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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 oir(A`I 5 {� bo� bOA-a,- 6;6k\ Sro,AS ,`n �� `Ii�I J Ue � USRZIs�l�lulFS k taRc botP pa�orA(, tecmmn ^S Q/i' tr- -1 . ��01.4 V'�' 1 �i '// u5o llkpl Iltol lli'I ("In 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 Fax 7-�330 (Pq q � ' nr dr`eaO.'66idnar(Anede" cl- CAMA tbfedge4 ATApp 11catkm ReView. ER 19-5ti139 T Due; =,4/1711,9- p ration- d' "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. 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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 r r� 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 REc fted VC) 23 2019 SeMce Type ttdwiry Mall apmes® 1dull Stgnatum egietered Mall,» ;dint Sd maim m ge9Ulcted Degvery O DaYyerYieteratl Mail ReaMcted :e UW MaIRD usYvarY %ilml Melt Re9tdeted OetMxy ❑ RWum geselPt for drat on Delivery Manatu Mla Meat oR Delivery RaNnted Delivery ❑elgnature ConertnatlpP'» j &W Mal ❑ 3lgnalure Conflmletlon ae t�}a}1tYlvery geeNated 0el11� � Agent B- Received ify (Printed D. Is delivery address different from keml?�I7 �s If YES, enter delivery address below: 0 No Received OC 1 24 'sr^ ❑ Priority Melt EvPraso Adult Slgnetum pp���/�f, ❑Reglatemtl Mall. Rostr�tg�a-M-E65Vstered AtlW eci ma)'ie CeNAed Mall® ��✓vV i1 Yr',' Mall Restricted', [C CanJW Mail Restricted Delivery ❑ R d t for Colect on Oellsmry M . C011at on calvary Ratdcted Dellvary ❑ 31e ellmimton- nsumdMail ❑Slgfl MVoo nsumd Ma Restricted Delivery PAMI mer$5g0) , Domestic Return Recelpt 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 v 6f IS d r W o V '' `\2 > Lea = 5 a I! o I! 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