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93-20 Phillip Harrington Enterprises LLC
Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 3permtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 93-20 Issued to Phillip Harrington Enterprises LLC., 760 Pitts Chapel Rd., Elizabeth City, NC 27909 Authorizing development in Dare County adi. to Kitty Hawk Bay, Lots 1-2&3-5 Chowan St., In Virginia Dare S/D, Kill Devil Hills , as requested in the permittee's application dtd 3/4/20, incl att workplan drawings (3) Pages 1-2 of 3 dtd 7/30/20, Page 3 of 3 dtd "Rec DCM-EC 3/12/20 & 5/4/20". This permit, issued on September 23, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )f these terms may be subject to tmes, imprisonment or civil action; or may cause me perms to oe nun ana voia. Shoreline Stabilization - Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the 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 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina ,Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Phillip Harrington Enterprises LLC. Permit No. 93-20 Page 2 of 3 ADDITIONAL CONDITIONS 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) This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. 12) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists within and in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction of the authorized bulkhead. The bulkhead shall be located in areas with no SAV coverage at the time of construction, to the greatest extent practicable. Sedimentation and Erosion Control NOTE: The local government has reciprocity from the Division of Energy, Mineral and Land Resources, Land Quality Section to administer the Erosion and Sedimentation Program. Therefore, an Erosion and Sedimentation Control Plan may be required for this project if upland disturbance is greater than 1 acre. If required, the plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Contact the local government Erosion and Sedimentation Program for this determination. 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 15) 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 it minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Phillip Harrington Enterprises LLC. ADDITIONAL CONDITIONS Upland Development Permit No. 93-20 Page 3 of 3 16) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the homesites, driveways, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. USACE Conditions 17) 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 hn://www.fxvs.gov/nc-es/mammal/manatee ¢uidelines.odf. General 18) 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. 19) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location 20) 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, including but not limited to any authorizations required from the NC Division of Water Resources. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-00969). NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New V Major Mod Permit# Permit Coordinator: Field Representative: Date Time (ol �ll� DM F W�orICOM� `� � •�. 4(14(Zo 5Af SuNt� IA . Minor Mod Renewal Transfer Message 7(1;110 (7ceej LC' ecvuw 6 ;PA 114" W-C a�lo✓t hcais6St. Kv;lve� work 6-4e) 4Coork.61y, '(3410 I $ll p ce.t iGv� a�1�70 15s�t .a ;1r w�c 7(�7,'lu,�l3l W01-1112f lilt elt I $trl 1-631�i71Q�Z( �lNIN4n� �r(lul5}+� aiACG 1117, -?(;l, "*Ito, 4(Z U 0 8(3 DCM Coordinator: go QN R Permit #: �Zv Permi Agents: MAILING DISTRIBUTION SHEET ttee: a &G i?D 1� ZZ3L CC /ck �ev rdrnG� l/oCrr , Z790i �(r a e Q twh..� ra.' . i y o Ga 't DCM Field Offices Elizabeth City Po-, Morehead City US ACOE Offices: Washington: Washington Wilmington (with revised work plan drawings) (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New.Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: jfinee Gledhill -Earley at Environmental. Rev iew@ncdcr.goVVT Heidi Cox (W I RO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater (� Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: or aria Dunn (WARD) i. (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO:NtIQ oe■ NIF1 Received APPLICATION for MAY 4 - 2020 Maior Development Permit D M-EC (last revised 12127/08) North Carolina DIVISION OF COASTAL MANAGEMENT I. Primary Applicant/ Landowner Information Business Name Project Name IN applicable) Phillip Harrington Enterprises, LLC Chowan Street Shoreline Improvements Applicant 1: First Name MI Last Name Phillip W. Harrington Applicant 2: First Name MI Last Name If additional applicents, pease aaech an additional page(s) with names listed. Mailing Address PO Box City State 760 Pitts Chapel Road 2232 Elizabeth Ci NC ZIP Country 1 Phone No. FAX No. 27909 USA 252 - 335 - 4520 ext. 252 338 - 7656 Street Address (g d#lerent from above) City state ZIP SAME Email beargarden@ambargmail.com, glendahc@embargmail.00m 2. Agent/ContractorInformation Business Name Elliott Consulting Agentl Contractor 1: Flat Name MI Last Name Kenneth C. Elliott Agent/ Contactor 2: Flat Name MI Last Name Mailing Address PO Box City 202 Elliott Road 112 Aydlett NC ZIP Phone No.1 - — __TState Phone No. 2 27916 252 - 339 - 9021 ext. - - ext. FAX No. Contractor # 888-637.6241 Street Address (if different hom above) Cfty State Zlp SAME all ken@kenobx.com <Form continues on back> RECEIVED MAY 2 8 2020 DCM-MHD CITY Form DCMMP-1(Pop 2of4) Received APPLICATION for MY 4 - 20 Major Development Permit - I ProJect Location DCM- County (can be multiple) Street Address State Rd. N Dare Intersection of Bay Drive and Chowan Street (no 911 address) Subdivision Name City State Zip Vi tole Dare Shores Will Devil Hills NC 27948 Phone No. Lot No.(s) (MMany, attach additonal page with list) NA ext. 1-2 (one lot): 3-5 (one lot) a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Kitty Hawk Bay 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 KJq Hawk Bay, Albemarle Sound e. Is proposed work within city limits or planningjuriedletkm? f. If applicable, list the planning jurisdiction v city limit the proposed Was ❑No work falls within. Town of will Devil Hills, NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 163 feel 21,102 sq.ft. C. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wafer) or 9.135 sq.q., 11,667 sq.ft. NWL (nomral water level) (If many lot sizes, please attach additional page alth a list) 5 feet ❑NHW or ®NWL e. Vegetation on tract Upland: Southern live oak, southern wax myrtle, centipede grass, Bermuda grass 404 non -coastal Wetland: Black willow, pond pine, Groundseltree, Sweet Bay, Morning Glory, wild onion, saltwater coidgrass Coastal Welland: Saltwater cordgrass, big cordgrass, needlerush I. Man-made features and uses now on tract None g. Identify and describe the existing land uses adaoent to the proposed project site. Single family residential h. How dose local government zone the trail? Is proposed project consistent with the applicable zoning? RL (Residential Low Density) T(Attachzoning compliance cenificete, If applicable) OYes ❑No ❑NA J. Is the proposed activity pad of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it Involve a []Yes ®NO ❑NA National Register listed or eligible properly! <Form continues on next pail RECEIVED MAY 2 S 2020 oCtA-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Received Major Development Permit M. g) Are there wetlands on the site? ®Yes ❑No (11) Are there coastal wetlands on the site? ®CM EC ®Yes ❑No (ill) If yes to either (I) or (if) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. There are no existing wastewater treatment facilities. Lot 1-2 has a septic tank (without drainfield) that was permitted prior to 2000. Construction never took place at that time and the system was never completed or used. o. Describe existing drinking water supply source. Town of Kill Devil Hills water available P. Describe existing storm water management or treatment systems. None. S. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliciGovernment ®Pdsalle/Community, b. Give a brief description of purpose, use, and dally operations of the project when complete. Two single family residences, one per lot. 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. Pile auger, small Kubota -type 4-wheel or skid -steer loaderlexcavator; storage on -site or at equipment owners property. d. List all development activities you propose. Pier with boat slip (future), retaining wall, house, driveway, on -site septic system. e. Are the proposed activities maintenance of an existing project, new work, or both? New construction f. What Is the approximate total disturbed land area resulting from the proposed project? 11,390 ®Sq.Ft or []Aces g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Minor surface runoff. 1. Will wastewater or stormwater 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 there any mitigation proposed? ❑Yea ®No ❑NA If yes, attach a mitigation proposal. Project will be outside of delineated wetland area. <Form continues on back> RECEIVED MAY 2 8 2020 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 form, (MF11) the following items below, if applicable, mustbe submitted in order for the application package to be complete. Items (a) — (I) ere 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 end cross -sectional drawings) drawn to stake. Pease give the present status of the proposed project. Is any portion already complete? If preWouaty auNonzed work, clearly Indicate m 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 thearea to the site. V f the deuSchiemann ate application only) or other Instrument under which the applicant clams title to the affected properties. opriate fee. Check or money order made payable to DENR. e nameplete addresses of the adjacent waterfront (riparian) landowners and sgned return recelpts as proof that such ave recpy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In ubmit on the proposed project to the Division of Coastal Management. . Teach Phone No. s hiemann CL, Chesapeake, VA 23321 757-966-9919 Name Phone No. Russell W., III 8 Sandra A. Jenkins Address 18623 Blueridge Mountain Rd Bluemont VA 20135 540 554 2573 Name Phone No. Address g. A list of Previous stale or federal permits Issued for work on the project tract. Include permitnumbers, permitlee, and Issuing dates. CAMA Major Permit #1409 to Billy Roughton (previous owner) on Jan 22, 2009; 401 Water Quality Certification (GC3641) OM Pro act #08-1347 to Billy Boughton no Oct 17 2008 Cformw-tnr rpnp.l Perm'I CnrNo C li080891 in Billy Roughton on Dec 5, 2008; Stormwater General Permit COC No. SW7081102 to Billy Roughton on Nov 24. 2008 h. Signed consultant or agent authorization form, if applicable. 1. 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). if necessary. If the project Involves expenditure of public funds or use of public lands, allach a statement documenting compliance with the North Carolna Environmental Policy Art. 1 7. Cert►tication and Permission to Enter on Land I understand that any permit issued in response tothls application will allow only the development described in the application. The project will be subject to the conditions and estrictions contained in the permit. I certify that I am authorized to grant, and do infect grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection wilh evaluating information related to this permit sppication and follow-up monitoring of the project. I further certify that the information provided inthis application is truthful to the best of my knoviedge. Date March 4, 2020 Print NamePhillip W. Harringlto�n� Signature X 6141, r Please indicate application attachments pertainingto your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information Received M.QY 4 - CiY ii Received Meg 12 2020 ®CI EC RECEIVED 252.808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net MAY 2 8 2020 i)CM-AHD CITY Form DCM li EXCAVATION and FILL Received MAY 4— ZLi@ (Except for bridges and culverts) DC►py�� El/,� Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections df 1ft87oint 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 (NLW r Canal Boat Basin Boat Ram p Rock Groin Rock (excluding Breakwater shoreline NWL atabillution Length Width Avg. Existing Depth N A NA Final Project Depth N A NA 11. EXCAVATIONEXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHN or NWL in cubic yards. C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bosom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. C. (1) Do you claim title to disposal area? []Yes []No ❑NA (li) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal vallands/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 []SB _ ❑WL _ []None (ii) Describe the purpose of disposal in these areas: to d. High -ground excavalion in cubic yards. ®This section not applicable b. Dimensions of d'apoal area. d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA III) If yes, where? I. (i) Does the disposal include any area in the weer? ❑Yes []No ❑NA (it) If yes, how much water area is affected? Received MAR 12 mo RECEIVED DWEC DCM-MHD CITY Fort" DGM MP-2 (Excavation and Fill, Page 2 of 2) Received 3. SHORELINE STABILIZATION [I This section not applicable (if development is a wood groin, use MP-4 - Structures) l 1 a. Type of shoreline stabilization: b. Length: •-I& feet tnl omenaan UKIprap unreaswatenbin Uutner:_ C. Average distance waterward of NHW or NWL: y� d. r%r rY r �T e. Type of stabilization material: Wood or vinyl bulkhead g. Number of square feet of fill to be placed below water level. BulkheadbackglAWSgggq���y .f(. Riprap_ (ephemeral) Breakwater/Sill.yJOther �"�_ I. Source of fill material. Offsite sand pit owned by landowner Wdth: 1 foot Maximum distance waterward of NHW or NWL: ` I (, f. (1) Has there been shoreline erosion during preceding 12 months? ®Yes []No ❑NA (a) If yes, state amount of erosion and source oferosion amount information. _appx. 1ft. Google Earth & 2020 survey h. Type of fill material. Sand & topsoil Received MAP 12 7020 I4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. 0) 6MI1 fill material be brought to the site? Elves El No []NA b. (i) Will fill material be placed in coastal welbnds/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (83), or (III Amount of malerlal to be placed In the water Nerve T7 a d. other wetlands (WL)? If any boxes $e checked, proilde the (III) Dimensions of fill area 1&g-egffr 9p3 t Ff CC number of square �fe t affected. (r.�[ (iv) Purpose of fillC— ❑CW (y1SAV � ❑SB ❑WL ®None Residential construction - grade & level yard to (it) Describe the purpose of the fill in these area:: meet top o u ea , o prove a sa ety or rest ents, NA 5. GENERAL a. Howwill excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g., dragllne, controlled? ail k4F backhoe, or hydraulic dredge)? Fill will be placed on landward side of 29F ft long bulkhead Badrhoe, loader, skid -steer loader disturbed area will be seeded promptly after fill and compaction c. (1) Wit nave ational aide be required as a result of the project? ❑Yea WNo ❑NA (it) If yes, explain what type and how they will be Implemented. March 4. 2020 d. (1) VAII wetlands be crossed In transporting equlpment to project site? []Yes 0No ❑NA (ii) If yes, explain steps that will be taken to awid or minimize environmental impacts. Phillip W. Date Applicant Name Chowan Street Shoreline Improvements x K. A lU, -r7 v Project Name Applicant Signature RECEIVED 252.008-2800::1-006-411COAST:: www.nccoastalmanngontent•net revised: I 'iTS 2020 DCM-MHD CITY Form DCM MP-3 Received UPLAND DEVELOPMENT MAY 4-2820 (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. type anti number of outiomgs, facilities, units or stmctures proposed. Two residential buildings with driveways c. Density (give the number of residential units and the units per acre). Two (equates to 3 units per acre). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (I) If applicable, has a sedimentation and erosion conlrol plan been submitted to the Division of Land Resources? ❑Yes ❑No ®NA (il) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Lot 1-2: 21.5%; Lot 3-5: 25.5% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking, Lot 1-2: 25.5%: Lot 3-5: 30.5% j. Describe proposed method of sewage disposal. Onsite septic treatment system both tracts b. Number of lots or parcels. Two d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. I. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete and two roofed structures. h. Projects that require a CAMA Major Development Permit may also require a Stovowater Certification, O Has a site development plan been submitted to the Division of Water Dually for review? ®Yes ❑No DNA (i) If yes, list the date submitted: See below. Lot 1-2: SW7080821 approved 12/5/2008 Lot 3.5: SW7081102 approved 1124/2008 Have the facilities described in Item (i) received state or local approval? ®Yes ❑No DNA If yes, attach appropriate documentation. Attached I. Describe location and type of proposed discharges to waters of the m. Does the proposed project Include an innovative slormwater slate (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, 'Wash down' and residential discharges). Dyes ®No ❑NA Minor surface runoff may occur both tracts. If yes. attach appropriate documentation. RECEIVED rule 2: e 20 DCM-MHD CITY Dorm DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be Impounded? ❑Yes ®No DNA community, public system, etc.) (ii) It yes, how many acres? NA Dare County Water System o. When was the lots) platted and recorded? Lot 1-2: 12/192019, Lot 3-5: 12/19/2019 March 4.2020 Date Chowan Street Shoreline Improvements Project Name Phillip W. Harrington Applicant Na/mme/• x P /,/l W •_ Applicant Signature p. If proposed development is a subdivision, will addional utilities be Installed for this upland development? ❑Yes ❑No ®NA 252-808-2800 :: 1-888-0RCOAS7:: www.1ccoastalmanagament.met Received 4 — lc it DMEC Received 1"0 11�2 [70'2/0� DV1YI"[,C RECEIVED revised: 1.7, 1 O 2020 DCM-MHD CITY Bodnar, Gregg From: Bodnar, Gregg Sent: Wednesday, September 23, 2020 8:39 AM To: beargarden@embargmail.com; glendahc@embargmail.com Cc: Ken; Renaldi, Ronald; Godfrey, Ella M; Cannon, Amanda J Subject: Phillip Harrington Enterprises LLC CAMA Permit Attachments: 93-20 Phillip Harrington Enterprises LLC.pdf Morning all, Please see above for a copy of the CAMA Permit. I want to specifically bring you attention to the In NOTE stating that you will need to obtain additional authorization/certification before beginning work, specifically DWR. The Division of Water Resources has not completed their review and to date has not certified the project. Please contact Chris Pullinger in the Washington Regional Office to discuss the project. Regards, Gregg p�fsiald [mrsYrsr'./1PuY i Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 ON 2808 ext 21S (Office) Gregg.BgdnaE@ncdenE, v_ Email correspondence to and from this address is subject to the North Carolina pablic Records Law and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, July 31, 2020 8:32 AM To: Pullinger, Robert C; Pelletier, Josh R CIV CESAW CESAD (USA); Harrison, James A; Dunn, Maria T.; donna@kdhnc.com Subject: FW: [External] RE: Philip Harrington CAMA Application Attachments: ChowanStProject_SiteMap_073020.pdf; ChowanStProject_SiteMap_Structures_ 073020.pdf Morning all, After consultation with the agencies updated plans are available for the CAMA project for Philip Harrington. In summary the bulkhead has been moved landward to reduce impact to SAV. Please review these updated plans and provide any comments as soon as possible. Thanks, Gregg From: Ken <ken@kenobx.com> Sent: Thursday, July 30, 2020 10:14 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Harrison, James A <James.Harrison@ncdenr.gov> Subject: RE: [External] RE: Philip Harrington CAMA Application Hello, Gregg, Please find attached updated drawings of the Phillip Harrington Shoreline Project in Dare County. These drawings reflect changes made after the site visit on July 2"" with Anthony Scarbraugh and Chris Pullinger, and include: • Bulkhead length shortened by two feet on each end to accommodate new 2-ft wide riprap flank protection on each waterward corner. • Locations shown of SAV patches and boundaries confirmed by Anthony Scarbraugh onsite. • Measurement of quantity of SAV impact landward of proposed bulkhead alignment. • Location of proposed 24 sq. meter SAV restoration area for mitigation of SAV impacts landward of bulkhead alignment. Drawings will print at 100% on 11 x 17 paper. Thanks, let me know if you have any questions. Ken Elliott Elliott Consulting PO Box 112 Aydiett, NC 27916 USA Phone:252-339-9021 Fax:888-637-6241 Email: ken(cDkenobx.com From: Bodnar, Gregg <gregg.bodnar(@ncdenr.gov> Sent: Tuesday, July 28, 2020 2:35 PM To: Ken <ken@kenobx.com> Subject: RE: [External] RE: Philip Harrington CAMA Application Thanks. An electronic copy is fine if they are 11x17 or smaller. If oversized then an electronic copy and 3 hard copies will work. Thanks, Gregg From: Ken <kengkenobx.com> Sent: Tuesday, July 28, 2020 2:18 PM To: Bodnar, Gregg <gregg.bodnar(@ncdenr.gov> Subject: [External] RE: Philip Harrington CAMA Application Hello, sir, I'll have them to you ASAP. Thanks, Ken Elliott Elliott Consulting PO Box 112 Aydlett, NC 27916 USA Phone: 252-339-9021 Fax:888-637-6241 Email: ken0kenobx.com From: Bodnar, Gregg <gregg.bodnar0Dncdenr.gov> Sent: Tuesday, July 28, 2020 1:53 PM To:'Ken' <kenna kenobx.com> Subject: RE: Philip Harrington CAMA Application Afternoon Ken, I wanted to check in to see about the updated workplans. When those are available I can pass them along to USACE and DWR specifically since I do not have their comments and I'll assume they are waiting on those plans to make a final decision. Thanks, Gregg 7 From: Bodnar, Gregg Sent: Thursday, July 23, 2020 8:04 AM To: Ken <ken@kenobx.com> Subject: Philip Harrington CAMA Application Morning Ken, I have spoken to WRC and DMF about some discussions you've had with them and DWR and it looks as though you've come up with an agreed upon redesign to the bulkhead alignment (see above). If you can provide me with updated drawings with a revised date I will send them out to the remaining agencies to update their files and provide any feedback. The project was just extended and the final date is 10/1/20, but if you are able to get me those updated drawings asap that should move things along. Thanks, Gregg �D_EQr� V Gregg Bodnar. Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 ON 2808 ext 21S (Office) GrexR.8odnarQ@ncdenr a Enroll cor►espondence to arrd from this address is subject to the North Carollno Public Records Law and may be disclosed to third parties. w Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, July 23, 2020 8:04 AM To: 'Ken' Subject: Philip Harrington CAMA Application Attachments: Harrington Bulkhead.pdf Morning Ken, I have spoken to WRC and DMF about some discussions you've had with them and DWR and it looks as though you've come up with an agreed upon redesign to the bulkhead alignment (see above). If you can provide me with updated drawings with a revised date I will send.them out to the remaining agencies to update their files and provide any feedback. The project was just extended and the final date is 10/1/20, but if you are able to get me those updated drawings asap that should move things along. Thanks, Gregg V Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 eat 215 (Office) Gregg.8adnarOncdenr goy Email correspondence to and from this address Is subjed to the North Carolina Public Records tow and may be disclosed to third parties, Harrington Bulkhead 2018 Aerial Overlay '- Ll 11 Legend 75 aec new Bulkhead Line a�n CAMA Coastal WL Line aS CAMA NW L April 2020 Dense SAV Bed Waterward of Line is oS Erosion Escarpment 6 Flags Denoting SAV Boundary .� Patches of SAV Photo *% Property Lines j *% USACE WL r Harrington Bulkhead ;, '' Legend 2018 Aerial Overlay oas 75 aec new Bulkhead Line o �,a CAMA Coastal WL Line .S CAMA NW L April 2020 ♦ Dense SAV Bed Waterward of Line 4,&' (�c Erosion Escarpment i t ' Flags Denoting SAV Boundary Patches of SAV r, Photo Property Lines USACEWL } � t 9900 / •43 LL1±ia: \ 879 .Poogle Earth J •: , j `y Harrington Bulkhead 2018 Aerial Overlay s J • t Google Earth ti- Legend a°r 75 aec new u Bulkhead Line �. CAMA Coastal WLLine *% CAMA NW L April 2020 *% Dense SAV Bed Waterward of Line 3-, Erosion Escarpment 6 Flags Denoting SAV Boundary • Patches of SAV Photo :. Property Lines USACE WL Harrington Bulkhead ?i s Legend 2018 Aerial Overlay r a 75 aec new a ° . , : • Bulkhead Line e - a ;' ! K• ti. " u. CAMA Coastal WLLine W►a •'_ CAMA NW L April 2020 ♦ ::• Dense SAV Bed Waterward of Line �} 04 Erosion Escarpment a !• E Flags Denoting SAV Boundary* \ Patches of SAV \ ' + Photo ` _ A Property Lines R� USACE WL - P r r � r Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, July 23, 2020 8:41 AM To: 'Pelletier, Josh R CIV CESAW CESAD (USA)'; Dunn, Maria T.; 'Jimmy North'; Pullinger, Robert C Cc: Renaldi, Ronald Subject: FW: Philip Harrington CAMA Application Attachments: Harrington Bulkhead.pdf; RE: [External] RE: Phillip Harrington Enterprises Morning all, With the feedback I have gotten after Maria, Jimmy and Chris have worked with Ken Elliot about the bulkhead alignment I have asked Ken to update the workplans to reflect the changes describe in the above attachments. When those are available I will forward for your files. Maria and Jimmy I have your comments reflecting the updates, Chris and Josh, let me know if you need anything else after the updated plans come in. Thanks for the work, Gregg From: Bodnar, Gregg Sent: Thursday, July 23, 2020 8:04 AM To: Ken <ken@kenobx.com> Subject: Philip Harrington CAMA Application Morning Ken, I have spoken to WRC and DMF about some discussions you've had with them and DWR and it looks as though you've come up with an agreed upon redesign to the bulkhead alignment (see above). If you can provide me with updated drawings with a revised date I will send them out to the remaining agencies to update their files and provide any feedback. The project was just extended and the final date is 10/1/20, but if you are able to get me those updated drawings asap that should move things along. Thanks, Gregg Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental quality 252 NO 28M ext 215 (Office) Gregg.BodnariTncdear gov EMO correspondence to and from this address Is subject to the ,North Carollno public Records law and may be disclosed to third parties. Harrington Bulkhead, , Legend 2018 Aerial Overlay 75 aec new s_. ::• Bulkhead Line .. 71 W." ® CAMA Coastal WL Line r CAMA NW L April 2020 m e •'� Dense SAV Bed Waterward of Line <°o Erosion Escarpment fl Flags Denoting SAV Boundary ell Patches Patches of SAV Photo Property Lines USACE WL ,i : �J.j «d« T a s 2=- ze x _ Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, June 22, 2020 10:11 AM To: ken@kenobx.com Cc: Harrison, James A; Dunn, Maria T.; Pullinger, Robert C; Pelletier, Josh R CIV CESAW CESAD (USA) Subject: Phillip Harrington Enterprises Attachments: NCDMF comment memo - Harrington Enterprises - Dare Co..pdf Morning Ken, DMF has provided concerns (above) with the location of the bulkhead as it relates to SAV. Since a complete SAV survey was not provided DMF is requesting one be completed to quantify potential impacts. If this survey is able to be completed in the next 5 days the processing time will be able to continue. But if there is a need for additional time to complete the survey and provide it to the resource agencies then please let me know and I will send out a hold letter for the request. I have Wd DMF and the other resource agencies as I will assume they are interested in the same information. If there are any questions specific to the survey please contact DMF directly, otherwise please reply to this email with any updates related to the survey so all interested agencies will have the information. If you have any questions please let me know, Thanks, Gregg ec+n„rm�ry e:D `E Q� —'isi/ia>amvtnww� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252.80 28M ext 22S (Office) Gregg_0odnar08ncdgnrgov Email correspondence to and from this address is subject to the North Carolina Public Records Caw and may bedisctosed to third parties. Bodnar, Gregg From: Ken <ken@kenobx.com> Sent: Monday, June 29, 2020 12:15 PM To: Bodnar, Gregg Cc: Harrison, lames A; Dunn, Maria T.; Pullinger, Robert C; 'Pelletier, Josh R CIV CESAW CESAD (USA)'; Peoples, Audy J Subject: [External] RE: Phillip Harrington Enterprises Attachments: BG Chowan5t Sitemap SAV 062920.pdf Categories: Important r 1 of click links or open attachments unless you verify. Send all suspicious a y Gregg, Please find attached a site map for the Phillip Harrington Enterprises, U-C shoreline project in Dare County, which shows results of an SAV survey performed there by me on Tuesday morning, June 23, 2020. Tide was 6 inches above normal that day. SAV Site-1(87 SF) contained milfoil, widgeon grass, and wild celery. Site-2 (4 SF), Site-3 (43 SF), and Site-4 (2 SF) contained widgeon grass and wild celery. Anthony Scarbraugh with DWR is making a site visit there on Thursday, July 2 at 10:00 AM to confirm erosion amounts, wetlands, and any needed bulkhead re -alignment. He will also look at the SAV sites. I have invited Audy Peoples with CAMA Elizabeth City to be there. Thanks, please let me know if you have any questions. Ken Elliott Elliott Consulting PO Box 112 Aydlett, NC 27916 USA Phone:252-339-9021 Fax:888-637-6241 Email: ken@kenobx.com From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, June 22, 202010:11 AM To: ken@kenobx.com Cc: Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pullinger, Robert C <chris.pulpnger@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (USA)<Josh.R.Pelletier@usace.army.mil> Subject: Phillip Harrington Enterprises Morning Ken, DMF has provided concerns (above) with the location of the bulkhead as it relates to SAV. Since a complete SAV survey was not provided DMF is requesting one be completed to quantify potential impacts. If this survey is able to be completed in the next 5 days the processing time will be able to continue. But if there is a need for additional time to complete the survey and provide it to the resource agencies then please let me know and I will send out a hold letter for the request. I have Wd DMF and the other resource agencies as I will assume they are interested in the same information. If there are any questions specific to the survey please contact DMF directly, otherwise please reply to this email with any updates related to the survey so all interested agencies will have the information. If you have any questions please let me know, Thanks, Gregg as.zDEQ Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) GMW.Bodnar6Dncdenr.Rov Email correspondence to and from this address is subject to the North Carolina Public Records caw and may be dissclosed to third parties. 817E MAP-STES CHOWAN STREET SHORELINE IMPROVEMENTS PHIWP HARRINGTON ENTERPRISES. LLC BAY DRIVE { CHOWAN STREET KILL DEAL HILLS, NC DARE COUNTY 81YpRIVE SCALE IN:30 FT 75Fr ROW IMPBY ELUOTTRN[x APRIL xK. IWO xo:o LOT ", SLK &S STASCH I r SHEI r_—_ J mxrnEre � �—SF_J OItIVEW�V -------------- - I L _____I____. LOT Sb, BLK BB VIRGINIA DARE SHORES 027 AC 10' CAMA _ — / / BUFF1rR D1 ALUNE A _ Ni WERACM LINE \ \\ EVBANKMI_ 0!/ �\ NYLt WATER MI. sAllJ J ]SF MLOA NWI WATER DEPTH 1.0 KITTY HAWK BAY THIS MAP IS NOTA CERTIFIED D SURVEYAND HAS NOT BEEN REVIEWED Q BYA LOCAL GOVERNMENTAGENCY FOR COMPLIANCE WITH ANYAPPLICABLE LAND DEVELOPMENT REGULATIONS. Q OFFSHORE M H ISLANDS Q a Bill PONT) /bM•LR /CigWAN ST _9EAL_� P611R t RRW Wm1ipIM uN611G LOT 1-2612 CHOWAN ST, BLK W VIRGINIA DARE SHORES 0.22 AC \ _ I sra sRE\ OOR` 119E /93VE M4L ` � ®6BF30N HNL` ` 9AV 4IE.] � BFAB.l^IE FIAM1 WAMRMI-H LOT 17-18 & 12 CHOWAN ST, BLK SS OasnNc 9uLb JENKINS IRIaARUN1 RESIDENCE RESIDENCE J WATER °EFT4 snv slTEe / °n 4i $F WATER DEPTH B1WTp0 F1' 1 D' Q KITTY HAWK BAY WATERDEPTH V PAGE 2 OF 3 J DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Phillip Harrington Enterprises, LLC COUNTY: Dare PROJECT NAME: Chowan Street Shoreline Improvements LOCATION OF PROJECT: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-4-20 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes RECEIVED MAY 2 8 2020 DCM-MHD CITY FIELD REPRESENTATIVE: Aady Pea I [STRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: � l Date S / 1$ /..0 k0 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60/40) fi III (D) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 5-31-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 7-18-20 EMAIL OUT DATE: 5-28-20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 6-20-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 6-18-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep Z I Zp DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section DWR—Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion (o DOA — State Property Office ( 10 t Wildlife Resources Commission 7 Z 0 DMF — Shellfish Section (1j 70 DMF — Habitat & Enhancement DNCR — Archives & History 4470 70 1 11140 i u r �7 t DNCR —Natural Heritage Program NCDOT NC Dept of Commerce Cj �� ��� I�,O A ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality MEMORANDUM RECEIVE® TO: Gregg Bodnar, Assistant Major Permits Coordinator J U L 1 2020 THROUGH: Ron Renaldi, District Manager R.Ad1 MP SECTION, PAHD DATE: June 22, 2020 SUBJECT: Phillip Harrington Enterprises, LLC Major Permit Recommendations The applicant is proposing to clear, fill and grade the site, install a bulkhead waterward of Normal Water Level (NWL) and construct two residential dwellings. The site of the proposed development is located at the intersection of Bay Drive and W. Chowan Street, lots# 1-2 & 3-5 (between 3014 and 2916 Bay Drive) in the Virginia Dare Shores subdivision, Kill Devil Hills, Dare County adjacent to Kitty Hawk Bay which connects to the Albemarle Sound. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. RECEIVED D Q JUL o 12011 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3011 Elizabeth Qty. North Carolina 27909 DCM-MHD CITY IF Gregg Bodnar, Assistant Major Permits Coordinator Phillip Harrington Enterprises, LLC Major Permit Recommendations June 22, 2020 Page 2 Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intentof this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (7) Bulkheads pertains to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (7) Bulkheads Subparagraph (7)(A) states, "Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Inconsistent: The proposed bulkhead alignment averages f7.8' waterward of NWL. See Subparagraph (7)(D) below. Subparagraph (7)(B) states, `Bulkheads shall be constructed landward of coastal wetlds� �q order to avoid significant adverse impacts to the resources." a aim Consistent: The proposed development is consistent with the intent of this rule. JUL 1 2020 MP SECTION WE) r Gregg Bodnar, Assistant Major Permits Coordinator Phillip Harrington Enterprises, LLC Major Permit Recommendations June 22, 2020 J U L 1 2020 Page 3 Subparagraph (7)(C) states, "Bulkhead backfill material shall be obtained JAM &Faanti°sAQ a NfHD approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead." Consistent: The applicants have indicated that clean upland fill will be used. Subparagraph (7)(D) states, `Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will causetheapplicant unreasonable hardship under the other provisions of this Rule; Consistent: The proposed development is consistent with the intent of this rule. The site has experienced significant erosion since the issuance of MP#14-09 on January 22, 2009. The majority of the wetlands that existed at that time have since disappeared due to erosion. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Consistent: The proposed development is consistent with the intent of this rule. (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Consistent: The proposed development is documented in a Field Investigation Report. (v) the property to be bulkheaded is in a nonoceanfront area. RECEIVED Consistent: The proposed development is consistent with the intent of this rule. JUL 01 2020 15A NCAC 07H.0209 Coastal Shorelines DCM-MHD CITY (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a r RECEIVE D Gregg Bodnar, Assistant Major Permits Coordinator Phillip Harrington Enterprises, LLC Major Permit Recommendations June 22, 2020 J U L 1 2020 Page 4 Pi g SF' T: F^5 5 1 management system capable of conserving and utilizing these shore ines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. Consistent: The proposed development is consistent with the intent of this rule. (d) 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, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. (2) All development projects,, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major 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 effectively 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 may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the. buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. RECEIVED Gregg Bodnar, Assistant Major Permits Coordinator Phillip Harrington Enterprises, LLC Major Permit Recommendations JUL 1 2020 June 22, 2020 Page 5 MP SECTION MHD Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high-water level, with the exception of the following: RECEIVED (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; JUL 01 2020 Consistent: The proposed development is consistent with the intent of this rule. DCM-MHD CITY Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a permit be issued to Phillip Harrington Enterprises, LLC for the development as proposed. vuvemar MICHAEL S. REGAN Seerefary BRAXTON C. DAVIS Dlremp May 28, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16.33) greng.bodnarAncdenr qov SUBJECT: CAMA Application Review Applicant: Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Dare County Proposed Project: Clear, fill and grade site, Install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, In the Town of KIII Devil Hills in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gr"cr Bodnar at the address above by April, 27, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext 235) when appropriate, in-depth comments with supporting data is requested. REPLY- This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME Cli IIWilVre(® AGENCY PyklrC Wa�1ih .Su,Or& saafci1 SIGNATURE �. RECEIVE DATE M AY 2 8 2020 PD Q� �P SECTION MHD North Carolina Department of Environmental Quality I Division f CoastalManagement Elizabeth City office I401 Suuth Griffin Street. Suite 3001 EllzabethCity. North Carolina MOO 2542613401 ROY"L'L1L PER C..e.ntu MICHAEL S. RF:G-W' BCAkT()S,r C.17,1b'i i D'rrw . May 28. 2020 FROM: Gregg Bodnar, Assistant Major Permits Coord'cnator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 29557 Faac 252-247-3330 (Corrrier 04-46-33) Areeo-bodn anf�nnde nr.o ov SUBJECT: CAAfAAppii6tier Review Applicant Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Aare County Proposed Project Clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Say Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at fhe address above by June 18, 2020. If you have any questions regarding the proposed project, contact Ran $g0gWbk252-264-390E, ext. 235}when appropriate, in-depth comments with supporting data is requested_ REPLY: This agency has no objection to the project as proposed. X "Additional comments may be attached" This agency hes no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described In the attached comments. PRINT NAME Lee Padrick AGENCY NC Commerce SIGNATURE ;�L 1( w��g; DATE 5-28-20 RECEIVED M AY 2 8 2020 tt�r�T ,1 Al �1u IC1ION M Ii® ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 28, 2020 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(a)ncdenr.gov SUBJECT: CAMA Application Review Applicant: Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Dare County Proposed Project: Clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grerru Bodnar at the address above by June 18, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext..235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kacee C Zinn AGENCY NC/D�MF-Shellfish Sanitation RECEIVED SIGNATURE K(� for Shannon Jenkins DATE 6/2/2020 JUN 3 2020 MP SECTION MHD m,Hrnc.rrn�+D E 11 �n.�+mmuwmNu�wmwnr� . North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 ROY COOPER Governor NUCHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 28, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) pregg.bodnarOncdenr.gov SUBJECT: CAMA Application Review Applicant: Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Dare County Proposed Project: Clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by June 18, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached PRINT NAME ci+sxzr&du avAvVr AGENCY RECEIVED SIGNATUR DATE �^lo - aozo JUN 0 2020 ® �Z, MP SECTION MHC North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carollna 27409 2521643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charian OwenICP, NE District Planner Division of Coa tal Management . SUBJECT: Major Permit Request by Phillip Harrington Enterprises, LLC to install 175 linear feet of bulkhead with 61 linear feet of return wall along Kitty Hawk Bay and construct two (2) single-family houses with associated driveway, parking and septic system improvements; on two (2) contiguous parcels located on the west side of Bay Drive (Lots 1-2 and 3-5, Virginia Dare Shores subdivision) across from and north of its intersection with West Chowan Street, in the Town of Kill Devil Hills, Dare County. DATE: June 10, 2020 Consistency Determination: The request is consistent with/not in conflict with the 1997 Town of Kill Devil Hills Land Use Plan (LUP) certified by the CRC on March 24, 2000. Overview: The subject property consists of two (2) contiguous parcels under common ownership totaling .49 acre with a combined 163 linear feet of shoreline along Kitty Hawk Bay which connects to the Albemarle Sound. Water depths near the shoreline range from -.5 foot to — 1 foot below NWL. A 1 foot to 1.5 foot high erosion escarpment is located along the shoreline, landward of Normal Water Level (NWL). A 291 sq. ft. area of Coastal Wetlands and Section 404 wetlands is located along the shoreline at the northwest corner of the subject property. The highground is primarily vegetated with yard grasses and some trees. Elevations on the property range from .5 feet above NWL along the shoreline to 5 feet above NWL within highground areas. The subject property is located primarily within the AE (9) Floodzone, with some AE (8) Floodzone to the east near Bay Drive. Installation of 175 linear feet of bulkhead with 61 linear feet of return wall and construction of two (2) single-family houses with associated driveway, parking and septic system improvements are proposed. The bulkhead will connect to an existing bulkhead on an adjacent property to the south with a 37 foot long return wall section, run in a straight alignment, turn landward behind the Coastal Wetland, and end in a 24 foot long return wall section along the north property line. The alignment will average 7.8 feet waterward of NWL with a maximum distance of 16 f egLeerpVeIVED D E Q� i� Ys� JUN 1 0 2020 North Carolina Department of Environmental Quality I Division of Coastal Management {� p,P� Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909��� �°��y -y 19. N M141) 252.264.3901 1 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 4 of NWL Backfill material will consist of clean sand from an upland source. After the site is filled and graded, a 4-bedroom house will be constructed on Lot 1-2 and a 5-bedroom house will be constructed on Lot 3-5. Building elevations were not provided in the application. Both houses will be located greater than 30 feet from NWL. Both parcels will be served by public water supply. The waters of Kitty Hawk Bay in this area are classified as SC and Coastal Waters and are closed to shellfish taking. Based on available information, there appear to be no archaeological sites on or near the property. A 9 sq. ft. area of Submerged Aquatic Vegetation (SAV) is located near the shoreline. Anticipated impacts resulting from this project are expected to include: the filling of 903 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC), and; the disturbance of .26 acre of Estuarine Shoreline AEC and .22 acre of Highground landward of an AEC. The 9 sq. ft. area of SAV will be filled. No Coastal Wetland AEC impacts are proposed. Basis for Determination: The Town of Kill Devil Hills Land Classification Map identifies the site area as "Community". As indicated on Page V-3, Areas of Environmental Concern (AECs) are identified as "Conservation". As indicated on Page V-3, the "Community' class is to provide for clustered, mixed land uses at low densities for housing. Lands in this classification provide for a mix of low density housing and are generally not serviced by off -site wastewater. The purpose of the "Conservation" class is to provide for effective long-term management and protection of significant, limited, or irreplaceable areas. As indicated on Page V-4, acceptable uses include but are not limited to recreation areas, residential uses, and Town -owned or leased facilities. The following LUP policies may be applicable to this request: Areas of Environmental Concern: Page IV-3 "The Town supports the guidelines of the Coastal Area Management Act and the associated policies of the Coastal Resources Commission but reserves the right to oppose specific sections of the CAMA..." JUN 1 0 2020 mp sECTI®N MHD North Carolina Department of Environmental Quality Division of Coastal Management Stormwater Runoff: MEMORANDUM Page 3 of 4 Page IV-7 "The Town supports the mitigation of adverse impacts associated with stormwater runoff within Town limits ..." Restriction of Development within Areas Up to Five Feet Above Mean High Water Page IV-9 "The Town supports the restriction of development within areas up to five feet above mean high water susceptible to sea level rise and wetland loss." Bulkheads: Page IV-10 "The Town supports the continued construction of properly permitted estuarine bulkheads, but does not favor issuing bulkhead permits where substantial wetlands loss is imminent." Flood Plain Management: Page IV-11 "The Town supports the concept and practice of flood plain management and participation in National Flood Insurance Program Community Rating System." Fisheries and Nursery and Habitat Areas: Page IV-14 "With the exception of channel and maintenance dredging activities including beach nourishment dredging, the Town supports the protection of commercial and recreational fisheries, nurseries, and habitat areas." RECENTED J U N 1 0 2020 MP SECTION MHD North Carolina Department of Environmental Quality Division of Coastal Management Building Heights: Page IV-41 MEMORANDUM Page 4 of 4 "The Town supports the maintenance of its traditional low -profile image and skyline by limiting oceanfront and residential building heights to not more than 42 total feet..." Implementation, Page IV-42 "The Town will continue to enforce Chapter 21. Zoning. of the Town Code". Vegetation Removal: Page IV-47 "The Town supports retaining existing vegetation on lots and parcels to the extent practicable. The Town supports regulations to require preservation of existing vegetation." r- J U N 1 0 2020 MP SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 28, 2020 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) areoo.bodnar ncdenr.aov SUBJECT: CAMA Application Review Applicant: Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Dare County Proposed Project: Clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greuo Bodnar at the address above by June 18, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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" }ti 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 L)o.r.tia 41,k\i ark AGENCY SctblCu Pp Aeo'r.t]4 6�..IitAi ����ED -. SIGNATURE (�k.�1 "AJu� e��� ow d' DATE 6 ' to - 2-o JUN 1 0 2020 D_EQ> MP SECTION PAtTE) ma Vwury North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Grifnn Stree6 Suite 300 1 Elizabeth City. North Carolina 279D9 252.264.3901 ROY COOPER Govema' MICHAEL S. REGAN Secrerary BRAXTON C. DAVIS Direrror May 28, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(a)ncdenr.gov SUBJECT: CAMAApplicationReview Applicant: Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Dare County Proposed Project: Clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by June 18, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME\t<IlR �JUt�I(�7TS ^ IGCa\ rrr,.r o�w� AGENCY SIGNATURE Sw—cGvnvn�n� Wt\` 1"��U� DATE / IS/2t9 RECEIVED ., JUN 1 5 2020 'nrth Carolina Department of Environmental Clu-04Y I Div,iinn of Coastal M,meacmem Ellziberh CiteOffice. 40IS0uth Grlff'n5t,eet,Suae 700:C!iaaite!h Cie.. north Carn!t} o 252.264.3001 �SECTION MHA Bodnar, Gregg From: Harrison, James A Sent: Tuesday, July 21, 2020 4:42 PM To: Bodnar, Gregg Subject: Re: [External] RE: Phillip Harrington Enterprises Gregg, Apologies for the delay - I believe Chris (taking over for Anthony) was going to send you an update. If you haven't received anything yet, after discussing with Anthony and Maria, DMF will have no additional comments to provide. While I'd prefer to cut back the impacts to SAV, it seems more important to conserve and protect the more dense SAV that was found, as opposed to the smaller, sparse SAV within the footprint. Thanks Gregg! Jimmy Jimmy Hanson Ha6itat and Enhancement `jection NC Division of Marine risheries james.harrison@ncclenngov 252-948-3855 Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, July 17, 2020 2:27 PM To: Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; 'Pelletier, Josh R CIV CESAW CESAD (USA)' <Josh.R.Pelletier@usace.army.mil> Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Subject: RE: [External] RE: Phillip Harrington Enterprises Hey all, Just getting back from leave and wanted to check in to see about some project we left off on. Please let me know if the SAV survey has resulted in any comments. Gregg From: Bodnar, Gregg Sent: Tuesday, June 30, 2020 8:41 AM To: Ken <ken@kenobx.com> Cc: Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; 'Pelletier, Josh R CIV CESAW CESAD (USA)' <Josh.R. Pelletier@ usace.army.mil>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Subject: RE: [External] RE: Phillip Harrington Enterprises Thanks Ken, From the sound of your email it looks as though there will be discussion with DWR about bulkhead realignment to reduce the SAV impacts. The 75 day is 7/18/20, and I will be on leave at that time and with these discussions the project will be extended. I would loop in DMF, USACE and WRC as well in those immediate discussions. But if these talks produce an agreeable outcome, there should not be much delay. I have also cc'd Our DM in Elizabeth City so he is up to date. Once I come back from leave I will contact you and see how the discussions went and reassess. Thanks, Gregg From: Ken <ken@kenobx.com> Sent: Monday, June 29, 2020 12:15 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.eov> Cc: Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pullinger, Robert C <chris.oullinger@ncdenr.gov>; 'Pelletier, Josh R CIV CESAW CESAD (USA)'<Josh.R.Pelletier@usace.armv.mil>; Peoples, Audy J <Audy.Peooles@ncdenr.gov> Subject: [External] RE: Phillip Harrington Enterprises Gregg, Please find attached a site map for the Phillip Harrington Enterprises, LLC shoreline project in Dare County, which shows results of an SAV survey performed there by me on Tuesday morning, June 23, 2020. Tide was 6 inches above normal that day. SAV Site-1 (87 SF) contained milfoil, widgeon grass, and wild celery. Site-2 (4 SF), Site-3 (43 SF), and Site-4 (2 SF) contained widgeon grass and wild celery. Anthony Scarbraugh with DWR is making a site visit there on Thursday, July 2 at 10:00 AM to confirm erosion amounts, wetlands, and any needed bulkhead re -alignment. He will also look at the SAV sites. I have invited Audy Peoples with CAMA Elizabeth City to be there. Thanks, please let me know if you have any questions. Ken Elliott Elliott Consulting PO Box 112 Aydlett, NC 27916 USA Phone:252-339-9021 Fax: 888-637-6241 Email: ken@kenobx.com From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, June 22, 2020 10:11 AM To: ken@kenobx.com Cc: Harrison, James A <James.Harrison (cancdenr.gov>; Dunn, Maria T. <maria.dunnPncwildlife.org>; Pullinger, Robert C <chris.oullinger@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (USA)<Josh.R.Pelletier@usace.armv.mil> Subject: Phillip Harrington Enterprises Morning Ken, DMF has provided concerns (above) with the location of the bulkhead as it relates to SAV. Since a complete SAV survey was not provided DMF is requesting one be completed to quantify potential impacts. If this survey is able to be completed in the next 5 days the processing time will be able to continue. But if there is a need for additional time to complete the survey and provide it to the resource agencies then please let me know and I will send out a hold letter for the request. I have CC'd DMF and the other resource agencies as I will assume they are interested in the same information. If there are any questions specific to the survey please contact DMF directly, otherwise please reply to this email with any updates related to the survey so all interested agencies will have the information. If you have any questions please let me know, Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management i Department of Environmental Quality 252 888 28M ext 21S (Office) Gre nar ncdenr.gov &=H correspondence to and from this address is subject to the North Carolina public Records law and may be disclosed to third parties. 4 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 28, 2020 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) Grego.bodnarancdenr.gov SUBJECT: CAMA Application Review Applicant: Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Dare County Proposed Project: Clear, fill and grade site, install a bulkhead and construct two residential dwellings atthe intercession of Bay Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grepa Bodnar at the address above by June 18, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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. X This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE DATE CLhZ.22 �QiL2LQ6IL 19 June 2020 RECEIVED J U N 1 9 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264,3901 3 MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permit Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Phillip Harrington Enterprises, LLC, Dare County DATE: June 18, 2020 ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director RECEIVED JUN 1 9 2020 MP SECTION MHD A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that impact fish and fish habitats. The proposed project is located at the intersection of Bay Drive and West Chowan Street, Kill Devil Hills, within Dare County. The applicant is proposing to install a vinyl bulkhead that is approximately 236 feet in length, including returns. The bulkhead will average 7.8' waterward of normal water level (NWL) line, with a maximum distance of approximately 16 feet. Two site visits were conducted in 2020 - one in February and one in March. During one of these site visits, approximately nine square feet of submerged aquatic vegetation (SAV) was observed within the fill area. These site visits took place prior to the beginning of the active growth period for SAV in the area. Therefore, considering the nature of SAV to expand during growing periods, it's possible that the SAV has increased in size since the site visit Prior to commencement of work, and in order to accurately assess the proposed project, DMF requests that an SAV survey be completed. Furthermore, there was no mention of avoidance and/or minimization measures described in regards to impacts to SAV, such as development options that would avoid placing fill material in/over vegetated SAV habitat. Additionally, the proposed project is in close proximity to Special Secondary Nursery Area (SNA) for various fish species. SNA are estuarine waters commonly used as a developmental transition zone where later juvenile development takes place for fish species in these area. Species found in these areas are typically a mixture of juveniles that have migrated from the primary nursery areas (PNA) upstream, sub -adults, and adults. Shallow habitats with coastal wetlands, such as this one, provide vulnerable juvenile fish with protection from predators, an abundance of food, and water temperatures preferable to juvenile species. Because it is in such close proximity to this important habitat type, it is reasonable to assume that comparable habitat occurs within the project location. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Bois 769 1 Morehead City, North Carolina 28557 252-726-7021 4 Therefore, DMF recommends that a moratorium from April 1 through September 30 be included in the permit in order to minimize impacts to fish species. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 or at iames.harrisonOncderingov with any further questions or concerns. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Bon 769 1 Morehead City. North Carolina 28557 252-726-7021 Received: 6/9/2020 Historic Preservation Office ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS DL o for NORTH CAROLINA Environmental Quality ER 20-1198 Due: 6/17/2020 A-- NC NCH 06/10/2020 May 28, 2020 MEMORANDUM: S-- NC KBH 07/14/2020 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) Qregg.bodnar(a)ncdenr.00v SUBJECT: CAMA Application Review Applicant: Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Dare County Proposed Project: Clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. 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 June 18, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley R 5EC EEIV E D AGENCY Historic Preservation Office SIGNATURE mau" JUL 1 7 2020 DATE 07/15/2020 UP SECTION NIHD North Carolina Department ofEnvbonmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Gnffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 2522643901 Bodnar, Gregg From: Sent: To: Cc: Subject: Attachments: Maria and Jimmy, Scarbraugh, Anthony Wednesday, July 8, 2020 8:01 AM Dunn, Maria T.; Harrison, James A Pullinger, Robert C Harrington Bulkhead Harrington Bulkhead.pdf Please take a look at the updated figure with the property lines, wetland extent, AEC, erosion escarpment, water line and bulkhead alignment provided by Mr. Elliott. Let me know what you think. Anthony Anthony Scarbraugh Environmental Specialist II, Water Resources "►j` North Carolina Department of Environmental Quality D E 252.948.3924 (Office) Anthony. Scarbraugh@ncdenr_gov t Harrington Bulkhead 2018 Aerial Overlay •i_-Y 's' R OOM wo ,tJ r 4 LL1t # 00� 1 0 e w o 0 t 0 };. OLKI 000• :.. � Legend o% 75 aec new .� Bulkhead Line j � CAMA Coastal W L Line �% CAMA NW L April 2020 a°D Dense SAV Bed Waterward of Line Erosion Escarpment d Flags Denoting SAV Boundary a-D Patches of SAV 4�y Photo ail. Property Lines .� USACE WL I Bodnar, Gregg From: Dunn, Maria T. Sent: Thursday, August 27, 2020 2:40 PM To: Bodnar, Gregg Subject: RE: [External] RE: Philip Harrington CAMA Application Gregg, I know this project has had modifications and has lingered a bit in between, so if confirmation of NCWRC's position is needed, we have no further comments or objections after review and receipt of the modified plans from your email on July 31. If the project or permit changes in the future, please continue to notify our agency. Thank you. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, July 31, 2020 8:32 AM To: Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; donna@kdhnc.com Subject: FW: [External] RE: Philip Harrington CAMA Application Morning all, After consultation with the agencies updated plans are available for the CAMA project for Philip Harrington. In summary the bulkhead has been moved landward to reduce impact to SAV. Please review these updated plans and provide any comments as soon as possible. Thanks, Gregg From: Ken <ken(&kenobx.com> Sent: Thursday, July 30, 2020 10:14 PM To: Bodnar, Gregg <greRR.bodnar0ncdenr.eov> Bodnar, Gregg From: Dunn, Maria T. Sent: Thursday, July 23, 2020 6:25 AM To: Bodnar, Gregg; Pullinger, Robert C Cc: Harrison, James A Subject: RE: [External] RE: Phillip Harrington Enterprises Attachments: Harrington Bulkhead Gregg, We had discussions while you were away with Jimmy and myself agreeing with the overall design Anthony provided in the attached email. I did ask if Mr. Harrington ever considered rock just in front of the bulkhead to dissipate energy, reduce scour, and provide foraging — but that is not a requirement or request really —just asking Anthony if during discussions it came up since Mr. Harrington is putting riprap along the wingwalls to dissipate energy from the wetlands. Jimmy did mention that if additional shoreline development were to occur (pier) that he would appreciate consultation to see if alignment could miss the SAV areas. I know sometimes those permits are GPs, so it would be good if it could be flagged so if a GP is pursued, those thoughts could be taken into consideration for alignment. With all that being stated, NCWRC concurs with the alignment and overall shoreline protection design from Mr. Elliot received and reviewed by NCDWR in the attached email. If discussions or changes to the project design occurred after the date of the attached proposal, please contact me to discuss. Thank you. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.ora Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, July 22, 2020 1:59 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pullinger, Robert C <chris.puIlinger@ncdenr.gov> Subject: FW: [External] RE: Phillip Harrington Enterprises Hey all, Just wanted to check in based on Jimmy's comments below. Thanks, Gregg From: Harrison, James A <James.Harrison@ncdenr.eov> Sent: Tuesday, July 21, 2020 4:42 PM To: Bodnar, Gregg <grege.bodnar@ncdenr.aov> Subject: Re: [External] RE: Phillip Harrington Enterprises Gregg, Apologies for the delay - I believe Chris (taking over for Anthony) was going to send you an update. If you haven't received anything yet, after discussing with Anthony and Maria, DMF will have no additional comments to provide. While I'd prefer to cut back the impacts to SAV, it seems more important to conserve and protect the more dense SAV that was found, as opposed to the smaller, sparse SAV within the footprint. Thanks Gregg! Jimmy Jimmy f Jarrison Na6itat and Enhancementjection NC Division of Marine risheries james.harrison@ncdenr.gov 252-948-3835 Email correspondence to and from this address is subject to the North Carolina Public Records Imr and may be disclosed to third parties. From: Bodnar, Gregg <greae.bodnar@ncdenr.eov> Sent: Friday, July 17, 2020 2:27 PM To: Harrison, James A <James.Harrison(@ncdenr.aov>; Dunn, Maria T. <maria.dunn@ncwildlife.ore>; Pullinger, Robert C <chris.oullinaer@ncdenr.gov>;'Pelletier, Josh R CIV CESAW CESAD (USA)' <Josh.R.PeIletier@usace.army.mil> Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.eov> Subject: RE: [External] RE: Phillip Harrington Enterprises Hey all, Just getting back from leave and wanted to check in to see about some project we left off on. Please let me know if the SAV survey has resulted in any comments. Gregg From: Bodnar, Gregg Sent: Tuesday, June 30, 2020 8:41 AM To: Ken <ken@kenobx.com> Cc: Harrison, James A <James.Harrison @ncdenr.eov>; Dunn, Maria T. <maria.dunn@ncwildlife.orp>; Pullinger, Robert C <chris.pullineer@ncdenr.eov>; 'Pelletier, Josh R CIV CESAW CESAD (USA)' <Josh.R.Pelletier@usace.army.mil>; Renaldi, Ronald <ronald.renaldi@ncdenr.Qov> Subject: RE: (External] RE: Phillip Harrington Enterprises Thanks Ken, From the sound of your email it looks as though there will be discussion with DWR about bulkhead realignment to reduce the SAV impacts. The 75 day is 7/18/20, and I will be on leave at that time and with these discussions the project will be extended. I would loop in DMF, USACE and WRC as well in those immediate discussions. But if these talks produce an agreeable outcome, there should not be much delay. I have also cc'd Our DM in Elizabeth City so he is up to date. Once I come back from leave I will contact you and see how the discussions went and reassess. Thanks, Gregg From: Ken <ken@kenobx.com> Sent: Monday, June 29, 2020 12:15 PM To: Bodnar, Gregg <erea¢.bodnar@ncdenr.eov> Cc: Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.ora>; Pullinger, Robert C <chris.pullinser ncdenr.eov>;'Pelletier, Josh R CIV CESAW CESAD (USA)' <Josh.R.Pelletier@usace.armv.mil>; Peoples, Audy J <Audv.Peoples@ncdenr.¢ov> Subject: [External] RE: Phillip Harrington Enterprises o External email Dornof click�lmksor�open at achments unless you verify Sendsall susic% pous emailias:an to attachment Gregg, Please find attached a site map for the Phillip Harrington Enterprises, LLC shoreline project in Dare County, which shows results of an SAV survey performed there by me on Tuesday morning, June 23, 2020. Tide was 6 inches above normal that day. SAV Site-1 (87 SF) contained milfoil, widgeon grass, and wild celery. Site-2 (4 SF), Site-3 (43 SF), and Site-4 (2 SF) contained widgeon grass and wild celery. Anthony Scarbraugh with DWR is making a site visit there on Thursday, July 2 at 10:00 AM to confirm erosion amounts, wetlands, and any needed bulkhead re -alignment. He will also look at the SAV sites. I have invited Audy Peoples with CAMA Elizabeth City to be there. Thanks, please let me know if you have any questions. Ken Elliott Elliott Consulting PO Box 112 Aydlett, NC 27916 USA Phone:252-339-9021 Fax:888-637-6241 Email: ken(a@kenobx.com From: Bodnar, Gregg <gregg.bodnar@ncdenr.eov> Sent: Monday, June 22, 2020 10:11 AM To: ken@kenobx.com Cc: Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pullinger, Robert C <chris.puIlinger@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Subject: Phillip Harrington Enterprises Morning Ken, DMF has provided concerns (above) with the location of the bulkhead as it relates to SAV. Since a complete SAV survey was not provided DMF is requesting one be completed to quantify potential impacts. If this survey is able to be completed in the next 5 days the processing time will be able to continue. But if there is a need for additional time to complete the survey and provide it to the resource agencies then please let me know and I will send out a hold letter for the request. I have CC'd DMF and the other resource agencies as I will assume they are interested in the same information. If there are any questions specific to the survey please contact DMF directly, otherwise please reply to this email with any updates related to the survey so all interested agencies will have the information. If you have any questions please let me know, Thanks, Gregg rxwai,. Kf+�Cq.."aD E Q Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 $08 2808 ext 215 (Office) Gre &WftpWncdenrVvv Email correspondence to and from this address is subject to the North Carolina Public Retards low and may be disdosed to third parties. [2018 arrington Bulkhead Legend Aerial Overlay 75 aec new - ' a% Bulkhead Line E • a ` CAMACoastal WLLine % CAMA NW L April 2020 a ; ° % Dense SAV Bed Waterward of Line a �a i 6% Erosion Escarpment y a S Flags Denoting SAV Boundary It Patches of SAV Photo Property Lines USACE WL W. � l t s'i ctf•t g[f a D o Google Earth yA W Regulatory Division SAW-2020-00969 Mr. Jonathan Howell RECEIVED S E P 1 7 2020 Division of Coastal Management North Carolina Department of Environment h�3 PSECTION N7 H D and Natural Resources 400 Commerce Avenue. Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Please reference the application of Phillip Harrington for Department of the Army authorization to construct 236 linear feet of bulkhead across two lots, backfill approximately 903 square feet, adjacent to Kitty Hawk Bay, at lots 1-2, 3-5 in Virginia Dare Shores Subdivision, in Kill Devil Hills, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. It has been determined that the activities authorized do not impair the usefulness of the USACE Navigation project and are not injurious to the public interest. 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 maintenance of this project, in such a manner as to impair normal flows and circulation patters within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTRrscx`' #VEp saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. S E P 1 7 2020 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 i U.S. Army Corps of Engineers within 24 hours of the permittee's discove 49TIO N M H D 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/mammal/manatee—Odelines.pdf. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Sincerely, Josh Pelletier Regulatory Project Manager RECEIVE® SE? I l 2020 idSP SECTION MVID' Ron Renaldi, District Manager Elizabeth City Elizabeth City Field Office North Carolina Division of Coastal Management RECEIVE® S E P 1 7 2020 PAP SECTION MHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Phillip Harrington Enterprises, LLC 2. LOCATION OF PROJECT SITE: Intersection of Bay Drive and W. Chowan Street, lots# 1-2 & 3-5, in the Virginia Dare Shores subdivision, Kill Devil Hills, Dare County adjacent to Kitty Hawk Bay. Lat/Long: 36.044824 ° N,-75.6900390 W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 02/20/2020 03/17/2020 Was Applicant Present — Yes (02/20/2020) 5. PROCESSING PROCEDURE: Application Received Complete — ^' 12020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Kill Devil Land Classification Frorr (B) AEC(s) Involved: Estuarii `��(/\— -stuarine Shorelint (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: 1 (F) Type of Structures: E �\ '" PI, with (G) Estimated Annual Rate of Erosit Source - applicant 7. HABITAT DESCRIPTION: DRFD, ., , Pn r)TWPP (A) Estuarine Waters 903 ftz (B) Estuarine Shoreline 11,425 ftz filled/disturbed (C) Highground Landward of AEC 9,376 ftz filled/disturbed (D) Total Area Disturbed: 21,704 ftz (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No RECEIVED 8. PROJECT SUMMARY: The applicant is proposing to clear, fill and grade the site, install a bulkhead waterward of Normal Water Level (NWL) and construct twcMAY 2 8 2020 residential dwellings. DCM-MHD CITY Phillip Harrington Field Investigation Report Page 2 Project Setting The site of the proposed development is located at the intersection of Bay Drive and W. Chowan Street, lots# 1-2 & 3-5 (between 3014 and 2916 Bay Drive) in the Virginia Dare Shores subdivision, Kill Devil Hills, Dare County adjacent to Kitty Hawk Bay which connects to the Albemarle Sound. The site consists of two vacant vegetated lots that total ±21,102 ft2 (0.49 acres) in size (Lot 1-2 is ±9,435 ft' and Lot 3-5 is ±11,667 ft2). Elevations range from ±0.5' above NWL along the shoreline to ±5' above NWL within the highground area. The highground area is vegetated by live oak, southern wax myrtle, centipede grass and Bermuda grass. Based on the available information, there does not appear to be any archaeological sites on or adjacent to this property. In total, this shoreline is ±163' in length with a 1-1.5' erosion escarpment that has formed landward of NWL. A ±291 ft' area of coastal and 404-wetlands is located in the northwest corner of Lot 3-5. The coastal wetlands have been identified as giant cordgrass and the 404 wetlands have been identified as black willow, pond pine, groundsel tree, sweet bay, morning glory and wild onion. The adjacent property to the north has an unhardened wetland shoreline with a single family dwelling and driveway in the highground area. The adjacent property to the south has an unhardened wetland shoreline with a bulkhead landward of the wetlands, a docking facility and a single family dwelling and driveway in the highground area. The waters of Kitty Hawk bay are classified as SC, are closed to the taking of shellfish and considered coastal waters. Water depths in the proposed work area range from 0.5' below NWL to 1' below NWL. Prior permitting on these Lot's include: - CAMA Major Permit #14-09 issued January commenced during the life of the permit. - 401 Water Quality Certification GC3641 - DWQ Project #08-1347 - Stormwater General Permit COC #SW7080821 - Stormwater General Permit COC #SW7081102 - USACE Action ID #SAW-2007-02222 Development Proposal 22, 2009 in which no development In order to prevent further erosion to both Lots, the applicant proposes to stabilize the shoreline through the construction of a vinyl bulkhead. The total length of the proposed bulkhead is ±236', including returns. Starting at a point on the adjoining north property line of Lot 3-5, the bulkhead alignment will run westward for 24' until reaching the edge of the delineated wetlands, it will then turn south and west for 35' remaining landward of the area of coastal and 404-wetlands. The alignment will then turn soul . glVED straight line parallel to the shoreline for ±140' to the southern property line of Lot 1- alignment will then turn eastward running 37' to tie into the existing bulkhead corner on the adjacent property. The proposed alignment will -.average ±7.8' waterward of NWL MrPfli $8 2020 DCM-MHD CITY Phillip Harrington Field Investigation Report Page $ maximum distance of±16'. Water depths within the backfill area average ±0.5' below NWL and backfill material will be clean sand fill from and upland source. According to the submitted plan, the bulkhead will have a height of 3' above NWL. One 9 ft2 area of Submerged Aquatic Vegetation (SAV) was found within the backfill area. After the bulkhead is completed, the the site will be filled and graded. On each Lot, a single family dwelling with associated septic systems and driveway/parking areas will be constructed >_50' landward of the bulkhead (now location of NWL). The total impervious coverage in the 75' estuarine shoreline AEC on Lot 1-2 will be ±2,028 ft2 (21.5%) and Lot 3-5 will be ±2,975 ft2 (25.5%). The overall total impervious coverage for Lot 1-2 will be ±2,405 ft2 (25.5%) and Lot 3-5 ±3,558 ft2 (30.5%). Total disturbed area is anticipated to be ±20,811 ft2 for both tracts combined. Both dwellings will have a septic tank for wastewater treatment and the water supply will be municipal. Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±903 ft2 of the Estuarine Waters and Public Trust Area AECs with clean fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the placement of ±87 cubic yards of fill material waterward of NWL. • The total disturbed area will be ±20,811 ft2. • Sediment and erosion control techniques are anticipated to be needed along the bulkhead to prevent unconsolidated material from flowing over the wall into the adjacent wetlands until the area is stabilized by vegetation. • The total impervious coverage in the 75' estuarine shoreline AEC on Lot 1-2 will be ±2,028 ft2 (21.5%) and Lot 3-5 will be ±2,975 ft2 (25.5%). • The overall total impervious coverage for Lot 1-2 will be ±2,405 ft2 (25.5%) and Lot 3-5 ±3,558 ft2 (30.5%). • There are no known archeological resources being impacted by the proposed development. Submitted by: Audy Peoples via Ron Renaldi Date: 5/26/2020 RECEIVED MAY 2 8 2020 DCM-MHD CITY Received RV 4 - nv.tl Chowan Street Shoreline Improvements Harrington Enterprises, LLC DCM-EC Kill Devil Hills, North Carolina, Dare County The Chowan Street Shoreline Improvements bulkhead project is being undertaken by Phillip Harrington Enterprises, LLC, Elizabeth City, NC, Phillip W. Harrington, owner. Construction will be on two adjacent parcels owned by Harrington Enterprises at the intersection of Chowan Street and Bay Drive on Kitty Hawk Bay in Kill Devil Hills. The construction of new bulkhead will preserve the parcels from further erosion by wave action generated from Kitty Hawk Bay and Albemarle Sound. The bulkhead construction will be in preparation for construction of two residential dwellings on the two parcels. This cover letter and narrative will discuss and give details of the construction project. Parcel overview and Current Shoreline The two parcels Involved in this project, Lot 1-2 & Y, Chowan Street and Lot 3-5, are vacant grass and foliage covered lots in between two other residences along Bay Drive. Total shoreline length of these parcels is 163 feet. There is a 291 sq. ft. area of coastal and 404 wetlands on the shoreline at the northwest corner of Lot 3-5, which was identified as such by US Army Corps of Engineers site visit on January 16, 2020 and by LAMA site visit on March 17, 2020. Rising water levels in Kitty Hawk Bay and Albemarle Sound have allowed moderate erosion of land behind the current NWL along most of the shoreline from wave action and overwash, creating a 1 - 1.5 foot escarpment landward of the NWL. Harrington Enterprises intends to construct new vinyl or wood bulkhead waterward of the current escarpment and landward of the current normal water line (NWL), roughly halfway between the two. Starting at a point on the adjoining north parcel line between Lot 3-5 and the Tasch parcel, a bulkhead return will run westward for 24 feet until reaching the edge of the delineated wetland, then turn south and west for 35 feet to wrap around the delineated wetland, then turn south in a straight line parallel to the shoreline for approximately 140 feet until reaching the adjoining parcel line between Lot 1-2 and the Jenkins parcel. The bulkhead will then turn eastward in a 37 foot return until it joins an existing bulkhead corner on the Harrington -Jenkins property line. Future plans of Harrington Enterprises include construction of two piers extending into Kitty Hawk Bay. Construction will be permitted through modification of this CAMA Major Permit. Bulkhead Construction Phillip Harrington Enterprises, LLC will be the contractor and builder for this project. The contractor will use standard bulkhead construction using pressure treated 12-foot long 8"x 12" piles, 6"x 6" wales, 6-foot long 8"x 8" dead -man piles with W rods, minimum 7' long wood or corrugated vinyl sheeting, and galvanized hardware. Piles will be washed down 9 feet below normal water level and wood or vinyl RECEIVED MAY 2 8 2020 DCM-MHD CITY sheeting will be washed down 4 feet below normal water level. Bulkhead construction details are shown on page 3 of 3. New bulkhead height will have a 14" wide wood plank top cap covering the top wale and wood or vinyl sheeting. To dress up the final construction, the contractor will then fill in behind the bulkhead with topsoil for an additional 12 foot width, which will be graded, leveled and sown with groundcover. Access to both parcels for construction activities will be onsite through the existing vacant parcels. The contractor will use loaders, skid -steers and forklifts to move materials to the work areas. It will not be necessary to cross wetlands to access the working areas with construction equipment. Bulkhead Backfill Lot 1-2 will require a total of 3029 sq. ft. of backfill of which 790 sq. ft. will be waterward of NWL and 2239 sq. ft. will be landward of NWL to the escarpment. Total backfill amount for Lot 1-2 will be 168.3 cu. yd. to fill to a 1.5-ft depth. Lot 3-5 will require a total of 382 sq. ft. of backfill of which 113 sq. ft. will be waterward of NWL and 269 sq. ft. will be landward of NWL to the escarpment. Total backfill amount for Lot 3-5 will be 21.2 cu. yd. to fill to a 1.5-ft depth. One 9-sq. ft. area of SAV in Lot 1-2 containing widgeon grass and wild celery will be covered by bulkhead backfill. SAV location is shown on sitemap. Total amount of bulkhead backflll required for both lots is estimated to be 190 cu. yds Upland Development Harrington Enterprises proposes to construct 2 residences on Lots 1-2 and 3-5 once bulkhead construction is complete and work area is graded and leveled. Proposed construction is planned as such: One 4-bedroom dwelling will be constructed on Lot 1-2 with concrete driveway and septage field behind the dwelling. Total impervious surface on the lot will be 2402 sq. ft. (25.5% of the tract). Total impervious surface that falls within the 6275 sq. ft. coastal shoreline AEC will be 1347 sq. ft. (21.5%of the tract). One 5-bedroom dwelling will be constructed on Lot 3-5 with concrete driveway and septage field behind the dwelling. Total impervious surface on the lot will be 3556 sq. ft. (30.5% of the tract). Total Impervious surface that falls within the 5724 sq. ft. coastal shoreline AEC will be 1458 sq. ft. (25.5% of the tract). Previous owner, Billy Roughton, previously applied for and received the following State permits. Copies are attached. CAMA Major Permit #14-09, 12/22/09 - shoreline stabilization, docking facility, uncompleted. Stormwater Permit COC #SW7080821, 12/5/08 -Lots 1-2, uncompleted. Received RECEIVED li,f 4- 20£8 MAY 2 8 2020 DCM-EC DCM-MHD CITY Stormwater Permit COC #SW7081102, 11/24/08 — Lots 3-5, uncompleted. 401 Water Quality Certification, 10/17/08, completed. Conclusion: All riparian landowners have been contacted and made aware of the proposed construction project. The landowners were contacted by certified mail on March 6, 2020 with Information about the construction project, which included maps, a narrative description of the project, and a copy of the full application package, including MP-1, MP-2 and MP-3. Phillip Harrington Enterprises, LLC does hereby request approval of this CAMA Major Permit and asks that it be expedited as soon as possible. Mr. Harrington appreciates your consideration of this application. Sincerely, ' ' if Ken Elliott Elliott Consulting Phillip Harrington Enterprises, LLC, Applicant April 29, 2020 Received MAY 4 -- 7Fr.0 DCM-EC RECEIVED MAY 2 8 2020 DCM-MHD CITY NATIONAL Kitty Hawk, NC a; GEOGRAPHIC "-- 75•44 .35 +36 n•u' '+3F C J. swm � 1rJ' :'F �.c ��I 'L, id +i�,� , y �` ��JI ' � • � aNa r�: G n EN y (CIIRy r .�. ,WIMWUHN1kNILlO•MC.Cti +' V � IJ 1 LYE)W.nN Si Ni(1JCLf `� Boy De r g P mw 1' slave IalenO \1 � � BV•nl C / L• . SlOoo Y, 1,+ lalentl q " • 4; IN 1- > z ` r N u 0 G � 1 �fj� N)0� i• n r. Z. 1A k. m e- -+� ,\ e nnOdons Pmm I 433-0--1E 75•w• •35 mu• 438 0 1000 2ND 400D 5000 1 .5 0 1,11014" 6 1 NACMZ/was. USN a.. Is MILES FEET 1000 0„,L..i.-f�G\/EI{9ED . MAY 2 8 2020 DCM-MHD CITY NO' VICINITY MAP O St „ I'r+ PHILLIP HARRINGTON ENTERPRISES, LLC CHOMAN ST /VA. DARE SNORES PROJECT Sa°b KILL DEVIL HILLS, NC DARE COUNTY j NVs�- MAP BY ELLIOTT CONSULTING oSt o^d \ DATE: 01/08/2070 ems , cv "' 9 " \ti GN K\St E \q S t NJIRRINGTON ENTERPRISES C MOMAII 17 PROJECT 6�T Dr S% Hank Da `K,tty4 Pa\ �, Npa sh `�den5 tti F'M1��Oa �s `K5v� ,lda�Ot % '4 f Cr Ceekk 'r ? � 'G 4\ O3a . a � ytp� Im e N Z \ L °6 e 1 s t N i Y. ors N _ HARRINGTON ENTERPRISES INDIAN DR/A2TEC ST PR07 ECT d n Received m _ m MAR 12 2020 O °iD o v ©CM -EC r1S a State Of YOfth Wait a OCT, Esn, HERE, Gamin, HATIIRIAI. wETLANLS IMYEIITOP) MAP P1IILL I DAPPTIIGTON FOlt PPPI:T`.. LIT I.DN CNOY/IN ST. PPO7FCT I.I7l. DCYII HILLS. NC DWC COUNTY MAP !f 91I T0TT CONSUL TI W. DATT_ ��L!UL ;l12V 5I TE 0 Received gym' Men 12 2020 o m DCM-EC � o v SOILS MAP PHILLIP HARRINGTON ENTERPRISES, LLC CHO'KAN ST PROJECT KILL DEVIL HILLS, NC DARE COUNTY NAP BY ELLIOTT CONSULTING DATE: 0110912020 RECEIVED MAY 2 8 20P0 DCM-MHD CITY ems741 ` s HAPRINGTON _T Y n s HAPRINGTON LOT snoREL NL -, �., �a 4. I �4 5 ... .1.� � \ / Lila!{;22f '§•°\ § 3 RECEIVED MAY 2§5§ DCM- MHD CITY AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: Lots 1-2 & 1/2 Chowan St; LOT NO. Lots 3-5 PLAN NO. PARCEL ID: STREET ADDRESS: Chowan Street & Bay Drive, Kill Devil Hills, NC Please print: Property Owner: Phillip Harrington Enterprises, LLC Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Ken Elliott of Elliott Consulting (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): PO Box 2232, 760 Pitts Chapel Road, Elizabeth City, NC 27909 Telephone: 252-335-4520 We hereby certify the above Information submitted in this application is true and accurate to the best of our knowledge. X u y� b)< Authorized Signature Authorized Signature Date: March 4. 2020 Date: Received Mae 12 11110 RECEIVED DCM-EC MAY 2 S 2020 DCM-MHD CITY March 13, 2020 Audy, Enclosed are the green cards for the riparian owner notifications for Phillip Harrington Enterprises Major Permit application that was submitted earlier this week for the KDH parcels bulkhead. The cards came in today. Thanks, Ken Elliott Received C MAD ) 6 WIt .r ■ Complete Items 1, 2, and 3. - nature - ■ Print your name and address 0n the reverse X 1 gee so that we can return the card to you. _ ■ Attach this card to the back of the manpiece, a��`ad by.(Pdnted Name) C. D• live or on the front h space permits. _ - S;ti�✓L — �_ 1 3 1 t � I tsoelrveryaddree9 dnrerem fmm Item 17 ❑ Ye: If YES, enter delivery address below: ❑ No Sheila S. Tasch 2605 Schiemann Court Chesapeake, VA 23321 IIIIIIIII IIII illlll l 11 lllllll�I III IIII IIII I III 3. Servl'a 11 0 Alum 9590 9402 3867 8060 4732 04 ccc mnm Ini 7018 1830 0000 3316 4043 PS Form 3811, July 2015 PSN 7690-02-0008053 . Received YW ° Nerity Mail EQxaas® are ❑ RuaWt Man*• Isle* Me)[ Re Wled N Roark eY I We es ohm MerdiandR 1 (� Bnvety ReaWMed Deh,,y �5!gnature ConRrmatbn�v ❑ en9"atContln Reslnctlq DaI1vOry Res6lded D"Mor,ry Dorrest C Retum Receipt ■ Complete hems 1, 2, and 3. A SIt3i ■ Print your name and address on the reverse X ... [3 Agent so that we can return the card to you, ❑Addresses ■ ach This card to the back of the maApleco, 0 on the front if spaoe permits. 9. e y ( mted'Neme} C. Date of Delivery L lok to: Is delivery addax difl ent from Ram 17 ❑ Yes BYES, enter delivery address -below: i] No Russell W., III & Sandra A. Jenkins Received 18623 Blueridge Mountain Rogd Bluemont, VA 20135 N"' 16 2020 IIIIIIIII IIIIIIIIIIIIIIIIIIIIII IIII III IIII IIII 3. °AdakUUN Awity Mai Expro55Y� 9590 9402 3867 8060 4731 98 El&ynai Adult &rtnaNre Rest Od Deli ❑Certified MOW evi ta%d Ma 1^ ° Replatered Mall ROSWIed' 2. /T Arti0le Number „/Bn$le/{(em SBMce !aloe/) ° candled Man Re ,,, DWf ery ❑ Collact on Delivary ❑Colloc!on ❑ Retum Receipt for Merch"dise 7018 1830 0000 3316 4036 Canery ReetMled Ddinery �Sgnaturp Conflrmation�" re °S1s"a'"'"°o°"nnnat,en YCRwlnctedDe Artery JO Reetno Cannery �S Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Rsoelpt DCM-EC RECEIVED MAY 2 S 2020 DCM-MHD CITY I Received M AV 6 7070 00 2 v DQM-EC ea fnti . �"a a �' one /Y") a 6Cv acL,,�, 4 J (&,� JA Ak., M*-. J bn a i 3 l� �oQaw 1 - /i0?u rn,.f O�u n J oyojaltev-�k you, pl)6M-- 75 sV/ aav9 RECEIVED MAY 2 8 2020 DCM-MHD CI w DATE: March 5, 2020 Received NAME: Sheila S. Tasch MAY 4 - 207.0 ADDRESS: 2605 Schiemann Ct. DMEC CITY: Chesapeake ST_j[,�ZIP 23321 11. RE: Adjacent Owner CAMA Application for Bulkhead Construction To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Phillip Harrington Enterprises, LLC is applying for a CAMA Major permit to _ construct a vinyl or wood bulkhead in preparation for residential home construction on two parcels on property located at Lots 1-2 & 1/2 Chowan St. and Lots 3-5 Kill Devil Hills NC 27948 , which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to Ken Elliott, Elliott Consulting, PO Box 112, AydlettNC 27916 as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at 252-339.9021 or the Division of Coastal Management at 252-264.3901. Sincerely, 0*"' EIy,HJ by I R EIIi Ken Elliott RR... E"M Wa IE .,.0nW,,y 0 �UW®f EtlawmmoU �m N%X2"3 e2M04 I have no objection to the project described in this correspondence. _X I have objection(s) to the project described in this correspondence. Sheila S. Tasch x Print Name Signature of Adjacent Property Owner 2605 Schiemann Ct., Chesapeake VA 23321 Mailing Address and/or Email Address 3/03la0z� Date 757-966-9919 Phone Number RECEIVED MAY 2 8 2020 OCM-MHD CITY DATE: March 5, 2020 NAME: Sheila S. Tasch Received MAP 9 6 IU(d ADDRESS: 2605 Schiemann Ct. DAM -EC CITY: Chesapeake ST VA ZIP 23321 RE: Adjacent Owner CAMA Application for Bulkhead Construction To Whom It May Concern: This correspondence is to notify you as a npanan property owner that Phillip Harrington Enterprises ILL C is applying for a CAMA Major permit to construct a vinyl or wood bulkhead in preparation for residential home construction on two on property located at Lots 1-2 & 1/2 Chowan St. and Lots 3-5. Kill Devil Hills NC 27948 , which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to Ken Elliott, Elliott Consulting, PO Box 112, Aydlett, INC 27916 as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the approprate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at 252-339-9021 _ or the Division of Coastal Management at 252-264-3901. Sincerely, oplvlry s�yne M Ken EFion Ken Elliott ON CN Ken CWW�ng Etbn®FonaXxcom Hectem anew m IM "votary ena inbpnry olNb neculMnl Loption: Ellien Cemunino Dols 20M03-052193:0" I have no objection to the project described in this correspondence, _X I have objection(s) to the project described in this correspondence. Sheila S. Tasch x ,/ o.�.-4 �O. e J Print Name Signature of Adjacent Property Owner 2605 Schiemann Ct., Chesapeake VA 23321 Mailing Address and/or Email Address 3/7 ,1.2f, z o Date 757-966-9919 Phone Number RECEIVED MAY 2 8 2020 DCM-MHD CITY Received N'^ 2 G NIO DCM-EC Sheila S. Tasch 2605 Schiemann Court Chesapeake, VA 23321 Dear Ms. Tasch: Elliott Consulting 202 Elliott Road PO Box 112 Aydlett, North Carolina 27916 Phone:252.339-9021 I am writing to you on behalf of Phillip Harrington Enterprises, LLC, Phillip Harrington, owner, who is applying for an NC Department of Environmental Quality CAMA Major Permit to construct 237 linear feet of new vinyl or wood bulkhead along the shoreline of property owned by Phillip Harrington Enterprises, LLC, located at Lots 1-2 & '/z Chowan Street, Block 89, and Lots 3-5, Block 89, Virginia Dare Shores, Kill Devil Hills, NC 27948 in Dare County, on Kitty Hawk Bay. This construction will be in preparation for residential home construction on the two parcels. The specifics of the proposed work are in the enclosed application forms and drawings. As you are an 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. If you have no objections to the project, please indicate as such on the enclosed owner's statement, sign and date the document, and then return the statement to my office in the enclosed self- addressed stamped envelope. Should you have any objections to this proposal, please send your written comments to Mr. &n_RengIdL NCDEQ Division of Coastal Management, 401 S. Griffin St., 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 comment 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 252-339-9021, or a -mail me at ken( kenobx.com. Mr. Phillip Harrington of Phillip Harrington Enterprises, LLC appreciates your consideration of this project. Thank you, Ken Elliott Elliott Consulting 3/5/2020 RECEIVED MAY 2 S 2020 d)CM-MHD CITY Russell W., III & Sandra A. Jenkins 18623 Blueridge Mountain Road Bluemont, VA 20135 Dear Mr. & Mrs. Jenkins: Elliott Consulting 202 Elliott Road PO Box 112 Aydlett, North Carolina 27916 Phone:252-339-9021 I am writing to you on behalf of Phillip Harrington Enterprises, LLC, Phillip Harrington, owner, who is applying for an NC Department of Environmental Quality CAMA Major Permit to construct 237 linear feet of new vinyl or wood bulkhead along the shoreline of property owned by Phillip Harrington Enterprises, LLC, located at Lots 1-2 & '/2 Chowan Street, Block 89, and Lots 3-5, Block 89, Virginia Dare Shores, Kill Devil Hills, NC 27948 in Dare County, on Kitty Hawk Bay. This construction will be in preparation for residential home construction on the two parcels. The specifics of the proposed work are in the enclosed application forms and drawings. As you are an 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. If you have no objections to the project, please indicate as such on the enclosed owner's statement, sign and date the document, and then return the statement to my office in the enclosed self- addressed stamped envelope. Should you have any objections to this proposal, please send your written comments to Mr. Ron Renaldi, NCDEQ Division of Coastal Management, 401 S. Griffin St., 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 comment 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 252.339-9021, or e-mail me at kenC(4kenobx.com. Mr. Phillip Harrington of Phillip Harrington Enterprises, LLC appreciates your consideration of this project. Thank you, Ken Elliott Elliott Consulting 3/5/2020 Received MAR 12 2020 DCM-EC RECEIVED MAY 2 S 2020 DCM-MHD DATE: March 5, 2020 NAME: Russell W., III and Sandra A. Jenkins ADDRESS: 18623 Blueridge Mountain Road CITY: Bluemont ST VA Zlp 20135 RE: Adjacent Owner CAMA Application for Bulkhead Construction To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Phillip Harrington Enterprises LLC is applying for a CAMA Major permit to construct a vinyl or wood bulkhead in preparation for residential home construction on two parcels on property located at Lots 1-2 & 1/2 Chowan St -and Lots 3-5 Kill Devil Hills NC 27948 which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to Ken Elliott, Elliott Consulting, PO Box 112 Aydletl, NC 27916 as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at 252-339-9021 or the Division of Coastal Management at 252-264-3901. Sincerely, Ken ElliottDNDD.""� • DpYYypneE b/Nm ElYo11 ro VO.. nx.om. i.nwiwu.ww,.er-eim.wro.'.Md .r. ".`=— E-� LxM EIIMD 1, Dm mm 21 on I have no objection to the project described in this correspondence. I have objection(s) to the project described in this correspondence. Russell W., III & Sandra A. Jenkins x Print Name Signature of Adjacent Property Owner 18623 Blueridge Mountain Rd., Bluemont. VA 20135 Mailing Address and/or Email Address Received MAR 12 2020 DIME Date 540-554-2573 Phone Number RECEIVED MAY 2 8 2020 DCM-MHD CITY G ' �� APPROVED DARECOUNTY 0 � 1,/LND7'RALNSPPlt AX N DARE REAL ESTATE COHNTY TRA NSPCR TAX LT Recorded: 12/19/2019 04:4816 PM BY: CLAUDIA HARRINGTON Cheryl L. House, Register o1 Deeds Dare County, NC Fee Arm $26.00 NC Excise Tax 1o00.00 BOOK 2343 PAGE 745 (3) 70DID72337 III 1111111 It 11111111111 LI NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identifier No. Verifiedby ___Countyonthe_dayof ,zo By: Mail/Box This instrument was prepared by: Evans& Meads, PLLC. 106-A Ascension Drive Kitty H k NC 27949 Brief description for the Index: LOT4. Block 89.Vkgine Dare Shores, THIS DEED made this 19d1 day enf December 2019 , by and between Jennifer R. Owens, unmtaried and Amy R. Etheridge and husband, Patrick Travis Pangle PO Box 1877 n� Kill Devil Hills, NC 27948 Enter in appropriate block for each Grantor and Grantee: The designation Grantor and Grantee as used herein shall inch plural, masculine, feminine or neuter as required by context. W ITNESSEPH, that the Grantor, for a valuable consideration these presents does grant, bargain, sell and convey unto the G situated in the City of Kill Devil Hills North Carolina and more particularly described as follows: Phillip Harrington Enoaprises, LLC PO Box 2232 Elizabeth City; NC 27909 mailing address, and, if appropriate, character of entity, e.g. panics. dseirheirs, successors, and assigns, and shall include singular. 7mnw, the receiptofwhich is hereby acknowledged. has and by simple, all that certain lot, parcel of land or condominium unit e Township, Data County. See ExhlbitA attached G O The property bereinabove described was acquired by Grantor by instrument recorde�rTi`8aok 221 J page 196&209 All or a portion of she properly herein conveyed _includes or _� does not include"primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 2 pQ, 131, Pas, 142 Y NC nar A.m. Porn No, 301976. RemM 01977.2W2. 2a13 Y` This aumlW fmm hn heo srymvd by: NOW by Aerteri wh the NC Bat Aauxralim -IWI KoM Cyoliee Bar M...-NC BarF Nn3 O `V Received MAP 12, 7020 D -EC RECEIVED MAY 2 8 2020 DCM-MHD C Book 2343 Page 745 TO HAVE AND TO HOLD the aforesaid Interfered of land and all privileges and appurtenances thereto belonging to [he Grantee in fee simple. [he Grantor covenants with the Grantee, that Granmr N seized of the premises in fee simple, has the right to convey the same in fee le, that title is marketable and free and clear of all encumbrances, and that Granmr will warrant and defend the brie against the lawful cl' s of all persons whomsoever, other than the following exceptions: Rcgt&e Covenants and Easements of record. Ad ViiIdfim Taxes. IN WI'r.VS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. —I?% ar Sin , C . Q iAA-LA&_ (SEAL) By. (Enlity.Name) P Vrype. e: Jeennnifer R.Owens R. Z y (SEA[I Priatffype Name AIW Prio fyp Name:•y� ' Ry. s-fW<-ti- SEALI PrinVfype.Name & Tit&4 PrinsType Name:�pdckTnvis Ptrrol� Priniffype Nam &Title, '45 PrinVlype State of NorthCamina _ . Countym Cityof Dare 1. de undersigned Notary Public of the Coiflfypp.lUtit JDate and State aforesaid. certify that JennfierR Owncs and Am R. Ffierid �•�' :l . y'r pannnally appeared before me this day and acknowledged the due execution of the foregoing instrument ue4e ps`r�x dlercin as s6Q. Worsen my hand and Nomnal stamp or eal this 19th dayof December .20 19. ✓O Z •t 10(td = �/l\)� r)MyCommission Expires:: O � Al V C V + d: :Jpory Public fAffia Stall "s' .► Noney's Printed or Typed Nam of No hCarolina -Cm I, the undersigned Notary Public execution of the foregoing instrument for the purposes December .20 19. name and State aforesaid, certify that ms�in�r ptasanally appeared before me this day and acknowledged thedue BsgtoLvN.O.'ss my hand and Notarial stamp or seal this 19d1 duy of My Commission Expires: to2I c nri°a^tv - (Affix Seep e y c Notary's tary Public g_ n m _a tary's Printed or Typed Name 1, the undersigned Notary Public of the Coumy or City of and State aforesaid, certify that personally came before roe this day and acknowledged that _he is the of , a North Carolina or corporatimiAmited liability campanylgenoa,,armenhiptlimited partnership(strike through the inapplicable), and that by authority duly given and as the act of such entity. —he ligned the foregoing instrument in its Dame units behalf as its act and deed. Witness my hood and Notarial stamp or sent, this _�ay of , 20— My Communion Expires: X�-- _.Notary Public (Affix Sal) NOI s Primed or Typed Name Pye tor] NC Bar Au9rlaaun Fum N. 301116. Reviud01911.J 02 W13 In, d Printed by Aprcmme With the \C By A.vrieioa - 198t ay. vdf ,bat been appmed by. NwWrix Bar At. tarn-k Bar Farm No.3 Oy�x '!m �Y Received MAR 19,7020 aECE1VE0 1)("MIC MAY 2 8 NZI t)CM-MHD Book 2343 Page 746 EXHIBIT A Beginning at an existing Iron rod located on the west right of way or margin of Bay Drive, said existing Iron X�ijod being in and marking the point of Intersection of the center line of the street formerly known as N'Ahowan Street with the west ern right of way or margin of Bay Drive in the Town of Kill Devil Hills, North olina; thence running South 69'15'00" West 40 feet to a set iron rod; thence, continuing through said i 15ro�pdpS^outh 69'15'00" West 110 fee to a set iron rod; thence continuing through set iron rod South 69 C West 20 feet more or less to the mean high water mark of Kitty Hawk Bay; thence turning and running along and with the mean high water mark of Kitty Hawk Bayand the various meanderings thereof North N-V'21" West SD.06 feet to a point; thence turning and running along and with said mean high water mo of Kitty Hawk Bay and the various meanderings thereof North 65'15'04' West 40.04 feet to a point on to can high water mark of Kitty Hawk Bay and on the boundary line between Lots 2 and 3 of Virginia Da ihores Subdivision in KIII Devil Hills, North Carolina; thence turning and running North 69'15'00' Ea 12,66 feet to a point on the west right of way margin of Bay Drive and a corner; thence turning and ru g South 8'S9'02" East 83.08 feet along and with the west right of way margin of Bay Drive to an exist on rod and the point and place of BEGINNING. For a more particular description of the property her nabove described reference is made to that survey entitled "Survey for Billy G. Roughton, Lots 1 & 2, Block 89, Virginia Dare Shores & part of Chowan St. R/W, KIII Devil Hills, North Carolina," prepared by Eastern Development Services, Donald E. Wood, Professional Land Surveyor, dated the 27'" day of March, 20, to which reference is hereby made for a more particular description or the property hereinabove deadbed. O The above referenced proper4gbcludes the northern half of what was formerly known as Chowan Street, said street having been aband nlf Pci by the Town of Kill Devil Hills by resolution dated October 25, 1995, which has been recorded prior Itt' AND C �tt is deed. � Lots 3, 4, and 5, Block 89 in the subdivI4 known as Virginia Dare Shores as shown on map or plat of said subdivision recorded In Map Book 2, Pag�i 1, Dare County Registry, reference to which is hereby made for a more particular description of the pro®rty herein conveyed. l' Received wo ) z 2020 RECEIVED DME'C MAY 2 8 zon Book 2343 Page 747 DCM-MHD CITV ROY COOPER Covanar MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO. Susan Simpson The Coastland Times Manteo, NC 27954 lega Is(o)thecoastlandtimes. net FROM: Ella Godfrey DATE: May 28, 2020 SUBJECT: Public Notice: Phillip Harrington Enterprises, LLC Please publish the attached Notice in the Sunday, May 31, 2020 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Ellie Davis, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28657, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File �D� Q� RECEIVED North(arolim Department of Environmental Quality I Division or Coastal Management MAY 2 S 2000 Elizabeth City Offke 1 401 South Griffin Street, Suite 300 i Elizabeth City, North Carolina 27909 252.264390I 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 05/04,20. Phillip Harrington Enterprises, LLC proposes to clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, in the Virginia Dare Shores subdivision in the Town of Kill Devil Hills 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 06/20120, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, May 31, 2020 '" ` Q North Carolina Department of Environmental Quality 1 Division of Coastal Management ❑Iraheth City Office 1 401 South Onffln Street, Sutte 3001 Elinheth City. North Carolina 27909 252,264.3901 RECEIVED MAY 2 8 2020 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor Env7ronmenta/Quallry MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 28, 2020 Phillip Harrington Enterprises, LLC Phillip Harrington 760 Pitts Chapel Road Elizabeth City, NC 27909 Dear Mr. Harrington: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. It was received complete on May 4, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is July 18, 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 May 4, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-I 19(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your 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. D_E QL RECEIVED North Carolina Department of Environmental Quality I Dlvislon of Coastal Management MAY 2 8 2020 Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252264.3901 DCM-MHD CITY Phillip Harrington Enterprises, LLC Phillip Harrington May 28, 2020 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 me, if you have any questions and or if you wish to receive a copy of the field report. Since Ron Renaldi l District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Kenneth Elliott, Elliott Consulting, Aydlett, NC RECEIVED MAY 2 8 2020 DCM-MHD CITY LU NOT 1 (000 1m?A W. CAMA PERM -IT APPLIED FOR PROJECT: clear, fill and grade site, install a bulkhead and construct two residential dwellings COMMENTS ACCEPTED THROUGH rune 20, 2020 APPLICANT: FOR MORE DETAILS' CONTACT Phillip Harrington Enterprises, LLC THE LOCAL PERMIT OFFICER BELO'v%' Phillip Harrington i � Ron Renaldi 760 Pitts Chapel Road 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 Elizabeth City, NC 27909 252-335-4520 252-264-3901, ext. 235 cc a U i,. o r I - ' — STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT GENERAL PERMIT NO. SWG010000 CERTIFICATE OF COVERAGE NO. SW SW7080821 CONSTRUCT, OPERATE AND MAINTAIN IMPERVIOUS AREAS ASSOCIATED WITH A SINGLE FAMILY RESIDENCE In compliance with the provisions of North Carolina General Statute 143-215.1, as amended, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and 15A NCAC 21-1.1000, the Stormwater rules, Billy Roughton, Owner is hereby authorized to construct, operate and maintain impervious areas associated with the construction of a single family residence and the associated storrmwater, runoff located at Virginia Dare Shores Lot 1-2 Post Office Box 870 Kitty Hawk, North Carolina 27949 Dare County to receiving waters designated as Kitty Hawk Bay, class SC waters in the Pasquotank River Basin, in accordance with the provisions of the General Permit for Single Family Residences, No. SWG010000, and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for the subject project. This Certificate of Coverage shall become effective December 5, 2008. Signed this the Fifth day of December 2008. COMMISSION for Division of Water Quality By Authority of the Environmental Management Commission Received MAP 12 1020 DCM-EC RECEIVED MA1 S 8 2020 DCM-MHD CITY 10 . vvorv,- , State Stnrmwater Management Systems rermtt No SWG010000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN IMPERVIOUS AREAS ASSOCIATED WITH A SINGLE FAMILY RESIDENCE UNDER 15A NCAC 2H .1000 In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations promulgated and adopted by the North Carolina Environmental Management Commission. All owners or developers of projects where either a CAMA Major Permit or a Sedimentation Erosion Control Plan approval is required, and a single family residence is proposed, are hereby authorized to construct, operate and maintain impervious areas in compliance with the General Permit conditions and the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules'), the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this general permit. The General Permit sball become effective on September 1, 2003. Signed this 13th day of August. 2003. Original signed by Alan W. Klimek, P.E. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Received tt A A 12 2029 DCM-EC RECEIVED MAY 2 8 2020 DCM-MHD CITY State Stonnwater Management Systems Permit No. SWG010000 PERMITTED ACTIVITIES Until this permit is modified or rescinded, permittees are authorized to construct, operate and maintain impervious surfaces associated with the construction of a single family residence, which has met the following standards. All stormwater runoff from these projects shall be in accordance with the attached schedules as follows. Section A — Final Limitation and Controls Section B — Schedule of Compliance Section C — General Conditions STANDARD CONDITION FOR GENERAL PERMITS This General Permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the DWQ or appropriate delegated agency by the filing of a Notice of Intent (NOIj and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to the construction of any impervious surfaces or stormwater runoff associated with the construction of a single family residence. Any owner or developer not wishing to be covered or limited by this General Permit may make application for an individual Stormwater Management Permit in accordance with NCAC 2H.1000, stating the reasons supporting the request. Any application for an individual permit should be made at least 90 days prior to the time the permit is needed. This General Permit does not cover activities covered by an individual permit. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be rescinded and coverage under this General Permit be provided. The definition of any word or phrase in this General Permit shall be the same as given in Article 21, Chapter 143 of the General Statutes of North Carolina, as amended. Other words and phrases used in the General Permit are defined in 15A NCAC 2H.1002. Received t16R 12 7070 DCM-EC RECEIVED MAY 2 8 2020 DCM-MHD CITY State Stotmwater Management Systems EGM t No. SWGOI OM SECTION A: FINAL LBAITATIONS AND CONTROLS During the period beginning on the effective date of the general permit, the Permittee is authorized to construct, operate and maintain impervious surfaces associated with a single family residence. Stormwater runoff from the permitted impervious surfaces shall be in accordance with the following conditions: 1. A minimum 30' wide vegetated buffer is required to be maintained between all impervious surfaces and the normal high water line. 2. The nmoff from all impervious surfaces must be directed away from surface waters to the extent practicable. 3. To the extent practicable, the proposed built -upon area must be maintained at or below the applicable low density level. 4. The approved Site & Grading Plan and Erosion Control Plan (if required) will be followed. 5. Roof drainage may not be piped directly to the receiving stream. All roof drains and gutters must terminate at least 30' from the mean high water mark. 6. The approved Site & Grading plan shall contain the following items: a. A clear vicinity map showing the direction and distance to the nearest town or city, street name, street number and the nearest intersection of two major roads. b. The receiving waters. C. The site drawn to scale showing all proposed built -upon surfaces. d. All existing and proposed contours and spot elevations. e. A legend of all symbols used on the site plan. f. A delineation of the property lines with bearings and distances. g. A delineation of jurisdictiona1401/404 wetlands and coastal wetlands, or a note on the plans stating that none exist. h. A delineation of the 575' AEC area as applicable. i. A delineation of the 30' buffer area. j. A calculation of the proposed amount of built -upon area. No new stormwater piping shall be allowed except that minimum amount necessary to direct nmoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access. Long runs of pipe, or pipes that discharge directly to surface waters, are prohibited. 8. The amount of built -upon area must be minimized as much as possible. Received MAR 12 2020 DC%&VED MAY 2 6 2020 DCM-MHD CITY State Stormwater Management Systems Permit No. SWG0I0000 SECTION S: SCHEDULE OF COMPLIANCE The permittee shall at all times provide adequate stabilization measures in conformance with the approved Site & Grading Plan and Erosion Control Plan. 2. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request, 3. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, including, but not limited to, the following items: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign of, addition to or deletion of the approved amount of built -upon area, regardless of size. e. Further subdivision of the project area. f. Alteration of the proposed drainage. 4. The Director may determine that revisions to the project will require a modification to permit coverage. 5. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the General Permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shalll provide copies of revised plans and certification in writing to the Director that the changes have been made. Received MCP 12 2020 DCM-EC RECEIVED MAY 2 8 2020 DCM-MHD CITY State Stormwater Management Systems SECTION C: GENERAL CONDITIONS Permit No. SWGO 10000 1. Failure to abide by the conditions and limitations contained in the General Permit is considered a violation of NCAC 2H.1000, and is grounds for enforcement action in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C, or for certificate of coverage termination, revocation and reissuance, or modification in accordance with NCGS 143-215.1. 2. The certificate of coverage is not transferable except after notice to and approval by the Director. In the event of an ownership change, the Director may require a separate N01 and certificate of coverage. The approval of this request will be considered on its merits, and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Director approves the transfer. 3. The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in NCGS 143- 215.1 and 15A NCAC 2H.1000. 4. The certificate of coverage is issued in accordance with this general permit and may be modified, revoked and reissued, or terminated for cause. The notification of planned modifications or non-compliance does not stay any general permit condition. 5. Upon the presentation of proper credentials, and during normal business hours, the permittee shall allow the Director, an authorized representative of the Director, or DENR staff, to enter the property, inspect the project for compliance with the permit, and sample or monitor for water quality. 6. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 7. Any person who knowingly makes any false statement, representation, or certification regarding the project shall be subject to civil or criminal penalties. 8. The General Permit, Notice of Intent, Certificate of Coverage, approved plans and supporting documentation are considered public record and are open for inspection. Received Mee 12 2020 DCM-EC RECEIVED MAY 2 8 2020 DCM-MHD CITY Lof 3-5 Received W 12 2020 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DCM-EC DIVISION OF WATER QUALITY STATE STORMN ATER MANAGEMENT GENERAL PERMIT NO. SWG010000 CERTIFICATE OF COVERAGE NO. SW7081102 CONSTRUCT, OPERATE AND MAINTAIN IMPERVIOUS AREAS ASSOCIATED WITH A SINGLE FAMILY RESIDENCE In compliance with the provisions of North Carolina General Statute 143-215.1, as amended, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and 15A NCAC 2H.1000, the Stonnwater rules, BXY Roughton, Owner is hereby authorized to construct, operate and maintain impervious areas associated with the construction of a single family residence and the associated stormwater runoff located at Virginia Dare Shores Lot 3-5 Post Office Box 870 Kitty Hawk, North Carolina 27949 Dare County to receiving waters designated as Kitty Hawk Bay, Gass SC waters in the Pasquotank River Basin, in accordance with the provisions of the General Permit for Single Family Residences, No. SWG010000, and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for the subject project. This Certificate of Coverage shall become effective November 24, 2008. Signed this the Twenty -Fourth day of November 2008. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Coleen H. Sullins, Director for Division of Water Quality By Authority of the Environmental Management Commission RECEIVED MAY 2 S 2020 DCM-MHD CITY State Stormwater Management Systems rervtit No. SWGO10000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN Received IMPERVIOUS AREAS ASSOCIATED WITH Mae 12 2020 A SINGLE FAMILY RESIDENCE DCM-EC UNDER 15A NCAC 211.1000 In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations promulgated and adopted by the North Carolina Environmental Management Commission. All owners or developers of projects where either a CAMA Major Permit or a Sedimentation Erosion Control Plan approval is required, and a single family residence is proposed, are hereby authorized to construct, operate and maintain impervious areas in compliance with the General Permit conditions and the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules'), the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this general permit. The General Permit shall become effective on September 1, 2003. Signed this 3�_ day of August. 2003. Original signed by Alan W. Klimek, P.E. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission RECEIVED MAY 2 8 2020 DCM-MHD CITY State Stormwater Management Systems PmWt No. SWG010000 PERMITTED ACTIVITIES Until this permit is modified or rescinded, permittees are authorized to cons'Lruct, operate and maintain impervious surfaces associated with the construction of a single family residence, which has met the following standards. All stormwater runoff from these projects shall be in accordance with the attached schedules as follows. Section A —Final Limitation and Controls Received Section B — Schedule of Compliance MAR 12 2020 Section C — General Conditions STANDARDSTANDARDCONDITION FOR GENERAL PERMITS t7CM-EC This General Permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the DWQ or appropriate delegated agency by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to the construction of any impervious surfaces or stormwater runoff associated with the construction of a single family residence. Any owner or developer not wishing to be covered or limited by this General Permit may make application for an individual Stormwater Management Permit in accordance with NCAC 2H.1000, stating the reasons supporting the request. Any application for an individual permit should be made at least 90 days prior to the time the permit is needed This General Permit does not cover activities covered by an individual permit. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be rescinded and coverage under this General Permit be provided. The definition of any word or phrase in this General Permit shall be the same as given in Article 21, Chapter 143 of the General Statutes of North Carolina, as amended. Other words and phrases used in the General Permit are defined in 1 SA NCAC 2H.1002. RECEIVED MAY 2 8 2020 DCM-MHD CITY State Slormwater Management Systems Permit No. SWG010000 SECTION A: FINAL LEWITATI®NS AND CONTROLS During the period beginning on the effective date of the general permit, the Permittee is authorized to construct, operate and maintain impervious surfaces associated with a single family residence. Stormwater runoff from the permitted impervious surfaces shall be in accordance with the following conditions: 1. A minimum 30' wide vegetated buffer is required to be maintained between all impervious surfaces and the normal high water line. 2. The runoff from all impervious surfaces must be directed away from surface waters to the extent practicable. 3. To the extent practicable, the proposed built -upon area must be maintained at or below the applicable low density level. 4. The approved Site & Grading Plan and Erosion Control Plan (if required) will be followed. 5. Roof drainage may not be piped directly to the receiving stream. All roof drains and gutters must tertrunate at least 30' from the mean high water mark. 6. The approved Site & Grading plan shall contain the following items: a. A clear vicinity map showing the direction and distance to the nearest town or city, street name, street number and the nearest intersection of two major roads. b. The receiving waters. G. The site drawn to scale showing all proposed built -upon surfaces. d. All existing and proposed contours and spot elevations. e. A legend of all symbols used on the site plan. f. A delineation of the property lines with bearings and distances. g. A delineation of jurisdictiona1401/404 wetlands and coastal wetlands, or a note on the plans stating that none exist. h. A delineation of the 575' AEC area as applicable. i. A delineation of the 30' buffer area. j. A calculation of the proposed amount of built -upon area. No new stormwater piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access. Long runs of pipe, or pipes that discharge directly to surface waters, are prohibited. 8. The amount of built -upon area must be minimized as much as possible. Received kf" 12 2020 DCM-EC RECEIVED MAY 2 S 2020 DCM-MHD CITY State Stormwater Management Systems Permit Nq SWG010000 SECTION B: SCHEDULE OF COMPLIANCE 1. The permittee shall at all times provide adequate stabilization measures in conformance with the approved Site & Grading Plan and Erosion Control Plan. 2. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 3. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, including, but not limited to, the following items: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign of, addition to or deletion of the approved amount of built -upon area, regardless of size. e. Further subdivision of the project area. f. Alteration of the proposed drainage. 4. The Director may determine that revisions to the project will require a modification to permit coverage. 5. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the General Permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Received mAg 12 2020 DCM-EC RECEIVED MAY 2 8 2020 DCM-MHD CITY State Stonnwater Management Systems Permit No. SWOOt0000 SECTION C: GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in the General Permit is considered a violation of NCAC 2H.1000, and is grounds for enforcement action in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C, or for certificate of coverage termination, revocation and reissuance, or modification in accordance with NCGS 143-215.1. 2. The certificate of coverage is not transferable except after notice to and approval by the Director. In the event of an ownership change, the Director may require a separate NOI and certificate of coverage. The approval of this request will be considered on its merits, and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Director approves the transfer. 3. The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in NCGS 143- 215.1 and 15A NCAC 2H.1000. 4. The certificate of coverage is issued in accordance with this general permit and may be modified, revoked and reissued, or terminated for cause. The notification of planned modifications or non-compliance does not stay any general permit condition. 5. Upon the presentation of proper credentials, and during normal business hours, the permittee shall allow the Director, an authorized representative of the Director, or DENR staff, to enter the property, inspect the project for compliance with the permit, and sample or monitor for water quality. 6. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 7. Any person who knowingly makes any false statement, representation, or certification regarding the project shall be subject to civil or criminal penalties. 8. The General Permit, Notice of Intent, Certificate of Coverage, approved plans and supporting documentation are considered public record and are open for inspection. Received MAP 12 21+20 DCM-EC RECEIVED MAY 2 S 2020 1DCM-MHD CITY Michael F. Ewley, Govomor North Carolina Department of Environment and Naturai IT,, October 17. 2008 Mr. Billy Roughton Post Office Box 1877 Kill Devil Hills, NC 27948 Subject Property: Lots 1-2 and 3-5, Virginia Dare Shores Kitty Hawk Bay, Albemarle Sound COleen H. Sullins, Director Division of Water Quality Chuck Wakild, P.E., Deputy Director Division of Water Quality DWQ Project # 09.1347 Dare County Approval of 401 Water Quality Certification (GC3641) with Additional Conditions Dear Mr. Roughton: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.091 acres of wetlands as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on August 29, 2008. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3641 covers these water impacts. In addition, you should get or Otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, complying with all conditions. If total fills for this. project (now or in the new owner must be given a copy of this Certification and approval letter and is thereby responsible for the future) exceed one acre of wetland or 150 linear feet 'of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved Received 11rA.0 12 2020 The following impacts are hereby approved as long as all of the other specific and general condigddg M-EC of this Certification (or Isolated'Wetland Permit) are met. No other impacts are approved including incidental impacts: North Carolina Division of Water Quality Inkmat h2o.mn.etatBmus 943 Washington Square Mall Phone: 252.946-6481 Washington, NC 27899 FAX 252-946-9215 An Equal OPportunity/AKrmative Action Employer- 50 % Recycled/to%Post OO113uinst Paper o e NiCarohna " '""tA(r,"&ECEIVED MAY 2 8 2020 DCM-MHD CITY 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3 64 1. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631. Sincere , 4C4.For een . 30l i�is --- Enclosures: Certificate of Completion GC 3641 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit CAMA, Doug Hugget, Morehead Office CAMA, Ron Renaldi File copy Received MAR 12 2020 DCM-EC RECEIVED MAY 2 S 2020 DCM-MHD CITY WQC #3641 CAMA PERMIT 401 WATER QUALITY CERTIFICATION AND WRITTEN DIVISION OF WATER QUALITY CONCURRENCE FOR SPECIFIED BOAT RAMPS, BULKHEADS, SHADING, PIERS, MAINTENANCE DREDGING, UTILITY LINES AND UPLAND DEVELOPMENT This General Certification and written concurrence is issued In conformity with requirement of Section 401, Public Laws 92-500 and 96.217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 28 .0200 for the discharge of fill material as described in General Permit 19BOW291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3351 issued on March 18, 2002 and WOC 3490 issued March 28, 2003. This Water Quality Certficabon (WQC) is rescinded when the Corps of Engineers re- authorizes these Nationwide or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality (DWQ). The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303. 306 and 307 of the Public Laws 92-500 and 95.217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities covered by this General Certification do not require written concurrence from the Division of Water Quality as long as they comply with all conditions of this General Certification, the CAMA Permit and General Permit 19M291. If any condition In this Certification cannot be met, then the applicant is required to submit an application and receive written concurrence from DWQ prior to beginning work; The following activities do not require written concurrence and do not require payment of the 401 Water Quality Certification fee- Boat Ramps and associated access (i.e., roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands may not exceed 100 square feet and except when associated with new marinas, subdivisions and commercial development); o Shoreline protection measures that tie into existing bulkheads, land or other shoreline protection measures or do not extend waterward of the water line more than 10 feet, provided that the activity will not involve the excavation or filling of any SAV or shellfish resources and impacts less than 500 square feet of vegetated wetlands or less than 100 square feat of coastal wetlands; o Piers and docks designed to accommodate fewer than 10 vessels and the water depth is greater than three feet; • Maintenance dredging of less than 0.5 acres of water or non -vegetated wetlands provided that the applicant can provide written documentation showing the historic dimensions of the dredged channel, and no Submerged Aquatic Vegetation or shellfish beds are excavated or filled; o Projects that only involve shading of waters or wetlands; • Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as wetland or water impacts are temporary; Received RECEIVED MAR 12 2020 DCM-EC MAY 2 s 2020 0CM-MHD CITY WQC #3641 Upland development which involves no more than 1110 of an acre of excavation or filling of non -coastal wetlands, with the exception that no more than 2,000 square feet of the non -coastal excavation or filling may take place within an Area of Environmental Concern For the purposes of this area calculation, the excavation or filling impacts of boat ramps, bulkheads or other shoreline stabilization measures must be considered. The applicant must comply with all applicable coastal slormwaler rules; Single family home construction that results in fill of 404 wetlands as long as written concurrence is not required from DWQ for the applicable Corps of Engineers Nationwide Permit. 3. Activities authorized by Coastal Area Management Act (CAMA) General permits do not require written concurrence from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 4. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must Include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies by the Division of Coastal Management; 5. This certification does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. Specifically, the permilee shall contact the North Carolina Division of Water Quality to determine consistency with the Nause or Tar -Pamlico Buffer Rules (15A NCAC 28.0233 and .0259) (or any other river basins with Buffer Rules In effect at the time of application). Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar - Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 28 .0233 and .0259. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification, 6. Appropriate sediment and erosion control practices that equal or exceed those outlined in the most recent edition of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DENR Regional or Central Offices) shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTU's in freshwater streams and rivers; 25 NTU's in all saltwater classes, and all lakes and reservoirs); 7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 8. If an environmental document Is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 9. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the stale until the concrete has hardened; Received MAP 12 2629 DCM-EC RECEIVED MAY 2 S 2020 DCM-MHD CITY WQC #3641 10, This General Certification is not applicable to a project where the Director of the Division of Water Quality or the Director of the Division of Coastal Management have determined, based on an Initial review of the application, that written concurrence is needed because of concerns related to water quality or aquatic life. 11. Additional site -specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification in order to ensure compliance with at applicable water quality and effluent standards; 12, If written concurrence Is required for this activity, DINO shall be sent a written notification within 30 days of completion of the wetland or stream impact or upon expiration of the 404 Permit or 401 Certification. Such notification shall be sent to the Central Office of the Division of Water Quality on the form provided with the Certification, shall be accompanied by a map depicting the work completed, and shall be signed by the land owner or other responsible party; 13. Applications for dprap groins proposed in accordance with 15A NCAC 07H .1401 INC Division of Coastal Management General Permit for construction of Wooden and Riprep Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 14. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice of Violation from the Division of Land Resources and/or the Division of Water Quality are required to submit a complete application and receive written concurrence to use this Certification regardless of the proposed impact amount to streams, wetlands, and waters. 15..When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DW Q when all work included in the 401 Certification has been completed; 16. Standard Erosion and Sediment Control Practices: Erosion and sediment control practices must be In full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained In accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, Including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all tines. Received Ineo 12 2020 ,RECEIVED DCM-EC MAY 2 8 2020 DCM—MHD CITY WQC #3641 17. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparianareas beyond the footprint of the impacts depicted in the Pre -construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 18. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion controldevices In wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon wafer quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 19 March 2007 DIVISION OF WATER QUALITY By t �6 m Alan W. IGmek, P.E. Director WQC # 3641 Received MAR 12 2020 DCM-EC RECEIVED MAY 2 8 2020 DCM-MHD CITY 24- North Carolina Department of 6vironmRent and Natural Resources Division gf.Water Quality . 0e4q. Ea"s Perdue Golsen H. Sullins . 6ertKit ` Director Dee Freeman Secretary DWQ.PtojectNo.: — -- County: Applicant: Project Name: Date Or Issuance of 401 Water Quality Certification; _ Certificate of Completion Upon completion of all work subsapproved within the 401 Water Quality Certification or applicable Buffer Rules, and any equent modifications, the applicant is required to retum this certificate to the 401/Wetiands Unit, North Carolina Division the Water a u,sauth650Ivtail Service CenIer,.Raleigh, NC, 27699-1650. This form may be retumed'm DWQ by the applicant the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from au of these. Applicant's CeiYrfrearlon 1, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was'observed to be built within substantial compliance and intent pf the 401 Water Quality Certification and Buffer Rules, the approved plans and spceifiications, and other supporting materials. Signature: - Date: Agent's Certouxt(gn hereby state that, to the best of my abilities, due care and diligence was used n the observation of the construction such that the construction was observed to be built within substantial compliance and intent materials. 401 Water Quality. Certification and Buffer Rules, the approved plans and speci6catioac and other supporting Signature: Date: V(hisproject was designed by C6W led professional 1. as a duly registered Professional Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (i.e., Engineer, landscape. . the construction of the project, for the Permitea hereby state (periodically, weekly, w time) in the observation ofthe Y that to the beat of my abilities, due care and diligence was used coni t Corti such that the COnsRuction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials..- Signature: Registration No. Date. ,, Received M11 AP �2 ar200220 1650 MaA Sernta Center, Rdeo Monti CamlHu 27t�1M DC •'tC . . Lomtlon: 512 N Salsbury St Floor 9 Raleigh NoM Camino 27603 Phone: 919-MT41M FAX 919V?-6494 /'�� _ ..inlemetww.mralggwky,py . . tav �+2tt-0lina. MEqalOppdpyyblNMnativeAcbnEmpbiarKi�y RECEIVED MAY 2 8 2020 DCM-MHD CITY certification of Com letion DWQ Project No.: --________ County: Applicant: Project Name: Date of Issuance of Wetland Permit: Certificate of Com ►etion Upon completion of all work approved within the 401 Water Quality Certification, and arty subsequent modifications, the applicant is required to return this certificate o the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all he these. of Applicant's Certification 1, eby that, to e best of my used in the and intent of the construction s1 uchrth tstheeconstrueion was observedpo be bes, due uIt withindiligence substantial compliance and intent of the 401 Water Quaiity Certification, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification 1, used in the observation of the construction s' herthtstate that, to he best f my abilities, bcuailte and diligencewithin bswas compliance and intent of the 401 Water Quuch ality Certification, the approved Glans and :a _ ___ Signature: _ Date: If this project was designed by a Certified Professional 1, as a ly registered Landscape Architect, Surveyor, etc.) in the State of NorthdCaroli a, having professional ed to observe weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, duet care (periodically, and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification, the approved plans and specifications, and other supporting materials. Signature: ---___ Registration No. —�_ Date Received Mel 12 7020 DCM-EC RECEIVED MAY 2 8 2020 DCM-MHD CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00282 County: Dare County U.S.G.S. Quad: Kitty Hawk NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Phillip Harrington Enterprises, LLC Mr. Phillip Harrington Address: Post Office Box 2232 Elizabeth City, NC 27909 Email: Bea rGa rdenAem baromaii.com Telephone Number: 252-312-4500 Size (acres) Lots 1-2Y, (0.216) Lots 3-5 (0.267) Nearest Town Nearest Waterway Kitty Hawk Bay River Basin USGS HUC 03010205 Coordinates Location description: parcel#029610000. Indicate Which of the Following ADDIv: A. Preliminary Determination Received MAY 4 - 2u20 Kill Devil Hills DCM-EC Albemarle-Chowan Latitude: 36.0044875 Longitude:-75.690050 X There are wetlands on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which Is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Pagel of 2 RECEIVED MAY 2 S 2020 DCM-MHD CITY SAW-2019-01528 _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish This wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). Von should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Billy Standridge at (910) 251-4595 or Billy. W.Standridee( .usace.armv.mil. C. Basis For Determination: The wetlands within the Property were delineated using the Corps of Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0. D. Remarks: The wetlands within the review area are depicted on the attached survey for Phillip Harrington Enterprise_ LLC — Lot 3-5. Block 89 — Virginia Dare Shores dated 1/23/2020 No wetlands are present within Lots 1 2/ E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: N �� Received Date: April 1.2020 Expiration Date: N/A RECEIVED M.4Y lenj MAY 2 8 2020 DCM-EC DCM-MHD CITY SAW-2019-01528 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htti)://corpsmapu.usacc.army.mil/cm apex/f?p=136.4.0. Copy Furnished: Mr. Ken Elliot Elliot Consultine P.O. Box 112 Avdlett. NC Zw kenna kenobx.com Received MAY 4 - M RECEIVED DCM-EC MAY 2 S 2020 DCM-MHD CITY SAR'-2019-01528 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Phillip Harrington Enterprises, LLC Flle Number: SAW-2020-00282 Date: April 1, 2020 Attached is: I See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htti)://www.usace.ariny.miVMissions/CivilWork/Re ug latoryProgramandPermits aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Received WY 4 - 2C20 RECEIVED DCM-EC MAY 2 S 2020 DCM-MHD CITY SAW-291941529 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Philip Shannin, Administrative Appeal Review Officer Attn: Billy Standridge CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opeLrturnity to -cipate in all site investiions. Date: Telephone number: Signature of appellant or agent, For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Billy Standridge, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit demiab, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone:(404) 562-5137 Received MAY 4 - R770 DCM-E8ECEIVED MAY 2 8 2020 DCM-MHD CITY NOTES _ I. MEA BY CCORDINATE COMN!IAIK014.43SW 4 1. FIRM. ZONE SURIECT 10 CNAAGE BY FE NA 3. Ir IS NE. ERESFDNSIOUTYOF 1HEFERMIITNG W MAPAUI TO VERIFY SITE COMRL4Nf,E MTHALL ORDINANCES. ZWINQ 6 WRACKS REWWEMEMS DRAW TO Nf ISSUANCEOF PERANK SURVEYOR MAKES CERTAFCAMNAS TOCOMPtRYCES ERNER SW" IMRIED. 4 MIS SURVEY IS SUWECT TO MY FACTS RAT MAY BE DISCLOSED RYA FULL ANO ACCURATE VILE SEMCN-WA, VICINI7YAW A" rAw W N!M'lY!D'W � ZB� r ��AmAm Y,M B!Ol ri r R.V Atirr N Y ' Nv I 8 b Lob N Lob 3-5 Y^ Lots 17_to f_Y y 1/21/2 1„ I 1howan 6 C I Stnet LEGEND g sir"t I 3 fir wOwMMAR /%7 b ,1�rYwwnlrYlA AlmmrmlrMm IINTEpIr a 1A 1. I LM AD LI xEB N16•SI'BZ'E yM�l Phillip Harrington Enterprises, LLC Lots 1-2 & 112 Chowan Street, Block 89 Virginia Dare Shores `�• AR4AIIW aMN9F I LWIEop IAYARNOAmxaA \ �� EASTERN \\to` 0 GEOMATICS, PLLC 'PROFESSIONAL SURVEYING SERVICES' P.O. BOX 102E O (305 SWn!Nlew add) FIRM UCE: P-0733 KILL DEVIL HILLS, NO 27948 PHONE/FAX: 252441-E590 Received MAY 4— 2120 RECEIVED DCM-EC MAY 2 8 2020 DCM—MHD CITY NOTES 1. AREA BYC4MRDWATE OGMPUTATpN•II,MINfl 2. FI AM. ZONE SUBJECTTOCHANOF BY FEMA. I IT IS TIRE SOLERESPON5RIKRYOF RIE PERNIRMp MUNCIPAUN M VERIFY SITECOMPLIANCEWRHALL ORDINANCES, ZONWG. A MISACNSREWIREMENTS PRIOR TO THEISSUANCEOFFERMlTS SURVEY➢R MARESNO CERTIFIGYIONAS M COMPLIANCES EITHER SHOM OR IMREO A THIS SURVEYIS SUB/ECT MANYFACM TIMTMAYBE DISCLOSED BYA FULL LW ACCURATE TITLE SEARCH ' _. SUD•pDBOF .-..w... r. .- - Br.7r• •!T•4y�pW F � � Fi A� )�f) r•,•w h Loss n $ I I R J5 ui Lots 4 I I * Lots &8 1.2 w I 3 g LEGEND g K.0 r n z l Lei 4 Nr!•2egw T5.Z1' nx,lrt. -.G ��/!• Nrpa�J1WN nW NA.e,•HI»L J J/l'1. )Jr/fi, •f, r Lf S19M8'1JE rM ^MI '�' �Kltry Newk aeyrj"`�� 364T L2 3M' 1 Nf!'!T!)E Phillip Harrington Enterprises, LLC dlXypSLGZ P..W EF -- - Lot 3-5, Block 89 Virginia Dare Shores ^ �(" kF A)UNTK ZDWT6N/P AARECOUMY MWTMGRO(AW EASTERN GEOMATICS, PLLC 'PROFESSIONAL SURVEYING SERVICES' PO, eox 1026 (305 SGurIMIBw Ddve) FIRM LICB: P-0733 ot00� �0 0 KILL DEVIL HILLS, NC. 27940 PHONE/FAX252411-159L Received MAY 4 - 2i20 RECEIVED DCM-EC MAY 2 8 2020 DCM-MHD CITY urisdictional Determination Request a6 Army Corps a anplmMrs WWWWW t This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: htti)://www.saw usace.armv mil/Missions/Re ulatoryPernmitPi-opram/Contact/CountyLocator asps, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEV ILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue. Room 208 Asheville. North Carolina 28801-5006 General Number. (928) 271-7980 Fax Number: (828) 281-8120 WASHINGTON REGULATORY FIELD OFFICE US Ammy Corps or Engineers 2407 West FiRh Street Washington. North Carolina27889 General Number. (910) 251.4610 Fax Number. (252) 975-1399 RALEICHRECULATORYFIELDOFFICE WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers US Army Corps or6ngineers 69 Darlington Avenue 3331 Heritage Trade Drive, Suite 105 Wake Forest. North Carolina27587 Wilmington, North Carolina 28403 General Numher.1919) 554-4894 General Number:910-251.4633 Fax Number: (910) 251-4025 Received Fax Number: (9191562-0421 MAIL 12 1020 INSTRUCTIONS: DCM-EC All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. version: May 2017 Page I RECEIVED MAY 2 S 2020 DCM-MHD CITY Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Inter. Chowan St. & Bay Dr., Va. Dare Shore; City, State: Kill Devill Hills, NC 27948 County: Dare County Parcel Index Number(s) (PIN): 987520813551, 987520812575 B. REQUESTOR INFORMATION Name: Kenneth Elliott Mailing Address: PO Box 112 Aydlett, NC 27916 Telephone Number: 252-339-9021 Electronic Mau Address: ken@kenobx.com Select one: 1-1 1 am the current property owner. Received ✓❑ 1 am an Authorized Agent or Environmental Consultant' ❑t+no 12 2020 Interested Buyer or Under Contract to Purchase DM Ap C['�9 Other, please explain. ®CI EC C. PROPERTY OWNER INFORMATION' Name: Phillip Harrington Enterprises LLC Mailing Address: PO Box 2232, 760 Pitts Chapel Rd. Elizabeth City, NC 27906-2232 Telephone Number: 252-335-4520 Electronic Mail Address: beargarden@embargmail.com � Must provide completed Agent Authorization Form/Letter. Documentation of ownership also needs to be provided with request (copy of Deed, County GISIParcel/fax Record). version: May 2017 Page 2 RECEIVED MAY 2 8 2020 DCM-MHD CITY Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3.4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Kenneth Elliott / Elliott Consulting Print Name Capacity: ElOwner❑✓ l� Authorized Agents Received Jan. 8, 2020 MAR 12 7020 Date Ken M CN-0l,eE Ey N.n Elad Peebn I eMello Ik ec[wa[y anarnlegnty oIIMM[umenl Elliott oa-" EII......I tcn.ur4ny E•A.n�a oW [mm LUNen. EIadICmeJenp 0.b. MW] 1L0 19 ti I, �/a� F�t/�� �1O1 Sienature PII-.V E. REASON FOR JD REQUEST: (Check as many as applicable) esig1 intend to construct/develop a project or perform activities on this parcel which would be ned to avoid all aquatic resources. ❑✓ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑ 1 intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts tojurisdictional aquatic resources and as an initial step in a future permitting process. n 1 intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. 8✓A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ 1 believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. Irthere are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. Must provide agent authorization form/letter signed by owner(s). version: May 2017 Page 3 RECEIVED MAY 2 8 2020 DCM-MHD CITY Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) aI am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 33I.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. 1-1 1 am requesting that the Corps provide an aoRroved JD for the property identified herein. An Approved Jurisdictional Detennination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS 7 Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ❑✓ Size of Property or Review Area 0.484 acres. The property boundary (or review area boundary) is clearly physically marked on the site. Version: May Received kup 12 2020 DCM-EC MAY 2 8 2020 DCM-MHD CITY Jurisdictional Determination Request 11. REQUESTS FROM CONSULTANTS �✓ Project Coordinates (Decimal Degrees): Latitude: 36.044894 Longitude:-75.690117 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I I x 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' • North Arrow Received ■ Graphical Scale tIAD 12 2020 • Boundary of Review Area ■ Date DMECr ■ Location of data points for each Wetland Determination Data Form or tributary DMEC C assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. • Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. • Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Detennination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hltD://twvw.Saw.usace.arms•.mil/Missions/Regulatory-Permit- Version: May 2017 MAY 2 S 2020 DCM-MHD CITY Jurisdictional Determination Request aCompleted appropriate Jurisdictional Determination form • PJDs. please complete a Preliminary Jurisdictional Determination Form'and include the Aquatic Resource Table • AJDs. please complete an Approved Jurisdictional Determination Forms 0 Vicinity Map Aerial Photograph 0 USGS Topographic Map r Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms s Please see http://)vww.saw.tisace.armv mil/MissioiiVRe ulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project areasubject to federaljurisdiction underthe regulatory outhorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal,jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which wi II be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AID cannot be evaluated nor can an AID be issued. Version: May 2017 Received 1" .n 12 2020 DCM-EC MAY 2 8 2020 DCM-MHD CITY ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION Oft B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Kenneth Elliott / Elliott Consultinq C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Intersection Chowan St. & Bay Dr., Kill Devil Hills, NC (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Dare County City. Kill Devil Hills, NC Center coordinates of site (fattlong in degree decimal format): Lat. 36.044894 °N; Long.-75.690117 W. Universal Transverse Mercator: 18 S 437833.49 m E, 3989145.62 m N Name of nearest waterbody: Kitty Hawk Bay, Albemarle Sound Identify (estimate) amount of waters in the review area: Non -wetland waters: 178 linear feet: width (ft) and/or acres. Cowardin Class: Stream Flow: Wetlands: acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: Received ueq 12 2020 RECEIVED MAY 2 8 2020 D M-EC DCM-MHD CITY E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ❑ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the app nUco nt. Officeice concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑✓ USGS 8 and 12 digit HUC maps ❑ U.S. Geological Survey map(s). Cite scale & quad name:_ ❑ USDA Natural Resources Conservation Service Soil Survey. ❑ National wetlands inventory map(s). Cite name: ❑✓ State/Local wetland inventory map(s): FEMA/FIRM maps: ❑✓ 100-year Floodplain Elevation is: 9 H (National Geodectic Vertical Datum of 1929) Photographs: Z Aerial (Name & Date): GE PRO 3/2on, 42016, 32013. 92011 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): Received MAR 12 2020 RECEIVED ®CM -EC MAY 2 8 2020 DCM-MHD CITY 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. RECEIVED MAY 2 8 2020 DCM-MHD CITY Received pep 12 2020 DCM-EC This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: Signature and date of Regulatory Project Manager (REQUIRED) Ken Elliott —"'-- Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Received RECEIVED Mno 12 2020 MAY 2 8 2020 DCM-EC DCM-MHD CITY SAMPLE Estimated Site Cowardin amount of Class of number Latitude Longitude Class aquatic aquatic resource in resource review area 1 0.1 acre Non -section 10 —non-wetland 2 100 linear feet Non-sectionl0 — wetland 9 15 square feet Non -section 10 — wetland 4 0.01 acre Non -section 10 — non -wetland Received MdP 12 2020 DCM-MCEIVED MAY 2 S 2020 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 28, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bodnar(a)ncdenr.gov SUBJECT: CAMA Application Review Applicant: Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Dare County Proposed Project: Clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. 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 June 18, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE RECEIVED MAY 2 9 2020 North Carolina Department of Envtronmental Quality I Division of Coastal Management DCM-MHD CITY Elizabeth City office 1 401 South Griffin Street, Sufte 300 1 Elizabeth City. North Carolina 27909 252.2643901 MAJOR PERMIT FEE MATRIX Applicant: Ph M i o I,�e, ne } Selection Development Type Fee DCM % DWQ % /143001601 4351000931625 6253) (243001602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A. B, C, or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial ❑ development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or General Water Certification No. $400 60%($240) 40%($160) ee attached) cannot Wlife: ed:evelopment that the filling and/or $475 60%($285) 40%($190) ion of more than one acre of wetlands and/or REC open water areas: ✓ED MAY 2 8 2020 DCM-MHD CITY 7:V7A Received Permit No Applicant' Project Ad NC Division of Coastal Management 9 9 % 2 %�B C D Cashier's Official Receipt ( Date: 20 .Z_'a $ yob - a 0 Check No.: 3.5 7 D G County: Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Ct Signature of Field Representative Date: Data: RECEIVED MAY 2 S 2020 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 (111012012) Applicant: Phillip Harrington Enterprises, LLC Date: 05262020 Project Site County, Dare County Staff: Ron Renaldi District: ®Elizabeth City ElWashington ❑Morehead City ❑Wilmington Project Name: IRover File: Date of initial application submittal (EX 102007): 031122020 Date application 'received as complete' in the Field office (EX: 1/&2007). 05042020 Permit Authorization: ❑CAMA ❑Dredge & Fill ®Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑ Yes ®No Photos Taken: Yes® No[] Setback Required (riparian): ❑Yes No Critical Habitat: ❑Yes ®No ONotSure 15 foot waiver obtained: El Yes EgNo Hazard Notification Retumed. ❑Yes ®No SAV: ❑Yes ❑No ❑Not Sure Shell Bottom. 0 Yes ®No ❑ Not Temporary Impacts: ®Yes ❑No Sure Sandbags: []Yes CgNo ❑ Not Sure Did the land use classification come from Mitigation Required (optional). county L UP. 0 Yes ❑No ❑Yes ®No Moratorium Conditions: OYes SNo 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) 1-1 High Quality Waters (HQW) Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender(Limonium sp.) El (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (Sr Salt reed grass (Spartina altemifiora) cynosurokles) ❑ (OS) Salt or spike grass (Disfichlts ❑ (SC) Bullrush or three square (Sslrpus (TY) Cattalt (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina memedenus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; ® III(D) Pdv. public or comet w/D&F to 1 3490 can be applied - $250 acre; 3490 cant be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 111(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 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 El III(C) Pdv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 RECEIVE 252.808-2808 :: 1-888-49COAST :: www.nccoostalmonargement.net revi40.2.802020 DCM-MHD CITY NC Division of Coastal Mgt. Application Computer Sheet, rage 2 of 3) Applicant: Phillip Harrington Enterprises, LLC Date: 0526/2020 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activides code sheet. Activity TYPE REPLACE Name Number Choose One Choose One Dimension t Dimension 2 Dimension 3 Dimension 4 Bulkhead (vinyl) j New Work ® Replace 212' 1 ' 3' Maint ❑ ❑ Y ® N Fill (below H20) 1 New Work ® Replace 87 Maint ❑ ❑ Y ® N Fill (general) 1 New wont ® Replace 154 135 2 Maint ❑ ❑ Y ® N Residential j New work Replace 50 46 Building (Single Maint ❑ ❑ Y ® N Fami Residential j New work Replace 45 32 Building (Single Maint ❑ ❑ Y ® N Family) Septic System 1 ^iew work ® Replace 38 22 Maint ❑ ❑ Y ® N Septic System 1 New work ® Replace 38 I8 Maint ❑ ❑ Y ® N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N MwWodc❑ Replace . Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Nbrk ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New 6t * Replace Maint El ❑Y ❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New 6lbrk ❑ Replace Maint ❑ ❑ Y ❑ N New Wok ❑ Repace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace REIDENO Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint 0 0 Y 0 N MAY 2 S 202 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant. Phillip Harrington Enterprises, LLC Date: 052W020 Describe below the HABITAT disturbances for the application. Alt 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 for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration andror temp impact amoun TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tamp anpacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) Shallow Bottom Dredge ❑ Fin ® Both ❑ Other ❑ 903 903 High Ground Dredge ❑ Fit ❑ Both ❑ Other ® 20,801 20,801 Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ FiN ❑ Both ❑ Other ❑ Dredge ❑ FR ❑ Both ❑ Other ❑ Dredge ❑ Fiff ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FAN ❑ Both ❑ Other ❑ Dredge ❑ Fift ❑ Boo ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FiN ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ RECEIVED MAY 2 8 2020 252-808.2808 ;: 1-888-4RCOAST ;: www.nccoastaimanagement.net revised: Nov. 2012 DCM-MHD CITY DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Phillip Harrington Enterprises LLC Distribution Date: 5/28/2020 AGENCY ECRO Community Development/LPO Donna Elliott DCM Planner Charlan Owens Eliz City US COE: Josh Pelletier Lee Padrick (Beaufort, Carteret. Craven, Eld City, Pamlico, Washington) Community Assistance Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water supply) Clif Whitfield Marine Fisheries Anne Deaton WARO/ECRO NC DOT David Harris Shellfish Sanitation Shannon Jenkins Sharon Gupton State Property Tim Walton Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Storm water- DWR 401- Samir Dumper Roger Thorpe Anthony Scarbraugh Marla Dunn (WARD) Rodney Butler W RC National Heritage Program RECEIVED MAY 2 8 2020 DCM-MHD CITY C:\Users\emgodfrey\Documents\Major Permits\Baycliff HOA\Maj Comment Distribution Sheet - Baycliff HOA.docx Revised : 6/29/2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BPAXTON C. DAVIS Director Ken Elliot 202 Elliot Road, PO Box 112 Aydlett, NC 27916 Dear Mr. Elliot, NORTH CAROLINA Envlronmeetal QuaUty Re: Chowan Street Shoreline Improvements March 16, 2020 The NC Division of Coastal Management hereby acknowledges receipt of your application on March 12, 2020, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 07J.0204. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. I am returning the original application package so that the needed changes can be made, but will retain a copy so that I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: 1. Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: Form DCM-MP-2: - #3(c) -when NWL is corrected this figure will change. - #3(d)- when NWL is corrected this figure will change. Form DCM-MP-3: - G - when NWL is corrected this figure will change. 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ A Plan View must be submitted that: RECEIVEp - Indicates Water Depth contours or spot elevations - References Elevations to Normal Water Level (NWL). MAR t,� �\� DCM-MHI ,:ITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1. 401 South Griffin Street, Suite 301 1 Elizabeth City, North Carolina 27909 252.2643901 Ken Elliot March 16, 2020 Page 2 of 3 - Indicates appropriate approximate location of Normal Water Level (I will conduct a site visit ASAP to verify and flag NWL) 1. There is a discrepancy between NWL on the site plans versus the survey that you submitted, NWL needs to be consistent across all documents. Additionally, after reviewing aerial photography the NWL indicated on the site plans may be incorrect as well. Changes in NWL will result in changes to the 30' buffer and 75' AEC lines. - Indicates the presence of any 404 or Coastal Wetland Marsh in area of proposed work 1. I will flag coastal wetlands during site visit ■ A Cross -Section Drawing must be submitted that: References elevations to zero atNWL. ■ A Location Map must be provided to adequately locate the project site. ■ The Plat must locate project area wetlands and identify the agency or consultant making the determination, along with the date the determination was made. 3. A Narrative Description of the proposed, development must be provided. Please submit a narrative that addresses the full activities of the project, along with appropriate needed justification for permitting development activities that can have negative environmental impacts. ■. Changes to NWL and other figures will have to be included or edited in narrative 4. Documentation of Notification of Riparian Property Owners must be provided. Please submit Certified Return -Mail Receipts for this notification, along with a copy of the notification letter provided to these owners and any comments received in reply. ■ We require signed green cards to show prove of notification or signed forms of no objection. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application. has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. Ken Elliot March 16, 2020 Page 3 of 3 Please do not hesitate to contact me at our Elizabeth City office (252) 264-3901 if you have any questions regarding this letter or the permitting process. Sincerely, Audy .Peoples Field Representative Division of Coastal Management cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Ron Renaldi, District Manager, DCM, Elizabeth City Phillip Harrington, Applicant RECEIVED MAR 2 3 2020 DCA#.MHp CITY SITE MAP - LAND CHOWAN STREET °Rry SHORELINE IMPROVEMENTS PHILLIP HARRINGTON ENTERPRISES, LLC BAY DRIVE & CHOWAN STREET KILL DEVIL HILLS, NC DARE COUNTY BAY RIVE-75FTROw SCALE:1 IN=30 FT MAP BY ELLIOTT CONSULTING JULY 30, 2020 BICYCLE _..�.r..,..`__ PgTH LOT 6-8, BLK 89 N/F SHEILA S TASCH SL-Fc 3D DAM sET`EACTi — - COASTAL � — LINE U E1 WATER DEPTH 1.0' LOT 3-5, BLK 89 VIRGINIA DARE SHORES NIF PHILLIP HARRINGTON ENTERPRISES, LLC END OF BULKHEAD RETURN ---' S LOT M TOTAL FILL AREA TO NGL AT ESCARP -382 SF LANDWARD FILL FROM NWL-74SF �> WATERWARD FILL FROM NWL-269 SOFT / PROPOSED RIPRAP \ FIIMIK PROTECTION EROSION ` l 0.25' THIS MAP IS NOTA CERTIFIED a SURVEYAND HAS NOT BEEN REVIEWED Q BYALOCALGOVERNMENTAGENCYFOR COMPLIANCE WITH ANYAPPLICABLE LAND DEVELOPMENT REGULATIONS. O 30 0 16 30 SO (IN FEET) finch = 30 0L CHOWAN ST LOT 1-2 & 112 CHOWAN ST, BLK 89 VIRGINIA DARE SHORES NIF PHILLIP HARRINGTON ENTERPRISES, LLC LOT 1-2 J TOTAL FILL AREA TO NGL AT ESCARP -3028 SF LANDWARD FILL FROM NWL-2239 SF WATERWARD FILL FROM NWL. 790 SOFT 1TRL• • � - i• ve svne.3 m7 •�• 58 PT (5A•=`) •�• AM1yL _ PROPOSED SN el RESMORATRWAREA L_2M d(24 W) _ Ts --- OFFSHORE MARSH ISLANDS Q WATER DI - 0.25' KITTY HAWK BAY LOT 17-18 & tl2 CHOWAN ST. BLK 88 NIF RUSSELL W III & SANDRAA JENKINS EXISTING BULKHEAD OWNED BY JENKINS, LOCATED O.T OVER PL RESIDENCE �— `JOINSEXIE s• 13-ULKHEAD _ PROPOSED BULKHEAD RETURN PROPOSED RIPRAP FLANKPROTEOIION 8'LtYW O WATER DEPTH WATER DEPTH 1.0 tv PAGE 1 OF 3 L J U L 3 0 2020 MP SECTION MHD SITE MAP - STRUCTURES CHOWAN STREET SHORELINE IMPROVEMENTS PHILLIP HARRINGTON ENTERPRISES, LLC BAY DRIVE & CHOWAN STREET KILL DEVIL HILLS, NC DARE COUNTY SCALE: 1 IN = 30 FT MAP BY ELLIOTT CONSULTING JULY 30, 2020 LOT 6-8, BLK 89 N/F SHEILA S TASCH TASCH RESIDENCE PEATREPAIRAREA I I I I I I — — FRDP06ED 5-BEDRM DWELLING O TH BAY DRIVE.75 rT ROW CONCRETE DRIVEWAY LOT 3-5. BLK 89 VIRGINIA DARE SHORES 0.27AC Ia svm COASTAL _ WETLANDS `\i—►A LINE PROPOSED RIPRPP y( ' 1 \ FLANK PROTECTION 40 USACE 4 `I\ TLxZW P \ ut 1g� � �+ EN.ANDS LINE —I►. \ . �.•�1 BICYCLE PATH 30 0 15 30 60 (IN FEET) finch = 30 ft PEAT REPAIR AREA CHOWAN ST I I ORCOIVEW47 I ------L----- PROPOSED 4BEDRM DWELLING I LOT 1-2 81/2 CHOWAN ST, BLK 89 I VIRGINIA DARE SHORES I 0.22AC � SAV LMPACTS+' • � • i" 1>S Nd6.l m') WATERbEPiC;{ NWL ! \iT DULKREM )' � WATER DE WATER DEPTA @ff____� opt, 0.25' 1 PROPOSEDSW Espy 4 RMORATIONAREA I >Eq 1, �w sTla��l I WATER DEPTH w'�00 1.0' THIS MAP IS NOT A CERTIFIED 0 SURVEYAND HAS NOT BEEN REVIEWED O KITTY HAWK BAY BYA LOCAL GOVERNMENTAGENCY FOR COMPLIANCE WITH ANYAPPLICABLE LAND DEVELOPMENT REGULATIONS. O OFFSHORE MARSH ISLANDS O O LOT 17-18 81/2 CHOWAN ST, BLK 88 ` JENKINS EXISTING BULKHEAD RESIDENCE — (RIPARIAN) RESIDENCE WATER DEPTH 0 2S 7WATER EXISTING DEPTH PER R E � E ON r- 1.0 A IE KITTY HAWK BAY J U L 3 0 2020 WATER DEPTH 1.0' iL'SP SECTION 140 PAGE 2 OF 3 fl JACY FbO _. _._ sill- r ;� AeW WARE #t CAt t1A�hFh.! t �s.b pCll l.`7M 1CAiC r" CRAt SANO 9'.Rpf.1 2,3m A . ✓� . (,r� er f 1�sY � � 0 NN11 KX0 ON ar�}R CIO r SECIICN n 0Y19 rJckt 1'. a VINYL BULKHEAD TYPICAL DETAIL Received MAY 4 - 2P'0 DCM-EC 1 vN V'. 6U It fi k9' ti..�IS mil 1J'}- 4ACV OCA T N/ a0' 4 *#%5ft* i I 4 ' 1.6 fPlh Pi}bl Received MAR 12 2020 DCM-EC �\ %oMk�x se w. Ph.11� p Narr:..1}w. Entt.pntM1�,lA-G N.7.S. PAGE 3 OF 3 J RECEIVED MAY 2 8 2020 DCM-MHD CITY SITE MAP - LAND 39 D 16 30 e0 CHOWAN STREET NDRrH SHORELINE IMPROVEMENTS (IN FEET) finch = 30 R. PHILLIP HARRINGTON ENTERPRISES, LLC BAY DRIVE & CHOWAN STREET KILL DEVIL HILLS, NC DARE COUNTY SCALE: 1 IN = 30 FT MAP BY ELLIOTT CONSULTING JULY 30. 2020 LOT 6-8, BLK 89 NIF SHEILA S TASCH RESIDENCE LOT 3-5, BLK 89 VIRGINIA DARE SHORES N/F PHILLIP HARRINGTON ENTERPRISES, LLC END OF BULKHEAD RETURN BAY DRIVE - 7$ FT ROW BICYCLE PATH A" LOT 3-5 ��• TOTAL FILL AREA TO NOLAT ESCARP.382 SF —�` ��..►-r LANDWARD FILL FROM NWL - 7e SF �ASTAL WATERWARD FILL FROM NWL-289 SOFT WETLN11Da I / PROPOSEDRIPRAP I WATER DI 0.25' WATER DEPTH 10 THIS MAP IS NOTA CERTIFIED o SURVEYAND HAS NOT BEEN REVIEWED Q BYA LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANYAPPLICABLE LAND DEVELOPMENT REGULATIONS. S'L.SW CHOWAN ST LOT 1-2 & 1I2 CHOWAN ST. BLK 89 VIRGINIA DARE SHORES NIF PHILLIP HARRINGTON ENTERPRISES, LLC LOT 17-18 & 1I2 CHOWAN ST, NIF RUSSELL W III & SANDRAA JENKINS EXISTING BULKHEAD OWNED BY JENKINS, LOCATED 0.7' OVER PL RESIDENCE ( �13'sipyE�� JF� JOINS EXIE LOT 1-2 f TOTAL FILL AREA TO NGL TESCARP -3D29 SF4 Q-ULKHEAD LANDWARD FILL FROM NWL-2239 SF WATERWARD FILL FROM NWL-790SOFT PROPOSED _�,i , i ' s vIMPACTs� • BULKHEAD .-iTe srue.3 PrI •�••�, RETURN / SB LIIS.�m'I� •�.. `.FROFOSEDR=N PROTECRON %T S'L�FW �••� WATER DEPTH D.50 �_ PROPOSED SAV �FS1VL,,•` 3a0Ft12�ni1 REETOPA(24N $ EA i WATER DEPTH Q 1A OFFSHORE MARSH ISLANDS O a / 075' KITTY HAWK BAY WATER DEPTH 1.0 PAGE 1 OF 3 I ■ ECEIVED PAP U L 3 0 2020 @-AP SECTION N1111) SITE MAP - LAND CHOWAN STREET SHORELINE IMPROVEMENTS PHILLIP HARRINGTON ENTERPRISES, LLC BAY DRIVE & CHOWAN STREET KILL DEVIL HILLS, NC DARE COUNTY SCALE: 1 IN = 30 FT MAP BY ELLIOTT CONSULTING JULY 30, 2020 LOT 6-8, BLK 89 N/F SHEILA S TASCH LOT 3-5, BLK 89 VIRGINIA DARE SHORES NIF PHILLIP HARRINGTON ENTERPRISES. LLC RESIDENCE Np H BAY DRIVE- 7S FT RO W BICYCLE PATH END OF •— BULKHEAD RETURN i N� ✓ ]a cANA _ — — ' sETBAC-Ti - -i - - - - -' LOT 3-5 TOTALFILLAREA TO NGLAT ESCARP-3925F LANDWARD FILL FROM NWL-74 SF w T�'L --� WELM ►� WATERWARD FILL FROM NWL-269 SOFT l PRCPOSPDRIPM RNiKPROTECIW D E404 ETUN0.5 NPR-r� R'LxZW EP \\ ER05ION ✓. ao-�nEAy-•., IscZi •. WATER DI WATER D 0.25, WATER DEPTH 1.a THIS MAP IS NOTA CERTIFIED G SURVEYAND HAS NOT BEEN REVIEWED Q BYA LOCAL GOVERNMENTAGENCY FOR COMPLIANCE WITH ANYAPPLICABLE LAND DEVELOPMENT REGULATIONS. Q 30 0 16 30 60 (IN FEET) finch = 30 M CHOWAN ST LOT 1-2 & 1/2 CHOWAN ST, BLK 89 VIRGINIA DARE SHORES N/F PHILLIP HARRINGTON ENTERPRISES, LLC LOT 1-2 TOTAL FILL AREATO NGL AT ESCARP - W29 SF LANDWARD FILL FROM NWL-2239 SF _I WATERWARD FILL FROM NWL-790SOFT s-.-�. 5Po/R-FMCl S�••�• � PPOPOSEO SOV 11 RESTCM11WNlFA L MO 26- OFFSHORE MARSH ISLANDS Q 0 LOT 17-18 & 1/2 CHOWAN ST, BLK 88 N/F RUSSELL W Ill &SANDRAA JENKINS EXISTING BULKHEAD OWNED BY JENKINS. LOCATED 0.7 OVER PL RESIDENCE 30. `JOINS EXIE StTL BULKHEAD _ PROPOSED BULKHEAD RETURN PROPOSED RIPRAP FU PROTE=M s•:_rW KITTY HAWK BAY E ISTIkG PIE WATER DEPTH 1.a WATER DEPTH a PAGE 1 OF 3 R RECEPV E W�1 J U L 3 0 2020 hl- P SECTION P"IAPD SITE MAP - STRUCTURES CHOWAN STREET SHORELINE IMPROVEMENTS PHILLIP HARRINGTON ENTERPRISES, LLC BAY DRIVE & CHOWAN STREET KILL DEVIL HILLS, NC DARE COUNTY SCALE: 1 IN = 30 FT MAP BY ELLIOTT CONSULTING JULY 30, 2020 LOT 6-8, BLK 89 N/F SHEILA S TASCH TASCH RESIDENCE Tr —�- -AEG , PEATREPAIRAREA I I I I PRDPOSFO 5•BEDRM DWELLING BAY DRIVE- 7S FT ROVV I CONCRETE DRIVEWAY Br= tE PATH 30 0 15 30 SO (IN FEET) finch = 30 ft. PEAT REPAIR AREA CHOWAN ST _—_—________`_��I I I I I DRIB ------L----- PROPOSED 443EDRM DWELLING LOT 17-18 & V2 CHOWAN ST. BLK 88 ` JENKINS E%ISDNG BULKHEAD RESIDENCE — (RIPARIAN) LOT 1-2 & 1 /2 CHOWAN ST, BLK 89 VIRGINIA DARE SHORES RESIDENCE i I 0.22 AC LOT 3-5. BLK 89 I '•`• VIRGINI E SHORES ' ���� — —•_� - a 0 27 j _ COASTAL _ !— I " '• WETLANDS � LINE( (--�� PROPoSED RIPRTP RANK PROTECRON % N%'•^'•` -45.' SIY iMMCTS ••�. USAGE ' \ VL.zw .� P0- .�• tie0(16.3m% waTER� EPA• '.�/ 38..(SA m'I ^ 404 WERANDS LINE \ ( \ ESCMPMEWF �.—..—.—.� 0'� D••I PflOPoSED RIPRAP *FWKPROTECOON L \ WL •%,,� 56 •�..0 L.7W WATER DEPTH WATER DEPTH _ `�•• WATER DEPf4 ---__�� 0.25 Pied„_ 0.26 1 PROPOSED SN I � Rf:510RAnONAflFA '^rEq zsa aflzMtl I WATER DEPTH Wawa PTH 7WATERDZ EXISTING Ipp�p��: q�'p_ p{�p� ypp'� It� PIER � , F��a S9.F{!T Y 4ECE0 t7 EI) 1.0' 'ws. �1 KT THIS MAP IS NOTA CERTIFIED 0 UL_J IIE JUL 3 0 SURVEYAND HAS NOT BEEN REVIEWED O KITTY HAWK BAY KITTY HAWK BAY ZOZO BYALOCALGOVERNMENTAGENCYFOR Q COMPLIANCEWITH PMENT REGULATIONS. WATER DEPTH P R ����5� �� � LAND DEVELOPMENT REGULATIONS. O i,p• EI- Y OFFSHORE MARSH ISLANDS o PAGE 2 OF 3 SITE MAP - STRUCTURES CHOWAN STREET SHORELINE IMPROVEMENTS PHILLIP HARRINGTON ENTERPRISES, LLC BAY DRIVE & CHOWAN STREET KILL DEVIL HILLS, NC DARE COUNTY SCALE: 1 IN = 30 FT MAP BY ELLIOTT CONSULTING JULY 30, 2020 NORT BAYORlVE .7S FT ROW LOT 6-8, BLK 89 ! N/F I 1---------- SHEILA S TASCH-- _----- CONCRETE ( PROPOSED I DRIVEWAY TASCH RESIDENCE PEATREPAIRAREA I I I______I_ ____ I I I Ts •— PROPOSED S-BEDRM —� I— DWELLING S` LE PATH 30 0 16 30 60 (IN FEET) finch = 30 ft PEAT REPAIR AREA CHOWAN ST I ---�-- `caNcaEre I ____—I------ DRIVEWAY PROPOSED S-BEORM DWELLING LOT 1-2 8 112 CHOWAN ST. BLK 89 VIRGINIA DARE SHORES 0.22 AC LOT 3-5,BLK 89 �* VIRGINIA DARE SHORES e .I a 0.27AC COASTAL WETLANDS � �� % \I LINE pppppSED RIVRPp \ %INK PRDTECTION USASO `.i ' \ \ WLKZW ��,P /• WETLANDS LINE ESCMPMENT F9'/• \ B N' ( WLIMEAD • WATER DE 0.50 WATER DEPTH _ Dpd, 0.25 EQ1V I PROWTON AV I �LER{y�0 bJ RESlORAl10NMFA I ` 36B s(l3Km'i I WATER DEPTH o,, 1.0' ''¢l. 'K� THIS MAP IS NOT A CERTIFIED a SURVEYAND HAS NOT BEEN REVIEWED Q KITTY HAWK BAY BYALOCALGOVERNMENTAGENCYFOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. Q OFFSHORE MARSH ISLANDS Q LOT 17-18 & V2 CHOWAN ST, BLK 88 ~ JENKINS EXISRNG BULKHEAD RESIDENCE — (RIPARIAN( RESIDENCE F— `���4Y�, 0.26' •,\.. PROMSEDRIPRAP BULKHEAD \ • FLANK PROTEOOON `VL.VW WATER DEPTH �5y D25' V EXISTING RECEIVED WATER DEPTH PIER 1A IE JUL 3 0 2020 KITTY HAWK BAY WATER DEPTH / UP SECTION !C HD PAGE 2 OF 3 SITE MAP - STRUCTURES CHOWAN STREET SHORELINE IMPROVEMENTS ® PHILLIP HARRINGTON ENTERPRISES, LLC BAY DRIVE & CHOWAN STREET KILL DEVIL HILLS, NC DARE COUNTY _ SCALE: 1 IN • 30 FT MAP BY ELLIOTT CONSULTING APRIL 29, 2020 LOT 8-S, BLK 89 WF SHEILA S TASCH TASCH RESIDENCE I---------- ----7 PEAT REPAIR AREA I - - - - - - - - PRGPSSED seEDRAI I DWELLING NORrH BBAY RIVE,75PTROW CONCRETE DRIVEWAY ♦ LOT 35, BLK 89 VIRGINIA DARE SHORES „ate 0.27AC I TiuR--!---------- I I COASTAL- - �- WETLANDS-►/ LINE \ USAGE 404 ^\ \ ETLANDS LINE\ \ WA ! \ BICYCLE P � ATH s0 0 16 30 a0 (IN FEET) finch a 30 fit ------------ F---- $SEE =® --___--I PEAT` REPAIR i----------- --11 AREA I I PROPOSED 441EDRIA DWELLING CHOWAN ST LOT 1-2 & 12 CHOWAN SL BLK 89 VIRGINIA DARE SHORES 0.22 AC / •WATER DEPTH •` '�., t4% .i �'�•• �. 0.25' .�. WATER DEPTH ' �•• WATER DEPTH• ••, 0.w on WATER DEPTH WATER DEPTH 1.01 KITTY HAWK BAY 1.01 THIS MAP IS NOT CERTIFIED D U (Received SURVEYAND HAS NOT BEEN REVIEWED Q BYA LOCAL GOVERNMENT AGENCY FOR O f1, t h _ IUDCOMPLIANCE WITH ANYAPPLICABLE LAND DEVELOPMENT REGULATIONS. v OFFSHORE MAISLANDS MARSH ISLANQ DMEC a T LOT 17-1 B & 12 CHOWAN ST, BLK 88 EXISTING BULKHEAD JENKINS (RIPARIAN) RESIDENCE RESIDENCE F '^'c sµu WATER DEPTH 0.25 KITTY HAWK BAY WATER DEPTH 0' PAGE 2 OF 3 EXISTING PIER RECEIVED MAY 2 S 2020 DCM-MHD CITY SITE MAP - LAND �ORTy CHOWAN STREET SHORELINE IMPROVEMENTS PHILLIP HARRINGTON ENTERPRISES, LLC O BAY DRIVE 8 CHOWAN STREET KILL DEVIL HILLS, NC ' DARE COUNTY BAY pRIVE SCALE: 1 IN = 30 FT - 75 FT ROW MAP BY ELLIOTT CONSULTING APRIL 29, 2020 �.r..�..�.._ BICYCLE PATH LOT 8-8, BLK 89 N/F SHEILA S TASCH .2s_AE< _ LOT 35. BLK 89 VIRGINIA DARE SHORES N/F PHILLIP HARRINGTON ENTERPRISES, LLC END OF BULKHEAD RETURN 10 LOT33 )r TOTAL FILL AREA TO NGL AT ESCARP -382 SF COASTAL �� F• LANDWARD FILL FROM NWL-7/SF WETLANDS —1-�--WATERWARD FILL FROM NWL-2W SOFT LINE V$ACE 4D. we \ \ \ WATER DEPTH tor THIS MAP IS NOT A CERTIFIED D SURVEYAND HAS NOT BEEN REVIEWED BYA LOCAL GOVERNMENTAGENCY FOR COMPLIANCE WITH ANYAPPLICABLE LAND DEVELOPMENT REGULATIONS. 30 0 16 30 SO (IN FEET) 11nch = 30 R. CHOWAN ST LOT 1-2 61/2 CHOWAN ST, BLK 89 VIRGINIA DARE SHORES N/F PHILLIP HARRINGTON ENTERPRISES, LLC LOT 17-18 8 1/2 CHOWAN ST, BLK 88 N/F RUSSELL W III 8 SANDRAA JENKINS EXISTING BULKHEAD OWNED BY JENKINS, LOCATED 07 OVER PL RESIDENCE JOINS EXIS N 1-2 TOTAL FILL AREA TOLOT NGL TESCARP-3029 SF sFS i B-ULKHEAD R LANDWARD FILL FROM NWL-2239 SF 3WATERWARD FILL FROM NWL-790 SOFT M PROPOSED ,L.•''•�. BULKHEAD RECEIVED ,,, �.•` RETURN •'�T - _ �•- WATER DEPTH WATER DEPTH0.E0 0.25' Q O OFFSHORE MARSH ISLANDS Q 7g•._ I I MAY 2 8 2020 WATER DEPTH 0,25 DCM-MHD CITY KITTY HAWK BAY E Received /'�1 O WATER DEPTH E Received /.0 DEPTH T.O MAY 4 - PAGE i OFF 3 3 Iff /� I � EC