Loading...
HomeMy WebLinkAbout49-20 Sunset Village HOAPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission *rm it for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-1 18 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 49-20 Issued to Sunset VitWe HOA Inc 5427 Adrian Rd Wilson NC 27896 Authorizing development in Dare County at a man-made basin connecting to Pamlico Sound within Sunset Village S/D off Lands End Way, in Frisco, as requested in the permittee's application dated 1/4/20, including attached workplan drawings (2) Page 1 of dated 1/4/20 and Page 2 of 2 dated 11/21/19 This permit, issued on April 24, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization - Bulkhead 1) The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead at any point along its alignment at the time of construction. 2) 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. 3) 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. L I(See attached sheets for Additional Conditions) This permit action maybe appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. 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. Braxton C. Davis, Director All work must cease when the permit expires on Division of Coastal Management 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. This permit and its conditions are hereby accepted. Signature of Permittee Sunset Village HOA Inc. Permit No. 49-20 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead shall be constructed prior to any backfilling activities. 5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 6) This permit does not authorize any excavation waterward of the approved alignment. .O The fill material shall be clean and free of any pollutants except in trace quantities. 8) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 9) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 10) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Marina. Docking Replacement 11) This permit authorizes only the docks and tie pilings and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification_ 12) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Upland Development 14) Unless spccifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the boardwalk replacement, all as expressly and specifically setforth in the attached permit application and workplan drawings. Sedimentation and Erosion Control 15) In order to protectwater quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 16) 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. Sunset Village HOA Inc. Permit No. 49-20 Page 3 of 3 -ADDTITONAL CONDITIONS 1) In order to satisfy concerns of the resource agencies, the permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or COnstniction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. This shall include, but not limited to, the use of a turbidity curtain between the project area. and the surrounding basin. A turbidity curtain shall be in place for a 24-hour period after completion of activities or until the project areas has returned to ambient conditions, whichever is greater. 18) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. USACE Conditions 19) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S_ Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found atbnp://www.fws gov/nc-es/marrmal/manatee guidelines ndf. General 20) This permit shall not be assigned; transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 21) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the Permitted activity without having it transferred to a third party. 22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291_(Action ID SAW-2020-00460). NO'M- The TLC_ Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project D WR Project No. 2020-0356. NOTE: Future development of the permittee's ro e e a modification of this Contact a representative of the Division at (252) 264-3901rprior to the commencement opermit.f any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of thenormal water level. NOTE: An appfieation processing fee of $250 was received by DCM for this project u DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: 544wk ` (aq Type: (Check all that apply) New /Major Mod Permit# Minor Mod _ Renewal Transfer Permit Coordinator: Field Representative:— Date/Time 3';410 ,J�swy;,o, I4Z, OW 2 4115(20 094 -40 SV A(g70 0k7 t �c i K') Message DCM Coordinator: �Db P� Permit #: 1"l W MAILING DISTRIBUTION SHEET Agents: 6', R(( Jed 4Sulr1'P fMGO. /.Owl v We, Pa ArhWCcidoe / DCM Field Offices ✓ �I / Elizabeth City �ivott� Washington kr &/ (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: leigh td eaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) tosh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) om 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: PIRMWGledhill-EarleyatEnvironmental.Review@ncdcr.gov :jff Heidi Cox (WIRO) Anne Deaton David Harris Shannon Jenkins / Sharon Gupton *Tim Walton / Mike Moser hen Montalvo / Shelton Sullivan Clif Whitfield (WARO) Jimmy Harrison Washington: Tarer hony Scarbraugh-401 Thorpe-Stormwater cy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARO)4 it Natural Heritage Program Rodney Butler LPO: and 4 ' (NCDOT) Travis Wilson Dem MP-1 RDG@IVed APPLICATION for JAN 3 1 KiJ Major Development Permit DCM-EC (lest revised t27271e6) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrlmaryApplloal Landowner information Business Name Sli 7 V1 Cr F tC IJWiUfRS ASS'OC/A7/nM• .7.Ne. Project Name (if applicable) '. Applicant l: First Name IINDA MI Last Nam MATT M, PxsioeNT Applicant 2: First Name MI Last Name If additional applicants, please attach an eddldonal pages) with names fisted. Melling Address SN29 ADRIAN RD. Po Box I city W11SON State lvr- ZIP 27896 Country Phone No. 25R-23S-7963 ext. FAX No. Street Address (d drY/erent r om shove) City State ZIP Email hrhneo'Gd' Ct.nhCDfh 2. Agent(Contractor tnthrmation Business Name Agent/ ctor t: First Name MI Lag Nats Gd KY Mfft Leg Net contractor 2: First Nerve MI JC AINIFER Meth Mailing Address PO Box city Slate 1771 S.C.1AfAYf.7rf L7, ST1ld9T ZIP Phone Na 1 Phan No. 2 37997 Z52 -3l ,3tf9 GA exL FAX No. NIA tt Contractor# WA Street Address (if dM/arent horn above) city State ZIP Email hof, erg55urF to Ya kil Cotn <Form continues on baclt> RECEIVED DCM-MHD CITY Received Form DCM MP-1 (Page 2 of 4) JkFJ 3 l luilj APPLICATION for Major Development Permit nPRh r-n 3. Project Location County (ran be multiple) Street Address PARUI /Ja Stets Rd. fl DAKE LAAIDS END WAY 0/503/c/6 _.�,.�.. lt!14 SubdlvWw Name City Slate Zip SUNSET VICLA615 FR/SCD I NC 7-7936 Phone No. Lot No.(s) (t many, attach addelonal page MM eat) - N/A - ext. 15, a. In which NC river basin is the pro)ect located? It. Name of body of water nearest to proposed project EASWIDTd NK MAY-MUE Cd NAL c. Is the water y identified in (b) above, natural or manmade? It. Name the cosset major water body to the proposed project site. ❑NaturallZarrmunde ❑Unknown PAMIIcn SOW/L) a. Is proposed work Within city limits or planning jurisdiction? f. If applicable, list Me planning jurisdiction or city limit the proposed EdYes ❑No work falls within. 4. Site Description a. Total length of shoreline on the tract (IL) It. size of entire tract (sq.n.) PQRaj. N.n/S/ll a Size of Individual lot(s) A//4 d. Approximate elevation of tract above NHW (nomhel high water) o NWL (normal water level) 3 (gman; lot sizes, please attach additional page w*h a list) ❑NHW or 9. Vegetation on trail Ll]W l G ..( "-" f AIATURAI. V1667A7U0N f. Man-made features and uses now on tract BUMPI.Abi SOAR.D LMIIU<I Dnr1CSJ JlMnWA16 P/r.�" g. Identify and describe the existing land uses adjacent to the proposed project site. lPE WcN7_/QI h. How does local government mine the tract? I. Is the proposed project consistent with the applicable zoning? RFSIDENI/d!- ( Attep zoning compliance certificate, If applicable) ❑No ❑Yea ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposed? ❑Yes ftrNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ITNo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a oyes No ❑NA National Register listed or eligible propetyl <Form continues on next page> RECEIVED MAR 0 6 2020 DCM-MHD CITY Form DCM Mi (Page 3 of 4) Received APPLICATION for JAN 3 I Kh Major Development Permit M. 0) Are there wetlands on the site? (II) Are there coastal wetlands on the she? ❑Yes [BC (III) If yes to either (1) or (il) above, has a delineation been conducted? []Yes ❑No (Attach documentation, 11 available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. NM p. Describe existing at" water management or treatment systems. N/Q S. Activities and Impacts e. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovamment f l 1 VQ %E [�34atelcommunity b. Give a brief description of purpose, use, and dalTy operations of the project when complete. PRIVATE 7FMPn(CA1-"/ //1DAIz1A/F, 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. Rp V/ F:�qp PR rECpED DncKa4EdSAFE D/RM"b2ESS TONAVICAR!' WA TIP FOR leSro�,v13 O SI/Algr7v!/,LAArBYRGP(ACIA/f a1s;r1116 D£7L•A'/Erwin FDA RDW/4GK,&Ar SI1HSAAM HOO-UrA D TIPMA//✓Tti/N£N DSIDNCAl!/kb! �I S7nRM Pltor C r7n d DDnfNDdM d. Ust all development activities you propose. RCPIACEMEN7' DF L XIS TIN ry BULKNEdD., BOARD WAL 16S WKSi AND IWRIAIR PILLS e. Am the proposed activities maintenance of an existing project, new work, or both? MAIA17ENANCE f. What is the approximate total disturbed land area resultng from the proposed project7 j>3Sq.Ft or ElAcres 1 nee g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes o []NA that the public has established use of? It. Describe location and type of existing and proposed discharges to walere of the state. ND/✓F_ I. Will wastewater or stonnwater be discharged into a wetand? ❑Yen []No 0 A If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No []NA j. Is there any miligagon proposed? ❑Yes [:)No 0 A If yes, attach a mltgation proposal. <Form continues on back> RECEIVED MAR 0 6 2020 DCM-MHD CITY Form DCM MPA (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed appllcallon form, (MP-1) the following Items below, IF applicable, must be submitted In order for the application package to be complete. Items (a) — (0 ere always applicable to any major development application. Please consult the application lastruction booklet on how to pmpady prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -se W onal drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between wort completed and proposed. c. A site or location map that is sumdentiy detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims We to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management Name FRM 0W HOA7", [ C Phone No. Address 2VO4 1AIWA E CZ", 600CWAAII)j M Z30b3 Name JOS E PH E. 7YJDMPSDA/ Phone No. Address aoBoxCA PW/scb,Alr. 23934; Name-EFUE74RY OF I IS/N6 d ORHAY DEM OPMEMT Phone No. Address e!5_/-7& ST S,Wrj WASWAM TON, DC., 26010 g. A gel of previous state of federal pemdle lowed for work on the project bed Include permit numbers, penalties, and Issuing dales. Sb- 91-5 /Shmi,.aedi .d a io / P ac 3At / zo / 7 h. Signed consultant or agent authorization form, Happlicable. I. Wetland delineation. If necessary. ///d P07signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. Astatemem ofcompliance with Me N.C. Fmironmentel Pricy Ad (N.C.G.S. 113A 1-10), tnecassary. If the project Involves expenditure or public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project Wil be subject to the conditions and restrictions contained in the permit. certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is I thful to the/yyJryat of my knowledge. Date 41W 2_0 Print Name 7`�/Ge� Signature �'72r7 Pr/Ee, Received JAN 31 2620 7se indicate application attachments pertaining to your proposed project. �° M MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DIME MP-3 Upland Development RfDCM MP-4 Structures information RECEIVED MAR 0 6 2020 DCWMHD CITY Forth DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Receive JAN 81 2G29 DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-t. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel (NiNor Canal Boat Basin Boat Remp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length IJVidth Avg. Existing NA NA Final Project Depth NA NA 1. EXCAVATION [9618 section not applicable a. Amount of materiel to bs excevated from below NHW or NWL In b. Type of material to be excavated. oublcyards. c. 0) Does the area to be excavated Include coastal wetlands/mamh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), a other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL ❑None III) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal arse. c. (1) Do you claim title to disposal area? ❑yea ❑No DNA (II) if no, attach a letter granting permission from the owner. e. (I) Does the disposal area include any coastal wetiandsimarsh (CW), submerged aquatic vegetation (SAV), shall bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (n) Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards, section not appNcab/a area. d. (1) Will a dies set area NAbe available for future maintenance? ❑yes L No (II) If yes, where? f. (i) Does the disposal include any area in the water? ❑yes 1--]No DNA (g) If yes, how much water area is affected? i RECEIVED MAR 0 6 2020 DCM-MHD CITY Forin DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development Is a wood greln, use MP-4— Structures) e. Tyge of shoreline stabilization: b. Length: ❑Bulkhead ❑Ripmp ❑Breakwater/Sil ❑Otlrer._ Width: /t c. Average distance waterward of NHW or NWL: it. Maximum distance waterward of NHW or NWL: z' z' e. Type of stabilization material: VINYL g. Number of square feet of fill to be placed below water level. Bulkhead backfill-2:Z Riprap Breakwater/Sill Other _ I. Source of fill material. 14PLLWO Off S/TE 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. g) Will fill materiel be brought to the site? ❑Yes [ If yes, (g) Amount of material to be placed in the water (oil) Dimenslons of fill area _ (N) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? &WI <IEaD C. 0) Will neNgedonalla�aldir� be required as a result of the project? ❑Yes [--]No A (ii) If yes, explain what type and how they will be implemented. f. 0) Has them been shoreline erosion during preceding U months? ���� ❑Yea [']NoI.`JKA (11) If yes, state amount of erosion and source of erosion amount information. Reepived h. Typeoffillmetedal. SAId JAN 31 K-20 DCM-EC hls section not applicable submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? Of any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB EIWL ❑None (i j Describe the purpose o1 the fill in these areas: It. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)7 kodRS. SAMW06 D(111PT l(le 7RAfr6t , UYILI7 7/R! CrC. d. 0) NO wetlands be crossed Ig transporting equipment to project s1te7 ❑Yes []No A (Ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. O/--oy-21) 111 MA MATTMEWS FkfSIUt N-1 Dtds Applicant Name J41NS. / SUdL(Ey Y/LLAir, E.,/!Od 10h,u ,6 PmW Nsnte Applicant Signature 4 4sr4-{J RECEIVED MAR 0 6 7u20 DCM-MHD CITY Deceived Form DCM MP-4 STRUCTURES 10 31 ``' (Construction within Public Trust Areas) DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (p Is the docking fadltty/marina: � ❑Commercial ❑Public/Govemment p(Private/Community c. (i) Docks) andior pier(s) (11) Number (— (III) Length 7 r (Iv) Width 31 —/ (v) Floating ❑Yes NKI e. (1) Are Platforms Included? ❑Yes 153�o If yes: (it) Number — (iil) Length (iv) Width _ (v) Floating ❑Yes ❑No Noce: Roofed areas am calculated from dripline dimensions. g. (1) Number of slips proposed (II) Number of ellps existing (I L Check the proposed type of siting: ❑ Land cut and access channel ❑OOen water, dredging for basin and/or channel pen water, no dredging required []Other; please describe: k. Typical boat length: 11 'ABEAM ) In. (1) II the facility have tie pilings? Me ONO (it) If yes number of tie pilings? 6 ❑This section not applicable b. (i) Will the facility be open to the general public? ❑YeaLZNo d. (i) Are Finger Piers included? ❑Yes DdNo If yes: (it) Number (ili) Length (iv) Width _ (v) Floating ❑Yea ONO f. '(i) Are Bostigts included? ❑Yes )JryO If yes: (it) Number (III) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel Ilfl andior rell, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('vet slips') only, number of slips: to ❑ Dry storage; number of boats: _ ❑ Boat mmp(s); number of boat ramps: ❑ Other, please describe: 1. Describe the typical boats to be served (e.g.. open runabout, charter boats, sail boats, mixed types). mixf-o fNo Ctft(It7Ek'; I. 0) Will the facill open to the general public? Dyes o RECEIVED MAR 0 6 2020 DCM-MHD CITY Form DCM MP.4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS IgThis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number ; Localion. ❑ Showers ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? a. (1) Give the location and number of "No Sewage Discharge' signs proposed. (II) Glve the location and number of'Pumpout Available" signs proposed. Received JAPJ 31 MO I. Describe the special dosign, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance he disposed of? h. Give the number of channel markenc and 'No Wake signs proposed. 1. Give the location of fuel -handling fecilties, and describe the safety measures planned to protect area water quality. j. What will be the marine policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing manna, what types of services am currently provided? RECEIVED DCi1M-MHD CITY Received Form DCM MP-4 (Structures, Pnge 3 of 4) J0 31 i�`j an. Is the marinatdoddng facility proposed within a primary or secondarynurseryarea? DM ❑Yes ❑No 97MEC n. Is the marina/docking facllfty proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the madneldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetetlon (SAV), shell bottom (SB), or other "tIands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marinaldocking facility located within or within dose proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (Including covered Ins) 31his section not applicable a. (I) Is the boathouse structurs(s): ❑Commercial ❑Publlc/Govemment ❑Private/Community (It Number (ill) Length (Iv) Width Note: Roofed areas are calculated fram ddpline dimensions. 4. GROIN (e.g., wood, sheetplle, etc. If a rock groin, use MP-Z Excavation and fill.) Ulinis section not applicable a. (1) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetplle, etc.) ®`This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL orwetlands 6. MOORING PILINGS and BUOYS [I This section not applicable a. Is the sWcture(s): ��// []Commercial❑Public/Government alprivate/Community, C. Distanceto be placed beyond shoreline 3 Note: This should be measured eom marsh edge, If present. e. Are of the swing _ b. Number 6 d. Desorption of buoy (color. Inscription, size, anchor, etc.) RECEIVED MAR 0' 6'2020 DCM-MHD CITY 7. GENERAL a. PMAnIty of structure(s)to adjacent riparian property lines ONADJetG£NIK;P�Ik/ ,'/ PPwxiYiN£ASE,Dor Note: FerbWyormooringpMng,, use am of swing McludMg length ofvessel. c. W filth of water body e. (1) Will navigational aids be required as a result of the project? Oyes L1N!o ❑NA (II) If yes, explain what type and how they will be Implemented. b. Proximity of structure(s) to adjacent docking facilities. d. Water depth at waterward and of structure at�NLVWor NWL KO ❑ his section not appllcabla a. Give complete description: EXIST/N6 &MUWALK ADSAC(AT BAKO AD x zql, T6 . ERAMD- 01-.0q-20 Received Date p q Project Name -SI AASU VIUW APW OWNERS ASSD(.r lAtt 1/ND/IMATrAl"rW.4, PRF.�IDLAI'/ Applicant N me ^ Al Applicant Signature ti S c y y) DMEC RECEIVED MAR 0 6 2020 DCM-MHD CITY I. . PAM"GO SOUND I %j- FRISCO, LOT 1 APO: HUD , CAMA PLAN FOR SUNSET VILLAGE HOMEOWNERS ASSOSIATION, INC SUNSET VILLAGE LANDS END WAY FRISCO, NC 27936 Date 01/04/20 Scale 1" = 40' 40 30 20 10 0 40 80 LOT 9 LOT 8 tic (PROPERTY OWNER DOUGLAS C. HICKS) LOT 14 THOMPSON MARL J LOT 7 1\ LOT 6/ I LOT 5 MAR 0 6 2020 DCM-MHD CITY CAM PLAN FOR SUNSET VILLAGE HOMEOWNERS ASSOSIATION, INC SUNSET VILLAGE LANDS END WAY FRISCO, NC 27936 Date 11 /21 /2019 Scale V = 20' PAGE 2OF2 PAMLICO SOUND Zs `\ TYPICAL SECTION VIEW (1 = 5') Fas \ \ oRryon �stovFSo / PROPOSED DOCK .OR�NG PILE n PROPOSED BULKHEAD '. -_ ri\ N� . i0,0�` _Me T 3 —1— 3 —1 EXISTING BOARDWALK PROPOSED WOOD CAP EXISTING BULKHEAD ......., 'I", PROPOSED SAND BACKFILL SUNSET VILLAGE HOME OWNER'S SSOCIATION, INC. LEGEND 41 \ \ SUN DOO LN �0w�� ■ (�.0)EXISTI NG GROUND BELOW MNL ATION /NT�lVgI \ cwaco '�41st7 fff �� EXISTING GROUND aoeloFFN NOTES: 8B'as FRISCO, NC __D 1) ALL MATERIALS SUITABLE FOR MARINE CONSTRUCTION. 2) ALL CONSTRUCTION TO BE DONE IN ACCORDANCE WITH ACCEPTED PRACTIC 3) NWLAT EXISTING BULKEAD LINE \ O&Ltymg �O nrAm wrTru IS NInT Tn Srel G 20 0 20 40 MAR 01 DCM-MHD SUNSET VILLAGE HOA MAJOR PERMIT APPLICATION Addendum to page to form DCM MP -1 (Page 3 of 4) 5 Activities and Impacts (c) METHODOLOGY: Remove deteriated boardwalk, docks, and mooring piles; and dispose of in an approved landfill. Construct new bulkhead Z in front of existing bulkhead and backfill as required with clean sand. Construct new docks, set morring piles and construct new boardwalk. Stabilize all disturbed areas as required in accordance with accepted erosion control standards. TYPES OF CONSTRUCTION EQUIPMENT; NUMBER OF EACH; and WHERE STORED: (1) floating barge with lift; (1) backhoe; (1) dump truck; (3) utulity trucks; all equipment to be stored off site in private yard, except for barge to be moored in canal and secured. Pr eceiVM lAN 31 K20 D M-FG RECEIVED MAR 0 6 2020 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 6, 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 1 Fax: 252-247-3330 (Courier 04-16-33) 1 lll� areaG.bodnar(a)ncdencoov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Sunset Village Home Owners Association, Inc. Project Location: 0 Lands End Way (Parcel #015031016), Frisco in Dare County Proposed Project: Replace an existing bulkhead, boardwalk, docks, and mooring piles Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by March 27, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" PRINT NAME AGENCY SIGNATURE DATE This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 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 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Sunset VU/age HOA COUNTY: Dare PROJECT NAME: Improvements to HOA Basin LOCATION OF PROJECT: 0 Lands End Way (Parcel #015031016), Frisco DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-10-20 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Yvonne Carver DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: Cam- Date 3 /S /2.z B) DATE RECEIVED BY MAJOR RMIT� FE6 REC'D: $250 it III(A) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 3-11-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 4-25-20 RECEIVED MAR 0 6 2020 DCM-MHD CITY END OF NOTICE DATE: 3-31-20 DEED REC'D: Yes 150 DAY DEADLINE: HOLDS: EMAIL OUT DATE: 3-6-20 STATE DUE DATE: 3-27-20 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM — Field Rep 3 yet /I 5�4�tiCPd DCM — LUP Consistency Determination 1!647 Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401Section `JlS ZdTV'Orjjlo �rG y: DWR — Public Water Supply 3 It 70 DEMLR — Stormwater 51, 26 K DEMLR — Sed and Erosion ej�lc 20 DOA — State Property Office Wildlife Resources Commission 3 DMF — Shellfish Section DMF — Habitat&Enhancement DNCR — Archives & History DNCR — Natural Heritage Program NCDOT NC Dept of Commerce 3 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director IJII��[e :7 71�I�II�1 NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City FROM: Yvonne Carver, Field RepresentativeA THROUGH: Kelly Spivey,, District Manager, Washington Office 1 44 DATE: March 26, 2020 SUBJECT: Recommendations for Major Permit Application submitted on behalf of: Sunset Village Home Owners Association, Inc. The applicant proposes to replace an existing bulkhead, boardwalk, docks and mooring piles in the Sunset Village HOA boat basin. The site of the proposed development is located at the northern section of a man-made basin in the Sunset Village subdivision, which is off of Lands End Way and Highway 12 in the town of Frisco, Dare County. The development proposed will involve the Estuarine Waters (EW), Public Trust Area (PTA), and Public Trust Shoreline Areas of Environmental Concern (AECs). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project, and my findings are as follows: 16A NCAC 07H .0206 ESTUARINE WATERS (d) Use Standards. Suitable land/water users'shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Consistent: The proposed development meets the intent of this rule. RECEIVE® D_E Q Q} MAR 3 0 2020 North Carolina Department of Envirunmen[nl Quality 1 Division of Coastal Management Elizabeth City Office I -101 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 252.264.3901 Sunset Village Home Owners Association, Inc., Recommendations March 26, 2020 Page 2 15A NCAC 07H .0207 PUBLIC TRUST AREAS (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent' erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed development meets the intent of this rule. 15A NCAC 07H .0208 USE STANDARDS Paragraph (a) addresses General Use Standards; (1) states that non -water dependent uses shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed replacement of the bulkhead, docks and mooring piles are water dependent, and meet the intent of this rule. Paragraphs (a)(2) (A-G) notes that before being granted a permit, the CRC or local permitting authority shall find that the applicant has complied with the following standards: the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC, and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas; development shall comply with state and federal water and air quality; development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources; shall not increase siltation; shall not create stagnant water bodies; shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources; and shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The development as proposed meets the intent of this rule. (b) Specific Use Standards; (6) Piers and Docking Facilities. (A) restricts piers to six feet in width; (6) notes that the square footage of shaded impact for docks is limited to eight square feet per linear foot, with a maximum of 2,000 square feet; (C) states that docking facilities over coastal wetlands shall be a minimum of three feet above any coastal wetland substrate; (F) notes that piers and docking facilities shall be single story; (G) covers the limitation of established pier length and''/4 width rule; and (1) restricts piers from interferingi��® access. MAR 3 0 2020 ]UP SECTION MHD Sunset Village Home Owners Association, Inc., Recommendations March 26, 2020 Page 3 f The 6 existing docks will be removed during bulkhead construction and reconstructed in the same dimensions of 7'x3' once the bulkhead is replaced. In addition, the 6 existing tie pilings that incorporate the 6 existing slips will be replaced 12' from the new bulkhead wall. The proposed development is consistent with these rules. (7)(A-D) The bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level (NWL); bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources; backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this.Section; 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 ... ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; and (v) the property to be bulkheaded is in a non -oceanfront area. The applicant is proposing to replace 258' of wooden, deteriorated bulkhead with a vinyl bulkhead a maximum of 2' waterward of NWL. There are no wetlands adjacent the existing wall. Sand fill from an upland source is proposed for the backfill. The proposed development is consistent with these rules. 15A NCAC 07H .0209 COASTAL SHORELINES (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 or minimize adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. Development shall comply with the following standards: (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: (D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public use or need; The applicant is proposing to replace an existing boardwalk adjacent the bulkhead in a footprint of 241'x3'. The proposed development is consistent with this rule. Based on my review of the applicable subsections of the NC Administrative Code, the permit application, and plans submitted by Sunset Village Home Owners Association, I recommend a Major Permit be issued to the applicant based on their current proposal, and subject to the standard permit conditions. MAR 3 0 2020 ROY COOPER Governor MICHAEL S. RE.GAN swetary BRAXTON C. DAVIS ahvetar March 6, 2020 MEMORANOUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Mdrehead City, NC 28557 Fax: 262-247-3330 (Courier 04-16-33) gregG.bodnar0ri deringov SUBJECT: CAMA /Dredge & Fill Applicagon Review Applicant: Sunset Village Home Owners Association, Inc. Project Location: 0 Lands End Way (Parcel #016031016), Frisco In Dare County Proposed Project: Replace and expand an existing boat ramp, add a lower platform to an existing pler, construct two groins on either side of boat ramp. 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 March 27, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-284-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. This agency has no objection to the project as proposed. ••Additional comments may be attached" 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 —AMIR 7'>0MP02 AGENCY /'C `s SIGNATURE- ) DATE HIP JO D Q-S MAR 1 0 2020 North CardlmDepartmentofEn*Wmental Quality I DlvislonofCoaatal Management Vizabeth CityOffke 1401 South Griffin Street.Suite3G01 Erubeth City, North Carolina 27909 2522643901 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director March 6, 2020 MEMORANDUM: NORTH CAROLINA Enviranmentat 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) oreoo.bodnar(ncdenr.Gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Sunset Village Home Owners Association, Inc. Project Location: 0 Lands End Way (Parcel #015031016), Frisco in Dare County Proposed Project: Replace an existing bulkhead, boardwalk, docks, and mooring piles 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 March 27, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is, requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kacee C Zinn AGENCY NlCCDMF Shellfish Sanitation il` IECEIVED SIGNATURE KG �� for Shannon Jenkins DATE 3/6/2020 MAR 9 2020 rv'P SECTION MID North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 Govemor I NIICHAEL S. REGAN Secretary BRAXT N C. DAVIS Director March 6, 2020 MEMORANDUM: NORTH CAROLINA EhvlronmP.mar QUedify 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) cream bodnar(Mrodenr.Gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Sunset Village Home Owner; Association, Inc. Project Location: 0 Lands End Way (Parcel #015031016), Frisco In Dare County Proposed Project: Replace an existing bulkhead, boardwalk, docks, and mooring piles 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 March 27, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when. appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "`Additional comments may be attached" 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 Lze, Pac�ri ETC. AGENCY �t'� Cg .v7 v m&,�u IEC 6VE SIGNATURE t/y,e�.. je DATE 3 -i.3 - MAR 1 .3 2020 MP SECTION �a APO9Q5 -NorthCamlina DepartmentofEmimnmental Quality I Division of Coastal Management Elizabeth City Office 1401South GAffinStmet,SU1te300 I Elizabeth City, North Carohna27909 252264.3901 !E RQYCOOPER Qovernor MICHAEL S. REGAN 'Secretary BRAXTONC. DAVIS' orrenor March 6, 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) . oreoe.bodnar0ncdenr.00v SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Sunset Village Home Owners Association, Inc. Project Location: 0 Lands End Way (Parcel #015031016), Frisco In Dare County Proposed Project: Replace an existing bulkhead, boardwalk, docks, and mooring piles Please indicate below your agency's position or. viewpoint on hei proposed project and ' return this form to Grego Bodnar at the address above by March 27, 2020. If you. have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested, REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"" _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_Ciif Whitfield AGENCY —Public WaterSupplySection "ECEI�/W' ED SIGNATURE (. o/. �✓.�r� MAR 1 ..1 2020 DATE _March 11, 2020 PAP SECTION MHD DEQY POVnYYop¢.hlO�h\ North Carolina Department of Environmental 0allty I Division of Coastal ManallemenT , Elizabeth Clty Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909. 252:2643901 Bodnar, Gregg From: Thorpe, Roger Sent: Wednesday, March 11, 2020 10:37 AM To: Bodnar, Gregg Subject:' CAMA Major - Sunset Village HOA Bulkhead Replacement Project, Frisco, Dare County Gregg The subject project will not require a State Stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 ra, -:5�NothtngComparesr.-, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 6, 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) greog. bodnar(Wriodenr.aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Sunset Village Home Owners Association, Inc. Project Location: 0 Lands End Way (Parcel #015031016), Frisco in Dare County Proposed Project: Replace an existing bulkhead, boardwalk, docks, and mooring piles 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 March 27, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M". z 1 t ten s AGENCY NC" F—C SIGNATURE DATE Z)-2D-3-a22 f, � �-D- E MO - r.mTMcnma ,.n L:WUEitil d GMmcm4' CAd MAR 2 3 PNO 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 Mareft S. 2020 FROM SUNECT., CAUAl ' Sunset� Applicant Project Logatib" pieese. Fin In to air RERY'.. Th7s agency has no. 6bledtion to the p i drial comments , . they be attach, edl* This.ag'ency has no-commoinfort the o.fbpd&o.d prole;;. This agar�'y approves ofthe pppjoct only, if the re.dommended changes are Incorporated. See attached. Thisegpncy objects to the project for reasons de9cfibed In the attached PRINT NAM 'o REGOVED AGENCY SIG14AT RE MAR 2 q pngn DATE MP SECTION M' �211 NodhearowDepadmeritofFAvironmintolQUaty jDM5lonGfCQAslalMuwjam Pt , RuAethc2tyOfte I 40lSwthGdffln&meLSWe3()0 I FjWbedfCttyNorthQLrdm27909 2522643901 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal.. nagement FROM: Charlan Owen CP, NE District Planner Division of Coastal Management SUBJECT: Major Permit Request by Sunset Village Home Owners Association, Inc., to install 258 linear feet of bulkhead, a 3 foot wide bulkhead cap, a 3 foot wide by 241 foot long boardwalk, six (6) 3 foot wide by 7 foot long docks, and six (6) tie pilings along and within a man-made basin/canal that connects to the Pamlico Sound; at Parcel #015031016 and 53190 and 53192 Lands End Way, in the Frisco community, Dare County. DATE: March 25, 2020 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February, 24, 2011. Overview: The project area consists of approximately 258 linear feet of shoreline and adjacent waters within a man-made basin/canal that connect to the Pamlico Sound. The landward shoreline within the project area is located on property owned by Sunset Village Home Owners Association, Inc. (HOA) and within a 15 foot wide shoreline maintenance easement deeded to the HOA that extends across properties owned by Frisco Love Boat, LLC (53192 Lands End Way) and Douglas Hicks (53190 Lands End Way). The properties are located on the northeast side of the man-made basin/canal. Water depths in the basin range from -3.5 feet a distance of approximately 3 feet from the shoreline to -6 feet a distance of approximately 14 feet from the shoreline. The width of the canal varies from 27 feet to 63 feet at the project location. The area has an elevation of approximately 3 feet above Normal Water Level. The project area is located primarily within the VE (9) floodzone, with a portion in the VE (8) floodzone. Existing shoreline improvements within the project area consist of a bulkhead, six (6) 3 foot wide by 7 foot long docks, six (6) mooring pilings, and a 3 foot wide wooden boardwalk. The docks are cantilevered from the bulkhead wall. The tie pilings create six (6) slips. The docks and bulkhead .are deteriorated and the boardwalk is slanted and crooked and is not flush with the bulkhead cap. Q� MAR 2 � Pnpo DE NMIIILM@1NA ppMr,�NW PaOry� �py?�tgt North Carolina Department of Environmental Quality I Division of Coastal ManagementP SECTION "--HD Elizabeth City Office 1 401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 252.264.3901 North Carolina Department of Environmental Quality ORANDUM Division of Coastal Management Page 2 of 5 Installation of 258 linear feet of bulkhead, a 3 foot wide bulkhead cap, a 3 foot wide by 241 foot long boardwalk, six (6) 3 foot wide by 7 foot long docks, and six (6) tie pilings is proposed. The bulkhead will be installed a maximum of 2 feet waterward of NWL. The existing boardwalk, docks, and pilings will be removed. The bulkhead cap will be installed waterward of the boardwalk. The waters of the Pamlico Sound in this area are classified as Coastal Waters, Class SA waters and High Quality Waters (HQW) and are closed to shellfish harvesting. A review of Submerged Aquatic Vegetation (SAV) was not provided. A review of historic and/or archaeological resources was not provided. Anticipated Impacts resulting from this project are expected to include: the filling of 516 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the disturbance of 3,000 sq. ft. of High Ground within the Public Trust/Estuarine Shoreline AEC, and; the shading of 126 sq. ft. of Public Trust Area/Estuarine Waters AEC and 723 sq. ft. within the Public Trust/Estuarine Shoreline AEC. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Transition Corridor". As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab -shedders." The purpose of the "Conservation" classification is to provide for the effective long-term management and protection of significant, limited, or irreplaceable areas. Land disturbing activities should not occur unless in conjunction with authorized development. Authorized development should include provisions and conditions that minimize impacts to any natural, cultural, historic, and scenic values of the areas authorized for development. The following1UP policies may be applicable to this request. Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's rig t�� access and use of the public trust areas and waters." 8j` MAR 2 F 9non MP SECS';Cy?1 P`5 __ North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 5 Land Use Compatibility: Archaeological/Historic Resources Policy LUC#15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and. artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program. Dare County reserves the right to review, comment, advocate or oppose any proposed regulations or programs that may affect the regulation of estuarine waters and/or the estuarine shoreline..." Implementation Strategy, Page 180. "1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." . Policy NH#3, Page 180. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." MAR 2 S Pron MP SECTION AHD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 5. Policy NH#5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." Water Quality: Policy WQ #2, Page 188. "Development projects shall be designed and constructed to minimize detrimental impacts on surface water quality, groundwater quality, and air quality. Structures should be designed to fit the natural topographic conditions and vegetation versus modifications to natural conditions to accommodate structures." Stormwater Policy WQ #4, Page 190. "Efforts to preserve, protect and improve water quality should be managed at the local level. Local level management allows for a regulatory approach designed to specifically address unique local needs and conditions. Existing State stormwater rules should serve as the basis for local programs with adjustments made to address local needs, conditions, and community support." Policy WQ #5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features.. Properties immediately adjacent to SA classified waters should be developed consistent with the dimensional standards and lot coverage limitations of the Dare County Zoning Ordinance. Vegetative buffers and other low —impact development methods identified by the UNC Coastal Studies Institute are appropriate tools to address stormwater runoff adjacent to SA waters." Policy WQ#10, Page 192. "Dare County supports the installation and maintenance, of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreliRECEIVED MAR 2 E; 9n9r1 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 5 of 5 management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." Fisheries Resources Policy WQ#11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." Local Areas of Concern: Channel Maintenance - ... Policy LAC#10, Page 202. "Dare County advocates the dredging and other associated maintenance activities of all existing navigable channels, canals, boat basins, marinas and waterways. Such activities are of vital importance to our local residents, fisherman, and tourist economy." MAR, 2 � Pn�n MP SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 6, 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) g repo. bodnar(o)ncdenr. cov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Sunset Village Home Owners Association, Inc. Project Location: 0 Lands End Way (Parcel #015031016), Frisco in Dare County Proposed Project: Replace an existing bulkhead, boardwalk, docks, and mooring piles Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grepp Bodnar at the address above by March 27, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. Install turbidity curtain during "Additional comments may be attached" bottom -disturbing activities and This agency has no comment on the proposed project. while adding fill 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 NNC_D.M-F_imp- �p SIGNATURE Iyt22��nrv�� "E'�sl IVED DATE 03/26/2020 MAR 2 r, �ro� P SECTION MND DEQ� 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 Bodnar, Gregg From: Sent: To: Subject: Good morning Gregg, Harrison, James A Monday, March 30, 2020 9:25 AM Bodnar, Gregg Re: UPDATE: CAMA - SUNSET VILLAGE HOA When I was looking at the site and comparing it to our record of SAV, I saw that the area outside of the canal (historically) has had a lot of SAV. The request for the turbidity curtain was mainly to prevent any potential turbidity from exiting the canal and depositing sediment into the SAV during bottom -disturbing activities, particularly piling removal/installation. Hope this helps to clarify the request. Let me know if there's anything else I can do. Thanks! Jimmy Jimmy Harrison Habitat and Enhancement jection NC Division of Marine Fisheries jamee.harrison@ncdenr.gov 252-948-3835 Email correspondence to andfrom this address is subject to the North Carolina Public Records Lmv and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, March 30, 2020 9:02 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: RE: UPDATE: CAMA -SUNSET VILLAGE HOA Morning James, I wanted to ask about the turbidity curtain. Standard conditions in our permits for bulkhead construction are that the bulkhead must be water tight before fill and that no fill is allowed waterward of the bulkhead. In addition a silt fence must be installed at the bulkhead cap and ground cover installed on any graded areas. Is there any specific reason for the turbidity curtain besides those issues? Typically we don't see that request for bulkheads or pier installs. Thanks, Gregg From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Thursday, March 26, 2020 11:47 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Deaton, Anne <anne.deaton@ncdenr.gov> Subject: Re: UPDATE:CAMA- SUNSETVILLAGE HOA Gregg, Comment sheet for the Sunset Village HOA permit project is attached. Thanks! Jimmy Jimmy [Jarrison Habitat and F rikancement5ection NC Division of Marine ris6erie5 james.harrison@ncdenr.e�ov 25 2-9+5-3 s 3 5 Email correspondence to and from this address is subject to the North Carolina Public Records Lmv and may be disclosed to third parties. t- o Bodnar, Gregg From: Scarbraugh, Anthony Sent: Wednesday, April 15, 2020 9:27 AM To: Bodnar, Gregg; Pullinger, Robert C Subject: RE: Sunset Village HOA Gregg, The area of concern is not only for upland work, but also for in water work that may generate turbidity in excess of established water quality standard of 25 NTU. The necessary measures to meet the turbidity standard in areas with tidal influence and SAV in the immediate vicinity may be installation of a turbidity curtain or other US measures. I hope this addresses your question. Although not typical practice, the Division has utilized similar measures in other projects. Regards, Anthony Scarbraugh D_EQ Anthony Scarbraugh Environmental4ecialistll, Water Resources North Carolina Department of Environmental Quality 252.948-3924 (Office) Anthony. Scarbraugh@ ncdenr.gov Elrair:n {rx •>.ts^x:utor.., •,ar]!or;.idf. :,a'c,>;t tt"(.:+„^;;.vs• C;;,. ,;v+,: ,, :r,:rrf t :r.r•i !:sr✓ be rfvdav�erf fn Nta!: f.g�;,>:; From: Bodnar, Gregg Sent: Wednesday, April 15, 2020 9:17 AM To: Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: RE: Sunset Village HOA Morning Chris, We have standard conditions for all bulkheads that address the S&EC for the uplands and use those consistently for bulkheads, but I was most interested in the request for the turbidity curtain a the mouth of a basin for the purposes of installing a bulkhead. To my knowledge this request in a basin is new and I wanted to get DWR's take. From: Pullinger, Robert C <chris.pullinger@ncdenr.gov> Sent: Monday, April 13, 2020 4:07 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Scarbraugh, Anthony <anthonv.scarbraugh@ncdenr.eov> Subject: RE: Sunset Village HOA Hey Gregg, •j: �l Based in part on that recommendation by DMF, I would concur that appropriate measures (e.g., an in -water turbidity curtain or silt fence/upland S&EC measures) should be put in place for the purpose of protecting/meeting the (SA, HQW) water quality standards at the canal mouth, in addition to protecting any possible (SAV or other) resources/habitats from being impacted. I'll condition my 401 WQC to reflect that concern, but other than that have no issues with the project, and should have the approval letter issued by the end of the week. Chris Pullinger Environmental Specialist II Division of Water Resources — Water Quality Regional Operations North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 252 948 3918 office chris. pu Ilinger0mcdenr.aov From: Bodnar, Gregg <ere¢a.bodnar@ncdenr.¢ov> Sent: Monday, April 13, 2020 9:32 AM To: Scarbraugh, Anthony<anthonv.scarbraueh@ncdenr.gov>; Pullinger, Robert C <chris.pullineer@ncdenr.eov> Subject: Sunset Village HOA Hey all, Just checking in. I got a request from DMF to use a turbidity curtain at the basin mouth to limit any sedimentation out into SAV habitat. I wanted to check to see if you all had any concerns with the proposed development and water quality. Thanks, Gregg [M dt 2us:�Y� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 80 2US ext 22S (Office) 9rUg,8*dnam%ncdenL4qv Email correspondence to ondJrom this address is subject to the North Caroltno PabUe Records f aw and may be dlsctased to third parties. • .J ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 6, 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. bodnaroncdenr.cov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Sunset Village Home Owners Association, Inc. Project Location: 0 Lands End Way (Parcel #015031016), Frisco in Dare County Proposed Project: Replace an existing bulkhead, boardwalk, docks, and mooring piles 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 March 27, 2020. If you have any questions regarding the proposed project, contact Yvonne Cancer (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" PRINT AGENCY 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. Chris Pullinger Division of Water Resources - WaRO SIGNATURE OAL,4. RECEIVED DATE April 13, 2020 DWR/BIMS Project #2020-0356 v1 APR 1 q 2020 uaam nruDW�� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 252264.3901 r it Regulatory Division SAW-2020-00460 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: APR ^ F 2020 AZP SECT10N V.E Reference the application of Mrs. Linda Matthews to replace 258' of wooden bulkhead with a vinyl bulkhead a maximum of T waterward of NWL with an associated 3' wooden bulkhead cap waterward of the boardwalk and backfilling with 516 sf of fill material, as well as replacing six Tx3' dock and 6 slips will be 12' from the new bulkhead and replace an existing 241 'x3' boardwalk adjacent the bulkhead, adjacent to the Pamlico Sound, at 0 Lands End way, in Sunset Village, Frisco, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project., 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States, No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. APR 1 5 2020 P SECTION MHD % 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 12. In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Copies Furnished: Mrs. Jennifer Burdette 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 Sincerely, osh Pel�et;er Regulatory Project Manager RECEIVED A P A ^ 2020 MP SECT:ON MHD 0 . Atlanta, Georgia 30303 Bodnar, Gregg From: Scarbraugh, Anthony Sent: Wednesday, April 15, 2020 2:36 PM To: Bodnar, Gregg; Pullinger, Robert C Cc: Harrison, James A Subject: RE: Sunset Village HOA Gregg, The Division understands the concerns of the Division of Coastal Management regarding concerns over impeding navigation via the installation of the turbidity curtain at the mouth of the entrance canal. Therefore, the Division will request a turbidity curtain or other measures be place in the local proximity of the in water work to address turbidity concerns raised by the Division and Division of Marine Fisheries staff. Regards, Anthony Scarbraugh Anthony Scarbraugh EnvironmeWal Specialist Il, Water Resources ta azolina aztment of Environmental Quality .✓ "�� Q e' 252948.3924NortC(Onepffice) And=y_Scazbraugh{a ncden<_gov &I SJY i.(ov"fn From: Bodnar, Gregg Sent: Wednesday, April 15, 2020 9:17 AM To: Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: RE: Sunset Village HOA Morning Chris, We have standard conditions for all bulkheads that address the S&EC for the uplands and use those consistently for bulkheads, but I was most interested in the request for the turbidity curtain a the mouth of a basin for the purposes of installing a bulkhead. To my knowledge this request in a basin is new and I wanted to get DWR's take. From: Pullinger, Robert C <chris.pullineer@ncdenr.¢ov> Sent: Monday, April 13, 20204:07 PM To: Bodnar, Gregg <Rre¢¢.bodnar(a@ncdenr.¢ov>; Scarbraugh, Anthony <anthonv.scarbraugh@ncdenr.¢ov> Subject: RE: Sunset Village HOA Hey Gregg, Based in part on that recommendation by DMF, I would concur that appropriate measures (e.g., an in -water turbidity curtain or silt fence/upland S&EC measures) should be put in place for the purpose of protecting/meeting the (SA, HQW) water quality standards at the canal mouth, in addition to protecting any possible (SAV or other) resources/habitats from being impacted. I'll condition my 401 WQC to reflect that concern, but other than that have no issues with the project, and should have the approval letter issued by the end of the week. Chris Pullinger Environmental Specialist II Division of Water Resources — Water Quality Regional Operations North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 252 948 3918 office chris. oul li nger(a)ncdenr.aov From: Bodnar, Gregg <gregg.bodnarC3Dncdenr.gov> Sent: Monday, April 13, 2020 9:32 AM To: Scarbraugh, Anthony<anthonv.scarbraughCcDncdenr.gov>; Pullinger, Robert C <chris.aullinger(Dncdenr.gov> Subject: Sunset Village HOA Hey all, Just checking in. I got a request from DMF to use a turbidity curtain at the basin mouth to limit any sedimentation out into SAV habitat. I wanted to check to see if you all had any concerns with the proposed development and water quality. Thanks, Gregg E Qg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 ON 2808 ext 21S (Office) Gre .Bodnar ncdenrVvv Emon correspondence to and prom this address is subject to the North Carolina Public Records tow and may be disclosed to thlyd portles. Received: 03/20/2020 historic Preservation Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 6, 2020 NORTH CAROLINA Environmental Quality ER 20-0597 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) re .bodnar ncdenr. ov SUBJECT: CAMA /Dredge & Fill Application Review Due: 03/30/2020 A-- NC/ NCH Applicant: Sunset Village Home Owners Association, Inc. Project Location: 0 Lands End Way (Parcel #015031016), Frisco in Dare County Proposed Project: Replace an existing bulkhead, boardwalk, docks, and mooring piles 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 March 27, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY Historic Preservation Office g�gy SIGNATURE _ { � RECEIVED DATE 04-14-2020 APR 2 1 2020 MP SECTION MH® o-MEQd 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Sunset Village Home Owners Association, Inc. 2. LOCATION OF PROJECT SITE: Association's northern section of docking facility/boat basin, 0 Lands End Way (Parcel #015031016), Frisco, Dare County Latitude: 35°14'16.61"N Longitude:75`37'37.13"W 3. INVESTIGATION TYPE: CAMA & D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 02/06/20 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 02/10/2020 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - Residential (B) AEC(s) Involved: EW, PTA, PTS (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Bulkhead, docks, mooring piles, boardwalk Planned - Bulkhead, boardwalk, docks, mooring piles (G) Estimated Annual Rate of Erosion: N/A Source - Application 7. HABITAT DESCRIPTION: [AREA] nRFnAFn FILLED OTHER (A) Shallow Bottom; EW, PTA N/A 516 sf N/A AECs (B) Open Waters; EW, PTA N/A N/A 126 sf shading (C) High ground — PTS N/A N/A 723 sf shading 3000 sf disturbance (D) Total Area Disturbed: 4,365 sf (0.10 acre) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: Closed to Shellfish Harvesting 8. PROJECT SUMMARY: The applicants propose to replace an existing bulkhead, boardwalk, docks and mooring piles in the Sunset Village HOA basin. RECEIVED MAR 0 6 2020 DCM-MHD CITY Field Investigation Report Page 2 Project Setting The proposed development is located in the northern section of a man-made basin in the Sunset Village subdivision, off of Lands End Way and Hwy 12 in the town of Frisco, Dare County. The canal of the basin connects to the waters of the Pamlico Sound. Work proposed will involve the shoreline of Parcels #015031016 and 53192 Lands End Way. The Sunset Village Home Owners Association (HOA) has a deeded easement that comprises of the installation and maintenance of the existing bulkhead, boardwalks, docks, piers and boat slips in the northern and southern sections of the basin. The existing slips are assigned to the subdivision's property owners and are not leased. The Sunset Village subdivision's parcels equate to approximately 11,000 square feet (sf), and the elevation is approximately 3' above normal water level (NWL). There is no Coastal Wetland vegetation on the project site; existing vegetation consists of indigenous yard grass, ornamental shrubs, and trees (including pine and Atlantic White Cedar. The shoreline of the development site is hardened by bulkheading. There is no notable erosion onsite; however, the existing bulkhead and dock/slips have deteriorated due to weather and age. The existing 3-foot wide, wooden boardwalk is slanted and crooked, and is not flush with the bulkhead cap, creating a safety hazard for property owners. The existing small docks are cantilevered to the bulkhead wall, and there are tie pilings creating 6 slips on the northern side of the basin. The bulkheaded shoreline around the Association's basin is approximately 650t feet. The depths in the basin range from -3.5' NWL at the end of the docks to -6' waterward of the of slips. The width of the canal in the project site area varies from 27' to 63'. The man-made canal and basin that are contiguous with the Pamlico Sound were permitted through CAMA Major Permit #50-92. Sunset Village HOA was issued a General Permit, #70013A, in 2017 for maintenance excavation of the entrance of the canal after Hurricane Matthew. The riparian property to the north is developed with a single-family dwelling, utility shed and swimming pool. The residence is located approximately 18' from the Association's bulkhead/basin. The riparian property to the southeast is developed with a building, and 6 slips with 2 finger piers. The south/southeast sections of the basin's shoreline are owned by the Association, and development includes 16 slips, 2 small docks, a kayak launch and boat ramp. The riparian property to the south is developed with a single-family dwelling, swimming pool, and pier/walkway. The waters of the Pamlico Sound are classified as Coastal Waters, and are in the Pasquotank River Basin. The Environmental Management Commission's water classifications for this tributary are SA and High Quality Waters (HQW). The project area is not within a PNA, and is closed to shellfish harvesting. RECEIVED MAR 0 6 2020 DCM-MHD CITY Field Investigation Report Page 3 Development Proposal The applicants are proposing to replace 258' of wooden bulkhead with a vinyl bulkhead a maximum of 2' waterward of NWL. A 3' wooden bulkhead cap is also proposed waterward of the boardwalk. Approximately 516 sf of sand fill from an upland source is proposed below NWL. The 6 existing 7'x3' docks will be removed during the bulkhead construction, and reconstructed with the same dimensions after the bulkhead is replaced. In addition, the 6 existing tie pilings that incorporate the 6 slips will be replaced 12' from the new bulkhead wall. The existing boardwalk adjacent the bulkhead will be replaced in a footprint of 241'x3'. Equipment for construction of the project will consist of a barge, backhoe, utility truck(s), and tractor. Anticipated Impacts The installation of the replacement bulkhead will result in the filling of ±516 sf of Shallow Bottom habitat in the EW, PTA AECs. Temporary disturbance will impact approximately t3,000 sf of High Ground habitat in the PTS AEC as a result of work related to tiebacks and grading. The replacement of the boardwalk will shade ±723 sf of the PTS AEC. The replacement of 6 docks will shade 126 sf of EW, PTA AECs. Submitted by: Yvonne B. Carver Date: 02/26/2020 RECEIVED MAR 0 6 2020 DCM-MHD CITY FEB 10 2570 PROJECT NARRATIVE DMEC FOR SUNSET VILLAGE HOME OWNERS ASSOCIATION, INC. PROJECT LOCATION: In the flood end of a canal that is contiguous to the Pamlico Sound and borders the platted lots of Sunset Village Subdivision and Lands End Way, Frisco, NC, 27936 CHARACTER OF PROJECT: Maintenance of the northern most portion of a private exclusive neigborhood docking facility, that constitutes less than 50% of the total docking facility in the canal. This north portion of the docking facility has 6 boatslips (6 small docks & 6 mooring piles) including a bulkhead and boardwalk. The boat slips are specifically assigned to the private property owners of the subdivision and are not for lease or commercial use. The docks, piers and boat slips are the property of and entrusted to the Sunset Village Home Owners Association, Inc., which includes installation and maintenance of these facilities; who have been granted easements for this purpose. (See DB 1201, Pg 572 attached). PURPOSE OF PROJECT AND METHODOLOGY: To provide safe protected dockage and safe direct access to navigable waters for residents of Sunset Village Subdivision and their guests, by replacing the existing, deteriorating, boardwalk, and boat slips (docks and mooring piles). And to maintain erosion control and storm protection for the canal boat basin and existing upland homes and their facilities, by replacing the existing deteriating bulkhead with a new bulkead. OTHER SPECIAL AND RELEVANT CONSIDERATIONS: No fueling and/or maintenance work shall be conducted at the boat slip locations within Sunset Village Subdivision. (See DB 1201, Pg 572) RECEIVED MAR 0 6 2020 DCM-MHD CITY AGENT AUTHORIZATION FORM FOR PERMIT APPLICATIONS Name of Property Owner Applying for Permit: Sunset Village Home Owners Association, Inc. c/o Linda Mathews, President Mailing Address: 5427 Adrian Rd. Wilson, NC, 27896 Telephone Number: 252-235-7963 1 certify that I have authorized Gary Price & Jennifer Price, agents to act on my behalf, for the purpose of applying and obtaining a Major CAMA permit necessary for the proposed development of: replacement of bulkhead, boardwalk, docks and mooring piles, at my property located at southern end of a canal off Lands End Way, in the Sunset Village Subdivision, Frisco, NC, 27936. This certification is valid through 12/31/20. Received JAN 3 17'2) (Property Owner Information) ®CM -EC bpjdD� NJw7-rt- ( or President, Sunset Village Home Owners Association, Inc. 7- Zee Date Telephone Number RECEIVED �E ��C, � awl, ou)A, Email Address MAR 0 6 7"0 DCM-MHD CITY Lee Grant Received Frisco Love Boat, LLC F a 0 3 2020 2404 Incline Ct. Goochland, Va., 23063 DMEC RE: CAMA Major Permit Application for Sunset Village Home Owners Association, Inc To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Sunset Village Home Owners Association, Inc. is applying for a CAMA Major Permit to replace bulkheading, boardwalks, docks and mooring piles on property located off Lands End Way, adjacent there parces #01502999 & #015031016 /Dare County and which is adjacent to your property. A copy of the application and project drawings are attached/enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return.to me 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 appropraite statement below and send your correspondence to the NC Division of Coastal Managemenl at 401 South Griffin St., Suite 300, Elizabeth City, NC, 27909. If you have any questions about the project, please do not hesitate to contact me at 252-305-6347 or the Division of Coastal Management at 252-264-3901. Sincerely, Gary Price ZIe no objection to the project as described. I have objection(s) to the as project desribed /-v2D Adjac t /Riparian Signat e / Date Ko ct, C72anr T, lyntat F�� 's�o ��e 8ngr, c c C t'b4` 68?,Pn?q Print r Type Name Telephone Number Address_ 0?9bq Incli'me CunT City cro"14111) state VA RECEIVED DCM-MHD CITY UNITEDSTATES A POSTAL SERVICE January 17, 2020 Dear gary price: The following is in response to your request for proof of delivery on your item with the tracking number: 7019 1640 0001 4909 8216. Status: Delivered, Left with Individual Status Date I Time: January 17, 2020, 3:05 pm Location: GOOCHLAND, VA 23063 Postal Product: First -Class Mail' Extra Services: Certified MailTM Return Receipt Electronic Shipment Details Weight: 4.Ooz Signature of Recipient: 1 X 11EVIA �- Address of Recipient: DIM linf Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. Thank you for selecting the United States Postal Service° for your mailing needs. If you require additional assistance, please contact your local Post Office TM or a Postal representative at 1-800-222-1811. Sincerely, �9 United States Postal Service® Received 475 L'Enfant Plaza SW Washington, D.C. 20260-0004 Jry 31 DMEC RECEIVED MAR 0 6 2o20 DCM-MHD CITY Lee Grant Frisco Love Boat, LLC 2404 Incline Ct. Goochland, Va., 23063 RE: CAMA Major Permit Application for Sunset Village Home Owners Association, Inc D G M-E G To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Sunset Village Home Owners Association, Inc. is applying for a CAMA Major Permit to replace bulkheading, boardwalks, docks and mooring piles on property located off Lands End Way, adjacent there parses #01502999 & #015031016 /Dare County and which is adjacent to your property. A copy of the application and project drawings are attached/enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to me 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 appropraite statement below and send your correspondence to the NC Division of Coastal Management at 401 South Griffin St., Suite 300, Elizabeth City, NC, 27909. If you have any questions about the project, please do not hesitate to contact me at 252-305-6347 or the Division of Coastal Management at 252-264-3901. Sincerely, Gary Price I have no objection to the project as described. I have objection(s) to the as project desribed Adjacent Riparian Signature Print or Type Name Address City RECEIVED MAR 0 6 2020 AffUNITEDSTATES POSTAL SERVICE January 23, 2020 Dear gary price: Received JAI (u:J DCMi-EC The following is in response to your request for proof of delivery on your item with the tracking number: 7019 1640 0001 4910 3669. Status: Delivered, Individual Picked Up at Post Office Status Date / Time: January 23, 2020, 3:06 pm Location: FRISCO, NC 27936 Postal Product: First -Class Mail' Extra Services: Certified Mail TM Return Receipt Electronic Weight: Signature of Recipient: Address of Recipient: 4.Ooz Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. Thank you for selecting the United States Postal Service° for your mailing needs. If you require additional assistance, please contact your local Post OfficeTM or a Postal representative at 1-800-222-1811. Sincerely, United States Postal Service® 475 L'Enfant Plaza SW Washington, D.C. 20260-0004 RECEIVED MAR 0 6 2020 DCM-MHD CITY Joseph E. Thompson 01/16/20 P.O. Box 68 Frisco, NC, 27936 RE: CAMA Major Permit Application for Sunset Village Home Owners Association, Inc To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Sunset Village Home Owners Association, Inc. is applying for a CAMA Major Permit to replace bulkheading, boardwalks, docks and mooring piles on property located off Lands End Way, adjacent there parces #01502999 & #015031016 /Dare County and which is adjacent to your property. A copy of the application and project drawings are attached/enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to me 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 appropraite statement below and send your correspondence to the NC Division of Coastal Management at 401 South Griffin St., Suite 300, Elizabeth City, NC, 27909. If you have any questions about the project, please do not hesitate to contact me at 252-305-6347 or the Division of Coastal Management at 252-264-3901. Sincerely, Gary Price I have no objection to the project as described. I have objection(s) to the as project desribed Adjacent Riparian Signature Print or Type Name Address City Received JAti 31 2i;7*) DCM-EC Date RECEIVED ()CM-MHD CITY UNITED STATES A POSTAL SERVICE January 21, 2020 Dear gary price: Received JA'I : .-) The following is in response to your request for proof of delivery on your item with the trackiDC EC ng number: 7019 1640 0001 4910 3576. Item Details Status: Delivered, Front Desk/Reception/Mail Room Status Date / Time: January 21, 2020, 7:11 am Location: WASHINGTON, DC 20410 Postal Product: First -Class Mail` Extra Services: Certified MaiIM Return Receipt Electronic Shipment Details Weight: 4.Ooz Signature of Recipient:0 "' allµ opticv Address of Recipient: C��o q 10 Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. Thank you for selecting the United States Postal Service' for your mailing needs. If you require additional assistance, please contact your local Post Officer"' or a Postal representative at 1-800-222-1811. Sincerely, United States Postal Service' 475 L'Enfant Plaza SW Washington, D.C. 20260-0004 RECEIVED MAR 0 6 2020 DCM-MHD CITY Secretary of Housing & Urban Development 451 7th Street, SW Washington, DC, 20410 01/16/20 RE: CAMA Major Permit Application for Sunset Village Home Owners Association, Inc To Whom It May Concern: Received 101 tt D C M.-E C This correspondence is to notify you as a riparian property owner that Sunset Village Home Owners Association, Inc. is applying for a CAMA Major Permit to replace bulkheading, boardwalks, docks and mooring piles on property located off Lands End Way, adjacent there parces #01502999 & #015031016 /Dare County and which is adjacent to your property. A copy of the application and project drawings are attached/enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to me 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 appropraite statement below and send your correspondence to the NC Division of Coastal Management at 401 South Griffin St., Suite 300, Elizabeth City, NC, 27909. If you have any questions about the project, please do not hesitate to contact me at 252-305-6347 or the Division of Coastal Management at 252-264-3901. Sincerely, Gary Price I have no objection to the project as described. I have objection(s) to the as project desribed Adjacent Riparian Signature Print or Type Name City Date (RECEIVE MAR 0 6 202 JCM-MHD CITY Ir Ln m 0 a n- ri 0 0 0 0 .n ,a Ir a 0 r` N m m 0 v- r9 0 0 0 0 s rq rq it ra 0 M1 ra rL -13 Ir O Ir 7 r9 m 0 0 O 1 -0 r9 W- 0 r- U.S. Postal Sl?rvice- CERTIFIEDI MAIL° RECPPT Domestic Mail Only RECEIVED MAR 0 6 2020 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor Environmental Qualify MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director TO: Susan Simpson The Coastland Times Manteo, NC 27954 leg a ls(a)thecoastlandtimes.net FROM: Ella Godfrey DATE: March 5, 2020 SUBJECT: Public Notice. Sunset Village Home Owners Association Please publish the attached Notice in the Wednesday, March 11, 2020 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Ellie Davis, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901, Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File RECEIVED MAR 0 6 2020 Not Carolina Deparlmentof Environmental Quality 1 Division of Coastal Management DCM-MHD CITY Llizaheth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 02/10/20. Sunset Village Home Owners Association proposes to replace an existing bulkhead, boardwalk, docks and mooring piles in the Sunset Village HOA basin located at 0 Lands End Way, Parcel #015031016, Frisco 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 03/31/20, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, March 11, 2020 RECEIVED MAR 0 6 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 252.264.3401 DCM-MHD CITY ROY COOPER Covennr MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORM CAROLINA Environmental Quality March 5, 2020 Linda Matthews, President Stmset Village Home Owners Association, Inc. 5427 Adrian Road Wilson, NC 27896 Dear Ms. Matthews: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to replace an existing bulkhead, boardwalk, docks and mooring piles in the Sunset Village HOA basin located at 0 Lands End Way, Parcel #015031016, Frisco in Dare County. It was received complete on February 10, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is April 25, 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 February 10, 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- t 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. HEDEIVED MAR 0 6 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 CITY OCM-MHD 1 252.2643901 Linda Matthews Sunset Village HOA, Inc. March 5, 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 Yvonne Carver, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Kelly Spivey District Manager, Northern District NC Division of Coastal Management KS/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Yvonne Carver, DCM, Elizabeth City, NC Gary Price, Agent, Stuart, FL (✓s a < ..a: /) RECEIVED MAR 0 6 2020 DCM-MHD CITY w N o 1 J L) a Cr U fl CAMA PERMIT APPLIED FOR PROJECT: Replace an existing bulkhead, boardwalk, docks and mooring piles. COMMENTS ACCEPTED THROUGH Mauch 31, 2020 APPLICANT. FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: ' Linda Matthews, President .-` Yvonne Carver Sunset Village HOA 401 S. Griffin Street, Suite 300 5427 Adrian Road Elizabeth City, NC 27909 Wilson, NC 27896 252-235-7963 252-264-3901, ext. 237 W1201PG0569 DAA4 CUmVrY - DRAW BY AND NAIL AMER RECORDING TO: NORTH CAROLINA David A. Dixon Dixon a Dixon Law Offices, PIT Past office Non 750 Avon, Borth Caroiina 27915 Declaration of Covenants goo�, 1201 Conditions and Restrictions of paBee 1119 - m Sunset Village p ca oxrrF"�rf 2Nc 4 WSW.S' 1:PPhDRRSfFR r, 9FSY Frisco, North Carolina Register of heed, OOV)31q e Bo THIS DECLARATION OF PROTP.CTIVE COVENANTS, nude and entered into Ok tM1i4 the 23i° dry of July, 1998, by Land's End Devdopmmt, LLC, hereinafter referred to u the "DxLranl." WITNESSETH- WHEREAS, the Declarant owns certain property in Frisco Ydlage, County of Dare, State of North Carolins, which property is more particularly described in Exhibh A, attached hereto and incorporated herein by reference, and WHEREAS, the Duch ent is desirmu of subjecting the said real property to the Protective Covenants hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and no with said reel property, and each and every lot or parcel which is a subdivided portion thereof and shall apply to and bind each and every owner thereof and the successors in onerest of any owner thereof, NOW, THEREFORE, the Declarant lsereby declares that all of the properties described in Exhibit A, and any additions thereto, if the Declarant brings that property under these same Restrictive Covenants by an Amendment to the Declaration, which is specifically provided for by this Declaration, shell be held, sold, transferred and conveyed subject to the following easements, restrictions, covenants and conditions, Page I of 14 Received J0 3 1 22ci DCM-EC +r NORTH CAROLINA-DARE COUNTY I CERTIFY THE FOREGOING INSTRUMENT TO RECEIVED BEA TRUE COPY AS COWARED WITH THE NF DI THIS OFFICE' OWG THIS DAYO MAR 0 6 2020 REG ST_ERO h SOF DARE COUNTY BY: DCM-MHD CITY DEPUTY/ OISTEROF DEEDS Hook 1201 Page 569 Bill 201PG0570 ARTICLE INTENT The real property described in Exhibit A hereof is subjected to the Protective Covenants hereby declared to insure the beat use and most appropriate development and improvements of each lot thereof, to protect the owners of lots against such improper use of sutrounding lots as will depreciate the value of their property; to preserve so far as practicable the namod beauty of said property; In guard against the erection thereon of poorly designed or proportioned structures, and strocturea built of improper or unsuitable roaterials; to obtain harmonious color schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereof on lots; to prevent haphazard and in -harmonious improvements on lots; to secom and maintain proper set -becks from sheets, and adequate free spaces between structures, and in general to provide adequately for a high type and quality ofimprovemenn in said property and thereby to enhance the value of investments made by limchssen of lots therein. ARTICLE B SITE AND BUILDING PLANS APPROVAL No building, fence, swunmting pooh or any other structure sMll be erected, placed, moved onto or sherd on my lot or premises; in Sunset Village unfit the building plans, specifirtons, and plot or site plan showing the proposed location on the lot of such improvements have been approval in writing as to cordomdty and harmony ofeaternal design with existing improvements in the development, and as to location of the improvements with respect to topography and finished ground elevation by an architectural review committee (the Architectural Review Board or "A, R.B.") composed of three persons designated and appointed by Dedarmm or its assigns. In the event said committee fails to approve or disapprove such design or location within sixty days afier said plans and specifications have been submitted to it, or in any event, in the case of major improvements, if mn suit to enjoin the erection of such improvements or the nulling of such alterations has hem commenced prior to the substantial completion thereof, such approval will not be required and this covenant will be deemed to have been fully complied with. Members of such committee shall be entitled to compensation for services performed pursuant to this cove mant. The Dadarant has promulgated an initial Arclutz Ural Review Board Application containing the requirmrents for proper review and approval of site and building plans. Said Application is hereby incorporated by reference herein as if set forth word for word and shall be the form used until otherwise ameruded by the A.R.B.416 The A.R.B. shall charge a fee of 1250.00 to defray the costs of the review procedures contemplated hereunder. The A R B. will provide each owns of a lot within Sunset Village Subdivision a list of standards and guidelines to be followed with regard to improvements erected within the Page 2 of 14 Received ias12-) DCM-EC RECENED MAR 0 6 2020 DCMHD C17Y Book 1201 Pape 570 U12(11PG(1571 subdivision. Said list is incorporated by reference herein as if set forth word for word, and shall be binding upon all owners and purchasers of lots in Sunset Village Subdivision The exterior appearance and the landscaping of each dwelling are considered eztrerady important by the developer in order to maintain the standards of quality, environment, anstheta,, quality of life, and overall appearance of this subdivision. The following items must be submitted to the A.RB. in order for the plans to be reviewed: she plans, house, building or comhuction plan& devotion plans, landscape plans (showing walks, drives, and type, size and location of=)or plantings and shrubbery and grass) • and samples of esnerior siding and roofing mazerials and colors. The site plans must indicate the distances to existing structures and lot lines on the same or adjacent lots. Each lot owner must also comply with all permit requirements of=maps] and other governmental authorities before beginning construction including, but not limited to, the obtaining of CAMA permit in the event such a permit is required. ARTICLE M ' COMMON AREAS ACCESS Fascm®q. Eascments for installation and maintenance of utilities (cable, water, sewer, electricity, telephone, walkways, etc.) and drainage fackies are reserved m described on the recorded plat. Within these easements, no azmcture, planting or other material shall be placed or Permitted to remain which may damage or imerfce with the us& installation and maintenance of the easernents. The easement on each lot and all improvements within the casements shall be continuously maintained by the owner of each lot, except for those improvements for which a public authority or utility company is responsible for maintaining. (a) The developer reserves the right to subject the real property in this subdivision to a contract for the installation of underground electric cables which may require an initial contribution and/or the installation of street lighting, which may require a continuing monthly or other periodic payment to the power supplier by the Surum Village Homeowners' Association, Inc. .� (b) The Declarant reserves for itself, its successors and assigns, and for the Sunset Village Homeowners' Association, Itc, its members, agents, employees, successors and assigns, access, ingress and egress easements over and across those certain areas designated m 15' Access & Maintenance Easement m well as the Common Area as shown on the recorded subdivision plat to provide access to and from adjacent Access & Maintenance Easement areas, the Common Areas, the Canal, Standing Run, and Hollow Leg Road. The Declarant also reservers the right, for itself, its successors and assigns, to install, construct and maintain walkways, boardwalks and Page 3 of 14 Received ;12! f:3 DCM-EC RECEIVED MAR 0 6 2020 DCM-MHD CITY Book 1201 Page 571 G11I20IPG+i572 related improvements over, across and through all said Access R Maintenance FAsemem areas and Common Areas shown on the recorded subdivision plat. (c) Fasemerns are hereby reserved ova and through each and every lot in the Suma Village Subdivision for the use, benefit end agoymem of the Ded,m,, its agents, employees, successor end assigns for the installation and maintenance of docks, pier, boat slips, roads, walkways, streets and panting area and for cable television services, sewage, water and other utility services, and such other reasonable services that the Declarant may, in its sole discretion, provide to said lots. Easements are also hereby granted over and through each and every his in the Sunset Village Subdivision for the use, benefit and enjoyment ofthe Surd Village Homeowners Association. Inc., its agents, employees, successors and assigns for the installation • and mauhterance of my docks, piers, boat .slips, roads, walkways, streets and parking areas and web other properties or improvements in and adjacart to the Sunset Village Subdivision owned by or encrusted to the Sunset Village Homeowrnes' Association, Inc. Said easements in favor of Sunsa Village Hommwners' Association, Inc. shall include the rights of access, ingress and egress to fulfill its obligations under the By-laws of said Association and all applicable Deeluvions and to enforce said By -Laws srd Declarations for the benefit of and against all lot owners m the Sunsa Village Subdivision Any easement and riglrts ofa s herein granted or reserved by that Article shag not obligate the parsecs, corporation, mlmiapalily, or other entity in whose favor the statement has been granted or reserved to provide the services or improvements for which the casements have been created, unless, in each instance, they are othervdse obligated to provide web service or improvement. Decks. pica and boss shoe. The docks, pies and boat slips located along and adjacent to that certain canal which borders the platted lots in Sunset Village Subdivision me the property of and are hereby entrusted to. the Sunset Village Homeowners' Association, Inc., to be assigned to lot owners in Sunset Village Subdivision and to be otherwise repaired, maintained, owned and administered by the said Association in accordance with its By -Laws. No portion of any of the mid ducks, poet and boat slips which may be located upon and within the platted lots of Sunset Village Subdivision shall be considered a part of such lots and the owns of such lots may not claim to be the fee simple owner of any wets portions of the docks, pier and boat slips located on their lot. Said lot owners ate granted a eon -seclusive emurhem of access, ingress and egress over the doda, piers and boat slips of the Sunset Village }{omenwrhai Assocamon, lac., ss is otherwise herein provided No fueling and/or major maintenance work anal] be conducted at slip locations within • Sunset Village Subdivision. No alienations to boardwalks, docks, piers, etc,. shall be made without the prior written approval of the A.R.B. Coustpt Ign n_ a d RCR& of Puss Owners of lots with wundside view may, under certain conditions, construct piers from their property into the Pamlico Sound. In addition to obtaining the required permits from the applicable governmental agencies, any such wnNudion must be approved in writing by the ARB. prim to beginning construction. provided that owners Page 4 of 14 Received DCM-E% RECEIVED MAR 0 6 2020 DCM-MHD CITY Book 1201 Paps 572 ui(12(111%;i57 j- of lots with soundside view have obtained the appropiat- govanmmal panes and the appropriate written approval from the A.R.B. prior to beginning construction, all pies constructed on or adjacent to lots with soundside view shall be considered private in nature and not intrusted to, owmed or maintained by the Sunset Village Homeowners' Association, Inc. Owner of said lots who construct pint from their prop" into the adjacent waters ofthe Parnfico Sound dull be responsible for maintaudng said piers in good repair at the owners' sole cost and expense', provided that if said lot owner fail to maintain the pier constructed from their property in good condition, to be determined in the Declarant's or the Association's sole and absolute discretion, then the Dechsrant or the Association shall have the right to muse such repairs to be nude to the structure as it deems necessary and to charge these costs and expenses • for said repairs to the lot owner. Upon failure of my lot owner to pay arty such costs and expenses when due, the amount owed slug become a lien upon the applicable lot enforceable in accordance with the provisions of Article VI of the Declaration. For the purpose of msming the Association's right to repair any such pica the Association hereby reserves au aaaan or over. through and across each and -very lot in Surect Village Subdivision, for the use, benefit and cojoyrrrem of the Decho nt, its agents, employma successor and assigns, for access to the pia for the specific purpose of performing any necessary repair work. Except as set forth above, the Association and its mambas shall rut have general access rights to the pits, however, if any such piers we connected to common walkways, boardwalks or related improvements constructed on or adjacent to the lot, said walkways, and boardwalks shall retain the property of the Association. D-trHomn�m�gtis. The Declarant hereby reserves uma itself, is successors and assigns run-a-lusive easements and lights over and. through Sundog Run, and the other roads, streets, Parking areas, docks, piers, boat slips and other areas in and adjoining the Sunset Village Subdivision, for the use, benefit and eejcynamit of Lands End Development, LUC. its agents, employees, successors and assigns. Said easements are rsswnd for the purpose and intent of developing and improving lards and properties in Sunset Village Subdivision according to is plan and m iLin us sole direction, may dins proper. Declarant scarves the right to create additional subdivisions m other plumed communities on adjacent LAM and to add such additional subdivisions or other planted communities to the Sunset Village Homeowners' Aaamaation, Ise. The plans of the Declarant are to build or develop approximately 30 lots in the residential area of Sunset Village Subdivision, but no nssurmcm are given that any or an of such units shall be developed. To the extent such residential lots are developed, they will be added to the Sunset is Village, made subject to these covemns, and the owner of these added lots will be obligated to pay their pro rut share of the common expmsey of said Association. Received AN 3121"D Page 5 of 14 DCM-EC 0 RECENED MAR 0 6 2020 rjCM_MHp CITY Book 1201 Pape 673 BR 1201 PG0574 ARTICLE IV PROPERTY RIGHTS 0wnerPsEifsctfIcm,ofEBjomat. EveryOwner shall have a nonexclusive sight and easunest ofenjoymem in and to the Common Areas u set forth on the plat of Sunset Village Subdivision which shall be appurtenant to and shag pass with the title to every Lot, subject to the following provisions: (a) the right ofthe Declarant or Surest Village Homeowners' Association, Inc. to promulgate rules and regulations to maintain the Common Area, (b) the right ofthe Declarant or Sunset Village Homeowners' Association, Inc. to • impose regulations for the use and enjoyment of the Common Arm and improvements thereon, which regulations may finther restrict the use ofthe Common Area. Delon ofl I Any Owner may delegate his right or enjoyment ofthe Common Areas to the trembles of his family, his truants. guest, or contract purchasers who reside on the Property ARTICLE V USE RESTRICTIONS Permitted Structure. No building shall be erected, altered, placed or permitted to remain on any Lot other than one single-family Dwelling Unit (thereby alm asly excluding the construction of duplme, double or mulople,unit Dwelling Units on any Lot) and a garage or other out building approval by the A.R.B. in accordance with the terms of Article 11 ofthis Declaration. Any Dwelling Unit constructed on a Lot aball have a maximum height of 52 feet and have not less than 1 6W square feet of haled and enclosed living area The calndalion of heated and enclosed living area shall not include garages. decks, porches and walkways. Roof slopes on the main roof shall not be less than 6112. LOcidiffl el m S Well- nd SCIttm SyStans 0, 1 pt. Budding setback lines have been noted on the recorded plat of the Sunset Village Subdivision. No building shall beamed on any Lot except within the building setback lines noted on the recorded plat of the Subdivision. When one Owner acquires all or a portion of two or more adjoining Lots, then and in that event, the adjoining one or more Lot may be used as one building site, in which event the setback require- • manta noted on the recorded plat of the Subdivision shall apply to the outside perimeter property line ofthe combined Lots acquired by a single Owner. Re -subdivision of I ats. No Lot shall be subdivided or re -subdivided to create an additional Lot or Lots. However, than may be added to or combined with any Lot as shown on the recorded plat ofthe Sunset Village Subdivision all or a portion of another Lot or Lots to produce a lugs building site upon the written consent ofthe Develops. Page b of 14 Received jet! E 11""1 DCM-EC RECEIVED MAR 0 6 2020 DCM-MHD CITY Book 1201 Pape 574 'iI?.611'G 1575 Completion ofduildin¢. All construction on a Lot shall be completed within nine(9) months from the commencement thereof, provided, however, then the A. R. B. may extend such time for completion of construction what. in the committee's seta opinion, such an extension of time is warranted. Cable Television. So long as cable television service is available, no exposed antenna shall be erected on or used on any Dwelling Unit or Lot. Ifcable television service is unavailable, an exposed antenna may be erected ody with the approval ofand anbject to conditions imposed by the A.RB. No exposed satellite dish in excess of 20 inches in diameter shall be permitted on any Lot. ® Sil . No street shall be laid out or opened across or through any Lot. Siena. No billboards or signs shall be erected or allowed to remain on the Properties except "For Sale" signs, "For Rem" signs and signs giving the name of a Dwelling Unit WWm its Owner not exceeding six (6) square feet in total area. No such pertained sign shall be illurmsted. Notwithstanding the foregoing, the Homeowners' Association may erect such signs on the properties as it, in its sole discretion, deems necessary m the development, operation and marketing of the properties or the normal conduct of its Business, sips of general contractors and construction lenders may be awed during construction and mount be removed prior to obtaining a certificate of moupancy for the Dwelling Ur400nstructed on a Lot, and the Homeowners' Association may erect such informational signs on the Common Am as it deems appropriate. The Homeowners Association nay enter upon the Lot of any Owner and remove any sign violating this Section, and such entry by the Homeowners' Association or his representative shall not be deemed a trespass. A sign so removed may be left on the Lot to be removed Rom the premises or destroyed by either the Lot or the sign Owner. Vehicle Storage. Upon construction of a Dwelling Unit, a Lot Owner shall provide sufficient parking space on his Lot and off the abutting street for at least two (2) vehicles. The storage of travel trailers, campus, trucks and self-propelled mobile homes shell be in a garage or under the Dwelling Unit. NO one shall five in or occupy campers, trawl traders, trucks, self- propelled mobile lames and other vehicles while parked on a Lot. Drivxwn . During construction, an Owner shag provide access to his Lot for workers and for unheeding construction materiels by means of at least a temporary driveway. The Lot isOwner shall repair end bear the expense of repairing subdivision streets damaged by vehicles in conndroon with [he con#ruction on his Lot. The Homeowxxeri Association ray require a Lot Owna to install a culvert underneath the driveway serving his Lot at the point at which that driveway intersects a subdivision street, and the Lot Owner shag pay the cost of the culvert and its installation. At m prim to the completion of the construction of a Dwelling Unit on a Lot the Owner thereof shag paw the driveway and all parking arms saving that Lot in concrete, asphalt or other paving materials approved by the Homeowners' Association. 11 Page 7 of Id :Received ::(i P S J DCM-EC RECEIVED MAR 0 6 2020 DCM-MHD CITY Book 1201 Page 575 o81201Pl;0576 Scmemnp. Each Lot (honer shall provide screening from the public view for garbage stations, fuel tanks, rubbish storage receptacles or any other Permanent facility that is required to preserve the beauty and harmony of the Properties. All rubbish shall be placed in receptacly screened kom public view accept as required to accomplish the collection of rubbish from those receptacles. Palings. All Dwelhng Units constructed on the Properties on a foundation of or which are supported by pilings shall utilize pilings at base eight (8) inches in diameter (or having the strength or other structural daract'llWal of pilings of 4 least eight (8) inches in diameter), which shall be buried on less than eight (8) feet below the surface of the ground. All pilings slWI be enclosed with siding or lattice approved by the Homeowners' Association. • TemlatGU SIDIIA1 No temporary structures, such as a trailer, tent or shack, shall be constructed or placed upon any Lot before, during or after completion of construction ofany buildings and structures except for such shm"MCS u me normally used by construction contractors during the period of comtruction. Such temporary structures shall be promptly removed after completion of commuction and may not be used as residences while on the Lot. Mobile Homes. No mobile home, manufactured home, modular home, trailer, memahonel vehicle or other like structure shall be located or installed on arty Lot to be used as a residence. As used herein, mobile home, mamftchumd home or modular Forme shall mean a structure assembled in whole or in part in a location other than on the Lot itself, transportable in one or more sectioru, any section of which, during transport, if four feet or more in width and ten feet or more in length, which may or may not be built on a permanent chassis and which is designed to be used a a dwelling with or without a permanent foundation when connected to the required utilities. No arceanry building previously constructed elsewhere shall be moved onto my W. provided, however, that trailers to be used as sales offices or for construction purposes shall be allowed during the construction and sales periods. W &Aod Cewa= . All wells, toilets and sewage units shdI be installed and located in accordance with the ndes and regulation, of the North Carolina Department of Health or its succesmr regulatory agency. No outside toile. will be permitted under any circumstances veep, thou self-contained temporary facilities used by construction worker during the period of construction of a Dwelling Unit on a Lot, and my such self-contained unit shall be removed aft, completion ofconstmction or before occupation of the Dwelling Unit, whichever shall first occur. Animas. No pets other thin household pets in reasonable numbers shall be kept in or on • the Properties w anytime. No savage or dangerous trims, shall be kept. No pets may be raised or bred for sale or maintained for commercial purposes. Further, an Owner nay require the Permanent removal ofany pet causing or creating a nuisance or unreasonable disturbanoe or noise. For purposes ofthis provision, household peals slag ref, to dogs, cats, birds and fish. Pap 9of 14 Received ° 7 DCM-EC RECEIVED MAR 0 6 2020 DCM-MHD CITY Book 1201 Page 576 BI(1201PG0577 Discharge of Fireamns Hunting and trapping of wild animals, fowl and game and the discharge of firearms and/or bows and arrows within the properties is prohibited, urdeas required for public safety. Vehicle Use. All motoriuM vehices operating within the propertes roust be properly muffled so as to dimrin ge raise which night be offensive to other. Two and three whed motorized vehicles, as well as four wheeled go-carts or beach buggy type vehicles are prohibited from being used or operated on or within the Common Properties. Nyu110i[ta. It shall be the responsibility of each Lot Owner to maintain the exterior of his • Dwelhng Unit and the surrounding grounds of his Lot in a clam tidy and safe manner, and such Lot Owner shall be neeponvble for preventing wane from occurring to any structure on his Lot. In the event of destruction of or other casualty to the building or structure, the premises shall be cleared and debris removed therefrom by the Owner of the Lot within sixty (60) days from the date of such casualty. (a) No Lot shall be used in whole or in part for storage of anything that might cause ruck Iqt to appear cluttered, unolesn or obnoxious to the eyc, nor dull any wbaarcc, thing or materiel be kept on any Let that emits foul or obnosiore odor, noises or other conditions that will or may disturb the serenity, safety or comfort of the occupants of surrounding property. No obnomous or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon to create a nuisance to the neighborhood. (b) After construction has commenced on a Lot, the Lot Owner and his builder shall keep the Lot clean and oat in appearance. A trash and rubbish container at leag eight (8) feet wide and eight (8) feet long shall be maintained during construction. All enunruction trash and debris shall be placed in the trash container and removed from the premises by the Owner or the Wilder. The bunting oftrash and rubbish is expressly prohibited. No s"cmae, including the Dwelling Unit, shall be occupied until all cone umion rash, rubbish, debris and the trash comaina have hem removed from the premises. (c) No junked, wrecked or inoperative wtomobihes, trucks, buses or boats shall be permitted to remain on the Properties unless otherwise permitted by this Declaration, nor shall un- sightly material be gored thereon Owners of unoccupied Lots shall at all tunes keep and maintain then Lots in an orderly mamvr and prevent the accumulation of rubbish and debris upon is the premises. ! t� IdaloJma„a... Each l.m Owner shall keep his Lot cleared of unsightly underbrush, weeds, debris and lumber. Page 9 of 14 Received DCM-EC RECEIVED MAR 0 6 2020 DCM-MHD CITY Book 1201 Page 577 6I(1201PG0578 ARTICLE V I ASSESSMENTS, LABILITY, LIEN AND ENFORCEMENT lotto[. The Horneoxners' Assocknion is hereby given the reeponsibihty and authority to administer the operation and management of the common areas, docks, bulkheads and boat slips Of the property, it being recognized that the delegation of such duties to one entity is in the best interests of the Owners ofall residential lots in the Subdivision. To properly administer the operation and management ofthe common areas, docks, bulkheads and boat slips ofthe property, the Association will laws, for the mutual benefit of all the owners of loss cost., and expenses. To provide the funds necessary for such proper operation, managmant, capital improvements and repairs after damage from hazards, the Declarant hereby grams the Homeowners' Association the • right to nuke, levy and collect assessments against the members ofthe Homeowners' Association and their lots. en I mtheranee ofthis grant of authority to the Association to make, levy and wiled assessments to pay the was and expenses ofthe operation of, the management of and for the repair and capital improvements to, the common areas, which for the purpose of these Articles shall be deemed to include, but not limited to, the private streets and roads of the Subdivision and all Other improvements the following shill be operative and binding upon the owners ofall residemial lot. ASICRIMents and Chat . The purchaser of each lot owned within the property, by acceptance of a Dead therefor, whether or net is shall be so expressed in such Dad, is deemed to covenant and agree to pay to the Homeowners' Association (1) Annual assessments or charges, and (2) Special assessments for capital improvements or special assessments as established by the Board ofDirectors ofthe Association, such assessments to be established and collected as hereinafter provided and as may be further provided in the Articles and Bylaws ofthe Homeowners' Association, LIM The annual and special assessments for capital improvements, ingather with any interest, costs and reasonable avorney's fees, if any, shall be a charge on the lam and shall be a continual lien upon each lot against which they are levied. Each such asxasmem, together witth interest, was and reasonable attorneys fees shall also be the personal obligation of the person or entity who is the owner of such lot at the time when the assesaments fall due. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the property and in particular, for the maintenance, repair and replacement of arty and all improvements of the • property and the entrance arras to Sonaet Village, as well as the acquisition and maintenance of arty and all other common mess of the property, including the costs of repair, repaving, replacements, additions, the win of labor, equipment, materials, management and supervision, the payment of taxes assessed against any of the common areas, utility services and the procurement and maintenance of insurance, as deemed necessary by the Board of Director. Page 10m17 14 Received I'll 31 2rel DCM-EC • RECEIVED MAR 0 6 2020 W Book 1201 Page 578 m 1201 PG0519 Emits on Avxcment . The annual asseament for each calendar year doll be established by the Board of Directors and cosy be increased by the Board of Directors for any calendar year without approval by the membership by an amount not to exceed ten percent critic maximum annul assessment of the previous year. The inisial annual a Sfflem shall be SIDD.DO. The maxmum annual assessment for any calendar year may be increased without limit by a vent of two -thuds of the members of the Homeowners' Association who are voting in person or by proxy in a mating called for this purpose Additionally, special assnsmems for the purpose of repair, construction, reconstruction, replacement ore capital improvement, the roads and streets of the property, the common areas, the bulkhead, docks or slips on the canal, including fixtures and Personal Property related thereto, shall be equally enforceable if approved by a vote of two-thirds • of the members of the Homeowners' Association who are voting in person or by proxy at a meeting called for this purpose. Assessments shall be uniform for all lots and shall be collated as provided by the Board of Directors. Asetments dull be hdd to a rawmble sfandud as regards the expenses and costs of the Homeowners' Association. Notice .d Quorum for Mm ngs and r t- nice wnt,m mtia of any enegurg called for the Purpose oftaking any action regarding special asaaments, or regarding annual aasessanneots in exaas of tea percent of the prim year's asessnrcm, shall be sent to all members not less than tendays mer more than 60 days in advance of the meeting. At the fast such messing called, the presence of mmnbas m ofproxia entitled w cart fifty pecem cf all votes of the membership shall constinne a quorum. Ifthe required quorum is not present, amthar meeting may he called subject to the same notice requiremem, and the required quorem at the wbmqumt crating(s) shall he three -fourths ofthe required quorum of the preceding meeting Nrg1PW=LQJ[AsWM= Any assessment not paid within thirty days after the due date shall bear interest from the due date W the mte of eighteen percent per ageor The Association may bring an action rt law against the owner personally obligated to pay the acme or foreclose the Jim against the lot and interest, costa, and reasonable aromey's face of arch action or foreclosure shall be added to the amount of the assessment No owner may waive or otherwise Grape liability for the assessment provided herein by non-use of any of the common areas or abandonment of his Inc. The Gen herein granted unto the Association shall be enforceable from and after the time of recording a claim offien in the public records of Dwc County, North Carotin; which claim shall state the description of the lot encumbered thereby, the more of the record owner, the amount due and the date due. The claim of lien shag be recordable arty time after default and the him shall continue in eRect until all gums secured by said Gen as herein • provided shall hags been fully paid. Such claims of lien shall include only assesmsents which are due and payable when the claim of lien is recorded, plus interest, coats, atto ney's fees, advances to pay taxm and Prior encumbrances and interest thereon. Such claims of ben shall be signed and verifiedby an officer or agent of the Homeowners' Associatim. Upon full payment of all sums secured by such claim oflim, the same shall be satisfied of record. The Gen provided for herein shell be subordinated to the lien of an y first mortgage or Deed of Trust and any person, firm, or corporation acquiring title to any lot by deed in lieu of foreclosure in -judicial aide, shall be liable and obligated only for assessments m shag accrue and become den and payable for said lot Page 11 of 14 Received JCM-EC RECEIVED MAR 0 6 ?F9 LK;P,r—ice -"-C(TY Book 1201 Papa bhp GS 1 201 PG011)8U subsequent to the date of acquisition of such title, andil shell not be labile for the payment of any assesamenb which were in default and delinquent at the time it acquired fide. ARTICLE VII GENERAL PROVISIONS Elifuzonxist. Any Owner, as well as the Homeowners' Association, shall have the right to enforce, by toy proceeding at law of in equity, an restrictions, conditions, covenants, reservations, now or hereafter imposed by the Provisions of the Decimation. Failure by the Homeowners Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do su thereafter. • Semmbility. Invalidation of arty one of the coveans or restrictions by judgment or coon order shall in noway affect any Other provisions which shall remain in fdl force and effect. Declu..rt Cool Pan Notwithstanding anything contained herein to the contrary, the Dammam, Land's End Development, LLC, its surussora and assigns, shall have the right to appoint and designate the entire Board of Directors of the Sunset Village Homeowners' Association, Inc until January 1, 2003, or until such earlier time as the Dedmam surrenders its authority to so by an express Amendment to these By -Laws exeasted by the Declarant and approved by the Board ofDirecton. Beginnyg with the first annual meeting ofhere membership of the Association after January 1, 2003, the Board of Directors shall be elected by the members as set forth in the By -Laws. This provision shall control and prevail over any inconsistent term or provision otherwise contained in the Decimation, Arty amendment, modification or alteration to this paragraph shall firm be approved, in writing, by the unanimous consent of the Board of Directors of the Association R'ohta of SUB= H�._s ateo Inc The Suran Village Homeow a ri Assocation, Inc, is hereby granted the absolute still exclusive right to nuintaiq control and assign the docks, piers and boat slips throughout the residential eras of Sunsd Village, Inc. The docl¢, piers and boat slips are to be used by and assigned sulely to owners in Sunset Village Subdivision, The Sunset Village Homeowners' Association, Inc. is hereby given the right and option, in its sole discretion to charge and amass the lot owners in this subdivision for the costs of mam enance, upkeep and repair of the docks, piera and boat slips. The assignment of dockage shall be in accordance with the provisions of the By -Laws of the Sunset Village Homeowners' Association, Inc . No boat or that vessel or crag snail be docked or moored in the waterways and canals in Sunset Village Subdivision so as, to block or hinder the reasonable access, ingress and egress of others. No boat or other vessel in craft over eleven feet (I P) wide, measured a the "Mane", shall be allowed in the residential area of Sunset Village Subdivision, unless it shall first seek and obtain the prior written approval of the Board of Directors of the Sunset Village Homeowners' Association. The Board of Directors of the Sumer Village Homeownci Association may by Page 12 of 14 Received 1DCM-EC RECEIVED MAR 0 6 2020 DCM-MHD CITY Book 1201 Page SW OK 1201 PG0501 appropriate resolution, make such other and further rules and regulations concerning the use and enjoyment of the docks, piers, boat slips, canals and waterways in the residemial arm of Sunset Village Subdivision. Term and Amendment. The covenants and restrictions of this Declaration shag mn with and bind the Properties for a term of thirty (30) years fiom the date this Declaration is recorded, after which time they shag be automatically extended for successive periods often (10) years. This Declaration may be amended during the first thirty (30) year period by an matum rt signed by not less than ninety percent (90%) of the Owns, and thereafter by an instrument signed by nat Isar than seventy-five percent (75%) of the Owners. Any amendment must be properly ® recorded in the Dare County Registry. 'EalyQ' The Homeowners' Association may from time to time grant to the own or owns of Iota within the subdivision a waiver or variance from the provisions of the declaration. The conditions under which such a waiver or variance may be granted slug be in the total discretion of the Homeowners' Association. It is understood the the existence of this power does not creme a right in my homeowner or lot owner to such action by the Homeowners' Association and the decision of the Homeowners' Association on Toques, for waiver or variance shall be finsl. The expressed purpose of the power as described in this paragraph is to enable the Homeowners' Association to alleviate hardships created by the tams of this declaration under cirwmrtances which are, beyond control or fault of the patties, would create irreparable harm or umsecessary hardship without and action; or under conditions whew title to the property in question is clouded, encumbered or detrimentally effected by the existence of conditions which cannot otherwise be corrected. Even when conditions as described herein exist so that waiver or varia cc appears appropriate, granting such waiver or variance shall remain completely widun the discretion of the Homeowners' Association. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this instrument under seal as ofthe _23 day of July, 1998, (SEAL) a End ® 58y. Joseph E. Thampsen, Managing Member '3 _(SEAL) Land's End evelopmexd, LC B. Tani f. Thmn. . h tuber Page 13 of 14 E Received IAN 31 m.0 DCM-EC RECEIVED MAR 0 6 2020 DCM-W4D CITY Book 1201 Page 581 State of North Carolina CI(12 01 PG 0 5 0 2 County of Darc L a Notary Public of the County and State aforesaid, certify the Joseph 8. Thompson, mg Member of Und's End Development. LLC. a limited liability company, personally before meat and acknowledged the due exeuton of the foregoing mstru ens an )f the v 1 amnP or seal, this 2i day of r�I , 19999S i9 pUB6lG: C,Z Notary Public • ,,''sl'CODN'f a••••• Dry Commission Expires: tb. 3a,}.w State ofNorth Cerobm County of Dare L a Notary Public of the County and State aforeeeld, certify that Term J. 71ompson, Member of Land's End Development, LLC, a grmted liability company, Pwwn* appeared before me this dry ands�wwiedged the due execution ofthe forcgmng instrument on behalf of the comparry. •• fA,�li�p or eeg. this L6 day of ._ lam, 199 J'. o ing861G {r - Notary Public My Commission Expires: I o. s b. }nap North Carolina Dare County Th. foregoing cart ficate of .UC1 V, F.- �IOD 11 a Hotary Public of�(]fp._T is certified to be correct. Mis 1 trosaot and this certlfleeta are duly registered at • the date and rine is the Book and Page show w the first page hereof. BarbrraX. Gray, �Hagiete/r of Dee ey�UU/1r64i�1.() "at. Register of Deeds Page 14 of 14 Received 11 .12.25 DCM-EC RECEIVED MAR 0 6 2020 dOCM-MHD CITY Book 1201 Page 682 OK1201PG0583 Exhibit A Sunset Village, Phase 1 • All of the property described as Sunset Village, Phase I (including the private right-o6-ways therein turned Lands End Way, Srmdog Run and Hollow Leg Road), ss well u the mmmon area of Sunset Village, as dewnW on that plat entitled "Final Plat of Sunset Village — Phase I" and drawn by M. Douglas Styom, Jr., Registered Land Surveyor, for Lands End Development, LLC, said plat dated January 11, 1998 (see notes thereon for revision dates) and comprised of three separate sheets all of which is, or shall be sinmkaneously with the recording ofthese restrictive covenants, recorded in the Dare County Registry. Said plat is hereby referenced for a more particular description and is incorporated ihlly and completely herein • L RECEIVED MAR 0 6 2020 ,CM - AHD CITY Book 1201 Page 583 Received Permit No Applicant' Project Address: NC Division of Coastal Management g 9 6 3 ©B c n Cashier's Official Receipt Date: 1,1'3 / 20 -1 a Check No.: / a-)- ) County: _ a ✓e- Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: M ell Signature of Field Representative: U Date: 1 1 vv Date: / RECEIVED MAR 0 6 2020 DCM-MHD CITY MAJOR PERMIT FEE MATRIX Applicant: Sunset Villase IIome Owners Association, Inc. Development Type Fee DCM % DWQ % P (14300 1601 435100093 1625 6253) (24300 1602 43510OD95 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- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4175 (See attached can be a lied: pp III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4175 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: ral Water III(D:(see ED Qualcation No. $400 60%($240) 40%($160) 4175ched) cannot r401%10 be a IV. For development that nvolves the filling and/or $475 60% ($285) ($190) excavation of more than one acre of wetlands and/or open water areas: rSGIlCI V MU MAR 0 6 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 (1110112012) Applicant: SUNSET VILLAGE HOMEOWNERS ASSOCIATION (HOA) Date: 03r0520 Project Site County DARE Staff., YVONNE CARVER District ElErizabath City Washington [Morehead City ❑Wilmington Project Name: IMPROVEMENTS TO HOA BASIN Latitude: 35'14'16.61 N Longitude: 75'3737.13"W Date of initial application submittal (EX., 142007): 01131120 Date application 'received as complete"in the Field office (EX., 1/82007): 0211020 Permit Authorizadon: CAMA Dredge & Fill NBoth INFORMATION PNA: ElYes NNo Photos Taken: Yes® NoEl Setback Required (ripaden): UYes No Critical Habitat: U Yes NNo UNotSum 15 foot waiver obtained: El Yes MNo Hazard Notification Returned: []Yes ®No SAV. Yes ON6 ONot Sure Shell Bottom: Ll Yes WNo Not Temporary Impacts: OYes No Sure Sandbags: Yes ZNo Not Sure Did the land use classification come from Mitigation Required (optional): county LUP: ®Yes ❑No ❑Yes ®No Moratorium Conditions: Yes No Environmental Assessment Done: ®NA []Yes ❑No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) El Future Water Supply (FINS) Nutrient Sensitive Waters (NSW) I U Swamp Waters (SW) High Quality Waters (HQW) Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) U (SS) Glasswort (Salicomia sp.) wetlands) El (CJ) Saw grass (Cladium jamaicense) Ll (SA) Salt marsh cordgrass (Spartina (SY) Soft reed grass (Spartina altemiffora) cynosuroides) (DS) Salt or spike gress (Distichlis (SC) Bulirush or three square (Scirpus 0 (TY) Cattail (Typha sp.) spicata) Sp.) (JR) Black needlemsh (Juncus 0 (SP) SalNmeadow grass (Spardris roemenanus) patens) APPLICATION FEE No fee required - $0.00 0 III(A) Private, w/ D&F; 4175 can be Ll III(D) Priv. public or comm w/D&F to 1 applied - $250 acre; 4175 can't be applied - $400 Minor Modification to a CAMA Major 0 Major Modification to a LAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer- $100 C1 It1(B) Public or commercial w/D&F to 1 Express Permit - $2000 acre; 4175 can be applied - $400 El Major development extension request - 0 It. Public or commercial/no dredge $100 andforfill - $400 Ll 1. Private no dredge and/or fill - $250 111(C) Pnv. public or comm wrD&F to 1 RECEIVED acre; 4175 can be appfiFZ; DCM needs DWQ agreement - $400 252-808.2808 :: t-SBOARCOAST :: wwW agcoaatalmanpggme DCM-MI'IU til i T 2 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) ------ - - -- Applicant: SUNSET VILLAGE HOMEOWNERS ASSOCIATION Date: 03/0520 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Numbs Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 r One One BULKHEAD I New Work Replace 258 1 - 2 Malnt ❑ O Y❑ N (vinyl) FILL 1 New Wwk Replace 258 2 Maint ❑ ❑ Y ❑ N DOCKS 6 New Wwk Replace 7 3 Maint❑ ®Y El BOAT SLIPS 6 Now Work JEJ Replace 6 tie pilings) Maint ❑ O Y ❑ N BOARDWALK I New Work 0 Replace 241 3 Maint ❑ M Y ❑ N New Work 0 Replace maw ❑Y❑N , New Wwk Replace Maint ❑ ❑ Y [IN Wew--W-br-krF Replace Maint ❑ ❑ Y ❑ N New WoM 0 Replace Maint❑ ❑Y❑N New Wwk Ll Replace Maint ❑ ❑ Y ❑ N New Work Lj Replace Mainl❑ ❑Y❑N New Work El Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wwk 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wotk 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wwk L1 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace MAIN ❑ ❑ Y ❑ N REGENED New Work Replace Maint ❑ ❑ Y ❑ N MAR U 6 zuzu p ov. zo+z -44 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant SUNSET VILLAGE HOME OWNERS ASSOCIATION Date: 03/05/20 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ff. (Applied for. Disturbance total includes any anticipated restoration or tem im acts FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or lemp —impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts FINAL Feet (Anticipated final disturbance. Excludes any restoration andror temp impact amount SHALLOW BOTTOM Dredge ❑ Fla ® Both ❑ Other ❑ 516 516 HIGH GROUND Dredge ❑ FIN ❑ Both ❑ Other ® 3126 3126 OPEN WATER Dredge ❑ FIN ❑ Both ❑ Other ® 126 126 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge Fill Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ FBI ❑ Both ❑ Other ❑ Dredge ❑ FNf ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAR 0 6 2020 252-808.2808 :: 1-888-4RCOAST :: www.nccoas_talmanagoment.mt i lrbv.2012 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 6, 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) g reag. bod nar(a) ncden r.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Sunset Village Home Owners Association, Inc. Project Location: 0 Lands End Way (Parcel #015031016), Frisco in Dare County Proposed Project: Replace an existing bulkhead, boardwalk, docks, and mooring piles 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 March 27, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** PRINT NAME AGENCY SIGNATURE DATE This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED MAR 0 6 2020 �.lD EQ� DCM-MHD CITY U.0.,9M �WIB�II,� 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 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Sunset Village Home Owners Association, Inc. Distribution Date: 3/6/2020 AGENCY ECRO Community Development/LPO Donna Creef DCM Planner Charlan Owens EIIzCity US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort, Carteret, Craven, Eliz City, Pamlico, Washington) 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- Samlr Dumpor Roger Thorpe Anthony Scarbraugh WRC National Heritage Program Maria Dunn (WARD) Rodney Butler RECEIVED MAR 0 6 2020 DCM-MHD CITY C:\Users\emgodfrey\Documents\Major Permits\Long Beach Estates POA\Maj Comment Distribution Sheet - Longbeach Estates POA.docx Revised: 6/29/2018