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HomeMy WebLinkAbout49-22 Buxton Oaks Partners LLCPermit Class NEW Permit Number 49-22 STATE OF NORTH CAROLINA. Department of Environmental Quality and Coastal Resources Commission Vermi't for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Buxton Oaks Partners LLC., 46197 Buxton Oaks Lane Buxton, NC 27920 Authorizing development in Dare County at adi. to Cane Creek at 46197 Buxton Oaks Lane. in Buxton as requested in the permittee's application dated 11/8/21 (MP-1) and 11/19/21 (MP-4) including attached workplan drawings (3) Sheets 1-3 of 3 all dated "Revised 11/19/21". This permit, issued on May 9, 2022 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation it these terms may be subject to tines,_ rmpnsonmem or civil action; or may cuusu Ure FUMILL w vc uwi auu v Viu. Kayak Launch 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 kayak launch 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) No portion of the authorized kayak launch facility shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. (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, 2025 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 or VEQ ano me una¢ of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Buxton Oaks Partners LLC. ADDITIONAL CONDITIONS Permit No. 49-22 Page 2 of 3 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the kayak launch facility. Any sewage discharged at the kayak launch facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) Any portion of the permitted access pier and kayak launch facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 5) The permittee 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. 6) This permit does not authorize any formalized boat slips. 7) The kayak launch facility shall post signage indicating that the facility is only intended for non - motorized vessel usage. 8) 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. 9) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Sedimentation and Erosion Control 10) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 12) 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. 13) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Buxton Oaks Partners LLC. Permit No. 49-22 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2022-00745). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-1816. NOTE: Future development of the pennittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water'level. NOTE: An application processing fee of $400 was received by DCM for this project. 11 DCM Coordinator: Permit #: L7 ZZ MAILING DISTRIBUTION SHEET Permittee: Agents: PCVtV_9AX4y&y. co"it ✓ DCM Field Offices ap W. 04's t'.-( 274?.a Elizabeth City Zcwl Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARO) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Holley Snider — 401 (Pender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stonnwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Natural Heritage "-Program // Rodney Butler r LPO: / .ec j �1r��tGu �tL Cv, (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Buxton Oaks Partners, LLC PROJECT NAME: Buxton Oaks Park LOCATION OF PROJECT: 46197 Buxton Oaks Lane, Buxton COUNTY: Dare DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-14-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No RECEIVED DEC 15 2021 DCM-MHD CITY FIELD REPRESENTATIVE: Ronald Rend DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEWF, j� Date t /14 d t B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (no split) # III(B) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 12-19-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 2-27-22 EMAIL OUTDATE: 12-15-21 PERMIT FINAL. ACTION: ISSUE DENY END OF NOTICE DATE: 1-8-22 DEED REC'D: Yes 150 DAY DEADLINE: S�t3 tze- STATE DUE DATE: 1-5-22 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM — Field Rep IZI�'{I21 w L DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers— Regulatory Branch DWR-401 Section Z 1 LL _ utT�2vll - 131b DWR Public Water Supply tjA7Iz,1 DEMLR—Stormwater IZ((51u b<Cw DEMLR—Sedand Erosion DOA — State Property Office L L Wildlife Resources Commission DMF — Shellfish Section t 3 u K' DMF—Habitat&Enhancement iA�LI �?il DNCR — Archives & History 12(t 1 Z )c DNCR -Natural Heritage Program NCDOT NC Dept of Commerce t I tl Iv l ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Dimtor TO: FROM: DATE: SUBJECT: NORTH CAROLINA EnvironmentallQuaNty MEMORANDUM Gregg Bodnar, Assistant Major Permits Coordinator Ron Renaldi, District Manager Pke December 14, 2021 Buxton Oaks Partners, LLC c/o William Brody Major Permit Recommendations The applicant proposes to construct observation and lower kayak launch platforms within the waters of Cape Creek that will be accessed via a wooden accessway constructed over highground and coastal wetlands. The site of the proposed development is an RV Park located at 46197 Buxton Oaks Lane (off NC-12 and accessed along the eastern side of Super Wings beach clothing store), Buxton, Dare County, adjacent to Cape Creek. The development proposal involves the Coastal Wetland (CW), Estuarine Shoreline (EW), Estuarine Water (EW) & Public Trust Area (PTA) 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 07K 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 advers@ impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, > submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawnint and nursery areas. W tl Consistent: The proposed development is consistent with the intent of this rule. North Carolina Department of Environmental Quality I Division of Coastal Management lr ,,_ D E Q�� Elizabeth City Office 1 401 Sauth Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 a �c,:, d . W.,.�..wmum 25'2.2b4.9901 N 0 N M U w 0 U Gregg Bodnar, Assistant Major Permits Coordinator Buxton Oaks Partners, LLC c/o William Brody Major Permit Recommendations December 14, 2021 Page 2 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. W Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for W navigation or for other public trust rights in public trust areas including estuarine waters. W Consistent: The proposed development is consistent with the intent of this rule Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (6) Piers and Docking Facilities, pertains to this project and those subparagraphs not listed are not applicable. 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. 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. N O N U W O Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Buxton Oaks Partners, LLC c/o William Brody Major Permit Recommendations December 14, 2021 Page 3 Subparagraph (6XC) 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)(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. RECEIVED (ii) not extending into the channel portion of the water body; DEC 15 2021 Consistent: The proposed development is consistent with the intent of this rule. DCM-MHD CITY (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 applicabls property. However, 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. 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 Buxton Oaks Partners, LLC c/o William Brody for the development as proposed. ROY COOPER Covemor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director December 15, 2021 MEMORANDUM: -.. NORTH CAROLINA Environmental Qualify FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) g.bodnar@ncdenr.eav SUBJECT: CAMA Review Applicant: Buxton Oaks Partners, LLC Project Location: 46197 Buxton Oaks Lane, Buxton in Dare County Proposed Project: construct observation and lower kayak launch platforms within the waters of Cape Creek, that will be accessed via a wooden accessway constructed over high ground and coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Grego Bodnar at the address above by September 10, 2021. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X 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. PRINTNAME Lee Padrick AGENCY NC Commerce SIGNATURE DATE 12-15-21 B`a�m�, EiVED DEC 1 7 2021 D_EQ� North Carolina Department ofrnvhonmentalQualityIDivision ofCoastal Management - Efizabeth City Office 1401 Sbulh Griffin Street. Sulle3001 Elizabeth City. North Carolina 27909 - .` f s,+ 2SZ2643- - _- _ RCY Coonk Gqwrnor ELIZABETH$, AISER seadar$ . BRA)(TON DAVIS Proctor NORTHCAROLIKA December 15, 2021 MEMORANDUM FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management. 400 Commerce Ave; Morehead City; NC 28557, cc Fax: 252-247-3330 (Courier 04-16.33) EMgg.bodnar(5)ncdenr.goy SUBJECT: CAMA Review Applicant: Buxton Oaks Partners, LLC Project Location: 46197 Buxton Oaks Lane, Buxton In Dare County Proposed Project- construct Observation and low- er kayak launch platforms within the waters. of Cape Creek, that Will be accessed via avooden accessway constructed over:hlgh ground and coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by January 5; 2022 If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-30011 ext. 235) when appropriate, In-depth. comments with supporting data is requested.. 'REPLY:. this agency has no objection'to the project as proposed. "Additional comments maybe attached". X This agency has no comment on the proposed project This agency approves of the project only if the recommended changes. are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME-611f Whitfield AGENCY —Public Water Supply_Section REIMHVED SIGNATURE DEC 1 7 2021 DATE 1.2-16-2021 NIP SECTMI MIAD North Carolina Deparunerit of Environmmtal Quality I DivIsionofCoastalManageutenr E[6ib6ffidty(jftlw.[4diSouthGrIft8treet.AdW.36,6 I �lizandtifdti�North carollnA77909 From: Thoroe. Roger To: Bodnar. Greco Subject: CAMA Major - Buxton Oaks Partners - Kayak Launch Platform, Dare County Date: Wednesday, December 15, 2021 11:48:33 AM 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 Washington Regional Office 943 Washington Square Mall Washington, NC 27889 ME Q� OrpiMMnl ai ImnwnN1N1 Wain 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 Gott w ELIZABETH S. BISER Secretory BRAXTON DAVIS Director December 15, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) Q—regg, b o d n a l-O n cd e r n ga v SUBJECT: CAMA Review Applicant: Buxton Oaks Partners, LLC Project Location: 46197 Buxton Oaks Lane, Buxton in Dare County Proposed Project: construct observation and lower kayak launch platforms within the waters of Cape Creek, that will be accessed via a wooden accessway constructed over high ground and coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego, Bodnar at the address above by January 5, 2022 If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. a PRINT NAME uAA`41 AGENCY SIGNATURE t� DATE �'�WiMGRJ- W'LZ D Q� RACE EVE DEC 2 1 2021 PAP S—ECT10N Nov Gnu North Carolina Department of Envtronmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elzabeth City, North Carolina 27909 252.2643901 ROYCOOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 15, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grege.bodnarlo ncdemr gov SUBJECT: CAMA Review Applicant: Buxton Oaks Partners, LLC Project Location: 46197 Buxton Oaks Lane, Buxton in Dare County Proposed Project: construct observation and lower kayak launch platforms within the waters of Cape Creek, that will be accessed via a wooden accessway constructed over high ground and coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January 5, 2022 If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME 4MIf2 __r>J1dlFb2, AGENCY SIGNATURE j DATE ��MVED DEC 2 (1 2021 77 . C5,:`( ,TIl1""1F.e North Carolina Department or Environmental Quality I Division of Coastal Management _E __� Elizabeth City Office l 101 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 252.201.3001 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 15, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg_bodnarC)a ncderingov SUBJECT: CAMA Review Applicant: Buxton Oaks Partners, LLC Project Location: 46197 Buxton Oaks Lane, Buxton in Dare County Proposed Project: construct observation and lower kayak launch platforms within the waters of Cape Creek, that will be accessed via a wooden accessway constructed over high ground and coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by January 5, 2022 If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME MILOtOt- FQ 11 Ou AGENCY Vale Prl.tp,t t- SIGNATURE OJA440- Witt 44-a— DATE b 1+-r .or ao a[ EMEWED JAN 3 2022 711P SECTION WO .y,h North Carolina Department of Environmental Quality I Division of Coastal Management D_E v Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 'uKm�=mwm.� /'� 2SZ2543901 ROY COOPER Governor ELIZABETH S. BISER Secretary BPAXTON DAVIS Director December 15, 2021 MEMORANDUM: NORTH CAROUNA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar0ncderingov SUBJECT: CAMA Review Applicant: Buxton Oaks Partners, LLC Project Location: 46197 Buxton Oaks Lane, Buxton in Dare County Proposed Project: construct observation and lower kayak launch platforms within the waters of Cape Creek, that will be accessed via a wooden accessway constructed over high ground and coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January 5, 2022 If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" k PRINT NAME ck+8%-+C 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. �� ppt� EI' EGE ED AGENCY @t2 /f pan s zozz SIGNATURE DATE 1i -L`j- scrz_� NrP SECTION WD North Carolina Department of Environmental Quality I Division of Coastal Management r Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 �s> mrvM � \ / 252.26439O1 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality 4 bEC Ef Yrl E TO: Gregg Bodnar, Major Permits Processing Coordinator JAN 3 2022 Division of Coastal Management FROM: Charlan Owen ICP, NE District Planner KysP SECTICH e�,MD Division of Coal tal Management SUBJECT: Major Permit Request by Buxton Oaks Partners, LLC to install a 6 foot wide by 270 foot long accessway connecting to a 10 foot wide by 46 foot long observation platform with a 4 foot by 4 foot set of stairs connecting to a 10 foot wide by 20 foot long kayak launch platform on Cape Creek, in the village of Buxton, Dare County. DATE: December 29, 2021 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The 5.3 acre subject property has approximately 435 linear feet of shoreline along Cape Creek, a 52 foot wide canal that connects to the Pamlico Sound. Water depths in the canal are approximately 2.5 feet below Normal Water Level (NWL) 10 feet from the shoreline. A 1.7 acre area of Coastal Wetlands extends from the shoreline 187 feet landward of NWL. Section 404 wetlands are located along the waters edge growing on remnant spoil piles that were placed decades ago when Cape Creek was dredged. Site elevations range from 1 foot within the shoreline area to 14 feet within the highground area. The highground is predominantly vegetated with live oaks. The property is located primarily within the AE (6) Floodzone to the north, with Shaded X and areas outside of the floodzone to the south. The property is accessed from Buxton Oaks Lane, a private road within a 45 foot wide access easement that connects to the north side of NC 12 between Lighthouse Road and Old Lighthouse Road located south of NC 12. The site is developed as a recreational vehicle (RV) park. Existing site improvements consist of approximately 35 RVs with decks, retaining walls, sheds, septic systems, a bathhouse and gravel roadways. The shoreline is unimproved. Installation of a 6 foot wide by 270 foot long accessway connecting to a 10 foot wide by 46 foot long observation platform with a 4 foot by 4 foot set of stairs connecting to a 10 foot wide by 20 foot long kayak launch platform is proposed. The accessway will extend 83 feet along highground and 187 feet along Coastal Wetlands where it will be elevated a minimum of 6 feet above the wetland substrate. The observation platform will be located at the shoreline, waterward of NWL and will have handrails. �rt North Carolina Department of Environmental Quality I Division of Coastal Management J/ Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2522643901 MEMORANDUM Page 2 of 5 North Carolina Department of Environmental Quality Division of Coastal Management Cape Creek in this area is classified as SA-HQW and Coastal Waters and is closed to shellfishing. No Submerged Aquatic Vegetation (SAV) was observed in the project area. A review of historic and archaeological resources was not provided. Anticipated Impacts resulting from this project are expected to include: the shading of 676 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC), 1,122 sq. ft. of Coastal Wetlands AEC, and 498 sq. ft. of Highground outside of an AEC. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Transitional Corridor'. As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab -shedders." A glossary of key words is provided on Page 140. Defined terms include: Advocate: to promote or encourage Encourage: to favor or foster (also see support Recognize: to show awareness of an issue or condition Shall: mandatory, not optional; a more formal term for "will" Should: preferred or recommended but not mandatory in all cases Support: to foster; may imply financial support The following LUP policies may be applicable to this request. Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." E E-6VED JAN 3 2.022 POP SECTION AUD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 + D�� /'� 2522643901 .. e North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 5 Land Use Compatibility: Archaeological/Historic Resources: Policy LUC #15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concern (AECs) designed under the CAMA program..." Flood Hazards Implementation Strategy, Page 180. 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County... 2. Rely on the regulations of the Dare County Zoning Ordinance for development activities along estuarine shoreline areas." Policy NH#5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." C 5 5VE® JAN 3 2022 POP SECTION PAMD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City office 1 401 South Grlfnn Street, Suite 300 1 Elizabeth City, North Carolina 27909 in fM(fUfU 2522643901 MEMORANDUM Page 4 of 5 North Carolina Department of Environmental Quality Division of Coastal Management Water Quality: Policy WQ#2, Page 188. "Development projects shall be designed and constructed to minimize detrimental impacts on surface water quality, groundwater quality, and air quality. Structures should be designed to fit the natural topographic conditions and vegetation versus modifications to natural conditions to accommodate structures." Stormwater Policy WQ #4, Page 190. "Efforts to preserve, protect and improve water quality should be managed at the local level. Local level management allows for a regulatory approach designed to specifically address unique local needs and conditions. Existing State stormwater rules should serve as the basis for local programs with adjustments made to address local needs, conditions, and community support." Policy WQ #5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features. Properties immediately adjacent to SA classified waters should be developed consistent with the dimensional standards and lot coverage limitations of the Dare County Zoning Ordinance. Vegetative buffers and other low —impact development methods identified by the UNC Coastal Studies Institute are appropriate tools to address stormwater runoff adjacent to SA waters." Wetlands Policy WQ #7, Page 192. "Dare County advocates the use of existing (2009) state and federal regulatory programs for protecting and preserving coastal wetland areas of environmental concern..." R E CE"I1V E D Policy WQ #8, Page 192. "Dare County supports the U.S. Army Corps of Engineers nationwide permit JAN 3 2022 program as administered in 2009. This support is based on the current scope of permitting limits of the nationwide program and not any changes that may ietp t � �� �9 � � � in a different policy..." .10 D.�QZJ/ North Carolina Department of Environmental Quality I Division of Coastal Management eo `J/ Elizabeth City Office 1401South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 +�v� /'�!� 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 5 Fisheries Resources Policy WQ #11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." JAN 3 2022 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Grimn Street, Suite 300 1 Elizabeth City, North Carolina 27909 252-2643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 15, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.b odna r-On cderingov SUBJECT: CAMA Review Applicant: Buxton Oaks Partners, LLC Project Location: 46197 Buxton Oaks Lane, Buxton in Dare County Proposed Project: construct observation and lower kayak launch platforms within the waters of Cape Creek, that will be accessed via a wooden accessway constructed over high ground and coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January 5, 2022 If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE 66u.��:__ for __ DATE 12/30/2021 JAN 3 2022 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252264.3901 ' ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 15, 2021 MEMORANDUM.' NORTH CAROLINA Environmental Quality n? I..C1)_ 2D.01 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-,16-33) re .bodnar edenr. o SUBJECT: CAMA Review Applicant: Buxton Oaks Partners, LLC Project Location: 46197 Buxton Oaks Lane, Buxton in Dare County Proposed Project: construct observation and lower kayak launch platforms within the waters of Cape Creek, that will be accessed via a wooden accessway constructed over high ground and coastal wetlands Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January 5, 2022 If you have any questions regarding the proposed project, contact Ron Renaldi(252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME IV 1(�1 t `, L� AGENCY N CA lz. SIGNATURE DATE DEQ� ommum oonam�b� f� r JAN 1 S 2022 W", SECTM4 M'D North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 ElizabethCity. North Carolina 27909- 252.264.3901 Received: 12/20/2021 .�� State Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 15, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality ER 21-3217 Due: 1/4/2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grezz.bodnar@ ncden nitov_ SUBJECT: CAMA Review Applicant: Buxton Oaks Partners, LLC Project Location: 46197 Buxton Oaks Lane, Buxton in Dare County Proposed Project: construct observation and lower kayak launch platforms within the waters of Cape Creek, that will be accessed via a wooden accessway constructed over high ground and coastal wetlands Please indicate belowyour agency's position or viewpoint on the proposed project and return this form to Gmmg Bodnar at the address above by January 5, 2022 If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X. 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 I or reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley RITEC"EVED AGENCY Historic Preservation Office SIGNATURE ("yL6LDD " JAN 2 6 2022 DATE January 26, 2022 _ North Carolina Department of Environmental Quality I Division of coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City; North Carolina 27909 NMiMfMdl?1q _ 252264.3901 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Buxton Oaks Partners, LLC Buxton Oaks Park c/o William Brody 46197 Buxton Oaks Lane Buxton, NC 27920 NORTH CAROLINA EnHro enta!Quapty January 26, 2022 FEB 1, No : E-CoT10N NP6 P. D DWR # 2021-1816 V1 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 46197 Buxton Oaks Lane - Construction of observation and lower kayak launch platforms within the water of Cape Creek, Will be accessed via a wooden accessway constructed over high ground and coastal wetlands. Dear Mr. Brody: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on November 29, 2021. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)ll Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Wetlands W-1 0.025 (acres) 0 (areas) Plan Sheets Shaded Open Water SO-1 0.015 (acres) 0 (areas) Plan Sheets North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall l Washington, North Carolina 27889 -r�a�unoirw. T umm 252.946.6481 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Cer ification(s) 4175. [15A NCAC 02B .0507(c)] ti_i_ ,ui 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. S. This approval and their conditions are final and binding unless contested. [G.S.143-215.51 Conditions: These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B 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 athttl2il/www.ntoah.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 alongwith any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service: Ifsending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 DEQ'3 owm�.�mrn.u®wmury� F E B 1 2022 FOP SSEUC UN ITS D North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mail I Washington, North Carolina 27889 252.946.6481 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act Please contact Tina Martin at 252-948-3844 or tina martinf ricdenr.eov if you have any questions or concerns. Enclosures: GC 4175 Certification of Completion cc: Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ William Brody (via email: uwcb@brodyco.com) Doug Dorman (via email: dougdaec@gmail.com) Gregg Bodnar -CAMA Yvonne Carver - CAMA Laserfiche/DWR file copy D_EQ�� eroe�u® mwwuow�pmvb\ / E-f -' 97 1IfED F E B 1 2022 rejr P ISIECT10H AJ 1,'r D North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 N vwNs oeMF veeov.rtmAL`IiNEIRY m \ avunrn �u v^ vW 1 hce,�YNY xeuc oxauvcTm ^, 0 � 7 OAdRE wDMY AIL a4 � - ,y � I a I RRD.tlYrl vc%rsov 4047muxn -- YAIWAL (>uEV TROY Ium J� L IL AL I \ � I xW. xETurms xW I '�� a e ROPoSEO ryAERIEVEI. \\.,ue� ' r ds A` xW = PBBOPoSEO STN l0 AL I xr PW------ /f OPOWD S�ATIM ��— ,) I ate_ I m m Ak 1 � IL cemeewoxrx DATE: FES 1 2C22 PtilP SECTIOiki fPHD �M _01I0 ^ v . • ev— l5'NIDENmES4 ` •v1WRW OLFAM RH ` C -E'1 TI -I.. wA C P4 •3 ®�•.a �J I nwrvnnau p nn. III �,o ,:� �t T um 17' u w,---1- --- DCM-EC SHEET 1 OF 3 BUXTON OAKS PARTNERS, LLC WALKWAY, OBSERVATION DECK & KAYAK PLATFORM BUXTON OAKS PARK BUXTON - DARE COUNTY - NORTH CAROLINA ' 4' A7ZANT/C M11SONMSNTAL CONSULTANTS, LLC GRAPHIC SCALE 1•-60' P.O. 60KJ2.fg K/TIY1140K, N.C. 1794Y (252)261-7707P a -moil dougdaecOymailcom /W/21 REMSED: 11/19/21 RLE:DU%TON OAKS 2021 DRAWN SY:DAD RECIE-ZaM FEB 1 2022 p g,��j� �N F�b�B Gzi,� ZE Y 3 5 J l 125SX( l-I6'N LEVEL EX DECK ? PROPOSED LOWER KAYAKPIATFORM 1RX2D RsruNDs i 1 1 i ] ) zP'X1 t 1 ' Ex DECK PROPOSED STAIRS TO LOWER LEVEL I EX RET. i "-Pk X) ) I. •1 l l l l l !j DECK- 1 1 1 1 'i, AL E` AL IX WED --LS 87' Ieio•Ai i W it t t t iD� 1' L i L i l' Ak PROPOSED OBSERVATION �y I t t t PLATFORM ID'X 40I Fx . t2.6 Xno t i twl i i ('T to y, 44 A. A4 EXDECK I V /J AL 1 1 1 tQ) 1 1 tl-•. I ' AV, Ik I I RET. UAL t > > t AL I aAL APPROXIMATE D 170N OF 404 AMA" LM G 1 1 1 1 1 i S SPAN. MATcvAa (TAABN A DARE 0 ON l l l l l l j IMA00) AL d4 ar. 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II. �I II �I II PILINGS IIII IIII 1�9 I I III IIII IIII IIII MIN e' I '', IIIII IIII IIII IIIII Y I'I II II'-J] II = IIII !IIII 'll9 4!�I IPII r 'II! / fl1=1I-1;411_ -111 III=11j!I!;I IIII !IIII IIII jllll 1=1I1=1 -I lillil =1I-L�;Ilil I- I- I I-T I1= IIII-nr-n�nr-Tr--rir�ri'=1 EII9 II1IligII l� Il II!�I 'lli4u I�I�I�IL111 1 1111n �111411. �-'TT-�I1- IIIII � I� 4 E- IIII 01 I- -11- IIII q iIIII rl(I jl�TlmlTnJlI=III'' T jilt glijl 4 _TP- IIIII Ifi!I ;IIIII i II OBSERVATION PLATFORM CROSS SECTION N.T.S. ,Y OASTAL ETLANDS 1 E:: CE-' HUY 2 9 2U2l BUXTON OAKS PARTNERS, LLC WALKWAY, OBSERVATION DECK & KAYAK PLATFORM BUXTON OAKS PARK BUXTON - DARE. COUNTY - NORTH CAROLINA Y ATLANIT ENJINONMENTAL CONSULTANTS, LLC GRAPHIC SCALE r=NTS P.O. 90,r J266 KITTY 1641PK, N.C. 27949 (252J261-7707 a -moil dougdoecdi l cam I/08/21 RENSED: 11/19/21 FILE: BUXTON OAKS 2021 DRAWN SY.DAD D.L l 5�1 (iz Regulatory Division SAW-2022-00745 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the application of Mr. William Brody to construct a 270 foot elevated walkway to a 46' x 10' observation platform with an associated 20' x 10' kayak launch, in Cape Creek, located at 46197 Buxton Oaks Lane, in Buxton, Dare County, 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. x� sl4 (zz 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. 12. In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 2514605. Sincerely, as Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Paul Wojoski North Carolina Division of Water Quality 1617 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 Mrs. Twyla Cheatwood 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 Type text here ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director STA71 d��y %1 1; ky °'4 NORTH CAROLINA Environmental Quality February 28, 2022 Atlantic Environmental Consultants LLC. Doug Dorman dougdaec@gmail.com Dear Mr. Dorman, F This letter is in reference to the application submitted for Buxton Oaks Partners LLC., for a Coastal Area Management Act Major Permit to undertake development activities to construct a kayak launch, in Dare County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make May 13, 2022 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-515-5416) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Elizabeth City D `E9�r/ YO I Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator North Carohna Department of Environmental Quality I DMsion of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, February 28, 2022 1:55 PM To: Doug Dorman Cc: Carver, Yvonne; Godfrey, Ella M Subject: Buxton Oaks Extension Attachments: Buxton Oaks Partners LLC. EXT.pdf Afternoon Doug, Please see above for the extension. Just waiting on Josh and once that is in I should be able to make a final decision shortly thereafter. Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G rese.Bodnar@ ncdenr.eov Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental quality November 18, 2021 Doug Dorman (via email) Atlantic Environmental Consultants, LLC P.O. Box 3266 Kitty Hawk, NC 27949 R EWD NOV 2 0 2021 Rr? a EECTMver'iai N11110 Re: CAMA Major Permit application for Buxton Oaks Partners, LLC — Buxton Oaks Park Project Dear Mr. Dorman: The NC Division of Coastal Management hereby acknowledges receipt of your application on November 15, 2021, for State approval for the development of the referenced project. An initial 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. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: 1. Not all questions on the application have been answered, or indicated as "not applicable:' Please address the following items: Form DCM-MP-1: - Number 5(d). There is a discrepancy regarding the identified 10'x40' platform size. There is a 10'x6' section that has not been accounted between the identified 10'x40' platform and the stairs to the 10'x20' lower kayak launch platform. This unaccounted for area should be part of the main platform for a total size of 10'x46'. ■ Form DCM-MP-2: Number 1(e). Change this so Number =1 and Length =46' North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 •101 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27904 252.Z6d3901 .r4. Doug Dorman November 18, 2021 Page 2 of 3 - Number 5. Information has been provided for a 130' breakwater; however, the narrative, application and site plans do not indicate that a breakwater is proposed. - Number 7(a). The wrong adjacent name was listed for the distances. It should be O'Neal instead of Oliver. - Number 7(b). a distance to adjacent docking facilities is list as "530' to the south"; however, the creek is oriented East to West and I'm not seeing any facilities for that distance. Please review and correct. - Number 8 Please list the 187'x6' elevated walkway over wetlands and the 83'x6' elevated walkway within the upland area. 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: A Plan View must be submitted that: - Distinguishes between existing and proposed features; specifically add the word "Proposed" to the indicated walkway, platform and lower level kayak platform. - Indicates Creeks - Add the name Cape Creels to the waterbody. - Indicates spot Water Depths within the vicinity of the platform on sheet 2. These spot depths should indicate water depths from the project side shoreline across to the opposite shoreline. (This is to verify that the platform will not be placed within a deeper navigational area of the creek). - Indicates the observation platform length to be 46' - Indicates approximate location of Normal Water Level (NWL) - Indicates the CAMA 30' Buffer - Indicates the 75' Estuarine Shoreline AEC - Indicates the presence of any 404 or Coastal Wetland Marsh in area of proposed work. 1. It appears that the landward wetland line indicated on the site _ plans is the approximate boundary of the Coastal Wetland AEC. RECEIaV IE Please identify this line as the "Approximate Coastal Wetland Line..." NOV 2 0 2021 2. It appears that the majority of 404-wetlands is found within a —20' wide swath adjacent to the shoreline where spoils were placed when the creels was dredged (spoil piles observed in MP SE%CT10Nt r,,EHD 1964 aerial photos). Please identify this area on the plans (A simple explanation with an arrow pointing to the shoreline area will suffice). 3. The Narrative Description of the proposed development must be corrected to account for the change in the observation platform length and area. 4. A copy of a Deed or other Title Indicating Document must be provided. Please submit the needed documentation. Doug Dorman November 18, 2021 Page 3 of 3 5. Documentation of Notification of Riparian Property Owners must be provided. Please submit the Signed Certified Mail return Green Cards for this notification or signed forms of no objection. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, Ron Renaldi District Manager Division of Coastal Management cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City (via email) Buxton Oaks Partners, LLC c/o William Brody, Applicant, Buxton (via email) r "01ED NOV 2 0 2021 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Buxton Oaks Partners, LLC c/o William Brody 2. LOCATION OF PROJECT SITE: 46197 Buxton Oaks Lane, Buxton, Dare County, adjacent to Cape Creek. Lat/Long: 35.2669330 N,-75.5240890 W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 11/17/2021 Was Applicant Present — No PROCESSING PROCEDURE: Application Received Complete — 12/14/2021 Office — Elizabeth City SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - Commercial (B) AEC(s) Involved: Coastal Wetlands (CW), Estuarine Shoreline (EW), Estuarine Water (EW) & Public Trust Area (PTA) (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Planned - n/a (F) Type of Structures: Existing — Campers with decks/patios, gravel roads Planned - Raised walkway, observation platform, lowered kayak launch platform (G) Estimated Annual Rate of Erosion: n/a Source — n/a HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Coastal Wetlands 1,122 ft' shaded (B) Estuarine Waters & Public Trust Area 676 ft= shaded (C) Highground 498 ftz shaded (D) Total Area Disturbed: 2,296 ft' (E) Primary Nursery Area: No (F) Water Classification: SA; HOW Closed to Shellfishing PROJECT SUMMARY: The applicant proposes to construct observation and lower kayak launch platforms within the waters of Cape Creek that will be accessed via a wooden accessway constructed over highground and coastal wetlands. RECEIVED DEC 15 2021 DCM-MHD CITY Buxton Oaks Partners, LLC c/o William Brody Field Investigation Report Page 2 Project Setting The site of the proposed development is an RV Park located at 46197 Buxton Oaks Lane (off NC-12 and accessed along the eastern side of Super Wings beach clothing store), Buxton, Dare County, adjacent to Cape Creek. The property is ±5.3 acres in size and has elevations that range from ±1' within the shoreline area to ±14' within the highground area. Existing man-made features in the highground area include gravel roadways, ± 35 RV's with decks, retaining walls, sheds, septic systems and a bath house. Live oaks predominantly vegetate this area. The shoreline is located on the north side of the property adjacent to Cape Creek and is a large area of coastal wetlands (±1.7 acres) that extend ±1 87'landward of normal water level (NWL) at which point elevations rapidly increase in height. Wetland vegetation primarily consists of Juncus roemerianus (black needlerush) with hummocks of USACE 404-wetlands located along the water's edge growing on remnant spoil piles that were placed decades ago when Cape Creek was dredged. There are no man-made features within the shoreline area. Cape Creek is classified as Coastal Waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission and the Water Resources waterbody classification is SA; HQW. Cape Creek is ±52' in width at the project area, water depths range from 1.5' to 3' below NWL and submerged aquatic vegetation (SAV) was not present. Development Proposal To provide water access for the patrons of the RV Park, the applicant proposes to construct a 6' wide wooden accessway extending in a northerly direction from the highground area to NWL. The accessway will extend ±83' over highground area and ±187' over coastal wetlands where it will be elevated a minimum of 6' above the wetland substrate. At the end of the accessway, a proposed 46'xl0' observation platform will extend along the shoreline (waterward of NWL) to the west. On the east side of observation platform, a set of stairs (±4'x4') will lead down to a proposed lower 20'xl O' platform to launch kayaks. Water depths along the end of the platforms are ±2.5' below NWL and the area is void of SAV. The proposed platforms will meet the'/4 width limit (maximum 13' as measured from NWL) and will not infringe on the 15' setback area. There are no formalized slips proposed and the observation platform will have handrails. Anticipated Impacts RECEIVED • The proposed accessway will shade 1,122 ftz of Coastal Wetland AEC. DEC 15 2021 • The proposed accessway will shade 498 ft' of highground. DCM-MHD CITY • The proposed observation and kayak launch platforms will shade 676 ft2 of Estuarine Waters & Public Trust Area AEC's. • Impacts to navigation are not anticipated due to deeper water depths waterward of the proposed platform locations. Submitted by: Ron Renaldi Date: 12114/2021 t. It Y.. 61 wim"kOrr AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Property Legal Description: DEED BOOK: 2474 PAGE NO: 897 PIN NO.: 053719703075 PROPERTY STREET ADRESS: 46197 Buxton Oaks Lane, Buxton. NC 27920. Please Print: Property Owner: Buxton Oaks Partners, LLC Property Owner: The undersigned property owners of the above noted property, so hereby authorize N O V 1 5 2021 DMEC Doua Dorman of Atlantic Environmental Consultants. LLC to, (Contractor/Agent) (Name of consulting firm) 1. Act on my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (Dare County, North Carolina Department of Environmental Quality, U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or certifications. Property Owners Address (if different than property above): Property Owners Telephone Number: 252-412-9270 . We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Member, Buxton Oak Partners, LLC Authorized Signature and Title 10.12.2021 Date: Authorized Signature and Title Date: RECEIVED DEC 15 2021 DCM-MHD CITY ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: (�virr�nJ, NL f��9f� X B. D. Is delNery ad If YES, enter ❑ Agent ❑ Addressee i of Delivery C V- d� 0 Yes y address l ❑ NO 3. Service Type ❑ Priority Mall Express® II IIIIII I III II I I III I I I II I III III I I II I I II II III O� �Addu�6t pM ® Rwtdoled Delivoy ❑ Rag a rymetl Moll RwrMed 9590 9402 6361 0296 8616 28 ❑ 0W#W Mail Rutrlcted Delivery [Iagll t�roConfsmatlon- ❑Coll onDelivery ❑ Signature Confirmation —. ._ __� ewL.6 N mhg Q�s/er (ndln eeMCe ylla(/ ❑ Coll on Delivery Restricted Delivery Reat ieled Delivery 3160 0001 2523 5238 f:l7020 :1 insured Mel 7 Insured Mall Restdcled Delivery — �I lover cool PS Form 3811, July 202D PSN 7630-02-0DD-9053 Domestic Return Recall Postal CERTIFIED MAIL.. RECEIPT V7 Domestic f0 mys�,: 9.1 M ikll N.; •/.m, ru ow Mall Fes li{4 } 9 N N $ 1 J' csa aw µam�fagww•�(Fppif+ry ❑eaemR i o PfeardraPA ❑R..a R«+m ldenrar.d a ""-1' r•l It ❑ ❑CaIAIM MM R,aYlol•d aeaery i Si�,t+ifrifr �l O i pear sgaaWrowrateae•asrfi ; <o todta" A 11.'yIJ°unn I o oslageend . mFF m If u SenJ To. ❑ Slue6ar- ;:r; NE D NUV 2 9 2021 Dc,M-EC RECEIVED DEC 15 2021 DCM-MHD CITY ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC 27949 CERTIFIED MAIL RETURN RECEIPT REQUESTED November 8, 2021 George O'Neal PO Box 219 Buxton, NC 27920 Dear Mr. O'Neal, RECEIVED NOV 1 5 2021 DCM-EC The owners of the adjacent property are applying for a CAMA Major Permit to construct a 6'x187' elevated walkway over wetlands to a 10'x40' observation platform and a 10'x20' kayak platform. The specifics of the proposed work are in the enclosed application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Please review the attached drawing and should you have any objections or comments concerning this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264- 3901 within 30 days of your receipt of this notice. Such Comments will be considered by the Department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at dou dg aec(ae,gmail.com. Sincerely, Dolfg-boar ran SIGNATURE TE RECEIVED DEC 15 2021 DCM-MHD CITY Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC 27949 CERTIFIED MAIL RETURN RECEIPT REQUESTED November 8, 2021 Shoal Development, LLC 415 Shingiss Street. Apt. 3 McKees Rocks, PA 15136 To Whom it May Concern, RECEIVED Nov 1 5 2021 DCM-EC The owners of the adjacent property are applying for a CAMA Major Permit to construct a 6'xl87' elevated walkway over wetlands to a l0'x40' observation platform and a 10'x20' kayak platform. The specifics of the proposed work are in the enclosed application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Please review the attached drawing and should you have any objections or comments concerning this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264- 3901 within 30 days of your receipt of this notice. Such Comments will be considered by the Department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at douedaec&Dgmail.com. Sincerely, Doug Dorman SIGNATURE DATE RECEIVED DEC 15 2021 DCM-MHD CITY Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Buxton Oaks Partner, LLC f�'t-GE:IVb Address of Property: 46196 Buxton Oaks Lane, Buxton, NC 27920 DEC 14 2011 Mailing Address of Owner: Same as above wcb brad co.com 252-412-9270 DCM-EC Owner's email: @ Y Owner's Phonefl: Agent's Name: Doug Dorman Agent Phones: 252-599-2603 Agent's Email: dougdaec@gmail.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom Portion to be completed by the Adiacent Properly Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. 100 have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264.3901. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier. dock, mooring pilings, boat ramp breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or nprap revalments) (If you wish to waive the setback, you must *Ian the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Siynalure of Adjacent Riparian Properly Owner: % w' ALr.,i;,t T Typed/Printed name of ARPO: Shoal Devel ment, LL ^ s, Mailing Address of ARPO: 415 Shingidd Street, Apt 3, McKees Rocks, PA 15136 ARPO'somall: swellmotel@gmail.com ARPO's Phone#: 412-527-3162 Date: 12' 12/21 'waiver is valid for up to one year from ARPO's Signature' Revised July 2021 RECEIVED DEC 15 2021 DCM-MHD CITY J ROY COOPER Governor ELIZABETH S. BISER Serrerory BRAXTON DAVIS Director December 14, 2021 Buxton Oaks Partners, LLC c% William Brody 46197 Buxton Oaks Lane Buxton, NC 27920 Dear Mr. Brody: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval to provide access to Cape Creek for observation and kayak launch platforms located at 46197 Buxton Oaks Lane in Dare County. It was received complete December 14, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 27, 2022. 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 December 14, 2021, 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 RECEIVED DEC 15 2021 DCM-MHD CITY D_E Q� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 •"^^^"^"\�� 252.264.3901 Buxton Oaks Partners, LLC c/o William Brody December 14,2021 Page 2 of 2 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and or if you wish to receive a copy of the field report. Sincerely, Ron Ren7di District Manager, Northeastern District NC Division of Coastal Management IT7 Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Doug Dorman, Atlantic Environmental Consultants, LLC, Kitty Hawk, NC RECEIVED DEC 15 NZI DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Qualify TO: Theresa Schneider The Coastland Times Manteo, NC 27954 leizals@thecoastlandtimes.com FROM: Ella Godfrey DATE: December 14. 2021 SUBJECT: Public Notice: Buxton Oaks Partners, LLC Please publish the attached Notice in the Sunday, December 19, 2021, issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send me the affidavit, an original copy of the published notice, and an original invoice. 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: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIC, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File RECEIVED DEC 15 2021 DCM-MHD CITY ` D± ��� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909 2.52.204.3901 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 12/14/21. Buxton Oaks Partners, LLC is proposing to construct observation and lower kayak launch platforms within the waters of Cape Creek, that will be accessed via a wooden accessway constructed over high ground and coastal wetlands located at 46197 Buxton Oaks Lane, Buxton in Dare 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 01/08/22, 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, December 19, 2021 RECEIVED DEC 15 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Offke 401 South Griffin Street. Sulte 300 1 Elizaheth City. North Carolina 27909 252.26 13901 -N()T I (011� 107A CAMA PERMIT APPLIE FOR PROJECT: construct observation and lower kayak launch platforms within the waters of Cape Creek that will be accessed via a wooden accessway constructed over high ground and coastal wetlands. COMMENTS ACCEPTED 1 HROUGH _ January$, 2022 APPLICANT. FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Buxton Oaks Partners, LLC '1 Ronald Renaldi c/o William Brody 401 S. Griffin Street, Suite 300 46197 Buxton Oaks Lane Elizabeth City, NC 27909 Buxton, NC 27920 252-264-3901, ext. 235 252-41-9270 W l Recorded: 03101/2021 04:38:57 PM BY: CATHY VALENCIA _ Cheryl L. House, Register of Deeds Dare County, NC Q . ,,.. Fee Amt $26.00 NC Excre Tax: $2.250.00 r ,. �- a Land Transfer Fee: $t 1,250.0t Ile^ Nuv .1 9 2u[`tt BOOK 2474 PAGE 8YN97 (3) 701093898 IIIII�I�I�I�I��IHII�II� 0 PREPARED(I*Y}' AND RETURN TO: Linda H. McCown, Malarney & McCown, PLLC„ P O Box 729, Manteo, NC 27954 V. This instrument rcpared by Linda H. McCown, a licensed North Carolina attorney. Delinquent taxes, if any, are to be paid by the cl sf ng attumey to the County Tax Collector upon disbursement of proceeds. LAND TRANSFER�AX NO: 998-11 LAND TRANSFER TAX: S 11,250.00 Excise Tax: S 2,250.00 6 NORTH CAROLINA, PMNTY OF DARE PARCEL # 023715-001 Brief Description'fpilndex: Parcel 2, Plat Cabinet D, Slide 222 Buxton NORTH CAR1k NA GENERAL WARRANTY DEED THIS DEED made this the I" of March, 2021, by and between BUXTON OAKS PARK, LLC, a North Carolina Limiteiability Company Grantors, c/o PO Box 58, Manteo, NC 27954, and BUXTON OAK PARP(SRS, LLC, a North Carolina Limited Company, Grantee, of 46197 Buxton Oaks Lane, Buxto�VC 27920; The designation Grantor and Grantee as d herein shall include said parties, their heirs, successors, and assigns, and shall include singula ,(�ural, masculine, feminine or neuter as required by context. WITNFSSF,T That the Grantor, for a valuable consideration paid the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, am, sell and convey unto the Grantee in fee simple, all their right, title and interest in and tqt certain lot or parcel of land situated in the Village of Buxton, Hatteras Township, Dare Cougw, North Carolina and more particularly described as follows: 0 RECEIVED d DEC 15 2021 0 DCM-MHD CITY See Attached Exhibit A NU V 2 9 2021 0 The hereinabove described property was aFQui� btTantors herein by Deed Book 1321, �c�Page 462, Dare County Registry. ` `""' ' (� All or a portion of the property herein conveyed does not include the primary residence of trw�rantor. \--)TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurta!!otces thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Gran t, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simIQ that title is marketable and free and clear of all encumbrances, and that the Grantor will warran defend the title against the lawful claims of all persons whomsoever except for the exceptio reinafter stated. Title to t�"I roperty herein above described is subject to the following exceptions: Subject to the taxes for the year 2021. Easements and Fictions of record. IN WITNESS WIQ�kWOF, the Grantors have hereunto set their hands and seals, or if corporate, has caused this ms;etement to be signed in its corporate name by its duly authorized officers by authority of its Boag6f Directors, the day and year first above written. r1P� Buxton Oaks Park, LLC, a North Carolina Limited Liability Company (SEAL) (livin T. Blanchard, III, Managi g-Partner Y STATE OF JQo,-"1 1, Ca, r ; u t/M CITY/CO'UN``TYpOF �no.e e_ I hZt v. ck k M � �, a NXriy Public of the aforesaid City/County and State do hereby certify that Irvin T. Blanchard, III, Managing -Partner of Buxton Oaks Park, LLC, personally appeared before me this day and acknoytledged the execution of the foregoing instnlment. U _ Witness my hand and official seal or stamp, this day of F ram` `ti - , 2021. (Seal -Stamp) \ Linda I1E NOTARDare My commission North �.��A RECEIVED O DEC 15 2021 C� �� ^DCM-MHD CITY li G �O 'eP rcel 2 containing 230,891 sq. division Map Buxton Oaks", 3 ay of October, 1996, which County' Registry. EXHIBIT A ft. as shown and delineated on that certain plat entitled prepared by Quible and Associates, P.C., Surveyors, dated the plat or map is duty recorded in Plat Cabinet D, Slide 222, Dare 16 There is c".eyed hereby to the Grantee, their heirs and assigns, a non-exclusive 45' easement or right -of- along a portion of Parcel 1 of the aforesaid plat, which easement shall be for the purpose of v ular and pedestrian access to and from N.C. Highway 12 and Parcel 2 as shown on the aforesa ubdivision plat of Buxton Oaks recorded in Plat Cabinet D, Slide 222, Dare County Registry, �3S well as for the purpose of installation and maintenance of utilities in connection with the use and enjoyment of the aforesaid Parcel 2, said easement being more particularly described as follows: Beginning at an iron pi r other marker located in the North margin or right of way of N.C. Highway 12, said road ha & a right of way of 100 feet at this point, said point of beginning being also located in the Southeaspitorner of Parcel 1 as shown on that subdivision plat of Buxton Oaks recorded in Plat Cabinet D, SOUR 222, Dare County Registry; thence along the North margin or right of way of N. C. Highway 1Y uth 87 deg. 49 min. 44 sec. West 45.02 feet to a point; thence North 00 deg. 29 min. 03 sec. We29.03 feet to a point located in the South line of the aforesaid Parcel 2; thence along the South lln"f the aforesaid Parcel 2 North 89 deg. 51 min, 37 sec, East 45.00 feet to an iron pin or other mafliei'r located in the East line of the aforesaid Parcel 1; thence along the East line of the aforesaid Parcg4 South 00 deg. 29 min. 03 sec. East 227.43 feet to the point and place of beginning. This bein at certain area designated as "45' Access Easement" described and delineated on the aforesa@�subdivision plat of Buxton Oaks recorded in Plat Cabinet D, Slide 222, Dare County Registry. % NUV 2 9 7021 0 V111 \A-, RECEIVED DEC 15 Z021 DCM-MHD CITY Contact Name' Doug Dorman Contact Emall Address" dougdaec@gmail com Project Owner" Buxton Oak Partners, LLC Project Name' Buxton Oaks Campground Project County" Dare Owner Address: " Street Address 46197 Buxton Oaks Lane Address Line 7 City Buxton Postal / Zip Code 27920 Is this a transportation project?" Yes No Type(s) of approval sought from the DWR: 401 Water Quality Certification - 401 Water Quality Certification - Regular Express Individual Permit Modification Shoreline Stabilization Does this project have an existing project ID#? ` Yes No Slate I Province / Region NC Country USA Do you know the name of the staff member you would like to request a meeting with? Yvonne Carver ;E61f' R E C "'. NOV 15 2011 DCMWEC RECEIVED Please give a brief project description below and include location Information." The existing Buxton Oaks Campground is proposing to construct an DEC 15 2021 elevated wood walkway over coastal wetlands to an adjacent canal. A platform and kayak launch are proposed at the canal edge for water access. DCM-MHD CITY By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature* Submittal Date 10/9/2021 9.... /... '._: af "D N O V 1 5 2021 v),cwt-E-C✓ RECEIVED DEC 15 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 15, 2021 MEMORANDUM.' NORTH CAROLINA Envtronrnental Qualfty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bod na r(a) ncd erin gov SUBJECT: CAMA Review Applicant: Buxton Oaks Partners, LLC Project Location: 46197 Buxton Oaks Lane, Buxton in Dare County Proposed Project: construct observation and lower kayak launch platforms within the waters of Cape Creek, that will be accessed via a wooden accessway constructed over high ground and coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greqq Bodnar at the address above by January 5, 2022 If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "`Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE �FQ 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 wnm cprouV °ew TH2522643901 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Buxton Oaks Partners. LLC Distribution Date: 12/15/2021 AGENCY ECRO Community Development/1-PO Donna Creef DCM Planner Charlan Owens ElizCity US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort Carteret Craven, Eliz City, Pameco, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure lNo langer public Water supply) Clif Whitfield Marine Fisheries James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Samir Dumpor Storm water - RogerThorpe DWR 401- Chris Pullinger WRC Maria Dunn (WARO) National Heritage Program Rodney Butler RECEIVED DEC 15 2021 DCM-MHD CITY Revbed: 6/29/2018 ON MP-1 _EVE APPLICATION for 2 g 2021 Ma>or Development Permit NOV OV (last rovisod 12!27106) DC IV V North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Infonnadon Business Name Project Name (if applicable) Buxton Oaks Partners, Uc Buxton Oaks Park Applicant 1: First Nana MI Last Name William Brody Applicant 2 First Name MI Last Name If additional applicants, please attach an additonal page(s) with names Nsfed. Mailing Address PO Box city State 46197 Bunton Oaks Lane Brixton NC ZIP Country Phone No. FAX No. 27920 USA 252 - 412 - 9270 ext. Street Address (if different from above) City State ZIP Email wcbQbrodyco.tom 2. Agent/ContractorInformation Business Name Atlantic Environmental Consultants, Uc Agent/ Contractor 1: Fiat Name MI Last Name Doug A Dorman Agent/ Contractor 2: First Name MI last Name Meiling Address PO Box City State P.O. Box 32M Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252.281.7707 ext. 252 - 599 - 2603 sit. FAX No. Contractor e 252 281 7707 Street Address flyditfant from above) city state ZIP Email dougdaecggmail.com RECEIVE <Form continues on back> DEC 15 2021 DCM-MHD CITY 252.808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-i (Page 2 of 4) L= ; r, e ! 4V E D APPLICATION for Major Development Permit 110V292021 3. Project Location County (can be multiple) Street Address , i . IV, "' :..._ Stale Rd. e Dare 46197 Buxton Oaks Lane Subdivision Name city State zip None Buxton NC 27920 - Phone No. Lot No.(s) (if many, attach additional page with fist) 252 - 412 - 9270 ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico Sound e. is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (h.) b. Sae of entire tract (aq.ft.) 437 linear feet 231.824 sf c. Sae of individual lot(s) NIA d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (it many lot sizes, please attach additional page with a list) 8' ❑NHW or ®NWL e, Vegetation on tract Red Cedar, Live Oak, Wax Myrtle, Black Needle Rush, Salt Medow Cordgrass. I. Man-made features and uses now on tract Existing RV Park with roads, campers, decking, and wastewater systems. See sheet 1 for more detail. g. Identify and describe the existing land uses ad' cen to the proposed project site. Residential and commercial properties in the vicinity of the site. h. How does local government zone the tract? i. is the proposed project consistent with the applicable zoning? C-3 Commercial District (Attach zoning compliance certificate, d 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 h involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> VED DEC 15 2021 neke_w1uD CITY 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? NOV 2 0 2021 ®Yes ❑No (II) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (if) above, has a delineation been conductsQZ., t' S�l+" L - *-� ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Several conventional septic systems throughout RV park o. Describe existing drinking water supply source. Public water supply p. Describe existing storm water management or treatment systems. None. 5. Activitles and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublidGovernment ❑Privatelcommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed walkway will provide access to Cape Creek for recreationand kyayak launch and observation platform. c. Oescrlbe 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. Pilings to be installed hydraulically and remaining construction will completed with conventional framing practices. Material will be transported in by backhoe and a small excavator. Temporary matting may be used to cross wetland area if needed. Equipment will be stored onsite during construction. d. List all development activities you propose. 10'x46' observation platform 10'x20' kayak platform 6'xl87' walkway 6'x8T upland walkway e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None. I. Will wastewater or stomowater 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 DNA j. is there any mitigation proposed? ❑Yea ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> ED UEC 15 2021 DCM-MHD CITY 252.808.2808 .. 1.888.4RCOAST ., www.nccoastalmanagement.nat Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallntonnation in addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scab. 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 DEW 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 George O'Neal Phone No. Address PO Box 219, Buxton, NC 27920 Name Shoal Development, LLC Phone No. Address 415 Shingles St. Apt 3, McKees Rocks, PA 15136 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permlaee, and Issuing dates. h. Signed consu Kent or agent authorization form, g applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for pmiects in oceanfront and inlet areas. (Must be signed by property owner) it. 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 pudic funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described In the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _11108/21 Print Name _Doug Dorman, Consultant Signature �y 1 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts NOY 7 9 70 ❑DCM MP-3 Upland Development ®DCM MP-4 Structures information RECEIVED DWI-r DEC 15 2021 Ile M- 252-608-2808 ., 1-888.4RCOAST .. www.nc cos stalmanagc ment.ncl Form DCM MP-4 RECEIVED STRUCTURES Nuv 2 s 2021 (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-" B6 Y:4ulr lete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Government ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ONO c. (I) Dock(s) andfor piers) d. (i) Are Finger Piers included? []Yes ONO (ti) Number 1 If yes: (III) Length 29 111) Number _ (iv) Width 10' (iii) Length (v) Floating ❑Yes ONO (iv) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? ®Yes []No I. IQ Are Boatlifts included? ❑Yes ONO If yes: If yes: (it) Number 1 (it) Number (III) Length 46' (iii) Length _ (iv) Width 19 (iv) Width _ (v) Floating []Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 0 ❑ Full service, including travel lift and/or rail, repair or (it) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips') only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s): number of boat ramps: ® Other, please describe: Kayak Platform 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: 16' m. (i) Will the facility have tie pilings? []Yes ONO (ii) If yes number of lie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Kayaks I. (i) Will the facility be open to the general public? []Yes ONO RECEIVED DEC 15 2021 DCM-MHD CITY 252-808.2808 ;; 1-888-4RCOAST :: www.nccoast:rlmaungement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) NOV 1 9 2021 2. DOCKING FACILITY/MARINA OPERATIONS n S ®This section not applicable a. Check each of the following sanitary facilities that will be Included in the proposed proje / ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of'Pumpout Available" signs proposed. f. 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 an overnight and live-ahnard 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 madnaldocking facility proposed within a primary or secondary nursery area? DEC 15 Z021 ❑Yes ❑No DCM-MHD CITY 252.808-2808 :l 1-888-4RCOAST :: ww_ w,nccoastiiimanageme_n_t.net revised: 12/27106 ..... ( v i. . Form DCM MP-4 (Structures, Page 3 of 4) NOV 2 9 2021 In. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged equa(lic vpgetialdn (S/jv)„shell bottom (SO). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected ❑CW ❑SAV ❑S8 ❑WL []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 lifts) ®This section not applicable a. p) Is the boathouse structure(s), []Commercial ❑PublidGovernment ❑Private/Community (ii) Number (Ili) Length (iv) Width Note: Roofed areas are cakuleted from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and FRI.) ®This section not applicable a. (I) Number _ (ii) Length (iii) Width 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 or wetlands 10. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing None 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DEC 15 2021 DCM-MHD CITY 252-808.2808 v t-888.4RCOAST :: www.nccoastaimanagement.net revised: 12127106 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 165' to the west (O'Neal ), 202' to the east (Shoal Dev.) 530' to the east. Note: Forbucy ormoodrig piling, use am of swing including length 0/vessel. c. Widthofwaterbody 52 feet e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (n) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 3_5 8. OTHER a. Give complete description. 187'x6' elevated walkway over wetland and 83'x6' elevated walkway within the upland area. 11/19/21 []This section not applicable Date Buxton Oaks Park Project Name - _ - Buxton Oaks Partners, LLC Doug Dorman -agent Applicant Name Nov 2 942- 2011 _,/ /lam./—»'t�S�Z—r' ' �,T o•� Applicant ignaturee� DEC 15 M1 DCM-MHD CITY 252.808.2800 :: 1-888.4RCOA8T :: wwwmccoastalmanagement.net revised: 12/27106 —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (11/012012) Applicant: Buxton Oaks Partners, LLC c%William Brody Date: 12/14/2021 Project Site County., Dare Stall. Ron Reneldf District ZElizabeth City El Washington []Morehead City ❑101,11mington Project Name: Buxton Oaks Pant I Rover File: SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes® No❑ Setback Required (niparlan): ❑Yes No Critical Habitat: ❑ Yes ❑No ❑Not Sure 15 toot waiver obtained: ❑Yes MNo Hazard Notification Returned: ❑Yes ®No SAV.• ❑Yes CgNo Not Sure Shell Bottom: ❑Yes ®No Not Temporary Impacts: ®Yes ❑No Sure Sandbags: []Yes ®No ❑ Not Sure Did the land use clessificellon come from Mitigation Required (optional): county LUP.- ®Yes ❑No Dyes ®No Moratorium Conditions: ❑Yes LJNo Environmental Assessment Done: ®NA []Yes []No ®NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonlum sp.) (SS) Glasswort (Sallcomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgress (Spartina ❑ (SY) Salt reed grass (Sparfina altemitlore) cynownikles) LJ (DS) Sett or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) Satbmeadow, grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 111(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 El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 0 111(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 El Major development extension request - If. Public or commarciayno dredge $100 and/or fill - $400 LJ I. Private no dredge and/or fill - $250 III(C) Priv. public or comm to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-8884RCOAST :: www.nccoastaimanagement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Buxton Oaks Partners, LLC clo William Brody Date: 12(14r2021 Describe belowthe ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In yourActivides code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Elevated Accessway I New Work® Replace 187 6 marsh Maint ❑ ❑ Y ® N Platform 1 New Mork ® Replace 46 10 Maint ❑ ❑ Y ® N Platform I New Wv* ® Replace 20 10 Maint ❑ ❑ Y ® N New Work ® Replace Maint ❑ ® Y [IN New Work ® Replace Maint ❑ ❑ Y ® N New Work S Replace Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y ® N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Main ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Main ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Main ❑ ❑ Y ❑ N New Wont ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replece Maint ❑ ❑ Y ❑ N New Work ❑ Replace Main ❑ ❑ Y ❑ N New Work Replace RECEIVED Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Main! ❑ ❑ Y ❑ N revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page a of sl Applicant., Buxton Oaks Partners, LLC c10 William Brody Date: 1211412021 Describe below the HABITAT disturbances for the application. All values should match the name, and units o/ 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 temp im acts 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 tamp im ct5) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) CW Dredge [I Fill ❑ Both [I Other 1,122 1,122 HG Dredge ❑ Fill [I Both ❑ Other ® 498 498 OW Dredge ❑ Fill ❑ Both ❑ Other to 676 676 Dredge ❑ FNI ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fin ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ SoM ❑ Other ❑ Dredge ❑ FN1 ❑ Both ❑ Other ❑ Dredge ❑ F1N ❑ Both ❑ OMer ❑ Dredge ❑ FN ❑ Both ❑ Other ❑ Dredge ❑ FM ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Pill ❑ Both ❑ Oaror ❑ RECEIVED DEC 15 2021 DCM-MHD CITY 252-808.2808 :: 1-888-411COAST :: www.nccoastaimanagement.net revised: Nov. 2012 MAJOR PERMIT FEE MATRIX Applicant: K)>( x,-,, r-�C �, ParlrarSi LLC % w,lltaw� 631**oay Selection Development Type Fee DCM % (143001601 435100093:4,4300 DWO % 1602 4351000q I. Private, non-commercial El development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or o n water areas: 11. Public or commercial Ei development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open 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: Ei III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality 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 applied: III(C)- if General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff RECEI determined that additional review and written DWQ concurrence is needed DEC 1 because of concerns related to water quality or a uatic life: 11I(D). If General Water Quality Certification No. $400 60 ($240) 40% ($160) 4097 (see attached) cannot be applied: 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 en water areas: 'ED 2021 ) CITY NC Division of Coastal Management 15029c n Cashier's Official Receipt /. Date: 11 1 (0 20 -11 Received From: C,.-....I tiJsI LC $ 4CU,(90 Permit No.: Ma0- - !fir ...,.'1•" Check No.: 6�; Applicant's Name- =j' x " j i County: c I-C Proiect Address: 4lo i q-+ 13 l' rlli M 'Z A+} y a T5 ), U Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: of`' pt / . A A a91, .�i, rv1 Date: I ,� Signature of Field Representative: Q fir 2 Date: t ILb/d RECEIVED DEC 15 2021 DCM-MHD CITY NpYERN PLv .s"'B.q `w:.�' o.. °m ;: E..N.�'E` ,•o�z, '"°E°' RW.v`, s vewr Guv NOW FORMERLY - z SHOALS DEE PG7EN7, LLC 1 _ RwzoE 7J f � AT OS 2Y2. 2. 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