3-19 MM 12 to Sound LLC

Permit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to 12 to Sound LLC., 9505 Watts Rd., Great Falls, VA 22066
Permit Number
3-19
Authorizing development in Dare County adjacent to the Pamlico Sound, at 39316 Hwy 12, in
Avon , as requested in the permittee's application dated 1/26/21,
including attached workplan drawing (1), dated "Revised 2/25/21".
This permit, issued on July 23, 2021 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) In accordance with the request of the permittee, the offshore sill originally authorized is hereby
deleted from the project and is considered null and void.
Shoreline Stabilization — Bulkhead and Rip Rap
2) The bulkhead alignment shall approximate the normal water level at the time of construction.
3) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead and
rip rap alignment.
(See attached sheets for additional conditions)
This permit action may be appealed by the petmittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

12 to Sound LLC. Permit No. 3-19
Page 2 of 3
ADDITIONAL CONDITIONS
4) No vegetated wetlands shall be excavated or filled, even temporarily.
5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
6) The bulkhead shall be constructed prior to any backfilling activities.
7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
8) The fill material shall be clean and free of any pollutants except in trace quantities.
9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.
11) The alignment of the toe of rip rap shall not exceed the alignment as depicted in the attached permit
application and workplan drawings.
12) The rip. rap and offshore sill material shall consist of clean rock or masonry materials such as, but not
limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from
the approved alignment by wave or current action.
13) The alignment of the authorized bulkhead and rip rap shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
14) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
General
15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
17) All debris associated with the.removal or construction of the permitted development shall be contained
within the authorized project area and removed to an appropriate upland location.

12 to Sound LLC.
ADDITIONAL CONDITIONS
Permit No. 3-19
Page 3 of 3
18) This Major Modification shall be attached to Permit No. 3-19, which was issued as amended to the
permittee on 1/11/19, as well as all subsequent modifications, refinements, and renewals, and copies of
all documents shall be readily available on site when a Division representative inspects the project for
compliance.
19) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to the U.S. Army
Corps of Engineers.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2018-1617 v2.
NOTE: An application processing fee of $250 was received by DCM for this project.

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DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant: ka �u avmd �-L
Type: (Check all that apply)
New krlajor Mod Permit# 1 Minor Mod Renewal Transfer
Permit Coordinator: km
Field Representative: (�& V\k"
Date Time
31 tDPckp-1
��0���
Message
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D09, 5(I-LI<Imp- ,56
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DCM Coordinator: &T%AIf41(Z Permit #: �7-lg G� a"� r_ ki j
MAILING DISTRIBUTION SHEET
Permittee: 1'Z 16 5oar.J LLG �'% Ci lgr,Tyr Y7�� Wg+CS � �ryraf/�llS
iI / . / llt
Agents
Zzo ('L
DCM Field Offices //--
Elizabeth City fVoa✓t6 �ui Washington (with revised work plan drawings)
Morehead City Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill -Earley at [e-mail] —_-
Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO)
Marine Fisheries: Kim Harding Jimmy Harrison �—
NC DOT: David Harris /
Shellfish Sanitation: Shannon Jenkins / Sharon Gupton
State Property: 13 Tim Walton / Mike Moser
i
DEMLR/DWR: Sheri Montalvo / Shelton Sullivan
Washington: Chris Pullinger-401
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
Maria Dunn (WARO) —
Rodney Butler
LPO: _DVhKg ! 'ref
(NCDOT) Travis Wilson

ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
January 26, 2021
Henry & Ramona Sauers
PO Box 235
White Marsh, MD 21162
Dear Mr. & Mrs. Sauers,
CERTIFIED MAIL RECEIVED
RETURN RECEIPT REQUESTED
JAN 2 7 2021
DCM-EC
The owners of the adjacent property are requesting a major modification to CAMA Major Permit
#3-19 for the construction of 135 linear feet of bulkhead with rock rap -rap to be installed
waterward of the proposed bulkhead. The pier and platform will remain as originally permitted
but the rock breakwater will not be constructed. 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 Kelly Spivey, District Manager, Washington Regional Office, 943 Washington
Square Mall, Washington, NC 27889, 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
[e-mail].
Sincerely,
Doug Dorman
SIGNATURE
DATE
,-1'ECEIVED
MAR 10 2021
Cell: [phone] Office: [phone] Email: [e-mail]-f0HD CITY

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRAXTON DAVIS
DbWW
NORTH CAROLINA
Environmental Quality
May 11, 2021
Atlantic Environmental Consultants LLC.
Doug Dorman
[e-mail]
Dear Mr. Dorman,
This letter is in reference to the application submitted for 12 to Sound LLC., for a Coastal Area
Management Act Major Permit to undertake development activities to construct a bulkhead with
rip rap, in Dare County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c)
which would make July 25, 2021 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, should you have any question on the status of your application, do not hesitate to contact
me by phone [phone] ext. 215) or e-mail ([e-mail]).
Sincerely,
Gregory W. Bodnar
Assistant Major Permits Coordinator
Cc: DCM WaRO
D_E •/ Q� 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

J►
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Tuesday, May 11, 2021 8:14 AM
To: 'Doug Dorman'
Cc: Carver, Yvonne; Sparks, Keri E; Godfrey, Ella M
Subject: 12 to Sound Extension
Attachments: 12toSound EXT.pdf
Morning Doug,
Please see above for the extension for 12 to Sound. Currently waiting on USACE and 401.
Thanks,
Gregg
Gregg Bodnar
Assistant Major permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2608 ext 215 (Office)
Greaa. nar ncde,�r.gSry
Email carrespomienee to and from this address is subject to the
North Carottaa Public Records low and may be disclosed to third parties.

199NFLI RECEIVED
APPLICATION for FEB 0 a 2021
Major Development Permit (last revised 12/27/06) DCM-EC
North Carolina DIVISION OF COASTAL MANAGEMENT
!. Primary Applicant Landowner Information
Business Name
12 To Sound, Llc
Project Name (if applicable)
Britton
Applicant 1: First Name
Don
MI
Last Name
Britton
Applicant 2: First Name
MI
Last Name
If aWitional applicants, please attach an additional pages) 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 ddferant hom above)
City
State
ZIP
Email
dbrilton@networkallionoe.00m
2. AgentContractor Information
Business Name
Atlantic Environmental Consultants, Lk
Agent/ Contractor 1: Fist 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 (d different from above)
City
State
ZIP
Email
[e-mail]
<Form continues on back>
CEIVED
MAR 10 2021
252-808-2808 :: 1-888-4RCOAST . Vww.!: talmanagement�wD`.ITM
,h ..,

Form DCM MP-1 (Page 2 of 4)
RECEIVED
APPLICATION for
Major Development Permit
rro n..
" 3. Project Location a L11L1
County (can be multiple)
Street Address n(1 A A���
State Rd, a
Dare
VDCM
39316 NC 12 Hwy
Subdivision Name
city
State
Zip
None
Avon
NC
27915 -
Phone No.
Lot No.(s) (d 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
I %r�fJ
Pamlico Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Pamlico Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Dare County
4. Site Description
a. Total length of shoreline on the tract (R.)
b. Size of entire tract (sq.R.)
135 linear feet
91,917 sf
C. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NA I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
2' ❑NHW or ®NWL
e. Vegetation on tract
Red Cedar, Live Oak, Wax Myrtle, Black Needle Rush, Salt Medow Cordgrass.
f. Man-made features and uses now on trail
Existing single family residence, Garagelstorage building, asphalt, concrete parking areas and existin septic systems.
g. Identify and describe the existing land uses adiaoeM to the proposed project site.
Residential properties to the south and Cape Hatteras National Seashore to the north.
It. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
C-2, General Commercial
(Attach zoning compliance certificate, if applicable)
®Yea ❑No ❑NA
j. Is the proposed activity pad of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does f involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
raL\+c1vCL!
MAR 10 2021
t�C AN xa41n C17Y
:i:52.808-2808 .. 1-888-4RCOAts' - _ �ialm a;,a��•:r7e nt.net

Form DCM MP-1 (Page 3 of 4) RECEIVED APPLICATION for
Major Development Permit
FEB 0 0 2021
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? DCM-EC ❑Yes ON,
(III) If yes to either (i) or (H) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Conventional septic system for residence.
o. Describe existing drinking water supply source.
Public water supply
p. Describe existing storm water management or treatment systems.
Norte.
5. Act/vlt/es and Impacts
❑Commeroiel ❑PublidGovemment
a. Will the project be for commercial, pudic, or private usa?
®PrivaWCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The proposed bulkhead and 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 145 linear feet of bulkhead and rock rip -rap.
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? 2,700 ®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 oft
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.Isthere any mitigation proposed? ❑Yea ❑No ®NA HECEIV
If yes, attach a mitigation proposal.
<Form continues on back>
MAR 10 2021
DCM-MHD CITY
252-808-2808 .. 1-888.4RCOAST ,,r.nccoastalmanagement.net

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the e{,pWcaflon
package to be complete. Items (a) - M are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamillar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified 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 8 Ramona Sauers Phone No.
Address PO Box 235, White Marsh, MD 21162
Name Cape Hatteras National Sea Shore, c/o David Hallac Phone No. 252473-2111
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, permitiee, and Issuing dates.
MP 03.19 issued to 12 To Sound, LLC on 01/11/2019 USACE #SAW-20194)0067 issued 01/10=19
DWR A2018-1617 issued to Don Britton on 01/14/2019 DWR #19-1262 v1 Issued to Don Britton on I1/10MI9
h. Signed consultant or agent authorization form, it applicable.
I. Welland 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 Ad.
L 7. Certification and Permission to Enter 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 1126/21
Print Name _Doug Dorman, Consultant
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
MAR 10 2021
RECEIVED
FEB D @ zon
DCM-EC
_...s-M! 11) GIT/
52.808-2808 1-888.4R-6G 7 .. :v.nccoastalmanagement.net

Form DCM MP-2
EXCAVATION and FILL
RECEIVED
FEB 0 8 2021
(Except for bridges and culverts) DCM-EC
Attach this forth to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
Length
Width
Avg. Existing
Depth
N A
NA
Final Project
Depth
NA
NA
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
C. (i) Does the area to be excavated include coastal webands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom IS%
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB _
❑WL ❑None
(ii) Describe the purpose of the excavation In these areas:
d. High -ground excavation in cubic yards.
12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes []No ❑NA
(u) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of disposal in these areas:
Dimensions of disposal area.
d. (1) Will a disposal area be available for future maintenance?
[]Yes ❑No ❑NA
(it) If yes, where?
f. (i) Does the disposal include any area in the water/
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
RECEIVED
MAR 10 2021
dHD CITY
252-808-2806 :: -1-888ARCOAST :: www.nccoastaimanagement.net revised: 12/26/06

Form DCM MP-2 (Excavation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION ❑This section not applicable
(if development is a wood groin, use MP-4— StnicWres)
a. Tvne of shnrelinn afnhilbafinm w r ...,...,.
®Bulkhead ®Riprap ❑Breakwater/Sill ❑Other:
C. Average distancewaterward of NHW or NWL: 8'
e. Type of stabilization material:
Wood or vinyl Bulkhead. Grande or concrete riprep
g. Number of square feet of fill to be placed below water level.
Bulkhead badcfill _ Riprap 135' x 6' = 810 sf
Breakwater/Sill Other
i. Source of fill material.
Trucked in from local source.
Width: 6 feet
d. Maximum distance waterward of NHW or NWL: 8 feet
f. (i) Has there been shoreline erosion during preceding 12
months?
®Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
2 feet. Field observations
h. Type of fill material.
Granite or concrete
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? []Yes []NO [:]NA b. (p Will fill material be placed in coastal wetlands/marsh (CM.
If yes,
(it) Amount of material to be placed in the water
(III) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b.
controlled?
The rock will be stored at parking area on the east side of property.
c. (i) Will navigational aids be required as a result of the project? d.
[]Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
submerged aquatic vegetation (SAV), shell bottom (SIB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV _ ❑SB
❑WL []None
(it) Describe the purpose of the fill in these areas:
What type of construction equipment will be used (e.g., dregllne,
backhoe, or hydraulic dredge)?
Backhoe, excavator.
(i) Will wetlands be crossed in transporting equipment to project
site? []Yes ❑No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
1126/21 RECEIVED
Date
12 To Sound, LLC
Project Name
Authorized agent - Doug Dorman
Applicant Name FED 08
Applicati Signature DCM-EC
::xi '..'1S .1-S.. .. .. v ..ucco aia.rrna�age+tic-nt.n: -: .. _ •• `VL1 revised: 12/26/06
DCM-MHD CITY

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: 12 to Sound, LLC; clo Don Britton COUNTY: Dare
PROJECT NAME: Shoreline Stabilization
LOCATION OF PROJECT: 39316 NC 12 Hwy, Lot 1-2, Sec 3 of Atlantic Estates; Avon
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-25-21
FIELD RECOMMENDATION: Attached: No
To Be Forwarded: Yes
RECEIVE[.)
MAR 10 1
DCM-MHU (11-Y
FIELD REPRESENTATIVE: Yvonne Carver DISTRICT OFFICE: Washington
DISTRICT MANAGER REVIEW: Date ��F /'Z(
B) DATE RECEIVED BY MAJOR PERMITS FE RECD: $150 # .
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 3-14-21
ADJ. RIP. PROP NOTICES RECD:
C) 75 DAY DEADLINE: 5-11-21
EMAIL OUT DATE:
PERMIT FINAL ACTION: ISSUE DENY
END OF NOTICE DATE: 4-3-21
DEED REC'D: Yes
Y
150 DAY DEADLINE: LS l y t
STATE DUE DATE:: 3 -31 -,,1/
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
r{!%
DCM—LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
jjTj/7.
7
ZDf Q 1
DWR-401 Section
`r!(L(
2a3 - «(-7 ✓L
DWR—Public Water Supply
DEMLR — Stormwater
DEMLR — Sed and Erosion
3/lt
L
)
DOA — State Property Office
3 L}
L I
>t
Wildlife Resources Commission
1
2
�
DMF — Shellfish Section
k
DMF — Habitat & Enhancement
}I;o law
DNCR — Archives & History
N {1
(L
YL
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Gregg Bodnar, Assistant Major Permits Coordinator APR 7 2021
Division of Coastal Management, Morehead City
FROM: Yvonne Carver, Field Representative ydc E sP SECTION MHD
THROUGH: Kelly Spivey, District Manager, Washington Office RKS
DATE: 04/05/2021
SUBJECT: Recommendations for Major Modification Application submitted on
behalf of: 12 To Sound, LLC; Don Britton; MP #3-19
The applicant originally received authorization to install a rock breakwater/sill 23-
30' offshore. At this time Mr. Britton is requesting a permit to construct 135 linear
feet (If) of bulkhead, with a 10' return wall on the north end, and install 135 If of
rock riprap a maximum width of 6' waterward of the proposed bulkhead. If the
bulkhead/riprap structure is approved, the sill will not be constructed. The
development is proposed at 39316 NC 12 Hwy in Avon, Dare County, and will
involve the Estuarine Waters (EW), Public Trust Areas (PTA), Estuarine Shoreline
(ES), and Public Trust Shoreline (PTS) Areas of Environmental Concern (AECs).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they
pertain to this project, and my findings are as follows:
15A NCAC 07H .0206 ESTUARINE WATERS
(d) Use Standards. Suitable land/water uses shall be those consistent with the
management objectives in this Rule. Highest priority of use shall be allocated to
the conservation of estuarine waters and their vital components. Second priority
of estuarine waters use shall be given to those types of development activities
that require water access and use which cannot function elsewhere such as
simple access channels; structures to prevent erosion; navigation channels; boat
docks, marinas, piers, wharfs, and mooring pilings. In every instance, the
particular location, use, and design characteristics shall be in accord with the
general use standards for coastal wetlands, estuarine waters, and public trust
areas described in Rule .0208 of this Section.
Consistent: The proposed development meets the intent of this rule.
North Carolina Department of Environmental Quality I Division of Coastal Management
rvor,m enaourw
E Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889
wmm.nnr.m�dwaro� 252.946.6481

Recommendations for Major Mod: 12 To Sound, LLC; Don Britton; MP #3-19
April 5, 2021
Page 2
15A NCAC 071-11.0207 PUBLIC TRUST AREAS
(d) Use Standards. Acceptable uses shall be those consistent with the
management objectives in Paragraph (c) of this Rule. In the absence of
overriding public benefit, any use which jeopardizes the capability of the waters
to be used by the public for navigation or other public trust rights which the
public may be found to have in these areas shall not be allowed. The
development of navigational channels or drainage ditches, the use of
bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are
examples of uses that may be acceptable within public trust areas, provided
that such uses shall not be detrimental to the public trust rights and the
biological and physical functions of the estuary. Projects which would directly or
indirectly block or impair existing navigation channels, increase shoreline
erosion, deposit spoils below normal high water, cause adverse water circulation
patterns, violate water quality standards, or cause degradation of shellfish
waters are considered incompatible with the management policies of public
trust areas. In every instance, the particular location, use, and design
characteristics shall be in accord with the general use standards for coastal
wetlands, estuarine waters, and public trust areas.
Consistent: The applicant proposes to site the erosion control structures at
approximate normal water level (NWL), The proposed development meets the
intent of this rule.
15A NCAC 07H .0208 USE STANDARDS
Paragraph (a) addresses General Use Standards; (1) Uses which are not water
dependent shall not be permitted in coastal wetlands, estuarine waters, and
public trust areas.
Consistent: The proposed bulkhead and riprap are water dependent, and
meet the intent of this rule.
Paragraphs (a) (2) (A-G) notes that before being granted a permit, the CRC or
local permitting authority shall find that the applicant has complied with the
following standards: the location, design, and need for development, as well as
the construction activities involved shall be consistent with the management
objective of the Estuarine and Ocean System AEC, and shall be sited and
designed to avoid significant adverse impacts upon the productivity and
biologic integrity of coastal wetlands, shellfish beds, submerged aquatic
vegetation as defined by the Marine Fisheries Commission, and swnin and a
C®
APR 7 2021
MIP SECTION MHD

i
Recommendations for Major Mod: 12 To Sound, LLC; Don Britton; MP #3-19
April 5, 2021
Page 3
nursery areas; development shall comply with state and federal water and air
quality; development shall not cause irreversible damage to documented
archaeological or historic resources as identified by the N.C. Department of
Cultural resources; shall not increase siltation; shall not create stagnant water
bodies; shall be timed to avoid significant adverse impacts on life cycles of
estuarine and ocean resources; and shall not jeopardize the use of the waters
for navigation or for other public trust rights in public trust areas including
estuarine waters.
Consistent: The development as proposed meets the intent of this rule.
(b) Specific Use Standards
(7) (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall
approximate the location of normal high water or normal water level (NWL);
(B) Bulkheads shall be constructed landward of coastal wetlands in order to
avoid significant adverse impacts to the resources;
(C) Bulkhead backfill material shall be obtained from an upland source
approved by the Division of Coastal Management pursuant to this Section, or if
the bulkhead is a part of a permitted project involving excavation from a non -
upland source, the material so obtained may be contained behind the
bulkhead;
(D) Bulkheads shall be permitted below normal high water or normal water level
only when the following standards are met: (i) the property to be bulkheaded
has an identifiable erosion problem, whether it results from natural causes or
adjacent bulkheads, or it has unusual geographic or geologic features, e.g.
steep grade bank, which will cause the applicant unreasonable hardship under
the other provisions of this Rule; ii) the bulkhead alignment extends no further
below normal high water or normal water level than necessary to allow recovery
of the area eroded in the year prior to the date of application, to align with
adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the
unusual geographic or geologic features; (iii) the bulkhead alignment will not
adversely impact public trust rights or the property of adjacent riparian owners;
(iv) the need for a bulkhead below normal high water or normal water level is
documented by the Division of Coastal Management; and (v) the property to
be bulkheaded is in a non -oceanfront area.
(E) Where possible, sloping rip rap, gabions, or vegetation shall be used rather
than bulkheads.
r h' s ` I'::. 11) F r 1�.
APR 7 2021
Pam? SECTION MHD

Recommendations for Major Mod: 12 To Sound, LLC; Don Britton; MP #3-19
April 5, 2021
Page 4
Consistent: The site does appear to have an identifiable erosion problem.
A bulkhead exists on the property to the south, with the northern return wall
extending landward approximately 50'. Using aerial photography, the
escarpment near the southern bulkhead has ranged from 8' to 40' to 24' in a
timeframe from 2006 to 2020. The applicant also requests authorization to add a
6'-wide rock riprap structure directly waterward of the proposed bulkhead.
15A NCAC 07H .0209 COASTAL SHORELINES
(d) (A) through (9) Use Standards. Acceptable uses shall be those consistent with
the management objectives in Paragraph (c) of this Rule. These uses shall be
limited to those types of development activities that will not be detrimental to
the public trust rights and the biological and physical functions of the estuarine
and ocean system. Every effort shall be made by the permit applicant to avoid
or minimize adverse impacts of development to estuarine and coastal systems
through the planning and design of the development project. Development
shall comply with the following standards: all development projects, proposals,
and designs shall preserve natural barriers to erosion, including peat marshland,
resistant clay shorelines, and cypress -gum protective fringe areas adjacent to
vulnerable shorelines; shall limit the construction of impervious surfaces and
areas not allowing natural drainage to only so much as is necessary to service
the primary purpose or use for which the lot is to be developed; impervious
surfaces shall not exceed 30 percent of the AEC area of the lot, unless the
applicant can demonstrate, through innovative design, that the protection
provided by the design would be equal to or exceed the protection by the 30
percent limitation; redevelopment of areas exceeding the 30 percent
impervious surface limitation shall be permitted if impervious areas are not
increased and the applicant designs the project to comply with the rule to the
maximum extent feasible; development projects, proposals, and designs shall
comply with the mandatory standards of the North Carolina Sedimentation
Pollution Control Act of 1973; shall not have a significant adverse impact on
estuarine and ocean resources; shall not interfere with existing public rights of
access to, or use of, navigable waters or public resources; shall not cause
irreversible damage to valuable, historic architectural or archaeological
resources as documented by the local historic commission or the North Carolina
Department of Natural and Cultural Resources; and shall not encroach upon
public accessways nor shall it limit the use of the accessways. (10) Within the
Coastal Shorelines category (estuarine and public trust shoreline AECs),
APR 7 2021

i
Recommendations for Major Mod: 12 To Sound, LLC; Don Britton; MP #3-19
April 5, 2021
Page 5
new development shall be located a distance of 30 feet landward of the
normal water level or normal high water level. Exceptions are noted, and the
applicable exception for this project would be (A) water -dependent uses as
described in Rule O7H .O2O8(a) (1) of this Section.
Consistent: The proposed bulkhead, return wall, and riprap are water
dependent. The development as proposed meets the intent of this rule.
Based on my review of the applicable subsections of the North Carolina
Administrative Code, the permit application, and plans submitted by the
applicant, I recommend a Major Permit be issued based on their current
proposal, and subject to the standard permit conditions.
RECEIVED
APR 7 2021
Ml-P SECTION MHD

ROY COOPER
Governor
MICHAEL S. REGAN
seaelory
BRAXCON C. DAVIS
Director
March 10, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
Received: 3/25/2021
Historic Preservation Office
NC - NCH
3/31 /2021
Due: 4/5/2021
ER 18-3606
FROM:
Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier04-16.43)
g reoo. bodna rCdncderingov
SUBJECT:
CAMA/Dredge 6 Fill Application Review
Applicant:
12 to Sound, LLC; c/o Don Britton
Project Location:
39316 NC 12 Hwy; Avon in Dare County
Proposed Project:
Major Modification to #3-19; shoreline stabilization
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by March 31, 2021. If you have any questions
regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext 232) when appropriate, in-
depth comments with supporting data is requested.
I nls agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
_ This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY
SIGNATURE
DATE
Historic Preservation Office
4/6/2021
RECEIVED
APR 6 2021
AT��PVTP �ECT[101 � Fal9T)r
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Sutte300 I Elizabeth City,North Carolina 27909
257264.3901

ROY COOPER
Comnar
Iv11CHAEL S. REGAN
Sc elary
BRAXTON C. DAVIS
9lm_mr
March 10, 2021
MEMORANDUM:
NORTH CAROLINA
E71Nrontnenfal Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDECI - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
greQo bndnar(blncdenr.gov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: 12 to Sound, LLC; c/o Don Britton
Project Location: 39316 NC 12 Hwy; Avon in Dare County
Proposed Project: Major Modification to #3-19; shoreline stabilization
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by March 31, 2021. If you have any questions
regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
x This agency has no comment on the proposed project
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Lee Padrick
AGENCY NC Commerce
SIGNATURE _0
DATE 3-11-21
l �'q lt�n.»,FOt4p
RECEIVE®
MAR 1 1 2021
MP SECTION MHD
Ncnh Umfin Mpanmem orQyaLTV I p &Won of Coa:aal htanagmtnt
Eltzabah Cry Ufncc 1401 bush t;nfM 5MCL Sune3001 Uzabcth Cay, Nw.h Ca Im 2r909
2R.764MOI

ROYCOOPER
Governor
MICHAEL S. REGAN
seaetmy
BRAXTON C. DAVIS
Dlredar
March 10, 2021
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Ave'., Morehead City, NC28557
Fax: [phone] (Louder 0446-30
oreooaodnar@ncdenr:gov
SUBJECT: CAMA/Dredge & Fill Application • Review
Applicant: 12 to Sound, LLC; c/o Don Britton
Project Location: 39316 NC 12 Hwy; Avon In Dare County
Proposed Project: Major Modificationto 03-19; shoreline stabilization
Please indicate below your agency's position or viewpoint on the proposed project and.
return this tong to Gmaa Bodnar at the address above by March 91, 2021. If you have any questions
regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency hap, noobjection to the project as proposea.
./ "'Additional comments may be attached'"
]L 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
c1omme/n�ts./ n
PRINT NAMEh �I'i W nlFY�l d
AGENCY W.
r- Wa�h S-,grIJ SPr'iroh
SIGNATURE l t . / , RECEIVED
DATE o
MAR 1 5 2021
North Camhn4Dep4=eMofM"VnmentalQpaliry I DIVlslonof Coamai Management
ElkabetharyOffice 1 401 Smah.Griffln Street, Sulte3001 ElhabethClty.N..urth Carollna27909
257.264.3901

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
March 10, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Qualfty
FROM:
Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-1643)
gregg.bedrarta7o ncdenr.aov
SUBJECT:
CAMA/Dredge & Fill Application Review
Applicant:
12 to Sound, LLC; clo Don Britton
Project Location:
39316 NC 12 Hwy; Avon in Dare County
Proposed Project:
Major Modification to #3-19; shoreline stabilization
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to G►eao Bodnar at the address above by March 31, 2021. If you have any questions
regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext 232) when appropriate, in-
depth comments with supporting data is requested.
V This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME SNM%Q- -11:-)QMV( 0
AGENCY --n = L --
SIGNATURE
DATE Ij1 J2i
EMCEE VED
MAR 1 1 2021
MP SECTION M111)
North Cam;ina Department of [neironmental Quality ': ,Divis;on of Cozisstal Martayement
Etizaberh Cay04ice I 401 South Griffin Street. Suite 3001 Jizabeth City, North Czuolina 274)Oq
252.21ri.3401

ROY COOPER
Govemcr
MICHAEL S. REGAN
Seaclary
BRAX ON C. DAMS
Dira wr
C., zi- 03'i .DL-
March 10, 2021
MEMORANDUM:
NORTH CAROLINA
Environnenfal Qualify
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28657
Fax: [phone] (Courier04.1B-33)
Qregg.bcdnarQncdenr.goy
SUBJECT: CAMA/Dredge 6 Fill Application Review
Applicant: 12 to Sound, LLC; c/o Don Britton
Project Location: 39316 NC 12 Hwy; Avon In Dare County
Proposed Project: Major Modification to #3-19; shoreline stabilization
Please indicate below your agency's position or viewpoint on the proposed project and
return this torn to Greco Bodnar at the address above by Harch 31, 2021. If you have any questions
regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are Incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME M4--;Z 1. C>ttinn
AGENCY ' 1(q,11-c,
SIGNATURE
DATE
ter DID12 -�
RECEIVED
MAR 1 9 2021
MP SECTION MI -ID
NorthCv Hna Deparbnenl r1Envim=enta1 gaauty 1 Divisioncf Coastal Management
EbrabethOty Office 140ISotrh G1lffln5Urct,SURe300 I Elln"hgty.Ncrth Ca r=27909
252.2643901

ROY COOPER
Governor
14CHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
March 10, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 26557
Fax: [phone] (Courier 04-16-33)
areaQ.bodnaranncdencoov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: 12 to Sound, LLC; c/o Don Britton
Project Location: 39316 NC 12 Hwy; Avon in Dare County
Proposed Project: Major Modification to #3-19; shoreline stabilization
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by March 31, 2021. If you have any questions
regarding the proposed project, contact Sarah Loeffler (252-2643901, ext. 232) when appropriate, in-
depth comments with supporting data is requested.
This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Christa Sanderford
AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality
SIGNATURE CA4&', for Shannon Jenkins
DATE 3/22/2021
KE.�L: V 1=
MAR 2 3 2021
MP SEECTION MSC®
North Carolina Department of Firvlronmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
252.2643901

ROy`c'00PER
Ctiverubi
MICHAEL S. REGAN
Seiretnry . ...
BRAXTON C. DAMS.
urrctor
March 10, 2021
MEMORANDUM:
No)ATWCAROLINA
EYtWronme»tu(.Qucllty
FROM:
Gregg Bodnar, Assistant Major Permits -Coordinator
NCDEO -'Division of Coastal Management
400 Commerce Ave.; Morehead City, NC 285.57
Fax [phone](douder04.7"3)
dreg 1bodnae6n� 66mr.cov
SUBJECT:
CAMAIDredge & Fill Applicadon.ReNlew
Applicant:
12 to Sound,,LLC; cio Don. Britton
ProjectLocation;
30316 NC 12 Hwy; Avon in Date County
Proposed Project:
Major Modfication to.43-1%.shoreline stabilization
Please: indicate below your agency's position or, viewpoint on the proposed project and
return this form to Gre_an Bodnar at the address above by March 31, 2021. ifyou have.any questions
regarding the pioposed project, contact Sarah'Loeffler (252-26"01,.ext 232) when appropriate, in-
depth comments with supporting data.is requested.
"Additional comments may
This agency has no comment on the proposed project
This agency approves of the project only:if the recommended changes
are incorporated: Seeattached.
This agency objects to the project for reasons described in'tha attached
comments.
PRINT NAME G+tA=-ti-aF7y owra 1JS
AGENCY
SIGNATURE
DATE �-2.a.—zyx4
_E!Q
. PBW6Wd0
RECEIVE®
MAR 2 3 2021
MP SECTION MHD
North Caroftw DeparunentofFWronnftM1Qua14. 1 Q1vWonufComta04mage=nt
EQrabeth CEtyOfpce 1 401 South ariMnStreetSulte3Wl Ebabeth Clty,North CaroSna27909
2522"3901
I

ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
RECEIVED
MAR 2 3 2021
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management SECTION
MHD
FROM: Charlan Owenf lCP, NE District Planner
Division of Coa tal Management
SUBJECT: Major Permit Modification Request (CAMA Major Permit #3-19) by 12 to Sound,
LLC c/o Don Britton to install 135 linear feet of bulkhead with a 10 foot long return
wall and 135 linear feet of 6 foot wide rock riprap on the Pamlico Sound in lieu of
the previously approved rock breakwater/sill system; on property located at 39316
NC Highway 12, in the Avon community, in Dare County.
DATE: March 23, 2021
Consistency Determination: The request is consistent with/not in conflict with the Dare
County 2009 Land Use Plan certified by the CRC on February
24, 2011.
Overview: The 2.11 acre subject property has approximately 135 linear feet of shoreline along
the Pamlico Sound. The property contains approximately 1.04 acre of Section 404 Wetlands and
has an elevation of 2 feet above Normal Water Level (NWL). A portion of wetlands divides
highground to the east along the roadway from highground along the shoreline. 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 located within the AE (EL 4)
Floodzone.
The applicant was issued a CAMA Major Permit (#3-19) in January 2019 for a rock breakwater/sill
system and a 4 foot wide by 80 foot long pier with a 6 foot by 12 foot "L" terminus platform. In
November 2019 the Division of Water Resources assigned Project No. 19-1262 V1 for the filling
of .08 acre of wetland to construct an asphalt/gravel driveway outside the CAMA AECs that
provides access to highground on the west side of the property for a future residential structure.
At this time, no construction has taken place.
Installation of 135 linear feet of bulkhead with a 10 foot long return wall and 135 linear feet of 6
foot wide rock riprap on the Pamlico Sound in lieu of the previously approved rock breakwater/sill
system is proposed. The bulkhead will be installed at NWL. The return wall will be installed at
the north end of the property. Backfill will be placed behind the bulkhead and return wall. Material
for this project will be located on the asphalt parking area and transported to the shore using a
DEQ��Washington
North Carolina Department of Environmental Quality I Division of Coastal Management
Office 1943 Washington Square Mall I Washington. North Carolina 27889 1 252.946.6481
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051 910.796.7215
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1252.808.2808
Elizabeth City Office 1401 South Griffin Street. Suite 300 1 Elizabeth City, North CaroBna 27909 12522643901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM~
Page 2 of 4
backhoe. Wood mats will be used to cross wetland areas as needed and removed upon
completion of the bulkhead/riprap. The pier and platform will remain as originally permitted.
The waters of the•Pamlico Sound are classified as Joint Waters and as Class SA and HQW waters
in this area and are closed to shellfish taking. A Submerged Aquatic Vegetation (SAV) survey
was conducted in September of 2018 in association with the original permit request. At that time,
there was dense SAV found 65 feet from the shoreline. There was no SAV noted along the
shoreline project area. A review of historic and/or archaeological resources was not provided.
Anticipated Impacts resulting from this project are expected to include: the filling of 810 sq. ft. of
Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 2,970 sq. ft. of
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.
Public Access:
Policy PA#1, Page 142.
"Dare County supports the preservation and protection of the public's right to
access and use of the public trust areas and waters."
MAR 2 3 2021
f0P SECTION MHD

North Carolina Department of Environmental Quality
Division of Coastal Management
Land Use Compatibility:
Archaeological/Historic Resources
Policy LUC#15, Page 159.
"The Dare County Board of Commissioners supports the protection of
structures, lands, and artifacts that have been identified by the NC
Department of Cultural Resources, Division of Archives and History, as
archaeologically or historically significant. On a case -by -case basis individual
protection/management strategies should be implemented to ensure
archaeological and/or historical resources are not destroyed."
Natural Hazards:
Estuarine Systems
Policy NH#2, Page 180.
"Estuarine shoreline development should continue to be managed to protect
and preserve the natural resources of the estuarine waters and the estuarine
shoreline. The appropriate tools for this are the existing CAMA permit program
and the Areas of Environmental Concerns (AECs) designated under the
CAMA program..."
Implementation Strategy, Page 180
1. Rely on existing CAMA AEC regulations to address
development activities along the ocean beaches, estuarine
shoreline, and other public trust areas in unincorporated Dare
County..."
Policy NH#3, Page 180.
"Dare County supports the installation and maintenance of estuarine
bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are
appropriate alternatives for property owners for addressing estuarine
shoreline management in lieu of estuarine bulkheads where these other
techniques may be equally effective in abating a shoreline erosion problem."
MEMORANDUM
Page 3 of 4
RECEIVE®
MAR 2 3 2021
F-AP SECTION M.HD

North Carolina Department of Environmental Quality
Division of Coastal Management
Policy NH#5, Page 181.
"Dare County supports, as minimum standards, the administration and
enforcement of all applicable floodplain management regulations and the
National Flood Insurance Program..."
Water Quality:
Stormwater
Policy WQ#5, Page 190.
"Efforts to manage stormwater runoff should be based on local conditions and
natural features. Properties immediately adjacent to SA classified waters
should be developed consistent with the dimensional standards and lot
coverage limitations of the Dare County Zoning Ordinance. Vegetative buffers
and other low -impact development methods identified by the UNC Coastal
Studies Institute are appropriate tools to address stormwater runoff adjacent
to SA waters."
Fisheries Resources
Policy WQ#11, Page 193.
"Dare County recognizes the importance of our surrounding waters that serve
as habitats for the area's abundant fisheries resources. The continued
productivity of Dare County's fisheries shall be fostered through restoration
and protection of the unique ecosystems upon which they depend. Dare
County supports measures to protect and preserve designated primary
nursery areas by the Division of Marine Fisheries..."
MEMORANDUM
Page 4 of 4
RECERIE®
MAR 2 3 2021
MP SECTION MHD

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
March 10, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
gregg.bodnar(5)ncdenr.gov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: 12 to Sound, LLC; c/o Don Britton
Project Location: 39316 NC 12 Hwy; Avon In Dare County
Proposed Project: Major Modification to #3-19; shoreline stabilization
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greco Bodnar at the address above by March 31, 2021. If you have any questions
regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
_ This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. r' ,
PRINT NAME W aka.
AGENCY l I"Le9 A�rLz�y RECEIVED
� �� �
SIGNATURE OAOLI MAR 2 3 2021
DATE alchi ;) 3 o)D e11
MP SECTION M41 D
North Carolina Department of Environmental quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Sneer Suite 3001 Elizabeth City. North Cardin 27909
252.264.3901

i
ROY COOPER
Governor
MICHAEL S. REGAN
Se retory
BRAXTON C. DAVIS
Director
March 10, 2021
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
grew. bodna rCa) ncderingov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: 12 to Sound, LLC; c/o Don Britton
Project Location: 39316 NC 12 Hwy; Avon In Dare County
Proposed Project: Major Modification to #3-19; shoreline stabilization
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greasy Bodnar at the address above by March 31, 2021. If you have any questions
regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-
depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project
_ This agency approves of the project only if the recommended changes
are Incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME James Harrison
AGENCY NCDMF
SIGNATURE Qg CM iQcdb/L
DATE 29 March 2021
RECEIVED
MAR 3 0 2021
I)AP SECTION M9-11)
North Carolina Department ofrmlronmental quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite300 1 Elizabeth City, Norm Carolina 27909
252264.3901

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
JOHN G. BATHERSON
Acdng Director
MEMORANDUM:
TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator
FROM: James Harrison, NCDMF Fisheries Resource Specialist
SUBJECT: 12 to Sound, LLC, Dare County
DATE: 29 March 2021
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that may impact fish and fish
habitats. The proposed work is located at 39316 NC 12 Highway, Avon, Dare County, North
Carolina. The applicant is proposing to construct 135 linear feet (LF) of bulkhead at the
normal water line (NWL), with a 10 foot return wall at the northern end for a total of 145
LF. Additionally, the applicant is proposing to install 135 LF of rock riprap waterward of
the proposed bulkhead.
This area has a history of supporting submerged aquatic vegetation (SAV) habitat. Surveys
completed for this project did not find SAV growing within the immediate footprint, but did
find SAV patches approximately 65 feet offshore of the proposed work. SAV is a critical
habitat, providing nursery, forage, and refuge habitat for a variety of commercially and
recreationally important fish and shellfish species. Additionally, SAV is able to naturally
improve water quality and provide shoreline protection. Due to the location, DMF
understands that using a turbidity curtain during in -water work may not be feasible. DMF
would recommend that, to the fullest extent possible, work be completed while the tide is
out enough for the bottom to be exposed. This will aid in minimizing turbidity, which will
help to minimize of impacts to SAV nearby. Additionally, DMF would recommend that the
proposed work be shifted landward so that the toe of the proposed riprap is closer to NWL.
This would minimize the encroachment of the structure into shallow water habitat, as well
as minimizing the amount of shallow open -water habitat being converted to hardened
structure.
Thank you for consideration of our comments. Please contact Jimmy Harrison at (252)
948-3835 (office) or [phone] (mobile - preferred), or at RECEIVED
iames.harrisonOncdenr.gov with any further questions or concerns. RE
MAR 3 0 2021
NT SECTION MHD
State of North Cardin I Dmsion of Marine Fisheries
3441 Arendell Street I P.O. Box 7691 Morehead City, North Cardin 28557
252-726-7021

Bodnar, Gregg
From: Martin, Tina R
Sent: Tuesday, June 1, 2021 12:39 PM
To: Bodnar, Gregg; Loeffler, Sarah W
Cc: Pullinger, Robert C; Tankard, Robert
Subject: DWR# 2018-1617v2_ Comment Sheet_12 to Sound
No written Concurrence for 12 to Sound DWR# 2018-1617 v2
Tina Martin
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
North Carolina Department of Environmental Quality
943 Washington Square Mall
Washington, NC 27889
Office # [phone]
Cell # [phone]
tina.martin rCDncdenr.gov
Jr A
�M EQ7>
a1�w�lOrp \/
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

A r�r
August 18, 2021
Regulatory Division
Action ID No. SAW 2019-00067
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
AUG 2 3 2021
PAP SECTiION MI-0
Reference the application of Mr. Don Britton for Department of the construct a 135 linear
foot bulkhead with a 1 Oft return wall including 135 linear feet of rip rap waterward of the
bulkhead 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

RECEIVED W
AUG 2 3 2021
PAP SECTION rZ D
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 pennittee's discovery of the violation.
12. In order to protect the endangered West Indian manatee (Trichechus manatus) the
Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-
es/mammaUmanatee_guidelines.pdf.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
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
FEC�PJED
AUG 2 3 2021
RIP SECTION MHO

61 Forsyth Street, SW .
Atlanta, Georgia 30303
Kelly Spivey, District Manager
Washington Field Office
North Carolina Division of Coastal Management
RECO E®
AUG 2 3 2021
MP SECTION RPHD

Bodnar, Gregg
From: Adam Knierim <[e-mail]>
Sent: Tuesday, June 15, 2021 10:28 AM
To: Weychert, Curtis R
Cc: Bodnar, Gregg
Subject: [External] Re: Old Chimney
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Reoort Spam.
Thank you so much!
Adam Knierim, M.S.
President
Maritech, LLC
On Jun 15, 2021, at 9:45 AM, Weychert, Curtis R <[e-mail]> wrote:
Hey Adam, I wanted to let you know that the agencies are all on board with the work on Old Chimney as
long as you can use the turbidity curtain you mentioned no our previous emails.
Thanks and sorry for any delays.
Curt
Curtis Weychert
DCM Field Representative / Environmental Specialist II
North Carolina Division of Coastal Management
North Carolina Department of Environental Quality
252-240-9497
Curt. Wevchert(Mricdenr.aov
<image001.png>
400 Commerce Avenue
Morehead City, NC 28557
http://Dortal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: 12 To Sound, LLC; Don Britton; Major Modification: #3-19
2. LOCATION OF PROJECT SITE: 39316 NC 12 Hwy, Lot 1-2, Sec 3 of Atlantic
Estates, Avon, Dare County; adjacent the Pamlico Sound.
Latitude: 35022'14.78"N Longitude: 75030'1.89"W
3. INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 02/03/21; 02/08/21
Was Applicant Present — No; Yes -Agent
5. PROCESSING PROCEDURE: Application Received Complete — 02/25/21
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: EW/PTA, ES/PTS
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Septic system
Planned - N/A
(F) Type of Structures: Existing —Residence, garage/storage building, pkg.
Planned - Bulkhead and Riprap
(G) Estimated Annual Rate of Erosion: 2'
Source — Applicant
7. HABITAT DESCRIPTION:
OTHER
[AREA]
DREDGED FILLED
(A) Shallow bottom, (EW/PTA)
N/A
810 sf (riprap)
N/A
(B) Shoreline (ES/PTS)
N/A
270 sf (bulkhead)
N/A
(C) High Ground (PTS)
N/A
2,700 sf (backfill /
return wall)
N/A
(D) Total Area Disturbed: 3,780 sf (0.086 acres)
(E) Primary Nursery Area:
(F) Water Classification: SA; HWQ Open to Shellfishing
8. PROJECT SUMMARY: The applicant proposes the construction of a bulkhead and
one return wall along the shoreline, with rock riprap installed waterward of tha;CEIVED
proposed bulkhead.
MAR 10 2021
DCM-MHD CITY

Field Investigation Report
Page 2
Project Setting
The proposed development is located at 39316 NC 12 Hwy in the Atlantic Estates
subdivision of Avon, Dare County. This 2.11-acre parcel consists of Lots 1-2 of the Atlantic
Estates subdivision, and is adjacent the Pamlico Sound. The elevation of the tract is
approximately 2' above normal water level (NWL). The high ground section of this property
is developed with a building that has been used as a rental for single-family residency and
office space, a garage/storage building, and associated asphalt/concrete parking. There is
a dirt driveway (with some evident shell/pebble stones) that extends west from the upland
asphalt to a high ground area outside of the 75' Area of Environmental Concern (AEC). A
404 wetland delineation was conducted by Doug Dorman, of Atlantic Environmental
Consultants, LLC, and the delineation was confirmed through a Jurisdictional Determination
(JD) by Kyle Barnes on 08/08/2014; this JD expired on 08/08/2019. Approximately 45,427
sf (1.04 acres) of this parcel is recorded as 404 wetlands on the submitted work plan.
The northern adjacent riparian property is owned by the Cape Hatteras National Seashore.
The area joining these two properties consists of vegetation that includes, but is not limited
to Red Cedar (Juniperus virginiana), Live Oak (Quercus virginiana), Wax myrtle (Myrica
cefifera), Cattail (Typha), Black needlerush (Juncus roemerianus), Soft rush (Juncus
effusus), Saltmeadow cordgrass (Spartina patens), At approximately 333' east of the
soundside of the shoreline, there is a small opening (gut) that contributes to upland
flooding* of the applicant's property, as witnessed on 02/03/2021 during a W/NW wind
blowing 14 mph. The southern adjacent riparian property owner is developed with a private
residence, vinyl bulkheading and parking. The northern bulkhead and return wall extends
east approximately 50't. It is noted that there is an unvegetated, sandy area just north of
this bulkhead wall on the applicant's property that encompasses approximately 1,700t
square feet. As one traverses along the shoreline northward, there is an area
(approximately 1,400 sf) upland of NWL that consists of Saltmeadow cordgrass and
potential Soft rush, growing in sandy soil. As you continue east, the vegetation progresses
to Red cedar, indigenous grasses and non -coastal vegetation. The 404 wetland line on the
work plan notes that USACE vegetation begins 55' north of the bulkhead, and ranges from
20' to 35' from NWL. The application confirms that there has been approximately 2' of
shoreline erosion within the last 12 months. In comparison of measurements of the
property from 2018 and 2020 Dare County GIS aerials, it appears that the erosion is more
evident along the middle and northern areas of the applicant's shoreline, with approximately
4-6' of shoreline eroded.
12 To Sound, LLC was issued Major Permit (MP) #3-19 on 01/11/2019 for an offshore sill
and pier/platform. At this time, no construction has taken place. In association with the
MP, the USACE authorized the project by way of Programmatic General Permit 198000291
(SAW-2019-00067), and the DWR assigned project DWR Project No. 2018-1617. On
11/15/2019, the DWR assigned Project No. 19-1262 V1 in association for the filling of 0.08
acres of wetland to construct a driveway, outside of the CAMA AECs, to access a proposed
residence on high ground. The permitted asphalt/gravel driveway has not been completed
to date, and a section of the existing dirt driveway was washed out due to upland floodkWVED
MAR 10 2021
DCM-MHD CITY

Field Investigation Report
Page 3
The Pamlico Sound is classified as Joint Waters by agreement with the Marine Fisheries
Commission and Wildlife Resources Commission. The Sound in this area is classified as
SA and HWQ, and is open to shellfish taking. To the south of this area, Spencer Creek is
closed to shellfish taking. Mr. Dorman conducted an SAV survey on 09/05/2018 in
association with the original permit request. At that time, it was noted that there were dense
areas of Widgeon grass found in the adjacent waters starting at 65' from the existing
shoreline. There were no SAVs noted along the immediate shoreline where the bulkhead
and riprap are currently proposed.
Development Proposal
The applicant is proposing to construct 135 linear feet (If) of bulkheading at approximate
NWL, with a 10' return wall at the north end, for a total of 145 If. Included in this request is
the installation of 135 If of rock riprap waterward of the proposed bulkhead, with a maximum
width of 6', as well as associated backfill for the bulkhead wall. The original, proposed,
shoreline protection of a rock breakwater/sill would not be constructed. All material for this
construction would be placed on the asphalt parking area on the east side of the property
and transported to the shore using a backhoe. Wood mats would be used to cross the
wetland areas as needed, and removed upon completion of the bulkhead/riprap.
Anticipated Impacts
The installation of the rock riprap will result in the filling of 810± sf of shallow bottom habit in
the Estuarine Waters (EW) / Public Trust Areas (PTA) AECs.
The installation of the bulkhead will result in the filling of 270± sf of Estuarine Shoreline (ES)
/ Public Trust Shoreline (PTS) AECs.
The backfill associated with the bulkhead and return wall will result in 2700± sf of high
ground disturbance in the PTS AEC.
Submitted by: Yvonne Carver
Date: 03/08/2021
RECEIVED
MAR 10 2021
DCM-MHD CITY

PROJECT NARRATIVE
RECEIVED
FEB 0 0 2021
Don Britton - 12 To Sound, LLC
January 26, 2021 DCM-EC
Proiect Description:
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 145 linear feet of
bulkhead along the shoreline and rock rip -rap to be installed waterward of the
proposed bulkhead for additional shoreline stabilization. The pier and platform
will remain as originally permitted but the rock breakwater will not be constructed.
Construction Techniques:
The bulkhead pilings will be installed hydraulically and the rock rip -rap will be
installed 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 if needed. The mats
will be removed when construction is complete.
RECEIVED
MAR 10 2921
XMI-BAFiD CITY

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ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
January 26, 2021
Cape Hatteras National Seashore
c/o David Hallac
1401 National Park Drive
Manteo, NC 27954
Dear Mr. Hallac,
RECEIVED
JAN 2 7 2021
DCM-EC
The owners of the adjacent property are requesting a major modification to CAMA Major Permit
#3-19 for the construction of 135 linear feet of bulkhead with rock rap -rap to be installed
waterward of the proposed bulkhead. The pier and platform will remain as originally permitted
but the rock breakwater will not be constructed. 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 Kelly Spivey, District Manager, Washington Regional Office, 943 Washington
Square Mall, Washington, NC 27889, 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
[e-mail].
Sincerely,
Doug D 0 r
SIGNATURE
DATE DECEIVED
MAR 10 2021
Cell: [phone] Office: [phone] Email: [e-mail] .
G M-MHD CITY

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MAR 10 2021
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AUTHORIZATION TO ACT AS REPRESENTATIVE FORM
Property Legal Description:
DEED BOOK: 1959 PAGE NO: 0213
PARCEL ID: 013357000
PROPERTY STREET ADRESS: 39316 Nc 12 Hwy, Avon. NC 27915
Please Print:
Property Owner: Don Britton — 12 To Sound LLC.
Property Owner:
RECEIVED
)AN 2 l 2021
DMEC
The undersigned property owners of the above noted property, so hereby authorize
Doug Dorman of Atlantic Environmental Consultants LLC to,
(Contractor/Agent) (Name of consulting firm)
I . Act on my behalf and take all actions necessary for the processing, issuance and
acceptance of permits and/or certifications and any all standard and special
conditions attached.
2. Enter the property to obtain site information including inspections with regulatory
agencies (Dare County, North Carolina Department of Environmental Quality,
U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or
certifications.
Property Owners Address (if different than 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
Date: 1/26/21
Authorized Signature and Title
RECEIVED
MAR 10 2021
fC.M-�t� HD CITY

ROY COOPER
Governor
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
EMAIL MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Theresa Schneider
The Coastland Times
Manteo, NC 27954
legaI50thecoastlandtimes com
FROM: Ella Godfrey
DATE: March 9, 2021
SUBJECT: Public Notice: 12 to Sound, LLC
Please publish the attached Notice in the Sunday, March 14, 2021 issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. The State Office of Budget and Management
requires an original Affidavit of Publication prior to payment for newspaper advertising.
Please send me the affidavit, an original copy of the published notice, and an
original invoice.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office [phone].
Attachment
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City
Christy Simmons, PIO, DCM, Morehead City
Ellie Davis, Accounts Payable, DCM, Morehead City
File
RECEIVED
MAR 10 2021
North Carolina Department of Environmental Quality I DMslon of Coastal Management
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909
252264.3901
DCM-MHD CITY

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that application for a development permit in an AEC as designated
under the CAMA was received on 02/25/21. Don Britton, 12 to Sound, LLC plans to
construct a bulkhead and one return wall along the shoreline, with rock riprap installed
waterward of the proposed bulkhead.
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 04/03/21, 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, March 14, 2021
Tun aymuy
RECEIVED
MAR 10 2021
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909
252.264.3901
DCM-MHD CITY

ROY COOPER
Go�
DIONNE DEW -GAM
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
£nvkwunenW QuaLry
March 8, 2021
Mr. Doug A. Dorman
Atlantic Environmental Consultants, LLC
P.O. Box 3266
Kitty Hawk, NC 27949
Dear Mr. Dorman:
The NC Division of Coastal Management hereby acknowledges receipt of the
application submitted on behalf of Don Britton, 12 To Sound, LLC, for State
approval for development of their property located at 39316 NC 12 Hwy in
Avon, Dare County. It was received on February 25, 2021, and appears to
be adequate for processing at this time. The projected deadline for making
a decision is May 11, 2021. An additional 75-day review period is provided
by law when such time is necessary to complete the review. If you have not
been notified of a final action by the initial deadline stated above, you should
consider the review period extended. Under those circumstances, this letter
will serve as your notice of an extended review. However, an additional
letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from
February 25, 2021, 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 the
proposed development. You should post this notice at a conspicuous point
along the 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 the property, or at a point along the road
right-of-way where a private road would lead one into the property. Failure
to post this notice could result in an incomplete application. 'ZCEIVED
MAR 10 2021
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 19Q Washhgton Square Mal I Washington. North Carolna 27889 1 252.9 f"kh M H D CITY
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1 910.7%.7215
-- us,.-N•u.�.Our Morehead City Office 1 406 Commercr Avenue I Morehead City North Caro0na 285571-252.8082808 _-
ar
Elizabeth City Office 1401 South Griffin Street Suite 300 1 Elizabeth Cly, North Carolina 27909 1252.264.3901

Mr. Doug A. Dorman
Atlantic Environmental Consultants, LLC
March 5, 2021
Page 2
An onsite inspection will be made, and if additional information is required,
you will be contacted by the appropriate State or Federal agency. Please
contact Yvonne Carver, Field Representative, if you have any questions
and/or if you wish to receive a copy of her field report.
Sincerely, /
Kelly Spivey (/
District Manager, Washington Office
KS/yc
Enclosure
cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM,
Morehead City, NC
Yvonne Carver, Field Representative, DCM, Elizabeth City, NC
Don Britton, 12 To Sound, LLC, Applicant, 9505 Watts Road.,
Great Falls, VA
RECEIVED
MAR 10 2021
DCM-MH9-efTY--

• �
N
W
N U
i
c
W
W
cr
LAMA PERMIT
APPLIED FOR
Construction of bulkhead and one return wall along the
shoreline, with rock riprap installed waterward of the
proposed bulkhead.
COMMENTS ACCEPTED THROUGH
APPLICANT
Don Britton; 12 To Sound, LLC
9505 Watts Road
Great Falls, VA 22066
703-624-3340
April 7, 2021
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW,
Yvonne Carver, Division of Coastal
Management, 401 S. Griffin St., Suite
300, Elizabeth City, NC 27909; 252-
264-3901, ext. 237

1
0
,�
DAIi(!� REAL ESTATE
COUI , "��j/�''/" TRANSFER TAX
LT bLt,
Received
DCM-EC
6: 1959 P: 213 Doe Id: 6344163
05/28/2014 01,59 PM Re ipt N: 14-4931
Doe Cow: DEED NCEaoi se T4z Pd: 00
Va„zolla Moiajrran-9nite Register o! Deeds Dare Co. NC
8344163 B: 1959 P: 213 Peps 1 of 2 5/26/14 1:59 PM
Bill 11"I ISM.54VIN Fih'1N MAIVINA O k0i 3III
v SPACE ABOVE THIS LINE FOR RECORDING DATA
LAND TRAN R NUMBER: 1555-14 C.IG✓Gl
1% LAND T ER FEE: $4,000.00 AFTER RECORDING RETURN TO:
EXCISE TAX: $ .00 McDONNELL & Ac3EOCIAI S, PA.
PARCELNUMBE . 13357000 PO. FOX 122E5
REAL ESTATE TAXES PAID: 2013 COLUMBIA, SC 29211
KII-931-8793
6A
Prepared by
Return to:
E.Crouse Gray, Jr., A License
rth Carolina Attorney
Peter W.R. Martin
Delinquent Taxes, if any, are to
d by the closing
Advantage Title Company
attorney to the County Tax Corle
�pon disbursement
2037 Liberty Road
of closing proceeds.
Eldersburg, MD 21784
GRAY & LLOYD, L.L.P.
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
NORTH CAROLINA
DARE COUNTY
THIS DEED made this the 21st day 00 ay, 2014, by and between Brenda B. Sitz,
unmarried, of PO Box 911, Avon, NC 27915, Graf and 12 To Sound, LLC, of 9505 Watts Road,
Great Falls, VA 22060, Grantee: (((�
The designation Grantor and Grantee as used hAn shall include said parties, their heirs, and
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required
by context.
WITNESSETH:-�
0
THAT the Grantor, for a valuable consideration paid by tantee, the receipt of which is
hereby acknowledged has and by these presents does grant, barn, sell and convey, unto the
Grantee in fee simple, all that certain lot or parcel of land situated i(1�Kit1rlakeet Township...Daft•
County, North Carolina, and more particularly described as follows:
2021
0 IM1'
Gook 1969 Page 213-0001

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2p/4.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2014-01427 County: Dare U.S.G.S. Quad: NC-BUXTON OE E
Property Owner:
Address:
Telephone Number:
NOTIFICATION OF JURISDICTIONAL DETERMINATION
12 To Sound, LLC.
Don Britton
9505 Watts Road
Great Falls, VA. 22066
Received
DCM-EC
Size (acres)
2.11
Nearest Town
Avon
Nearest Waterway
Pamlico Sound
River Basin
Pamlico Sound. North Carolina.
USGS RUC
3020105
Coordinates
Latitude: 35.370893
Longitude:-75.49926
Location description:
The property
is located at 39316 NC12 Highway in the town of Avon in Dare County North
Carolina. The site has two existing buildings and 1.04 acres of wetlands.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 8/8/2014. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of is
notification. °CEIVEI8
Page 1 of 2
MAR 10 2021
,'—inM-MHD CITY

X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Kyle Barnes at 910-251-4584 or
Kyle.W.Barnesla usace armv mil
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coast Region Supplement and is Part of a broad continuum of
wetlands connected to the Pamlico Sound a TNW
D. Remarks: The site has two areas identified as jurisdictional The wetland area adjacent to the Pamlico Sound
contains an area of coastal marsh identified by CAMA
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 L Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attu: Jason Steele, Review Officer
60 Forsyth Street SW, Room I OM 15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 10/72014.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official fl�.v &�y-
Date: August S. 2014 Expiration Date: August 8, 2019
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://re ug latory.usacesurvey com/.
Copy furnished:
i4ECEIVED Received
Doug Dorman, Atlantic Environmental Consultants, LLC.
MAR 10 2021
: I0-MHD CITYCICM-EC

MAJOR PERMIT FEE MATRIX
Aaalicant: 12 To Sound, LLC; Don Britton
Development Type
Fee
DCM %
DWQ
P
(14300 1601 435100093 1625 6253)
1
(24300 1602 435100q2341)
I. Private, non-commercial
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
®
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit --
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A.
B, C, or D below applies:
III(A). Private, non -
El
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4175 (See
attached) can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4175 (See attached)
can be applied
III(C). If General Water
El
Quality Certification No.
$400
60% ($240)
40% ($160)
4175 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
a vatic life:
III(D). If General Water
Quality Certification No.
$400
600/o($240)
40% ($160)
4175 (see attached) cannot
be applied:
IV . For development that
involves the filling and/or
$475
600/6 ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
4ECEIVED
open water areas:
MAR 10 2021
DChh-MHD CITY

NC Division of Coastal Management
Cashier's Official Receipt
Received From:
ba r/`°1 4 I/a, n G L/1 ✓, (3d,14,
Permit No.: J11-,� �� '� 3 —1q
/ l
Applicant's Name:76 .S�u.td G,LC
Project Address: 3
c /2 A4(�jf" /furs"
12271 � C D
Date: 20711
$
�a
��'
Check No.: S 7 /
County:
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Feld Representative:
Date:
Date:
RECEIVED
MAR 10 2021
0CA -N-11•ID CITY

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAMS
Director
March 10, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier04-16-33)
gregg bodnar(a)ncdenr qov
SUBJECT CAMA/Dredge & Fill Application Review
Applicant: 12 to Sound, LLC; c/o Don Britton
Project Location: 39316 NC 12 Hwy; Avon in Dare County
Proposed Project: Major Modification to #3-19; shoreline stabilization
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregir Bodnar at the address above by March 31, 2021. If you have any questions
regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-
depth comments with supporting data is requested.
REPLY:
This agency has no objection to the project as proposed.
—Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments
PRINT NAME
AGENCY
SIGNATURE
DATE
RECEIVED
PE QMAR 10 2021
��✓ i)CM-MHD CITY
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
252.264.3901

DCM Coordinator: Greg Bodnar Distributed Yes® No ❑
Applicant: 12 to Sound. LLC c/o Don Britton Distribution Date: 3/10/2021
AGENCY
ECRO
Community Develo ment/LPO
Melissa Dickerson
DCM Planner
Charlan Owens Eliz city
US COE:
Josh Pelletier
Community Assistance
Lee Padrick (Beaufort Carteret. Goren, Euz City,
Pamlico, Washington)
Cultural Resources
Renee Gledhill -Earley
Div. of Water Infrastructure
(No longer public Water Supply)
Clif Whitfield
Marine Fisheries
James Harrison
NC DOT
David Harris
Shellfish Sanitation
Shannon Jenkins
Sharon Gupton
State Property
Tim Walton
Mike Moser
Wanda Hillard
DEMLR/DWR:
Sheri Montalvo
Samir Dumpor
Roger Thorpe
Chris Pullinger
Maria Dunn (WARO)
Rodney Butler
DEMLR
Sediment & Erosion-
Storm water-
DWR 401-
WRC
National Heritage Program
RECEIVED
MAR 10 2021
DCM-MHD CITY
C:\Users\emgodfrey\Documents\Major Permits\Brymar Properties of VA\Maj Comment Distribution Sheet -
Brymar Properties of Virginia, LLC.docc
Revis d : 6/29/2018

"'This is a word processing form to be completed in Microsoft Word"
NC Division of Coastal Management
Major Permit Application Computer Sheet
(11/012012)
Applicant 12 To Sound, LLQ Don Britton; Major Modification. #3-19 Date: 03A' WI
Project Site Counly Dare
Staff Yvorma Carver District: Elizabeth City Washington
❑Morehead City []Wilmington
Pr%ctName: Britron Latitude: 35°22'14.78W Longitude: 75°3o'l.89W
Date of k0al appwaym submgtor (EX.• 118/10077; 012721
Date application `received as Complete' in the Field office (EX.:1AV"7): 02/2&21
SITE DESCRIPTIONIPERMIT 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:
[]Yes ®No
SAV:El Yes ®No []Not Sure
----------------
ShW11Boltom: ❑Yes ®No Not Sure
Temporary Impacts: ®Yes No
Sandbags: Oyes ®No Not Sure
Did the land use classification come from
countyLUP. ®Yes ❑No
Mitigation Required (optional):
❑Yes ®No
Moratorium Conditions: Yes No
❑NA
Environmenta/Assessment Done:
El Yes ❑No ®NA
.N&GVNDARY WATER CLASSIRCATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FM) LJ Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
❑ High Quality Waters (HQw) I U Outstanding Resource Waters (ORW)
MC r LANUai IMPACTED
(404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
0 (SS) Glasswort ( Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium
U (SA) Salt marsh cordgross (Spartina
(s O salt reed grass (Sparfins
altemifiora)
cynosuroides)
❑ (DS) So# or spike grass (Distichlis
U (SC) Butinish or three square (Scirpus
(TY) Cattail (fypha sp.)
spicata)
SO
❑ (JR) Black needlerush (Juncos
❑ (SP) Sa/t/meadow grass (Spartina
roemenanus)
paw)
APPLICATION FEE
❑ No fee required - $0.00
❑ lll(A) Private w/D&F up to 1 acre; 3490
❑ M(D) Priv. public or Gomm w/D&F to 1
can be applied - $250
acre; 3490 cant be applied - $400
Minor Modification to a CAMA Major
0 Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
U Ill(B) Public or commercial w/D&F to 1
LJ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension reyuesf-
II. Public orcommemiaUnodredge
RECEIVED
$100
and/or fill - $400
Private no dredge and/or fill - $250
El Ill(C) Priv. public or Comm w /D&F to 1
r
acre; 3490 can be applied; DCM needs
MAR 10 2021
OWQ agreement - $400
!l \11V1""INII ILJ VI I I
252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement, t revised: Nov. 2012

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant. 12 To Sound, LLC
Date. 03/08/21
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 f
Dimension 2
Dimension 3
Dimension 4
One One
Bulkhead
1
New Work
Replace
145
0
0
(vinyl)
Maim ❑
[:IY❑ N
2
Riprap
1
New Nrork
Rep/aae
135
0
0
MaiM ❑
❑ Y ® N
5
New Work
liepfeoa
Maim ❑
[IY [IN
New Work
Replace
Maint ❑
❑ Y ❑ N
New Wads
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Woe*
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maim ❑
❑ Y ❑ N
New Wodc
Replace
Maim ❑
❑ Y ❑ N
New Work
Replace
Maim ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Wotk
Replace
Maim ❑
❑ Y ❑ N
NewWodc
Replaoe
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maim ❑
❑ Y ❑ N
New Work
Replace.
Maint ❑
❑ Y ❑ N
New Wodt
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
NewWark
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maim ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
M
R 10 2021
DCM-MHD CITY
Nw. To12

NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant 12 To Sound, LLC
Date: 03W&I
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. FL
(Applied for
Disturbance total
includes any
anticipated
restoration or
to
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
amount
TOTAL Feet
(Applied for
Disturbance
total includes
any anticipated
restoration or
lam im s
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Shallow bottom
Dredge ❑ Fill ® Both ❑ Other [3810
810
Shoreline
Dredge [I Fit ® Both ❑ Other ❑
270
270
High ground
Dredge ❑ Fis ® Both ❑ Other El
27W
2700
Dredge ❑ IN ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ FiA❑ Both ❑ Other ❑
Dredge ❑ FIN ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ FX ❑ Both ❑ Other ❑
Dredge ❑ Fr9 ❑ Bath ❑ Other ❑
Dredge ❑ Fit ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fil ❑ Both ❑ Other ❑
RECEIVED
MAR 10 2021
OCIA-MI-ID CITY
252.808.2848 :: 1-8884RCOAST :; www,nceoagtalmana9ement_net revised: Nov. 2012

DCM Coordinator: Greg Bodnar Distributed Yes® No ❑
Applicant: 12 to Sound. LLC c/o Don Britton Distribution Date: 3/10/2021
AGENCY
ECRO
Community Development/LPO
Donna Creef
DCM Planner
Charlan Owens Eliz City
US COE:
Josh Pelletier
Community Assistance
Lee Padrick (Beaufort, Carteret Craven, Eliz City,
Pamlico, Washington)
Cultural Resources
Renee Gledhill -Earley
Div. of Water Infrastructure
(No longer public Water Supply)
Clif Whitfield
Marine Fisheries
James Harrison
NC DOT
David Harris
Shellfish Sanitation
Shannon Jenkins
Sharon Gupton
State Property
Tim Walton
Mike Moser
Wanda Hillard
DEMLR/DWR:
Sheri Montalvo
DEMLR
Sediment & Erosion-
Storm water-
DWR 401-
Samir Dumpor
Roger Thorpe
Chris Pullinger
WRC
National Heritage Program
Maria Dunn (WARO)
Rodney Butler
RECEIVED
MAR 10 2021
DCM-iv HD CITY
C:\Users\ajcannon\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y3T93DNS\Maj Comment
Distribution Sheet -12 to Sound LLC.docx
Revised: 6/29/2018

TYPICAL BULKHEAD/RIPRAP
CROSS SECTION
N.T.S.
- l l V ri&9 A0 -(
N/F
U.S. GOVERMENT
r���-r�kl�ARI~6��� �•
10' RETURN WALL
LITTLE KINNAKEET LIFE SAVING STATION
,��,��,.,
oe TBLTS. P/ 40e
�
EIVED
5 2021
A -EC
a
DRIVEWAY
� t tl AVai, NC
VICINITY MAP (NTS)
/. 14a WEtuF1
I r `
R CO '" - y 1 •:.- _ ! y ^l.
r i F ENGINEERS B B 14 _'F. -.i • LOT 2 --`' s -e, _ _� ( E%ISTINO •./ 71,
1. * ____ 2.11 ACRES �91 917.50 SF) -` t i
Fn _ _ - J 45,427.22 F QETLANDS . c RES T•./
� wETLA� o LINE . 46,490.2& SF UPLANDS . � ;
•PRAPIL.N1�� • - _ _._.j._._.� TTFF / ► ` . EXISTING ASPNN.T
1 � 1 1 1 1 ' � I 'BUm ff AD X EPTV�M� . . 404 WETLANDS . t y. PARKING •AREA
r r r R1P�RAF ms
�[ I RAMP u- i `— L28.3' /F L , — _
i CJ1PE HATTERAS ELECTRIC L
------- �
hy ^.3' 1E" ISTINO WOOD BULKHEAD . .' MEMBERSHIP CORP. /
�r7NAF
HENRY k RAMONA SAUERS
LEGEND LOT 3 /
- PROPOSED ROCK RIP -RAP
-------- r;-r.�c:-a
-------------------r::;:`.: `.�`e
- PERMITTED ASPHALTk GRAVEL DRIVEWAY
/
�-__1
- — — — — — — — — — — — —
' r '
— — — — — — —
- EX. ASPHALT h GRAVEL DRIVEWAY
— — — — — — — —
---------
- 30' BUFFER LINE
— — — —
- 75' AEC LINE
/
-------
- EXISTING NORMAL WATER LEVEL LOT 4
X
- EX. WATER DEPTHS
CAMA MAJOR SITE PLAN " %IVVED
12 TO SOUND, LLC - DON BRITTON MAR 102021
PROPOSED BULKHEAD & RIPRAP 10CM—Mhar) CITY
AVON - DARE COUNTY - NORTH CAROLINA
30' 0' 60' 130' 180'
GRAPHIC SCALE 1"=60'
DATE: 1/25/21 REVISED:
ATLANT/C ENV/�ONAfENTAL CONSULTANTS, LLC
P.O. BOX 9266, K/TTY HAWK, N.C. 2790
[phone], . a -moil d0ugda6C®gm0i1 C0m
FILE: BRITTON 2021 DRAWN BY: DAD

Deceived
G DMEC
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. Meeldns, 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.
P�1 e property hereinabove described was acquired by Grantor by Deed recorded in Book 910,
Page 517j)are County Public Registry.
0
TO AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenaacNVE
ereto belonging to the Grantee in fee simple.
And the ?rtor covenants with the Grantee, that Grantor is seized of the premises in fee
simple, has the o 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 takerNO2014 ad valorem taxes.
2. Exception is taken t1w
easements and restrictions of record.
IN WITNESS WHEREOe Grantor, has hereunto set her hand and seal, the day and year
first above written.
� 41kg A,�. _ (SEAL)
Brenda B. Sitz
O
STATE OF NORTH CAROLINA �l
COUNTY OF j)AZC
I, S,-wtj!< HAek)clop allo is of the State aforesaid, certify that Brenda
Lary
B. Sitz, personally appeared before me this day and cknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal this the day of ftl6L 2014.
OFFlCIAL SEAL C,ap Q%i.�,tJtk�
Nobly Coale. ofNf Dare r Not Pu 1 i
�+N
(SEAL)IO JOANN E. HARWOOD My Commi 0 Expires: �u,
Registration 7CEIV ED
6344163 9: 1959 P: 213 Page 2 of 2 5/2&/14 1.59 PM VAR 10 2021
mill OF11tV17IwL'I+Itb'11111W M1tiNIkIffigAIWIV11111
T, IIII ,,_,,AHD CITY
0 Book 1959 Page 213-0002