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HomeMy WebLinkAbout127-18 Southern Properties of Virginia LLC------------ - Permit Class Permit Number NEW 127-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for 2 Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Southern Properties of Virginia LLC., 5625 Hillside Rd., Roanoke VA 24014 Authorizing development in Currituck County at adj. to Albemarle Sound, at 212 Harbinger Ridge Rd., in Harbinger .. , as requested in the permittee's application dated 6/19/18, including attached workplan drawings (1). dated Revised 6/13/18. This permit, issued on November 14, 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 )i mese terms may De suoject to nnes, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The perrnittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 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.(f5avis, Director .on of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Properties of Virginia LLC. Permit No.127-18 Page 2 of 3 ADDITIONAL CONDITIONS This permit authorizes a maximum of 1 formalized boat slip. The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides,along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. The roof of the gazebo shall not be designed for second story use. " .No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Groin Field The locations of the authorized groins shall be verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by DCM within a maximum of 30 days prior to the new expected start of construction. The groins, as depicted on the attached workplans, shall not extend more than 25 feet waterward of the normal water level at the time of construction. Upland Development Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the removal and construction of the two sets of stairs and the removal of the attached deck associated with the single :family residence, all as expressly and specifically set forth in the attached permit application and workplan drawings. General No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved groin field alignment. If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry 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. Properties of Virginia LLC. , , rik: + I"- ADDITIONAL-CONDI-TIONS Permit No.127-18 Page 3 of 3 The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. E: 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-2018-01480) issued 11/13/18. . 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. 18-1009. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water"level. T_c An application processing fee of $250 was received by DCM for this project. Coastal Management ENVIRONMENTAL OVAL" Southern Properties of Virginia LLC c/o Rick Sumner 5625 Hillside Road Roanoke, VA 24014 Dear Mr. Sumner: November 15, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS rr Director ( iJC� 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, Dou as V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Qualtty I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Ctty, NC 28557 252 808 2808 DCM Coordinator: Permit l Z 7-(a 5 D JDu 1" Ro DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: VA- UZ. c% �Z�k SUI-tlker 2-01" Fe" I4I (with revised work plan drawings) Ella 6 5r.,2- S- 6165�Z�', 2cc c6tf VA ZYot' Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecwme (NC DOT -Remainder ECity/Washington District) Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Ip Heidi Cox (WIRO) Shane Staples David Harris Shannon Jenkins / Sharron Gupton Tim Walton / Mike Moser Sheri Montalvo Clif Whitfield (WARD) Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Ott„ d� (�a(( co - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: Fax Distribution: Pennittee #: Agent# DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Southern Properties of Virginia, LLC c/o Rick Sumner County: Currituck LOCATION OF PROJECT: 212 Harbinger Ridge Road DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 07/05/18 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Date: 7 / / S' B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 250 (100%) PUBLIC NOTICE REC'D: Advertise: 07/22/18 END OF NOTICE DATE: Comments due: 08/11/18 ADJ. RIP. PROP NOTICES RECD: DEED RECO: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 09/18/18 MAIL OUT DATE: Circulation:07/17/18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE, ON: 150 DAY DEADLINE: t L�S efj STATE DUE DATE: Comments due: 08/07/18 FED COMMENTS RECD: DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative % Z %5 L i G•� T Coastal Management - LUP Consistency Division of Community Assistance Z7 Land Quality Section--DEMLR D WR/DWQ — Aquifer Protection DWR/DWQ - Storm Water 7/llfj r$ DWR— PublicWaterSupply State Property Office Division of Archives & History —Cultural Res. Division of Env. Health --Shellfish Sanitation Division of Highways --DOT Wildlife Resources Commission Local Permit Office/Planning Dept. DMF—DCM Fisheries Resource Specialist 'g k Corps of Engineers C(p t elIItb ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Frank Jennings, District Manager'-(A-9 FROM: Ron Renaldi, Field Representative R.A.Q. DATE: July 27, 2018 SUBJECT: Southern Properties of Virginia, LLC, c/o Rick Sumner Major Permit Recommendations The applicant proposes to stabilize the property's natural shoreline by installing 12 groins and then constructing a 200' long, one -slip docking facility within the waters of the Albemarle Sound. The site of the proposed development is located at 212 Harbinger Ridge Road (SR#1103), Harbinger, Currituck County, adjacent to the Albemarle Sound. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, RECEIVED AUG 03201E North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Elizabeth City Office 1 401 South Griffin Street, Suite 301 1 Elizabeth City. North Carolina 27909 Gregg Bodnar, Assistant Major Permits Coordinator (Applicants Name) Major Permit Recommendations Date Page 2 submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (6) Piers and Docking Facilities and 9 Groins pertain to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (6) Piers and Docking Facilities Subparagraph (6)(A) states that piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator DECEIVED Robert H. Carriker Major Permit Recommendations July 18, 2018 :ai1G 0 3 2018 Page 3 DCrv=-:BIND CITY Subparagraph (6)(B) states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions do not apply to marinas. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(C) states that piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(E) states that the total area enclosed by an individual boat lift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(F) states that piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(G) states that pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: The proposed development is consistent with the intent of this rule. (ii) not extending into the channel portion of the water body; Consistent: The proposed development is consistent with the intent of this rule. (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier -head line. The one-fourth length limitation does not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, Gregg Bodnar, Assistant Major Permits Coordinator Robert H. Carriker Major Permit Recommendations July 18, 2018 Page 4 the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(I) states that piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (9) Groins Subparagraph (9)(A) states, "Groins shall not extend more than 25 feet waterward of the normal high water or normal water level unless a longer structure is justified by site specific conditions and by an individual who meets any North Carolina occupational licensing requirements for the type of structure being proposed and approved during the application process." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (9)(B) states, "Groins shall be set back a minimum of 15 feet from the adjoining riparian lines. The setback for rock groins shall be measured from the toe of the structure. This setback may be waived by written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are co -applicants. Should the adjacent property be sold before construction of the groin commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the permitting agency prior to initiating any development of the groin." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (9)(C) states, "Groins shall pose no threat to navigation." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (9)(D) states, "The height of groins shall not exceed one foot above normal high water or normal water level." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (9)(E) states, "No more than two structures shall be allowed per 100 feet of shoreline unless the applicant provides evidence that more structures are needed for shoreline stabilization." Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Robert H. Carriker Major Permit Recommendations July 18, 2018 Page 5 Subparagraph (9)(F) states, ""L" and "T" sections shall not be allowed at the end of groins." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (9)(G) states, " Riprap material used for groin construction shall be free from loose dirt or any other pollutant and of a size sufficient to prevent its movement from the site by wave and current action." Not applicable: The proposed groins will be constructed with wood sheeting. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a permit be issued to Southern Properties of Virginia, LLC, c/o Rick Sumner for the development as proposed. RECEIVED AUG 0" "1 DCM-MHD CITY E ROY COOPER Governor MICHAEL S. REGAIN Secretary BRAXTON C. DAVIS Director July17; 2018 MEMORANDUM TO: Shannon Jenkins Environmental Health— Shellfish Sanitation FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits' Coordinator Division of Coastal Management SUBJECT: CAMAPermit.Applicaton,Review JUG 13 2018 Applicant: Southern Properties of Virginia,,LLC, c/oltick Sumner Project.Location: 212.Harbingeir Ridge Road, .Currituck County Proposed Project, ,Stabilize the property's, natural shoreline by installing 12 groins and then construction a 200' long, one -slip docking facility within the Albemarle Sound Please indicate below your agency's; position or viewpoint: on the proposed project and return this. form by 08/07/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed; project, please contact Ron Renaldi of (252) 264 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no, objection to the project as proposed. t/This agency has, no comment on the proposed,project. This agency approves of the project only if the: recommended changes are incorporated. See attached: This agency objects to the project for reasons: described in the attached comments. SIGNED Y4 lrwtM4`& DATE 74 f I R Fbt-'-%c nno,q J�r�kiini North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Sulte300 I Elizabeth City, North Carolina 27909 _.._ 2S22643901 Bodnar, Gregg From: Thorpe, Roger Sent: Wednesday, July 25, 2018 3:36 PM To: Bodnar, Gregg Subject: CAMA Major Southern Properties of Virginia, LLC - Shoreline stabilization and docking facility Gregg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER NORTH CAROLINA 0ovanar Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dlrectar July 17, 2018 TO: Clif Whitfield, Environmental Engineer DWR— Public Water Supply Section, WaRO RECEIVED JUL 19 Z018 ®CM -WARD RECEIVED Jill 2 0 18 FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: LAMA Permit Application Review Applicant: Southern Properties of Virginia, LLC, c/o Rick Sumner Project Location: 212 Harbinger Ridge Road, Currituck County Proposed Project: Stabilize the property's natural shoreline by installing 12 groins and then construction a 200' long, one -slip docking facility within the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/07/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. ZThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED l ,C.i ,.iLT/,• Zi DATE amu D Q� a+�b North Carollm Department of Envbanmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 ROY,,COOPER Governor NCHAEL S. REGAN secretary, BRAXTON C. DAVIS Director July 17, 20.18 MEMORANDUM NORTH CAROLINA Environmental Quato RECEiVED JUL 2 7 2018 MP SECTIQN IVHD TO: Lee Padrick Division of Community Assistance FROM: Doug.Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Southern Properties of Virginia, LLC, c/o Rick Sumner ProjectLoeation: 212 Harbinger Ridge Road, Currituck County Proposed Project: Stabilize the property's natural shoreline by installing 12 then construction a 200' long, one -slip docking facility Albemarle Sound Please indicate below your agency's position or viewpoint on the proposedproject and form by 08/07/18 to 400 Commerce Avenue: Morehead City NC 28557 (fax: 252 If you have any questions regarding the proposed project, please contact Ron Renaldi at 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 4�his agency has no comment on the proposed project. This agency approves of the project only if the recommended incorporated. See attached. This agency objects to the project for reasons described in the comments. SIGNED _ y�F.� DATE and the this 264 are attached North Carolina Department ofEnvironmeplal Quality I Divislon of coastal Management Elizabeth City Office 1 401 South OdfM Street, Suite 300 I Elizabeth City; North Carolina 27909 252.264,3901 Y COOPER tmor :HAELS.REGAN etary WON C. DAVIS ctor w=rr'vim NORTH CAROLINA EnvlronmentalQuality AUG 2 2018 July 17, 2018: MPSECTION IVII-ID MEMORANDUM TO: FROM: SUBJECT: Applicant: ' Project Location: Anthony Scarbraugh, DWR - Water Quality - Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits. G Division of Coastal Management CAMA Permit Application Review RECEIVED JUL 19 2018 DCM-WARD Southern Properties of Virginia, LLC, c/o Rick Sumner 212 Harbinger Ridge Road, Currituck County Proposed, Project: Stabilize the property's natural shoreline by ,installing 12 groins and then construction .a 200' long, one -slip docking facility .withinthe Albemarle Sound Please' indicate below your agency's position or viewpoint on the proposed project and return this. form by 08/67/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you'have any questions regarding the proposed project, please'contactRon Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: ThisAgency has no objection to the project as'proposed. ✓This agency has no comment on the proposed project. SIGNED' This agency approves of'dhe project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE l CarulGa Department or Environmental Quallty I Dlvlslon of Coastal Management Try Office 1401 South GrifflnStreet Suite 3001 ElIzaheth City, North Carolina 27909 NOT A t PERMIT ROY COOPER cove enter MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Dtrertor Southern Properties of Virginia, LLC Attn: Mr. Rick Sumner 5625 Hillside Road Roanoke, VA 24014 NORTH CAROLINA Environmental Quality August 23, 2018 RECEIVED AUG 2 1 2018 MP SECTION MHD DWR It 18-1009 Currituck County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Southern Properties of Virginia, LLC - 212 Harbinger Ridge Road Dear Mr. Sumner: You have our approval for the impacts listed below for the purpose described in your application dated July 17, 2018 and received by the Division of Water Resources (Division) on July 20, 2018. These impacts are covered by the attached Water Quality General Certification Number 4144 and the conditions listed below. This certification is associated with the use of 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. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15ANCACO2B.0506(b)(c)) Type of Impact Amount Approved (units) Permanent Amount Reduced (units) Temporary Plan location/ Reference Attached Open Water OW-1(12 Jetties) 0.01(acres) 0 (acres) Sheet No. 1 of 1 OW-2 (Pier and Platform Shading) 0.03 (acres) 1 0 (acres) 2. Water Quality Certification North Carolina Department of Environmental Quality (Division of Water Resources- Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 752-946-fi4Rl SOUTHERN PROPERTIES OF VIRGINIA, LLC DWR# 18-1009 401 APPROVAL Page 2 of 3 The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4144. 115A NCAC 02B .0507(c)] 3. No impacts to SAVs are authorized by this certification. [15A NCAC 07H .0208(b)] Continuing Compliance 4. Turbidity Standard The Permittee shall adhere to Title 15A NCAC 02B .0222 Tidal Salt Water Quality for SB Waters and the water quality standards applicable to Class SC waters as described in Rule .220, including but not limited to: (g) pH: shall be normal waters for the waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; [15A NCAC 02B .0220(g)] (1) Turbidity: the turbidity in the receiving waters shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard can be met when land management activities employ Best Management Practices (BMPs) [as defined by Rule .0202 of this Section]. BMPs must be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such BMPs; [35A NCAC 02B .0220(I)] Other Conditions 5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htti3://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431- 3000 for information. ' Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: if sending via US Postal Service: if sending via delivery service (UPS, Fed Ex, etc.): AUG 2 7 2018 North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 MP SECTION 7V HD Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 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 SOUTHERN PROPERTIES OF VIRGINIA, LLC DWR# 18-1009 401 APPROVAL Page 3 of 3 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrau¢h@ncdenr.Rov if you have any questions or concerns. Sincerely, i ow 7R41k.y+l RobertTankard, 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) Ron Renaldi, DCM Elizabeth City (via email) Josh Pelletier, USACE Washington Regulatory Field Office (via email) Laserfiche F AUG 2 7 2018 MP SECTION MHD North Carolina Department of Environmental Quality Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 SURVEY. E9 ES, PC....DATED T SOCIATES, cn P.C. 11 M M C) 0 RCH. ND M -_j < AD or NWQ M, z FM� noun n) PROPOSED IS' X 12' PLATFORM - (12- X 12- ROOFED) ALBEMARLE SOUND PROPOSED 13' X 13' EX15TV SLIP WITH -BOAT LIFT EX15TIN6 JE PERMITTEOCAMACIP I, EK15TJN6 TTY PROPOSED 6- WIDE A 7,9; PIER -06 EX15TIN6 BULKHEAD PERMITTED CAMA 6P 2017 ------ EX15TIMC, JETTY EX15TIA6 JETTY PROPOSED JETTY---Ltj,l PROPOSED JETTY,. AVC,-4AW BEA6H PROPOSED JETTY PROPOSED JETTY J PROPOSED #8 JETTY .#7 Ix I PROPOSED JETTY ETIy ,3 q 'PERMITTED (NOT CON5T TER) 1VWO)fALL.5 (&P) PER LAMA MINOR' EXISTfidS POND 15TORr 5F.D. ON PILE5 W ENCLO:56RE STAIRS ;K, 0 . sl� EXISTING• STAIRS —PEML - PROPOSED LIAE fff , , EXISTING STAIR TO BE REMOVED JETTY - TO BE REMOVE �-REMOVED DECK PROPOSED, JETTY PROPOSED JET Y-� Y 02, PROPOSED JETTY #1 MICAL BOAT n-r NCTIghl 1'e North Carolina Environmentai 'Management Commiision Division of . Water Resourc-es D*7 EX15TIN6 DRAIWE FEATURE -�(916ITZEV PER 2016 AERIAL) Permit # c>0 XT5 7-lA6 5AW BEA6H ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director July 17, 2018 TO: NORTH CAROLINA Environmental Quality Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Southern Properties of Virginia, LLC, c/o Rick Sumner Project Location: 212 Harbinger Ridge Road, Currituck County Proposed Project: Stabilize the property's natural shoreline by installing 12 groins and then construction a 200' long, one -slip docking facility within the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/07/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objec s to the ect fol X S� nts. SIGNE ATE Hoain cnAa�rwD � Q�� reasons described in the attached .2G RECEIVED AUG 0 3 2018 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carona 27909 D CM-M H D CITY 252.264.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coal Management FROM: Charlan Owen AICP, NE District Planner Division of Coastal Management SUBJECT: Major Permit Request by Southern Properties of Virginia, LLC to install twelve (12) groins and a 6 foot wide by 188 foot long pier with an 18 foot by 12 foot platform, a 14 foot by 14 foot roof, and a 13 foot by 13 foot boat lift; on the Albemarle Sound at 212 Harbinger Ridge Road, in the Harbinger community, in Currituck County. DATE: July 26, 2018 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through June 24, 2009. Overview: The 33.7 acre subject property has 1,400 linear feet of shoreline along the Albemarle Sound. Approximately 370 linear feet of shoreline contains highground, with the remainder consisting of Section 404 Wetlands. The property is primarily made up of Section 404 Wetlands. The highground has an elevation of 3 feet above Normal Water Level (NWL). The property is located in the AE floodzone. The outlet of a large drainage ditch is located on the southeast area of the property. The ditch is .5 mile in length and extends from the north side of Harbinger Ridge Road, through wetlands, across 515 feet of the subject property to the Albemarle Sound. The ditch was open to the sound as recently as March 2017, but is current disconnected from the sound by a 50 long naturally formed sand plug. Existing site improvements consist of a single-family house and two (2) man-made ponds. AA mile dirt driveway connects the house, located on highground adjacent to the sound, with Harbinger Ridge Road. Existing shoreline improvements consist of 80 linear feet of bulkhead and six (6) groins extending 25 feet waterward of NWL. The bulkhead is located along highground shoreline near the house. The groins are spaced 50 feet apart. The remaining shoreline is natural and adjacent to Section 404 wetlands or sandy beach areas. CAMA Minor Permit #M18-01 was issued in February 2018 to raise the house and place fill underneath. RECEIVED �D.F AUG 032018 DCM-MHD CITY North Carolina Departntem of Environmental Quality I Division of Coastan0l4nagement -" -'— Elizabeth City Office 1 401 South Griffin Street, Suhe 300 1 Elizabeth City, North Carolina 27909 - -- - -- -- 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 4 Installation of twelve (12) groins and a 6 foot wide by 188 foot long pier with an 18 foot by 12 foot platform, a 14 foot by 14 foot roof, and a 13 foot by 13 foot boat lift is proposed. The groins will extend 25 feet waterward of NWL, 5 feet landward, and will be spaced 50 feet apart. Groin height will be 1 foot above NWL. Water depths at the groin locations range from .5 to 1.5 feet above NWL. Eight (8) of the groins will extend landward into Section 404 wetlands. One (1) boat slip will be provided. Water depths at the pier terminus are approximately 3.5 feet below NWL. The waters of the Albemarle Sound in this area are classified as Joint and SB and are closed to shellfish taking. Submerged Aquatic Vegetation (SAV) was not observed growing in the project area. Based on available information, there are no archaeological sites on this property or nearby. A review of potential historic resources was not provided. Anticipated Impacts resulting from this project are expected to include: the disturbance of 300 sq. ft. of Public Trust Area/Estuarine Waters Area of Environmental Concern (AEC), 40 sq. ft. of Section 404 Wetlands within the Estuarine Shoreline AEC, and 20 sq. ft. of Estuarine Shoreline AEC, and, the shading of 1,386 sq. ft. of Public Trust Area/Estuarine Waters AEC. Basis for Determination: The site is designated as "Limited Service Areas (Areas Preferred for Low Density Development)" on the Currituck County Future Land Use Map (FLUM); with Areas of Environmental Concern (AECs) designated as "Conservation Areas' as indicated on Page 11-1. Section 404 wetlands are also included in the Conservation designation. The site is also located within the "Point Harbor' sub area. As indicate on Page 11-1, "(t)he purpose of the Conservation class is to provide for the long-term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The Conservation class should be applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features." Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". The following LUP policies may be applicable to this request: RECEIVED AUG 0 3 2018 DCM-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management Land Use Compatibility: Policy ES2, Page 9-5. "NON -COASTAL WETLANDS, including FRESHWATER SWAMPS, AND INLAND, NON -TIDAL WETLANDS, shall be conserved for the important role they play in absorbing floodwaters, filtering pollutants from stormwater runoff, recharging the ground water table, and providing critical habitat for many plant and animal species. Currituck County supports the efforts of the U. S. Army Corps of Engineers in protecting such wetlands through the Section 404 permit program of the Clean Water Management Act as well as Section 403 water quality certifications by the State of North Carolina." Policy ES4, Page 9-6. "in approving new developments, Currituck County shall support the retention or creation of a vegetated buffer along ESTUARINE SHORELINES as a simple, effective and low-cost means of preventing pollutants from entering estuarine waters. Exceptions to this requirement may include developments involving pre-existing man-made features such as hardened shorelines, ditches, and canals. ...The County also supports CAMA use standards for all COASTAL SHORELINES, whether estuarine or otherwise." Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependent (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." Policy ES6, Page 9-6. "The location and design of piers and docks shall not unduly interfere with the rights of the public to the free and unobstructed use of PUBLIC TRUST WATERS for navigation, fishing, and other uses. Efforts to limit the length of piers into public trust waters shall be supported." Natural Hazard Areas: Policy NH1, Page 9-16. 'The County recognizes the risks to life and property that exist within SPECIAL FLOOD HAZARD AREAS (i.e. areas having a 1 % chance of flooding in any year) that may be inundated during major storm events. The MEMORANDUM Page 3 of 4 RECEIVED AUG 0 3 2018 DCM-MHD CITY North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 4 County will continue taking measures to mitigate these risks and will avoid taking any action in these areas that materially increases risks to life and property." Policy NH2, Page 9-16. "The County shall require development and redevelopment within SPECIAL FLOOD HAZARD AREAS to meet the standards of the National Flood Insurance Program and the County's Flood Damage Prevention Ordinance..." Policy NHB, Page 9-16 and 9-17. "Currituck County encourages owners of PROPERTIES ALONG ESTUARINE SHORELINES to employ the least hardened approach to shoreline stabilization (i. e. marsh grass favored over riprap favored over bulkheading, etc.) provided that reasonable access is available to install the technology." Water Quality: Policy WQ3, Page 9-17. "Currituck County supports policies, plans and actions that help protect the water quality of the county's estuarine system by preventing SOIL EROSION AND SEDIMENTATION, and by controlling the quantity and quality of STORMWATER RUNOFF entering the estuary." Policy WQ6, Page 9-17. "Currituck County supports the retention or preservation of VEGETATED BUFFERS along the edge of drainage ways, streams and other components of the estuarine system as an effective, low cost means of protecting water quality." Local Countywide Concerns: Policy HP4, Page 9-20. "The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC AND ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged." RECEIVED AUG 0 3 2018 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor EnvironmentalQuglity MICHAEL S. REGAN Secretary BRAXTON C. DAVIS RECEIVED Director July 17, 2018 JUL 13 201� DCM-Flsherlas MPi.mnn AN nTTM WARD RECEIVED JUL 19 2018 ®CM -WARD TO: Shane Staples, Fisheries Resource Specialist AUG 6 2018 Division of Coastal Management, WaRO FROM: Doug Huggett, Major Permits Coordinator NqP SECTION 11iHD c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application. Review Applicant: Southern Properties of Virginia, LLC, c/o Rick Sumner Project Location: 212 Harbinger Ridge.Road, Currituck County . Proposed Project: Stabilize the property's natural shoreline by installing 12 groins and then construction a 200' long, one -slip .docking facility within the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/07/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This. agency approves of the project only if.the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE D_EQ�IXIN1 ppNNVIM H W ule V'AI OY1V North Carolina Department ofESrytronmental Quality I DIVIslonofCoastal Management Elizabeth City Office 1401 South GrlFFlnStreet, Suite 300 1 Elizabeth City, North CaroUna27909 252,2649901 ROY COOPER Governor WCIWL S, REGAN Secretary 'BRAXTON C. DAVIS Otrector July 17,:2018 MEMORANDUM TO.: Maria NC W FROiVI:; Doug Hug c/o. Gregg Division,( SUBJECT:. CAMA Applicant: Southern Project Location: 212 £nvOlrRonm nt IQ aAty aECEIVE® AUG 8 2018 MP SECTION MH® Commission )r Permits. Coordinator kssistant Major Permits Coordinator Management ,Application Review. of Virginia, LLC, c/o Rick:Sumner Currituck County Proposed Project: Stabilize the property's natural shoreline by installing 12 groins and hen. tconsfr ction a 2001 long, one -slip docking facility -within the your When'appropriate, REPLY: This agency This agency a incorporated. This agency comments. or viewpoint on theproposed project, and.retum.this 'oject, please contactRonat(252) 264 supporting data are "requested. objection to the project as proposed. no comment on the proposedprojeci. of the project only if the recommended changes .are to the project, for reasons described, in the +attached. SIGNED A7DATE 8-8-2"0)A North Carolina Doartm¢nt of Environmental Quality I Dlvislon of Coastal Management. Elizabeth: City Office.( 401 South Griffin Street,Suite 3001Elizabeth City, North Caroina 27909 252264,3901 ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director July 17, 2018 TO: NORTH CAROLINA Environmental Quality Tim Walton, Director State Property Office FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review RECEIVED AUG 17 2018 DCM-MHD CITY Applicant: Southern Properties of Virginia, LLC, c/o Rick Sumner Project Location: 212 Harbinger Ridge Road, Currituck County Proposed Project: Stabilize the property's natural shoreline by installing 12 groins and then construction a 200' long, one -slip docking facility within the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/07/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. n ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments SIGNED W&V_0 4- O DATE 9171 18 moo.. Q North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 November 13, 2018 Regulatory Division Action ID No. SAW-2018-01480 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Rick Sumner to construct twelve 25-foot groins and construct a 188' x 6' dock with an associated 12' by 18' dock along the shoreline located at 212 Harbinger Ridge Road, adjacent to the Currituck Sound, in Harbinger, Currituck County, North CarolinaCounty, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 . Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management DC.M MP-1 r APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Southern Properties Of Virginia Llc 212 Harbinger Ridge Road Received Applicant 1: First Name MI Last Name Rick Sumner'`' ---" Applicant 2: First Name MI Last Name t DCM ^C If additional applicants, please attach an additional page(s) with names listed.NNC Mailing Address PO Boxt27941-1 5625 Hillside Road ZIP Country Phone No. 24014 USA - - Street Address (if different from above) City ZIP 212 Harbinger Ridge Road HarbingerEmail 2. Agent/Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian D Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 •3300 ext. ext. FAX No. Contractor k Street Address (d different from above) City State ZIP 8466 Caratoke Highway Suite 400 Powells Point NC 27966 - Email brubino*quible.com RECEIVED <Form continues on back> t��.JUL,,t2L�0 20?9 252.808.2808 .. 1.888.4RCOAST .. www.nccoastalmanage�'i.BMMTNHDC'TY Form DCM MP-1 (Page 2 of 4) Received APPLICATION for I Major Development Permit, 3 ProjectLocati�on ' County (can be multiple) Street Address State Rd. # Currituck 212 Harbinger Ridge Road Subdivision Name City State Zip Harbinger NC 27941 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Albemarle 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. Currituck County 4 Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,422 1,467,972 SF c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 33.7 Acres, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 3.0' ❑NHW or ®NWL e. Vegetation on tract Uplands on site are mostly maintained grasses with some trees in the waterfron area. The majority of the rest of the property is heavily wooded, with loblolly pine, red cedar, wax myrtle, red oak, water oak, etc. Wetlands consist of coastal and 404 species. I. Man-made features and uses now on tract - Currently existing features onsite include a one story single family residence on pilings, bulkhead, six timber jetties, and soil driveway. g. Identify and describe the existing land uses adjacent to the proposed project site. The project site is adjacent to the Cypress Point II subdivision in Harbinger to the South, single family residence subdivision. and undeveloped uplands and wetlands to the North. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? AG - Agriclture (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808.2808 :: 1.888.411COAST :: www.necoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes []No (it) Are there coastal wetlands on the site? ®Yes ❑No (Iii) If yes to either (1) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Onsite septic and drain field Received o. Describe existing drinking water supply source. On -site well p. Describe existing storm water management or treatment systems. DMEC N/A 5- Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The site will maintain it's current use and daily activities as a single family residence. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. d. List all development activities you propose. The purpose of this project in to protect the exisiting shoreline with jetties and accreate new sediment to stablize the eroding shorelines. Tweleve new 30 LF timber jetties are proposed along the shoreline. A 188 If by six foot wide pier with 18ft by 12ft platform is proposed with one boat slip and a 13 ft by 13ft boat lift. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work I. What is the approximate total disturbed land area resulting from the proposed project? N/A ®Sq.Ft or []Acres g. WIII the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes []No ®NA If yes, attach a mitigation proposal. <Form continues on back> tztt;tlVED JUL 2 0 2018 252.808.2808 :: 1.888.4RCOAST :: www.necoastalmanagement.net IN Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit I q 6 ,Atltlifional forma n ., (n add�hon;to this completed appkcallon /orm (MP-1) t/te following dams below rf appllcable must tie submrtfed rn'order /or the applrcation package'tobe complete. Items (a) {If are alway§'app6cable toanymalor.development apphcatiari Please consultthe applicatfon °ymstniction tiooklet on how to'prropedy prepare the regwred items below z a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name`Benjamin J.`Kessler _ Phone No: - 'Address 158 Landing Road Harbinger`,, NC 27941 _ Name Cypress Point II HOA Inc. Phone No. Address 205 Westside Drive Harbinger, NC 27941 Name - - Phone No. - Addtess g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. GP# 68280A 9/5/2017 Minor Pemit #M18-01 2/9/2018 GP# 68648A 3/29/2018 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only th The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name GC,oa Avibrno—A5a,.-T (Q,'6kQtAss0c-i%"-) (o�l°Ilznt`b Vo/Z (ZiCK sr..V. I ^ Signature � �(-Q-i/(1--_ 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 it ` a) m ' .- ...�i a C�'. 252.808.2808 :: 1-888.4RCOAST :: www.nccoastal management. net i` Form bCM MP-4 STRUCTURES (Construction within Public Trust Areas) Received DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Govemment ®Private/Community ❑Yes ®No c. (1) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes ®No (ii) Number 1 If yes: (iii) Length 188 LF (il) Number (iv) Width 6 ft (III) Length (v) Floating []Yes ®No IN) Width (v) Floating []Yes []No e. (i) Are Platforms included? ®Yes ❑No I. (i) Are Boatlifts included? ®Yes []No If yes: If yes: (ii) Number 1 (ii) Number 1 (iii) Length 18 ft (III) Length 13 ft (iv) Width 12 ft (iv) Width 13 ft (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 1_ ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marina supplies ® Dockage ('Wet slips") only, number of slips: 1 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 20 It m. (1) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of be pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). center console or skiff I. (1) Will the facility be open to the general public? ❑Yes ®No RECEIVED JUL 2 0 2018 DCM-MHD CITY 252-808-2808 :: 1-888.4RCOA5T n www.necoastaimanagement.net revised: 12/27/06 rl Form DCM MP-4 (Structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers Received ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. ®CM -EC c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on ovemight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? M. Is the madna/docking facility proposed within a primary or secondary nursery area? ❑Yes []No 252-808-2808 :: 1.888-4RC0AST N www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. — Is the-Iharina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO o. Is the madna/docking facility proposed within or adjacent to 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 p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered fills) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) ❑This section not applicable a. (i) Number 12 (ii) Length 30 ft (Maximum of 25 It waterward of NWL and 5 It landward (III) Width 1 ft 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL orwetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) e. Arc of the swing Received RECEIVED JUL 2 0 2018 DMEC e -MHD CITY 252.808.2808 :: 1.8884RCOAST :: www.ncconstalmanaaement.net revised: 12/27/06 i Form ®CM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Feet to the S and`4'ffeet to the N ]qo e A e 499' R-A iZ Note: For buoy or mooring piling, use arc of swing including length of vessel, c. Width of water body Approximate 14 miles e. (1) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. -510 feet to the SE and -1.7 miles to the NW d. Water depth at waterward end of structure at NLW or NW L -3.5 it 4. OTHER'iw a. Give complete description: Note: The platform described in t.e and shown on plan view and cross-section will be roofed C. Received D CM-` V 252.808.2808 :: 1.888.4RCOAST :: www.necoastaimanagement.net revised: 12127/06 A DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Southern Properties of Virginia, LLC, c/o Rick Sumner 2. LOCATION OF PROJECT SITE: 212 Harbinger Ridge Road (SR#1103), Harbinger, Currituck County, adjacent to the Albemarle Sound. Photo Index —2006: 191-7083 (R,S 18-21) Lat/Long:36.089428' N,-75.827159' W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/29/2018; 7/11/2018 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 7/5/2018 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification from LUP - Limited Service and Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - Septic Planned — N/A (F) Type of Structures: Existing — Single-family residence, bulkhead, 6 groins (jetties) Planned — 12 additional groins, pier with platform and boatlift (G) Estimated Annual Rate of Erosion: 3-47yr Source — Staff review of Google imagery 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] nRFDGFD FILLED OTHER (A) Shallow Bottom PTA, EW AEC's ±1,386 ft2 shaded ±300 ft2 disturbed (B) Estuarine Shoreline AEC ±20 ft2 disturbed USACE 404-wetlands within AEC ±40 ft2 disturbed (C) Other (D) Total Area Disturbed: ±1,746 ft2 (E) Primary Nursery Area: No RECEIVED (F) Water Classification: SB Open to Shellfishing: No JUL 2 0 2018 DCM-MHD CITY Southern Properties of Virginia, I.LC, c/o Rick Sumner Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to stabilize the property's natural shoreline by installing 12 groins and then constructing a 200' long, one -slip docking facility within the waters of the Albemarle Sound. Proiect Settin The site of the proposed development is located at 212 Harbinger Ridge Road (SR#1103), Harbinger, Currituck County, adjacent to the Albemarle Sound. The property is±33.7 acres in size and is predominantly made up of USACE 404-wetlands. An existing soil road located on the eastern side of the property extends ±.4 miles from Harbinger Ridge Road to highground area adjacent to the Albemarle Sound. The highground area has an elevation of ±3' above NWL and is the location of a single-family dwelling and two man-made ponds. CAMA Minor Permit #M18-01 was issued on 2/9/2018 to raise the dwelling and place fill material under it. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the nearshore soil on the property is made up of Conetoe loamy sand (CnA), Tomotley fine sandy loam (To) and Wasda muck (Ws). Based on available information, there appears to be no archaeological sites on this property or nearby. The properties shoreline is ±1,400' in length, of which ±370' is adjacent to the non -wetland highground area. This section has been hardened with ±80' of bulkhead located adjacent to the dwelling and has 6 existing groins that extend 25' waterward of normal water level (NWL) that are spaced 50' apart. The remaining shoreline is natural and adjacent to USACE 404-wetlands or sandy beach areas. The outlet of a large drainage ditch known as Owens Ditch is located in the southeast area of the property. This ditch is ±0.5 miles in length and extends from the north side of Harbinger Ridge Road through wetlands to the Albemarle Sound. Google earth imagery shows the ditch open to the Sound in March of 2017; however, the ditch is currently disconnected from the Sound by a naturally formed sand plug that is >_50' in length. The Albemarle Sound is classified as Joint Waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The Division of Environmental Management's water quality classification for the Albemarle Sound is SB and it is closed to shellfish taking. Water depths within the project area range from ±0.5' to ±3.5' below NWL and the bottom substrate is predominantly fine sands with some exposed areas of clay and has extensive areas of cypress and other tree stumps located in the nearshore area. A Submerged Aquatic Vegetation (SAV) survey was conducted 5/24/2018 by Quible & associates, P.C. that found no SAV growing within the project area. The adjacent riparian property to the northwest has a natural shoreline that is adjacent to 404- wetlands and is similarly developed in the highground areas. The adjacent property to the southeast is undeveloped wetlands designated as open space for the Cypress Point II subdivision. Southern Properties of Virginia, LLC, c/o Rick Sumner Field Investigation Report Page 3 Development Proposal The applicant proposes to further stabilize the shoreline through the addition of 12 groins to the north and south of the existing groins. The groins will extend 25' waterward of NWL and 5' landward and will be spaced ±50' apart. The proposed groin height is V above NWL and water depths at the groin locations range from ±.5' to 1.5' below NWL. Eight of the proposed groins will extend landward into USACE 404-wetlands. To provide water access, the applicant is proposing a one -slip docking facility that will extend from the center of the existing bulkhead. The facility will be comprised of a 188'x6' pier with an 18'x12' platform in a "L" configuration (partially covered with a 14'x14' roof) and a 13'x13' boatlift. Water depths at the docking facility location are shallow near shore and gradually reach a depth of ±3.5' below NWL approximately 80' waterward of NWL. A sandbar is located ±100' waterward of NWL where water depths become ±2.5'. Water depths begin to increase again ±150' waterward of NWL where depths gradually reach ±-3.5' below NWL and remain consistent. It should be noted that the area between NWL and the sandbar is full of remnant tree roots and stumps. SAV was not observed growing within the area of the proposed docking facility (Water depths and SAV presence field verified on 7/11/2018). The proposed docking facility meets the Y4 width rule and does not encroach within the 15' setback. The nearest docking facility of a similar length is located ±1.8 miles to the north. Anticipated Impacts The construction of the groins will result in the disturbance of ±300 ft2 of shallow bottom located in the Estuarine Waters and Public Trust Area AEC's. The construction of the groins will result in ±20 ft2 of non -wetland area disturbance within the Estuarine Shoreline AEC. The construction of the groins will result in ±40 ft2 of USACE 404-wetland disturbance within the Estuarine Shoreline AEC. . The proposed docking facility will result in one boat slip and the shading of ±1,386 ftz of Estuarine Waters and Public Trust Area AEC's. Submitted by: Ron Renaldi Date: 7/16/2018 RECEIVED JUL 2 0 2018 DC"-MHD CITY SAV Survey On Thursday May 24, 2018, Rubino from Quible performed an SAV survey of the Project Area. The substrate of the nearshore area was predominately a rippled sand with some exposed clay, with extensive cypress and other submerged tree stumps from the existing shoreline, extending at least 75 ft into the Sound. The water depths along the proposed jetties is 0.5 ft to 1.5 ft deep on average. When the wind tides are low in this area, there is little to no water where these jetties are proposed. These water depths do not allow SAV to grow due to fluctuations in low water level. There was no SAV observed in these areas on May 24'h. Along the proposed pier alignment, there was no SAV encountered either. In this area, a snorkel and mask was used to clearly view the bottom conditions since water visibility was only about 1.5 ft deep. The finding of no SAV in this area is consistent with an SAV survey of a broad area along the same water body in a nearby area from 2017. While no SAV has been observed in this area, SAV is well documented several miles to the north near the mouth of the North River and several miles to the east, on the east shore of the Albemarle and Currituck Sounds. Received ®CM -EC Existina Conditions The site is a 33.7 acre tract located at 212 Harbinger Ridge Rd. in Harbinger, Currituck County, NC. The tract fronts along the Albemarle Sound and the owner of the tract is Southern Properties of Virginia, LLC, C/O Mr. Rick Sumner. Current site conditions consist of a long soil drive leading from Harbinger Ridge Rd. to the sound frontage of the tract. There is an old single family home on the waterfront. In 2017, Rick Sumner purchased the property with the intent to renovate the existing structure, including replacement of the existing pilings. At the time of the property transaction, there was no shoreline stabilization in place and the shoreline had been eroding at a rapid rate. Mr. Sumner received a CAMA General Permit (GP) to construct a bulkhead with backfill and a second GP to construct six (6) timber jetties adjacent to uplands on the property. Two manmade ponds are also present onsite (landward of CAMA AECs). Mr. Sumner has also received a minor permit for fill and raising of the existing home. Erosion has become an issue along the shoreline of this property. Marsh, other wetlands, and sand beaches have been retreating in recent years on this property, an is visible from aerial photography review and physical observation on -site. In November 2017, the jurisdictional wetland/upland area adjacent to the homesite and Sound was delineated by Quible, and this delineation was field -approved by Krysta Stygar from USACE. Based on the wetland delineation, it was determined that there were minor amounts of fill in Section 404 wetlands. Mr. Sumner restored the Section 404 wetland impacts per USACE requirements and this was inspected by David Lekson and Krysta Stygar on December 19, 2017. A letter was issued by USACE on January 3, 2017 indicating that restoration was satisfactorily completed. Proposed Work Mr. Sumner wishes to construct additional jetties along the shoreline of his property. Mr. Sumner wishes to add 12 more to help stabilize and protect the rest of the shoreline on his tract. The proposed jetties would be placed +/-50 feet apart and would extend 25 LF into the Albermarle Sound with an additional 5 feet return into the shore. This was discussed with Ron Renaldi, NCDCM representative at the subject property with the marine contractor and Brian Rubino from Quible in April 2018. Mr. Sumner also wishes to add a 188 LF by 6 feet wide pier (extending from the center of the existing bulkhead) into the Albemarle Sound. The proposed pier would include a 12 ft by 18 ft platform (12 ft x 12 ft roofed area) with a single slip, served by all ft by 13 ft boat lift. A 188 LF pier with end platform extending out an additional 12 ft is necessary to reach adequate water depths for a boat slip, due to a nearshore shallow sand bar. As recommended by NCDCM, Rubino met with USACE representative, Josh Pelletier to review the proposed project, including the jetties and pier. Mr. Pelletier indicated that the proposed work was consistent with what the federal agencies could review under the 291 process. Received RECEIVED JWL 2 0 2018 DCM-EC DCM-MHD CITY RECEIVED MAJOR PERMIT FEE MATRIX JUL 2 0 2018 Aaulicaut `email ... P��N�=T a.L�� Z k S...•.)�CWMHDCITY Selection Development Type Fee DCM % (14300 1601 435100093 1625 6253) DWQ % (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands oDen water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) rE:]or involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- El commercial development, if $250 100% ($250) 0% ($0) General Water Quality kE:] Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a uatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o n water areas: NC Division of Coastal Management 6023 r1'�' C D Cashier's Official Receipt 11 ReceivedF, m: , `'G�G�ry crl4mAel" Permit No.: r[!DL 34/,nlf �DD�CcY•e�/ Pee, Applicant's Name: iG�� [�uM.,p✓ Project Address: Date: 20 2—` $ d f6, e) 0O Check No.: 1, J 3 County: -`' u; Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: "` Signature of Field Representative: 4 O ✓ 16—r1a ` 1 Date: Date: or -^DIVED RE: Southern Properties of Virginia, LLC Attn: Rick Sumner 5625 Hillside Rd. Roanoke, VA 24014 JUI_ . 'J _118 DCM-MHD CITY Received DCM-EC As owner, I authorize Quible & Associates P.C. (consultant) to act as agent for the purpose of LAMA permitting, including all accompanying State and Federal Permitting. Signature Name Ilil-lo Date Coastal Management ENVIRONMENTAL OVALITY June 6, 2018 Brian Rubino Quible & Associates, P.C. P.O Drawer 870 Kitty Hawk, NC 27949 ROY COOPER Gmer." MICHAEL S. REGAN Srorrmry BRAXTON C. DAVIS Director Re: Southern Properties of Virginia LLC (Rick Sumner) CAMA Major Permit Application Dear Mr. Rubino: The NC Division of Coastal Management received your preliminary application on June 1, 2018, for the referenced project. A screening of the submittal package has been conducted as per 15A NCAC 07J.0204. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. The preliminary screening has identified the following deficiencies: Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: Form DCM-MP-1: Number 3(b) & (d): Change these to Albemarle Sound Number 5(d): Change the pier length to 188' and the platform to 18'xl2' Number 6(g): Add CAMA GP#68280A issued 9/5/2017, GP#68648A issued 3/29/2018 and Minor Permit #M18-01 issued 2/9/2018 Form DCM-MP-4: Number 1(c)(iii): Change pier length to 188' Number 1(e)(iii): Change platform length to 18' Number 4(a)(ii): Make a note that the groin will extend a maximum of 25' waterward of NWL and 5' landward. 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ When drawings are larger than 11 inches by 17 inches, 26 copies must be provided. ■ A Plan View must be submitted that: References Elevations to NWL: There is a .5' and 0' contour n waterward of NWL, please correct the contours. --'-^Nothing Compares .�,,, JUL 2 0 2018 Sate of North Caroline I Environmental Quality I Coastal Management �'�/ 401 S. Griffin SL, Ste 300I Elizabeth City, NC 27909 252-264-3901I252-331-2951 [fax] RCM-MHp 1 , TRANSMITTAL Date: 5/30/2018 Re: 212 Harbinger Ridge Road To: Ron Renaldi, NCDCM \T mule SINCE 1959 Wr& Associates, P.C. ENGINEERING • CONSULTING • PLANNING ENVIRONMENTAL SCIENCES • SURVEYING Phone: (252) 261-3300 Fax: (252) 261-1260 Web: www.qulble.com Received DCM-EC Thanks for your assistance with this project, including your Site meetings and feedback related to this project. Enclosed is the following: • CAMA Plan • MP-1 and MP-4 • Project Narrative • Agent Authorization Letter • Deed I have the letters ready for the adjacent riparian owners and will send that out along with the complete application package once I hear from you that this is satisfactory. I will also provide you with the green cards, processing fee check, deeds and the full 27 copies of the color plan at that time. Thanks for your continued assistance with this project. Sincerely, Brian Rubino CC: Rick Sumner TRANSMITTAL To: Ron Renaldi, NCDCM From: Brian D. Rubino Date: 6/19/2018 - Quible SINCE 1959 & Associates, P.C. ENGINEERING a CONSULTING • PLANNING ENVIRONMENTAL SCIENCES • SURVEYING Phone: (252) 261-3300 Fax: (252) 261-1260 Web: www.quible.com Received Re: 212 Harbinger Ridge Road DCM-EC Sumner Property Harbinger, Currituck County, NC Thanks for your assistance with this project, including your June 6, 2018 letter describing additional items required. Enclosed is the following: • 26 Copies of the Updated CAMA Plan (Sheets 1-2) • MP-1 and MP-4 (updated) • Project Narrative (updated) • Copies of Letters to Additional Riparian Owner • Certified Mail Receipts (green cards to be forwarded when received) Rick Sumner is mailing you the $250 processing fee check directly. Please contact me if you have any questions or if you require anything else. Sincerely, Brian Rubino CC: Rick Sumner RECEIVED JUL 2 0 N'lB DCM-MHD CITY TRANSMITTAL To: Ron Renaldi, NCDCM From: Brian D. Rubino Date: 6/25/2018 Re: 212 Harbinger Ridge Road Sumner Property Harbinger, Currituck County, NC Quible SINCE 1959 Cal & Associates, P.C. ENGINEERING • CONSULTING • PLANNING ENVIRONMENTAL SCIENCES • SURVEYING Phone: (252) 261-3300 Fox: (252) 261-1260 Web: www.qulble.com Received JU:' 2') h; . Please see enclosed $250 processing fee check along with one of the 2 certified mail delivery receipts. Benjamin Kessler has not yet signed for his. If need be, we can send again. Please let me know if there is anything else needed. Sincere) B it i ubino CC: Rick Sumner Renaldi, Ronald From: Brian Rubino <brubino@quible.com> Sent: Thursday, July 05, 2018 4:04 PM To: Renaldi, Ronald Subject: [External] Rick Sumner CAMA Major Attachments: Sumner green cards.pdf Ron, Please see attached scanned green cards for Rick Sumner. I think having the Kessler receipt is the last thing I needed to provide for now. Let me know if you will need me to mail you the originals. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. RECEIVED JUL 2 0 2018 DCM-MHD CITY USPS Tracking® Track Another Package Tracking Number: 70072560000100931719 FAQs >(http://faq.usps.comnarticleld=220900) Your item was picked up at the post office at 11:25 am on June 22, 2018 in HARBINGER, NC 27941. OV Delivered June 22, 2018 at 11:25 am Delivered, Individual Picked Up at Post Office HARBINGER, NC 27941 Get Updates \/ Text & Email Updates Received 1i.i; r'% DCM-EC Remove X u Tracking History v Product Information u See Less ^ USPS Tracking® FAQs > (http://faq.usps.com/?articleld=2209W) Track Another Package + Received Tracking Number: 70072560000100931733 DCM"CC Remove X We attempted to deliver your item at 10:59 am on June 15, 2018 in HARBINGER, NC 27941 and a notice was left because an authorized recipient was not available. You may arrange redelivery by using the Schedule a Redelivery feature on this page or may pick up the item at the Post Office indicated on the notice beginning June 16, 2018. If this item is unclaimed by June 30, 2018 then it will be returned to sender. 0 Delivery Attempt: Action Needed m June 15, 2018 at 10:59 am p c ^ < frl Notice Left (No Authorized Recipient Available) () 0 0 HARBINGER, NC 27941 O° Schedule Redelivery Text & Email Updates v Schedule Redelivery v Tracking History v Quible Quible & Associates, P.C. ENGMEMNG • ENNRJNMEMAE SCIENCES • PUNNING • SUM"NG SINCE 19N CERTIFIED MAIL: RETURN RECEIPT REQUESTED June 13, 2018 Benjamin J. Kessler 158 Landing Road Harbinger, NC 27941 RE: CAMA Major Permitting 212 Harbinger Ridge Road Harbinger, Currituck County, North Carolina Dear Mr. Kessler PA. Dr w& 870 MY Howk NC 27949 Pto :252491-8147 Fm: 25249-8146 web: cplbWC Received DMEC This letter is to notify you, as an adjacent riparian landowner, that Quible & Associates, P.C., on behalf of the landowner, Mr. Rick Sumner, has applied for a CAMA Major Permit for the construction of twelve 30- foot-long jetties along his shoreline and the addition of a 188-foot-long pier with platform and a boat slip with boatlift. Enclosed is a copy of the overall site plan. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mr. Ron Renaldi, 401 S. Griffin Street, Suite 30, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible &dates P.C. Troy Murphy /% ] I have no objection to the project as shown and hereby waive that right of objection. ) I have objection to the project and have enclosed comments. Signature Date RVCEIVED JUG 2 0 ZMi pCM-MHt) CITY Quible 9ulble & Associates, P.C. P.O. Ehowe, 670 My Navk NC 27949 ENGR90M • ENVnONWNW.SCU CES • NANNR4G • SLOMY1NG Nano: 252491.8147 MICE 1959 rac 252.49"146 web: wbec CERTIFIED MAIL: RETURN RECEIPT REQUESTED June 13, 2018 Cypress Point II HOA Inc. Received 205 Westside Drive Harbinger, NC 27941 RE: CAMA Major Permitting 212 Harbinger Ridge Road ^pq.rn Harbinger, Currituck County, North Carolina ® l�1lYYii EC Dear Sir/Madam: This letter is to notify you, as an adjacent riparian landowner, that Quible & Associates, P.C., on behalf of the landowner, Mr. Rick Sumner, has applied for a CAMA Major Permit for the construction of twelve 30- foot-long jetties along his shoreline and the addition of a 188-foot-long pier with platform and a boat slip with boatlift. Enclosed is a copy of the overall site plan. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mr. Ron Renaldi, 401 S. Griffin Street, Suite 30, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible $ sues, P.C. Tr urphy ] I have no objection to the project as shown and hereby waive that right of objection. ] I have objection to the project and have enclosed comments. Signature Date s ;ID CD 0 m G' CD CL ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the malipiece, or on the front if space permits. 1. de Addressed to: „L� ") V �Y'SS )-P/t )ST L'dt yl� 20�� fide -8--799 IIIIIIIIIIIII IN 11111111111111ITIII III lllllllil 9590 9402 2876 7069 0959 82 7007 2560 0001 0093 1733 PS Form 3811, July 2015 PSN 7530-02-DDD-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece or on the front if space permits. 1. Artic dre��ssen�d^^t`o: d I�P,S`�'S fgd,Q QQ c�-794� 11111111111111111111111111 IT III 11111111III 9590 9590 9402 2876 7069 0959 99 ❑ Agent ;. Date of De -1-3-1 D. Is delivery address dnrer6nL noon rva„ .. � .-- if YES, enter delivery address below: 13 No i NC, onuemery on Delivery Restricted Del'rvay 13 Mall Mail Restricted Delivery Domestc Return Receipt , ❑ Agent J Is delivery address different from item 1?Yes If YES, enter delivery address below: ❑ No �pSUJ�"adferSicQ f� 'NC Z1q*% Delivery " •�.M fin Sllk dM hjbM ---j Cl Collect on Delivery Restricted D 7007 2560 0001 0093 1719 d Meil Restdoted Delivery 'sod) PS Forth 3811, July 2015 PSN 7530-02-000.9053 I 7 ResMcted Delivery Domestic Return Receipt r 007 2— 5— 60 LU IJIM 0093 ' 1719 m m �• e M1 m HAGy Er C3 O Polb r-R Certified Fee C3 C3 Return Receipt Fee C3 (Endorsement Required) Restricted Delivery Fee C3 (Endorsement Required) —a �1 Ll fu Total Postage & Fees .-. uud,U959 82 ' AtticleNurtlber ruU7 2560 0001 FoRi38 Y OIG93 1733 77 .IUI 2075PSN 7530-02-Oo0-g053 1 $0.00 1 66 ti' Postmark i•' i ger18 9 Postmark juN 140?.� Received DCM-EC NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 07/05/18. Southern Properties of Virginia, LLC proposes to stabilize the property's natural shoreline by installing 12 groins and constructing a 200' long, one -slip docking facility within the waters of the Albemarle Sound located at 212 Harbinger Ridge Road in Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 08/11/18, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, July 22, 2018 wwrcn.mmEmnm��mwwwn� f� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 leqals@thecoastlandtimes.net FROM: Ella Godfrey DATE: July 17, 2018 SUBJECT: Public Notice: Southern Properties of Virginia Please publish the attached Notice in the Sunday, July 22, 2018 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Sarah Young, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File Q�y RECEIVED North Carolina Department of Environmental Quality Division of Coastal Management Elizabeth City Office i 401 South Griffin Street, Suite 300 ' Elizabeth City, North Carolina 27909 252.264,3901 JUL 2 0 2018 DCM-MHD CITY A v ==j=j a M PROJECT: stabilize the property's natural shoreline by installing 12 groins and constructing a 200' long, one -slip docking facility within the waters of the Albemarle Sound. COMMENTS ACCEPTED THROUGH august 11, 2018 Southern Properties of Va, LLC c/o Rick Sumner 5625 Hillside Road Roanoke, VA 24014 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: -�. Ron Renaldi, Division of Coastal Management 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 237 �I 0 N O GV 2 Southern Properties of Virginia, LLC July 17, 2018 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Ron Renaldi, Field Representative, if you have any questions and or if you wish to receive a copy of his field report. Sincerely, Frank Jenning District Manager, Northeastern District NC Division of Coastal Management FJ/eg Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, DCM, Elizabeth City, NC Brian Rubino, Quible & Associates, P.C. ROY COOPER NORTH CAROLINA Governor Envko ntalQualfry NCHAEL S. REGAN secretary BRAXTON C. DAMS Direcmr July 17, 2018 Southern Properties of Virginia, LLC c/o Rick Sumner 5625 Hillside Road Roanoke, VA 24014 Dear Mr. Sumner: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 212 Harbinger Ridge Road in Currituck County. It was received complete on July 5, 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is September 18, 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. If this agency does not render a permit decision within 70 days from July 5, 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 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Stmt. Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 JUL 2 0 2018 DCM-MHD CITY .) ***This is a word processing form to be completed in Microsoft Word— NrC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant Southern Properties of Virginia, LLC, c% Rick Sumner Date: 7/16/2018 Project Site County: Cumtuck Staff. Ron Renaldi District: ®Elizabeth City El Washington ❑Morehead City ❑Wilmington Project Name: Rover File: OW ofi W splokefion &&r tfat(pf,' i }i 61112018 Date application "received as complete" in the Field office (EX., 1/8/2007): 71512018 Permit Authorization: 0 CAMA ❑Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑ Yes ®No Photos Taken: Yes ® NOD Setback Required (riparian): ❑ Yes No Critical Habitat: ❑ Yes ❑ No ❑Not Sure 15 foot waiver obtained: ❑ Yes Z No Hazard Notification Returned: ❑Yes ®No SAV.- ❑Yes ®No El Not Sure Shell Bottom: El Yes ®No ❑ Not Temporary Impacts. ®Yes No Sure Sandbags: El Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP. Z Yes ❑No ❑Yes ®No Moratorium Conditions: ❑Yes SNo Environmental Assessment Done: []NA ❑Yes ❑No®NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW) ❑ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED M (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (OS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; ❑ III(D) Priv. public or comm w/ D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IVAny development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ 111(B) Public or commercial w/O&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 RECEIVED El Major development extension request - 11. Public or commercial/no dredge $100 and/or fill - $400 ® 1. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DCM-M HD CITY DWQ agreement - $400 252-808.2808 :: 1.888-4RCOA3T :: www.nccoastalmananement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) `� o Applicant: Southern Properties of Virginia, LLC, c% Rick Sumner Date: 711612018 Describe below the ACTIVITIES that have been applied for. Ali values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Groin 12 New Work ® Replace 30 1 (wooden) Maint ❑ ❑ Y ® N Pier "L" 1 New Work® Replace 188 6 Head Maint ❑ ❑ Y ® N platform 1 New Work® Replace 18 12 Maint ❑ ❑ Y El N Boat lift I New Work® Replace 13 13 Maint [1 ® Y ❑ N New Work® Replace WOE] ❑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 El ❑Y❑N New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint El ❑Y❑N New Work Replace Maint El ❑Y❑N New Work ❑ Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑Y[IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 NF Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Southern Properties of Virginia, LLC, clo Rick Sumner Date: 711612018 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 tenrip impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount SB Dredge ❑ Fill ❑ Both ❑ Other® 300 300 OW Dredge ❑ Fill ❑ Both ❑ Other ® 1386 1386 W L Dredge ❑ Fill ❑ Both ❑ Other ® 40 40 HG Dredge ❑ Fill ❑ Both ❑ Other El 20 20 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 ❑ Bath ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED JUL 2 0 2018 DCM-MHD CITY 252.808-2808 :: 1.888dRCOA3T :: www.nccoastalmanapement.net revised: Nov. 2012 �o IIIIIIIIII��iilllllllllll�ll �(l Doc No 329703 Recorded: 06/1912017 04:19 32 PM Fee Amt: $26.00 Page 1 of 2 )' Excise Tax: $1,200.00 C Currituck County North Carolina Denise A. Hall, Register of Deeds BK 1410 PG 287 - 288 (2) TRANSiAxAMO1JNT DATE/COL TOR to • 19 • a 01 "TP NORTH CAROLINA GENERAL LT# $6,000.00 Revenue Stamps $1200.00 Tax Lot No. Parcel Identifier No. 012500000330000 Verified by County on the _ day of _ RECEIVED JUL 2 0 2018 DCM-MHD CITY by Received JUN - ) 2616 DCM-EC O,� Mail after recording to Brumsey & Bnun�eLLC, PO Box 100, Currituck, NC 27929 File No. 17 B 51006 This instrument was prepared by Starkey am. Attorney at Law Brief Description for the index MeteSa d Bounds RE20609kc GRANTOR Q GRANTEE Marjorie B. Drewry, widowed and not remarried �� Southern Properties of Virginia LLC 1217 Alliance Drive, Apt 1390 5625 Hillside Rd. Virginia Beach, VA 23454 XXRoanoke, VA 24014 l' The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context 6, W ITNESSETH, that the Grantor, for a valuable consideration paid by the G� e, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee injmple, all that certain lot or parcel of land situated in Poplar Branch Township, Currituck County, North Carolina and more partic ladic described as follows: That tract containing 33.6 acres designated "Drewry Property 33.6 Acres", on thaatlp}al prepared by Styons Surveying Services entitled in part: "Surveyed for Marjorie B. Drewry, Poplar Branch Township, Currituck �yngty, North Carolina" ,filled in Plat Cabinet N, Slide 179, in the office of the Register of Deeds of Currituck County.^` If checked, the property includes the primary residence of at least orb of the Grantors. (NC GS § 105-317.2) O This instrument prepared by Starkey Sharp, a licensed North Carolina attorney. Delinqui taxes, if any, to be paid by the dosing attorney to the county tax collector upon disbursement of closing proceeds ✓!f1 x �fl Received ti i _ j 20f0 �o DCM-EC The p��ditrty hereinabove described was acquired by W. Shepherd Drewry, Jr. by instrument recorded in Book 104, Page 155, Curritu County Registry. W. Shepherd Drewry, Jr, died vesting sole ownership of the property to gift id N >Pb A66 by will filed in the 4tuck County Clerk of Court file 15 E 41. arJ orie rewry A map sho``the above described property is recorded in Plat Cabinet N, Slide 179, Currituck County Registry. TO HAVE ANR5 HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. O And the Grantor co is 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 ketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all per whomsoever except for the exceptions hereinafter stated. Title to the property herei4we described is subject to the following exceptions: Easements and restrictions of record, if any, in the Currituck County Registry IN WITNESS. WHEREOF, the Gr7rau�Rr has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly autho67W officers by authority of its Board of Directors, the day and year first above written. Y�0 (SEAL) Marjo B. Drewry 1<1 ^l d O STATE OF Virginia COUNT OF Virginia Beach 1 the undersigned Notary Public for the State and County aforesaiOd o hereby certify that Marjorie B. Drewry personally appeared before m this day and acknowledge the due execution of the forego' instrument. Witness my band and official seal this _Day of �j�e ^D , 2n017. My Commission Expires: 16I { 2pZID 3Q� Notary Able, A%%!`%�1u�f�l C YI d, 0