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HomeMy WebLinkAbout109-18 Britt Real EstatePermit Class NEW :. Permit Number 109-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Britt Real Estate, LLC., PO Box 12085, Raleigh, NC 27605 Authorizing development in Hyde County at Wallace Canal off Kitty Creek, at 739 Swamp Rd. in Engelhard , as requested in the permittee's application dated 7/11/18, including attached workplan drawings (3), all dated 7/11/18. This permit, issued on October 3, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation a these terms may be subject to lines, imprisonment or civil action; or may cause the permit to be null and void. Agricultural Drainage System 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the installation of the agricultural drainage system, including the culverts and tide gates, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any other work or development proposed in an Area of Environmental Concern shall require a review and authorization from the Division of Coastal Management prior to work commencing. 2) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina' Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. v t� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Estate, LLC. ADDITIONAL CONDITIONS General Permit No.109-18 Page 2 of 2 This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the ;'permitted activity without having it transferred to a third party. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2018-01718) issued 9/24/18. The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 18-1189. CE: Future development of the pemuttee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal high/low water level unless specifically exempted by -Environmental Management Commission's (EMC) Tar Pamlico River buffer regulations in place at the time of such development. An application processing fee of $250 was received by DCM for this project. Coastal Management ENVIRONMENTAL QUALITY Britt Real Estate LLC James Britt PO Box 12085 Raleigh, NC 27605 Dear Mr. Britt: ROY COOPER (<(� Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS October 3, 2018 Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Dougl V.Huggett Major Permits Manager N.C. Division of Coastal Management State of North CaroOna I EnAronmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Qty. NC 28557 252 808 2808 DCM Coordinator:. 3oZ�.`I Ak Permit MAH.ING DISTRIBUTION SHEET 27Gc�� Permittee: �n f� Req ( 1:54, F, t L.L Po agc ( zoa;— 4" e 4 -06 I ( DCM Field Offices Elizabeth City Morehead City "Washington Wilmington US ACOE Offices: Washington: (with revised work plan drawings) 5i� TN,-e c 4"V., s�arkg Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at ,Mff y Heidi Cox (WIRO) Shane Staples David Harris Shannon Jenkins / Sharron Gupton Tim Walton / Mike Moser Karen Higgins Clif Whitfield (WARO) Curt Weychert Washington: In' Anthony Scarbraugh401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) f! Maria Dunn (WARO) Rodney Butler Jbm/ t'cjc vl FaDistribution: P rmittee #: Agent#_ (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: c/o Daniel Brinn on behalf of James Britt & Charles Duncan County: Hyde LOCATION OF PROJECT: SR 1315 at 739 Swamp Rad adjacent Wallace Canal off Kitty Creek I the Two of Engelhard, Hyde County, North Carolina DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3 August 2018 FIELD RECOMMENDATION: Attached: Yes, To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: Yes FIELD REPRESENTATIVE: Steve Trowell DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: �. B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 250.00 (100/0) PUBLIC NOTICE REC'D: 26 August 2018 END OF NOTICE DATE: 16 September 2018 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: 8 27 fS C) 75 DAY DEADLINE: 17 October 2018 150 DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: STATE DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative /� g Coastal Management - LUP Consistency TWO Division of Community Assistance �(8 x Land Quality Section Division of Water Quality r(o ( 4113 (10-1($ 4 (�— Storm Water Management (DWQ) State Property Office Division of Archives & History lg Division of Environmental Health 4 �g Division of Highways Wildlife Resources Commission $ Local Permit Office Division of Marine Fisheries QAUG 2 7 2018 Corps of Engineers q( Z0(8`C6'&_MHDCITY III a(4z r- LA ROY COOPER Gmanor MICHAEL S. REGAN Se-r BRAUCIN C. DAVIS Director NORTH CAROLINA Emtranamgnl QYal ty 17 August 2018 To: Doug Huggett From: Steve Trowelk` Through: Jonathan Howell'S�4 Subject: Britt Real Estate LLC Major CAMA permit application Date: 17 August 2018 Enclosed is a Major CAMA permit application submitted by Mr. Daniel Brinn, Hyde County Water and Flood Control Coordinator, on behalf of Britt Real Estate LLC for the construction of a tide gate in Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina. The tide gates will be bolted to 2- existing 36" x 30' long culverts that were installed in 2015 under LAMA/Dredge and Fill General permit no.62961 issued 27 August 2014. The existing 36" culverts were installed with a bracket that facilitates the attachment of the tide gates to the pipe. The tidegates are concave aluminum flaps that have a rubber gasket that seals to a collar bolted to the culvert so when a wind tide flows up the creek to the channelization the tide gate seals preventing saltwater from moving up the canal. The flap props open when drainage upstream is the greater hydraulic force. Installation of this structure will eliminate the movement of aquatic organisms upstream of the water control structure therefore any habitat use in the canal will be permenately lost. If there are no significant objections from the review agencies concerning negative impacts to water quality, loss of habitat or negative impacts to the primary nursery area in Kitty Creek, DCM Staff in the Washington Regional Office recommends issuance of the permit. RECEIVED el AUG 2 7 2018 _ D E DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall i Washington. North Carolina 27889 252.946.6481 ROY COOPER C,ovemor MICHAEL S:REGAN secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental QuaHly TO: Mr. Lee Padrick Division of Community Assistance FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Coastal Management Division MOY2ile8Ci Clt Office 400 Commerce Avenue y Morehead City NC 28557 DATE: 24 August 2018 SUBJECT: CAMA Application Review APPLICANT: James Britt & Charles Duncan C/O Daniel'Brinn PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacentWallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina. PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts forth purpose of preventing saltwater intrusion upstream of the location. The installation of the tide gates will not disturb any land form and will be done by simply bolting;the gate to the existing collar on the existing pipes. Please indicate below your position orviewpoint on the proposed project:and return this form by 14 September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the .proposed project for reasons described in the attached comments. Signed �. � Date �— y=/� RECEIVED Q SEP 4 2018 F MP SECTION MHD North: Carolina DepartmentofEnvironmental Quality I Division of Coastal Management Washington:OFfice 1 943 Washington Square Mall I Washington,North Carolina2788.9 12S2.946.6481 Wilmington Office 1127 Cardinal Drive Extension.I Wilmington, North Carolina 28405' 1'910'796.7215 Morehead Clty Office 140O CommerceAvenue I Morehead City. North Carolina 28557 1 252.808.2808 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA EnWrannsental Quality TO: Mr. Jerry Hardison Hyde County Building Inspctor P.O. Box 95 Swan Quarter NC 27885 FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 August 2018 SUBJECT: CAMA Application Review RECENED WG 3 0 "I't DCM.MHD CIV Respond to Greg Bodnar Morehead City Office APPLICANT: James Britt & Charles Duncan C/O Daniel Brinn PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina. PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts forth purpose of preventing saltwater intrusion upstream of the location. The installation of the tide gates will not disturb any land form and will be done by simply bolting the gate to the existing collar on the existing pipes. Please indicate below your position or viewpoint on the proposed project and return this form by 14 September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project.When appropriate, in depth comments with supporting data are requested. .W REPLY v This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the =aced comments. t Signed Date MP North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 Morehead Cltv Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.80&2808 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA EnvironmenralQuallty AUG 2 U 2018 II raatoael Shellfish San�atlon c 9=;,i - lily Sa>: oq TO: Shannon,Jenkins Division of Environmental Health FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City Office Morehead City NC 28557 DATE: 24 August 2018 SUBJECT: CAMA Application Review APPLICANT: James Britt& Charles Duncan C/O Daniel Brinn PROJECT LOCATION: SR'1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek -in the Town of Engelhard, Hyde County, North Carolina. PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts forth purpose of preventing saltwater intrusion upstream of the location. The installation of the tide gates will not disturb any land form and will be done by simply bolting the.gate to the existing collar on the existing pipes. Please indicate below your position:or viewpoint on the proposed project and return this form by 14 September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. LThis office has no comment on the proposed project.. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the a11ttached/ comments. Signed UVGbv Lic Date S tg i� Shrxntil&- Y) }t%n 1-t rt SEP 7 2018 hlP SECTION MHO North Carolina Department of Environmental Quality I Division of Coastal Management Washington Offlce 1943 Washington Square Mall I Washington, North Carolina 278891 252.946,6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051 910.796.7215 Moreheod Cltv.office 1400 Commerce Avenue I Morehead City. North Carolina 28557 1 252.808.2808 i' 1 4 'ROY, COOPER ;Govembr ' -MICHAEL S. REGAN Secretary BRAXTON•C. DAVIS. 'Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Mr. Anthony Scarbraugh DWR Water Quality Programs 943 Washington Regional Office FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 August 2018 9jO U(' R el 6' Respond to Greg Morehead City Office SUBJECT: CAMA Application Review APPLICANT: James Britt & Charles Duncan C/O Daniel Brinn PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina. PROPOSED PROJECT: The applicant proposes to install thetide gate to the existing Culverts forth purpose of preventing saltwater intrusion upstream of the location. The installation of,the tide gates will not disturb any land form and will be done by simply bolting the gate to the existing collar on the existing pipes. Please indicate below your position or viewpoint on the proposed project and return this form by 14 September 2018. Please contact Steve Trowel] at 252-948-3854, if you have any questions regarding' the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. No w��iCq.+WnCcS� This office has no comment on the proposed project. gi;t � 'LC This office approves of the proposed project only if the recommended Signed changes are incorporated. This office objects to the olnments. See attached. proposed project for reasons described in the Dateg/(/ SEP 7 2018 MP SECTI N'NMHD North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall 1 Washington, North Carolina 278891252946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North. Carolina 26405 1910.796.7215 I ....... .......i/1... x1_.6/`._u.a9AS57 1959AOR9A0A noAm w+ou.uD E Q�/�� RpIMYMP O+Ory� ROY COOPER Gonemor MICHAEL S. REGAN Seawary LINDA CULPEPPER bttefft Director SUL NOR f H f:AROLINA Environmental Quality September 6, 2018 Britt Real Estate, LLC Attn: James R. Britt, Jr. and Charles R. Duncan PO Box 12085 Raleigh, NC 27605 RECEIVED SEP 7 2018 MP SECTION MH® DWR # 18-1189 HYDE County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Britt —739 Swamp Road (Wallace Canal Tide Gates) Dear Messrs. Britt and Duncan: The Division of Water Resources (DWR) has received a copy of your CAMA Major application modification request. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4144 (GC 4144), the impacts described in your application do not require written authorization to utilize GC 4144. However, you are required to follow the conditions listed in the attached certification. 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. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH ClerKs Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). Q North Carolina Department of Environmental Quality IDivision of Water Resources -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 .: BRITT REAL ESTATE, LLC DW R# 18-1189 401APPROVAL Page 2 of 2 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, INC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, U44 TAP." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC4144 Certification of Completion cc: Gregg Bodnar, DCM Morehead City Office (via email) Steve Trowell, DCM Elizabeth City (via email) Raleigh Bland, USACE Washington Regulatory Field Office (via email) Laserfiche Daniel Brinn, Hyde County Flood Control (via email: dbrinn@hydecountync.gov) RECEIVED SEP 7 2018 North Carolina Department of Environmental Quality (Division of Water Resources- Washington Region�iOt6& SECTION MHD 943 Washington square Mall, Washington, North Carolina 27889 �CC11��YY�� SECTION 99VVii 1_A 252-946-6481 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Direaor MEMORANDUM NORTH CAROLINA Environmental Quality RECEIVE[) SEP 7 2018 R7P SECTION MHD TO: Rachel Love-Adrick District Planner Division of Coastal Management FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Coastal Management Division Morehead City Office 400 Commerce Avenue Morehead City NC 28557 DATE: 24 August 2018 SUBJECT: CAMA Application Review APPLICANT: James Britt & Charles Duncan C/O Daniel Brinn PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina. PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts forth purpose of preventing saltwater intrusion upstream of the location. The installation of the tide gates will not disturb any land form and will be done by simply bolting the gate to the existing collar on the existing pipes. Please indicate below your position or viewpoint on the proposed project and return this form by 14 September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY —�— This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the Tled comments. Signed Date l RECEIVED Q5 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 Morehead Cltv Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.808.2808 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director IteiI4uWI.T 1ZI1IU;•Il NORLINA RECEIVED Env7roAMNUat nmenMl Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner �f� Division of Coastal Management Vin`0 SUBJECT: Major Permit request by Ocracoke Foundation DATE: June 29, 2018 SEP 7 2018 VP SECTION MHD Consistency Determination: The request is consistent with/not in conflict with the 2008 Hyde County CAMA Core Land Use Plan certified by the CRC on March 28, 2008. Project Overview: The project site is located at 739 Swamp Rd adjacent to Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina. The applicant is proposing to install two 36" tide gates on two 2-36" x 30" long culverts to mitigate salt water intrusion. The project is located in the following Areas of Environmental Concern (AEC): Estuarine Waters (EW), Estuarine Shoreline (ES), Public Trust Shoreline and Public Trust Area (PTA). The project is located on Kitty Creek and Far Creek that are designated as SC;HCW the EMC and Primary Nursery Areas (PNA) by the MFC, and is closed to shellfishing. A review of wetlands, SAV, historic, and archaeological resources was not provided. Anticipated impacts resulting from this project are not expected to include any land disruption, however the tide gates will prevent the movement of aquatic organisms and their use of the upstream habitats beyond the tide gates. Basis for Determination: The 2008 Hyde County LAMA Core Land Use Plan Future Land Use Map (FLUM) designates the project site on land as "Residential" and "Agricultural/Low Density Residential", and all AECs as "Unbuildable Land", which limits development to 15A NCAC 7H use standards. Xp9 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Policies - Conservation P.30 Residential, commercial, and industrial development which meets 15A NCAC 7H use standards will be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas, development will be allowed that is consistent with applicable local, state, and federal regulations. C!5Pf"0011EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 2SM082808 Bodnar, Gregg From: Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil> Sent: Monday, September 24, 2018 7:22 AM To: Bodnar, Gregg Subject: [External] Projects CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Hope you made it through the storm ok. Our phones still out. I wanted to make sure we were up to date on projects. Thanks! Earl Pugh Hyde SAW 2018-01411 Britt Real Estate Hyde SAW 2018-01718 Jimmy Stallings Beaufort SAW2018-01715 James Hill Beaufort SAW 2018-01716 TJ Development Beaufort SAW 2018-01563 There may be more but these were on the top of my stacks. Thanks! 1 ROY COOPER Governor MICHAEL S, REGAN Secretary BRAXTON C..DAVIS ---Director— _ MEMORANDUM NORTH CAROLINA Environmental. Quality RECEIVED AUG 27 201-8 CIIf WhitfiefC - - _ Public -Water -Supply Section FROM: Greg Rodnar_ Respond to Greg Bodnar Major Permits Processing Coordinator CoastaLManagement Division Morehead City Office 400 Commerce Avenue _ y Morehead. City NC 28557 DATE: 24 August2018 SUBJECT: CAMA Application Review ,APPLICANT.: James Britt &Charles Duncan C/O Daniel Brinn PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent. Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North'Carolina. PROPOSED PR. JBCT: The applicant proposes to install the tide gate to the existing culverts forth purpose of preventing saltwater intrusion upstream of the location. The installation of the tide.gates will not disturb any land form,and will be done by simply bolting the gate to the existing collar on the existing pipes. Please indicate below your position or viewpoint on the proposed project and return this,form by 14 September 2018: Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed -project: Wlien appropriate, in depth comments With supporting data are requested. REPLY This office has no objection to'the-project as proposed. This office has no continent on the proposed project. ---------------Tliis-office-approves -of.the-proposed-project-only if the recommended --- ---- -- changes are incorporated. See attached. - --- - ----- -- —This-office objects to the proposed -project -for reasons- described in the - = Signed �I-- � � _,.- Date -- SEP 1- 9 2018 - -`North Carolina Dcputmenl of Environmental Quality I Division of Coastal Managernent WashingtorCOffice--1-943.Washington Square Mall=1_Washingt66; North Caiolina 27869.1 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051 910.796.7215 R Y G2 m100PER MICHAEL S.-REGANN -!elrqflily.� , - B!V0N,P:,D.A%fIS: D MEMORANDUMi, Toe Ms. Renee Gledhill'Eafly N . CQepa . itn�ent,4 Cultural Resources I Ar6i%r6s,4.History, Building. FROM;.Greg Bodnar ,Mai or,Permits-Processirig,Co6rd,ifiator- Co as-tal managerp6fit PiVision. 4W.Cornnierce Avenue M6reIjead'City,NC28SS7, !DATE:, ; 4Ailgust 2018 - i SUPJECTi CAMA Applica.fl6h R-6vieW.' Received: 099/07/.2018 State His'toric 'Preservatibn'offtte, ER 187-.2255 Due -- 9/1448 Respond.to Gregbodnar Mbrehddtity 060- RECEIVED SEp 2 5 2018 as Britt &:C I harle . s;I)uncan%q-/0-Dani'el:I3rinn APPLICANT' jaine MIP SECTION MHD PROJECT-10CATION: SR4315zt739'Swarn0,Rda OjacerWWallam Canal_off Kitty,Creek in;ihe Town, o,f'Eng6thArd,;Hyde,CdunW,,Nort,�h`Carolina. PROPOSED PROJECT: the applicantpfoppse$-Iolfistal I the dde gabetto the -existing culVerts . forth purpose of preventin&A - tw - ater infr4sion,upstrciam.of,the :location. The installation W,the,hcle.gates,Will'not disturb anyland,formand will.be done.bysiinply:b6ltingthe�gai;e- to the,existing collar onthe existing pipes., Please indicate:be.lowyo.ur,posit,ionorviewpoint n'the'propose ' d.project-and-rautn this form,by.,1,4; 8 SqpiemI3er-i01. 'OlLase contact Steve Trowe1l'at2S,2-94B-3PSj,.1f you have an uestionsr6 arding , I 1 1. - - , , Y. q.9 tlie'propbsed,pr6ject. Whempopropriate,ln deotb:06iments with suppOrtingciptabeb requested: ,AEPL — -p— X, — Tili�-offic6has-nij:ooj,pctiontotli&..prdjdc-tas,pr6 osedi V, This,officehasmo comment on:the:prop6s6d project This,office, approves,ofthe proposed project only if.therecommended g . chanes are -incorporated.- See attached, This office objects,to the,propdsed project f&,x6sdns,:described:ih the, attached comments. n, n, qj �pg,1_4r Pate Signed I DlYisloncfCoasW SEP' 1 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM y „.r 5fAIZ, — ��"� RECEIVED NORTH CAROLINA Environmental QuaUty AUG 2 7 2018 DOA STATE PROPERTY OFFICE TO: Mr. Tim Walton Director State Property Office FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City Office Morehead City INC 28557 DATE: 24 August 2018 SUBJECT: CAMA Application Review APPLICANT: James Britt & Charles Duncan C/O Daniel Brinn PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina. PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts forth purpose of preventing saltwater intrusion upstream of the location. The installation of the tide gates will not disturb any land form and will be done by simply bolting the gate to the existing collar on the existing pipes. Please indicate below your position or viewpoint on the proposed project and return this form by 14 September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the ,.. \\ attached comments. Signed W '� L6&U Date 14�' &01lb t Q� RECEIVED SEP 2 5 2018 North Carolina l Management Washington Office 11 943 Washington Square Mail ent of tI Washington, Divisional Quality I North Carolina a27889 1 252946.6481 DCM-MHD CITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 Morehead Chv Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.8082808 RQY COOPER Governor MICRAELS; REGAIN sem*y BRA)CrON'C. DAVIS! DIr6ctor MEMORANDUM TO: Mrs. MariaDunn NcWildlife'Resdi FROM.' Greg Bodnar Major Permits 400 Commerce Av Mbrehead" City Rc DATE: 24AVgust2018 SUBJECT: APPLICANT: James ,NORTH CAR60NA Enaronmental,Quall6l Respond to Greg Bodnar Morehead City Office Brinn 'PROJECT LOCATION: ISR1315 at;739 Swamp Rdadjacent Wallace Canal off Kitty Creek in the Town, of,Engel4ardi 1,4yde. County, North Carolina.. PROPOSED .PROJECT:MfeapP Alca forth purpose of f preventing salt ,Qf the . tjoeg4tpswill not,disturb to the existing collar on the exist Please indicate be'low,your position 'September 2018.'Please contact Ste the proposed project. When approl REPLY This office This office This office This office attached c( Signed es todnstallthe tidegateto the existing culverts r4sicia upstream, of the locition. The installation form and will be done by simply bolting the -,gate n depth comments with supporting data are:requested. objection to the;project as,proposed. --Plecoy so comment on theproposedproject., S. ves, of the, proposed project only if the recommended porated. See attached. :s to, the proposed project for reasons described in the Date ---ALZ1-6---,k)JZ ®' North 'Carolina Wildlife Resources Commission 9 Gordon Myers, Executive Director MEMORANDUM TO:, Gregg Bodnar Division of Coastal Management North Carolina,Department of Enviroarnental.Quality i i FROM: Maria T. Dunn, Coasta1Coordinator Habitat Conservation Division DATE: September 28; 2018 SUBJECT: - CAMA Dredge/Fill Peimit Application for James.Britt & Charles Duncan c/o Daniel Brinn .Hyde County, North Carolina. Biologists with the North Carolina' application with regard to impacts c Swamp Road. adjacent Wallace Can provided in Accordance with proyisi 113A-128), as amended, Sections 4 Wildlife Coordination Act (48.Stat. The applicant proposes to install a tide preventhrg saltwater intrusion upstrea meeting was conducted to discuss a tic replaced.with collars'to'allow gate inst tributary to Kitty Creek and therefore i MarmeTisheries. (life ResourcesCommission (NCWRC) reviewed the permit ;hrand wildlife resources. The project site is associated with 739 tributary to Kitty Creek in Engelhard, NC. Our comments are of the Coastal Area Management Act (G.S. 113A-100 through ad 404 of the Clean Water Act, as amended, and the Fish and "as amended; 16 U.S.C. 661 et seq ). that would be attached to existing culverts for the purpose.of installed gate. On February 5, 2015, a NCDEQ,scoping proposal in area. Subsequently two 36"rculverts were )n if allowed. Wallace canal is classified SC HQW and is a ignated a primary nursery area (PNA) by the NC Division of NCWRC staff attended the previously teferenced scoping meeting and has reviewed the permit application. The area in question is in close proximity to Kitty Creek, a designated and functioning PNA. Concerns were stated during the. meeting that tide gate installation would prohibit access to upstream habitats by marine species such as.whiteshrimp.: Site visits were conducted by NCWRC andNCDMF staff after the meeting. While the area does provide habitat that is used by;marine species in,the PNA, our agency does not'believe the project would have significant;adverse,impacts to. resources under our jurisdiction due to,the upstream placeineut of the structure in the system Although no elevation data was presented in the application, the site visit and available information indicate the location is within a abitatConservation • 1721 Mail Service Center - Raleigh NC Telephone: ;(919) 707-0220 • Fax: (919) 707-0028 narrow area of the canal, will not adversely affect bank stabilization, and may be near the upper limits of quality habitat. Therefore, our agency will not object to tide gate installation as long as there are no attempts to conduct water management by use of flash board risers or other structures to retain water upstream the gate system. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn;a)ncwildlife. ore ROY COOPER Governor INICHAEL S. REGAN secretary. BRAXTON C. DAVIS Metter RECEIVED AUG, 27 2010 DCM-Fisheries WARO IliI1 0(1),Tllz i1151 NORTH CAROLINA Environmental Quality TO: Mr. Shane Staples Division of 6easEal Msnegeti2en>re- r-i-i`f 943 Washington Sq. Mall FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 August 2018 SUBJECT: CAMA Application Review Respond to Greg Bodnar Morehead City Office APPLICANT: James Britt & Charles Duncan C/O Daniel Brinn PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina. PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts forth purpose of preventing saltwater.intrusion upstream of the location. The installation of the tide gates will not disturb any land form and will be done by simply bolting the gate to the existing collar on the existing pipes. Please indicate below your position or viewpoint on the proposed project and return this form by 14 September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes ace incorporated. See attached. This office objects to the proposed project for reasons described in the attached co menu. /+ Signed � r- "Date RECEIVED E® ADE SEP 7 2018 sEc-ra®mv MH® North Carolina DepartmetdofEMIronmental Qltaltty I Division of Coastal Management Washington Office 1943Washingtonsquare Mall I Washington, North CaroUna 276891 MZ946.6481 WBmington Office 1127 Cardidal Drive Extension I Wilmington, North Carolina 28405 1910.796,7215 Mnr.h.ad rA Afflro I Ann re ...w Av.n... 1 Mmmivarl (7tv.Nmth Camlina 7AS57 1 7i7_AOA2AOA " ON MP-1 RE -FiyFrn APPLICATION for AUG 0 3 2018 Major Development Permit DCM-WAR® (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Britt Real Estate Llc Wallace Canal Tide Gates Applicant 1: First Name MI Last Name James R Britt Applicant 2: First Name MI Last Name Charles R Duncan If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City state P. O Box 12085 Raleigh NC ZIP Country Phone No. FAX No. 27605 Wake 919 - 880 - 3652 ext. Street Address (if different from above) City State ZIP 812 Swamp Rd Engelhard NC 27824 Email oduncanl36@nc.rr.com 2. Agent/Contractor Information Business Name Hyde County Flood Control Agent/ Contractor 1: First Name Daniel MI A Last Name Brinn Agent/ Contractor 2: First Name MI Last Name Mailing Address 30 Oyster Creek Rd. PO Box 219 City Swan Quarter State NC ZIP 27885 Phone No. 1 252 - 926 - 7253 ext. Phone No. 2 252 - 943 - 7973 ext. FAX No. 252 926 3705 Contractor # Street Address (dddferent from above) City State ZIP Email <Form continues on back> KtGEIVE0 AUG 2 7 2018 252-808-2808 . 1-888.4RCOAST ., www.nccoast3lmanagemePiQM4AHDCITY Form DCM MP-1 (Page 2 of 4) APPLICATION for RECEIVED Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Hyde 739 Swamp Rd. DCM-WARD 1315 Subdivision Name city State Zip NA Engelhard NC 27824 - Phone No. Lot No. (a) (6 many, attach additional page with list) NA- ext. NA, I I , a. In which NC Over basin is the project located? b. Name of body of water nearest to proposed project Tar -Pamlico Kitty Creek/Far Creek 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 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. NA 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) NA 139,392 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high waled or NA, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 2.5' ❑NHW or ®NWL e. Vegetation on tract Mowed Fescue, small opportunistic Cordgrass fring directly at waters edge, cultivated cropland and pine plantation f. Man-made features and uses now on tract Recently installed 36" x 35' culverts, flanged to accept Tide Gates, crossing a 25' wide drainage canal g. Identify and describe the existing land uses adiacent to the proposed project site. Upstream are 560 acres of improved property. Cultivated cropland, pine plantation, and 23 residences h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) []Yes []No ONA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED AUG 2 7 2018 252-808.2308 .. 1-888-4t2COAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for RECEIVED Major Development Permit Allf, a @ )nio m. (i) Are there wetlands on the site? ❑Yes SNo (ii) Are there coastal wetlands on the site? DCM-WARO ❑Yes SNo (III) If yes to either (1) or III) above, has a delineation been conducted? []Yes SNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NA o. Describe existing drinking water supply source. County water system p. Describe existing storm water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment SPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The project will prevent salt water intrusion into the agricultural properties upstream which can yeild cropland sterile. Tide gates will act as automatic check valve allowing excess water from rainfall to flow out but preventing saltwater from the pamlico sound to flow in. 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. The existing culverts are flanged to accept the proposed tide gates so installation will only require hand tools and bolts, no machinery will be needed d. List all development activities you propose. Installation of two 36" tide gates onto existing Culverts e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? NA ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes SNo []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharge is proposed, existing surface runoff will be unaffected 1. Will wastewater or stonnwater be discharged into a wetland? []Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No SNA j. Is there any mitigation proposed? ❑Yes SNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> KtUmli v ` AUG 272018 252-808-2808 .. 1.888-4RCOAST .. www.nccoastalmanagem nt.net Form DCM MP-1 (Page4 of4) RECEIVED APPLICATION for AUG 0 3 2018 Major Development Permit 6. Additional Information D(��/�'�1, /►p/� R06ubmitted In addition to this completed application form, (MP-1) the following items be/d� 7f 5�i�lical�A4,�/I in order for the application package to be complete. Items (a) — (f) are always applicable to any ma/or development application. Please consult 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 rr owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address Name Phone No. Address Name Phone No. Address r tract. Include permit numbers, pennittee, and issuing dates. �7C/ g. A list of previous state or federal permits issued r Qrk Kt projtip trot CA i^1A <t�. CUB-J&'rf, V�� v� h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. t j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 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. ,t Date tI 19 Print Name 1ReAl Signature 00 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 RECEIVED AUG 2 7 2018 _. m.MHD GITV 252.808-2808 :: 1.888 4RCOAST :: www.nccoastaimanagement.net Form DCM MP-5 RECEIVE® BRIDGES and CULVERTS "UG 03 2018 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be u e`,tovcomp e e allother sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES ®This section not applicable a. Is the proposed bridge: ❑Commercial ❑PubliclGovernment ❑Private/Community c. Type of bridge (construction material): e. (i) Will proposed bridge replace an existing bridge? ❑Yes ❑No If yes, (ii) Length of existing bridge: (III) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) 9. Length of proposed bridge: i. Will the proposed bridge affect existing water Flow? ❑Yes ❑No If yes, explain: k. Navigation clearance underneath proposed bridge: _ b. Water body to be crossed by bridge: d. Water depth at the proposed crossing at NLW or NWL: f. (1) Will proposed bridge replace an existing culvert? ❑Yes []No If yes, (ii) Length of existing culvert: (III) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: j. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ❑Yes []No If yes, explain: I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes []No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: waters? ❑Yes []No If yes, explain: 2. CULVERTS [I This section not applicable a. Number of culverts proposed: 2 existing 36" x 40' b. Water body in which the culvert is to be placed: Already in Wallace Canal RMEIVED < Form continues on baek> AUG 2 7 2018 VM M1-rTvrr-r 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagemer revised: 1026 06 Form DCM M113-5 (Bridges and Culverts, Page 2 of 4) c. Type of culvert (construction material): 2 existing Aluminum 36" x 40' d. (i) Will proposed culvert replace an existing bridge? []Yes ®No If yes, (it) Length of existing bridge: (III) Width of existing bridge: (Iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) f. Length of proposed culvert: 2 existing Aluminum 40' h. Height of the top of the proposed culvert above the NHW or NWL. +/- 3" j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? []Yes []No If yes, explain: RECEIVED ^^ AUG 03 2018 e. (i) Will proposed culvklE tV;tWW culvert? ��YY r1Q ❑Yes []No If yes, III) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) No New Culverts Proposed 9. Width of proposed culvert: 2 existing 36" culverts 1. Depth of culvert to be buried below existing bottom contour. culvert invert is at existing bottom contour k. Will the proposed culvert affect existing water flow? ®Yes []No If yes, explain: Proposed to bolt on 2 36" tide gates to existing culverts to prevent salt water intrusion in the drainage system upstream 3. EXCAVATION and FILL ®This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? []Yes [_]No If yes, (ii) Avg. length of area to be excavated: (III) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: c. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? ❑Yes ❑No If yes, (ii) Avg. length of area to be excavated: (III) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlandstmarsh (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 the excavation in these areas: RECEIVED AUG 2 7 '?T8 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: wpvw. nccoastal management._ net revised: 102606 Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) d. If the placement of the bridge or culvert involves any excavation, please complete the following: Recie/VE p (i) Location of the spoil disposal area: A ,,- (it) Dimensions of the spoil disposal area: (III) Do you claim title to the disposal area? []Yes []No (ff no, attach a letter granting permission frppgnrgp 'p) (iv) Will the disposal area be available for future maintenance? ❑Yes []No"���� /qR(� (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands ZC6L), or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB ❑None If any boxes are checked, give dimensions lt different from (it) above. (vi) Does the disposal area include any area below the NHW or NWL? ? []Yes []No If yes, give dimensions If different from (it) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ❑Yes []No If yes, (ii) Avg. length of area to be filled: (III) Avg. width of area to be filled: (iv) Purpose of fill: (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within 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 the excavation in these areas: g. (1) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ❑Yes []No If yes, (ii) Avg. length of area to be filled: (III) Avg. width of area to be filled: (iv) Purpose of fill: a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? []Yes ®No detour structures? []Yes ®No If yes, explain: If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. < Form continues on back> RECEIVED AUG 2 7 2018 DCM-MHD CITY 1o2606 Form DCM MP-5 (Bridges and Culverts, Page 4 of 4) c. Will the proposed project require any work channels? ❑Yes ®No If yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? N/A g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? []Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. -7- 11 - IT d. How will excavated or fill material be kept on site and erosion controlled? N?A The site is stabilized by granite Rip Rap from the culvert installation 2 years ago I. Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date 11 nee rcr,..e I Tam G��s Project Name y� Rp Jcvrtci (" r rr� d- C(tenY(eS Applicant Name /% .O,Z Applicant Signature RECEIVED AUG 0 3 2018 DCM-WARD RECEIVED AUG 2 7 2018 DCM-MHD CITY 252-808-2808 1-888-IRCOAST ,, istai.: _ revised. 1026: 06 ' ,4, k/jl /S/�� •r �• U Ward . ;' ,71 r �. 'Google Earth v t �N `!!G 2 7 2018 DCM-MHD CITY SR- 1315 S�AjFlmp D R°AO o 0 Qu _N v 'WNILACE CANAL. 'TIDE GATES MAXOPI CAMA 2 of 2 -7- 11 - 18 (MP- 1 6 6) ?, dfoSCA 36 it i de Cfa+cs �L n n '? n 60 j[U.-v-. m m ® n NV `� m m v Q191ap 0 n m M N n m D G O _o i 410 "N W L- .t Applicant Agent Physical Address AECs Riparian Notification? kuq l-Woda I' baV45 Do's Raparian rights From Property line Navigation/ Channel Proximity FT2 calculations _ Application Review Checklist Letter A $ 3 75 Placard Commen/t ,d /fj rL''S`1 i� ��nCcl[S \.�.u(A/t Pub A 8(3 r� Comment -�9 L Compu"ter" F3 k � 3 t3 Field Rep. ch�ef i J Habitat ^� C/ose� Development Designations Pit A � f{Q�/ Buffer A Gre p Card? Signed Form? No Obj Waive 15' Water N&ha- Deed? Dependent l/5 +I Residential Commercial 8fe or 27ftz N/A 01 PTA Concerns? ISSUES OF NOTE TnS'tG�� T� SGKS on C2, 3�'r (ic!(VGr 17 — J10;;( ( VD/ ;&,54a(' PH or 1/4 width? "Y 4 Permit Checklist Major Development Permit# Excavation/Fill Applicant ged Address l70 ZC7 S"g;— County \ Physical Location including WaterbodvDescriation (o,., A,,nI „� kif(f Aloff A 7�1 SInJGwo RJ. MP Forms Dates Drawings # Drawings & Dates P MP2 MP3 MP4 MPS off Development Types IN Kate' 14'hM ca`I% IT40k Including Conditions and Notes Uk rIC1l Gulhr0l YMt�C['� S��i� .`._ 7� c�_ Se le- Inn, S /O r/ 1z DWR 401 Certification # Ip -�� V � USACE SAW # 70(8 -00f 9lba�(S Permit Fee t, ZSa (�� Additional Comments On Back Permit Class NEW Permit Number XX-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Britt Real Estate. LLC.. PO Box 12085. Raleieh. NC 27605 Authorizing development in Hyde County at Wallace Canal off Kitty Creek. at 739 Swamp Rd. in Engelhard , as requested in the permittee's application dated 7/11/18, including attached workplan drawings (3), all dated 7/11/18. This permit, issued on Month XX, 2018 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation u mese terms may De subject to totes, impnsonmem or civic acuon; or may cause me permn to oe nutt ana voia. Agricultural Drainaze System 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the installation of the agricultural drainage system, including the culverts and tide gates, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any other work or development proposed in an Area of Environmental Concern shall require a review and authorization from the Divisi of Coastal Management prior to work commencing. /or Dp°� w�-n Gam( 2) No vegetated wetlands Shall be excavated or filled, even temporarily, auuid&ef 4he annrou@ ul*ert aligameai. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Britt Real Estate, LLC. Permit No. XX-18 Page 2 of 2 ADDITIONAL CONDITIONS 3) This permit does not authorize any fill o excavation wate of the approved culve alignment beyond wh is necessary to install t e agricultural dra' water system. 4) The f11 aterial shall be 7ained d free of any po tants except in trace qua ties. 5) All ill material shall be o from at igh ground source. Nedlmen won and Erosion Control 6) A ground cover sufficient t strain erosion shall be provided ' n 30 calendar days of any phase of grading on cut or fille opes to ensure that eroded mat provided not enter adjacent wetlands, watercourses or_pwperties. At a minimum, a silt fence shall be properly installed between any disturbed areas and adj cent wetlands or watercourses immediately following completion of backfrlling activities. General 7) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 8) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2018-01718) issued 9/24/18. NOTE: The N.C. Division of Water Resources authorized the proposed project byway of General Water Quality Certification 4144 and assigned the project DWR Project No. 18-1189. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $250 was received by DCM for this project. ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet Applicant /1 t GZ G Date: /;2/0tj Project Site County G Staff.. / .1 District: ❑Elizabeth City ashington ❑Morehead City El Wilmington . Project Name: pier extension with platform Rover File: Date application `received as complete" in the Field office ( : 1 007): SITE DESCRIPTION/PERMIT INFORMATION PNA: RYes []No Photos Taken: Yes ❑ No Setback Required (riparian): ❑Yes Me Critical Habitat: El Yes o ❑Not Sure 15 foot waiver obtained: ❑ Yes No Returned: Hazard go ❑Ves go SAV:❑Yes o ❑Not Sun; Shell Bottom: ❑Yes ANO 0 Not Sure Temporary Impacts: ❑Ye No Sandbags: Yes No ❑ Not Sure Did the land f4e classification come from countyt. Yes ❑No Mitigatio quirod (optional): El Yes ANo Moratorium Conditions: ❑Yes No ❑NA Environ ntal Assessment Done: [IYesANo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FINS) Ll Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED /v ❑ (404) Corp. of Engineers Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Saficomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Sparlina altemiflora) cynosumides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemeianus) patens) APPLICATION FEE ❑ No fee required - $0.00 I(A) Private w/D&F up to 1 acre; 3490 Ellll(D) Priv. public or Comm w/D&F to 1 can be applied - $250 acre; 3490 cant be applied - $400 ❑ Minor Mo lfication to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - El ll. Public or commerciaUno dredge 100 and/or fill - $400 RECEIVED Private no dredge and/or fill - $250 ❑ 111(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs AUG 2 7 2018 DWQ agreement - $400 DCM-MHD CITY 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmananement.net revised: 02/15/10 ., NC Divls pn # GOaiptai_ lgt. Application Computer Sheet, Page 2 of 4) Applicant. 4(ja LL':_-- Date: P%?Ap Describe bellow the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number ose Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 e New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work M 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 ❑ —Work ❑ Y ❑ N New El Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ —Work ❑ Y ❑ N New [I Replace Maint ❑ ❑ Y-❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ —Work ❑ Y ❑ N New El Replace Maint El ❑Y❑N New Work Replace Maint ❑ ❑ Y [:IN RIMEIVED New Work 0 Replace Maint ❑ ❑ Y ❑ N A D M-MHD CITY revised 02115//0 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of a) New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N RECEIVED AUG 2 7 1t8 DCM-MHD CITY revised 02/15/10 MC Division of Coastal �M{ t. Application Computer Sheet, Page 3 of 4) Applicant. Date: Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total includes any anticipated restoration or tamp 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 tam im ads FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Dredge ❑ - Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other El - Dredge ❑ Fill ❑ Both ❑ Other ❑ ' Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other Cl- Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED AUG 21 2019 DCM-MHD CITY 252.808-2808 :: 14188-4RCOA8T :: w .nccoastalmanaaement.net revised: 02/15/10 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Britt Real Estate LLC 2. LOCATION OF PROJECT SITE: Project site is located off SR 1315 at 739 Swamp Road on the Wallace canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina. Photo Index - 2006:114-8945 W-14 2000:114-1387 D-10 1995: N/A Lat Long Coordinates: 35°31' 12.42" N, 76°00' 14.95 W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8 August 2018 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 3 August 2018 Office - Washington 6. SITE DESCRIPTION: 7 (A) Local Land Use Plan - Hyde County Land Classification From LUP — Rural with services (B) AEC(s) Involved: EW, PTA, ES, PTS (D) Water Dependent: Yes (D) Intended Use: Agriculture Drainage (E) Wastewater Treatment: Existing - None. Planned -None (F) Type of Structures: Existing - None Planned — 2- 36" tide gates. (G) Estimated Annual Rate of Erosion: Unknown HABITAT DESCRIPTION: [AREA] DREDGED FILLED (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Canal (C) Other Uplands (D) Total Area Disturbed: ft2' (0.0 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC HQW Open: NO 8. PROJECT SUMMARY: The applicant proposes to place 2-tide gates to two existing 36" diameter culverts to prevent saltwater intrusion in the agriculture drainage system upstream. RECEIVED AUG 2 7 2018 DCM-MHD CITY Britt Real Estate LLC Wallace Canal Hyde County Project Setting The project site is located off SR 1315 at 739 Swamp Road adjacent Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina. The project site is the first driveway crossing of Wallace Canal t3,955' upstream of the HWY 264 bridge crossing and well above any tidal Coastal Wetland marsh. Wallace canal parallels SR 1315 and was likely a borrow source for the construction of the road. Wallace canal intercepts Kitty Creek at its headwaters and at its confluence with Far Creek. Land uses that drain through Wallace canal are primarily agriculture, although there are 24 residences adjacent SR 1315. CAMA/Dredge and Fill General permit no. 62961-B issued on 27 August 2014 authorized the replacement of the culvert(s) with 2-36" x 30 long culverts. When this work was undertaken the pipes were installed with a collar that serves as a bracket that facilitates the installation of a tide gate. Kitty Creek and Far Creek are designated primary nursery areas by the Marine Fisheries Commission and SC HQW by the Environmental Management Commission and is closed to shellfishing. Project Description The applicant proposes to install the tide gate to the existing culverts for the purpose of preventing saltwater intrusion upstream of the location. The installation of the tide gates will not disturb any land form and will be done by simply bolting the gate to the existing collar on the existing pipes. Anticipated Impacts The project as proposed will prevent the movement of aquatic organisms and their use of upstream habitats above the project site. Steve Trowel! — Washington Regional Office —15 August 2018 RECEIVED AUG 7 118 DCM-MHD CITY Wallace Canal Tide Gates Major CAMA Permit Application Project Narrative 7-11-2018 MP1, 6-a Mr. Charles Duncan and Mr. James Britt are applying for a Major CAMA permit to install two 36" tide gates onto existing culverts in the vicinity of 812 Swamp Rd. Engelhard NC, 27824. The gates will be installed on existing pipes with existing flanges so no heavy machinery will be needed and no excavation or fill will take place. This site was selected because it is the best location to protect +/- 560 Acres of property from Salt Water Intrusion. The area consists of prime agricultural crop land, pine plantation, and 23 residences along Swamp Road. The mitigation of potential salt water intrusion will be beneficial to hundreds of thousands of dollars' worth of improved property and several dozen citizens. This location is also upstream of the transition between coastal wetland and upland habitat as seen on site and from aerials so the tide gates will not have a negative impact on coastal wetlands. RECEIVED AUG 0 3 2018 DCM-WARO RECEIVED AUG 2 7 2018 DCM-MHD CITY BOOK 273 PAGE 41 (6) 405784 111111111111111111 This document Presented and filed: 051282017 02:15:29 PM E MERITA LEWIS-SPENCER, HYDE COUNTY, NC Excise Tax: $2.200,00 Excise Tax $2200.00 Mali arrer recoronlg TO: Lanier This instrument was prepared Brief Description for the Index THIS DEED certify that no delinquent Ad Valorem taxes or other taxes With which this office is charged are a him on the property Described in this deed. WIN M. NORTH CAROLINA GENERAL WARRANTY DEED GRANTOR Benjamin Ray Bonney, Jr. and wife, Wanda O. Bonney 12 Ocean View Loop Southern Shores, NC 27949 between GRANTEE Charles R. Duncan, III and Brht Real Estate, LLC, as tenants In common PO Box 72085 Raleigh, NC 27605 The designation Grantor and Grantee as used herein shad Include said parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context WTTNESSETH, 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 Hyde County, North Carolina and more pankWarly described as follows-. AB that certain piece or parcel of land lying and being on the Island of Ocracoke, Ocracoke Township, Hyde County, North Carolina, adjoining the lands of Dean Ballance, N.C. State Road No. 1334, and others, and bounded as follows: See attached-Exhibt A" incorporated herein by reference The property hereinabove described was acquired by Grantor by Instrument recorded in Deed Book 172, page 751; Deed Book 18I, page 895; Deed Book 243, page 18; Deed Book 175, page 245; Deed Book 203, page 98; Deed Book 173, page 512; and Deed Book 173, page 515, Hyde County Registry. RECEIVED AUG 0 3 2018 DCM.WARO RECEIVED AUG 21 2018 DCM-MHD CITY BK 273 PG 042 DOC#405784 A map showing the above described property is recorded in Map Book, Page. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all prMleges 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 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, restrictions and zoning regulationv IN V/ITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has "used this instrument to be signed In its corporate name by Its duly authorized officers. the day and year first above written. RECEIVED AUG 03 2018 (SEAL) DCM-wARO ' min - (SEAL) We . Bonney State of t —u 1 . CitylConty of PARL W,,, *a OCIt - W Z STAMA4£ 4, 1, a Notary Public of the County and State aforesaid, certify that Benjamin Ray Bonney, Jr. Wanda O. yOs. and Bonney personally appeared before me this day and acknowledged the execution of the foregoing instrument Witness my hand and official stamp or Notor f = seal, this day of 2017. Dore Ceubh iC (SEAL) .' jHCABO"\� Notary Public My commission expires: 311-r 1 Ln7� RECEIVED AUG 927 2018 fold -MI -ID CITY BK 273 PG 043 DOC#405784 EXHIBIT A TRACT ONE: Bounded on the West by State Road No. 1315, on the North by Reggie Spencer, East by Benjamin Ray Bonney and South now or formerly Allen Gibbs. The same being the home place of Hanna Neal Wright. Beginning at a point in the center of the State Road a common corner with the Norma Rase Bonney et al tract, and running thence with the center of a ditch North 66 degrees 35 minutes 26 seconds East 270 feet to the Northwest comer of the Benjamin Ray Bonney tract; running thence, part of the way with the center of a ditch; South 52 degrees 37 minutes 35 seconds East 708 feet to a point in the center of a ditch; running thence with the center of said ditch and the Allen Gibbs line, South 65 degrees 25 minutes 40 seconds West 242 feet to a point in the centerline of State Road; running thence with the centerline of said road a northwesterly course to the point of beginning. This is a part of the John Neal land. See map Real Estate Book 147, Page 084 for map. TRACT TWO All that certain parcel of Ian located in Lake Landing Township, Hyde County, North Carolina containing 34.65 acres, more or less as shown on that certain plat of survey drawn by Hersey A. Knight P.LS., under the date of January 18, 2000, entitled "...Allen F. Gibbs and wife, Dorothy B. Gibbs....", a copy of which is recorded in Plat Cabinet C at Slide No. 68-D. TRACT THREE BEGINNING at an iron pin set in the center of a canal, said iron pin being located North 66 deg. 35 min. 26 sec. East 270 feet from the centerline of SR 1315, running thence North 66 deg. 35 min. 26 sec. East along a ditch bounded on the Northwest by the property now or formerly Norma Rose Bonney and JoAnna Rose White 2,393 feet to an iron pin located m the center of a ditch, cornering; running thence South 51 deg. 33 min. East along the centerline of a ditch bounded on the North by the lands now or formerly C. Gilbert Gibbs 646.6 feet to a point comering; running thence South 65 deg. 25 min. 40 sec. West 10 feet to an iron pin; continuing thence South 65 deg. 25 min. 40 sec. West along the centerline of a ditch and bounded on the South by the lands now or formerly Alan Gibbs 2,342.8 feet to an iron pin, cornering; running thence North 52 deg. 37 min. 35 sec. West along the centerline of a ditch 708 feet to the POINT AND PLACE OF BEGINNING contacting 3254 acres, more or less. Them is also conveyed herein an easement 25 feet in width from the Northeast right-of-way of SR 1315 across the lands of the Grantor to the property conveyed herein. The property and easement described herein is more particularly described on that certain plat entitled "Land Being Conveyed By Hanna Neal Wright to Ray Bonney, lake Landing Township, Hyde County, N.C., Date: May 19, 1993, Scale: 1' — 200"' prepared by Henry Cunningham, Registered Surveyor attached to that deed recorded in Deed Book 147 at Page 082, Hyde County Registry which is incorporated herein by reference. RECEIVED 4 UG 03 2018 DCM_wARO RECEIVED AUG 2 9 ?918 DCM-MHD CITY BK 273 PG 044 DOC#405784 TRACT FOUR: - Those three certain tracts of land known and designated as Lots J 1, 2 and 3 as shown on the map prepared in the Division of the Farm Land of J. E. Rose, Deceased, which map is duly recorded in Deed hook 39 on Page 276 in the Office of the Register of Deeds of Hyde County, North Carolina. See Deed from Ira Rose and Gladys M. Rose to Theodore Rose and wife, Bonnie Lillian Cuthrell Rose, duly recorded in Deed Book 75 on Page I in said Registrar's office and Deed from James Ray Wood and wife, Louella Webb Wood to Theodore Rose and wife, Bonnie Lillian Cuthrell Rose recordedin Deed Book 74 on Page 26 in said Registrar's office. See also will of J. E. Rose recorded in Will Book 14 on Page 170 in the Office of the Clerk of Superior Court of Hyde County, North Carolina. Being the same portion of land conveyed by Theodore Rose and wife, Bonnie Lillian Cuthrell Rose to Norma Rose Bonney, Joanna Rose White, Marion Rose Heilman, Paula Rose Attix, William T. Rose and Jerry E. Rose, subject to the life estate of Theodore Rose and wife, Bonnie Lillian CuthreB Rose, by Deed dated February 7, 1964, recorded in Deed Book 78 on Page 617 in said Registrar's Office. There is excepted from Tract 12 a square block of land measuring 100 feet on each side surrounding the graves of John Edward Rose and other members of his family. TRACT FIVE: FIRST TRACT: BEGINNING at a post on the North bank of the Wallace Canal at a point where the same is intersected by the division line running between the lands allotted to W.C. Davis and the lands allotted to the "Minor Heirs' in a special proceeding for division entitled J. E. Rose vs. W.C. Davis et ak thence running North 56 degrees East 6470 feet to the Edward Spencer Patent line; thence running with said Patent line North 62 degrees West 249 feet to a post; thence running South 56 degrees West 6359 feet to the northward edge of the Wallace Canal; thence running South 35 degrees East 220 feet to the point of beginning, containing 32.33 acres, more or less. SECOND TRACT: BEGINNING at the Southwest comer of the Uriah Harris land on the Northeast bank of the Wallace Canal; thence running in a northeastwardly direction, with said Hams line, to Edward Spencei s Patent line; thence running in a northwestwardly direction with said Patent line, to the Anson S. Gibbs line; thence naming in a southwestwardly direction, with said Gibbs line, to the Wallace Canal; thence running with said canal to the point of beginning, containing 62.5 acres, more or less. THIRD TRACT: BEGINNING at a point in the North bank of the Wallace Canal about 12 feet North of the North edge of the "Uriah Harris Leading Ditch" which Huss along the northward side of the tract of land formerly known as the "Uriah Harris Field"; thence running with the North edge of said Canal, a southwardly course, to the edge of said Uriah Harris Leading Ditch"; thence running ning RECEIVE p AUG 03 2018 DCM_wgRO RECEIVED AUG 2 7 2018 DCM-MHD CITY BK 273 PG 045 DOC#405784 along the edge of said leading ditch bank an eastwardly course to the back line of the Uriah Harris Tract" thence running in a northwardly direction, 12 feet to the South line of the W. L. Patrick land; thence running with said southward line of the Patrick land, a westwardly course to the beginning, containing one acre, more or less. There is excepted from the above described three tracts the following real property which was heretofore conveyed to others by the Grantors herein and the predecessors in title of the Grantors herein: OUTPARCEL NUMBER ONE: Bounded on the Northeast by that part of the John L Roper Lumber Co. land now owned by American Cyanamid; bounded on the Southeast by that part of the J. E. Rose tract now owned by Theodore Rose or some member of his family; bounded on the Southwest by the Waupoppin or Government Canal; and bounded on the Northwest by that part of the W. B. Neal tract of woodsland that is now owned by O.K. Hall and wife, containing 35 acres, more or less. Reference is made to deed in Book 93, Page 29Z Hyde County Registry. This is that part of the "First Tract" described in a deed from J. Frank Marco and wife to Max G. Mann et al dated the 30th day of April, 1963, which deed is of record in the Office of the Register of Deeds of Hyde County, North Carolina, in Deed Book 77, Page 272, that Iles on the Northeast side of the Waupoppin or Government Canal. • ir:1 Lfult 1 K • BEGINNING at an iron pipe set in the Easterly edge of the right of way of SR 1315, said point of beginning being located along the Easterly edge of the Wallace Canal and the Northwestentmost comer of that property conveyed to a Rose in Deed Book 74, Page 26, Hyde County Registry and thence from said point of beginning and along said Wallace Canal North 28 degrees 19 minutes 53 seconds West 201.86 feet to an iron pipe set; thence North 64 degrees 04 minutes 38 seconds East 389.60 feet to an iron pipe; thence South 27 degrees 07 minutes 10 seconds East 20824 feet to an iron pipe set; thence South 65 degrees 02 minutes 46 seconds West 38552 feet to the point of beginning containing 1.82 acres as the same is shown on that map entitled "Survey for Thomas D. Holadia and Wife, Dorothy G. Holadia" dated April 26, 1999, prepared by James J. Albera, Professional Land Surveyor, to which reference is made. Reference is made to Deed Book 77, Page 27Z and map recorded in Deed Book 39, Page 276, Hyde County Registry. Reference is made to deed from Edward L. Mann & Wife, Cheryl W. Mann to"Lhomas D. Holadia & Wife, Dorothy G. Holadia in Deed book 177, Page 446, Hyde County Registry. RECEIVED AUG 0 8 2018 DCM_wgRO RECEIVED AUG 2 71318 DCM-MHD CITY BK 273 PG 046 DOC#405784 TRACT SIX Bounded on the Northeast by that John L Roper Lumber Company tract now or formerly owned by Pamlico, Inc.; bounded on the Southeast by the Home Place of Hannah Neal Wright; bounded on the Southwest by the Wallace Canal that nuns along the Northeast side of North Carolina State Road No. 1315, better known as the "Swamp Road"; and bounded on the Northwest by that parcel of lane that was devised by John Edward Rose to his grandson, James Ray Wood, containing _ acres, more or less. This is the identical and same land that was devised to Eunice Rose Spencer by her father, John Edward Rose, as Lot No. 4 in "Item Three" of his Last Will and Testament which was probated on March 15, 1%1, and which is of record in the Office of the Clerk of the Superior Court of Hyde County, North Carolina, in Will Book 14, page 170. Reference is hereby made to said record and the same is to be taken as a part hereof for the purpose of description. RECEIVED AUG 0 3 p018 DCM.wgRo RECEIVED AUG 2 7 2018 C)cM4AHD CITY Wallace Canal Tide Gates Major LAMA Permit Application Riparian Landowner List 7-11-2018 MP1, 6(f) HALLA, OLIVIA K 1142 SWAMP RD ENGELHARD, NC 27824 HOLADAI, THOMAS D 9855 N LAKE RD FAIRFIELD, NC 27826 DAVIS, KELLY 19770 US 264 SWAN QUARTER, NC 27885 NC DOT DARICK LEE, DISTRICT 1 19210 US 64 East WILIAMSTON, NC 27892 RECEIVED AUG 03 2018 DCM_wgRO RECEIVED AUG 2 7 2018 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized uc„n10 j J5 i I n n Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at g 1 Z S in I v� c _County. L LC"I Ik- In,54AIlodiati E4 lazy AUG 03 2018 I furthermore certify that 1 am authorized to grant, and do in fact granT ijt7p, (o Division of Coastal Management staff, the Local Permit Officer and their agents to e on the aforementioned lands in connection with evaluating information related to this permit application. Owner Inform do ?Wt" '7l, q%ffff&1 M&1Z 61 a�gn u carves � n J2 Print ogType Af4me This certification is valid through 1 2.. / 19 / 20 i g RECEIVED AUG 2 7 2018 ;)t,M-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: 6} ACL F6 Jn! (A, ) Mailing Address: Phone Number: Email Address: C (1 Uk/I7a Cz o t ✓tP (? ✓)C. Z/Z • Le v� !, I certify that I have authorized DAm,a r I n r\ Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: T k e i no la (I o f ien D� -Fwr--) 41A& flc%tcS 11^, pex(skir<�f-s at my property located at g I Z S �. �,� R�, En�� (4���� NC, 2�x2y G in �� c County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. 7 Pro y Owner Information: RECEIVE AUG 03 2018 Signature C L)CM-WARo O C5 %�i -Dill Cxr) tl-: Print or Type Name Title Date This certification is valid through 12- / 19 I 20 I ? RECEIVED AUG 27":018 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dnecfor James Britt & Charles Duncan P.O. Box 12085 Raleigh NC 27824 NORTH CAROLINA Envfronmenfol QuaW Dear Mr. Britt & Mr. Duncan: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town of Engelhard Hyde County, North Carolina. It was received on 3 August 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is 17 October 2018. 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. Steve Trowell, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948- 3854 or via email at Steve.TrowellOncdenr.gov if you have any questions. If this agency does not render a permit decision within 70 days from 3 August 2018, 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-119Cb) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way frontingyour property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED �j AUG 2 7 2018 OCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 Morehead CM Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.808.2808 r .'t 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, 6e Steve Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator WARO RECEIVED AUG 2 7 2018 DCM-MHD CITY North Carolina Deparrment of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mail I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wihningtor4 North Carolina 28405 1910.796.7215 Morehead City 0111ce 1 400 Commerce Avenue I Morehead Cttv. North Carolina 28557 1 252.8082808 e .` ROY COOPER NORTH CAROLINA Governor Environmental Quaffty MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dlrecror Daniel Brinn 30 Oyster Creek Rd P.O. Box 219 Swan Quarter NC 27885 Dear Mr. Brinn: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town of Engelhard Hyde County, North Carolina. It was received on 3 August 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is 17 October 2018. 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. Steve Trowell, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948- 3854 or via email at Steve.Trowell@ncdenr,gov if you have any questions. If this agency does not render a permit decision within 70 days from 3 August 2018, 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 your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED 3 AUG 2 7 2018 D_E North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252946.6481 Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215 Morehead Chv office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.808.2808 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, Steve Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator WARD RECEIVED AUG 2 7 ' i'9 e �3 DCM-MHD CITY a.q North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 2.52.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 Morehead CIN Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 1 252.808.2808 CALVIA PERMIT APPLIED FOR • • • • i._ • • • • M. C ff - •1. . IS �• • .. .mi. - r r �• u . .. . Nofwi W ] W 0: N r � Q U � U Q Pllbjj:sb bot.+e aio Ay TAC3-r Coastlnnd T: mas. COMMENTS ACCEPTED THROUGH sQ Sepiember aon LOCALAPPLICANT: FOR MORE DETAILS CONTACT THE OFFICER : • •• • .• i . •A !Q • ► 1 1 ISNc ar • ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director COASTLAND TIMES PO BOX 400 MANTEO, NC 27954 Attention NORTH CAROLINA Environmental Quality 22 August 2018 Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 26 August 2018 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Melissa Sebastian NCDEQ COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 SSiin(cerre�ly, v9' Keri Sparks, Administrative Assistant Division of Coastal Management ATTACHMENT Cc: File RECEIVED AUG 2 7 ?.C18 DCM-MHD CITY North Carolina Department of Environmental Quality I Dhision of coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 Morehead ON Office 1 400 Commerce Avenue I Morehead ON. North Carolina 28557 1 252.8082808 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 3 August 2018. According to the said application submitted by Daniel Brinn, applicant proposes to install tide gate to existing culverts for the purpose of preventing saltwater intrusion upstream of the location SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County North Carolina. A copy of the entire application may be examined or copied at the office of Jonathan R. Howell, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 06 September 2018 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Steve Trowell Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3854 Please publish on: 26 August 2018 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT RECEIVED D Q�� DC M MHp C1TY ..... North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 278891 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796,7215 Morehead Chv Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.808.2808 a U � N n Q ru- LLJ M cc s.l. 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Re,trioso oeaa, ) J '2 "'If' L u I J to Postage r3 $ fU Total Postagemd $ ?_ ' M1 Senf To C3 rasa _. .__ �� ll^pg Domestic Mail G aml For delivery lnfom rat S Certified Mail Fee - ^ $ Eye Services &Fees (c�cx tw, erA O Q��t rom Receyr(wacap�A s O ❑Rawm PecaPt faecwnb) $ p ❑C Hffil Mail ReaMdM Delivery $ M ❑Aeuesignalurc Recurr i E ❑ACue Signature Reamtee p 1ivary E 0 Postage O S S fIJ Total Postage and Fees S rr=1 S M Toand 1 L 0 art �`yl �LeS &x%V .N� r ♦ Ie'1f �T : Postaianc j 1 H�, ,� L�{l'J "J USPS Tracking® FAQs >(http://faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 70172400000054818988 On Time Expected Delivery on SATURDAY 4 AUGUST 2018 G Delivered by 8:00pm O August 4, 2018 at 10:46 am Delivered, Left with Individual SWANQUARTER, NC 27885 Get Updates \/ Text & Email Updates Remove X v Tracking History Product Information u See Less /\ a Tracking Number: 70172400000054818810 4((G Remove X This is a reminder to arrange for redelivery of your item or your item will be returned to sender, Delivery Attempt Reminder to Schedule Redelivery of your item Get Updates \/ See More \/ Tracking Number: 70172400000054818971 rI 010�l Remove X On Time Expected Delivery on SATURDAY 4 AUGUST by 2018Q 8:OOpmO OV Delivered August 4, 2018 at 1:42 pm Delivered, -Left with Individual FAIRFIELD, NC 27826 Get Updates \/ See More \/ Tracking Number: 70172400000054818964 k Remove X Your item was delivered to an individual at the address at 8:52 am on August 6, 2018 in WILLIAMSTON, NC 27892. G Delivered August 6, 2018 at 8:52 am Delivered, Left with Individual WILLIAMSTON, NC 27892 Get Updates \/ See More u Tracking Number: 70172400000054818957 -UR Remove X Your item was delivered to the front desk or reception area at 10:28 am on August 6, 2018 in WASHINGTON, NC 27889. G Delivered August 6, 2018 at 10:28 am Delivered, Front Desk/Reception WASHINGTON, NC 27889 Get Updates \/ See More \/ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (http://faq.usps.com/?articield=220900) RIPARIAN NOTIFICATION FOR CAMA MAJOR PERMIT APPLICATIONS Daniel Brinn Hyde County Water & Flood Control Coordinator 30 Oyster Creek Rd P 0 Box 219 Swan Quarter, NC 27885 Certified Mail — Return Receipt Requested July filth, 2018 HALLA, OLIVIA K 1142 SWAMP RD ENGELHARD, NC 27824 Dear Mrs. Halla James Britt and Charles Duncan are applying for a CAMA Major permit to install tide on existing 36" culverts located at 812 Swamp Rd, Engelhard, NC 27824, in Hyde County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Jonathan Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as a no objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at dbrinn@hydecountync.gov Sincerely, Daniel Brinn Water & Flood Control Coordinator Enclosures, MP1, MPS, Drawings/Maps RECEIVED AUG 2 7 2018 DCM-MHD CITY RIPARIAN NOTIFICATION FOR CAMA MAJOR PERMIT APPLICATIONS Daniel Brinn Hyde County Water & Flood Control Coordinator 30 Oyster Creek Rd P O Box 219 Swan Quarter, NC 27885 Certified Mail —Return Receipt Requested July lath, 2018 KELLY DAVIS 19770 US 264 SWAN QUARTER, NC 27885 Dear Mrs. Davis James Britt and Charles Duncan are applying for a CAMA Major permit to install tide on existing 36" culverts located at 812 Swamp Rd, Engelhard, NC 27824, in Hyde County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Jonathan Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as a no objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at dbrinn@hydecountync.gov Sincerely, Daniel Brinn Water & Flood Control Coordinator Enclosures, MP1, MP5, Drawings/Maps RECEIVED AUG 2 7 2018 DC V1-MHD CITY RIPARIAN NOTIFICATION FOR CAMA MAJOR PERMIT APPLICATIONS Daniel Brinn Hyde County Water & Flood Control Coordinator 30 Oyster Creek Rd P 0 Box 219 Swan Quarter, NC 27885 Certified Mail— Return Receipt Requested July 11th, 2018 THOMAS D HOLADAI 9855 N LAKE RD FAIRFIELD, NC 27826 Dear Mr. Holadai James Britt and Charles Duncan are applying for a CAMA Major permit to Install tide on existing 36" culverts located at 812 Swamp Rd, Engelhard, NC 27824, in Hyde County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Jonathan Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as a no objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at dbrinn@hydecountync.gov Sincerely, Daniel Brinn Water & Flood Control Coordinator Enclosures, MP1, MP5, Drawings/Maps DECEIVED AUG 2 7 2018 DCM-MHD CITY RIPARIAN NOTIFICATION FOR CAMA MAJOR PERMIT APPLICATIONS Daniel Brinn Hyde County Water & Flood Control Coordinator 30 Oyster Creek Rd P O Box 219 Swan Quarter, NC 27885 Certified Mail — Return Receipt Requested July 11th, 2018 NC DOT DARICK LEE, DISTRICT 1 19210 US 64 East WILIAMSTON, NC 27892 Dear Mr. Lee James Britt and Charles Duncan are applying for a CAMA Major permit to install tide on existing 36" culverts located at 812 Swamp Rd, Engelhard, NC 27924, in Hyde County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Jonathan Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as a no objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at dbrinn@hydecountync.gov Sincerely, Daniel Brinn Water & Flood Control Coordinator Enclosures, MP1, MP5, Drawings/Maps RECEIVED WG `z WARO TRACKING FORM Date application first received in WaRO 8-b- ( 8 Date application received as complete "' Check Narrative Y MP-1 AI ` MP-2 M 1A_ MP-3 N1A MP-4 MP-S _!L Agent Authorization Form H%A 15' Waiver Left Side Deed Location Map Plat(s) Cross Section(s) Green Cards Postal Receipts lefts to A03cert Property Owners t4L /,4 Mitigation Plan N A 15' Wavier Right Side Preliminary review by Date 6- 6-�y RECEIVED AUG 2 7 2018 DCM-MHD CITY NC Division of Coastal Management Cashier's Official Receipt Received From: Permit No.: Applicant's Project Add Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: 6459 A B C D y RECEIVED AUG 2 1 1U18 0CM-MAD C1TV MAJOR PERIVINT1 IN EC hkA71 X selection Devalopmmoffl 7ypa r&S 11 DC109 % 11 DWO % (14300 1601 435 u000931625 6253) (243001602 435100095 2341) velopment that does not $250 i 100% ($250) in the tilling or cavation of any wetlands ' open water areas: Public or commercial Je velopment that does not $400100%($400) 0%($0) volve the filling orcavation of any wetlands 0 n water areas: ajor Modification to a $250 100% ($250) 00/0($0) involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, III(A). Private, n4lied commercial devea t, if $250 100% ($250) 0% ($0) General Water Certification Noee attached can b:III(B). Public or ialdevelopment, if$400 100%($400) 0% ($0) Water Quality CnNo. 3490 (See ) Quality Certification No. $400 60% ($240) 40% ($160) 3900 (see attached) could be applied, but DCM staff RECEIVED that additional review and written DWQ concurrence is needed AUG 2 7 2018 because of concerns related to water quality or anuatic life- DCM-MHD Cl' Quality Certification No. $400 60% ($240) 40% ($160) 3900 (see attached) cannot be applied: IV. For development that involves the filling and/or $4 i5 60% ($2fi5) 40% ($190) excavation of more than one acre of wetlands and/or