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HomeMy WebLinkAbout63-22 N-seine Seafood---- --- Permit Class Permit Number NEW 63-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission PL' d for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to N-seine Seafood 105 Hwy 264 Stumpy Point, NC 27979 Authorizing development in Dare County at adi to S=y Point Bav at 104 Log Storage Rd. & 103 US Hwy 264,-in Stumpy Pt. , as requested in the permittee's application dated 1218/21 1.3) and 9/17/21 (Mp-2,4), including attached workplan drawings (4) Sheets 1-4 of 4 all dated 1/4/22. This permit, issued on June 3, 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 tf these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be nuu ana voia. 104 Log Storage Road Docking Facility Replacement 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. (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 autnonty or me Secretary of 1AN ana me L;nar of the Coastal Resources Commission. fo, Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N-seine Seafood ADDITIONAL CONDITIONS Permit No. 63-22 Page 2 of 5 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking 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. 3) 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. 4) This permit authorizes a maximum of 7 formalized boat slips. 5) 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. 6) 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. 7) Should the lot to the north be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. Shoreline Stabilization — Rio Rao Revetment 8) The rip rap revetment shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 9) No vegetated wetlands shall be excavated or filled, even temporarily. 10) No open water shall be excavated or filled, even temporarily, outside of the approved rip rap revetment alignment. 11) The alignment of the authorized rip rap revetment shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 12) The rip rap revetment material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete with no exposed rebar. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. . N•seine Seafood ADDITIONAL CONDITIONS 103 Hwy 264 Fish House and Wooden Walkway Replacement Permit No. 63-22 Page 3 of 5 13) This permit authorizes only the replacement of the existing non -conforming structure within the previously existing -footprint. No portion of the replaced non -conforming structure shall be located outside of the previously existing structure footprint. 14) The non -conforming fish house shall not be enlarged beyond existing dimensions. 15) The non -conforming fish house shall not change in use, and continue to be utilized as a fish house. 16) The Division of Coastal Management shall be notified immediately in the event of any spillage of any hazardous, toxic, or harmful materials or substances (e.g. paint, stain, fuel, polyurethane) into the Estuarine Waters or the Public Trust Area. 17) A turbidity curtain shall be installed around the entire project site and construction site located in Estuarine Waters and the Public Trust Area during all phases of demolition and construction. The turbidity curtain shall remain effective and in place for the duration of all work over Estuarine Waters and the Public Trust Area. NOTE: This docking facility was permitted under the rule of 15A NCAC 071.0211 for Non -Conforming Development. Fish House Doeldne Facility Replacement 18) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 19) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking 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. 20) 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. 21) This permit authorizes a maximum of 3 formalized boat slips. 22) 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. N-seine Seafood Permit No. 63-22 Page 4 of 5 ADDITIONAL CONDITIONS 23) 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. Shoreline Stabilization — Balkhead 24) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 25) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 26) The alignment of the authorized bulkhead shall be staked by the pemmittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 27) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, ...or other suitable materials approved by Division personnel.. 28) The bulkhead shall be constructed prior to any backfilling activities. 29) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 30) This permit does not authorize any excavation waterward of the approved alignment. 31) . The fill material shall be clean and free of any pollutants except in trace quantities. 32) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 33) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 34) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 35) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 36) 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. 37) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. N-seine.Seafood ADDITIONAL USACE Conditions Permit No. 63-22 Page 5 of 5 38) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigb/pdfdManateeGuidelines20l7.pdf. General 39) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 40) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 41) 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. 42) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required.. NOTE: The U.S. Army Corps of Engineers authorized the project by way of programmatic General Permit 198000291(Action ID SAW-2022-00746). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 2022-0136. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean water level. NOTE: An application processing fee of $400 was received by DCM for this project. DCM Coordinator: �/� � Permit #: 3 -? ( f MAIL IN G D //ISTRIB //U TIO N SHEET ' / _l Permittee: /t-l—sCrrK sP� �/� Ly�e �'Cid� �aS Y26`7 '54p-*Oy Agents: y e:j_ei !oW dour, dCCCe!FQ&a4r,lcea/l (or'r�rl(C 271976 DCM Field Offices Elizabeth City �fMN*'G 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: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Hams Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401 Clif Whitfield (WARD) Jimmy Harrison TBD - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Fender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney Butler LPO: 3�1%_ co, (NCDOT) Travis Wilson Dom IMP-1 _ ..... APPLICATION for BEE 17 2021 Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name Project Name (If applicable) N-Seine Seafood N-seine Seafood Applicant 1: First Name MI Last Name Luke Midgett Applicant 2: First Name MI Last Name Trudy R Midgett If additional applicants, please attach an additional page(s) with names listed. Mailing Address PC Box City State 105 Hwy264 Stumpy Point NC ZIP Country Phone No. FAX No. 27978 USA 252 - 475-8817 ext. - - Street Address (if different from above) City State ZIP Email office@nseineseafood.com 2. Agent/ContractorInformation Business Name Atlantic Environmental Consultants, Llc Agent/ Contractor 1: First Name Doug MI A Last Name Dorman Agent/ Contractor 2: First Name MI Last Name Mailing Address PC Box P.O. Box 3266 City Kitty Hawk Stale NC ZIP 27949 Phone No. 1 252 - 599 - 2603 ext Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email dougdaec@gmail.com <Form continues on back> RECEIVED 252-808-2800 :. -I-880.411COA5T .: www.necoastnlmanagement.aet DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) l j APPLICATION for DEC 1 7 2021 Major Development Permit 3. Project Location r "• d . fl i w . , County (can be multiple) Street Address State Rd. 0 Dare 103 Hwy 264 & 104 Log Storage Road 1164 Subdivision Name City State Zip None Stumpy Point NC 27978- Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 475 - 8817 ext. I I I , a. In which NC river basin is the project located? to. Name of body of water nearest to proposed project PA j o , A iJ Stumpy Point Bay 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 a. 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 (ft.) b. Size of entire tract (scift) 2,228 linear feet 180,369 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 7,000,173,369, NWL (normal water leveo (if many lot sizes, please attach additional page with a list) 6 ❑NHW or ®NWL e. Vegetation on tract Red Cedar, Wax Myrtle, Black Needle Rush, Salt Medow Cordgrass. I. Man-made features and uses now on tract Existing fishouse consists of existing bulkhead around permiter of concrete foundation with block and wood frame construction. Existing wood docking around fishhouse. Existing wood docks and platforms located thoughout property. There is rock and concrete rip -rap at varios locations on the property. See existing condition sheets 1. g. Identify and describe the existing land uses ad acen to the proposed project site. The existing land use is dominated by commercial fishing with other commercial business in the area. There are a few residential buildings in the adjacent area and the NCDOT Emergency Ferry System. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? SP-C, Special Commercial (Attach zoning compliance certificate, if applicable) ®Yes []NO ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does h involve a []Yes ONo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED JAN 2 6 2022 2 �.^.-aba-2aea .. 1-B aa•�IiC UA S'r' .. www.r.r.coastalmana,gem t int bL;M-MHD CITY Form DCM MP-1 (Page 3 of4) APPLICATION for Major Development Permit DEC 1 7 21021 M. (1) Are there wetlands on the she? ®Yes ❑No i (II) Are there coastal wetlands on the she? �" I�.•. �. V ®Yes []No t s •.%: r �A L_J (111) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Off site wastewater treatment facility available for Stumpy Point and this commercial area. Stumpy Points water and sewer treatment plant located at 98 Bayview Drive, Stumpy Point. o. Describe existing drinking water supply source. Public water supply p. Describe existing stone water management or treatment systems. None. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliUGovernment ®Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. The reconstruction of the existing fishhouae and docking will provide additional infrastructure for the existing commercial fishing industry in the area. Additional concrete an rock rip -rap is being proposed around the perimeter of the 3.98 acre parcel to provide shoreline protection of the parcel and continued safe protected harbour for the commercial fishing vessells. C. Describe the proposed construction methodology, types of construction equlpment to be used during construction, the number of each type of equipment and where it Is to be stored. All construction material will be delivered to the asphalt area on the east side of the property adjacent to Hwy 264. 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. Installation of concrete and rock rock rip -rap along shoreline and repair and/or replace docks and platforms at 104 Log Storage Road. Re -build existing fish house building and docks at 103 Hwy 264. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 9,450 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. There is surface runoff from existing fish house building to the adjacent harbor. The existing building footprint will not change therefore, there is no additional discharge to waters of the state. I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA 1. Is there any mitigation proposed? ❑Yes []No ®NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED JAN 2 6 2.S2-a00-2a0a .. 1-888-411coAST .. www.ncceast.rlmanagern ran t.nnr DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (11,113-1) the following Items below, If applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropdate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mall. 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 NCDOT - Brian Doliber NCDOT Ferry Division Phone No. 252-621.6251 Address 159 Lucinda Lane, Powells Point, NC 27966 Name Dare County - Bobby Outen, County Manager Phone No. Address PO Box 1000, Maniac, NC 27954 Name Robert 6 Noaml Midgett Phone No. Address 178 Bayview Drive, Stumpy Point, NC 27978 g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, penniltse, and issuing dates. General Permit #79380, issued 07/29/21 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, If necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I 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 stale 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 12/08/21 Print Name _Doug Dorman, Signature z4f:2-, Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information I]DCM MP-5 Bridges and Culverts U l 17 ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information r •, q r"''� REIV� JAN 26 252•QOFL 7.Q08 ,. '1-868-4FtCOAST ,. www.nccoastalrnanag t.net 'DCM-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this rorrn to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation andfor fill activities: All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWLI stabilization Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 11. EXCAVATION This section not applicable a. Amount of material to be excavated from cubic yards. c. () Does the area to be excavated Include coastal wetands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (Sit), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB Owl. []None (1i) Describe the purpose of the excavation in these areas: 2. DISPOSAL OFEXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim lille to disposal area? ❑Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. e. (1) Does lhedlsposalarea Include anycoastal wetlandsimarsh (CA, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. d. (I) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (iii If yes, where? I. (i) Does the disposal Include any area in the water? ❑Yes ❑No ❑NA (it) If yes, how much water area is affected? RECEIVED JAN 2 6 2022 DCM-MHD CITY 252.808-2808 :: 1-888.4RCOA5T r; wvvw.nccoastalmanagement,het revised: 12r26)06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development Is a wood groin, use MP-4— Structures) a. Type of shoreline stabilization: b. Length: 225 feet bulkhead replacement 780' rib•rao 450' ®Bulkhead SRiprap ❑Breakwater/Sill []Other: _revetment c. Average distance walerward of NHW or NWL: Bulkhead 2', 8' Hp - rap e. Type ofstabllization material: Wood or vinyl Bulkhead. Concrete, mad, or granite riprap g. Number of square feet of rill to be placed below water level. Bulkhead backfll 490 of Riprap 10,500 at Breakwdlerroill_ Other_ I. SOufCaef fill material. Trucked in from local source. Wdlh: V al bulkhed. 10' feet rio-mo. 6' revetment d. Maximum distance walerward of NHW or NWL: 10' f. (i) Has there been shoreline erosion during preceding 12 months? SYes []NO ❑NA (i) If yes, slate amount of erosion and source of erosion amount Information. 5 feet. Field observations h. Type of fill material. Clean sand, concrete, marl, granite 4. OTHER FILL ACTIVITIES SThis section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ❑Yes []NO ❑NA b. (i) Will III material be placed In coastal wetlandsimarsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (i) Amount of material to be placed In the water other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. IN) Dimensions offiillarea _ ❑CW ❑SAV _ ❑SB _ IN) Purpose of fill OWL []None III) Describe the purpose of the fill In these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraullc dredge)? NIA Backhoe, excavator. c. () Will navigational aids be required as a result of the project? d. () Will wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA site? ❑Yes SNo ❑NA (ii) Ifyes, explain what type and how they will be Implemented. (ti) If yes, explain steps that will betaken to avoid or minimize environmental Impacts. 09/1 R21 Project Name Date RECEIVED - Applicant Authorized agent -Doug Dorman Applicant Name JAN 9.6 2022 252-808.2808:: 1.888-4RCOAST :: www.nceoastalmanayement.Bet revised: 12128i08 DCM-MHD CITY a ,. Form OCM MP-2 (Excavation and Fill, Page 3 of 3) T�eu� 7�e� yizari JAN 0 5 2021 Applicant Signature RECEIVED JAN 2 6 2022 252.808.2808 :: 1.88B•4RCOA5T :: viww.nccoa stalmanagement,net Form DCM MP-3 UPLAND DEVELOPMENT (Construction andlor land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. - Re -construction of existing fish house building and docking c. Density (give the number of residential units and the units per acre). 1 existing unit. 4,550 sf e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes SNO ❑NA (ii) If yes, list the date submitted: - g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 65% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 65% j. Describe proposed method of sewage disposal. Stumpy Point central wastewater system I. Describe location and type of proposed discharges to waters of the state (e.g., sudace runoff, sanitary wastewater, Induslriall commercial effluent, ~wash down" and residential discharges). Surface runoff b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed Including roads, ditches, etc. 9,450 sf f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete, Roofing material h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes SNo ❑NA (ii) If yes, list the date submitted: k. Have the facilities described in Item () received state or local approval? []Yes SNo ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? []Yes SNo ❑NA If yes, attach appropriate documentation.. . RECEIVED JAN 2 6 2022 DEC 1 1 2.21 b? 800.28e81 :: 1•808AI1G0AST:: www,,ncconstnlmagagr. ntrnt.ltet D CITY i revised: l2/2..6/06 :+1•vrg M: M Pe` V-:3 (Ul antt m! velopnnent, Pa)1ta 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Public Water Supply o. When was the lots) platted and recorded? Dare County records indicate 1940 for 103 Hwy 264. Dare County records indicate June 6, 1956 for 104 Log Storage Road. 12/08/21 Date Midgett Project Name Agent- Doug Dorman Applicant Name %P�Pllcarrttlgnature n. (i) Will water be impounded? ❑Yes ®No ❑NA (li) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be Installed for this upland development? ❑Yes ❑No ®NA RECEIVED JAN 2 6 2022 DCM-MHD CITY OBI: 1 7 2921 .:59.4108•2800 :: 1-88N•4RCOAST s: evww.nc co_astabnzinam g oenn t.L't revised: 12126106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Mil (' 5 281'.l Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/madne: ®Commercial ❑Publle/Government ®PrivatelCommunfly c. (I) Docks) end/or pleas) pq Number 4 (lit) Length 104 Loa Storage -40'. 74'. 62'. Fish House- 75'. 40'. 36' (iv) Width Log Storage - all 6'. Fish House- 12'-IN. 11'. 17' (v) Floating ❑Yes ®No . ❑This section not applicable b. (I) will the facility be open to the general public? ❑Yes ®No d. (1) Are Finger Piers Included? ®Yes ONO If yes: (II) Number 1 (111) Length Q (iv) Width (v) Floating []Yes ONO e. (1) Are Platforms included? ®Yes []No f. (1) Are BoalGftsincluded? []Yes ®No If yes: If yes: (6) Number 2 111) Number (ill) Length 2V & 30' (Ili) Length _ (iv) Wdth 02 & 12' (Iv) Width (v) Floating []Yes ®NO Note: Roofed areas are calculated from ddpline dimensions. g. (I) Number of slips proposed It. Check all the types of services to be provided. 0 ❑ Full service, Including travel lift and/or rail, repair or maintenance service (II) Number of slips existing 10 ❑ Dockage, fuel, and marine supplies ® Dockage (^vet Opel only, number of slips: 10 ❑ Dry storage; number of boats: []Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: - J. Describe the typical boats to be served (e.g., open runabout, ❑ Land cmand access channel charter boats, sail boats, mixed types). �E []Open water; dredging for basin and/or channel Commeriafrll fising vessels CEIVED ®Open water: no dredging required ❑Other, please describe: BAN 2 6 2022 ®CA44WH® C17y k. Typical boat length: 30'-50' 1. (1) Wilt the facility be open to the general public? 252.808-2808:: 1.888-4RCOAST:: WWW.nCCoaSteltnarlayement_net revised: 12127/06 Form DCM MP-4 (Structures, Page 2 of 4) m. (i) Will the facility have tie pilings? ❑Yes ®No ®Yes []No (H) If yes number of tie pilings? L 2. DOCKING FACILITY/MARINA OPERATIONS IMThis section not epplicabte a. b. Check each of the following sanitary facilities that will be included In the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number:_; Location: ❑ Shcxers ❑ Boatholdbg lank pumpoul; Give type and location: Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. HowwU overboard discharge of sewage from boats be controlled? e. (i) Givethe location and number of"No Sewage Discharge"signs proposed. (II) Givethe location and number of "Pumpout Available" signs proposed. f. Describe thespeclat 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. I. Give the number of channel markers and "No Wake" signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. J. What W11 be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin gushing? RE r( CEIVED JAN 2 6 2022 DCM-MILD f'"'`IT 252-808-2808:; "88-4RCOAST :: www.neeoastalmanayement.net revised: 12/27106 Form DCM MP-4 (structures, Page 3 of 4) I. If this project Is an expansion of an existing marina, what types of services are currently provided? m. is the mannaldocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? rlYes flNo o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandslmarsh (G), submerged aquatic vegetauon tbnvl, sneo.rv.:vn, (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW __ ❑SAV ❑SB OWL _ ❑None p. Is the proposed madnaldocking facility located within orwllhin close proximity to any shellfish leases? Oyes j]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. (1) Is the boathouse stnrclure(s): ❑Commercia( ❑Public/Government ❑Private/Community (II) Number (III) Length (Iv) Width Note: Roofed areas ere calculated from ddp1me dimensions. 4. GROIN (e.g., wood, shestpile, etc. If a rock groin, use MP-2, Excavation and FILL) gThis section not applicable I a. () Number (li) Length (III) Wdlh __ 5. BREAKWATER (e.g., wood, sheetpile, etc.) WThiS section not applicable I a. Length c, Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6 MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑PubliclGovernmenl ❑PrlvalelCommunily C. Distance to be placed beyond shoreline _ d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, ffpresent VED --. JAN 2 6 202f vised: 12/27/06 252.806.2806 :: 1-888.4RCOAST :: wwv✓.necoastaimanapemgnt.net DCM-MHD CITY Form DCM MP-4 (structures, Page 4 of 4) e. Are of the swing None 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Fish house dock 19' to Robert Midgett, 5' to Dare County Note: For buoy ormooring piling, use arcof swing Including length of vessel. b. Proximity of structure(s) to adjacent docking facililles. Finger Pier at 104 Log Storage Road connects to Dare County bulkhead. C. Width otwaler body d. Water depth at waterward end of structure at NLW or NWL Stumpy Point Bay by fish house 275 wide at 103 Hwy 264, 6'-10' Stumpy Point Bay from shoreline of 104 Log Storage Road 2 miles. e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (II) If yes, explain what type and how they will be Implemented. 18. OTHER ®This section not applicable a. Give complete description: 09117@1 Dale Midgett Property Project Name Doug Dorman -agent Applicant Name PBLL4t- Z)610 221L Applicant Slgnature )1,1) 0 5 N21 RECEIVED JAN 2 6 2022 DCM-MHD CITY 252.808-2808:: 1.888-4RCOAST :: www.n.ccoaetalman.Agpment.net. revised: 12127106 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: N-Seine Seafood; c/o Luke & Trudy Midgett COUNTY: Dare PROJECT NAME: N-Seine Seafood RECEIVED LOCATION OF PROJECT: 104 Log Storage Road & 103 Hwy 264, Stumpy Point DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-5-22 JAN 2 6 2022 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Yvonne Ca --9 STRICTOFFICE: Elizabeth �M-MHD CITY DISTRICT MANAGER REVIEW Date Vx 5 B) DATE RECEIVED BY MAJOR 1"ErMITS UNIT: FEE REC'D: $400 (no split) 0 III(B) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 130-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 3-21-22 HOLDS: EMAIL OUT DATE: 1-26-22 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 2-19-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 2-16-22 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep Z�1,4(.Z" DCM—LUPConsistency Determination Z,1712- (ph5) Local Permit Officer Corps of Engineers — Regulatory Branch 1o2,7, - 00 746 -fvl DWR-401Section K ZoI7,L c(gj( Z�ZZ o� to DWR-Public Water Supply i�?Ao ZL K DEMLR— Stormwater Z�9 ZZ (ZY�t DEMLR — Sed and Erosion 1 DOA — State Property Office Z15, Z Wildlife Resources Commission L�jgrZt yc DMF — Shellfish Section DMF— Habitat&Enhancement k` lL )G DNCR—Archives&History 1.t t` DNCR — Natural Heritage Program NCDOT NC Dept of Commerce u ROY COOPER covemor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM. NORTH CAROLINA Environatenta( Quality TO: Greg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, District Manager Northeastern District, Division of Coastal Management FROM: Yvonne Carver, Field Representativ cD DATE: 02/14/22 SUBJECT: Recommendations for N•Seine Seafood; Luke & Trudy Midgett The applicant proposes the reconstruction of an existing fish house with associated bulkheading, access and docking at 103 Hwy 264, Stumpy Point, Dare County. They are also proposing to reconstruct the . piers/platforms along the shoreline at 104 Log Storage Road in Stumpy Point, as well as the installation of riprap for shoreline erosion and wetland protection. The development proposed will involve the Estuarine Waters (EW), Public Trust Area (PTA), and Coastal Shoreline (CS) AECs. I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project, and my findings are as follows: 15A NCAC 07H .0206 ESTUARINE WATERS (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. 15A NCAC 07H .0206 PUBLIC TRUST AREAS (a) General Use Standards (1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches; North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City (Mice 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 D �� 252264.3901 Recommendations for N-Seine Seafood; Luke & Trudy Midgett Page 2 (b) Specific Use Standards (6) Piers and Docking Facilities. (A) 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; (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight 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 shall not apply to marinas; (C) 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; (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; (G) Pier and docking facility length shall be limited by: (1) 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); (It) not extending into the channel portion of the water body; and,(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 shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier headline established by the adjacent piers or docking facilities, nor longer than one -thins the width of the water body. (1) 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. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. The minimum setback provided in the rule may be waived by the written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are co applicants. Consistent: The shoreline around the existing fish house Is approximately 242 linear feet (Ift). The total square feet (sf) allowed per 8 sf per Ift of shoreline would calculate to 1,9361, The applicant is requesting to replace the existing dilapidated platforms with a total of 2,007t sf. In review of,the proposed structures on Sheet 2 of 4, approximately 278 sf (139' x 2') of the platforms will be landward of the replacement bulkhead. The current access/walkway (50' x 5'4") is proposed to be reconstructed in the same footprint totaling 270 sf. No expansions are proposed by the applicant. Recommendations for N-Seine Seafood; Luke & Trudy Midgett Page 3 The shoreline around 104 Log Storage Road is 2,000t Ift, with maximum of 2,000 sf of platform allowed. The applicant is proposing the replacement of 2 platforms totaling 760 sf. Approximately 48% (364 sf) of the new platforms will cross over 404 wetland vegetation to high ground. Three sections of replacement docksipiers (6' x 40', 6' x 74' and 6' x 621) will connect to the proposed platforms. An existing 2'x8' finger pier that connects to the northern section of Midgett's dock and Dare County's bulkhead cap will be replaced In the existing footprint. A signed waiver was obtained from Robert Outten, Dare County Manager. (7) Bulkheads (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level; (B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources; (C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead; (D) Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; and (v) the property to be'bulkheaded is in a non -oceanfront area: (E) Where possible, sloping rip -rap, gabions, or vegetation shall be used rather than bulkheads. Consistent: The applicant is proposing 780 Ift of dprap for shoreline protection and erosion control, with a maximum distance of 10' waterward of NWL. The applicant Is also proposing 450 Ift of riprap revetment for wetland protection, with a maximum distance of 6' waterward of NWL. The specific conditions for this development is addressed under 07H.2405. 15A NCAC 07H .0209 COASTAL SHORELINES (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid or minimize adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. 10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development Recommendations for N-Seine Seafood; Luke & Trudy Midgett Page 4 shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section, which states, "Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent.. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches (B) Pile -supported signs (in accordance with local regulations); (C) Post- or pile -supported fences; (D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public use or need; (E) Crab Shedders, if uncovered with elevated trays and no associated impervious surfaces except those necessary to protect the pump; (F) Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet; (G) Grading, excavation and landscaping with no wetland fill except when required by a permitted shoreline stabilization project. Projects shall not increase stormwater runoff to adjacent estuarine and public trust waters; (H) Development over existing impervious surfaces, provided that the existing impervious surface is not increased; Consistent: The applicant is proposing the replacement of a 4,550 sf fish house in the existing footprint. No expansions are proposed and the impervious surface will not be increased. Based on my review of the applicable subsections of the NC Administrative Code, the permit application, and plans submitted on behalf of Luke and Trudy,MidgetUN-Seine Seafood, staff recommends a Major Permit be issued to the applicant, subject to the standard permit conditions of the CAMA, in correlation with project approval by the NC Division of Water Resources and the US Army Corps of Engineers' rules and regulations. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director January 26, 2022 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 o dnar@ ncd eringov SUBJECT: CAMA/Dredge & Fill Review Applicant: N-Seine Seafood Project Location: 103 Hwy 264 & 104 Log Storage Road, Stumpy Point in Dare County Proposed -Project: Reconstruct the existing fish house and docking around the perimeter of the building located at 103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gramm Bodnar at the address above by February 16, 2022. 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" VThis 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 r_WAz�f a!t�_ 6aad for Shannon Jenkins DATE 2/15/2022 ®(i O%Z North Carolina Department of Environmental Quality I Division of Coastal Management flil7ii�F��l� �t� JJffjjJJ 2ps Elizabeth City Office 1401 South Grifnn Street, Suite 3001 Elizabeth City, North Carolina 27909 =LOW °^��°W_\d� 252.264.3901 ROY COOPER: ELIZABETH S.:BISER BRAXTOMPAVIS. January �t1,;2022 MEMORANDUMt FROM are .B.odnar... , sIstant major Permits Coordinator 9 Ncl)EQ - Division of aoaptsii {Management 400 Commerce Ave. o.. d 6ity, NC-76557 Fax, !8Z,'-247-3U0 ro- -33) SuBjecT, CAMA10radge 4 FIXRevlqw Appificiint NIS61ne Seafood Project Lftsiflw: 103 Hwy. 264 &104 Lou.storaije.Roadi Stumpy point 16.11-aire County Y. Propotsed'Proj6di. Reconstru . ctilheMist! , no fishbouse and-docking:airound. - theperim6tero(the. bdildifig located at '103 HWY- 9041 and reconstruct the existing 016w and! plaffohns -as.Woll as shoirolifte stabilization for the pr6pirdyltic6ted it, 164. Log Storage Rbad Please Indicate bel oWypur a d'prol6et. and gepqy's position or vIeWpold ori�tha propo .00 refilm (hit. roft to GM_Q 8 odnar it the address above'by Fbt#!v4ty. 10,. 2022. Ifyou have any questions regarding the proposed project,contect Yvonne carver (252-264,490t, e�.2.37)'Wheri. appropriate, InAeptin comments voth supporting . data is requested: REPLY: This agency hat. na objedtion.to the projectlas'proposed. "Additionat comments may be attached"'. VThis agency has no COMMint ofi.:ths. proposed project. This agency approves of the project only If the recommended changes and. Incorpdrated;:Saa attached. This agency objects to IMproject for reasons described ln the attached comments, PRINT NAME LlrlF y1irwrl4ld AGENCY* Sec fridM SiONAT1.11111i BATE 61 RECEIVED JAN 2 6 2022 1"fAP SECTION RAND NorthC, - Elizabeth City dfilte.1 4DiSoullkGrAristreet Wit, 300 1 glizabetitClty. North Carofitta 279.09 15K AM 9 4;;'X.00;;M 252.264.3901 ROY COOPER Governor ELIZABETH S. BISER S"mary BRAXTON DAVIS Dimc7or January 26, 2022 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 (Courier04-f6.33) R=g&Qdnar@ncdenr.= SUBJECT: CAMA/Dredge & Fill Review Applicant: N-Selne Seafood Project Location: 103 Hwy 264 & 104 Log Storage Road, Stumpy Point In Dare County Proposed Project: Reconstruct the existing fish house and docking around the perimeter of the building located at 103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road 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 February 16, 2022. 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. Lee Padrick PRINTNAME E 10 �Iy tf E7D AGENCY NC Commerce if p� SIGNATURE �X JAN 2 6 2022 DATE 1-26-22 IVP !3;2CTno0 i�;..l,r) North Carolina Departmcntof Envimnmental Qlrality I Division or Coastal Management Elizabeth Clty 0fnce 1 401 South Griffin Street. Suite 300 1 Elizabeth City, Nonit Carolina 27909 2SZ26,43901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director January 26, 2022 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.hodL1aLc e r ,tty SUBJECT; CAMA/Dredge $ Fill Review Applicant: N-Selne Seafood Project Location: 103 Hwy 264 & 104 Log Storage Road, Stumpy Point in Dare County Proposed Project: Reconstruct the existing fish house and docking around.the perimeter of the building located at 103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road 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 February 16, 2022, 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" 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 SArttr� �Uult�atZ RECEIVE® AGENCY SIGNATURE-f_�—N--7___-y—E--2 FEB 4 2022 DATE 2-1S/2Z I �ti North Carollna Department of Environmental Quallty I Division of Coastal Management u Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City, North Carollna 27909 am._W �aan� iJ'� 252.264.3901 Bodnar, Gregg From: Moore, Bill Sent: Wednesday, February 9, 2022 2:07 PM To: Bodnar, Gregg Subject: SW comments on CAMA apps Hey Gregg, The following projects have been reviewed and based on info provided in the CAMA apps, are exempt from sw permts: N-Seine Seafood — Dare County Joseph Powell — Perquimans County Bath Marina — Beaufort County Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 OapirtnMnt of (mnonmmbl Wsb� 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 Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director January 26, 2022 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: 252-2473330 (Courier 04-16-33) g!gg.b Dd nar@ncdenr.gQv SUBJECT: CAMA/Dredge & Fill Review Applicant: NSeine Seafood EC aT'E F E B g 2022 MP SECTION AHD Project Location: 103 Hwy 264 & 104 Log Storage Road, Stumpy Point in Dare County Proposed Project: Reconstruct the existing fish house and docking around the perimeter of the building located at 103 HVdY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road - 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 February 16, 2022. 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" 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 &Ja,-A� W 11t Qrd AGENCY 6a trl 1 A a >ma t Dw�tJ SIGNATURE rWy4 '0 �W45 ice ' DATE t0 • d-O'1-a r enrcnweN..rueemeew� o,pe�mw aee� i"� North Carolina Department of Environmental Quality I Divislonof Coastal Management Elizabeth Clty Office 1401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 RGY 00OPER coverah?, , ELIMFTH 531SER January 26,,2022 FROM. Grew )Wd nariAssislant Major permits Coordinator NC I DE., . -0 . Division Ot CoastalI Magagernortt: 400 Ccrpmerce Ave,, Morehead :6tii..NG28567 a . 0 -V .SUBJECT: CA A & F#f. eyfew Apolltdft-: W"Salne: Seafood Please 103 Hwy 264 & 10.4 Lo Unl* q9toraga-Road,0h PoWtInZarp County building: IbCatbd it. I P1060fis aw-welt:as: Log .Storage Road position or etalillIzAti6wfor the the existing plars and propbrty.lociW at i'04 Oot and If you:have any REPLY.:. This agency bib; nombjection to the pro*t as proposed, *Wdltionaf Comments may be, attached - This. ager" has mcbMtOnt on thezipropo6ed projed This aq 4 dm'y ap'p*roves''o'f.thd lf-theAcomm6nded.cha"ps are: la, 861§ ettedhad This aijandY 0100% to ther.pbjectibr roasoftsIdescdbed in the attached PRINTNANIE-3-1, AGENCY DAM (:�6 N-OyAh-OmUna D4paftebt gFknvlCorlMenWF Qunllty I pl4lsjctn pf Cu ".I Mapappenj. �xm Ombeth.cit . y t. wain 252,2643jOl ROY COOPER Governor ELIZABET14 S, BISER Secretary BRAXTON DAVIS Director January 26, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NG 2855T Fax:252-247-3330 (Courier04-16-33) grcgg.hodna____rCnshcctllLnr 9U SUBJECT: CAMA/Dredge & Fill Review Applicant: N-Seine Seafood Project Location: 103 Hwy 264 &,104 Log Storage Road; Stumpy Point in Dare County Proposed Project: Reconstruct the existing fish house and docking around the perimeter of the building located at 103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization. for the property located at 104 Log Storage Road Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greog`Bodnar at the address above by February 16, 2022. 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"" V 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 a\}C v j2C SIGNATURE j /� DATEL,O 2Z CE'gIVrED F E B 2 1 2022 � North Carolina Department of Environmentalquality l olvislanof(:aastal Management Elizabelh City Offitc I dOlSoiuh Gnffllr Street, Suiic 300I Elizabeth City, North Carolina 27909 1J/ 252,2h43901 ROY COOPER Governor ELIZABETH S. BISER Secretory BPAXTON DAVIS . Director January 26, 2022. 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 (Courier04-16-33) 9WZ-h od n111_@ ncdenr,ggy SUBJECT: CAMA/Dredge & Fill Review Applicant: N-Seine Seafood Project Location: 103 Hwy 264 & 104 Log Storage Road,,Stumpy Point in Dare County Proposed Project: Reconstruct the existing fish house and docking around the perimeter of the building located at.103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road 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 February16, 2022. 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" This agency has no comment on the proposed project. This agency approves of the project only if thesecommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached s�� comments. PRINT NAME -n-, .uv o ta&xN c P P Fes: �Q, y AGENCY w/�� — o e i' a C� t� ED SIGNATURE / F E B 1 7 2022 DATE �a-�^R,�n r g� ft"P SSEC 9 ION tl" D .qAc North Carolina Department of Environmental Quality l Division of Coastal Management _ r Elizabeth City office 1 401 South Griffin Street, Suite300 I Elizabeth City. North Carolina 27909 m+c ^� �� 252.2643901 9 -.. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality ECEVItD MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator F EB 1 7 2022 Division of Coastal Management FROM: Charlan Owen 16P, NE'Disfrict Planner MP SECTION MHD Division of Coa tal Management. SUBJECT: Major Permit Request by N-Seine Seafood / Luke and Trudy Midgett to reconstruct an existing fish house, bulkhead, wooden/concrete walkway and docking facility on the Stumpy Point USACE Channel and Basin at 103 Highway 264, and replace an existing docking facility and riprap revetments and install approximately 1,860 linear feet of new rip rap on the basin, Stumpy Point Bay, and the Pamlico Sound at 104 Log Storage Road, in Stumpy Point, Dare County. DATE: February 17, 2022 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 project area consists of two (2) properties located along the Stumpy Point USACE Channel and Basin: a .16 acre parcel located on an island within the basin at 103 Highway 264 and a 3.98 acre parcel on the east side of the basin at 104 Log Storage Road that also has shoreline along Stump Point Bay and the Pamlico Sound. The .16 acre property has an elevation of 2 to 3 feet above Normal Water Level (NWL) and contains upland vegetation to the north. Water depths around the island range from -6.5 feet to - 8 feet below NWL. The property is located in the AE (4) Floodzone. The 3.98 acre property has a site elevation of approximately 5 feet above NWL, with elevations ranging from 1 feet to 8 feet above NWL. Vegetation consists of trees, shrubs and grasses. The site has an irregular shape, with area to the north connected by a narrow strip to a peninsula to the south. Section 404 Wetlands and Coastal Wetlands are located on the site. An erosion escarpment ranging from 1.5 foot to 5 feet in height is located along the eastern shoreline. Water depths at the northwest side of the property within the basin range from -5.8 to -6.5 feet below NWL. The property is located primarily in the AE (4) Floodzone, with a small area of AE (5) on the peninsula. Existing site improvements on the. 16 acre property consist of a 4,550 sq. ft., one-story, run-down fish house located on the south side of the island. According to Dare County records, the fish house was built in approximately 1940. Existing shoreline improvements consist of a 5 foot 4 inch wide by 50 foot long wooden/concrete walkway that connects the island to the shoreline adjacent North Carolina Department of Environmental Quality l Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 6 to Highway 264, 225 linear feet of failing bulkhead located around three (3) sides of the building, and a docking facility consisting of docks/platforms to the east and south. The 3.98 acre site is unimproved, while existing shoreline improvements include a dilapidated docking facility consisting of 1,075 sq. ft. of docks/finger pier and 760 sq. ft. of plafforms in the basin on the northwest side of the site and rip rap revetment around a portion of the peninsula. No permit history was found for the shoreline improvements. A CAMA General Permit was issued in July 2021 for rip rap installation along the eroded shoreline but the work did not occur. Reconstruction of the existing fish house, bulkhead, wooden/concrete walkway and docking facility on the Stumpy Point USACE Channel and Basin on the .16 acre property at 103 Highway 264, and replacement of the existing docking facility and riprap revetments along with installation of approximately 1,860 linear feet of new rip rap on the basin, Stumpy Point Bay, and the Pamlico Sound on the 3.98 acre property at 104 Log Storage Road are proposed. New riprap sections will have 6 foot or 10 foot wide bases, be between 100 feet and 630 feet in length, and total 1,860 linear feet. The riprap will protect the shoreline along the Pamlico Sound to the east and Stumpy Point Bay to the southwest. Stumpy Point Bay is classified as SA HQW waters and Coastal Waters and is closed to shellfishing at the project area: A review of historic and archaeological resources was not provided. The applicant's narrative indicates that a Submerged Aquatic Vegetation (SAV) survey was conducted in August 2021 and that there was no SAV within the harbor associated with the fish house or near the location of the proposed shoreline stabilization. Anticipated Impacts resulting from this project are expected to include: the filling of .25 acre of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and .22 acre of Estuarine Shoreline AEC, and; the shading of 3,745 sq. ft. of Public Trust/Estuarine Waters AEC and 364 sq. ft. of Estuarine Shoreline AEC. No wetland impacts are proposed. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Community". 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." IV® A glossary of key words is provided on Page 140. Defined terms include: Advocate: to promote or encourage F E B 1 7 2022 Encourage: to favor or foster (also see support Recognize: to show awareness of an issue or condition IIAP SECTION MD North Carolina Department of Environmental Quality I Division of Coastal Management _ 1/ Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 " � �� _ !ll��� 252.2643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 6 Shall: mandatory, not optional; a more formal term for "will" Should: preferred or recommended but not mandatory in all cases Support: tofoster; 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." Land Use Compatibility: Coastal Heritage Policy LUC #1, Page 149. "Dare County recognizes the importance of our coastal village heritage and will continue to work toward the preservation of that heritage with appropriate land use guidelines and regulations." Policy LUC #2, Page 149. "Public sector and private sector development activities should recognize Dare County's coastal heritage and incorporate traits reflective of our heritage in building design and other site features and improvements." Commercial Development Policy LUC #6, Page 154. "Commercial development should be designed to meet the needs of Dare County's unincorporated villages and not to serve as regional commercial centers. The gross floor area limitations of the Dare County Zoning Ordinance and other applicable land use codes shall be used as a tool to manage the footprint of commercial structures. The goal is to manage the size of the commercial structures, which serves as a disincentive for regional commercial centers for location in villages." m DEQ REECEIVED North Carolina Department of Environmental Quality I Division of Coastal M4hW Jt 1 2022 Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City. North Carolina 27909 2522643901 WF 1142 SECTION MIAD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 6 Policy LUC #7, Page 155. "Commercial businesses, regardless of size, should individualize their sites and building designs to reflect Dare County's coastal heritage..." Industrial Development Policy LUC #9, Page 156. "... Boat building, commercial fishing, and construction are recognized as traditional occupations and employment sectors in Dare County that are consistent with our coastal heritage." 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: Estuarine Systems 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 Concerns (AECs) designated under the CAMA program..." 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..." RECEIVED ® �,�.,- North Carolina Department of Environmental Quality I Division ofCoas� na3em7nt 2022 ,J.U> Elizabeth City Omce 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 ��f 2522"3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 6 Policy NH #3, Page 180 and Policy WQ #10, Page 192 "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." Flood Hazards 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..." Water Quality: 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 C SIVED SA classified waters should be developed consistent with the F E B 1 7 2022 ® 1" North Carolina Department of Environmental Quality I Dlvisionof Coastal Management Elizabeth City office 1 401 South Griffin Street, Suite 300 I Elizabeth City. North Carolina 27909 2521643901 NIP SECTION ECqROV`yl MHD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 6 of 6 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." 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..." REECEIVED F E B 1 7 2022 ®rl North Carolina Department of Environmental Quality l Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 rvrnmru xiw 2522643901 Received: 02/02/2022 State Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director January 26, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality ER 22-0387 Due: 2/17/2022 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) erenebo d narOncde rin gov SUBJECT: CAMA/Dredge & Fill Review Applicant: N-Seine Seafood Project Location: 103 Hwy 264 & 104 Log Storage Road, Stumpy Point in Dare County Proposed -Project: Reconstruct the existing fish house and docking around the perimeter of the building located at 103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road Please indicate belowyour agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 16, 2022. 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. PRINT NAME Renee Gledhill -Earley RECEIVED AGENCY State Historic Preservation Office F E B 2 4. 2022 SIGNATURE �"" �"-cl DATE February 24, 2022 WAP SECTION MHD North Carolina Department of Environmental Quality I Division or Coastal Management _pfltfyliDD [lf( j)� Elizabeth City Once 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 25226,4.3901 ROY COOPER Governor ELIZABETH S. BISER Secretary R►CHARD E. ROGERS, JR. Director N-Seine Seafood ATTN: Luke and Trudy Midgett 105 Highway 264 Stumpy Point, North Carolina 27978 NORTH CAROLINA Environmental Quality April 19, 2022 DWR Project # 2022.0136 v1 Dare County Subject APPROVAL OF 401 WATER QUALITY CERTIFICATION N-Seine Seafood - reconstruct the existing fish house and docking around the perimeter of the building located at 103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road Dear Mr. and Mrs. Midgett: Attached hereto is a copy of General Water Quality Certification 4501 issued to N-Seine Seafood dated April 19, 2022. This approval is for the purpose and design described in your CAMA Major Permit application received by the Division of Water Resources (DWR) on January 26, 2022. This certification is associated with the use of Regional General Permit Number 291 once issued to you by the U.S. Army Corps of Engineers. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [I SA NCAC 02H .0507(d) (2)]. The following impacts are hereby approved provided that all of the other specific and general conditions of the Water Quality Certification 4501 are met. No other impacts are approved, including incidental impacts [15A NCAC 02B. 0506(b)(c)]. Type of Impact Amount Approved Amount Approved (units) Plan location/ (units) Temporary Reference Attached Permanent Open Waters OW1- shoreline 0.26 (acres) 0 (acres) DCM Plan Sheets - stabilization Appendix A OW2 - pier/dock 0.09 (acres) 0 (acres) DCM Plan Sheets - shading I I Appendix A This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. RECEIVED 1'`aECEI��/�ES.J APR 2 0, 2022 North Carolina Deparonent of Environmental Quality Division of Water Resources Washington Regional Office - 943 Washington Square Mal -Wa�]N06 f�ob N . H ,AE Q� 252-946-6481 EL f This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of, stream or Wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S.143-215.5j. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htW://www.ncoah.com or by calling the OAH Clerk's Office at (919) 431- . 3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Chris Pullinger at (252) 948-3918 or chris,pullingerCrancdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: Certification of Completion GC 4501 cc: Luke and Trudy Midgett, N-Seine Seafood (via e-mail: officet@nseineseafood.com) Doug Dorman, Atlantic Environmental Consultants (via e-mail: dougdaecC@gmail.com) josh Pelletier, USACE Washington Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Yvonne Carver, DCM WaRO (via e-mail) DWR-Laserfiche r.. r APR 2 0 2022 North Carolina Departrnent of Environmental Quality Division of Water Resources D K Q�� Washington Regional Office- 943 Washington Square Mall - Washington, Nordi Carolina, 27889 rumvuaounn �/ o.�ommu„wna�m000� 252-946-6481 Bodnar, Gregg From: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Thursday, June 2, 2022 3:24 PM To: Bodnar, Gregg Subject: [External] RE: N-Seine Seafood CAUTION:'External email Do not click Imks or open attachments unless you verify Send all suspicious email as an attachment to Repoq Spam. - - Hey Gregg, I should have you the paper work by tomorrow. But in case I don't, the permit number is SAW-2022-00746 and we would include our standard conditions plus the manatee guidelines from the Service. Let me know if you have any questions. Josh From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, June 2, 2022 3:15 PM To: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.army.mil> Subject: [Non-DoD Source] N-Seine Seafood Hey Josh, As you requested I wanted to remind you I will have to issue N-Seine by about noon tomorrow. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G reeR.Bod nar@ ncdenr.eov Find a Field Rep (arcais.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. Regulatory Division SAW-2022-00746 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: RECE ED JUN 6 2022 hld? SECT10N IM XD Reference the application of Mr. Luke Midgett and N-Seine Seafood to reconstruct an existing fish house, 225 linear feet of bulkhead, associated docks, and walkways, as well as install 1,230 linear feet of rip rap revetment, located at 103 Hwy 264 and 104 Log Storage Road, adjacent to Stumpy Point Bay, in Stumpy Point, 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 iJ waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. R, L. C;, P V Y_d JUN 6 2022 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 Wihnington 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—guidelincs.pdf Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, 9"lil PaA&t, 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 RE CEIVr JUN 6 2022 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 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality March 22, 2022 Atlantic Environmental Consultants LLC. Doug Dorman (via email douedaecna.Qmail.com) PO Box 3266 Kitty Hawk, NC 27949 Dear Sirs, This letter is in reference to the application submitted for N-seine Seafood, for a Coastal Area Management Act Major Permit to undertake development activities to a fish house complex and docking facilities, 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 June 4, 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 Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator CE.IIVED MAR 2 3 2022 RUD cSiEECTMN UND North Carolina Department of Environmental Quality l Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 2528082808 From: Bodnar, Greaa To: Dow Dorman Cc: Carver. Yvonne: Godfrey. Ella M Subject: N-seine Seafood Ext Date: Tuesday, Mamh 22, 2022 8:23:00 AM Attachments: N-seine Seafood EXT.odf Morning Doug, Please see above for the extension for N-seine Seafood. Still waiting on DWR and USACE. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar( ncdenr.gov Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. R -CEWD MAR 2 3 2022 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: N-Seine Seafood; Luke & Trudy Midgett 2. LOCATION OF PROJECT SITE: 104 Log Storage Road & 103 Hwy 264, Stumpy Point, Dare County; adjacent Stumpy Point Bay. Latitude: 3504149.30"N Longitude: 75°46'17.96"W Latitude: 35041'54.54"N Longitude:75°46'19.90"W 3. INVESTIGATION TYPE: CAMA & D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 07/28/21; 11/01/21 Was Applicant Present — Yes; No 5. PROCESSING PROCEDURE: Application Received Complete - 01/05/22 6. SITE DESCRIPTION: Office - Elizabeth City (A) Local Land Use Plan — Dare County Land Classification From LUP — SP-C (Special Commercial) (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), (C) Water Dependent: Yes Coastal Shoreline (CS) (D) Intended Use: Commercial & Private (E) Wastewater Treatment: Existing — Offsite treatment facility available Planned - N/A (F) Type of Structures: Existing — Fish House, bulkhead, docks, platforms Planned - Replacement of existing structures & Additional riprap/revetment (G) Estimated Annual Rate of Erosion: 5 feet Source — Application and field observation 7. HABITAT DESCRIPTION: [AREA] nQFnrnGn Ell 1 cm (A) Vegetated Wetlands (404) n/a n/a (B) EW/PTA n/a 10,990 sf 3,745 sf shadin (C) CS n/a 9,450 sf 364 sRECEIV (shading)* :D (D) Total Area Disturbed: 24,549 sf (.56 acres) JAN 2 6 2022 (E) Primary Nursery Area: No DCM-MHD CITY (F) Water Classification: SA/HQW Closed to Shellfish taking 8. PROJECT SUMMARY: The applicants propose to reconstruct the existing fish house, bulkhead, access/walkway and docking around the fish house at 103 Hwy 264; reconstruct piers/platforms along the shoreline at 104 Log Storage Road, and install riprap for shoreline erosion and wetland protection. Field Investigation Report: N-Seine Seafood; Luke & Trudy Midgett Page 2 Proiect Settin The properties of the proposed projects are located at 104 Log Storage Road and 103 Hwy 264 in Stumpy Point, Dare County, and are adjacent Stumpy Point Bay. The existing fish house on Hwy 264 is located adjacent to a Federal Channel. A copy of the USACE map with the Federal Channel depicted is included in the application package. 104 Log Storage Road is prominently a vacant 3.98-acre parcel, with a dilapidated docking system consisting of 1076 square feet (sf) of docks/finger pier and 760 sf of platforms on the west side of the property. The applicant has noted that the approximate elevation of the tract above normal water level (NWL) is 5'. Per Google Earth, the profile elevation on the north end of shoreline starts at 2', transitions to 8' as you head south along the shore, and goes down to 1-2' before crossing over to the peninsula. The elevation on the peninsula ranges from 1-2'. Old road bed/concrete is currently stored on high ground on this tract, and vegetation includes Pine trees, Atlantic cedar, Wax myrtle and indigenous grass. The erosion escarpment along the eastern shoreline traversing south runs from 1-1/2' to T to a 5' in height. Along one area Spartina patens and cedar were observed 16' from NWL on high ground. 404 Wetlands were noted outside of the 75' Area of Environmental Concern (AEC) as you traverse to the western side of the tract, and included Phragmites and cattails. On the peninsula portion of the tract, Coastal Wetland vegetation consisted of Spartina alterniflora, Spartina patens, and Juncus roemerianus. Phragmites were also present. A riprap revetment currently exists around a portion of the peninsula. The shoreline on the south end of the main tract heading around to thewest side is unhardened, and consists of Coastal Wetland vegetation comprised of Spartina alterniflora, Spartina patens, Spartina cynosuroides and Juncus roemerianus. Phragmites is the predominant vegetation immediately landward of the dilapidated docks along the shoreline. The 0.16-acre parcel at 103 Hwy 264 is located on the south side of an island that has been developed with a run-down 4,550t sf one-story fish house (still in use) and 2,007t sf of platforms in the Coastal Shoreline and Estuarine Waters AECs. The elevation of this site ranges from 2-3' above NWL. There is a failing 225 linear -foot bulkhead around three sides of the existing building. The fish house is accessed by a wooden/concrete walkway that connects to the shoreline adjacent U.S. Hwy 264. This accessway is not listed nor shown on the Dare County parcel records as owned by the applicants. The north side of the island is undeveloped and is a vegetated upland area with an unhardened shoreline. No permit history was found in regard to the existing dilapidated dock and platforms on the parcel located at Log Storage Road; Google Earth images show docks in existence in 2/1993, and aerial photography dated 12/01/1989 also depict the dockage in existence. The applicant has reported that up to 10 "wet slips" exists along these docks, and provide an offloading area for local commercial fishing vessels. According to Dare County tax records, the existing fish house at 103 Hwy 264 was built approximately in 1940. A general permit was issued for riprap of the eroded shoreline on the Log Storage Road parcel last July; however, work did not transpire. RECEIVED JAN 2 6 2022 DCM-MHD CITY Field Investigation Report: N-Seine Seafood; Luke & Trudy Midgett Page 3 The riparian property to the north of the 104 Log Storage Road is owned and operated by the NC Department of Transportation Ferry System. The northwest riparian property is vacant land owned by Dare County, and is developed with a dock along the shoreline. The riparian property immediately to the north of the old fish house at 103 Hwy 264 is undeveloped high ground associated with commercial property located across the harbor. The next property south along U.S. Hwy 264 is owned by the applicants, Luke and Trudy Midgett, and is a commercial seafood business developed with a warehouse, dock and bulkhead. The water classifications for Stumpy Point Bay and the connecting waterbody of Pamlico Sound,are SA and HQW. The project area is closed to shellfishing. The adjacent waterbodies are designated as Coastal Waters and are in the Pasquotank River Basin. The water depths near the dockage along the tract on Log Storage Road ranged from -5.8 to - 6.5 NWL. The water depths around the fish house ranged from -6.5' to -8' NWL. Development Proposal The applicants propose to reconstruct the wood frame walkway (with concrete decking), the fish house building, docks with tie pilings, and failing bulkhead at 103 Hwy 264. There are no plans for expansion during the replacement of the fish house, and new concrete flooring will be installed in locations that have failed. All work proposed will stay within the existing footprint, and the impervious/built-upon surfaces in the Coastal Shoreline AEC will not change from the current 65%. The existing docks/platforms will be rebuilt along the south and east sides of the building. • Fish House = 4,550t sf (75' x 60') • Bulkhead replaced 2' waterward of existing walls around fish house = 225 linear feet Oft)- • Docks/platforms = 2,007i sf (12'-14' x 75', 1 Tx 40', 17' x 36') • Accesstwalkway = 270 sf (50' x 5'4") Development proposed at 104 Log Storage Road will consist of the replacement of the existing docks/platforms/finger pier on the western shoreline, riprap revetments waterward of existing wetland vegetation along the southern shoreline and around the peninsula, a riprap alignment along the eastern shoreline (with backfill landward of NWL) to prevent further erosion to uplands, and a riprap alignment on the east side of the peninsula. • Platforms = 760 sf (20' x 20' and 12' x 30') o It is noted that out of the 400 sf platform, 11' x 20' will cross over 404 wetland vegetation to high ground. Out of the 360 sf platform, 12' x 12' will cross over 404 wetland vegetation to high ground. • 3 docks/piers connecting to platforms = 1,056 sf (6' x 40', 6' x 74' and 6' x 62') • Finger pier = 16 sf that will connect to northern section of dock and bulkhead cap on Dare County property. (2'x8') • Riprap revetment for wetland protection = 2700 sf (350' x 6' and 100' x 6'). • Riprap for shoreline protection (non -wetland) = 7800 sf (630' x 10;.and-lMJ?) JAN 26 2022 DCM-MHD CITY Field Investigation Report: N-Seine Seafood; Luke & Trudy Midgett Page 4 Anticipated Impacts Estuarine Waters/Public Trust Area • The replacement docks, piers, platforms and access/Walkway will shade approximately 3,745 sf of open water habitat. It is noted that sf proposed is a replacement in same footprint. • Shallow water habitat = 10,990 sf o Backfilling of the replacement bulkhead will fill 490 sf. o Rip rap revetment for wetland protection will fill 2700 sf. o Riprap (non -wetland) will fill 7800 sf. • Coastal Shoreline AEC = 9,814 sf o Wooden, slatted platforms associated with shoreline dock replacement will shade 364 sf of 404 wetlands and uplands. o Upland backfill for 630 Ift of riprap proposed = 9,45Of o No additional fill or coverage is proposed for the replacement fish house. Submitted by: Yvonne Carver Date prepared: 01/20/22 RECEIVED JAN 2 6 2022 DCM-MHD CITY PROJECT NARRATIVE Midgett CAMA Major Permit January 4, 2022 Project Description: The subject properties are located at 104 Log Storage Road and 103 Hwy 264 in the Stumpy Point, Dare County, North Carolina adjacent to Stumpy Point Bay and the Pamlico Sound. The purpose of the proposed project is to re -construct the existing fish house building and docking around the perimeter of the building located a 103 Hwy 264. The additional work includes re -construction of the existing piers and platforms as well as shoreline stabilization for the parcel located at 104 Log Storage Road. The proposed improvements at 103 Hwy 264 include the re -construction of the 4,550 square foot fish house building, 2,007 square feet of wood docking and the failing 225 feet of bulkhead around the perimeter of the existing building. The proposed improvements at 104 Log Storage Road include the replacement of the existing 1,056 square feet of docks and 760 square feet of platforms. In addition, 780 feet of rip -rap and 450 of rip -rap revetment is proposed at several locations along the shoreline of the peninsula that provides protection of the Stumpy Point Harbor. Existina Shoreline Protection: Existing rip-rap....................................................................... 400 Ln.ft. Existing bulkhead (fish house) ...................................................225 Ln.ft. Existina Fish House To Be Re -Built: Existing building..................................................................... 4,550 sf Existing concrete walkway..........................................................270 sf Existina Fish House Docks To Be Re -Built: Existing dock section 12'-14'x75.................................................. 955 sf Existing dock section 11'x40'...................................................... 440 sf Totalexisting dock area ......................................................... Existina Docks/Platforms To Be Re -Built: Existing platform 12'x30'............................................................ 360 sf Existina platform 20'x20'............................................................ 400 sf Total existing platform area ...................................................,.. 760 sf Existing finger pier 2'x8................................................................ 16 sf Existing dock 6'x40'................................................................... 240 sf Existing dock 6'x74.................................................................... 444 sf Total existing dock & finger pier area ...................................... RECEIVED JAN 2 6 2022 DCM-MHD CITY Proposed Shoreline Protection: Bulkhead to be replaced (fish house).........................................225 Ln.ft. Proposedrip-rap....................................................................780 Ln.ft. Proposed rip -rap revetment..................................................... 450 Ln.ft. Fish House Construction Sequence: The existing fish house roof will be removed and areas of the concrete floor that have failed. The new bulkhead will be installed around the perimeter of the building and backfilled. A new concrete floor will be installed at failed locations and any interior walls reconstructed prior to the new roof installation. The docks and elevated concrete walkway will be reconstructed in the same location. Submeraed Aquatic Vegetation (SAV) Analysis: An SAV (subaquatic vegetation) survey was conducted on August 13, 2021 by Doug Dorman of Atlantic Environmental Consultants, LLC. There was no SAV within the harbor associated with the fish house or near the location of the proposed shoreline stabilization at 104 Log Storage Road. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED JAN 2 6 2022 DCM-MHD CITY STUMPY POINT AREA PROHIBITED TERR ITORY Area H-3 (Map 10) (Prohibited areas are hatched) COUNTY: DARE i Stilmpy Point Lake Worth Area :on Drain Point AreaLOW ... . • , � Worth'.., r 6 ; i ( Old Point i i H-3 a; no N Designated 9 A-� identifier Shellfish Harvesting If boundary Areas Prohibited boundary H-a Areas area r r Yt t i locator map I "- - '•' ' i I u 1 NADB3 NC Slate Plane 1 1 RECEIVE 1 Sandy Point 0 600 1200 Yards 1 1 JAN 26 202 Map 10 AREA =46WIIY ^, o 15 Carver, Yvonne From: Doug Dorman <dougdaec@gmail.com> Sent Friday, July 30, 2021 7:32 AM To: Carver, Yvonne Subject [External] Fwd: [Non-DoD Source] Fwd: CAMA. Major CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Yvonne, Below is Raleigh Blands response about work in or near a federal chanell. Doug ---------- Forwarded message -------- From: Bland, Raleigh W CIV CESAW CESAD (USA) <Raleigh. W.Bland@usace.armv.mil> Date: Fri, 30 Jul 2021 at 07:28 Subject: RE: [Non-DoD Source] Fwd: CAMA Major To: Doug Dorman <dougdaec c(�r.gmail.com> If it is a Major CAMA permit application then it will be reviewed through the federal review process and any channel issues will be addressed, or if it is a general permit, then you must provide maps and consult with our Navigation Section. Either way you will need to provide a map with the Federal Channel depicted and they are available on the District Website. Federal Consistency Determinations only apply to projects conducted on federal lands with public funding or when the applicant is a Federal Agency. Thanks! RECEIVED JAN 2 b 2022 DCM-MHD CITY Raleigh W. Bland, SPWS Regulatory Project Manager US Army Corps of Engineers Washington Regulatory.Field Office 2407 W. 5th Street Washington, NC 27889 Phone: (910) 251-4564 Email: Raleigh.w.bland�ausace.armv.mil From: Doug Dorman <dougd� aecngmail.com> Sent: Thursday, July 29, 2021 4:24 PM To: Bland, Raleigh W CIV CESAW CESAD (USA)<Raleigh.W.Bland@usace.armv.mil> Subject: [Non-DoD Source] Fwd: CAMA Major Hi Raleigh, Hope all is well with you. I have a project in Stumpy Point to rebuild an old fish house and the project is adjacent to the federal chanell. This is only to re -construct a building and docks with no dredging proposed. Do you know if there are any potential issues from the federal side because it's adjacent to the federal chanell? Will it require a federal consistency review as part of the CAMA major permit process? Thanks, Doug RECEIVED JAN 2 6 2022 DCM-MHD CITY areel Data Tax Bill Pay Tax Bill Tax Certification GIS Ouick Links ounty of Dare, North Carolina -owner and Pareel information is based on current data on file and was last updated on September 24 2021 Primary (100%) Owner Information: MIDGETT, LUKE DB/A N-SEINE SEAFOOD 105 HWY 264 STUMPY POINT NC 27978 Parcel Information: Parcel: 023989000 PIN: 975216841 District: 16- STUMPY POINT Subdivision: SUBDIVISION - NOD LotBlkSect: LOT: BLK: SEC: Multiple Lots: - PlatCabSlide: PL: SL: Units: 0 Deed Date: 04/15/2020 BkPg: 2369/0270 Parcel Status: ACTIVE Property Use: WHOLESALE DISTRIBUTION BUILDING USE & FEATURES Building Use: Exterior Walls: Full Baths: Bedrooms: Heat -Fuel: Heat -Type: Air Conditioning: MISCELLANEOUS USE LIINI)XIMJI Land Description 023989-000 16-975216-005 05/11 Tax Year Blde Value: $7,500 RETAIL SINGLE OCCUP Half Baths: Tax Year Mise Value: $0 103 HWY 264 Next Year Bid> Value: S7,500 Actual Year Built: 1940 Finished sqft for building 1: 4550 Total Finished SgFt for all bldgs: 4550 Next Year Misc Value: $0 Tax Year Land Value: $36,300Next Year Land Value: $36,300 16-Commercial Other Water Fmt TOTAL LAND AREA: 7000.00 square feet Tax Year Total --Value: $43,800 *Values shown are on file as of September 24 2021 Next Year Total Value: $43,800 RECEIVED JAN 2 6 2022 DCM-MHD C/7-y Parcel Data Tax Bill Pay Tax Bill Tax Certification GIS Quick Links County of Dare, North Carolina *Owner and Parcel information is based on current data on file and was last updated on September 24 2021 Primary (100%) Owner Information: MIDGETT, JONATHAN LUKE EUX MIDGETT, TRUDY R EUX 184 BAYVIEW DR STUMPY POINT NC 27978 Parcel Information: Parcel: 023990000 PIN: 97521684338 District: 16- STUMPY POINT .77 ITWXIM47 Subdivision: SUBDIVISION - NONE f r LotBlkSect: LOT: BLK: SEC: Multiple Lots: - PlatCabSlide: PL: A SL: 392 Units: 0 I Deed Date: 12/07/2016 r t r t r BkPg: 2137/0284 Parcel Status: ACTIVE Property Use: SECONDARY 104 LOG STORAGE RD IMPROVEMENT BUILDING USE & FEATURES Building Use: Exterior Walls: Full Baths: Bedrooms: Heat -Fuel: Tax Year Bide Value: $0 Half Baths: Next Year Blde Value: $0 Actual Year Built: Heat -Type: Finished sqft for building 1: Air Conditioning: Total Finished SgFt for all bldgs: 0 MISCELLANEOUS Tax Year Mise Value: $12,300 Next Year Misc USE Value: $12,300/ Misc Bldg a: (RD2) MED. WD. DOCK WD. GIRDERS BOLT Year 1_ tl� ti� ' ^ 2 / 113 Built: 2010 sqft: 1320 C e = y k- LAND USE Tax Year Land Next Year Land Value: $272,300 Value: $246,500 Land Description : 16-Commercial Other Water Fmt TOTAL LAND AREA: 3.98 acres Tax Year Total Next Year Total �- Value: $284,600 Value: $258,800 *Values shown are on file as of Seplember 24 2021 RECE/VED j4 N 2 6 207.2 seine Seafood, Stumpy Point, Seine Seafood, Stumpy Point Seine Seafood. Stumpy Point. �eme Seafood. SL,mpy ncint, Seine Seafood, Stumpy Point, wa Seine Seafood, Stumpy Point, Seine Seafood, Stumpy Point, Seine Seafood, Stumpy Point, Seine Seafood, Stumpy Point, Seine Seafood, Stumpy Point, ALAW W''q- -101fit. � � Y � seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, Leine Seafood, Stumpy Point, ieine Seafood, Stumpy Point, r! low seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, OVAL ' at 7 ��. seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, seine Seafood, Stumpy Point. r seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, 110 seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, 1 seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, seine Seafood, Stumpy Point, I rR,k t; ielne Seafood, Stumpy Point. seine Seafood, Stumpy Point, ieirye�$gafood, Stumpy Point ti V 262022 DDM MHD C17y ;sine Seafood, Stumpy Point, e�L ;eine Seafood, Stumpy Point, :sine Seafood, Stumpy Point, ;sine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, W41, ! Y ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;sine Seafood, Stumpy Point, {fit f i f ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point,; ;eine Seafood, Stumpy Point, .J.i R ieme Seafood, Stumpy Point. j! n• ` ;eine Seafood, Stumpy Point, � R A ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, it ;,..�.t�,:.Y✓— .'r.+ [.j , � FYt I! a ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, R.. r, `1I , llwRV mam .. h I k, . iw ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point. ;eine Seafood, Stumpy Point ;eine Seafood, Stumpy Point, Ile ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;elne Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, JA N 2 6 2022 DCM-MHD CITY 14" 1 q— 1110M q 11V 000 ;eine Seafood, Stumpy Point, ieine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point 4W ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ietne Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, Al ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, rw Wine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, ;eine Seafood, Stumpy Point, RECEIVED JAN 2 6 2022 DCM-MHD CITY 7/z8"i�� V,l JAN 2 6 2022 j lop iLL v Aw 9 m I JAN 26 2022 DCM-MHD CITY c K CEIVED aN 2 6 2022 DCM-MHD CITY NOTI(O"$117A mw cc CAIVIA PERMIT APPLIED FOR PROJECT: Reconstruct the existing fish house and docking around the perimeter of the building located at 103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road vv�viivl�i'v t J ti'vVC1-' i �L APPLICANT: N-Seine Seafood c/o Luke S Trudy Midgett 105 HWY 264 Stumpy Point, NC 27978 252-475-8817 i r7 ti lJ U la ri _ February f9, 2022 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Yvonne Carver 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 237 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director January 25, 2022 N-Seine Seafood c/o Luke & Trudy Midgett 105 HWY 264 Stumpy Point, NC 27978 Dear Mr. & Mrs. Midgett: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval to reconstruct the existing fish house and docking around the perimeter of the building located at 103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road, Stumpy Point in Dare County. It was received complete January 5, 2022, and appears to be adequate for processing at this time. The projected deadline for making a decision March 21, 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 January 5, 2022, 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 l 13A-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 r be of te�dD at the property of your proposed development. You should post this notice at a con Pvf JAN 2 6 2022 DCM-MHD CITY _E 0-62 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City. North Carolina 27909 252.264.3901 v.x ` N-Seine Seafood c/o Luke & Trudy Midgett January 25, 2022 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 Yvonne Carver, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Ron Re District Manager, Northeastern District NC Division of Coastal Management =i Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Yvonne Carver, Field Representative, DCM Doug Dorman. Atlantic Environmental Consultants, LLC, Agent, Kitty Hawk, NC RECEIVED JAN 2 6 2022 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Direcmr EMAIL MEMORANDUM NORTH CAROLINA Environmental Qualify TO: Theresa Schneider The Coastland Times Manteo, NC 27954 IegalsPthearisttandtimes.com FROM: Ella Godfrey DATE: January 25, 2022 SUBJECT: Public Notice: N-Seine Seafood Please publish the attached Notice in the Sunday, January 30, 2022, 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, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File RECEIVED JAN 2 6 2022 DCM-MHD CITY EQ� 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 nY11I(NttT/N 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 01/05/22. N-Seine Seafood, proposes to reconstruct the existing fish house and docking around the perimeter of the building located at 103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road, Stumpy Point 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 02/19122, 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, January 30, 2022 RECEIVED JAN 26 2022 DCM-MHD CITY North Carolina Department of Environmental Quality 1 Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Catollna 27909 252.2643901 """Thls Is a word processing form to be completed In Microsoft Word"* NC Division of Coastal Management Major Permit Application Computer Sheet (11/01)2012) Applicant: N-Seine Seafood; Luke & Trudy Midgett Date: 012022 Project Site County - Dare Staff. Yvonne Carver District Ugelizabeth City ❑Morehead City ❑ Washinglon []Wilmington Project Name: Replacement of Fish House; Shoreline Protection Latitude: 35041'49.300N,,* 35"41'54.54 N Longitude: 75"46'17.96"W; 75046'19.90WY Date of initial application submittal (EX 118/2007): 0923/2f Date application "received as complete" in the Field office (EX: 1/li/2007): 01/0522 Permit Authorization: ❑CAMA ❑Dredge & Fill MBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes ZNo Photos Taken: Yes 0 NoD Setback Required (riparian): ED Yes ONO Critical Habitat U Yes ZNo OlVotSure 15 foot waiver obtained: Yes No; Hazard Notification Returned: Notice sent to consultant to document ❑ Yes ®No requirement SAV. Yes ZNo ❑Not Sure Shell Bottom: Yes WNo Not Sure Temporarylmpacts. Yes No Sandbags: ❑Yes ONo Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP: ®Yes []No []Yes ®No Moratorium Conditions. ❑ Yes No Environmental Assessment Done: ❑NA ❑Yes ❑No ONA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDS IMPACTED (404) Corp, of Engineers (Jurisdictional (LS) Sea lavender (Lfmonium sp.) (SS) Glasswolt ( Salfoomis sp.) wetlands) El (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina attemiflora) cynosuroldes) IDS) Salt or spike grass (Disfichlis (SC) Bullrush orthree square (Scirpus (1Y) Cattail (Typha sp.) spicata) SO (JR) Black needlerush (Juncus ❑ (SP) Sait/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required -$0.00 ❑ Ill(A) Private w/D&F up to 1 acre; 3490 can be applied - $250 III(D) Pdv. public or comm w/D&F to 1 acre; 3490 can't be applied - $400 Minor Modification to a CA MA Major 0 Major Modification to a CAMA Major IV Any development involving D&F of than 1 acre - $475 permit - $100 permit - $250 more Permit Transfer- $100 III(B) Public orComm erclal w/D&F to 1 Express Permit $$2000 acre; 3490 can be applied - $400 ❑ Major development extension request - rf 11. Public or commercial/no dredge $100 and/or rill -.$400 1. Private no dredge and/or fill - $250 Ill (C) Pr v. public or comm w /D&F to f greement-$4001ied;OCMneeds RECEIVED DWQ agreement 252-808.2808 :: 1-888.411COAST :: www.nccoaetalmanag_emen4net JAN 26 2022revised: Nov. 2012 DCM-MHD CITY NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant., N-Seine Seafood; Luke & Trudy Midgett Date: 0112022 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code shoot. TYPE REPLACE Activity Name Number C oose ChDoloose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One Fish House I New Works) Replace 75 60 Maint ❑ ® Y ❑ N Bulkhead I New work Replace 225 1 Maint ❑ ® Y ❑ N 2 Dock I New work 0 Replace 12.73 75 (Platform) Maint ❑ N Y ❑ N Dock I New Work Replace 11 40 (Platform) Maint ❑ ® Y ❑ N Dock ] New Work Replace 17 36 (Platform) Maint ❑ ® Y ❑ N Access ] Now Wotk Replace 50 5.4 Walkway Maint ❑ ® Y ❑ N (non -pier) Platform ] New Work 0 Replace 20 20 Maint ❑ M Y ❑ N Platform 1 New Work M Replace 30 12 Maint ❑ ® Y ❑ N Pier/dock I New work N Replace 6 40 Maint ❑ M Y ❑ N Pier/dock I New Work Replace 6 74 Maint ❑ ® Y ❑ N Pier/dock I New Work Z Replace 6 62 Maint ❑ ® Y ❑ N Finger pier I New work ® Replace 8 2 Maint ❑ M Y ❑ N Riprap I New Work Replace 350 6 revetment Maint ❑ ❑ Y ® N Riprap I New work Replace 100 6 revetment Maint ❑ ❑ Y ® N Riprap I New Work Replace 630 10 Maint ❑ ❑ Y ® N Riprap I New Work® Replace 150 10 Maint ❑ ❑ Y ® N New Work Replace Mainf ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N Now Work Replace Maint ❑ ❑ Y ❑ N RECEIVED NewWoikrT Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N vVlvl-lvll lu hvAN NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: N-Seine Seafood. Luke & Trudy Midgett Date: 0120W Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet, Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or tamp Impact amoun) TOTAL Feet (Applied for. Disturbance total includes anyanticipated restoration or tamp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restorationandror temp impact amount OW Dredge ❑ Fill ❑ Both ❑ Other ® 3745 3745 SB Dredge ❑ Fill ® Both ❑ Other ❑ 10990 10990 SH Dredge ❑ Fill ® Both ❑ Other ❑ 9450 9450 SH Dredge ❑ Fill ❑ Both ❑ Other M 364 364 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED JAN 2 6 2022 DCM-MHD CITY 252-808.2608 :: 1.888.4RCOAST :: www.nccoastalmanagament.net. revised: Nov. 2012 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director January 26, 2022 MEMORANDUM: NORTH CAROLINA Fnvironmentol 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) Cie e. b o d n a r@ n cd e n r,go SUBJECT: CAMA/Dredge & Fill Review Applicant: N-Seine Seafood Project Location: 103 Hwy 264 & 104 Log Storage Road, Stumpy Point In Dare County Proposed Project: Reconstruct the existing fish house and docking around the perimeter of the building located at 103 HWY 264 and reconstruct the existing piers and platforms as well as shoreline stabilization for the property located at 104 Log Storage Road Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greau Bodnar at the address above by February 16, 2022. 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" 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 RECEIVED JAN 2 6 2022 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Q Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 -T,(NYM i`A 252.264.3901 DCM Coordinator: Greg Bodnar Distributed Yes® No O Applicant: N-Seine Seafood Distribution Date:1/26/2022 AGENCY ECRO Community Development/LPO Donna Creef DCM Planner Charlan Owens Elix City US COE: Josh Pelletier Lee Padrick (Beaufort Carteret Craven, ElirCity, Community Assistance Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water supply) Of Whitfield Marine Fisheries James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Mike Moser State Property Wanda Hillard DEM LR/DW R: Sheri Montalvo DEMLR Sediment & Erosion- Samir Dumpor Storm water - RogerThorpe DWR 401- Chris Pullinger WRC Maria Dunn (WARD) National Heritage Program Rodney Butler RECEIVED JAN 2 6 2022 DCM-MHD CITY Revised: 6/29/2018 NC Division of Coastal Management Cashier's Official Receipt 15149(�XII C D Recelved From: Permit No.: t Y`�d'tn s f� 't6f� c Applicant's Name: -- 1 r i i d G¢ �✓✓✓� �' S e S 5 4a-1'p� d Prolect Address: r I--) r T w Date: %u 16 20 $ y6s.b/ Check No.: County: Please retain receipt for your records as proof of payment for permit Issued. Signature of Agent or 'Z 9 g Applicant: Signature of Field Representative: �$Mtjn= Date: Date: 3 2 RECEIVED AN 2 6 2022 DCM-MHD C17-y VIAJOR PERMIT FEE MATRIX _applicant: Luke & Trudv Mideett: N-Seine Seafood Selection Development T7not Fee DCM % DWQ % (14300 16014351000931625 6253) (243001602 435100095 2341) I. Private, non-commercial development that do$250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial 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: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4175 (See attached can be a lied: III(B). Public or commercial ® development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4175 (See attached) can be applied: III(C). If General Water Ei Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: "'`'cJVED 'AN 2 6 2022 DCM_MHD C17-V AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Property Legal Description: DEED BOOK: 2137 PAGE NO: 284 PINNO.: 975216943380 /03 PROPERTY STREET ADRESS: , h84 Hwy 264 & 104 log Storage Road Stumpy Point, NC 27978 Please Print: Property Owner: Luke Midgett Property Owner: Frady i_�,idaett The undersigned properly owners of the above noted property, so hereby authorize Doug Doman of Atlantic Environmental Consultants LLC to, (Contractor/Agent) (Name of consulting firm) I. Acton 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): . 184 Bavview Drive Stumpy Point, NC 27978 Property Owners Telephone Number: 252-475-8817 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. RECEIVED Authoriked Si tune and Title JAN 2 6 Date: �7 J 2�22 DCM-MHD CITY ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC September 17, 2021 Brian Doliber NCDOT Ferry Division Environmental Program Supervisor 159 Lucinda Lane Powells Point, NC 27966 Dear Mr. Doliber, This notification letter is in reference to the Midgett's proposed project is to re -construct the existing fish house building and docking around the perimeter of the building located a 105 Hwy 264. The additional work includes re -construction of the piers and platforms as well as shoreline stabilization for the parcel located at 104 Log Storage Road. 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. The attached drawings and applications show in detail the proposed work. 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 dougdaec Q_{,amail.com. Sincerely, � oug orman Atlantic Environmental Consultants, LLC SEP 2 3 2021 DW -r-C RECEIVED JAN 2 6 2022 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 NOTIFICATIONIWAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner Luke Midgelt Address of Property: 104 Log Storage Road, Stumpy Point NC 27978 Mailing Address of ownsr: 184 Bayview Drive. Stumpy Point, NC 27978 Owner's email: ofce@nseineseafood.com Owner's Phone#. 252-475-8817 Agent's Name: Agent's Email: Dorman dougdaec@gmail.com Agent Phone#: 252-599-2603 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent 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 90 I DO NOT have objections to this proposal. I DO 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) 254-3901. 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 riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Ow Typed/Printed name of ARPO: NCDOT - Brian Doliber Mailing Address of ARPO: 159 Lucinda Lane, Powells Point, NC 27966 ARPO's small: bcdollber@ncdot.goy ARPO's Phone#: 252-232-8025 Date: 09/17121 %valver Is valid for up to one year from ARPO's Signature' Revised July 2021 RECEIVED JAN 2 6 2022 DCM-MHD CITY DATE: 01/21/22 NAME: Dare County Manager- Bobby Outten ADDRESS: PO Box 1000 .�,81VD CITY: Manteo ST NC Zip 27954 FED - 3 2022 RE: N-Seine Seafood �. n n r� /"� {PROJECT NAME} t CM-EE; To Whom It May Concern: This correspondence is to notify you as a riparian property owner that N Seine Seafood-Midgett is applying for {Insert propirly owner name or company} a CAMA Major permit to place and/or re on property located at 104 Log Storage Road & 103 docks and fish house. which is adjacent to your property. Acopy.ofthe_application.and,projectd objections to the proposed activity, please mark the appropriate statement Environmental Point, North Carolina return to: LLC as soon as possible. If you have no If no comments are received within 30 C6i of receipt of.tEli notice,1t will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project, '� please do not hesitate to contact me at 252-599-2603 {Insertphone,numtiey) or the Division of Coastal Management at252- 264.3901. Sincerely, Doug Dorman INSERT-*W i A 1 have no objection to the project as described. I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must beset back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must sign the appropriate blank below/.)')/_ I do wish to waive the 15' setback requirement. do not wish to waive the 15' setback requirement. Print Name Signat re of Adjacent Property Owner REU�9'VriJ Dale C�U'jjcv�✓.�tl[.rz..e, �o� ZS2 �17�' ��r1 Mailing Address and/or Email Address F E B 3 2022 Phone Number MP SECTION MHD ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC 27949 September 17, 2021 County Manager Bobby Outten PO Box 1000 Manteo, NC 27954 Dear Mr. Outten, CERTIFIED MAIL RETURN RECEIPT REQUESTED SEP 2 3 h'. This notification letter is in reference to the Midgett's proposed project is to re -construct the existing fish house building and docking around the perimeter of the building located a 105 Hwy 264. The additional work includes re -construction of the piers and platforms as well as shoreline stabilization for the parcel located at 104 Log Storage Road. 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. The attached drawings and applications show in detail the proposed work. 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@gmail.com. Sincerely, Doug Dorman Atlantic Environmental Consultants, LLC RECEIVED JAN 2 6 2022 DCM-MHD CITY Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com USPS.com® -, USPS Tmcking® Results https://tools.usps.com/go/TrackConfirmActionRRef=fullpage&tLc=2... USPS Tracking® FAQs > Track Another Package Tracking Number: 70203160000125229671 Remove X Your item was delivered to an individual at the address at 12:54 pm on September 23, 2021 in MANNS HARBOR, NC 27953. OV Delivered, Left with Individual September 23, 2021 at 12:54 pm MANNS HARBOR, NC 27953 - o. v m Get Updates x Text & Email Updates Tracking History n September 23,2021,12:54 pm Delivered, Left with Individual MANNS HARBOR, NC 27953 Your item was delivered to an individual at the address at 12:54 pm on September 23, 2021 in MANNS HARBOR, INC 27953. September 23, 2021, 8:51 am Out for Delivery STUMPY POINT, NC 27978 September 23, 2021, 8:40 am Arrived at Post Office 1 of 2 RECEIVED JAN 2 6 2022 DCM-MHD CITY 12/29/2021, 1:50 PM ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC 27949 September 17, 2021 Robert & Noami Midgett 178 Bayview Drive Stumpy Point, NC 27978 Dear Mr. Midgett, This notification letter is in reference to the Midgett's proposed project is to re -construct the existing fish house building and docking around the perimeter of the building located a 105 Hwy 264. The additional work includes re -construction of the piers and platforms as well as shoreline stabilization for the parcel located at 104 Log Storage Road. 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. The attached drawings and applications show in detail the proposed work. 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 dougdacc(iilgmail.com. Sincerely, j Doug Dorman SLl' 2 3 2021 Atlantic Environmental Consultants, LLC RECEIVED JAN 2 6 2022 DCM-MHD CITY Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com Complete Items 1, 2, and 3. A. 1 Print your name and address on the reverse X so that we can return the card to you. Attach this card to the back of the mallplece, a' or on the front if space permits. gUISsF4 4- A' QN%i A %CY_dTi �rvIKiO PC7:,u� N� 797e 3. III'lllll'lll�llllllll IIIIIIIIIIIIIIIIIIIII ° 9590 9402 6361 0296 8619 18 13 ❑ Agent Is delivery address different from Item 17 ❑ yes If YES, enter delivery address below: ❑ No HC1/2921 ❑ orityMal Express.. b 4egist.ol Mall- d Delivery - D ffeglanned Mall Resldoled Delivery Dedvery (3 si'aahao Ccnlhmeeonm" ❑ Cdlw on Dalrvery ❑ Signature Cono radon AtliSb Number (frenehravm servxs.f a.n— °I Iaot nne,vory Reauicted calivary Restricted Delivery Mail ?020 3160 0001 2522 9671 :reared Man Rmuncted Delivery r (over WO) IS Form 3811. July 2020 PSN 7530-02.)00.2053 Domestic Return Receipt - e Complete Items 1, 2, and 3. a Print your name and address on the reverse so that we can return the card to you. t Attach this card to the back of the mallpiece, or on the front If space permits. . Alicia Addressed to: a902E L-Ci y P�14�93GE�- (qe>ii oUT�n) PC ilge)tk- IOW A49tvI� i. /I 2� yS-So IIIIIII I'll I'IIIIII III IIIIIIIIIII III lllll 9590 9402 6345 0296 2443 55 '. Article Number (lFanshrJromsenice kbe 120 3160 0001 2522 9602 is Form 3811, July 2020 PSN 7530-02-000-9053 t Cotnplet6ltems 1, g, and 3. I Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mailpiece, or on the front If space permits. Article Addressed to: ily 1 5 9 LUCin7i } LN }�vwEti,s Po' 2 N� ❑ Agent ❑ Addre D, Is deliveryaddress different from Rem 14 ❑ Yes If YES, an{{pe(/delivery address below: ❑ No DEC 1 ; 2021 Service type ❑ No* Mall Express® AdullSignalure ❑ Roglstwer�gdd Melt'"' AQQ��IISlgneture fleem-v.�)W Ike{very' ❑gagulenea Mall Resldcted Lertilied Meier 1-1 1 Dellvety 1 call-- rAlwor called on nsuredF4 DomMlk Return Realpt I A Sl tare - �ryJ,y ❑ Agent B.Received by TntidNeme) C. Date of Dell ,tQliefl ( /AI-)f 0.' Is delivery eddress di femnt from ItemY7 ❑ Yes If YES, enter delivery address below: ❑ No It I w . ...-. .-.-, i V II DEC 1 7 2021 7 %40 3. Service Type D Priority Mall Express® II I �IIIII ll II III I IIII II l l I III III I I I III I I I I l II l 9590 9402 6345 0296 2441 33 ed oetmery O D certlfiad Mall Restricted Ddl ery ❑ collect on Dori, ro iaMa�re[Remu 7 Rerea u Restricted°�dM; ❑ Signature Confi matlon^ ❑ signature Confirmation '. Article Number(Ransler from service label) 7020 3160 0001 2522 9619 ❑Collect on Delivery restricted Delivery —' livred Mat =,Mdl Restricted D.IWy Restricted Delivery I8 Form 3811, JDIy 21120 PSN 7630-02-000-9053 Domestic Return Receipt i RECEIVED IAN 2 6 2022 DCM-MHD CITY `;) APPROVED O DARE COUNTY `A-% LANDTRANSFERT XA\`,a. and return to: 9NOR, Attorney at Law PO Box 9K' Belhaven, k 27810 Recorded: 04/15/2020 04:14:36 PM BY: TGNI MIDGETT Cheryl L. House, Register of Deeds Dare County, NC Fee Amt $26.00 NC Excise Tax. $124.09 BOOK 2369 PAGE 270 (3) 700076709 DARE p� REAL ESTATE COUNTY TRANSFER TAX LT herein conveyed is not the primary residence of a Grantor. TAX PARCEL: T ('� 023989000 TAX PIN: 975216-84-1773 s r- "- — ,11- EE TRANSFERTAX: $620.00 REVENUE STAMPS: $124.00 �j SEP 2 3tutl STATE OF NORTH CAR�EdNA D CM� ' m' COUNTY OF DARE YA. WARRANTY DEED THIS DEED made and iltered into this 4eulL day of April 2020 by and between JANES D. NICHOLAS and wife jJUNE C. NICHOLAS, 11101 Cedar Lane, Kingsville, Maryland 21087, hereinafter refe�� to as GRANTORS; to LUKE MIDGETT, DBA N- SEINE SEAFOOD, 105 Hwy 264, mpy Point NC 27978, hereinafter referred to as GRANTEE. - WIT13-)1:SSETH: That the said Grantors in considerfitkn of the sum of TEN DOLLARS ($10,00) and other good and valuable consideration to th-d§Wn hand paid by said Grantee, the receipt of which is hereby acknowledged, have bargain nd sold, and by these presents, do bargain, sell and convey unto the said Grantee, his he' d assigns, the following parcel or tract of land in the State of North Carolina, County of ), Croatan Township, Village of Stumpy Point, and more particularly described as follows: BEGINNING AT A POINT, which poinA located the following courses and distances from NCGS Monument "TO " (N - 724,187.77' and E- 2,957834.00): North 24 degrees 45'40"E66591.77 feet to a MAO Nail; thence cornering and running South 82 degas 45, 13" East 57.19 feet to the POINT OF BEGINNING; thence from said PPNT OF BEGINNING and running North 17 degrees 1V 04" East 38.93 NAto a calculated point; thence running, North 24 degrees 12' 3F East 30.25 fdfp a calculated point; thence cornering and running South 76 degrees V 35" East 7.77 feet to Awn calculated point; thence cornering and running Noqk 25 degrees 19 l9"-E&fftaE1VED Yl d JA N 2 6 2022 0 DCM-MHD C[7-y 12.18 feet to a calculated point; thence cornering and running South 70 \-*Vl degrees 00' 10" East 59.65 feet to a calculated point; thence running South 70 degrees 00' 10" East 10.86 feet to a calculated point; thence cornering and running South 21 degrees 05' 69" West 19.18 feet to a calculated point; thence (� • running South 21 degrees 06' 69" West 28.00 feet to a calculated point; thence running South 41 degrees 32' 36" West 15,81 feet to a calculated point; thence Q� running South 30 degrees 21' 49" West 37.95 feet to a calculated point; thence Y, cornering and running North 61 degrees 14' 21" West 20.96 feet to a calculated point; thence running North 66 degrees 14' 12" West 30.51 feet to a calculated point, thence running North 62 degrees 67' 23" West 7.81 feet to a O calculated point, thence running North 30 degrees OT 44" West 10.68 feet to �f- the POINT OF BEGINNING, and being the same property designated "EX. 1 V STORY BLDG ON PILES." on that survey entitled in part, "Lot Survey for: ames & June Nicholas," dated March 13, 2014, prepared by J.H. Miller, Jr., which survey is recorded in Book 1965 Page 118 and he�Vn by reference. This is the same property conveyed to James D. Nicholas and wife, June C. Nicholas by deed dated March 14, 2014 and recorded in Book 1966 Page 118 in the Ueo County Register of Deeds. TO HAVE AND TOLD the aforesaid parcel or tract of land and all privileges and appurtenances thereunto aging unto the said Grantee, his heirs and assigns forever. The Grantors covenannt ith the Grantee that they are seized in fee simple of the land above described and have(pa right and title to convey the same; that the same is free and clear of all liens and encumieraces and they will forever warrant and defend the title to the same against all lawful clai0a and demands whatsoever, with exception to the following: Ad Valorem taxes for Wcurrent year; easements and restrictions of record; any local, county, state or federal laws,Rrdinances, or regulations relating to zoning, environment, subdivision, occupancy„ construction, or development of the subject property, including existing violations 4 taid laws, ordinances, or regulations,. IN WITNESS WHEREOF, the f�} re have h nto t it hands and affixed their seals this the day and year first e tte1,. . (SEAT.) D. 41�c, 1's v' (SEAL) C.NICHO O \A" STATE OF MAY-1-/rnlA SEP 2 3 2021 NTYOF lea 1• i�• COUm o r c ft y� I, 1D14 � CA A16JI . a Notary Public, of the aforesad4d ounty and Statte, do `J rl CE�V 1 ED 16 O JAN 2 6 2022 n� DCM-M D CI7-y hereby certify that JAMES D. NICHOLAS and JUNE C. NICHOLAS personally appeared \Ai before me this day and acknowledged the due execution of the foregoing Deed. WITNESS my hand and Notarial Seal, thishhe A day of April 2020. Q� NOTARY PUBLIC My\ommiesion Expires: ao to SH 2 3 2021 d O RECEIVED JAN 26 2022 DCM-MHD CI7Y 9 O DARE ,Y REAL ESTATE COUNT Y1 TRANSFER TAX LT Recorded: 12(0712016 03:10:43 PM BY: Tool Midget! Vanzolla McMurran, Register of Deeds Dare County, NC Fee Amt $25.00 NO Excise TO: E480.Od BOOK 2137 PAGE 284 (3) 700333255 flilillimilIBIWRall Ila Prepared by®d return to: Linda H. McCown, McCown &. McCown, P.A., PO Box 729, 708 N. l lwy 64264, Manteo, NC 27954 ol Delinquent Inc any, are to be paid by the closing attorney to the County Tax Collector upon disbursement of proceeds. LAND TRANSFERI NO: 4366-16 LAND TRANSFER 7Gk 52,400.00 Excise Tax: 9480.00 61 NORTH CAROLINA, L INTY OF DARE PARCEL N 023990000 U� Brief Description for f?dgx: Metes & Bounds Parcel located on lJ. 104 Log Storage Road, Stumpy Point NORTH THIS DEED made this the 5th William D. Hooper, Trustee of The Ila Wallace Street, Kill Devil Hills, NC 2794 Midgett, Grantees, of 184 Bayview Drive, WARRANTY DEED of December , 2016, by and between -revocable Trust Agreement, Grantor, of 301 Jonathan Luke Midgett and wife, Trudy R. 0 Point, NC 27978; The designation Grantor and Grantee as use�Q'9rerein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. IVITNESSET That the Grantor, for a valuable consideration paid by"Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, ain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situate ri the Village of Stumpy Point, Croalan Township, Dare County, North Carolina and more parlicu� described as follows: See Exhibit A attached hereto and made a part hereof �� The Property hereinabove described was acquired by Grantor by in6ument recorded in Book 2128 at Page 270, Public Registry of Dare County, North Car(Gna. All or a portion of the property herein conveyed does not include the prior �eidenee of the Grantor. RECEIVED JAN 2 6 2022 SEP 2 3 2021 DCM-MHD CITY - -- 0 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and a�ppPurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the G@atee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee sintplc, that title is marketable and free and clear of all encumbrances, and that the Grantor will warme�nnd defend the title against the lawful claims of all persons whomsoever except for the except as hereinafter stated. Tile• o the property herein above described is subject to the following exceptions: Easem�HHls and restrictions of record. IN WIT✓NNESS WHEREOF, the Granlorhas hereunto set his hand and seal, the day and year first above written. O � Y1LJ�1_ cZAX*M n SEAL) William D. Hooper, Trust a of f The Hooper Irrevocable Trust Agreement d O STATE OF NORTH CAROLINA COUNTY OF DARE I RVINI, appPublic for wrre 11 County,North Carolina, do hereb certify that WillHooper, CTrustee of The Hooper Irrevocable Trust Agreement, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal or stamp, _ day of 2016. (Seal -Stamp) ery Public My commission ex riis: /a.—/t9-19 PENNY C. BEASLEY y NOTARY PUBLIC �• Tyrrell County North Carolina �Nei �'"" 'O SEP 2 3 2021 O 0 RECEIVED JAN 2 6 2022 DCM-MHD Clay 0 �VIC, le(1j EXHIBIT A BEGINNIN&�a stake or other marker, said point being designated "F' on a certain map of the Lake Worth a lumpy Point Harbor improvement made by K. R. Sinclair, Registered Surveyor, attached thereto made a part of those certain deeds between Dare County and Horace B. Hooper, Sr. at ux, dated must 29, 1971, and August 30, 1971, and duly filed for record in the Public Registry of Dare Cooty, North Carolina; and running thence from said beginning point South 22 deg. 30 min. West a distance of 52.50 feet to a point; and thence continuing South 22 deg. 30 min, West a distance of 87.50 feet to a point, said point being marked "G" on the aforesaid map or plat; and running thence Northp deg. 30 min. West a distance of 26.5 feet to a point in the top of the spoil bank; thence followWthe spoil bank in a general Southwesterly direction to its Southwest comer; thence crossing alo dhe shore line and the edge of said spoil bank in a Northwesterly direction to its Northwestern p?(trt of intersection with he water's edge of the channel; and thence following the channel in a genergMortheasterly direction to a point which is North 67 deg. 30 min. West from Point C; and running ttttllice South 67 deg. 30 min. East to Point C on said map; running thence South 67 deg. 30 min. East ii'stance of 113.5 feet to a point; and running (hence North 39 deg. 31 min. East a distance of 91.0 ' et to a point running thence North 22 deg. 30 min. East a distance of 52.50 feet to Point F, the p i or place of beginning: Being that portion of the land which extend&uthwestwardly from the Points C, F and G as shown on the aforesaid map or plat and bounded o0c East, West, and South by the channel areas. F. SEP 2 3 2021 �•,) D Cvv l RECEIVED JA N 2 6 2022 DCM-.MHD. C►Ty D. r SIT ���..o 41 STUMPY POINT SAYr 11 r r r r r r cp VVJ/ \ PAML[CO SOUND) r / &Fly \ GETT // / \ ROB OAAf/ VICINITY MAP N.T.S. /I' ✓i y]�� /� 11 N/F c y Nr OT / / NIF DARE COUNTY RXISTBVC F!S!I ROUSE BUBDRN, BOC70C / AND BUIdU1RAD PO BR RR-CONSNUMP �J ' nrim D % i �' � PAMMWO SOUND' now DOCA:S AND P/ATFDRBS /�l i AL � i TO BE RE-CONSIBUM wa AL AL 404 iYETLANDs AL IV c '_� /7'UMPY_A0lNT�/' /� /� i� AL MUST/NG Rr �J �PAAULICO-SOUND, ' �E =G IFETLAND LINE - a Nr- A,; F'"teC; a `' EXISTING RIP -RAPID �� �� �� •� �� INYT - AL '-FEB r ?_022� srUvrr PCB usncos SHEET 1 OF 4 EXISTING CONDITIONS - FISH HOUSE & DOCK RE -CONSTRUCTION CAMA MAJOR PERMIT APPLICATION LUKE & TRUDY MIDGETT/N—SEINE SEAFOOD STUMPY POINT — DARE COUNTY — NORTH CAROLINA 50' 0' 100' 200' 300' 417Z011C ENV/RINK-/VTAL CONMZIT NI., LLC GRAPHIC SCALE 1"=100' P.O. BOX3266, K/TTY114#K, N.C. 27949 (252)261-7707, a -mail dougdaecrAgmailoom DATE: 09/17/21 REVISED: 12/12/21, 01/04/22 FILE: MIDGETT DRAWN BY: DAD LEGEND - PROPOSED CONCRETE REPLACEMENT — - - — - 404 WETLAND LINE — — - 30' DCM BUFFER LINE ---- - 75' AEC LINE EXISTING NORMAL WATER LEVEL 10 - EXISTING SLIP NUMBERS -6.5' X - E%. WATER DEPTHS r i r / I � r I ��/���/p�JROPOSED WOOD FRAME W�L WAY �/ RO & NOAM! WI"fF{,'CONC�RETE-DECKING P BE REPLACED ��� �� / �E�T (54 50') W E.00M UPLANDS j D ' I' HOOF OVMUMO EP/SITNO FMI NOOSN \\.. ONE -STONY CONZ-BLOCK ON CONC. FOUNDATION /. �\ ti BOLUIEADI ' Imti' ',X PROPOSED DOCKS �-ITO'BE REPLACED �' __A, r r r (17X 36') �. / l I000 ROPOSED-BULKHEAD-UNOER,FOUMYAnONE �� r AROUND PERIMETER OF BUILDING TO BE REPACED , -6. g PROPOSED 0 S / TO BE REPLACED i i 1PROPOSED BULKHEAD UNDER FOUNDATION X -8. 0' ! TO AROUND-PERIMEIER'OF JBUILOING j BE REPLACED -7.8' X EXISTING FISH HOUSE BUILDING, DOCKING PROPOSED D Doc SECTION cnoN AN"UL'KWAD-TO'BE' REPLACED' '� N/F / TO BE REPLACED 955 SF r / DARE COUNTY i I' �� ,� �' �. r� P/TO""DE SREPLACED�iN3� Il i, -65 8.5 X / PROPOSED FINGER PIE 6.0, x / T0,BE RR PLA 0ED— DWOOD DO AL Pi SECTI0NE (6`7Cb�2')C \`\U�' t?:' i J / j TO BE REPLACED �\`Y Exrs-nNGDWkS-ANb PEATFOR �� .�5 �JTO BE REPLA ED �J AL PROPOS D WOOD PLATFORM 0 "� _—'404 WMUNO LWE DET00NED NY TO -BE EPLACED� -� J FRANTIC 0 AIZ SUREML TS ANDTGOOG j FROM FMEN RONAIEEMENTS AND COOULE / (12' x 30') -56' X i" /EARTH /AucEs / / (;� PROPOSED WOOD DOC -6.0' X p'V� I r� ,J ,-SECTION (Ti-X 74') . ' / / Et7mG UPL4NOX / l �C TO BE REPLACED / 7�E REP wo_OD _PLATFORM -6.2' X P CED r' �q R PO OSED(g OOD DOCKCJ X 40'r�" r' OV'%/ / FEB 7 2022 �J ,� r•J �� O-BE-REPLACED/)—_/- Sir /4�AK 1I� �, �'` SHEET 2 OF 4 ' PROPOSED FISH HOUSE & DOCK RE -CONSTRUCTION CAMA MAJOR PERMIT APPLICATION LUKE & TRUDY MIDGETT/N—SEINE SEAFOOD STUMPY POINT — DARE COUNTY — NORTH CAROLINA 20' 0' 40' 80, 120' ATLA/l/ _C ENV11?0NMENTAL CONSULTANTS, LLC GRAPHIC SCALE 1 "= 40' -0 0 BOX 3266 K/TTY HAWK N C 27949 DATE: 09/17/21 (252)261-7707, a -mall daugdoeccOgmo/%com REVISED: 12/12/21, 01/04/22 FILE: MIDGETT DRAWN BY:DAD llllllllllllll�llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll�l lllllllllllllloomill III lIM Ml l m llllllllllllloXlllllllllllllllllllllllllllllllllllllllllllllllllllllll ll lll�nl lllllllla�lllllllllllllllllllllllllllllllllllllllllllllllllllll ll�ll lll�l _ �� �� � llll,l�,�llllllllllllllllllllllllllllllllllllllllllllllllll r��ll�ll�lll�� z lllllllllllllllllllllllllllllllllllll�lllllllllllllllll_�lll � U_ �,� a a<w'3 �lllllllllllllllllllllllllllllllllllllllllllllllllllll o J Zit- 0 �a a=�=o � —� �lllllllllllllllllllllllllll�lllllllllllllllllllllll UIo� [=�V w= lllllllllll�lllllllllllllllllllllllllllllllllllll ®� w 4 ��� i i �. llllll.lallllllllllllllllllllllllllllll���llll � LMLI 11zo \ lllla llllllllllllllllllllllllllllll��llllC/')Ld Q l l l"l l l l l l l l l l l l l l lal l l l l l l l l l l l l l l l l l l l l LLJ a o w IMLl l l l l l l l l l l l l z Q lava l l l l o l u l l � l l l�®� N llllllllllllo��lllloXlull�Y'\` 111 Dif� N \� \ llllllllll��llllX0 C�60 W N tr U) LU CL l l l l l l l l'l l u l l i llllllllllllllllllllll llll�li �lllll \ l l l l l l l l l l l wz n1 l l l l l l l l l l ll 1 1 1 'l l l l l l l l l l"1 l ll l llllllllllllllllllllllll llllll llll'WI IIIIIIII (lull llllllllllllllllllllll ll �lll lull w � �� jtllllllllllllllllllllllllll�llllllllllll�lllllllll RECENED F E B 7 2022 [,-P SEECT110'u"J 701 10 DATE: 09/17/21 PROPOSED FISH HOUSE CROSS SECTION D—D SCALE: NTS RIP —RAP CROSS SECTION A —A SCALE: NTS SCALE: NTS WETLANDS PROPOSED RIP —RAP REVETMENT 6" ABOVE NWL RIP —RAP REVETMENT CROSS SECTION C—C SCALE: NTS SHORELINE STABILIZATION CAMA MAJOR PERMIT APPLICATION LUKE & TRUDY MIDGETT/N-SEINE SEAFOOD STUMPY POINT - DARE COUNTY - NORTH CAROLINA ol GRAPHIC SCALE 1"= NTS REVISED: 1 SHEET 4 rli 41Z,4N11C ENt1/RONMENTAL CONS61ZTAMTS, ZZC P.O. 90X 3266, KITTY HAWK, N. C. 27949 (252)291-7707, e-mail dougdoeoggmoi/. cam FILE: MIDGETT DRAWN BY: DAD Wsuvu AN Hom Bunwo Bomm AND BUMaMD TO BE &.-CaWRUC..MD MW ROW AND QVVW. TO BE RE- CONMU= J A N 0 5 2121 I I ROBY rTNOAMI AM R7W M lY 404 WETLANDS At r. AL ,.i 7r 1-2 NVDOFT SITE STUMPY POINT BAY PAMLICO SOUND I VICINITY MAP N.T.S. I Ir 0 uj 0 LLI cc TAMILICO SOUND STUMPY POINT BAY A I y (70 DOSTVIG RIP —RAP FAMILICO SOUND LN. FT.) BUSTING WETLAND LINE EXISTING RIP —RAP (330 LNFT.) rim mmpr Pofiff umcolF SHEET 1 OF 4 mwa & BLM EXISTING CONDITIONS - FISH HOUSE & DOCK RE -CONSTRUCTION CAMA MAJOR PERMIT APPLICATION LUKE & TRUDY MIDGETT/N-SEINE SEAFOOD STUMPY POINT - DARE COUNTY - NORTH CAROLINA 50, 0, 10.0, 200' 300' GRAPHIC SCALE 1"=100' DATE: 09/17 REVISED: 12/12/21, 01 ,47Z,4N,r1C ZNk1',f0N#Z1_V1,4Z CONSULTANTS, .f ZZ C P. 0. BOX 3266, l(lrTr 11,40(, N. C. 217g4g (252)261-7707, e-mail 0'0,Vg0'aeC9gM01100177 FILE: MIDGETT DRAWN BY: DAD i/ LEGEND ! . - PROPOSED CONCRETE REPLACEMENT 404 WETLAND LINE /• /' / ..�.. 30' DCM BUFFER LINE - 75' AEC LINE —... _...— - EXISTING NORMAL WATER LEVEL ; 10 - EXISTING SUP NUMBERS -6.5, X - EX. WATER DEPTHS :' r• C/) I' '!PWR7OPOSED WOOD FRAME WdLKER / (5r4h' CONCRETE DECKING T�1' BE REPLACED '- EYlSDNG UPLANDS ' ti ..•l .. . •r l' ROOF OVERHANG EXlSTOR FISH HOUSE ONE STORY CONC. AHOBLOCK 1a:... ON CONC. FOUNDATfON X —7.2' E17STA'G 4 i BUL'Q�'AD �t� .'p0 n' `3 PROPOSED DOCKS -�^TO BE REPLACED .7oT•, l (17' X 36') X —25' awsmvp mon \A1 PROPOSED BULKHEAD UNDER e " ! AROUND PERIMETER OF BUILC -6.5� X �"• ,+PTO BE REPLDAOCEDS (11' X 40') /PRI ARI TO / I / / / / I / I —7.5' X —6.5 X 11 e OFDBUILOINCDABON L 1-....,L..r —76X EXISTING FISH HOUSE BUILDING, DOCKING PROPOSED DOCK SECTION AND BU_ LKHEAD TO BE REPLACED TO BE REPLACED(955 SF) (12'-14'X75') BESECDLLOO S TO PROPOSED -8.0' X —6.5' X PROPOSED FINGER PIER. -B.G X TO BE REPLACED ,-�� 12' X 8') /i 1 1 , /i i DARE C�'OUNTY 4'.`�' PROPOSEOWOOD DOQK 5.8, X. •:','%may./ 9L ' SECTION (6' X 62') 'y @" TO BE REPLACED •.:; / EXISTING DOCKS AND PLATFORMS' TO BE REPLACED -04 Kr NO D BY PROPOSED W000 PLATFORM : " - "' ATANTIC ON IL CORSUDTAMS TO BE REPLACED ��^�a-^ •! '.'i /FROM FELD AM6URQ69AAD COOCLE (12' X 30) —58, X EARTH BGGa.. . Q 4o��Q55 —8.5' X —9.0' X < %. 6. PROPOSED WOOD DOCK6,0' X,_ ' SECTION (6' X 74') ��.. j ETlmo UPLANDS �.. TO BE REPLACED —6.3' X PROPOSED WOOD PLATFORM —6.8' X` t TO BE REPLACED (20' X 20') ' all. PROPOSED WOOD DOCK SECTION (6• X 40')D —►.•�� �' TO BE REPLACE,RP 1y • ,,`II " t11 ,Sp / 404 WMZANDS elf; i 'AL 111, — °'" SHEET 2 OF 4, PROPOSED FISH HOUSE & DOCK RE -CONSTRUCTION CAMA MAJOR PERMIT APPLICATION LUKE & TRUDY MIDGETT/N-SEINE SEAFOOD STUMPY POINT - DARE COUNTY - NORTH CAROLINA 20' ol 40' $G' 120' il ATLAN -C ENV/RONMENTAL CONSULTANTS, LLC GRAPHIC SCALE 1"=40' A0" BOX 3266 1(/T7Y H,4GYK, N.C. 27949 (252)261-7707, e-mail doug0l,7eC9lgm6r1/.00177 DATE: 09/17/21 REVISED: 12/12/21. 01/04/22 FILE: MIDGETT DRAWN BY: DAD X 350') LEGEND EXISTING RIP -RAP - PROPOSED RIP -RAP - 404 WETLAND LINE -- - 30' DCM BUFFER LINE .. ..-- - 75' AEC LINE ' ............... - EXISTING NORMAL WATER i' i 1 i � e i i 11 t d I 1B I 1 I i AL 0 �JFFE PROPOSED RIP —RAP (10X 530') i. Y PAMILICO SOUND STUMPY POINT BAY jL �' I - REOPOTdSEND RIP —RAP 1 (ETE 6'X100') N/F r, DARE COUNTY lk EXISTING RlP— Rd m--_,; (70I,N. FT) is , PROPOSED RIP —RAP fi AL ' II� (10' X 150') i AIL t EXISTING 19ETLAND LINE ------ '_�.0A. A 'i UPLANDS '--EXISTING EIP—RAP AROUND POINT. AL sL `: (330 IN. FT.) AL AL NIP NCDOT W N W N V Wir Q J PROPOSED RIP —RAP (10' X 630') JAR 2 5 gal SHEET 3 OF 4 SHORELINE STABILIZATION CAMA MAJOR PERMIT APPLICATION LUKE & TRUDY MIDGETT/N-SEINE SEAFOOD STUMPY POINT - 'DARE COUNTY - NORTH CAROLINA 30' 0' 60' 120' 180' ATL 4NTIC ZMISONMENTAL CONSULTA/VTS, LLC GRAPHIC SCALE 1"= 60' P.O. 80,,v 9266,, K1777 114GY/(, N.C. 27949 (252)261-7707, e-mail doaydaec9gmai/.com DATE: 09/17/21 REVISED: 12/12/21. 01/04/22 FILE: MIDGETT DRAWN BY: DAD i E)ISTING 60'I'TO�y fly PROPOSED FISH HOUSE I I PL NGS E, I PROPOSED FISH HOUSE CROSS SECTION D-D SCALE: NTS ...._. . .... ..... - PROPOSED RIP -RAP RIP -RAP CROSS SECTION A -A SCALE: NTS PROPOSED BACKFILL PROPOSED RIP RAP � T" ,_.�!�',__�I„-.I�I'--III. I�' ,I:- RIP -RAP CROSS SECTION B-B SCALE: NTS PROPOSED RIP -RAP REVETMENT 6" ABOVE NWL _...._.._..._.__....._.._7_._......,......_...._..__ RIP -RAP REVETMENT CROSS SECTION C-C SCALE: NTS JAN' 3; 5 2221 EXISTING WETLANDS z a SHORELINE STABILIZATION CAMA MAJOR PERMIT APPLICATION LUKE & TRUDY MIDGETT/N-SEINE SEAFOOD STUMPY POINT - DARE COUNTY - NORTH CAROLINA A -4N -C ENV11?0NMEN7AZ CONSULTANTS; ZZC GRAPHIC SCALE 1"= NTS A0,, BOX 3266, K/T7Y HAGYK, N.C. 27949 (252)261-7707, e-mail do119doecA9mo11c0m DATE: 09/17/21 REVISED: 12/12/21, 01/04/22 FILE: MIDGETT DRAWN BY: DAD 2 CU 0 RECEIVED JAN r.6 ?u:_? DCM-MHD CITY