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HomeMy WebLinkAboutRET 19-01 Spencerqk CL) DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applica Type: (check all that apply) New Major Mod_ Permit#Minor Mod_ Renewal_ Transfer_ Permit Coordinator: ` Field Representat 2aLejjime Message �c2�il� PrrnMt ��d for Old- "�(le��u� i�c.a�ve6! .¢�net,il � ova- �-�-afi c�N►-o. �, �- �:s rle+ n col ol" arl't aloof Wo Aq V�� l �- �t wcWtis�u �� Ct1�,M� �ZI� Coastal Management ENVIRONMENTAL QUALITY File Note: FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinator ROY COOPER Gmamrr WILLIAM G. ROSS JR. remldry BRAXTON DAVIS Dimxtr SUBJECT: John Spencer permit Application for 121 South Dogwood Trail, Southern Shores DATE: 2/2/2018 The application was received in the Elizabeth City office as complete on 5/2/16. DWR requested additional information on 5/24/16 and placed on hold by DCM on 5/26/16. On 7/18/16, Courtney Spears received an email from DWR noting that Mr. Spencer was retiring the DWR application, and on 8/11/16 the notice from DWR retiring the application was received. To date no request for retirement of the DCM application has been received. On 2/1/18 Ron Renaldi notified me that the property had been sold to Mark and Anita Frena, and provided a copy of the deed, which is attached. Therefore, the application submitted my Mr. Spencer has been retired. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue 1 Morehead City, NC 28557 252-808-28081252-247-3330(faz) DARE REAL ESTATE �O COUNTY � $, TRANSFER TAX Recorded: 07/10/201704:00: 10 PM BY: Claudia Hartig[on Vanzola McMunan, Register of Deeds S � Dare County, NC ' X� ��% ,T17 3 �� 1 APPROVED DARECOONTYT p> COLLECTOR NO. 6�"�� Fee Ana S7B.00 NC Fie Tar $504.00 BOOK 2180 PAGE 32 (3) nXXKsos IIIIIIII�II�IPIII��I� O C? NORTH CAROLINA GENERAL WARRANTY DEED r Prepared by: 'ce Returnm &Williams, P.A. Return to: Sharp, Graham, Baker & Vaell, L.L.P. 5 Oleander Dr., STE C-3 ington, NC 28403 This instrument is prepared by D. Robert Williams, Jr., a North Carolina licensed attorney. Delinquent tares, if any, will be paid by the closing attorney to the Dare County Tar Collector upon disbursement of closing proceeds. The Pr er has made NO record march or examination as to the property herein described, unless the sameown by his written and signed certificate. Excise Tax: S � Parcel ID# 022286000 Brief Description for the Inde Lot 3, Block 114, Southern Shores THIS DEED. made`Als I5f" day of June, 2017, by and between: GRANTOR GRANTEE JOHN W. SPENCER and wife, Mark Frees and Anita Frens, Trustees, or their JESSICA DEGROOTE SPENCER successom in interest, of the Mark and Anita Frena O Family Trust dated May 31, 2013, and any 0 amendments thereto Mailing Address: 1100 Pembroke Jones Drive Wilmington, NC 28405 Mailing Address: L9 S Dogwood Trail uthern Shores, NC 27949 PLEASE CHECK ONE: This property does 13 / does not ® include the primary residence of at least one of the Grantors. (NCGS § 105-317.1) G The designation Grantor and Grantee as used herein 11 include said parties, their heirs, successors, and assigns, and shall include singular, pl �{ asculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration;id by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does#bmt, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel oo d and more particularly described as follows: See Attached Exhibit "A" which is incorporated hereinby reference. TO HAVE AND TO HOLD the aforesaid lot or parcel of land R, all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of t1lopremises in fee simple, has the right to convey the same in fee simple, that title is marketable 4 free and clear of all encumbrances, and that Grantor will warrant and defend the title against thdawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2017 and future years. Book 2180 Page 032 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, �eIas caused this instrument to be signed in its corporate name by its duly authorized fficer(s), the day and year first above written. (SEAL) 04 kSPCER d O State of North Cina County of New Hanover (SEAL) f1 certify that the wing person(s) personally appeared before me this day, having been properly identified by a dn�ttis gc license or other photo identification, each acknowledging to me that he or she voluntarily sithe foregoing document for the purpose stated therein and in the capacity indicated: �� JOHN W. SPEE . and wife, JESSICA DEGROOTE SPENCER Witness my hand and notarial seal, tffia . 5� day of �June, 2017. ° � 1 1M1011 mn �c 0 NC1 Melissa Ketchum �j. Notary Public Notary Public Yr1 New Hanover County, NC Y� wy ��� aC L� 11Typed or Printed Name of Notary My Commission Expires: d O Book 2180 Page 033 EXHIBIT'W' LEGAL DESCRIPTION 1 �Y. Pl RTY: BEGINNING AT a concrete monument lying in the Western margin or n"ght of way of Dogwood Trail, said point of beginning lying in the Northeast comerdf Lot 4, of Block 114, Southern Shores, and being the Southeast comer of the lot Qpwn as Lot 3, on that certain plat entitled "Plat of Lot 3, Block 114, Southernores: prepared by F. Richard Quible, Registered Surveyor, dated 18 November,`4977, and attached hereto; running thence from the point of beginning South 840 3%N West a distance of 75.65 feet to a concrete monument lying in the North boundarkf Lot 4, of Block 114, Southern Shores, thence continuing along the same as stated in the preceding call a distance of 256.84 feet to a concrete monument lying on the shore of a certain lagoon which joins the waters of Jean Guite Crook; thencpiuming and running North 17° 54' 48" East a distance of 130.07 feet along tffVhoreline of the aforesaid lagoon to a concrete monument lying in the Southwest5m comer of Lot 2 of Block 114, Southern Shores; thence turning and running Not 84° 44' 6" East a distance of 258.63 feet to a concrete monument lying in the boundary of Lot 2 of Block 114, Southern Shores; thence continuing the sam"urse as stated in the preceding call a distance of 58 feet to a concrete monumeht'lying in the Western margin or right of way of Dogwood Trail; thence tumid running South 131 3' 26" West, along the Western margin or right of wa of Dogwood Trail a distance of 41.44 feet to a concrete monument lying in the V&tem margin of right of way of Dogwood Trail a distance of 41.44 feet to a con monument lying in the Western margin of right of way of Dogwood Trail; then running South 10' 23' 56" West along the Western margin or right of way of Do4.vood Trail a distance of 82.62 feet to the point or place of beginning. �� Same being more particularly described on the map or plat drawn by F. Richard Quible, Registered Land Surveyor, dated 18 November, 1977, entitled "Plat of Lot 3, Block-114, Southern Shores", which plat itittached hereto and incorporated herein as a part of this instrument. 1�) O Also being the same property described in that deegJohn W. Spencer and wife, Jessica Degroote Spencer, recorded January 22, 20IVn Book 1950, Page 234 of the Dare County Registry. O Gas, oil and mineral rights are not hereby conveyed. Parcel Number. 022286000 16 Book 2180 Page 034 PAT MCCRORY ` .. Gavemor DONALD R. VAN DER VAART Water Resources .'ENVIRQNNENTA QUALM S. JAY ZIMMERMAN Dinclor August 11, 2016 DWR # 16-0478 Dare County CERTIFIED MAIL: 7015 0640 0005 9060 7679 RETURN RECEIPT REQUESTED . Mr. John Spencer 1106 Pembroke Jones Drive Wilmington, NC 28405 Subject: RETURN OF APPLICATION 121 South Dogwood Trail in Southern Shores, Dare County (Bulkhead Proposal) Dear Mr. Spencer: On May 09, 2016, the Division of Water.Resources received a copy of your CAMA Major Application dated May 04, 2016, requesting a 401 Water Quality Certification for the subject project. The Division of Water Resources, issues approvals in the form of a Water Quality Certification (WQC) in conjunction with the major modification to your CAMA Major Permit and General Permit(s) 198000291 issued by .the US Army Corps of Engineers (USACE). This WQC allows you to Use the CAMA Major Permit when the. Division of Coastal Management issues their permit. We wrote to you•on,May 24, 2015 requesting additional information on the project. Additional dialogue (via telephone) requested the same additional information (7/15/2016 and 7/18/2016); As of today, the Division of Water Resources has not received a complete response to these requests. Pursuant to Title 15A NCAC 02H .0507(e), the Division of Water Resources is unable to approve your application. For the reasons listed above, your application is hereby returned. Once you have addressed the problems and/or inadequacies with your application as it was submitted; you will need to reapply directly to the Division of Water Resources for approval including a complete application package on the Pre -Construction Notification Form (PCN) and the appropriate fee. This form . can be found online at: http://www.saw.usace.army.mil/WETLANDS/Pcn/­ Please be aware. that you have no authorization under Section 401 of the Clear Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statutes and. Administrative Cade. State of North Carolina I Environmental Quality l WatcrResounea—Water Quality Regional Operations —Washington Regional Office 943 Washington SquaraMail, Washington, NC27889 252.946-6491 0 John Spencer D W R # 16-0478 Return of Application Page 2 of 2 Please contact Anthony Scarbraugh (252-948-3924 or anthony.scarbraugh@ncdenr.gov) or Don Burke (252- 948-3966 or don.burke@ncdenr.gov) if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Permitting Section Division of Water Resources, NCDENR cc: Josh Pelletier, USACE Washington Regulatory Field Office .(via email) Courtney Spears, DCM Morehead City (via email) Ron Renaldi, DCM Elizabeth City (via email) DWR WaR0 401 files Caserfiiche Whit.Patterson.(Albemarle Bulkheads, PO Box 50, Kill Devil Hills, NC 27948) BE Spears, Courtney From: Spears, Courtney Sent: Wednesday, June 01, 2016 3:30 PM To: Renaldi, Ronald Subject: RE: John Spencer Permit Thanks for sending this along. Once I receive the alternative plans from DWR we should be able to remove the application from hold. Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Renaldi, Ronald Sent: Wednesday, June 01, 2016 3:27 PM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: FW: John Spencer Permit FYI Ron Renaldi Field Representative NC Division of Coastal Management NC Department of Environmental Quality (252) 264-3901 ext. 237 office Ronald.RenaIdi@ncdenr.gov 1367 US 17 South 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. -----Original Message ----- From: Burke, Don Sent: Wednesday, June 01, 2016 3:23 PM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Whit Patterson <whitpatterson0857@gmail.com> Cc: Carver, Yvonne <yvonne.carver@ncdenr.gov> Subject: RE: John Spencer Permit I spoke with Maribeth Ulmer this morning (6/O1/2016 @ 0920 am) about the requested information regarding the wetland impacts for the bulkhead project (John Spencer DWR #2016-0478). 1 believe we cleared things up in order to get the project moving forward (alternative plans/layout) which involves protecting the adjacent wetland habitat and hydrological flow. Don Burke DWR WaRO -----Original Message ----- From: Renaldi, Ronald Sent: Wednesday, June 01, 2016 3:04 PM To: Whit Patterson <whitpatterson0857@gmail.com> Cc: Burke, Don <don.burke@ncdenr.gov>; Carver, Yvonne <yvonne.carver@ncdenr.gov> Subject: FW: John Spencer Permit Whit, I got your message today. The information request is from the Division of Water Resources out of Little Washington, not Coastal Management. They are one of the Major Permit review agencies (there are 10 state and 4 federal agencies that review all Major Permit applications), and any permit we issue must coincide with their permitting requirements. You need to call Don Burke at (252)948-3966 or email don.burke@ncdenr.gov for clarification on what DWR wants. - M T-To Field Representative NC Division of Coastal Management NC Department of Environmental Quality (252) 264-3901 ext. 237 office Ronald.Renaidi@ncdenr.gov 1367 US 17 South 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. -----Original Message ----- From: Renaldi, Ronald Sent: Friday, May 27, 2016 3:17 PM To: Whit Patterson <whitpatterson0857@gmail.com> Subject: Re: John Spencer Permit Maribeth, I am out of the office today and our office is closed Monday. I believe that the letter you received is from the Division of Water Resources (one of the permit reviewing agencies), not Coastal Management. It appears they want more information and reasons why other means to stabilize the shoreline are not being used (i.e. riprap, breakwater, etc..). Contact the person who sent it from DWR and ask them what would satisfy their request. Ron From: Whit Patterson <whitpatterson0857@gmail.com> Sent: Friday, May 27, 2016 12:16:24 PM To: Renaldi, Ronald Subject: John Spencer Permit Hey Ron, I have received some papers in the mail. I talked to Whit about them today and he wasn't sure what they meant as well. If you could help me out with them I would appreciate it. They are requesting for Impact Justification (Avoidance and Minimization). I can fax or down load these papers to you in an email if you would like. I'm just not sure what I need to send in for this permit. You can reach me by email or on my cell phone 252-489-0142. Thank you, Maribeth Ulmer CS Spears, Courtney From: Scarbraugh, Anthony Sent: Monday, July 18, 2016 4:03 PM To: Spears, Courtney Cc: Renaldi, Ronald; Staples, Shane; Dunn, Maria T.; Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mi1) Subject: John Spencer Project Ladies and Gentlemen, Mr. Whit Patterson, marine contractor for John Spencer, has just contacted me and canceled the meeting because that Mr. Spencer had decided to withdraw his application. Anthony Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 —/ Nothing Compares; Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. P Spears, Courtney From: Scarbraugh, Anthony Sent: Tuesday, July 05, 2016 11:54 AM To: Spears, Courtney Subject: FW: John Spencer Bulkhead Project - 121 South Dogwood Trail, Southern Shores FYI Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources— Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Pelletier, Josh R SAW [mailto:Josh.R.Pelletier@usace.army.mil] Sent: Tuesday, July 05, 2016 9:28 AM To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: RE: John Spencer Bulkhead Project -121 South Dogwood Trail, Southern Shores I don't see any mitigation proposed in the application. The bulkhead would cause the 404 area to lose hydrologic connectivity and thus be viewed as an impact from our perspective. He can either find another shoreline stabilization option that doesn't isolate the wetland area or propose some sort of mitigation option. Essentially, we are looking at his isolation of the area the same way we would look at a fill. Let me know if you have any other questions.... -----Original Message ----- From: Scarbraugh, Anthony [mailto:anthony.scarbraugh@ncdenr.gov] Sent: Tuesday, July 05, 2016 8:24 AM To: Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil> Subject: [EXTERNAL] RE: John Spencer Bulkhead Project -121 South Dogwood Trail, Southern Shores Josh, Do you have any comments regarding the project? Anthony C� Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources - Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Pelletier, Josh R SAW [mailto:Josh.R.Pelletier@usace.army.mil] Sent: Tuesday, July 05, 2016 8:22 AM To: Staples, Shane <shane.staples@ncdenr.gov>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Scarbraugh, Anthony <a nthony.sca rbraugh @ ncdenr.gov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Burke, Don <don.burke@ncdenr.gov>; Spears, Courtney <co u rtney.spea rs@ ncden r.gov> Subject: RE: John Spencer Bulkhead Project -121 South Dogwood Trail, Southern Shores I will not be able to attend that day! -----Original Message ----- From: Staples, Shane [mailto:shane.staples@ncdenr.gov] Sent: Tuesday, July 05, 2016 8:17 AM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pelletier, Josh R SAW <Josh.R.PeIletier@usace.army.mil>; Burke, Don <don.burke@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov> Subject: [EXTERNAL] RE: John Spencer Bulkhead Project -121 South Dogwood Trail, Southern Shores I should be able to attand From: Renaldi, Ronald Sent: Friday, July 01, 2016 12:03 PM To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Staples, Shane <shane.staples@ncdenr.gov>; Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mi1) <Josh.R.Pelletier@usace.army.mil>; Burke, Don <don.burke@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: John Spencer Bulkhead Project - 121 South Dogwood Trail, Southern Shores (/i I'll be there Ron Renaldi Field Representative NC Division of Coastal Management NC Department of Environmental Quality (252) 264-3901 ext. 237 office Ronald.Renaldi@ncdenr.gov <mailto:Ronald.Renaldi@ncdenr.gov> 1367 US 17 South 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. From: Scarbraugh, Anthony Sent: Friday, July 01, 2016 11:21 AM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov <mailto:ronald.renaldi@ncdenr.gov> > Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org <mailto:maria.dunn@ncwildlife.org>>; Staples, Shane <shane.staples@ncdenr.gov <mailto:shane.staples@ncdenr.gov> >; Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mil <mailto:Josh.R. Pelletier@usace.army.mil> )<Josh.R.Pelletier@usace.army.mil <mailto:Josh.R.Pelletier@usace.army.mil>>; Burke, Don <don.burke@ncdenr.gov <mailto:don.burke@ncdenr.gov>>; Spears, Courtney <courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov>> Subject: John Spencer Bulkhead Project -121 South Dogwood Trail, Southern Shores Ladies and Gentleman, After several discussions with Witt Patterson (marine contractor for Mr. Spencer) on how to address concerns over avoidance and minimization of onsite wetland impacts associated with proposed bulkhead, I proposing an onsite meeting on July 25 at 12 PM to discuss the resource agencies concerns and potential ways to address the concerns. Please tell me if you will be able to attend. Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources - Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov <mailto:anthony.scarbraugh@ncdenr.gov> 943 Washington Square Mall Washington, NC 27889 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. i .a Coastal -Management ENVIRONMENTAL QUALITY May 26, 2016 John Spencer 121 S Dogwood Trail Southern Shores, NC 27949 PAT MCCRORY Gomm, DONALD R. VAN DER VAART Secielmy BRAXTON DAVIS SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for John Spencer in Dare County Dear Sir: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Elizabeth City office on May 2, 2016. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that, prior to taking final action on a project of this nature, a Water Quality Certification for the proposed development must first be approved by the Division of Water Resources (DWR). Based upon the attached request for information from the DWR dated May 24, 2016, it appears as though additional information from the applicant will be required before a final decision on issuance of a Water Quality Certification can be made. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the required information is provided to the DWR, a Water Quality Certification is issued for the project, and a copy of the approval supplied to this office. If you can provide to this office a copy of the requested information within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office �blothing Compares I State of North Carolina I Environmental Qaality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 T l Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Govemar DONALD R. VAN DER VAART seCrem,7, BRAXTON DAVIS within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at courtnev.spears ncdenr.gov. Division of Coastal Management Assistant Major Permits Coordinator CC: Whit Patterson (Albemarle Bulkheads, PO Box 50, Kill Devil Hills, NC 27948) Robert Tankard, DWR Josh Pelletier, USACE Elizabeth City DCM Nothing Comparesf, State of North Carolina I Environmental Quality I Cowtal Management 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 T Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY G�.,,,.r DONALD R. VAN DER VAART Sccrelary S. JAY ZIMMERMAN May 24, 2016 D""I" DWR # 16-0478 Dare County CERTIFIED MAIL: 7015 0640 0005 9080 5972 RETURN RECEIPT REQUESTED Mr. John Spencer 1100 Pembroke Jones Drive Wilmington, NC 28405 Subject: REQUEST FOR ADDITIONAL INFORMATION 1215outh Dogwood Trail in Southern Shores, Dare County Dear Mr. Spencer: On May 09, 2016, the Division of Water Resources (Division) received your application dated May 04, 2016, 2015, requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Impact Justification (Avoidance and Minimization) Please provide more details regarding avoidance and minimization of approximately 3,375 square feet of wetland impacts for this project. [15A NCAC 02H .0506 (f) and (g)]: (f) A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration or density of the proposed activity and all alternative designs the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters or wetlands. (g) Minimization of impacts may be demonstrated by showing that the surface waters or wetlands are able to continue to support the existing uses after project completion, or that the impacts are required due to: (1) The spatial and dimensional requirements of the project; or (2) The location of any existing structural or natural features that may dictate the placement or configuration of the proposed project; or (3) The purpose of the project and how the purpose relates to placement, configuration or density. This should include alternative designs and layouts of the project area. This Office believesthat the wetland impact labeled on the submitted plans can be moved or reconfigured to avoid the impacts to the 401/404 wetland. Please revise the plans to avoid the impacts or provide a detailed explanation of why this plan forthe activity cannot be practically accomplished, reduced or reconfigured to avoid impacts to the 401/404 wetlands. RECEIVED MAY 2 6 2016 State ofNmth Caroliaa l FnYiro=mtal QuahtylW=Resource-Waz QualityRegional Opcatims-W„hiugtoRReei Y'- MHD CITY 943 Washiagtm Square Mail, Washiagtm, NC 27889 252-946-6481 l Mr. John Spencer DWR # 16-0478 401 Approval (Hold) Page 2 or 2 Pursuant to 15A NCAC 02H .0506 (6(f) and (g))] the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Don Burke at 252-948-3966 or don.burke@ncdenr.gov if you have any questions or concerns. Sincerely, 4j Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Chester Bigelow, USACE Washington Regulatory Field Office DWR WaRO 401 files Laserfiche Whit Patterson (Albemarle Bulkheads, PO Box 50, Kill Devil Hills, NC 27948) Courtney Spears, Asst Major Permits Coordinator (Division of Coastal Management, 400 Commerce Ave, Morehead City, NC 28557) RECEIVED MAY 26 2016 DCM- MHD CITY It 14 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Spencer 2. LOCATION OF PROJECT SITE: 121 South Dogwood Trail, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. Photo Index — 2006: 85-7226 (G 7) 2000: 185-2096 (G 7) 1995:186-1964 (P 11) 1989: 146-8 (R 15) 1984: 136-487 (G 18) 1978: 93-411 (S 5) 3 n State Plane Coordinates - X: 2962137 LaULong:36.11807000N,-75.7419810°W INVESTIGATION TYPE: CAMA Y: 877670 Quadrangle: Kitty Hawk, NC (U.L.) INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/3/2016 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 5/2/2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Southern Shores Land Classification from LUP - The canals are classified as Conservation I (B) Areas of Environmental Concern (AEC) Involved: Public Trust Area (PTA) and Public Trust Shoreline (PTS) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - Septic Planned — N/A (F) Type of Structures: Existing - Single-family dwelling, Dock Planned - Bulkhead RECEIVED (G) Estimated Annual Rate of Erosion: 2 ft/yr Source - Applicant MAY 0 9 2016 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DCM- MHD CITY FILLED DISTURBED (A) Shallow Bottom PTA, EW AEC's ±1,048 ft2 (B) Public Trust Shoreline AEC ±3,930 ft2 (C) 404-wetlands (within Public Trust Shoreline AEC) ±3,375 ft2 (D) Total Area Disturbed: ±4,978 ft2 (0.11 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open to Shellfishing: No *I John Spencer Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to construct a bulkhead waterward of a USACE delineated 404-wetland area/shoreline that ties into adjacent bulkheads. Project Setting The site of the proposed development is located at 121 South Dogwood Trail, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. The property is ±36,923 ft2 in size and has an elevation that ranges from Vat the shoreline to 7+' above normal water level (NWL) in the highground area. Man-made features within the highground area include a single-family dwelling and driveway. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of Fripp fine sand (FrD) in the higher elevation areas and Psamments (PsB) in the near shore area. The highground area is vegetated with lawn grass, various deciduous trees and ornamental bushes. Based on available information, there does not appear to be any archaeological sites on or adjacent to this property. The shoreline is ±131' in length with a ±1' erosion escarpment located at NWL. A ±3,375 ft2 area immediately adjacent to the shoreline was delineated as 404-wetlands. Vegetation growing within, the shoreline area includes 404-wetland plant species, several pines and wax myrtles as well as an area of lawn grasses. An existing 32'x6' dock that is non -accessible is located ±11' to 16' waterward of NWL. In reviewing aerial photography, at the time of dock construction the shoreline was adjacent to its location. The waters of Jean Guite Creek and associated canal systems are classified as SC by the Environmental Management Commission, are not open to shellfish taking and have been designated as an Inland Primary Nursery Area (PNA) by the NC Wildlife Resources Commission. Water depths within the project site range from 0.5' to 2' below NWL with an average depth of 1'. The bottom substrate within the project area is made up of fine sands and detritus and is predominantly vegetated with Milfoil; however, a±50'x2' band of widgeon grass is growing between the bulkhead return wall of the adjacent property to the south and the northern end of the existing dock. Both adjacent riparian properties are residential in nature, have been bulkheaded and have docks. The nearshore land elevation on these properties is similar to the project sites elevation. Development Proposal In order to prevent further erosion to the site, the applicant proposes to stabilize the shoreline by constructing ±131' of vinyl bulkhead. The proposed alignment will tie into the bulkheads of the adjacent properties so that it will be one continuous bulkhead. The proposed bulkhead alignment will average 8' waterward of NWL with a maximum distance of ±16'. Excavation for tie -back installation will occur within a ±718 ft2 area of USACE 404-wetlands. Upon completion of tie -back installation, the area will be returned back to the existing elevation. Clean sand fill material will be placed landward of the proposed bulkhead up to the erosion escarpment matching the existing grade. No fill material is proposed to be placed within the USACE 404- wetland area. JI r e John Spencer Field Investigation Report Page 3 Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±1,048 ft2 of the Public Trust Area AEC with clean fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the placement of ±38.8 cubic yards of fill material below NWL. • Bulkhead tie -back installation will result in the excavation and disturbance of ±718 ft2 of USACE 404-wetlands. • It is anticipated that the remaining ±2,657 ft2 of USACE 404-wetlands will have some degree of disturbance associated with bulkhead construction and backfilling. • Bulkhead installation, backfill and grading will result in ±3,930 ft2 of land disturbance within the Public Trust Shoreline AEC. Submitted by: Ron Renaldi Date: May 4, 2016 RECEIVED MAY 0 9 2016 DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 0 A) APPLICANT: John Spencer County: Dare LOCATION OF PROJECT: 121 South Dogwood Trail in Southern Shores DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 05/02/2016 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: C Date: S B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S 400 (60/40%1 PUBLIC NOTICE REC'D: Advertise: 05/08/16 END OF NOTICE DATE: Comments due: 05/28/16 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON:la ((o C) 75 DAY DEADLINE: 07/16/16 MAIL OUT DATE: Circulation: 05/05/16 FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: 05/26/16 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative GJ/� ( flu Coastal Management - LUP Consistency 5 Division of Community Assistance V Vy r Land Quality Section-DEMLR D WR/DWQ - Aquifer Protection DWR/DWQ - Storm Water V X DWR- PublicWaterSupply , ( VV0 State Property Office (n M ryt./ ftk Division of Archives & History —Cultural Res. no m mm-t- Division of Env. Health --Shellfish Sanitation 1 (QYyj� Division of Highways --DOT Wildlife Resources Commission n z16,,- v3d vw0{�rTcm, rcuty, Local Permit Office/Planning Dept. 5 ' l (k DMF—DCM Fisheries Resource Specialist f Corps of Engineers DCM- MHD CITY 'te"'d Lj t=lr of Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM PAT MCCRORY Governor DONALD R. VAN DER VAART secmwry TO: Courtney Spears, Assistant Major Permits Coordinator THROUGH: Frank Jennings, District Manager FROM: Ron Renaldi, Field Representative R.A.R. DATE: May 25, 2016 SUBJECT: John Spencer Major Permit Recommendations BRAXTON DAVIS Director The applicant proposes to construct a bulkhead waterward of a USACE delineated 404-wetland area/shoreline that ties into adjacent bulkheads. The site of the proposed development is located at 121 South Dogwood Trail, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. The development proposal involves the: Public Trust Area (PTA) and Public Trust Shoreline (PTS) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0203 Manazement Obiective of the Estuarine and Ocean System It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal area. Consistent: The proposed development is consistent with the intent of this rule. RECEIVED MAY 31 2016 %'Nothing Compares_ 1367 US 17 South, Elizabeth City, NC 27909 D C M - M H D CITY Phone: 252-264-3901 \ FAX: 252-264-3723; Internet: www.ncoDastalmanagement.net An Equal Opportunity \ Affirmative Action Employer Courtney Spears, Assistant Major Permits Coordinator John Spencer Major Permit Recommendations May 25, 2016 Page 2 07H.0207 Public Trust Areas (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Q Paragraph (a)(2)(B) states that development shall comply with state and federal water and aid j quality standards. i Consistent: The proposed development is consistent with the intent of this rule. V W ix Courtney Spears, Assistant Major Permits Coordinator 7 John Spencer Major Permit Recommendations May 25, 2016 Page 3 Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (7) Bulkheads pertains to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (7) Bulkheads Subparagraph (7)(A) states, "Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Inconsistent: The proposed bulkhead alignment averages t8' waterward of NWL. Subparagraph (7)(B) states, "Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (7)(C) states, "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 s°RECEIVED obtained may be contained behind the bulkhead." Consistent: The applicants have indicated that clean fill will be used. MAY 31 Z016 DCM- MF""` C""7'yi1J J \ j Courtney Spears, Assistant Major Permits Coordinator John Spencer Major Permit Recommendations May 25, 2016 Page 4 Subparagraph (7)(D) states, "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 site does have an identifiable erosion problem. Bulkheads exist on both sides of the property which have accelerated erosion. (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; Consistent: The proposed bulkhead will align with adjacent bulkheads (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Consistent: The proposed development is documented in a Field Investigation Report. (v) the property to be bulkheaded is in a nonoceanfront area. FtECE' Consistent: The proposed development is consistent with the intent of this rule. MAY 3 I ' 15A NCAC 07H.0209 Coastal Shorelines [)CM- MH (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. Consistent: The proposed development is consistent with the intent of this rule. (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 0 Courtney Spears, Assistant Major Permits Coordinator John Spencer Major Permit Recommendations May 25, 2016 Page 5 the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. (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 adequately service the major 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 effectively 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 may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Q G r.EIV E'D Consistent: The proposed development is consistent with the intent of this rule. MAY 31 2016 (3) All development projects, proposals, and designs shall comply with the followineaua*!(MHD CITY standards of the North Carolina Sedimentation Pollution Control Act of 1973: Dll�:���� (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. Courtney Spears, Assistant Major Permits Coordinator John Spencer Major Permit Recommendations May 25, 2016 Page 6 (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. (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 Q high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; 441 Consistent: The proposed development is consistent with the intent of this rule. Q744/ 21- 15A NCAC 07H.0601 No Violation of Any Rule No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0602 Pollution of Waters No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfrshing is an existing use to the extent that such waters would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish waters when a use attainability study of those Courtney Spears, Assistant Major Permits Coordinator John Spencer Major Permit Recommendations May 25, 2016 Page 7 waters documents the presence of a significant shellfish resource in an area that could be expected to be opened for shellfishing given reasonable efforts to control the existing sources of pollution. Consistent: The proposed development is consistent with the intent of this rule Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans (indicating no proposed 404-wetland fill), I recommend a permit be issued to John Spencer provided that the USACE and NC Division of Water Resources approves the project. In the event of permit issuance, I recommend that the following specific conditions be added to the permit: (1) A pre -construction meeting is required before any development occurs. (2) Logging mats or similar materials are to be utilized when crossing any wetland area. (3) Backfill material may not be placed or stored within the wetland area at any time. RECEIVED MAY 31 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY May 5, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Covemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review John Spencer 121 South Dogwood Trail in Southern Shores, Dare County Bulkhead construction Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIG "E DATE RECEIVED MAY 13 2016 '"Nothing Compares .1 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] PAT MCCRORY (Q ?:+ DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Co21CMIP, anagement FROM: Charlan Owen District Planner Division of Coastal Management SUBJECT: Major Permit Request by John Spencer to install 131 linear feet of vinyl bulkhead an average of 8 feet waterward of Normal Water Level (NWL) and a maximum of 16 feet waterward of NWL on a manmade canal that connects to Jean Guite Creek; at 121 South Dogwood Trail, in the Town of Southern Shores. Date: May 9, 2016 Consistency Determination: The request is consistent with/not in conflict with the Town of Southern Shores CAMA Land Use Plan Update certified by the CRC on August 30, 2012. Overview: The .85 acre subject property has approximately 131 linear feet of shoreline along a manmade canal that connects to Jean Guite Creek. Water depths within 16 feet of the shoreline range from '/ foot to 2 feet below Normal Water Level (NWL) with an average depth of 1 foot. A 1 foot erosion escarpment is located at NWL. A 3,375 sq. ft. area of Section 404 wetlands is located on the property along the shoreline. Site elevations range from 1 foot at the shoreline to 7 feet above NWL in the highground area. The highground is vegetated with lawn grass, various deciduous trees and ornamental bushes. The subject property is in the AE (EL7) Floodzone to the west near the shoreline and in a Shaded X area to the east along highground. Existing site improvements consist of a single-family house and associated driveway. Existing shoreline improvements consist of a 6 foot wide by 32 foot long dock that is located 11 feet to 16 feet waterward of the shoreline. Due to shoreline erosion, the dock is not accessible from the shore. Installation of 131 linear feet of vinyl bulkhead an average of 8 feet waterward of NWL and a maximum of 16 feet waterward of NWL is proposed. The alignment will tie into bulkheads on adjacent properties to the north and south. Excavation for tie -back installation will occur within a 718 sq. ft. area of Section 404 wetlands. Upon completion of tie -back installation, the area will be returned to existing elevation. Clean sand fill will be placed landward of the bulkhead up to the erosion escarpment matching the existing grade. No fill material is proposed for the Section 404 wetland area. The bulkhead location will reconnect the shore to the existing dock. RECEIVED ''Nothing Compares -- MAY 13 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 �rrprlm �� �� CITY North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Cf Page 2 of 4 The waters of Jean Guite Creek and the manmade canal system are classified as SC in this area and are closed to shellfish harvesting. The area is designated as an Inland Primary Nursery Area (PNA) by the NC Wildlife Resources Commission. There does not appear to be any archaeological sites on or adjacent to this property. Anticipated impacts resulting from this project are expected to include: the filling of 1,048 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and the disturbance of 3,930 sq. ft. of Public Trust Shoreline AEC. Approximately 3,375 sq. ft. of Section 404 Wetlands are within the area to be disturbed. Basis for Determination: The Town of Southern Shores Existing and Future Land Uses Map identifies the subject property as "Residential". As noted on Page 62, areas within an AEC are designated as "Conservation". As indicated on Page 62, "(t) he Conservation category is applied to areas that should not be developed (i.e., preserved), or if developed (or managed and maintained), done so in a manner characterized by careful planning and cautious attention to the conservation of environmental features. Definitions of the terms used that indicate the Town's commitment to the policies follow, include: Continue: follow past and present procedures to maintain desired goal Control: to regulate or direct Encourage: to favor or foster Maintain: keep in an existing state or good condition Protect: to guard against a deterioration of a desired state Support: to shore up; may imply financial support The following are LUP policies that may be applicable to this request: Canals: Policy 10, Page 55. "Maintain the aesthetic quality and navigability of the town -owned canal system." Action Item 10-b, Page 56. "Encourage the owners of canal front properties to stabilize the canal/lagoon banks through appropriately designed, installed and maintained bulkheads or other means of stabilization and to maintain RECEIVED -^'Nothing Compares MAY 13 2016 State of North Carolina I Environmental Quality I Coasml Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 DC M - M H D CITY 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 4 all appurtenant structures including but not limited to docks, piers, boat lifts and ramps in an environmentally sustainable manner." Natural Hazards: Policy 18, Page 57. "Minimize and mitigate potential damages to individual properties from natural hazards." Policy 19, Page 58. "Integrate natural resource protection polices with property protection measures." Action Item 19-c, Page 58. "Continue enforcement of the Coastal Area Management Act (CAMA) regulations." Action Item 19-d, Page 58. "Continue enforcement of the State Erosion and Sedimentation Control regulations." Water Quality: Policy 25, Page 59. "Protect, maintain, and conserve coastal and 404/401 wetlands as established by State and Federal standards." Action Item 25-a, Page 59. "Promote programs and practices that prevent soil erosion and sedimentation, and control stormwater entering the beach and estuarine waters." 'y'Nothing Compares State of Noah Carolina I Environmental Quality I Coastal Management 1367 US Huy 17 South I Elizabeth City, NC 27909 252-264-3901 RECEIVED MAY 13 2016 DCM- MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 4 Action Item 25-b, Page 59. "Encourage and support State and Federal vegetative buffer requirements for all water bodies, canals and lagoons to enhance water quality." Action Item 25-c, Page 59. Prevent or control non -point source discharges to the Town's waters. RECEIVED -.�"Nothing Compares.,, MAY 13 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 D C M - M H f� 252-264.3901 e,; 'r q N 0. Coastal Management ENVIRONMENTAL QUALITY May 5, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review John Spencer 121 South Dogwood Trail in Southern Shores, Dare County Bulkhead construction Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. (This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDDATE _ 3/ J/DRECEIVED JUN 0 2 2016 Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M - M I"I D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL OUALITY RECEIVED May 5, 2016 MAY 12 2016 MEMORANDUM TO: Richard Peed, Erosion & Sedimentation Control DCM- MHD CITY Division of Energy, Minerals & Land Resources, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: John Spencer Project Location: 121 South Dogwood Trail in Southern Shores, Dare County Proposed Project: Bulkhead construction Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16 to Courtney Shears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. vll:This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �w' DATE %y Nothing Compares - , State ofNonh Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264.39011252-264-3723 [fax] Coastal Management ENVIRONMENTAL QUALITY 0 May 5, 2016 MEMORANDUM 5WT665- 6 PAT MCCRORY Gmmar y.y,�� VEDDONALD R. VAN DER VAART p `LEm Ee.. — Semray BRAXTON DAVIS MAY 1 1 20 °"m"ar •w,v TO: Samir Dumpor, Environmental Engineer II Division of Energy, Minerals & Land Resources — Coastal Stormwater FROM: '` Doug Huggett, Major Eemiits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: John Spencer Project Location: 121 South Dogwood Trail in Southern Shores, Dare County Proposed Project: Bulkhead construction Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead. City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. - ..'REPLY: V, This agency has no. objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � DATE �p-��c�`l' �ET'(PT-�]> �'h( SToJZNIwAT°�IZ 12Ec�u(i2��`7E1�7-S. =^i Nothing Compares.n:... State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27969 252-264-39011252-264-3723.1f.1 4 Energy, Mlneral and Land Resources eN VIRONMENTAL QUALITY June 8, 2016 John Spencer 1100 Pembroke Jones Dr. Wilmington, NC 28405 Subject: Stormwater Permit Exemption Stormwater Project No. SW7160506 John Spencer— bulkhead construction Dare County , Dear Mr. Spencer: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS Dtreaor On May 11, 2016, the Washington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of your CAMA Major application for proposed bulkhead construction project, located.at121 South Dogwood Trail in Southern Shores, Dare County, 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 since no new impervious area is proposed. 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.NCAC2H.1000. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. 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, priorto, 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 additionalinformation concerning this matter, please contact meat (252)946-6481. Sincerely, Samir Dumpor, PE Regional Engineer sd: G:\SD\Exemptions\SW7160506 cc: Doug Huggett, DCM Washington Regional Office State orNoith Carolina I Environmental Quality I Energy, Mineral and Land Resources 943'Washington Square Mall. I Washiugton.NC27889 252-946-6481 T Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART sec"fan S. JAY ZIMMERMAN Dvecmr MEMORANDUM: To: Courtney Spears Assistant Major Permits Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Clif Whitfield, Environmental Engineer, PWSSNWaRO Date: May 5, 2016 Subject: CAMA Application Review Applicant: John Spencer Project Location: 121 South Dogwood Trail in Southern Shores, Dare County Proposed Project: Bulkhead construction REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED � Ca A" DATE 5-16-2016 �61, A-LIO GHW -WOa 9[oz 8 1 M a3nI303a State of North Carolina I Environmental Quality I Water Resources Public Water Supply Section I Washingon Regional Office 943 Washington Square Mall I Washington, North Carolina 27889 2529466481 1 Fax 2529480040 1 w ,ncwater.org/pws/ I C.-a Coastal Management ENVIRONMENTAL OUALITV May 5, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED MAY 0 9 2016 DOA STATE PROPERTY OFFICE Tim Walton, Manager State Property Office PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review John Spencer BRAXTON DAVIS Director 121 South Dogwood Trail in Southern Shores, Dare County Bulkhead construction Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16 to Courtney Spears Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. Wilms 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. I SIGNED � DATEGR r-.. . -�,� VE D MAY 16 2016 "Nothing Compares_ Stele of North Carolina I Environmental Quality I Coastal Management D C M- M H D C i -.V 1367 US Hwy 17 South I ElWbeth City, NC 27909 - 1 252-264-39011252-264-3723 ]fax] PAT MCCRORY Gvvrmvr � VAN DER VAART Secmtory BRAXTON DAVIS Dlmctor May 5, 2016 0 814 MEMORANDUM �Z t(r TO: Renee Gledhill -Early L NC Department of Cultural Resources FROM Doug Huggett, Major Permits Coordinator Division of Coastal Management° SUBJECT: CAMA Permit Application Review Applicant: John Spencer Project Location: 121 South Dogwood Trail in Southern Shores, Dare County Proposed Project: Bulkhead construction Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16 to Courtney Spears Assistant'Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330I. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED '.Kl)l _ DATE 5• ✓/'Nothing Compares,.-,.,_. State of North Carolina I Environmental Quality] Coastal Management &A&Y 1 0 2016 i ,` Z Coastal Management ENVIRONMENTAL QUALITY May 5, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RF C EOy E MAY 10 2016 D Shellfish Sanitation E'=eational Water Quality Se_: o�, PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Shannon Jenkins Marine Fisheries — Shellfish Sanitation & Recreational Water Quality Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review John Spencer 121 South Dogwood Trail in Southern Shores, Dare County Bulkhead construction Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED )32f&f'5AANNOrt) S/-)`*'(SDATE_ l l711lp REG E.IvED MAY 2 3 2016 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] K.-ra. Coastal Management ENVIRONMENTAL QUALITY May 5, 2016 PAT MCCRORY covemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director C.IL-o7-IO��( MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Maria Tripp Dunn NC Wildlife Resources Commission Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review John Spencer 121 South Dogwood Trail in Southern Shores, Dare County v ♦ c i T MAY 2016 WC ED RECEIVED JUN 10 2016 Proposed Project: Bulkhead construction DC M- M H D CITY Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE !''Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] UI ® North Carolina Wildlife Resources Commission KN Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality RECEIVED FROM: Maria T. Dunn, Coastal Coordinator JUN 10 Z016 Habitat Conservation Division DCM- MHD CITY DATE: June 6, 2016 SUBJECT: CAMA Dredge/Fill Permit Application for John Spencer, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 121 South Dogwood Trail in Southern Shores, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to bulkhead a residential lot in Southern Shores by connecting to the bulkheads on either side of the property. The 131' long vinyl bulkhead would be placed a maximum distance 16' waterward NWL. To accommodate construction, 718 flof wetlands would be filled for tie -back installation, leaving 2,657 W of wetlands behind the bulkhead and no longer connected to the canal. The water classification in this area is classified SC by the Environmental Management Commission. The canal system within Southern Shores is part of the Jean Guite Creek system and is therefore designated as a primary nursery area (PNA) by the NC Wildlife Resources Commission. The NCWRC has reviewed the permit application and believes the project should be modified from its current proposal. The application states that 718 flof wetlands would be impacted by the construction of the bulkhead and backfill, when actually the entire wetland complex would be compromised due to the change in hydrologic connectivity. Wetlands provide important habitat opportunities for aquatic resources as well as increases overall water quality. This role is especially important within a PNA system. Removal of the wetland from the surface water interface removes these benefits to the system. We understand the applicant's desire to provide shoreline stabilization, but kdieve the impact to resourcego Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 ZAI CMDF_John Spencer Pzgc 2 June 6, 2016 too great with the installation of a standard bulkhead. We recommend the design of the shoreline ,,stabilization be changed to a living shoreline or a freestanding bulkhead. Both shoreline stabilization methods minimize shoreline erosions, impacts to aquatic resources, and are practiced in the area. Due to the PNA designation, a %vary 15 — September 30 moratorium may be requested to minimize impo ff to PNA resources during the peak period of biological activity depending on the final project design and construction methodology. We appreciate the opportunity to review and comment on this permit application and look forward to additional information as the project progresses. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn'u.ncwildlife.org RECEIVED JUN 10 2016 DCM- MHD CITY PAT MCCRORY CS Govawar !; DONALD R. VAN DER VACA_RpT 1F^I e"MJ W BRAXTON DAVIS Coastal Management Dmeemr ENVIRONMENTAL QUALITY May 5, 2016 MEMORANDUM TO: Dabni Shelton / Wes Haskett, Local Permit Officers Town of Southern Shores FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: John Spencer Project Location: 121 South Dogwood Trail in Southern Shores, Dare County Proposed Project: Bulkhead construction Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16 to Courtney Spears Assistant Maior Permits Coordinator, 400 Commerce Avenue Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments wijh supporting data are requested. REPLY: I This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED V V 404DATE 'Nothing Compares -- State of North Carolina I Environmental Quality i costal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264.3723 tf=] Spears, Courtney From: Staples, Shane Sent: Tuesday, May 17, 2016 4:21 PM To: Spears, Courtney Subject: John Spencer Comments Attachments: John Spencer Comments.pdf Courtney, Here are comments for the proposed bulkhead on John Spencer's project. I was in-between "recommend changes" and "objects" on this, ended up going with recommends changes since the fill and loss of connection are the things I am having issue with not the stabilization. If Doug thinks it should be an outright object based on the comments I can go back to correct. Shane Shane F. Staples Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 948 3950 office shane.staples@ncdenr.gov 943 Washington Square Mall Washington, NC 27817 ;> Nothing Compares. µ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 'PAT MCCRORY Gavemor RECEIVED DONALD R. VAN DER VAART Secretary - MAY 18.2016 CoastalManagement BRAXTON DAVIS ENVIRONMENTAL QUALITY DCWFIshedes Drmc7or WARO May 5, 2016 MEMORANDUM TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: .John Spencer Project Location: 121 South Dogwood Trail in Southern Shores, Dare County Proposed Project: Bulkhead construction Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16;to Courtney Shears. Assistant.Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. 1*989610 This agency has no objection to the project as proposed. This agency has no comment on the proposed project./ V This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE .r// %,1/C Nothing Compares. . State of NonhcMUMI Fnshoamentol Quality I coastal 2dangernet 1367 US Hwy 17 South 1 Elizabeth City, NC 27909 252-264-39011252-264,3723 [fax] E PAT MCCRORY Uolvnmr DONALD R. VAN DER VAART CoastalManagement ENVIRONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: John Spencer DATE: 5/17/16 BRAXTON DAVIS A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that.impact fish and fish habitats. The applicant proposed to construct a bulkhead a property along a man-made canal adjacent to Jean Guite Creek. The proposed alignment would incorporate 1,048ft2 of public trust area. The construction methodology proposed would fill this area to allow for tie -back to be installed. The bulkhead and associated fill would put -off 3,375ft2.of 404 wetlands from its direct connection with the canal that leads into Jean Guite Creek. DCM fisheries does not object to the construction of a shoreline stabilization but does have concerns about the proposed fill of NCWRC designated PNA habitat. Also there are concerns that the project as proposed would cut-off the connection of 404 wetlands directly adjacent to the canal; these wetland provide important ecological functions such as trapping sediment and filtering pollutants before they enter the adjacent waterbody. It is recommended that any shoreline stabilization method used in this area use methods that reduce to the extent practicable the fill of PNA habitat and still allow for direct hydraulic connection of the 404 wetlands landward of the proposed shoreline stabilization. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.¢ov with further questions or concerns. Nothing Cornpares_mlk� Stele of North Caroline I Environrteatal QnSty I coastal Management Add=I I Addraw2 1 City, State23P 0000000000 T �7 Albemarle Bulkheads and House Pilings Post Office Box 50 Kill Devil Hills, NC 27948 (252) 256-0857 Cell (252) 715-1986 Fax DCM-EC John Spencer 121 S Dogwood Trail Southern Shores, NC 27949 410-218-0990 Whit Patterson Owner/ Operator Albemarle Bulkheads is installing a Vinyl Bulkhead and backf ill 131 linear feet. All the fill material that will be used will not be placed within the wetland area. The fill material will only be placed in the area landward of the proposed alignment to NWL located at the erosion escarpment. The fill area will be the same elevation as the adjacent areas. The mid wale with be 6"x6"xl 6'2.5 cca salt treated secured to pile with galvanized timber bolts. Sheathing will be shore guard series #225 10' in length. Maximum embedment below surface 6' with 4'to top grade. Tie back rods will be 3/4"xl 5'galvanized secured through wale set on 5' centers slushed with tar. Anchor pile will be 6"x8"x4' .60 cca salt treated set at 3' below top grade of bulkhead. Crosspieces will be 4"x6"x4' .40 cca salt treated secured to anchor piles and tie back rods. Maximum embedment 3' below top grade of bulkhead. Front and back wale will be 2"x6"xl6' .40 cca salt treated secured through front wale, sheathing and back wale. Bolts will be 5/8" galvanized timber bolts secured to mid wale and sheathing. Cap board covering top wale and vinyl sheathing will be 2" x12" .40 cca salt treated. Back fill estimated at 20 loads. All back fill will be brought to the bulkhead with a dump truck. RECEIVED MAY 0 9 Z016 DCM- MHD CITY Waterfront Solutions! ...through quality workmanship and environmentally sensitive marine construction! RECEIVED MAY 0 9 2016 DC&4- MHD CITY C5 DOM MP4 RPCPiyPd APPLICATION for Major Development Permit C-C (last revised /2127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name, Project Name ( applicable) Applicant 1: First Name MI Last Name oILAI $00r-Aoi Applicant 2: First Name A114 MI Last Name Nljri If additional applicants, please attach an additional pages) with names listed. Mailing Address ts�a� .-.h�'ji ?Il' rt3srJ2d PC Box City State I�2� AIA iAlll — V AvG. ZIP �j Cc intryC /� Phone No. ,.(! .q / FAX No. Street Address fd dlNerent from above) city State ZIP Email // N/ 2. AgentlContractor Information Business Name A/i3Fl��Jk/E= ISe�lk`h��AZ�S �te�.s :� V Agent/ Contractor t: First Name MI Last Name MAY G� Pxffitr S I Agent/ Contractor 2: First Name MI Last Name DC M- MHO Mailing Address hl; // PO Box '50 City Stale NG ZIP 2 7 y y 3 Phone No. 1 it 4 y1 /69�xL Phone No. 2 ;--aS6 O8s7exl. FAX No. y sz Yl - ii 6 9 Contractor # .14.,tip Street Address (lfdifferent fiom above) City State ZIP S< E 57C4JOLC tWtC Email P,017"E140& orb"? 0 G &Arl <Form continues on back> Y 252-800-2808 :: 1-888-4RCOAST :: www.nccOaStOlmanagament.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (pan be multiple) Street Address State Rd.# Subdivision Name City s6of-1 State Zip +, Phone No. Lot No.(s) (if many, attach additional page with list) A11114 ext. Lpl 3 At?Ive p_ I6, 5✓ a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Paa�vo�ne v'wpR!Ga�f Gk CMn lwcill y n-,P c. Is the water bogy identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural Manmade ❑Unknown e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed r_IYes ❑No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) C±t3� ��a b. Size of entire tract (sq.ft.) �z3 ZG A'T .36 c. Size of individual lots) d. Approximate elevation of tract above NHW (nonpal high water) or NWL(normal water level) hin SR,^� Cwr '�� 9NWL (if many lot sizes, please attach additional page with a list) �l �% ❑NHW or ?i �+ e. Vegetation on tract f. Man-made features and uses now on tract AA, iP L7or_.W- O+"v SHe>/Z<�' Z�✓ti¢ g. Identify and describe the existing land uses adecent to the proposed project site. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ❑NA TJYes ❑No j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ETNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes N1 E IV E National Register listed or eligible properly? C <Form continues on next page> MAY 0 9 2016 tk-(L DCM- MHD CITY 252-808-2808 .. 1-888.4111 .. www.nccoastalmanagement.net 4 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit APRASP m. (1) Are there wetlands on the site? R�Yes []No (ii) Are there coastal wetlands on the site? ❑Yes %No (III) If yes to either (i) or (if) above, has a delineation been conducted? Yes -INo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. !re 40 f. � rfe WA o. Describe existing drinking water supply source. C/Al w4T{,e. existing storm water management or treatment systems. 7Doscribe It. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government W�rivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Xe—s., 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. L/!.Ly1A. 3.,/kk4AS ✓r3 .r.4atrj'•�e ow N. yti 440-tv"4:> d. List all development activities you propose. e. Are the p osed a tivities maintenance of an existing project, new work, or both? ew f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or []Acres 3 -+so a z. J g. Will the proposed project encroach on any public easement, public accessway or other area es No EINA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ffNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No [9NA j. Is there any mitigation proposed? ❑Yes QNo ❑NA If yes, attach a mitigation proposal. RECEIVE <Form continues on back> MAY 0 9 2016 DCM- MHD CITY 282.808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnforniation 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) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel 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 We 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. NamePa ncK F. DhelpS Phone No. wrw Jbrfid`b`' Address LlS l_O r_a-�a1 l,r;,K_,A V,�, aa193 Name �tiA, (,C r, ;�rsp is j�y�;.sN Phone No. Address P.c. fSOX z13Q1 14oysliv, TX Name Phone No. Address - ;. A Lst of previous state 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. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. I I3A 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. to Enter on Land I understand that any permit Issued In response to this application will allow only the development described in the appl The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 7—S--Iy Print Name 4WA '.0, Received Signature /✓�iA" - Please indicate application attachments pertaining to your proposed project. f1t'�N -EC "jDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts �Jll�if�YY�t GG!!ss ❑DCM MP-3 Upland Development RECEIVED ❑DCM MP-4 Structures Information MAY 0 9 2016 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Received Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length _ Width Avg. Existing Depth NA NA Final Project NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. J✓®/✓L- 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 feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None (h) Describe the purpose of the excavation in these areas: ®This section not applicable b. Type of material to be excavated. d. High -ground excavation in cubic yards. A�d�AlL. 2, DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area b. Dimensions of disposal area. 4-14swAL- - c. (1) Do you claim title to disposal area? Elves []No ❑NA (ii) If no, attach a letter granting permission from the owner. Jov &' w 4-- d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? iq-'a 'ii e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes [--]No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. () yes, If es, how much water area is affected? ❑cW ❑sAV ❑SB A-�OAr-e. OWL ❑None RECEIVED (ii) Describe the purpose of disposal in these areas: MAY 0 9 2016 DCM- MHD CITY 252-808-2808 :: 7-888-4RCOAST n www_nccoastalmanagement-net revised: 72/26/06 Form DCM MP-2 (Excavation and F9111, 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.—r-hlr,' ' 131 R.A• - Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. _ r or Width: c. Average distance waterward of NHW or NWL d. Maximum distance waterward of NHW or NWL: 16' R.A,R. e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 Lv �? L.//lrfl,ra+.7 ths? Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount inform Lion. FT _ * I,u48 4}' R.A.R. 9 Number of square feet of fill to a placed below water level. 77 ulkhead backfill v�iprap — h. Type of fill material. S AY-r tj Breakwater/Sill Other i. Source of fill material. Ss� w/b NA /4WD -r4WAD 4. OTHER FILL ACTIVITIES Whis section not applicable (Excluding Shoreline Stabilization) a (i) Will fill material be brought to the site? Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or r other wetlands (WI-)? If any boxes are checked, provide the n Amount of material to be laced in the water () P �' number of square feet affected. (ill) Dimensions of fill area '� Lt :� ❑CW ❑SAV ❑SB (iv) Purpose of fill ❑WL ❑None (ii) Describe the purpose of the fill in these areas: � u i T a. How will excavated or fill material be kept on site controlled? c. (i) Will navigapyoonal aids be required as a result of the project? ❑Yes L1JNo []NA (ii) If yes, explain what type and how they will be implemented. y- Received - Date Project Name_ DMEC b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? e- CcmrA-*2AOW d. (i) Will wetlands becpossed in transporting equipment to project site? ❑Yes [9No []NA III) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 31M. �. pi✓ Y19i fC�r /l.p7r rV Applicant Name «.'^"'VED Applicant Signaat�ur/e�,. ••✓ 4J 252-808.2808 % 1-888.4RCOAST :: www.neeoastaimanaaement.net revised: 12126/06 50 0 25 50 100 Received 1 inch 50 ft. q ^'CANfjiN EXiJ�^) Da�K PG. 112 I](�A� C'f"• I f fo�oSe� "CSbyljy�ISYi,t:I 1I, EDGE OFi 0 R 14 WOOD BULKHEADReCGIVR b9 wSFM X Fferla you wetland APR 2 k LGii DCM-EC D.B. 1934, c0 PG. 469 1 NOTES O t M O I W rn s � I ph_ elps Addres121 South Dogwood Trnll j I _ Lot Area = 36,923 Sq. Ft. N 2 __. D.B. 1849, N eK 00 PG. 334 IYfLANTIC SLAMARIINS ANN FLOGZE APPROX. FLOOD ZONE HOUSE AREA "g" (0.27") J rl OS S.) 0 o RECEIVED LL I MAY 0 9 2016 s DCM- MH® CIT o C C Keceivec Received (� AC_ M C bWE C J 4o4- vie tlands x /RAJ 4 Y' Ex. wvr�n I�Pru�u�c�i F.1� Ara, Iv y� I/ USAGE 4o i-w X Si.:.kca G/�.b/d014 by kYie �3arney I Phe���S RECEIVED MAY 0 9 2016 DCM- MHD CITY CAMA Major Permit for Proposed Bulkhead John Spencer 121 S. Dogwood Trail (Lot 3 Block 114) Southern Shores Dare County Date: 3-3o -vu Sheet 2 of 3 DCM Staff Drawing (R.A.R) Approved by: Wt cy-oS5 — S e—c -"C v-N, AYti—l)o r CAMA Major Permit for Proposed Bulkhead John Spencer 121 S. Dogwood Trail (Lot 3 Block 114) m Southern Shores Dare County m Date: Sheet 3 of 3 m DCM Staff Drawin (R.A.R) a Approved by:_ Pao poems 3s 1! hn� � W 0 CD. C rn ca = o; 6 CD Q- Th Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM PAT MCCRORY (;,n,,,,... DONALD R. VAN DER VAART Src,rlurp BRAXTON DAVIS Dvrnur TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals(cDthecoastiandtimes.net RECEIVED FROM: Yvonne Carver, Administrative Assistant MAY 0 9 2016 DATE: 05/04/16 DCM- MHD CITY SUBJECT: Public Notice: John Spencer Please publish the attached Notice in the Sunday, May 8, 2016 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 05/02/16. John Spencer proposes to construct a bulkhead waterward of a USACOE delineated 404-wetland area/shoreline that will tie into adjacent bulkheads at 121 South Dogwood Trail in Southern Shores, Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 05/28/16, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. RECEIVED PLEASE PUBLISH ON: Sunday, May 8, 2016 MAY 0 9 2016 DCM- MHD C Y ! .It I PAT MCCRORY DO\ALD R. VAN DER VAART Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY May 4, 2016 Mr. Whit W. Patterson Albemarle Bulkheads P.O. Box 50 Kill Devil Hills, NC 27948 Dear Mr. Patterson: The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of John Spencer for State approval for development of his property located at 121 South Dogwood Trail in Southern Shores, Dare County. It was received complete on May 2, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 16, 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from May 2, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. RECEIVED MAY 0 9 2016 "Nothing Compares -- DCM- MHD CITY State of North Carolina I Enwo mened Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] Mr. Whit W. Patterson Albemarle Bulkheads May 4, 2016 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Ron Renaldi, Field Representative, if you have any questions and/or if you wish to receive a copy of his field report. Sincerely, Frank Jenn' gs District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC John Spencer, Applicant, Wilmington, NC RECEIVED MAY 0 9 2016 DCM- MHD CITY LAMA PERMIT APPLIED FOR PROJECT: Constructing ±131' of vinyl bulkhead. Proposed alignment will tie into the bulkheads of the adjacent properties, & average 8' waterward of NWL with a maximum distance of ±161. Excavation for tie -back installation will occur within a ±718 ft2 area of USACOE 404-wetlandsm ti v Zvi lv Ak-A..iL PT �. i I H ROUG H 05128116 APPLICANT: John Spencer 0 n 1100 Pembroke Jones DC Wilmington, NC 28405 9 410-218-0990 v 0 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Ron Renaldi, Division of Coastal Management, 1367 US Hwy 17 S., Elizabeth City, NC 27909 252-264-3901, ext. 237 Received AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION t,P • `.r ; DCM-EG Name of Property Owner Requesting Permit: v C r,\ S. i� �. 4'1(` -C V Mailing Address: A } _C VYt )v J K-x � t)v) V'Y i \`-,:-, . 1ym I Phone Number: L4 i `2 " Ur1//c C) Email Address: \ 5peU1: LY— L=' e ni SkYV 1(CP3 . C621 I certify that I have authorized Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining allC�/AMA permits necessary for the following proposed development: � I Vl� 1 t 0) A15 LU-t.t� at my property located at [21 S �)QLA,2 00 12 i 1 in Z)cm-'e . County. I furthermore certify that 1 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. aJ.,.e-✓ Title �l ate This certification is valid through RECEIVED MAY 092016 DCM- M H D CL'7-` Cs 0 EXEMPT ""CARE COUNTY NO. W1 *Re lecofding m, .lay week' -.. -._. l'biainsaamenlwas hl' W. laywhelas AtUvney at Law P.O. Boa 500 ✓} 0: 1950 P: 234 Dec Id: 6339333 ,c� mIYLlOW a a6 Po aecel Pr a 14-IM Malleo, NC 23954 w ooiii'aa�n�d.usmun. a.elm,..uoia$::me:Teo,°: xeaa Fki349S Parted Number 0722MMO (I Ifcheckd, ale PmpeaY lnciudea the Plum reaideac..tat least omofthe Gru=xs(NCGS¢m5-317l). [?e fe vaat Taxer, jj P ,, are m be paid by Ibe cfmn uw all m tba County Tm Coflecta, upon dub�mement tJ closing P' �`` C, NORTH CAROLINA 6 NERAL WARRANTX DEED OF GIFT TID.S DEED OF GIFT mode Able 131h i t January, 2014 by and betwan GRANTOR GRANTEE KARKN K. SPENCER, divorced and not JOHN W. SPENCER and wife, JESSICA remarried DEGROOTE SPENCER I North Beachwood Avenue �"0 Pembroke Joan Drive Baltimore, IND 21228 Wontngfsn, NC 29405 'Ibe daigaacm Crmaor and Grant" as used herein shall include said their helm sucoessora, and aaxigna, and shall include xingular, PIma4 maawline, feminine or na2r as roquired by cooro W ITNESSETD, that the Grantor has and by these presents does grant, give and convey unto the grantee in fee simple, all of his right, title and interest in and to all that cent"ot or parcel of land situated in and more particularly described as follows: All that property described in deed book 1566, page 296, Dari�Vounty Registry. See attached toff �- THIS IS A DEED OF GIFT 6339333 9' 1950 P: 234 P.9. I .f s if 13a Pn �iii�uflo�,tlasMal�rna�l�urcau�iv�rwitiwlti d O�-$ook 1960 Page 234-0001 RECEIVE' MAY 0 9 215 DCM- MH � Cl1 G T AVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances t belonging to the Grantee in fee simple. And therrantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to coWy the same in fee simple, that the title is marketable and free and clear of all encumbrances, and that G15ktor will warrant and defend the title against the lawful claims of all persons whomsoever except for 46xceptions hereinafter stated. Title to the pmkrty hereinabove described is subject to the following exceptions: I Ea ents and restrictions of record; and 2. Prie cumbrances and liens against title, if arty. the Grantors have hereunto set theta hands end seals the day and year STATE OF RzAa'4 c-, COUNTY/CITY OF 1, a notary public of the aforesaid state ftounry, do certify that KAREN K. SPENCER, divorced and not remarried, Grantor, personally appeaTeglaellwe me this day end acknogledged the execution of the foregoing instrument. Witness my hand �jffrcial stomp or seal, thislf day of J"uuG� , 2014, MY COMMISSION EXPIRES; II I al, 1)04 s (Notary Seat) (I 1*5 0 r%%1�1 m1111NP.+hYlNrVEC44M1'W')AWI1AIP1911K1061INI apt 1 d 0?*ook 1950 Page 234-0002 RECEIVED MAY 0 9 2016 DCM- MHD CITY .aa4aasOttO, aa[gi T K �o, l pi \ NORTH CAROLBO DARE CO sons " Land Trawler Lends uts£er Pee(ISig Excise Tax (.1%): 8 Passel 8: 022286000 froerd lw Reum to.. M. Publ�i,on, fib No: 10906 NORTH CAROLINA GENMR I DXED This DEED is made on this the 11 North 11 MD 21226 The designation of assigns and shall include used herein shall i4uio said patties, their halm, successor and . masculine. feminine ter a wMired by eonna hereby WfCNESSE that . for valuabla comiderti44 id by the Gmatee, the tempt Of which is sits k, all that I ond �e presents does gnat, bargain, sell and convey unto the (hameo in fee P of led situated is Atlantic Towwbip, Data Coumy North Cnollns and be8 mom oul�a lye 'bed As follows: G at a "Berm moom mut lying in the Western bu � right of way of Dogwood C of6tgimdag Iyiog iu the Northeast corms of Lot 4, 114. Son&= Shores. ] 14, and being \ comer of the lot show° a Lot 3, on that calms �ed "Plat of Lot 3, Block \ \ Shows: prepaal by F, Richard Whit, Rcgistered Survey 18 Navemba, t977, \� haeto; to MU them ftum the ptdm ofbegis" Sank 84- Wa1 a ftsoce of 7i:64'feet to a coocrtte monument lying in the Nash bormtlaty of Lot 4, o£B 114, Soulhao Shorts, 8339 3 a: 1254 P: 234 Paau 3 of 5 1122/14 1 : M Pr millru�lrerW,yru�xi Frac+f4wrY�1r�Y111kYk�11111 1960 Page 2344 003 RECEIVEw MAY 0 9 2016 rA I������eaYYYaa at�Simla Haa1 N.1i k auutgalongthesame as settadis the prexdhtg call a distance of 256.84 fret m a ooncrepc ying ontheshoeofacertainlagoon whiehjoins the wataa of Jan G.Hetmena namingNorth 17' 54'48" F, eet a dWat, of 130.07 feettlne f the etnceseid conerete monument tying iv toe Southwa�m corer of I.a 2 of Block 114. ce running and naming North 84444' 6" Ear a dimaee of 25g.63 ying in the Smem boundary of Lot 2 of Block 114, south-= chorea. 5%112! co Western m as staled m the preceding all a distance of 58 feat to a the the acg{n or right of way of Dogwood Troll; theme , "ten8 p!{,af�= margin o tight of way of Da 3� wear, monumem I the western ofw way a wood T of sxt a conctele min Or right tight of way of Dogwood poi wet al we. - m comb to23' paint or plea of er&e o tngln of way cdD,pgwtppg a fee to the same being particululy described ea Registered Lund Stw dated l8 November. 19 Shores", which plat is agach di hereto and mtcerpoi ON, oil and mineral Went hdR c Title to the &2— pap .Darer P.dat..... TO HAVE AND TO HOLID the Cgeg thereto belonging to the Grantee in fa aimoh\. Gtanforcoveoeea to convey the same in fee Grarate will warrant and t ezceptiom hervinaf a sty Block -114, Sandman t inefrtencut by the Granter by inahtrmeM reeorded in Beek of land and All privileges and appomnaoas is Wined of the premises in fee simplq has the tight i five and clear of all eacumbtantte, and that claift of all pMaona whomaoevaf, subject to the 1. Ad valorem d� 2. Raaiclive t�4j w emtndmean tlsereto, oP tenant In the 4161 dPubllu 3. Bascma fol 4; Any Of federal laws, ordinances, Or regulatioa relating [a aabdmdoo, oceupeaY, tat, cvmtEwdon, or eft v*sct Property' 7 O 6 9333 a. 19W P. 234 Page 4 of 5 11M/14 t,k Pn �iiitu��rorw ti "Pook 1950 Page 234-0004 1. RECEIVED MAY 0 9 2016 DCM- MHD CITY I, s r �o $:ZU WERMF the said Qmaw hu hereunto net ills hand and SW on the d W Wad We ye• 0101, STATE OF y. that ]ohn W S&nd wife due execution of the fittegoing Wit um my hand and official,40,.4 mycammiiainn expima: _1 e ftfb , do hereby cptify d" day and admowiv*d the O 0 (Voo91900 Page 2U-0009 RGC.i' MAY p. Dcm- 9 r RECEIVED MAY 0 9 2016 DCM- MHD CITY It ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mark q Anim fy(vitu P o sox 4391 H ou Sion TV "1'11 10 A. Si atur6� .; dt8ssee B. Received by (Printed Name) T, C. Date of Delivery 4'n'n A D. Is delivery address different f m em 1? ❑ Yes If YES, enter delivery addre below: ❑ No 3. Service Type Certified Mail® ❑ priority Mail Express'" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ Collect on Delivery 4. Restricted Delivery? fate Fee) ❑ Yes 2. Article Number (rmnsfer from serwce labeq 7015 1730 0001 3045 9701 IS Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. ]so complete item 4 if Restricted Delivery, s desired.' ■ Print your name and addreon the reverse so that we can return the c d to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. I. Article Addressed to: Pafn(ck Phelps 4510 Edsall Dr, Woodbrld1f, VA 221e13 B. Race' y (P hied Name) C. to f Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: `EiNo 3. Service Type iQ Certified Mail® ❑ priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Fxtra Fee) ❑ Yes . Article Number (Transfer from service la 7015 1730 0001 3045 9695 S Form 3811, July 2013 Domestic Return Receipt Received RECEIVED mg 0 9 2016 ( DCW MHU CITY r-DATE: 21 I q+ Ito NAME: RJr,LK F. i�1 eIPS ®��•� ADDRESS: "ts to E Is�,11 Z7 Fill Domestic Mail Only For delivery in formali, r C3pt(,Wwjy) $ i4.411 O ❑aetum Rxnvtlelxlmnm) C3 ❑Cedl$ad MallflatActetl pelirery $ O ❑Aduk El$nptu.R1Wed $ ♦p CITY: L� oo d� ST \ i A ZIP A A t 9 3 c �,..... _ .._ _ - — m RE: 60,4�nC C 1 a)O LY s-d @ to o Ln To Whom It May Concern: o r` This correspondence is to notify you as a riparian property owner that So k Ui I a CAMA Major permit to CLrs} r., �t G on property located $0.71 M 07 Postmark Here 02/24/2016 which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: VV ll� as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments or objections regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management. hesitate to contact me Sincerely, have questions about the project, please do not N(. biv:au t COa)tcl �.w5Ae )36"+ o.S. 1i-5o0tk ��yy, r-141.S ;�y,Nc a�5o5 wI IlG1Ylr1��1►12YS0✓1 Car' a6y-3ricl I have no objection to the project as described. I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. Print Name Signature of Adjacent Property Owner Mailing Address I do not wish to waive the 15' setback requirement. DECEIVED Date MAY 0 9 2016 Phone NMM- MHD CITY A Renaldi, Ronald From: Anita Frena <anitafrena@yahoo.com> Sent: Thursday, April 21, 2016 10:32 AM To: Renaldi, Ronald Subject: CAMA Major Permit -Spencer Bulkhead Hello Ronald, We just received a copy of the aforementioned application for a bulkhead at 121 S. Dogwood Trail. We live next door at 119 S. Dogwood Trail. We were to respond in 30 days, but did not receive the letter until the 30 days had passed. This is because we are actually in the UK at the moment. We have absolutely NO objection to this project. Currently, the lack of a bulkhead at this property is causing erosion BEHIND our own bulkhead. I believe that the other property that borders this one is experiencing the same problem. Do we need to return this letter, or is lack of response sufficient. Regards, Mark and Anita Frena 119 S. Dogwood Trail RECEIVED MAY 0 9 2016 DCM- MHD kCATY 1 DATE: Received 0 r` rr NAME: I`1arIC DG -EG ADDRESS: P.O. Rox 4I$1 Ln 7 0 m r9 0 0 0 CITY: H o,_�Nin.^ ST T K ZIP '9-1.% 10 0 m RE: � Ln To Whom It May Concern: o rr This correspondence is to notify you as a riparian property owner that Sot {l a CAMA Major permit to 'IRL $3.45 f1449 07 ❑Realm R:ecNc Pt (M1e,dcooY) $ aV.t.V ❑Realm RPt lelectronkl $ sr Postmark ❑ COMM Mall ROIHdod Oellary $ c�nn Here ❑ Adult signature Required $_$0.00.-_ E]Adug SignatureResM0od N1w" $ Postage $0.71 Total Postage a al F 02/24/2016 s .96 $erNpVlc 4Avtifq FV6K0. $irestpandApp(,'lJo., ar PD Box Na. - - ........ ....... ...... ...--- ............... ciq--;'s-tsQ;-i�°---`-4-38j-----------...... -........... ----._----------------- HODU PI Tic -112-t0 on property located at 12 1 5 J Q9 T j. I—e, 51-v:)(cs cz)4ee_ .? l which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: ✓' Will(Am if SoV1 as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments or objections regarding this project. If you have objections or comments, please mark the a ro ri statement below and send your correspondence to the INC Division of Coastal Management. (Contact in oration for DCM offices is available at www.nccoastalmangeme t.neycontact_dcm.htm or by calling. 1-888-4RCOAST. If you have questions about the project, please do not hesitate to contact me a 2-5a 15V' 06— MW NL l�;v�)1 �.r o'�'4xS'Fat l�xc nc�nu.r.l Sincerely, VVi I I i am pcf ilersoYt Case a64-39ct Womm I have no objection to the project as described. I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. Print Name Signature of Adjacent Property Uwne1 Mailing Address I do not wish to waive the 15' setback requirement. Date FpECEIVED MAY 0 9 2016 Phone Number DCM- MHD CITY MAJOR PERMIT FEE MATRIX Applicant: 3oi v. SelectionPitolvethe nt Type Fee DCM % DWa % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) ommercial at does not $250 100% ($250) 0% ($0) g or excavation of any wetlands water areas: or commercial Ej ent that does not $400 100%($400) 0%($0) he filling or T n of any wetlands ater areas: velopment that involves the filling and/or excavation of up to 1 acre of wetlands and/or open eas, determine if A, D below applies: rivate, non- cial development, if M�CerMfi'ficatjon $250 100% ($250) 0% ($0) Water Quality tion No. 3490 (See can be a lied: blic or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff RECEIVE determined that additional review and written DWQ MAY 0 9 2016 concurrence is needed because of concerns related to water quality or DCM- MHD CI aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that El involves the fillip and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: r H NC Division of Coastal Management 1352 �n B C D W U Cashier's Official Receipt > 0 0 N W Date: 2 20 V r LLJ ic Received From: 11 ..�� Permit No.: m �'� or 4A IV c..o„41 c 1% Check No.: / 2 �e (, SO sn ct� County: Applicant's Name: qq 77 Project Address: o y a a d '�rc�, I So k�� S Gw rtil Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: � V`d�y ,.met, Date: Z2 P I(O Signature of Field Representative: — A"v'""'� s n�� ��" Date: yZ/l / "'This is a word processing form to be completed in Microsoft Word"" t y NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant: John Spencer Date., 51412016 Project Site County: Dare Staff. Ron Renaldi District: ZElizabeth City Washington ❑Morehead City ❑Wilmington Project Name: Spencer Bulkhead Rover File: Date of initial application submittal (EX. 1/6/2007): 312412016 Date application "received as complete" in the Field office (EX: 142007): 5/2/2016 Permit Authorization: SCAMA Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ®Yes ❑No Photos Taken: Yes® No[] Setback Required (riparian): Yes ID No Critical Habitat: El Yes No ❑Not Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned. ❑Yes ®No SAV.. Yes ❑No ❑Not Sure Shell Bottom: Yes Milo ❑Not Temporary Impacts: ®Yes DNo Sure Sandbags: El Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP:®Yes ❑No ❑Yes ❑No Moratorium Conditions. ❑Yes ®No Environmental Assessment Done: []NA []Yes []No ®NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) WETLANDS IMPACTED ® (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (S$) Glasswort (Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgress (Spartina El (SY) Salt reed grass (Spartina altemifiora) cynosuroides) (DS) San or spike grass (Distichlis 0 (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typ¢yit spicata) sp.) R C C E I V E (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina MAY U 9 2016 roemenanus) patens) APPLICATION FEE 111 kki li ❑ No fee required - $0.00 ❑ III(A) Private w/D&F up to 1 acre; ® 111(D) Priv. p 3490 can be applied - $250 acre; 3490 cant be applied - $400 Minor Modification to a CAMA Major C1 Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 111(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - C1 If. Public or commerciaUno dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 III(C) Prtv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs D WO agreement - $400 252-808-2608 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: John Spencer Date: 51412016 Describe below the ACTIVITIES that have been applied for. Ali values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Bulkhead (Not 1 New Work ® Replace 131 1 3 NW L vinyl) Maint ❑ ❑ Y ON 8 Fill (Shoreline New Work 0 Replace 38.8 Stabil. Below Maint ❑ ❑ Y ON H2O level) New Work 0 Replace Maint ❑ ❑ Y ON New Work 0 Replace Maint❑ ®Y❑N New Work 0 Replace Maint [I ❑Y0N New Work 0 Replace Maint ❑ ❑ Y ® N New Work 0 Replace Maint❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New Work El Replace Maint❑ ❑Y❑N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace M- M D CITY Maint ❑ ❑ Y ❑ N revised Nov. 2012 A NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) //ee � vJ Applicant: John Spencer Date: 51412016 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impactamounQ TOTAL Feet (Applied for. Disturbance total includes anyanticipated restoration or tam im cts FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount SB Dredge ❑ Fill ® Both ❑ Other ❑ —tempimpacts 1048 1048 SH Dredge ❑ Fill ® Both ❑ Other ❑ 131 131 W L Dredge ❑ Fill ❑ Both ❑ Other N 3375 3375 Dredge ❑ Fill ® Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAY 0 9 2016 DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: Nov. 2012 r r. �kfv: 1� t IMF Y + dy. Y m � i 3'1 e za :pa m f �U : i s, pA I i n"p71 '9 5 ki i %e �-'.-0"� t p 6t F ''t ,gin ..4& �,f' to • . ZM F t� ' {4 am m a5y.. fr: i tt. r s w.r 41 � 3A 4, r' x t r� s I RECEIVED MAY 092016 DCM- MHD CITY r] r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Spencer 2. LOCATION OF PROJECT SITE: 121 South Dogwood Trail, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. Photo Index — 2006: 85-7226 (G 7) 2000: 185-2096 (G 7) 1995:186-1964 (P 11) 1989: 146-8 (R 15) 1984: 136-487 (G 18) 1978: 93-411 (S 5) State Plane Coordinates - X: 2962137 Y: 877670 Lat/Long: 36.11807000N,-75.7419810°W Quadrangle: Kitty Hawk, NC (U.L.) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/3/2016 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 5/2/2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Southern Shores Land Classification from LUP - The canals are classified as Conservation I (B) Areas of Environmental Concern (AEC) Involved: Public Trust Area (PTA) and Public Trust Shoreline (PTS) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - Septic Planned — N/A (F) Type of Structures: Existing - Single-family dwelling, Dock Planned - Bulkhead RECEIVED (G) Estimated Annual Rate of Erosion: 2 ft/yr Source - Applicant MAY 16 2016 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DCM- MHD CITY FILLED DISTURBED (A) Shallow Bottom PTA, EW AEC's ±1,048 ft2 (B) Public Trust Shoreline AEC ±3,930 ft2 (C) 404-wetlands (within Public Trust Shoreline AEC) ±3,375 ft2 (D) Total Area Disturbed: ±4,978 ft2 (0.11 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open to Shellfishing: No r John Spencer Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead waterward of a USACE delineated 404-wetland area/shoreline that ties into adjacent bulkheads. Project Settina The site of the proposed development is located at 121 South Dogwood Trail, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. The property is ±36,923 ft2 in size and has an elevation that ranges from Vat the shoreline to 7+' above normal water level (NWL) in the highground area. Man-made features within the highground area include a single-family dwelling and driveway. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of Fripp fine sand (FrD) in the higher elevation areas and Psamments (PsB) in the near shore area. The highground area is vegetated with lawn grass, various deciduous trees and ornamental bushes. Based on available information, there does not appear to be any archaeological sites on or adjacent to this property. The shoreline is ±131' in length with a t1' erosion escarpment located at NWL. A t3,375 ft2 area immediately adjacent to the shoreline was delineated as 404-wetlands. Vegetation growing within the shoreline area includes 404-wetland plant species, several pines and wax myrtles as well as an area of lawn grasses. An existing 32'x6' dock that is non -accessible is located t11' to 16' waterward of NWL. In reviewing aerial photography, at the time of dock construction the shoreline was adjacent to its location. The waters of Jean Guite Creek and associated canal systems are classified as SC by the Environmental Management Commission, are not open to shellfish taking and have been designated as an Inland Primary Nursery Area (PNA) by the NC Wildlife Resources Commission. Water depths within the project site range from 0.5' to 2' below NWL with an average depth of 1'. The bottom substrate within the project area is made up of fine sands and detritus and is predominantly vegetated with Milfoil; however, a t50'x2' band of widgeon grass is growing between the bulkhead return wall of the adjacent property to the south and the northern end of the existing dock. Both adjacent riparian properties are residential in nature, have been bulkheaded and have docks. The nearshore land elevation on these properties is similar to the "M"Caon. Development Proposal MAY 16 Z016 In order to prevent further erosion to the site, the applicant proposes to stabizIN pf by constructing t131' of vinyl bulkhead. The proposed alignment will t�I�ak 11 eadds of the adjacent properties so that it will be one continuous bulkhead. The proposed bulkhead alignment will average 8' waterward of NWL with a maximum distance of t16'. Excavation for tie -back installation will occur within a ±718 ft2 area of USACE 404-wetlands. Upon completion of tie -back installation, the area will be returned back to the existing elevation. Clean sand fill material will be placed landward of the proposed bulkhead up to the erosion escarpment matching the existing grade. No fill material is proposed to be placed within the USACE 404- wetland area. John Spencer Field Investigation Report Page 3 Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±1,048 ft2 of the Public Trust Area AEC with clean fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the placement of ±38.8 cubic yards of fill material below NWL. • Bulkhead tie -back installation will result in the excavation and disturbance of ±718 ft2 of USACE 404-wetlands. • It is anticipated that the remaining ±2,657 ft2 of USACE 404-wetlands will have some degree of disturbance associated with bulkhead construction and backfilling. • Bulkhead installation, backfill and grading will result in ±3,930 ft2 of land disturbance within the Public Trust Shoreline AEC. Submitted by: Ron Renaldi Date: May 4, 2016 RECEIVED MAY 16 Z016 DCM- MHD CITY Albemarle Bulkheads and House Pilings Post Office Box 50 Kill Devil Hills, NC 27948 (252) 256-0857 Cell (252)715-1986 Fax John Spencer 121 S Dogwood Trail Southern Shores, NC 27949 410-218-0990 Received &IHY � - 7q :I DCM-RC Whit Patterson Owner/ Operator Albemarle Bulkheads is installing a Vinyl Bulkhead and backf ill 131 linear feet. All the fill material that will be used will not be placed within the wetland area. The fill material will only be placed in the area landward of the proposed alignment to NWL located at the erosion escarpment. The fill area will be the same elevation as the adjacent areas. The mid wale with be 6"x6"x16' 2.5 cca salt treated secured to pile with galvanized timber bolts. Sheathing will be shore guard series #225 10' in length. Maximum embedment below surface 6' with 4' to top grade. Tie back rods will be 3/4"x15' galvanized secured through wale set on 5' centers slushed with tar. Anchor pile will be 6"x8"x4' .60 cca salt treated set at 3' below top grade of bulkhead. Crosspieces will be 4"x6"x4' .40 cca salt treated secured to anchor piles and tie back rods. Maximum embedment 3' below top grade of bulkhead. Front and back wale will be 2"x6"x16' .40 cca salt treated secured through front wale, sheathing and back wale. Bolts will be 5/8" galvanized timber bolts secured to mid wale and sheathing. Cap board covering top wale and vinyl sheathing will be 2"x12" .40 cca salt treated. Back fill estimated at 20 loads. All back fill will be brought to the bulkhead with a dump truck. RECEIVED MAY 16 2016 pCM_ MHp CITY Waterfront Solutions! ...through quality workmanship and environmentally sensitive marine construction! IN Mr-1 Rpceivpej APPLICATION for Major Development Permit DCM-EC (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State l/Oc`I e.rr�;�KF,tao�iis l711� A0,_ M141M^14inv✓ ABC. . ZIP Country Phone No. FAX No. _ Street Address (if different from above) City State ZIP II Email A100 2. Agent/ContractorInformation Business Name , 1,64EMAR-I177 ask sky a �s Agent/ Contractor 1: First Name MI w Last Name Ppff,!�?s a w Agent/ Contractor 2: First Name MI Last Name Mailing Address I V h-:: // .0EI//1 fV///s PO Box S 0 City State /V C- ZIP Z?yy 8S Phone No. 1 %Ll)'" �6�xt. Phone No. 2 y, o�%ext. FAX No. 2�5L zeyl-if69 Contractor # santi€ Street Address (ifdifferent from above) City State ZIP 5.t^C 5etntit= sgot&; Email cd/417ensoni ofS-7 0 6 IXArl _ co n( <Form continues on back> REL;t1VMU MAY 16 Z016 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanadlevlRhJoMHD Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. ,Project Location County (can be multiple) Street Address State Rd. # v��r ar s Aes"i Subdivision Name City SQ. 0 '^ S60ftS State �W4 Zip Sv" bi*.�AOV sfNeAZ-s � q-23 Phone No. Lot No.(s) (if many, attach additional page with list) W1.4 ext. '407+ ? a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project PaarLvoi * �K JwAA(c.rri Gizt a ie n-.P%A' . G. Is the watery identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural Manmade ❑Unknown ��L.y /e./yrt-/a•�,/Z �cwb " e. Iswork within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed .proposed CIYes []NO work falls within. 5Byvt rx Si/L t`< 4. Site Description a. Total length of shoreline on the tract (8.) C±t3i b. Size of entire tract (sq.ft.) f23 Z6 �r to Z?VCAZs Q�i� 3� c. Size of individual lot(s) d. Approximate elevation of tract above NHW (nonpal high water) or NWL(norma/water level) /l.ad'11rn '�jp'_IL '�� 91NWL/` (If many lot sizes, please attach additional page with a list) f% ❑NHW or F+WL -aj e. Vegetation on tract f. Man-made features and uses now on tract - ,4so,. sE •o•� �oL o-v S/ 4 A4 L.ve, g. Identify and describe the existing land uses adiacent to the proposed project site. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Afton zoning compliance certificate, if applicable) 1 []No ❑NA T�Yes j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ETNo ❑NA National Register listed or eligible property? <Form continues on next page> ntCEIVED MAY 16 2016 f'"t 252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagemen .n CITY Form DCM MP-1 (Page 3 of 4) Received APPLICATION for nrnsr Major Development Permit m. (i) Are there wetlands on the site? 04es [:]No (ii) Are there coastal wetlands on the site? Ayes P(No (III) If yes to either (i) or (ii) above, has a delineation been conducted? OYes _JNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. 5'. 's fa, a riet'Vle- o. Describe existing drinking water supply source. - p. Describe existing stone water management or treatment systems. N or✓t-- '5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government 50rivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. us, of .,✓f� c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where 8 is to be stored. ✓.I<? • /c v�ti ti /+- v"uy � shw cri � " ,'7A 4/J0&V"4C> d. List all development activities you propose. LN,C"-A/l v Nt/ Ac /in e. Are th adc tivities maintenance of an existing project, new work, or both? Mew f. What is the approximate total disturbed land area resulting from the proposed project? jnSq.Ft or ❑Acres 3 -+s-o a z. g. Will the proposed project encroach on any public easement, public accessway or other area JrYss No ONA that the public has established use oft h. Describe location and type of existing and proposed discharges to waters of the stale. NoH� I. Will wastewater or stormwater be discharged into a wetland? ❑Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No @INA j. Is there any mitigation proposed? ❑Yes QNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> MAY 16 2016 D rM- MHD CITY 252.808-2808 .. 1-888-4RCOAST .. www.nccoastatmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application $package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. NameP- �r.cK F. phclgS wrio Jbr,yr��c- Phone No. Addressl.jSjo Namr. PhoneNo - Address P.G.f3uY. 431 �1 4o `Name Phone No. Address y g. A list of previous state 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. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued In response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 7- J-- Print Name di .t Tor�crA) Received Signature el ,Y4" _ Please indicate application attachments pertaining to your proposed project. D "i MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts E D ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information MAY 16 2016 DCM- MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net Received Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing - Depth NA NA Final Project Depth NA NA 1. EXCAVATION This section not applicable a_ Amount of material to be excavated from below NHW or NWL in b_ Type of material to be excavated. cubic yards. ©NLyv .O sY��L c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), �ONL or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of the excavation in these areas: 2. D►SPOSAL OF EXCAVATED MATERIAL E This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? []Yes []No ❑NA (if) If no, attach a letter granting permission from the owner. /tom p Xr 4, d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (u) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None (ii) Describe the purpose of disposal in these areas: " a Y--0— (1) Does the disposal include any area in the water? ❑Yes []No ❑NA (it) If yes, how much water area is affected? A-/Omi RECEIVED MAY 16 2016 DC5A-MHD U i Y 252.808.2808 :: 1.888.411 a: www.nccoastalmanagement.net revised: 12/26106 Form DCM MP-2 (Excavation and Fill, 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. Lengthy y'G- C 131 R. ri • !.. Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: $ ' R.A.R. e. Type of stabilization material: Lire As' /3X'111*d42 * I,O4% f+' R.A.R. g. Number of square feet of fill tole placed below water level. ulkhead backfil�iprap Breakwater/Sill_ Other_ 1. Source of fill material. s-- v. o WV sago p,-109 Width: d. Maximum distance waterward of NHW or NWL: 16 R A. R. f. (i) Has there been shoreline erosion during preceding 12 7ths? es [:]No ❑NA (ii) If yes, state amount of erosion and source of erosion amount info lion. `4 r"T h. Type of fill material. S AP-6 4. OTHER FILL ACTIVITIES LKhis section not applicable (Excluding Shoreline Stabilization) a (i) Will fill material be brought to the site? Wyles []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes,�_ __,��• (ii) Amount of material to be placed in the waterer m Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? 5;IN.vb✓ -51/f-Ike .,/e%N_ submerged aquatic vegetation (bAv), snen Donom tbu), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (it) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? M H D CITY DCM- c. (i) WIII navigajj+roonal aids be required as a result of the project? d. ❑Yes QNo ❑NA (it) If yes, explain what type and how they will be implemented. Recel dd Date _ Project Name DCM-EC (i) Will wetlands be__cp�ssed in transporting equipment to project site? []Yes No ❑NA (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. .$�a7, ar✓ rfli�tfj_L�y2.pr•Nn Name GLJrr°�' J�'xtnflZSvn� Applicant Signature 252-808.2808 :: 1.888.411tCOAST :: www.nccoastalntanagement.net revised: 12/26/06 0 1; NO. W ley wbck. (,1 Atbxoey at law /� P.O. Box 500 ' l 91 14111511 ►, 234 One Id: Ba�335 hWlneo,NC 17954 oro L11oFepM T Mwia1 • t File 13495 Vanrolla IIM4errF8gttn, Mvixlvr oFnp�v„gpr T. Palul Number 022214M O /C If<hechal,the04 Mm mh,Pa 1kpriamyrreideeccofat leasse ofthe G=C0( W¢105-JeT2), iFltngae:a Taut :jany, are w hr quid ay tke clnring attorney m dw Caanry Tat CoUexmr pnn disbPnemenr nJ clastng P -0' G� NORTH CAROLINA &ENERAL WARRANTY DEED OF GIFT THIS DEVA OF GOT nude this I3th d6j�fJaatuy, 2014 by and bet u GRANTOR 1J' I GRANTEE EAREN K. SPENCER, divorced and not 'V� I JOHN W. SPENCER and wife, JESSICA remarried DEGROOTR SPENCER 1 I North Beechwood Avenue I�(40 Pembroke Jones Drive I Baltimore, MD 21228 vv�tou, NC 2905 lbe dmileatim Cs t., and Camtee u used herem ifolhmludcuidd their heir, ucormote, 4mi u,ips, and shill -I,-& singular, Pbaal, maxvline, feminine m oc nw as manned by cwte W ITNESSETH, that the Grantor has end by these presents does punt, give and convey unto the grant= in fee simple, all of bis right, title and interest in and to all that cortal'rrPjor or parcel of land situated in and more particularly described as follows: All that property described in deed book 1566, page 296, D �bunty Registry. See attached COPY. \, THIS IS A DEED OF GIFT 4339333 a: 19H P: 334 Pg9a t of 9 1/ 4 1.3a M 21111MV7169Mh 011IIWIIW11AMM 41":1 d (/-.Book 1950 Page 234-0001 RECEIVE MAY 16 2016 pcm_ MIH ':''+ `� tT(�(fAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances t belonging to the Grantee in fee simple. And 4-tor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to coWy the same in fee simple, that the title is marketable and free and clear of all encumbrances, and that 0(1= will warrant and defend the title against the lawful claims of all persons whomsoever except for tll�ceptions hereinafter stated. Tide to the prolTerty hereinabove described is subject to the following exceptions: I. nts and restrictions of record; and 2. PrioTe5wumbrances and liens against title, if any. IN WITNESS4VAREOF the Grantors have horeunto set their hands and seals the day and year STATE OF (- COUNTY/CITY OF 1, a notary public of the aforesaid state `Ala cot not remarried, Grantor. personally aP bt foregoing instrument. Witness my band k MY COMMISSION EXPIRES: `ool00011 Gv of S -�y od; (Notary Seal) _a do artily that KAREN K. SPENCER, divorced and me this day and acknow1 ciged the execution of the J stamporseal, thisif dayof Jdt:o,_, 2014. 1 cT O y1(% a339313 B 199a V r3I p.9e a of a 1122114 1'28 M )' Mill NF AVIA-Mi M.Ill,YILWILAA)P11Kli}61111 cps d 0N30ok IM Page n44M RECEIVED MAY 16 2016 DCM- MHD CITY fus ae.e; G ��88M1� ry . Adtl i 4" ri i1winY tat m, arc Air Q uI l 1 \L NORTH CAROLft DARE CO�d 'rosterCN) Land Tram,IY.):Parcel a: 012 ium o,Prtonrtd by an,.., mM.906Ci ... NORTH CA&OLINA GENERADEED Thin DEED is made on this the GRANTOR: John W. Spe 11 North Ba GRANTS& KAM y,,8p 11 N V \ v l Thetion of teed herein shau i aaigm ru and d dull include y�� "°'d Partlas. their bdn, succe3eon and mLW Wine, hmiaiac xtw Y required bi• centen w1TNEssETki that ,for wuable wmfae,ettadptud by the hereby >K >md Grema, the moeipt of which is simple, I that 1 these Pau does fit' 14 s11 °pd covey unto the t3tanteo im fee bd% more " of Inhip, d attutod n Atlawic TownsDare County North CaroEma and bod u fbilom: G at a conetxte monument lying in the Westean'ma>i dgbt of way otDogwood of txgnming tying in the Northeut comer of Lot 4, o r k i (4. SoutEem 3hoces. and \ 1114, Sanhmat comer of the lot shown as Lot 3, on that certain put ed °Plu of Lot 3, Block - hores: prelatcd by F. Richard QWbk, R9gistaed survey 18 November, 2977, hereto; running tbcncc fivm the Ism of begimug South 94° 3 -f wen a distance of T5:64Ycet to a concrete mOeumem IY+ag in the North boundary of Lot 0. of B t 14, SvuQxm Skotes, 833 33 err 195e P' a34 Pa9a 3 of 5 1/99/l4 1'U Pt1 - miii�u�lrerWtir ai�a�rar+l4NlrrhlrlYlflJkYkJ1Uu _6 1900 Poo 2340003 RECEIVED MAY 16 2016 DCM- MHD CITY rn VsININI a NINIV y19:4t N 1rY k nuing along the same u atatcd in the precWhrg call a distance of 256.94 fast to a a,r,,W yingootheshore of a astain lagoon which jointhe waters of Sariute thence nvming North lT 54' 4g" Past a dlr4ocof 130.07feet alogf the a�resaid concrete monument lying in the SotrOweatern of Lot 2 of Block 114, ce turning end mmaiog North 94° 44' 6" Bet a dtateoceof253.63f�eem yngntheSunk boundaryof Lot 2 of Block 114, Southern Shores- Werwrin ea 1WW in the pmtsding call a dishace of 56 feet to a the the along mmg�n Or right of way of Dogwood Trail; thence coming end 3, 3, W n6 q^ m margin or right of wry of Dogwood Trail a distance of &et a concrete ' monumem l ' the Weatem margin of right of way of Dogwood 56" We al Western m South 10' 23' point or plsoeof'n ordof way ofDogwoodT • fast to the Registered Land S r dated 8 described 1 B November, Shores", which plat is attached hereto and Inver ON, ail and miner; righter are not hem, Title to the ki Dane C.bed were TO HAVE AND TO HOL thereto belonging to the Omwm in QMMOT covmema to and with to cvmrey the same in fee Grantor will warrant and de� exceptions herainal.ct rtata{x "Platbfti,ot��P.� 11Sots, p� 3, Black -114, Southern u a of this iaenummt ,he &=Wr by intrument recorded in Bak of land and All privileges and appurtenances ds Seized of the prt®iaw in fen Simple, lux the right tree and dear of all anoumbrancea, end that chimer of all pgaona w'homa0evel', subject to the 1. Ad, It t' 1, 04 sad subasqu years, 2_ aforesaid P emcndmeats thereto. �(prq. of record in the 3. EmcmeMaofi� 4. Any holnity, iv4re, or federal laws, ordinances, Orregulauom routing m subdivision, oeeupaoey, use, comhtmtloq or (J of-tlrt subject property. 0 `\\ G 9333 alaser P' 234 Faae 4 9f a t/n/14 1:3a Ta millm4NYT@ TOUNHWINati}PMM11Wu} 0 Book 1950 Page 234-0004 RECENED MAY 16 Z016 DCM_ MHD CITY Ilk 130102 III NINI,Ia�a�lI�11Iat a �aEaffolo &V�;r'PNM W MMF the acid Grantor has hereunto set his hand and seal on the day and the yea Pint above 1yfltian. O 0 n STATE OF COUNTY OP that lobo W�.� a NoWy pincer and "'.�SPeaar P due eaaudon of the forcyoma . Witnw my hand sod official sta�Rai my „ expires. .r, The aa'rntl9eAV onthe tltapslQ �(, State aforeeaid, do hereby °erfy = this day and a JMMcdged the Q(Mq, 2004 0 633e B. 1550 P. 234 Psge 5 of 5 1122/14 1aa mill ��ro rw 4h4t tYIWJYKVhMITIWil b 1111100 Asa Cafmty, 6 0 ('Book t9W Page 234-0005 RECEINIE- r MAY 16 2016 DCM— N'aH[,� L ," 50 0 25 50 1 inch = 50 ft. M.B. 3, PG. 112 �r w EDGE ,F WA R V;.6-pia-14• 3p. o obta QQWX 41v1,nyw,n� �q Received Freriax _ 404 wetl4nd APR 2 ° Y(lii ` 4 ( l ru- DCM-EC D.H. 1934, �p PG. 469 6; J]EITEtt c) I W Address: 121 South Dogwood Trait Lot Area = 36, 923 Sq. Ft. 4 N -,I- \ 2 cuaPoncK \ I D.B. 1849, i 00 PG. 334 sauNo *LA' � SITE OCEAN JI —� saunE.nM d' BORES 00 MARTIN'S (n I FLOOD ZONE POINT Al (7.O1) - I APPROX. FLOOD ZONE HOUSE AREA (O,2q,) to U$159 \ IJm io VICINITY MAP (N.T.S.) I I� o RECEIVED L L 2--i� ` I MAY 16 2016 S DCM- MHD CIT U C 4 ` �(Rfc� 4 1 S 2 0.30, Keceivec Received Ex, i x a as GY1G1 DQW OMEC ; 1�1 404-wt4l-ndS \ , k y' C*3,6}s ftw z� II Tic ,rya ti4-L (3o ,LL m.�S e� yjvliwnu Pro��u�c�i F,11 A+u, �± USA(E 4U 1-We}e ii j S�«kcd G/ab/aoJ4 by Kyle 13arnzy Phe�1�S RECEIVED MAY 16 2016 CAMA Major Permit for Proposed Bulkhead John Spencer 121 S. Dogwood Trail (Lot 3 Block 114) Southern Shores Dare County Date: Sheet 2 of 3 DCM Staff Drawing (R.A.R) Approved by: K�U-t \` < 0 Arv.,1,o r = Op M 0 o C-� � m o CAMA Major Permit for Proposed Bulkhead John Spencer 121 S. Dogwood Trail (Lot 3 Block 114) Southern Shores Dare County Date: 30 -1� Sheet 3 of 3 DCM Staff Drawing (R.A.R) Approved by: P�opo�c2 B.skhna d 0 r. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: John Spencer 2. LOCATION OF PROJECT SITE: 121 South Dogwood Trail, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. Photo Index — 2006: 85-7226 (G 7) 2000: 185-2096 (G 7) 1995:186-1964 (P 11) 1989: 146-8 (R 15) 1984: 136-487 (G 18) 1978: 93-411 (S 5) 3. 0 State Plane Coordinates - X: 2962137 Lat/Long: 36.11807000N,-75.7419810°W INVESTIGATION TYPE: CAMA Y: 877670 Quadrangle: Kitty Hawk, NC (U.L.) INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/3/2016 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 5/2/2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Southern Shores Land Classification from LUP - The canals are classified as Conservation I (B) Areas of Environmental Concern (AEC) Involved: Public Trust Area (PTA) and Public Trust Shoreline (PTS) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - Septic Planned — N/A (F) Type of Structures: Existing - Single-family dwelling, DockRECEIVED Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 2 ft/yr MAY 18 2016 Source - Applicant 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DCM- MHD CITY FII I Fr) DISTURBED (A) Shallow Bottom PTA, EW AEC's ±1,048 ft2 (B) Public Trust Shoreline AEC ±3,930 ft2 (C) 404-wetlands (within Public Trust Shoreline AEC) ±3,375 ft2 (D) Total Area Disturbed: ±4,978 ft2 (0.11 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open to Shellfishing: No John Spencer Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead waterward of a USACE delineated 404-wetland area/shoreline that ties into adjacent bulkheads. Project Setting The site of the proposed development is located at 121 South Dogwood Trail, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. The property is t36,923 ft2 in size and has an elevation that ranges from 1' at the shoreline to 7+' above normal water level (NWL) in the highground area. Man-made features within the highground area include a single-family dwelling and driveway. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of Fripp fine sand (FrD) in the higher elevation areas and Psamments (PsB) in the near shore area. The highground area is vegetated with lawn grass, various deciduous trees and ornamental bushes. Based on available information, there does not appear to be any archaeological sites on or adjacent to this property. The shoreline is t131' in length with a t1' erosion escarpment located at NWL. A t3,375 ft2 area immediately adjacent to the shoreline was delineated as 404-wetlands. Vegetation growing within the shoreline area includes 404-wetland plant species, several pines and wax myrtles as well as an area of lawn grasses. An existing 32'x6' dock that is non -accessible is located t11' to 16' waterward of NWL. In reviewing aerial photography, at the time of dock construction the shoreline was adjacent to its location. The waters of Jean Guite Creek and associated canal systems are classified as SC by the Environmental Management Commission, are not open to shellfish taking and have been designated as an Inland Primary Nursery Area (PNA) by the NC Wildlife Resources Commission. Water depths within the project site range from 0.5' to 2' below NWL with an average depth of 1'. The bottom substrate within the project area is made up of fine sands and detritus and is predominantly vegetated with Milfoil; however, a t50'x2' band of widgeon grass is growing between the bulkhead return wall of the adjacent property to the south and the northern end of the existing dock. Both adjacent riparian properties are residential in nature, have been bulkheaded and have docks. The nearshore land elevation on these properties is similar to the project sites elevation. Development Proposal 0I order to prevent further erosion to the site, the applicant proposes to stabilize the shoreline J constructing t131' of vinyl bulkhead. The proposed alignment will tie into the bulkheads of !G�� --the adjacent properties so that it will be one continuous bulkhead. The proposed bulkhead *gnment will average 8' waterward of NWL with a maximum distance of t16'. Excavation for tie-b stallation will occur within a t718 ft2 area of USACE 404-wetlands. Upon completion Riot rok installation, the area will be returned back to the existing elevation. Clean sand fill M,OWaterial will be placed landward of the proposed bulkhead up to the erosion escarpment OG matching the existing grade. No fill material is proposed to be placed within the USACE 404- wetland area. John Spencer Field Investigation Report Page 3 Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of t1,048 ft2 of the Public Trust Area AEC with clean fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the placement of t38.8 cubic yards of fill material below NWL. • Bulkhead tie -back installation will result in the excavation and disturbance of t718 ft2 of USACE 404-wetlands. • It is anticipated that the remaining t2,657 ft2 of USACE 404-wetlands will have some degree of disturbance associated with bulkhead construction and backfilling. • Bulkhead installation, backfill and grading will result in t3,930 ft2 of land disturbance within the Public Trust Shoreline AEC. Submitted by: Ron Renaldi Date: May 4, 2016 RECEIVED MAY 18 2016 Albemarle Bulkheads and House Pilings Post Office Box 50 Kill Devil Hills, NC 27948 (252) 256-0857 Cell (252) 715-1986 Fax John Spencer 121 S Dogwood Trail Southern Shores, NC 27949 410-218-0990 Received b1"Y '� _ firI DCM-EC Whit Patterson Owner/ Operator Albemarle Bulkheads is installing a Vinyl Bulkhead and backfill 131 linear feet. All the fill material that will be used will not be placed within the wetland area. The fill material will only be placed in the area landward of the proposed alignment to NWL located at the erosion escarpment. The fill area will be the same elevation as the adjacent areas. The mid wale with be 6"x6"xl6' 2.5 cca salt treated secured to pile with galvanized timber bolts. Sheathing will be shore guard series #225 10' in length. Maximum embedment below surface 6' with 4' to top grade. Tie back rods will be 3/4"xl 5'galvanized secured through wale set on 5' centers slushed with tar. Anchor pile will be 6"x8"x4' .60 cca salt treated set at 3' below top grade of bulkhead. Crosspieces will be 4"x6"x4' .40 cca salt treated secured to anchor piles and tie back rods. Maximum embedment 3' below top grade of bulkhead. Front and back wale will be 2"x6"xl6' .40 cca salt treated secured through front wale, sheathing and back wale. Bolts will be 5/8" galvanized timber bolts secured to mid wale and sheathing. Cap board covering top wale and vinyl sheathing will be 2"x12" .40 cca salt treated. Back fill estimated at 20 loads. All back fill will be brought to the bulkhead with a dump truck. RECEIVED MAY 18 2016 DCM- MHD CITY Waterfront Solutions! .through quality workmanship and environmentally sensitive marine construction! GCM MP4 APPLICATION for Major Development Permit t'���ih���A� (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Busness Name Project Name (if applicable) Last Name Applicant 1: First Name MI o _ 5Rr.A/0,:-l- Applicant 2: First Name A�141 MI Last Name AJ.4 If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State o. _ ZIP Country ��t Phone No. {f A 7IV41 2i$['opS' LL S Ile -�4 o elaxt' Street Address (f different from above) City State ZIP Email % 2. Agent/ContractorInformation Business Name Agent/ Contractor 1: First Name ZA-)A,1` MI m-" Last Name pxffltr- S b,) AgentlContractor 2: First Name MI Last Name DC M - M H D C IT Mailing Address *; // PEU/l !i//S PO Box 5,9 City Slate 1 NG ZIP 2794 T Phone No. 1 ,S - 91//' &g6xt. Phone No. 2 ;LAq 1 ,?S-gexL FAX No. s5i "W/ 69 Contractor # Sa,wt Street Address (ff different from above) city State ZIP S )PLe Email 6".1 r ?417E-124'0 / ? 0 G IxAd - co m <Form continues on back> 252-608.2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3- , ,Project Location County (can be multiple) Street Address State Rd. # P4R16:- ar s 7`,P..6 Subdivision Name City S,..A+-'^ 51,ort,> State 4/� Zip nn SO &. RA/ s'&'O'1 3 Phone No. Lot No.(s) (if many, attach additional page with list) W% - ext. '4074- 3 A�/Pr4k /!,y a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project y P�vL.,ai�..+r J.�a✓c.as- G.�c,.E .,-.w.,l� c. Is the water bogy identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural Manmade ❑Unknown,�.,¢.tp�t-�.t.t,/Z e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed [JYes ❑No work falls within. S Nvn•uS 4. Site Description a. Total length of shoreline on the tract (ft.) (+t3l b. Size of entire tract (sq.ft.) gz3 Qaa 3� c. Size of individual lot(s) d. Approximate elevation of tract above NHW (nonpal high water) or NWL(nonnal wafer level) r� 3p'_..1L .5ti.IrhC ,,jj Cwrd'hv 'J� (If many lot sizes, please attach additional page with a list) Fr❑NHWor�1NWL NWL-b C_).9 e. Vegetation on tract 7.2c.e-S f. Man-made features and uses now on tract fc�c� S'E Ati d l70�....� o.v sNoa� L•s1.e, g. Identify and describe the existing land uses ad seen to the proposed project site. ,�esiAer/l /lehs>r , N LIJ � h. How does local government zone the tract? I. Is the proposed project consistent with the applicable z (Attach zoning compliance certificate, if applicable) tt1r� g V. [-IYes []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 Nc ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ETNo ❑NA National Register listed or eligible property? <Form continues on next page> 0� 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalman agement. net Received Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit n :M.F r m. (i) Are there wetlands on the site? E3'es []No (if) Are there coastal wetlands on the site? JYes KNo (iii) If yes to either (i) or (if) above, has a delineation been conducted? Yr1'es JNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. $'.e..e f, e, fm iv/G o. Describe existing drinking water supply source. ' p. Describe existing storm water management or treatment systems. /✓OP11ti Z. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑]Commercial ❑Public/Government Ry Hvale/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. T C.Si Os. „Jfw / 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. i3a /&AtG,oe 4,0" / d. List all development activities you propose. yN frm/7 v•Nt/ 44— /%, /LCh4 c J e. Are the p sad a tivities maintenance of an existing project, new work, or both? 4;F ew f. What is the approximate total disturbed land area resulting from the proposed project?_ Bsq.Ft or []Acres 3 -+so a z. g. Will the proposed project encroach on any public easement, public accessway or other area Wyss No E]NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVE MAY 18 201 i. Will wastewater or slormwater be discharged into a wetland? ❑Yes No 'UCM- M H D If yes, will this discharged water be of the same salinity as the receiving water9 ❑Yes []No MNA j. Is there any mitigation proposed? ❑Yes ©No ❑NA If yes, attach a mitigation proposal <Form continues on back> 'D ',ITY 252-808-2808 .. 1-888-4RCOA8T .. www.nccoastalmanagament.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application (:package to be complete. Items (a) - (t) are always applicable to any major development application. Please consult the application `. instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. NamePa ncK F. PhclpS woo Jbr,pa Phone No Adtlres84Sl0 r.�S�.11 93 Name mark- °e :i,.t �T+ �irCa's4 Phone No. Address p.0. soX 41RI )4ovs+u,, TY Name � � ;;. �- � � �' � '�; _ Phone No. ' Address r - g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permillee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. T C,ertliiion and Permission to Enter on Land _. I understand that any permit ssued in response to this application will allow only the development described In the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date %' 9.r-- Print Name Ad"A fi RYV Received Signature i✓�td�er>,G� Please indicate application attachments pertaining to your proposed project.. I)CM-F ~ XDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts �I�YI o � V ❑DCM MP-3 Upland Development ,- 00 a ❑DCM MP-4 Structures Information "W Z ir 0 252-808-2808 -: 1-888-4RCOAST :: www.nccoastaimanagement.net Received Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding . (NLW or Breakwater shoreline fill stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION EfThis section not applicable l a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. 0A.." . 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 ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: '0V ayy d. High -ground excavation in cubic yards. AlOA/L RECEIVED MAY 18 M6 nCM_ MHD CITY 2. DISPOSALOF EXCAVATED MATERIAL EfrTw9section not applicable a. Location of disposal area. b. Dimensions of disposal area - ZI c. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: " d y✓.t d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (it) If yes, where? E�diYsL. f. (i) Does the disposal include any area in the water? []Yes ❑No ❑NA (ii) If yes, how much water area is affected? A-10.i ✓ 252-608.2808 :: 1.68&4RCOAST :: www.nccosstalmannaement.net revised: 12/26106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION [I This section not applicable (If development is a wood groin, use MP-4 — Structures) a. TVDe of shoreline stabilization: b. Length.--'� 131 R. A • - ETBulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ c. Average distance waterward of NHW or NWL: :jo�ter- S ' R.A.R. e. Type of stabilization material: U ��H At. t 11042 f+' R.A.R. g. Number of square feet of fill to off placed below water level. ulkhead backfill'viprap Breakwater/Sill _ Other i. Source of fill material. SsW ..a tip /4WD -f4Wb 4-/ Width: //0 d. Maximum distance waterward of NHW or NWL: � ' 16' R.A,R. I. (i) Has there been shoreline erosion during preceding 12 ths? Yes ❑No ❑NA (ii)If yes, state amount of erosion and source of erosion amount info ton. t Fr h. Type of fill material. 5 A-r 6 4. OTHER FILL ACTIVITIES Vhis section not applicable (Excluding Shoreline Stabilization) l a. (i) Will fill material be brought to the site? Etyes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or waterer b other wetlands (WL)? If any boxes are checked, provide the (n) Amount of matedal to be placed in the number of square feet affected. ni Dimensions of fill area '� �� ' (iv) Purpose of fill ❑WL []None 0 (ii) Describe the purpose of the fill in these areas: /^3 a ii . i .\7 a. How will excavated or fill material be kept on site and erosion controlled? c. (i) Will navigajyroonal aids be required as a result of the project? []Yes QNo ❑NA (it) If yes, explain what type and how they will be implemented. A- . IY a- Received Date Project Name D ME C 0- b. What type of construction equipment will be used backhoe, or hydraulic dredge)? J. (i) Will wetlands beetjosled in transporting equipment to project site? ❑Yes Mo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. o f f Applicant Name Z-tJ„ `7� ,s all Applicant Signatures 252-808.2808 :: 1-888.4RCDAST :: www.nccoastalmananement.net revised: 12/26106 50, 0 25 50 100 -1 Received 1 inch = 50 ft e� VJ • PropaScd �6�i��r EDGE 0 WPTER IL Frena �4) D.H. 1934, Qp PG. 469 0 NOTESs M Address, 121 South Dogwood Trail Lot Area = 36,923 Sq. Ft. axmnUM SITE OCAA EANC SOUTHERN SHORES MARTIN'S PMT �s S \ MFy VICINITY MAP N.T.S. 00 N Received t APR a i` DCM-EC N o i ct cor '�N J � I I APPROX. HOUSE AREA I I m 10 I� "L �J �(REc.) 0.1 403r s \Cr S'`�))¢s\ 73 0Bs \4. w Ptie�p� ;2) D.B. 1849, PG. 334 FLOOD ZONE AE (7.0') FLOOD ZONE •X' (0.2%) RECEIVED MAY 18 2016 DCM- MHD Cl `1 CAMA Major Permit for Proposed Bulkhead John Spencer 121 S. Dogwood Trail (Lot 3 Block 114) Southern Shores Dare County Date: 3-30- l(o Sheet 1 of 3 DCM Staff Drawing (R.A.R) Approved by:_W14 ' 1 — neceivea Received APR 2 P, 1318 EX. T S QU as Ld 3J1`i%LL� 4 X)S'•.'. X .. �X,jh,n `�.S `�` ti 4J4- W t41anG�S 1� sa . , ti k il' C±3,bS 4t'� xI I,S Tic ,ni-o tI' � '.ir M4.•L � fL L I + nu a�4 k �' x I PrJpu)c� F,11 A r u. Vv V' USALC 4oq,W,.+t,, A s+.kca 6/410/ao)v by kyle )3arney RECEIVED MAY 18 2016 DCM- MHD CITY CAMA Major Permit for Proposed Bulkhead John Spencer 121 S. Dogwood Trail (Lot 3 Block 114) Southern Shores Dare County Date: 3-3o -vu Sheet 2 of 3 DCM Staff Drawing (R.A.R) Approved by: 4a Cross - a r�rxl,u r' LAMA Major Permit for Proposed Bulkhead John Spencer 121 S. Dogwood Trail (Lot 3 Block 114) Southern Shores Date: 3- 30 -\�-o Dare County Sheet 3 of 3 DCM Staff Drawing (R.A.R) Approved by: � ProZoscs B rtk-hu cS t Coastal Management ENVIRONMENTAL QUALITY May 5, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED/NCDENR/DWR MAY 13 2016 Water Qual ty Regional Operations Sectlon Washington Regional Office PAT MCCRORY Golemor DONALD R. VAN DER VAART seorotory BRAXTON DAVIS Dimaor '�,)wa t- 2ol4, v4-7 Robert Tankard, Environmental Engineer DWR - Water Quality, Aquifer Protection Section, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review John Spencer 121 South Dogwood Trail in Southern Shores, Dare County Bulkhead construction Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/26/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE S 1 `I Il ,) G <—`- "Nothing Compares..R. State ofNoNh Carolina I F.,*Onmental Quality 10-131 Meaegement 1367US Hwy 17 South I E izabeth City. NC 27909 252-264-39011252-2643723[ful