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HomeMy WebLinkAbout48-19 Soundwaves of Nags Head LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 48-19 Issued to Soundwaves of Nags Head LLC., 4025 W. Soundside Road, Nags Head, NC 27959 Authorizing development in Dare County at adj. Roanoke Sound, at 4016 W. Soundside Road, in Nags Head as requested in the permittee's application dated 2/12/19, including attached workplan drawings (2), PhysicalSurvey dated "Received DCM-EC 2/19/19" and C201 dated "Revised 6/4/19". This permit, issued on June 21, 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 )r mese terms may oe suojecr to nnes, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization — Bulkhead and Rip Rap 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead and rip rap alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the 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 Chair of the Coastal Resources Commission. Brax on C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Soundwaves of Nags Head LLC. ADDITIONAL CONDITIONS Permit No. 48-19 Page 2 of 3 3) The alignment of the authorized bulkhead and rip rap shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of30 days prior to the new expected start of construction. 4) The rip rap shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 5) The bulkhead shall be constructed prior to any backfilling activities 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The fill material shall be clean and free of any pollutants except in trace quantities. 8) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 9) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead Sedimentation and Erosion Control 10) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Upland Development 11) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated witli the development of the above referenced property, including the raising of the single family residenO, decking and associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Easement 12) An Easement from the Department of Administration's State Property Office will be required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands to determine if such an easement will be required. Any required easements shall be obtained,, and a copy provided to the Division of Coastal Management, prior to the construction of the bulkhead authorized under this permit. Soundwaves of Nags Head LLC. ADDITIONAL CONDITIONS General Permit No. 48-19 Page 3 of 3 13) 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. 14) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions.of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to ti project initiation. . NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-00555) issued 6/6/19. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2019-0391 issued 6/18/19. 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 perinittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 Was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New ✓ Major Mod Permit# Permit Coordinator: Field Representative: Minor Mod Renewal Transfer Date Time Message Sl li9 04� p s?,C> iv clasc4ss 6urk4fd /of r�:�., C"a*te, (") 907-11WO �r���4 l4l(ecl SPo 1u t415t"ss i201t9 5��. ?0 is towWe vy"O'rfi' or tjm',o 9W /'yt' bwt0e0J SL141(A0 4(�rsj a,Y/ Co►. 4ef 4(_Y11i4r4, 5P0 also w5dsiZ Aet-_ 4 —pxdT 0, ttvi-tal Flaws "13�19 !!wa�(tc► ` ''� �eMct�+� 1 �41 � 4 ( i� re 5tms r uu yf&e flee. �;Sw .-, al�es4 xalY� will ►r a���P DwILIusAeG s�o� 54� 5c * LPo C w f Pfaff-). 046,ti to Le Nka; (e 1. "15�19 �k, 40A� vie tVACL \ G 0 f • ;,j, F°�' r, ;and fl-w4.fjp lip 4A F RE: [External] RE: Soundwaves of Nags Head Moser, Mike Tue 7/9/2019 2:34 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Gregg, After further review of the plans, we will not need an easement for this project. It appears that the new design will be closer to the shoreline than the previous plan. Mike Mike Moser General Real Estate Manager State Property Office Department of Administration 116 West Jones Street Raleigh, INC 27603 919 807 4680 office mike.moserfdrdoe.nc.ggv_ e� NC Department of Administration tea. Email correspondence to and fmm this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, June 21, 2019 8:54 AM To: Moser, Mike <mike.moser@doa.nc.gov> Subject: RE: [External] RE: Soundwaves of Nags Head I will put in the easement condition. Gregg From: Moser, Mike Sent: Friday, June 21, 2019 8:28 AM To: Bodnar, Gregg <gLqgg bodnar_ncdenr.ggy> Subject: RE: [External] RE: Soundwaves of Nags Head Gregg, C',-V,( fit,K rw (T(alra) nakvs jj%� tiv cep: fiLw-, � �CHPt� QttA�� We are fine with the new design but we will need to give a submerged land easement to the landowner at some point. Mike Mike Moser General Real Estate Manager State Property Office Department of Administration 116 West Jones Street Raleigh, NC 27603 919 807 4680 once mike.moser@doa.nc gov a NC Department of Administration Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <grregg dnar ncdenr.ggy> Sent: Thursday, June 20, 2019 4:40 PM To: Moser, Mike <mlke.moserCddQAX&--ggy> Subject: RE: [External[ RE: Soundwaves of Nags Head No, you can do that via email and that will suffice as my documentation. Gregg From: Moser, Mike Sent: Monday, June 17, 201910:32 AM To: Bodnar, Gregg <grggg.b nar@n r.gov> Subject: RE: [External] RE: Soundwaves of Nags Head Gregg, I think we are fine with the new design. Will you be sending out another Comment sheet since I will need to mention that the State will need an easement? n' T" Mike Moser General Real Estate Manager State Property Office Department of Administration 116 West Jones Street Raleigh, NC 27603 919 807 4680 office mike.moserfddga.nc.ga aNC Department of Administration Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gtcgg,kQdIIdL@JJ9j Gg4Y> Sent: Monday, June 17, 201910:10 AM To: Moser, Mike <mike.moser@d—i Subject: FW: [External] RE: Soundwaves of Nags Head Morning Mr. Moser, I Just wanted to check in again to see if the redesign that puts the bulkhead about 8-10 feet in front of the residence Is acceptable to State Property. If you all are good 1 will be able to begin to finalize things on my end. Thanks, Gregg :: �: Q�,� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 8082908 ext215 (Office) Greve Bodnar@ncJenr.wv Email corn,vo deme to and from the address Is subject to the North Carolina Public Records Low and maybe disclosed to thkciparties. From: Bodnar, Gregg Sent: Tuesday, June 04, 2019 4:40 PM To: Scarbraugh, Anthony <anthony scarbraugtL@.Qgd=g4Y>; Josh R SAW Pelletier' <Josh.R.Pelletier@usace.army.mil>; Moser, Mike <mike D219L@ .nc.ggy>; Kelly Wyatt <elly.wyatt ar.gov>; Tankard, Robe<robe.takard@cdenrg4y>DtnoNRobert Cc: Carver, Yvonne <yvanne.carver@nnJrrggy> Subject: FW: [External] RE: Soundwaves of Nags Head Afternoon all, Please see the above workplan revision for Soundwaves of Nags Head for your records. The bulkhead was moved landward and the decking was reduced to meet CAMA rules. Please respond as able If these workplans modify any comments previously provided to DICK Thanks, Gregg D_EQ> rb�rr®elmq\ � Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 908 2908 eat 21S (Office) Greee.BndnarNl ncdem.eov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third panic& From: John Delucia<j ho nd@,a I bemarleassociates.com> Sent: Tuesday, June 04, 2019 4:36 PM To: Bodnar, Gregg<gregg. hadnaL@ cZdgncgov> Cc: Carver, Yvonne<yvonne.carver@ncdenr.gw>; M.Chimento <gi nni entora.g a' co > Subject: [External] RE: Soundwaves of Nags Head CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Lp9tL.spaa @rLr.gpv Greg, Here is the revised drawing. I copied Yvonne and the owner. Thanks again I will put five copies in the mail you should have them by Thursday. Sincerely. John John M. DeLucia, PE Vice President Albemarle & Associates, Ltd. 42Q@AlbemadeAssociates.com www.AlbemarleAssociates.com PO Box 3989, Kill Devil Hills, NC 27948 (Mail) 115 West Saint Clair Street, Kill Devil Hills, NC 27948 (Street Address) Ph 252-441-2113 Fax 252.441-0965 CONFIDENTIALITY NOTICE. This message, Including any accompanying domments or aneNmemis, may contain Infornmon Nat Is coMdendal or that is privileged. If you era not the Intended redpleat of No massless, please note Nat the dissemina5un, distribution, use or moving of Nis message or any of me accompanying dacumeals or agachments is sWdly pmhlband. It you believe Net you may have received Nis message in error, please ranted me at 2UA41-2113 or by return email. From: Bodnar, Gregg <gLegg.bo a cdenr goy> Sent: Monday, June 03, 2019 8:54 AM To: John Del ucia <johnd@albemzrleassociates.rom> Subject: RE: Soundwaves of Nags Head I forgot to add a piece to the previous email. I also left you a message. Please give me a call so we can discuss and make sure we are both up to speed on the redesign options. Thanks, Gregg From: Bodnar, Gregg Sent: Monday, June 03, 2019 8:47 AM To: John Delucia <johnd@albemarleassociates com> Subject: Soundwaves of Nags Head Morning Mr. DeLucia, I wanted to check in to see how things were progressing with the workplans and your discussions with the applicant. We are coming up on the 75 day an 6/5/19 and I was contemplating whether a hold was appropriate for the redesign if you needed more time. I will be out on leave next week so if more time is needed please let me know. We can place the project on applicant hold as well as an option. Thanks, 4.a Gregg sww+ut.�voe� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Duality 252®g 2>alg eA 215 (Office) Greve Bodnarrdncdenceov Emuff oorrespandenre to andfrom this addressis subjert to the North Carolina PublicRecards tow and maybe disclosed to third parties. Email covesPondenae to and from Ws eddmss may be cabled to lba Nodb Cemlina Public Records law and may ba distlosed to Mid panics by ....Mond slate affidal: RE: Soundwaves of NH and State Property Huggett, Doug Tue 7/9/2019 2.54 PM To: Bodnar, Gregg <gregg.bodnaribncdencgov> No, I would say the documentation from SPO that no easement required would satisfy the condition. From: Bodnar, Gregg Sent: Tuesday, July 9, 2019 2:49 PM To: Huggett, Doug <doug.huggett@ncdenr.gov> Subject: Soundwaves of NH and State Property Hey Doug, I got a call from Mike Moser while I was up here in E City and after additional review he has decided not require an easement. He will be providing me with documentation for the file. The language in the permit does require a copy to be provided to DCM. Do we need to amend the permit to remove the condition? A copy of the draft permit with the condition is above. Thanks, Gregg Q Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BOB 2808 eat 215 (Office) G reee.Bodnar6Dncdenreov Email mrreWadence to and from this address is subject to the North Carolina Public Records (ow and may be disclosed to third parties. a DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Soundwayes of Nags Head, LLC COUNTY: Dare PROJECT NAME: Click or tap here to enter text LOCATION OF PROJECT: 4016 W. Soundside Road DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-22-19 FIELD RECOMMENDATION: Attached: No FIELD REPRESENTATIVE: Carver To Be Forwarded: Yes DISTRICT OFFICE: ELIZABETH CITY DISTRICT MANAGER REVIEW: 3(aY115 QA.A. 4-e F.S. B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140) # Click or tap here to enter text. APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 3-31-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 6-5-19 HOLDS: EMAIL OUT DATE: 3-27-19 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE. DATE: 4-20-19 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 4-17-19 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep 2-01 4 DCM - LUP Consistency Determination ulrro11 s Local Permit Officer Corps of Engineers - Regulatory Branch DWR-401 Section Mr DWR-Public Water Supply 3t�j X DEMLR- Stormwater&Sed/Erosion St1E NG X S DOA - State Property Office urlg /1 Wildlife Resources Commission N�t7�1� !° DMF - Shellfish Section DMF -- Habitat & Enhancement y�1 y le RECEIVED DNCR - Archives & History 4115 l DNCR -- Natural Heritage Program DCM-MHD CITY NCDOT Rural Development Division ROY COOPER Governor MIC14AEL S. REGAN Secretary BRAXTON C. DAVIS Director March"27, 2019 MEMORANDUM: NORTH"CAROLINA Environmental Qualffy FROM: GregglBodnar, Assistant Major Permits.Coorainator NCDEQ -Division of Coastal Management 400 Commerce;Ave., Morehead City, NO 28557 Fax: 252-247-3330; (Courier04=16-33) creaa.bodnar(@ncdenr.cov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundwaves of Nags Head, LLC Project Location: 4016 W. Soundside Road, Town,ofNags Head Proposed Project: Construct a vinyl bulkhead, backfill,.add riprap, raise existingAwelling and place on new foundation, construct new deck,and steps.. Please indicate below your agency's position or viewpoint on the proposed project and return, his form foL Greoo Bodnar at the address above by April 17,2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901,'ext. 237) when appropriate, in-depth. comments with supporting data is requested. REPLY: This agencyhas no objection to't{ a project as proposed: .*Additional comments may be a '• ttached his agency has no comment on the proposed, project. This agency:approves:of the,projectonly if the recommended changes are incorporated. See attached. This agency, objects to the project for reasons described in the attached comments. PRINTNAME `ZC, o6k-Cx ,AGENCY NC C1l/✓%Ytiny GG SIGNATURE1i' DATE D EQ RECEIVE® MAR 2 9 2019 MP SECTION MEAD North Carolina Department otEnvlronmental Quality I"Division of Coastal Management. Elizabeth City office '1 401 South Griffin Street Suitt 300,1 Elzabeth City, North Carolina 27909 952.2643901 4 ROY COOPER abye ff MICHAELS.REGAN sea«mr BRAXTON C, DAVIS 011raor March 27, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 262-247-3330 (Courier 04-16-33). greao',bodnarRncdencgov SUBJECT: CAMA/Dredge & FN Application Review Applicant: Soundwaves of Nags Head, LLC Project Location: 4016 W. Soyndside Road, Town of Nags Head Proposed Project: Construct a vinyl bulkhead, baekflll, add riprap, raise existing dwelling and place on new foundation, construct new deck and steps. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by April 17,2019. If you have any questions regarding the proposed project, contact Ron Renaldl (252-264-3901, ext. 237) when appropriate, In-depth comments with supporting data Is requested. REPLY: v This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only If the recommended changes are incorporated, See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shc�ilt� D t r i�o� AGENCY SIGNATURE" j DATE RECEIVED E® MAR 2 9 2019 MP SECTION MHD North cuoU abepartment afrnvhonmentalQya@y 1 WslanafCoastal Mam5n Ehubethc tyOftice 14015auth G11nInStseet,Sutte300 I a0mbethc1ty,NonhCu dna 2r909 2M64.3901 -ROY_`COOP_ER -,-,-•--.-._-_._EnWronmental Qualfty� _..,__.r.____... MICHAELS:REGAN BRAXTON,C. DAV..I$, Mortar March 27, 2019 MEMORANDUM: FROM: Gregg.Bodnar, Assistant Major Permits Coordinator` NCDEQ , Division of Coastal:Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330,(Courler 04,t6.33) grega bodnar0c cdenr:gov SUBJECT: CAMAIDredge & Fill Application Review - ---Applicant: Soundwaves;of Nags Head, LLC Project Location: 4016 W. Soundside Road, Town of Nags Head Proposed, Project: Construct'a vinyl bulkhead, bac,kfilt, add rlprap, raise existing dwelling and place on new foundation, construct new deck and steps. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar:at the address above by.April ?7,2019. If you have any questions regarding the proposed project,. contact Ron Renaldi (252-264-3961, ext: 237) when.appropriate, in-depth comments with supporting data is requested. REPLY:This: agency: has no objectiomto the project as proposed. **Additional comments maybe attached,*._. This agency.has no comment on the proposed project. _ This agency approves of the..projectonlyif the recommended changes are incorporated. See attached. This agency objects to the'project for reasons described in the attached .. _._ PRINT AGEN SIGNA DATE amm�ntts. NAMELy�l CY Nblk W it Ste &� Seck(i5m RECEIVED TURF MAR 2 9 2019 IQ lev North Carolina Oepartmentof F.ttvlronmental Quallly Divislon of Coastal Management Elizabeth City Office 1 401Sot)lh6r1ft1n Street S6ite3D0 ElizStieth City.North CSrollna27909 252.261.3901 ROY CQOP,ER Governor MICHAELS. PEGAN Secretary BRAXTON C. DAVIS Dfreca r March 27, 2019 MEMORANDUM: NORTH CAROLINA Environmentalf Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 4,00 Commerce Ave., Morehead City, NC,28557 Fax: 252-247.3330 (Courier 04-16-33) oreae.bodnar(a)ncden r:Qov SUBJECT: CAMA/Dredge &Fill Application Review Applicant:Soundwaves of Nags Head, LLC Project°Location: 401a W. Soundside Road, Town of Nags Head Proposed Project: Construct'a vinyl bulkhead, backBll, add-riprap, raise -existing dwelling and place on new foundation, construct new deck and steps.. Please; indicate. below your agency's position or viewpoint on the proposed project and return this form4o Greaa Bodnar at the address above by April 17,2019. If you have anyquestions regarding the proposed project, contact Ron''Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments; with supporting data is requested, REPLY: This agency has no objection to the projecfas proposed. "Additional comments may be attached" VThis agency has no comment on the proposed project. This,agency approves of theproject only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Jeffrey Rheubottom for Shannon Jenkins RECEIVED AGENCY Jeffrey Rh/eubottom for Shannon Jenkins SIGNATURE ` b DATE APR 2 2019 MP SECTION MHD North Carollna:Department of Environmental Quality I Division ofCoestalManagement Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252264.3901 ROY, COOPER Qef�mor MICHAEL S. REGAN Serve ' B!gMN C 0" March 27, 2019 MEMORANDUM: FROM: n-. 01 Gregg; Bodn NCDEQ - Dig 400 Commer Fax: 252-247 areog.bodi9ai SUBJECT:. CAMA/Drec Applicant: Soundwave: Project Location: 4016 W. Sou Proposed Project: 'Construct.a place on net Please. indicate below your agency REPLY.: PRINT NAME AGENCY SIGNATURE DATE its Coordinator ment NC: 28557 i Fill Application Review, Nags Head, LLC' ide Road, Town of Nags Head inyl bulkhead, backfill add. riprap„raise existing'dwelling,and foundation', constructne"w deck'and,steps. position or viewpoint on the proposed project and :headdress above: by April 1.7,2019, If you have any questions t Ron Renaldl (252-264-3901', ext. 237) when appropriate, in-depth' supporting data'i's requested. This agency f as no objection to the projectas proposed. **Addition al comments may be attached" This agency has no commenton the,proposed project. This agency pproves of the project only if the recommended changes are incorporaled. See attached. This agency objects.to the project for reasons described in the attached comments. M North RECEIVED APR 2 2 2019 IVIP SECTION MHD �� 3en[ ofEmlronmental Quality I DIVISIon OfCoastat Management tooth GrilnnStreet'Suhe 300 1 E1lrahethC1ty,Nor1h6rOU1 27909 ROY COOPER Governor MICHAELS.REGAN Secretory BRAXTON C. DAVIS Motor March 27, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) areas, bodnardnodenr.aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: SoundWaves of Nags Head, LLC Project Location: 4016 W. Soutndside Road, Town of Nags Head Proposed Project: Construct a vinyl bulkhead, backfill, add riprap, raise existing dwelling and place on new foundation, construct new deck and steps. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greno Bodnar at the address above by April 17,2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting date Is requested. _ This agency has no objection to the project as proposed. /"Additional comments may be attached" V This agency has no comment on the, proposed project. _ This agency approves of the project only If the recommended changes are incorporated. See attached, _ This agency objects to the project for reasons described in the attached comments. PRINT NAME G , e.S AGENCY /�G doI r SIGNATURE �ZLo!rg�� DATE y I7 / 5 I RECEIVED APR 2 2 2019 MP SECTION MHD North Caron Department of Envlronmental Quality I DkWon of Coastal Management alaabeth City Office 14015outh WfflnStreet.Su1te300 I Ebabeth City. North Carolina27909 252264.Ml ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 27, 2019 MEMORANDUM: NORTH CAROLINA EnvironmentalQuallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 26557 Fax: 252-247-3330 (Courier 04-16.33) Grego. bodnarl:Dncdenr.cov SUBJECT: CAMA/Dredge 6 Fill Application Review Applicant: Soundwaves of Nags Head, LLC Project Location: 4016 W. Soundside Road, Town of Nags Head Proposed Project: Construct a vinyl bulkhead, backfill, add rlprap, raise existing dwelling and place on new foundation, construct new deck and steps. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by April 17,2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data Is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. �a This agency approves of the project only if the recommended changes J are incorporated. See attached. �f laK This agency objects to the project for reasons described in the attached i 1 comments. PRINT NAME W M4C161 4; I l l etr8 AGENCY 4'tcc" f6,Q,( tQjl if i. r f SIGNATURE _WCL"AO- �i�-0,A ° �"�6��® DATE �— �Q— zV�� APR 2 2 2019 „ DEQ� NIP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street. Stdte300 I Elizabeth City, North Carolina 27909 2512643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 27, 2019 MEMORANDUM: NORTH CAROLINA Envkro enrdQuallh FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greag. tx3dnar(dlnedenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundwaves of Nags Head, LLC Project Location: 4016 W. Soundside Road, Town of Nags Head Proposed Project: Construct a vinyl bulkhead, backfill, add riprap, raise existing dwelling and place on new foundation, construct new deck and steps. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grew Bodnar at the address above by April 17,2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED AMF C Nqr jar . f'we NS AGENCY 1+ c s EQ — DATE t- I.o — 2.,51 f 9 APR 15 2019 ')CM-MHD CITY North Carolina Department of"narmental Quality I DMsion of Coastal Management Elizabeth City Office 1401 Smith Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coas I Management FROM: Charlan OwensICP, NE District Planner Division of Coastal Management SUBJECT: Major Permit Request by Soundwaves of Nags Head, LLC to install 70 linear feet of vinyl bulkhead and 20 square feet of riprap, elevate a single-family structure above the base flood elevation with a new foundation, and install a 10 foot by 28 foot deck tapering to a 7 foot by 10 foot deck and two (2) sets of steps; on property located along the Roanoke Sound, at 4016 W. Soundside Drive, in the Town of Nags Head. DATE: April 10, 2019 Consistency Determination: The request is consistent with/not in conflict with the Town of Nags Head 2010 Land Use Plan certified by the CRC on February 24, 2011 as amended through December 12, 2013, Overview: The .11 acre subject property has 60 linear feet of unimproved shoreline along the Roanoke Sound to the west. Water depths range from 6 inches to 1.5 feet below Normal Water Level (NWL) a distance of 25 to 50 feet from the shoreline. The property elevation is approximately 4 feet above NWL. The site is vegetated with lawn grasses and ornamental plantings. The property is in the AE (9) Floodzone. Existing site improvements consist of a one-story single-family structure built in the mid-1930's with associated porch, decking and stairs, a concrete driveway and septic system. The 2,082 square foot structure is built on pilings. Due to shoreline erosion that has occurred over many years, the waters of the sound encroach approximately 15 feet under the structure. An erosion escarpment 9 feet to 22 feet landward of NWL is located along the shoreline. Installation of 70 linear feet of vinyl bulkhead and 20 square feet of riprap, elevation of the single- family structure to above the base flood elevation with a new foundation, and installation of a 10 foot by 28 foot deck tapering to a 7 foot by 10 foot deck and two (2) sets of steps to access the elevated structure are proposed. The bulkhead will be 25 feet waterward of NWL at the southern end of the property and 50 feet waterward of NWL at the northern end of the property with an average distance of 37 to 38 feet waterward of NWL. The bulkhead will connect w rap on �EIVED �EQ> ,....... _.tiv..�. APR 15 20i9 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHO C'T Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1 y 252.264.3901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 2 adjacent properties to the north and south, with return walls to be determined. Rip rap will be installed waterward of the bulkhead where it ties into the riprap on adjacent property to the north. The area landward of the bulkhead will be filled with granular free draining sand and stabilized with vegetation after backfilling. The new deck will be located on the west side of the house over area to be reclaimed with installation of the bulkhead. Existing steps will be removed. New steps will be added to the decks. The waters of the Roanoke Sound in this area are classified as SA; HQW and are open to shellfishing. Submerged Aquatic Vegetation (SAV) was not observed growing in the project area. Shellfish resources were not observed near the project site. There is no record that the project site or structure is located on the National Register. A review of potential archaeological sites was not provided. Anticipated Impacts resulting from this project are expected to include: the filling of 2,517 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the shading of 350 sq. ft. of Public Trust/Estuarine Shoreline AEC, and; the disturbance of .1 acre of Public Trust/Estuarine Shoreline AEC. Basis for Determination: The Town of Nags Head Future Land Use Map identifies the subject property as "Single -Family Residential". A glossary of terms used in the policy statements is provided on Page 91. These include: Continue: a process going on without ending Shall: required to do The following LUP policy may be applicable to this request: Local Areas of Concern: Policy 8, Page 106. "The Town shall continue to address community appearance concerns through Boards such as the Planning Board, Citizens Advisory Committee and Board of Commissioners. The Town shall work toward developing RECEIVED incentives designed to enhance, promote and protect the Town's architectural image and heritage structures and more stringent building codes for high APR 1 hazard areas that support the growth management policies of the Town." 5 2(j19 DCM-MHD CITY ROY COOPER COYfTW MICHAEL'S.REGAN Sccrerary MYM YON C. DAVIS ON March 27; 2019 MEMORANDUM: CAROLINA Frivironmenni[Qua71 ry. Received: 04/05/2019' State Historic Preservation Office FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management. 406'Commerce Ave., Morehead City, NC'28557' Fax: 252-247-3330 (Courier04.1&33) qr6cia.bodnart@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review ER 19-1250. Due-- 4/15/19 A- LAI Applicant: :Soundwav6s of. Nags Head, LLC, Project,Cocation: 4016 W. So.undside Read,.Town of Nags.Head Proposed Project: Construct a vinyl; bulkhead, backfill, add riprap, raise existing dwelling and place on new foundation, construct new deck and stops. Please Indicate below your agency's position or viewpointon the proposed project and return this form to Gregg Bodnar at the address above by April 17,2019. If you have any questions regardingdhe, proposed project, contact Ron Renaldi (252-264=3901, exl.',237) when' appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional.comments may be attached" This agency has no comment on the proposed project. This agency,,approves of the, project only if the recommended.changes areincorporated. See attached. This agency objects to the projectfor reasons described in the attached' comments. .PRINT NAME Renee t ,ledhill-Earley AGENCY State Histnrir'PrPSPrvntinn (nffire RECEIVED SIGNATURE _,y�"\�iJ f �� DATE 14las 1 jq CJ APR 2 5 2019 MP SECTION MHC North Carolina Department ofEnvlrunmental Quallly l DlvLsionofCoastal Management APR4 0 2019 nizabeth City Ofnce 1,401 South Grlln Street, State 300. 1 Elizabeth Oty, North Carolina 27909 2Sn643901 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director Soundwaves of Nags Head, LLC Attn: Ms. Michelle M. Chimento 4025 W. Soundside Rd Nags Head, NC 27959 Dear Ms. Chimento: NORTH CAROLINA Envlronmenta/Qual ty April 9, 2019 Subject: Stormwater Permit Exemption Stormwater Project No. SW7190402 CAMA Project at 4016 W. Soundside Rd. Dare County On April 1, 2019, the Washington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of your CAMA Major application for the subject project. The proposed project involves the placement of an existing house on a new foundation and construction of a bulkhead at 4016 W Soundside Road in the Town of Nags Head, NC. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that the current project will not require a State Stormwater management permit. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 21-1.1000 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal obligation to obtain other permits and approvals, which may be required by Federal, State, or local government agencies, rule or law. If you have any questions, or need additional information concerning this matter, please contact this office at (252) 946-6481. Sincerely, Bill Moore Environmental Engineer Washington Regional Office RECEIVED Cc: WARO MAY 3 2019 Ec: mmchimento(tt�gmail.com iohnd0albemarleassociates.com NIP SECTION MHD North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 D �.�.•�eiE+owi /`� 252.946.6481 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City FROM: Yvonne Carver, Field Representative; . Northeastern District Office, Elizabeth City DATE: April 24, 2019 RECEIVED MAY 9 2019 ArIP SECTION Iiff HD SUBJECT: Recommendations for Major Permit Application submitted on behalf of: Soundwaves of Nags Head, LLC The applicant's proposal involves site improvements for a sound -front lot and the existing cottage that was built in the mid-1930's. The property is located at 4016 W. Soundside Road in Nags Head, Dare County. The upland development proposed includes the following: 1) elevating the single-family dwelling above the base flood elevation, 2) placing the dwelling onto a new foundation, 3) removing two sets of steps and adding new steps on the existing front porch, and 3) constructing a 350-sf deck on the western side of the cottage. The water - dependent structures proposed include the installation of 70 Ift of vinyl bulkhead, with associated backfill, and 20 sf of riprap. The development proposal involves the Estuarine Waters (EW), Public Trust Area (PTA), Estuarine Shoreline (ES) and Public Trust Shore (PTS) Areas of Environmental Concern (AECs). I have reviewed the Rules of the Coastal Resources Commission, (CRC) as they pertain to this proposal, and my findings are as follows: 15A NCAC 07H .0208 USE STANDARDS (b) Specific Use Standards (7) Bulkheads (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level; Inconsistent: the bulkhead alignment as proposed would range from 25' to 50' waterward of NWL. North Carolina Department of Environmental Quality'I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 I Elizabeth City, North Carolina 27909 252264:3901 ' ii Recommendations for Major Permit Application submitted on behalf of: Soundwaves of Nags Head, LLC Page 2 (B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources; Consistent: there are no coastal wetlands waterward of the proposed bulkhead alignment. (C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead; Consistent: backfill material I proposed will be clean sand brought in from an outside side. (D) Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: the property has an identifiable erosion problem. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Inconsistent: the property has an identifiable erosion problem, which has been evident since 2009. The proposed alignment ranges from 25' to 50' waterward of NWL, which would be to recover land that was lost after 2006. The notable erosion occurred during the time when property was under other ownership. Soundwaves of Nags Head, LLC acquired the property on 11/30/2018, as evidenced by the deed on record. The adjacent properties are not bulkheaded shorelines4the left riparian property has a riprap revetment waterward of wetlands, and the right riparian has a riprapped shoreline. (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Potentially inconsistent: the proposed bulkhead alignment of 50' waterward of NWL could potentially impact public trust rights, but not that of the adjacent riparian property owner. However, I do not feel that there would be a loss of navigation, as there are piers/docking facilities to the north and south of the proposed bulkhead alignment which extend from 50' to 130' waterward of NWL. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Consistent: the existing cottage is a threatened structure, with the waters of the Roanoke Sound encroaching approximately 15' under the dwelling. Therefore, the need for the installation of a shoreline stabilization structure (bulkt p�p�g{�)® is documented.KI! �6' MAY 9 2019 IMP SECTION MIAD Recommendations for Major Permit Application submitted on behalf of: Soundwaves of Nags Head, LLC Page 3 (v) the property to be bulkheaded is in a non -oceanfront area. Consistent: the property is located in the Estuarine Shoreline AEC. (E) Where possible, sloping rip rap, gabions, or vegetation shall be used rather than bulkheads. Inconsistent: the applicant is proposing 70 Ift of vinyl bulkhead, with only a 20 sf area of riprap to be located at the northern corner of the bulkhead. 15A NCAC 07H .0209 COASTAL SHORELINES (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid or minimize adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. Development shall comply with the following standards: (1) All development projects, proposals, and designs shall preserve natural barriers to erosion, including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to service the primary purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation shall be permitted if impervious areas are not increased and the applicant designs the project to comply with the rule to the maximum extent feasible. Potentially inconsistent. The existing dwelling is currently a non -conforming structure. The current lot coverage with the cottage, deck, steps, concrete and pavers is 53.9%. If the proposed bulkhead alignment and renovations to the dwelling were approved, the lot coverage would be reduced to approximately 48.6%. Redevelopment of the property (i.e. renovations to the existing dwelling) would not increase the impervious areas. The applicant does not propose to enlarge the cottage beyond its original dimensions, the structure will serve the same use, and there are no practical alternatives to move the dwelling further back on the parcel of land. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (F) Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet; Inconsistent: the applicant is proposing the addition of a deck on the western side of the cottage. The dimensions of the deck are 10'x28', narrffinGIONCE D 7'x10, for a total square footage of 350'. MAY 9 2019 MP SECTION !MINI® Recommendations for Major Permit Application submitted on behalf of: Soundwaves of Nags Head, LLC Page 4 Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans submitted by Soundwaves of Nags Head, LLC, I could not recommend a Major Permit be issued to the applicants based on their current proposal. However, in order to bring the single-family dwelling out of 'threatened structure" status, I would like to submit the following permit recommendations for your consideration: • a straight bulkhead alignment that would be less of an impact to state-owned submerged land, to be no more than 25' waterward of the current NWL, • the installation of return walls in order to prevent seepage between riparian properties, and • that the decking not singularly or collectively exceed 200 square feet within the 30' buffer. Bodnar, Gregg From: Butler, Rodney A Sent: Thursday, May 09, 2019 2:41 PM To: Bodnar, Gregg Subject: No Comments FW: CAMA Application for Soundwaves of Nags Head, LLC in the Town of Nags Head Attachments: SOLINDWAVES OF NAGS HEAD MP-03272019132140.pdf, project_report_cama_4016 _w_sou ndside_road_18318_18318.pdf No Comments RODNEYA. BUTLER Business Services Coordinator 121 West Jones St MSC 1651 Raleigh, NC 27699 919,707.8603 office e.�rr -!' NC DEPARTMENT OF arrrr NATURAL AND CULTURAL RESOURCES From: Godfrey, Ella M Sent: Wednesday, March 27, 2019 4:50 PM To: Lily Nieberding <lily.nieberding@nagsheadnc.gov>; Owens, Charlan <charlan.owens@ncdenr.gov>; Josh. R.Pelletier@usace.army.mil; Padrick, Lee <Ipad rick@nccommerce.com>; DCR - Environmental —Review <Environmental.Review@ncdcr.gov>; Whitfield, Clif <clif.whitfield@ncdenr.gov>; Staples, Shane <shane.staples@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>, Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Thorpe, Roger <roger.thorpe@ncdenr.gov>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A <Rod n ey. B utle r@ n cd cr.gov> Subject: CAMA Application for Soundwaves of Nags Head, LLC in the Town of Nags Head Please accept this correspondence as the official distribution of a CAMA APPLICATION for the above referenced proposal. In the above attachments you will find the standard forms and comment sheet. This application has an oversized workplan that will be sent through LISPS. As before, the comment sheet will provide the requested comment due date, DCM contact information, etc. This distribution email has a return receipt notification. Please accept the request, as we use that to log receipt of the application. As DCM moves forward in updating our electronic permitting efforts this process will evolve, so we appreciate your understanding as we move away from a paper -based application. Thanks, DCM Staff ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director March 27, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality RECEIVED MAY 1 4 2019 141P SECTION MHD FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greog.bodnar0ricdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Soundwaves of Nags Head, LLC Project Location: 4016 W. Soundside Road, Town of Nags Head Proposed Project: Construct a vinyl bulkhead, backfill, add riprap, raise existing dwelling and place on new foundation, construct new deck and steps. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by April 17,2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Chris Pullinger AGENCY Division of Water Resources - Washington SIGNATURE BIMS#2019-0391 vl DATE May 15, 2019 COMMENT/NOTE: May need new/revised drawings, based on DCM's request for re -design North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elzabeth City, North Carolina 27909 252.264.3901 w ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Director June 18, 2019 D W R Project If 2019-0391 Dare County Soundwaves of Nags Head, LLC ATTN: Michelle M. Chimento 4025 W. Soundside Road Nags Head, North Carolina 27959 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 4016 W. Soundside Road, Nags Head, NC — Construct a vinyl bulkhead, backfill, add riprap, construct new deck and steps Dear Ms. Chimento: You have our approval for the impacts listed below for the purpose described in your application dated February 12, 2019 and received by the Division of Water Resources (Division) on April 01, 2019. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Approved Amount Approved Plan location/ (units) (units) Reference Permanent Temporary Attached Waters OW1—Open Waters (fill) 0.04 (acres) 0 (acres) I`iL'V ems■ -ME, JUN 2 0 2019 North Carolina Department of Environmental Quality (Division of Water Resources- Washington Regi�al0film ®•■ YCiYI�D 943 Washington Square Mall, Washington, North Carolina 27889 AYr�iY�Yl�9�[r SECTION YC H 252-946-6481 is 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. 115A NCAC 02B .0507(c)] Continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] , 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .02001. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 5. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. ' i 4;�®r JUN 2 0 2019 wwra�VZ- North Carolina Department of Environmental Quality Pivision of Water Resources- Washington RegionaalfrjEeECTI®N Wp�J® 943 Washington square Mall, Washington, North Carolina 27889 �ii4411,,8rfF`29d9 �� �1PP99��H 252-946-6481 .: Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Chris Pullinger at 252-948-3922 or chris.oullinger@ncdenr.eov if you have any questions or concerns. Sincerely, Pow T el Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Ron Renaldi, DCM Elizabeth City (via e-mail) Michelle Chimento (via e-mail: mmchimento(a@gmail.com) John M. Delucia, Albemarle & Associates, LTD (via e-mail.johnd@albemarleassociates.com) Laserfiche DEW. JUN 2 0 2019 MP SECTION MHD North Carolina Department of Environmental Quality [Division of Water Resources- Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (USA)<Josh.R.Pelletier@usace.army.mil> Sent: Thursday, June 06, 2019 2:32 PM To: Bodnar, Gregg Subject: RE: [External] Coinjock Marina CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Gregg, Soundwaves, LLC is authorized under SAW 2019-00555. Louis and Wendy Davis is authorized under SAW 2019-00768. Standard conditions apply and cardletters will follow shortly. Thanks and let me know if you have any questions! Josh -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Thursday, June 6, 2019 9:50 AM To: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.PeIletier@usace.army.miI> Subject: [Non-DoD Source] RE: [External] Coinjock Marina Coinjock marina is the Louis and Wendy Davis project. So just one for Coinjock Marina. Also have Perry outstanding, and you should have received the updated plans for Soundwaves of Nags Head yesterday. G regg -----Original Message ----- From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Thursday, June 06, 2019 8:25 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Coinjock Marina CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Hey Gregg, Are you waiting on two permits from me for Coinjock Marina orjust one? I have two different files made I just want to make sure I am getting you what you need. Thanks! josh Josh Pelletier Project Manager US Army Corps of Engineers Bodnar, Gregg From: Moser, Mike Sent: Friday, June 21, 2019 8:28 AM To: Bodnar, Gregg Subject: RE: [External] RE: Soundwaves of Nags Head Gregg, We are fine with the new design but we will need to give a submerged land easement to the landowner at some point. Mike Mike Moser General Real Estate Manager State Property Office Department of Administration 116 West Jones Street Raleigh, NC 27603 919 807 4680 office m ike. moser(a)doa. nc.gov C +p NC Department of Administration Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, June 20, 2019 4:40 PM To: Moser, Mike <mike.moser@doa.nc.gov> Subject: RE: [External] RE: Soundwaves of Nags Head No, you can do that via email and that will suffice as my documentation. Gregg From: Moser, Mike Sent: Monday, June 17, 2019 10:32 AM To: Bodnar, Gregg<greRR.bodnar(a@ncdenr.eov@ncdenr.eov> Subject: RE: [External] RE: Soundwaves of Nags Head Gregg, I think we are fine with the new design. Will you be sending out another Comment sheet since I will need to mention that the State will need an easement? Permit Class NEW Permit Number 48-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Soundwaves of Nags Head LLC., 4025 W. Soundside Road, Nags Head, NC 27959 Authorizing development in Dare County at adi. Roanoke Sound. at 4016 W. Soundside Road, in Nags Head , as requested in the permittee's application dated 2/12/19, including attached workplan drawings (2), Physical Survey dated "Received DCM-EC 2/19/19" and C201 dated "Revised 6/4/19". This permit, issued on June 21, 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 ri inese terms may oe subject to Imes, imprisonment or civil action; or may cause ttie permit to be null and void. Shoreline Stabilization — Bulkhead and Rip Rap 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead and rip rap alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the 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 Chair of the Coastal Resources Commission. Brax on C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Soundwaves of Nags Head LLC. Permit No. 48-19 Page 2 of 3 ADDITIONAL CONDITIONS 3) The alignment of the authorized bulkhead and rip rap shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 4) The rip rap shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The fill material shall be clean and free of any pollutants except in trace quantities. 8) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 9) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 10) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Upland Development 11) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the raising of the single family residence,.decking and associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Easement 12) An Easement from the Department of Administration's State Property Office will be required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands to determine if such an easement will be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior to the construction of the bulkhead authorized under this permit. Soundwaves of Nags Head LLC. Permit No. 48-19, Page 3 of 3 ADDITIONAL CONDITIONS General 13) 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. 14) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-00555) issued 6/6/19. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2019-0391 issued 6/18/19. 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: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. Coastal Management ENVIRONMENTAL QUALITY Soundwaves of Nags Head LLC 4025 W. Soundside Road Nags Head, NC 27959 Dear Sir or Madam: June 21, 2019 ROY COOPER Goverwr MICHAEL S. REGAN Secretary AXTON C. DAVIS Director Fly The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure cerely, Douglas V. Huggett MajorRermits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 DCM Coordinator: Permit #:�9 MAILING DISTRIBUTION SHEET ci<eer�_ A/C Agents: kfW�----�o��a be&.a, 79I59 DCM Field Offices Elizabeth City (with revised work plan drawings) D>�C� Morehead City ..✓� .�(� 66L4 Washington I�oM Wilmington SL US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) 'Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov In Heidi Cox (WIRO) Staples David Hams on Jenkins / Sharon Guptop Tim Walton / Mike Moser Sheri Montalvo Clif WhitjANILWARO) j Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: r Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Progratjlk,,,.R11odney Butler 11 l:1V µifrdiR Fax Distribution: Permittee A¢ent# ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Ms. Marcella F. Morrisette 40-L South Griffin St. Elizabeth City, NC 27909 Dear Ms. Morrisette: NORTH CAROLINA Envfrontnerthd Quadty June 21, 2019 This letter is in response to your correspondence, which was received by the Division of Coastal Management on 2/19/19, regarding your concerns about the proposed development by Soundwaves of Nags Head LLC., at 4016 W. Soundside Road, adjacent to the Roanoke Sound, in Nags Head, Dare County. The proposed project consisted of a bulkhead and rip rap, raising of the residence and associated decking. Coordination with the applicant has provided a revised proposal that reduced the distance of the proposed bulkhead to approximately 8-10 feet from the current location of the residence, to allow for a safe foundation to raise the residence. The proposed revised project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. 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) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: Elizabeth City Sincerely, Gregg Bodnar Assistant Major Permits Coordinator D Q� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 DCM MP 1 APPLICATION for Major Development Permit (last revised 12127/06) N ecei 4 FEd 1) "cGi:l cUG North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ landowner information Business Name Project Name (if applicable) Soundwaves of Nags Head, LLC Applicant 1: First Name MI Last Name Michelle M Chimento Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City Slate 4025 W. Soundside Road Nags Head NC ZIP Country Phone No. FAX No. 27959 USA 52 -715 .3990 ext. Street Address (N different from above) City State ZIP Email M.Chimento <mmchimento@gmail.com> 2. Agent/ContractorInformation Business Name Albemarle & Associates, LTD Agent/ Contractor 1 First Name MI Last Name John M DeLucia Agent/ Contractor 2: First Name MI Last Name Mailing Address Po Box city State 3989 Kill Devil Hills NC ZIP 27948 Phone No. 1 Phone No. 2 252- 441 2113 ext.204 ext. FAX No. Contractor H 252 441-0965 Street Address (if different from above) city Slate ZIP 115 W. St. Clair Kill Devil Hills NC 27948 Email RECEIVED johnd@albemarleassociates.com <Form continues on back> MAR 2 7 2019 DCM-MHD CITY �S2.730&•26t7h -. Y•gIIH:CYGtMAST .. va ae r�.ncooastnimenagorn=sni.=:. ,. Form DCM MP•1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Dare 4016 W Soundside Rd Subdivision Name City State Zip None Nags Head NC 27959 Phone No. Lot No.(s) (if many, attach additional page with list) 252-2022-2341 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Roanoke 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 Roanoke Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Town of Nags Head 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 60 feet 4660 sf Existing c. Size of Individual lots) d. Approximate elevation of tract above NNW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4 feet ❑NHW or ®NWL a. vegetation on tract Coastal grasses shrubs and small trees y I. Man-made features and uses now on tract Receved Exisitng Single Family Dwelling 17 B 10 2919 g. Identify and describe the existing land uses da iacent to the proposed project site. DMEC Vacant to the South and Residential to the North Docking Facilities on Chimento property to the south h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certilcate, if applicable) R-2 Medium Density Residential ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> MAR 2 7 2019 DCM-MHD CITY 252.808.2805 :: 1-888-49i;UAST :: www.ncc costal m anagement. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ❑Yes ®No (II) Are there coastal wetlands on the site? ❑Yes ®No (III) If yes to either (1) or (II) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n, Describe existing wastewater treatment facilities. Existing septic tank and subsurface drainfield Received o. Describe existing drinking water supply source. Fc3 15 2019 Public Water Supplied by Town the Nags Head p. Describe existing storm water management or treatment systems. gA®E Cf'+ DM None $l 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑PubliclGovernment ®Private)Communily, b. Give a brief description of purpose, use, and daily operations of the project when complete. This project is intended to raise and renovate an existing single family dwelling that sustained damages during previous hurricanes and storms. It is also to reclaim eroded lands such that the dwelling can be located landward of the Roanoke Sound. A bulkhead and fill are also proposed as is a western deck and stairs. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Backhoe, excavators and bobcat and other machines normally used to construct bulkhead and to place fill materials. House moving equipment to raise house d. List all development activities you propose. Bulkhead Construction, placement of fill material, raising and renovating the exisitng dwelling, the addition of a new western deck and steps. Placement of rip -rap at bulkhead ends to transition to exisitng rip -rap on north and south bulkhead ends. 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? 7000 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stoonwater 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 0'A 2"'IVED If yes, attach a mitigation proposal. jjhut <Form continues on back> MAR 2 7 2019 DCM-MHD CITY 252.808.2808 1-888-4RCQAST :: www,ncconstalmanagement.nat 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) — (1) are always applicable to any major development application. Please consult the application instruction booklet on crow to properly 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 He 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 Margaret Burgwyn Phone No. Address PO Box 421 Woodland NC (south) Name Marcella Morrisette Phone No. Address 407 S Griffin St, Elizabeth City, NC (north) Name Phone No. Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard nodes for projects in oceanfront and Inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the de 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 enter on the aforementioned lands in connection with evaluating information related t monitoring of the project. I further certify that the information provided in this application is If thful to the best of Date A2/i 47 Print Name John el_ucia, A n I Please indicate application attachments pertaining to ®DCM MP-2 Excavation and Fig Information ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information f`state and federal review agencies to this permit application and follow-up knowledge. Received FEB I a 1019 sect project. ❑(^►X DCM MP-5 Bridges and Culverts{� MAR 21 Z019 DCM-MHD CITY 252.808-2808 .. 11-888.41RCOAST .. www. tic constaim all ag amen t. net Form 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 Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable J a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (I) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB _ OWL ❑None (II) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (11) 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 _ OWL ❑None (11) Describe the purpose of disposal in these areas: d. High -ground excavation In cubic yards. RECEIVED MAR 2 7 2019 DCM-MHD CITY ®This section not applicable b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (11) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (it) If yes, how much water area is affected? Received FEB 15 2019 DCM-EC 251.8Qa•2ana r # t8 „ .4,, 34 . ...: r... , , si.L.:., ..,.-. ,. tewi�^, t � , i+=! Form DCM MP-2 (Excavation and Pill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Tvoe of shoreline stabilization: b. Length: ®Bulkhead ®Riprap ❑Breakwater/Sill []Other: c. Average distance walerward of NHW or NWL: 37' Width: d. Maximum distance watenvard of NHW or NWL: 50' e. Type of stabilization material: I. (p Has there been shoreline erosion during preceding 12 Vinyl Bulkead and some Rip Rap at terminus months? ®Yes []NO []NA (11) If yes, state amount of erosion and source of erosion amount Information. Erossion caused by numerous hurricanes and storms g. Number of square feet of fill to be placed below water level. Bulkhead backfill ±497 sf Riprap Breakwater/Sill Other 1. Source of fill material. Approved borrow pit h. Type of fill materialr clean sand _T-f.T-71T1T MAR 2 7 2019 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 wellandsimarsh (CW), If yam. submerged aquatic vegetation (SAV), shell bottom (SB), or (it) Amount of material to be placed in the water 452 cy other number wetlands square feel If any Boxes are checked, provide she (ill) Dimensions of fill area 37x60 ❑CW ❑SAV ❑S8 _ IN) Purpose of fill ❑WL ®None To reclaim eroded land beneath dwelling (ii) Describe the purpose of the fill In these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Fill will be placed behind a new vinyl bulkhead and stabilized with vegetation c. (i) Will navi allonal aids be required as a result of the project? ❑Yes NNo []NA (II) If yes, explain what type and how they will be Implemented. Date Soundwaves of Nags Head, LLC Project Name ✓vhat type of construc backhoe, or hydraulic Backhoe Excavator d. (I) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No []NA (II) if yes, explain steps that will be taken to avoid or minimize environmental Impacts. revised: f 2t26106 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT —� a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.v�w.„,�_ proposed. One One Sin le Famil lingExistingwith new western dec an stairs c. Density (give the number of residential units and the units per acre). NA e. If the proposed project will disturb more than one acre of land, the Division of land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes []NO ®NA (II) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 3476 sf 48.6% i. Give the percentage of the entire tract to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 3476 sf 48.6% j. Describe proposed method of sewage disposal. Existing Septic Tank and Drainfield I. Describe location and type of proposed discharges to waters of the state (e.g.. surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down' and residential discharges). None U'd'0 A » TRIM d. Size of area to be graded, filled, or distu"tyr,W" ditches, etc. + / - 7000 sf f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. xictng Dwelling Covered Decks and Concrete Driveway. None; impervious surfaces are pi uposed h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No ®NA (it) If yes, list the date submitted: k. Have the facilities described In Item (I) received state or local approval? []Yes ❑No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an Innovative stonnwaler design? ❑Yes []NO ®NA If yes, attach appropriate documentation. Received FEB 13 2019 DCM-EC 252.808-28082:: 1.8884RCOAST :. www,nccoastaimrnagernent.no( revised: 12126'06 Form DCM MP-3 (Upland Development, Paige 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Existing Public Water Town of Nags Head n. (i) will water be impounded? ❑Yes ®No ❑NA (it) If yes, how many acres? o. When was the lots) platted and recorded? p. If proposed development is a subdivision, will additional utilities be Unknown Existing Parcel installed for this upland development? ❑Yes ❑No ®NA Date Soundwaves of Nags Head, LLC Project Name RECEIVED MAR 2 7 Z019 DCM-MHD CITY Received FR 19 19?9 100-Ec 252.808-2808::1-888-41FICr ._ revisodi 12126106 V ANSnN Fd" V4 KN* ?"1^ A °A 4 S 744% VV SUPERVVOh '- N kN CT.' _ „4 t'Au .NCE'K 14' SUPCPV.Si09 OEc"Ii ^ CiIPT N P'a,. W a B'- De 162 DE 496 -4A, HE 3C'J6 AR' S Nr SURF � RE %DICr: Z DRAt2J IRON 'DEED D '.SC' R11%N PXCCRO°= :v 300� 'ADZ ' iA "r Rtl; ^F Pa SON rr,.. 2 :S .'A- 7HS PLAI M ELS 14EOU.BEEMO-S i ANDAdRDP V RA^CE FOR -AND TJRV-YNE h f4..' DARC.NA ss Sa. „ 77H LINE TABLE LINE LENGTH I BEARING L1 275.10 SIW' L2 3.16 '02'W L3 38.71 N 0' 'W L4 20.23 'W LB 283.46 '4 ' L6 12.11 SB 'OTW \_A ... / OBSERVED V LEVEL (11/1 \, A,_/ DIX Z PEDEMAN EASEMM1 (D.B. 1896, PG. 1711, N/F ESTATE OF MARC CHIMENTO (M.B. 8, PG. 9) (D.B. 1896, PG. 178) (D.B. 1983, PG. 196) LEGEND - EX PIPE - EX 5/e' REBAR O - 1/2' REBAR SET FLUSH - EX 4' X 4' CONC. MON. YOONC. MON. SET - EX MAG NAIL 0 - MAO NAIL SET j$( - SET 'X' IN CONCRETE ® - WATER METER PHONE PEDESTAL C.AT.V. UTILITY PCLE GUY WIRE - FIRE HYDRANT ®- ELECT. TRANS. AG - ABOVE GRADE BG - BELOW GRADE PL - PROPERTY LINE D0 - WATER VALVE aaapvpaa,r:;� f SEAL ai 25G2 1. � y �,�"'+4nvuvvaavv \.. A_) %,..A._A ROANOKE SOUND \...A.. / OBSI k... A../ LEVE 0 a1' SI N21'49' 69.96' 30-W 19r�•57. �44,L57• 34.18' a1' BG _ CONCRETE 0.6. BG ENCR• - 6' (DISTURBED) F. : NOTES, 1SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH AND EASEMENTS & RESTRICTIONS OF RECORD. 2. AREA BY COORDINATE COMPUTATION - 34.660 S.F. 3. F.I.R.M. ZONE.-AE' (S.F.E.: 9.0') (PER F.I.R.M.) a 1' FREEBOARD 4. PIN NO.: 14 989107 67 8623 S. RECORDED REFERENCE: O.B. 18Z Pa 496; D.B. 913. PG. 855; D.B. 1896. PG 178 S. MINIMUM BUILDING LINES (MBL), IF SHOVN HEREON, ARE PER THE CURRENT LOCAL ZONING REGULATIONS. OTHER SETBACKS AND/OR RESTRICTIONS MAY APPLY AND MUST BE VERIFIED PRIOR TO CONSTRUCTION. 7. ELEVATIONS (NAVD 1988): HIGH GROUND 0 BUILDING - 3.3' LOW GROUND *BUILDING - 0.W FIRST FLOOR - 7.24' UTILITY/STORAGE ROOM - N/A RIPRAP � r v� k-A... / . RECEIVED \.../.� i AJAR 9 7 7019 I 1sg6' M.Bl i Starr FRAME . DWELLING ON PILINGS \J.J NATER/ RI/18) \_A_J 21.1, �I , I III 1 baAP; 0CM-MHD CI 7 N/F MARCELLA F. MORRISETTE �j (D.B. 605, PG. 716) (D.B. 913, PG. 855) 4y: I loon FENCE �Is' NORT/ OF PL �" Received i+yam +�' WOOD FENCE 17.V 0.2' NORTi PL 7 If —��• SET NA + nrv�t� 22'04'S2' E 58.45'I u° `E(si UTILITY (r)) WEST SOUNDSJDE ROAD . (80' R/W PER M.B. FEB 19 201� DCM-EC S2050'17"E 496 OS' BG 0.7�AG y PHYSICAL SURVEY FOR SO UND WA VES OF NAGS HEAD, LL C A PARCEL OF LAND ON SOUNDSIDE ROAD — NAGS HEAD NAGS HEAD TOWNSHIP — DARE COUNTY — NORTH CAROLINA 30 is 6 SEABOARD SURVEYING & PLANNING, INC. C-1536 1 inch = 30 ft. 103F W. WOOD HILL DR., P.O. BOX 58, NAGS HEAD, NO 27959 IFn1RD84RR SIIRVFYEOa1/21/18 PM PLATTE[:1v27/18 TO *T1 OFFICE: (252) 4$0-9998 FAX: (252) 480-0571 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS DUector June 5, 2019 Albemarle & Associates, LTD John DeLucia PO Box 3989 Kill Devil Hills, NC 27948 Dear Mr. DeLucia, This letter is in reference to the application submitted for Soundwaves of Nags Head LLC., for a Coastal Area Management Act Major Permit to undertake development activities to construct a bulkhead, raise a residence with associated amenities, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make August 19, 2019 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Elizabeth City North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2528082808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Soundwaves of Nags Head, LLC, Michelle Chimento 2. LOCATION OF PROJECT SITE: 4016 W. Soundside Road (off US 158, S. Croatan Hwy), Nags Head, NC 27959, Dare County; adjacent the Roanoke Sound Photo Index — 2006: 185-7214 (R8) Latitude: 35156'59"N, Longitude:-75037'53"W 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 11/21/18; 02/19/19 Was Applicant Present — No, No 5. PROCESSING PROCEDURE: Application Received Complete — 03/22/19 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Nags Head Land Classification From LUP — R-2 Medium Density Residential (B) AEC(s) Involved: EW, PTA, ES, PTS (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic system Planned — N/A (F) Type of Structures: Existing — Single-family dwelling Planned - Bulkhead, riprap, foundation, deck, stairs (G) Estimated Annual Rate of Erosion: n/a Source — n/a 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Coastal Shoreline/ES, PTS n/a n/a 350 sf shaded 4,503 disturbed (B) Shallow Bottom/Open Waters n/a 2,497 sf backfill n/a EW/PTA 20t sf riprap (C) Other: n/a n/a n/a RECEIVED (D) Total Area Disturbed: 7,370 sf (0.17 acre) MAR 2 7 2019 (E) Primary Nursery Area: n/a (F) Water Classification: SA; HOW Open to shellfishing DCM-MHD CITY 8. PROJECT SUMMARY: Applicant proposes to construct a vinyl bulkhead an average of 38' waterward of NWL, backfill, add riprap, raise existing dwelling to base flood elevation and place on new foundation, and construct new deck and steps. Field Investigation Report: Soundwaves of Nags Head, LLC Page 2 Project Setting The proposed development site is located at 4016 W. Soundside Road in Nags Head, Dare County, adjacent the Roanoke Sound. The residential parcel is a 4,660-sf tract, with an approximate elevation of 4' above normal water level (NWL) and a shoreline length of 60'. The existing storm -damaged, single-family dwelling is a bungalow -style home that was built in the mid-1930's, with a front deck with 3 sets of steps that provide access to the house, a covered porch on the south side, and a concrete driveway. There is no Coastal Wetland vegetation on the project site. Existing vegetation consists of indigenous yard grasses, ornamental shrubs, Yaupon holly (Ilex opaca), and Eastern red cedar (Juniperus virginiana). The shoreline of the development site is natural, with no erosion control structure(s) present. Due to chronic erosion, the waters of the Roanoke Sound encroach approximately 15' under the dwelling. On the south side of the property, an erosion escarpment of 9' to 22' was noted landward of riprap located on the adjacent property. On the north side of the property, an erosion escarpment of 22' was noted landward of NWL. Although the applicant did not provide an erosion rate for the site, it was confirmed that shoreline erosion has occurred over many years. The riparian property to the north is developed with a single-family dwelling, riprapped shoreline, breakwater(s), and docking facility. The riparian properties to the south are developed with riprap revetment(s) and a docking facility. Vegetation observed to the south included indigenous yard grasses, loblolly pines (Pinus taeda), and Phragmites australis. The water depths in the project area range from 6 inches to 1-1/2' below NWL, and bottom is sand. The Division of Environmental Management's water classification for the Roanoke Sound is SA and HWQ, and is open to shellfish taking. The descriptive boundary for the project area is designated as Coastal Waters and is in the Pasquotank River Basin. There was no observed presence of submerged aquatic vegetation or shellfish resources near the project site. There are no previous permits on file for this project area. There is no rec9§%iTV project site is located in a National Registered Historic District. MAR 2 7 2019 Development Proposal DCM-MHD CITY The applicant is proposing to restore a sound -front cottage that was built in 1935. Renovation plans include elevating the existing dwelling above the base flood elevation, which is currently rated as AE (9), and placing the cottage onto a new foundation. The costs associated with raising the structure and the foundation are estimated at $48,500. Other construction costs are estimated at $23,450, and include residing the dwelling, the removal of two sets of steps, the addition of new steps on the existing front deck/covered porch, and the addition of a deck on the western side of the cottage. The dimensions of the western deck are 10'x28'...narrowing down to 7'x10'...for a total square footage of 350. Field Investigation Report: Soundwaves of Nags Head, LLC Page 3 Water -dependent structures proposed are 70 Ift of vinyl bulkhead, and approximately 20 sf of riprap at the northern corner of the bulkhead. The applicant is requesting authorization to reclaim land that has eroded over a period of up to 10 years. The proposed location of the bulkhead is 25' waterward of NWL at the southern end of the property, 50' waterward of NWL at the northern end of the property, with an average distance of 37-38' waterward of NWL. The bulkhead installation is proposed to connect with adjacent riparian riprap, with return walls to be determined. The square footage of fill to be placed below NWL after construction of the proposed bulkhead is 2,497 sf, with an estimated 462 cy of fill material consisting of granular free draining sand. The area would be stabilized with vegetation after backfilling. Anticipated Impacts . The installation of bulkhead and riprap along the proposed alignment will result in the filling of approximately 2,517 sf of shallow bottom habit in the Estuarine Waters/Public Trust Areas AECs. . The construction of the western deck, as proposed, would shade approximately 350 sf of Estuarine Shoreline/Public Trust Shoreline AECs. . The renovations proposed for the single-family dwelling would result in high ground disturbance of approximately 4,503 sf of Estuarine Shoreline AEC. It is noted that current lot coverage with the existing dwelling, deck, steps, concrete and pavers is 53.9%. The estimated lot coverage after renovations to the dwelling and construction of erosion control structures is 48.6%. Submitted by: Yvonne Carver Date: 02/25/19; revised 03/26/19 RECEIVED MAR 2 7 2019 DCM-MHD CITY t ` lbemarle & ASSOCIATES. LTD. CAMA Permit Application Narrative Soundwaves Of Nags Head Lic„ 4016 W Soundside Rd, Nags Head, NC 27959 February 12, 2019 This project consists of making repairs and renovation to an existing dwelling located on this lot and built in about 1935: The Applicant requests permission to 1. Reclaim eroded shoreline, construct a new vinyl bulkhead and place fill material. 2. This project is intended to also raise the existing dwelling to above the regulatory base flood elevation and to place it onto a new foundation and adding a new western deck and steps. The existing dwelling is proposed to be raised in its current location to include the construction of a new open slatted western deck and stairs where one formerly existed. 3. The project includes approximately 70 feet of new bulkheading, filling 2497 sf of eroded shoreline, rip -rap enhancement at the bulkhead terminus and some clearing, grading and stabilization of the fill materials. This property has experienced shoreline erosion caused since Hurricane Irene and has subsequently seen further shoreline erosion from hurricanes and southwest and western storm events since then. The hardened, rip -rap shorelines to the north and south of this property have also likely contributed to scour along this lot since it has no shoreline stabilization. Aerial photos from 2006 and present are attached to this narrative to illustrate the erosion that has occurred on this lot FEB10 iN DMEG Planning - Surveying - Engineering - Environmental - Construction Management RECEIVED P.O. Box 3989, 115 W. Saint Clair St, Kit NO Hills, North Carolina 27948 North Carolina license No. C-1027 Phone: 252-441-2113 w AlbemadeAssociates.com Fax., 252-441-0965 MAR 2 7 2019 DCM-MHD CITY Th lbemarle & ASSOCIATES, LTD. March 20, 2019 Yvonne B. Carver Field Representative & District LPO Coordinator Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 RE: Soundwaves Of Nags Head Llc„ 4016 W Soundside Rd, Nags Head, NC Cost Estimates Dear Yvonne: Received MM 2 2 zwq DMEC Per your request my client has provided construction estimates for the new decks and stairs and for residing the dwelling. These cost amount to $23,450.00. 1 have attached them for your records. The house mover has verbally quoted me a cost of $ 14,500.00 to lift and lower the dwelling (this assumes that the building is over land and that a bulkhead is installed). I have completed the foundation plan and I estimate the cost of the new foundation and girders will be $ 34,000, This puts the total for raising and repairing this structure at $ 71,950.00 Please recall that this dwelling was built in 1935 and is a classic along the Nags Head sound front. The new owners desire to restore this historic dwelling and preserve it for posterity. Thanks again for all your assistance and I hope that this completes the information that votl requ6sted. RECEIVED MAR 2 7 2019 ''NGfN'%F: `' `� `' DCM-MHD CITY +. V6r "....,- ,�$. cc: File Michelle Chimento Plannirs3 - Smvoyiny f:nguraanrrFf L,1"Wonaniaf - Catsfnx:Fron Mewagernenf P.O. Wx 3989, 115 W Sainf Clair SI Kit) Oev# 0119, Norih Caroline 27948 Naifr rwo ina Lkensa Na C-1027 Piwnw 252.441-2113 mmv ABrens+deAssodafes.6onr Fax: 252. 441.0966 JB UTZ CONSTRUCTION 2719 S Wrightsville Ave Nags Head,NC 27959 P:2524754619 jbutz@charter.net BIII To Michelle Chimento Construct new decks per provided site plan. New rear steps. Premium treated decking with stainless screws. 44 handrail posts with typical picket barriers. Pilings and installation by others. Received M4? 2 `S 2n?n DGM-EC Estimate EST0006 Date 03/08/2019 $9,750.00 $9,750.00 Total $9,750.00 RECEIVED MAR 272019 DCM-MHD CITY A UTZ CONSTRUCTION 2719 S Wrightsville Ave Nags Head,NC 27959 P:2524754619 jbutz@charter.net Bill To Michelle Chimenlo Received hiV 2 t' 201.9 D I Etr Estimate EST0007 Date 03/08/2019 Remove existing cedar shakes. Install 30 lb felt $13,700.00 $13,700.00 paper and install new red cedar shakes. No casings around windows or doors. All corners to be woven. Total $13,700.00 RECEIVED MAR 272019 DCM-MHD CITY iv�ar[u�a I,.VIVIVCV I CxpgfCf'� CONNECTEXPLORex R®=ass U&4&I*q�ZQGotiT9... avaAmo lomot- ��ixa w�zoae- <., W30) a ) O'rnya X RECEIVED MAR 2 7 2019 OCM-MHD CITY CL ams sw-a.m. i} Managetmkmarkz .s }� nva Ai9p (gbpi� ��- < noge:o'<i > Ck!S:OtO aE Received FEB 19 2019 httos:llexplorer.ea.-leview.00mfindex.php# CONNECTEXPLOREIr 20:=.L MSlit I U&zfi& H P 9 V+ 1'r O A T V -•- map: Auto (OD6oue)- Ju12006 -JW 2006 - < image l 0f 5 > 07/152006 RECEIVED Received FFB 10 2M, MAR 2 7 2019 https:/lexploreceagleview.cor.Uindex.php: }CM -EC DCM-MHD CITY to �Fc � 1 u. E.' o 9 r•�j No r r it . il i1` 11 34-1 30.71 %; ✓ �r f 1 T^ls neap is prepared 4016 W Soundside RD Owners: Soundwaves Of Nags Head Tax District: Nags Head Y S)f: trcn dau used ror nre Inwntwympw real Nags s Head NC, 27959 Llc Subdivision: Subdivision - None U - • '<Y property ror na Parcel: 006743000 Lot BLK Sec: Lot: Blk: Sec: y �„ purppaea. primary Pin: 989107678623 Building Value: $76,600 Property Use: Residential �.` YOV`cesa.' ",mils RECEIVEDnd Value:$159,500 Building Type: Bungalow Or Old Style 9 YP 9 Y da, l.m as rewrEeC Deeds. plan, wills, and oMn primary Misc Value:$1,100 Year Built: 1935 public remrda anw+d be I Value. $237.200 wnaueedndrvarfcaoon MAR 2 7 20�1 Of Ure Infwmatbn connmed m th* map. IK>-(- -S ,- � ( -9 DCM-MHD CITY 2019-02-19 { Y YGHiafp� '. •i_ L � 'UI`5 '--2-079 02-19 - A. d ��r p'Yx1 � '., �- ;12019-02-19 -� Awn Y SO T 17, -07-19 __ _ y; �� 019-02-19 -- �. 6L-zo�s1oz.a-zo-6Loz Ys ` aL ' ''' 4 Wl 6L-ZO ...10=6LOZ 6L-ZO-6LOZ IN a ^.p**rl Pip m .�„r .x yids t'G xg;y i. 6L-Z ^�6L-ZO-6LOZ 6L-ZO-6LOZ A s MAR 2 7 2019 _ ..TV DCM-MHD CITY RECEIVED MAR 272019 DCM-MHD CITY Layer List Basomap Imagery (2016) +. Basemap Imagery(2012) , M Basemap Imagery (20 10) Basemap Imagery (2008) Basemap imagery(2006) Basemap Color -infrared Imagery(1998) Basemap Imagery (1993) Layer List >0 Basemap1magery(2016) r '. Basemaplmagery(2012) Basemap Imagery(2010) Basemap Imagery (2008) Basemap Imagery (2006) 4 Basomap Color infrared Imagery(1998) Basemap lmagery(1993) RECEIVED MAR 2 7 2019 DCM-MHD CITY Received FED 2 5 2919 DCM-EC ■ 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 mallplece, or on the front If space permits. MARGARET E BURGWYN, P O BOX 421 WOODLAND, NC 27897 IIIIN INIfllNlllIIIIIIIIIIIII IIIIIIIIIII 9590 94021662 6053 8740 79 7004 1160 0006 4218 4628 PS Form 3811, July 2016 PSN 7530.02.1004M ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or an the front if space Permits. MARCELLA F MORRISETTE 407 -L S GRIFFIN ST ELIZABETH CITY NC 27909 IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIII IIIII 9590 9402 2644 6336 5560 44 2. Ankle Number flranater fromaeMce feWstl 7004 1160 0006 4218 4611 Pt3 Form 3811. Jtdy 2016 PSN 703ao"00 M 6Agent a. esrms iypo F'rN SYA ❑Adult eigmuee U RegisiyMelt Reg4lered Mae ❑Molt va ReeelctedaN ❑ Co� SI d® Nary ❑ blared Mal fleablclad ❑ CWWW Mal Reeekted oalroav ❑ReWmrxlptror ❑coliod on DOW" MeroheMgre ❑ Collect oe Degvpy RoMWed Delivery OalgnaWneCenRmetTwl- ❑IneurodMoe ❑ eigneaae Cangrmalbn n hteured Meg ReNdcted Dogvery Ra*kted Dedvery ov& E60q Domestic Relurn Receipt ❑ Agent le delhwy address different from IMm 17 ❑ Yee If YES, enter delivery address below. O No service type ❑ Prbdly Man fXWOse Adult glrn ure n Regivered Malls" Mutt Slgrature neetdded Delvery ❑ Rephtared Mall ResMcted Cedned Male Dale (very COMW Moll Raetrbted Dellvery ❑ Il Racelptfor COgeoton Delivery Moraww1w collect m Delivery Reeiricted Degvery n sonature cwry=smTM Insured Meg ❑signature CWN"don Reatdotad Dd"ry ReaeW polvory (MEdM 1g Domestic Return Receipt RECEIVED MAR 272019 DCM-MHD CITY Service- U.S. Postal -' MAIL,: RECEIPT CERTIFIED Provided) (Domestic Mail Only; No Insurance Coverage rq ru S .0 p CeNlied Fee O p Return Ro equired) "r (Endorsement Rred) O Reatrkted DelNery FM .0 A (ErMorsement Requiredl 02/14/2019 Tolal Poetage 6 o t 1. $7 7MARGARET E BURGWYN, o P O BOX 421 !; BUAWQW;' WOODLAND,NC27897 a PO tbx Ab �iry$lete, jIFi4 Postal CERTIFIED a R 1 RECEIPT S (DomesticAfair DWY, No Insurance Coverage provided) Q 3 �, ' l Postage s' I 0448 C3ceNAedFee $0.00 — �.03 O RaNmRegeplFee $0.0 (Endorsement Requrem RoaWctad03vory Fee �Aj m rr4 {ErMorsemant Requlretll O S TaWPoelage $77.75 02*71V249 O MARCELLA F MORRISETTE 407-L S GRIFFIN ST wPO eoxNO. e4;- teie;Yfp ELIZABETH CITY NC 27909 RECEIVED MAR 2 7 2019 Received FEB 19 1919 DCM-MHD CITY i DCM-EC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: cSoundwaves of Nags Head LLC, Mailing Address: ri/o1S� 141, Phone Number: Email Address: mmchimento(ftmail.com I certify that I have authorized John DeLucia PE Albemarle & Associates, Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Restoration, Reclamation and Repairs to Dwelling at my property located at 4016 W Soundside Road in Nags .[a] in Dare County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Sig/nature /IeI%- N/ C"44MeN � Print or Type Name Title Date This certification is valid through / � t :2 0<_' 0 Received FEB 10 2019 DCM-EC RECEIVED MAR % 9 Z019 DCM-MHD CITY Revised Mar. 2016 lbemarle & ASSOCIATES, LTD. January 29, 2019 MARCELLA F MORRISETTE 407 -L S GRIFFIN ST ELIZABETH CITY NC 27909 t--'.O. L RE: Riparian Notification for CAMA Permit Application MAR 2 7 �113 Soundwaves Of Nags Head Llc„ 4016 W Soundside Rd Nags Head, NC 27959 DCM-MHD CITY Dear Ms. Morrisette, Your neighbor, Soundwaves of Nags Head, LLC is making an application for a CAMA major permit. This application is to restore lost land and to repair and elevate the existing dwelling on this property. The Applicant is proposing to construct a bulkhead, fill a portion of the eroding land and to repair and renovate the existing dwelling that is located on this lot. The dwelling will be elevated in place to raise it above the Base Flood Elevation. A new western deck is also planned. Enclosed with this letter is a copy of the permit application, a site plan copies of the permit application. The bulkhead improvements will be within 15' of your common property line and are intended to joint to the existing rip -rap along your southern, common property line. Should you have any objections to this proposal, please send your written comments to Yvonne Carver yvonne.carver()ncdenr.gov District Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909 252-264-3901, Fax: 252-331-2951 within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 252 441-2113 Ext 204, or e-mail me at MI10 Received Fci3 1 a 2099 REM Planning - Surveying - Engineering - Environmental - Construction Managenwnt P.O. Box 3989, 115 W. Saint Clair St., KI11 Devil Hills, North Carolina 27948 North Carolina license No. C-1027 Phone: 252441.2113 www.AlbemsrleAssociates.com Fax: 252.441.0965 DiDlc�c�on March 1, 2019 Mr. Frank Jennings, District Manager Frank.Jennings@)ncdenr.gov Ms. Yvonne Carver, Field Officer yvonne.carver@ncdenr.gov 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909 RE: CAMA Permit Application, 4016 W Soundside Road, Nags Head NC 27959 Received MA4 4 - 20i9 DME""C UC MG iV �� NIAR 2 � 2019 pp WD CITY I, Marcella F. Morrisette, am sending you this Letter of Objection to the proposed CAIGIA� Application for a Major Development Permit and Riparian Notification and CAMA Permit Application Narrative, that I received on February 18, 2019, from Albemarle and Associates, LTD., with documents dated January 29, 2019 and February 12, 2019. Also included were 2 photos from July 2006 and one dated March 15, 2018. I would like to point out the date of Hurricane Irene, which substantially began on August 27, 2011. After Hurricane Irene damaged our property, we were visited by a CAMA Agent and the Town of Nags Head Building Inspector. We received permits to repair our lost pier, eroding shore line, and home. Even at an elevation of 9 feet, our home experienced water damage during Hurricane Irene. Due to this damage, we decided to remove and replace part of the structure, and place it further landward of the waterline. At the time of Hurricane Irene and during the repairing of our property, Mrs. Virginia Robertson was my neighbor. I lived next to Mrs. Robertson for thirty or more years. Throughout that time, Ms. Robertson, as far as I know, did not apply for a permit to repair or stabilize her shoreline. She did repair her house and a Nags Head building inspector David Morton passed her house for occupancy. Soundwaves of Nags Head, LLC., bought Mrs. Robertson's property, 4016 W Soundside Road, in November 2018. Soundwaves is now applying for a major permit to increase their lot size per the recent survey. Soundwaves knew what they were buying when they purchased the property. I think they should live with the land that existed at the time of the purchase in November 2018. They should not be able to claim land that is no longer there. Even so, it is my understanding that to claim land that is no longer there, Soundwaves must show that they are reclaiming land lost because of natural causes. It is my opinion that Soundwaves is claiming more land than what has been lost by natural causes. The documents I received with the Application do not change my opinion and should not sway yours. The documents do not show how the land was lost because of natural causes. As I mentioned r- above, I have owned property on Soundside Road for several decades. During that time and even before then in the 1950's when I lived on Soundside Road with my parents every summer, 4016 W Soundside Road did not have as much land as Soundwaves is attempting to reclaim. Further, Mrs. Robertson had phragmites that assisted with preventing the land from eroding. Mrs. Robertson cut down the phragmites even though I told her that this would lead to more erosion. Since Mrs. Robertson cut down the phragmites, more erosion has occurred than what would have occurred if the phragmites had been kept. This is not a natural cause; this is a human cause. It is also my understanding that if there isn't a sufficient showing that the land was lost because of natural causes, then there must be proof that any adjoining riparian owner, such as me, will not be injured by the project. It is my opinion that my property will be injured. I would appreciate proof that my property will not be injured. It is my opinion that CAMA should also want to confirm that adjoining riparian owners will not be injured. The documents I received do not provide such a confirmation. Instead, the documentation supports my opinion that my property will be injured. One of the main reasons I believe my property will be injured is due to the use of a bulkhead rather than riprap. We have used riprap on our property and it has performed excellently. I have enclosed pictures that show riprap has been placed on the 4016 W Soundside Road property and this should continue. The use of the bulkhead will cause damage to my property. Bulkheads do not dissipate wave energy well. Instead, they direct the energy to adjacent properties, such as mine. This will cause erosion and damage to my property. This is concerning to me and should be concerning to CAMA. Without additional documentation and proof, I cannot approve of this Application. I hope that CAMA and the decision makers on this application will take my objection seriously. Sincerely Marcella F. Morrisette Enclosures Cc: John M. Delucia, PE RECEIVED Received MAR 2 9 Z019 DCM.MHD CITY D M'EC r March 1, 2019 Received Mr. Frank Jennings, District Manager Frank.Jennings@ncdenr.gov Ms. Yvonne Carver, Field Officer yvonne.carver@ncdenr.gov D M-EC 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909 RE: CAMA Permit Application, 4016 W Soundside Road, Nags Head, NC 27959 Mr. Jennings and Ms. Carver, Enclosed are pictures from 2017 of shoreline in front and adjacent to 4014 W. Soundside Road. Sincerely, Marcella F. Morrisette RECEIVED mp27W9 t.)CM_MHD CITY w m *Wmmj .0 74 n M Ay lqq a01`7 Received fit' _ 7E1q DCM-EC RECEIVED MAR 2 7 2019 DCM-MHD CITY Carver, Yvonne From: Marcella Morrisette <marcella.morrisette@gmail.com> Sent: Friday, March 01, 2019 8:05 PM To: Carver, Yvonne Subject: Re: [External] 4016 west soundside rd This photo was taken August 112016 .I have it on my (Phone and did not include it in my letter And four other photos sent to you march 12019 but can add it if it helps our case. Sent from my iPhone On Mar 1, 2019, at 4:18 PM, Carver, Yvonne <yvonne.carver@ncdenr.gov> wrote: Thank you ... can you confirm the date that this photo was taken? *wmw x. ewuwx Field Representative & District LPO Coordinator Division of Coastal Management RECEIVED NC Department of Environmental Quality 252-264-3901, ext. 232 MAR 2 7 2019 252-331-2951 (fax) DCM-MHD CITY yvonne.carver @ ncdenr.00v 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. httos: //deg.nc.govlabout/d ivisions/coasta I -management/ From: Marcella Morrisette <marcella.morrisette@gmail.com> Sent: Friday, March 01, 2019 2:48 PM To: Carver, Yvonne <vvonne.carver@ncdenr.gov> Subject: [External] 4016 west soundside rd CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<mailto:report.spam@nc.gov> <image001.jpg> Sent from my iPhone Carver, Yvonne From: Carver, Yvonne Sent: Monday, March 04, 2019 4:34 PM To: Marcella Morrisette Subject: RE: [External] Re: Aug 112016 -- other photos reed via fax Good afternoon, Yes, the mail came in while I was at lunch. We have the colored copies now, and will be including your Letter of Objection and supporting photos to the application file for review. Gregg Bodnar, our Assistant Major Permits Coordinator in Morehead City, as well as review staff, will receive copies of this information. As part of the major permit application process, Gregg will respond to your concerns by letter at the time of the permitting decision (if not before). Thank you for all the information that you have provided. voontw a egJw" Field Representative & District LPO Coordinator Division of Coastal Management NC Department of Environmental Quality 252.264-3901, ext. 232 262-331-2951 (fax) vvonne.carver @ncdenr.00v 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. https://deg.nc.gov/about/divisions/coastal-management/` From: Marcella Morrisette <marcella.morrisette@gmaii.com> Sent: Monday, March 04, 2019 1:29 PM To: Carver, Yvonne <yvonne.carver@ncdenr.gov> Subject: [External] Re: Aug 112016 -- other photos rec'd via fax Dear Yvonne, I sent the pictures on Friday LISPS .You should be receiving them this week. Sincerely, Marcella Morrisette On Mar 4, 2019, at 12:09 PM, Carver, Yvonne <vvonne.carver@ncdenr.eov> wrote: RECEIVED MAR 2 7 2019 DCM-MHD CITY Ms. Morrisette, When I spoke with Bruce Ferguson on February 281^, I noted that the photos received via fax were unreadable. He stated that you all would be forwarding color copies (I believe through the mail). I've noted that the dates on the faxed photos were written as July 26, 2017, May 29, 2017 and June 18, 2017. If you have already sent these by USPS, thank you. If not, an email copy of those photos would suffice; I can print them out for our file. Respectfully, Yvonne *amw a eawe4 Field Representative & District LPO Coordinator Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 232 252-331-2951 (fax) yvonne.carver @ ncdenr.gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. https://deg.nc.gov/about/divisions/coastal-management/ From: Marcella Morrisette <marcella.morrisette@amaii.com> Sent: Friday, March 01, 2019 7:52 PM To: Carver, Yvonne <yyonne.caryer@ncdenr.gov> Subject: [External] Aug 112016 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report. spa m@nc.eov<maiIto: repo rt.spam@nc.gov> I have many pictures on my I phone and mislabeled it 2017 but it was taken August 112016 Thank you <i mage001.j pg> Sent from my Whone RFcF-NED MAR 21 Z019 DCM-WE) C'TY lbemarle & ASSOCIATES, LTD. January 29, 2019 MARGARET E BURGWYN, P O BOX 421 WOODLAND NC 27897 RECEIVED RE: Riparian Notification for CAMA Permit Application MAR 2 7 Soundwaves Of Nags Head Llc„ 4016 W Soundside Rd Nags Head, NC 27959 DCM-MHD CITY Dear Ms. Burgwyn: Your neighbor, Soundwaves of Nags Head, LLC is making an application for a CAMA major permit. This application is to restore lost land and to repair and elevate the existing dwelling on this property. The Applicant is proposing to construct a bulkhead, fill a portion of the eroding land and to repair and renovate the existing dwelling that is located on this lot. The dwelling will be elevated in place to raise it above the Base Flood Elevation. A new western deck Is also planned. Enclosed with this letter is a copy of the permit application, a site plan copies of the permit application. These improvements will not be within 15' of your common property line. Should you have any objections to this proposal, please send your written comments to Yvonne Carver yvonne.carver(ftodenuov District Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909 252-264-3901, Fax: 252-331-2951 within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call rpe at 252 441-2113 Ext 204, or e-mail me at JIII C�CI /(/ deceived M. DeLucia, PE FES I.9 20P9 ncipal Engineer DCM-EC Eric Planning - Surveying - Engineering - Environmental - Construction Managerwl P.O. Box 3989, 115 W. Saint Cleo St., Kill Devil Hills, North Carolina 27948 North Comitna License No. C-1027 Phone: 252-441-2113 www AitremarieAssoclates.com Pax: 252-441.0965