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
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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
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RECEIVED
MAR 2 7 2019
OCM-MHD CITY
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FEB 19 2019
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RECEIVED Received
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MAR 2 7 2019
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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.
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DCM-MHD CITY
2019-02-19
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DCM-MHD CITY
Layer List
Basomap Imagery (2016)
+. Basemap Imagery(2012)
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Basemap Imagery (2008)
Basemap imagery(2006)
Basemap Color -infrared Imagery(1998)
Basemap Imagery (1993)
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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
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MAR 272019
DCM-MHD CITY
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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