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HomeMy WebLinkAbout36-22 Gabbert, DebbiePermit Class Permit Number NEW 36-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 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 Debbie Gabbert, 6 Palmetto Lane, Southern Shores, NC 27949 Authorizing development in Currituck County at adj. to Currituck Sound, at 980 Cruz Bay Court, in Corolla , as requested in the permittee’s application dated 10/11/21, including attached workplan drawing (1), Sheet 1 of 1 dated 11/3/21. This permit, issued on April 8, 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 of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2025 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Single Family Residence with Section 404 Wetland Fill 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the homesite, driveway, pool, and other associated infrastructure, and approximately 3,752 ft2 of Section 404 wetland fill, all as expressly and specifically set forth in the attached permit application and workplan drawings. (See attached sheet for Additional Conditions) Debbie Gabbert Permit No. 36-22 Page 2 of 2 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 2) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 3) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 4) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. 5) 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. 6) 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. 7) 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, including but not limited to any authorizations from the U.S. Army Corps of Engineers. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2022-00744. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-1673. 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 normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Debbie Gabbert COUNTY: Currituck PROJECT NAME: Single-family Residence LOCATION OF PROJECT: 980 Cruz Bay Court, Corolla DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-10-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No FIELD REPRESENTATIVE: Robert Corbe DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: / Date k �a B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140) # III(D) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 11-21-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 1-24-22 HOLDS: EMAIL OUT DATE: 11-16-21 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 12-11-21 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 12-7-21 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers— Regulatory Branch D W R — 401 Section DWR— Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section DMF — Habitat & Enhancement DNCR—Archives& History DNCR — Natural Heritage Program NCDOT NC Dept of Commerce DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Debbie Gabbert Distribution Date: 11/16/2021 AGENCY ECRO Kelly Brady— Currituck (Corolla) Community Development/LPO DCM Planner Charlan Owens Eliz City US COE: Josh Pelletier Community Assistance Lee Pad rick (Beaufort Carteret Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Clif Whitfield Marine Fisheries James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Samir Dumpor Storm water - RogerThorpe DWR 401- Chris Pullinger WRC Maria Dunn (WARD) National Heritage Program Rodney Butler Revised : 6/29/2018 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 16, 2021 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.bodnar@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Debbie Gabbert Project Location: South side of the Wright Memorial Bridge between Currituck County & Dare County Proposed Project: Grade and fill an area of designated 404-wetlands with the intent to construct a single-family dwelling, with a, pool, decking and driveway 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 December 7, 2021. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) 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 D_E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 n.�arcw1.1 "1.,�m o pv_f I II ft=1m 252.264.3901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO: Theresa Schneider The Coastland Times Manteo, NC 27954 legals@thecoastlandtimes.com FROM: Ella Godfrey DATE: November 16, 2021 SUBJECT: Public Notice: Debbie Gabbert Please publish the attached Notice in the Sunday, November 21, 2021, issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send me the affidavit, an original copy of the published notice, and an original invoice. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office ; 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 '�= f' a +•=v252264.3901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 11/10/21. Debbie Gabbert proposes to grade and fill an area of designated 404-wetlands with the intent to construct a single-family dwelling, with a pool surrounded with concrete and wooden decking and a concrete driveway, located at 980 Cruz Bay Court, Corolla in Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 12/11/21, 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, November 21,2021 Not th( at ohna Depar t ment oP Emiranmental Q,,al it f Division ht Coo+tal Managcment _ rl'?abo th Cfty Office 101 South Griffin Streetkwle 300 fl7abeth Ctty. North Carolina 271409 2f,1 3001 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 16, 2021 Debbie Gabbert 6 Palmetto Lane Southern Shores, NC 27949 Dear Ms. Gabbert: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval for development to grade and fill an area of designated 404-wetlands with the intent to construct a single-family dwelling with a pool, decking and driveway located at 980 Cruz Bay Court, Corolla in Currituck County. It was received complete November 10, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 24, 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 November 10, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point WQ5ENorth Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth Ctty, North Carolina 27909 o w wc.�.•� itmv .,.nnao.oM1 252.264.3901 Debbie Gabbert November 16, 2021 Page 2 of 2 along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Robert Corbett, Field Representative, if you have any questions and or if you wish to receive a copy of his field report. Sincerely, Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Robert Corbett, DCM, Elizabeth City, NC Brian Rubino, Quible & Associates, P.C.; Kitty Hawk, NC N cn o v n '0 N c tr - O rt (p otno a- rr O. 0 0r a-S. O C ;_a ma y Z "t �. O �. m J Z 14 U) 7 > CfiO = rlpL VOL N S 13 >, o �.. _ ■ ■ m, -� M —� 0 (D � n � O 0 ddd c'IDi rr C 13 M = ��m�� LN X T o .. N N a' m m w■ NM r� O H, (pmn 33 ���0 oA O. Qt2 O W s 9. oo r °m �C>2� o _ m -h N rt cr CL K Z ML fD mz N Id :"' mZ V � 330 W ty0 N m D vv rt (TiPIL m o c o v O O. a c DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Debbie Gabbert 2. LOCATION OF PROJECT SITE: 980 Cruz Bay Court, Lot 35, Corolla, Currituck County, N.C. 27927, adjacent to the Currituck Sound. Lat/Long: 36°21'8.37"N, 75°49'34.43"W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/30/2021 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete — 11/10/2021 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification From LUP - Full Service (B) AEC(s) Involved: Estuarine Shoreline (ES) (C) Water Dependent: No (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - Central Sewer System Planned - None (F) Type of Structures: Existing — None Planned - Single family dwelling with a pool enclosed by concrete and wooden decking, and a concrete driveway. (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)1 (A) USACE 404-wetlands within ES AEC (B) USACE 404-wetlands landward of ES AEC (C) Additional area landward of Estuarine Shoreline AEC (D) Total Area Disturbed: ±8,708 ft2 (0.2 acres) (E) Primary Nursery Area: No FILLED 2,991 ft2 Including 306 ft2 impervious coverage within the ES AEC (5.7%) ± 1,487 ft2 ± 4,230 ft2 Debbie Gabbert Field Investigation Report Page 2 (F) Water Classification: SC Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant proposes to grade and fill an area of designated 404-wetlands within the ES AEC with the intent to construct a single family dwelling, a pool surrounded with concrete and wooden decking, and a concrete driveway. Project Setting The site of the proposed development is located at 980 Cruz Bay Court, Lot 35, Corolla, Currituck County, N.C. 27927, adjacent to the Currituck Sound. The property is ± 43,560 ftz (0.38 acres) in size and has an elevation approximately 4' above NWL. The property is a vacant lot with no -man made features in the high ground area. Vegetation includes 404-wetlands, Coastal wetlands, and yard grasses. The properties unhardened shoreline ± 74' in length. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of Osier fine sand (Os) and Corolla fine sand (CoB). Based on available information, no archaeological sites are on or near this property. The adjacent riparian property to the north is a vacant lot with an unhardened shoreline similarly vegetated with coastal and 404-wetlands. The adjacent riparian property to the south is a vacant lot which currently obtained CAMA Minor Permit OB2021-060 for a 3 story single family dwelling with a concreate driveway, and a pool surrounded by a concrete deck. No wetland fill was authorized under this Permit. The Currituck Sound is classified as Coastal Waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The Division of Environmental Management's water quality classification for the Currituck Sound is SC and it is closed to shellfish taking. Currently the property has only been graded and had fill brought in and placed within the high ground area landward of the Estuarine Shoreline and of wetland areas. A community area is located two lots to the south of the project site. This area has a hardened shoreline and a communal pier authorized through CAMA Major Permit 129-09. This CAMA Major Permit was later modified to include a wetland protection breakwater system which was installed on the north side of the observation pier located approximately 80' waterward of the normal water level parallel to shoreline. This breakwater system extends across the northern 6 lots, including the applicants project location. Since the installation of the breakwater system in 2018, erosion of the shoreline has subsided and the wetlands, acting as a natural buffer stabilization the shoreline, have slowly begun to expand. The water level adjacent to the property landward of the breakwater is shallow and ranges from 2" to 12". Development Pr000sal The applicant is proposing construct a new 2,388 sf2 single family dwelling complete with a concrete driveway and a pool surrounded by concrete with a wraparound wood deck. To complete this project, the applicant is proposing to grade and fill 8,708 sf2 of the property. As proposed 3,752 sfz of designated 404- wetlands will be directly impacted; of which 2,291 sfz is located within the ES AEC. No Coastal Wetland fill is proposed and no disturbance is Debbie Gabbert Field Investigation Report Page 3 proposed within the 30' CAMA Buffer. The proposed single family dwelling and concrete driveway is to be located > 75' from NWL. Only the pool and surrounding concrete and wood decking is to be located within the ES AEC. This will result in a 5.7% impervious coverage within the ES AEC. The aforementioned property is currently under contract to be purchased by the applicant. The current contract is contingent on permit issuance. To offset impacts to the wetlands the applicant has proposed mitigation. Mitigation acceptance letter attached to the application. Anticipated Impacts The proposed development will result in the filling of 2,991 ft2 of designated 404- wetlands within the 75' ES AEC resulting in ±306 ft2 of impervious coverage within the 75' ES AEC (5.7%). The proposed development will result in 5,717 sf2 of fill outside the 75' ES AEC (of which will result in the filling of an additional ±1,487 ft2 of designated 404-wetlands) The proposed development will result in ±4680 ft2 of impervious coverage on entire lot (43.2%). Submitted by: Robert Corbett Date: 11 /10/2021 ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (1111012021) Applicant: Debbie Gabbert Date: 111102021 Project Site County: Currituck Staff. Robert Corbett District: EElizabeth City ❑Washington []Morehead City ❑Wilmington Project Name: Shelly Honeycutt Major Permit Project Rover File: Date of initial application submittal (EX: 1/82007): 10252021 Date application "received as complete" in the Field office (EX: 1/82007): 11192021 Permit Authorization: ❑LAMA ❑Dredge & Fill EBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ENo Photos Taken: Yes E No❑ Setback Required (riparian): []Yes E No Critical Habitat: El Yes ENo ❑Not Sure 15 foot waiver obtained.,[-] Yes ENo Hazard Notification Returned: []Yes ENo SAV: EYes ❑No ❑Not Sure Shell Bottom: ❑Yes ENo ❑ Not Temporary Impacts: EYes ❑No Sure Sandbags: ❑Yes ENo ❑ Not Sun; Did the land use classification come from Mitigation Required (optional): countyLUP:EYes ❑No ❑Yes ENo Moratorium Conditions: ❑Yes ❑No Environmental Assessment Done: ENA []Yes []No [DNA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SM ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORM WETLANDS IMPACTED E (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh coidgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt orspike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) Sp.) ❑ (JR) Black needlemsh (Juncus ❑ (SP) Salt(meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ 111(A) Private w/D&F up to 1 acre; E 111(D) Priv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ Il. Public or commercial/no dredge $100 and/or rill - $400 ❑ I. Private no dredge and/or rill - $250 ❑ 111(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252.808-2808 :: 1.888-411COAST :: www_nccoastalmanacement. net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Debbie Gabbert Date:11/1012021 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity :Name Number Choose One Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Fill (General) I New Work ® Replace 74' 118' 1 Maint ❑ ❑ Y ® N Res. Bldg. (single I New Work ® Replace 60' 40' family) Maint ❑ ❑ Y ® N Deck (house) I New Work ® Replace 24' 24' Main, El ❑Y®N Swimming pool I New Work ® Replace 25' 15' Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [—IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [-IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Woo rk❑ Replace Maint ❑ ❑ Y [:IN New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Debbie Gabbert Date: 1111012021 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 tam im acts FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount High Ground Dredge El Fill(D Both ❑ Other ❑ 4,930 4,930 Wetlands (404) Dredge ❑ Fill ® Both ❑ Other ❑ 3,778 3,778 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 ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252.808.2808 :: 1.888-4RCOAST :: ww .n_ccoastalmanagemenLnet revised: Nov. 2012 RECEIVED LAMA Major Permit Narrative Lot 35 Corolla Bay OCT 12 2021 Background and Setting DC -EC The subject property for this CAMA Major submission is located at 980 Cruz Bay Ct. in Corolla, Currituck County, NC (Lot 35 Corolla Bay). This residential neighborhood is within what is referred to as Monteray Shores P.U.D. The property is on the Currituck Sound (SC Waters). The original developers of this section of Monteray Shores obtained a high -density State Stormwater Permit through NCDEMLR (SW7O5O22O) which was renewed in 2020 (copy enclosed). This stormwater collection and treatment permit is for this entire subdivision Section and includes a maximum built upon area allocation for each lot (see Table within Permit). The original developers and their lending association also obtained a CAMA Major Permit (129-09) which included a community observation pier and was later amended to include a wetland/shoreline protection breakwater system which was constructed sometime around 2018. There had been high levels of shoreline erosion that had begun to impact wetlands that provided natural buffers for several of the subject lots prior to breakwater construction. Since breakwater construction, erosion has subsided and shoreline wetlands have begun to expand, which was the intent. Please see a portion of the final plat for the subdivision enclosed. There has been a Section 404 wetland delineation for this entire Section (also enclosed) which has been relied upon by US Army Corps (USACE) for recent Nationwide Permits for individual lots. The original developers had cleared, grubbed and did some minor filling up to the approved wetlands line in the past, and some old silt fencing still exists along that line. In 2020, CB 980, LLC purchased this lot, and their affiliates (SAGA Real Estate and Development), purchased several other undeveloped lots in the same Section. The location of the current shoreline (NWL) and the location of the coastal wetlands line was established by Mr. Robert Corbett, NCDCM field representative, on September 30, 2021. These lines have been surveyed and are depicted on the Plan. Proposed Project This is a residential homesite and the requirement for a CAMA Major Permit stems from the need to fill a small quantity of Section 404 (non -coastal) wetlands within the 75 ft AEC. The lot is under contract by Ms. Debbie Gabbert who is the applicant. Before Ms. Gabbert closes on the property, it is important that she receives assurance that the proposed fill can be permitted. The current owner (CB 980, LLC) understands this issue and is fully cooperative. We have enclosed a copy of authorization letters from the current owner and applicant as well as the current deed. This is a unique lot in this Section since all other lots either have broad expanses of wetlands between the existing uplands and the NWL shoreline (meaning that fill would be outside the 75 ft AEC and would not require a CAMA Permit), or the other lots have more existing uplands. The CAMA Plan accurately depicts the permitted development footprints for nearby and adjacent lots (Lot 36, 34 and 33). The goal for Lot 35 is to have about the same useable upland area as other lots in this Section. Lot 36 has more natural uplands and only required a CAMA Minor Permit for upland development. Lots 34 and 33 did not require a CAMA Permit since all upland development and fill was outside of the 75 ft AEC, but those owners did receive a Nationwide 18 fill permit through USACE and notification to NCDWR. The proposed maximum development footprint is shown on the CAMA Plan. This includes 3,752 sq.ft. (0.09 ac) of Section 404 wetland impacts and total land disturbance of 8,708 sq.ft. The proposed house footprint, parking, pool area and all proposed fill is accurately shown on the accompanying plan. If the applicant modifies the house footprint or any details of the plan before construction, there will be a permit modification requested. The proposed fill area would CAMA Major Permit Narrative Lot 35 Corolla Bay not change, and it is important to know if the proposed fill is permissive before the property transaction occurs. No land disturbance is proposed within the 30 ft buffer. Coverages shown would conform to all County and State requirements. The limits of fill would be lined with silt fence prior to any land disturbance activity and the fill would be sloped down to the base of the silt fence so that no fill would be piled up behind the silt fence. This fill area would be stabilized with the appropriate grass mix and crimped straw. As residential construction occurs, the fill slopes will be maintained in a stable state. Upon completion of the residential homesite construction, the perimeter areas, including fill slopes, will be sodded. This project proposes compensatory mitigation to offset Section 404 riparian wetland impacts through mitigation credits through The Great Dismal Swamp Restoration bank, LLC (Timberlake Mitigation Bank). Please see attached acceptance letter, dated 9/23/2021. These credits would be obtained in the same HUC (03010205). The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. And, 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 OCT 1 2 21" DC t-EC RE: 980 Cruz Bay Ct., Corolla, Currituck County, NC Lot 35, Corolla Bay, Section I As contracted purchaser, I authorize Quible & Associates, P.C. (Quible) to act as permitting agent on my behalf for the purpose of obtaining a CAMA Major Permit (Joint State and Federal Permit). And, I authorize NCDCM and USACE to access the above referenced property as necessary for the same purpose. ��aQ.QwA �rQn� Authorized Signature Name: &)Zb1-e a)�4 Date: RECEIVE® OCT 1 2 2021 ®CM -EC DocuSign Envelope ID: 6EB27224-8494-41A5-83CD-1B29F155184C RE: 980 Cruz Bay Ct., Corolla, Currituck County, NC Lot 35, Corolla Bay, Section I As owner, I authorize Debbie Gabbert (contracted purchaser) and Quible & Associates, P.C. (Quible) to apply for and receive a CAMA Major Permit on the property that I currently own. And, I authorize NCDCM and USACE to access the above referenced property as necessary for the same purpose. Coausq,reu by: PZ aoa 3MWDBEUE433... Authorized Signature Name: Prem Gupta Corporation: CB 980, LLC Date: 9/17/2021 RECEIVE® OCT 12 2021 ®Cn-EC DCM MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) PF-C E'V E Applicant 1: First Name Debbie MI Last Name Gabbert j 12 20" Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 6 Palmetto Ln. PO Box City Southern Shores State NC ZIP 27949 Country USA Phone No. 252-455-0020 ext. FAX No. - - StreetAddress(if different from above) City State ZIP Email debbiecgabbertO gmail.com 1] 2. AgenttlContractor Information Business Name Quible & Associates P.C. Agent/ Contractor 1: First Name Brian MI Last Name Rubino Agent/ Contractor-2: First Name MI Last Name Mailing Address PO Box 870 City Kitty Hawk State NC ZIP 27949 Phone No. 1 252 - 491 - 8147 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (d different from above) City State ZIP Email brubino®quible.com <Form continues on baclo 252-808.2808 .. 9-888.4RCOAST .. www.nccoastalmanagemon L.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. S Currituck 980 Cruz Bay Court Subdivision Name City State Zip Corolla Bay Corolla NC 27966 - Phone No. Lot No.(s) (d many, attach additional page with list) - - ext. 35, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Currituck Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Currituck Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Currituck County 4. Site Description a. Total length of shoreline on the tract (ft.) to Size of entire tract (sci t.) 72 10,816 sq.ft. (0.25 ac.) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.25 acres, I NWL (normal water level) (if many lot sizes, please attach additional page with a list) 4 ❑NHW or ®NWL e. Vegetation on tract bermuda grass, bahia, spartina patems, groundsel bush, laurel oak, black needle rush (coastal wetland area only) I. Man-made features and uses now on tract Site is currently undeveloped uplands and wetlands. This is a residential lot, built in between 2 homes under construction. g. Identify and describe the existing land uses adjacent to the proposed project site. Single family residences In. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? SFO (Single Family Outer Banks) (Attach zoning compliance certificate, R applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes NNo DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does f Involve a ❑Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED FICT 12 2021 252.808.2808 :: 1.888-41FICOAST :: www.ncconstaimanagemont.net DCM-EC Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (it) Are there coastal wetlands on the site? ®Yes []No fill If yes to either (i) or (if) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Central sewer system (Monterey Shores Wastewater Treatment Facility) o. Describe existing drinking water supply source. Currituck County Municipal Water p. Describe existing storm water management or treatment systems. This is covered under a high density SW Permit through NCDEMLR (SW7050220-copy enclosed). This includes wet detention, swales and infiltation areas and there are pre -established / assigned maximum built upon areas for each lot. The maximum BUA for the lot is 5,779 sq.ft. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. Single family residence c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Dump trucks and skid steers d. List all development activities you propose. Fill, grading, single family homesite construction. This will be very simailar to the other recently constructed or under construction homesites in this community. Land disturbance and building permits will be obtained through Currituck County after the CAMA Major Permit issues and before construction. There is no fill proposed in coastal wetland areas. e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 8,708 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. minor runoff 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 j. Is there any mitigation proposed? ®Yes []No [INA If yes, attach a mitigation proposal. fi — 6tt11Lga � jIL44110] 252-808.2808 .. 11-888-4RCOAST .. www.nccoastalrnanagement.net DCM—EC Form DCM MP-1 (Page 4 of 4) APPLICATION for <Form continues on baclo Major Development Permit 6. Additional Information In addtion to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for fhe application package lobe complete. Items (a) — Mare always applicable to any major development application. Please consult the application instruction booklet on haw to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name David and Joan Normandy-Dolberg Phone No. Address 10721 Sandy Run Trail, Fairfax, VA 22039 Name Jason and Stacy Slultz Phone No. Address 1689 Green Milli Rd., Finksburg, MD 21 D48 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pemiittee, and issuing dates. High Density SW Permit, NCDEMLR (SW7050220), re -Issued 217120 CAMA Major Permit for Community Pier and Breakwater Strucures (129-09), 9118/09 In. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and Intel 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 th The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 10tAu + 1 Print Name griAn f�"bkv%o $A.uoG.P.C- — Signature �— X5"'t for Debtiitz Gc� Please indicate application attachments pertaining to your proposed project. RECEIVED ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information OCT 12 2021 252-808-2808 .. 9.888.4RCOASI" .i www.nceoastalmanagement.n c Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ram P Rock Groin Rock (excluding Breakwater shoreline NWL) stabilization Length Width vg. Existing Depth N A NA Final Project Depth N A NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated Include coastal wedands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL ❑None (II) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (II) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom ISB), 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. (1) Will a disposal area be available for future maintenance? ❑Yes ONO ❑NA (ii) If yes, where? f. (1) Does the disposal include any area in the water! ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED OCT 12 2021 252-808-2808 :: 9.888-4RCOAST :: www.nccoastalmanagement.neR re a :92I2.ir08 Forth DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: vouirtneaa uniprap LiBreakwater/Sill ❑Omer: c. Average distance waterward of NHW or NWL• e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfillRiprap Breakwater/Sill_ Other I. Source of fill material. Width: _ d. Maximum distance waterward of NHW or NWL: f. (i) Has mere been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTFMIES (Excluding Shoreline Stabilization) ❑This section noapI c a. (i) Will fill material be brought to the site? ®Yes []No If yes, (it) Amount of material to be placed in the water none (ill) Dimensions of fill area 3,752 SF (IV) Purpose of fill Proposed single family residence. 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fencing, grading, and seeding. c. (1) Will nwAgationa®NA be required as a result of the project? ❑Yes No (ii) If yes, explain what type and how they will be implemented. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shelf bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB _ OWL 3.752 []None (Ii) Describe the purpose of the fill in these areas: Proposed single family residence. b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Dumptruck, skidsteer d. (i) Will wetlands be crossed in transporting equipment to project site? Dyes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 10`l1 k-7.021 i bor't AO DaL4j 3$ ra\kA V0. Applicant � Project Name 252.808-2806 :: 1-888.4RCOAST :: www_nccoastalman4aement.net revised; 12/26/06 DCM—E V Form DCM MP-3 RECEIVED UPLAND DEVELOPMENT NOV 3 - 2021 (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete DGk4tellib tl;te Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 Single family residence, c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. 1 unit only 8,708 SF total e. Ifthe proposed project will disturb more than one acre of land, the I. List the materials (such as marl, paver stone, asphaft, or concrete) Division of land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing Concrete, roofed structure activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ONO ®NA (it) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Slormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of orparking. Water Quality for review? 5.7% ®Yes DNo DNA 1. Give the percentage of the entire tract to be covered by impervious (ii) If yes, list the date submitted: See HD Permit enclosed and/or built -upon surfaces, such as pavement, building, rooftops, (SW7050220) or to be used for vehicular driveways or parking. 43.2% j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received stale or local Central/Community wasterwater treatment facility approval? ®Yes ONO DNA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, 'wash down" and residential discharges). ®Yes ❑No DNA All imperviouse surface runoff will be directed to the If yes, attach appropriate documentation. permitted SW system 252-808-28082 :: 1.888-4RCOAST ;; wwy nccoas4almanagement,net revised: 12/26/06 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. Forays 0CM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Currituck County Municipal Water o. When was the lot(s) platted and recorded? 2007 Date Low- 35 Corokks Q% Pro)ect Name �— Wb1a< �t Name tp.nt7 ► �� ls�.b� � ASJac . �Rc . Applicant Signature AIVA% n. (i) Will water be Impounded? ❑Yes ®No ❑NA (II) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ®No ❑NA RECEIVED OCT 12 2021 DCM-EC 252-808.2808 :: 1.888.4RCOASY :: vwww.nccoastalmanayement_net revised: 12/26/06 )75° 51' 00.00" W ( p 075* ®' (�L�\A71�ll�Uy®vpncr P.C. Associates, Jl C ENGINEERING a CONSULTING a PLANNING ENVIRONMENTAL SCIENCES • SURVEYING Photo: (252) Mn-3500 Pan (252) 261-1280 Y7ab: aw,aW0la,eem Declination N Z 0 o 0 N to 0 east Pond. MN 10.81° W )75" 51' 00.00" W Name: MOSSEY ISLANDS Date: 07/22/20 Scale: 1 inch =2,000 ft. DatumNAD27 I R NED i I O�T i . 20i1 » h -Fac i! 075" 50' 00.00" W 075' 49' l° Z 0 SCALE 1:24000 0 0 0 1 MILE 0 N 0 1" YARDS tD 0 0 1 KILOMETER 075" 49' 00.00" W Location: 0360 21' 17.48" N 0750 49' 38.72" W of Idly, a M'd r �6 r., 1 1° I•f a�J�Jlie KQ/ / �0i 1 G N _ YB$714 1I I vLU 44 iU O of �.s 's ON A g m m m m m m m m N NN NN NNNNN V so ai'r3UUUUU� \\ WOI�MNI� 00 00 m 00 01 01 m N TOI Of (TT Oi�p� W _ PH ISrBf i3 W 5� Y� �E44 i Y gg E 55gH:g 4� fi g�[gYHd €i ' 1 � pp}ji}BR:S 8♦ T3E�i49C € :: 9 9/24/21, 10:36 AM Submission Completed DWR Pre -Filing Meeting Request Form Contact Name" Contact Email Address* Project Owner' Project Name' Project County* Owner Address: Is this a transportation project?" Brian Rubino brubino@quible.com GA 1 1*0 NOHIN CARVLINA FnH�cnnmulQuaNry Existing owner: CB 980, LLC; Applicant/Contracted Purchaser: Debbie Gabbert Lot 35 Corolla Bay Currituck Sheet Address 6 Palmetto Ln. Address Line 2 City Southern Shores Postal / Zip Code 27949 Type(s) of approval sought from the DWR: 401 Water Quality Certification -Regular Individual Permit Shoreline Stabilization Does this project have an existing project ID#?` Yes No Yes No State / Province / Region NC Country United States 401 Water Quality Certification - Express Modification Do you know the name of the staff member you would like to request a meeting with? Chris Pullinger Please give a brief project description below and include location information." This is Section 404 wetland fill request for Lot 35, Corolla Bay. The applicant is Ms. Debbie Gabbert who has this lot under contract. During her due diligence period, she is seeking assurance that a minor amount of Section 404 (non -coastal) wetland fill can occur for a single family homesite as shown on the plan. This is a similar process to several other lots in this development that obtained a Nationwide 18 permit with DWR notification. The difference with this one is that this area of fill is partially within the 75 It CAMA AEC which requires a CAMA Permit as opposed to just a Nationwide Permit. There would be no fill within the 30 ft buffer and no fill of coastal wetlands. REC' I V E D OCT 12 2021 https:/Iedoa.deq.nc.gov/Forms/Form/Submit C M 1/2 9/24/21. 10:36 AM Submission Completed By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature" AY hle?1161 _ l< fe;114 Submittal Date 9/24/2021 RECEIVED OCT 12 202' https://edocs.deq.ne.gov/Forms/Form/Submit 2/2 ?he Great Dismal Swamp RestorationBank, LLC P. 0. Box 6186 Phone (757) 487-3441 Chesapeake, VA 23323 Fax (757) 487-8680 September 23, 2021 Mr. Brian Rubino Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 Permittee: Debbie Gabbert Project: Lot 35 Corolla Bay Dear Mr. Rubino: The following price quote is given in reply to your request for the purchase of 0.09 Riparian wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp Restoration Bank - Timberlake Farm. These credits are currently available from our Timberlake mitigation bank. The cost will be Three Thousand, Six Hundred Dollars ($ 3,600.00). This quote will expire on December 31, 2021. You will need to submit to the USCOE the necessary application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank. To complete this transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following information: Corps Project p: Wetland Type: Riparian Permittee Name: Locality of Impact: Corolla, NC Impacts (acres/linear feet): 0.09 Impacts Hydrologic Unit Cade: 03010205 River Basin: Pasquotank Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or pricing of this agreement, unless necessary for regulatory matters. Information contained herein shall be held in the strictest confidence. Thank you for allowing us to quote this project. We look forward to working with you. Sincerely, _ 4everly M W Ite Manager- counting / Sales GDSRB CC: File r �V" OCT 12 2021 wr\ 11JLu r- V -tL-t - -tL r `-t) tdlJ%itr % `tvv I .J This Document eRecorded: 03/23/2020 09:18:09 AM Tax: $154.00 Fee: $26.00 Currituck County, North Carolina �0 Denise A. Hall, Register of Deeds � 1, Currituck anty Land Transfer Tax: 770.00 County Excise Tax: 1985 Sessions Law Chapter 670 (HB 215) This certifies Qt ]here are no delinquent taxes which the Currituck County Tax Collector is charged with collecting, that are lien on a property described in this deed, as of the date of this certification. Date: 03/23/20 ax Collector/Deputy/Clerk: Deanna Spruill SPECIAL WARRANTY DEED Parcel: 115'000350000 OCT 12 2021 Revenue StamR-5$154.00 ❑ If checked e property includes the primary residence of at least one of t6 — (, depicted as party of the first part. (N.C. Gen. Stat. § 105-317.2) STATE OF NORTH Ct,OLINA COUNTY OF CUR" THIS SPECI* WARRANTY DEED, made and entered into this theOVNday of March, 2020 by and betwe8x\NORTHEASTERN NORTH CAROLINA PROPERTIES COROLLA SOUNDSH)E, LLC�. North Carolina Limited liability company, party of the first part (the address of the parties of 9!Pst part is: 6001 Harbour View Blvd., Suffolk VA 23435); and CB 980, LLC, party of the second part (the address of the party of the second part is: W I Vill E S S E T H: That the party of the first part*onsideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable c�derations paid to the party of the first part by the party of the second part, the receipt and suffici I&r y of which hereby are acknowledged, has Prepared by Ward and Smith, P.A., 127 Racine Drive, ULt Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 1�) Please return to Gray & Lloyd, LLP Q Attention: E. Crouse Gray, Jr. No opinion on title is rendered by Ward and Smith, P.A., withoLN&scparate written opinion on title from Ward and Smith, P.A. l +1 This instrument prepared by Samuel B. Franck a licensed North Ca��jida attorney. Delinquent taxes, ifany, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. submitted electronically by "Gray 6 Lloyd, LLP" ((''�� in compliance with North Carolina statutes governing recordable docwrcgnts and the terms of the submitter agreement with the Currituck county a g ster of Deeds. f. LJI\ I.JGV r V `tGY - 'tL I 1'Y J LJV \itr JY.70 l ,J E CsLIVIE-® OCT 1 2 2021 DCM-EC d granted, wined, sold and conveyed and by these presents does grant, bargain, sell and convey unto the paSf the second part, said partys successors and assigns, the following described property to wio Al at certain tract or parcel of land lying and being situate in Cumtuck County, North Carolina, and being more particularly described on Exhibit A attached hereto and incorporated herein by This convoiSance is made subject to easements of record or on the ground, reA tive covenants of record, zoning ordinances affecting the,,ftperty, matters of record and of survey as of December 3, ", and valorem taxes for the current year, which taxes the party Ahe second part, by acceptance of this deed, does agree to pay. 0 TO HAVE AND T40LD said property and all privileges and appurtenances thereunto belonging to the party of the second part, said party's successors and assigns, forever. And the party of the firstli� covenants that said party has done nothing to affect such title to the aforesaid property as was r(dje,ived by said party and, subject to the matters set forth above, agrees to warrant and defend the-je to said property against the lawful claims of all persons claiming by, through or under said p ``arid jut no further. IN TESTIMONY WHEREOF, the Arty of the first part has caused this instrument to be executed under seal in such form as to be binding, this the day and year first above written. G NOR TE *ORTH CAROLINA (SF,AL) PROPE TIES C t o SOUNDSIDE, LLC By: Name: Charlie Maiorana (Z Title: Manager O mil, Ur\ 104V f V YLY - YLI 1Y) LW%J%,?' 0`tv7I J STATE C;4-4 Y I certify that, t i that he signed 0( therein: Charlie 1 Soundside. LLC IB C'EIVE _ OCT 1 2 2021 person personally appeared before me this day, acknowledging to me g document for the purpose(s) stated therein, in the capacity indicated Date: 3)-& lu?A-. (�A ri �O `\I VIII 120526-00005 ND: 4818-5010.5270, v. 1 Signature Notary's printed or typed name My commission expires: r within this box. U1\ I J4U r- V 'fG't - `te- l k-tj IJV lirf J'f.7.71 J EXMBIT A O C� All that certain tract or parcel of land lying and being situate in Currituck County, North Carolina, and being more particularly described as follows: jhat certain lot or parcel of land designated and being Lot 35, as shown on that map or plat e ed in part "Monteray Shores P.U.D. Phase III Corolla Bay, Poplar Branch Township, ck County, North Carolina" by Coastal Engineering & Surveying, Inc. as recorded in Plat Cabinet J, Slides 198 through 200, Currituck County Public Registry, reference to which is hereby made f6 more complete and concise description of the lands being herein conveyed. O ff.. OECI � tt-��OCT 1 4u21 10 \'11` V\` 4� MAJOR PERMIT FEE MATRIX Applicant: Debbie Gabbert Selection Development Type Fee DCM % DWQ % (14 000 1 00 4435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands 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 - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff 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) 4097 (see attached) cannot be applied: IV. For development that ❑ involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: NC Division of Coastal Management Cashier's Official Receipt 15163 (�)B C D Received From [: _ (3 `� I / Permit No.: ` AM Applicant's Name: De�� Project Address: Please retain Signature of Agent or Applicant: Date: - �aS , 20 �� $ I(C)Q. cc) '7� ,- Check No.: v TL I /,, County: K.f y' �z,, k for your records as proof of payment for permit issued. Date: Signature of Field Representative: :X01/ VQ.4 Date: wn wrw Cf1 e8 6 E N ❑0000- ]OO 0O O C3 o 0 0 .Il N r3 O � Er ri O (f) w` % W J!� O LL99 2562. 0000 09TO 6TU GOO 00 goo ❑oott� t` An N tU o O Ln = co [f ® m M1 e O $ O 0 00 o, o rn _co o m o i ® NO O m 0" 0 Ei r 0 rn m r 0959 256E 0000 09T0 6TOL Quible Quible & Associates, P.C. ENGMERNG • ENV"MENIALSCIENCES • PLANNING • SUNEYNG SINCE 1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED October 11, 2021 David and Joan Normandy-Dolberg 10721 Sandy Run Tr. Fairfax, VA 22039 RE: CAMA Major Permit Lot 35 Corolla Bay Mr. and Mrs. Normandy-Dolberg: P.O. ) a 870 Kitty Hawk, NC 27949 Phone: 252-49"147 Fox: 252-091- W web: cpbe om As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a CAMA Major Permit. As depicted on the accompanying site plan, the proposed work requiring a CAMA Major Permit includes a single family residential homesite that involves fill within the 75 It CAMA Area of Environmental Concern. Should you have no objections to this proposal, please check "I have no objection to the project as described". Please also fill out the owner contact information at the bottom of the page and sign, but the waiver line is not applicable since no work is being proposed in the water within close proximity to your property. Please return this statement to Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949 as soon as you can. You can mail the original back to me or you can scan and email back to brubino@guible_com . I can also be reached at 252-491-8147. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mr. Robert Corbett, 401 S. Griffin St., Suite 300, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible `- and Associates, P.C. q T'� OAP- Brian Rubino RECEIVED OCT 12 2021 ®CiM-EC Quible Quible & Associates, P.C. ENGINES" • ENNRONMENIAL SCIENCES • PLANNING • 8l HYING SINCE 1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED October 11, 2021 Jason and Stacy Stultz 1689 Green Mill Rd. Finksburg, MD 21048 RE: CAMA Major Permit Lot 35 Corolla Bay Mr. and Mrs. Stultz: P.O. 0rawer 870 plty Hawk. NC 27949 ft a :252-491 8147 FW: 252-491-a145 web: q,Jde.w RCrIVED OCT 12 2021 ®LsI -EC As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a CAMA Major Permit. As depicted on the accompanying site plan, the proposed work requiring a CAMA Major Permit includes a single family residential homesite that involves fill within the 75 ft CAMA Area of Environmental Concern. Should you have no objections to this proposal, please check "I have no objection to the project as described". Please also fill out the owner contact information at the bottom of the page and sign, but the waiver line is not applicable since no work is being proposed in the water within close proximity to your property. Please return this statement to Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949 as soon as you can. You can mail the original back to me or you can scan and email back to brubino@qqible.com. I can also be reached at 252-491-8147. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mr. Robert Corbett, 401 S. Griffin St., Suite 300, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. I un (6P,ul,,-, Brian Rubino DATE: 1011112021 NAME Quible & Assoc., P.C. (Attn: Brian Rubino) P.O. Drawer 870 CITY: Kitty Hawk ST NC ZIP 27949 RE: Lot 35, Corolla Bay __._(PROJECT NAME) To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Debbie Gabbert is applying for (insert property owner name or company) a CAMA Major permit to Construct a single family home on Lot 35. This includes lot fill and coverage {Insert project description) within the CAMA 75 ft AEC and minor 404 wetland impacts as shown. on property located at 980 Cruz Ct., Corolla, Currituck County, INC (Insert property address / county) which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. It you have no objections to the proposed activity, please mark the appropriate statement below and return to: Quible & Assoc, P.C., Attn: Brian Rubino (insert name of responsible party) as soon as possible. If no comments are received within 30 days of receipt of this notice, it 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 252-491-6147 (Insert phone number) or the Division of Coastal Management at 252- 264-3901. RECEIVED Sincerely, If O V 3 2021 Brian Rubino rf--Ci//�� w_ INSERT7;��4.have DCM—EC no objection to the project as described. I have objection(s) to the project as described. WAIVER SECTION I understand that a pi k ru Jun pilings, boat ramp, breakwater, boathouse, lift, or groin must be se ack a m' ' m isiance of 15' from my area of riparian access unlless If ou wish to waivehesetba must initial the appropriate blank below.) v+ish to waive the 15' setback requirement. �HS�n1 c>iV" Print Name Signature of Owner ((08`( r��rN Msac Q-01 Mailing Address and/or Email Address I do not wish to waive ( 6 —L6--2 Date C//D gS76 I( l Phone Number ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Acting Director Corolla Bay HOA, INC. Attn: Louis Roussos PO Box 144 Kill Devil Hills, NC 27948 NORTH CAROLINA Environmental Quality February 7, 2020 Subject: Stormwater Permit No. SW7050220 Corolla Bay Residential High Density Subdivision Project Currituck County The Washington Regional Office received a complete Stormwater Management Permit Application for the transfer of ownership of Corolla Bay Residential from Northeastern North Carolina Properties Corolla Soundside, LLC to Corolla Bay Homeowners Association on January 13, 2020. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7050220 dated February 7, 2020, for the subject project. This permit shall be effective from the date of issuance until rescinded, and shall be subject, to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Maif Service Center, Raleigh, NC 27699- 6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact me at (252) 946-6481. Sincerely, William Carl Dunn, PE Environmental Engineer cc: Louis Roussos (Louis.roussosOtownbank.net) Charlie Maiorana (Charlie.Maiorana@townbank.net) Washington Regional Office RECEIVED O C T 12 2021 North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Corolla Bay Homeowners Association Corolla Bay Residential Currituck County FOR THE cM3truction; operAtign`.grid maintenMde_of a wet detention pond_in compliance with the provisions of 15A NCAC`241000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral, and Land Resources (Division) and considered a part of this permit for Corolla Bay Residential Subdivision, located at Corolla, NC. This permit replaces all previous stormwater permits for this project, and shall be effective from the date of issuance until October 29, 2022 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The subdivision is permitted for 49 lots, each allowed (See Attached Table) square feet of built - upon area, with total built -upon area coverage of 58.6%. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. RECEE:IVEL7 O C T 12 2021 DCM-EC 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 12.3 (535,788 so b. Total Impervious Surfaces, ft2: 313,747 C. Pond Depth, feet: 3.50 d. TSS removal efficiency: 90% e. Design Storm: 1.0" f. Permanent Pool Elevation, FMSL: 5.50 g. Permitted Surface Area @PP, ft2: 52,856 h. Permitted Storage Volume, ft3: 164,997 i. Storage Elevation, FMSL: 6.04 j. G.ontrojling Orifice;- 5" 0 pipe k. Receiving Stream / River Basin: Currituck Sound / Pasquotank River Basin I. Stream Index Number: 30-1 m. Classification of Water Body: "SC" II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. OCT 12 2021 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. B. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7050220, as issued by r— RECE--IVED OCT 12 2021 the Division of Energy, Mineral, and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral, and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral, and Land Resources. f. The maximum built -upon area per lot is (See Attached Table) square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond. or street. Lots that will naturally drain into the system are not required to provide these measures. i' Built -upon area in excess bf the permitted amount will require a permit modification. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 14, Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 15. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. OCT 12 2021 ®CM -EC e. Maintenance of side slopes in accordance with approved plans and specifications. I. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 16. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 17. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division accompanied f Y appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed O� perafjon and Maintenance plan. The project must be in good standing with' EMLR. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours. R E CEIVF ]D 0 C T 12 2021 DCM-EC 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the project. 10. This permit shall be effective from the date of issuance until October 29, 2022. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Permit issued this the 7th day of February, 2020. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION For Brian Wrenn, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW7050220 DO 1 2 2021 [)CM -EC COROLLA BAY STORM WATER MODIFICATION FOR 2017 Phase Lot # Area (sQ Acres % covg Impvs. Covg. 1 1 12,179 2.80 36% 4,263 Il 2 8,000 0.18 45% 31600 it 3 8,000 0.18 45% 3 600 II 4 7,965 0A8 45% 3,584 II 5 8,000 0.18 45% 3,600 11 6 8,000 0.18 45% 3.600 II 7 1 7,736 0.18 45% 3,481 I 8 7,500 0.17 45% 3,375 I 9 7,927 0.18 45% 3,567 1 10 8,772 0.20 45% 3,947 1 11 19,729 0.45 35% 6,905 1 12 15,050 0.35 35% 5,268 I 13 14,952 0.34 35% 5,233 I 14 18,424 0.42 35% 6,448 1 15 17,077 0.39 1 35% 6,977 I 16 21,B77 0.50 35% 7,657 I 17 19,307 0.44 35% 6,757 I 18 14,991 0.34 35% 5,247 I 19 16,084 0.37 35% 5,629 1 20 16.070 0.37 35% 5,625 1 21 16,032 0.37 35% 5,611 I 22 15 208 0.35 35% 5,323 I 23 16,268 0.37 35% 5,694 I 1 24 25 15,368 16,B46 0.35 0.39 35% 35% 5,379 5,896 I 26 17jil 0.39 35% 5,989 I 27 17,074 0.39 35% 5,978 I 28 16,956 0.39 35% 5.935 I 29 16,838 0.39 35% 5,893 I 30 16,722 0.38 35% 5,853 I I 31 32 16,604 16,486 0.38 0.38 35% 35% 5,811 5,770 i 16,331 0,3733 36% 5,716 I 34 15,600 0.36 35% 6,460 I 35 16,510 0.38 35% 5,779 36 1 14,243 0.33 35% 4,985 1I 37 12,501 35% 4,375 II 61 23,468 35% 8.214 11 62 9,828 35% 3,440 II 63 10,710 35% 3,749 II 64 10.080 35% 3,528 II 65 9,381 45% 4,221 II 66 9,289 . 45% 4,180 II 67 9,328 0.21 1 45% 4,198 11 68 1 9,367 0.22 45% 4,215 [I 69 9,374 0,22 45% 4,218 II 70 9,522 0.22 45% 4,285 II 71 9,618 0.22 45% 4,283 11 72 9,598 0.22 45% 4,319 RECE-I°Y E.-.'D BET 12N21 Total 659,800 SF 245,658 sf TOTAL RESIDENTIAL LOT COVERAGE 37.23% COROLLA BAY ITEMIZED AREA RATIONALE: Residential Lots 659,800 Right of way area West Side NC12 72,462 Open Space #1 80,358 Open Space #2 61,508 Open Space #6 292,844 Total Area 1,166,972 sf COVERAGE: Residential Lots 245,558 Ri ht of way(Roadway& Sidewalks 72,443 Total Area 318,101 sf RECEN :. OCT 17, 2021 DCM-EG - j h:' °IS'Yf� YTJ 1'�i �'�, �% �`ei� /t`—v! 1, fe t .:'e+!!'f a ' gfll'." �''`r'r- Ay{r,+\.�y,�s � •`(j3 ',/'lyq�,/,i f I /tf, sit r514. r , iri l�Yi �fr V" 3 3 .E! r f f Li ll `-4.4� - 1pRL' i Y s�Z r r1 Zii.. 1 x 3 �. , ; � � � 1 1 ._ djr, it^G k ti�� /rF �ivy"'2• . � � a s: '. � � Y •. t n s s 1 �?'t�if`�i h- c t�' r r '"'ter � 4 ~ � , 1 r4pmv `; i t> O 3 r - !if�/I�'. ■ ix- � r �i� c � ; t s s ( e e a xS`� il Yn*yr-k�+�i\ i} .. Yl 1 p �. i C � f�f � F: �' �� '� .r �� �? f i Y s� � A l l i•� .: o � � {. � tL, R' / .. J� �j� f Le�(i b;t ry 4" i:',& r:� s p� e.. �..,�,Yx.Y7 � 'E ..Y1�='. ,� � � �.A � � � { 1 . 4 d' ���Z._ �A . i.p, /: I�;. k� i\ i54 �f �, it u l�ryt. � r ..:. '#�', I e, 5 c.: � � a i �y tom} �, i �= j � fi. � ej �'.` try ''. � f a,. } r'� II � d9�. , t .� R � A ����� �., ; f � ��e. 4 ��� }y w, • .,��, �. ���.f �_ ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director M10503IRA e110kTJ NORTH CAROLINA Environmental Quality MEMORANDUM TO:Gregg Bodnar, Assistant Major Permits Coordinator THROUGH:Ron Renaldi, District Manager � t FROM:Robert Corbett, Field Representative R Oc' DATE: November 10, 2021 SUBJECT:Debbie Gabbert Major Permit Recommendations The applicant proposes to clear, fill, and grade with the intent to construct a single family dwelling, with a pool enclosed by concrete and wood decking, and a concrete driveway, within the CAMA Estuarine Shoreline AEC that involves USACE 404-wetland fill. The site of the proposed development is located at 980 Cruz Bay Court, Lot 35, Corolla, Currituck County, N.C. 27927, adjacent to the Currituck Sound. The development proposal involves the Estuarine Shoreline (ES) Area of Environmental Concern (AEC). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 1 SA 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, mitigate or reduce adverse impacts of development'to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal oawM.maemrmmmu�audb\ North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 301 1 Elizabeth City. North Carolina 27909 Gregg Bodnar, Assistant Major Permits Coordinator Debbie Gabbert Major Permit Recommendations January 27, 2020 Page 2 wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Debbie Gabbert Major Permit Recommendations January 27, 2020 Page 3 (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high-water level: Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a permit be issued to Debbie Gilbert, provided the USACE approves the 404-wetland fill. Regulatory Division SAW-2022-00744 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: RECEIVED MAY 2 2022 PAP SECTION MID Reference the application of Ms. Debbie Galbert to fill approximately 3,752 square feet of jurisdictional wetlands for the purpose of constructing a single-family residence at 980 Cruz Bay Court, in Corolla, Currituck 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. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 3. 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. MAY 2 2022 4. Except as specified in the plans attached to this permit, no excavation} ECTION WD mechanized land -clearing activities shall take place at any time in the constrn maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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). 11. 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. 12. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Copies Furnished: Mr. Paul Wojoski North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Sincerely, Josh Pelletier Regulatory Project Manager M AY 2 2022 Type text here Y0 sr�C-T0ON MHD U.S. ARMY CORPS OF ENGINEERS ITA"li) Wilmington District Compensatory Mitigation Responsibility Transfer Form MAY 2 2022 Permittee:Debbie Galbert Action ID: SAW-20 �� 4 Project Name: Galbert, Fill County: CurrituckWffi °tErMON MH D Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03020105, Pamlico Sound Stream Impacts (linear feet) IWetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal .09 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020202, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool F Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 18 Mitigation Site Debited: GDSRB- Timberlake Farm (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 September, 2017 U.S. ARMY CORPS OF ENGINEERS Wilmington District Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed'and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105, Wake Forest NC 27587 (email. todd.tugwell@usoce.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Josh Pelletier RECEIVED USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: josh.r.pelletier@usace.army.mil Project Manager Signature MAY 2 2022 April 21, 2022 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 1 of 2 Form Updated 14 September, 2017 PRELIMINARYFOR CAMAPERMITTINGONLY