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4-19EX 85 and Sunny LLC
Permit Class Permit Number NEW 4-19 Express,Permit STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission �errrYit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to 851 and Sunnv. LLC, 9919 Stenhen Decatur Hiehway. Ocean Citv. MD 21842 Authorizing development in Currituck County at Cuff ituck Sound, 1555, 1566 & 1631 Waterlily Rd. & parcel id# 007900000020000, Coinjock, as requested in the permittee's application did 11/19/18 (MP-1 & MP-2)& 12/19/18 (MP-4), including the attached workplan drawings (8), 1-4 & 6-8 of 8 dated 10/12/18 and 5 of 8 dated 12/19/18 This permit, issued on . Jannnr ry 14, 2019 is subject to compliance with the application (where consistent with the permit), all applicable. regulations, special conditions and notes set forth below. Any violation of these terms may oe subject to Tines, imprisonment or civil action; or may cause me permit to be null ana voict. Dockint= Facility 1) Unless specifically altered herein, this permit authorizes the replacement in the same footprint including the landward extensions of the docks, piers; boathouse and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over. public trust waters without permit modification: . 2) The boathouse $hall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 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 Chairman of the Coastal Resources Commission. /e;76,r Braxton C. Davis; Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee 850 and Sunny, LLC Permit # 4-19 A Page 2 of 5 ADDITIONAL CONDITIONS 3) The authorized boathouse shall be single story, and shall not be designed to allow for second story use. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage -discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity' without having it transferred to a third party. 7) This permit doesmot authorize the interference with any existing or proposed Federal project; and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 9) This permit authorizes a maximum of I. formalized boat slip, associated with the authorized boathouse. Breakwater 10) The approved alignment of offshore breakwater shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 11) Unless specifically altered herein, the authorized breakwater shall adhere to the alignment depicted on the attached workplan drawings, including location and design to allow for the movement of aquatic organisms. 12) The sill shall be constructed with gaps between sheathing boards or gaps cut into vinyl sheeting totaling at least one inch of open area every linear foot of breakwater structure. 13) The breakwater shall be marked at*50-foot intervals with yellow reflectors extending at least three feet above normal water level. 14) No portion of the breakwater shall extend more than 1 foot above the normal water level. 85' and Sunny,.LLC Permit #4-19 Page 3 of 5 ADDITIONAL CONDITIONS Channel Jetties 1.5). The dimensions of the permitted jetties shall not exceed those shown on the attached workplan drawings. 16) The permitted jetties shall be constructed of treated wood, plastic lumber, metal sheet piles or other suitable materials approved by Division of Coastal Management personnel. 17) The jetties shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above normal water level. 18) No.portion of the jetties shall extend more than 1.5 foot above the normal water level. 19) The existing jetties shall be removed in their entirety immediately following completion of construction of the two authorized jetties. _ Bulkhead 20) The bulkhead shall be constructed no more than 2 feet waterward of the existing dilapidated -bulkhead. 21) The bulkhead shall be constructed prior to any backfilling activities. 22) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 23) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials. through the structure. 24) All backfill material shall be clean and free of any pollutants except in trace quantities. 25) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. . Excavation 26) No excavation shall take place outside the area indicated on the attached workplan drawings. 27) Excavation shall not exceed -2.5 feet below the normal water.level. In no case shall the depth of excavation exceed the depth of the connecting waters. 28) In order to protect juvenile. finfish resources, no excavation shall be permitted between April 1 and September 30 of any year without prior approval of the Division of Coastal Management, in consultation with the NC Division of Marine Fisheries. 29) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized.. 851 and Sunny, LLC ADDITIONAL CONDITIONS Spoil Disposal Permit #4-19 Page 4 of 5 30) All excavated materials shall be confined above normal water level and.landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 31) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the initiation of any dredge activities. Boat Ramp 32) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 33) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than specified in the attached permit application and workplan drawings. Sedimentation and Erosion Control 34) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sedimetits in adjacent waters. 35) A ground cover sufficient. to restrain erosion shall be provided within 30 calendar. days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Maintenance Clause 36) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: A. The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross -hatching indicating the area to be. maintained and the'area to be used for dredge spoil, and the estimated amount of material to be removed. D. The date of plan revision and the permittee's signature shown anew on the original plan. 85 and Sunny, LLC Permit 44-19 Page. 5 of 5 ADDITIONAL CONDITIONS General 37) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. .38) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. 39) No open water areas shall be excavated.or filled, even temporarily, outside of the areas indicated on the attached workplan drawings. 40) 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. 41) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. . NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 1989-0122 v2 dated 12/7/18. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2018702266, which was issued on 12/18/18. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: 85 and Sunny, LLC c/o James Baeurle County: Currituck LOCATION OF PROJECT: 1555, 1566 & 1631 Waterlily Road, parcel 1D# of 007900000020000, Coinjock, DATE APPLICATION RECEIVED COMPLETE BY FIELD: November 19, 2018 FIELD RECOMMENDATION: Attached: N/A To Be Forwarded: N/A CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: N/A FIELD REPRESENTATIVE: Jonathan Howell DISTRICT OFFICE: Washington B) DATE RECEIVED BY MAJOR PERMITS UNIT: 11/l/18 FEE REC'D: $ 2000 PUBLIC NOTICE RECD: 11/24/2018 END OF NOTICE DATE: 12/14/2018 ADJ. RIP. PROP NOTICES REC'D: 11/19/18 DEED REC'D: 11/19/18 APPLICATION ASSIGNED TO: ON: C) 30 DAY DEADLINE: 12/19/18 MAIL OUT DATE: 11/26/18 STATE DUE DATE: 12/10/2018 FEDERAL DUE DATE: 12/10/18 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management - District Manager / - 8- Coastal Management - LUP Consistency ✓ fA-to. g Division of Community Assistance 1 -3_ 1$ Land Quality Section 11 �� 16 ✓ Division of Water Quality 1 g • -1 B ✓ 1989-otRs. ✓.2 Storm Water Management (DWQ) // yQ•/$ ✓ State Property Office 1 •13-1$ Division of Archives & History Division of Environmental Health 1A. S- 1$ Division of Highways Wildlife Resources Commission /t 6 1/ Local Permit Office ✓ 14 Division of Marine Fisheries 11-AB-t8 ✓ Mor•aivr:.w� y-/ 9-30 Corps of Engineers IR 10 1 a Qv.blic- Lkav-per- SWP`- tt-�1-IB ,2o16-osa66 RECEIVED JAN 2 5 2019 DCM-MHD CITY RECEIVED NOV 2 8 Z01B ROY COOPER Governor MICHAEL S. REGAN DCiM-W ARO Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Enyhwunnod Quany TO: Shane Staples Division of Marine Fisheries 943 Washington. Regional Office FROM: Jonathan Howell Express Permits Coordinator Coastal Management Division 943 Washington. Square Mall Washington NC 27889 DATE: 26 November 2018 SUBJECT: Express CAMA Application Review APPLICANT: 85° and Sunny, LLC C/O James Beaurle RECEIVED NOV 2 7 2018 DCM-Fisheries WARO Respond to Jonathan Howell Washington Office PROJECT LOCATION: 1555, 1566 and 1631 Waterlily Road, parcel # 007900000020000, in Coinjock, adjacent the Currituck Sound, Currituck County, North Carolina PROPOSED PROJECT: The applicant proposes Replace (9) piers. Extend (3) piers. Replace breakwater, bulkhead, jetties and a boathouse. Maintenance Excavate a 229' x 15'and 18' x 9' Boat Basin channel in Currituck Sound. Please indicate.below your position or viewpoint on the proposed project and return this form by 10 December 20.18. Please contact Jonathan Howell at 252-948-3851, if you have any questions regarding the proposed project When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. Th's office has no comment on the proposed project. This office approves of the proposed project only if the recommen ed changes are incorporated. See attached. 4,0,, (J -Sip { JD /,'g„� This office objects to the proposed project for reasons described in the attached comments. Signed'G "'2 Date /d6;7 RECENED D�,, J AN 2 5 2919 North Carolina Department of Environmental Quarry I Division of Coastal Management ,11 MHp CITY WashhWm Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 7C,V 1- WWnhglon Office 1 127 Canimal Drive Extension I Wilmington. North Carolina 28405 1910.796.7215 .N ROY COOPER Governer MICHAEL S- $EGAN X STEPH- EN WN MUPPHEY Dlre for MEMORANDUM TO: Jonathan Howell, Express Permits Coordinator FROM: Shane Staples, Fisheries Resource Specialist SUBJECT: 85 and Sunny LLC c/o James Baeurle DATE: 11/28/18 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant has Proposed to make repairs and redevelopment of a property currently used as a campsite/recreation area in Coinjock, NC adjacent to the Currituck Sounds. The property use is to remain as a campsite/recreation area. The project included replacing 9 piers with platforms, 3 boat ramps, 2 jetties, 121ft of breakwater; 1,913ft of bulkhead an 18ft x 9fi boathouse, and maintenance excavation of a 229ft x 15ft channel. All of this replacement of existing structures in the existing footprint with the exception of the bulkhead which may be up to 2ft waterward of the existing bulkhead Vie. The Division of Marine Fisheries has no objection to the project as planned but would recommend the excavation of the 229ft x 15ft channel have a moratorium on the dredging from April I to September 30. The area surrounding the current channel is habitat for submerged aquatic vegetation(SAV) and the survey conducted by the Quible on September 7, 2018 showed dense beds of wild celery and widgeon grass. SAV has been shown to be a critical fish especially valuable to larval and juvenile fishes habitat for all life stages of fish and crustaceans but it is as refuge and feeding area. Adherence to the recommended moratorium will reduce the potential for negative impacts of excessive turbidity and sedimentation to larval and juvenile fishes as well as the SAV itself during the warmer months when the area is most biologically active. The channel itself has no SAV as the jetty meant to protect the channel has allowed it collect a great deal of muck and organic material. The depths at the end of the channel are - 2.5' @ NLW. Contact Shane Staples at (252) 948-3950 or shane.staples(a�n_ cdennr Qov wfurther questions or concerns. State of North Caro&u I MvLwn of Marine Fisheries 3"AreMdlStreet I PO-OQX769I Morehead Ctty,NorthCr01M2aW M-726-7021 RECENED JAN 2 5 2019 t)CM_MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA EnWra/unental Qudltty TO: Charlan Owens District Planner Division of Coastal Management FROM: Jonathan Howell Express Permits Coordinator Coastal Management Division 943 Washington Square Mall Washington NC 27889 DATE: 26 November 2018 SUBJECT: Express CAMA Application Review Respond to Jonathan Howell Washington Office RECEIVED DEC 1'7 2m APPLICANT: 85a and Sunny, LLC DCM-WARO C/O James Beaurle PROJECT LOCATION: 1555, 1566 and 1631 Waterlily Road, parcel # 007900000020000, in Coinjock, adjacent the Currituck Sound, Currituck County, North Carolina PROPOSED PROJECT: The applicant proposes Replace (9) piers. Extend (3) piers. Replace breakwater, bulkhead, jetties and a boathouse. Maintenance Excavate a 229' x 15'and 18' x 9' Boat Basin channel in Currituck Sound. Please indicate below your position or viewpoint on the proposed projectand return this form by 10 December 2018. Please contact Jonathan Howell at 252-948-3851, if you have any questions regarding the proposed project When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended chap es are incorporated. See attached. is office 'ects to the proposed project for reasons described in the S a d com nts. E]b Si Date k-to-uto RECEIVED JAN 2 5 2019 tea'—VC�Q� DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington square Mall I Washington, North Carolina 27889 1 252.946.6481 WJmington Office 1 127 CaM;nal Drive Extension I WWningtorl North Carolina 28405 1 %0.796.725 Mnr.F•aA!'h.r nin..e enn r.........._.._...__.._ I u_—__ — ...... .. .................... ROY COOPER Gove or NUCHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Jonathan Howell, Express Permits Processing Coordinator Division of Co2CIFP, anagement FROM: Charlan Owen NE District Planner Division of Coastal Management RECEIVED JAN 2 5 2019 DCM-MHD CITY SUBJECT: Express Permit Request by 85 Degrees and Sunny, LLC, to repair/replace all existing water dependent/shoreline structures; install a 4 foot wide by 50 foot long pier extension, a 4 foot wide by 25 foot long pier extension, a 3 foot wide by 6 foot long pier extension, and a 2 foot wide by 5 foot long pier extension, and; maintenance excavate a 15 foot wide by 229 foot long access channel to a depth of -2.5 feet below Normal Water Level; on a manmade channel and the Currituck Sound at 1555, 1566, and 1631 Waterlily Road and Parcel ID #007900000020000, at the northern terminus of Waterlily Road, in Currituck County. DATE: December 10, 2018 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through June 24, 2009. Overview: The 470.86 acre project site consists of four (4) parcels with a combined shoreline of approximately 24,470 linear feet along the Currituck Sound to the west, north and east, a 1,480 foot long man-made canal to the west, and a 15 foot wide by 229 foot long manmade channel to the east. Water depths along the shoreline range from -1 to -4 feet below Normal Water Level. The 15 foot wide by 229 foot long manmade channel is -1.5 feet deep. Submerged Aquatic Vegetation (SAV) are in the sound, east of the property. The property contains uplands, Section 404 Wetlands and Coastal Wetlands. The upland highground is vegetated with yard grass and native trees. Elevations on the property range from 0 to 14 feet above NWL. The property is located primarily in the AE floodzone, with highground areas located primarily outside of a floodzone. According to the applicant, the site has been a campground since the 1950's. Existing site improvements consist of recreational vehicle (RV) and camper sites, a campground store, three (3) single family structures, a bathhouse, a metal event building, gravel, asphalt and soil roadways, and associated septic improvements. Existing shoreline improvements consist of approximately 1,913 linear feet of bulkhead, 121 linear feet of breakwater, 397 Iineariegt�o�fgetty walls, a small area of riprap, a 9 foot wide by 18 foot long boathouse at the ct tt22 ttoGWED D_EQ� DEC 17 2018 North Carolina Department of Environmental DCM-WARO Pa Quality 1 Division of Coastal Management Elizabeth City Office 401 South Griffin Street, Suite 300 Elizabeth Ctry, North Carolina 27909 252.264.3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 5 eight (8) piers, and three (3) boat ramps. The eight piers include: a 4 foot wide by 72 foot long pier with a 12 foot by 10 foot terminus platform; a 6 foot wide by 150 foot long pier with a 20 foot by 20 foot terminus platform; a 4 foot wide by 32 foot long staging pier; a 4 foot wide by 72 foot long pier with a 24 foot by 12 foot terminus platform; a 4 foot wide by 224 foot long pier with a 16 foot by 16 foot terminus platform; a 4 foot wide by 76 foot long pier; a 3 foot wide by 32 foot long pier with a 10 foot wide by 23 foot long platform, and; a 2 foot wide by 20 foot long staging pier. The three (3) boat ramps include: a 15 foot wide by 40 foot long boat ramp; an 18 foot wide by 52 foot long boat ramp, and; a 9 foot wide by 24 foot long boat ramp. As indicated by the applicant, many of the piers and platforms have been damaged or destroyed in storms and all existing water dependent structures need repairs and/or replacement. Repair/replacement of all existing water dependent/shoreline structures; installation of a 4 foot wide by 50 foot long pier extension, a 4 foot wide by 25 foot long pier extension, a 3 foot wide by 6 foot long pier extension, and a 2 foot wide by 5 foot long pier extension, and; maintenance excavation of the 15 foot wide by 229 foot long access channel to a depth of -2.5 feet below NWL are proposed. New bulkhead will be constructed 2 feet waterward of the existing bulkhead. Remaining repair/replacement will take place in the same alignment as existing development. Pier extensions will connect the replaced piers to uplands. The 50 foot long pier extension will connect to the 4 foot wide by 72 foot long pier with the 24 foot by 12 foot terminus platform, the 25 foot long pier extension will connect to the 76 foot long pier, the 6 foot long pier extension will connect to the 3 foot wide by 32 foot long pier with the 10 foot wide by 23 foot long platform, and the 5 foot long pier extension will connect to the 20 foot long staging pier. The depth of the access channel will match existing water depths at the waterward end of the excavation. Boat ramps will be poured on highground and pushed into place once hardened. Channel excavation will be accomplished from a barge with a long reach excavator and spoil will be placed in a sealed dump truck and taken to a 60 foot by 80 foot on -site upland disposal area located approximately 500 feet from the shoreline. The spoil will be surrounded by silt fence. The waters of the Currituck Sound in this area are classified SC NSW and Joint Waters and are closed to shellfish taking. Submerged Aquatic Vegetation (SAV) beds were observed growing on the east side of the project area. A review of historic and/or archaeological sites was not provided. Anticipated Impacts resulting from this project are expected to include: the dredging of 3,597 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the filling of 5,220 sq. ft. of Public Trust Area/Estuarine Waters AEC, 876 sq. ft. of Estuarine Shoreline AEC, and 4,800 sq. ft. of Highground outside of an AEC; the shading of 4,544 sq. ft. of Public Trust Area/Estuarine Wates AEC, and; the disturbance of .57 acre of Estuarine Shoreline AEC. No SAV or Coastal Wetlands will be excavated or filled. RECEIVED JAN 2 5 2019 DCM-MHD CITY RECEIVED DEC 17 2018 DCM-WARO North Carolina Department of Environmental Quality Division of Coastal Management Basis for Determination: MEMORANDUM Page 3 of 5 The subject properties are designated as "Limited Service" to the east and "Conservation" to the west on the Currituck County Future Land Use Map (FLUM); with Areas of Environmental Concern (AECs) also designated as "Conservation Areas" as indicated on Page 11-1. Section 404 wetlands are also included in the Conservation designation. The site is also located within the "Aydlett-Waterlily-Churches Island" sub area. As indicate on Page 11-1, "(t)he purpose of the Conservation class is to provide for the long-term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The Conservation class should be applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features." Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". The following LUP policies may be applicable to this request: Public Access: Policy PA1, Page 9-3. "Public access to the sound and ocean waters of Currituck County is essential to the quality of life of residents and visitors, as well as the economy of the area. The County supports the establishment of ADDITIONAL PUBLIC AND PRIVATE ACCESS opportunities to the waters of Currituck County." Policy PA2, Page 9-3. 'The County supports MANY FORMS OF "ACCESS' to the water, including scenic outlooks and boardwalks, boat ramps, marinas and docks, fishing piers, canoe and kayak launches, and other means of access. Whenever possible, such facilities shall be designed to accommodate the needs of handicapped individuals." RECEIVED JAN 2 5 2019 RECEIVED DEC 17 2018 DCM-MHD CITY DCM-WARD North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 5 Land Us Compatibility: Policy ES4, Page 9-6. "In approving new developments, Currituck County shall support the retention or creation of a vegetated buffer area along ESTUARINE SHORELINES as a simple, effective and low-cost means of preventing pollutants from entering estuarine waters. Exceptions to this requirement may include developments involving pre-existing man-made features such as hardened shorelines, ditches, and canals.... The County also supports CAMA use standards for all COASTAL SHORELINES, whether estuarine or otherwise." Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependent (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." Policy ES6, Page 9-6. "The location and design of piers and docks shall not unduly interfere with the rights of the public to the free and unobstructed use of PUBLIC TRUST WATERS for navigation, fishing, and other uses. Efforts to limit the length of piers into public trust waters shall be supported." Natural Hazard Areas: Policy NH1, Page 9-16. "The County recognizes the risks to life and property that exist within SPECIAL FLOOD HAZARD AREAS (i.e. areas having a 1 % chance of flooding in any year) that may be inundated during major storm events. The County will continue taking measures to mitigate these risks and will avoid taking any action in these areas that materially increases risks to life and property." Policy NH2, Page 9-16. "The County shall require development and redevelopment within SPECIAL FLOOD HAZARD AREAS to meet the standards of the National Flood Insurance Program and the County's Flood Damage Prevention Ordinance..." RECEIVE® DEC 1'7 2018 ®CM -WARD North Carolina Department of Environmental Quality Division of Coastal Management Policy NH8, Pages 9-16 and 9-17. "Currituck County encourages owners of PROPERTIES ALONG ESTUARINE SHORELINES to employ the least hardened approach to shoreline stabilization (i.e. marsh grass favored over riprap favored over bulkheading, etc.), provided that reasonable access is available to install the technology available." Water Quality: Policy WQ3, Page 9-17. "Currituck County supports policies, plans and actions that help protect the water quality of the county's estuarine system by preventing SOIL EROSION AND SEDIMENTATION, and by controlling the quantity and quality of STORMWATER RUNOFF entering the estuary." Local Countywide Concerns: Policy HP4, Page 9-20. "The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC AND ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged." RECEIVED JAN 2 5 2019 DCM-MHD CITY MEMORANDUM Page 5 of 5 RECEIVED DEC 17 2018 DCM-WARO 1 THE ATTACHED 'AMA MAJOR APPLICATION I-, BEIN(] PROCESSED IN THE EXPRESS P RlV�IT REVIEW P�� C�iiI. PLEASE ETL R T JONATHA9N HOWELL IN THE iia,01166"flINGTON REGIONAL OFFICE. Secretary BRAXTON C. DAVIS Director MEMORANDUM TO: Samir Dumpor Division of Land Quality 943 Washington Regional Office FROM: Jonathan Howell Express Permits Coordinator Coastal Management Division 943 Washington Square Mall Washington NC 27889 DATE: 26 November 2018 SUBJECT: Express CAMA Application Review Respond to Jonathan Howell Washington Office RECEDED NOV 2 7 2o18 APPLICANT: 85a and Sunny, LLC DC'M-WARO C/O James Beaurle PROJECT LOCATION: 1555, 1566 and 1631 Waterlily Road, parcel # 007900000020000, in Coinjock, adjacent the Currituck Sound, Currituck County, North Carolina PROPOSED PROJECT: The applicant proposes Replace (9) piers. Extend (3) piers. Replace breakwater, bulkhead, jetties and a boathouse. Maintenance Excavate a 229' x 15'and 18' x 9' Boat Basin channel in Currituck Sound. Please indicate below your position or viewpoint on the proposed project and return this form by 10 December 2018. Please contact Jonathan Howell at 252-948-3851, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. IF 1-AuD Dtstvaagvc� is y( F�� "t+YArA1 '� lkc(m- , -4� / restsn Lt S :mcan �;a q Cett�t,>I P (a+t 0,?A +� l is Y REPLY " This office has no objection to the project as proposed. This office has no comment on the proposed project This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date N► 27 /?, RECEIVED s,�+�urZ Sul-ta>� JAN 2 5 2019 DCM-MHD CITY North Carolina Department of Environmental Quality I DN[sion of Coastal Management Washington office 1 943 Washington Square Mail I Washington, North Carolina 27869 1252.946.6481 WffminM nil — I199 ne.die.IrM.•. cvrond.... I unl..dn.w.... I mnwcemc Howell, Jonathan From: Thorpe, Roger Sent: Friday, November 30, 2018 10:56 AM To: Howell, Jonathan Subject: CAMA Major permit application - 85 and Sunny, LLC, Currituck County Jonathan The subject project appears to not involve the construction of any new impervious area. Therefore a State stormwater permit will not be required at this time. If new impervious areas are constructed in the future, a stormwater permit will be required at that time. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 'Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RFcElvED Nov 3 0 2018 Dcl4-WARD RECEIVED !=N252019 DCM-MHD CITY Howell, Jonathan From: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Sent: Tuesday, December 18, 2018 3:05 PM To: Howell, Jonathan Subject: (External] Hampton Lodge Campground (UNCLASSIFIED) Attachments: Hampton Lodge Campground CL 31.docx CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> CLASSIFICATION: UNCLASSIFIED Jonathan, Hampton Lodge Campground PGP 291 is authorized under saw-2018-02266 with the associated ATTACHED conditions. Please let me know if you have any questions. Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Email: josh.r.pelletier@usace.army.mil RECEIVED DEC 18 2018 DCM-WARD We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and, complete the survey. CLASSIFICATION: UNCLASSIFIED RECEIVED '� 'Y 5 2019 D! sin—NIHD CITY ROY COOPER Governor MICHAEL S. REGAN secretory BRAXTON C. DAVIS Director TO: NORTH CAROLINA Envhvnmentof Qualify MEMORANDUM Maria Dunn NC Wildlife Resources Commission 943 Washington Regional Office FROM: Jonathan Howell Express Permits Coordinator Coastal Management Division 943 Washington Square Mall Washington NC 27889 DATE: 26 November 2018 SUBJECT: Express CAMA Application Review Respond to Jonathan Howell Washington Office RECEIVED NOV 2 8 2M APPLICANT: 85° and Sunny, LLC C/O James Beaurle DCM-WARD PROJECT LOCATION: 1555, 1566 and 1631 Waterlily Road, parcel # 007900000020000, in Coiniock, adjacent the Currituck Sound, Currituck County, North Carolina PROPOSED PROJECT: The applicant proposes Replace (9) piers. Extend (3) piers. Replace breakwater, bulkhead, jetties and a boathouse. Maintenance Excavate a 229' x 15'and 18' x 9' Boat Basin channel in Currituck Sound. Please indicate below your position or viewpoint on the proposed project and return this form by 10 December 2018. Please contact Jonathan Howell at 252-948-3851, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. ✓ This office has no comment on the proposed project This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed A am 0Date it -z -h)jA RECEIVED DEQ�� 252019 oc:nr-MHo CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Wasldngton Square Mall I Washington, North Carolina 27889 1252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 ROY COOPER Gwemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Fni NORTH CAROLINA envkonm&tW Qaaary MEMORANDUM Lee Padrick Division of Community Assistance FROM: Jonathan Howell Express Permits Coordinator Coastal Management Division 943 Washington Square Mall Washington NC 27889 DATE: 26 November 2018 SUBJECT: Express CAMA Application Review APPLICANT: 85' and Sunny, LLC C/O James Beaurle RECEI\IED 0Ec o s Z018 DCM WARO Respond to Jonathan Howell Washington Office PROJECT LOCATION: 1555, 1566 and 1631 Waterlily Road, parcel # 007900000020000, in Coinjock, adjacent the Currituck Sound, Currituck County, North Carolina PROPOSED PROJECT: The applicant proposes Replace (9) piers. Extend (3) piers. Replace breakwater, bulkhead, jetties and a boathouse. Maintenance Excavate a 229' x 1S'and 1B' x 9' Boat Basin channel in Currituck Sound. Please indicate below your position or viewpoint on the proposed project and return this form by 10 December 2018. Please contact Jonathan Howell at 252-948-3851, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY �This office has no objection to the project as proposed. 7 This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated, See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Z. 0 ��_ Date / 1-3 -/ 8 r • , North Carolina Department of Errvlronmental Quality I DhWon ofCoastnl Management Washington Office j 943 Washinq[ square Mall I Washington, North Carolina 278891 252.946,6481 Wllmington Office 1127 Can1tnal n0ve Extension I Wilmington North Carolina 284051910.796.7215 Morehead CM Office 1400 Commerce Avenue' Morehead dtv. North Carolnnn 7A557 ?i?AOA JAOA RECEIVED JAN t 5 Z019 CCM-nnND CITY , secretary BRAXTON C. DAVIS Dtredor TO: MEMORANDUM Shannon Jenkins NC Divison of Environmental Health FROM: Jonathan Howell Express Permits Coordinator Coastal Management Division 943 Washington Square Mall Washington NC 27889 DATE: 26 November 2018 CE DEC - 3 2018 Shellfish Sanitation ti Recreational Water Quality Section Respond to Jonathan Howell Washington Office RECEIVED SUBJECT: Express CAMA Application Review DEC o 5 201a APPLICANT: 85e and Sunny, LLC "`a C/O James Beaurle DCM-WARO �i.. PROJECT LOCATION: 1555, 1566 and 1631 Waterlily Road, parcel # 007900000020000, in Coinjoek, adjacent the Currituck Sound, Currituck County, North Carolina PROPOSED PROJECT: The applicant proposes Replace (9) piers. Extend (3) piers. Replace breakwater, bulkhead, jetties and a boathouse. Maintenance Excavate a 229' x 15'and 18' x 9' Boat Basin channel in Currituck Sound. Please indicate below your position or viewpoint on the proposed project and return this form by 10 December 2018. Please contact Jonathan Howell at 252-948-3851, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment an the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. r /�� p Signed ,c cc ,1uR'vTL(CL Date fD�' Sl��nr1�� Je1,Kir15 RECEIVED JAN ACM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington. North Carolina 27889 1 252.946,6481 Wilmington Office 1127 Cardinal Drive Extension I Wlhningtom North Carona 26405 1 910.796.7215 Morehead Cltv Office 1 400 Commerce Avenue 1 Morehead City. North Carolina 29557 1 252808.2808 THE ATTACHED LAMA MAJOR APPLICATION IS BEING PROCESSED IN THE EXPRESS PERMIT REVIEW PROGRAM PLEASE RETURN TO JOIVATHAN HOWELL IN THE MIC,AEtS.W ASHINGTON REGIONAL OFFICE. Secretary BRAXTON C. DAVIS Director MEMORANDUM 810Z 9 9 A CN TO: Anthony Scarbraugh DWR Water Quality -Programs 943 Washington Regional Office FROM: Jonathan Howell Express Permits Coordinator Coastal Management Division 943 Washington Square Mall Washington NC 27889 DATE: 26 November2018 SUBJECT: Express CAMA Application Review �?hA Cis&Jtd?4; tty�-��t Respond to Jonathan Howell Washington Office RECEIVED DEC 0 7 2018 APPLICANT: 85a and Sunny, LLC C/O James Beaurle DCM-WARD PROJECT LOCATION: 1555, 1566 and 1631 Waterlily Road, parcel # 007900000020000, in Coinjock, adjacent the Currituck Sound, Currituck County, North Carolina PROPOSED PROJECT: The applicant proposes Replace (9) piers. Extend (3) piers. Replace breakwater, bulkhead, jetties and a boathouse. Maintenance Excavate a 229' x 15'and 18' x 9' Boat Basin channel in Currituck Sound. Please indicate below your position or viewpoint on the proposed project and return this form by 10 December 2018. Please contact Jonathan Howell at 252-948-3851, if you have any questions regarding the proposed project When appropriate, in depth comments with supporting data are requested. REPLY x This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed 'W Q. a�,. Date Q«`"`�0 r —7a '�Ulg RECEIVED arh5 I°jg9-cila� V. JAN 25 e�19 DEQ�,� DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington. North Caroflna27889 12S2946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Caroba 28405 1910.796.7215 Morehead ON Office 1 400 Commerce Avenue I Morehead Clty. North Carolina 285571252.808.2808 THE ATTACHED CAMA MAJOR APPLICATION IS BEING PROCESSED IN THE EXPRESS PERMIT REVIEW PROGRAM. PLEASE RETURN TO JONATHAN HOWELL IN THERECEiVED Nov 26 2018 \A ASHJN_GTON_REGiONALPfflogE. MICHAEL S. REGAN Secmwy BRAXTON C. DAVIS Director MEMORANDUM TO C1if Whitfield Public Water Supply Section 943 Washington Regional Office FROM: Jonathan Howell Express Permits Coordinator Coastal Management Division 943 Washington Square Mall Washington NC 27889 DATE: 26 November 2018 SUBJECT: Express CAMA Application Review Respond to Jonathan Howell Washington Office RECEIVED NOV 2 7 Z018 APPLICANT: 850 and Sunny, LLC W pR0 C/O James Beaurle pCM- PROJECT LOCATION: 1555, 1566 and 1631 Waterlily Road, parcel # 007900000020000, in Coinjock, adjacent the Currituck Sound, Currituck County, North Carolina PROPOSED PROJECT: The applicant proposes Replace (9) piers. Extend (3) piers. Replace breakwater, bulkhead, jetties and a boathouse. Maintenance Excavate a 229' x 15'and 18' x 9' Boat Basin channel in Currituck Sound. Please indicate below your position or viewpoint on the proposed project and return this form by 10 December 2018. Please contact Jonathan Howell at 252-948-3851, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. 7- This office has no comment on the proposed project This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. U s U_ 7`oRECENED Signed Date D_E JAN 2 5 �'-A DCM-MHD CITY North Cardlna Department of Environmental Quality I Division of Coastal Management Washington. Office 1943 Washln9ton Square Man I Washington, North CamUm 27889 12SZ946.6481 Wilminamn OfFire ium_,__.__—__._.._..,_.__. ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Enyhn,u, entafQuoflty TO: Tim Walton Director State Property Office FROM: Jonathan Howell Express Permits Coordinator Coastal Management Division 943 Washington Square Mall Washington NC 27889 DATE: 26 November 2018 SUBJECT: Express CAMA Application Review APPLICANT: 850 and Sunny, LLC C/O James Beaurle RECEIVED DEC 13 2018 RECEIVEDCM-WARO NOV 28 2018 UUh STATE PROPERTY OFFICE Respond to Jonathan Howell Washington Office PROJECT LOCATION: 1555, 1566 and 1631 Waterlily Road, parcel ## 007900000020000, in Coinjock, adjacent the Currituck Sound, Currituck County, North Carolina PROPOSED PROJECT: The applicant proposes Replace (9) piers. Extend (3) piers. Replace breakwater, bulkhead, jetties and a boathouse. Maintenance Excavate a 229' x 15'and 18' x 9' Boat Basin channel in Currituck Sound. Please indicate belowyour positior, or viewpoint on the proposed project and return this form by 10 December 2018. Please contact Jonathan Howell at 252-948-3851, if you have any questions regarding the proposed project When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached ments. Signed RECEIVED Date JAN 2 5 2019 "' �'IP DCM-MHD CITY North Caroina Department of Environmental Quality I Division of coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 278891 252.946.648, Morehead Cl OMM 1 400 Comimerce Avenue of Morehead ON. North Ca oBlina 28557 1 25120.8o818O8 t ROYCOOPER MICHAEL & REGAN ��. BRAXTON C DAVIS of a"a MEMORANDUM NORTk CAR0,1NA fnNrommW,W Q—Ury TO: ROYCOOPER MICHAEL & REGAN ��. BRAXTON C DAVIS of a"a MEMORANDUM NORTk CAR0,1NA fnNrommW,W Q—Ury TO: Renee Gledli l•Early NC Department of Cultural Resources Archives & History Building FROM Jonathan Howell Express Permits Coordinator Coastal Management Division 943 Washington Sq,;are Mall Washington NC 27889 DATE, 26 November 2018 SUBJECT: Express CAMA Application Review APPLICANT: 85-and Sunny, LLC C/O James Beaurle Received: 12/04/2018 State Historic Preservation Office ER 18-3995 Due -- 12/12/18 At tvv NGFt i Respond to Jonathan Howell li Washington Office !i N1-Woo 810Z 0 1 3]0 C13AI3038 PROJECT LOCATION: 1555, 1566 and 1631 Watcrlilr' Road- parcel # 00i Cainjnck. adjacent the Currituck Sound, Currituck County, Notch Carolina 900000020000,in PROPOSED PROJECT: The applicant proposes Replace (9) Piers, Extend 3 breakwater, bulkhead, jetties and a boathouse. Maintenance Excavate a 229' x IS'and 19' x 9' Boat Basin channel in Currituck Sound, (i Piers. Replace Please indicate belowyour position or viewpoint on the proposed project and return this farm by 10 December 2018, Please contact Jonathan Howell at 252-948-3851, it regarding the proposed project When appropriate, in depth comments with supporting requested. You have any questions data are REPLY This office has no ob' fertion to the project as proposed. This office has no comment on the proposed project. This office approves changes are of the Proposed project only if the recommended incorporated, See attached This office objects to the proposed project for reasons described in the Signed attached comments. described Date_,__ !2 RECEIVED wasFtlrytonO' qq w mc9'. Envimnm taf QWXY: DIvtwon N Co,W wllm qt Oryk,, 127 rf of tm sq y Mal W"hhOM North CaroNy 27� ft 'nt urreM�O C1, 11 �bryl D"c;tMwpr, 2R 4rpe.a, •(X}Cammerrr Awnw M,nehr Norsk Ctor r7 2R957 252"2&IR JAN 2 1 1019 DCM-MHD CITY December 18, 2018 Regulatory Division Action ID No. SAW 2018-02266 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: RECEIVED JAN 2 5 2019 DCM-MHD CITY Reference the application of Mr. James Baeurle Department of the Army authorization to extend 3 piers as well as the replacement of 9 piers, 121ft of breakwater, 1,913 feet of bulkhead, 397ft of jetties, an 18'x9' boathouse, and the maintenance excavation of a 229' x 15' channel on the Currituck Sound, at 1555, 1566, and 1631 Waterlily Road, in Coinjock, Currituck 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. RECEIVED JAN 2 5 2019 DCM-MHD CITY 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A 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 permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. 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 RECEIVED U.S. Environmental Protection Agency 61 Forsyth Street, SW ZU19 Atlanta, Georgia 30303 JAN 2 5 DCM-MHD CITY Frank Jennings, District Manager Washington Field Office North Carolina Division of Coastal Management RECEIVED JAN 2 5 2019 DCM-MHD CITY Howell, Jonathan From: Warren Eadus <weadus@quible.com> Sent: Thursday, January 10, 201910:46 AM RECEIVED To: Howell, Jonathan Cc: Laurie LoCicero Subject: RE: [External] Hampton Lodge JAN 2 5 2019 Attachments: Hampton Lodge LOD January 7, 2019.pdf DCM-MHD CITY Jonathan, Good morning. With the County's issuance of the Letter of Determination (LOD—courtesy copy attached), does DCM have what it needs to remove the Hampton Lodge CAMA Permit from the hold that the agent for the applicant (Quible) has placed on it? If DCM does have sufficient information from the County concerning the zoning determination, please allow this email to serve as an official written request to remove the application from "hold". If you need anything additional from me, or if there is anything else that I can do to assist in this process, please do not hesitate to contact me at 252.491.8147. Thanks, Warren D. Eadus, P.G. President r Quible & Associates, P.C. 8466 Caratoke Hwy, Bldg 400 Powells Point NC 27966 PO Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 m 252.202.8166 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which It is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Howell, Jonathan <jonathan.howell@ncdenr.gov> Sent: Monday, December 31, 2018 9:29 AM To: Warren Eadus <weadus@quible.com> Cc: Laurie LoCicero <Laurie. LoCicero @CurrituckCou ntyNC.gov> Subject: RE: [External] Hampton Lodge Hey Warren, I just listened to your voice message. The county is the entity responsible for determining compliance with the zoning ordinance. As you are aware, the county is in the process of issuing a letter of determination that speaks to portions of the project under review by the Division of Coastal Management. This Division cannot move forward with processing of the permit until that letter of determination detailing zoning ordinance compliance is issued. I'll be in all week, except for tomorrow. Feel free to call me today or Wednesday if you would like to discuss. Talk to you soon. Jonathan Howell District Manager Division of Coastal Management Department of Environmental Quality 252 948 3851 office Jonathan Howell flncdenr oov 943 Washington Square Mall Washington, NC 27889 ""Nothing Compares U 1C. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Warren Eadus imailto:weadus(Wouible coml Sent: Thursday, December 27, 2018 1:43 PM To: Howell, Jonathan <> Subject: Re: [External] Hampton Lodge Thanks! Warren D. Eadus, P.G. President Quible & Associates, P.C. 8466 Caratoke Hwy, Bldg 400 Powells Point NC 27966 PO Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 m 252.202.8166 www.auible.com LEGAL DISCLAIMER RECEIVED JAN 25 'Z�'9 ®CM-MHD CITY The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Howell, Jonathan <> Sent: Thursday, December 27, 2018 1:00:28 PM To: Warren Eadus Subject: RE: [External) Hampton Lodge Hey Warren, I just finished speaking with the county. Once the letter of determination for 85 & Sunny LLC that details the county position on this project as it relates to the zoning ordinance is signed, we can remove the project from hold and move forward with issuance. I believe we have 5 days from the day it comes of hold to issue. Laurie said they hope to have it finished the end of this week or early next so hopefully we can have this finalized by the end of next week. Jonathan Howell District Manager Division of Coastal Management Department of Environmental Quality 252 948 3851 office Jonathan Howell(cDncdenr. oov 943 Washington Square Mall Washington, NC 27889 - --^Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Warren Eadus [mailto:weadustaauible coml Sent: Thursday, December 27, 2018 11:30 AM To: Howell, Jonathan <jonathan.howell(alncdenr gov> Cc: Laurie LoCicero <LaurieLoCicero(nlCurrituckCountvNC eov>; James Baeurle <jbaeurle(albwdc.com>; Todd Burbage <tburbage6@bwdc.com>; tjohnsonCe williamsmullen com Ike McRee <Ike.McreeC�CurntuckCountvNC goy> Subject: [External] Hampton Lodge Jonathan, Have you received any correspondence from the County concerning the Hampton application? We removed the small pier shown in the west side basin and resubmitted the plans to your attention. We are ready to remove the permit application from hold. Please advise if there are any items we need to address to move this process along. Thanks, Warren D. Eadus, P.G. President Quible & Associates, P.C. RECEIVED JAN 2 5 2019 [)CM-MHD CITY 8466 Caratoke Hwy, Bldg 400 Powells Point NC 27966 PO Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491,8146 m 252.202.8166 www.auible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. RECEIVED JAN 2 5 2019 DCM-MHD CITY 4 Howell, Jonathan From: Laurie LoCicero <Laurie.LoCicero@CurrituckCountyNC.gov> Sent: Thursday, December 27, 2018 11:56 AM To: Warren Eadus; Howell, Jonathan Cc: James Baeurle; Todd Burbage; tjohnson@wil Subject: [External] RE: Hampton Lodge liamsmullen.com; Ike McBee With the removal of the structure Warren indicated in his email (structure 8 on sheet 5 of the original submittal), county staff is fine with all other repair and reconstruction projects in the application. If you need any more input from us, please let me know. Thanks for your help with this application. Laurie Laurie B. LoCicero, AICP Planning Director Planning & Community Development County of Currituck Phone:252-232-6028 Fax:252-232-3026 www.curritlickgovernment.com From: Warren Eadus [mailto:weadus@quible.com] Sent: Thursday, December 27, 2018 11:30 AM To: Howell, Jonathan Cc: Laurie LoCicero; James Baeurle; Todd Burbage; tjohnson@williamsmullen.com; Ike McRee Subject: Hampton Lodge Jonathan, Have you received any correspondence from the County concerning the Hampton application? We removed the small pier shown in the west side basin and resubmitted the plans to your attention. We are ready to remove the permit application from hold. Please advise if there are any items we need to address to move this process along. Thanks, Warren D. Eadus, P.G. RECEIVED UAN 2 5 2019 Df^' ;ITY President Quible & Associates, P.C. 8466 Caratoke Hwy, Bldg 400 Powells Point NC 27966 PO Drawer 870 Kitty Hawk, NC 27949 t 252A91.8147 f 252.491.8146 m 252.202,8166 www.auible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. RECEIVED JAN 2 5 2019 DCM-MHD CITY 2 Jonathan From: Sent: To: Cc: Subject: Laurie LoCicero <Laurie.LoCicero@CurrituckCoun Wednesday, December 19, 2018 9:5tyNC.gov> Warren Eadus 2 m Ike McRee; Howell, Jonathan; Renaldi, Ronald RE: [Extemal] Hampton Lodge Renaldi about r ' ` was very beneficial and w' a amPton Lodge CAM ecent issues. appreciate A submittal and discussing the request Below is our response Permits along med of your co Project by ng with ortho communication with Ron Ponse for the application that was sub Photos on the Coun ' For most of the projects listed in the application, miffed to ty s GIS websites. staff considers a AMA' modification.we find that re o Projects that have been issued a pair or replacement will fall under ' extension of CAMA Permit in the what county ' re -construction of ng docks landward to uplands Past including, but not limited to,: bulkhead in ructi . replacing existing piers and typical construction methods replacing existingplatforms to the largest extent • replacing concrete boat ramps Permitted through the CgMq process 1pl cubic yards of dredge near the boat house ' replace existingjetties On sheet S, structure 8 is noted to the response from � fePtaced. to be a m Ce 8 i about this structure, We did not find this structure modification of cture, it was not existing existing on 2016 or B Prior to January 2012 orthos. After Thanks a nb' existing structure.ry 1, 2013 and we would not consider if gain for w if open communication with this issue. Please let me know if you have any questions. Laurie B. LoCicero, AICP Planning Director Planning &Community Development County of Currituck Phone: 252-232-6028 Fax:252-232-3026 www, rrit I v r m n. From: Renaldi, Ronald [mailto:ronald.renaldi sent' Tuesday ' December 18, 2018 �o ncdenr.gov] Eadus 11:14 AM =c: Laurie LoCicero; Ike McRee; Howell, Jonathan lu6ject: RE: [External] Hampton Lodge RECEIVED JAN 2 5 ZU19 DCM-MHD CITY Warren, The pier in question (#8) was constructed without a permit which resulted in a Notice of Violation (NOV) being issued against the property owner at that time (NOV letter attached) Removal of the pier was not requested by DCM and a civil assessment (which includes the permitting fee, penalty fee and investigation cost) was paid by the owner and the matter was closed. Because the penalty was paid, the pier is considered authorized by DCM through the violation process and no further permitting was required. If you have any further questions, feel free to contact me Ron Renaldl Field Representative NC Division of Coastal Management NC Department of Environmental Quality Ronald. RenaldiOncdenr.00v (252)264-3901 Ext. 237 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 ---_"Nothing Compares RECEIVED JAN 2 5 2019 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ®CM-MHD CITY From: Warren Eadus <weadus@quible.com> Sent: Tuesday, December 18, 2018 10:54 AM To: Renaldi, Ronald <ronald.renaldiCnlncdenr.gov> Cc: Laurie LoCicero <Laurie.LoCicero@CurrituckCountvNC.aov>; Ike McRee <Ike. McreeCraCurrituckCountvNC.eov>; Howell, Jonathan <ionathan.howell(ancdenr.aov> Subject: [External] Hampton Lodge Ron, Attached is pdf showing what we referred to as Structure #8 in our CAMA Major Permit application for the water dependent structures at Hampton Lodge. Since RV parks are a non -conforming use, we are working with the County to demonstrate that all of the structures requested to be replaced in our CAMA Permit application are structures that previously existed and/or were permitted. Pier #8 in the basin/canal on the west side of the property was added sometime in 2016/2017 and prior to Bluewater/85d and Sunny purchasing the property. You and I looked at this structure during one of our Site visits and I believe that you may have determined that it was installed without a permit. Can you share any additional information about this small pier? Thanks, Warren D. Eadus, P.G. President Quible & Associates, P.C. 8466 Caratoke Hwy, Bldg 400 Powells Point NC 27966 PO Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 m 252.202.8166 www.auible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, disseminationor other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. RECEj\jED I30 % 5 Z01s oC."MAE) C;lv TRIMPI & NASH, LLP ATTORNEYS AT LAW JOHN G. TRIMPI Email jtrimpi@trimpinash.com 200 NORTH WATER STREET, SUITE 2A FT MA CITY, NC 27909 TELEPHONE (252) 338-0104 TELECOPIER (252) 33U327 December 10, 2018 VIA UPS OVERNIGHT and FIRST CLASS MAIL Jonathan Howell, Express Permit Coordinator 943 Washington Square Mall Washington, NC 27889 Re: Application for Major Development Submitted by 85' and Sunny, LLC for the Hampton Lodge Waterfront Dear Mr. Howell: THOMAS P. NASH, IV Email tomnash@trimpinash.com Permit Campground Please be advised that I represent the interests of the Waterlily Protection Association ("Association") which is a group of residents and homeowners residing in the Waterlily peninsula community. The Association has reviewed the above referenced Application and has requested that I write to you to express their opposition to the Application. A close reading of the Permit Application reflects that in certain instances the Applicant seeks to expand or enlarge certain structures. Examples include "extensions" and adding "platforms" where none existed before. As you can see by the enclosed Memorandum, the Association feels that any expansion or enlargement of existing uses is prohibited by the Currituck County UDO. In addition, the Association requests that your office do a thorough review of the dredging permit request and that same may constitute an expansion or enlargement in and of itself. I trust that you will feel free to contact me if you have any questions concerning the matters set out herein and the opposition to the permit request. I would also be happy to have members of the Association discuss this matter with you or meet with you. Very truly yours, ThomasAP. Nash, IV cc: Donald I. McRee, Jr., Currituck County Attorney RECEIVED RECEIVED Enclosure DEC 12 2018 JAN 2 5 2019 DCM-MHD CITY QCM-WARD RECEIVED STATE OF NORTH CAROLINA COUNTY OF CURRITUCK In re: HAMPTON LODGE CAMPGROUND BEFORE THE PLANNING DIRECTOR MEMORANDUM RESPONDING TO THE APPLICATION FOR INTERPRETATION JAN 2 5 2019 DCM-MHD CITY RECEIVED DEC 1 Z 2�,d DCM-WARD NOW COMES the Waterlily Protection Association, through counsel, and responds to the Memorandum submitted by 85'and Sunny, LLC ("Applicant"), as follows: Primary Issue The main focus of this Memorandum concerns the interplay between Section 8.2.3.A and Section 8.2.6.A.(5) of the Currituck County UDO. The question presented is whether the prohibition against enlargement of nonconforming uses is trumped by A.(5) allowing for changes as long as the number of campsites is not increased. For purposes of expressing the views of the Waterlily Protection Association, and to make the argument as succinctly as possible, the Statement of Facts set forth in the Applicant's Memorandum or any of the affidavits submitted will not be challenged. Argument Applicant starts off its argument by citing Land v. Village of Wesley Chapel, 206 N.C. App. 123 (2010), attached as Tab 6 to Applicant's notebook. The Land case dealt with a private shooting range that had not been prohibited by a county ordinance. Absent. such mention, doubts as to the meaning of obscure provisions in a zoning ordinance should be resolved in favor of the free use of property. That, essentially, was what the case held. This legal maxim concerning the free use of property cannot be applied to the situation at hand for two reasons: first, the subject of campgrounds is extensively covered and labeled as a nonconforming use. Second, the provisions relating to nonconforming uses and private campgrounds are not at all obscure. They are clear. The contention so ably presented by counsel for Applicant suggests that Section 8.2.6.A(5) preempts the treatment of nonconforming uses as expressed in Section 8.2.3.A. Section 8.2.3.A says that nonconforming uses shall not be enlarged, except as may be specifically provided. Campgrounds can be modified if the number of campsites is not increased under Section 8.2.6.A(5), but this says 0 LU W U UJ X nothing about enlarging them. Applicant would argue that as long as you didn't increase the number of campsites, anything was possible. Under this theory the camp store could be turned into a Walmart, the basketball court into a gymnasium, the laundry into a full-scale laundromat, and the cooking facility into a fast food restaurant. These hyperboles underscore the need to take a more reasoned approach to the Interpretation. The case provided in Tab 9 of Applicant's notebook brings into focus the legal principles at play here. On the last page of the opinion, the North Carolina Supreme Court says that statutes which deal with the same subject matter "must be construed in para materia and harmonized to give effect to each." This is not always applicable, however, for when a statute "dealing with a specific matter is clear and understandable on its face, it requires no construction." State Ex Rel. Utils. Comm'n v. Lumbee River Elec. Membership Corp., 275 N.C. 250, 260 (1969). RECEIVED Applicant would argue that the inquiry ends with A.(5���� 2018 since that is the "specific matter" addressed, and as it is c and understandable (i.e., anything goes unless you increase the number of campsites), nothing else in the Ordinance matterspCM_WARO However, we believe the "specific matter" is the subject of nonconforming uses. Campgrounds, like mobile home parks, are not to be enlarged. They may be modified, but they may not be enlarged. There is a significant difference between the words "enlarged" and "modified". As pointed out in Applicant's argument, the dictionary definition of "modify" means "the making of a limited change in something." It hints at alteration or amendment. "Enlarge," on the other hand, hints more at the scope of something than a single alteration or limited change. It looks to the perceived or conceivable result of the change. A case in point is the Kirkpatrick case mentioned in the July 11, 2018 Memorandum previously submitted to counsel for Currituck County. What was said in that Memorandum bears repeating, starting with the Kirkpatrick case. This is what was said in the earlier Memorandum: The case of Kirkpatrick v. Village Council, 138 N.C. App. 79 (2000), interpreted the word "enlarge" to mean "widen in scope." This is one of the plain meanings of the word, } which is not defined under the Currituck UDO. The Court went M !- on to say, "A nonconforming use is, therefore, `enlarged' o U when the scope of the use is increased." At 86. LM Q `4 = In the Kirkpatrick case, the landowner wanted to Qconstruct an RV park on an existing nonconforming campground. U The Court affirmed the trial court's ruling affirming the municipality's decision not to approve the modification. The landowner had argued that it was not enlarging its use since its plans remained within the geographical area of the original use. Because the scope was enlarged, the change was prohibited. The Supreme Court of North Carolina has said that the word `enlarged" was intended to refer primarily to the purpose for the use. In re: O'Neal, 243 N.C. 714, 723 (1956). That case went on to suggest that any new structure must depend on the similarity in size to the old structure. Accord, see APAC-Atlantic, Inc. v. City of Salisbury, 210 N.C.App. 668 (2010), where it is said: "Our Courts have consistently recognized that an increase in the scope, the scale, or the extent of a non -conforming use constitutes an enlargement of a non -conforming use." At 673. See also Stegall v Zoning Bd. of Adjustment of County of New Hanover_ 87 N.C.App. 359 (1987), discussing "change in kind of activity" as a test to determine whether a nonconforming use has been impermissibly enlarged. The owners of the campground in question should be operating a campground and not a restaurant or swimming pool or any other facility not already on the property. The North Carolina courts have repeatedly said that nonconforming uses are not favored by the law and are to be strictly construed against indefinite continuation. CG&T Corp v Bd. of Adjustment of Wilmington, 105 N.C.App. 32, 39 (1992). See also Huntington Props, LLC v. Currituck Cty, 153 N.C.App. 218, 227 (2002), agreeing that it was the policy of North Carolina to construe ordinances against the expansion of nonconforming uses. In that case the proposed upgrade of the Orchard Park wastewater treatment system constitLRECCOVED impermissible increase in the extent of the nonconforming use and was not allowed. DEC 12 2018 The County clearly did not want to see the numl.R,A,�RO campsites increased. Just as clearly it wanted to anno policy against the enlargement or intensification of a nonconforming use. As noted above, a change in the scope of a use on the property would constitute an enlargement. This is not the same as a modification of an existing campground, such as to put a new roof on the recreational building. Adding a new restaurant or a swimming pool that may or may not be open to the public generally would be expanding the scope of the campground, however, and would be prohibited under the UDO. These would be major changes, not slight changes as implied in the use of the word "modification" in 8.2.6.A(5). They would increase the intensity of people using the campground and serve to change the character or purpose of the nonconforming use. RECEIVED JAN 2 5 2019 DCM-MHD CITY The interpretation our client, the Waterlily Protection Association, seeks is one tending to harmonize the policy against enlarging nonconforming uses, such as the private campground, with allowing it to modernize. Such modernization would be permissible if the scope of the campground was not thereby enlarged or increased. We would respectfully submit that the text interpretation sought by the Applicant, which suggests that the prohibition against the enlargement of nonconforming uses is trumped by the singular fact that the number of campsites will not be increased, should not be adopted. Instead, the sections of the nonconforming subsection of the UDO should be harmonized by reading them in conjunction with each other. In that way a more comprehensive evaluation can be made. This approach appears to be consistent with North Carolina law as we understand it to be. Conclusion As to the issue of interpretation involving the text, particularly whether the sky is the limit for modifying a private campground as long as the number of campsites is not increased, such interpretation would defeat the general policy against enlarging nonconforming uses and should not be read to allow any modification without considering the potential impact by the widening of the scope of the nonconforming use. Respectfully submitted this � day of fl�f� , 2018. Trl\waterlily memorand= 10-30-18 TRIMPI & NASH LLP Attorneys for Waterlily Protection Association 200 North Water Street Elizabeth City, NC 27909 Telephone: 252-338-0104 tomnash rimp��i`nash co `�� Thomas P. Nash, By: Jo G.' T n r mpi RECENED RECEIVED JAN 2 5 2019 DEC 12 Z018 DCM-MHD CITY DCM-WAR® Quible 9ulble & As=lates. P.C. ENGPEERWG - ENwiONbENIPl SC04CES - PLANNING - SIM SANG NICE 1969 CERTIFIED MAIL: RETURN RECEIPT REQUESTED July 16, 2018 Delores Myers 1552 Waterlity Rd Coinjock, NC 27923 RE: CAMA Major Permitting Hampton Lodge Waterfront Campground Ms. Myers: P.O. Droww 870 ally Hawk NC 27M Ph": 252491-8147 Fat 252491-SM web: CV-M. RECEIVED NOV 1,9 2018 DCM-WARD As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project primarily includes repairing and replacement of all existing water dependent structures such as; piers, bulkheading, boat ramps, and a boathouse. New work includes gravel improvements to the existing campsites and two pier extensions to reconnect to the shoreline. Please see included CAMA plan for all proposed work. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mr. Ron Renaldi, 401 S. Griffin Street, Suite 300, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Troy Murphy, Quible & Associates, P.G., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible�ciates, P.C. Troy Murphy _____ I have no objection to the project as proposed 1 have an objection to the project for reasons stated below Signature Date RECEIVED JAN 2 5 DCM-MHD CITY Quible870 P.O. Dlcn2 Quible & Associates, P.C. 949 WOy "°" Nc 27940 PNan,1: 252+A1.8147 ENGINEERING - ENMreONMENMSCIENCES • piANNING • ROVEVING 'Fa; 252491.8146 web: WI'Nlecarn SINCE 19% CERTIFIED MAIL: RETURN RECEIPT REQUESTED July 16, 2018 RECEIVED Jessie Marie Rivers Trustees NOV 19 2018 PO Box 63 Coinjock, NC 27923 DCM-WARO RE: CAMA Major Permitting Hampton Lodge Waterfront Campground Sir/Madam: As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project primarily includes repairing and replacement of all existing water dependent structures such as; piers, bulkheading, boat ramps, and a boathouse. New work includes gravel improvements to the existing campsites and two pier extensions to reconnect to the shoreline. Please see included CAMA plan for all proposed work. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mr. Ron Renaldi, 401 S. Griffin Street, Suite 300, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Troy Murphy, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, l3uible and sociates, P.C. troy Murphy I have no objection to the project as proposed I have an objection to the project for reasons stated below RECEIVED JAN 2 5 2019 Signature Date DCM-MHD CITY • Complete items 1, 2, and 3. '• Print your name and address on the reverse so that we can return the card to you. ,m Attach this card tD the back of the maltpiece, or on the front 'rf space permits. 1. AmcleAddressed to: itj,ee k nc a f3 Ili IIIIII IIII IIIIII I IIII IIIIIIIIIIII II II III III 9590 9402 3871 8060 8545 49 7007 2560 0001'0093 1757 PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maifpfece, or on the tram 9 space permits. 1. Article Addressed to: A 1n� /fttg Pox t3 F IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII C1590 9402 3871 8060 8545 56 2. Article Nurnber(Rensfer from setvice/eW 7007 2560 0001 0093 1740 .f PS Form 3811, July 2015 PSN 7630-02-000,9063 f 10 0o A X B. Con Is delivery adrhess different from item 1? Yes if YES, enter delivery address below: ❑ No Mail® Ma F Delivery Mau Express® red Mail° red Mail ResO bled Delivery ❑ Rehm Receipt tar Merchandise Restricted Delivey, Signal Cord O. Signature CON ;tad Delivery -Restricted Deli. Domestic Retum 3. Service Type ❑ Priority Mail Express® 01 Adult Signetrae ❑ Registered MaiV- ❑ Aduh Signature Restricted Delivery El Registered Mail Restidel Certified Mal® Delivery ❑ Certified Mail Restricted Delivery 0 Return Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise 0 Signature. Confirniadon� lad Mail [2W Signare Confirmation pled Mall Restricted Delivery Restricted Delivery er$5w) Domestic Return Receipt RECEIVED JAN 2 5 ?019 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Warren Eadus Quible & Associates, P.C. Post Office Box 870 Kitty Hawk, North Carolina 27949 Dear Mr. Eadus: NORTH CAROLINA Environmental Quality January 15, 2019 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days: The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Jonathan Howell DCM Express Permit Coordinator Washington Regional Office RECEIVED DQV JAN 2 5 2109 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Washington Office 1943 Washington Square Mall I Washington North CaroMa 2788q 252.946.6481 North Carolina Department of Environmental Quality 1 Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 ROY COOPER NORTH CAROLINA Gov ar EbrtronmentulQuakty NOCHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 14, 2019 Thomas P. Nash IV 200 North Water Street, Suite A Elizabeth City, NC 27909 SUBJECT: Coastal Area Management Act (CAMA) and NC Dredge and Fill Permit Application Submittal for 850 and Sunny, LLC in Currituck County Dear Mr. Nash: Thank you for your concerns regarding the Coastal Area Management Act and NC Dredge and Fill express permit request submitted by 85' and Sunny, LLC, in Coinjock, Currituck County. The Division appreciates your concerns about the proposed project. In this case, no inconsistencies with the Coastal Area Management Act or Dredge and Fill law were identified. Consequently, the Division has issued a CAMA Express Major Permit No. 4-19 for part of the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 948-3851, or by email at Jonathan.Howell@ncdenr.gov. Sincerely, rona�than Howell DCM Express Permit Coordinator Washington Regional office RECEIVED e,d mE Q � JAN 2 5 2019 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Envlro ental Quality January 8, 2019 FROM: Jonathan Howell, Express Permit Coordinator - WARO SUBJECT: Field Recommendations - Coastal Area Management Act (CAMA) and NC Dredge and Fill Permit Application Submittal for 85a and Sunny, LLC in Currituck County The applicant proposed the landward extension of 3 piers as well as the replacement of 9 piers, 121' feet of breakwater, 1,913' of bulkhead, 397' of jetties, an 18' x 9' boathouse and the maintenance excavation of a 229' x 15' channel on the Currituck Sound. To satisfy the concerns of Currituck County, the proposed development was modified by removing one proposed pier and the corresponding landward extension from the project proposal. The remaining development appears to be consistent with the 15A NCAC 07H .0208 development standards for bulkheads, docks/piers, boathouses and boatramps. This office suggest the permit be issued with standard permit conditions for this type of development. RECEIVED JAN 2 5 2019 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington North Carolina 27889 252.946.6481 ROY COOPER Coranor WCHAEL S. REGAN secretary BRAXTON C. DAMS Director Warren Eadus Quible & Associates, P.C. Post Office Box 870 Kitty Hawk, North Carolina 27949 Dear Mr. Eadus: NORTH CAROLINA Envkr aenta[Quattty December 14, 2018 This letter is in response to your application request under the Coastal Area Management Act (CAMA) on behalf of 85 and Sunny, LLC c/oJames Baeurle for State approval for the extension of 3 piers, as well as the replacement of 8 piers, 121' feet of breakwater, 1,913' of bulkhead, 397' of jetties, an 18' x 9' boathouse and the maintenance excavation of a 229' x 15' channel. The site is located at 1555, 1566 and 1631 Waterlily Road in Coinjock adjacent the Currituck Sound Currituck County, North Carolina. The major permit application was received as complete on November 19, 2019 under the Express Permit Program. Upon receipt of your e-mail request dated December 14, 2018, I have placed the application on hold. The Division of Coastal Management will resume processing of the application when we receive written notification from you and/or Mr. James Buerle of 85 and Sunny, LLC. If you have any questions concerning this matter, please feel free to contact me by phone (252- 948-3851 direct line), fax (252-948-0478), or via electronic mail at (Jonathan.Howell&cderingov). Sincerely, Jonathan Howell DCM Express Permit Coordinator Washington Regional office Attachment Cc: Frank Jennings — District Manager, Elizabeth City Office, DCM Josh Pelletier— US Army Corps of Engineers RECEIVED DEQ� JAN 252019 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 2788q 252.946.6481 COUNTY OF CURRITUCK Planning and Community Development Department Planning and Zoning Division 153 Courthouse Road, Suite 110 Cunituck North Carolina 27929 Telephone (252) 232-3055 / Fax (252) 232-3026 January 7, 2019 LETTER OF DETERMINATION 85' and Sunny, LLC c/o Mr. Thomas H. Johnson, Jr. Williams Mullen 301 Fayetteville St. Suite 1700 Raleigh, NC 27601 PO Box 1000 Raleigh, NC 27602 RE: Application for Interpretation; 85' and Sunny, LLC; Hampton Lodge Campground; 1631 Waterlily Road, Coinjock, NC 27923 Dear Mr. Johnson: This Letter of Determination is in response to your August 30, 2018 Application for Interpretation requesting on behalf of 85' and Sunny, LLC, (the "Applicant"), a determination of (1) the number of campsites that existed at Hampton Lodge Campground ("Hampton Lodge") on January 1, 2013, and (2) whether modifications to Hampton Lodge shown on the applicant's site plan are permitted. The Application for Interpretation also references a site plan submitted by Quible and Associates on behalf of the Applicant that shows 314 campsites for recreational vehicles and 78 campsites for tents. The Unified Development Ordinance ("the UDO") that went into effect January 1, 2013 removed private or recreational campgrounds as an allowed use in the Single Family Mainland ("SFM") Zoning District. When the 2013 LIDO was enacted, the use of Hampton Lodge as a campground became a non -conforming use. Prior to the current UDO, private or recreational campgrounds were allowed in the Recreational Residential Zoning District with a special or conditional use permit. The 2013 LIDO changed the nomenclature of several zoning districts, but essentially the Recreational Residential Zoning District became the Single Family Mainland Zoning District. RECEIVED JAN 2 5 2U19 DCM-MHD CITY Thomas H. Johnson January 7, 2019 Page 2 of 11 Once private or recreational campgrounds were removed as an allowed use and became completely non -conforming, Chapter 8 Nonconformities became the guide for regulating existing campgrounds. The purpose and intent of Chapter 8 Nonconformities of the 2013 LIDO "is to regulate and limit the continued existence of those uses, structures, lots of record, signs and site features that do not conform to the provisions of this Ordinance of and subsequent amendments." (See UDO §8.1.1) Once uses are established as nonconforming, they are "generally incompatible with the permitted uses in the district in which they are located" (See UDO § 8.2.1). Furthermore, a nonconforming use shall not be enlarged, expanded in area or intensified, be extended to additional structures or land outside the original structure and open air uses shall not be extended to occupy more land area than that in use when the open air use became nonconforming. (See UDO §8.2.3) There is an expectation that nonconformities will eventually become compliant with land use regulations over time due to natural decline; that they will either convert to a permitted use or cease to exist. To determine the number of campsites existing at Hampton Lodge on January 1, 2013, 1 have reviewed permits and approvals issued to Hampton Lodge since 1967. The reviewed permits and approvals include those issued by Albemarle Regional Health Services and Currituck County. Albemarle Regional Health Services reviews and issues septic permits and is not a department of Currituck County government. Albemarle Regional Health Services permits do not grant zoning approval nor do they establish vested rights to develop property. I have also reviewed the 1971, 1975, 1982 Zoning Ordinances for Currituck County; the 1989, 1992, 2007 and 2013 UDO's for Currituck County; official Currituck County Zoning Maps; and minutes from the Currituck County Board of Adjustment, Currituck County Board of Commissioners and Currituck County Planning Board relevant to Hampton Lodge. Prior to the effective date of zoning for Hampton Lodge the following permits were issued to Hampton Lodge: May 2, 1967: Septic permit application (#551) for bath house June 29, 1967: Septic permit application (#562) for a trailer August 29, 1969: Septic permit application (#744) for 6 camper spaces (spaces 1-6) On October 7, 1971, county -wide zoning was adopted that included the Hampton Lodge property. Under the 1971 Zoning Ordinance and Official Zoning Map, campgrounds were permitted in the Recreational Residential (RR) Zoning District with the following requirements: • A preliminary plat submitted to the Planning Board with each camp application for tent sites and camping trailers • Minimum 6 acres of land • 3,000 square feet for each tent and camping trailer space • 200' setback for buildings, tent spaces or trailer spaces from any property line maintained as a natural buffer RECEIVED JAN 2 5 Z019 DCM-MHD CITY Thomas H. Johnson January 7, 2019 Page 3 of 11 Maximum 400' distance for drinking water, toilet facilities Maximum 1500' distance to washhouses; does not apply where community water and sewer connections are provided Campgrounds allowed in Flood Plain district with a conditional use permit with the same regulations as above Hampton Lodge was zoned RR under the 1971 Zoning Map. No documentation was found showing that Hampton Lodge submitted an application or received approval of a preliminary plat for the tent sites and camping trailers at Hampton Lodge. Minutes from the March 20, 1973 meeting of the Currituck County Board of Commissioners show that the Board of Commissioners discussed a request by Action Development, Inc. for a "sub -division plat" for Hampton Lodge. Based on unrecorded draft plats found in the county's archives, it appears that Action Development, Inc. was seeking to create a camper subdivision that required installation of certain infrastructure. At the March 20, 1973 Board of Commissioners' meeting, the board determined that the camper subdivision plat would not be approved until posting of a required bond and compliance with all other requirements and procedures of the Currituck County Subdivision and Zoning Ordinances. Action Development, Inc. did not complete the process required for approval of a camper subdivision and no further action was taken an the Action Development, Inc. camper subdivision application. For the time period governed by the 1971 Currituck County Zoning Ordinance and Official Map, documents show health department issuance of the following septic permits: • April 26, 1972: Septic permit application (#1436) for 6 camper spaces (spaces 1-6) • July 9, 1972: Septic permit application (#1220) 6 camper spaces (spaces 1-6) • July 11, 1972: Septic permit application (#1551) for 6 camper spaces (spaces 1-6) Septic permit application (#1552) for 6 camper spaces (spaces 1-6) • August 14, 1972: Septic permit application (#1598) for 6 camper spaces (spaces 97-102) Septic permit application (#1599) for 6 camper spaces (spaces 103-108) Septic permit application (#1600) for 6 camper spaces (spaces 109-114) Septic permit application (#1601) for 6 camper spaces (spaces 115-120) Septic permit application (#1602) for 4 camper spaces (spaces 121-124) RECEIVED JAN 2 5 2019 DCM-MHD CITY Thomas H.Johnson January 7, 2019 Page 4 of 11 • May 7, 1973: Septic permit application (#1831) for 4 camper spaces (spaces 1-4) With an effective date of January 1, 1975, the Currituck County Board of Commissioners enacted the 1975 Zoning Ordinance and Official Zoning Map. Under the 1975 Zoning Ordinance, camping was a permitted use of property only in recreation campgrounds located in the Recreational Residential (RR) Zoning District with a conditional use permit. The 1975 Zoning Ordinance required the following conditions for issuance of a conditional use permit allowing camping as a use in the RR Zoning District: • Minimum 10 acres under single ownership • 3000 square feet per camper space • 8% of total acreage be devoted to recreational area; 50% of that acreage be active recreation On October 29, 1975 a conditional use permit was issued for Hampton Lodge in a Currituck County Board of Adjustment case (BOA 75-8). The Board of Adjustment case was instituted as an appeal of the Currituck County Code Enforcement Officer's determination prohibiting the upgrade of twelve waterfront camp sites. The minutes from the October 29, 1975 Board of Adjustment meeting record that the applicant wanted "to upgrade the twelve waterfront lots by addition of septic tank systems to provide sewage disposal for those sites" at Hampton Lodge. The Board of Adjustment made the following Findings of Fact: • That Hampton Lodge Campground is a recreational campground; • That twelve existing campsites are to be upgraded by the addition of sewage disposal; • That no plat of the sites exist but they do and will conform to the ordinance requirements; • That the Health Department indicate the land is suitable for septic tanks; • That property value will be improved by the addition. A condition of the Board of Adjustment's decision required submission of a plat for the twelve camp sites to the Currituck County Code Enforcement Officer and the twelve sites must be in conformity with the 1975 Zoning Ordinance. A copy of a site plan showing camper sites 23-35 with the additional sewage is included in the record of the case. Some of the camp sites shown on the plan do not appear to be a minimum of 3000 square feet required by the 1975 Zoning Ordinance. These lots could have predated the 1971 Zoning Ordinance. The site plan also recognized waterfront camper sites 23-101. For the time period governed by the 1975 Zoning Ordinance and Official Zoning Map, documents show issuance of the following building and septic permits: RECEIVED JAN 2 5 2019 DCM-MHD CITY Thomas H. Johnson January 7,2019 Page 5 of 11 September 29, 1978: Septic permit application (#3471) for a modular home March 30, 1981: Building permit (#4296) for electrical service to 14 campsites With an effective date of November 15, 1982, the 1982 Zoning Ordinance and Official Zoning Map was enacted by the Currituck County Board of Commissioners. Under the 1982 Zoning Ordinance, the RR-30 Residential/Recreational Zoning Distsrict was created. The RR-30 Zoning District was described as containing "some existing camp grounds and camper subdivisions and is retained for the purposes of regulating these existing uses. It is not intended that this district be expanded." Recreation campgrounds were still permitted uses in the RR-30 district with a conditional use permit meeting the following conditions: Minimum 10 acres under single ownership 3000 square feet per camper space 8% of total acreage be devoted to recreational area; 50% of that acreage be active recreation There is no evidence in county archives that Hampton Lodge applied for or received a conditional use permit under the 1982 Zoning Ordinance. For the time period governed by the 1982 Zoning Regulations, there are records of the following building and septic permits: • September 20, 1983: Building permit (#5625) rewire existing campsites • March 5, 1984: Building permit (#0122) new 200 amp service and rewire for 18 existing campsites • June 26, 1984: Building permit (#0362) new service at existing campsites rewire 26 existing campsites • December 28, 1986: Building permit (#1981) electrical upgrade to 200 amp waterfront With effective date of April 2, 1989, the Currituck County Board of Commissioners enacted a Unified Development Ordinance (UDO) and Official Zoning Map. A Residential Recreation (RR) Zoning District was designated in the LIDO and described as "designed to provide for some existing campgrounds and camper subdivisions and is retained for the purposes of regulating these existing uses. It is not intended to be expanded." On May 18, 1992, the purpose for the RR Zoning District was amended to provide that the RR Zoning District was "not intended to be expanded except in cases where: a) and existing property containing an RR designation is split by zoning lines; b) the expansion only occurs within lot boundaries as such boundaries existed as of April 2, 1989; and, c) the campground/camper subdivision shall meet all criteria established in Article 14 (Conditional and Special Uses) in addition to not exceeding an overall maximum density of 4.5 unit (included campers and motel room) and beds (included group sleeping quarters) per acre." A use permit was required with the following conditions: RECEIVED JAN 2 5 2019 DCM-MHD CITY Thomas H. Johnson January 7, 2019 Page 6 of 11 • Minimum 10 acres under single ownership • 3000 square feet per camper space • 8% of total acreage be devoted to recreational area; 50% of that acreage be active recreation There is no evidence in county archives that Hampton Lodge applied for or received a use permit under the 1989 UDO. For the time period governed by the 1989 LIDO there are records showing issuance of the following building permit: • February 23, 1990: Building permit (#6630) 200 amp electrical service on A lots — camping With an effective date of November 16, 1992, a revised Unified Development Ordinance, (the "1992 UDO"), was enacted by the Curituck County Board of Commissioners. The Residential Recreation (RR) Zoning District was a designated zoning district created for the purpose "to provide for some existing campgrounds and camper subdivisions and is retained for the purposes of regulating these existing uses. It is not intended to be expanded except in cases where: a) an existing property containing an RR designation is split by zoning lines; b) the expansion only occurs within lot boundaries as such boundaries existed as of April 2, 1989; and, c) the campground/camper subdivision shall meet all criteria established in Article 14 (Conditional and Special Uses) in addition to not exceeding an overall maximum density of 5.5 units (includes campers and motel rooms) and beds (includes group sleeping quarters) per acre." Private campgrounds were a permitted use in the RR Zoning District with a special use permit with the following conditions: • Minimum 10 acres under single ownership • 3000 square feet per camper space • 8% of total acreage be devoted to recreational area; 50% of that acreage be active recreation The 1992 UDO, as amended, was the in effect from November 16, 1992 to September 4, 2007. On April 24, 1996 the Currituck County Board of Commissioners issued Hampton Lodge a conditional use permit for an outdoor concert special event. The Board of Commissioners action on the outdoor concert special event use permit was the first consideration of a land development request, other than building and septic permits for this property, since 1975. The conditional use permit applicant, John E. Pappas, included a site plan in support for the special event conditional use permit. That site plan illustrated 234 campsites. A zoning permit was also required for the special event and the plan associated with the zoning permit application illustrated 90 vehicular parking spaces for the event on a grassed area on the west side of the gravel road. The following year, Hampton Lodge again applied for a special event conditional use permit for an outdoor bluegrass concert and craft show. In support of the RECEIVED JAN 2 5 2019 DCM-MHD CITY Thomas H. Johnson January 7, 2019 Page 7 of 11 application, Hampton Lodge submitted a site plan illustrating 234 campsites. The Currituck County Board of Commissioners issued a special event conditional use permit to Hampton Lodge on March 26, 1997. On January 28, 1998, the Board of Adjustment issued a decision on an appeal of an administrative decision regarding the property. The Code Enforcement Officer had determined numerous additions were made to campers in violation of Section 804(5) of the effective LIDO; the property owner appealed that decision. In the record of the case, staff found a list of 32 campsites that obtained permits for screened in porches. Due to state record retention laws, only an index listing could be found of the camper owner, permit type and date issued. The actual permits are not available as the county was not required to keep the actual permit for that time interval. No property verification could be made regarding the location of the campers. The decision of the Board of Adjustment was to allow for the additions to remain that obtained building permits but those additions that did not obtain building permits were required to be removed. For the time period governed by the 1992 LIDO, as amended, the following septic permits were issued to Hampton Lodge: • January 10, 1995: Septic repair permit (#36151) for 4 camper spaces (spaces 13-16) Septic repair permit (#36141) for 4 camper spaces (spaces 9- 12) Septic repair permit (#36131) for 4 camper spaces (spaces 5- 8) Septic repair permit (#36121) for 4 camper spaces (spaces 1- 4) With effective date of December 4, 2007, the Currituck County Board of Commissioners enacted the 2007 Unified Development Ordinance, (the "2007 UDO") and Official Zoning Map. The Residential Recreation (RR) Zoning District was a designated zoning district that was described as "not intended to be expanded except in cases where: a) an existing property containing an RR designation is split by zoning lines; and b) the expansion only occurs within lot boundaries as such boundaries existed as of April 2, 1989; and, c)the campground/camper subdivision shall meet all criteria established in Article 14 (Conditional and Special Uses) in addition to not exceeding an overall maximum density of 5.5 units (includes campers and motel rooms) and beds (includes group sleeping quarters) per acre." Private campgrounds were permitted in the RR Zoning District with a special use permit and with the following conditions: • Minimum 10 acres under single ownership • 3000 square feet per camper space • 8% of total acreage be devoted to recreational area; 50% of that acreage be active recreation • Maximum camper size and platform requirements RECEIVED JAN 2 5 2019 DCM-MHD CITY Thomas H. Johnson January 7, 2019 Page 8 of 11 The 2007 UDO also included language governing platted camper lots for existing camper subdivisions. During the time governed by the 2007 UDO, Hampton Lodge did not make application for any land development permits and there is no evidence that septic or building permits were issued. With an effective date of January 1, 2013, the Currituck County Board of Commissioners enacted a new Unified Development Ordinance, (the "2013 UDO") and Official Zoning Map. Under the 2013 LIDO, private campgrounds were removed as a permitted use and the Residential Recreation (RR) Zoning District was eliminated. All existing private campgrounds became non -conforming uses and subject to regulation under Chapter 8 of the 2013 UDO. As a private campground, Hampton Lodge is a legal non -conforming land use subject to the general and specific standards of Chapter 8 of the 2013 LIDO. In addition to the standards provided under 2013 LIDO §§8.2.1, 8.2.2, and 8.2.3 the nonconforming use at Hampton Lodge is further required to meet the standards contained in 2013 UDO §8.2.6 that provides: Private campgrounds are not allowed as a principle use in Currituck County. All existing campgrounds and campground subdivisions are nonconforming uses subject to the following standards: A. General Standards (1) Camping is an allowed use of land only in existing campgrounds and campground subdivisions. (2) Campers may not be modified in any manner that would render the unit non -transportable. (3) No tent or camper may be located on a campsite or campground subdivision for more than 90 days. (4) Additions to campers are not permitted. (5) Modification to existing campgrounds are permitted provided the changes do not increase the nonconformity with respect to number of campsites that existed on January 1, 2013. B. Existing Campgrounds (1) Existing campgrounds may not be expanded to cover additional land area or exceed the total number of campsites that existed January 1, 2013. (2) Campers may not be placed on permanent foundation. (3) Campsites may have a wooden platform not to exceed 100 square feet. Platforms must be 12 inches or less in height from existing grade. Handicap ramps are not subject to the maximum height requirement and square footage provided the ramp does not exceed five feet in width RECEIVED JAN 2 5 2019 DCM-MHD CITY Thomas H.Johnson January 7, 2019 Page 9 of 11 (4) Campgrounds shall not include permanent residences, excluding one dwelling unto to be occupied by the park caretaker or manager. The application also cites Stokes County v. Pack, 91 N.C. App. 616, 372 S.E.2d 726 (1988) as law allowing full use of property comprising Hampton Lodge that, from time to time in the past, has been used in a variety of ways to support camping and recreation of campers. Stokes is distinguishable from the Hampton Lodge situation in that Stokes allowed for the completion of a nonconforming use but prohibited expansion of a nonconforming use. Hampton Lodge's position that because at times camping may have occurred on certain areas of the property it is entitled to as many campsites as it desires is tantamount to the expansion of a nonconforming use. The more applicable case is Kirkpatrick v. Village of Pinehurst, 138 N.C. App. 79, 530 S.E.2d 338 (2000), where the court precluded expansion of a campground beyond the acreage originally occupied and precluded renovations that would add more campsites to a nonconforming campground. The applicant is proposing a greater number of campsites than the County has on record and to add more amenities to the site, making it a more attractive destination and prolonging the life of a nonconforming use. Malloy v. Zoning Board of Adjustment 155 N.C. App. 628, 632, 573, S.E. 2d 760, 763 (2002) is also pertinent to this situation. The court upheld that a nonconforming welding and gas supply business could not replace an existing storage tank with a new, larger tank, in part, because it would allow additional and faster service to their customers. This is akin to having additional amenities for visitors at Hampton Lodge Campground. Based on the forgoing, I conclude that in 1975, the county issued a conditional use permit for Hampton Lodge. In the record of the 1975 case, documentation was submitted that established 101 existing campsites. Other than building permits and septic permits, no other land use approvals were sought that required action by a Currhuck County board. In 1996 and 1997 a conditional use permit was issued for a special event, an outdoor concert, to be held on the property. With the applications for the special event conditional use permits, site plans were submitted that illustrated 234 camp sites. None of the plans showed any designated tent campsites; just areas available for tent camping. Taking into account all of the county's records and documentation, and submittals by Hampton Lodge, it is my determination that 234 campsites have received some form of approval between 1971 and 1997 and 234 campsites existed on January 1, 2013. Based on the foregoing, I make the following conclusion regarding the number of tent campsites at Hampton Lodge. Because the 2013 LIDO does not define "campsite" I have, pursuant to 2013 UDO §10.1.12, reviewed A Planner's Dictionary (2004) published by the American Planning Association. This publication defines "campsite" as .any plot, parcel, tract or portion thereof, intended for the exclusive occupancy by a camping unit" and "camping unit" is defined as "any tent, trailer, lean-to, recreation vehicle or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation purposes." I cannot verify, and therefore do not conclude, that 78 tent campsites were established prior to January 1, 2013. County documentation and historic submissions by Hampton Lorin D JAN 2 5 2019 Thomas H. Johnson January 7, 2019 Page 10 of 11 only show an area where tent camping has been allowed. Tent campsites would need to be calculated based on the historical tent area divided by the minimum campsite size (3000 square feet) required by all zoning regulations before the 2013 LIDO. As to modifications proposed for Hampton Lodge and specifically illustrated on the site plan submitted with the Hampton Lodge application for this determination, I conclude the following: It is my determination that some of the modifications illustrated on the Applicant's proposed site plan are permitted. The 2013 LIDO provides specific and general rules governing non -conforming uses and nonconforming campgrounds. 2013 LIDO §8.2.6.A(5) provides that "modifications" can be made to existing campgrounds so long as the number of campsites do not increase. Because the 2013 LIDO does not define "modification", I have, pursuant to 2013 LIDO §10.1.12, reviewed the definition for the tens "modification" from accepted sources. Inks application for this determination, the Applicant suggests citation Black's Law Dictionary (1 & ed. 2014) for the definition of "modification" as "[a] change to something; an alteration or amendment." I have also considered the Applicant's definition for "modification" found in Merriam-Webster's (2018) that defines "modification" as "the making of a limited change in something". Applying these definitions, it is my determination that something needs to exist before a change, alteration or amendment can be made. Considering the fact that the county has not allowed the expansion of the Recreational Residential Zoning District in applicable years and in 2013 completely eliminated campgrounds as a permitted use in Currituck County, only changes to existing buildings and structures are permitted. Existing facilities are those facilities illustrated in plans submitted in 1996 and 1997 with the special events conditional use permit applications. Those facilities are restroom facilities, piers, docks, bulkheads, camp store, and other recreation facilities. The new facilities listed in the application for, such as the new bathroom facilities, swimming pool, pool house and the like, are not permitted. In the affidavits of Delores Myers and Jacqueline Myers, appended to the application, it was noted that construction of an inground swimming pool was started in the early 1970's, was never completed and was ultimately filled. Furthermore, the new bathroom facilities, swimming pool, pool house and other additional structures illustrated on the proposed site plan are not limited changes but are substantial and an impermissible expansion, enlargement and intensification of a nonconforming use. If you or an aggrieved party believes this determination represents an error in the application of the 2013 UDO, an appeal may be filed with the Currituck County Board of Adjustment. The appeal must be filed with our office within 30 days of the date of this determination. A copy of the appeal application is available upon request or can be found on the Currituck County website http://co.curdtuck.nc.us/wp- content/uploads/2017/12/appeal,pdf . RECEIVED JAN 2 5 2019 DCM-MHD CITY Thomas H. Johnson January 7, 2019 Page 11 of 11 Sincerely, 9 . 6 6. CM -Ls Laurie LoCicero, AICP Planning and Community Development Director Cc: Ike McRee, County Attorney Donna Voliva, Planning and Community Development Assistant Director RECEIVED JAN 2 5 2019 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN sec &e BRAXTON C. DAVIS Director NORTH CAROLINA nWQt,.kry RECEIVED DEC 10 2018 DCM-WARD MEMORANDUM TO: Jonathan Howell, Express Permits Processing Coordinator Division of Coastal Management FROM: Charlan Owens, AICP, NE District Planner Division of Coastal Management SUBJECT: Express Permit Request by 85 Degrees and Sunny, LLC, to repair/replace all existing water dependent/shoreline structures; install a 4 foot wide by 50 foot long long pier extension, and a 2 foot wide by 5 foot long pier expier extension, a 4 foot wide by 25 foot long pier extension, a 3 foot wide by 6 foot maintenance excavate a 15 foot wide by 229 foot long access chan, and; nel to tensiondepth of -2.5 feet below Normal Water Level; on a manmade channel and the Currituck Sound at 1555, 1566, and 1631 Waterlily Road and Parcel ID #007900000020000, at the northern terminus of Waterlily Road, in Currituck County. DATE: December 10, 2018 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through June 24, 2009. Overview: The 470.86 acre project site consists of four (4) parcels with a combined shoreline of approximately 24,470 linear feet along the Currituck Sound to the west, north and east, a 1,480 foot long man-made canal to the west, and a 15 foot wide by 229 foot long manmade channel to the east. Water depths along the shoreline range from -1 to -4 feet below Normal Water Level. The 15 foot wide by 229 foot long manmade channel is -1.5 feet deep. Submerged Aquatic Vegetation (SAV) are in the sound, east of the property. The property contains uplands, Section 404 Wetlands and Coastal Wetlands. The upland highground is vegetated with yard grass and native trees. Elevations on the property range from 0 to 14 feet above NWL. The property is located primarily in the AE floodzone, with highground areas located primarily outside of a floodzone. According to the applicant, the site has been a campground since the 1950's. Existing site improvements consist of recreational vehicle (RV) and camper sites, a campground store, three (3) single family structures, a bathhouse, a metal event building, gravel, asphalt and soil roadways, and associated septic improvements. Existing shoreline improvements consist of approximately 1,913 linear feet of bulkhead, 121 linear feet of breakwater, 397 linear feet of jetty walls, a small area of riprap, a 9 foot wide by 18 foot long boathouse at the channel terminus, RECEIVED Noah Cardin DgMrt,net¢ of Envhontnental QwIfty I DIN.slon of Coaxial Mangerrcnt J A N 2 5 2 U 19 Elizabeth City Office 1401 South Griffin Street. Suite 300 Elizabeth City, North Cardin 27909 2SZ2643907 DCM-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 5 eight (8) piers, and three (3) boat ramps. The eight piers include: a 4 foot wide by 72 foot long pier with a 12 foot by 10 foot terminus platform; a 6 foot wide by 150 foot long pier with a 20 foot by 20 foot terminus platform; a 4 foot wide by 32 foot long staging pier; a 4 foot wide by 72 foot long pier with a 24 foot by 12 foot terminus platform; a 4 foot wide by 224 foot long pier with a 16 foot by 16 foot terminus platform; a 4 foot wide by 76 foot long pier; a 3 foot wide by 32 foot long pier with a 10 foot wide by 23 foot long platform, and; a 2 foot wide by 20 foot long staging pier. The three (3) boat ramps include: a 15 foot wide by 40 foot long boat ramp; an 18 foot wide by 52 foot long boat ramp, and; a 9 foot wide by 24 foot long boat ramp. As indicated by the applicant, many of the piers and platforms have been damaged or destroyed in storms and all existing water dependent structures need repairs and/or replacement. Repair/replacement of all existing water dependent/shoreline structures; installation of a 4 foot wide by 50 foot long pier extension, a 4 foot wide by 25 foot long pier extension, a 3 foot wide by 6 foot long pier extension, and a 2 foot wide by 5 foot long pier extension, and; maintenance excavation of the 15 foot wide by 229 foot long access channel to a depth of -2.5 feet below NW are proposed. New bulkhead will be constructed 2 feet waterward th Remaining repair/replacement will take place in the same alignment of the existing bulkhead. existing development. Pier extensions will connect the replaced piers to uplands. The 50 foot long pier extension will connect to the 4 foot wide by 72 foot long pier with the 24 foot by 12 foot terminus platform, the 25 foot long pier extension will connect to the 76 foot long pier, the 6 foot long pier extension will connect to the 3 foot wide by 32 foot long pier with the 10 foot wide by 23 foot long platform, and the 5 foot long pier extension will connect to the 20 foot long staging pier. The depth of the access channel will match existing water depths at the waterward end of the excavation. Boat ramps will be poured on highground and pushed into place once hardened. Channel excavation will be accomplished from a barge with a long reach excavator and spoil will be placed in a sealed dump truck and taken to a 60 foot by 80 foot on -site upland disposal area located approximately 500 feet from the shoreline. The spoil will be surrounded by silt fence. The waters of the Currituck Sound in this area are classified SC NSW and Joint Waters and are closed to shellfish taking. Submerged Aquatic Vegetation (SAV) beds were observed growing on the east side of the project area. A review of historic and/or archaeological sites was not provided. Anticipated Impacts resulting from this project are expected to include: the dredging of 3,597 sq. It. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the filling of 5,220 sq. ft. of Public Trust Area/Estuarine Waters AEC, 876 sq. ft. of Estuarine Shoreline AEC, and 4,800 sq. ft. of Highground outside of an AEC; the shading of 4,544 sqft. of Public Trust Area/Estuarine Wates AEC, and;.the disturbance of .57 acre of Estuarine Shoreline AEC. No SAV or Coastal Wetlands will be excavated or filled. RECEIVED JAN 2 5 2019 DCM-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management Basis for Determination: MEMORANDUM Page 3 of 5 The subject properties are designated as "Limited Service" to the east and "Conservation" to the west on the Currituck County Future Land Use Map (FLUM); with Areas of Environmental Concern (AECs) also designated as "Conservation Areas" as indicated on Page 11-1. Section 404 wetlands are also included in the Conservation designation. The site is also located within the "Aydlett-Watedily-Churches Island" sub area. As indicate on Page 11-1, "(t)he purpose of the Conservation class is to provide for the long-term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The Conservation class should be applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features." Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". The following LUP policies may be applicable to this request: Public Access: Policy PA1, Page 9-3. "Public access to the sound and ocean waters of Currituck County is essential to the quality of life of residents and visitors, as well as the economy of the area. The County supports the establishment of ADDITIONAL PUBLIC AND PRIVATE ACCESS opportunities to the waters of Currituck County." Policy PA2, Page 9-3. "The County supports MANY FORMS OF "ACCESS" to the water, including scenic outlooks and boardwalks, boat ramps, marinas and docks, fishing Piers, canoe and kayak launches, and other means of access. Whenever possible, such facilities shall be designed to accommodate the needs of handicapped individuals." RECEIVED JAN 2 5 2019 DCM-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management Land Use Compatibility: Policy ES4, Page 9-6. "In approving new developments, Currituck County shall support the retention or creation of a vegetated buffer area along ESTUARINE SHORELINES as a simple, effective and low-cost means of preventing pollutants from entering estuarine waters. Exceptions to this requirement may include developments involving pre-existing man-made features such as hardened shorelines, ditches, and canals.... The County also supports CAMA use standards for all COASTAL SHORELINES, whether estuarine or otherwise." Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependent (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." Policy ES6, Page 9-6. "The location and design of piers and docks shall not unduly interfere with the rights of the public to the free and unobstructed use of PUBLIC TRUST WATERS for navigation, fishing, and other uses. Efforts to limit the length of piers into public trust waters shall be supported." Natural Hazard Areas: Policy NH1, Page 9-16. "The County recognizes the risks to fife and property that exist within SPECIAL FLOOD HAZARD AREAS (i.e. areas having a 1 % chance of flooding in any year) that may be inundated during major storm events. The County will continue taking measures to mitigate these risks and will avoid taking any action in these areas that materially increases risks to life and property." Policy NH2, Page 9-16. "The County shall require development and redevelopment within SPECIAL FLOOD HAZARD AREAS to meet the standards of the National Flood Insurance Program and the County's Flood Damage Prevention Ordinance..." MEMORANDUM Page 4 of 5 RECEIVED JAN 2 5 2019 DCM-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management Policy NH8, Pages 9-16 and 9-17. "Currduck County encourages owners of PROPERTIES ALONG ESTUARINE SHORELINES to employ the least hardened approach to shoreline stabilization (i.e. marsh grass favored over riprap favored over bulkheading, etc.), provided that reasonable access is available to install the technology available." Water Quality: Policy WQ3, Page 9-17. "Currituck County supports policies, plans and actions that help protect the water quality of the county's estuarine system by preventing SOIL EROSION AND SEDIMENTATION, and by controlling the quantity and quality of STORMWATER RUNOFF entering the estuary." Local Countywide Concerns: Policy HP4, Page 9-20. "The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC AND ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged." MEMORANDUM Page 5 of 5 RECEIVED JAN 2 5 Z019 DCM-NlHD CITY ROY COOPER c MICHAEL & REGAN serrerary LINDA CULPEPPER kWrtm DtrecW 85° and Sunny, LLC ATTN: James Baeurle 9919 Stephen Decatur Highway Ocean City, Maryland 21842 NORTH CAPOLINA �ut+nmererarQuality December 7, 2018 DWR Project # 1989-0222 v2 Currituck County Subject: NO WRITTEN CONCURRENCE REQUIRED 1588, 1566 and 1631 Waterlily Road, Parcel 007900000020000 (Hampton Lodge Waterfront Campground) — Replace 9 piers; extend 3 piers; replace breakwater, bulkhead, jetties and a boathouse; maintenance -excavate a 229' x 15' and 18' x 9' boat basin channel in Currituck Sound Dear Mr. Baeurle: The Division of Water Resources (DWR) has received a copy of your LAMA Major application request. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4144 (GC4144), the impacts described in your application do not require written authorization to utilize GC 4144. However, you are required to follow the'conditions listed in the attached certification. Yop should get or otherwise comply with any other federal, state and local requirements before you go ahoad with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as prAded in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httP://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday official state holidays). tween 8:00am and 5:00pm, excluding RECEIVED North Carolina Department Of Environmemal Quality, Division or Water Resources - WashingtonRegionalOffice JAN 25 2019 943 Wnshington Square Mail, Washington, North Carolina 27889 252-946-648I DCM-MHD CITY The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Chris Pullinger at 252-948-3922 or chris.oullingerOncdenr gov if you have any questions or concerns. Sincerely, IJAW1 " David May, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC4144 Certification of Completion cc: Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail) Jonathan Howell, DCM Washington (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Troy Murphy, Quible & Associates, P.C. (via e-mail:tmurphy@quible.com) DWR WaRO 401 files Laserfiche �Ei North Carolina Department ofErtvironmental Quality 4 ivision of Water Resources- Washington Regional Office RECEIVED 943 Washinglon Square Mall, Washington, North Carolina 27889 232-946-6481 JAN 2 5 619 DCM-MHD CITY STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4144 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT ACT), • NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), • NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND • WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048, 198700056, 197800080, 197800125 AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4144 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: December 1, 2017 Signed this day: December 1, 2017 M for Linda Culpepper Interim Director RECEIVED JAN 2 5 2019 DCM-MHD CITY GC4144 Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division Of Water Resources (DWR): a) If any of the Conditions of this Certification (listed below) cannot be met; or b) Activities authorized by CAMA permits, except for activities authorized by CAMA General Permits 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500, 2600, and 2700, provided the following criteria are met for the activities listed below: i) Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; ii) Shoreline protection measures (excluding living shorelines/marsh sills) that (1) tie into existing bulkheads, land or other shoreline protection measures or (2) do not extend waterward of the normal high water or normal water line more than 10 feet, provided the activity will not involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries) and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; iii) Living shorelines/marsh sills where (1) the landward edge of the sill does not extend waterward of the normal high water or normal water line more than 30 feet, (2) the activity will not involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries), and (3) does not result in any fill landward of the toe of the sill alignment, provided the Division of Coastal Management representative submits a copy of the written authorization for the General Permit to the Division upon issuance; or iv) Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A NCAC 02B.0225(7) & (8)) and where the water depth is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable); v) Maintenance dredging of less than 0.5 acres of open water or non - vegetated wetlands, provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds are excavated or filled; vi) Projects that involve only shading of waters or wetlands that do not meet the criteria listed in item (v) above; vii) Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as all impacts are temporary; viii)Upland development which involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands, with the exception than no Page 2 of 12 RECEIVED JAN 2 5 2019 DCM-MHD CITY GC4144 more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project shall be considered, which may include boat ramps, bulkheads or other shoreline stabilization measures; and ix) Single family home construction that results in fill of 404 jurisdictional wetlands as long as written concurrence is not required from DWR for the applicable US Army Corps of Engineers Nationwide Permit; or c) Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48, provided the Division of Marine Fisheries (DMF) Lease Program submits the proposed site map and investigation report to DWR for comment prior to the DMF Director's recommendation on the application for public notice or denial; or d) Any stream relocation or stream restoration; or e) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which: i) Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii) Proposes permanent wetland, stream or open water impacts; and iii) Proposes new built -upon area; and iv) Does not have a stornwater management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater prograri Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally - implemented stormwater programs through use of community in -lieu programs require written approval; or f) Any impacts except shading to SAV or significant shellfish resources as identified by the (DMF); or g) Any impacts Unique Wetlands (UWL); or h) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or i) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless: i) The activities are listed as "EXEMPT" from these rules; or ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES ' e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 3 of 12 RECEIVED JAN 2 5 2019 DCM-MHD CITY GC4144 iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval. I. ACTIVITY SPECIFIC CONDITIONS: 1. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796-7215) Regional Office, as applicable, are notified and provide approval prior to the release. [15A NCAC 02B .02211 If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the applicant that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide evidence that the parcels are buildable without requiring additional impacts to wetlands, waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)] 3. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)] 4. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)] 5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. [15A NCAC 02H .0506(bx4) and (c)(4)] 6. For living shorelines, the permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but is not limited to, the immediate installation of silt fencing, turbidity curtains or similar appropriate devices around all areas subject to soil disturbance. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC 02H .0506(b)(4) and (c)(4)] Page 4 of 12 RECEIVED JAN 25 Yili9 DCM-MHD CITY GC4144 7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission (WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF) personnel. [15A NCAC 02B .0221] For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high- density projects that trigger threshold Item (0 above shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and (cX5)] a. Provide a completed Stormwater Management Plan (SMP) for review and approval, including all appropriate stormwater control measure (SCM) supplemental forms and associated items, that complies with the high -density development requirements of 15A NCAC 02H .1003. Stormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2Xa), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Provide documentation (including calculations, photos, etc.) that the project will not cause degradation of downstream surface waters. Documentation shall include a detailed analysis of the hydrological impacts from stormwater runoff when considering the volume and velocity of stormwater runoff from the project built upon area and the size and existing condition of the receiving stream(s). Exceptions to this condition require application to and written approval from DWR. It. GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .05021 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .0502] No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200] In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory mitigation may be required for losses of greater than 300 linear feet of perennial streams and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a dam shall not require mitigation when the removal complies with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina RECEIVED Page 5 of 12 JAN 2 5 2019 DCM-MHD CITY GC4144 General Statutes. Impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 300 linear feet per perennial stream. Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200] Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-ll, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this RECEIVED Page 6 of 12 JAN 2 5 2019 DCM-MHD CITY GC4144 Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .0502] 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02B .0201] 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .0506(bx5) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(bx5) and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10.If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506(b)(2) and 15A NCAC 046 .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the Page 7 of 12 RECEIVED JAN 2 5 2019 DCM-MHD CITY GC4144 stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)l Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic fife. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as, a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. RECEIVED Page 8 of 12 JAN 2 5 2019 DCM-MHD CITY GC4144 12.13ridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. —Exceptions to this condition require application to and written approval from DWR. [15A NCAC O2H .O5O6(b)(5)] 13.Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC O2B .0200 and 15A NCAC O2B .0231 ] 14.If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC O2B .0200] 15.All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC O2H .O5O6(b)(2) and (c)(2)] 16.All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC O2H .O5O6(b)(2) and (c)(2)] 17.Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC O2H .O5O6(b)(2)] 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC O2H .O5O6(b)(2)] RECEIVED Page 9 of 12 JAN 2 5 2019 DCM-MHD CITY GC4144 19.Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 20.AII mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22.In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23.If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency [15A NCAC 01 C .0107(a)] 24.This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. 25.The applicant and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If DWR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] RECEIVED Page 10of12 JAN 25 2019 DCM-MHD CITY GC4144 26.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 Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 27. When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website https://edocs.dea.nc.00v/Forms/Certificate-of- Comoletion). [15A NCAC 02H .0502(f)] 28.Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 29.If the property or project is sold or transferred, the new permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] III. GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). 2. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in Page 11 of 12 RECEIVED JAN 2 5 2019 DCM-MHD CITY GC4144 effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded. History Note: Water Quality Certification (WQC) Number 4144 issued December 1, 2017 replaces WQC 4097 issued March 6, 2017; WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000, WQC Number 3112 issued February 11, 1997, and WQC Number 3025 issued September 6, 1995. RECEIVED JAN 2 5 2019 Page 12 of 12 DCM-MHD CITY NORTH CAROLINA ROY COOPER Environmental Quality 6ovrmor MICHAK S. RECAN Secretary LINDA CULPEPPER Interim Director DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent modifications,. the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these Applicant's Certification cation hereby state that, to the best of my abilities, due rare and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules,the approved plans andspecifications, and other supporting materials. Signature: Date: Agent's Certiftation I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and /or Buffer Rules, the approved plans and specifications, and other supporting materials.. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and Intent of the 401 Water Quality Certification and/or Buffer Rules, the approved. plans and speciftcations,.and other supporting materials. Signature: Registration No. Date RECEIVED AN 25 North Carolina Deparmient of Environmental Quality Division VofWater Resources- Washington Regional Qfr" e_MI„ID CITY 943 Washington Square Mall, Washington, North Carolina 27889 DIUM 252-946-6481 Quible Quible & Associates, P.C. P.O. Drower 870 ENGINEERING • ENVRONMENEAL SCIENCES • PLANNING • WRVEVMG pfFY FkK* NC 27949 SINCE 7959 Pho :252-491-8147 F=252-491-8146 web: quUe.c November 12, 2018 Lyn Hardison 943 Washington Square Mall Washington, NC 27889 RE: Hampton Lodge Waterfront Campground — CAMA Major Express Application Watedily Rd, Coinjock, Currituck County, NC Ms. Hardison: Please find enclosed, the Express CAMA Major Permit application package for the Hampton Lodge Waterfront Campground. Enclosed is the following: • MP-1 • MP-2 • MP-4 • Project Narrative • Copies of Adjacent Riparian Letters • Copies of Green Cards • Agent Authorization • CAMA Plan Set (26 Copies) If you have any questions or if you need any additional information, please contact me at 252.261.3300 or at tmurohy@quible.com Sincerely, Q4rurphy ible & Associates, P.C. � CC: File 85 and Sunny LLC RECEIVED JAN 2 5 2019 DCM-MHD CITY Hampton Lodge Waterfront Campground ��� CAMA Major Narrative J Existing Conditions The Hampton Lodge Waterfront Campground is a 470.86-acre (20,510,844 square feet) property comprised of four parcels located at the north end of the Waterlily peninsula in Currituck County. The property has been a campground since the 1950's and has recently been acquired by 85° and Sunny, LLC. Existing features on the property include a campground store, bath house, three single family residences, an activity building, RV sites, and gravel, asphalt, and soil roads. In addition, there are several water dependent structures including bulkheading, breakwaters, piers and platforms, a boat house, and three boat ramps. All water dependent structures are in need of repairs and/or replacement. Some of the water dependent structures have been maintained under general permits in the past. But, an overhaul of all existing structures is necessary to restore them to working order for safe use. Proposed Work Proposed work requiring a CAMA Major permit includes, repair/replacement of all existing water dependent structures currently present and the addition of three pier extensions. A total of 1,913 linear feet of bulkheading and 121 linear feet of breakwater located along the northern and eastern shorelines is proposed. The bulkhead will be installed an average of two feet waterward of the existing bulkhead. Solid jetty walls leading into the existing basin on the east side of the property are proposed to be replaced, totaling in 397 LF. The existing 18 linear feet long by 9 feet wide boat house at the boat basin is proposed to be replaced as well. The proposed boat house will have 1/2 walls, with a doorway cut out along the back wall with a 2ft wide walkway inside the boat house. The channel in between these existing jetty walls and the existing boat basin have filled in to a depth too shallow to use. Dredging is proposed to bring the channel and basin back to connecting water depths at the end of the channel is -2.5 ft (NWL), approximately 127 cubic yards of material is proposed to be removed using a long reach excavator and barge. Material will be transported from the barge to a sealed dump truck and placed in an upland spoil disposal area with silt fence containment. A total of eight existing piers are proposed to be replaced. Piers, located on the north side and east side of the property, have dimensions as follows (number corresponds to attached CAMA plans); 1) 72 linear feet long by 4 feet wide with a 12 feet by 10 fe rm, 2) 150 linear feet long by 6 feet wide with a 20 feet by 20 feet platform, id�@1► T Ag by 4 feet wide, 4) 72 linear feet long by 4 feet wide with a 24 feet by 12 feet platform, with a proposed 50 linear feet by 4 feet pier extension to re -connect the existing pier to %rja(t®N5) 224 linear feet long by 4 feet wide pier with a 16 feet by 16 feet platform. On the est side of property along the existing canal, pier dimensions are as follows; 6) 76 line �tO�eet wide pier with a 25 linear feet long by 4 feet pier extension to reconnect to u s, 7) 23 feet long by 10 feet wide platform, 8) 32 linear feet by 3 feet wide pier with a 6 linear feet by 3 connection to uplands, 9) 20 linear feet long by 2 feet wide staging pier with the addition of a 5 linear feet by 2 feet extension. Many of the piers and platforms have been damaged or destroyed in storms and have not been repaired due to inadequate funds. Many of the piers and platforms missing components can be seen on 2008 aerial imagery. Three existing boat ramps onsite are to be replaced. All three of which are concrete, one on the north side and one of the east side of the property and one at the head of the existing canal. The new ramps will be poured and cured on land and then placed into the water once ready. No live concrete will be placed within the water. RECEIVED JAN 2 5 2019 DCM-MHD CITY Hampton Lodge Waterfront Campground CAMA Major Narrative a SAV Survey A cursory SAV survey was conducted by Quible on September 7, 2018. A general delineation was completed of the SAV beds because beds were dense and dominating the majority of the area, no transects were conducted. There was no rooted SAV present within the proposed dredge area between the existing jetties. The canal dredging has been designed to avoid SAV impact by stopping before the beds begin. SAV outside of the dredge area is 100% coverage consisting of Wild Celery and Widgeon Grass. All though the Currituck Sound is listed as SAV habitat, the proposed dredge area does not have any rooted SAV present. The substrate of the canal consists of dense unconsolidated muck with some areas of sand. Purpose and Need All proposed work is necessary to bring the existing water dependent structures back to working order. The new owners of the Hampton Lodge Waterfront Campground are planning to revitalize the campground and all proposed work is necessary to stabilize the shoreline and provide safe access to the Currituck Sound for the visitors to Hampton Lodge Waterfront Campground. 9W 61 NON a3ni3a3a RECEIVED JAN 2 5 2019 DCM-MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) is the docking facility/marina: ®Commercial ❑Public/Govemment ❑Private/Community c. (1) Dock(s) and/or pier(s) (11) Number 9 (III) Length See section 8 (iv) Width See section 8 (v) Floating ❑Yes ®No e. (1) Are Platforms Included? ®Yes ONO If yes: (if) Number 5 (iii) Length (1)12 ft (2) 20 ft. (3) 24 ft. (4) 23 ft (5) 16 ft (iv) Width (1) 10 ft (2) 20 ft. (3) 12 ft . (4)10 ft (5) 16 ft (v) Floating []Yes ®No Note: Roofed areas are calculated from drfplfne dimensions. g. (i) Number of slips proposed 0 (11) Number of slips existing 1 (boathouse) I. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel []Open water; no dredging required []Other; please describe: r� is k. Typical boat length: -20 ft m. (1) Will the facility have fie pilings? []Yes ®No (if) If yes number of be pilings? ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes ❑No d. (!)Are Finger Piers included? []Yes ®No If yes: (if) Number (III) Length (Iv) Width (v) Floating ❑Yes []NO f. (I) Are Boatliftsincluded? []Yes ®No If yes: (ii) Number (III) Length (iv) Width In. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ('wet slips") only, number of slips: 1 (boathouse) ❑ Dry storage; number of boats: ® Boat ramp(s); number of boat ramps: 3 ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). ,,yet) Skiffs and duck huntina bog& CE� v E N0� 19 2018 pCMWAIRO I. (1) Will the facility be open to the general public? ®Yes ❑No RECEIVED JAN 2 5 2019 2524303-2803 I�d iS-AACOAST wrww_.r?.c coagia3mana_gena2nt,n t revised; 12 27'06 FC: to DCiVI MP-4 (Structures, Page 2 of 4) '"' 2. DOCKING FACILITYAWARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be contmlled? e. (1) Give the location and number of 'No Sewage Discharge" signs proposed. (if) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑vas ❑"° j" J JAN 2 5 2019 IiMAM-D nolr} •cViS?2! 12.27.'v'b 'evf11 DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ■ tt55 OA'' ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (indudiing covered tuts) ❑This section not applicable a. (i) Is the boathouse stmcture(s): ❑Commercial ❑Public/Govemment UPrivate/Community (11) Number 1 (III) Length 18 (iv) Width 9 Note: Rooted areas are calculated from ddpline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ❑This section not applicable a. (1) Number 2 (11) Length 170 and 2-27 (III) Width 1ft 5. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable a. Length 121 LF b. Average distance from NFW, NWL, or wetlands 2ft c. Maximum distance beyond NHW, NWL or wetlands 2ft 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community a Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, H present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) e. Arc of the swing RECEIVED JAN 252019 m DCM-MHD CITY 252.$M-28)8:!1.333-441COAST: wr �, .v.ncco _,I:na:�agame:rt,nei r_' d;-!2. s'v+i 'Ao:m'DCM MP-4 (structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Approximatley 330 It to the south on the east side of the property and approximately 4,425 on the west side. Note. For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 3.46 miles e. (I) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of stnxcture(s) to adjacent docking facilities. Approximatley 820 it from the esxisitng south eastern most pier. No adjacent structures on the western side of the property. d. Water depth at waterward end of stmeture at NLW or NW L 4.0' & OTHER p This section not applicable a. Give complete description: Existing piers to be repaired/replaced: (1)72 LF by 4 FT with 12 FT by 10 FT platform, (2)150 LF by 6 FT, (3)32 LF by 4 FT, (4) 72 LF by 4 FT with 50 LF by 4 FT extension (5) 224 LF by 4ft (6) 76 LF by 4 FT with a 25 LF by 4 FT pier extension, (7) 23 FT by 10 FT wide platform and a (8) 32 LF by 3 FT pier with a 6 LF by 3 Ft connection to uplands, (9) 20 LF by 2 FT staging pier with 5 Ift by 2 ft pier extenstion to reconnect to uplands. // /2 / Date Project flame " --�_— T�Y c�— Applicant plicant Knature 1. V RECEIVED JAN 2 5 200 Dr.M-MHD CITY "lS 3Jt�-2'.i i':$ :1,833-4P.COAST:: rev�Sgch 127.T, 06 ROY COOPER Govenwr MICHAEL S. REGAN smetury BPAXTON C. DAVIS Director 85 and Sunny, LLC c/o James Baeurle 9919 Stephen Decatur Highway Ocean City, MD 21842 Dear Mr. Baeurle, NORTH CAROLINA Env&onm totl QuaUty November 19, 2018 The NC Division of Coastal Management hereby acknowledges receipt of an application on behalf of 85 and Sunny, LLC c/o James Baeurle for State approval for the extension of 3 piers as well as the replacement of 8 piers, 121' feet of breakwater, 1,913' of bulkhead, 397' of jetties, an 18' x 9' boathouse and the maintenance excavation of a 229' x 15' channel. The site is located at 1555, 1566 and 1631 Waterlily Road in Coinjock, adjacent the Currituck Sound, Currituck County,_. North Carolina. It was received as complete on November 19, 2019 and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program. Underthis expedited process, the projected deadline for^' making a decision will be around December 19, 2018. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. Sincerely, Jonathan Howell DCM Express Permit Coordinator Washington Regional office Enclosure Cc: Doug Huggett — Major Permits Coordinator, Morehead City, DCM Frank Jennings — District Manager, Morehead City, DCM D _GQ�1� JAN 2 5 2019 [ACM-MHD CITY North Carolina Department of ErMronmental.Quaky l Dtv$*Aot:CbMGU1WXWgettbMt Washington office 1 943 Washington Square Mall I W15IWt9thM North C Una 27889 994d6Ad l DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: 85 and Sunny, LLC Go James Baeude 2. LOCATION OF PROJECT SITE: Project site is located at 1555,1566 and 1631 Waterlily Road in Coinjock, adjacent the Cunituck Sound, Currituck County, North Carolina. Latitude: 36°25'25.50"N Longitude: 75°55'32.00"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/16/18 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received— 11/19/18 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP — Limited Services/Conservation (B) AEC(s) Involved: PTA, EW, ES (D) Water Dependent: Yes (D) Intended Use: Campground (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing — Campers/piers/bullhead/buildings/boatramps/breakwaters Jetties/boathouse Planned - Same (G) Estimated Annual Rate of Erosion: Unknown HABITAT DESCRIPTION: [AREA] DREDGED FILLED 1Tir:�7 (A) Vegetated Wetlands N/A N/A N/A (B) Open Water 3,435 ft' (Channel) 397 ft' (Jetties) 121 ft' (Breakwater) 4,544 W(Shaded - Piers) 162 ft' (Boathouse) 876 ft' (Boatramp) 3,826 ft' (Bulkhead) (C) Highground 4,800 ft' (Spoil) 24,869 ft- (Disturbed - Bulkhead) 876 ft' (Boatramp) (D) Total Area Disturbed: 43,906 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC NSW Open: NO RECEIVED JAN 2 5 2019 8. PROJECT SUMMARY: The applicant proposes the landward extension of 9C 4AM62�ITats the replacement of 9 piers, 121'feet of breakwater, 1,913' of bulkhead, 397' of jetties, an 18' x 9' boathouse and the maintenance excavation of a 229' x 15' channel on the Cumtuck Sound. . 85 and Sunny, LLC Currituck Sound Currituck County Project Setting This project is being process through the EXPRESS PERMIT process. This property has received multiple CAMA Major and CAMA General Permits starting in 1980. These permits authorized the channels, bulkheads, breakwaters, boatramps, jetty and boathouse. The project site has (4) separate parcels totaling approximately 470 acres located at 1555, 1566 and 1631 Waterlily Road, with the 4' parcel listing a parcel ll)# of 007900000020000, in Coinjock, adjacent the Currituck Sound, Currituck County, North Carolina. Existing development on the parcels consist of RV and camper sites, a campground store, (3) single family residences, a bath house and a large metal event building. The highground vegetation is yard grass and native trees. The (4) parcels have a combined total shoreline length of approximately 24, 470 feet. The northern portion of the property transitions from highground to ACOE 404 wetlands with an area of coastal wetlands consisting of Spartina cynosuroides. The eastern portion of the properties have the same transitional wetland areas with an approximately 110' x 160' area of coastal wetland vegetation consisting of Scirpis spp, Typhia spp. and Spartina cynosuroides. The western portion of the tract transitions from highground to ACOE 404 wetlands with large expanses of coastal wetlands consisting of Scirpis spp, Typhia spp., Juncus reomerianus and Spartina cynosuroides. The elevation of the property ranges from 0' NWL to 14' NWL. Starting on the north side of the property there is 121' feet of breakwater protecting an area of wetlands. East of this breakwater is 228' of bulkhead that terminates at a 40' x 15' boatramp. At the location of the boatramp there is a 72, x 4' pier with a 10' x 12' platform (pier 1). Water depths at this location are approximately -3'-4' NWL. East of the boatramp is 1387' of bulkhead. Serving this portion of the campground located on the northern shoreline is a 150' x 6' pier with a 20' x 20' platform (pier 2) with steps on the landward side of the platform. Water depths at this location are approximately -4' NWL. This section of bulkhead terminates at another boatramp that is 52' x 18' with a 32' x 4' staging pier (pier 3). Water depths at this location are approximately -2'-4' NWL. To the east of this boatramp and staging pier is an additional 212' of bulkhead. Now on the eastern shoreline of the property, there is a 72' x 4' pier with a 24' x 12' platform (pier 4). There is SAV at this location from the shoreline to the terminus of the pier. Approximately 500' south of this pier is a 229' x 15' x -` 1.5 NWL access channel. The channel is protected on the north and south side by a 170' and 227' jetty respectively. At the landward end of this channel is an existing 18' x 9' boathouse and 86' of bulkhead. South of this channel is a 224' x 4' pier with a 16' x 16' platform (pier 5). There are no SAV located in the channel. Water depths at the end of the pier is approximately -2.5' NWL. The remaining development is located on the west and south side of the property. There is an open water, man-made gut approximately 1,500' in length that bisects this portion of the property and runs east and west. At the waterward end of this gut is 24' x 9' boatramp and a 20' x 2' staging pier (pier 9). Water depths at this location are approximately -2'- 3' NWL. On the south shoreline of this feature is a 32' x T pier (pier 8) with a 23' x 10' platform (pier 7) and a 6' x 3' walkway to uplands. Water depths at the location of pier #7 and #8 are RECEIVED UAN 2 5 2019 approximately -1-2' NWL. At the waterward end of the gut is a 76' x 4' pier (pier 6). Water depths in this location range from 1'-2' NWL. There is a small area of riprap on this shoreline. In the vicinity of the proposed project, there is one residential property with a pier. There is also a single-family subdivision 1 mile south with multiple residential piers on the shoreline. The Division of Water Resources classifies this area as SC waters. The waters are joint waters and are not a Primary Nursery Area The Currituck Sound is closed to the taking of shellfish and no shellfish were observed in the area. The Currituck County Land Use Plan classifies this area as Limited Service Areas with the AEC's being designated as conservation. There is SAV on the east side of the property. There was no SAV found on the north and west side of the property. The water body is >1 mile wide on the north, east and west side. The man-made gut on the west side of the property is approximately 35' wide with the landward 60' being approximately 60' wide. Project Description A pre -application scoping meeting was held for this project on October 24, 2018 in the Washington Regional Office. The applicant proposes to replace the 9 piers and platforms, 3 boat ramps, 2 jetties, breakwater, bulkheads and boathouse as referenced earlier. A 50' x 4' extension to the landward end of pier 4, a 25' x 4' extension to the landward end of pier 6 and a 5' x 2' extension to landward end of pier 9 is proposed. The boatramps will be poured on hig ground and pushed into place once hardened. The 1,913' of bulkhead will be constructed 2' waterward of the existing bulkhead. The remaining development will take place in the same alignment as the existing development. The existing 229' x 15' access channel will be deepened from -1.5' to -2.5' resulting in the removal of approximately 127 cubic yards of material. This depth will match the existing water depths at the. waterward end of the excavation. There is no SAV located in the dredge footprint. The excavation will be accomplished from a barge with a long reach excavator with the spoil material being placed in a sealed dumptruck and taken to the upland disposal area measuring 80' x 60' as shown on sheet 4 of 8 (inset). The spoil area will be surrounded by silt fence and can accommodate the amount of material proposed to be excavated. Project Impacts The redevelopment of the campground will disturb 43,906 ft2 total. Construction of the bulkhead will fill 3,826 ft2 of open water and disturb 24,869 ftz of highground. The boatramps will fill 876 ft2 of open water and 876 ftz of highground. The breakwater will fill 121 ft2 of open water and the jetties will fill 397 ft2 of open water. The channel and boat basin maintenance will excavate 3,597 ft2 of open water with the disposal of spoil filling 4,800 ft2 of highground. Localized turbidity will occur during construction of the in -water work, but will be temporary. No SAV or Coastal Wetlands will be excavated or filled. Jonathan Howell— Washington Regional Office— November 20, 2018 RECEIVED JAN 2 5 2'U'19 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT EXPRESS PERMIT REVIEW PROGRAM The Department of Environmental Quality hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on November 19, 2018. According to said application, 85 and Sunny, LLC c/o James Baeurle proposes to extend 3 piers as well as replace 8 piers, 121' feet of breakwater, 1,913' of bulkhead, 397' of jetties, an 18' x 9' boathouse and maintenance excavate a 229' x 15' channel. The site is located at 1555, 1566 and 1631 Waterlily Road in Coinjock, adjacent the Currituck Sound, Currituck County, North Carolina. A copy of the entire application may be examined or copied at the office of the North Carolina Division of Coastal Management, 943 Washington Square Mall, Washington, NC 27889, during normal business Hours. Public comments received by December 14, 2018 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on. further review and comments. Notice of the permit decision in this matter will be provided upon written request. Jonathan Howell Express Permit Coordinator 943 Washington Square Mall Washington, North Carolina 27889 252-948-3851 PLEASE PUBLISH ON: November 24, 2018 RECEIVED JAN 2 F 2019 DCM-MHD CITY RE: Hampton Lodge Waterfront Campground 85Q And Sunny, LLC CAMA Major Permitting — Hampton Lodge Waterfront Campground Coinjock, Currituck, County, North Carolina As a representative of 850 And Sunny, LLC (Property Owners),1 authorize Quible & Associates P.C. (Consultant) to act as agent for the purpose of CAMA Major Permitting, including all other accompanying State and Federal Permitting required. Aldtiorized Signature Name 1.Q1 4F- 4el- Date: aEceNeD 0 1 g J0Nt 00A W ARO RECEIVED JAN 2 5 2019 DCM-MHD CITY NOTI(01*174A CAMA PERMIT APPLIED FOR Re ice ,9) piers . Ex+end (3) (tiers and Woad• Rep►ace tne&Nwater, COMMENTS ACCEPTED THROUGH VA , Qw% APPLICANT: _Wand 3unA4 , C, C, o Some& 'Bokeurl4t MlA Steg►nen Decatur Nwy- ocean Citu .MID a174�, la 0 w �72 N H_ U W N = Lu X Q 1 U U FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: S'onai-4►an Rowe ElDc2SS Vermi+ CoordinaA-or 943 wc&a )ina-ha s"r, (Mail WOLSbinckun Nc 0899 (a5a) R%1 %- 3a5) - "'This is a word processing form to be completed in Microsoft Word" NC D/vlsibn of Coastal Management Major Permit Application Computer Sheet (I M1/2012) L'VPtcam: & S• w ow d& Sawn I- I. C_ C/ 1, eta etas Date: I Prorect Sdwr .d„ n Qgcttc la _ I ansmcc Unrraoesl �n'ook,WQM,• �owv_kk ❑Morehead City nl / Date ofinfia/ application submittal (E)C.• 1A?@007): 11 t 19 Date application iaceived es complete -in the Field duce (EX lfflaW7): PermitAuthodzation: ;CAM ,Dredge & Fill Both rrvA: Lives U9No Photos Taken: Yes No ® ❑ Setback Required (riparian): ❑Yes �No Critical Habitat. Yes o Not Sure 15 fool waiver obtain ed.• ❑Yes o Hazard Notficatan Returned: ❑Yes []No 9 /A sAv.- Yes ❑No ❑Not sure Sheu Bottom: ❑yes No Not Sure Temporary Impacts: Yes No Sandbags: Yes No Not Sure Did the land use dass&abon come from Mitigation Required (optional): (J /A oouniy LUP.g Yes ❑No ❑Yes ®No Moratodum Condiitions Yes No DNA Environmental Assessment Done: ❑Yes ❑No®NA er r 1,r ��,.;�k_uu�� ^;t:-OPTIONAL(choose MAXd4) Future Water Supply (FWS) Numem Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQIM ❑ Outstanding Resource Waters (ORIM grass altemil/ora) __ -- a--- I" c _ ynosum/des grass (DrsbchLs I ❑ (SC) BuAntsh or three square (Sdrpus ❑ (TY) Cattail (Typha sp.) en I -- —� U wrr aammeanow grass (spamna roemerianus) path) LJ lll(A)Private w/D&F up to 1 acre; 3490 lll(0) Priv. public or comet w/D&F to 1 can be applied - $250 ade; 3490 can? be applied - $4W Modificafioh to a CAMA Major 100 Major ModfiCation to a CAMA Major IV Any development involving D&F of permit - $250 more than 1 acre - 5475 Transfer• $100 Onva ❑ lll(B) Public or commentia/ w/D&F to 1ss Permit - $2000 acre; 3490 can be applied _ $4Wevelopmentextensionrequest- ❑IL"Nicorcommemia!/imdmdgeand/orfiu-$4W RECEIVED te no dredge and/orfill - $250 ❑ lll(C) Pirv. public or Comm w iD&F to 1 acre; 3490 can be applied, DCM needs DWQ JA N $ 5 2019 agreement - $400 UUM-MHU U I Y O Ng LIZO PaS!AW AIID 0HW-MG 177 (�q 61OG 7 U (� I , L ,rG N❑A® A1lu!m a 0 -"m MaN r oZ N❑A® ®linen �a�d aoaWaM )PoA4MON 9� l� NOAN ElW.mn 1t 1 aoaldaa *iW Maly / 1 a17e1 Vom meN 0 Z/ hx N❑AJU 194a!ely w1�o�.4�01d 83WOW rl 4KM MON h L N❑AN Itu!IBiY ) }` !7!C1 8-'008 l 0 WoM MON N❑AER ®wBw Jgl� waldaN 410m MON , Q � 0 N ❑ A ® 1$ linen w rod }bl d aoepetl 410m MW N❑A® f9mim Welft *10m Mary N❑A91 29lumn W WOU ❑ POM MaN N❑A® ©lulew eoepea voM Maly N❑A❑ El Pen I eoeldey 0 WOM MeN Y O%1 N❑Aft] 9Pan I a\ e061ft El *'Om MON Q Q N W A ❑ linen 1 1 7 swift WMMON (y 1tisn�St(i h ► i b I N❑ A 0 weldse >�JuRn Mf VMS I N❑ A 0 ® Ju1e v ( -*+wm-AV949 weld6W )l1oM MeN ,i h r N❑ A® ® Peyy I Fbo� WONSH 0 *VM MON N❑AuIN I�lwew 1 d' + of w o..o,..op Ll *AlM MON S.1 , Q /' L N❑ A la gg Jwely I Gj sm0a21 NwM Met 1 Q Q' N ❑ A ❑ 19IQMJV f eoeWga ❑)poM M" leva N❑ A m Jg/aN 1 y � 1✓ iii%i�/ soeldaa ❑ )POM MON (/ r u018ualulp £ uolsuawl p Z uolsuawlp uo/suawlp quo asooyl quo asooyD iaglunly 33VIdMi 3dAl 70ags gpoo sapingo y Jn0A ul puny;ualuainsealu to shun pue 'japio uolsuawlp a(n galew pinogs sanlen p y poi paydde uaeq aneg Ieq) S3llIAI_LD / OW Molaq aquosap alep lueslldd y OW Applicant. Date: 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 Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One Qla��o�nn New Work ® oN IDS *23 Q l New Work Replace , /� 6 I N - I e c Maint ® CO Y❑ N / N`p"0 t New Work ® Replace 14 13 13 c Maint ❑ ❑ Y [19.N New Work Lj Replace - Maint ❑ ❑ Y ❑ N New Watt Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wak ❑ Replace _ Maint ❑ ❑ Y ❑ N _ New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Wak❑ Replace Maint ❑ ❑ Y ❑ N New Wak Replace. Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wak Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Ej Replace Maint ❑ ❑ Y ❑ N New Work Ej Replace Maint ❑ ❑ Y ❑ N New Work Replace Maim ❑ ❑ Y ❑ N NewWak Repave Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wak Replace Maint ❑ ❑ Y ❑ N New Work Replace Will❑ ❑Y❑N New Work Replace Maint ❑ ❑ Y ❑ N New ~U Replace Maint ❑ ❑ Y ❑ N JAN 2 5 2019 nCM-MHD CITY rsoleed 02MGM0 Applicant: Date: Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. `- - DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total includes any anticipated restoration or temp impacts) RNAL Sq. Ft (Anticipated final disturbance. Excludes any restoration and/or temp impact amounQ TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or lerrin impadjs FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount f7 w«Aer Dredge M Fff ❑ Both ❑ Other ❑ Peon %-WtAc Dredge ❑ FM ® Both ❑ Other ❑ D oP �,4�k� Dredge ❑ Fill ❑ Both ❑ Other � /J N rsNl N 1 k t 9 Dredge ❑ Fill ® Both Other C+O Nlg lr Dredge ❑ Fill ❑ Both ❑ Other ® 4, b� Dredge ❑ FW ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ FM ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ FR ❑ Both ❑ Odw ❑ Dredge ❑ FIT ❑ Both ❑ Other ❑ Dredge ❑ FI ❑ Both ❑ Other ❑ Dredge ❑ Fd ❑ Both ❑ Mar ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ RECEIVED JAN 2 5 2019 DCM-MHD CITY DCM MP-1 APPLICATION for Major Development Permit Ia. (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name BY And Sunny, Llc. Project Name (if applicable) Hampton Lodge Waterfront Campground Applicant 1: Rrst Name James MI Last Name Baeude Applicant 2: First Name MI Last Name ff additonal applicants, please attach an additional page(s) with names listed. Mailing Address 9919 Stephen Decatur Hwy PO Box city Ocean City State MD ZIP 21842 Country USA Phone No. ext. FAX No. Street Address (if different from above) city State ZIP Email jbaeude@bwdc.com> 2. Agent/Contractor Information Business Name - Oufble S Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Troy Murphy Agent/ Contractor 2: First Name MI Last Name Meiling Address PO Box City State 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252-261-3300 ext. ext. FAX No. Contractor M Street Address (d different from above) qty State ZI P 8466 Caratoke Highway Suite 400 Powells Point NC 27966 - Email tmurphy@quible.com '.1 1 � LV lu RECEIVED <Form continues on back> ®`iM-WARO JAN 2 5 Z�19 v.:e;•co..staIMon age fnent.net DCM-MHDC•ITY L Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Currituck 1555,1566,1631 Waterlily Road 1142 Subdivision Name City State Zp n/a Coinjock N.C. Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 453 - 2732 ext. Parcel t, Parcel 2, Parcel 3, Parcel 4, a. In which NC Over basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Currituck 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 Currituck Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Currituck County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.it.) +/- 24,470 20,510,844 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Parcel 1 - +/-135.9 Acres , Parcel 2- +/- 325.44 acres, NWL (normal water level) Parcel 3 - +/- 0.65 Acres, Parcel 4 - +/- 0.74 10 ft ❑NHW or ®NW L (lot sizes per GIS) (if many lot sizes, please attach additional page with a list) e. Vegetation on tract Uplands on site are mostly maintained grasses with areas of mature pine trees. Wetlands along the shoreline contain Phragmites, wax myrtle, groundsel bush, and black needle rush. I. Man-made features and uses now on tract Currently existing features onsite include RV and Camper sites, a campground store, three single family residences, a bath house, and large metal event building. A large portion of the north end of the property is bulkheaded with two boat ramps and three piers. On the eastern side of the property are two piers, a boat basin with a bulkhead wall. At the canal on the western side of the property, an exisitng earthen ramp is present along with two piers at the head of the canal and one at the end of the canal. Several timber duck blinds line the shore. g. Identify and describe the existing land uses adiacent to the proposed project site. Adjacent properties are residential home sites and agricultural fields. h. How does local government zone the tract? —Tie the proposed project consistent with the applicable zoning? SFM-Single Family Mainland (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part 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 it involve a ❑Yes ®No ❑NA National Register listed RECEIVED or eligible property? 2;i','� M-MHD CITY form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes ❑No (it) Are there coastal wetlands on the site? ®Yes []No (Ili) If yes to either (1) or (li) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Onsite septic tanks and drain fields o. Describe existing drinking water supply source. Currituck County p. Describe existing storm water management or treatment systems. Onsite ditches and swales 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliclGovemment ❑Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this project in to repair and replace all existing water dependent structures throughout the campground. Much of the exisftng structures are in disrepair. The current use of the property as a campground will continue. c. Describe the proposed construction methodology, types of construction equipment to be used dudng construction, the number of each type of equipment and where It is to be stored. Installation of a drop wall designed bulkhead, using vinyl sheeting and wood pilings. The sheet piling will be positioned using a vibrating hammer. All piers will be constructed using a barge and vibrating hammer and/or top down construction methods. Dumptrucks and skidsteers will be used for grading behind the new bulkhead. d. List all development activities you propose. Repair/replace all existing water dependent strutures including; piers, bulkheads, breakwaters, jetties, boathouse, and boat ramps. As well as the extension of three piers to reconnect to uplands. Maintenance dredging is proposed within the exisitng jetty walls and boat basin. See attached project narrative and CAMA Plan for a detailed decription of all proposed work. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 43,188 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No discharge to waters of the state proposed. A low density stormwater permit will be sought for all proposed impervious improvements. I. Will wastewater or stonmwater be discharged Into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is there any mitigation proposed? []Yes []No ®NA If yes, attach a mitigation proposal. <Form continues on back> JAN 2 5 2019 =DCO-UHD CITY 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 application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consuR the application Instruction booklet on how to pmpedy 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 unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name Delores Myers Phone No. Address 1552 Waterilly Rd Coinjock, NC 27923 Name Jessie Made Rivers Trustees Phone No. Address PO Box 63 Cofnjock, NC 27923 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, permfttes, and issuing dates. MP#26.80 Issued 3611980 to Harvey C. Jamerson MP#198-89 Issued 10/20/89 to Hampton Lodge MP#128.81 Issued 11/6/81 to John E. Papas GP#11599A issued 413QI93 to Hampton Lodge Campground GP#5350A issued 3/21/89 to Harvey Jamerson GP#19536A issued 6/a/98 to Hampton Lodge Campground Certificate of exemption 6/17/08 and 63128M 8 F ned consultant or agentauthorization forth, # applicable. tland delineation, if necessary. gned AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperty owner)atement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A 1-10), if necessary, If the project involves expenditure ublic funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. i unaerstana mat 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 Print Name Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information JAN 2 5 ?019 Y 252.808-2808 1.8US girtCOAST ., wvw w:.n:..ccastain; nt.nak Forth DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL) stabilization (1) 40If Length 229 LF 18 ft (2) 52 ft (3) 24 ft (1)15 ft Width 15 ft 9 it (2) 18 ft (3)9ft Avg. Existing Depth 1 5 ft 1.0 ft NA NA Final Project Depth -2 5 ft -2 5 ft NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 127 CU YRDS (calculated in AutoCad based on water depth survey) c. (i) Does the area to be excavated include coastal wefiands/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 the excavation in these areas: An exisimg access channel and boat basin has Tilled in and is in need of maintenance dredging ®This section not applicable b. Type of material to be excavated. Sand/Muck d. High -ground excavation in cubic yards. n/a RECEIVED NOV 19 2018 DCM-WARD 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Onsite disposal area c. (i) Do you claim title to disposal area? ®Yes [:]No ❑NA (II) If no, attach a letter granting permission from the owner. e. (1) 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. 80 It by 601t d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA III) If yes, where? f. (1) Does the disposal include any area in the water? []Yes ®No DNA (ii) If yes, how much water area is affected? RECEIVED JAN 2 5 2019 ®CAA MNn riTy Foam DCM MP-2 (Excavation and Fill, Pay-- 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Lencth: 1.913 LF ®Bulkhead ❑Riprap ❑Breakwater/Sill []Other: Width: 1 If C. Average distance waterward of NHW or NW L: - 2 ft it. Maximum distance waterward of NHW or NWL -2 ft e. Type of stabilization material Vinyl Wood g. Number of square feet of fill to be placed below water level. Bulkhead backfill 3,826 Riprap Breakwater/Sill_ Other_ I. Source of fill material. Onsite borrow pit f. (1) 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. h. Type of fill material. Clean sand fill 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. (i) Will fill material be placed in coastal wetlands/marsh (CW1_ a. C. If yes, (if) Amount of material to be placed in the water (Ili) Dimensions of fill area (Iv) Purpose of fill GENERAL How will excavated or fill material be kept on site and erosion controlled? Slit fence will be used to contain excavated material. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (if) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Barges, vibrating hammer, sktdsteer, dumptrucks d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA III) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date __II__ `` 11 /' 1 fb� YVJL-ypN� ) IAN 2 5 [--" ,B &W' N Y� iRrt^PSroiwlci APPgcantN�me /7 Project .��DCM-MHD CITY 1 2s2.eoe-2ac., RECEIVED Form DCM MP-4 DEC 19 2018 STRUCTURES DCM_WARO (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/manna: b. (I) Will the facility be open to the general public? ®Commercial ❑PublictGovemment ❑Private/Community ®Yes []No c. (1) Docks) and/or pier(s) (it) Number 8 (!it) Length See section 8 (Iv) Width See section 8 (v) Floating []Yes ®No e. (I) Are Platforms Included? ®Yes ❑No If yes: (ii) Number 5 (iii) Length (1)12 tL (2) 20 ft. (3) 24 ft. (4123 ft (5) 16 ft (Iv) W idth (1)10 ft.(2) 20 ft. (3)12 ft . (4)10 ft (5)/6 ft (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dnpline dimensions. g. (1) Number of slips proposed 0 (h) Number of slips existing 1(boathouse) 1. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel []Open water, no dredging required ❑Other, please describe: k. Typical boat length: -20 ft m. 0) Will the facility have tie pilings? []Yes ®No (it) If yes number of be pilings? d. (i) Are Finger Piers included? ❑Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes []No f. (I) Are Boadifts included? ❑Yes ®No If yes: 01) Number (III) Length (Iv) Width _ h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage (wet slips") only, number of slips: 1 (boathouse) ❑ Dry storage; number of boats: ® Boat ramp(s); number of boat ramps: 3 ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Skiffs and duck hunting boats 1. (1) Will the facility be open to the general public? ®Yes ❑No RECEIVED JAN 2 5 2019 -- vsury msgerxa,r7k.n2;. revisvd: 12 i*itOG Form 0CM MP-4 (Structures, Page 2 of 4) 2. DOCIGNG FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be Included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? NED e. (1) Give the location and number of "No Sewage Discharge" signs proposed. t,IrM WARo 01) Give the location and number of "Pumpout Available' signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and Ilve-aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project Is an expansion of an existing marina, what types of services are currently provided? RECEIVEU m. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes []No JAN 2 5 2019 E)GM MHD ITY .. _ •se, r 12 2; P,e Form RCM MP-4 (structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑Nona p. Is the proposed madna/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE rincluding covered lift) ❑This section not applicable a. (1) Is the boathouse stnictum(s): ❑Commercial ❑Public/Govemmenl ®Private/Community (it) Number 1 (111) Length 18 (Iv) width g Note: Roofed areas are calculated from dripline dimensions. RECEIVED DEC 19 Z018 DCM-WARO 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and FIX) ❑ This section not applicable a. (1) Number 2 (ii) Length 170 and 227 (111)Width 1ft 5. BREAKWATER (e.g., wood, sheeipite, etc.) ❑This section not applicable a. Length 121 LF c. Maximum distance beyond NHW, NWL orwellands 2 ft b. Average distance from NHW, NWL, or wetlands 2R 16. MOORING PILINGS and BUOYS ®This section not applicable I a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. a. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED JAN 2 5 2019 DCM-MHD CITY Form OCM MP-4 (structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent rtpartan property lines Approximatley 330 ft to the south on the east side of the property and approximately 4,425 on the west side. Note: For buoy or mooring piling, use arc of swing Inducting length of vessel c. Width of water body 3.46 miles e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No DNA (g) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. Approximatley 820 It from the esxisitng south eastern most pier. No adjacent structures on the western side of the property. d. Water depth at waterward end of structure at NLW or NWL 4.0' 8. OTHER ❑This section not applicable a. Give complete description: Existing piers to be repaired/replaced: (1)72 LF by 4 FT with 12 FT by 10 FT platform, (2)150 LF by 6 FT, (3)32 LF by 4 FT, (4) 72 LF by 4 FT with 50 LF by 4 FT extension (5) 224 LF by 4ft (6) 76 LF by 4 FT with a 25 LF by 4 FT pier extension, (7) 23 FT by 10 FT wide platform and a (8) 20 LF by 2 FT staging pier with 5 Ift by 2 ft pier externstion to reconnect to uplands. /2 f -- - Date RECEIVED DEC 19 2018 DCM-WARD RECEIVED JAN 2 5.2019 DCM-MHD CITY RECEIVED Hampton Lodge Waterfront Campground CAMA Major Narrative DEC 19 IM Existing Conditions DCM WARO The Hampton Lodge Waterfront Campground is a 470.86-acre (20,510,844 square feet) property comprised of four parcels located at the north end of the Waterlily peninsula in Currituck County. The property has been a campground since the 1950's and has recently been acquired by 850 and Sunny, LLC. Existing features on the property include a campground store, bath house, three single family residences, an activity building, RV sites, and gravel, asphalt, and soil roads. In addition, there are several water dependent structures including bulkheading, breakwaters, piers and platforms, a boat house, and three boat ramps. All water dependent structures are in need of repairs and/or replacement. Some of the water dependent structures have been maintained under general permits in the past. But, an overhaul of all existing structures is necessary to restore them to working order for safe use. Proposed Work Proposed work requiring a CAMA Major permit includes, repair/replacement of all existing water dependent structures currently present and the addition of three pier extensions. A total of 1,913 linear feet of bulkheading and 121 linear feet of breakwater located along the northern and eastern shorelines is proposed. The bulkhead will be installed an average of two feet waterward of the existing bulkhead. Solid jetty walls leading into the existing basin on the east side of the property are proposed to be replaced, totaling in 397 LF. The existing 18 linear feet long by 9 feet wide boat house at the boat basin is proposed to be replaced as well. The proposed boat house will have 1/2 walls, with a doorway cut out along the back wall with a 2ft wide walkway inside the boat house. The channel in between these existing jetty walls and the existing boat basin have filled in to a depth too shallow to use. Dredging is proposed to bring the channel and basin back to connecting water depths at the end of the channel is -2.5 ft (NW L), approximately 127 cubic yards of material is proposed to be removed using a long reach excavator and barge. Material will be transported from the barge to a sealed dump truck and placed in an upland spoil disposal area with silt fence containment. A total of eight existing piers are proposed to be replaced. Piers, located on the north side and east side of the property, have dimensions as follows (number corresponds to attached CAMA plans); 1) 72 linear feet long by 4 feet wide with a 12 feet by 10 feet platform, 2) 150 linear feet long by 6 feet wide with a 20 feet by 20 feet platform, 3) 32 linear feet long by 4 feet wide, 4) 72 linear feet long by 4 feet wide with a 24 feet by 12 feet platform, with a proposed 50 linear feet by 4 feet pier extension to re -connect the existing pier to uplands, and 5) 224 linear feet long by 4 feet wide pier with a 16 feet by 16 feet platform. On the west side of property along the existing canal, pier dimensions are as follows; 6) 76 linear feet long by 4 feet wide pier with a 25 linear feet long by 4 feet pier extension to reconnect to uplands, 7) 23 feet long by 10 feet wide platform, 8) 20 linear feet long by 2 feet wide staging pier with the addition of a 5 linear feet by 2 feet extension. Many of the piers and platforms have been damaged or destroyed in storms and have not been repaired due to inadequate funds. Many of the piers and platforms missing components can be seen on 2008 aerial imagery. Three existing boat ramps onsite are to be replaced. All three of which are concrete, one on the north side and one of the east side of the property and one at the head of the existing canal. The new ramps will be poured and cured on land and then placed into the water once ready. No live concrete will be placed within the water. RECEIVED JAN 2 5 Z019 nrio-noun CITY RECEIVED Hampton Lodge Waterfront Campground DEC 19 2018 CAMA Major Narrative SAV Survey DCM-WARO A cursory SAV survey was conducted by Quible on September 7, 2018. A general delineation was completed of the SAV beds because beds were dense and dominating the majority of the area, no transacts were conducted. There was no rooted SAV present within the proposed dredge area between the existing jetties. The canal dredging has been designed to avoid SAV impact by stopping before the beds begin. SAV outside of the dredge area is 100% coverage consisting of Wild Celery and Widgeon Grass. All though the Currituck Sound is listed as SAV habitat, the proposed dredge area does not have any rooted SAV present. The substrate of the canal consists of dense unconsolidated muck with some areas of sand. Purpose and Need All proposed work is necessary to bring the existing water dependent structures back to working order. The new owners of the Hampton Lodge Waterfront Campground are planning to revitalize the campground and all proposed work is necessary to stabilize the shoreline and provide safe access to the Currituck Sound for the visitors to Hampton Lodge Waterfront Campground. RFcENED 30 2 5 Z019 DCM-MHD CITY SIGN UP SHEET INTERAGENCY/SCOPING MEETING Scoping/Express Request - Hampton Lodge Campground Purpose of this meeting is to discuss a proposed project and provide environmental permitting and regulatory information which will improve communications and the permitting processes. October 24, 2018 at 10:00 am Conference line — 919-850-2894 Name Agency Phone Email Twyla H. Cheatwood NOAA Fisheries 252-389-0508 ext. 209 Twyla.cheatwood@noaa.gov Kathryn Matthews USFWS 919-856-4520 Ext 27 kathryn_matthews@fws.gov -f2 -71/9 38s"I n!C ,Qlui s� tom, cofi lvC 1.4/n_ 252-5 r P-�92Y f �k� : Scahnw C� rlcdenr- / / rr ��1. �lC GOii / p Marie- L rfG/�W,{2C 2529}'{8[�[/5(1�G Mc//riti.�f+�hna�1nu/(a(G/ ,ar /iI /VC 10Ar a5'�" %-l0 '7�1f x Lwe. S� Rom l�.�a�clI tic Dom aS> ,Xbj-3401 pl4. t,-4 (LAa— ncdc,�r 5ov } n l�axr�as� NGTJEG 252<tq$-3`L6 77— lyn.kAr4saqnedenr. RECEIVED JAN 2 5 2019 DCM-MHD CITY NCDEQ WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALL WASHINGTON, NC 27889 252-946-6481, FAX 252-975-3716 1 of 2 Coastal Management ENVIRONMENTAL OVALM March 28, 2018 Lyn Small, Pres. Lyn Small, Inc. 113 Ballast Rock Drive Powell's Point, NC 27966 Dear Mr. Small: ROY COOPER DI„wmar MICHAEL S. REGAN Serwwy BRAXTON C. DAVIS Dowao, This letter is in response to your March 27, 2018 email with photos requesting authorization through the Coastal Area Management Act (CAMA) for the following repairs at the Hampton Lodge Campground property located at 1631 Waterlily Rd, Coinjock, Currituck County, adjacent to the waters of the Currituck Sound. This request included: 1. The replacement of t30' of storm damaged wooden bulkhead within the existing alignment, tiebacks and backfill material. In accordance with NCGS 113A-103(5)(B)(5), your proposal is considered repair and maintenance and is exempt from the CAMA permit requirements, so long as the repairs are consistent with the above request. If you have any questions, please contact me at 252-264-3901, ext. 237. Sincerely, Ron Renaldi Coastal Management Representative Cc: Frank Jennings, District Manager, DCM RECEIVED JAN 25 ZU1i9 DCM-MHD CITY - 'Nothing Compares Smm of North C=HW I Eovimnme=l QmGty I Cmsml Mamgem of 401 S. Gciffm SL, Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951[fax] RE: Hampton Lodge Waterfront Campground 850 And Sunny, LLC CAMA Major Permitting — Hampton Lodge Waterfront Campground Coinjock, Currituck, County, North Carolina As a representative of 85° And Sunny, LLC (Property Owners), I authorize Quible & Associates P.C. (Consultant) to act as agent for the purpose of CAMA Major Permitting, including all other accompanying State and Federal Permitting required. Authorized Signature Date: q 'aIO aE�E�vEo N�� 1 g 2018 DCM W Aao RECEIVED JAN 2 5 2019 DCM-MHD CITY Permit Number 26-80 Issued to __ Permit Clan t STATE OF NORTH CAROLINA NEW Department of Nattto Resources and Community Development and RECEIVED 1 C92stal,ResourccsCommicsion RECEIVED z�. r MAR 21 80 ocM -Ec �aN 2 5 2019 In M8191Ijevelopment1n4iliieaofF.nviron1MM_MHD CITY ('und'ern pursuant to`NCGS 113A-1 IS r ® Excavation and/or filling pursuant to NCGS 113.229 Mr. Harvey C. Jamerson Hampton Lodge Family Campground, Coinjock, NC 27923 authoniiingdevelopment in- Currituck—Coat Currituck Sound (end of SR 1142) --- - as requested in the permittee's application dated 12/21/79; including attached plats, sheets 152 of 2 dated 12/21/79 subject to the conditions set forth below (1) That all spoil material be placed in an upland area. (2) That there be no stockpiling of spoil material within the marsh separating the applicant's highland and the Currituck Sound during project construc— tion. (3) That in order to protect water quality, runoff from the construction area must not visibly increase the amount of suspended sediments in adjacent waters. NOTE: Enforcement personnel will determine an increase as significant If thr measured level of suspended sediments is Increased by 25 Jackson 'Turbidity Units. NOTE: Tn issuing; this permit, Lite Department of Natural It, source:: and community Development agrees that your project is consistent with the approvrd N. C. Coastal. Management Program. IF THE ABOVE CONDITIONS AND 'rHE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF rHE APPLICATION (WHERE NOT IN CONFLICT W ITD 1 THE CONDITIONS) ARE NOT FOLLOWED PRECISELY, THE PERMI7TL• E IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVIDED IN G. S. 113A-126 AND G. S. 113-229 (K) AND (L). Phis permit must be accessible, on site, to Department personnel when Cite project is inspected. This permit action may be objected to by the permittec or otter qualified persons within twenty (20) days of lire issuing date. A valid appeal requires resolution prior to work initiation or continuance, as the case may be. Signing this form and proceeding with the work hinds the applicant to Compliance with all permit Conditions. Any maintenance work or project moxlitication not covered here under requires further Departmental approval. All work must cease when We pernit expires. Permit expires on December 31, 1983 Signed by the authority of the Secretary E. Walton Jones, Deput),_Secretary Signed by the authority of tine Chairman of the CoAlal Resources Commission K nneth D. Stewart, Director Office of Coastal Management Issuing date March 6, 1980 Signature of PermiltFL3__ APPLICATION FOR 1�• , PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION cam' EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPME Department of Administration State of North Carolina ueparr, e y (GS 146.12) Department of Natural Resources and Community Development Corps n n (GS 113.229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 C . Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A i k.*SW 1. Applicant Inf2rr1 ation I .�C. ' � A. Name ./AA1 ee S c ni �✓E y Last f ust Middle B. Address �oN .� o✓ e F Mi / 4Ce .iivcio/ Street, P. 0. Box or Route e .2a/.va ,t9/i- ys3 33-3 'City or Town State Zip Code Phone I IL Location of Proyyosed Projecst: // r / 1 A. County XV-522 LR4F. c• 4'! - f 1,Bivd — 41,14lc-e � B. 1. City, town, community or landmark 2. Is proposed work within city limits? Yes _ No C. Creek, river, sound or ba%% upon which project' located or nearest named body of water to project /_'",e,e.-2�x ,sos{Nc✓ III. Description of Project A. 1. Maintenance of existing project 2. New work B. Purpose of excavation or fill r t 1. Access channel �cr 5 length a width /S /NL depth V 6C�N 2. Boat basin C S length width depth 4 e e A Al AIV Al 3. Fill area N/.4 length width depth 4. Other NIA length width depth C. 1. Bulkhead length _�c.eu Average distance waterward of MHW (shoreline) NIA 2. Type of bulkhead construction (material) D. Excavated material total for project) 1. Cubic yards ..7d 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards /✓ONe 2. Type of material /V/A IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No - B. Does the disposal area include any marshland, swamps or other wetland? Yes _No C. Disposal Area z/0IAN� T,eO54 JVn A0VN I 1. Location 2. Do you claim title to disposal areal N G D. Fill material source if fill is to be trucked in E. How will excavated material be entrapped and erosion controlled? F. Type of equipment to be used ry/V S T7 w o 1924off i I G. Will marshland be crossed in transporting equipment to project site? If yes, explain A✓0 RECEIVED DaF-BI JAN 2 5 201E Rev. 10/78 r,^nn_nnHD CITY V. Intended Use of Project Area (Describe) A. 1. Private �� c 2. Comrw 3. Housing Development or Industrial a. Other -Iomoecoea .s B. 1. Lotsize(s) 2. Elevation of Jot(s) above mean high water 'G S w ..+ U 7� 3. Soil type and texture ` Z oelv 4. Type of building facilities or structures, s. Sewage disposal and/or waste water treatment A. Existing ✓ Planned B. Describe W �oy r. 6. Land Classification (circle one) TRANSITIONAL COMMUNITY RURAL R — (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A- Does the proposed project involve the placement of fill materials below mean high water? Yes__ No B. 1. Will any runoff,or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes —No Z 2. Type of discharge 3. Location of discharge IVIA NoNN VII. Present rate of shoreline erosion (if known): �o VII I. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: Q IX. Length of time required to complete project: X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8'/2 X I I" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or te served 9 certified mail or by publication (G.S. 113-229 (d))Enter da D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. A.eyll.reufA,r/i• 9>01K XI. Certification requirement: I certi y that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land "DI DATE �.2 I DaF-BZ SEE REVERSE SIDE FOR MAILING INSTRUCIA16NS JAN 2 5 2019 Rev. 10178 DCM-MHD CITY :5ONNp/ .'e PoS ep Q."e�p ��GNANN�L /s'x/SZ'X -Y•o' M NA. Be•G2' _ .� OVA �I N• Ktt,tivtu JAN 17'80 OCM - EC SAW, a<y t e• a �—� 7 f *3 PA 1 6 K4LEl•f ic,F6 6 1 � S So vw.v/ �y - 2 1 1 6 6 A V dy, 2 6 3 �--- t Cedar I bor MeM `` 1 Gn 1 �" J 2 ' c.d., i Mwk , 2 C. Ckv r _ ji i •5 I Piney island,' Mae; -'//.t k r SCALE 1:80,000 ' w n L MILES Ok FI 366 173" STAY I MILES 22 Coinjock- 1�ry YARDS 21 Cobb �•.. Wo o ,A // P•eelo« /r \.f<•Ne /V �7.lets R V�lv RECEIVED JAN 2 5 2019 DCM-MHD CITY C. 5 44 /e .eo Ad 7s//vz . EXVgfE ax�4/ZaX- 95o c X. it f/'/ 7'o .�=;•v A cc e S's fo C POS4 / 9AS, N/ /LeG/c-e.7T/-O-/d/XJSc ANa/ C..e,2i Alc� fp iil7��co✓G S</�[f9Ge //uRR��"c� Cou.•/fj', /✓oR fli CA,2o �:NA 4C f C ,CXCfi✓AT�� mAT,_1/..' i/iI�VEy C.-rAME/t'SoN %✓,// be h vleol J0 HAnP/ON 4oc�9e :Am,'11C1+�P?ae4NI/S /cp o/ 7`n ,9 S �2 /✓,w �ocy �iaN Co%C%ock/ //027% CAQO%NA Dece.nde/z 2/,/979 �o.e p/,s�oosa/• r of� RECEIVED JAN 2 5 2019 DCM-MHD CITY �� vo / o/ T•,�R P,C ,e 'i' .. T,e c a e ,sf.cKa" Bnf T/ee� T%m,4* < o'�• Q /ieo/oo5ad C�IA�vve� (�AS�'n/� e2 S�De .C/evA�,•o•� %d Po Sa d/ ' _ zo, 3 P,2o�oSed 25 / � �, MA�PSf, L .s �.✓ o�uJe d .Elr.'S t Q19 S .'N IL T.mb�/t ECG TO 3C F�`e£ Ltll l :l.C.CNOi r( N iG op QACL:�,���>� AWD 5 CAL IiDlYJ1 y o ' C n� e / - �,eo�oSe ✓ 7-11,e. «Z ,$ec 71,.0^/ S//EET 2.r iBrowseNew Major Permit (Detailed Database Display Page) Permit Information Permit No.: 26-80 Source Permit No.: (No Source Permit No.) Application/Permit Status: PER Permit Type (CAMA): Y CAMA status:I Permit Type (DF): Y DF status: I DCM Representative: RINGER Permit Coordinator: PARKER DCM District: Elizabeth City Application/Permit Fee: 0.00 Project Name: P Date App Complete in the field: 12/31/1979 Date Received in Central Office: 12/31/1979 CAMA: Issue/Deny/Withdraw Date: 03/06/1980 CAMA: NUMBER of Renewals: 0 CAMA: NUMBER of Modifies: 0 DF: Issue/Deny/Withdraw Date: 03/06/1980 0 W 7 W U W C" 0 N um cQ z a http://dcm2.enr.state.ne.usldcmcdaitslmajor/viewIMajBrowseNew.aspx?PageTask=REPORT 8/10/2018 MajBrowseNew Page 4 of 4 SIPS/DPD Abbrev.: AC Access channel(canal) (Dimens.: length_Mdth_depth) 11 NW1190.000 15.000 .000 SIPS/DPD Abbrev.: BB Boat basin(slip) (Dimens.: length_width_depth_number)1 NW 25.000 25.000 14.000 SIPS/DPD Abbrev.: BH Bulkhead (Dimens.: length) 1 NW 0.000 0.000 0.000 SIPS/DPD Abbrev.: PR Pier or dock (Dimens.: length_width) 1 NW 75.000 14.000 0.000 Divturbanees: [SIPSabbr CAMAabb Habitat ITotal Square Fee Final Square Feet HG HG 11figh ground 3475 10 OW OW 10pen water 1420 10 Wetlands Impacted: WetlandAbbrev IDPDDese ISqFt_Numeric SQFt_NOTNumeric TY(DPD Match: TY) Cattail(Typha sp.) 2850.000 Hold History Date On Hol Date Off Hol Date Extende Total Hold Time Hold History: No SIPS Holds Comments Agency Comments: No SIPS Agency Comments Notes: N. htip://dcm2.enr.state.nc.us/dcmedaits/major/view/MajBrowseNew.aspx?PageTask=REPORT 8/10/2018 Permit Class Permit Number New STATE OF NORTH CAROLINA 128-81 Department of Natural Resources and Community Development and Coastal Resources Commission [RECEIVED vermit RECEIVED i10181 � forMajor Development in an Area of EnvironmentalJAN 2 5 2019 Concern pursuant to NCGS 113A-118 _ DCM-MHD CITY Excavation and/or filling pursuant to NCGS 113-229 Issued to John E. Pappas, P. 0. Box 1398, Portsmouth, Va 23705 authorizing development in Currituck County at cedar Bay off Currituck Sound as requested in the permittee's application dated rec. Sept. 14, 1981 including attached plat dated.rec. 3/14/80. Ibis permit, issued on November 6. 1981 , 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 subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) That canal depths not exceed 4' below normal low water. 1 (2) That a silt fence be employed at the mouth of the canal and remain in place for 24 hours following project completion. (3) That the instream turbidity not be increased by more than 50 NTQ's as a result of the proposed activity after a reasonable opportunity for dilution and mixture. (4) That the excavated material be loaded directly into trucks and transported to a suitable highland site for disposal. (5) That the final spoil retention area be approved by representatives of the Office of Coastal Management and the Corps of Engineers prior to project initiation. (6) That the spoil be provided with ground cover sufficient to restrain erosion within 30 working days after final placement. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 Departmental approval. All work must cease when the permit expires on December 31, 1984 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 DNRCD and the Chairman of the Coastal Resources Commission. Kenneth D. Stewart, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Perminee -- APPLI`AfION RECEIVED FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION AUG I % t81 EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT ),�p' .s OCM•EC Department of Adminktratlon State of North Carolina Department 0;9th. �y 0. (GS 11612) Department of Natural Resources and Community Development Corps of Enalneers, W Ilml _ (GS 113-229, 143.215.31a)(1), 143.215.3(cL 113A-118 (33 CFR 209.320-329) RECEIVED Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. JAN 2 5 2019 I. Applicant Information A. Name Pappas John :: • nCM-MH❑ CITY — Last First Middle B. Address Post Office Box 1398 Street, P. O. Box or Route Portsmouth Virginia 23705 804 399-6381 City or Town State Zip Code Phone II. Location of Proposed Project: A. County- Currituck B. 1. City, town, community or landmark Water Lilly 2. Is proposed work within city limits? Yes _ No X C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Currituck Sound Ill. Description of Project A. 1. Maintenance of existing project Yes 2. New work B. Purpose of excavation or fill 1. Access channel length 150ot widthdepth 21 (elev. - 4) 2. Boat basin length 750 width 75r depth 2t (elev. - 4) 3. Fill area length width depth 4. Other length width depth C. 1. Bulkhead length none Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) D. Excavated material (total for project) 1. Cubic yards 1700 2. Typeofmaterial Silty Sand - Some Organics E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards None 2. Type of material"" IV. Land Type, Disposal Area, and Construction Equipment: r,: _� ✓ A. Does the area to be excavated include any marshland, swamps or other wetland? Yes _•• //No B. Does the disposal area include any marshland, swamps or other wetland? Yes _ No C Disposal Area: 1. Location_. 'yf�`- � '%�7t✓EA QY-egApCG2DVA/D YkaPE-ZTY 2. Do you claim title to disposal area? Yes V D. Fill material source if fill is to be trucked in --- E. How will excavated material be entrapped and erosion controlled? Compaction - Slope away from - canal F. Type of equipment to be used Crane - Drainage *` G. Will marshland be crossed in transporting equipment to project site? If yes, explain tit "-F z4M P ✓,v7- Existing access road .� Da F-B 1 Rev. 10/78 •w V. Intended Use of Project Area (Describe) A. 1. Private Access to private boat basin from Sound 2 Commercial -- 3. Housing,Development or Industrial 4. Other B. 1. Lot size(s) --- 2 Elevation of lot(s) above mean high water 3. Soil type and texture Clavev Siltyjand 4. Type of building facilities or structures 5. Sewage disposal and/or waste water treatment A. Existing ---- Planned ---- B. Describe 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes__No X B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes —No X 2. Type of discharge 3. Location of discharge VII. Present rate of shoreline erosion (if known): not know Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or state permits for work in project area, if applicable: none IX. Length of time required to complete project: 360 days X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, - then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8h X 11"white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served Male Y certified mail 8/14/91 D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. Lee Market - Coi.njock N.C. 27923 XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a RECEIVED manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli. cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- JAN 2 5 2019 opment activities, including construction, excavation, filling, and land clearing. DCM-MHD CITY DATE August 14, 1981 �'� )` '( C_ App icant's Signature L_ a DaF-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. ions - �-r---• ,;,•-�;yytt'''a�"Sn,,�«„---:5• �y�,•e"�"��rr,,4,��'� �536:4".A:,...e'`��cit"'.��1.�'�"��+.-i'�d .-. .. }•Irt`�.• ,^W','w .0. .YT: f. `-.. I.Y ..J'�� `!�i`+N 1Y.. .�I�IW .-r �v Tl/T.a'(C� �'w R_ � I a c n c w v;0 Ck R I CURRI o R 0 BAR t 84), sou v'VO ,p.• o : a*' OJ 4 L� 1�L Of / I I LOCATION PLANF 0 6^0 a ONE INCH EQUAL APR10% I! MI J 10O /VDTs .CI IL Mr-ci;fL LOA'i c� i7i EBC'flY INT'G J,F i,C.Kj Aj,C TF'RNSAo2rt-n To A vIn>gDi-E I HaGLLLfiND Si"tE Fx'2 �FSAISA L. � SPOIL AREA - EXISTING R A FINAL 5Do1L APEA To ps / � 3.0 (�Lr-NeflTE'� �� Tv 2Esc-jr-4- /I.. � I 7 E(s) F -c 5-ATE P� AN;/OR FE aRAL (iOV'T. I 00 y / N/ A R�L GRD. NA GRD 0.0 [—XISiIVC, CANAL MiaiuTAINEYj APPROX. 2' SPOIL TO BE REMOVED it Y PROPOSED CANAL CROSS SECTION �c SCALE. HORIZONTAL 1"= 20' VERTICAL 1= . .y 2 RECEIVb 0 200 400 SW / JAN 2 5 2t)19 SCALE: I-• 200' DCM-MHD CITY 1 PROPOSED WIDENING 9 DEEPENING / OF EXISVNNAL l :`5 PROPOSED 3 BOAT BASIN ZISW-sC--� o Q7 ON CURRITUCK SOU AT CHURCH'S ISLAND -POPULAR BRANCH !� ROBERT T. ADDISON B ASSOCIATES, LTD. ICOUNTY OF CURRITUCK NORTH CAROLINA O) SURVEYING -ENGINEERING jAPPLICATION BY' JOHN E.PAPPAS PORTSMOUTH VIRGINIA . ISCALE' 1"=200' DATE 3 14 Permit Class Permit Number Renewal STATE OF NORTH CAROLINA Department of Natural Resdiiicesand Community Development Coastal �esourcesCo,i&iission ,>r�rri FD y Vt�- FEB20185 for i ccai:EC QMajor Development in aq � fEnvironmental Concern pursuant to. AiC 3A:118 ® Excavation and/or.;fillrgpiusuant to NCGS 113.229 RECEIVED JAN 2 5 2019 Issued to John E. Papoas, p, 0. Box 1398, Portsmouth, Va. 23705 eem ml 1E) e1TY- authorizing development in Currituck Countyat Cedar Bay off Currituck Sound as requested in the permittee's application dated 8/14/81 including attached plat dated revised 3/14/80. This permit, issued on��� D S' 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 subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The canal depths must not exceed 4' below normal low water. (2) A silt fence must be employed at the mouth of the canal and remain in place for 24 hours following project completion. (3) The instream turbidity must not be increased by more than 50 NTUs as a result of the proposed activity after a reasonable opportunity for dilution and mixture. (4) The excavated material must be loaded directly into trucks and transported to a suitable highland site for disposal. (5) The final spoil retention area must be approved by representatives of the Division of Coastal Management and the Corps of Engineers prior to project initiation. (6) The spoil must be provided with ground cover sufficient to restrain erosion within 30 working days after final placement. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 Departmental approval. All work must cease when the permit expires on February 28. 1985 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 DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ktt-c e u Lam LJ ��.. $ ja`'- • APPUCA FION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT iP Department of Administration State of North Carolina Department o�the-wroW (GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, W ilm (GS 113-229, 143.215.3(a)(1), 143-215.3(c1, 113A-118 (33 CPR 209.320-329) please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. AUG 17'81 0cm - f e 1. Applicant Information A. Name Pappas ,in!1n Last First Middle B. Address Post Office Box 1399 Street, P. O. Box or Route �-- Portsmouth Virginia 23705 B'34 399-6351 City or Town State Zip Code Phone II. Location of Proposed Project: A. County Currituck B. 1. City, town, community or landmark [Dater Li11v 2. Is proposed work within city limits? Yes _No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project ' Currituck Sound 111. Description of Project A. 1. Maintenance of existing project Yes 2. New work B. Purpose of excavation or fill 1. Access channel length 1500r width _2 r depth 21 (elev. - 4) 2. Boat basin length 751 width 751 depth 2r (elev. - 4) 3. Fill area length width depth 4. Other length width depth C. 1. Bulkhead length none Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) D. Excavated material (total for project) 1. Cubic yards 1700 2. Typeofmaterial Silty Sand - Some Organics E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards gone 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: / A. Does the area to be excavated include any marshland, swamps or other wetland? Yes _No V B. Does the disposal area include any marshland, swamps or other wetland? Yes —No ' / C. Disposal Area 1. Location— 2. Do you claim title to disposal area? Yes D. Fill material source if fill is to be uucked in --- E. How will excavated material be entrapped and erosion controlled? Compaction - Slope away from canal F. Type of equipment to be used Crane - Drainage G. Will marshland be crossed in transporting equipment to project site? If yes, explain i I-'14Cd/1T Existing access road RECEIVED DaF-81 Rev. 10/78 JAN 2 5 2019 __._ __7.. V. Intended Use of Project Area (Describe) A. 1. Private Access to private boat basin from Sound 2. Commercial --- 3. Housing. Development or Industrial --- -- 4. Other B. 1. Lot size(s) --- 2. Elevation of lot(s) above mean high water --- 3. Soil type and texture Clayey Silty -Sand 4. Type of building facilities or structures --- S. Sewage disposal and/or waste water treatment A. Existing ---- Planned ---- B. Describe 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL F CONSERVATION OTHER (SeeCAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes__No 7__ B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes —No X 2. Type of discharge 3. Location of discharge VII. Present rate of shoreline erosion (if known): not known Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: none IX. Length of time required to complete project: 360 days X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward -a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on Kii X 11 " white paper (see instruction booklet for . details). Note: Original drawings preferred - only high quality copies accepted. ' f<a C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication;G.S. 113-229 (d))Enter date served Mai led y certified mail 8/1 4/81 D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit v.rnments to agencies listed below. Lee Market - Coiniock, N.C. 27923 X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies RECEIVED with the State of North Carolina's approved coastal management program and will be conducted in a ....s.. manner consistent with such program. JAN 2 5 2019 XII. Any permit issued pursuant to this application will allow only the development described in this appli. cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DCM-MHD CITY 4t 7 DATE Au�u�t 14, 1931 1 �. + _ , e... ` .- App icant's Signature D&F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS r tRev.110178 -:. �v- - s - ... •':_ ''r`--��.: ?:�;..'.� _ .aa-r'. ..~.w r- .fA.K�t!. w r SE CRO55 / v p5 10 20 CM ONE INCH EQUAL APPROX 13 MI LOA'r c-J TJ.E_Q:y .ntT �eGiCj ^WD r2Am-%po,2Tt-70 To A .yj17ADLE ' tf Vf1L si�IL i2EH ACC op y / , i; e , \0 i. � .2l 4}P =X: ST i.vG CANAL . rjc Msa;.V'.7 ,AtE7� !D !co O N O (A APPROX. 2' SPOIL TO BE REMOVED PROPOSED CANAL CROSS SECTION SCALE. HORIZONTAL 1"= 2'J' VERTICA`RE&IVED 0 200 400 300 �5 SCALE. 1": 200' PROPOSED BOAT BASIN a ROBERT T. ADDISON & ASSOCIATES, LTD. SURVEYING - ENGINEERING PORTSMOUTH, VIRGINIA JAN 2 5 2019 DCM-MHD CITY PROPOSED WIDENING B DEEPENING i, OF EXISeN�NAL ON CURRITUCK SOU 1c) 'AT CHURCHES ISLAND -POPULAR BRANCH 4�h -COUNTY OF CURRITUCK NORTH CAROLINA la) APPLICATION BY JOHN E. PAPPAS i _1 SC4LE� I"=200' DATE 3 la a0 CAMA AND DREDGE AND FILL R23180 GENERAL PE RMIT IT � as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC r%A ' fl6 <tr Applicant Name Address City Project Locatior Type of Project Activity State ✓17: Zip 2 Z i max. distance offshore Basin, channel d mensions ■■ ._�.■ m cubic yards? Boat ramp dimensions - Other This permit is subject to compliance with this application, site drawing an attached general and specific conditions. Any violation ofhese terms may subject the permittee to a fine,_ imprisonment or civil action; and may cause the permWto be, come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. �!' t r. J, Li f :2 ( Ott c90 issuing date �, expiration aaw attachments �//'r //L 11 In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal application fee /l-"-'---G Manaeerrent Program. Permit Class PermitNumber NET 198-89 STATE OF NORTH CAROLINA Department of Natural Resources and Community Development and IECEIVED Coastal Resources Commission L I L. OCT 3 1 '89 for X Major Development in an Area of Environmental Concern DOM pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Hampton lodge c/o Harvey Jamersan Rt. 1 Baas 100 Cbamcr's Island, Coinjock, N.C. 27923 Island as regt r and This permit, issued on Z'`��an 2-ys t a S�J , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The pier will be constructed in accordance with the attached plats. 2) In order to protect water quality, runoff from the construction area must not visibly increase the amount of suspended sediments in adjacent waters. 3) No live aboards or non -campground related boats will be allowed to rroor at the pier. 4) No permanent mooring of boats is authorized by this permit. WM- Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. RECEIVED This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 Departmental approval. All work must cease when the permit expires on December 31, 1992 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. 2 5 2019 Signed by the authority of the §)Ghi+W BOY and the Chairman of the Coastal Resources Commission. Q�, George T. verett, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee f I.: UIJ.., ...Si DI: :U. .:.:SIT./ NOTES: 1� Travel trailer sites along shore- line. T ± 1 mile *from pier Property of Lee Market Box 4 Coinjock, NC 27923 Property of Hamptom Lodge Rt. 1, Box 100 Church's Island Coinjock, NC 27923 Property of Harvey Jamerson Rt.1, Box 100 Church's Island Coinjock, NC 27923 Approximately 500' from pier Q a Shore Line RECEIVED ' AUG 15 '89 ocu ElizzWh Gy Currituck Sound Propos Pier and Dock 4'x72' with a 12'x24' "T" on end Propsed Pier and Dock Hampton Lodge August 14, 1989 Approximate scale: . 1"=50' Prepared by Mark Garrett �—" RECEIVED CAMA AND DREDGE AND FILL GENERAL JAN 2 5 2019 a :' v PERMIT DCM-MHD CITY as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the astal Resources Commission in an area of environmental concern pursuant to 15 NCAC 0 9 G Applicant Name `/A�If T� �a��f �AAe GF_cv /�S Phone Number A433 ��32 Address oc,Tt� / %�ce /00 City %u;;�State A/e Zip 79Z3 Prdfept Location (Countyt,State Road, Water Body, etc.) Cox �'T "� /C �°� r r* c A rh iJ i'r'iiT L1 LGy- DA S/_�. I/r12� .�1J1R GE°r7 L'vt A-,r Vc1-- Type of Project Activity %"=A7 r y 0 c', e/' ra ?47vs7-,x 7— �� c= GLao��N BL�z=NE�i - AAAcr,uo.0 p;sr-N.�cE A/ LU L -- ( _ .{ G �L/u.L PROJECT DESCRIPTION SKETCH f 5 LV F T-vJ (SCALE: r Pier (dock) length Groin length i number__T k ! I-r-(j-L. j GTir '`. Bulkhead length max distance offshore - I _ j 4 i Basin, channel dimensions_ cubic yards ' Boat ramp dimensions ""- _3._ - -- - - OtherW_ This permit is subject to compliance with this application, site ,a drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a'fine, imprisonment or civil action; and may cause the permit to be- - Applicant's signature - come null and void. This permit must be on the project site and accessible to the permit officer's signature permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- - 3✓ _ a r "f ject is consistent with the local land use plan and all local issuing date expiration date ordinances, and 2) robtaette�-f�em a$jacgllY-..npewaa *'f ' •c_• •� _-have ..-Ro e�ys-a,k attachments In issuing this permit the State of North Carolina certifies that "N?5 this project is consistent with the North Carolina Coastal application fee -% -'' CAMAND DREDGE AND FILL RECEIVED GENEALNo V v 2904A PERMIT JAN 2 5 2019 as authorized by the State of North Carolina DCM-MH D CITY Department of Environment. Health, and Natural Resources ans{ tFte Co�st�16 µirces Commission in an area of environmental concern pursuant to 15 NCAC �� tt �1 (/ � Applicant Name ��" W OL1L ��T7 l7(Z(a),_( Phone Number 453- 2732- _ Address 1 0 l City- rJ l 17_1 0 a(. _ State t✓ Zip 2 Project Location (County, State Road, Wate Bodyy�� etc.) Ch"J(C Ltv r5 CV 12W- z J UG F6r4t) t -.-`� i•=(Z1.)V .d iirl)- CVleizi '•vC(C SVV^J U . Type of Project Activity PROJECT DESCRIPTION SKETCH PT, F\l/I �z� (SCALE:'ti Pier (dock) length i TT i i s C VI 2t t q� ( 1— Groin length number Bad length T max distance offshore 4/, Basin, channel dimensions= _ cubic yards Boat ramp dimensions I T�`II Other This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. applicant's signature b permit officer's signature Issuing date expiration date attachments application fee (SCALE: l CAMA AND DREDGE AND FILL GENERAL AN 2, 019536 A PERMITc�p G�TY as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC '0 7 • !a3�r00 Applicant Name HAMPTON Lowe c6mp �-RIESORT Phone NumberQ5,%-Y5S"a73a_ Address OUTS I . '6OTC / 00 City C 0 e AJTocrc State NG zip 97F-Ir3 Project Location (County, State Road, Water Body, etc.) C U R R I T UCK Cou&nry, AIOATtl END Type of Project Activity 17 ftF9- (or Lt�rIIE /5a' LauG eQr� PvrTH A ao'X sar pLvTFakv+ PROJECT DESCRIPTION Pier Woctj length 350 4'winr- 5 Groin length number Bulkhead length max. distance offshore Basin, channel dimensions_ cubic yards Boat ramp dimensions other dC' 9,9a ®LF1T�flJCet't G i . 7'�.ftiRTE�I�KQ Ea,r,'' off' is0� Loa`J(r SKETCH E L1J PT fW X' This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. (SCALE: NOMi F i t i i14 y /Cry 1.,9uatsWEliD�.,� i ' ; f998 sFr�whole igt� issuing date expiration date attachments. 0-7ii IZ 00 :TR/k E, ILAD In issuing this permit the State of North Carolina certifies that as �,.J_. this project is consistent with the North Carolina Coastal application fee 60 CK It 7" nA �,.�aomPnt Prnomnn 0 0 4;) Co C> v CERTIFICATION OF EXEMPTION FROM REQUIRING A CAMA PERMIT as authorized by the State of North Carolina, Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC Subchapter 7*-..6P92;•. us 113io-i, Applicant Name �#c.Mn ,, j_• 49't Cz rr,o, tL _� r 1 Phone Numbet '-: Address_ j_�i 5 1 in E� r t , YZ ct ? city CO. n w � IC State ti c _ Zip I a; Project Locati n (county, State Road, Water Body, etc.) C 1 tic f {. e e M ,4 Type and Dimensions of Project 1 a r , d k ulili�r r liloitm l rh« � fi Rar r'i NI�,n7+ F •,F ✓' c { �� cv, 7UGU'r u F,,,IC1v t(,r fJa f Lv, t C�� a k�tv t Vcr The proposed project to be located and constructed asdescribed above is hereby certified as exempt from the CAMA permit re- quirement pursuant to 15 NCAC WK-e2e8--This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal, or Local authorization. GS 113-103 This certification of exemption from requiring a CAMA permit is valid for 90 days from the date of issuance. Following expiration, 'a re•ex� � na ro of the project and project site may be necessary to continue this certification. SKETCH Irk (SCALE: ,AC) ) 0 I r ( J—o ,}av_�fhor �c�R—cif-�y+�Tl�-L,; +tyE,.-'�h;•/�t+r I I ; Any person who proceeds with a development without the con- sent of a CAMA official under the mistaken assumption that the development is exempted, will be in violation of the CAMA'rf there is a subsequent determination that a permit was required for the ,r development. < - The applicant certifies by signing this exemption that (1) the ap- plicant has read and will abide by the conditions of this axemp tion, and (2 ro 2L'8ttr^ ��Ifi�owners-�erta%yir� ~}faa�-they-.haue.�ta propose8't4iitk. I 7-):I-D? Issuing date -Ioff Expiration date Attachment: 15 North Carolina Administrative Code 7K .0203 it M 11111111111111911111 Doc Na 33 15 aecaded 0W.aTeI8 OB'.5a:17 AM Fee Amt: $26 00 Pape t , 6 Eacme Tax. Si 0d0.00 Cemb+ck Cmmtv NoM cmu ma Demce A. Halt, Reglmery OD , Bx 1449 PG 390.396 (6) NORTH CAROLINA SPECIAL WARRANTY DEED 'ASV 2 e5 2019 Excise Tax: I> Puce!ldenti[gtNt1�}d 0079-0000003-0000 Verified by _.__County on the day of_ _20_ '.Nail/Box to: (3n9a- L See ell Al "ac and S w&ll PLLC. P O x 339, has ce Nr 27254 Thu imaulmmu was prepart6y. Chh=pher L. Seawell Brief description for the Indus and Botmds Pgpl Branch'I wnshi THIS DEED made this _ of June, 2018, by and between: ..__ GRANTOR GRANTEE BGP PROPERTIES, LLC, % 85'and SUNNY, LLC, a NC a NC Limited Liability Company Limited Liability Company P. 0. Box 1398 O 01 9919 Stephen Decatur Highway Portsvouth, VA 23705 Ocean City, MD 21842 The designation Grantor and Granteea used herein shall include said parties, their heirs, successors, and <Feigns, and shall include singular, plural, masculine, feminine or neuter as required by context. NITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby gnowledged, has and by these presents does grant, bargain,: sell and convey c- to the Grantee in fee simple, all that certain lot or parcel of land situa d in Poplar Branch Township, Currituck County, North Carolina and more partily described as: See Exhibit "A" C^ C^^ll Y� d 0 �m RECEIVE® �� Nov 19 20�8 DCtA'W 1R0 CITY Book 11W9 Page 390 o The property bereinaoove described was acquired by the Grantor by instrument recorded in Book 1139,-Page 14, Curriteck County Registry. All or a portion of. the property harsin conveyed includes: or X does not glade theprimary residence of a Grantor. T ft AND PO HOLD the aforesaid lot at parcel of land and. all privileges and\{ppurtenances thereto belonging to the Grantee in fee simple. �. And t46 Grantor covenants with the Grantee,. that Grantor has done nothing to .impair casA title Grantor received, and Grantor will warrant and defend the ti .against the lawful claims of all persons claiming by, under or through . ntor, except for the exceptions hereinafter stated. Title to ee property hereinabeve described is subject to the following exceptions: lV Easements and strictiena appearing of record, and all zoning ordinances and other land regulations applicable thereto and ad valorem taxes .for 2DIS. SIGNATURES ON FOLLOWING 'PAGES. _. jI I d - I O i n { ._ .,_Book 1449_Page391 It G �p �� CIN WITNESS WHEREOF, the Grantor has caused this instrument to be signed ``''the day and year first above, written. 0 Y�� BGP PROPERTIES, LLC QBY:�`..iQ-�'.-----'� E. Pappas, Man�aggerr m By: `v�X S. Earl Griffin, Ma. rr By: Lewis W.Bridgforth, Manager STATE OF I, the undersigned Notaep Public of the County and State aforesaid, certify that John E. Pappas, I Manager of BGP Properties, LLC, a NC Limited Liability Company, perso lqy appearetl before me this day and acknowledged the execution of [he foreq iq^g\ instrument. Witness my hand and Notariall�t amp o/rr ssype�a�l� t�h/is th/\e/����j7 n�I 1day o%f� June, 2018. )NOTARY STAMP/REAL) Q Notary Public My commission expires: TIZJ00 Book 1,149 Paqe 392 i 0 O \CC` �n IN WITNESS WHEREOF, the Grantor has caused this instrument to be gned the day and year first above written. BGP PROPERTIES, LLC O^ By: Pappas, nager �lD� ey XX S. Earl Griffin, Ma er l' y da., w By: &n:Jt Levis W. Bridgforth, Manager STATE OF I, the undersigned Notar�rPublic of the County and State aforesaid, certify that Lewis W. Bridgforth, \\�����. Manager of BGP Properties, LLC, a NC Limited Liability Company, persona Fly appeared before me this day and acknowledged the execution of the foregoiV.trument. Witness my hand and Notarial stanq orseal this the e day of June, 2018. (NOTARY STAMP/SEAL) CV, tary My commission expires: \\��Tfy p(ARYp f 7 o RE- o , r - k#'R ry =$:3 = =moo'.. 2433 j e Book 1449 Page 394 +kieYeby m' for a mare complete andaccurate, tlescription.'by metes '-and 6ovnds 0 �VtAANSFBRTARAM UNf3 co I� 4ATEfCOLL MIt 0� tCoUega "®Th�t.Nf-" tTaw r`�te BY-J.�:Cadfication &pgre La6wof following certification date Excise Tax: oi�mnN3W14 � Recorded: aa69t/ Ree Ant 26.00 PeGl t 09:549 AM FeeExer. T. i26.W Page t of g 00 cumu Tax umvN North Denituck Courts gvs of De a Deriae A. Had, Register of Daetls BK 1449 PG 381 - 389 (9) CAROLINA SPECIAL WARRANTY DEED Parcel lderdifieation..0079-0000001-0000,.0079-0000002-0000, 0079-0000004-0000 Verified by County o fM _ day of _. _ _. 20 Mail/Box to: This instrument was preparValr hristo her L.-Seawell Brief description for the Index: �ldt d Psmd Poplar Branch To nW shiR THIS DEED made this ?fa day ` e, 2018 by and between: GRANTOR—r—�l GRANTEE HAMPTON LODGE CAMPGROUND, LLLy� > 85'and SONNY, LLC, a NO a NC limited liability company( limited liability company P. 0. Be. 1398 Q^ 9919 Stephen Decatur Highway Portsmouth, VA 23705 \l'Ocean City, MD 21842 The designation Grantor and Granteev✓tes used herein shall include said parties, their heirs, successors, and ✓✓ signs, and shall include singular, plural, masculine, feminine or neuter as squired by context. WITNESSETB, '. that the Grantor, for a valuableconsideration paid by the Grantee, the receipt of which is hereby knowledged, has and by these presents does grant,. bargain,. sell and ccnve nto the Grantee in fee simple, all that certain lot or parcel of land situ d in Poplar Branch. Township, Currituck County, North Carolina and more partiQl.arly described as: See Exhibit "A" C Y� 16 0 9 Z016 �Drj NOV 1 � ®CM -WARD Book 1449 Page 381 w jp Nllb3,, ' L£64Z£ S HAWN '• N9ilvelsie3a = >l0 L I'. J O ,(� aasrdxaJW _JOTIqn'd,�(Ve1o)N 0P ('IV3S/dWtlSS dNVSON) "BTOZ 'aunt 3o .tep aya sTy1 Teas 3a dwell Tetxe:oN pue puey ,tw Ssa'JITM ;uawnsasut bu Tobaso; ay: ;o uoFlj� za eql pa6paTnouyne pue bap sTy: aw aao;aq paaeadde ATTeuosiad 'Auedwo0 R1t7�4g T? pe4,vTT eu?Toaep yaaoN e '0?? 'punozbdwe0 a6po? uoadweH ;o aabeuew sev(f }so;6pTsg 'M s;na7 aeya AJTIseo 'pcesaio;e a4ea5 pue r;luno, ay1 ;o oT tgn&;KeaoN paub}ssapun aya 'T S.IJ/S.3d10A9- I� 30 UNIS YIP sabeueW 'ygso;bpTsg ',y srna? eueW 'uF33 tag iae3 'S V sabeueW 'sEdded .3 Q -- Ae P 0'I'I 'aNNON9dwvD 3900? NOZdu fl uaa.:an anoge asat; aeax pue Apo aya pau6TY� aq of aua=J'SuT sty, pasneo Sey 1o'a PJS ay] '303H3HM SS3NJIM NT 0� w �0 �� IN WITNESS WHEREOF, the Grantor has caused this instrument to. be signer C,''^the day and year first above written. HAMPTON LODGE CAMPGROUND, LLC By: E. Papp s, anager By '44 S. Earl Griffin,. Mara e By: ek+7 .a.f Lewis W.. Britlgfor th, a age' STATE OF V12J •M - H-/CITY OF I, the undersigned No6012'Y Public of the County and State aforesaid, certify that John E. Pappas, of CNanagen of Hampton Lodge Campground, LLC, a North Carolina Limited Liabll*Y Company, personally appeared before me thisday and acknowledged the execution of the foregoing instrument. 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SS •uTm 13 ,11 TT 'bap 89 4JJON !1aa; MILT ISOM 'oas OZ -uTm 9E •6910 6L 411oN flaa; ,,A Z9'09T asaM 'Dag EO 'UTm TZ •6aP L9 411ON !laa; T9'T8 asaM 'oas BE Qf Q The above described parcels were acquired by S. Earl Griffin, John E, �. Pappas .and Lewis W. Bridgforth, Partners, T/A Carolina -Virginia Yt� Associates, by Deed dulyrecorded in Book 178, Page 641, Currituck \,3 County Registry. Thereafter, Carolina -Virginia Associates, a General Oartnership, .under the laws of. Virginia, by conversion became �aYolina-Virginia Properties, L.L.C., a Virginia limited liability cf,)Opany,pursuant to a Certificate of organization issued by the State Co�ration Commission in the State of Virginia as of. June 13, 2000. Thereafter, Carolina -Virginia Properties, L.L.C. was changed to Hamp d Lodge, LLC; pursuant to Certificate of amendment issued by the State &rporations Commission as of September 17, 2007. Reference is made tiDCorporations Book 7, Page 755, Currituck County Registry, confirmi6l these changes. Thereafter Hampton Lodge, LLC was merged into Ramp. Lodge Campground, LLC, the Grantor herein, as evidenced by filing? th the Secretary of State of North Carolina on September 28, 2010, as same is recorded in Corporations Book 7, Page 760, in the Registerrv� Deeds of Currituck County ID J AN 2 5 2019 Cog-ivtiHi7 CITY Book 1449 Page 389 I RECEIVED r o T � LLI 2T :_=: s U RI w LEGEND 0�, ill evSnw I rxviceNx w. FIHO MHMD'Y L)kI450Y.J �.. CMSTK 'I.ETNIaS •SLIK.N NN Fpb PRELIMINARY T' :". FOR CAMA °"' *..,,PFRMITPING :.:..:� ]. PN =. ONLY .. (.� N.P.M. 1u.NN: ,n .' x+. 11 M. . ^\ n.. WCQT« CT 10 TV 0RTS n RfN CxlEX5g1 la � :•, .�\ BfPIAf£ EpSMIc a. RTIL. T.T,.T nEMNI/.RtliYS ..1 VNK NE.N J.. 1� 40 !P Br Y FT O) a (a) ".\.. ... . _� STRING RFA c. Nxnnu [risunu cwurtm wui xraP ANO SONI TO OF a if CT ] R - � alf1UN TO NECONNECT .:� TO UPI.ANDB � Y MSTHNG CONCRETE BOAT ftTR J �( I z Y LOAS rAI � F rnzm ror / v i i T _ f i BEPEgS11NC RJ V 6 BT 10 !T RATE R yy i F �' / ✓ WITH 32IF BY J FT RFA ITT) a u' 9v 3 Pr caNNccnaN 6 C�r� p =yza3 To uwwos �, 4F 'Nc qka 85 }K R PIER aE auovEo / �Tlm°' F gj iW "�xy6tfp 3 6 caa.rFt rtn.vo ure 21 0:\2016\P 16099\Drawings\P16099-CAMA.dwg 10/31/2018 8:57 AM Tmurphy J� ovum. 00 a 0 m.. p~ p fm-b Dp O D m n� bbbm O Npr�C ]INIr'al m� �A OOOb mmmgo 2 0 V� Om APb y DAD Oa �.mm myWZ 'g0 "II mbJj NWApI Obm Ob_U p N� ±IWpm rpC N PAWJ \p\\\ ZDbD mp .. 021 m 0000 Oy TI I/1 1 yZD P P JJJV 0000 <ZC Z .lClm< rZ O< 0000 0p mO r 0' my0Dz 0000mD0 NC= Vm 0000 00 rnrn m O mZu, .. NmD4 �~ R•�o a ( wog 0 FFCm DD�D ... ,. mm< l Firm < PP8� < \ AooA+ « NTb0 SE 00 O Z O I n JI I I \\\ l r- 7 64 l i '.K >• cuaemeK .xAo PROJECT COPYRIGHT © 2018 QUIBLE & ASSOCIATES, SHEET 1 OF 8 - OVERALL VIEW `0 III NC License#: C-0208 F18099 THIS DOCLIM PROPERTY OF OUIBLE & ASSOCIATES, P.C. ANY ALTERATION OF THIS DOCUMENT IS HAMPTON LODGE [Sy � Q 00 ry m Quible SINCE 1959 DRAWN BY v Associates, P.C. PROHIBITED. O r JTM/JMH IF THIS DOCUMENT IS NOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE WATERFRONT CAMPGROUND POPLAR BRANCH TOWNSHIP CURRIUCK COUNTY ti r (] "" Iyy ENGINEERING'' " CONSULTING " PLANNING ENVIRONMENTAL SCIENCES " SURVEYING•" CHECKED BY CONSIDERED PRELIMINARY, NOT A I"C ���111 Ly --ENG./SUR. NOT OFFERED CERTIFIED CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, RECORDATION, SALES OR LAND NORTH CAROLINA 0 400 800 �yy /-r > 1-rl yy� AT BUCK MTN. OFFICE 8466 Corutoke Hwy, Powell' Point, NC 27966 Phone: (252) 491-8147 Fax: (252) 491-8146 DATE CONVEYANCES, UNLESS OTHERWISE I-C 90 Church St., Ste. B. Black Meunfoln, NC 287111 Phone: 793-0398 Fox: 10/12/18 N GRAPHIC SCALE IN FEET 1"=400" (828) (252) 491-8146 admin;slroforOquible.com . PROPOSED WORK A. REPAIR/REPLACE 1,913 LF OF EXISTING BULKHEADING B. REPAIR/REPLACE 121 LF BREAKWATER C. REPLACE 397 LF JETTY WALLS D. REPAIR/ REPLACE EXISTING PIERS D.A. (1) 72 LF BY 4 FT WITH 12 FT BY 10 FT PLATFORM D.B. (2) 150 LF BY 6 FT WITH 20 FT BY 20 FT PLATFORM D.C. (3) 32 LF BY 4 FT D.D. (4) 72 LF BY 4 FT WITH 24 FT BY 12 FT PLATFORM WITH ADDITION OF A 50 LF BY 4 FT EXTENSION TO RECONNECT TO UPLANDS D.E. (5) 224 LF BY 4 FT E. REPLACE TWO EXISTING CONCRETE BOAT RAMPS F. REPLACE EXISITNG 18 LF BY 9 FT BOAT HOUSE G. PROPOSED MAINTENANCE DREDGING OF EXISTING ACCESS CHANNEL AND BOAT BASIN - 127 CU YRDS LEGEND 404 WETLANDS L--:1 COASTAL WETLANDS L- —J GURRI W K SOUND E 121 iEE DETAIL ON SHEET I / / P / z AV7 a / x / I , REPLACE / EXISTING / 1387 LF BULKHEAD g ! (SEE DETAIL A k / ON SHEET 7) NO ROOTED EA6. TERED M. k / R / 0 / REPLACE k EXISTING 1 72 LFX 4FT O IP PIER AND i 10 FT BY 12 FT -c«' PLATFORM =IELD 4PPROVED 5EGTION 404 D Zqrq� o C�• z_=_�nmNm I m N 1 u I m /� _yam iZ_Z • W • O NPNE G w VI. cm cn° 1° c ? V* 3a�o�i Z VIZ 3 p I\ Z V^/ •U UUm6-mn- vl� 'mmo2 G• j1 1 am F •vi°nE •� Go Zu �Pn�ma WZ�°�ry �y`'I rur 'V w1Z•1: •0>0> PRELIMINARY FOR CAMA PERMITTING ONLY Cep�7" U 00 O N m 1 U O m Z �='w' • n+o+ • U=z��m�q 1. PROPOSED WORK ENOTES- REPLACE SA✓HABITAT v m • g u o to w x a A. REPAIR/REPLACE 1,913 LF OF EXISTING BULKHEADING A ? a > CONCRETE BOAT x B. REPAIR REPLACE 121 LF BREAKWATER RAMP h § n W w J •`+� •`+ E C. REPLACEE397 LF JETTY WALLS D. REPAIR/ REPLACE EXISTING PIERS 52 LF X 18 FT \ u N y z • 3 d`�"o.�.3 D.A. (1) 72 LF BY 4 FT WITH 12 FT BY 10 FT K REPLACE '• y�j -~+u _ oa a PLATFORM x EXISTING i D.B. (2) 150 LF BY 6 FT WITH 20 FT BY 20 FT 212 LF BULKHEAD •N o "z_' ' 8 C m a 2 PLATFORM REPLACE \ D.C. (3) 32 LF BY 4 FT - EXISTING O ,p k2 x "lq7' A I i D.O. (4) 72 LF BY 4 FT WITH 24 FT BY 12 FT 'M �R/o q 32 LF X 4 FT k T' -I.�' i k \ LINE rij o • i 1 v N n ` ox^i - PLATFORM WITH ADDITION OF A 50 LF BY 4 FT k m' NhY ._ •� • EXTENSION TO RECONNECT TO UPLANDS STAGING PIER 3 p '� n k f : y D.E. (5) 224 LF BY 4 FT k xE. REPLACE TE BOAT RAMPS F. REPLACE E%ISITNG 18 GLF BY 9EFT BOAT HOUSE ��'� ��\: •••"' j i e os a C. PROPOSED MAINTENANCE DREDGING OF EXISTING m _ ���'� I[ ���:i.. - r.-•.'�' 0�==� maU ca .. .. / WW• O ACCESS CHANNEL AND BOAT BASIN �� 1., ..�,: �"���.�i..; .••::�:..... - 127 CU YRDS NO ROOTED x LEGEND EAR r:....r;.;. PRELIMINARY r 404 WETLANDS o / : ._ :............... FOR CAMA r---i \..: '..`.. PERMITTING ,... , COASTAL WETLANDS ONLY FIELD APPROVED SECTION 404 i / YETLAND LINE i i / O REPLACE EXISTING x /' - O 1387 LF Y Q/RRIWK BULKHEAD O o (SEE DETAIL A ON �° ��� 7� W 0 e SHEET 7) i p " O UOD U ZI A.SrygLTAfILL/, oo - I EX15TM6 14 I RE-5/PENCE O 0 N 0 N o = I Ex/sTU'K = - �D 4 D o 5TO � a co / a REPLACE EXISTING a 150 LF X 6FT PIER NTH g i 20 FT X 20 FT PLATFORM x i wo i (SEE DETAIL B ON SHEET 7) t / / z "' a o m a c o GWaW zW�Z Fg= ONp6J NOS-005w1- ZZ NawH Szozz<zwN EX/5T/AG ion c�Fm-iowz.2v zZ U<NyOj SO WUKwrc JO BA i4 z�oa 7SOD�ovTz Ae2' / o kilo c� iWowoz a w z w oacw.� -429' / 00 uwti Upprrrw O, / Ja< Cm OO JOmy U OD-W !w wza m ww / ExisnNs RECEIVED ��ow�� / U NO ROOTED IETAL 5A✓ % / / BUILD/WI ENGGIAJTERED JAN 2 5 2019 k / 0$ 3 Y W u� ma / M-MHD CITY a w L n E 0 0 1. PROPOSED WORK A. REPAIR/REPLACE 1.913 LF OF EXISTING BULKHEADING B. REPAIR/REPLACE 121 LF BREAKWATER C. REPLACE 397 LF JETTY WALLS D. REPAIR/ REPLACE EXISTING PIERS D.A. (1) 72 LF BY 4 FT WITH 12FT BY 20FT PLATFORM D.B. (2) 150 LF BY 6 FT WITH 20 FT BY 20 FT PLATFORM D.C. (3) 32 LF BY 4 FT D.D. (4) 72 LF BY 4 FT WITH 24 FT BY 12 FT PLATFORM PATH ADDITION OF A 50 LF BY 4 FT EXTENSION TO RECONNECT TO UPLANDS D.E. (5) 224 LF BY 4 FT E. REPLACE TWO EXISTING CONCRETE BOAT RAMPS LEGEND L.F. 404 WETLANDS 4�.'_�_ T---� COASTAL WETLANDS A{' CRlD N.1gy3T41»� 72 LFX4FT PIER MATH 24 FT X 12 FT 5I.K7RELINE PLATFORM Oft) (SEE DETAIL B ON LIMITS OF TYP. SHEET 7) EVALUATION 5AV HABITAT 50 LF X 4 FT \ \ DIFR [YTCNtlOu G(/RRIWK COUND (SEEDETAIL ON SHEET 7) LREPLACE\. EXISTING \ F BY9FT :)AT HOUSE AND 86 LF APPROVED APPROVED �..':.....'. •;. :. 5E6T/ON 404 COASTAL PF7L4NO LINE 1^^lETLAND LINF \�'.' .......7 /DI61TIMLI NOT �'•I SI.RVEYEDJ FA DISPOSAL AREA 30 FT BY 60 Fl _v EX15TINS BORROW PIT 040H J.R1501CTIONALI <751 LACE STING I LFX 4FT i VATH R ov IA cr RE5/DEAL'E A5PWT MILLIA65 RECEIVED N O — (! Z_ O N q I a U • ��NIVI 2 ^ 4.1]W � =Ia . �..� UUIU/Iu j•Um0 O•:=:M J FAQ � YYNh VIUZ iE.V�m pia 2H'"m ZC� •o� _YWW. OdOy PRELIMINARY FOR CAMA PERMITTING ONLY U Y U 00 � a A U O O O x z z QO; jy o wWJ � � x U o x a w z4 0,0 azw<z w .:E<i wZL-zoirH- yw w zw'IZ �F �w OUJ N',4Qpy2 NU 0. O W 2 a 0 ti 4 N� p 0 0 0 N< W W O W Z G < W N . F a N t W W O <J W p N 5 l%- -z 3 J Z U< Z w .oLR� WULL'Wy 0z t-I^w 02U0230i Z O�E4z D<vww OOQU O U 2 w ow O z U 0 U ti Op 0~ w U J< O Dm6' CAM ZI w, w oo J� I"�owMw I J tiM UU H wo U DCM-MHD CITY I a � = m ? O W w U 0 w o x U v:\..o\r iovae\vrawmgs \r,auaa-' . ..y w,,,/.. a.,a nrn nrarPn, F � F F D m z n m 4 \ F er, F m N PROJECT COPYRIGHT © 2018 OUIBLE t ASSOCIATES, P.C. SHEUr 6 OF S - CAMA PLAN ro NC License/: C-0208 P18098 THIS DOCUMENT IS THE PROPERTY OF O@ASSOCIATES, P.C. ANY ALTERATION ION OF THIS DOCUMENT IS 'b � O U1 SINCE I959 H.A.MPTON LODGE DRAWN BY Associates, PROHIBITED. 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