HomeMy WebLinkAbout17-20 Mitchell, Charles & AllysonPermit Class
NEW
Permit Number
17-20
STATE` OF NORTH CAROLINA
Department of Environmental Quality
and Q.'+
Coastal Resources Commission 0
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS It 3-229
Issued to Charles and Allyson Mitchell, 59 Hookset Turnpike Rd., Concord, NH 03301
Authorizing development in Dare County at adi. to Pamlico Sound, at 40175 CC gray Rd and
contiguous lot, in Avon , as requested in the permittee's application dated 10/7/19, including attached workplan
drawings (4), Sheets 1,4 of 4 dated "Revised 10/17/19" and Sheets 2-3 of 4 dated "Revised 1/6/20".
This permit, issued on February 5, 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
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization — Bulkhead and Rip Rap
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead and
rip rap alignments.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2023
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
re, Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
_ J
Charles and Allyson Mitchell
ADDITIONAL CONDITIONS
Permit No. 17-20
Page 2 of 3
3) The alignment of the authorized bulkhead and rip rap shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
5) The bulkhead shall be constructed prior to any backfilling activities.
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
7) The fill material shall be clean and free of any pollutants except in trace quantities.
8) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
9) No backfill material is to be placed within 30 feet of the normal water line, except that which will be
used to backfill the area behind the permitted bulkhead.
10) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
11) The rip rap material shall consist of clean rock or masonry materials such as, but not limited to, granite,
marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the approved
alignment by wave or current action.
12) The alignment of the toe of rip rap shall not exceed the alignment as depicted in the attached permit
application and workplan drawings.
Sedimentation and Erosion Control
13) 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.
Groins
14) This permit authorizes only the five groins located along the lot contiguous with 40175 CC Gray Road,
as depicted in the attached workplan drawings.
15) The alignment of the authorized groins shall be 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 DCM within a maximum of 30 days prior to the new expected start of
construction.
Charles and Allyson Mitchell Permit No. 17-20
Page 3 of 3
ADDITIONAL CONDITIONS
16) The groins, as depicted on the attached workplans, shall not extend more than 25 feet waterward of the
normal water level at the time of construction.
17) The groins shall have a minimum setback distance of 15 feet between any parts of the structure and the
adjacent property owner's area of riparian rights.
18) The permitted groins shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or
other suitable materials approved by Department personnel.
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 httn://www.fws.gov/nc-es/mammal/manatee guidelines.pdf.
General
20) 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.
21) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
22) 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-2020-00031).
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. 19-1635.
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 40.1 application processing fee requirements of the Division of Water
Resources.
k
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant: _ C44,6 k 1TltyW- l->4)to (( - -- - - -
Type: (Check all that apply)
New __ __ Major Mod Permit# _ Minor Mod Renewal Transfer
Permit Coordinator: - - -
Field Representative: ar v�-�-- --- --
-- ------------
f Dat Ie Time Message
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RECEIVED
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Charles andAhyson Mitchel( COUNTY: Dare
PROJECTNAME: Mitchell Project
LOCATION OF PROJECT: 40175 CC Gray Road and 0 CC Gray Road, Avon
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-23-19
FIELD RECOMMENDATION: Attached: Yes
To Be Forwarded: No
NOV 2 5 2019
DCM-MHD CITY
FIELD REPRESENTATIVE: Carver DISTRICT OFFICE: WASHINGTON
DISTRICT MANAGER REVIEW: �,�ikl�Jl Date It4S/J.-,�14
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140) H III(D)
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 11-27-19 END OF NOTICE DATE: 12-17-19
AD]. RIP. PROP NOTICES REC'D:.-, ------ - DEED REC'D: Yes
C) 75 DAY DEADLINE: 1-6-20 150 DAY DEADLINE: ( Zo
HOLDS:
EMAIL OUT DATE: 11-25-19 STATE DUE DATE: 12-16-19
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM - Field Rep
4 z% ((I
DCM - LUP Consistency Determination
Local Permit Officer
Corps of Engineers - Regulatory Branch
L 3 ZJ
DWR-401 Section
DWR-Public Water Supply
DEMLR- Stormwater
t j(il 9
DEMLR - Sediment & Erosion
11
r
DOA - State Property Office
lZ /t2
><
Wildlife Resources Commission
DMF - Shellfish Section
I I 19
DMF - Habitat & Enhancement
t 2 lV
DNCR - Archives & History
1 Z
DNCR -Natural Heritage Program
[NCDOT
Rural Development Division
IZ (4 9
k
ROY COOPER
Gov""u,
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management, Morehead City
FROM: Yvonne Carver, Field Representative
THROUGH: Ron Renaldi, District Manager, Elizabeth City Office R -A.e. (. J 11
DATE: 11 /21 / 19
SUBJECT: Recommendations for Major Permit Application submitted on behalf of:
Charles Mitchell and Allyson Ehrlich -Mitchell
The applicants propose to construct a bulkhead and install riprap on a natural, scalloped
shoreline, as well as groins on two lots. The site of the proposed development is located at
40175 CC Gray Road and 0 CC Gray Road (SR 1244), in Avon, Dare County, adjacent the
Pamlico Sound.
The development proposed will involve the Estuarine Waters (EW), Public Trust Area (PTA),
and Estuarine Shoreline (ES) Areas of Environmental Concern (AECs).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this
project, and my findings are as follows:
15A NCAC 07H .0206ESTUARINE WATERS
(d) Use Standards. Suitable land/water uses shall be those consistent with the management
objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine
waters and their vital components. Second priority of estuarine waters use shall be given to
those types of development activities that require water access and use which cannot function
elsewhere such as simple access channels. structures to prevent erosion, navigation channels,
boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular
location, use, and design characteristics shall be in accord with the general use standards for
coastal wetlands, estuarine waters, and public trust areas described in Rule 0208 of this
Section.
Consistent: The proposed development meets the intent of this rule.
ii D_E Q RECEIVED
North Carolina Departmenlof Environmental Quality 1 Division of Coastal Management NOV 2 5 2019
Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City. North Cal ona 17909
151.1b43401
Mitili CITY
Recommendations for Major Permit Application submitted on behalf of:
Charles Mitchell and Allyson Ehrlich -Mitchell
Page 2
15A NCAC 07H 0207PUBLIC TRUST AREAS
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives
in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which
jeopardizes the capability of the waters to be used by the public for navigation or other public
trust rights which the public may be found to have in these areas shall not be allowed. The
development of navigational channels or drainage ditches, the use of bulkheads to prevent
erosion, and the building of piers, wharfs, or marinas are examples of uses that may be
acceptable within public trust areas, provided that such uses shall not be detrimental to the
public trust rights and the biological and physical functions of the estuary. Projects which would
directly or indirectly block or impair existing navigation channels, increase shoreline erosion,
deposit spoils below normal high water, cause adverse water circulation patterns, violate water
quality standards, or cause degradation of shellfish waters are considered incompatible with the
management policies of public trust areas. In every instance, the particular location, use, and
design characteristics shall be in accord with the general use standards for coastal wetlands,
estuarine waters, and public trust areas.
Consistent: The proposed development meets the intent of this rule.
15A NCAC 07H .0208USE STANDARDS
Paragraph (a) addresses General Use Standards, (1) precludes uses that are not water
dependent coastal wetlands, estuarine waters, and public trust areas.
Consistent: The proposed bulkhead, riprap, and groins are water dependent, and meet
the intent of this rule.
Paragraphs (a)(2) (A-G) notes that before being granted a permit, the CRC or local permitting
authority shall find that the applicant has complied with the following standards: 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 beds, submerged aquatic vegetation as defined by the
Marine Fisheries Commission, and spawning and nursery areas; development shall comply with
state and federal water and air quality; development shall not cause irreversible damage to
documented archaeological or historic resources as identified by the N.C. Department of
Cultural resources, shall not increase siltation; shall not create stagnant water bodies; shall be
timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources; and
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 development as proposed meets the intent of this rule.
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
Recommendations for Major Permit Application submitted on behalf of
Charles Mitchell and Allyson Ehrlich -Mitchell
Page 3
(b) Specific Use Standards
(7)(A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the
location of normal high water or normal water level (NWL),
Potentially inconsistent: The 150 Ift bulkhead alignment will average a distance of 3'
waterward of NWL, with a maximum of 5' to the south. However, the proposed alignment
will adjoin to the landward end of the southern riparian property owner's bulkhead return
wall, angle slightly to the east as it runs to the north, and straightens out along the
scalloped shoreline of the lot at 40175 CC Gray Road.
(B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant
adverse impacts to the resources,
Consistent: No bulkhead is proposed along the northern lot noted as 0 CC Gray Road,
which has coastal and non -coastal wetlands present. The development as proposed
meets the intent of this rule.
(C) 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 propose to backfill and grade the material to match the
existing grade at the single-family residence, as well as plant native beach grass to help
stabilize the fill material. The development as proposed meets the intent of this rule.
(D) 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. 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, (iii) the bulkhead alignment will not adversely impact public trust rights or the
property of adjacent riparian owners, (iv) the need for a bulkhead below normal high water or
normal water level is documented by the Division of Coastal Management, and (v) the property
to be bulkheaded is in a non -oceanfront area.
Consistent: The site does have an identifiable erosion problem. A bulkhead with riprap
exists on the property to the south, and an erosion escarpment has developed along that
area. Recent storms have increased the erosion, and high tide events have caused
upland escarpment past the existing riprap and around the house/porch pilings. The
proposed alignment will not impact public trust rights or the property of the adjacent
property owner; rather, the proposed bulkhead should aid in preventing further erosion
on that southern end. The development is in a non -oceanfront AEC.
RECEIVED
NOV 252019
%5 :M, _MHD CITY
Recommendations for Major Permit Application submitted on behalf of:
Charles Mitchell and Allyson Ehrlich -Mitchell
Page 4
(E) Where possible, sloping rip rap, gabions, or vegetation shall be used rather than bulkheads
Consistent: The applicants' proposal also includes the installation of riprap. The
existing riprap onshore will be repositioned in front of the new bulkhead, with additional
rock added to complete an alignment totaling 190' long x 10' wide.
(9) Groins (A) through (G) Groins shall not extend more than 25 feet waterward of the normal
high water or normal water level unless a longer structure is justified by site specific conditions
and by an individual who meets any North Carolina occupational licensing requirements for the
type of structure being proposed and approved during the application process; groins shall be
set back a minimum of 15 feet from the adjoining riparian lines; groins shall pose no threat to
navigation; the height of groins shall not exceed one foot above normal high water or normal
water level; no more than two structures shall be allowed per 100 feet of shoreline unless the
applicant provides evidence that more structures are needed for shoreline stabilization; "L" and
"T" sections shall not be allowed at the end of groins, and riprap material used for groin
construction shall be free from loose dirt or any other pollutant and of a size sufficient to prevent
its movement from the site by wave and current action.
Consistent: 7-25' vinyl groins are proposed every 50' along the shoreline of both
properties; the development as proposed meets the intent of this rule.
15A NCAC 07H .0209 COASTAL SHORELINES
(d)(A) through (9) Use Standards. Acceptable uses shall be those consistent with the
management objectives in Paragraph (c) of this Rule. These uses shall be limited to those
types of development activities that will not be detrimental to the public trust rights and the
biological and physical functions of the estuarine and ocean system. Every effort shall be made
by the permit applicant to avoid or minimize adverse impacts of development to estuarine and
coastal systems through the planning and design of the development project. Development shall
comply with the following standards: 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; 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; development projects, proposals, and designs shall comply with the mandatory
standards of the North Carolina Sedimentation Pollution Control Act of 1973; shall not have a
significant adverse impact on estuarine and ocean resources; shall not interfere with existing
public rights of access to, or use of, navigable waters or public resources; 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; and shall not encroach upon public accessways nor shall it limit the use of
the accessways.
Consistent: The development as proposed meets the intent of this rule.
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
Recommendations for Major Permit Application submitted on behalf of:
Charles Mitchell and Allyson Ehrlich -Mitchell
Page 5
(10) (A) 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: water -dependent uses as described
in Rule 07H .0208(a)(1) of this Section.
Consistent: The proposed bulkhead and return walls, riprap, and groins are water
dependent. The development as proposed meets the intent of this rule.
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application, and plans submitted by the Mitchells, I recommend a Major Permit be
issued to the applicants based on their current proposal, and subject to the standard permit
conditions.
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
Bodnar, Gregg
From: Thorpe, Roger
Sent: Tuesday, November 26, 2019 8:22 AM
To: Bodnar, Gregg
Subject: CAMA Major - Charles & Allyson Mitchell Bulkhead Project Avon, NC, Dare County
Gregg
The subject project will not require a State Stormwater permit.
Roger
Roger K. Thorpe
Environmental Engineer
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
252-948-3923 office
roger.thorpe@ncdenr.gov
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
i%Y"T�lothdl j compares" ---
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
ROY COOPER
povoffior
MICHAELS. RE13,A19
s
BRAXTOKC DAVIS.
olwtor
October 10, A 1 -9
MEMORANDUM:
FROW
%BJEGTi
Applicant:
ftjectldcation:
i
0rqpo!0ed_ProJqqfi.
PRINTNAME
M31ENCY
.SIGNATURE
DATE
Gregg, Bodnar, Assistant Major Permits'Coordina-tor
NdDEQ - Division ,ofCoastal 'Managemen't
400.Commer6e,Ave.. Morehd'a_'d,'Gity,,'N'C 28557
F-99:2Z-2
' B47-3,330�(,Cduriet.104.16�33),'
qrecLq4bodnar6n6d6e.4&
di W ibredge-A R11_AppHcat1o'n'R'6'vdevV
Charles & A I I lyson'Mitdhell
4017d CCiGray:an&0 CC GrayFRoad In Dare County
Instaill seven W261-Whyl gr6I1ns,,a,vinyI bulkhead, place riprap waterward.of
ckfill; gra I d I a I and plant
Vy6Or'agency'spositibn6t,v!eWooiht%oh the, propos0d,project and
gapoftrat the address above 4y'PqqeMber16j 2019., If,you, haV,eany
May be attac,heW*
This agency has no comment onAhe proposed'project.
This ,'agency approves of the project only if the recommended changes
are-incorpbratqd. Seeattaciled.
pgen - This I CY . objects to the project for reasons desdribedIn the attached
comments.
DEC 2 2019
MP SECTION MHD
ovc0q
MICHAEL S. R03AN
BRAXTON!C. DAVIS;
,Director""11
.06tobdr:10,201'9
MEMORANDUM:
FROW
SUBJECT;;;
Gregg Bdcl#40. AgstptOht Major Peftits-iCoordihatdr
NODEQ -Division of GoastalMaoagerpent;
NQ28557
Fak! 252-247-33X(Co- tor,94.1,A,$3)
2"' ': 6 r( , qr, , ,
greGo. 6dria goyi
LAMA /Dredge„&;Fill Application Review
APPO s &,All qpMltplIeiI,
1paro- Ys
P(plect'l-9g.1tilo, n.: 4017d Cc.'Grayancl'Q Oq.Gia
,yRoad JJn.,D.are1.r-o1yh*
Proposed Prqjpct:
'PRINT NAME Kacee Zinn
AGENCY NCDMF Shellfish Sanitation
,SIGNATURE AC Z;ze, for Shannon Jenkins
DATE' 11/27/19
place riprap;;yvaterward .0
RECEIVED
DEC 2 2019
MP SECTION MHD
ROY COOPER
Governor
MICHAEL S. REGAN
Secrelary
BRAXTON C, DAVIS
01recmr
October 10, 2019
MEMORANDUM:
T1�y
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)
preoo.bodnar ncdenr.00v
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: Charles & Allyson Mitchell
Project Location: 4017d CC Gray and 0 CC Gray Road in Dare County
Proposed Project: Install seven 25' vinyl groins, a vinyl bulkhead, place riprap waterward of
bulkhead, backfill, grade and plant beach grass
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 December 16, 2019. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data is requested.
I nls agency has no objection to the project as proposed.
"Additional comments may be attached"
u— - 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 ' j^ e-e- A ar, r%!=
AGENCY AI(- �n2 RECEIVED
SIGNATURE
DEC 6 2019
DATE
MP SECTION M
North Carolina Department of Emlronmantaf Quality I Divlslon or Coastal Management
EllrnbethClty Orrice 1401 South Griffin Street, Suite 3001 Elizabeth Cay,North Carolina 27.909.�--
252.264.3901
ROY COOPER
covemor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
October 10, 2019
MEMORANDUM:
d�
NORTH CAROLINA
EnvironmentalQuallty
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.bednar0,ncdenr.gov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Charles $ Allyson Mitchell
Project Location: 4017d CC Gray and 0 CC Gray Road In Dare County
Proposed Project: Install seven 26' vinyl groins, a vinyl bulkhead, place riprap waterward of
bulkhead, backfill, grade and plant beach grass
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 December 16, 2019. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
i+^ This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Wit✓` d - t • iU R.r" J
AGENCY
SIGNATURE LO
DATE �Rc . I x' st. U 1 tj
Qp
DEC 1 3 2019
MP SECTIM MHD.
North Carolina Department ofrnvironmental Quality I Division ofCoastathi t gement
ElizehNhCity Office 1401 South Gdlnn Street, Suite 300 1 Elizabeth City, North Cazo9na 27909
252.264,3901
ROY COOPER
c6wnw
MIC14AEL S.103AN
9dotary
BRAXTON C. DAVIS.
olmmr
October 10, 2019
MEMORANDUM
FROM:
SUBJECT:
'Applicant:
Project, Locationt
Proposed Project;
Gregg Bodnar,. Aiisist.ankMaldr. Permits Coordinator
NCQEQ - Division of Coastal Man6geffient
400Cominerad Ave,; Morehead City,, NC 20557
Fax: M2-2474330(Cookler 64-1048)
aredo.6oddar6nodennany
CAMA lDredge & Fill Applicit(on Review
Charles
&ARYson M!tOoll
401 1 7d rc Gray and 0-CC Gray Road 1p.'Par.e County
Instill seven 25, V . I . nyl: groins,'a Vinyl bulkhead, place r1prap wat4rw4rd of
bulkhead) 4apWill, grade'and plant beach grass
Pleats indicate below your a gen0y's position arviewpoint bri the proposed project and.
return this form: to Gredo Bodnarat the, address above by December 16, 2019: Ifyou have any .
gtiestions'regarding khe proposed pYolect, contact Yvonne Carver (252.264-3901, ext. 237) when i i
appropriate, In-depth corriments, with supporting:data 16 req4est6d.
REPLY: This agency has no objection to, the project as proposed.
*. Addllional comments' nay b`0 attached""
This agency has nocomment on the proposed. project
This agency approves.of the project only if the recommended changes
are incorporated. See'attached.
This a6eficy objects to the, project for reasons described in the attached
comments.,
RECEIVED-
PRINTNAME 0%oehs-
C— VIA
AGENCY
DEC 1 2 2019
SIGNATURE
DATE
MP SECTION MHD
SE Q-1-99
ROY COOPER
Governor
MICHAEL S. REGAN
Se-etary
BRAXTON`C; DAVIS
Dlrecror
MEMORANDUM
NORTH CAROL:INA
Eavironmentul Quality
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coasla nagement
FROM: Charlan Owens, AICP, NE District Planner
Division of Coastal Management
SUBJECT: Major Permit Request by Charles Mitchell and. Allyson Ehrlich -Mitchell to install
150 linear feet of vinyl bulkhead, a 10 foot wide by 190 linear foot section of riprap,.
and seven (7) 1 foot Wide, by 25 foot long vinyl groins along the Pamlico Sound; on
property located at 40175 CC Gray Road and on an adjacent property to the north,
in the Avon community, in Dare County.
DATE: December 11, 2019
Consistency Determination: The request is consistent with/not in conflict with the Dare.
County 2009 Land Use Plan certified by the CRC on February
24, 2011.
Overview: The 1.74 acre project area consists of two (2) adjoining properties under common
ownership (40175 CC Gray Road and unaddressed CC Gray Road) with a combined shoreline of
450 linear feet along the Pamlico Sound. Section 404 Wetlands are located on the unaddressed
CC Gray Road property. Site elevations range from 3 feet to 6 feet above Normal Water Level
(NWL).. Water depths within the project area range from .5 feet to 1.5 feet below. NWL. The
project area is primarily located within the VE (1.0) Floodzone, with VE (11) extending into the
sound. Existing site improvements consist of a single-family house with upper and lower decks,
a split rail fence and a 4 foot wide by 80 foot long wooden walkway that extends to an adjacent
property. Existing shoreline improvements consist of 130 linearfeet of riprap shoreline along the
property at 40175 CC Gray Road. According to the applicant, the project area experienced 1 feet
to 6 feet of erosion over the last year.
Installation of 150 linear feet of vinyl bulkhead, a 10 foot wide by 190 linear foot section of riprap,
and seven (7)1 foot wide by 25 foot long vinyl groins is proposed. Bulkhead will include a 40 foot
return wall along the north and south property lines of 40175 CC Gray Road. The bulkhead will
be installed an average of 3 feet and a maximum of 5 feet waterward of NWL. The bulkhead will
be, backfilled and the -back fill-willi be graded and then planted with native beach grass. Upon
bulkhead completion, existing riprap will be relocated on the waterward side of the bulkhead and
additional riprap will be added. Riprap will turn landward 40 feet to follow the bulkhead return wall
to the north. Groins will be spaced 50 feet apart on each 'shoreline.
RECEIVED
DEC 1 2 2019
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South:CriiflrtStreet, Suite30o I Elizabeth Clty,Nortb Carolina"' MP SECTION MHD
252.264.3901 'tad
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 4
The waters of the Pamlico Sound are classified as Class SA waters and High Quality Waters in
this area and are open to shellfish taking. A review of Submerged Aquatic Vegetation (SAV) was
not provided. A review of historic and/or archaeological resources was not provided.
Anticipated Impacts resulting from this project are expected to include: the filling of 1,900 sq. ft.
of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and .13 acre of
Estuarine Shoreline AEC.
No wetland areas will be impacted.
Basis for Determination:
The Dare County Land Classification Map identifies the subject property as "Community Village".
As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of
Environmental Concern (AECs) and all federal lands except for the bombing ranges on the
Mainland and some state-owned lands in Frisco and Buxton.
As indicated on Page 217 for the "Conservation" designation, "...development should be limited
to residential development and traditional accessory uses permitted in the CAMA AECs such as
but not limited topiers, docks, and crab -shedders." The purpose of the "Conservation"
classification is to provide for the effective long-term management and protectionof significant,
limited, or irreplaceable areas. Land disturbing activities should not occur unless in conjunction
with an authorized development. Authorized development should include provisions and
conditions that minimize impacts to any natural, cultural, historic, and scenic values of the areas
authorized for development.
The following LUP policies may be applicable to this request.
Public Access:
Policy PA#1, Page 142.
"Dare County supports the preservation and protection of the public's right to
access and use of the public trust areas and waters."
DEC 1 2 2019
P SECTION MHD
North Carolina Department of Environmental Quality
Division of Coastal Management
Land Use, Compatibility:
Archaeological/Historic Resources
Policy LUC#15, Page 159.
"The Dare County Board of Commissioners supports the protection of
structures, lands, and artifacts that have been identified by the NC
Department of Cultural Resources, Division of Archives and History, as
archaeologically or historically significant. On a case -by -case basis individual
protection/management strategies should be implemented to ensure
archaeological and/or historical resources are not destroyed."
Natural Hazards:
Estuarine Systems
Policy NH#2, Page 180.
"Estuarine shoreline development should continue to be managed to protect
and preserve the natural resources of the estuarine waters and the estuarine
shoreline. The appropriate tools for this are the existing CAMA permit program
and the Areas of Environmental Concerns (AECs) designated under the
CAMA program. Dare County reserves the right to review, comment, advocate
or oppose any proposed regulations or programs that may affect the
regulation of estuarine waters and/or the estuarine shoreline..."
Implementation Strategy, Page 180.
"1. Rely on existing CAMA AEC regulations to address
development activities along the ocean beaches, estuarine
shoreline, and other public trust areas in unincorporated Dare
County..."
Policy NH#3, Page 180
"Dare County supports the installation and maintenance of estuarine
bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are
appropriate- alternatives for property owners for addressing estuarine
shoreline management in lieu of estuarine bulkheads where these other
techniques may be equally effective in abating a shoreline erosion problem."
MEMORANDUM
Page 3 of 4
DEC 1 2 2019
MP SECTION MH
`/
N
North Carolina Department of Environmental Quality
Division of Coastal Management
Policy NH#5, Page 181.
"Dare County supports, as minimum standards, the administration and
enforcement of all applicable floodplain management regulations and the
National Flood Insurance Program..."
Water Qualitv:
Policy WQ#2, Page 188.
"Development projects shall be designed and constructed to minimize
detrimental impacts on surface water quality, groundwater quality, and air
quality..."
Stormwater
Policy WQ#5, Page 190.
"Efforts to manage stormwater runoff should be based on local conditions and
natural features. Properties immediately adjacent to SA classified waters
should be developed consistent with the dimensional standards and lot
coverage limitations of the Dare County Zoning Ordinance. Vegetative buffers
and other low —impact development methods identified by the UNC Coastal
Studies Institute are appropriate tools to address stormwater runoff adjacent
to SA waters."
Fisheries Resources
Policy WQ#11, Page 193.
"Dare County recognizes the importance of our surrounding waters that serve
as habitats for the area's abundant fisheries resources. The continued
productivity of Dare.County's fisheries shall be fostered through restoration .
and protection of the unique ecosystems upon which they depend. Dare
County supports measures to protect and preserve designated primary
nursery areas by the Division of Marine Fisheries..."
MEMORANDUM
Page 4 of 4
DEC 1 2 2019
WIP SECTION Eta iD
P tDom.dOPEP OY
lt!VONCLDAVIS'�
October.10;201gr
SUSJECT.,�
APPY Ont:
:7
Received: 12/02/20't 3
date .8isfdri , c 1�re r, v "40 Office
�
,Gregg
666a0, Aisistant rAq#, intor
_
.:NlCQE-Q1=.DlvWib'n of;GoastaI Management
4'0'0'Cdrnnieiii Ave.w.Morefiead G ly NC 2865Y
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CAMA tbfedge4 ATApp 11catkm ReView.
ER 19-5ti139
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Due; =,4/1711,9-
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"Propose-dPr9ject, !Install ,seven '26',Yiyiyi'iroifis;a.vinylbulkki-�A pl
ace` l_a'ce"rlpFapwa'j0wa,rd'4iF
�:
P IRINT,N,AIM
APENCY Stdtd'Histortc:Preservati6n.Offite-
�
SIGNATURE
DATE
DEC 1 7 2019
MP SECTION MHD
PE(O 4-ft.
I
ROY COOPER;
V,Ulw
MICReL S. 103AN'
I ; Y�
BRAXTON C,PAVISi
Cfctdb6r-10 20f9
MEM00AND
FROMI"
SUBJEPT:.
Applicant::
0ro1q6,t,Locallo, n:
Proposed- P,rqject;�
CA A?r0oV0A 'Fit" pplloatbbpgidw
Charles &'Altysonmichell
460d-dC,Gray -'And'o OP�0rayl Road Inbare CountV,
dt and
If yl-oui
REPLY:_This .qgqpcy h'as.no,objddon tdAhb�prdjept as proposed:. "%ddltlonbl comments 'M6y"be- attached"'
WR Project No. 19-1635
X ThWagency, hatrn �nq comment 66 the proposed project. D. ,
This ,agOn'6y4ppr,6es of project only ffihe,redoMmhdedichanges;
arelftorpor6te"d. See attached,
This gge�qpy d Jeatot,h,ie 0r'qJ�ddi for reesoos46scrIibed in the att6ched
colmm6rits.
PRINT NAMg Anthony S6arbraugh
AGENCY DWR
DATE 12/16/19
llrEQ � pi
RECEIVED
DEC 1 6 2019
NAP SECTION MHD
Bodnar, Gregg
From: Weychert, Curtis R
Sent: Wednesday, January 8, 2020 9:58 AM
To: Bodnar, Gregg
Subject: RE: Mitchell
Hey Gregg, after talking with Doug on the phone, there shouldn't be a need for any buffers in the permit
conditions. Both his observations and our mapping efforts show that the groins shouldn't have any significant impacts
on the SAVs growing offshore.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Wednesday, January 08, 2020 8:28 AM
To: Weychert, Curtis R <curt.weychert@ncdenr.gov>
Subject: Mitchell
Hey Curt,
Doug Dorman may be calling you to verify some things.
Gregg
Gregg Bodnar
Assistant Major permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 29M ext 21S (Office)
G rcgg. Bodna r@ncdenr,gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
j
r
kOYC..00 NORTH cntsolilvA
lhvrrorJmenrorQJlcrf
MICHAELS BEGAN`
Seaefary_ 7 t YYv
"MEMO--RQNDUMI _
FRQMs Gregg El6dnar, AQStent Major Peimda Cobrdinafors
NCDEQ "DivlsionofCoastal,Management;` ' '17
400 ConJmerce Ave,; Morehbad;City, NC 213667 '
Fax 252 247 3330 (Gour/er04,1B
gfegg bodnar[dlnc�enr aov
rC t
SUBJECT; CAMA%Dredge A,F(ll'Appll iatlon Revlew-
Applicant , Cherlas & Allyetin Mitchell ^ , '
Protect Lb¢ation 4017d'CC'Gray!and 0 CCsGr'ay'ttoad in Dare County~
Proposed Prb)ect Instell,aeyen 26vinyl groins; a vinyl bulkhead, place rlprap waterward of
;Itulkhe d;ibacktlll, rade
,, ,, a tg, � atJd,)(lant beach`graes
Please indicate beioveyour agenc s osit�oh ovjawpQJnton tfEe io osed rti act and :r+ + ' ` iefurn its re o r tosoreaa'`godnar.`at the°address abovei by December 98;`2019 if you'Jiave any,
gueslions regarding the;propossd;praject contect,Yvonne•Carvef (262 284 3901 ext 237) when
appropriate, In-depth comments with supporting data is roguestad „t w # f* �w
:REPLY This agency has no obJedlon to the pro)ect as proposed =
"'Additlonl comments may,pe attached'• '
.r a am , 1 ,. .i y Y :'t,i ��r:i 3,.. •_
Thisgaricy hasFgo comment onfhe proposed project
:',Thle agency, approves p the pf6lbb `only; If,the recommended changes,'
are,,,inco(poraled See attached r L;
This agency obJecls tb",the proJect,for reasons described in the attached
comments,, i r
. PRINT NAAIfE JOri .,� W/�QjA II�� AGENCY
RECEIVED
SIGNATURE
DATE [-7_ .2 -JAN 2 2020
r r.
MP SECTION MHD
NothCurclln6 Departmerd orawtronmentel Quelltyl OhidtinorCoaptCl Menegtmentr -
" EllubethClty O[gCe 140lSC0thGrnMSlr"t Sulte300.J EllMbethdMNoMt6,a,,d279aq'
' i I
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W.MURPHEY
Oirsrtor
MEMORANDUM:
TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator
FROM: Curt Weychert, NCDMF Fisheries Resource Specialist' /�
SUBJECT: Charles and Allyson Mitchell Project v
DATE: January 2, 2020
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the
CAMA Major Permit application for proposed actions that impact fish and fish habitats. The project
is located at 4017d CC Gray and 0 CC Gray Road in Dare County. The waters in the area are
classified as SA, high quality waters (HQW), open to the harvest of shellfish, and is a noted area of
historic submerged aquatic vegetation (SAV) growth. The applicant is proposing to stabilize the
shoreline through a combination of vinyl bulkheading, riprap waterward of the new bulkhead
alignment, backfill of material below normal low water (NLW), and construction of 7 vinyl groins
along the area in front of the single family residence and adjoining property.
On the Atlantic coast, North Carolina ranks second behind Florida in SAV presence (Funderburk et
al. 1991; Sargent et al 1995). Observations since 2000 have indicated that SAV coverage in North
Carolina is expanding into previously unobserved areas. SAV is a vital component to the estuarine
system and is prime nursery area for many fisheries species, such as gag grouper, flounder, red
drum, black sea bass, weakfish and Atlantic croaker (Deaton et al. 2010). SAV supports high
diversity of foraging fish and invertebrates and provides valuable ecosystem services as a primary
producer and enhancer of water quality (Deaton et al. 2010). SAV filters water, stabilizes sediment
(Fonseca 1996; Stephan and Bigford 1997), and provides refuge for juvenile finfish, crabs and
shrimp (Savino and Stein 1989; Rooker et al.1998). SAV supports a vast array of epiphytes and
other sessile invertebrates that serve as a food source for many fisheries species. Waters
containing SAV have higher species richness and abundance than those without SAV (Thayer et al.
1975, Ross and Stevens 1992), and can improve water quality and clarity through the filtration of
water by the associated epiphytic community. SAV is recognized as essential fish habitat due to its
primary production, structural complexity, modification of energy regimes, sediment and shoreline
stabilization, and nutrient cycling (Deacon et al. 2010).
The applicant stated that an SAV survey was conducted, however, there was no mapping of the
areas that were surveyed. Construction of groins have the potential to reflect wave action and
disturb the sediments in the construction area. These groins will also affect the bottom contour by
affecting the transport of sediment, which could adversely affect the potential for SAV habitat.
Studies have shown that hardened vertical structures built adjacent to SAV have the potential to
negatively impact the presence, density, species composition, as well as the habitat function of the
grass beds. It is for this reason that the NCDMF recommends that the construction of these groins
RECEIVED
->"Nothing Compares,
State of North Carolina I Division of Marine Fisheries JAN 2 2020
3441 Arerdell Street I P.O. &u 769 Morehead CJty. North Carolina 28557
252-72b-7021
be removed from the proposed work until a thorough SAV survey may be completed during the
growing season to ensure there are no SAVs present in the construction area.
Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat
Protection Plan. North Carolina Department of Environment and Natural Resources.
Division of Marine Fisheries, NC. 639 pp.
Fonseca, M. S.1996. The role of seagrasses in nearshore sedimentary processes: a review. p. 261-
286 in C. Roman and K. Nordstrom (eds). Estuarine Shores: Hydrological, Geomorphological
and Ecological Interactions. Blackwell, Boston, MA.
Funderburk, S. L., J. A. Mihursky, S. J. Jordan, and D. Riley.1991. Habitat requirements for
Chesapeake Bay living resources. Habitat Objectives Workgroup, Living Resources
Subcommittee and Chesapeake Research Consortium with assistance from Maryland
Department of Natural Resources, Solomons, MD.
Rooker, J. R., G.J. Holt, and S.A. Holt. 1998. Vulnerability of newly settled red drum (Sciaenops
ocellatus) to predatory fish: is early -life survival enhanced by seagrass meadows? Marine
Biology 131(1): 145-151.
Ross, J. L. and T.M. Stevens.1992. Life history and population dynamics of red drum (Sciaenops
ocellatus) in North Carolina waters. NC Division of Marine Fisheries, Morehead City, NC,
Marine Fisheries Research Completion Report Project F-29,130p.
Sargent, F. J., T. J. Leary, D. W. Crewz, and C. R. Kruer. 1995. Scarring of Florida's seagrasses:
Assessment and management options. Florida Department of Environmental Protection, St.
Petersburg, Fl.
Savino, J. F. and R.A. Stein.1989. Behavior of fish predators and their prey: habitat choice between
open water and dense vegetation. Environmental Biology of Fishes 24(4): 287-293.
Stephan, C. D. and T.E. Bigford.1997. Atlantic coastal submerged aquatic vegetation: a review of its
ecological role, anthropogenic impacts, state regulations, and value to Atlantic coastal fish
stocks. Atlantic States Marine Fisheries Commission, 77p.
Thayer, G. W., S.M. Adams, and M.W. La Croix. 1975. Structural and functional aspects of a recently
established Zostera marina community. p. 518-540 in L.E. Cronin (ed.). Estuarine Research.
Academic Press, New York, NY.
Contact Curt Weychert at (252) 808-8050 or Curt.Weychert@ncdenr.eov with further questions or
concerns.
RECEIVED
JAN 2 2020
Nothing Compares..-.., MP SECTION MHn
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021
Regulatory Division
SAW-2020-00031
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:
RECEIVE®
F E B 3 2020
ru,,P SECTION MH®
Reference the application of Mr. Charles Mitchell to construct a 150 linear foot bulkhead an
average of 311 waterward of the NWL, place 190 linear foot of rip rap 10 feet wide adjacent to
the bulkhead, install 5 groins approximately 25 feet long by 1 foot wide and 50 feet apart, in
the Pamlico Sound, at 40175 CC Gray Road, in Avon, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
RECEIVED
F E B 3 2020
maintenan epo�f�'troject, in such a manner as to impair normal flows and circulation patterns
MP SECT] i�a�r6�e lands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
6. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this
permit.
8. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
9. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter I I3A Article 4).
10. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
11. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
12. In order to protect the endangered West Indian manatee (Trichechus manatus) the
Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-
es/mammaUmanatee_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 Pvers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
Regulatory Project Manager
RECEIVED
F E S 3 2020
41P SECTION MHD
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ron Renaldi, District
Manager Elizabeth City
Field Office
North Carolina Division of Coastal Management
RECEIVED
F E B 3 2020
NIP SECTION MED
CESAW — RG-W /SAW-2020-00031
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit
Verification
1.0 Introduction and overview: Information about the proposal subject to one or more
of the Corps regulatory authorities is provided in Section 1, detailed evaluation of
the activity is found in Sections 2 through 4 and findings are documented in Section
5 of this memorandum. Further, summary information about the activity including
administrative history of actions taken during project evaluation is attached (ORM2
summary).
1.1 Applicant name: Charles Mitchell
1.2 Activity location: 35.352746N-75.513459W
1.3 Description of activity requiring verification: construct a 150 linear foot bulkhead
an average of 3ft waterward of the NWL, place 190 linear foot of rip rap 10 feet
wide adjacent to the bulkhead, install 5 groins approximately 25 feet long by 1
foot wide and 50 feet apart
1.4 Permit authority: Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403)
and Section 404 of the Clean Water Act (33 USC 1344)
1.5 Applicable Permit: Programmatic General Permit (PGP) 198000291
1.6 Activity requires written waiver? Yes
2.0 Evaluation of the Pre -Construction Notification
2.1 Direct and indirect effects caused by the GP activity: direct effects are those caused
by the footprint of the bulkhead, riprap and groins installed on the property. No
adverse impacts to species or habitat is expected to occur outside the footprint. A
stabilized shoreline and shoreline accretion will be a result of the constructed activity.
2.2 Site specific factors: existing shoreline, water depths
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? Yes
If yes, describe results including resolution of any concerns. Approved
2.3.2 Was the PCN coordinated with other Corps offices? No
If yes, describe results including resolution of any concerni ,'NAv'EIVED
2.4 Mitigation
Page 1 of 7
F E B 3 2020
C WP SECTION FJIHD
CESAW — RG-W /SAW-2020-00031
2.4.1 Provide brief description of how the activity has been designed on -site to avoid and
minimize adverse effects, both temporary and permanent, to waters of the United
States to the maximum extent practicable at the project site: design changes were
made after resource agencies were concerned about 2 other groins in front of the
bulkhead alignment. Those groins were removed from the proposed plan.
2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic
resources to reduce the individual and cumulative adverse environmental effects to
a minimal level? No
Provide rationale: NA
2.4.3 Type and location of compensatory mitigation
Is the impact in the service area of an approved mitigation bank? NA
If yes, does the mitigation bank have appropriate number and resource type of
credits available? NA
Is the impact in the service area of an approved in -lieu fee program? NA
If yes, does the in -lieu fee program have the appropriate number and resource type
of credits available? NA
Selected compensatory mitigation type/location(s): See Table 1
Table 1: Mitigation Type and Location
Mitigation bank credits
In -lieu fee program credits
Permittee-responsible mitigation under a watershed approach
Permittee-responsible mitigation, on -site and in -kind
Permittee-responsible mitigation, off -site and/or out of kind
Does the selected compensatory mitigation option deviate from the order of the
options presented in §332.3(b)(2)-(6)? NA
If yes, provide the rationale for the deviation, including the likelihood for ecological
success and sustainability, location of the compensation site relative to the impact
site and their significance within the watershed, and/or the costs of the
compensatory mitigation project (see 33 CFR §332.3(a)(1)): NA
2.4.4 Amount of compensatory mitigation: NA
Rationale for required compensatory mitigation amount: NA
2.4.5 For permittee responsible mitigation identified in 2.4.3 above, 1!h flh�df itti{itie+s�
plan must include the items described in 33 CFR 332.4(c)(2) through (c)(14) at a
level of detail commensurate with the scale and scope of the imppfis. As,�art,,,n
Page 2 of 7
rN� � -
CESAW — RG-W /SAW-2020-00031
alternative, the district engineer may determine that it would be more appropriate to
address any of the items described in (c)(2) through (c)(14) as permit conditions, instead of
components of a compensatory mitigation plan. Presence of sufficient information related
to each of these requirements in the applicant's mitigation plan is indicated by "Yes" in
Table 2. "No" indicates absence or insufficient information in the plan, in which case,
additional rationale must be provided below on how these requirements will be addressed
through special conditions or why a special condition is not required.
Table 2: Perm ittee-Responsible Mitigation Plan Requirements
Requirement
Yes
No
Objectives
Site selection
Site protection instrument
Baseline information
Determination of credits
Mitigation work plan
Maintenance plan
Performance standards
Monitoring requirements
Long-term management plan
Adaptive management plan
Financial assurances
Other
For any "no", provide rationale on how the subject component(s) of the
compentatory mitigation plan will be addressed as special conditions or why no
special conditions are required: NA
3.0 Compliance with Other Laws, Policies and Requirements
3.1 Section 7(a)(2) of the Endangered Species Act (ESA)
3.1.1 ESA action area: Pamlico Sound
3.1.2 Has another federal agency taken steps to document compliance with Section 7of
the ESA and completed consultation(s) as required? Yes
If yes, identify that agency, the actions taken to document compliance with Section
7 and whether those actions are sufficient to ensure the activity(s) requiring DA
authorization is in compliance with Section 7 of the ESA:
USFWS and NOAA Marine Fisheries reviewed permit application
3.1.3 Known species/critical habitat present? No. The Corps has deten"M , .itioh IED
fulfilled its responsibilities under Section 7(a)(2) of the ESA.
Page 3 of 7
F E B 3 2020
KIP SECTION MHD
CESAW — RG-W /SAW-2020-00031
Effect determination(s), including no effect, for all known species/habitat, and basis
for determination(s): No Effect
3.1A Consultation with either the National Marine Fisheries Service and/or the U.S. Fish
and Wildlife Service was initiated and completed as required, for any determinations
other than "no effect' (see the attached "Summary" sheet for begin date, end date
and closure method of the consultation). Based on a review of the information
above, the Corps has determined that it has fulfilled its responsibilities under
Section 7(a)(2) of the ESA.
3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential
Fish Habitat (EFH)
3.2.1 Has another federal agency taken steps to comply with EFH provisions of
Magnuson -Stevens Act? Yes
If yes, identify that agency, the actions taken to document compliance with the
Magnuson -Stevens Act and whether those actions are sufficient to ensure the
activity(s) requiring DA authorization is in compliance with the EFH provisions:
NOAA Marine Fisheries reviewed permit application and plans and attended
scoping meetings
3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? Yes
3.2.3 If yes, EFH species or complexes considered: None encountered
Effect determination and basis for that determination: None
3.2A Consultation with the National Marine Fisheries Service was initiated and completed
as required (see the attached "Summary" sheet for consultation type, begin date,
end date and closure method of the consultation). Based on review of the above
information, the Corps has concluded that it has fulfilled its responsibilities under the
EFH provisions of the Magnuson -Stevens Act.
3.3 Section 106 of the National Historic Preservation Act (Section 106) NA
3.3.1 Section 106 permit area: The permit area includes NAthose areas comprising
waters of the United States that will be directly affected by the proposed work or
structures NA
Final description of the permit area: NA
3.3.2 Has another federal agency taken steps to comply with Section 10 , �' nal
Historic Preservation Act and completed consultation(s) as required?' "�
F E B 3 2020
Page 4 of 7
MP SECTION ftlf'r)
CESAW — RG-W /SAW-2020-00031
If yes, identify that agency, the actions taken to document compliance with Section
106 and whether those actions are sufficient to ensure the activity(s) requiring DA
authorization is in compliance with Section 106 of the NHPA:
USACE
3.3.3 Known cultural resource sites present and/or survey or other additional information
needed? NA
Basis for effect determinations) for all known site(s) and/or site(s) identified by a
survey: NA
3.3A Consultation was initiated and completed as required with the appropriate agencies,
tribes and/or other parties for any determinations other than "no potential to cause
effects" (see the attached "Summary" sheet for consultation type, begin date, end
date and closure method of the consultation). NA The Corps has determined that
it has fulfilled its responsibilities under Section 106 of the NHPA.
3.4 Tribal Trust Responsibilities
3.4.1 Was government -to -government consultation conducted with Federally -recognized
Tribe(s)? No
Provide a description of any consultation(s) conducted including results and how
concerns about significant effects to protected tribal resources, tribal rights and/or
Indian lands were addressed. NA The Corps has determined that it has fulfilled its
tribal trust responsibilities.
3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or
waived? A general WQC has been issued for this permit.
3.6 Coastal Zone Management Act (CZMA)
3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been
issued, waived or presumed? An individual CZMA consistency concurrence is
required and has not been issued, waived or presumed to date. A provisional
general permit will be verified for this activity. Yes CZMA issued
3.7 Wild and Scenic Rivers Act
3.7.1 Is the project located in a component of the National Wild and Scenic River System,
or in a river officially designated by Congress as a "study river' for possible inclusion
�i�n the system? No
"�C Iifye yessummarize coordination and the determination on whether activity will
adversely affect the Wild and Scenic River designation or study status. NA The
F E B 3 2020
Page 5 of 7
CESAW — RG-W /SAW-2020-00031
Corps has determined that it has fulfilled its responsibilities under the Wild and
Scenic Rivers Act.
3.8 Effects on Corps Civil Works Projects (33 USC 408)
3.8.1 Does the applicant also require permission under Section 14 of the Rivers and
Harbors Act (33 USC 408) because the activity, in whole or in part, would alter,
occupy, or use a Corps Civil Works project? No, the appropriate non -Regulatory
office has determined that there will be no effects to Corps Civil Works project(s)
that require permission from the Corps.
If yes, provide date permission is provided:
NA
4.0 Special Conditions
4.1 Are special conditions required to ensure minimal effects, protect the public interest
and/or ensure compliance of the activity with any of the laws above? Yes
If no, provide rationale: Permit Conditions
4.2 Required special condition(s)
Special condition: See Permit File
Rationale: File
5.0 Determination
5.1 Waiver request conclusion, if required or select N/A: N/A
5.2 The activitywill result in no more than minimal individual and cumulative adverse
effects on the aquatic environment and will not be contrary to the public interest,
provided the permittee complies with the special conditions identified above.
5.3 This activity, as described, complies with all terms and conditions of the permit
identified in Section 1.5.
PREPARED BY:
Date:
Enter name of PM who prepared document RECEIVED
REVIEWED BY:
Page 6 of 7 f EB 3 2020
Pop SECTIM] pxin
CESAW — RG-W /SAW-2020-00031
Date:
Enter name of appropriate level reviewer
APPROVED BY:
Enter name of appropriate level approver
a .CE-W D
F E S 3 2020
MP SECTION UND
Page 7 of 7
DCM Coordinator: 25) V\ —
Permit#:
k FRY44n 5-q ur/1
( oero r+ 14 4C)33D (
DCM Field Offices
Elizabeth City `(se, Washington (with revised work plan drawings)
Morehead City Oq Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Jordan Jessup (TBD)
Greg Curry (TBD)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at Em+ironmental.Review@nedcr.gov
Heidi Cox (WIRO)
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARO)
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
Rohl) Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Ilnover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARO)
Natural Heritage Program Rodney Butler
LPO:
(NCDOT) Travis Wilson
IN Mr-1
n';i ) it illl;l
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (8 applicable)
Mitchell Project
Applicant 1: First Name
MI
Last Name
Charles
Mitchell
Applicant 2: First Name
MI
Last Name
Allyson
Ehrlich -Mitchell
If additional applicants, please attach an additional page(a) w ith names 11SW
Mailing Address
PO Box
city
State
59 Hooksett Turnpike Road
Concord
NH
ZIP
Country
Phone No.
FAX No.
03301
USA
603.225-3209 ext.
- -
StreetAddress(fdryferent from above)
City
State
ZIP
Email
chsmdchell@yahoo.com
2, Agent/Conitractor Information
Business Name
Atlantic Environmental Consultants, Llc
Agent/ Contractor 1: First Name
MI
Last Name
Doug
A
Dorman
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
Stale
P.O. Box 3266
Kitty Hawk
NC
ZIP
Phone No. 1
Phone No. 2
27949
252 - 261 - 7707 ext.
252 - 599. 2603 ext.
FAX No.
Contractor ft
252 261 7707
Street Address (if diffemnt from above)
city
State
ZIP
Email
dougdaecQgmail.com
<Form continues on back>
RECEIVED
252-808.2808 .. 1 888-41RCOAST .. www.nccoasl:.Jn.+uaagement.net NOV 2 5 2019
DCM-MHD CITY
Form DCM MP-1(Page 2of 4) s�f''ceived APPLICATION for
OCT 2 3 1019 Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Dare
40175 CC Grey Road & 0 CC Gray Road
1244
Subdivision Name
CRY
Stale
Zip
None
Avon
NC
27915-
Phone No.
Lot No.(s) (# many, attach additional page with list)
603 - 225 - 3209 ext.
,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
;LM-
Pamlico Sound
c. Is the water body Identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Pamlico Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ONO
work falls within.
Dare County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.fl.)
450 linear feet
76.000sf
c.
Size of individual lol(s)
d. Approximate elevation of tract above NHW (normal high water) or
22,000 sf, 54,000af,
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
3'4 ❑NHW or ENWL
e.
Vegetation on tract
Live Oak, Red Cedar, Black Needle Rush, Spanine sp., Wax Myrtle, Chinese Privet.
f.
Man-made features and uses now on tract
Existing home and septic system. Rock rip -rap along shoreline of existing house property. Privacy fence on south property
line of existing house. There is an existing 4' x 80' section of an elevated wooden walkway.
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Residential properties adjacent to property.
h.
How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, If applicable)
Was []No ❑NA
J.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ENO
k.
Hasa professional archaeological assessment been done for the tract? If yea, attach a copy. ❑Yes ENo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ONO ❑NA
National Register listed or eligible properly?
<Form continues on next page>
RECEIVED
252-808-2808 .. 7-888-4RLOAST .. www.sic enastalman aye ment_ner 019
DCM.MHD CITY
Form DCM MP-1 (Page 3 of 4)
m. (i) Are there wetlands on the site?
(ii) Are there coastal wetlands on the site?
(III) If yes to either (I) or (li) above, has a delineation been conducted?
(Attach documentation, it available)
n. Describe existing wastewater treatment facilities.
Onsite conventional septic system
o. Describe existing drinking water supply source.
Public water supply
p. Describe existing atom water management or treatment systems.
None
APPLICATION for
Major Development Permit
®Yes ❑No
®Yes ❑No
❑Yes ®No
Receive
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublldGovernmeM
®PrivatelCommunlly
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The proposed bulkhead and rock rip -rap will provide shoreline stabalization for existing house. There are also 7 - 25 foot
vinyl groins proposed along the shoreline of both properties.
c, Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The bulkhead, groin pilings and sheathing to be installed hydraulically. After construction of bulkhead and groins the existing
rock rip -rap will be moved to the waterward side of bulkhead with an excavator. Additional rock rip -rap will be brought in
from outside source to complete rock rip -rap. The bulkhead will be backfilled to match existing grade around house using
small tractor. Excavator and tractor will be stored onsite during contruction.
d. List all development activities you propose.
Construction of 150 linear feet of vinyl bulkhead with two 49 return walls. 1 90'linear feet of rock rip -rap to be installed
waterward of proposed bulkead and around north return wall. 7-25 foot vinyl groins to be installed 50 feet apart along the
shoreline of both properties. Approximately 375 cubic yards of fill sand to be used for back fill of proposed bulkhead.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
I. Whet is the approximate total disturbed land area resulting from the proposed project? 5,850 ®Sq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yea ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Surface runoff.
I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA
j. Is them any mitigation proposed? []Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back> RECEIVED
252-I108-21108 .. 1-8011-4RCOAS I .. vww.nccoastalnurnagr.mr-nt.noVUV 2 5 2C19
I
DCM-MHD CITY
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application torn, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
Instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Dlvlslon of Coastal Management.
Name Scarborough, Farrow Hlers C/O Harvey Scarborough Phone No.
Address PO Box 347, Avon, NC 27915
Name Natalie Trunow Phone No.
Address 4015 Thomapple Street, Chevy Chase, MD 20815
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
GP36576A issued to David Plotsky 3124/04 Minor permit 2019-HI-10 Issued to Charles Mitchell 8/13/19
h. Signed consultant or agent authorization form, it applicable.
I. Wetland delineation, if necessary.
J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), it necessary. If the project Involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certlfication and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 10/7/19 Print Name _Doug Dorman, Consultant
Signature Received
Please indicate application attachments pertaining to your proposed project. K l 2
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development DCM-EC
®DCM MP-4 Structures Information llJJll�illrr
RECEIVED
252-808-280H .. 1-888.4RCUAS-1 .. www.nccoastalmanagement.netNOV 2 5 2019
DCM-MHD CITY
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Received
0Cl 2 9 2019
DCM-EC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated Include coastal wetlendsimarsh
(CM, 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 ❑None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SS
❑WL ❑None
(ii) Describe the purpose of disposal in these areas'
d. High -ground excavation in cubic yards.
®This section not applicable
b. Dimensions of disposal area.
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(d) If yes, how much water area is affected?
RECEIVED
NOV 9. s 2019
252-806.2808 :: 1.8884RCOAST :: www,nrcoastainianagementdiet revised: 12/26/06
DCM-MHD CITY
Fofm DCM Mi" c..avation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION ❑This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Tvoe of shoreline stabilization: b. Length: Bulkhead 150'. rock riprao 190'
®Bulkhead ®Riprep ❑Breakwater/Sill []Other : _ _ _
Width: Bulkhead 1' rock rip -rap 10'
c. Average distance waterward of NHW or NWL: Bulkhead 3', rock d. Maximum distance rraterward of NHW or NWL: 15'
rip -rap 12'
a. Type of stabilization material:
Vinyl, Rode rip -rap
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 225 of Riprap 1M
Breakwater/Sill _ Other _
I. Source of fill material.
Local mine site.
f. (1) Has there been shoreline erosion during preceding 12
months?
®Yes ❑No DNA
III) If yes, state amount of erosion and source of erosion amount
information.
1-W. Property owner observations.
h. Type of fill material.
Send
Received
O(:i 2,9 10014
DCM-EC
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the
If yes,
(11) Amount of material to be placed In the water 8 cubic yards
(III) Dimensions of fill area Varies total 5,8505f
(iv) Purpose of fill
Fill will be used to back fill bulkhead and bring up to existing
grade.
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Upon completion of the bulkhead backfll native beach grass will be
planted to stabilize new material.
c. (i) Will navigational aids be required as a result of the project?
❑Yes ®No DNA
(II) If yes, explain what type and how they will be implemented.
10 /7/19
Dale
Mitchell Project
Project Name
(1) Will fill material be placed In coastal wetlands/mersh (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 ®None
(ii) Describe the purpose of the fill in these areas:
What type of construction equipment will be used (e.g., dragllne,
backhoe, or hydraulic dredge)?
Small tractor and dump truck
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(il) It yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Authorized agent - Doug Dorman
Applicant Name
z2A,,:��RECE)y€p
Appllca Signature
NOV 2
252.808.2008 :: 1-808-4RCOASI' :: www.nccoastalmanngement.nol revised: 12126/06
DCM-MHD CITY
Form DCM MP-4
Received
OG 2 8 2019
STRUCTURES(Construction within Public Trust Areas) I�^' MEC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
[]Commercial ❑PublidGovernment ❑Private/Communlly
c. (g Dock(s) andlor piers)
(II) Number
(N) Length
(iv) Width
(v) Floating Dyes ❑No
e. (i) Are Platforms included? []Yes []No
If yes:
(II) Number _
(Ig) Length
(Iv) Width _
(v) Floating []Yes ❑No
Note: Rooted areas ere calculated from ddpime dimensions.
g. (i) Number of slips proposed
(II) Number of slips existing
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
[]Open water; no dredging required
❑Other; please describe:
k. Typical boat length:
m. (t) Will the facility have tie pilings?
❑Yes ❑No
(ii) If yes number of tie pilings?
®This section not applicable
b. (i) Will the facility be open to the general public?
[]Yes ❑No
d. (i) Are Finger Piers included? ❑Yes []No
If yes:
(it) Number
(!it) Length
(iv) Width
(v) Floating ❑Yes LINO
I. (I) Are Boatlifts included? []Yes ❑No
If yes:
(n) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ("wet slips") only, number of slips:
❑ Dry storage; number of boats: _
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
I. W Will the fadlily be open to the general publichECE I VED
❑Yes LINo
NOV 2 5 2019
DCM-MHD CITY
252-808-280b :: 1-888,4RCOAST :: www.nccoastaiu}:utageroent.ngt revised: 12127106
Forin DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets '� El Toilets for patrons; Number: ; Location: Received
❑ Showers
❑ Boalholding tank pumpout; Give type and location: NJ 2,3 701a
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?
)CM -EC
e. (i) Give the location and number of "No Sewage Discharge' signs proposed.
(h) Give the location and number of "Pumpout Available" signs proposed.
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Wherewith residue from vessel maintenance be disposed of?
In Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality.
J. What will be the marina policy on overnight and live -aboard dockage?
k. 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?
m. Is the marinatdocking facility proposed within a primary or secondary nursery area?
❑Yes ❑Nit RECEIVED
252.808-2808:: 11.888.414COAST :: www.nccoastalmanagement.net NQYv c : 12?!o8
DCM-MHD CITY
F6rm Di MP-4 (Structures, Page. 3 of 4)
n. Is the marina/doddng facility proposed within or adjacent to any shellfish harvesting area?
[]Yes []No
Is the mefinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAW shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. �j
❑CW ❑SAV ❑SB Received
❑WL ❑None
Oi: i 2 S i019
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. D C ii EC
3. BOATHOUSE (including covered has) ®This section not applicable
a. (!)Is the boathouse structure(s):
[]Commercial ❑PublidGovernment ❑PrivatelCommunity
(u) Number
(iii) Length
(Iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpiis, etc. It a rock groin, use MP-2, Excavation and Fill.) ❑This section not applicable
a. (1) Number 7
III) Length 25'
(iii) Width 1'
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, NWL or wetlands
B. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commerclal ❑PublictGovernment ❑Private/community
c Distanceto be placed beyond shoreline _
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
252-808-2808:: 1.888-411COAST :: www.nccoastaimonagornaat.net revised: 12Y27!00
Form DCM MP-4 (structures, Page 4 of 4)
a. Proximity of stfucturai to adjacent riparian property lines b. Proximity of simcture(s) to adjacent docking facilities.
15' to the north (Scarborough), 65' to the east (Turnow) 370'
Note: For buoy or mooring piling, use etc of swing Imiuding length
o/vessel.
c. Width of water body d. Water depth at waterward end of structure at NLW or NWL
20 miles -1_0'
e. (i) Will navigational aids be required as a result of the project?
[]Yes ®No []NA
(it) If yes, explain what type and how they will be Implemented.
& OTHER ®This section not applicable
a. Give complete description:
10/7/19
Date
Mitchell Project
Project Name
Charles Mitchell
Applicant Name
A plicant Signature
;received
N i 9 8 2019
DCM-EC
RECEIVED
NOV 8 5 2019
DCM-MHD CITY
252.808.2808 :: 1-888.4RCOAST :: www.nccoasstalmanagemont.not
revised: 12/27106
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•
CROSS SECTION A —A EXISTING CONDITIONS
SCALE: NTS
CROSS SECTION B—B PROPOSED SHORELINE STABELIZATION
SCALE: NTS
WHALER
FILTER CLOTH
5/8• BOLT W/ WASHER
GALVANIZED TYPICAL
e
s xs RECEIVED
SHEATHING LAPPED NOV 2 5 2019
OR TONGUE AND GROOVE
LJ DCM-MHD CITY
THIS CROSS SECTION IS TO BE USED FOR
PLANNING PURPOSES ONLY.
TYPICAL BULKHEAD CROSS SECTION
N.T.S.
THIS CROSS SECTION IS TO BE USED FOR
PLANNING PURPOSES ONLY.
TYPICAL GROIN CROSS SECTION
N.T.S.
PROJECT DETAILS -,..Y "` Y
CAMA MAJOR PERMIT ul. p2pp.32m
AVON — DARE COUNTY — NORTH CAROLINA ®I,IYi-EC
0'
ATG4NT/C DWSONYMI,,4L CONSULTANTS, LLC
GRAPHIC SCALE 1"=NTS P.O. BOX 31646 K/T7r114W,, N.C. 17949
(252)261-7707, a -moil dougdow0gma1/. com
FILE MITCHELL 2019 DATE: 9/30/19 REVISED:
ROY COOPER NORTH CAROLINA
Govemor Environmental QuaUty
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
January 6, 2020
Charles and Allyson Mitchell
chsmitchell@yahoo.com
Dear Mr. and Mrs. Mitchell,
This letter is in reference to the application submitted for a Coastal Area Management Act Major
Permit to undertake development activities to construct shoreline stabilization in Dare County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make March 1, 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
Doug Dorman, Atlantic Environmental Consultants LLC. (dougdaec@gmail.com)
North Carolina Department of Environmental Quality I DNision of Coastal Management
Morehead City Office 1 400 Commerce Avmue I Morehead City, North Carolina 28557
252.808.2808
Bodnar, Gregg
From: Doug Dorman <dougdaec@gmail.com>
Sent: Friday, December 13, 2019 5:32 PM
To: Carver, Yvonne
Cc: Bodnar, Gregg
Subject: [External] Re: FW: Mitchell Project
Attachments: Mitchell SAV Sample Points.xlsx; Mitchell Google Earth.pdf
Yvonne,
The SAV survey was done on August 28, 2019 as per NC Marine Fisheries sampling protocol suggested for permit
applications. Sheet 1 of 4 shows sample locations, size and water depths waterward of MHW. I have attached the data
from the SAV survey and an aerial photo of the project area. The project extends no further than 25 feet from shoreline
and samples were taken as far out as 50 feet from MHW. There was no SAV growth present in any of the proposed work
areas and the only sample areas that showed sparse SAV growth were located 40-50 feet from MHW at locations 5 &
9. There are some darker areas on the aerial photo that I was initially concerned about but these are turned out to be
old root mat from the eroding shoreline.
I hope this addresses any questions and concerns. If you need more information please let me know.
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
On Fri, 13 Dec 2019 at 14:12, Carver, Yvonne <vvonne.carver@ncdenr.gov> wrote:
Good afternoon Doug,
Curt Weychert, DMF Fisheries Resource Specialist, has requested further information about the SAV
survey that you conducted this summer. Please note his comments and questions below and
respond back to Gregg Bodnar and me as soon as you can. Once we receive your
reply/documentation, we can forward to the review agencies.
Thank you,
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 237
252-331-2951 (fax)
Yvonne. carver(a--)ncdenr.ciov
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: Weychert, Curtis R
Sent: Friday, December 13, 2019 10:57 AM
To: Bodnar, Gregg <gregg.bodnar(ancdenr.gov>
Cc: Carver, Yvonne <vvonne.carver(@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>
Subject: Mitchell Project
Gregg, the project narrative mentions that an SAV survey was done and that no SAV was present in the project
area. Would you mind reaching out to the applicant to clarify a few things:
1. Where was the surveyed area (dimensions of the surveyed areas waterward of MHW and along the shorelines of
which properties?
2. Was there any mapping produced or notes of the survey?
While there may not. have been any SAVs present in the direct project area, 7 groins along the property may still have
an affect on nearby SAV. Groins reflect and refract wave energy causing shoaling and washout. These groins also
affect sand movement and can either cover or remove existing SAV habitat based on wind, current, and other
environmental factors. Additional information would be helpful in estimating potential effects.
Thanks,
Curt
Curtis Weychert
Fisheries Resource Specialist
North Carolina Division of Marine Fisheries
North Carolina Department of Environmental Quality
252-808-8050
Curt.Weychertna ncdenr.gov
3441 Arendell Street
Morehead City, NC 28557
F
Mitchell Property
Shoreline Stabilization
Avon, Dare County, NC
Submerged Aguaitic Vegetation Sample Results
Sample Date: August 28, 2019
Sample Point
Bottom Type
Water Depth
SAV Density
1
Sand
1.5'
Absent
2
Sand
6"
Absent
3
Sand
1.2'
Absent
4
Sand
6"
Absent
5
Sand
1.2'
Sparse
6
Sand
6"
Absent
7
Sand
1.0'
Absent
8
Sand
6"
Absent
9
Sand
1.3'
Sparse
10
Sand
6"
Absent
• y -
Google Earth
O 20-18 Go -ogle
Bodnar, Gregg
From:
Brian King <brking.1959@gmail.com>
Sent:
Sunday, December 15, 2019 4:49 PM
To:
Bodnar, Gregg
Subject:
[External] Re: Contact for DCM
Attachments:
image001.png
Thanks Greg.
Per our conversation the other day December 12 when mailing the dredge permit for Blue Heron Bay please change
address on file to:
Brian King
108 Pelican Ct.
Newport, NC. 28570
Please feel free to contact me at 804-720-8392
Thanks
On Thu, Dec 12, 2019, 3:33 PM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote:
Afternoon Mr. King,
Per your request.
Thanks,
Gregg
❑"
1
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Charles Mitchell & Allyson Ehrlich -Mitchell
2. LOCATION OF PROJECT SITE: 40175 CC Gray Road and 0 CC Gray Road (SR
1244), Avon, Dare County, adjacent the Pamlico Sound.
Latitude: 35°21'10.01"N Longitude: 75°30'48.37'W
3. INVESTIGATION TYPE: CAMA & Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/18/19
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - 10/23/19
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP - Residential
(B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), Estuarine
Shoreline (ES)
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Septic system
Planned -None
(F) Type of Structures: Existing — Single-family residence, privacy fence,
riprap, wooden elevated walkway
Planned - Bulkhead, riprap, groins
(G) Estimated Annual Rate of Erosion: 1-6'
Source - Applicant
HABITAT DESCRIPTION: [AREA)
DREDGED FILLED DISTURBED
(A) Vegetated Wetlands
n/a
n/a
n/a
(B) PTA, EW AEC's
1,900 sf
(C) Estuarine Shoreline AEC
5,850 sf
(D) Total Area Disturbed: 7,750 sf (0.18 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA; HOW Open to shellfishing
8. PROJECT SUMMARY: Installation of seven, 25' vinyl groins, a vinyl bulkhead, place
riprap waterward of bulkhead, backfill, grade and plant beach grass.
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
Field Investigation Report: Charles Mitchell & Allyson Ehrlich -Mitchell
Page 2
Project Setting
The sites of the proposed development are at 40175 CC Gray Road and an adjacent vacant
lot at 0 CC Gray Road in Avon, Dare County, adjacent the Pamlico Sound. The property at
40175 has a single-family residence (SFR) with upper and lower decks, and a split -rail
fence. The vacant lot has an elevated, wooden walkway (80'x4') that is approximately 60'
from normal water level (NWL), and extends over to another residence (owned by Berendt
and Christy Johnson), which is located behind the Mitchell cottage. There is a privacy gate
at the Mitchell/Johnson property line. There is also an abandoned, dilapidated storage shed
in the middle of the wetlands on the vacant lot.
The combined shoreline of the two lots is ±450 Ift in length, and the two tracts total 76,000
sf. The elevation of the tracts range from 3' to 6' above NWL. There is ±130 Ift of riprap
sited allabove NWL along the shoreline of 40175, which was permitted through a general
permit in 2004. In the southwest corner of the vacant lot, vegetation included Sawgrass
(Cladium jamaicense), Big Cordgrass (Spartina cynosuroides), and non -coastal vegetation.
The sandy beach shoreline along the vacant lot is natural/unhardened, and the vegetation
above NWL (ranging from 20'-80' landward) included Salt Meadow Cordgrass (Spartina
patens), Big Cordgrass (Spartina cynosuroides), Black needle rush (Juncus roemerianus),
Atlantic White Cedar (Chamaecypans thyoides), Bayberry (Myrica cerifera), and other non -
coastal vegetation. It is noted that a canal off of the Pamlico Sound runs behind several lots
to the north of the project sites.
The applicant has reported that the properties have experienced 1' to 6' of erosion over the
last year. Renters present at the residence on 10/18/19 noted that a recent storm that hit
the area on October 16'1 produced a high tide event, causing the Sound to cross over the
existing riprap and come close to the pilings of the deck/porch. During the site visit on the
181h, there was notable upland escarpment landward of the riprap and around the
deck/porch of the residence.
The adjacent riparian property to the south has a bulkhead and riprap shoreline, as well as
a SFR. The adjacent riparian property to the north is a vacant lot with a natural shoreline
and coastal and non -coastal wetland vegetation.
The Pamlico Sound is classified as Coastal Waters, and is in the Pasquotank River Basin.
The Environmental Management Commission's water classifications for this tributary are SA
and High Quality Waters (HOW). The area is open to shellfishing. The water depths
adjacent to the project site range from -0.5' to -1.5' below NWL at the project site.
RECEIVED
NOV 252019
DCM-MHD CITY
Field Investigation Report: Charles Mitchell & Allyson Ehrlich -Mitchell
Page 3
Development Proposal
The applicants propose to construct 150 Ift of vinyl bulkheading along the shoreline of
40175 CC Gray Road and relocate existing riprap waterward of the new bulkhead.
The south side of the proposed bulkhead alignment will start next to the return wall located
along the property line, and extend to the northern property line of 40175. A 40' return wall
will be constructed along both the north and south ends of this alignment. This proposed
alignment averages T waterward of NWL with a maximum distance of 5'.
Upon bulkhead completion, the existing riprap will be relocated on the waterward side of the
bulkhead. Additional riprap will be added, creating a new riprap alignment measuring 190 Ift
x 10' in width that will connect with the southern riparian property's existing riprap structure
and extend north to the bulkhead return. where will it will turn landward 40'.
The estimated amount of fill material for these erosion control structures that would be
placed in the water is ±8 cubic yards. The estimated area of backfill and grading for the
bulkhead is ±5,850 sf. Native beach grass will be planted after the completion of the
bulkhead.
For additional shoreline stabilization, the applicants' proposal also includes the construction
of 7 vinyl groins; two will be installed in front of the SFR, and the remaining 5 will be
installed along the adjacent parcel. The groins will each measure 25'x1', and will be spaced
at 50' apart on each shoreline.
Anticipated Impacts*
The installation of the bulkhead, riprap and groins will result in the filling of ±1900 sf of
Estuarine Waters and Public Trust AEC's.
The construction of the bulkhead along the proposed alignment will result in the placement
of ±8 cubic yards of fill material below NWL.
Bulkhead installation, backfill and grading will result in ±5,850 sf of land disturbance within
the Estuarine Shoreline AEC.
*It is noted that the sf submitted for review was calculated with the AUTO CAD program.
Submitted by: Yvonne Carver
Date: 11/8119; rev. 11/21/19
RECEIVED
NOV 252019
OCM-MHD CITY
PROJECT NARRATIVE
Mitchell Project
October 7, 2019
Project Description:
Received
OCi 23 2019
DCM-EC
The subject properties are located at 40175 CC Gray Road in Avon, Dare County, North
Carolina. One lot is undeveloped and the other has an existing single family residence
with rock rip -rap along the shoreline.
The proposed project will provide additional shoreline stabilization for the existing house
and undeveloped lot. 150 linear feet of vinyl bulkhead with two 40 foot return walls will
be installed to help stabilize back fill. The existing rock will then be moved waterward of
the new bulkhead and additional rock will be added. The proposed bulkhead will be
backfilled and graded to match existing grade at the house. Upon completion of the
backfill native beach grass will be planted to help stabilize the new fill material. In
addition; 7 - 25 foot Vinyl groins are being proposed every 50 feet along the shoreline of
both properties for additional shoreline stabilization.
Construction Sequence:
• Install vinyl bulkhead waterward of existing rock rip -rap.
• Construct vinyl groins.
• Move existing rock rip -rap waterward of bulkhead and add additional rock.
• Backfill bulkhead and grade.
• Plant beach grass.
Submerged Aquatic Vegetation (SAV) Analysis:
An SAV (subaquatic vegetation) survey was conducted on 8/28119 by Doug Dorman of
Atlantic Environmental Consultants, LLC. There was no SAV growth in the location of
the proposed work areas.
Wetland Delineation:
There are wetlands located on both properties and there are no wetland impacts or work
being conducted in wetlands, therefore, the wetlands have not been delineated. The
property with the existing house has a small area of wetlands located in the south west
corner near CC Gray Road. The vacant property has uplands that extend landward 50'
to 100' from the shoreline. The drawings show the approximate location of the wetlands
on both properties.
Construction Techniques:
The bulkhead and groins will be installed hydraulically. The remaining construction will
be done by hand using conventional framing techniques. An excavator will be used to
move existing and new rock rip -rap waterward of the proposed bulkhead. A dump truck
and small tractor will be used to distribute back fill material for bulkhead and grading
landward.
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
DETAILS FOR PROJECT:
Proposed impacts within Public Trust Waters:
Rock rip -rap 150' x 10'...................................................... 1,500 square feet
Bulkhead backfill.................................................................. 225 square feet
7 Groins 1' x 25....................... ............................................... 175 square feet
Total: 1,900 square feet
Proposed impacts within the 75' AEC:
Bulkhead backfill area and grading ...................................... 5,850 square feet
Received
OCl 2 9 1019
DCM-EC
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
AUTHORIZATION TO ACT AS REPRESENTATIVE FORM
Property Legal Description:
DEED BOOK: 2055 & 2287 PAGE NO: 0323 & 023G
PIN NO: 063020913583 & 063020914730.
STREET ADRESS: 40175 CC Gray Road
Please Print:
Property Owner: Charles & All soft Mitchell
Property Owner:
The undersigned property owners of the above noted property, so hereby authorize
Dmg Dorman _of Atlantic Environmental Consaltants,_LLC_to,
(Contractor/Agent) (Name of consulting firm)
I. Act on my behalf and take all actions necessary for the processing, issuance and
acceptance of permits and/or certifications and any all standard and special
conditions attached.
2. Enter the property to obtain site information including inspections with regulatory
agencies (Dare County, North Carolina Department of Environmental Quality,
U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or
certifications.
Property Owners Address (if different than properly above):
Property Owners Telephone Number: 304-687-1509
the above infornation submitted in this application is true and
and
Date: I T
Received
DC 2 3 7.019
DC M-EG
OA Al"
"tom d�
AuthorizA4 Signature and Title
C,0 1
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
■ Complete Items 1. 2. and 9,
■ Print your name and address on the revelso
so that we can retorn the card to you.
■ Attach this card to the back of the mailplece,
or on: the front If space pennds,
1. Article Addrassadto: -�-
N/�-T,�;� T�cnbGv
s�-
C/fEvy C/,Sg9S -.Ui n.
9590 9402 4600 8278 4822 90
7018 3090 0001 5433 9683
PS Form 3811, July 2015 PSN 7530-02-000-9053
• Complete Items 1, 2, and 3.
■ Print your name and a ress on the reverse
so that we can return t card to you.
■ Attach this card to the ck of the mailpiace,
or on the front if space rmits.
-1. Article Addremedtoi
�r rl i
♦ t�
9590 9402 4600 8278 4823 06 c
2. AMclo! Number (rneri hem sarylca label ❑
7018 309D 0001 5433 9690 3
PS Form 3811, July 2015 PSN 7530-02-000-9053
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X . Q Agent
' Ei Adtlresses
6. mwfl—ilb anted Name) 10. Date of Delivery
D. is delivery eddress d from Rem 14 ❑ Yes
If YES, enter delivery e= below: 0 No
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RECEIVED
NOV 2 5 Z019
DCM-MHD CITY
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261-7707 Phone/Fax
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
October 7, 2019 Receive
LEI
Natalie Trunow D ME C
4015 Thornapple Street
Chevy Chase, MD 20815
Dear Ms. Trunow,
The owners of the adjacent properties are applying for a CAMA Major permit to install a
bulkhead, rock rip -rap and groins on the Pamlico Sound. The specifics of the proposed work are
in the enclosed application and drawings.
As the adjacent riparian property owner to the aforementioned project I am required to notify
you of the development in order to give you the opportunity to comment on the project. Please
review the attached permit application and drawings.
Should you have any objections or comments concerning this project, please send your written
comments to Ron Renaldi, District Manager, Elizabeth City Regional Office, 401 South Griffin
Street, Suite 300, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such
Comments will be considered by the department in reaching a final decision on the application.
No comments within 30 days of your receipt of this notice will be considered as no objection. If
you have any questions on this project please call me at 252-599-2603, or e-mail me at
dougdaec@gmail.com
Sincerely,
Dougborman
SIGNATURE
DATE
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261-7707 Phone/Fax
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
October 7, 2019
Harvey Scarborough
PO Box 347
Avon, NC 27915
Dear Mr. Scarborough,
The owners of the adjacent properties are applying for a CAMA Major permit to install a
bulkhead, rock rip -rap and groins on the Pamlico Sound. The specifics of the proposed work are
in the enclosed application and drawings.
As the adjacent riparian property owner to the aforementioned project 1 am required to notify
you of the development in order to give you the opportunity to comment on the project. Please
review the attached permit application and drawings.
Should you have any objections or comments concerning this project, please send your written
comments to Ron Renaldi, District Manager, Elizabeth City Regional Office, 401 South Griffin
Street, Suite 300, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such
Comments will be considered by the department in reaching a final decision on the application.
No comments within 30 days of your receipt of this notice will be considered as no objection. If
you have any questions on this project please call me at 252-599-2603, or e-mail me at
dougdaec@gmail.com
Sincerely,
l
Doug Dorman
SIGNATURE
DATE
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
Bodna
From:
Doug Dorman <dougdaec@gmail.com>
Sent:
Wednesday, November 20, 2019 11:33 AM
To:
Natalie T
Cc:
Carver, Yvonne; Bodnar, Gregg; Charles Mitchell
Subject:
[External] Re: Proposed bulkhead project
Sounds good. Glad it worked out.
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
On Tue, 19 Nov 2019 at 17:36, Natalie T <ntrunow@vahoo.com> wrote:
All,
mtw� ?►;;irk
GV( j b�
A. -Fnaou✓
I have discussed my concerns with Charles and we agreed to the following (Charles, please feel free to correct me if I
am wrong):
- the new bulkhead and return wall will be constructed in a way where they tie into my existing bulkhead and return
wall without compromising their structural integrity. The process and methods of construction and tie-in will be shared
and coordinated
- the return wall will be built to a hight similar to my current bulkhead at the water's edge and will gradually decline to
grade level corresponding to Charles' current grade level (grassy area north of the fence). The new enclosed area will
be filled in, tamped down and graded on both sides of the return wall to prevent further erosion. I will pay for the
soil/sand fill for my side of the property line and Charles will pay for labor. The area that will need to be filled in will be
determined once Charles knows the hight of the return wall (taller wall will require a larger area to be filled in)
- any other issues arising from the project that may impact my property will also be shared/discussed/coordinated
As such and provided we adhere to the above, I have no objections to this project.
Best,
Natalie Trunow
40173 CC Gray Road Avon NC 27915
Bodnar, Gre
From:
Natalie T <ntrunow@yahoo.com>
Sent:
To:
Tuesday, November 19, 2019 9:03 AM
Carver, Yvonne; Bodnar, Gregg; Howell, Jonathan
Subject:
[External] Re:40173 CCGray rd Avon
I Nil ovi
Vim+
ail. Dohot click links or open attachments unless you ven
Hello Yvonne,
I am resending my earlier email and including the two gentlemen you copied on our communication previously.
I am also including the photo I sent you yesterday showing the property line and area currently under water.
Please treat this as my objection letter/email. If I need to file something separately, please let me know.
In my prior communications, I was trying to address my concerns related to this portion of the rules:
"the bulkhead alignment will not adversely impact... the property of adjacent riparian owners"
I expressed concern about:
1. potential weakening impact to my bulkhead and/or return wall structure due to new structure/returning wall being
tied into it
2. erosion on my side of the new proposed return wall and need to fill in my side of the property along the proposed
return wall of the bulkhead on the north side of my property.
3. Enclosing a very large area currently underwater
Remediation of both of these issues (1 & 2) will involve considerable financial cost.
Are you able to respond to those concerns?
Separately, during my conversation with Mr. Bodnar I understood that your office will be requesting information about
proposed hight of the proposed bulkhead. If so, or if you are getting new information on the proposal, would you please
share it with me as it comes in? I really appreciate that.
Thank you for your time.
Best,
Natalie
On Nov 18, 2019, at 12:22 PM, Natalie T <ntrunow@yahoo.com> wrote:
Hello Yvonne,
Could you please let me know if the section to the right of the red line is what is being proposed to be
bulkheaded? Could you also please let me know what your agency allows to be bulkheaded? Thank you.
<IMG_2596.jpg>
Best,
Natalie
Bodnar, Gregg
From: Carver, Yvonne
Sent: Wednesday, November 13, 2019 9:00 AM
To: Natalie T
Subject: RE: 40173 CC Gray Road; Mitchell proposal at 40175 CC Gray Road, Avon
You are welcome Ms. Trunow,
However, as we discussed previously, you must submit your reasons for concerns/objections in
writing to the Division of Coastal Management. Once our office receives that correspondence, we will
forward it to our Major Permits staff in Morehead City for their review.
Thank you,
vVen to
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 237
252-331-2951 (fax)
yvonne.carver(a-)ncdenr.gov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Natalie T [mailto:ntrunow@yahoo.com]
Sent: Tuesday, November 12, 2019 8:56 PM
To: Carver, Yvonne <yvonne.carver@ncdenr.gov>
Subject: Re: [External] 40173 C C Gray road
Hello Yvonne,
Thank you for this.
For many reason I discussed with you, I object to the bulkhead extending waterward beyond the current fence
length.
Best,
Natalie
On Nov 8, 2019, at 5:33 PM, Carver, Yvonne <vvonne.carverkncdenr.gov> wrote:
Ms. Trunow,
The drawings submitted by the consultant were amended to show the existing fence on
40175 CC Gray, the existing walkway on the vacant parcel, as well approximate
wetlands on the vacant parcel. I have scanned these plats into a pdf file, and a copy of
that is attached for your review. To answer your question left on my voice mail about the
location of the bulkhead in relation to your property, as well as the existing fence, it is
clearly shown on the plats. It's easier to see on Sheet 3 of 4.
I am also attaching the narrative and major application forms for your information. The
only change was on the narrative. As you will note on page 2 of 3 of the MP2
application form, the height of the bulkhead is not required, and therefore I cannot tell
you the proposed height. I would suggest you contact Mr. and Mrs. Mitchell directly with
that question, or contact his consultant. .
Respectfully,
`i "MW
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 237
252-331-2951 (fax)
yvonne.carver aC)ncdenr.gov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
Email correspondence to and from this address is subject to the
North Carolina Public Records taw and may be disclosed to third parties.
From: Natalie T [mailto:ntrunow@yahoo.com]
Sent: Wednesday, November 6, 2019 12:38 PM
To: Carver, Yvonne <vvonne.carver@ncdenr.eov>
Subject: Re: [External] 40173 C C Gray road
Hello Yvonne,
I spoke to your colleague as you suggested and he said I should talk to you about the bulkhead
permit proposal along my Northern property line at 40173 cc Gray Rd.
It is my understanding based on my conversation with him and yourself that the application is
not complete in terms of the information regarding the height of the bulkhead, positioning
relative to the current fence etc.
As such, could you please let me know if you're requesting an updated version of the proposal?
My number is 862-250-0142.
Thank you very much.
Best,
Natalie
2_
Recorded: 10/28/2015 04:5458 PM
DARE gut [STa11 BY: Shares Wilder
COUNTY ' ' .ai- TruaSrfx Tax Vanzona McMiumn.R e, NC of Deeds
T Dare County, NC
o9s�P-is syy��
Fee And 329.00 NC Excise Tar $90a 00
p��r �i�,;•;;• TIX BOOK 2055 PAGE 323 (2)
Nn.._31��,IpS r r 6 4 Be 2 IIIIIIIINIIIIIIII��
LT
M
Land Transfer S__ _
Excise Tax: S — `� This instrument should be mailed to the prepares:
- 0 Dixon & Dixon Law Offices, PLLC; P.O. Box 750. Avon, NC 27915
Ilnquent lees, If any, srw�p he paid by the Clothes attorney to the County Tax Collector upon disbursement of chains proceeds.
��(( Brief Index Description: 1.ot 2, Miller Division
Parcel Identifier Number. OI44390003 File Number: MITPLO01-0915
NORTH CAR4.INA GENERAL WARRANTY DEED
THIS WARRANTY DEED is made this 'WdAy of October, 2015 by and between:
D�YVM F. PLOTSKY
end Wife, NANaY N. PLOTSKY
3332 4�psda St. NW
Washita", DC 20015
(hereinafter referred to in the neuter singular as "the Granto1�tnd
CHARLES A. NA CHELL
and Wife, ALLYSON EHRH-MITCHELL
59 Hooksett Turnp Road
Concord, NH 03301
(hereinafter referred to in the neuter singular as "the Grantee")
G
W ITNESSETH, that the Grantor, for a valuable consideration paid by the Gr.n4, tnthe receipt of which is hereby acknowledged, has
and by these presents does hereby give, grant, bargain, sell and convey unto thi�pw`qn•tce, Its hews, successors, administrators and
assigns, all of that certain lot or parcel of land situated in the Village of Avon, Ki Cet Township of said Dare County, North
Carolina, and more particularly described as follows:
Lot number 2 as shown on a map or plat of the three lot division drawn by W. M kins, )a & Associates, Ina
for William Bembm Miller, Floyd D. Miller, Earl T. Miller, Elton G. Miller record Plat Cabinet E, Slide 39
at the Dare County Registry. 10
0
The property herein described was acquired by the Grantor by (Iced recorded in Book 1225 at Page I0(,Ulthe Public Registry of Dare
County, Y�
A map showing the above described properly is recorded in Plat Cabinet E, Slide 39, in the Public Registry OO4D�XXre County.
l'
TO HAVE, AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee sunpie.
RECEIVED
NOV 2 5 2019
Book 2066 Page 32gM-MHD CITY
Tfor covenants with the Cruise that Grantor is teizad of the promises in fee simple, hm the right to convey the same in fee
sit tide is nurketsble and free and clear of all encrrmbrartccs, and that Grantor will wamnt and defend the title against the
lawful a�dau of all peraoos whomsoever except for the following exceptions:
1. 0 Ad Volmem tna for 20l5 and all subsequent yews.
2. rSobjat to any easements and restrictive covenants as may appear of word in the Public Registry of Dare County.
This pmperty dos mbCrxtude the primary residence, of the Grantors. (per NC CS § 105-317.2)
IN WITNESS WNEREOIY.Ihe Orator has hereunto set his hand and wl.
DAVID F. PLOTSKY
G �DnKY -(SEAL)
NANCY N. P KY
O�v�,
STATE OF (•%L"5" COUNTY
1, a Notary Public of the County and Sax eform.. r•J,W ismumfy that DAVID F. PLOTSKY, Grantor personally appeared befomge this
day and acknowledged the execution of the foregoaLndnen4 Wimess my hand and official sump or seal, this '7C day of
October, 2015. PPPPP''N"
...uwuv,.
N
My Commission Expires: It 1 2 Or c, 0r )e.'•, p
_0;_ db{j o. _
OIA\' ;Y�..\\\\�\
Notary Public
STATE OF COUNTY
1, a Notary Public of the County and Slate aforesaid, certify dot NANCY N. P SKY, Grantor personally appeared before tole this
day and acknowledged the emotion of the foregoing instru rent. Witness my and official stamp or eeal, this 24 /;6y of
October, 2015.
%pl �t���rtgbrr// �j•
MY Commission Expires:
\\
�L \\\\\\\Nry.
;O /', ........t70 �% Notary
..0j) 0 f
•y
6:aC=
10N O� �%
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
Book 2055 Page 324
Recorded: 03/04/2019 01:08:04 PM
BY: CLAUDIA HARRINGTON
61 Cheryl L. Howe, Regrata of Deeds
Dare County, NC
Fee Amt $26,00 NC 6tdsa Tms: f280.00
Y'
0 BOOK 2287 PAGE I236 (■■■p3)
DARE C REAL ESTATE 700061118 IIIIIIIII Illl�lltl
COUNTY TRANSFER TAX
ET 0
s� o
LT N 648 19
I and Transfer $1400.
ifx vise Tax: $280.00 r]
This instrument should be mailed to the preparcr.
,. , Dixon & Dixon Law Offices, MUC; P.O. Box 750, Avon, NC 27915
Delinquenttun,ifany. , o be paid by the clorlag atloney tothe County Tax Collator upon disbursement of closing proceeds.
T�C � Brief Index Description 0CC Grey Road
parcel Identifier Number: 014439001 File Number: MITBENO I.I I 18
NORTH
THIS WARRANTY DEED is made this 2(raMay of February, 2019 by and between:
D E. BENNETT
and Wife, M VJANETUTZAUER
P.O.*Pi 696
Avon,*C 27915
(hereinafter referred to in the neuter singular as "the
CHARLES ATCHEI
and Wife, ALMON EHkWICH.M
59 Hooksett Toll 41 ee Rd
Concord, NH 03301`
(hereinafter referred to in the neuter singular as "the Graeber"): A
WITNESSETH, that the Grantor, for a valuable consideration paid by the Gee, the receipt of which is hereby acknowledged, has
and by there presents does hereby give, grant, bargain, sell and convey unto the GnpMc, its heirs, successors, administrators and assigns,
If of that certain lot or parcel of land situated in the Village of Avon, Kinnakeet �6hip of said Dare County, North Carolina, and
more particularly described as follows: see attached Exhibit A.
RECEIVED
NOV 2 5 2019
,.,s,`A-MHD CITY
Book 2287 Page 236
O��v
Thebrboerty herein described was acquired by the Grantor by judgment recorded in Book 2226 at Page 410, In the Public Registry of
Date, tCgq ".
A map sholI the above described property is recorded In Plot Cabinet I, Slide 374, in the Public Registry of Dam County.
TO HAVE A1ND TO HOLD the afmsaaid lot or parcel of land and all privileges and appurtenances therto belongginto the Grantee in
fee simple. V
O(
The Grantor covenand r ,It the Grantee that Grantor is seized of the pr misu in fee simple, has the right to convey the same in fee
simple, that title is mar *1c and Tice and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all personalwmsoever except fm the following exceptions:
I. Ad Valorem;Jtum for 2019 and all mbsequcat years.
2. Subject to any mi,Cta and restrictive covenants a may appear of record in the Public Registry of Dare County.
This property does not Include the pC.lgory rs ldence of the Grantom. (per NC GS§ 105-317.2)
IN WITNESS WHEREOF, the Grantor has to ad his hand and seal.
r CH ENNETT
(SEAL)
C3 MARY
STATE OF e Ti�M,.� COUNTY
I, a Notary Public of the County and State aforesaid, certify that AAD E. BENNE17 and MARY JANE TUTZAUER, Grantor
personally appeared before me this day and ackmwledged the execution of the foregoing instrument. Witness my hand and official
stamp or an], this 2 iiFi day of 2019.
MY Commission Expires:tl\p\�`h131uR. D�yr/ii O\(v
OINoC'. T.\• •'O� K�btary, Public
CueL1!:etij �n\�
v
O^^
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
Book 2287 Page 237
'ems. EXHIBIT A
CBE616NG AT A POINT marked by an existing iron stake, which existing iron stake marks the northeast comer of that
propev now or formerly, owned by Chad Bennett and Mary Jane Tutrauer (referencing Plat Cabinet E. Slide 39, and Deed
Book 19A Page 185, in the Dare County Public Registry) and which existing iron stake is designated as Point "A" on the
plat refer,1 below; thence from said existing iron stake and POINT OF BEGINNING and running North 640 14' 14"
West 109. . eat to an existing iron stake, which existing iron stake marks the northwest comer of that property, now or
formerly, owned b Chad Bennett and Mary Jane Tulrauer (referencing Plat Cabinet E, Slide 79, and Deed Book 1948,
Page 185, in the Z(1e County Public Registry) and the northeast comer of that property, now or formerly, owned by Charles
A. Mitchell and AltYspn Ehrlich (Plat Cabinet F., Slide 19, and referencing Deed Book 2055, Page 323, of the Dare County
Public Registry); thCee �+�iYod running North 64° 14' 14" West 99.99 feet to a set iron stake; thence running North 64° 14' 14"
West 65.83 feet to a �Attcntt set in the Pamlico Sound, which point marks the northwest comer of that property, now or
formerly, owned by Cha% A. Mitchell end Allyson Ehrlich (Plat Cabinet E, Slide 39, and referencing Deed Book 2055.
Page 323, of the Dare CcmlitKPublic Registry); thence cornering and running North 081 26' 05" East 299.78 feet to a point;
thence comering and running South 610 0T 30" hest 94.36 feet to a set iron stake; thence running South 610 07' 30" East
137.16 feet to an existing concrete monument, which existing concrete monument marks the northwest comer of that
property, now or formerly, ownetty John Sitz, Jr. (referencing Deed Book 1938, Page 5, of the Dare County Public
Registry) and which existing conerel� monument is designated as Point "B" on the plat referenced below; thence comering
end running South 01° 24' 47" West®9.72 fear to the existing iron stake and POINT OF BEGINNING, containing 1.64
acres, as described and delineated on lhaQt Iat entitled in part, "Survey For Chad F. Bennett & Mary Jane Tutzauer —
Unknown Owner — Conflict John H. Si(�a Chad E. Bennett and Wife," dated December 6, 2017, prepared by Freddy D.
Rankin, Professional Land Surveyor, which& is recorded in Plat Cabinet 1, Slide 374, of the Dare County Public Registry,
and which plat is incorporated herein by mfe)enfe.
There is also conveyed herein that 31
here conveyed to C.C. Gray Road as
There is hereby reserved unto the Grantor, an easement
map or plat of the three lot division drawn by W. M. Mi
purpose of ingress, egress and regress to and from the property
t Mail of Easement described in Deed Book 2282 at Page 382.
Din Lot Number 3, as Lot Number 3 is described on that
& Associates, Inc. for William Bembra Miller, Floyd D.
Miller, Earl T. Miller, Elton G. Miller and recorded in Plat Cabinet F., Slide 39 of the Dare County Register, to the Pamlico
Sound, for purposes of pedestrian ingress, egress and regress, and for use of the sandy beach situated on the property here
conveyed. Said Easement is more particularly described as follows inning at a point, located in the boundary of Lo13
and the lands herein conveyed, said point lying South 64 Degrees, 14 MOutes, 14 Seconds East 35 feet from the Northwest
comer of Lot Number 3, thence from said point of beginning North 64 [jQmes 14 Minutes 14 Seconds West approximately
145 feet to the mean high water mark of the Pamlico Sound, thence m n ring with the mean high water mark of the
Pamlico Sound in a generally Northerly direction forty feet, more or less, t , taint, thence South 64 Degrees 14 Minutes
14 Seconds East 145 feet, more or less, to a point, thence South 1 Degree 24(IWinutes 47 Seconds West forty feet to the
point or place of beginning. Said easement shall run with the land, to the benefit 11�l 3, its owners, successors and assigns,
in perpetuity. Y%
d
n EiE°f `IVG'
%
�Gn
RECEIVED
NOV 2 b 2t19
DCM-MHD CITY
Book 2287 Page 238
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Charles & Allyson Mitchell
59 Hooksett Turnpike Road
Concord, NH 03301
Dear Mr. & Mrs. Mitchell
NORTH CAROLINA
Environmental Quality
November 25, 2019
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval to install seven 25' vinyl groins, a vinyl bulkhead, place riprap waterward of
bulkhead, backfill, grade and plant beach grass located 40175 CC Gray Road and 0 CC Gray Road,
Avon in Dare County. It was received complete on October 23, 2019 and appears to be adequate
for processing at this time. The projected deadline for making a decision is January 6, 2020. An
additional 75-day review period is provided by law when such time is necessary to complete the
review. If you have not been notified of a final action by the initial deadline stated above, you
should consider the review period extended. Under those circumstances, this letter will serve as
your notice of an extended review. However, an additional letter will be provided on or about the
75th day.
If this agency does not render a permit decision within 70 days from October 23, 2019, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted
at the property of your proposed development. You should post this notice at a conspicuous point
along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your
property, or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
RECEIVED
North Carolina Department of Environmental Quality I Dlvlslan of Coastal Management NOV 2 5 2019
Elizabeth City Office 1401 South Griffin Street Suee 3001 Elizabeth City, North Ovollns Z"
252.264.3901
DCM-MHD CITY
Charles & Allyson Mitchell
November 25, 2019
Page 2 of 2
An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact Yvonne Carver, Field Representative,
if you have any questions and or if you wish to receive a copy of her field report.
Sincerely,
Ron Renaldi
District Manager, Northeastern District
NC Division of Coastal Management
RR/eg
Enclosure
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC
Yvonne Carver, Field Representative, DCM, Elizabeth City, NC
Doug Dorman, Atlantic Environmental Consultants, LLC, Kitty Hawk, NC
RECEIVED
NOV 2 5 2019
DCMAWD CITY
NOTI(04'011J
CAMA PERMIT
APPLIED FOR
PROJECT: Install seven 25' vinyl groins, a vinyl
bulkhead, place riprap waterward of bulkhead, backfill,
grade and plant beach grass
COMMENTS ACCEPTED THROUGH December fe 2019
APPL (CANT;
Charles & Allyson Mitchell
59 Hooksett Turnpike Road
Concord, NH 03301
603-225-3209
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW.
Yvonne Carver
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
252-264-3901, ext. 237
ROY COOPER NOR I CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Sezretary
BRAXTON C. DAVIS
DMertor
EMAIL MEMORANDUM
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
legals(cbthecoastlandtimes. net
FROM: Ella Godfrey
DATE: November 22, 2019
SUBJECT: Public Notice: Charles and Allyson Mitchell
Please publish the attached Notice in the Wednesday, November 27, 2019 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 Jessica Gibson, 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
Tricia Smith, PIO, DMF, Morehead City
Jessica Gibson, Business Officer, DCM, Morehead City
File
DEQ
RECEIVED
North Carolina Department of Environmental Quality I Division of Coastal Management NOV 2 5 2019
Lluabeth City Office; 401 South Griffin Street, Suite 30011 Elizabeth City. North Carolina 27909
252.264.3901
DCM-MHD CITY
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an AEC as
designated under the CAMA was received on 10/23/19. Charles and Allyson Mitchell
propose to install seven 25' vinyl groins, a vinyl bulkhead, place riprap waterward of
bulkhead, backfill, grade and plant beach grass, located at 40175 CC Gray Road and 0
CC Gray Road, Avon in Dare County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-
3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM,
400 Commerce Avenue, Morehead City, NC 28557, prior to 12/17/19, 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: Wednesday, November 27, 2019
'DI PE W
RECEIVED
North Carolina Department of Environmental Quality I Division of Coastal Management
E117aheth City Office 1401 South Griffin Street, Suite 3001 Unbeth City, North Carolina 27909 NOV 2 5 2019
252264.3901
DCM-MHD CITY
`"'This is a word processing form to be completed in Microsoft Word —
NC Division of Coastal Management
Major Permit Application Computer Sheet
(1110112012)
Applicant:
Project Site County Dare
Project Name: Mitchell project
Date of Initial application submittal (EX' 1/&/2007): 10,23/19
Date application "received as complete" in the Field office (EX., 1/&2007): 1023119
PermitAuthorization: EICAMA Dredge & Fill OBoth
SITE DESCRIPTION/PERMIT INFORMATION
PNA: Yes ONO
Photos Taken: Yes® NO[]
Setback Required (dpadan): Yes
No
Critical Habitat Yes NNo Not Sure
15 foot waiver obtained El Yes Silo
Hazard Notification Returned:
❑Yes ®No
SAV: Yes NNo LJNotSure
Shell Bohom: Yes ONo C1 Not
Temporary Impacts: ®Yes ❑No
Sure
Sandbags: El Yes Milo ❑ Not Sure
Did the land use clessification come from
Mitigation Required (optional):
county LUP: ®Yes []No
[]Yes ®No
Moratorium Conditions: Yes No
Environmental Assessment Done:
®NA
[]Yes []No ®NA
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
High Quality Waters (HQW) I U Outstanding Resource Waters (ORW)
WETLANDS IMPACTED�WA
(404) Corp. of Engineers (Jurisdictional
0 (LS) Sea lavender (Ltmonium sp.)
0 (SS) Glasswort ( Salicomie sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
0 (SA) Salt marsh cordgrass (Spartina
El (SY) Salt reed grass (Spartina
altemi0ora)
cynosuroides)
El (DS) Sati or spike grass (Disfichlis
(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
Ej (JR) Black needlerush (Juncus
0 (SP) Salt/meadow grass (Spertina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
111(A) Private w/D&F up to 1 acre;
111(D) Pdv. public or comm w/D&F to 1
3490 can be applied - $250
acre; 3490 can't be applied - $400
Minor Modification to a CAMA Major
Major Modification to a CAMA Major
El IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
El Permit Transfer- $100
III(B) Public or commen tal w/D&F to 1
Express Permit - $20W
acre; 3490 can be applied - $400
Major development extension request -
11. Public orcommercial/no dredge
$100
and/or rill - $400
1. Private no dredge and/or fill - $250
C1 III(C) Pdv. public or Comm wrD&F to 1
RECEIVED
acre; 3490 can be applied,' DCM needs
DWQ agreement - $400
252.608.2806 :: 1.988-41RCOAST :: www,nccoegtalmanegement.rig,
t revisal: Nov. 2012
DCM-MHD CITY
NC Division of Coastal Mgt. Applio:ailon Computer Sheet, Page 2 of 3)
Applicant: Charles Mitchell & Allyson Ehdich-Mitchell -^^-- -- - - --
Date. 11121119
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In yourActivides code sheet.
TYPE REPLACE
Activity Name Number I Choose Choose Dimension f Dimension 2 Dimension 3 Dimension 4
One I One
Bulkhead (not
I
New Work
Replace
150
/
MHW vinyl)
Maint ❑
❑ Y ® N
3
Riprap (not
I
New WorkEF
Replace
190
10
MHW
Maint ❑
❑ Y ® N
12
Return wall
2
New Work
Replace
40
1
(retaining)
Maint ❑
®Y ❑ N
Fill (shoreline
I
New work
Replace
8
stabil. Below
Maint ❑
®Y ❑ N
H2) level
Fill and
1
New Work
Replace
41.8
140
1
grading
plaint ❑
❑ Y ® N
Groins (vinyl)
7
New Work 0
Replace
25
1
Maint ❑
❑ Y ® N
New Work
Replace
plaint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
plaint ❑
❑ Y ❑ N
New Work U
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y [IN
New Work 0
Replace
Maint ❑
❑ Y [IN
New Work EF
Replace
plaint ❑
❑ Y ❑ N
New Work 0
Replace
Maint❑
❑Y❑N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
plaint ❑
❑ Y ❑ N
I'- av O 2
DCM-MHD CITY
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Charles Mitchell & Allyson Ehrlich -Mitchell
Date: 11121119
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied tor.
Disturbance total
includes any
anticipated
restoration or
tamp Impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Shallow bottom
Dredge ❑ Fill ® Both ❑ Other ❑
1900
High ground
Dredge ❑ FiN ® Both ❑ Other ❑
5Bb0
Dredge ❑ FNl ❑ Both ❑ Other ❑
Dredge ❑ FNI ❑ Both ❑ Other ❑
Dredge ❑ FIN❑ Both ❑ Other ❑
Dredge ❑ FNI ❑ Both ❑ Other ❑
Dredge ❑ FIN ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Flo ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ SoM ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ other ❑
Dredge ❑ FiN ❑ Both ❑ Other ❑
RECEIVED
NOV 252019
282-808.2808 :: 1-888.4RCOAST :: wyyw _nccoaalalmanagement,nat revised: Nov. 2012
DCM-MHD CITY
MAJOR PERMIT FEE MATRIX
ADDlicant: Charles Mitchell & Allvson Ehrlich -Mitchell
Selection
Development T7not$25FOt
CM %
DWQ %
51000931625 6253)
(24300 1602 435100095 2341)
I. Private, non-comm
development that do
($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 applies..
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4175 (See
attached) can be applied.
III(B). Public or commercial
development, if General
4400
100% ($400)
0% ($0)
Water Quality Certification
No. 4175 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4175 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
®
Quality Certification No.
$400
60% ($240)
40% ($160)
4175 (see attached) cannot
be a lied:
IV. For development that
❑
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:
nc.W Ll V . ...
NOV 2 5 2019
DCM.MHD CITY
Received From: -�
Permit No.: A
Applicant's Name:
Project Address: _
NC Division of Coastal Management
Cashier's Official Receipt
S rtt (lali,,-i bo a/
S
vh
9008 ®B C D
Date: — / C) /J 1 20
$ yoy. o
Check No.: , 5-6 ep
County:
Please retain receipt for your records as proof of payment for permit issued. /
Signature of Agent or Applicant: G Date:
Signature of Field Representative: f 9 ^t Cx / Ju/ Date:
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
10/912019
Parcel Data Sheet
County of Dare, North Carolina
'Owner and Parcel information is based on current data on file and was last updated on October 04 2019
Primary (100%) Owner Information:
MITCHELL, CHARLES A EUX
EHRLICH-M ITCH ELL, ALLYSON EUX
59 HOOKSETT TURNPIKE RD
CONCORD NH 03301
Parcel Information:
Parcel:014439003 PIN:063020913583
District: 01- AVON
Subdivision: MILLER DIVISION
LotBIkSect: LOT: 2 BLK: SEC:
Multiple Lots: -
PlatCabSlide: PL: E SL: 39 Units: 1
Deed Date: 10/28/2015
BkPg:2055/0323
Parcel Status: ACTIVE
Property Use: RESIDENTIAL
BUILDING USE & FEATURES
Building Use:
Exterior Walls:
Full Baths:
Bedrooms:
Heat -Fuel:
Heat -Type:
Air Conditioning:
Tax Year Bldg Value: $M,600
BEACH CONTEMPORARY
MODERN FRAME
5 Half Baths: 1
6
3 - ELECTRIC
2 - FORCED AIR
4-CENTRAL W/AC
40175 C C GRAY RD
Actual Year Built: 1999
Finished sqft for building 1: 2814
Total Finished SgFt for all bidgs: 2814
Disclaimer: In instances where a dwelling contains unfinished living area, the square footage of that area is
included in the total finished sqft on this record. However, the assessed value for finish has been removed.
MISCELLANEOUS USE Tax Year Misc Value: $0
LAND USE Tax Year Land Value: $M, O'000
Land Description : 01-Sound Front
TOTAL LAND AREA: 22000 square feet
Tax Year Total Value: $540,500
*Values shown are on file as of October 04 2019
RECEIVED
NOV 2 5 2019
https 11tax.darecountync.govlparcelcard.php?parcel=014439003 DCM-MHD CITY 111
101912019
Parcel Data Sheet
County of Dare, North Carolina
-Owner and Parcel information Is based on current data on file and was last updated on October 04 2019
Primary (100%) Owner Information:
MITCHELL, CHARLESA EUX
EHRUCH-MITCH ELL, ALLYSON EUX
59 HOOKSETT TURNPIKE RD
CONCORD NH 03301
Parcel Information:
Parcel:014439001 PIN:063020914730
District: 01- AVON
Subdivision: SUBDIVISION - NONE
LOtBIkSect: LOT: BILK: SEC:
Multiple Lots: -
PlatCabSlide: PL: I SL: 374 Units: 0
Deed Date: 03/04/2019
BkPg:2287 0236
Parcel Status: ACTIVE
Property Use: VACANT LAND (PRIVATE)
BUILDING USE & FEATURES
Building Use:
Exterior Walls:
Full Baths:
Bedrooms:
Heat -Fuel:
Heat -Type:
Air Conditioning:
Tax Year Bldg Value: $0
Half Baths:
0CCGRAY RD
Actual Year Built:
Finished sqft for building 1:
Total Finished SgFt for all bldgs: 0
Disclaimer: In instances where a dwelling contains unfinished living area, the square footage of that area is
included in the total finished sqft on this record. However, the assessed value for finish has been removed.
MISCELLANEOUS USE Tax Year Misc Value: $0
LAND USE Tax Year Land Value: $3§,400
Land Description : 01-Sound Front
TOTAL LAND AREA: 54000 square feet
Tax Year Total Value: $36,400
*Values shown are on file as of October 041019
RECEIVED
NOV 2 5 2019
hltps:/Ilax.dammuntync.gov/parmlcard.php?parcel=014439001 DCM-MHD CITY
J, Cam( ��. _.
This map o Prtp d
1
from data,uea ro. ehe
40175 C C Gray RD
Owners: Mitchell, Charles A - Primary
Tax District Avon
S,jr ojj
G
inventory of to real
Avon NC, 27915
Owner
Subdivision: Miller Division
Property for tax
wrooses Pdmary
Parcel: O14439003
Ehrlich-mitchell, Allyson -Primary lot BLK-Sec Lot 2 Blk Sec
nfomuuon sovrc. sum
oM
as reced deed:
Pin: 063020913593
Owner
RE 11�eM Use: Residential
dots.
59 He OK,%4 Twrn Q+Ke
w• Building Value: $303,600
dmg Type: Beach Contemporary
s�
wJls. and other Pdmary
wnus rxord: a,ovw ee
(,o' rn Ca f 4 N t+ 2
Land Value: $236,900
Year Built: 1999
pr1 \1�ia\
oonwlted forva,ifrabw
()
1 736�
Mist Value: $0
2 5 Z019
°"'x'" oO oon
Total Value: $540,500
NOV
DCM-MHD CITY
[on
1 "mow"' T I
DCM Coordinator: Greg Bodnar Distributed Yes® No ❑
Applicant: Charles & Allyson Mitchell Distribution Date: 11/25/2019
AGENCY
ECRO
Community Development/1-PO
Donna Creef
DCM Planner
CharlanOwens Eliz City
Josh Pelletier — (Bertie, Currituck, Dare, Gates,
US COE:
Pamlico, Pasquotank, Washington)
Community Assistance
Lee Padrick (Beaufort, Carteret Craven, Enz City,
Pamlico, Washington)
Cultural Resources
Renee Gledhill -Earley
Div. of Water Infrastructure
(No longer public Water Supply)
Clif Whitfield
Marine Fisheries
Curt Weychert WAROIECRO
NC DOT
David Harris
Shannon Jenkins
Shellfish Sanitation
Sharon Gupton
Tim Walton
State Property
Mike Moser
Wanda Hillard
DEMLR/DWR:
Sheri Montalvo
Shelton Sullivan
DEMLR
Sediment & Erosion-
Samir Dumpor
Storm water-
Roger Thorpe
DWR401-
Anthony Scarbraugh
WRC
Maria Dunn (WARD)
National Heritage Program
Rodney Butler
RECEIVED
NOV 2 5 2019
DCM-MHD CITY
C:\Users\emgodfrey\Documents\Major Permits\NCDMF AR 197\Maj comment Distribution sheet for NCDMF.docx
��-.__.
Revised : 6/i9/2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
BRAXTON C. DAVIS
Director
October 10, 2019
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. bodnant,ncdenr.gOV
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Charles & Allyson Mitchell
Project Location: 4017d CC Gray and 0 CC Gray Road in Dare County
Proposed Project: Install seven 25' vinyl groins, a vinyl bulkhead, place riprap waterward of
bulkhead, backfill, grade and plant beach grass
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 December 16, 2019. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
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.
RECEIVED
NOV 2 5 Z019
a,
North Caratna Department of Environmental Quality I Division of Coastal Management aM-MHD CITY
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909:
252.264.3901
AVON, NC
R OF
9/17/19 \
,�J20P.OSED 8ULHE
150' LINEAR FEET W/
r40' IfEtURi WALLS__ �
r r r r r r r r r
rrrrr,--rrr
r r r 1pC�.SO,WDr r
r5
r r r r r r� �.�� r .---
r r r ��ROGK RIP-R�
r r 7;�OPOJ N�GRO r r
r r r r r r r r r
r r r r r r r
A1WA�M�"�PM7P .—r--.---_
r�Rn-�mo 77w PROPOSED BULKHEAD BACKF
AND SITE GRADING (5.850 SF
r r r
�1 LOT 1
N/F
NATALM TURNON
Y PC '39' SME 39
DR 1957 P9. 414
r r r r rj�
LEGEND
DCM-MHD CITY
-PROPOSED BACK FILL AREA 5.850 SF(375 CUBIC YDS)
- PROPOSED ROCK RIP-RAP(2.040 SF)
ReeeivpH
- 30' DCM BUFFER LINE
- 75' AEC UNE
.: G 3 119
//
- EXISTING SHOREUNE (NWL)
J
_._._._.
- APPROXIMATE LOCATION OF WETLANDS
�l
-LO'r
- EXISTING WATER DEPTHS
,\ k
MITCHELL PROPOSED SITE PLAN SHEET 3. OF 4
CAMA MAJOR PERMIT
AV N — DARE COUNTY — NORTH CAROLINA
30' 60' 90'
ATaNT/C ENY/RONAMUZ CONSULTANTS, LLC
GRAPHIC SCALE 1'= 30' P.O. BOX .i166, K177Y AW K, NC 17949
(151)161-7707, a -mail d0ugdo6C#gM0i1c"
FILE MITCHELL 2019 DATE 9/30/19 REASED: 1
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