93-20 Minor Mod Phillip Harrington Enterprises LLC

l
Permit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
Permit Number
RECEIVE 93�
JUL 9.9 2021
DCM-EC
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-I 18
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Phillip Harrington Enterprises LLC., 760 Pitts Chapel Rd., Elizabeth City, NC 27909
Authorizing development in Dare County at 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 letter dated 5/24121,
including the attached workplan drawings (2) both labeled "Sheet 1 of 1" and both dated 2/15/21
This permit, issued on July 6, 2021 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
oe suoicut to tines, imprisonment or civil action; or may cause the penult to be null and void.
1) Unless specifically altered herein, this Minor Modification authorizes the expansion of the previously
authorized single-family residences, concrete driveways, pool areas and wooden walkways. Any
additional development activities may require a modification of this permit.
(See attached sheet for additional conditions)
This permit action may be appealed by the pennittee 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
March 1, 2025
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.
Z_///W�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
&4'9 t/ `
Si nature of Permittee

Phillip Harrington Enterprises LLC.
ADDITIONAL CONDITIONS
General
Permit No. 93-20
Page 2 of 2
2) All debris associated with the removal or construction of the permitted marina shall be contained within
the authorized project area and removed to an appropriate upland location.
3) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
4) This Minor Modification shall be attached to the original Permit No. 93-20, which was issued to the
penmittee on 9/23/20, as well as all subsequent modifications, refinements, and renewals, and copies of
all documents must be readily available on site when Division personnel inspect the project for
compliance.
5) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the project Action ID SAW-2020-00969.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2008-1347 v2.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

DCM Coordinator:�612
Permit #:
Permittee:
DCM Field Offices
Elizabeth City 57rok f((4
Morehead City
US ACOE Offices:
MAILING DISTRIBUTION SHEET
Washington
Wilmington
(with revised work plan drawings)
(OBJECTIONS )
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell) Z
elletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
om teffans (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: Renee Gledhill -Earley at [e-mail]
Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD)
Marine Fisheries: Kim Harding Jimmy Harrison
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins / Sharon Gupton
State Property: Tim Walton / Mike Moser
DEMLR/DWR: Sheri Montalvo / Shelton Sullivan
Washington: Chris Pullinger-401
I ma (vial LIII - YV 1
Roger Thorpe-Stormwate
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider —401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson

May 24, 2021
Phillip Harrington Enterprises, LLC
P O Box 2232
Elizabeth City, NC 27906
252-312-4500
To: Sarah Loeffler
Re: Major Permit 93-20 Minor Modification Request
• I would like to request a minor modification on the above major permit 93-20. The footprint of the
structure changed slightly from the original permit and I wanted to add a pool for both structures.
Please let me know if anything else is needed.
Thank you,
Phillip W. Harrington
MAY 2 7 2021
WIP SECTION MHD

Received From:
Permit No.:
Applicant's Name:
Project Address:
NC Division of Coastal Management 13 6 7 8 (2)B C D
Cashier's Official Receipt
Date: Mgq ET 20AL
s 100. can
Check No.: — 33 rg.
County: �L,
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: -�� 410 �^' /�'{� P 60J {�60011 Date: �.
Signature of Field RepresentativDate:

ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
i%3
FROM:
THROUGH:
DATE:
SUB]ECT:
NORTH CAROLINA
Envirotunental Quality
Greg Bodnar, Assistant Major Permits Coordinator,
Division of Coastal Management, Morehead City
Sarah Loeffler, Field Representative, DCM '�WL
MAY 2 7 2021
MP SECTION APIHD
Ron Renaldi, District Manager, Northeastern District, DCM RA(,
May 25, 2021
Request for Minor Modification of Major Permit #93-20 issued to:
Phillip Harrington Enterprises, LLC
REFERENCE: (a) Email from Phillip Harrington (received 5/24/2021)
requesting a Minor Modification to Major Permit #93-20
(b) 15A NCAC 073.0405, Permit Modification
(c) DWR Project #2008-1347 v2
(d) USACOE Action #SAW-2020-00969
Minor Modification to Major Permit
1. Phillip Harrington of Phillip Harrington Enterprises, LLC has requested a Minor
Modification to Major Permit #93-20, which was issued on 9/23/2020 and expires on
12/31/2023. The original major permit authorized the construction of a bulkhead and
two single-family residences with concrete driveways.
2. Phillip Harrington has requested to modify Major Permit #93-20 to expand the
proposed footprint of the previously included single-family residences to each include a
two-story dwelling, a concrete driveway, a pool area with a fence and concrete surround,
and wooden walkways to provide water access.
3. I conducted a site visit on 1/29/2021 to review the Minor Modification request
pursuant to the provisions of.reference (a) and have determined that the request meets
the requirements contained in 15A NCAC 07H .0208 USE STANDARDS.. Specifically, the
request to construct two -single family residences with associated concrete driveways,
septic systems, swimming pools with concrete surround, and wooden walkway for water
access will comply with 07H.0208(a)(2)(A) thru (G), 07H.0209(d)(1) thru (10).
North Carolina Department of Environmental Quality I Division of Coastal Management
D_EQl� Washington Office 1943Washington Square Mall IWashington.North Carolina 278891252.946.b481
4WlhNngton Office 1127Cardinal Drive Extension I WNnington,Nonh Carollna28405I 910.796.7215
rTM - MoreheadOtyOffice 14000ommeree Avenue I Morehead City, North Carolina 285571 252.8082806
�./ Elizabeth City OPoce 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 279091252.2643901

4. The required fee of $100, paid by Check #3779, was received by the Elizabeth City
District Office on 5/17/2021.
5. It is recommended that the Minor Modification request be granted, provided all
the Permit Conditions of the original permit Issued on 9/23/2020 remain in effect.
Attachments: Copy of Minor Modification Request, including work plan drawings
Distribution List:
1. Land Use Plan (LUP): Charlan Owens
2. Local Permitting Officer (LPO): Donna Elliott
3. Dept. of Energy, Mineral, & Land Resources (DEMLR): Sheri Montahro
4. Sediment & Erosion (S&E): Samir Dumpor
5. Storm Water (SW): Roger Thorpe
RECEIVED
M AY 2 7 2021
WIP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
D Washington Offtce 1943 Washington Square Mall l Washington, North Carolina 27839 1252.946.6481
`�')") Wilmington Offlee 1127Cardlnal Drive Eztenslon I WBMngton, North Carolina 28405 1910.796.7215
^m �� Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557E 252,808.2808
Elizabeth City Office 1 401 South Criffin Street, Suite 3001 Elizabeth City, North Carolina 27909 12572643901

Permit Number
Permit Class 93-20
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
a Coastal Resources Commission
3permtt
for
flied •p X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
XC Excavation and/or filling pursuant to NCGS 113-229
issued to Phillip Harrington Enterprises LLC 760 Pitts Chapel Rd., Elizabeth City NC 27909
Authorizing development in Dare County adl 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 did "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
of these terms may be subject to tines, imprlsonmenr or civil action; yr muy �a"al ,,,., t,,,....... - -
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 omer
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.
Jrb'r,Gu oy 'uc awu....y —.. - --
of the Coastal Resources Commission.
41j74�
Braxton C. Davis, Director
DivJEigMtti h tedgement
This permit and its conditions are hereby accepted.
M AY 2 7 2021
e c eeE St " r Pe7 i ee

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 ca ar @EO vV:Ese of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
M AY 2 7 2021
MP SECTION PAHD

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 httu://www.fws.nov/nc-es/mammal/manatee euidelines.pci
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 [phone]prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources. B EECEIVED
MAI�jbFl1 4
RqP S-EgTT-10D

DATE: IS I `4 { Z n 21 1
NAME -Tv) I{{I�� 1(f) t I �,'r Ily/1 1 V V
ADDRESS:VU %LX 9
CITY:U, 116 9e,10A �-I ST'vr� ZIP Dri
RE: �r1, e I
�f�1,41m
To Whom It May Concern: �lI/l,t ��Yl {�II��X�• L
This correspondence Is to notify you as a riparian properly owner that f r 2 is applying for
(insect property owner AM orcompany)
a CAMA Major permit to 0 Y NTIAK/r 14 a Q01) (9 Y
(insert project description)
on property located
�'Cul Deo 11411 1v N C
property address/county)
which Is adjacent to your property. A copy of the application and project drawing(s) Is enclosed for our rievlew. If you have no
objections to the proposed activity, please mark the appropriate statement below and return to: N'ii I l t ci Gti►vcI,(IlvI)
�o LM 223c�.l2 GIj�Mg C N c
as soon as possible.
party)
2rj()q
If no comments are received within 30 days of receipt of this noticeit 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 (Insert phone number) or the Division of Coastal Management at 252-
254.3901. ' 2�` 3I?- L- - 0 U RE - IVED
Sincerely,
INSERT NAME
I have no objection to the project as described.
WAIVER SECTION
MAY 1 7 2021
{{��vD��CM-ECG�
I have objection(s) to tli'e�aE0&i-t-5s esdilt
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set bacMAYninbi#n duce of
15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank
below.) NIP SoECTION NOND
I do wish to waive the 15'setback requirement. �I do not wish to waive the 15' setback requirement.
Print Name j nature of Adjacent Property Owner
Mailing Addg Add er�ss andandfor5mall Address
-Nd z
Date
7 c);, yVV--
Phone Number

DATE: S I I Z
NAME)
To Whom It May Concern: VMIT
This correspondence Is to notify you as a riparian property owner that ying for
(nsert property owner n me or -company)
a CAMA Major permit to
(insert project description)
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: �7 v
u V � 2 2& H ►g—&(
% b/zK ' "l 119 01. as soon �as M ssible.' r(
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 {insert phone number) or the Division of Coastal Management at 252-
264.3901. 2y2 (7i 1.� y#T C EIVED
Sincerely,
INSERT NAME
_1`-lhave no objection to the project as described.
WAIVER SECTION
RE
MAY 1 7 2021
DCM-EC
I have objection(s) to the project as described.
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of
15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank
below.)
I do wish to waive the 15' setback requirement. �/ 1 do not wish to waive the 16 setback requirement.
5hella,- S Trtisch
Print Name Signature of Adjacent Property Owner
Mailing Address and/or Email Address i 3 n-1
a°C CEIVED
le
5 - 5�(
Phone Number AY 2 7 2021
P SIECTION, NqH

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRAXTON DAVIS
Director
May 27, 2021
NORTH CAROLINA
Environmental Quality
MEMORANDUM TO: Charlan Owens, DCM Planner eOkAW -
Donna Elliott, LPO, Kill Devil Hills AC_
Sheri Montalvo, DEMLR
Samir Dumpor, Sediment & Erosjpn L
Roger Thorpe, Storm Water tl'(�
FROM: Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit #93-20
Applicant: Phillip Harrington Enterprises, LLC
Project Location: Adjacent to Kitty Hawk Bay, Lots 1-2 & 3-5 Chowan Street in Virginia Dare
subdivision, Kill Devil Hills
Proposed Project: Expand the footprint of the single-family residences to include a pool for both
structures.
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 06/17/21 to 400 Commerce Avenue, Morehead City NC 28557 You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Sarah
Loeffler at [phone], ext. 232. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
RECEIVED
SIGNED DATE
M AY 2 - 2021
IV,P SECTION M110
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
2522643901

ROY COOPER
Cmwhor
DIONNEDELLI-GATTI
Secretary
BRAXTON DAVIS ,
Director
June 9, 2021
lul u 11MITM3 aPTIUM
NORTH CAROLINA
Ennlranmental QuaU[y
TO: Charlan Owens, DCM Planner ' ' —
Donna Elliott, LPO, Kill Devil Hills
Sheri Montalvo, DEMLR
Samir Dumpor, Sediment & Erosion
Roger Thorpe, Storm Water
FROM: Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit #93-20
Applicant: Phillip Harrington Enterprises, LLC
Project Location: Adjacent to Kitty Hawk Bay, Lots 1-2 & 3-5 Chowan Street in Virginia Dare
subdivision, Kill Devil Hills
Proposed Project: Expand the footprint of the single-family residences to include a pool. for both
structures.
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 06/17/21 to 400 Commerce Avenue, Morehead City, NC 28557. You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Sarah
Loeffler at [phone], ext. 232. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
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.
S
SI D DATE _ r7 r� �l_RRECE1VE® ;
J U N 8 2021
North Carolina Department of Environmental Qoality I Division of DEQCoastal Mana ement Elizabeth City Office1401SouthOrlffinStreetSuite3001ElizabethCIty�-8-WT1®N MH®
232.264.3901

ROY COOPER
''Governor
10HN MEHOLSON
Infeiimsecretary
BRAXTON DAVIS
Director
MEMORANDUM
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Charlan Olden jRP NEpistnot Planner
Division of boa .tail Management
RECEIVE
J UN S 2021
MP aSECT10H ®lYdtf-tl®. -•
SUBJECT: Minor. Modification Request to CAMA Major Permit #93-20 by Phillip Harrington
Enterprises,. LLC to expand the building footprints for two (2) contiguous parcels
to include pool areas with fence and concrete surrounds, and install wooden
walkways to access Kitty Hawk Bay;.on 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 9, 2021
Consistency Determination: The request is consistent with/not in conflict with. the Town of Kill
Devil Hills CAMA Land Use Plan Update certified by the CRC on
November 2, 2020.
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 — I 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 comer 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 bulkhead and construction of two (2) single-family houses with
associated driveway, parking and septic system improvements were approved in September of
2020 under CAMA Major Permit #93-20.
Expansion of the building footprints for each parcel to include pool areas with fence and concrete
surrounds and installation of a wooden walkway for each parcel to access the bay are proposed.
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 appearto be no archaeological sites on
. D Q
North Carolina Department of Environmental Quality I Dtvlslon of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite300 I Elizabeth City, North --Carolina 27909
252.264.3901

-wW
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM.
Page 2 of 3
or near the property. A 9 sq. ft. area of Submerged Aquatic Vegetation (SAV) is located near the
shoreline.
Anticipated impacts resulting from the minor modification were not indicated in the staff memo.
Basis for Determination:
The Town of Kill Devil Hills Future Land Use Map identifies the adjacent lots as "Low Density
Residential".
The following LUP policies may be applicable to this request:
Public Access:
P.1, Page6-6,
"The Town supports the provision of access to the shoreline for
residents and visitors of Kill Devil Hills, including persons with
disabilities."
Land Use Compatibility:
P.7, Page 6-7
"The Town supports maintenance of its traditional low -profile
skyline and image by limiting building height. The Town supports
maintaining the building height in the commercial and light
industrial zoning districts as well as the lower height regulations in
the residential and oceanfront zoning districts."
P.10, Page 6-7
"The Town will maintain its three-tier approach to land use and
housing mix, with land west of US 168 used primarily for its
permanent population residing in detached single-family
dwellings..."
RECEIVED
JUN 8 2021
PAP SECTION MHD

#-
North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 3 of 3
Natural Hazards:
P.26, Page 6-11.
"The Town supports the guidelines of the Coastal Area Management
Act (LAMA) and the associated policies of the Coastal Resources
Commission (CRC) but reserves the right to oppose specific sections
of the CAMA and proposed rules or rule changes..."
P.27, Page 6-11.
"The Town supports US Army Corps of Engineers regulations as
applicable, reserving the right to oppose any proposed modifications
to existing regulations. The Town supports properly permitted
mitigation activities."
RECEIVE®
JUN 8 2021
MP SECTION MHD

Bodnar, Gregg
From: Elliott, Donna <[e-mail]>
Sent: Wednesday, June 30, 2021 2:41 PM
To: Bodnar, Gregg
Subject: RE: [External] Re: Phillip Harrington CAMA Minor Mod
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good afternoon Gregg,
This looks fine to me. Setbacks, lot coverage and parking meet the ordinances.
Thank you,
Donna
From: Bodnar, Gregg [mailto:[e-mail]]
Sent: Wednesday, June 30, 2021 10:31 AM
To: Elliott, Donna <[e-mail]>
Subject: RE: [External] Re: Phillip Harrington CAMA Minor Mod
Morning Donna,
Just wanted to check in on this one again.
Thanks,
G regg
From: Bodnar, Gregg
Sent: Wednesday, June 23, 2021 10:52 AM
To: Elliott, Donna <[e-mail]>
Subject: RE: [External] Re: Phillip Harrington CAMA Minor Mod
Yes it was. I have attached the circulation above for help.
G regg
From: Elliott, Donna <DONNA(plkdhnc.com>
Sent: Wednesday, June 23, 2021 10:40 AM
To: Bodnar, Gregg <gregg.bodnar([e-mail]>
Subject: RE: [External] Re: Phillip Harrington CAMA Minor Mod
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Is this through the Elizabeth City office?

Bodnar, Gregg
From: Moore, Bill
Sent: Friday, July 2, 2021 3:07 PM
To: Bodnar, Gregg
Subject: RE: Phillip Harrington CAMA minor mod
Hey Gregg,
David Perry Project-sw exempt
Phillip Harrington Project-sw exempt
Beacon Street Dev Project -qualifies for Redev Exclusion
From: Bodnar, Gregg <[e-mail]>
Sent: Wednesday, June 30, 2021 10:29 AM
To: Moore, Bill <[e-mail]>
Subject: Phillip Harrington CAMA minor mod
Morning Bill,
I wanted to check in on this minor mod increasing the BUA of the tracts.
Thanks,
G regg
D_EC��/�,�
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 28W ext 2IS (Office)
Gregg,B�d�r�n� nr.gov
Email comespon4eam to and from this address is subject to the
North Carolina Publk Records Law and may be disclosed to third portks.

VICINITYw MAP
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WTold Mao ti ]5' AEC -fl. 1! ep X.
Maximum coveroge - = a AEC area
Prvpoeed AEC Lot Covmage Summary,
Sulding Footprint - 1.283 aq. fL
Conant. Pool Dad019 - Silt la, R.
Told CiMIrage In AEC - 1,75o sq. R
Percent Coveraae in MC - 27.3
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1. SIP ltanc Phillip Hcnr,a Enl�prleee, LLC
P 0 Bon 223Z Olzdleth City, NC 279M
2. SuDpct Property
C Bay firm, Kill D.dl N01a
Lot. 1-2 k 1/2 Cit.. "., Black 89, Weginia Dan
Shares. MI DM H.I.. Atlantic TOYmM1y
Dan County, North Carolina
Recorded: P.C. 2 9. 131 Dora Co. Register of Dods
PmcN: ON610MI PIN: 9875 2a a1 S51
3. Zoning: RL (Re iidanXal Law penalty Zone)
M. Lot Mop - 11,220 SO. FT.
5, FEMA Dal.
Toan of Kill D.N HE. CD 370M
Panel 98N Suffix d
Map Npnn a 3] 09 ]
Effectin Da.: 06 19 20
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FlRM Zone AE 5) and 0.2
Bate Flood Flowtbn - 3'
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]. Bolding Setback, (11,220 .q. R. lot In RL Zone)
Minimum Front Setback 30'
Minimum Silo Setback ld
Minimum Rear Setback 2= of lot dW1h (21V max.)
& Lot Conro, Calculation:
Told Let Area-11,220 Sq. ft.
Maxw.. coverage - e014 of lot ono
MoaYnum courage - 4.Y68 s, X.
Let Coverage Summary.
Build g Footprint includog OWra and Stain m 2,119 ail. fl.
Cenaete Drineay and Paring m 998 sa, R
Conaeta Pool Decking . 501 eg. ft
Pod Surface Area - 28B M X.
HVAC Stand, m 4Q Ed. f.
Wood Walk to Bulkhead - 183 aq. fL
Told Lot C..ge - UN eg. R
Percent Lot Conra9e - 38.6
fw.e w na kM,Al lenrmwl.W
Surrey data from a surrey by Eastern Cenrnatim MC,
Surrey anlitled 'Surrey for, Philip H"ton EntawpMea,
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WTaw Area ina75'aAEC =y 5,878 era. ft.
Maximum coverage = 30S of AEC area
Proposed AEC Lot Coverage Summery.
Bulding Footprint - 1.IW ad. ft.
Carrcrete Pod D king - 552 ad, ft
Proposed Coverage in AEC - 1,888 m, L
Percent Coverage in AEC - 28.7
WF ) a .h = 20
1. Applicant Phillip Harris an Ent riep. LLC
P 0 Box n Mobeth aty, NC 21909
2. Subject Property,
0 Bay Driw, Kill Dews HRIs
Lot. 3-5, Block 89, Virginia Done Shone
KBI D.vil Mills, Atlantic Toenehip
Den County, Hartle Caralina
Reposed: P.C.2 S. 131 Dere Co. Register of Deep.
Force. 029610000 PIN: 9875 W et 2575
3. Zoning: RL (Randa l Los Den.ky Zone)
4. Lot Arse w 11,841 SO. FT.
5. FEMA Date.
Tom of KIN D Hills CID 375353
Perm 9884 Suffix J
Nap Number 373,09 ]5Da
ERacUve Data : N 19 2020
Vertical Datum NAW 1988
FIRM Zan* AL 5) end X(0.
Base Mood Eleoation = 5'
Floep Zane serbject to chop e by FEMA
KM D" IWM Itil - 8.0' NAw 1988
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+% +\ Building Footprint including Display and Slain w 1,958 aa0. ft.
+ Concrete Orlwim, and Parking - 1,226 aa, fL
Concrete Pool Decking - Ml2 m. ft.
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HVAs - 40 eq. ft.
Wood Walk to B Admicd - 147 N. ft
Told Let Cowrogs t = 4,211 era. f Percent Lot COLsago - 3S5
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