HomeMy WebLinkAbout3-19 12 to Sound LLCPermit Number
3-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X ' Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
ed,to 12 to Sound, LLC., 9505 Watts Road, Great Falls VA 22066
development in Dare County at adj. to Pamlico Sound. at 39316 NC Hwy
as requested in the permittee's application dated 10/3/18 (1V8-1, MP-4)
ied workulan drawine (1). dated "Revised 12/20/18".
mit, issued on January 11, 2019 , is subject to compliance with the application (where
at with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Offshore Sill
The offshore sill shall be constructed in accordance with the alignment depicted on the attached
workplan drawing.
No vegetated wetlands shall be excavated or filled, even temporarily.
No backfill of the offshore sill is authorized by this permit.
(See attached sheets for Additional Conditions)
;rmit action may be appealed by the pemuttee or other
persons within twenty (20) days of the issuing date.
;rmit must be accessible on -site to Department
when the project is inspected for compliance.
e work or project modification not covered
further Division approval.
must cease when the permit expires on
December 31, 2022
this permit, the State of North Carolina agrees that
t is consistent with the North Carolina Coastal
t Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
�c� y L
IeA Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee
Permit No. 3-19
Page 2 of 3
ADDITIONAL CONDITIONS
The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to
the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat
does not result from the construction of the authorized offshore sills to the greatest extent practicable.
The offshore sills shall be located in areas with no SAV coverage at the time of construction.
The alignment of the authorized offshore sill shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
The offshore sill material shall consist of clean oyster shell, granite, marl, or broken concrete. Sill
materials shall be of a size sufficient and design to prevent its movement from the approved alignment
by wave or current action. The permittee shall be responsible for immediate removal of any materials or
debris that becomes dislodged or moves outside the authorized alignment.
The height of the permitted offshore sill shall not exceed six inches above normal water level.
A minimum 5 foot opening shall be constructed as depicted on the attached workplan drawing.
The offshore sill sections shall be marked at 50 foot intervals with yellow reflectors extending at least
three feet above mean high water.
Observation Pier
This permit authorizes only the pier and other structures 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 observation pier without permit modification. No non -
water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor.
The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the -structure in order to make it more visible during hours of darkness or
inclement weather.
This permit does not authorize any formalized boat slips.
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.
Don Britton
Permit No. 3-19
Page 3 of 3
--- ADDITIONAL CONDITIONS - -
General
15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management.
16) 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.
17) 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-2019-00067) issued 1/10/19.
NOTE: The N.C. Division ofWaterResources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-1617.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior to the commencement of any
such activity for this determination. The permittee is farther advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $250 was received by DCM for this project.
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant: s )C40 & ex0hn l2
Type: (Check all that apply)
New V Major Mod Permit# Minor Mod Renewal Transfer
Permit Coordinator. -
Field
Date Time Message
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ROY COOPER
Governor
MICHAEL S. REGAN
Secrelon,
LINDA CULPEPPER
Director
Don Britton
9505 Watts Road
Great Falls, Virginia 22066
January 14, 2019
JAN 2 2 2019
MP SECTION MH®
DWR Project # 2018-1617
Dare County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
39316 NC HWY 12 - Construction of 130 linear feet of rock riprap breakwater and a 4' x
80' pier with a 6' x 12' "L" platform.
Dear Mr. Britton:
You have our approval for the impacts listed below for the purpose described in your application dated
October 03, 2018 and received by the Division of Water Resources (Division) on November 27, 2018.
These impacts are covered by the attached Water Quality General Certification Number 4144 and the
conditions listed below. This certification is associated with the use of Regional General Permit Number
291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any
other federal, state or local permits before proceeding with your project, including those required by (but
not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or general
permit and the following additional conditions:
1. The following impacts are hereby approved, provided that all the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b)(c)]]
Type of Impact
Amount Approved
Amount Approved
an location/
(units)
(units)
Reference
Permanent
Temporary
Attached
Waters
W1 _
0.02 (acres)
0 (acres)
Sheet 2 of 2
2. Water Quality Certification
�opD QS
North Carolina Department of Environmental Quality (Division of Water Resources -Washington Regional Once
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4144. [15A NCAC 02B .0507(c)]
Continuing Compliance
3. During construction of the proposed project, fueling, lubrication and general equipment
maintenance should not take place within 50 feet of a waterbody or wetlands to prevent
contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200
(3)Ifl1
4. The permittee shall report to the Washington Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules 115A
NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became, aware of the circumstances. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submision requirement on a case -by -case
basis.
5. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5)
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received
in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
R E C E I 'IE'
JAN 2 2 2019
REQ ru g SECTION MHD
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules. Please
contact Chris Pullinger at 252-948-3922 or chris oullinaerCaMcdenr.sov if you have any questions or
concerns.
Sincerely,
vaa "
David May, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4144
Certification of Completion
cc: Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail)
Cynthia Rountree, DCM Elizabeth City Regional Office (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
Doug Dorman, Atlantic Environmental Consultants, LLC (via e-mail: douedaec(@email.com)
DWR WaRO 401 files
Laserfiche
[` ECEI @7 r-W
JAN 2 2 2019
MP SECTION. MHD
North Carolina Department of Environmental Quality IDivision or Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252446-6481
N Ic
Coastal Management
ENVIRONMENTAL QUALITY
12 to Sound, LLC
c/o Don Britton
9505 Watts Road
Great Falls, VA 22066
Dear Mr. Britton:
January 11, 2019
ROY COOPER
Governor
MICHAEL S. REGAN
secrerory
BRAXTON C. DAVIS
Director
S
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
cSinincerely,
Dou thsV. Huggett
Major Permits Manager
N:C. Division of Coastal Management
Enclosure
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead Oty, NC 28557
2528082808
DCM Coordinator: t�0l(h R Permit #:
MAILING DISTRIBUTION SHEET
Permittee: l2-}o UG lip- 3n`/, �fSoS L✓9f/5 �c�. l f ���s� l/i¢ 2Zo(o(o
Agents: � _d_eW 0(/4CG O 91&[
DCM Field Offices
Elizabeth City
` Morehead City
Washington
Wilmington
US ACOE Offices:
Washington:
12w�{.ce—
�l�G
(with revised work plan drawings)
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Peletier (Bertie, furrituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECitylWashington District)
Wilmington: Tyler Crumbley (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:
DEMLRMWR:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Shane Staples
David Harris
Shannon Jenkins / Sharron Gupton
Tim Walton / Mike Moser
Sheri Montalvo
Clif Whitfield (WARO)
Curt Weychert
Washington: &Anthony Scarbraugh-401
jr Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender)
Chad Coburn — 401 (Brunswick, New Hanover)
Georgette Scott - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
Fax Distribution: Pertnittee
(NCDOT) Travis Wilson
i
I DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Don Britton IZ',° 5awA "C• COUNTY: Dare
PROJECT NAME: Rock riprap breakwater & L-shaped pier
LOCATION OF PROJECT: 39316 NC Hwy 12
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP:1115118
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: n/a
CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a
FIELD REPRESENTATIVE: Cynthia Rountree DISTRICT'OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: 413Ac6t
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $250
PUBLIC NOTICE RECD: 11/18/18
ADJ. RIP. PROP NOTICES RECD:
APPLICATION ASSIGNED TO: d, W M�
C) 75 DAY DEADLINE: 01/19/19
MAIL OUT DATE:11/13/18
END OF NOTICE DATE: 12/8/18
DEED RECD:
ON: It (io�tg
150 DAY DEADLINE:
STATE DUE DATE: 1214/18
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM-Field Representative
tt 3/o)(g
_1;�/ 4. kcr k S� kco) co
DCM - LUP Consistency Determination
Local Permit Officer b6*.. lnT
Corps of Engineers - Regulatory Branch
t o I1 �
Lod - oCo(o
DWR - 401 Section
DWR- Public Water Supply
DEMLR - Stormwater Management
1 I
I24
(($
C!$er
DEMLR - Sediment and Erosion
State Property Office
Wildlife Resources Commission
itlZ°J
DMF - Shellfish Sanitation Section
( ( (g Ilgj
K
DMF- Habitat&Enhancement
((IZg�(g
y�
��7�ig ok� r665%0.
DNCR - State Historic Preservation Office
DNCR - Natural Heritage Program
R
NCDOT
Z018
DCA- RuralEconomicDevelopment
((
to b
1
Bodnar, Gregg
From: Staples, Shane
Sent: Thursday, December 20, 2018 9:28 AM
To: Bodnar, Gregg
Subject: RE: [External] Britton
No change for me.
Shane Staples
Fisheries Resource Specialist
Division of Marine Fisheries
North Carolina Division of Environmental Quality
252-948-3950 office
Shane.staoles@ncdenr.gov
943 Washington Square Mall
Washington, NC 27817
From: Bodnar, Gregg
Sent: Thursday, December 20, 2018 9:26 AM
To: Josh.R.Pelletier@usace.army.mil; Staples, Shane <shane.stapies @ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Scarbraugh, Anthony <a nthony.sca rb
Cc: Cynthia Rountree <cynthia.rountree@ncdenr.gov>
Subject: FW: [External] Britton
Hey all,
Please see above as a revision to the Britton application. This workplan will replace the workplan provided in the application. The revision is located at the northern ei
NPS riparian waiver and in LS cases we refer to our GP for certain rules. If no waiver is obtained the LS must be 25' or less from the NWL within the riparian setback. S
below). This is the only change. If this modifies your previously submitted comments please let me know. If you have not submitted comments please refer to this re,
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Doug Dorman <dougdaec@gmail.com>
Sent: Thursday, December 20, 2018 8:49 AM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Cynthia Rountree <cvnthia.rountree@ncdenr.gov>
Subject: [External] Britton
External email. Do not clic links or o en attar ments unless verified. Send all sus icious email as an attachment to ' • • • .
Gregg,
Attached is the revised drawing for Don Brittons property in Avon, Dare County. We have moved the the rip -rap to 23 feet of the shoreline within the 15' riparian setb
on 11x17 but if you need copies mailed please let me know.
Thank you,
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
achei
n the'�Trnect frit reasnne iieccnhed :�n Yhe'
oufCty [ �tviy}onaf�nraspligse�,e�u . ..
Co
�HgPeth Cl &il'4➢hB7 9
Bodnar, Gregg
From: Thorpe, Roger
Sent: Monday, November 26, 2018 8:35 AM
To: Bodnar, Gregg
Subject: CAMA Major application - Don Britton riprap breakwater and pier, 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
Nothing Compares--.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
November 19, 2018
MEMORANDUM
TO:
NORTH CAROLINA
Environmental Quality
Lee Padrick
Division of Community Assistance.
RECEIVED
ED
NOV 1 9 2018
IViP SECTION fU HD
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Permit Application Review
SUBJECT: CAMA/Dredge and Fill Permit Application Review
Applicant: Don Britton
Project Location: 39316 NC Hwy 12, Dare County
Proposed Project: Construct a 130 linear feet of rock riprap breakwater and a 4'x80' pier
with a 61xl2' t'LI' platform.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 12/4/18 to 400 Commerce Avenue Morehead Citv NC 28557 (fax: 252 247 3330). If
you have any questions regarding the proposed project, please contact Cynthia Rountree at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
✓ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED ���� DATE !� / 9—/ X
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
252.2643901
RQY COOPER .
Governor
MIC14AEL S. REGAN
Seaehmy
BRAXTON C. DAVIS
Olrector
November 15, 2018
MEMORANDUM
TO: .
'FROM:
SUBJECT:
NORTH CAROLINA
EnvfronitzmddQuollty
C1if Whitfield, Environmental Engineer
DWR—Public Water Supply Section, WaRO
RECEIVED
NOV '1 5 2018
MP SECTION MH®
Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of-06asW Management
CAMA/Dredge and Fill Permit Application Review
Applicant: Don Britton
Project Location: 39316 NC Hwy 12,.D6re County.
Proposed.Project: Construct a 130 linear feet of rock riprap breakwater and a 4'x80'. pier
with a 61x12' "I:' platform.
Please indicate below your agency s. position or viewpoint on the proposed project and return this
form by 12/4/18 to 400 Commerce Avenue, Morehead City: NC 28557'(fali:.252-247-3330). If
you have any questions regarding the proposed project, please contact Cynthia Rountree at (252)
264-3901. When appropriate, -in-depth comments. with supporting data are requested.
REPLY: This agency has no objection.to the. project as proposed.
This agency has no comment on the proposed project..
This agency approves of the project only if the recommended changes are
incorporated. See attached..
This agency objects to the project for reasons described in the attached
comments.
SIGNEDir DATE
u!Q�
North CaroRna Department ofEivironmental Quality I DIvIdanofCoastel Management
Eftebeth CityOface 1401SouthGrIMn5treet,Sutte300 I F1I7aheth Oty, North Caro3na 27909
9599Rd'WIII '
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON, C ;DAVIS
Director
November 15, 2018
MEMORANDUM
TO:
Envirptngental. Quality
Shannon Jenkins
Environmental Health— Shellfish Sanitation
RECEIVED
NOV 1 5 2018
WiP SECTION MIND
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/Dredge and Fill Permit Application Review
Applicant: Don Britton
Project Location: 39316 NC Hwy 12, Dare County
Proposed Project: Construct a 130 linear feet of rock riprap breakwater and a 4'x80' pier
with a 61x12' "L" platform.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 12/4/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If
you have any questions regarding the proposed project, please contact Cynthia Rountree at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
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.
SIGNED Valerie Wunderly for Shannon Jenkins DATE 11115118
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Grlftin Street. Suite 3001 Elizabeth City, North Carolina 27909:
252.2643901
Bodnar, Gregg
From:
Dunn, Maria T.
Sent:
Thursday, December 20, 2018 12:04 PM
To:
Bodnar, Gregg
Subject:
RE: [External] Britton
Gregg,
This does not modify my earlier review.
Thank you.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
fax: 252-975-3716
www.ncwildlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Thursday, December 20, 2018 9:26 AM
To: Josh. R.Pelletier@usace.army.mil; Staples, Shane <shane.staples@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.or@
<a ntho ny.sca rbraugh @ ncdenr.gov>
Cc: Cynthia Rountree <cynthia.rountree@ncdenr.gov>
Subject: FW: [External] Britton
Hey all,
Please see above as a revision to the Britton application. This workplan will replace the workplan provided in the application. "
northern end of the Living Shoreline within the NPS 15' riparian setback. To date I have not received NPS riparian waiver and it
certain rules. If no waiver is obtained the LS must be 25' or less from the NWL within the riparian setback. So Doug Dorman ad
riparian setback accordingly, (see below). This is the only change. if this modifies your previously submitted comments please
submitted comments please refer to this revision during your review.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Greqq. Bodna1i1ncdenr. qov
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
ROY COOPER
Governor
MICHAELS.REGAN
Secretary
BRAXTON C.DANAS
Director
November 16,2018
MEMORANDUM
To:
FROM:
SUBJECT:
Applicant:
Project Location:
W STATE y
5,
i0
Y a
NORTH CAROLINA
£nv7ronmentnl.Quaflty RECEIVED
DEC 3 2018
MP SECTION MHD
Maria Tripp Dunn
NC Wildlife'Resources Commission
DougHuggett, Major'Permits Coordinator
c/o Gregg Bodnar, Assistant.Major Permits Coordinator
Division of Coastal Management
Fill Permit Application Review
Don Britton
39316NC'1-Iwy 12, Dare County
Proposed Project: Construct a 130 linear feet of rock riprap breakwater and a 41x80' pier
with a 6'x12'1' ' platform.
Please indicate below your agency'slposition or viewpoint on the proposed project and return this
form by 12/4/18 to 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-3330). 1f
you have:any'questions regarding, the proposed project, please contact Cynthia Rountree at,(252)
264-3901. When appropriate; in-depth comments with supporting data are -requested.
REPLY: This agency has no objection to the,project as proposed.
This agency his no comment on the proposed project.
This agency approves p of the project only if the recommended changes are
incorporated. See attached.
I
This agency objects to the project for reasons described in the attached.
comments.
I
.SIGNED l�i -- DATE 11- 28-�a1 vs
North,Carolina Department ofEnvhvnmental Quality I Division of Coastal Managetneru
Elizabeth City Office 1 401Sbath Griffin Street Swte 3001 Elizabeth Cliy North C:aMllna2790't
ROY COOPER
Gova ar
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
November 15, 2018
MEMORANDUM
TO:
NORTH CAROLINA
Environmental Quality
Charlan Owens, District Planner
Division of Coastal Management
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator RECEIVED
Division of Coastal Management
SUBJECT: CAMA/Dredge and Fill Permit Application Review DEC 13 2018
Applicant: Don Britton DCM-MHD CITY
Project Location: 39316 NC Hwy 12, Dare County
Proposed Project: Construct a 130 linear feet of rock riprap breakwater and a 4'x80' pier
with a 6'x12' V' platform.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 12/4/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If
you have any questions regarding the proposed project, please contact Cynthia Rountree at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
xv
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
DATE I z - 4-- z-o t8
E
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street. Suite 300 i Elizabeth City, North Carolina 27909
252,764.3901
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Charlan OwenCP, NE District Planner
Division of Coastal Management
RECEIVED
DEC 13 2018
DCM-MHD CITY
SUBJECT: Major Permit Request by Don Britton to install a 6 foot wide by 62 foot long rock
breakwater, a 6 foot wide by 68 foot long rock breakwater, and a 4 foot wide by 80
foot long pier with a 6 foot by 12 foot "L" platform on the Pamlico Sound, and install
a 10 foot long walkway; on property located at 39316 NC Highway 12, in the Avon
community, in Dare County.
DATE: December 4, 2018
Consistency Determination: The request
County 2009
24, 2011.
is consistent with/not in conflict with the Dare
Land Use Plan certified by the CRC on February
Overview: The 2.11 acre subject property has approximately 154 linear feet of shoreline along
the Pamlico Sound. The property contains approximately 1.04 acre of Section 404 Wetlands and
has an elevation of 3 feet above Normal Water Level (NWL). Existing site improvements consist
of a single-family house, storage building, and associated septic, parking and driveway
improvements located on the east side of the property near the highway. The shoreline to the
west is undeveloped. The subject property is primarily located within the AE (EL 9) Floodzone,
with VE (10) along the western portion.
Installation of a 6 foot wide by 62 foot long rock breakwater, a 6 foot wide by 68 foot long rock
breakwater, a 4 foot wide by 80 foot long pier with a 6 foot by 12 foot "L" platform, and a 10 foot
long walkway is proposed. The breakwaters will be placed parallel to the shoreline and located
an average distance of 17 feet off shore. The breakwaters will be approximately 2 feet high and
extend 6 inches above NWL. A 5 foot gap will separate the two (2) sections. The pier will extend
over the breakwater. The walkway will connect the pier to high ground.
The waters of the Pamlico Sound are classified as Class SC waters in this area and are open to
shellfish taking. Submerged Aquatic Vegetation (SAV) is located near the site. A review of
historic and/or archaeological resources was not provided.
,� �DKQLCA30
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
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 4
Anticipated Impacts resulting from this project are expected to include: the filling of 780 sq. ft. of
Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC), and; the shading of
392 sq. ft. of Public Trust Area/Estuarine Waters AEC and 40 sq. ft. of High Ground within the
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) and all federal lands except for the bombing ranges on the
Mainland and some state - owned lands in Frisco and Buxton.
As indicated on Page 217 for the "Conservation" designation, "...development should be
limited to residential development and traditional accessory uses permitted in the CAMA AECs
such as but not limited 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 an authorized development. Authorized development should include provisions and
conditions that minimize impacts to any natural, cultural, historic, and scenic values of the areas
authorized for development.
The following LUP policies may be applicable to this request. RECEIVED
Public Access: DEC 13 ?w
Policy PA#1, Page 142. DCM-htiHD CITY
"Dare County supports the preservation and protection of the public's right to
access and use of the public trust areas and waters."
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
North Carolina Department of Environmental Quality
Division of Coastal Management
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.
1.1. 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."
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..."
MEMORANDUM
Page 3 of 4
RECEIVED
DEC 13 'JIB
DCM-MHU CITY
North Carolina Department of Environmental Quality
Division of Coastal Management
Water Quality:
Fisheries Resources
Policy WQ#11, Page 193.
"Dare County recognizes the importance of our surrounding waters that serve
as habitats for the area's abundant fisheries resources. The continued
productivity of Dare County's fisheries shall be fostered through restoration
and protection of the unique ecosystems upon which they depend. Dare
County supports measures to protect and preserve designated primary
nursery areas by the Division of Marine Fisheries..."
MEMORANDUM
Page 4 of 4
RECEIVED
DEC 13 2018
DCM-MHD CITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Gregg Bodner, Assistant Major Permits Coordinator
Division of Coastal Management, Morehead City
THROUGH: Frank Jennings, District Manager
Northeastern District, Division of Coast IlManagement
FROM: Cynthia Rountree, Field Representative '�wL
DATE: November 30, 2018
RECEIVED
DEC 0 7 2018
DCM-MHD CITY
SUBJECT: Don Britton 39316 NC Hwy 12, Avon, Dare County Major Permit
Recommendations
The applicant proposes to construct an 8 foot by 4-foot pier with a 12 foot by 6 foot "L"
platform, a 6 foot by 62-foot breakwater and a 6 foot by 68-foot breakwater. The
property is located at 3916 NC Hwy 12, Avon, Dare County, off the Pamlico Sound.
The development proposal involves the Public Trust Area (PTA), Estuarine Shoreline
(ES) and Estuarine Waters (EW) Areas of Environmental Concern.
I have reviewed the rules of the Coastal Resources Commission (CRC) as they pertain
to this project and my findings are as follows:
07H.0208 Use Standards
(a) General Use Standards
(a)(1) Uses which are not water dependent shall not be permitted in coastal wetlands,
estuarine waters, and public trust areas. Restaurants, residences, apartments, motels,
hotels, trailer parks, private roads, factories, and parking lots are examples of uses that
are not water dependent. Uses that are water dependent include: utility crossings, wind
energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches,
revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational
channels, access channels and drainage ditches;
Consistent: The proposed development of a dock and breakwaters are
consistent with the intent of this rule.
,D_EQj
a mi o.rb�
North Carolina Department of Environmental Quality I Divislon of Coastal Management
Elizabeth City Office 1401 South Q.rifnn Street, Suite 300 1 Elizabeth City, North Carolina 27909
ZDZ.Zb3.3901___
Ngrta Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 4
November 30, 2018
(a)(2)(A) 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 (Rule .0203 of this subchapter) 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;
Consistent: The proposed development of a dock and breakwaters are
RECEIVED
consistent with the intent of this rule.
DEC 0 7 2018
(a)(2)(B) Development shall comply with state and federal water and air quality DCM-MHD CITY
Consistent: The proposed development of a dock and breakwaters shall comply
with air and water quality standards.
(a)(2)(C) Development shall not cause irreversible damage to documented
archaeological or historic resources as identified by the N.C. Department of Cultural
resources;
Consistent: The proposed development of a dock and breakwaters will not cause
damage to historic resources.
(a)(2)(D) Development shall not increase siltation
Consistent: The proposed development of a dock and breakwaters will not
increase siltation.
(a)(2)(E) Development shall not create stagnant water bodies
Possible Inconsistency: The proposed development of a dock will not cause any
stagnant water but one of the breakwaters is proposed to connect to the adjacent
bulkhead and may create a stagnant water body behind it.
(a)(2)(F) Development shall be timed to avoid significant adverse impacts on life cycles
of estuarine and ocean resources
Consistent: The proposed development of a dock and breakwater will be timed to
avoid impacts to resources.
(a)(2)(G) Development shall not jeopardize the use of the waters for navigation or for
other public trust rights in public trust areas including estuarine waters.
Consistent: The proposed development of a dock is less than a quarter width of
the 25 mile wide waterway and would not impact navigation and the breakwaters
are on average 17 feet from NWL and will not impact navigation.
(a)(4) Primary nursery areas are those areas in the estuarine and ocean system where
initial post larval development of finfish and crustaceans takes place. They are usually
located in the uppermost sections of a system where populations are uniformly early
juvenile stages. They are designated and described by the N.C. Marine Fisheries
Commission (MFC) and by the N.C. Wildlife Resources Commission (WRC)
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 3 of 4
November 30, 2018
Consistent: The proposed development of a dock and breakwaters are not
located in a primary nursery area.
(a)(6) Beds of submerged aquatic vegetation (SAV) are those habitats in public trust
and estuarine waters vegetated with one or more species of submergent vegetation.
These vegetation beds occur in both subtidal and intertidal zones and may occur in
isolated patches or cover extensive areas. In either case, the bed is defined by the
Marine Fisheries Commission. Any rules relating to SAVs shall not apply to non -
development control activities authorized by the Aquatic Weed Control Act of 1991
(G.S. 113A-220 et seq.).
Consistent: The proposed development of a dock and breakwaters have been
located to avoid areas of submerged aquatic vegetation.
(b) Specific Use Standards
(b)(6) Addresses Piers and Docking Facilities.
(b)(6)(A) requires that piers shall not exceed six feet in width. Piers greater than six feet
in width shall be permitted only if the greater width is necessary for safe use, to improve
public access, or to support a water dependent use that cannot otherwise occur.
Consistent: The proposed pier is 4 feet in width which is consistent with this rule.
(b)(6)(B) requires that the total square footage of shaded impact for docks and mooring
facilities (excluding the pier) allowed shall be eight square feet per linear foot of
shoreline with a maximum of 2,000 square feet. In calculating the shaded impact,
uncovered open water slips shall not be counted in the total. Projects requiring
dimensions greater than those stated in this Rule shall be permitted only if the greater
dimensions are necessary for safe use, to improve public access, or to support a water
dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas.
Consistent: The proposed platform is 12 feet by 6 feet with a shaded area of 72
square feet. The shoreline along the project area is 154 feet which allows for the
maximum of 1,232 square feet of shaded area.
(b)(6)(F) requires that piers and docking facilities shall be single story. They may be
roofed but shall not be designed to allow second story use.
Consistent: The proposed pier is single story.
(b)(6)(G) requires that pier and docking facility lengths shall be limited by:
(i) not extending beyond the established pier or docking facility length along the same
shoreline for similar use; (This restriction does not apply to piers 100 feet or less in
length unless necessary to avoid unreasonable interference with navigation or other
uses of the waters by the public);
Consistent: The proposed pier will be less than 100 feet.
RECEIVED
DEC 0 7 NIB
DCM-MHD CITY
Ngrtb Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 4 of 4
November 30, 2018
(ii) not extending into the channel portion of the water body; and
Consistent: The proposed pier will not extend into the channel portion of the
waterbody.
(iii) not extending more than one-fourth the width of a natural water body, or human -
made canal or basin. Measurements to determine widths of the water body, canals or
basins shall be made from the waterward edge of any coastal wetland vegetation that
borders the water body. The one-fourth length limitation does not apply in areas where
the U.S. Army Corps of Engineers, or a local government in consultation with the Corps
of Engineers, has established an official pier head line. The one-fourth length limitation
shall not apply when the proposed pier is located between longer piers or docking
facilities within 200 feet of the applicant's property. However, the proposed pier or
docking facility shall not be longer than the pier head line established by the adjacent
piers or docking facilities, nor longer than one-third the width of the water body.
Consistent: The proposed pier and pier extends into Pamlico Sound which is 25
miles across and will net extend more than 1/.width of the waterway.
(b)(6)(1) requires that piers and docking facilities shall not interfere with the access to
any riparian property and shall have a minimum setback of 15 feet between any part of
the pier or docking facility and the adjacent property owner's areas of riparian access.
The line of division of areas of riparian access shall be established by drawing a line
along the channel or deep water in front of the properties, then drawing a line
perpendicular to the line of the channel so that it intersects with the shore at the point
the upland property line meets the water's edge.
Consistent: The proposed pier and platforms will not go beyond the 15 foot
setbacks.
Based on my review of the applicable subsections of the North Carolina Administrative
Code, the permit application, and plans, I recommend a Major Permit be issued to Don
Britton with the condition that if waivers are not obtained from the adjacent property
owners that the breakwaters must remain 15 feet off the riparian access line.
RECEIVED
DEC 0 7 2018
DCM-MHD CITY
�u�
�t4WJrq.
ROY COOPER NORTH CAROLINA
govrmw Environmenrat Quality
N1ICHAEL S. REGAN
Serre,nry
BRAXTON C. DAVIS 2 1 8 1 6 1
Dlrmo, November 28, 2018
MEMORANDUM
TO: Anthony Scarbraugh, DWR - Water Quality - 401, WaRO
FROM: Doug Haggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/Dredge and Fill Permit Application Review
Applicant: Don Britton
Project Location: 39316 NC Hwy 12, Dare County
Proposed Project: Construct a 130 linear feet of rock riprap breakwater and a 4'x80' pier
with a 61x12' "L" platform.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 12/4/18 to 400 Connnerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If
you have any questions regarding the proposed project, please contact Cynthia Rountree at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: X _This agency has no objection to the project as proposed.
_This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED ox.—J,
DATE 1/3/2019
D
RECEIVE®
JAN 3 2019
Noel h Carolina Department of Environmental QUONY i Division of Coastal hfanagement Dizaheth City Office 1401 imoh Criain Swet. Suite 3001 Eflubefh City. `forth Carolina
2522b4.3901 �66 tltl 1 js�g� SECTION
®N MHD
.
Bodnar, Gregg
From:
Pullinger, Robert C
Sent:
Thursday, January 03, 201911:31 AM
To:
Bodnar, Gregg
Cc:
Scarbraugh, Anthony
Subject:
RE: Don Britton
Attachments:
20181617 Ver 1_CAMA Application_20181127.pdf
Gregg,
Please find attached my comment sheet for this project. I apologize (once again, but also for the last time, as I aim to
make 2019 more efficient) for the delay in getting this to you; I have no concerns regarding the area behind the LS being
stagnant, as it's currently pretty shallow (and hopefully will get more so as marsh has a chance to (re -)establish behind
it...). I also spoke to Shane (because I couldn't remember the gap/length frequency of a typical LS), so I don't think
there's enough enclosed area behind the LS before the gap (combined with the shallowness of that area) for the water
to become stagnant. Also, I didn't get a chance to put it on the comment sheet before I "docusigned" it, but the
BIMS/DWR # for this project is 2018-1617, version 1. Thanks again for your patience, and Happy New Year!
Chris Pullinger
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3922 office
chris.pullincerAnedenr ciov
943 Washington Square Mall
Washington, NC 27889
From: Scarbraugh, Anthony
Sent: Wednesday, January 02, 2019 3:48 PM
To: Pullinger, Robert C <chris.pullinger@ncdenr.gov>
Subject: FW: Don Britton
Anthony Scarbraugh
Environmental Specialist II
Division of Water Resources —Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthonv scarbrauahCcDncdenr.aov
RECEIVED
943 Washington Square Mall
Washington, NC 27889
JAN 3 2019
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties. MP SECTION MHD
From: Bodnar, Gregg
Sent: Wednesday, January 2, 2019 3:18 PM
To: Scarbraugh, Anthony<anthony.scarbrauah@ncdenr.aov>; Josh.R.Pelletier@usace.army.mil
Subject: Don Britton
Hey all,
Does anyone have concerns over potential for stagnant water along the southern property where the LS connects to the
bulkhead? DMF and WRC have no comments.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnano ncdenr.ctov
400 Commerce Ave
Morehead City, NC 28557
Nothing Compares.-...,.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
RECEIVE®
JAN 3 2019
MP SECTION MHD
January 10, 2018 10
Regulatory Division
Action ID No. SAW 2019-00067
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. Don Britton for Department of the construct a 130 lineal
foot rip -rap breakwater an average of 17ft waterward of NWL and a 4 ft by 80ft pier with a 6' x
12' "L" platform in the Pamlico Sound located at 39316 NC-12, in Avon, Dare County, North
Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or 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.
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 pemuttee's discovery of the violation.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone (910) 251-4605.
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mr. Ian McMillan
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mrs. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
^.A
Frank Jennings, District Manager
Washington Field Office
North Carolina Division of Coastal Management
BOMMP-1 Received
APPLICATION for
Major Development Permit DMEC
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Britton Property
Applicant 1: First Name
Don
MI
Last Name
Britton
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
9505 Watts Road
PO Box
City
Great Falls
State
VA
ZIP
22066
Country
USA
Phone No.
703 - 624 — 3340 ext.
FAX No.
Street Address (if different from above)
City
State
ZIP
Email
dbrifton@networkalliance.com
2. AgentlContmctor Information
Business Name
Atlantic Environmental Consultants, Llc
Agent/ Contractor 1: First Name
MI
Last Name
Doug
A
Dorman
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
P.O. Box 3266
Kitty Hawk
NC
ZIP
Phone No. 1
Phone No. 2
27949
252-261-7707 ext.
252-599-2603 ext.
FAX No.
Contractor #
252 261 7707
Street Address (if different from above)
City
State
ZIP
Email
dougdaec@gmail.com
<Form continues on back>
NOV 19 2019
Y
252.808.2808 :: 1-888.4RCOAST :: www.nccoastalmanageme . et
Form DCM MP-1 (Page 2 of 4) Received fAPPLIMTION'for
uC ? 4 i0f
Major Development Permit
3 . Project Location
County (can be multiple)
Street Address
State Rd. #
Dare
39316 NC 12 Hwy
Subdivision Name
City
State
Zip
None
Avon
NC
27915 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
703 - 624 - 3340 ext.
1, 2, ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
r
Pamlico Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade []Unknown
Pamlico Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
RYes ❑No
work falls within.
Dare County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
154 linear feet
91,917 sf
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
3' ❑NHW or RNWL
e.
Vegetation on tract
Red Cedar, Live Oak, Wax Myrtle, Black Needle Rush, Salt Medow Cordgrass.
f.
Man-made features and uses now on tract
Existing single family residence, Garage/storage building, asphalt and concrete parking areas.
g.
Identify and describe the existing land uses adlacent to the proposed project site.
Residential properties to the south and Cape Hatteras National Seashore to the north.
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, if applicable)
RYes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes RNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes RNo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes RNo ❑NA
National Register listed or eligible property?
<Form continues on next page>
252.808-2808 :: 1.888-4RCOAST :: www.necoastaimanagement.net
Form.DCM 'VP-1 (Pige 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
®Yes ❑No
(ii) Are there coastal wetlands on the site?
❑Yes ®No
(III) If yes to either (i) or (ii) above, has a delineation been conducted?
®Yes []No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Conventional septic system for residence.
Received
o. Describe existing drinking water supply source.
-
Public water supply
p. Describe existing storm water management or treatment systems.
DCM-EC
None.
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? []Commercial ❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The proposed rock rip -rap will help stabilize the shoreline and the pier will be used by the owner for water access.
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.
All construction material will be delivered to the asphalt area on the east side of the property adjacent to NC 12. Material will
be transported in by backhoe and a small excavator. Temporary matting may be used to cross wetland area if needed.
Equipment will be stored onsite during construction.
d.
List all development activities you propose.
Construction of 130 linear feet of rock rip -rap, a 4'x80' pier with a 6'xl2' platform.
e.
Are the proposed activities maintenance of an existing project, new work, or both? New
f.
What is the approximate total disturbed land area resulting from the proposed project? None ❑Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
None.
I.
Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA
j.
Is there any mitigation proposed? ❑Yes []No ®NA
If yes, attach a mitigation proposal. RECEIVED
<Form continues on back> NOV 19 2018
D M-MHD CITY
252-808-2808 .. 1.888-4RCOAST .. w ww.nccoasenimanagement.net
Form DCM MP-1 (Page 4 of4) APPLICQTION-or.
Major Development Permit
6 Additionallnformation
in addition to this completed application, Porm, (MP-1) the following itemsbelow, if applicable; must he submitted inorderfor the'applieation.
- package to be complete.; Items (a)i- (0 are always applidable to any majoidevelopment applications Please'oonsultfhe application
instructionbooklet on how to property prepare theiequired items below. _
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
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 Henry &. Ramona .Sabers - -Phone No. -
Address PO Box 235, White'Marsh MD 21162
Name Cape Hatteras National Sea Shore, c/o David Hallac Phone No. 252-473-2111
Address 1401 National Park Drive, Manteo, NC 27954
Name _ Phone No. -
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
None
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7, Certification and Permission to Enteir on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 10/3/1
Print Name _Doug Dorman,
Signature �T
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts Received
❑DCM MP-3 Upland Development
❑DCM MP4 Structures Information U:; $ d tl `}
DCM-EC
252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net
Deceived
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
OCT g r 2018
DCM-EC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be aiven in f�
Access
Channel
(NLW or
NWL
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
( 9
shoreline
Length
stabilisation
13a
Width
Avg. Existing
6'
Depth
NA
NA
Final Project
EE
Depth
NA
NA
1. EXCAVATION
®This section not applicable
a Amount of material to be excavated from nel nrFnnr uss
Cubic yards.
c. (i) Does the area to be excavated include coastal wedands)marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB _
OWL _ ❑None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MA
a. Location of disposal ere,.
c. (I) Do you Claim title to disposal area?
Dyes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner
JW v, maianm to Oe excavated.
d. High -ground excavation in cubic yards.
®This section not applicable
area.
d. (i) WIN a disposal area be available for future maintenance?
Oyes ❑No ❑NA
(ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (88),
Or other wetlands (WL)? If any boxes are checked, provide the Oyes ❑No ❑NA
number Of square feet affected. (N) If yes, how much Water area is affected?
❑CW _ ❑SAV ❑SB _
OWL _ 1--]None
(ii) Describe the purpose of disposal in these areas:
RECEIVED
DCM-MHD CITY
3- SHORELINE STABILIZATION
(if development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilzation:
❑Bulkhead ❑Riprap ®Bb'
reakwaterlSlll ❑Other; _
c. Average distance waterward of NHW or NWL: 15 feet
d.
e. Type of stabilization material:
Granite
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Rlprap _
Breakwater/Sill 78D sf Other_
I. Source of fill material.
Trucked in from local mine site
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilizaflon)
a. (i) Will fill material be brought to the site? ®Yes ❑No
If yes,
(i) Amount of material to be placed In the water 780 at
(iii) Dimensions of fill area 130_x 66'
(iv) Purpose of fill
Rock rip -rap breakwater
5. GENERAL
❑This
Width: 6 feet
Maximum distance waterward of NHW or NWL' 30 feet
f. (i) Has there been shoreline erosion during Preceding 12
months?
Byes []No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
2 Google Earth
h. Type of fill material.
Granite
❑This section not appricable
M Will fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV ❑SB _
❑WL — ®None
01) Describe the purpose of the fill in these areas:
a. How will excavated :1 fill material be kept c n site and erosion
controlled? b• What type of Construction equipment will be used (e.g., dragline,
The rock will be stored at parking area on the east side of robackhoe, or hydraulic dredge)?
P Pe rty. Backhoe, excavator
C. M Will navigational aids be required as a resuk of the project? - d. (i) Will wetlands be crossed in transporting ❑Yes BNo ❑NA eke? P g equipment to project
(i) If yes, explain what Byes ❑No ❑NA
type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Temporary wood matte will be used to cross wetlands if needed
10/13/18
Authorized agent - Doug Dorman
Date
AppligM Name
Britton Property �1
Project Name Applicant Signature
1
Received
Form DCM MP-4
STRUCTURES 23
(Construction within Public Trust Areas) DCM'EC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITYAWAR1NA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑PubliclGovernment ®Private/Community
❑This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes ONO
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? ❑Yes ONO
(ii) Number 1
If yes:
(III) Length 89
(ii) Number
(iv) Width 4'
(iii) Length _
(v) Floating []Yes ONO
('nr) Width _
(v) Floating ❑Yes ❑No
e. (i) Are Platforms included? ®Yes ❑No
f. (i) Are Boatlifts included? []Yes ONO
If yes:
If yes:
(ii) Number 1
III) Number
(III) Length 6'
(iii) Length
(iv) Width 12'
('iv) Width
(v) Floating []Yes ONO
Note: Roofed areas are calculated from dnpline dimensions.
g. (i) Number of slips proposed
h. Check all the types of services to be provided.
0
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
0
® Dockage ('Wet slips") only, number of slips: 1
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
I. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
®Open water; no dredging required
[]Other: please describe:
k. Typical boat length: 10'
m. (i) Will the facility have tie pilings?
[]Yes ONO
(ii) If yes number of tie pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Jet ski
I. (1) Will the facility be open to the general public?
❑Yes ONO
RECEIVED
NOV 19 2018
nnu .0 m GITY
252-808.2808 :: 1-888-4111COAST :: www.nccoastaimanagement.net revised: 12/27/06
Form ®CM MP-4 (structures, Page 2 of 4)
It
.DOCKING FACILITY/MAR/NA OP.,ERATIONS This 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. _; Location:
❑ Showers
❑ Boatholding tank pumpout 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?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin gushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided? Recei V Gd
m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ®ME C
❑Yes []No
252-808-2808 ^ 1-888.4RCOAS4 :: www.necoastal mananerment.ne4 revised: 12127/06
Form PSM'MP-4+(Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
❑WL []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) This section not applicable
a. (i) Is the boathouse structure(s):
[]Commercial ❑PublidGovernment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(III) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable
a. Length 130' b. Average distance from NHW, NWL, or wetlands
15,
c. Maximum distance beyond NHW, NWL or wetlands
301
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commercial ❑PublidGovernment ❑Private/Community
a Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing None
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED Received
NOV 19 2018 D M-EC
DCM-MHD CITY
252-808-2803 :: 1.888-48COAST :: v✓ww.nocoastalmanagement net revised: 12127/06
Form ®6'M MP-4 (Structures, Page 4 of 4) r ' q
a. Proximityof structure(s) to adjacent riparian property lines
105' to the south (Sauer), 17' to the north (NPS)
Note: For buoy or mooring piling, use am of swing including length
ofvessel..
c. Width of water body
25 miles
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
530' to the south.
d. Water depth at waterward end of structure at NLW or NWL
2.2'
O'TH'ER . - ®This section not applicable 'I
a. Give complete description:
10t3/2018
Date
BrittonProperfy`'
Project Name' -
Don Britton Doug Dorman -agent
Applicant Name
Received
0C1 WA',r
DCM-EC
252-808-2808 nn 1.888-4RC®AS4 :: www.necoastalmanagement.net revised: 12/27/06
1.
2.
0
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Don Britton
LOCATION OF PROJECT SITE: 39316 NC Hwy 12, Avon, Dare County, Pamlico
Sound
Photo Index — 2006:174-7859 (L-15)
Latitude:35°22'14.75"N Longitude:75°30'2.07"W
INVESTIGATION TYPE: CAMA/ Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Sept. 6, 2018; Nov. 1,2018
Was Applicant Present — No but agent was
present; no
5. PROCESSING PROCEDURE: Application Received Complete — Nov. 5, 2018
Office — Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP — C-2 General Commercial
(B) AEC(s) Involved: Estuarine Shoreline, Estuarine Waters and Public Trust Area
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Conventional Septic System
Planned -none
(F) Type of Structures: Existing — Storage Garage, gravel driveway and
parking area, and single-family residence
Planned - 2 rip -rap breakwaters and pier with "L"
platform
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION: [AREA]
nRFnGFn FILLED SHADED
(A) Open Water
392 sgft
(B) High Ground
40 sgft
(C) Shallow Bottom
780 sgft
(D) Total Area Disturbed: 1,212 sqft
(E) Primary Nursery Area: No RECEIVED
(F) Water Classification: SC Open: Yes
NOV 19 2018
DCM-MHD CITY
Field Investigation Report
Page 2
8. PROJECT SUMMARY:
The applicant proposes to construct a 130 linear feet of rock rip -rap breakwater and a 4 foot
by 80-foot pier with a 6 foot by 12 foot "L" platform going out into the Pamlico Sound.
Proiect Settin
The property proposed for development is located at 39316 NC 12 Hwy in Avon, and consists
of 2.11 acres adjacent to the Pamlico Sound. The site includes 1,152 square foot single family
residence and 1,024 square foot storage building. There is also an asphalt parking area.
beside the house with a marl driveway to the storage building. The adjacent property to the
north is Cape Hatteras National Sea Shore and the property to the south is a residential lot.
Vegetation on the site includes but is not limited to, indigenous yard grasses, Southern
Redcedar (Juniperus spp.) and Soft Needle Rush (Juncus effuses). Soil Types on the site
include Duckston Fine Sand (DtA). Submerged Aquatic Vegetation (SAV) near the site include
Widgeon Grass (Ruppia marifima). The property has an elevation of 3 feet above normal water
level.
Development Pr000sal
The applicant proposes to construct two rock breakwaters averaging 17 feet off shore. One
breakwater is proposed to be 6 foot by 62 foot and the other 6 foot by 68 foot with a five-foot
gap between the two sections. The applicant also proposes to construct an 80 foot by 4 foot
pier with a 12 foot by 6 foot "t ' platform and approximately 10 foot walkway over high ground.
The water depth at the terminus is approximately 2 feet.
Anticipated Impacts
The proposed development will result in the filling of 780 square feet and shading of 392
square feet of Estuarine Water and Public Trust Areas. The proposed development will also
result in the shading of 40 square feet of Estuarine Shoreline. Temporary Turbidity will occur
during construction.
Submitted by: Cynthia Rountree
Date: November 6, 2018
PROJECT NARRATIVE
Don Britton
October 3, 2018
Project Description:
Received
DCM-EC
The subject property is located at 39316 NC 12 Hwy in Avon, Dare County, North
Carolina adjacent to the Pamlico Sound. The property is a developed 2.11 acre
lot with a single family residence, storage building and asphalt parking area.
The proposed improvements include the construction of 130 linear feet of a rock
rip -rap breakwater and a 4'x8O' pier with a 6'x12' platform.
Construction Techniques:
The pier pilings will be installed by jetting them in hydraulically. The remaining
pier construction will be done by hand using conventional framing techniques.
The rock for the breakwater will be placed using an excavator. The construction
material will be placed on the asphalt parking area located on the east side of the
property adjacent to NC 12. A backhoe will be used to transport small amounts
of material to the shoreline and wood matting will be used to cross the wetland
areas. The mats will be removed when construction is complete.
Submerged Aquatic Vegetation (SAV) Analysis:
An SAV (subaquatic vegetation) survey was conducted on 9/5/18 by Doug
Dorman of Atlantic Environmental Consultants, LLC. There were dense areas of
Wideon grass found in the adjacent waters of the proposed project starting at 65'
from the existing shoreline. The density of the vegetation ranges from absent at
0'-40', moderate at 40'-65' and dense water ward of 65' from the shoreline. One
meter square samples were taken in the project area and the results are in table
1.
Wetland Delineation:
A wetland delineation was completed by Atlantic Environmental Consultants, LLC
and verified by the US Army Corp of Engineers on August 8, 2014. A copy of the
Approved Jurisdictional Determination signed by Kyle Barnes is included with the
application.
RECEIVED
NOV 19 2018
DCM-MHD CITY
Submerged Aquatic Vegetation Analysis Results:
Sample # Water Depth Bottom Type SAV Coverage Shellfish
1
-2.1 Muddy Sand
Dense
None
2
-1.8 Muddy Sand
Moderate
None
3
-0.8 Sand
Absent
None
4
-2.2 Muddy Sand
Dense
None
5
-1.8 Muddy Sand
Moderate
None
6
-1.5 Muddy Sand
Absent
None
7
-0.5 Sand
Absent
None
8
-2.2 Muddy Sand
Dense
None
9
-1.7 Muddy Sand
Moderate
None
10
-1.2 Sand
Absent
None
11
-0.5 Sand
Absent
None
Table 1.
Sample data for Submerged Aquatic
Vegetation
(SAV) and shellfish.
Received
DCM-EC
RECEIVEf7
NOV 19
DCM-MHD CITY
t
.."This is a word processing form to be completed in Microsoft Word`
k
NC Division of Coastal Management
Major Permit Application Computer Sheet
(1.1/01/2012)
Applicant: Don Britton
Date: 11/6/2018
Project Site County Dare
Stati., Cynthia Rountree
District: ®Elizabeth City ❑Washington
❑Morehead City El Wilmington
Project Name: Don Britton
Rover File:
Date of initial application submittal (EX: 1 October 9, 2018
Date application "received as complete" in the Field office (EX: 1/&2007): November 5, 2018
Permit Authorization: ❑CAMA Dredge & Fill ®Both
SITE DESCRIPT/ONIPERMIT INFORMATION
PNA: [-]Yes ®No
Photos Taken: Yes ® No❑
Setback Required (riparian): ® Yes ❑No
Critical Habitat: ❑Yes ❑No ®Not Sure
15 foot waiver obtained: ❑Yes ®No
Hazard Notification Retumed,NIA
[]Yes ❑No
SAV. ®Yes ❑No Elliot Sure
Shell Bottom: El Yes ®No ❑ Not Sure
Temporary Impacts. ®Yes ❑No
Sandbags: []Yes ®No ❑ Not Sure
Did the land use classification come from
county LUP. 0 Yes []No
Mitigation Required (optional):
[I Yes ®No
Moratorium Conditions: []Yes ❑No
®NA
Environmental Assessment Done:
[I Yes []No ®NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium Jamaicense)
❑ (SA) Salt marsh cordgress (Sparhna
❑ (SY) Salt mad grass (Spartina
altemifiors)
cynosuroides)
❑ (DS) Salt or spike grass (Disbchlis
El(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
ap.)
❑ (JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemenanus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
® III(A) Private w/D&F up to 1 acre; 3490
❑ Ill(D) Priv. public or Comm w/D&F to 1
can be applied - $250
acre; 3490 can? be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more then 1 acre - $475
❑ Permit Transfer- $100
❑ III(B) Public or commercial w/D&F to 1
El Express Permit- $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
❑ 11. Public or commemiayno dredge
RECEIVED
$100
and/or fill - $400
❑ I. Private no dredge and/or fill - $250
❑ III(C) Privpublic or Comm wiD&F to 1
Z018
acre; 3490 can be applied; DCM needs
NOV 19
DWQ agreement - $400
252-808-2808 :: 1-888.4RCOAST :: www.neeosstalmanagement.nst revised: Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3►
Applicant: Don Britton
Date: November 6, 2018
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
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
Breakwater
1
Afe"' Work ®
Replace
6 ft
62 ft
Maint ❑
❑ Y ® N
Breakwater
1
New work ®
Replace
6 ft
68 ft
Maint ❑
❑ Y ® N
Pier
1
New Work ®
Replace
80 ft
4 ft
Maint ❑
❑ Y N N
Pier "L" head
1
New Work ®
Replace
6 ft
12 ft
Maint ❑
❑ Y ® N
Non -Pier
1
New work ®
Replace
10 ft
4 ft
Maint ❑
❑ Y N N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
NnV 19 2018
D
rvie.a . zo�z
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Don Britton
Date: November 6, 2018
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp ire s
FINAL Sq. Ft
(Anticipated final
disturbance.
Excludes any
restoration
andror temp
impact amoun)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp ire
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amoun
High Ground
Dredge ❑ Fis ❑ Both ❑ Other ®
40 sq ft
40 sgft
Open Water
Dredge ❑ Fill ❑ Both ❑ other ®
392 sqft
392 sgft
Shallow Bottom
Dredge [I Fill ® Both [I Other ❑
780 sgft
780 sgft
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
NOV 19 2018
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.ncconstalmanaaement.nat revised: Nov. 2012
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON.C. DAVIS
Director
File Note:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinator
SUBJECT: Don Britton Living Shoreline alignment with neighboring bulkhead
DATE: 1/2/19
The proposed living shoreline attaches to the southern neighbor (Sauers) approximately 25 feet from
NWL. At this location field staff (Cynthia Rountree) noted in recommendations that there may be an
inconsistency with rule language discussing stagnant water bodies. The living shoreline height above
NWL is proposed to be 0.5 feet. Initial comments and secondary comments after the living shoreline
alignment changed along the northern terminus from DMF, WRC, and DWR 401 did not indicate an issue
with the potential for stagnant water. After discussions with Doug Huggett, along with agency
comments, that there is no inconsistency with the stagnant waterbody rule language.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808
Received
�o DCM-EC
a: 1959 P: 213 Doc Id: 6344163
a 05/29/29M 01:59 PM Re iPt 4: 14-4931
DAN? REAL ESTATE oao CO" oM NCFaolee Tu aa. $800 90
e Vamolla RoRurran-5elth. Register of Deeds Dare Co. Me
COL TRANSFER TAX
8344153 9: 1959 P: 213 Page 1 of 2 5/28/14 1:59 PM
'' ►i s��� BIII KIM W.114F4R *1101111VIIWla 1911" 1111
C —
SPACE ABOVE THIS LINE FOR RECORDING DATA
r LAND R NUMBER: 1555-14 C 1%LAND FEE: $4,000.00 AFTER RECORDING RETURN TO:
EXCISE TAX: $ .00 MCDONNELL S A?:SOCIAI E8, P.A.
PARCEL NUMBE 13357000 P.O. BOX 122E:5
REAL ESTATE TAXES PAID: 2013 COLUMBIA, SC 29211
803-931-8793
Prepared by Return to:
rn E.Crouse Gray, Jr., A License Carolina Attorney Peter W.R. Martin
-ya DeiingaentTam, if any, are to ek(�P+d by the closing Advantage Title Company
yr" attorney to the County Tax Colledtoqrpon disbursement 2037 Liberty Road
F of closing proceeds. Eldersburg, MD 21784
GRAY & LLOYD, L.L.P.
0 3120 North Croatan Highway, Ste. 101 • All or a portion of the property herein conveyed
? Kill Devil Hills, North Carolina 27948 does not include the primary residence of the Grantors.
My File No. 7286-002
5 NORTH CAROLINA
DARECOUNTY 0
THIS DEED made this the 21st dayyt 2014, by and between Brenda B. Sitz,
s unmarried, of PO Box 911, Avon, NC 27915, Grand 12 To Sound, LLC, of 9505 Watts Road,
�e Great Falls, VA 22060, Grantee:
0
a The designation Grantor and Grantee as used Ito shall include said parties, their heirs, and
5 successors and assigns, and shall include singular, plural, masculine, feminine or nether as required
zby context.
c1 �,
WITNESSETH: �0
N THAT the Grantor, for a valuable consideration paid by tee, the receipt of which is
hereby acknowledged, has and by these presents does grant,sell and convey, unto the
A Grantee in fee simple, all that certain lot or parcel of land situated �Minnakeet Township, Dare
County, North Carolina, and more particularly described as follows: Y'• RECEIVED
d NMO�V 19p2(0,18Ty
0(fook frr58 Page °1C�TY1
___. ceive&
OCT 9-gym
t.
DCM-EC
Q All of those certain lots known as and being Lot No.1 and Lot No. 2, Section 3,
�of the subdivision known as "Atlantic Estates" as shown on a map or plat
�
entitled "Sections 3 and 4 of Atlantic Estates, North of Avon - Kinnakeet
Township, Dare County -North Carolina" prepared by Wesley M. Meekins, Jr.,
Registered Land Surveyor, of Manteo, North Carolina and appearing of record
in Plat Cabinet A at Slide 61 in the Office of the Register of Deeds of Dare
County, North Carolina.
Yll
N'5e property hercinabove described was acquired by Grantor by Deed recorded in Book 910,
Page 51U)are County Public Registry.
TO 9E AND TO HOLD the aforesaid lot or parcel of land and all privileges and
nanoTs&ereto belonging to the Grantee in fee simple.
And the !�n for covenants with the Grantee, that Grantor is seized of the premises in fee
simple, has the rightto convey the same in fee simple, that title is marketable and free and clear of
all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
persons whomsoever except for the exceptions hereinafter stated.
Title to the properohereinabove described is subject to the following exceptions:
O
1. Exception is takeid'2014 ad valorem taxes.
2. Exception is taken t�i �y easements and restrictions of record.
IN WITNESS WHEREO`$,\ a Grantor, has hereunto set her hand and seal, the day and year
first above written.
/ /off. (SEAL-)
d Brenda B. Sitz
O 1.
STATE OF NORTH CAROLINA �l
COUNTY OF LA?C Y �
I, 3 fW hi E. Nr#ikao.D a Notarylic of the State aforesaid, certify that Brenda
B. Sitz, personally appeared before me this day and cknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp of seal this the 4day of Masi
.12014.
OFblic, North
C
t
Notary Public, North cam
N Pu 1
County of Dare i
(SEAL) -- JOANN E. HARWOOD My Commi sl l Expires: - w �
Registration
6344163 B; 1959 P: 213 Page 2 of 2 12V14 1:59 PM
�m 1��1�17Mwti�'6a��' kri�NiR'c�wFwl+iiwl�i+� �i ui
Book 1969 Page 213-0002
r .
Business Entity Details
i
Page 1 of 1 j
Alert to huslness entitltl regarding malfinge from VLIGTNIA COUNCIL MR CORPORATIONS or if . BUSINESS SERVICES Is evaRable fmm the Bulletin Ar1h1w link of th
Clerks offer vrebsRe.
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9uairmn [mieee
occur Tmruens
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Aaalgew realm
Home I Ste MeP I About SCC I Confect SCC I Pdvery Polity ^
Login I Create an Caunt
SCC enle
Business Entity Details W2
12 to Sound, LLC
,— General —
i SCC ID: 55017399
Entity Type: Limited Uabllity Company
ludsdlction of Formation: VA
Date of Fonnation/Re9isVation: 4/15/2D14
Status: Active
I
Principal Office
9505 Watts Road
i Gnat Falls VA22C66
r Registered Agent/Registered Office
DON BR1lTON
9505 WATTS ROAD
GREAT FALLS VA 22066
FAIRFAX COUNTY 129
1 Status: Active
ErtealVe Data: 4/15/2014
Screen ID: BLOOD
swean.d e
Nee Mdltlomllnbmno n?f me infe®amVlmwa.nev Webslteeumtond?ConNcbyebms
aEroe habM tOFeeaGer MI aROPlm eniMa lmlkaaars:(p¢I. PoverPNN. Wotd)
Select an action --
File a rnlstgred agent change
File a reaistered of m address change
Reston as registered agent
File a odndpal office a ldre55 change
i Pay annual realstration fee
Carr a ceMcate of fact of existence
t Submito PDF for orocessino (What an l svbmV
Vie. CRIO Va ac Yarn Lt�slon hlstory
i Manage email v L4Lsy l iniygt_fitatl Fllatemay ionsnotlil dons
I
Build e: I.0.0.11262
https://sccefile.scc.virginia.gov/Business/S5017399 12/5/2018
MAJOR PERMIT FEE MATRIX
Applicant: '9Y i*OVA
Selection
Development
DCM %
DWQ %
(14300 1601 435100093 1625 6253)
(24300 1602 435100095 2341)
I. Private, non-com
development that d
Tand
100% ($250)
W�li (SO)
involve the filling o
excavation of any
or open water area
II. Public or comm
❑
development that
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
❑
Major Modification to a
S 2 5O
100% ($250)
0% ($0)
CAMA Major permit
III. For development that
MINEENEENE
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. 4097 (See
attached) can be a lied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40%($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
RECEIVED
review and written DWQ
concurrence is needed
because of concerns
NOV 19 2018
related to water quality or
aquatic life:
_
III(D). If General Water
EJ
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) cannot
be applied:
IV. For development that
❑
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:
y
W
>
Ill
U
IIJ
o
oa
�
o
U
2
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Page 1 of 1
http://gis.darecountync.gov/report.html?parid=0133 57000&lat=35.37090239968465&ing=-75.49974621550063&z 18&bas=2012&layers=P... 10/30/2018
AUTHORIZATION TO ACT AS REPRESENTATIVE FORM
Property Legal Description:
DEED BOOK: 1959 PAGE NO: 0213
PARCEL ID: 064006382278.
STREET ADRESS: 39316 NC 12 Hwy
Please Print:
Property Owner: Don Britton.
Property Owner:
Received
The undersigned property owners of the above noted property, so hereby authorize
CJC i b - 201B
DCM-EC
Done Dorman of Atlantic Environmental Consultants. LLC to,
(Contractor/Agent) (Name of consulting firm)
1. Act on my behalf and take all actions necessary for the processing, issuance and
acceptance of permits and/or certifications and any all standard and special
conditions attached.
2. Enter the property to obtain site information including inspections with regulatory
agencies (Dare County, North Carolina Department of Environmental Quality,
U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or
certifications.
Property Owners Address (if different than property above):
9505 Watts Road, Great Falls, VA 22066
Property Owners Telephone Number: 703-624-3340
We hereby certify that the above information submitted in this application is true and
accurate to the best of our knowledge.
Authorized Signature and Title Authorized Signature and Title
Date: 9/21/18 Date:
RECEIVED
NOV 19 2018
DCM-MHD CITY
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261-7707 Phone/Fax
October 3, 2018
Henry & Ramona Sauers
PO Box 235
White Marsh, MD 21162
Dear Mr. & Mrs. Sauers,
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Received
�c S4'F
DMEC
The owners of the adjacent property are applying for a CAMA Major permit to construct a rock
breakwater and 4'x80' pier with a 6'xl2' platform located in the adjacent Pamlico Sound. The
specifics of the proposed work are in the enclosed application and drawings.
As the adjacent riparian property owner to the aforementioned project I am required to notify
you of the development in order to give you the opportunity to comment on the project. Please
review the attached permit application and drawings.
Should you have any objections or comments concerning this project, please send your written
comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 1367 U.S. 17
South, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments
will be considered by the department in reaching a final decision on the application. No
comments within 30 days of your receipt of this notice will be considered as no objection. If you
have any questions on this project please call me at 252-599-2603, or
e-mail me at dougdaec@gmail.com.
Sincerely,
Doug Dorman
SIGNATURE
DATE
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261-7707 phonetfax
October 22, 2018
Cynthia Rountree
401 South Griffin Street, Suite 300
Elizabeth City, NC 27909
RE: Don Britton— Revised CAMA Major Permit Application
Dear Mrs. Rountree,
Received
DCM-EC
Enclosed is a revised CAMA Major Permit application as per your comments dated
October 22, 2018. The proposed project is located at 39316 NC 12 Hwy on the Pamlico
Sound in Avon, Dare County, North Carolina.
The following information has been submitted as part of the permit application:
1. A revised copy of the site plan and details for the project.
2. Revised application forms DCM MP1, MP2 & MP4
3. A revised narrative description of the project.
4. Adjacent property owner notification letters and certified mail green cards.
If have questions or need additional information please contact me at 252-261-7707 or 252-599-
2603.
Sincerely,
Doug Dorman
Atlantic Environmental Consultants, LLC
RECEIVED
NOV 19 Z018
DCM-MHD CITY
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261-7707 Phone/Fax
October 3, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Received
Cape Hatteras National Seashore uC: 2 4 K:
c/o David Hallac
1401 National Park Drive DMEC
Manteo, NC 27954
Dear Mr. Hallac,
The owners of the adjacent property are applying for a CAMA Major permit to construct a rock
breakwater and 4'x80' pier with a 6'x12' platform located in the adjacent Pamlico Sound. The
specifics of the proposed work are in the enclosed application and drawings.
As the adjacent riparian property owner to the aforementioned project I am required to notify
you of the development in order to give you the opportunity to comment on the project. Please
review the attached permit application and drawings.
Should you have any objections or comments concerning this project, please send your written
comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 1367 U.S. 17
South, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments
will be considered by the department in reaching a final decision on the application. No
comments within 30 days of your receipt of this notice will be considered as no objection. If you
have any questions on this project please call me at 252-599-2603, or
e-mail me at dougdaec@gmail.com.
Sincerely,
�IT g Dorman
SIGNATURE
DATE
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
you 7 s�u.rzs
Po ,Qvk .23
klH/P MWks#.- 410 21142,
IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINII
9590 9402 1609 6053 1096 60
7015 1730 0001 3043 6481
Ps Form 3811, July 2015 PSN 753"2-000-9053
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailplece,
.he front if space permits.
1. Article Addressed to: -k
�e �kf-us �Jt�iiovta\ ��.sl�o1�
�o—Da-UiOL OLC.
fl{pl 1Jo#iana�l Seastnor'e- ��v�
il a.h-teo r N C arjQ 5t-{
ULMOly, �6LWt-& I
Isdeliveryaddresed'Aferent YY1
If YES, enter delivery address below: ❑ No
, mceived
3. SMICe Type
❑ Adult SlgnaWre
❑ Pricrlty Mail Ezprcus®
ManTm
❑ Adult Signature Restricted
�
Mall Restrict,
refied Mail
Cutified Mail Restricted Delivery
❑ far
❑ Collect on Delivery
0 Collect on De!Ivery Restricted DeMery
❑ Signature Conllmlellen^
^ inured Ma!
❑ Sig,anve cenrirrmuon
InSurreGel RaDBC.wry
R%bitted Delivery
Domestic Return Receipt
v5pll
Is delivery address different from ttem 1? Yap
If YES, entafte vr. ❑ No
11111111!alllllllllllllllllllllllillllll!I
IIIII
3. i;'iF'TYTI
❑ Adult Slgrlelure
lum
❑ RBgleleretl MaIITM
Registered
9590 9402 1609 6053 1096 46
0 Adult slgnMa�tme Restricted Delivery
fief a tbew Deuvary
0 R iste ed Mall Restrigt
❑ RM=eesnry
mm
fFie
❑ Cored on Defivery
ptfor
2. Article Number?ransfar from service label)
13 Coned on DeMery Restricted Delivery
Insured Mall
0 Signature C°nfinnetlmn
❑ Signature Confirmation
7 015 1730 0001 3043 6498
Insured Mail Restricted Delivery
Restricted Delivery
overs500)
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
RECEIVED
NOV 19 2018
DCM-MHD CITY
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
EMAIL MEMORANDUM
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
legals@thecoastlandtimes.net
FROM: Ella Godfrey
DATE: November 13, 2018
SUBJECT: Public Notice: Don Britton
Please publish the attached Notice in the Sunday, November 18, 2018 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 Melissa Sebastian, 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: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Sarah Young, PIC, DCM, Raleigh
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
RECEIVED
�DWQ�r NOV 19 M18
DCM-MHD CITY
North Carolina Department of Environmental Quality Division of Coastal Management
Elizabeth City Office ' 401 South Griffin Street, $Wte 300 Elizabeth City, North Carolina 27909
2522643401
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 11/05/18. Don Britton proposes to
construct a 130 linear feet of rock riprap breakwater and a 4'x80' pier with a 6'x12'
platform, located at 39316 NC Hwy 12 in Dare County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-
3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM,
400 Commerce Avenue, Morehead City, NC 28557, prior to 12/08/18, will be considered
in making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Sunday, November 18, 2018
�c��+meammmewaun�
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office j 401 South Griffin Street Suite 300 1 Elizabeth City, North Carolina 27909
252.2643901
ROY COOPER
NCHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Don Britton
9505 Watts Road
Great Falls, VA 22066
Dear Mr. Britton:
NORTH CAROLINA
EnvBmukntal QudEy
November 13, 2018
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located 39316 NC HWY 12, Avon in Dare County.
It was received complete on November 5, 2018 and appears to be adequate for processing at this
time. The projected deadline for making a decision is January 19, 2019. 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 November 5, 2018, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted
at the property of your proposed development. You should post this notice at a conspicuous point
along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your
property, or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
RECEIVED
NOV 19 2018
North Carolina Department of Environmental Quality I Division of Coastal lvl agemnt D C M-M H D CITY
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909
25226439M
Don Britton
November 6, 2018
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 Cynthia Rountree, Field Representative,
if you have any questions and or if you wish to receive a copy of her field report.
Sincerely,
s
Frank Jennie sry
District Manager, Northeastern District
NC Division of Coastal Management
FJ/eg
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC
Cynthia Rountree, DCM, Elizabeth City, NC
Doug Dorman, Atlantic Environmental Consultants
NOTI(01*17,j
PROJECT: Construct a 130 linear feet of rock riprap
breakwater and a 41x80' pier with a 61x12' platform.
Z �
o m
c M December 8, 2018
co
COMMENTS ACCEPTED THROUGH
v
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Don Britton Cynthia Rountree
9505 Watts Road 401 S. Griffin Street, Suite 300
Great Falls, VA 22066 Elizabeth City, NC 27909
703-624-3340 252-264-3901, ext. 233
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Duww
Atlantic Environmental Consultants
Doug Dorman
P.O. Box 3266
Kitty Hawk, NC 27949
Dear Mr. Dorman:
NORTH CAROLINA
Envtronmentaf Quality
October 18, 2018
Re: Don Britton CAMA Major Permit Application to Constructing rock
breakwaters and a pier at 39316 NC Hwy 12 in Avon, Dare County
The NC Division of Coastal Management hereby acknowledges receipt of your application on
October 9, 2018, for State approval for the development of the referenced project. An initial
screening of the submittal package has been conducted as per 15A NCAC 07J.0203 (copies
enclosed). This revealed certain deficiencies, which must be corrected before the application
package can be accepted as complete. To assist you in expediting the permitting process as much
as possible, I am notifying you of these deficiencies immediately so that they can be quickly
corrected to facilitate my detailed review.
Because the deficiencies are easily correctable, I am not returning the original application package.
Please make the needed changes and submit the appropriate documentation. With the retained copy
of the application, I can commence the detailed review. Please understand that the subsequent
detailed review may reveal additional areas where further information or documentation is
required to demonstrate compliance with the rules directly applicable to the proposed
development. If this occurs, you will be notified of such issues separately.
Our initial screening has identified the following deficiencies:
1. Not all questions on the application have been answered or indicated as "not applicable."
Please address the following items:
Form DCM-MP-1:
Number 3. about lot numbers please list that it is lots 1 and 2.
Number 4.a, about double check shoreline length according to dare county
it is 154 linear feet.
- Number 4.g, about land use at adjacent property please also indicate that
land to the North is the Wildlife refuge.
Form DCM-MP-2: RECEIVED
DE94 NOV 0 g 2018
��
DCM-MHD CITY
North Carotlna Departmentof Environmental Quality Divisionof Coastal Management
Elzabeth City Office i 401 South Griffin Street. Suite 301 1 Elizabeth City, North Caroitna 27909
2522G4.3901
Doug Dorman
October 18, 2018
Page 2 of 3
Number 3.g, about Bulkhead fill since there is no proposed bulkhead this
area does not need to be filled out so please remove rip -rap.
Number 4.a.iv, about purpose for fill please correct spelling of rip -rap.
Number 5.a, about fill material being kept on site please describe of the
fill material will be stored on site.
■ Form DCM-MP-4:
- Number Ledii, about platform width in the narrative it says that it will be
6 feet wide and this says 4 feet please fix the in correct number.
- Number Lh., about it wet slips only then please check the box and fill out
any other sections that pertain to this information if not then please
remove the number 4.
- Number Lj, about typical boats used if none please put N/A.
- Number Lk, about boat length if none please put N/A.
- Number Lin, about tie pilings if none please check no.
- Number 6., about mooring pilings and buoys please check this section is
not applicable.
2. Adequate Work Plans or Drawings have not been submitted. Please address the following
items:
A Cross -Section Drawing must be submitted that:
- Depicts the required information; specifically, for the pier please show at
least an average or rang of depths that the pier will be above NWL.
- References elevations to zero at NWL.
The Plat must locate project area wetlands and identify the agency or consultant
making the determination, along with the date the determination was made.
3. Documentation of Notification of Riparian Property Owners must be provided. Please
submit Certified Return -Mail Receipts for this notification, along with a copy of the
notification letter provided to these owners and any comments received in reply.
To expedite our response to your permitting request, we will commence the detailed review of
your application for a permit pending the receipt of the additional information requested above.
However, the statutorily provided 75/150 days allowed for review cannot commence until such
time as we have received a complete application package. Once your application has been accepted
as complete, you will receive a separate notification letter.
If it is not possible to render a permit decision within 70 days of the date when your application is
received complete, you may request a meeting with the Director of the Division of Coastal
Management and permit staff to discuss the status of your project. Such a meeting will be held
within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
Doug Dorman
ctober 18, 2018
Page 3 of 3
Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any
questions regarding this letter or the permitting process.
Sincerely,
VA. tel-
Cynthia Rountree
Field Representative
Division of Coastal Management
cc: Doug Hugget, Major Permits Coordinator, DCM, Morehead City
Frank Jennings, District Manager, DCM, Elizabeth City
Don Britton, Owner
RECEIVED
NOV 0 9 2018
DCM-MHD CITY
TYPICAL BREAKWATER CROSS SECTION
N.T.S.
_ N
`,r U 5 GOVERMENT
l �� "P114-f4-K80' LITTLE KINNAKEET LIFE SAVING STATION
6RA4 �6 X7�� Da 1635, P9 406
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VICINITY MAP (NTS)
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$ EwmNc
/o _.—_.-'---'-'�� 45,427.22 F WETLANDS •'\�'`;, FAMILY „i// ///'•./ 3 46,490.28 SF UPLANDS i ! - ';:
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C- EX ASPHALT h GRAVEL DRIVEWAY _ - - - - - - - - - - - - - - -
---- ---- _ 30' TAR/PAM BUFFER LINE
- - - - - 75' AEC LINE /
EXISTING NORMAL WATER LEVEL LOT 4
X 4.4' - EX. WATER DEPTHS
IN - SAV SAMPLE PIONTS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TYPICAL PIER CROSS SECTION
N.T.S.
CAMA MAJOR SITE PLAN
DON BRITTON
PROPOSED ROCK BREAKWATER & PIER
AVON — DARE COUNTY — NORTH CAROLINA
3 6 120 180' ATLANTIC ENKRONMSNT,4L CONSULTANTS, LLC
GRAPHIC SCALE 1•=60' P.O. BOX ,3266, KITTY HsIWK, N.C. 2790
(2,%261-7707, e-mail dougdoec®gmoi/.com
DATE: 10/1 /18 REVISED: 10/22/18, 12/20/18 FILE: BRITTON 10/18 DRAWN BY: DAD
TYPICAL BREAKWATER CROSS SECTION
N.T.S.
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LITTLE KINNAKEET LIFE SAVING STAn NI
DB 1635, PB 406
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— — — — — — — — — — — — — — — — — — — — — — — —
- PROPOSED ROCK BREAKWATER
/
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— — — — — — — — — — — — — — —
_---_
_ 30' TAR/PAIA BUFFER LINE
----
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LOT 4
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10
— — — — — — — —
- SAV SAMPLE FIONTS
— — — — — —
— — — — — — — — — — — — — — — —
— —
TYPICAL PIER CROSS SECTION
N.T.S.
CAMA MAJOR SITE PLAN
DON BRITTON
PROPOSED ROCK BREAKWATER & PIER
AVON - DARE COUNTY - NORTH CAROLINA
30' 0' 60' 120' 180'
GRAPHIC SCALE 1"=60'
DATE: 10/1/18
REVISED: 10/22/18,
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ATLANTIC ENV/RONMENT,4Z CONSULTANTS, LLC
P. 0. 9OX 3266, KITTY HAWK, N.C. 27949
(252)261-7707, e-mail dougdoec®gmoi/. com
8 FILE: BRITTON 10/18 DRAWN BY: DAD
TYPICAL BREAKWATER CROSS SECTION
N.T.S
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— — — — — — — — — — — — — — — — - PROPOSED ROCK BREAKWAIER / ;•I
- — — — — — — — — — —
EX ASPHALT Q GRAVEL DRIVEWAY — — — — — — — — —— — — — — — — — —
__--___ _ 30' TAR/PAN BUFFER LINE
— — — — - 75• AEC LINE /
E705RNG NORMAL WATER LEVEL LOT 4
X 4.4' - EIL WATER DEPTHS
IN - SAV SAMPLE PIONTS
— — — — — — — — — — — — — — — — — — — —
UES
TYPICAL PIER CROSS SECTION
N.T.S.
CAMA MAJOR SITE PLAN
DON BRITTON
PROPOSED ROCK BREAKWATER & PIER
AVON — DARE COUNTY — NORTH CAROLINA
3 6 120 180' ATLANTIC rNl1/RON#ZNTAL CONSULTANTS, LLC
GRAPHIC SCALE 1'=60' P.O. BOX 3166, KITTY 114WK, N.C. 2790
(152)261-7707, a -moil doagdoec®gmoi/.com
DATE: 10/1/18 REVISED: 10/22/18, 12/20/18 FILE: BRITTON 10/18 DRAWN BY: DAD
PROPOSED ROCK RIP -RAP
SITE
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�Q -1.5'
EKISTING BOTTOM YIQBI R
TYPICAL BREAKWATER CROSS SECTION
N.T.S.
- .- - N
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- - - - - - - - - - - - - - - - - - - PROPOSED ROCK BREAKWATER /
- - - - - - - - - - - - IX ASPHALT Q GRAVEL DRIVEWAY- - - -
DRIVEWAY - - - - - - - - - - - - -
30' TAR/PAM BUFFER LINE
- - - - - 75' AEC LINE /
- DUSTING NORMAL WATER LEVEL LOT 4
X 4.4' - IX WATER DEPTHS
I■ - SAV SAMPLE PIONTS
-------------------------------------------------------
TYPICAL PIER CROSS SECTION
N.T.S.
CAMA MAJOR SITE PLAN
DON BRITTON
PROPOSED ROCK BREAKWATER & PIER
AVON — DARE COUNTY — NORTH CAROLINA
30' 0' 60' 120• 180• ATLANT/C ENV/RONMENTAL CONSIVANTS, LLC
GRAPHIC SCALE 1-= 60' P.O. BOX .3266, K/TTY HAWK, N.C. 2790
(252)261-7707, e-moil dougdoec®gmoi/.com
DATE: 10/1/18 REVISED: 10/22/18, 12/20/18 FILE: BRITTON 10/18 DRAWN BY: DAD