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HomeMy WebLinkAboutRET 19-03 WadillCarver, Yvonne From: Carver, Yvonne Sent: Tuesday, June 25, 2013 10:35 AM To: Huggett, Doug. Govoni, Daniel Cc: Renaldi, Ronald Subject: FW: James Waddill, Rodanthe major app on hold -->NEEDS TO BE RETIRED Attachments: FIRST TROY X JAMES WADDILL.pdf During the time that the email below was sent, I made a note in the Waddill file on 04/05/11 that Daniel had spoke with Brian Rubino, who confirmed that the property owner had file bankruptcy, and that Brian would be sending a letter confirming the applicant would not be going forward with the request and he would be asking that the major permit file be retired. We have never received the letter. Since that time, the property in question has changed ownership again. This has been confirmed from Dare County GIS/Tax Records. The lot located at 23208 America Drive is now owned by Willard Dapolito. The deed date noted was 3/1/2012 BkPg: 1890/0275. Taking into consideration this information, I would suggest that the major application be taken off of hold and be permanently retired. Yvonne B. Carver NC Division of Coastal Manaaement 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 231 252-264-3723 (fax) Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Carver, Yvonne Sent: Tuesday, April 05, 2011 2:48 PM To: Govoni, Daniel Cc: Renaldi, Ronald Subject: James Waddill, Rodanthe major app on hold Daniel, Our office received a cc of a letter addressed to First Troy SPE, LLC from the NC DWQ, dated 03/28/11. This correspondence referenced that an inspection was done for compliance with GC #3642 at subject site located at 23208 America Drive in Rodanthe, Dare County. I couldn't find a major permit/application under the name of First Troy, so I double checked Dare County's GIS/parcel information, and verified that the property in question used to be owned by James Waddill. Wecurrentlyhave a major application file under the name of James T.Waddill, IV;.which was processed/reviewed by Ron'Renaidi. -According tolh&SIPS database, an&a- letter dated 09/01/09 from you, Mr. WaddilPs application was placed on hold because the applicant had notrf ecehmed approval from the -Corps of.Engineiers"r .:,l- wnership of this property is now First Troy SP.E, LLC. This has been verified by Dare Count I . YL-i .records. It appears that this property went through aforeclosure, based upon a quick review, d document and other information the DWQ, letter, dee fo attached for your review , . '11 _�. �' " , 1. .. .,. I,, �: , , , , I j�;if4 � : t-.� 1 -,: a!id/pr file .� I thought yo'u'migfif iincllhtis inf6rmation.useful,phd may nee it to close the major application file. ,Yvonne B. Carver :r. NC 1367 USEw y 17 Sduth Elizabeth City, NC47909" 252-2643901, exL 231 252-264-372 3 (fax) E-mail coxT'espondenc'e't'oaud.fr6mOils 'a'd(iii- -be subject to the North Carolina Public Records Law and raaq be disclosed to third parties. 2 .Parcel Card Page I of Parcel Number: 012515000 Print Date: 6/24/2013 County of Dare, North Carolina *Owner and Parcel information is based on current data on file and was last updated on 6/24/2013 Owner Information: DAPOLITO, WILLARD s# r ` }s aAA" 7051 KENBRIDGE DR s t(� sad ei'3i CLEMMONS, NC 27102 r ! Parcel Information: " ! Parcel:012515000 PIN:065917015287 District: 15 - RODANTHE Subdivision: RODANTHE BY THE SEA ,_ t totBlkSect: LOT: 12 BLK: SEC: t Multiple Lots: - PlatCabSlide: PL:9:SL: 33 Units: 0 Deed Date: 3/1/2012 BkPg: 1890/0275 1 -'All information below is,based on-2012 data on file - - 012515-000 15-065917- Property Use: Vacant Land -Private 2320.8 AMERICA DR BUILDING USE and FEATURES Building Billing Value: $0 BUSE: Notes Only Exterior Walls Actual Year Built: . Interior Walls Baths: Floors Bedrooms: Roof Cover FINISHED SQ FT: please see notes below' Roof Structure Heat -Fuel Heat -Type Air Conditioning MISCELLANEOUS USE Misc Billing Value: $0 Musel: Muse2: Muse3: Muse4: Muses: LAND USE Land Billlno Value: $203,200 LUSE:15-Ocean Intl D Luse2: Luse3: Luse4: Luse5: Luse6: LAND AREA: 'please see notes below 15000 Square Feet Tota 20, 2klax,B il.ng' a. e: $203,200 Values are for the 2012 tax. bi11.period. "Finished: Square Footage of the building(s) and Land Area information is based on data in the Tax Appraisal program as of March 2011. 'Finished Square Footage indicates the area of a building that 1s.heated or unheated and has interior finish. The finished square footage is shown for up to 3 drawings per parcel from the Tax Appraisal program. Usually each drawing denotes one building. Larger, or more involved buildings sometimes require two or more drawings in the Tax http://www.darene.conl/public/pareeleard.asp?Parcel=O 12515000 6/24/201 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director September 1, 2009 Mr. James Waddill PO Box 1848 Manteo, NC 27954 Dear Sir: Dee Freeman Secretary This letter is in response to your application request under the Coastal Area Management Act (CAMA) to carry out development activities in Dare County. Processing of the permit application, which was received by the Division of Coastal Management's Morehead City office on 4/14/09, is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. This item is summarized below: 1) It is the policy of this Division that, prior to taking final action on a project of this nature, approval is needed from the U.S. Army Corps of Engineers. It is our understanding that this approval has not yet been obtained. Therefore, it is necessary that processing of your application be placed in abeyance until the Corps of Engineers concludes these issues and issues their approval for the proposal, and a copy of the approval supplied to this office. . You will be given five working days from date of mailing. If you can provide to this office a copy of the approval within the required time, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not provided to this office within the specified timeframe, processing of the application will be suspended 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, or by email me at daniel.govoni@ncmail.net. Sincerely Daniel M. Govoni Asst. Major Permits Coordinator CC: Quible and Assoc. Brian Rubino PO Box Drawer 870 Kitty Hawk, NC 27949 DCM-Elizabeth City -Ron Renaldi 400 Commerce Ave., Morehead City, INC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Nne orthCarolina Natimally Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to James Waddill, PO Box 1848, Manteo, NC 27954 Authorizing development in Dare County at at 23208 America Dr. (SR1516), Lot 12, Rodanthe By the Sea Subdivision , as requested in the permittee's applicatio��//n dated 3/26/09, including the attached work plan drawing!Lfl) dated revised 3/25/09 <Y '4EG AZ'Prl &�a ` 1 • , , This permit, issued on , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including but not limited to the construction of the single family residence including the septic system, driveway and pool, all as expressly and specifically set forth in the attached letter application and workplan drawing. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on December 31, 269 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission. and the James H. Gregson, Director Division of Coastal. Management This permit and its conditions are hereby accepted. Signature of Permittee James Waddill Ocean Hazard Area Permit # Page 2 of 'S)6 In accordance with T15A:07H.0306(1). the authorized structures shall be relocated or dismantled when they become imminently threatened by changes in shoreline configuration. The structures shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon their collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structures become imminently threatened, so that the structures are no longer imminently threatened, then they need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under Rule T15A:07H.0308(a)(2). lnc�du/. 1�•�l�w��+ s,r �l s1� of s;e7l—r, 3� 3 All buildings shall bed tation, as deter e y , e M• 9 S cc fly f -�Crd , �, rpAvl .f%. 4) All structures exceeding 5,000 square feet in area(i.e. t4exw parking, a phaltpaving, brick plazas) shall set back a min o 120 fe from t line stable v n as determ M, the LPO,or othe assi gen f CM. S53 All decks surrounding the fl mixed usedpiles supported buildings (]ahP1Pd 7C1 "�%), shall be structurally independent from the main building; ,t V rn dne 72-,5Z�v SecO- /V sme `e, S rvN I c k..il de /�..A/ c po u®.d aLp� IZIZ Prior to the initiation of construc/bastfal any new structures within the Ocean Hazard AEC, a representative of the Division of Management shall determine the first line of stable, natural vegetation and the associated li*e structure setback. These setback determinations shall replace those done at the time this permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement is void and shall be re-established. In the case of a major shoreline change within that period, a new setback determination shall be required before construction begins. C 11iove✓ -M $ ,)- -4) 1� All development shall be located landward of the frontal dune. `8)-7 All building/shall be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists shall meet the 100-year flood level elevation. 9) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. 10) Dune disturbance shall be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed dune areas shall be immediately stabilized. 11) Sand use to strengthened d 1 be brou om nature (s th anthe area, which it is o be placed. No sand is to be removed from the lot. 12) All buildings constructed within the ocean hazard area shall comply with the NC Building Code and the Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. James Waddill Page 13) In order to avoid unreasonable danger to life and property, all development shall be designed and placed so as to minimize damage due to fluctuations in ground elevation and wave action in a 100 year storm. Cantilevered decks and walkways shall meet this standard or shall be designed to break -away without structural damage to the main structure. Sedimentation and Erosion Control 14) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 15) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, �tc.). gun �tnceS Stormwater Management 16) The Division of Water Quality approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW7090213, which was issued on 3/20/09. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. / ®vC S ✓L,�j— A�f} Cj2 i , �n General + N a NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non -water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at (252) 946-6481 for project specific clarification. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3641 (DWQ Project No. 06-1217 V.2), which was issued on 8/3/09.email coming NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- SAW-2009-01058.comments should be here soon I Yn q n i ern Cvn f� , r/` 5 7119 Zt, A't1'� A � (b) Where application of the oceanfront setback requirements of Rule .0306(a) of this Subchapter would preclude placement of permanent substantial structures on lots existing as of June 1, 1979, single family residential structures shall be permitted seaward of the applicable setback line in ocean erodible areas, but not inlet hazard areas, if each of the following conditions are met: (1) The development is set back from the ocean the maximum feasible distance possible on the existing lot and the development is designed to minimize encroachment into the setback area; (2) The development is at least 60 feet landward of the vegetation line; (3) The development is not located on or in front of a frontal dune, but is entirely behind the landward toe of the frontal dune; (4) The development incorporates each of the following design standards, which are in addition to those required by Rule .0308(d) of this Subchapter. (A) All pilings shall have a tip penetration that extends to at least four feet below mean sea level; (B) The footprint of the structure shall be no more than 1,000 square feet or 10 percent of the lot size, whichever is greater. (C) Driveways and parking areas shall be constructed of clay, packed sand or gravel except in those cases where the development does not abut the ocean and is located landward of a paved public street or highway currently in use. In those cases concrete, asphalt or turfstone may also be used. (5) All other provisions of this Subchapter and other state and local regulations are met. If the development is to be serviced by an on -site waste disposal system, a copy of a valid permit for such a system shall be submitted as part of the CAMA permit application. ***This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (0110812007) Applicant: City Date application "received as complete" in the Field office (EX: 1/8/2007): 4/14/2009 Permit Authorization: ❑LAMA ❑Dredge 8 Fill ❑Both SITE DESCRIPTION INFORMATION OMAY 2 6 2009 Sandbags: ❑Yes ENo ❑ Not Sure Critical Habitat: ❑Yes ENo ❑Not Sure Shell Bottom: ❑Yes ENo ❑ Not Sure 15 foot waiver obtained: ❑Yes ENo Did the land use classification come from county LUP: EYes ❑No Environmental Assessment Done: [-]Yes ENo (Secondary water classification — OPTIONAL choose MAX of 4) ❑ ORW I ❑PNA Nutrient Sensitive ❑HQW ❑Swamp waters ❑NC Nat/Scenic river I ❑Fed Wild/Scenic river WETLANDSIMPACTED ❑ Juncus roemerianus(black needlerush) ❑ Distichlis spicata(salt or spike grass) ❑ Salicomia sp.(glasswort) ❑ Spartina cynosuroides(salt or giant reed grass) ❑ Spartina patens(salt/meadow grass) ❑ Limonium sp.(sea lavender) ❑ Spartina altemaflora(salt marsh cordgrass) ❑ Scirpus sp.(bullrush or three square) ❑ Cladium jamaicense(saw grass) ❑ Typha sp.(cattail) ❑ Borrichia frutescens(sea oxeye) ❑ Iva frutescens(marsh elder) E Jurisdictional wetlands (Corp. of Engineers) 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 01/08/07 NC Division of Coastal Mat. Application Computer Sheet, Page 2 of 3) � y Applicant:James T. Waddill, IV Date: 5/20/2009 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. ' Choose One Choose One Activity Name Dimension 1 Dimension 2 Dimension 3 Dimension 4 Deck (House) 30 8 New Work ® Replace Maint ❑ ❑ Y ON Deck (House) 40 6 New Work ® Replace Maint ❑ ❑ Y ® N Fill (general) 164 70 1 New Work ® Replace Maint ❑ ❑ Y ® N Fill (404 Wetland) 70 25 1.5 New Work ® Replace Maint ❑ ❑ Y ® N High Ground 175 75 New Work Replace Disturbance Maint ❑ ❑ Y ® N New Work ® Replace Parking Lot 40 30 Maint ❑ ❑ Y ON Res. bldg. New Work ® Replace (Single Family) 34 30 Maint ❑ ❑ Y ON Septic Syst New Work ® Replace (w/drain field) 45 35 Maint ❑ ❑ Y ® N Swimming Pool 24 12 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 ❑ 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 ❑ Replace Maint ❑ ❑ Y ❑ N revised 01/08/07 N'C• W. ision of COastaf Mgt. Appiicat➢on Computer Sheet, Page 3 of 3) Applicant:James T. Waddill, IV Date: 5/20/2009 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 TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Choose One IB 13273 13273 Drege ❑ Fill ® Both ❑ Other WL 1782 1782 Drege ❑ Fill ® Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ ' Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ - Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1.888-4RCOAST :: www.ncceastatmanaaement.net revised: 01/08/07 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 24, 2009 DWQ Project # 09-0518 Dare County James T. Waddill, IV ps � I PO Box 1848 t Manteo, NC 27954 1UN 2 ZipZuuj Subject Property: 23208 America Drive, Rodanthe, NC Mejf�d Atlantic Ocean, Pasquotank Basin, 030155, 99-(7), City I)CM Approval of 401 Water Quality Certification (GC3642) with Additional Conditions Dear Mr. Waddill: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.041 acres of waters to develop a residential lot as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on May, 6, 2009. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3642 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org 943 Washington Square Mall Washington, NC 27889 Phone: 252-946-6481 FAX 252.946-9215 On..e�.7., NorthCar01111a An Equal Opportunity/Affirmative Action Employer —50%Recycledll0% Post Consumer Paper Naturall%, 1 Page 2 of 3 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream na feet na 404/CAMA Wetlands 0.041 acres Plat provided with application Waters na acres na Buffers na (square ft.) na 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3642. 4. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Page 3 of 3 Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar -Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631. Enclosures: Certificate of Completion GC 3642 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit CAMA, Doug Hugget, Morehead Office CAMA, Elizabeth City File copy Brian Rubino, Quible and Associates, P.C. PO Drawer 870, Kitty Hawk, NC 27949 Sincerely, X�ft I_ColHSu lins DWQ# 09-0518 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James T. Waddill, IV 2. LOCATION OF PROJECT SITE: 23208 America Dr. (SR 1516), Lot 12, Rodanthe By the Sea Subdivision, Rodanthe; Dare County, within the Ocean Erodible Area of the Atlantic Ocean. 3. a Photo Index — 2006: 174-7845 (R 19) 2000: 174-2065 (G&H 5&6) 1989: 5 203-10 (J 14) 1984: 143-405 (J 18) State Plane Coordinates - X: 3050467 Y: 691267 Rover File: F-042909A Quadrangle: Rodanthe INVESTIGATION TYPE: CAMA, 1995: 175-1803 (M&N 11) 1978: 89-1330 (N&O 13&14) NC, U.R. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 1/1512009, 4/29/2009 Was Applicant Present — (Agent) Yes, No 5. PROCESSING PROCEDURE: Application Received Complete—4/1412009 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Development and Conservation (B) AEC(s) Involved: Ocean Erodible Area (C) Water Dependent: No (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - None Planned -,Peat septic system (F) Type of Structures: Existing - None Planned - Single-family dwelling, gravel driveway, and pool. (G) Estimated Annual Rate of Erosion: 11.5 feet/year Source — DCM erosion rate map 7. HABITAT DESCRIPTION: [AREA, square feet (ftz)] FILLFD OTHER (A) Vegetated Wetlands ±1,782 ftz 404 wetlands (C) Other ± 9,709 ftz Disturbed - Uplands (±2,958 ftZ Impervious surface within disturbed area) (D) Total Area Disturbed: 11,491 ftz (E) Primary Nursery Area: No (F) .Water Classification: SB Shellfishing Open: No James T. Waddill, IV Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to fill 404 wetlands to provide setback distances and then construct a single-family residence, septic system, driveway and pool. Project Setting The site of the proposed development is Lot #12 located at 23208 America Dr. (SR 1516) within the Rodanthe By the Sea Subdivision in Rodanthe, Dare County. The project site is within the Ocean Hazard Area of Environmental Concern (AEC). The project site is currently an undeveloped lot that is approximately 200' in depth, 80' in width,14,592 ft2 in size and situated ±6' above the normal water level. Approximately 10,153 ftz of the lot is upland area and the remaining 4,439 ft2 has been delineated as US Army Corps of Engineers (USACE) jurisdictional 404 wetlands. The upland area extends from the eastern property line across approximately 3/4 of the lot, is sandy and vegetated with American beachgrass (Ammophila breviligulata). The 404 wetland area is located within the northwest, western and southern. portions of the lot. This 404 wetland area is dominated by black needlerush (Juncus reomerianus), but also has sawgrass (Cladium jamaicense), salt meadow hay (Spartina patens), wax myrtle (Morelia cerifera), and marsh pennywart (Hydrocotyle umbellate). Although Coastal Wetland species are present, this area is not subject to regular or irregular flooding and has not been claimed as a Coastal Wetland under the jurisdiction of the Division of Coastal Management. The Ocean Hazard AEC line has been established and is located approximately 275' landward of the project site. The first line of stable natural vegetation (FLSNV) was verified by the Division of Coastal Management and the small structure setback for the site is 345' landward of the FLSNV. The project site is bordered on the north side by America Drive which has developed lots with single-family residences on its north side. The site is bordered on the east by a vacant lot owned by the applicant, but single-family residences exist beyond this lot. The site is bordered on the south by two lots, one of which a single-family residence exists and the other being an undeveloped upland area. The majority of the'lots to the west of the project site contain 404 wetlands and are undeveloped. The Atlantic Ocean is classified as SB by the Environmental Management Commission and is not open to shell fishing. Development Proposal In order to create sufficient setbacks and a development setting for the construction of a single- family residence, septic system, driveway and pool, the applicant proposes to fill two separate areas within the 404 wetlands that total 1,782 ft2. The first area to be filled is 111 ft2 and is near the northwest corner of the lot. The second area is near the southwest corner of the lot and will be 1,671 ft2 in size. The areas filled will slope downward toward the undisturbed areas of 404 wetlands and a silt fence will be installed at the toe of the fill areas to prevent sedimentation into the adjacent wetland areas as depicted on the submitted site plan. Because of the development impacts on the 404 Wetlands, there is a joint application with the USACE that requires mitigation in the form of an in -lieu payment to the NC Ecosystem Enhancement Program. James T. Waddill, IV Field Investigation Report Page 3 In conjunction with the 404 wetland fill; approximately 9,709 ftz of uplands will be graded in preparation for the construction of a single-family dwelling with a first floor elevation of ±13' above mean sea level and a 1,376 ftz footprint, a puraflo biofiltration peat septic system, a 1,582 ftz gravel driveway with parking areas and a 24'x12' pool that will be surrounded by an 8 foot wide open deck. All sewer, water, electric, cable and telephone lines are proposed to be installed between the gravel driveway and the eastern property boundary leading from American Drive. The total proposed impervious surface within the lot is 2,958 ftZ or 20.3% of the entire lot. Anticipated Impacts • The project as proposed will result in the filling of ±1,782 ftz of 404 wetlands. • Approximately 9,709 ftZ of uplands will be disturbed as a result of the development activities. • The project as proposed will result in a total land disturbance on the lot of±11,491 ftz. • The project as proposed will result in approximately 2,958 ftz of impervious surface or 20.3% of the total lot size. Submitted by: Ron Renaldi Date: April 29, 2009 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: James T. Waddill, IV County: Dare LOCATION OF PROJECT: 23208 America Dr. (SR 1516), Rodanthe By the Sea S/D, Lot 12, Rodanthe DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 04/14/09 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES ��� V CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES MAY 6 Z009 FIELD REPRESENTATIVE: Ron Renaldi LL DI TRICT OFFICE: DISTRICT MANAGER REVIEW: „ is 3 Date: 9ity DCM B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (60/40%) PUBLIC NOTICE REC'D: Advertise: PENDING ADJ. RIP. PROP NOTICES REC'D: APPLICATION C) 75 DAY DUAMME: 06/28/09 MAIL OUT FEDERAL DUE DATE: END OF NOTICE DATE: Comments due: DEED REC'D: ON: S�7�n4 150 DAY DEADLINE: STATE DUE DATE: Comments due: 05/25/09 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 15717 /? Coastal Management - LUP Consistency L b Division of Community Assistance Land Quality Section / Division of Water Quality Storm Water Management (DWQ) q State Property Office Z Division of Archives & History S Z (( ✓ Division of Environmental Health Division of Highways V Wildlife Resources Commission Local Permit Office Division of Marine Fisheries S (2l Corps of Engineers NCDENR North Carolina Department of Environment and Natural Resou Division of Coastal Management Beverly Eaves Perdue Governor May 4, 2009 MEMORANDUM TO: FROM: SUBJECT: SUBJECT: Applicant: Project Location: Proposed Project: James H. Gregson Director - HABITAT PROTECTION Dee Freeman Secretary ED Dr. Louis Daniel, Director Rk!! 1 2009 Division of Marine Fisheries Doug Huggett Moreneea City Dim Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review CAMA/DREDGE & FILL Permit Application Review James T. Waddill, IV 23208 America Dr., Rodaothe By the Sea S/D, Rodanthe, Dare County Fill 404 wetlands for the construction of SFR, septic, driveway, pool Please indicate below your agency's position or viewpoint on the proposed project and return this form by 65/25/09 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. 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 DATE J d 13ti7 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccDastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Beverly Eaves Perdue Governor MEMORANDUM: To: From: Subject: Applicant: NCDENR North Carolina Department of Environment and Natural Resources Division of Environmental Health Terry L. Pierce Director May 12, 2009 Doug Huggett Major Permits Processing Coordinator Dee Freeman VEDSecretary MAY i 5 1tjh9 Morehead City DCM Jgiey White, ironmental Specialist, PWSS/WaRO C REDGE & FILL Permit Application Review James T. Waddill, IV Project Location: 23208 America Drive, Rodanthe by the Sea S/D, Rodanthe, Dare County Proposed Project: Fill 404 wetlands for the construction of SRF, septic, driveway, pool REPLY: X This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. (See Attached) This office objects to the project for reasons described in the attached comments. Comments: Contractors should be aware of existing utilities during ingress & egress of the site to avoid damage with heavy equipment and materials delivery. Please contact the Dare County Water Department to confirm the location of utilities in the area. • Contact the Dare County Water Department for a water service application. Public Water Supply Section —Jessica G. Miles, Chief Washington Regional Office One 943 Washington Square Mall, Washington, North Carolina 27889 NorthCarolina Phone: 252-946-6481 \ FAX: 252-975-37161 Internet: nodrinkingtwatecstate.nc.us �aturlllh,' An Equal Opportunity 1 ARnnalive Action Employer 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Direct May 4, 2009 MEMORANDUM TO - FROM: SUBJECT: SUBJECT: Applicant: Project Location: Proposed Project: C. 09. 05 .off. oZ Y�Q L"/II" � ��%%MAY 1 b 2009 ` MAY 2009 REQ(V f Flabil fil; ) Maria Tripp Morehead City NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review CAMA/DREDGE & FILL Permit Application Review James T. Waddill, IV Dee Freeman Secretary 23208 America Dr., Rodanthe By the Sea S/D, Rodanthe, Dare County Fill 404 wetlands for the construction of SFR, septic, driveway, pool Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/09 to 400 Commerce Avenue, Morehead City, NC 28551. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. t6 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 A.,;.1 •• 'J.�o DATE 5-I3- Z3DI 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net One No Carol/ina An Equal opportunity 1 Affirmative Action Employer�uraLly n North Carolina Beverly Eaves Perdue Governor May 4, 2009 MEMORANDUM TO: FROM: SUBJECT: SUBJECT: Applicant: Project Location: Proposed Project: NCD NR Department of Environment and Natural Resources Division of Coastal Management James H. Gregson Director Lee Padrick Division of Community Assistance Doug Huggett Major Permits Processing Coordinator Dee Freeman MAY 2009 Morehead City DCM CAMA/DREDGE & FILL Permit Application Review CAMA/DREDGE & FILL Permit Application Review James T. Waddill, IV 23208 America Dr., Rodanthe By the Sea S/D, Rodanthe, Dare County Fill 404 wetlands for the construction of SFR, septic, driveway, pool Please indicate below your agency's position or viewpoint on the proposed project and return this form by 0/25/09 to,4Qtl,Comme.M Avenue, f!•Morg NC 28551. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. s 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/P ag 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement,net One No Carolina An Equal Opportunity 1 Affirmative Action Employer aturaLl j l IMF AG6IA MAY 1 9 609 FEWjR Morehead City DCM North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director May 4, 2009 MEMORANDUM TO: Bill Moore Division of Water Quality FROM: SUBJECT: SUBJECT: Applicant: Project Location: Proposed Project: Doug Huggett aJor ermlts rocessing Coordinator CAMA/DREDGE & FILL Permit Application Review CAMA/DREDGE & FILL Permit Application Review James T. Waddill, IV Dee Freeman Secretary I zoos 23208 America Dr., Rodanthe By the Sea SID, Rodanthe, Dare County Fill 404 wetlands for the construction of SFR, septic, driveway, pool Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/09 to 400 Commerce Avenue, Morehead City, NC 29551. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. 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. t'R=n>ERAL STorzM�lh�tZ M"I'T 2 sir1GLE ANtL`( 2est� e� (Sw7o5�o2i3 (SSUED ON ►-1AZc" Sc� 2U2UGD SIGNED UnnP(Z� F­ DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2609011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net the Na Carolll/ina An Equal Opportunity 1 Affirmative Action Employer YEA a, �r NCDENR North Carolina Department of Environment and Division of Coastal Management INCEUVED MAY 13 2009 Natural R"'WCT OFFICE Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary i �� ((', ryn n 2 0 2009 ROADSIDE ENVIRONMENTAL UNIT U Unit Head Envir. Operations Ma 4, 2009 EC & Veg. Mgt. y Field Oper. Eng. MAY MEMORANDUM MAY 0 7 2009 TO: 1WArMead City DCM Design NC DOT, State Construction/Materials 6$•Vy,Gitgineenng tVteeg�eetttaaltiiio�n Mgt. FROM: Doug Huggett Beautification Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: James T. Waddill, IV Project Location: 23208 America Dr., Rodanthe By the Sea S/D, Rodanthe, Dare County Proposed Project: Fill 404 wetlands for the construction of SFR, septic, driveway, pool Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/09 to 400 Commerce Avenue, Morehead City, NC 285'.. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. 4 This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. 9SIGNED LDATE5115 lilb0y 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net One NlipfthCarolina An Equal Opportunity 1 Affirmative Action Employer atulla{( ff t i NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary May 4, 2009ARMACC f-1 MEMORANDUM cn AI �r TO: Pat McClain / James Simons •,/0 ✓/l� 1 `�: Division of Land Quality 6$ FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: James T. Waddill, IV Project Location: 23208 America Dr., Rodanthe By the Sea S/D, Rodanthe, Dare County Proposed Project: Fill 404 wetlands for the construction of SFR, septic, driveway, pool Please indicate below your agency's position or viewpoint on the proposed project and return this form by 65/25/09 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. t//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 �A10L //J DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer 14-1 ar,1,7 one NCarolina Nawrallry W�Q ��� p�auaaoW North Carolina Beverly Eaves Perdue Governor May 4, 2009 MEMORANDUM TO: FROM: SUBJECT: SUBJECT: Applicant: Project Location: Proposed Project: NCDENR Department of Environment and N Division of Coastal Management James H. Gregson Director June W. Michaux, Director NC Department of Administration Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review CAMA/DREDGE & FILL Permit Application Review James T. Waddill, IV Freeman 23208 America Dr., Rodanthe By the Sea SID, Rodanthe, Dare County Fill 404 wetlands for the construction of SFR, septic, driveway, pool Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/69 to 400 Commerce Avenue, Morehead City, NC 28551. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: Thi office has no objection to the project as proposed. is 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 1367 US 17 South, Elizltbe City, NC'1�909 Phone: 252-264-39011 2-2 7 ;Internet: An Equal opportunity 1 Affirmative Action Employer DATE � `4 U --0 l Noe Carolina �turally -Ab NCDENR Wroommfto North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary May 4, 2009'`+ MRY 2 6 2Q09 K o9 � � 4 MEMORANDUM ///09 TO: Renee Gledhill -Early Morehead City DCM NC Department of Cultural Resources FROM: Doug Huggett Izl l t)`3 Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review S SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: James T. Waddill, IV \ J� ril�llo4 Project Location: 23208 America Dr., Rodanthe By the Sea S/D, Rodanthe, Dare County Proposed Project: Fill 404 wetlands for the construction of SFR, septic, driveway, pool Please indicate below your agency's position or viewpoint on the proposed project and return this form by W5109 tao.400 Commerce Avenue, Morehead City, NC 2855.1. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. K 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 � M� DATE 5•Q1 • 07 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccoa mmanagement.net One No Carolina An Equal Opportunity 1 Affirmative Action Employer litlltally VAY 0 8 2009 NCDENR MAY 2 6 2009 North Carolina Department of Environment and Nat Division CI DCM Division of Coastal Management MM nn SSOO ty Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary MEMORANDUM TO: Doug Huggett, Major Permits Coordinator THROUGH: Frank A. Jennings, III, District Manager FROM: Ron Renaldi, Field Representative?a— DATE: May 20, 2009 SUBJECT: James T. Waddill, IV Major Permit Recommendations The applicant proposes to fill 1,782 ft2 of U.S. Army Corps of Engineers (USACE) jurisdictional 404 wetlands to provide adequate setback distances and proper grade and then construct a single- family residence with septic system, driveway and pool. The site of the proposed development is Lot #12 located at 23208 America Dr. (SR 1516) within the Rodanthe By the Sea Subdivision in Rodanthe, Dare County. The project site is within the Ocean Hazard Area of Environmental Concern (AEC) and is 14,592 ft2 in size and contains 4,439 ft2 of USACE jurisdictional 404 wetlands. The development proposal involves the Ocean Erodible Area of Environmental Concern (AEC). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 07H .0303 MANAGEMENT OBJECTIVE OF OCEAN HAZARD AREAS (a) The CRC recognizes that absolute safety from the destructive forces indigenous to the Atlantic shoreline is an impossibility for development located adjacent to the coast. The loss of life and property to these forces, however, can be greatly reduced by the proper location and design of structures and by care taken in prevention of damage to natural protective features particularly primary and frontal dunes. Therefore, it is the CRC's objective to provide management policies and standards for ocean hazard areas that serve to eliminate unreasonable danger to life and property and achieve a balance between the financial, safety, and social factors that are involved in hazard area development. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252.264-39011 FAX: 252-264-3723 ; Internet: www.nocoastaimanagement.net One VoCarolina// An Equal Opportunity 1 Affirmative Action Employer ura!!u Doug Hugget, Major Permit Coordinator James T. Waddill, IV Major Permit Recommendations May 20, 2009 Page 2 (b) The purpose of these Rules shall be to further the goals set out in G.S. 113A-102(b), with particular attention to minimizing losses to life and property resulting from storms and long-term erosion, preventing encroachment of permanent structures on public beach areas, preserving the natural ecological conditions of the barrier dune and beach systems, and reducing the public costs of inappropriately sited development. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to and use of the lands and waters of the coastal area. Consistent: The proposed development is consistent with the intent of the management objectives. 07H .0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS (a) In order to protect life and property, all development not otherwise specifically exempted or allowed by law or elsewhere in the CRC's Rules shall be located according to whichever of the following is applicable: (3) If no primary dune exists, but a frontal dune does exist in the AEC on or landward of the lot on which the development is proposed, the development shall be set landward of the frontal dune or landward of the long-term erosion setback line, whichever is farthest from the first line of stable natural vegetation or measurement line, where applicable. Consistent: The proposed single-family residence will be landward of the 345' small structure setback. (b) In order to avoid weakening the protective nature of ocean beaches and primary and frontal dunes, no development shall be permitted that involves the removal or relocation of primary or frontal dune sand or vegetation thereon which would adversely affect the integrity of the dune. Other dunes within the ocean hazard area shall not be disturbed unless the development of the property is otherwise impracticable, and any disturbance of any other dunes shall be allowed only to the extent allowed by Rule .0308(b) of this Section. Consistent: The proposed development will not affect the integrity of the frontal dune. (c) Development shall not cause irreversible damage to documented historic architectural or archaeological resources documented by the Division of Archives and History, the National Historical Registry, the local land -use plan, or other sources. Consistent: The proposed development is consistent with the intent of this rule. (d) Development shall comply with minimum lot size and set back requirements established by local regulations. Consistent: The proposed development is consistent with the intent of this rule. (f) Development shall comply with general management objective for ocean hazard areas set forth in Rule .0303 of this Section. Doug Hugget, Major Permit Coordinator James T. Waddill, IV Major Permit Recommendations May 20, 2009 Page 3 Consistent: The proposed development is consistent with the intent of this rule. (h) Development proposals shall incorporate measures to avoid or minimize adverse impacts of the project. These measures shall be implemented at the applicant's expense and may -include actions that: (3) compensate for the adverse impacts by replacing or providing substitute resources. Consistent: The applicant has entered into compensatory mitigation for the filling of USAC jurisdictional 404-wetlands. (i) Prior to the issuance of any permit for development in the ocean hazard AECs, there shall be a written acknowledgment from the applicant to DCM that the applicant is aware of the risks associated with development in this hazardous area and the limited suitability of this area for permanent structures. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Consistent: The applicant has signed a written acknowledgement that he is aware of the risks associated with development in this hazardous area and the limited suitability of this area for permanent structures. 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS (d) Building Construction Standards. New building construction and any construction identified in .0306(a)(5) and 07J .0210 shall comply with the following standards: , (1) In order to avoid danger to life and property, all development shall be designed and placed so as to minimize damage due to fluctuations in ground elevation and wave action in a 100-year storm. Any building constructed within the ocean hazard area shall comply with relevant sections of the North Carolina Building Code including the Coastal and Flood Plain Construction Standards and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provision of the building code or a flood damage prevention ordinance is inconsistent with any of the following AEC standards, the more restrictive provision shall control. Consistent: The proposed development is consistent with the intent of this use standard. (2) All building in the ocean hazard area shall be on pilings not less than eight inches in diameter if round or eight inches to a side if square. Consistent: The proposed development is consistent with the intent of this use standard. (3) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. For those structures so located on or seaward of the primary dune, the pilings shall extend to five feet below mean sea level. Consistent: The proposed development is consistent with the intent of this use standard. Doug Hugget, Major Permit Coordinator James T. Waddill, IV Major Permit Recommendations May 20, 2009 Page 4 (4) All foundations shall be adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. Cantilevered decks and walkways shall meet this standard or shall be designed to break -away without structural damage to the main structure. Consistent: The proposed development is consistent with the intent of this use standard. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a Major Permit be issued to James T. Waddill, IV with the standard permit conditions associated with development within the Ocean Erodible AEC and building construction standards. I also recommend that the following specific conditions be added to the permit: (1) The proposed structures must be situated in the same alignment as proposed on the submitted drawings. (2) The proposed structures must be constructed as shown on the submitted drawings. North Carolina Beverly Eaves Perdue Governor May 4, 2009 MEMORANDUM TO: FROM: SUBJECT: SUBJECT: Applicant: Project Location: Proposed Project: NCDENR Department of Environment and Natural Resources Division of Coastal Management James H. Gregson Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett Major Permits Processing Coordinator Dee Freeman Secretary �� lb �1t � ti1ar Q � z�o� Morehead City DCM CAMA/DREDGE & FILL Permit Application Review CAMA/DREDGE & FILL Permit Application Review James T. Waddill, IV 23208 America Dr., Rodanthe By the Sea S/D, Rodanthe, Dare County Fill 404 wetlands for the construction of SFR, septic, driveway, pool Please indicate below your agency's position or viewpoint on the proposed roject and return this form by 05/25/09 to 400 Commerce Avenue, Morehead City, NC 28 If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE F--*61 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: wm.ncooastalmanagement.nel One No Carolina An Equal Opportunity 1 Affirmative Action Employer atura!!rf IF �►F� NCDENR. North Carolina Department of Environment and Natu sources Division of Coastal Management MAY 2 8 0 Beverly Eaves Perdue James H. Gregson Dee rreA�nan Governor Director Morehead C11Y DCM MEMORANDUM TO: Doug HuggeXIC r Permit Coordinator FROM: Charlan OweP, NE DCM District Planner SUBJECT: Major Permit Request by James T. Waddill, IV to fill 1,782 sq. ft. of Section 404 wetlands and construct an elevated two-story single-family dwelling, a biofiltration peat septic system, 1,582 sq. ft. of gravel driveway and parking, and a 12 foot by 24 foot pool surrounded by an 8 foot wide open deck, approximately 600 feet west of the Atlantic Ocean and east of NC 12 at 23208 America Drive, in the community of Rodanthe, Dare County. Date: May 27, 2009 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2003 Land Use Plan certified by the CRC on July 24, 2003. Overview: The subject property is a 14,592 sq. ft. vacant lot located approximately 600 feet east of the Atlantic Ocean. The property is located within an AE (Elevation 9) Flood Zone. Elevations across the property are approximately 6 feet above Normal Water Level (NWL). Approximately 4,439 sq. ft. of the site has been delineated as Section 404 wetlands. Wetland areas are located within the northwest, western, and southern portions of the site. The Ocean Hazard Area of Environmental Concern (AEC) line is located 275 feet landward of the project site. Large and small structure setbacks from the First Line of Stable Natural Vegetation (FLSNV) apply to development of the subject property. The filling of two (2) areas of wetlands, a 111 sq. ft. section in the northwest corner of the lot and a 1,671 sq. ft. area in the southwest corner of the lot, is proposed to allow for construction of an elevated two-story single-family dwelling, a biofiltration peat septic system, 1,582 sq. ft. of gravel driveway and parking, and a 12 foot by 24 foot pool surrounded by an 8 foot wide open deck. The Atlantic Ocean is classified as SB waters and is closed to shellfishing. The Division of Water Quality has issued a State Stormwater Management General Permit for the impervious areas associated with the project. The receiving waters of the Pamlico Sound are classified as SA, HQW waters. Anticipated impacts resulting from this project are expected to include: the filling of 1,782 sq. ft. of Section 404 wetlands and the disturbance of 9,709 sq. ft. of Uplands. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264.39011 FAX: 252-264-3723; Internet: www.nccoastalmanagement,net One VoCarolina An Equal Oppo tunny 1Affirmative Action Employer urally 1 North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 2 of 3 Approximately 2,958 sq. ft. of impervious surface will be installed. As indicated in the applicant's submittal, a joint application has been filed with the U. S. Army Corps of Engineers (USACOE). Wetland mitigation in the form of an in -lieu payment to the NC Ecosystem Enhancement Program (EEP) will be provided. As indicated in a letter from EEP to the applicant, upon receipt of payment the EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the Memorandum of Understanding between NCDENR and the USACOE dated November 4, 1998. Compliance with Dare County's policy that up to 25% of the mitigation should take place on site or in Dare County has not been indicated. Basis for Determination: The Dare County Land Classification Map identifies the site area as "Limited Transition". The site is within Areas of Environmental Concern (AECs) therefore the "Conservation" classification also applies. The following are LUP policies that may be applicable to this request: Wetlands: Policy #1, page 54. ' "Dare County advocates the use of existing (2002) State and Federal regulatory: . programs for protecting and preserving coastal wetland areas of environmental concern.:." Policy #2, page 54. "Dare County supports the use of mitigation for the loss of wetland areas for public purpose projects. Private development projects that proposed wetland mitigation may be supported by Dare County if such projects will serve an identified public need and/or policy of the land use plan. For both public and private mitigation projects, up to 25% of the mitigation should take place on site or in Dare County." Policy #3, page 54. "Dare County supports the U. S. Army Corps of Engineers nationwide permit program as administered in 2002. This support is based on the current scope of permitting limits on the nationwide program and not on any changes that may result in a different policy." 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1, FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer One NofthCarofina Naturally North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 3 of 3 Ocean Shoreline: Policy #4, page 55. "Oceanfront shoreline development should continue to be managed to protect and preserve the natural and recreational resources along the oceanfront. Dare County reserved the right to review, comment, advocate, or oppose any proposed regulations or programs that may affect the regulation of ocean hazards areas of environmental concern." Topographic Conditions: Policy #31, page 68. "Dare County supports as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program." Stormwater Management: Policy #33, page 70. "Stormwater runoff should be managed to the greatest degree possible to. protect r- the water quality of -the public trust waters. surrounding Dare County, particularly Class SA waters:' Residential Development: Policy #55, page 80. "Detached residential structures shall be the preferred land use in unincorporated Dare County. Although the expanding market for seasonal accommodations as structures that resemble traditional domiciles has resulted in a shortage of year- round housing, it is agreed that the policy advocating residential structures as the preferred land use shall continue." Reconstruction: Policy #68, page 89. "Dare County shall use construction standards and zoning regulations to mitigate the effects of high winds, storm surge, flooding, wave action, and erosion." 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264.3901 \ FAX: 252-264-3723 ; Internet: www.nccoastalmanagementmet One NorthCarolina An Equal Opportunity \ Affirmative Action Employer Natulla"jJ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director August 6, 2009 Mr. James Waddill PO Box 1848 Manteo, NC 27954 Dear Sir: Dee Freeman Secretary The Division of Coastal Management hereby acknowledges your July 6, 2009 request, submitted by your authorized agent, that the Coastal Area Management Act permit application for a proposed project in Dare County, be removed from DCM "hold" status. By way of this letter we are informing you that your application is no longer on Division of Coastal Management hold and processing of the application will continue which will make 150-day deadline October 9, 2009, however we will take action as soon as possible. If you have any questions concerning this matter, please feel free to contact me at (252) $08-2808), or by e-mail at daniel.govoni@ncdenr.gov. Enc Daniel Govoni Asst. Major Permits Coordinator Cc: Quible & Assoc. Brian Rubino PO Box Drawer 870 Kitty Hawk, NC 870 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastaimanagement.net An Equal opportunity \A6mnatve Action Employer NorthCarolina �aturatl� Govoni, Daniel From: Brian Rubino [brubino@quible.com] Sent: Friday, July 24, 2009 10:12 AM To: Govoni, Daniel Subject: FW: Lot 12, Rodanthe By The Sea Attachments: image001.png Daniel, Congratulations on the baby! I hope all is well with baby and mom. I am sure there is plenty of chaos at this point if it is anything like my experience. I just want to make sure you received this email below. Let me know if you need anything else on that at this time. Thanks, Brian Brian D. Rubino, P.G. Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 (252) 261-3300 office phone (252) 261-1260 fax 90 Q:. ENGINEERING • CONSULTING • PLANNING ENVIRONMENTAL SCIENCES • SURVEYING LEGAL DISCLAIMER The information transmitted is intended solely for the Individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Brian Rubino Sent: Monday, July 06, 2009 1:38 PM To: 'Daniel M. Govoni' Subject: Lot 12, Rodanthe By The Sea Daniel, The purpose of this email is to request that the project referred to as Lot 12, Rodanthe By the Sea (owner: James T. Waddill IV) be reactivated so that the LAMA Major review can resume. Please let me know if you need any additional information from me to get this project off -hold. I have received the 401 Certification for this project and I will scan and email that to you in case you have not received a copy. Thanks, Brian Brian D. Rubino, P.G. Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 (252) 261-3300 office phone (252) 261-1260 fax ENGINEERING • CONSULTING • PLANNING DwI9oNuENTA1- SCIENCES • SURVEYING LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 Ronald Renaldi NC Division of Coastal Management 1367 US 17 South Elizabeth City, NC 27909 March 26, 2009 NAR RATIVE/TRAN SM ITTAL RE: James T. Waddill, IV Lot 12, Rodanthe By the Sea Rodanthe, Dare County, North Carolina CAMA Major Permitting Ron, MAR 3 0 2U[ff l 1` iAtNAGR4-l- f�4befh�CiPy P.O. Drawer 870 Nltly Hawk NC 27949 Phone: 252-261-3300 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassite[ C.E.P. Eduardo J. Voldivieso. P.E. ASSOCIATES Joseph J. Anlaut P.E. Katherine C. Morchello, P.L.S. I appreciate your preliminary review of this project. The necessary amendments have been made to the application package and the enclosed represents a complete application package. This project involves a single lot on America Drive in Rodanthe, Dare County owned by James T. Waddill, IV. The subject property is referred to as Lot 12, Rodanthe By the Sea. The lot area is 14,592 sq.ft. Of the total lot area, there are 10,153 sq.ft. of uplands and 4,439 sq.ft. of Section 404 non -riparian wetlands. The Section 404 wetlands have been delineated by Quible and field -confirmed by USACE on May 28, 2008. When the signed delineation plat is provided, I will provide DCM a copy as requested. There are no coastal wetlands on the property. This was re -affirmed by you on January 15, 2009. The property lies within the Ocean Hazard AEC. The annual erosion rate in this area is 11.5 ft/year, measured from the First Line of Stable Natural Vegetation (FLSNV). The FLSNV was established by DCM in May 2008 and this line was re -confirmed to be in the same location on January 15, 2009. The small structure setback runs through the property as depicted on the accompanying site plan. The proposed work involves single family residential construction that includes a house, on -site septic treatment system, pool and driveway. This proposed work is similar to many of the nearby and adjacent lots. In order to provide sufficient space for the septic system due to Dare County Health Department wetland setback requirements, and for upland development siting, a small area of Section 404 (non -coastal) Wetlands are proposed to be filled. The amount of Section 404 wetlands to be impacted is 1,782 sq.ft. (0.04 acres). Because of the wetland impacts, this is to be a joint application with USACE and will require mitigation in the form of an in -lieu payment to the NC Ecosystem Enhancement Program (see enclosed EEP acceptance letter). Enclosed are the following: $400 Processing fee check MP-1, MP-2, MP-3 AEC Hazard Notice • Agent Authorization Form • Proposed Site Plan • USGS Vicinity Map • Letter to Adjacent Owners • NCEEP Acceptance for Compensatory Mitigation • Dare County Improvement Permit for on -site septic treatment • Property deed I will provide the certified mail receipts as soon as they are returned. The authorized agent for this project, Brian Rubino, can be reached at (252) 261-3300 or brubinoQguible.com throughout this review process. Sincerely, Quuiib-lee,&As�so^ciattes, P.C. 'V, ` 1 _ Brian Rubino James T. Waddill, IV Dom MP-1 ;- .... APPLICATION for '-' '+' `;;aid 3 0 2UL Major Development Permit .':)-rsAN{ sEi'dI lYfi >lizak�eth - ry (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/Landown`er`-Information ,• ; . Business Name Project Name (if applicable) Lot 12, Rodanthe By the Sea Applicant 1: First Name James MI T. Last Name Waddill Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 1848 City Manteo State NC ZIP 27954 Country USA Phone No. 252 - 423 - 0469 ext. FAX No. Street Address (if different from above) City State ZIP Email jaywaddjll@aol.com 2 Agent/Contractor tnfarmahon 4 F Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 - - ext. - - ext. FAX No. Contractor p Street Address (if different from above) City State ZIP 8 Juniper Trail Southern Shores NC 27949 - Email brubino@quible.com <Form continues on back> 252-808-2808 :: 1.688-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) �° APPLICATION for ti ECE vu C DFRI,a Major Development Permit 0 10 3. Project Location-`N3Z�Z1fAy:�GSPiizii@ County (can be multiple) Street Address _ - `' State Rd. # Dare 23208 America Drive Subdivision Name City State Zip Rodanthe By The Sea Rodanthe NO 27968 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. Lot 12, 1 1 , a. In which NO river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Atlantic Ocean and Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Ocean and Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ❑No work falls within. Dare County Unincorporated Zoning Jurisdiction 4 Site bescription a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A 14,592 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 14,592 sq.ft., NWL (normal water level) (if many lot sizes, please attach additional page with a list) 6 feet ❑NHW or ®NWL e. Vegetation on tract Upland: Ammophila brevigulata 404 non -coastal Wetland: Spartina patens, Morelia cerifera, Juncus roemerianus, Hydrocotyle umbellata I. Man-made features and uses now on tract None g. Identify and describe the existing land uses adjacent to the proposed project site. Single family residential h. How does local government zone the tract? j. Is the proposed project consistent with the applicable zoning? S-1 (Special District) (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No []NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net ' Form DCM MP-1 (Page 3 of 4) APPLICATION for n. Q1 V%P' Major Development Permit ' ` 1') o n m. (i) Are there wetlands on the site? V `J ®Yes ❑No idJ?MiiyGidiciy,j (ii) Are there coastal wetlands on the site? �, QbQ)Il t j(?f []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes [:]No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. There are no existing wastewater treatment facilities. An on -site septic treatment system has been designed by Quible and permitted by Dare County Health Dept. (copy of permit enclosed). o. Describe existing drinking water supply source. Dare County Water Distribution service available p. Describe existing storm water management or treatment systems. vegetative filtering 5 ',Activities ad, Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. one single family residence 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. Pile auger, back hoe, loader/excavator, ladder, hammer, lunch boxes; storage on -site or at equipment owners' property d. List all development activities you propose. house, driveway, pool, on -site septic system e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What is the approximate total disturbed land area resulting from the proposed project? 113491 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA I. Is there any mitigation proposed? ®Yes []No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-80B-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) VC op,P roI.APPLICATION for 3 3 0 -, LLLJ Major Development Permit 6. Additional Information Elizabeth jh/ In addition to this completed application form, (MP-1) the following items below, if applicable, must a submitted in order for the application package to be complete. Items (a)'- (n are always applicable to"any major developmentapplication. Please consul the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims 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. NameJ,ATAAW, LLC E - - "Phone No 'Address 3416 Burgh Lane Edgewater, -MD 21037 Name John Meekins Phone No. Address P.O. Box 12773, Norfolk, VA 23541 Name':r ,Phone No - y Address G 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 oragent authorization form, if applicable. i. Wetland delineation, if necessary. I. 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 th 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 3(Ze109 Print Name _T>riArt tZA6 to`ziovc� Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 252.808-2808 .. 1-888.4RCOAST .. www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 7`CSE ED %iC E^:u ? 3 0 &:l>J �:'�w'.1Ji.`-',= r�F1.5.1>7.t;'.=1i✓itl\13' ;:11ZClbeoh Cia/ 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 2 areas of wetland fill Width 1,782 sq.ft. total Avg. Existing NA NA NA- wetland Depth a fill Final Project NA NA NA- wetland Depth fill a. Amount of material to be excavated from below NHW or cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (if) Describe the purpose of the excavation in these areas: 2 r D/SROSAL OF,EXCAVATED MATERIAL � a. Location of disposal area. c. (i) Do you claim title to disposal area? []Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards. disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No []NA (ii) If yes, where? I. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Pill, Page 2 of X- 3. SHORELINE STABILIZATION, ®This section not applicable (if development redwood wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other:_ Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance walerward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill _ Other 1. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4 :OTHER. FILL"ACTIVITIES " ❑This section not apphcable; (Excluding%Shoreline Stabfhzahon� „ " v ` , 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, (if) Amount of material to be placed in the water none (iii) Dimensions of fill area Area to receive fill is 11,491 sq.ft. (iv) Purpose of fill To meet required setbacks for the on -site septic treatment system, for the system itself and for residential construction, including the house pad. a. - How will excavated or fill material be kept on site and erosion controlled? silt fence will line the limits of wetland fill and the site will be seeded promptly after filling occurs c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. svunroryeu dyuduc vnydiauvu torwt, miuu uvuviu tou), v, other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB OWL 1,782 sq.ft. ❑None (ii) Describe the purpose of the fill in these areas: residential construction (see 4.a of this section) : � r v, b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? backhoe d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanacgement.net revised: 12/26/06 FI".. L1F? ro Form ®CM MP-3 3 0 6r UPLAND DEVELOPMENT ..,=.°Ajr�✓;PVT ciizSrberh Illy (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please.include all supplemental information. GENERAL UPLAND DEVELOPMENT : a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. One one c. Density (give the number of residential units and the units per acre). One; (equates to 3 units per acre) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes []No ®NA (I) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A; Ocean Hazard AEC area i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. ' 20.3% j. Describe proposed method of sewage disposal. On -Site septic treatment system (see enclosed Dare County Health Dept. Improvement Permit, dated 1-26-09. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). None d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 11,491 sq.ft. I. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for Impervious surfaces. Compacted gravel and two roof structures h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (I) Has a site development plan been submitted to the Division of Water Quality for review? []Yes []No ®NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. 252-808-28082 :: 1-888.411COAST :: www.nccoastalmanagement_net revised: 12/26/06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Dare County Water Distribution System o. When was the lot(s) platted and recorded? May3,1976 n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes []No ®NA 3 ZGL; iizpf etfi/ ip`t volir 252-808-2808 :: 1-888-4RCOAST :: www.necoastatmanpAgment.net revised: 12126/06 aC DF"n AEC HAZARD NOTICE''' o �`� �r1�[,.i7 I;fF',1�51rclJitfVy :,Ii�pketll ci(•j Pyoject Is In An: ✓ Ocean Erodible Area _ High Hazard Flood Area _ Inlet Hazard Area Date Lot Was Platted: mm 1'iib This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's niles onbuildingstandazds,oceanfront setbacks and dune alterationaredesigned tomintmize,but te,Closs from hazards. Bnpotremiitms,inthproprtyesour es'Commissiony dnogt guarantee the safety of the development and assumes no liability for future damage to the development. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual ocean erosion rate for the area where your property is located is t1. S feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also Indicate that the shoreline could move as much as 3 S feet landward in a major storm. The flood waters in a major s torm are predicted to be about feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary devices, including sand bags, may be allowed under certain conditions. This structure shall be relocated or dismantled within two years of becomingimaunently threatened. The applicant must acknowledge this information and requirements by signing this notice In the below space. Without the proper signature, the application will not be complete. App ' n s Signature 2I19109 Date SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December31 of the third yearfollowing the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer will determine the vegetation line and setback distance at your site. If theproperty has seen little changeand theproposed development can still meet the setback requirement, the LPO will inform you thatyou ma yy be�gin work. It is impot- tant that you check with the LPO before the ppeermit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal may not be necessary. If substantial progress has not been made, the permit must be renewed and a new setback line established. It is unlawful to continue work after permit expiration without this approval. For more information, contact: MQ Shut AASA13_1 Local Permit Oftker P.O. (90a 1000, MAcuTBO,ac- 2295U Address 0A2e t'a.4AvTY# J4M(-Vt.02.P6'2ATh0 Locality Phone Revised 11193 James T. Waddill, IV P.O. Box 1848 Manteo, NC 27954 r� dn Ia1T5enme iit PROGRAM February 12,2009 Expiration of Acceptance: November 12, 2009 Project: Rodanthe By The Sea Lot 12 County: Dare The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also comply alLother state. federal or local This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non -Riparian Coastal Marsh Impact Pasquotank 03020105 0 0 0 0 0.04 0 0 0 Credits Pasquotank 03020105 0 0 0 0 0.08 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973. Sincerely, William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Tom Steffens, USACE-Washington Kyle Barnes, NCDWQ-Washington Brian Rubino, agent File kutori.itg... EKAw dAg... Protecting oar.ft-&& OW-k North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net �$SY Improvement Permit o • 9 71TI.. ' County of Dare 16943 PO Box Drawer 1000 : 0 L Manteo North Carolina 27954 °RT" Ana° a Phone: (252) 475-5080 Il�pl��l{1 Cih1 DARE COUNTY DEPARTMENT OF PUBLIC HEALTH An Improvement Permit (IP) issued pursuant to this application is not affected by change in ownership provided the site and wastewater characteristics remain unchanged. An IP issued with a plat is valid without expiration. An IP issued with a site plan is valid for 60 months from the date of issuance. PIN: 065917014199 Parcel: Owner Name: WADDILL, JAMES T IV Owner Address: PO BOX 1848 MANTEO NC 27954 DBA: -- Location: 23208 AMERICA DR Subdivision: RODANTHE BY THE SEA Category of System: Type of Tank: Type of System: Amount of Tile (feet): Rock Under (inches): No. of Bedrooms: Sleeping Capacity (persons): Type of Water: Feet from Water Supply: FeetTrom Property Line: New Precast Type V-D 012515000 Permit#:16943 Permit Date: 1/26/2009 Comm / Res: Residential Owner Phone: (000)000-0000 LotBlockSect: Lot: 12 Blk: Sec: Size of Tank: Width of Ditch: Rock Above (inches): 8 Gallons per Day: Public Previous Permit#: 10 Feet from Body of Water: 15 Feet from Building: 1,000 22x22.5 0 480 35 Comments: IW W-98-1-R3. ALL OF THE OTHER REQUIRED DOCUMENTS MUST BE SUBMITTED AND THE SITE WORK MUST BE APPROVED BEFORE THE AWSC PERMIT IS ISSUED. SYSTEM MUST BE INSTALLED AS DESIGNED BY JOE ANLAUF PE 26980. Note: This Permit is issued subject to all provisions of the ordinance governing the installation of septic systems. The person making the installation must notify the Health Department when the septic tank system is ready for inspection. If any septic tank system or part thereof is covered before being inspected and approved, it shall be uncovered at the direction of the Health Officer at the expense of the one responsible for making the installation. IPR Sewer P t Fee: �400 1/26/2009 01 Date KNEW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 30; 2009 Mr. James Waddell, IV PO Box 1848 Manteo, NC 27954 Subject Stormwater Permit No SW7090213 ; Rodanthe By The.Sea Lot 12 General Permit Single Family Residence We County': Dear.Mr. Waddill: In accordance with your application to be covered Upderthe State Stomiwater 13eneral Permit for -Sin le,Famlly Residences, received on, Februa ;20' 2009 we are forwarding herewith the g w subject C6 , iicate'of Coverag6'M rhber SW70902 3 to construct, operate and.t aintam cinnlo family raciricnrtea i iriNar the cnhiarf"C aKiLm Parma STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT GENERAL PERMIT NO. SWG010000 CERTIFICATE OF COVERAGE NO. SW7090213 Z N Z Beveridge, Robin From: Carver, Yvonne fyvonne.carver@ncdenr.gov] Sent: Thursday, May 07, 2009 4:07 PM To: legals@thecoastlandtimes.net Cc: Sebastian, Melissa; Jennings, Frank; Robin Beveridge Subject: Public Notice: James T. Waddill & Marshes Light, LLC TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals(a,thecoastlandtimes. net FROM: Yvonne Carver for Ron Renaldi & John Cece DATE: 05/07/09 SUBJECT: Public Notice: James T. Waddill & Marshes Light, LLC Please publish the attached Notice in the Thursday, 05/14/09 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 Arthur Stadlem, c/o `Mehsaa 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 File NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that applications were received for development permits in AECs designated under the CAMA. James Waddill proposes to fill 404 wetlands to construct a residence and pool at 23208 America Drive in Rodanthe; Marshes Light, LLC proposes to expand an existing marina located at Salty Dawg Lane in Manteo, 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 James Gregson, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 06/03/09, will be considered in making the permit decision. Project modification may occur based on review and comment by the public, state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Thursday, 05/14/09 yvonne B. Carver NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 231 2S2-264-3723 (fax) Please note change in email address: Yvonne.Carver@ncdenr.¢ov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that applications were received for development permits in AECs designated under the CAMA. James Waddill proposes to fill 404 wetlands to construct a residence and pool at 23208 America Drive in Rodanthe; Marshes Light, LLC proposes to expand an existing marina located at Salty Dawg Lane in Manteo, 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 James Gregson, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 06/03/09, will be considered in making the permit decision. Project modification may occur based on review and comment by the public, state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Thursday, 05/14/09 Yvonne B. Carver NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252.264-3901, ext. 231 252-264.3723 (fax) Please note change in email address: Yvonne.Carver@ncde.nr.¢ov E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Division of Coastal Management Application Processing Notes Applicant: Type: (check 1 that apply) NEW MAJOR MOD_ MINOR MOD_ RENEWAL_ TRANSFER r Permit Coordinator:ylJi Field Representative: Date/Time Message Govoni, Daniel ' From: Brian Rubino [brubino@quible.coml Sent: Monday, June 01, 2009 9:40 AM To: Govoni, Daniel Cc: Bland, Raleigh W SAW Subject: Lot 12, Rodanthe By the Sea Daniel, Please place the CAMA Major project referred to as Lot 12, Rodanthe By the Sea (James T. Waddill) on hold. I would expect that we will be able to resume the permit processing in the near future. Thanks, Brian Brian D. Rubino, P.G. Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 (252) 261-3300 office phone (252) 261-1260 fax Quible-50th-Anniversary-Logo LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. 1 North Carolina Beverly Eaves Perdue Governor Mr. Brian Rubino Quible & Associates, PC P.O. Drawer 870 Kitty Hawk, NC 27949 Dear Mr. Rubino: NCD NR Department of Environment and Natural Resources Division of Coastal Management James H. Gregson Director May 1, 2009 Dee Freeman Secretary The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of James T. Waddill, IV for State approval for development of his property located at 23208 America Drive, Rodanthe, Dare County. It was received complete on April 14, 2009, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 28, 2009. 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 April 14, 2009, 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. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 % FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal opportunity l Affirmative Action Employer Nne orthCarolina Natura!!y t Mr. Brian Rubino May 1, 2009 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 me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Ron Renaldi Coastal Management Representative RR/yc Enclosure cc: 'Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Frank A. Jennings, III, District Manager, DCM, Elizabeth City, NC James T. Waddill, applicant, Manteo, NC NoTI(01$ I 4gA CAMA PERMIT APPLIES FOR COMMENTS ACCEPTED THROUGH s AI APPLICANT: - P•z) t3ax lK`!9 ix 4 2.7g5y 5a -y;E3- oqco] /` FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: - D7vis Y C',..mN ..ni• I3 (0 7 " s I-FvY f"7 So• -�L� 2- 2 c. %i — 3 S 4 1 . c 'c -%-. 2. 3 Z Carver, Yvonne From: Carver, Yvonne Sent: Monday, May 04, 2009 4:11 PM To: Sebastian, Melissa; 'Ronda Bennett' Subject: MAJOR Public Notice: James T. Waddill For your review, consideration and approval from Jim Gregson and OSBM (it is understood that the dates reflected in the correspondence posted below are subject to change): EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 leg alsPthecoastlandtimes net FROM: Yvonne Carver for Ron Renaldi DATE: 05/01 /09 SUBJECT: Public Notice: James T. Waddill Please publish the attached Notice in the Sunday, May 10, 2009 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 Arthur Stadiem, c/o 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" - File r-n NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR 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 04/14/09. According to said application, James Waddill proposes to fill 404 wetlands to construct a residence and pool at'23208 America Drive in Rodanthe, Dare County. A copy of the entire application may be reviewed at the office of Ron Renaldi, Representative of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 264-3901 during normal business hours. Comments mailed to James Gregson, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 05/30/09, will be considered in making the permit decision. Project modification may occur based on review and comment by the public, state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, May 10, 2009 (NOTE: dates may change depending on approval from Morehead City & OSBM) Yvonne B. Carver NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 2S2-264-3901, ext. 231 2S2-264.3723 (fax) Please note change in email address: Yvonne Carver(&ncdenr.sov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legais@thecoastlandtimes.net FROM: Yvonne Carver for Ron Renaldi DATE: 05/01 /09 Dee Freeman Secretary SUBJECT: Public Notice: James T. Waddill Please publish the attached Notice in the Sunday, May 10, i2009 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 Arthur Stadiem, IV Melissa Sebasti, 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 File 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723; Internet: www.nccoastalmanagement.net NonrthCarolina An Equal Opportunity \ Affirmative Action Emoloyer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR 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 04/14/09. According to said application, James Waddill proposes to fill 404 wetlands to construct a residence and pool at 23208 America Drive in Rodanthe, Dare County. A copy of the entire application may be reviewed at the office of Ron Renaldi, Representative of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 264-3901 during normal business hours. Comments mailed to James Gregson, Director, DCM, 400 Commerce Avenue, . Morehead City, NC 28557, prior to 05/30/09, will be considered in making the permit. decision. Project modification may occur based on review and comment by the.public, state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, May 10, 2009 (NOTE: dates may change depending on approval from Morehead City & OSBM) FROM : FRX NO. : 252-490-2925 May. 29 2008 09:31RM P1 May 21. 2008 RE: James Wadill Hatteras Island Properties 0 :. ... �a 246 As owner/manager of the properties listed below, I authorize Quible A Associates, P.C. and US Army Corps of Engineers to enter the property for the purpose of Jurisdictional detemtinatlons relating to Section 404 wetlands and Waters of the US. Quible d, Associates, P.C. is also authorized to act as agent on my behalf for the purpose of any environmental permits required including USACE, DWQ and CAMA permits. Properties: • Lot 1 Bayduns Subdivision, Hatteras Village • Lots 11 and 12, Hatteras By the Sea, Rodanthe • Lot 13, Chicamacomico Beach, Rodanthe j Ft Ia6 BOON: 1634 Pape: 421 D.. 16; 6170815 06/0612006 06:02PM Rae.let M: 142125 0.. D66.: DEED NC Exoin T.x Ad: 3110.00 BARBARA M MAY. REGISTER OF DEEDS DARE CO, NC Illfllllll'IIIIIIIIIIIII�III�IIIII�II�IIII pill IIIIIN ae°a06imme as:mar PREPARED BY AND RETURN TO: McCown & McCown, P.A. '�`�"++••L' `':.: 300 Sir Walter Raleigh Street Manteo, NC 27954 TAX NO: 3846-05 TAX; $550.00 Excise Tax: $110.00 NORTH CAROLIN)y CQ}IV I7 ;OF DARE for RRAL ar'4 TRANSFBR @ PARCEL #012515-000 By The Sea WARRANTY DEED 3 0 L�..J �_•M1n y..11� tyre r"•1 ...G r_ THIS DEED OF GIFT made this the 14 day of 314L_, 2005, by and between JOHN ALEXANDER MEEKINS, unmarried, Grantor, of PO Box 12773, Norfolk, VA 23541, and JAMES T. WADDILL, IV and wife, COLETTE B. WADDH.L, Grantee, of PO Box 1848, Marten, NC 27954; . , The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural; masculine, feminine or neuter as required by context. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Village of Rodanthe, Kinnakeet Township, Dare County, North Carolina and more particularly described as follows: r 3• v Lot 12 of that subdivision known as Rodanthe By The Sea, as shown on map or plat thereof, recorded in,Mpp Book 9 at Page 33, Office of the Register of Deeds of Dare County, North Carolina. ` The Property hereinabove described was acquired by Grantor by instrument recorded in Book 1388 at Page 377. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Easements and restrictions of record. IN WITNESS WHEREOF, the Grantor has "r2::: tito set,his hand and seal, the day and year first above written. . ,.. .. Meekins II�III III IIIII II'I IIII6170516 06I0012 05 06:02P I, a Notary Public of the County and State aforesaid, certify that John Alexander Meekins, unmarried, personally came before me this day and acknowledged the execution of the foregoing instrument. ,,,,, "" � Witness my hand and seal this the day of IIµ�L, 2005. fA ,.,.n^•""'r,::,, Not OOPublic �� ::•:•4S '�Lt 'IPSEAL) My commission expires: M&LAA,4. d,o G is/are certified to be cdD1r act. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. �( �/� REGISTER OF DEEDS FOR DARE COUNTY BY: lXl t•�siSIYQff� DEPUTYIABSI~TREGISTEROFDEEDS MAJOR PERMIT FEE MATRIX Applicant: VV Ad� 111 , -30, o -S T 'W Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (243001602 435100095 2341) Private, non-commercial velopment that does not $250 100% ($250) 0% ($0) volve the filling or cavation of any wetlands nexcavation open water areas: Public or commercial velopment that does not $400 100% ($400) 0% ($0) volve the filling or cavation of any wetlands o en water areas:. For development that volves the filling and/or of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a lies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality r:o% Certification No. 3490 (See attached can be a lied: 111(B). Public or commercial development, if General $400 100% ($400) ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or life:l. If General Waterlity Certification No. $400 60%($240) 40%($160) Paquatic 0 (see attached) cannot lied:or development that❑lves the filling and/or $475 60%($285) 40%($190) avation of more than one acre of wetlands and/or open water areas: cy 0 Quible tig59 5 S 2�9 Quible & Associates, P.C. �.. , P.O. Drawer 870 l0v Hawk NC 27949 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 CERTIFIED MAIL March 26, 2009 JATAAW,LLC 3416 Burgh Lane Edgewater, MD 21037 RE: CAMA Major Permitting for Lot 12, Rodanthe By the Sea Rodanthe, Dare County, NO Sir/Madam: GIJIi�i :ii�a?�6fft L:ii=, th Phone: 252-261-1300 Fax: 252-261-1260 PRINCIPALS Soon C. Boyle. P.E. Joseph S. Los0ei C.E.P. Eduardo J. Valtl'Meso, P.E. ASSOCWES Joseph J. Antaut P.E. Katherine C. Morchello, PLS. As adjacent property owner to the above mentioned lot owned by James T. Waddill, IV., it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed residential development that requires CAMA Major Permitting. The actual adjacent lot to Lot 12 is Lot 11, also owned by Mr. Waddill. This permit request does not include construction on Lot 11. If any development on Lot 11 is to occur, a separate CAMA Permit will be applied for, and you will be notified of that as well. As depicted on the accompanying site plan, the applicant proposes to permit a single family residence, on -site septic treatment system, pool, and driveway. This residential construction includes 0.04 acres of Section 404 wetland impacts. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NO 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Ron Renaldi, NCDCM, 1367 US 17 South, Elizabeth City, NO 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection Sincerely, Quible and Associates, P.C. am 1 Brian Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments '4 tv'I 1. Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 CERTIFIED MAIL March 26, 2009 John Meekins P.O. Box 12773 Norfolk, VA 23541 RE: CAMA Major Permitting for Lot 12, Rodanthe By the Sea Rodanthe, Dare County, NC Mr. Meekins: �3 P.O. Drawer 870 Ktty Hawk, NO 27949 Phane:252-261-3300 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdivieso. P.E. .' ���; �'."`•- ASSOCIATES 1t7r_Axitl7l Joseph J. Anlauf. P.E. - Katherine C. Marchello, P.L.S. As adjacent property owner to the above mentioned lot owned by James T. Waddill, IV., it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed residential development that requires CAMA Major Permitting. The actual adjacent lot to Lot 12 is Lot 11, also owned by Mr. Waddill. This permit request does not include construction on Lot 11. If any development on Lot 11 is to occur, a separate CAMA Permit will be applied for, and you will be notified of that as well. As depicted on the accompanying site plan, the applicant proposes to permit a single family residence, on -site septic treatment system, pool, and driveway. This residential construction includes 0.04 acres of Section 404 wetland impacts. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Ron Renaldi, NCDCM, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. 1�V1 Vim` Brian Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments QUIBLE & ASSOCIATES, P.C. 8 Juniper Trail P.O. Drawer 870 KITTY HAWK, NC 27949 (252) 261.3300 FAX (252) 261-1260 TO f\ L)A) r<CJVAti-p NC 0CM dC�44C�L� OCR 4 a [til��]�44LQd DATE $ Oq JOB NO. 0%61 � ATTENTIO R 1 !� Lvl- �2 (L& DAnj f t-kc Qy -T"c se WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. l v Complete items 1, 2, and 3. Also complete ILA,its 4if Restricted Delivery Is desired.ri t your name and address on. the reverseo hat we can return the card to you. ch this card to the back of the. mailpiece, or on the front if space permits. Article Addressed to: r D. Is delivery addre4dHfer "from Rem It YES,. enter delivery;eddress below: APR 14 J0Z9 U 1 ( r �I V,[ 3. Service Type 13 Certified 13 Express Mail ail ❑ Registered ❑ Return eipt for ❑ Insured Mali ❑C.O.D. 4. Restricted Delivery? (Extra Fee) Article Number (Ransrer /mrri service; Form 3811, February 2004 u 7007 1490 0000 7364 1245 Domestic Return Receipt DESCRIPTION SDYY'1U l G/1 ❑ Agent (D 0 FI COPY TO SIGNED: _ S If enclosures are not as noted. kindiv notlrr F] LJ 6 O O C3 LA .-D O t7 ' O w. 0 7Q1 ❑ ❑ n 1 'S j 70 C Lu 6 N 6 4 F R���z x tom' ❑❑❑` ru to od O 71 @ Q 6 O g� v b 3 m � v ❑ 3 g o>a v-'O o y�o 'i.30 3 Mr- o 1m O C1 n y N N a.as 0 »N N Er d j 3 a O N H 5 O0O. 0 O 0 M Beveridge, Robin From: Carver, Yvonne [yvonne.carver@ncdenr.gov] Sent: Thursday, May 07, 2009 4:07 PM To: legals@thecoastlandtimes.net Cc: Sebastian, Melissa; Jennings, Frank; Robin Beveridge Subject: Public Notice: James T. Waddill & Marshes Light, LLC TO: Susan Simpson The Coastland Times Manteo, NC 27954 Iegals(a)thecoastlandtimes. net FROM: Yvonne Carver for Ron Renaldi & John Cece DATE: 05/07/09 SUBJECT: Public Notice: James T. Waddill & Marshes Light, LLC Please publish the attached Notice in the Thursday, 05/14/09 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 Arthur Stadiem, c/o 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 File NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that applications were received for development permits in AECs designated under the CAMA. James Waddill proposes to fill 404 wetlands to construct a residence and pool at 23208 America Drive in Rodanthe; Marshes Light, LLC proposes to expand an existing marina located at Salty Dawg Lane in Manteo, 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 James Gregson, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 06/03/09, will be considered in making the permit decision. Project modification may occur based on review and comment by the public, state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Thursday, 05/14/09 Yvonne B. Carver NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 231 252-264-3723 (fax) Please note change in email address: Yvotme.CarverC@ncdenr eov E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties. 2 Blue Sea 1 IRd A A, 5 4 3 2 1 Pam& 2� L 5 4 3 2 1 LME TAE LE LIW LB167N AE4045 L1 11.16, 5 23'4048' EE L2 13b1' 5 61'224C' E L3 0.42' 5 44'1454' N L4 47.,U' N 7459LV72' h L5 22.77' 510'L?41'N L6 2%90' 5 34W25' N L7 31.43' 512'43Y12' N L.8 56.75' 5001S690'E L4 2%or 5131xw,N L10 34.70' 5 75'23M' E L11 30A4' N W'15W' N� L/2 6.41'1 S 25'3057' N c� reo Ct m h ti v Ns m cp, s�� ay h Honor Corbina4WSe,or WImble Myrna ea Oats Dr Surfslde Dr G A SITE Z • Z r • ZZ W m! w = n^E 41 I/) N N tot U 2 U iA • vI w CD Z '1t 7L Q ; o� w Q� �z =w° a a •� OUN d,nE r • -� CO t o •'ml� H Z • N 0 z w n „w E v a: m in L1n4 w W O av ZOftlJ Z_ �_ o [> > W W a a i /-JIHf�I JILI !"CIYVL / P.O. BOX 1848 \ `p2 //.................................. MANTEO, NC 27954 2. ENGINEER: QUIBLE & ASSOCIATES, P.C. P.O. DRAWER 870 / / PROPOSED :. KITTY HAWK, NC 27949 WATER METER / 1� / / / / h•.... .ir 3. PIN NUMBER: 0659-17-01-4199 \ """"""' wl .... 4. RECORDED REFERENCE: M.B. 9, PG. 33 DCR (RODANTHE BY THE SEA) 5. PROPERTY IS CURRENTLY LOCATED IN F.I.R.M. ZONE AE (EL 9.0') NAVD '88 \ ` , . -..'.' ' ' ' W.'.'.'.'.'.'.'... (SUBJECT TO CHANGE BY F.E.M.A.) • • • • • .. .... .• - / ....!... fid 6. PARCEL AREA: 14,592 SF (TOTAL LOT AREA) ... 10,153 SF (UPLANDS) ` ij •,,, /� .'.'.'.'.'.'.'.'.'.'.'.'.'.'. (1,782 SF WETANDS PROPOSED TO BE FILLED) / �C� OE ............P... / \ `r>✓�..:........................•.............. 7. SITE ZONING: S-1 (SPECIAL DISTRICT) - Y 14 2�4,ji \ ............................................. /� 8. SEPTIC SYSTEM: /;,. , ,,....... iI.ANAI ... / �at<, EP�iEiS� ACTIVE SYSTEM: \ . ,.......'.'.'.'.'.'.....'.'.'...'.'................... / LEGEND iic�4�eth Gi1•j 1) DESIGN FLOWN•', ..:.... 8 PERSON SLEEPING CAPACITY 0 60 GPD / PERSON = 480 GPD , • • • ; ;•;•;•:•;•:•::•:•'•'•'•:•; ; ; : ;•:::•:•:::::: : ::::::::: ' ::Op� �11 2) LONG TERM APPLICATION RATE (LTAR): ACTIVE = 1.0 GPD/SF / ,•. 3) DISPOSAL ACTIVE: PURAFLO BIOFILTRATION SYSTEM = 480 SF (REDUCTION IN SETBACKS UTILIZED} �/ """' , , • , • • , . , , , , , . • • , ...... , . / EXISTING ASPHALT ............................................. / ......... 945 RULE NO REPAIR AREA SHOWN) / v 9. UTILIZE 15A .1 ( / 10. COVERAGE PROPOSED IMPERVIOUS COVERAGE // / %...'.'.'.'.'.'.'.'.'.'.'.'....'. ' ' ' ' : ' HOUSE(ROOFED AREA)............................................................................................... 1,376 SQ.FT. �' tu' GRAVELDRIVEWAY....................................................................................................... 1,582 SQ.FT. TOTAL = 2,958 SQ.FT. j / / 11. TOTAL DISTURBED AREA: 11,491 SQ.FT. / / GRAPHIC SCALE 20 0 10 20 40 IN FEET ) 1 inch = 20 it. FLOOD ZONE INFORMATION TAKEN FROM "' •• A 'FIRM FLOOD INSURANCE RATE MAP" PANELS 0659J. FLOOD ZONE LINES //// EX15TIN6 LOT 5tRVEY AND PE7LAR95 A5 5MV YED BY hH.. WERE DIGITIZED USING VECTOR DATA FROM / / ,,,,,` / / i h1�KJN5 ,R * A550C, JNG ON 4122106 JAB# RODwww.neflos.com WITH A VERTICAL DATUM -7/3-08 �,, ��% \ / NAVD 88.odmFLOOD ZONE INFORMATION DOES NOT GUARANTEE 100% ACCURACY. FLOOD ZONE ON PLANS TO BE USED FOR THE CONSTRUCTION/ EXISTING WETLANDS TO BE FILLED (1,671 SQ.FT. TO BE FILLED UNDER NATIONWIDE 18 PERMIT) SILT FENCE QW WATER METER O f/p EXISTING IRON PIPE o fC'f EXISTING CONCRETE MONUMENT D 4�9/Z009 11:21 AM / LICENSED SURVEYORALL BE DETERMINED BY A %/ INSTALLATION OF THE WASTEWATER SYSTEM ONLY. WETLAND POINTS (PER SURVEY) DRAWING FILE: PO8017-CAM&DWG PLOT SCALE: t0 5E a�ociOM Q fdn oci a—ciow N 41 as a' tlL m0 0 ix 15zo ,y w o a -5 =43%�nt7o��s~ o� �o m vim& Q05 a V) O a V) � 5 it 0 w o w a x v z 0 w �sS ril 0 0 � a a a Q U -I"I"I I I I Iz COMMISSION NO. P08017 DESIGNED BY JJA,TAS DRAWN BY TAS AZ CHECKED BY BDR,JJA ISSUE DATE 12/23/08