location. The existing boatlift will remain unchanged. *On site meeting has been held with CAMA representative Robert Corbett on 9/11/19. RECEIVED APR 14 2020 DCM-MHD CITY Received DCM-EC Gary Kayye- Wetland delineation documentation. Area of Phragmites at North end of bulkhead project has not been delineated. It is a discrete, isolated area behind remnant bulkhead approximately 10' x 40'. applicant is scheduling a site visit by USACOE Agent Krysta Stygar. RECEIVED All 14 IM OCIVI-f1 HD CITY Lyn Small Inc, Marine Construction AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit —Anne Morgan_ ReceiV@d Mailing Address: 4013 W Franklin St, VA 23221 Phone Number: _804-517-9778s 2010 Email Address: _randym3@verizon.net J)CrY► E I certify that I have authorized _Lyn Small Inc_ Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: _Bulkhead repairs_ at my property located at 128 Romm Point in _Currituck County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Sign Lure _ANNE N-0-G--ArV Print or Type Name Title —1 Z. 17 I l This certification is valid through _4_/_01 I 2020 Date — — RECEIVED APR 14 2020 DCM-MHD CITY Lyn Small Inc Marine Construction AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION , �.'� -Nive Name of Property Owner Requesting Permit _Gary Kayye_ Mailing Address_3310 Environ Way, Chapel Hill, NC 27517 i1,.,1Y1"L Phone Number: 919.969-7501 Email Address: —_ ger AL4yepubs corn I certify that I have authorized _Lyn Small Inc, Agent Coninxtor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: _Bulkheads and at my property located at _122 Romm Point, Currituck, NC_, in _Currituck_County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owrk#r Information: signature Galy Kayye Print or Type Name Gary Kayyo it , 21 , 2019 This certification is valid through _12_I 31 I 2020 Date — -- RECEIVED APR 14 2020 DCM-MHD CITY This certification is valid through _4_/_1_/_2021_ Revised Mar, 2016 Received Zppyy,,,, -1 262t1 tc,j�, ®CM -EC RECEIVED APR 14 2020 DCM-MHD CITY 'a L WIN GINUL as 11 i1C. CONSTRUCTION • CONSULTING • DESIGN • PROISCT MANAORNSNT 115 BALLAST ROCK DR.. POWELLS POINT. NORTN CAROLINA 27966 Ph" (252)491-9562 raa.(252)4914564 • www.lyrwnNloom • Lk:anra6'29760 DATE: February 25th 2020 NAME: Vincent & Genevieve Colon ADDRESS: 132 Romm Point Road CITY: Currituck ST NC 2gO 27929 RE: Kayye Bulkhead & dock To Whom It May Co"Ci m: This correspondence is m notify you as a riparian property Owner that Gary Kayye is applying for a CAMA Major permilto Install new bulkhead and remove existing dock and install new clock on property located at, 122 Romm Point Rd, Currituck, NC 27929 Which is adjacent to your property. A copy of the applicalkm and project drawing(s) is e9CiOSed for your review. Byou have no objections to the proposed eclNity, please mark the appropriate statement below and return to: Lyn Small, Inc. as soon es possible. II no comments are received within day r r ,Ohio", d will be considered that you have no oommenls regarding this Diulslof Coeatal emenl at 401 pro]acl. If you Nava obJectlons roommate t", please mark the eppropdete statement below and send your correspondence to the NC on ManepS. Griffin St, Ste 300., Elizabeth City, NC 27909. II You have questions about the project, please do not heshateroconlact me at 252-491-8582 or the Division of Coastal Management at 252-264-3901. 9rlcerel , 41 .�4 INSERT NAW — xI have no oblCcfion to the project as described.I have objections) 10 01e project as described. WAIVER SECTION I understand that a pier, dock, mooring flings, boat ramp, breakwater, boathouse, lift or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me.'(If you wish to waive the seibsck, you must 111101 the ePProodate blank below.) I do wish to waive the 15'setback requirement. I do not wish to waive the 15 Received ko^Iv DCM-EC RECEIVED APR 14 2020 DCM-il4HD CITY L, I, do wish to wehre the 15' eetbirA rs4ulre nt Print Name `-'--� SOW ofAdJwent Pro Ovmer WOlrg Address andbr EmsY AddrBss I do riot wish to the 15' sAWA requirement Vale ;—'1i_Z 233 Phone Number Received Pon 1 �''1010 DCM-EC RECEIVF_.D APR 14 2020 DCOA-MHD CITY LY Soil11C. r+ +err coo-r..uc ne. CONSTRUCTION - CONSULTING - DESIGN PROJSCT MANA6114NNT I15 BALLAST ROLK OR PUWELLS POINT. NORTH CAROLINA 27966 Pl"v (25e)491-6562 Fdx.(252)491-6564 www.lynsmaitcom • LKiMea29760 DATE: February 25th 2020 NAME: Ruth S, Cathay Cuttino ADDRESS: 1527 Oxborough Circle CITY: Mount Pleasant ST SC 71p 29466 RE: Kam Bulkhead S, dock TO Whom It May Concern: This correspondence is to notify you a a riparian property owner that _ GaryKayye A OPF4" for a CAMA Major permit to Install new bulkhead and remove existing dock and install new dock on property boated at__ 122 Romm POInI Rd, Currituck, NC 27929 which IS 4acent to your property, A copy of the application and project drawingje) Is e.ckSW for your review. If you have no tions to 018 proposed wirrity, please mark the appropriate statement below and return to: Lyn Small, Inc. as soon as possible. Imo comma__ nts are regelw.I a� .-rs of receiot of thi project. If yuu have objections or comments,S4Uce, h will be considered that you have no mmmenle regarding this Division of Coastal Ma PIew mark the appropriate statement below end send your conespondence k the NC nagement at 401 S. Griffin St, Ste 300., Elizabeth City, NC 27909. if you have questions about the project, please do not hesitate k corllact me at 252-491-8562 or the Division of Coastal Management at 252-28439111. sincerely r ,� rNil INSERT NsAM/E !_ I have no ebjectkn b the project as described, _ _. _ I haw) objection(s) k the project es described, understand that a pier, dock, moon WAIVER SECTION mooring pilings, boat ramp, breakwater, boathousa, lit or groin must be set heck a minimum dlelance of 15' from my area of riparian access unless waived by ME (d you wish to waive bre setback, YOU S1YlL.Jpdtild the appropriate blank I do wish 10 waive the 15' setback requirement. I do not wish to waive the 15 Received MAP 12 7020 D M-EC RECEIVED APR 14 2020 JCIViI-MHD CITY- A _ I do wish to waive the 15'sebrk requirement. _ _ I do n vdsh to waive the 15' seibadc ^ requlremant. L,r1� y �lilTfit Print Name Slgneture olAdjeeent Property rn�er / 1 ate- "! 15J;7 OX:&R)j A4 Malllnp Address and/or Email Address AV PLC--k3A01jS,e I1v*e,Ift,jj,;tc)PIW Qevm— Phone Number Received Mre 12 2020 DCM-EC RECEIVED APR 14 2020 CCM-MHO CITY ServiceU.S. Postal CERTIFIED MAILP RECEIPT Domestic may only Ln 0 Cenillgd Me`'1> — Ca9 Vw^ti'd'vpY) i(c/e[F Lac a It�ee�eae.���acWa.y O Ivn HecelP.�(a�_ CZ1aslwn Pacnpl leleclrenml t PIp1aNd1 Q QCMXIBO f.4P PM4klatl Glrvp'/ t CO OFan slpawm PewMae i� oF®2 bla 64'aly. P.s4kla0 DeYrwy a O Poll Total oe49eaml aea a Li Fxl Saal To1-1 O Siieeie- - .. .. ...7�/,_.. :............. .. w w fn Celt?w�Moga/ SJC89 a% `•. \. • IC9 (CIreCX4x, e00jl!lIw�e�e�ePen1e11 I'n PawWl Q�Pleaa•1/ i AIL ❑Palwn PBcelq I.9Paaeakl i Po9M19rk ❑GnIAeOIAen Pnlrkitl OMwy t Mere CO❑MWlai.aea .P Q ed i_ SPEW Slpnalwe PbtMleEpNWary f FEB 2 7 2020 „ p Fa1 .LnTala r9 -... • +7 rq T 5/' .............. U Received DCM-EC RECEIVED APR 14 2020 -DCM-MHD CITY 0"c: LA.I. MAl11N1 CON.TPYCTIOM February 10, 2020 Vincent & Genevieve Colon 132 Romm Point Rd Currituck, NC 27929 CONSTRUCTION • CONSULTING - DESIGN • PROJECT MANAGEMENT 113 BALLAST ROCK DR., POWELLS POINT. NORTH CAROLINA 27966 Phone: (252) 491-8562 - Fax: (252) 491-8564 • www.lynsmaII wm • License X 29760 RE: Adjacent Riparian Property Owner Notification Dear Mr. & Mrs. Colon ,Received 1%, ..;I : . UCM-EC My name is John Driver, and I am the General Manager for Lyn Small, Inc. We are required by the Division of Coastal Management to notify you that your neighbor @ 122 Romm Point, Currituck, NC have contracted Lyn Small, Inc to install a bulkhead and dock. Enclosed you will find an Adjacent Riparian Property Owner Notification Form as well as a drawing of the proposed project. The purpose of the notification is to make you aware that a marine structure is proposed on your adjacent neighbor's lot, and the setback will be a minimum distance of 15' from your common boundary. Please review the form and initial the appropriate box for your decision, and kindly return it back to us at your earliest convenience via postal service, fax, or email. If you have any questions or concerns, please don't hesitate to contact me. My email address is jdriyeralsimarineobx com , or I can be reached at 252-491-8562. Regards, John Driver General Manager Lyn Small, Inc 113 Ballast Rock Drive Powells Point, NC 27966 Phone: 252-491-8562 Fax: 252-491-8564 Email: jdrive Isimarineobx corn enclosures RECUMD APR 14 2020 TCPiFH[7 CITY ii ft MaLL i1C. I x l -...Na Ce wa rw u c l S ON February 10, 2020 Ruth & Cathey Cuttino 1527 Oxborough Cir Mount Pleasant, SC 29466 CONSTRUCTION - CONSULTING OESION • PROJECT MANAGEMENT 113 BALLAST ROCK DR., POWELLS POINT. NORTH CAROLINA 27966 Phone (252) 491-8562 Fax (252) 491-8564 - www Ipumall cam I License #29760 RE: Adjacent Riparian Property Owner Notification Dear Ms. Cuttino, o cl I��>♦ i My name is John Driver, and I am the General Manager for Lyn Small, Inc. We are required by the Division of Coastal Management to notify you that your neighbor @ 122 Romm Point, Currituck, NC have contracted Lyn Small, Inc to install a bulkhead and dock. Enclosed you will find an Adjacent Riparian Property Owner Notification Form as well as a drawing of the proposed project. The purpose of the notification is to make you aware that a marine structure is proposed on your adjacent neighbor's lot, and the setback will be a minimum distance of 15' from your common boundary. Please review the form and initial the appropriate box for your decision, and kindly return it back to us at your earliest convenience via postal service, fax, or email. If you have any questions or concerns, please don't hesitate to contact me. My email address is 'dri cr@lsimarineobx com , or 1 can be reached at 252-491-8562. Kega John Driver General Manager Lyn Small, Inc 113 Ballast Rock Drive Powells Point, NC 27966 Phone: 252-491-8562 Fax: 252-491-8564 Email: idriver biniarineobx com enclosures RECEIVED APR 14 Z020 DCM-MHD CITY r 1% 0 OVIA VAN Y' ADOX 450 PAGE 085 3 . / � 'DB DEC 16 P17 3 32 O MALM T. uNIA'' 0 A[tISYM OF OFM OVWITYFA iium AA. •b MpL�bA w.YF ARrYb�brl -- M + 11� oA m, oaslfnet. !c fAAp — MMM1bM+4bM. NORTH OLINA DEED OF TRUST nn amatper.y.yr s,� pw u9q .r Wes. • °4"i0" �nmrn ewrnwr A.YB OIfAOY! rtFWl /� I(Q.LLW M,J2pIr JA. lG] Ar�iG Mµ �OR�i W vl[p, W13 N. IMkllll ft.+lR� PSdb+n] VA =1 011�1A.1ry Me. \�h )i1b PKMl96 MMy J b pM eCCECM] A%MIAIT `p` r 0 �G ru wrrrr.wr fib. wr A.. nb IwrbMae.br.c w.w Fwr.rl.Ygwr4Y..n, wA/, WpAH Received DMEC RECEIVED APR 14 2020 DCM-MHO CITY C. 11:5 6eox 450 P66E 086 O ,eo ,e, fie, t8AG1'[ e\ u a mvele mn^umat kuud in W mbroarR a > OwaE Uan1 q Pa.e a M. Wm, avd aW• baplmMgLo " W IAore K k 9ovod any m W wO,b." wmer orW proputy heria8ar Poet m an wmu< mowmen rvrWg tbrce me61] bi 51' Wep WON dPe eo,..nv. ruseha.te nook u e1y 11' wu ioo:a m m boe NPo, wb.� rvONg Wnea arlh 42 dq fl' 8an 117.11 raf m eo I'm dua k." P. lhOro NOk Bourd, Oorovinp; tmok�p tbob mah 36 dy. 1p' p� 19t.51 feet to ma yha or bgb.O L a ahawe on Wt yyy3, m11Nd b o North CU-1b* a.d T.&hp `Y, 3eMared by Ch,01 F. 9,0 WTi'a on Sg9embu L, 1911. TRA rii IfeploONp In the nonheelem eanv ofthe pmpanyar, ohfap q Qantan krnt9 rrd pow bebpwtb aMe9l Mt9ch 6004 tfom 1111 Pab6 or NplA ffi rvneky Wru M®we fp' Wu f3 M b • poiiq marl ae(ycu !1' Wap Yl0 (wa, et kµ m a POW k "Oe Lb. W tbooe 8owh IS Nvt propery rowowrod by aherW4 oa�wing, n Nl t4WA Swh{ ea a1'LW IS.pO (lp man 4O�mOp:� npYleru. Nrvth of de SIT Iee4 mat w ka to Ib Isw 11' Pax k bmbY vudo m Uut Plat Ie ➢ook 171, Pape eW. P k X4of heron pdrveTep la humdef to be W aouden Panel B UC,.,, plaP"j, pmJa N Y Yl/1 V • °G �l0 Received ---- --- aMEC RECEIVED APR 14 2020 bCM-MHD CITY M � b.bn1 iVAy�. rYyl • b43l�1' nobx� r..w n+rbNcbrbrr �T(1�—o•u 8 � 1Y.•I. Nbw W M W M41w1w1/7•Yr�NrMl r.r N bumnam.q�m.\.,,.. awe wrr.rrnw.rr. nb.ib+-+Nr.rm ry w+.Nr.rrrrr .W..rwwwr.y.r.nwrb Received RECEIVED DMEC; APR 14 2020 DCM-MHD CITY I II IIIIIIIIYIIIINIII IN G Sao Nary a.�^yam armermeva 1e0: nx SW Ip Py<l ark nd� NvVeNl w Y� p` c eIV4d 471N ex .C1S6n171 Y' NORTH CAROUMA DEED OF TRUST Q1 This is a Purchase Mores Deee of Tms1 SATISFACTf 00 SINEW by 04 wDeed Or DeOf TN �^(,11Y —Elr bpaYM UUU UNei lln bweaeW dIn bill NmY(!I RaOofdlnp: Time, Book ertl Plga Tells t01Ift DVA40"OSSIO0o). CM4004DW40M Parcel ldengTror No. aM 006000Dm/114000 Ya M0 5Y Canboe Na___—deYd—_ 'D ` lamellar Rlmeftla lyf LlDwJtlR! PO Boa fUS QrYA0_ Mp TN1 kaMnMM praparW of W_AiYn es 'Il�un.. _.. Fleaeo. 19851223_ n -- ._ Bdof DaWpldon for the Rules THIS DEED of TRUST meld 1bb31'. day of _ _ paD' 2019. by and bal. GRANTOR TRUSTEE �`, BENEFICIARY Ran. Ppmt NC, ILLC A NO WILLIAM RRUMSEY, tlI '' Romm Peel, LUC, A Vkglnw Lmited Csruana ll.Iled Uabally Coneyeny Q ` wbMlry CMWY YM J' PO Boa 4% Moyopk, NC 270M Ent. n applopn.w blo-A b Wdnelshp, nettle. addles. awed, Harbour Poml Apt. 202 InW Beam, VA 23451 1 ter o1anlAy, a p. corpashoo a °G G� RECEIVED APR 14 2020 0CM—MHD CITY } � .2 \ w � � \ / � ~ 2 o��� &� �o / � \ w . \ . W 2 � J � c § C) fr � utwno ul mt n.,e tro uy,a1owl,,,,w,la. uu.o uw bY .r.m an. syreab vd tt.ey a M MrWnbeu.e .ugaty d X. No.mdflitda., IN NY,ne Wr U.. 91uk In! (MIV nt NC, L P. ou rp MAIL Romm Revm�ha Tvy tnalnevdd/ .O�N T1f URpLINA ___• -._„_ .�....,..C.�w. tw ttotvle.111 F Ri' M. ellir N. MtnMgb, t Mnitry PubNc W IM CnuMY tM tblt Nortwla, wnitt Ntl .._. RW.IIU P. IloM Yd"W RM1mr d�1. e. pf/Bl\G fMl WerN bl9l. ms nYatY uq tauleWYpptj M.wNmAMforeYokq+ltbr+lrll. q �Nuat Mdtrp oYklY tWrytl WLYIY (�a 44o y` iA �.t �bYd T_ qnp lQ . '`•:":; `Mrun lymetpX«-f\w.W.dYii—..Yl •Ti_?J11,. i� —� Pweodw—1""""f CANMY Alt NNp nafeae, nmry Iktl SUR MNMh[wl'w Cavyuion l4ptH `„ I_ _ ^ NdrY CaWY oICutNck 1, MLrydI6 N. AWutkld, . No Poblk�4iptrby .rnlfy tNt Nonnk R. I iu Yat, . PManbr. tty W MRo WNeM uvoar ofthtMry Nava Rt.vttbk TWR �Aoam Point NC, LIE, A N' CuNoss, nlin. LLC. Fn ly.p,t hro tm d'u NIykErtA Wv. i�mlq. i hya.Ip d Mof ftmnt pfam eWkmaraitN w bneYYN��lf ofN uIf uPo44 u t1 LLC Wa awrbby tyhoray duly purportlhryt 'e �O�ARiWISyj RryhW rd oMdtl.Wp a.ul�yy dllv1..3019. __(SEAL) SYIL off _ _� L , t NOWy Ptllk ao Catby hairy u6Ar"1 Ntvoubb TN* of Rave Po4t NC, LLC A NOM L'vd W ILC, Ic.ontlly Myl4w d fat'MN kniWrrcd on Et of Molar Po4X NC, U.C. trd tMY dtlld dN 6.eednt Inmwtm N in ntmt to It. belulfu 4 Wtad aerd F. Wib9tf my hod WORrtItI llNprlalthkr _d"Of_� 1 Sul __(eP My Cnmmiuian evplN.:/__. -Mdtry KYe KAYYt, --a u IMt% d ft Cwy gyre 1 btb. me Mk Ly rvd .AluwledyN the the WIN11rydYN tiY[n Yd tt tl.[I d IN tNlly. O 0 �G 00 Deceived DCM-EC I'3ECEI11ED APR 14 2020 �OCO-MHD CITY IN WTNESS HEREOF. yw GrenOl tit neraunb.N Ma nand aM wa, a X ^O'Par.la, by tgu. W y.e anlOmnnl b M.peu b 4 oaparpb ngma DY ae defy aAIv1[M 011xan.M X. aaal b N ns'wnm aRn.d W amagy q 4 Bwd a Wacdon. M NY gr4 YNI ^ILPp.b9n vnNkn IO W. WN4 M ONy YIN (GP'pwaro Namo) R. PairII NC, LW NMMh01g, g1all�aW _ (SEAL) TT ._ _11�_ Praidanl — AIyMR •``JJn^••1' IINa-�DN,111N�Y rtl 19FAL) Y� NNIV N aMdbry RNa - (NPAd) 8M-FrAMP !Nb N. YN.NJQ • Nq. PVDKo a W. — w� fr C+wnr Ana wig �fwa..b, y.nry mn E Raa,ON AYppnntl bebana tli dN/alsdaall9YAadgNd M Maulbn a Mbrpoap anDl.Iiyl �rMM.a aNwlganpo.W,�ly __ggygl . lain _ Na>;ubaowI vy PNbgg w m. cwnlr.�w wr wnaw, amM MI _ fireNDr. nYd M/Yb Cgy 11da1aIDMIfIpgEMgaa'Him alMgaepDyp bYIl11NY n�rn •a�rlgyN�, Ma /umya-idy �?k�.. N19 / _ _hinjul9 ( - ate"- �GIQ.,i _ 'ml,�y PWY C.wyOfc.H A N I. MII,, ,h .Nr u Xauy o(Ibe Mry Ron Nis d.Y rd rxnowkdg.J IN due giren.Pd u on an olthe eodlY, tlx p uN. Witnu my MM Nosy Se.) My CDmmk.ionaxpim. b .nf_lNMhGr1GXy. Cawryof L iSKY►G,_pA yLY N<Focabk f,N of Nomm 4,vini h • Igbn O(Int f 8 I� ,NY uaPb Ine fwelrymen) Awysa 1 0~ 0 eoai(Y MI KNnk L. Rou, I. iu P. Rou, M—N,, .n6 MbY Romm, n Mn, NC. I.IG A Noon CImni. LLC, pmorully.ppeuN beloae nx rnannnl an b if of Ranm Po NC, LL(' NId Nn by PNonty de 1) InNI b Xa. m il. NDelf a Rs w1 detd I«Ine purryul Xureln i _d"Df __ 109. I a Now,, rnbox dD "on" unify6d Cwy Kk) , mewber IS DUIM of IN GDO Kayye C A Nonn C.h. LW. bofa. nu Inn d.y.nd ubmablyed du I. b NIr of Rwnm Ppdnl NC, LL . sM a by aalho, duty liven and a an wi of IN, miry, '4.,rvM, Ns hAall.�X. ryi,..id daal foijjk poe. IMseI. eapesW. T Iswnpauel d�ip�` dayaf."VNI 9. 'tl[jlpery q�nik �� 1 O 0 P� N� Received rI DCM-EC RECEIVED APR 14 2020 DCM-MHD CITY G^ 'JO I MUM A ICT()a Mgq��gg,,i1nning&I k point in the edge ofCurriWd SnundaM lk in the NW properly liM ofWilliun IL Romm; rwwing South, 42' 34' Was 400 fen to s point; lhmce muting North 44° 41Y West )00 fen w s poi6keChems mining Nash 42'24'E.9 400feel to. point in the edge of Curriloek Sound; theme running Soulls,1146 4a Eay eking Um edge ol'Cunituk SouW to the point of beginning, sustaining I.72 mes,mus Or less. l [king a ps'�yf the sure properly dncriped In deed recorded in Dead hook 94. Page 40 in the oPka of the Regiser of s ofCunitwk County. LESS AND F. PTING Chore cwnveYsass w William C. Winn recorded in hook 134 at False S)) W Flo# 117 N Peg of the Currilwk Reglamy, Rald anvey.rwc. oilsvoting •parcel Hut b 3W fat ewng Cuydtmk W Is 200 feel deep. MaU1yM Staling.l. Point Io We edge of Curtituck S.W W in the NW property lineof Ih. Willi.. N. Romm, W mining SeuN 43' ]4' West 100 fat Iv •poise RaN point being Nc point of beeiming; thence running South l2°N'Wew 50 fed'„d,,, nr. dsensc running Nosh 44°4a Wry J00 fedwspohn; Hwrxx running NoM 42" 34' Fue150 feel to "l, thews running South 44' 40'Res1700 fen to the pMel of baginNng. being. Pan ofth suns popei ysbcrids in dtrol raordW in IkN Book N, page 40 in the offttt of the Regi4er of feeds of iloriack 1741* IMILLIBME: I( Beginningatsn ism pipe loesnd in IhN4 nbern corner of the pmpeny heRhl.Ra dewribre, sekl point of beginning being in the Saushsanern mro pQf time property tww or formerly owned by Dr. L. E. Sawyer when mid canes inkmWe wlb Hm edge lsrUorrilwk Sound; floor mid point of beginning running therm Smith I7° 2V 50' Fast 267,14 fad an a point, 9(nfwereg; m umg tlwnce South 56' N' Wen 250.0 feel w. poim,wrrering; mnninglha .Noel 25°5I54tbrf 118.73fed we point looted on the Southern boodsry ofthd property no. or fdmerf, owned by Dr. De. SavSes, cantering; running Ihena NUM 70' Ta Fay 200.0 ren to the point W plase, of beginning G being Tres d u Wwn .rat delineated at that plot sodded "F.shbil I", oepy of wbk:h is ebehe6 eoytAe bed resorted in 1kW Nook M. P., 660.nd h inco,eorved bemht by Rfuvnm.M merle. pnn hdrQ(\lr Those is maned a 10 foot e.evneel pudkl to sell e. ing 10 fin floor the Soulhan boundary of Hw escrl .forodbod'rmn 0, u shown W delineated in Hw s1 rnt.IIM `FSrhibit 1", .copy of whirl copy is .tuchnl to that bed mcurded In feed Boole 2", Page W .tat is swapo ved hcrtin by mferenoe W made a pan hereof, IBACTFOUR: Beginning at . point kx.td on ill, Fukm right of wRy of NC N. 1242, Raid prim of baginning wing'he Nevis... poll ofn,e psotvsr aein anrgW;f point ofbeginnine running thence South 1° 59 40' Fin 367.5 fa4 w •poise currtning: running HR aM 70' )a Farr 221.6 fen to e point kaaledon Hn Western side Oren exiningcssernem; nwningthe oM 70' Ia Fie w the Wedwn boundv of Clue property heretofore described a Teen Toee, mid nduy des being the W". boundn"Y of that onct boon u "Trace 1" a shown w that plot eorit E hiNt 1", copy of which is dmchM w thin deed recorded in Dead Book 299, Pan. 660 W is i tM hertio by mfemwe and made. pan hereof, runniog thsnce South 25° 51- Cast 31 a75 fen to a no "n& ..ing otre. O O Received OCIM-EC RECEIVED APR 14 2020 OCNI-MHD CITY G '} South 46.42'Fmn)Ig,25fanwapob{cumctift&mating thenw Nonh 42' 56 45' F" 15.69 feel too Yg Point, c'menng; tomiing lh. SMI, 44° 25' Fin 100 fen to an ex6ting toncme mvkn, tumcnng; mg them South 42' S0' Wcu 250.o fen to an bra pipe; mnningtMica RaM 42• SO' Wa a aweight ,t w the Faawm tight of xry of Illghway No. 34. "ing running Ihrnw in 4 ymnal Northerly y+t������ttt�!!!tttlion along tk lanem right of wry of fllghwq No. 34 W N(' Rn c No. 1242 to the point and pbce o oning, "rb, wned.20rwrightofway(oD,.W.I1. Rommand rife, Noma Romm,tkukin and waign>, for e I and epev to'that pmpay of Dr. W. H. gomm and wilt• Norma R. , nld tight of way monc ryayy�1luly Yawn analdelineaed on that plat entitled ^Fahibil I ". copy of obloh it anahcd to din dad rec'h161 in Dccd Rook 299, Page 669 and ie imoTmaled hem, by refemme and Mao, a pan hereof CMG 0� 0� 0 0 Y' n�. N� O O o� N� Received Der# -EC RECEIVED APR 14 2020 OCM-MHD CITY UIx P1VJ I V IYG - I,, t'e) VV ff 00J' J 1 This Document eRecorded: 12/05/2018 01:42:06 PM Tax: $650.00 F G Currituck County, North Carolina ee. pzo.00 �0 Denise A. Hall, Register of Deeds Currituck (*ty Land Transfer Tax: 3250.e0 County Excise Tax: 1985 Sessions Law Chapter 670 (HO 215) This certifies 11114 W'S are no delinquent taxes wnlcn the GufDNOk County Tax Collector Is charged with that are lien on the Ap�,p pedy described In this dead. as of the date of this certification. Date: 12/06/201x Collector/Deputy/Clerk Deanna Soruit[ NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: By: this insW monl was plapartd Jar. Briefdescription for the IMex: _ THIS DEED mede 1hia2ga day orN-1�111`. 2(1 by RW between: — _ ORANIUR: 10(vil EW C. EDWARDS, Tnulee, Of The Aadej\/ 4. Edwardswt TrDated October 22, 19" 1025 E. Ball Road 0-heim. CA 92805 (rRttr9 /p'�rimry residence) GRANTEE: V GAAAARAYYE 33101'A1 y�' on Way Chapel Hill.& 27517 This instrumera prepared by William R. Titchcna, a limaxcd Noah Carolina attorney. Ikiinquent Wu, ilanYJo be paid by the closing attorney to to the county tax collector upon disbursement of closing proerods. WITNESSETH, that"w Grantor, for a valuable wroideration paid by the iFticulady m, flier ipt of which is hereby ackrpwledgW, has and by these pn,,,is does grant, bargain, sell and convey unto the Gr fee simPle, ell that cenaln lot or pareN of laird situated in Crawford Township, Currituck County, North (aamDtu and described as follows: SEE EXHIErr "A"V-'�% EelpeltY known u: 122 Ruston point. Qmttuck. NC 27929 0J 11a: PMPWY herelrwbove described was eogwmd by 0r r by imuument recorded ih Ry 1334, page 585. ItRprNN.OeCINCBv Aww ixuu 1Wselle. a 0 1916, R[rkaa O tar1.20(o Y NeleAb7 Apaama MW 0. NC me, A..waa iw. 1Ht submitted electronicall by •ittchaner Law ofrtce" rt andche terms o7 theosutuaritterfaereeneutewithutheerrt currituckacountirc glscer of Deeds. 1. �E'f:CIVt3�' DECEIVED APR 14 Z020 DCM-MHD CITY Ur\ IYVJ I V IY6- IY'M tI wJOvl JI 0 HAVE AND TO HOLD the aforesaid Int or parcel of land and ell privilcgu and appur¢rur dualo belonging to the `\r,^saenee in fee simple. A�,1jte Grantor mverunn with the Grantee, that GMNOr is seined of the prcmius in fee simple, has the right In convey, M ame in Ibp it plc, that Wle Is marketable and free and clear of all eaumbrmces, end that Granvx will wanent and defend the Title again il lawful claims of all persons WhOne,never, other than the following eaceptlons- C Ualantions, mstrictmu, fASCmenks and encumbtattces of record. IN WI 1­NF_"HF.RE0F. the Grantor has duly cam used the foregoing m of the day and year firm above written, 7M And Daled Otloher 22, 19" By Su¢ of California AIlllnty of _rJfdroln -6 1, the Un&t gold NIs'ear ie of the County and State aforesaid ANDREW C. FDW ARM Trustee of The Andrew C. Edwards Trust therPAposes,I 22, peraotnlly appeared before me this day and acknowledged the due esesvfion ofthe foregoing instrument for the purposes therein msard. Wimem my hand and Notarial atam o seal this Z P � day of November, 2111 S. susaNuomavll Public BHarrq,bk-ralspmtD LIN coww w, u70Wa Y' My Commission Eapirts:1��19�' W Camm.laa•n rin ). NVI Y 16 0 rm V 1�50 "y C" lr- C l000x+H.axINC BV A+eoc'imiin MmNn 10 IY/a, RcvlsudOlV!), NMR �Y-1 Pnnlel by M�aI HIa Nc NC Bar Avo[I W m rYr I d O 01. !Received D M-EC RECEIVED APR 14 2020 DCM-MHD CITY Ur\ IYVJ F V iYL - IYJ Y t J VVlifr JJJ/JI 70 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE] 11BB -.yr auror.reo,u N notary publle or other Ol cpnpleflrg this oeNfk:ala verlaes only the idmdly of the YwMtlur who ttlgllad� t to wNch aris certificate h atlachsd, and rot the tndhfulness, sc Aosey N valkDy of the dowmem. On" V afore me, Dat Personally e. "CLGr�eV red IMMt nd oft ----_— " .�x Nemefs) of Sl ---_ who Proved to me on the basis of satisfactory evidence 10 b8 the -� — -- subscribed to the vMhkr Instrument and acknowl Pereorl(el whose narne(s) Ware hlaAlerAheU authorized ca xts), and that byhiaaher�rtheirsignstutre(s)on M IeJMtlshilithey trumen�heaseme in or the entity upon babeh the persnnisi' Parsons) acted executed the Instrument. O 1 certify under PENALTY OF PERJURY under the laws of the State of Caiifomis that the foregoing paragraph Is true and correct. susxx Moxr�d n xwrryA,Wi< 4e L WITNESS m y bend and f( lal seal. (YeMtYo.rtY comma •mra� - MYCumm &p,eeNv, 1.} Signatare Sl�sa ure of Al blk— d Place Notary Seal Above Though this sect/on /a Optional, compienrg in Ofrnation can decal aaemhon of the document fmudufenf reattachment of or form to W1 unintended document Description of Attached Document N Title or Type of DcOUMSM: Document Date: Signar(s) Other Than Named Above: _ tirnbw a Ppe� Capacity(ies) Claimed by Signer(y Signets Name. D Corporate Oflker — TRItl ❑ Para — ' ]Limited D &Itr _ G Individual fl Attorney In Fad D Trustee fl Guardian at Coneeml ❑ Other: Signer Is Representing: _ So Name: D Co ate Officer — Mul LT Perin®— (l Umaed Cl General ❑lndMdrprk' ❑Attorney In Fad ❑ Trustee V"(' 7 Guardian or Conservator I I Other. _� . er SignIs RePreVnhng: _ 1l National Notary Association • www.NemmalNalary erg Item #MT Receivers RECEIVED APR 14 2020 DCM-EC DCM_MHD CITY UI\ IYUJ 1 V IYa - IYJ LYE UVVIe JJOIO I G �o v 1' �• EXHIBIT 'A' BF ING at an iron pipe located in the Northwestern corner of the property now owned by Lloyd M. GilbMt and wife, Ann M. Gilbert, said Iron pipe being In the Southwestern cornerof the property herein described, from said point of Beginning running thence North 46 degrees 45' West 218.86 feet to anon pipe, cornering; running thence North 56 degrees 04' East 251.76 feet to an iron pipe located at `hy edge of Currituck Sound, cornering; running thence South 36 degrees SW East iS4.43 feet to an iron pi{{p cornering, running thence South 42 degrees 58" West 217.41 feet to the point and place of Beginning. _ng 0.96 acres according to that survey entitled "Dr. W. H. Romm, Currituck County, NC, Crawford Town ,,QQ prepared by Charles E. Brown, III, registered surveyor on September 24, 1981, less and excepting that' strip of land conveyed to Lloyd M. Gilbert and wife, Ann M. Gilbert, in Deed Book 185 at Page i of a Currituck County public Registry and being the same property conveyed in Book 461, Page 576, Currituck County Registry. Together with a 20' ease�r pp t for Ingress and egress as more particularly shown and delineated in the aforementioned survey, r� 0 10 0 Received DCM-EC G 0 VIO �Y1 d 0 0�. RECEIVED APR 14 2020 DCM-MHD CITY MAJOR PERMIT FEE MATRIX Applicant: Gary Kayve & Anne Morean 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: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open 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 a lies: III(A). Private, non- commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 4097 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life. D). If General Water :44097 ality Certification No. $400 60%($240) 40%($160) (see attached) cannot a lied: For development thatolves the filling and/or $475 60%($285) 40% ($190)cavation of more than one acre of wetlands and/or RECEIVE E open water areas APR 14 2020 )aCM-MHD CIT-y NC Division of Coastal Management 91 Cashier's Official Receipt Received From: n`�'n"�' I A(' Permit No.: ,��y.l i y//1„•.1 Applicant's Name:P tr�f ,a AA.e Project Address: I :Z _—�- .4 11 1 c M 9942,,A B C D Date: qp=v g1 _ �- \ 1 , Check No.:-) 1 tr 7 -S � County: Plew retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant ''-�' t xi'j'��-�iN Date: /-- Signature of Field Representable: '� n� % /y._ Date: I 0 n r n - m o m 1V O v ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 leg alsCoMhecoastlandtimes.net FROM: Ella Godfrey DATE: April 13, 2020 SUBJECT: Public Notice: Gary Kayye and Anne Morgan Please publish the attached Notice in the Sunday, April 19, 2020 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Ellie Davis, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIC, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File RECEIVED APR 14 2020 North Carolina Department of Environmental Quality I Division of Coastal Management �/ Elizabeth city Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 DCM—MHD CITY 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 04/03/20. Gary Kayye and Anne Morgan proposes to construct a bulkhead across 3 separate lots, construct a 29' x 6' L shaped pier with a 16' x 18' platform as well as a 16' x 4' dropdown platform at 122, 128, and Parcel #00500000900000 Romm Point in Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 05/09/20, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, April 19, 2020 ]lw.Ymm+M PUM� Nor lhCarolina Department of Environmental Quality I Division of Coastal Management Elirabeth City Office 1401 South Griffin Street. Suite 300 1 EIWWh City. North Carolina 279og 252.264.3401 RECEIVED APR 14 2020 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 13, 2020 Gary Kayye Anne Morgan 3310 Environ Way Chapel Hill, NC 278517 Dear Mr. Kayye & Ms. Morgan: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to construct a bulkhead across 3 lots, a 29' x 6' L shaped pier with a 16' x 18' platform as well as a 16' x 4' dropdown platform at 122, 128 and parcel ID # 00500000900000 Romm Point in Currituck County. It was received complete on April 3, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 17, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of 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 April 3, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-I 19(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your D Q'J RECEIVED North Carolina Department of Environmental Quality I Division of Coastal Management APR 14 2020 Elizabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 0CM-'MHD CITY T Cary Kayye Anne Morgan April 13, 2020 Page 2 of 2 property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Robert Corbett, Field Representative, if you have any questions and or if you wish to receive a copy of his Feld report. Sincerely, :;( n Renaldi District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Robert Corbett, DCM, Elizabeth City Lyn Small, Lyn Small, Inc., Powells Point, NC RECEIVED APR 14 2020 DCM-MHD CITY I P *: B N0T1(0*'$13 CAMA PERMIT APPLIED FOR PROJECT: construct a bulkhead across 3 lots, a 29' x 6' L shaped pier with a 16' x 18' platform as well as a 16' x 4' dropdown platform COMMENTS ACCEPTED THROUGH m m APPLICANT: m Gary Kayye v Anne Morgan 3310 Environ Way Chapel Hill, NC 27517 919-868-3358 May 9, 2020 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: '1 Robert Corbett 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 233 ROY COOPER Gcn,rmar MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 14, 2020 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grega.bodnarAncdenr.aov SUBJECT. CAMA/Dredge & Fill Application Review Applicant: Gary Kayye & Anne Morgan Project Location: 122,128, Parcel #00500000900000 Romm Point in Currituck County Proposed Project: Construct a bulkhead across 3 lots, a L-shaped pier and a dropdown platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 5, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 2353 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`" PRINT NAME AGENCY SIGNATURE DATE 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. North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 DECEIVED APR 14 2020 DCM-MHD CITY DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Gary Kavve & Anne Morgan Distribution Date: 4/14/2020 AGENCY ECRO Community Develo ment/LPO Debbie Lashomb DCM Planner Charlan Owens Elircity US COE: Josh Pelletier Community Assistance lee Padrkk (Beaufort Carteret Craven, Eli: City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public WaterSupply) Clif Whitfield Marine Fisheries Anne Deaton WARO/ECRO James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sherl Montalvo DEMLR Sediment & Erosion- Samir Dumpor Storm Water- Roger Thorpe DWR 401- Anthony Scarbraugh WRC Maria Dunn (WARD) National Heritage Program Rodney Butler D:\work\Maj Comment Distribution Sheet - Kayye & Morgan.docx RECEIVED APR 14 1020 geft#j!M"D CITY —This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major permit Application Computer Sheet (41812020) District: City Date of Initial application submittal (EX.11WO07): 3WO20 Date application 'received as complete' in the Field ofte (EX.1/81007): 4WO20 Permit Authorization: []CAMA ElDredge & Fill NBoth SITE DESCRIPTIOWPERMIT INFORMATION PNA: []Yes RNo Photos Taken: Yes R No[] Setback Required (riparian): ClYes 011ie Critical Habitat: Yes Stile EINotsure 15 foot waiver obtained: 0 Yes No Hazard Notification Returned: ❑Yes RNo SAV.❑Yes RNo [--]NotSure Shell Bottom: Yes RNo Not Temporary Impacts: ZYes ❑No Sure Sandbags: UYes NAto UNotSuve Did the land use classification come from Mitigation Required (optional): countyLUP:RYes []No ❑Yes RNo Moratorium Conditions: UYes UNd Environmental Assessment lone: RNA ❑Yes ❑No RNA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Ll Future Water Supply (FWS) 0 Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) U Outstanding Resource Waters (ORW) WETLANDS IMPACTED El (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomis sp.) wetlands) ❑ (CJ) Saw grass (Cladtum jamaioense) (SA) Salt marsh cordgrass (Spertina U (SY) Salt reed grass (Spartina afteminors) cynosumides) (DS) Sett or spike grass (Disfichlis 11 (SC) Bu11ruSh or three square (Scirpus (TV) Cattail (Typhe sp.) spicata) SO (JR) Black needlerush (Juncus El (SP) Sallimeadow grass (Spartina roemenanus) patens) APPLICATION FEE El No fee required - $0.00 ❑ III(A) Private w/D&F up to i acre; 9 111(D) Prfv. public or comm w(D&F to 1 3490 can be applied - $250 sae; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major El Major Modification to a CAMA Major U IV Any development involving D&F of permit - $100 permit - $250 more then i acre - $475 ❑ Permit Transfer- $100 ❑ III(B) Public or commercial wl D&F to 1 Express Pemit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - U IL Public or commerdal/no dredge RhUhIVED $100 and/or fill - $400 I. Private no dredge and/or rill - $250 0 lll(C) Pdv. public or comet w1V&F to 1 APR 14 202 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888-4RCOAST :: www_nccoas alman@gemant.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Gary Kayye B Anne Morgan Date:41&2020 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Acalvlly- Name Number Choose One Choose One Distension I Dimension 1 Dimension 3 Dimenslon 4 Bulkhead (Not New Work ® Replace 425' 1' 6' MHW Vinyl) Main, ❑ ❑ Y ® N Fill Shoreline New Work ® Replace 685 yd' Stabilization Maint ❑ ❑ Y ® N below H2O Level) Pier I New Work 2F Replace 29, 6' Maint ❑ ® Y ❑ N Platfottn 1 New Work Replace 16', 16' 18', 4' Maint ❑ ❑ Y ® N New Work U Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replete Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New i4brlt Replace War ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replete Maint ❑ ❑ Y ❑ N New Work Replace Metal ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work Lj Replace Maint ❑ ❑ Y ❑ N ISCI,CI V CU APR 14 2020 DCM-MHD CITY revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Gary Kayye B Anne Morgan Date: 41WO20 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impad amoun) tamp impacts) amount High Ground Dredge ❑ Fill ❑ Both ❑ Other ® 8,500 8,500 Shallow Bottom Dredge ❑ Fill ® Both ❑ Other ❑ 6,163 6,163 Shoreline Dredge ❑ Fill ® Both ❑ Other ❑ 425 425 Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 526 526 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig Both ❑ Other ❑ Dredge ❑ Fdl ❑ Both ❑ Oder ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED APR 14 2020 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastahnanagoment. not revised: Nov. 20'12 17 2020-03-17 ff t 2020-03-17 24020-03-17 L6-£Q:--OZ Z - 4 a _ _ z L6-CO-OZOZ �•Y' :I __ oil MI'11 IN *4 -03-17 2020-03-17 2020-03-17 a 2020-03-17 21-CO-OZOZ J L 6-CO-WOZ IVA, I RECEIVED APR 14 2020 DCM-MHD CITY 1� ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA EnWranntental Quoliry RECEIVED MAR 2 3 2020 Lyn Small Inc. 113 Ballast Rock Drive DCM-MHD CITY Powells Point, N.C. 27966 Re: CAMA Major Permit Review for Gary Kay and Anne Morgan Dear Mr. Small: March 20, 2020 On March 3, 2020 the NC Division of Coastal Management acknowledged receipt of your application located at Romm Point, Cunituck County. An initial screening of the submittal package was conducted, which revealed certain deficiencies that required your attention. On March 12, 2020, our office received documents for your re -submittal of the application. On March 17, 20201 made a site visit to the proposed project location. During the course of my site visit a few differences arose that need to be corrected on the CAMA Major Permit Application. My office must receive the following data before the Major Permit Application can be accepted as complete: 1. On the Site Plan. • The maximum distance waterward the proposed bulkhead will be located from Normal Water Level is 36'. i. On the site plan this distance is listed as 50'. The 50' measurement is the escarpment. ii. Changing this distance to 36' will adjust the average distance waterward as well as the amount of projected fill which will be beneficial to the project. 2. DCM MP-1 • 3.b: The name of the waterbody nearest to the proposed project is North Landing River • 3.d: The name of the closest major waterbody to the proposed site is the Cumituck Sound. 3. DCM MP-2 • 3.b. The bulkhead length is listed as 525'. The site plan only shows the bulkhead being 425' i. 525' is the total length of shoreline for the 3 lots. • 3.c: Due to the maximum distance waererward being adjusted to 36' this number will need to be recalculated. • 3.d: The maximum distance waterward is 36' • 3.g: This number will be the average distance waterward (3.b) x the length of the bulkhead (425') North Carolina Department of Environmental Quality I Division or Coastal Management Ellzabeth City Office i 401 South Griffin Street, Sutte 301 I Elizabeth City. North Carolina 27909 252.264.3901 Lyn Small March 20, 2020 Page 2 of 2 4. DCM MP-4 • 7.a The proximity of structures to the adjacent property lines is 196' and 288'. • 7.b The proximity of structures to adjacent docking facilities is 171' and 354'. 5. Other notes • You will not need to re -notify the adjacent riparian property owners • If you provide an agent authorization form for Anne Morgan, you can sign applications for them. i. An agent authorization form has already been received for Gary Kayye. ii. Also you can have both applicants sign the same application if you would like. If you have any questions regarding this correspondence or the permit process, please don't hesitate to contact me. Sincerely, Robert Corbett Coastal Management Representative cc: Ron Renaldi, District Manager, DCM, Elizabeth City Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Gary Kayye, Applicant Anne Morgan, Applicant ROY COOPER NORTH CAROLINA Govemw Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 6, 2020 Lyn Small Inc. 113 Ballast Rock Drive Powells Point, N.C. 27966 Re: CAMA Major Permit Review for Gary Kay and Anne Morgan Dear Mr. Small: The NC Division of Coastal Management hereby acknowledges receipt of your application on 3/2/2020 for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 07.0204. 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 immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed 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: Please address the following items: To consider the application as complete you will need to submit the green card receipts indicating the date the adjacent riparian property owners were notified. • The permit fee for this application is $400.00. 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 RECEIVED �Q� MAR 17 2020 North Carolina Department of Environmental Quality', Divisionof Coastal Management DCM-MHD CITY Elizabeth City Office 1 401 South Griffin Street, Suite 301 1 Eltzabeth City. North Carolina 27904 252.264.3901 Lyn Small Inc. March 6, 2020 Page 2 of 2 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. 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) if you have any questions regarding this letter or the permitting process. Sincerely, Robert Corbett Field Representative Division of Coastal Management cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Ron Renaldi, District Manager, DCM, Elizabeth City Gary Kayye, Applicant Anne Morgan, Applicant PROPERTY OF: RUTH CUTTINO 1527 OXBOROUGH CIR MOUNT PLEASANT, SC 29466 LOCAL ADDRESS: 119 N. ROMM POINT RD NCRTH LANDING RIVER i f 1 EXISTING ......... . ..... " r j r (-�� r I '."') -'j I l", f"" f""� . > r NORTH LANDING RIMER ECT NEW VINYL BEHIND NG WOOD BULKHEAD �t LF VINYL BKHD 354' WATER DEPTH 2'+/ EMNANT WOOD BULKHEAD-\ EXIST WOOD PHRAGMITES i 30CAMA BUFFER AFTER CQMp�n� _ �' � • �_ FTCEfPdij �..--_---__- — TOP OF ESCARPI PROPERTY OF ROMM POINT NC LLC PO BOX 456 MOYOCK, NO 27958 EXIST. RIPR7P— MAX LENGTH n A WATER DEP1N ROPOSED 384 SF PIER AT ENO OF PIER / I LF VINYL BKHD STEPS TO 4' WIDE n / AREA OF BACKI BELOW NWL 230 S.F LF VINYL BKHD TO I , we-_, \ CONNECT NEW VINYL BEHIND EASTING WOOD BULKHEAD PROPERTY OF:. PROPERTY OF: ANW MORGANt GARY KAYYE 4013 W'FR UN ST 3310 ENVIRON WAY i RICHMOND. CHAPEL HILL, NO 23221 LOCAL ADDRESS: I VACANT LOT ROMM POINT RD GRAPHIC SCALE �'•�,• 1•• ( }H 50 F£) �•. 1 iaot� � 60 tt. 27517 LOCAL ADDRESS: 122 ROMM POINT RD LOCAL ADDRESS: 128 ROMM POINT RD � 6 z �� PROPOSED BULKHEAD & DOCK 1 BOHM PODIT RD. CQBRIIVCIL NC KAYYE & MORGAN CO -APPLICANTS Received s j fltlo DCM-EC i PROPERTY OF: VINCENT COLON I 132 ROMM POINT RD CURRITUCK, NO I 27929 LOCAL ADDRESI` 132 ROMM POINT RD RECEIVED i APR 14 2020 I u3 BN/ae/.vue. vcn//s 191 567 ISI-<9r 4"9, N(u(eny elc :9N: 6X6 REMNANT TIMBER _ BULKHEAD _EXIS7ING GRADE PROPDSM VV M. BULKIEAD SECTION A NTS SECTION B SCALE 1 "= 4' BAgffILL 6x6 2.12 CAP 8*0 ROUND PILE PROPOSED NNYL BULKHEAD SECTION C NTS BAg61LL EEXXISTING BOATLIFT TO REMAIN Received 1 n v °mhl PROPOSED BULKHEAD & DOCK / / OF L ROMM PODrf RD, CURIMOC. NC CO -APPLICANTS ON MULTIPLE PARCELS iT7 ;EIVED 14 2020 MHD CITY NC 1"." W