Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
99-16 Allis Holdings LLC
Pernut Class Permit Number `NEW �. 99-16 STATE OF NORTH CAROLINA - De artment of Environmental uali. :- -and Coastal Resources Commission. Vermtt t. . for X Major Development in an Area of Environmental Concern y pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Allis Holdings, LLC,135 Bayberry Trail, Southern Shores, NC 27949 Authorizing development in Dare County at adjacent to Currituck Sound, at 1240 Duck Road, rin the Town of Duck, as requested in the permittee's application dated 6/13/16, including attached drawings (3);;1-3 of 3 dated revised 7/13/16. This'permit, issued on October 19, 2016 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. ` Docking Facility This permit authorizes the construction of the pier and walkway, and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheet for Additional Conditions) `This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the r.. ; t' .qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. This permit must be accessible on -site to Department i personnel when the project is inspected for compliance. L' ��. Any maintenance work or project modification not covered Eraxton<< t avis, Director hereunder requires further Division approval. 4 :vision of Coastal Management .All work must cease when the permit expires on This permit and its conditions are hereby accepted. 's, ::.•.' December 31, 2019 •. - "In issuing this permit, the State of North Carolina agrees that ,:your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Holdings, LLC r Permit No. 99-16 Page 2 of 3 " ADDITIONAL CONDITIONS - 3) _ This permit authorizes a maximum of six (6) formalized boat slips. Any portion of the permitted access pier or walkway built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. To minimize impacts to bottom habitat and SAV disturbance, railings shall be installed along the length of the authorized pier to discourage vessel dockage in areas where slips are not authorized. The permittee shall maintain the authorized work in goodconditionand in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make it more visible during hours of darkness or inclement weather. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. General )' The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 1 i) 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. 1;2),: This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. )TE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 1980002.91 and assigned SAW 2016-01897. The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 20160748. GS Applica DIVISION OF COASTAL MANAGEMENT 9 Application Processing Notes Type: (check all that apply) New Major Mod_ Permit#_ Minor Mod_ Renewal_ Transfer Permit Coordinator: Field Represe Date Time Message qCJ-�u b12/ke ta%" ItJ FiVA 2tv, - AUIE4 a'AjA 44 Yi 1~' rwiifi'ca�f>r,s �r ILAL I�eVlS Utt{d o1n 1�U'-1 fov-n . S+�Y� 9� ",°fi °"dj• r7 W'11� Sec T _ u cwoi UA Tin o-E D IC V�W\ red, ��x Wad 1 {6r UM cowlS� kaw41truuyed fesense plany�are Joe fCuard, r-w+ T iq io�O/I� lot L� t Class Permit Number 7_7-NEW 99-16 STATE OF NORTH CAROLINA — •Department of Environmental Quality --- and .K Coastal Resources Commission VerM' it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Ito— Allis Holdings, LLC,135 Bayberry Trail Southern Shores NC 27949 irizing development in Dare County at adjacent to Currituck Sound, at 1240 Duck Road, Town of Duck, as requested in the permittee's application dated 6/13/16, including attached drawings 3 of 3 dated revised 7/13/16. Chis;permit, issued on October 19, 2016 is subject to compliance with the application (where consistent vith;the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ie'subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility ..I) This permit authorizes the construction of the pier and walkway, and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. -2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheet for Additional Conditions) ` . This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the -qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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, 2019 In issuing this permit, the State of North Carolina agrees that ,our project is consistent with the North Carolina Coastal ✓Ianagement Program. 9 Braxton i avts, Director d ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Holdings, LLC Permit No. 99- Page 2.of 3 - r ADDITIONAL -CONDITIONS 'This ' This permit authorizes a maximum of six (6) formalized boat slips. 1' Any portion of the permitted access pier or walkway built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. To minimize impacts to bottom habitat and SAV disturbance, railings shall be installed along the length of the authorized pier to discourage vessel dockage in areas where slips are not authorized. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the ;r Y permitted activity without having it transferred to a third party. 7) 'The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make it more visible during hours of darkness or inclement weather. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. General 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 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. ). This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. UTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals orauthorizations that may be required. The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 198000291 and assigned SAW 2016-01897. The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 20160748. Received PROJECT NARRATIVE JUN 2I 1016 CAMA MAJOR PERMIT — Water Front Shops 1240 Duck Road, Duck, Dare County DCM-EC June 13, 2016 LOCATION OF PROJECT: The project is located at the Blue Point Restaurant within the Water Front Shops commercial buildings. The subject property is located adjacent to the Currituck Sound in Dare County, North Carolina. PROJECT DESCRIPTION: The subject property is comprised of retail stores and restaurants. This CAMA major application is being prepared for the construction of a 180' pier with 6 boat slips and a 40' platform. In addition, the existing walkway at the Water Front Shops will extend 72' to the pier and provide access to the north side of the Blue Point Restaurant. On June 7, 2016 Atlantic Environmental Consultants (AEC) staff evaluated the project area for the presence of coastal wetlands and submerged aquatic vegetation (SAV). This evaluation found there to be coastal wetlands and the SAV Eel grass (Zostera marina) in the project area. AEC estimates the pier and walkway will be constructed over 150 square feet of coastal wetlands. Field measurements estimate the density of the SAV growth to be between 50%-60% and extend west of the shoreline approximately 120' at the project location. It is estimated that the elevated pier and walkway will be constructed over 420 square feet of SAV. The proposed pier will tie into the existing bulkhead and there is no upland development or impervious surfaces proposed for this project. DETAILS FOR PROJECT: Proposed structures within Public Trust Waters: Walkway& Stairs.............................................................6' x 72' Pier.......... .... ......................................... ........................ 6' x 180' Platform.....................................................................6' x 40' Total: 1,752 sf RECEIVED AUG 0 8 2016 DCM- MHD CITY IN MF-1 APPLICATION for Keceiaeu Maier Development Permit {JUN a l 2016 (last revised 12/27106) .'t. C MI-FC, North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Allis Holdings, Llc Project Name (W applicable) Water Front Shops Pier Applicant 1: First Name Jim MI Last Name Braithwaite Applicant 2: First Name MI Last Name If additional applicants, please attach an addiflona/ page(s) with names listed. Mailing Address 135 Bayberry Trail PO Box City Southern Shores State NC ZIP 27949 Country USA Phone No. 252 - 202 - 2107 ext. FAX No. Street Address (ff ddferent from above) City State ZIP Email bgblueheron@aol.com 2. AgentContractor Information Business Name Atlantic Environmental Consultants, Lk Agent/ Contractor 1: First Name MI Last Name Doug A Dorman Agentl Contractor 2: First Name MI Last Name Mailing Address PC Box City State P.O. Box 3266 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261- 7707 sod. 252 - 599 - 2603 ext. FAX No. Contractor 0 >. 252 261 7707 Street Address (d different from above) CRY state ZIP , Email �- dougdaec@gmail.com W It f s Z <Form continues on back> Q Form DCM MP-1 (Page 2 of 4) Received APPLICATION for JUN 2 1 210116 Major Development Permit Mf%RA Cf% 3. Project Location County (can be multiple) Street Address State Rd. # Dare 1240 Duck Road NC 12 Subdivision Name City State Zip None Duck NC 27949- Phone No. Lot No.(s) (d many, attach additional page with list) 252 - 202 - 2107 ext. N/A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Currituck Sound c. Is the water body ldent 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? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. The Town of Duck 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,648 linear feet 260,924 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water? or N/A, I I NWL (normal water leveq (If many lot sizes, please attach additional page with a list) T ❑NHW or ®NWL e. Vegetation on tract Black Needle Rush, Spartine sp., Wax Myrtle, Poison ivy. f. Man-made features and uses now on tract RECEIVE[ Commercial buildings, asphalt and concrete parking, bulkhead shoreline. AUG 08 2m g. Identify and describe the existing land uses adlece to the proposed project sks. DIM MHD Cl' Commercial retail and restaurants. h. How does kcal government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Commercial (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> ry Form DCM MP-1 (Page 3 of 4) IReceived APPLICATION !or JUN L l 2016 Major Development Permit m. (1) Are there wetlands on the site? ®Yea ❑No (ii) Are there coastal wetlands on the site? ®Yes [:]No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Onsite LPP septic system o. Describe existing drinking water supply source. Public water supply p. Describe existing storm water management or treatment systems. Retention pond and wetland BMP 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliclGovemmerd ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The pier will provide boat access to the north end of the Water Front Shops and the Blue Point Restaurant. The walkway will provide access to the north side of the Blue Piont Restaurant. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The pilings will be set using a barge and hydraulic pump. Contruction of the pier and walkway will be done with power equipment and hand tools. Tools and equipment will be stored onsite during construction. d. List all development activities you propose. Construction of a 180' pier with 6 boat slips and the continuation of the Water Front Shops walkway (72'). 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? None ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public acceeaway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None. No upland development. 1. Will wastewater or stomrwater be discharged into a wetland? ❑Yes ®No []NA UJco (' If yes, will this discharged water be of the some salinity as the receiving water? []Yes ❑No ®NA o N j. Is there any mitigation proposed? ❑Yes ®No ❑NAUJ If yes, attach a mitigation proposal. N o <Form continues on back> .Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6- Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to propedy prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such 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 Phantom Enterprises Phone No. Address PO Box 308, Youngstown, PA 15696-0308 Name Robert and Karen Segelken Phone No. Address 59 Samsondale Ave, West Haverstraw, , NY 10993 Name Dare County Manager- Bobby Outen Phone No. Address PO Box 1000, Manteo, NC 27954 g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, perniltee, and issuing dates. CAMA Minor Permit D-2016-348, 4/1&t6. Individual Permit SAW 201"1897 h. Signed consultant or agent authorization forth, I applicable. 1. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _6113/16 PrintName _Doug Dorman, Consultant Signature Received Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts JUN � 1 "rij;i( ❑DCM MP-3 Upland Development RECEIVED /E ®DCM MP-4 Structures Information DCM-EC AUG 0 8 2016 DIM MHE) --1 4 Received Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) JUN L 1 2916 D M-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Govemment ❑Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes []No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (11) Number 2 If yes: (iii) Length 180' & 72' (ii) Number (iv) Width 6 (iii) Length (v) Floating ❑Yes ®No (iv) Width _ (v) Floating []Yes ❑No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatlifts included? []Yes ®No If yes: If yes: (ii) Number 1 (ii) Number _ (iii) Length 49 (iii) Length _ (iv) Width 6' (iv) Width _ (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 6 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips') only, number of slips: 6 ❑ Dry storage; number of boats: ❑ Boat romp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 18_24' m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout, sailboat. I. (1) Will the facifddyy be open to the general public? Q ®Yes ❑No w U o N Q W a4 _ U V W a ' i2-Ju6-2808 :: 1-888-4RCOAG-1.; V�;.vvv,rri;coas2uieraanae�2_n+e;es,riv_r. Z DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable I a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ® Toilets for patrons; Number: 3; Location: Two at Water Front Shops, one at Blue Point Restaurant. I Iwceived ❑ Showers JUN 'L i 2016 ❑ Boatholding tank pumpout; Give type and location: 'j �NnM Ct/9 b. Describe treatment type and disposal location for all sanitary wastewater. 10C M-E `x' Onsite engineered LPP septic systems. c. Describe the disposal of solid waste, fish offal and trash. Any solid waste or trash can be disposed in the trash cans or dumpsters located at the Wier Front Shops. d. How will overboard discharge of sewage from boats be controlled? There will be no discharge from any boats using the docking facility. e. (i) Give the location and number of'No Sewage Discharge" signs proposed. None (ii) Give the location and number of'Pumpout Available" signs proposed. None I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and 'No Wake" signs proposed. N/A i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live -aboard dockage? No k. Describe design measures that promote boat basin flushing? N/A I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED No AUG 0 8 2016 m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No DCM— MHD CITY n awvv�w vv. JUN l 1 20i6 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ,!(' C M-EC ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 75 ®SAV ag ❑SB _ OWL _ []None p. Is the proposed marinaidocking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercal ❑PublidGovemment ❑Privatetcommunily (I) Number (III) Length _ (iv) Width _ Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. Ua rock groin, use MP-2, Excavation and Fill.) ®This section not applicable I a. () Number _ (il) Length (III) Width I & BREAKWATER (e.g., wood, sheetpile, eta) ®This section not applicable a. Length _ c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, orwellands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑Povatelcommunity C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing None 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) LJ LU > V o U o LU Ix Q r U 0 a. Proximity of structure(s) to adjacent riparian property lines 175' to the nouth (Phantom), 820' to the south (Dare County) Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 3.6 miles e. (1) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 735' d. Water depth at waterward and of structure at NLW or NWL 3.2' & OTHER ®This section not applicable a. Give complete description: 6/13/16 Date Water Front Shops Pier Project Name Allis Holings, LLC Applicant Name Applicant Signature Received JUN 2 3 :i;r,: DCM-EC RECEIVEp AUG 08 2016 DCM- MHD CITY DCM Coordinator: tX' Permit #:— MAILING DISTRIBUTION SHEET r21 DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead Cily Washington Wilmington US ACOE Offices: Washington: Raleigh Blandf William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Heide Cox (WIRO) Joey White (WARD) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ben Hughes DMFI Shellfish Sanitation: I Shannon Jenkins State Property: Tim Walton Water Resources: Karen Higgins (Raleio John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent #:, Coastal Management ENVIRONMENTAL QUALITY October 20, 2016 Allis Holdings, LLC 135 Bayberry Trail Southern Shores, N.C. 27949 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Setremry BRAXTON DAVIS Dirac er The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure c�. Sincerely, o� d A Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T G� Spears, Courtney From: Renaldi, Ronald Sent: Tuesday, August 02, 2016 4:54 PM To: Spears, Courtney Subject: RE: Allis Holdings App Hey Courtney, Cross out Segelken, I missed that. The only property they own in Dare County is a washed out Lot in Rodanthe (23268 Sudie Payne Road). Sorry about that. Ron Renaldi Field Representative NC Division of Coastal Management NC Department of Environmental Quality (252) 264-3901 ext. 237 office Ronald. Renaldi@ncdenr.gov 1367 US 17 South Elizabeth City, NC 27909 Nothing Compares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Tuesday, August 02, 2016 2:11 PM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Subject: Allis Holdings App Hi Ron, Just got the Allis Holdings, LLC app, and I noticed on MP-1 they listed 3 adjacent riparian property owners: 1. Phantom Enterprises, 2. Robert and Karen Segelken, and 3. Dare County Manager. I have green card photocopies for Phantom and Dare County, but I don't see anything for the Segelkens. Could you check to see if you have a copy? Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtnev.soears( ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 HT Regulatory Division Action 1D. SAW 2011-01897 Jim Braithwaite Allis Holdings, LLC Post Office Box 1544 Virginia Beach, Virginia 23451 Dear Mr. Braithwaite: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field office 2407 W 5' Street Washington, North Carolina 27889 December 13, 2018 In accordance with your written request of September 3, 2018, the completion date of your Department of the Army permit to fill 0.27 acres of jurisdictional wetlands to construct a parking lot located at 1240 Duck Road, just south of the Duck Waterfront Shops, west of NC Highway 12, adjacent to the Currituck Sound, in Duck, Dare County, North Carolina, is hereby extended until September 3, 2019. All other conditions of your permit remain in full force and effect. you for your time 5fid coopera on. a —permitted wor is not completed ompleteed on or before the date herein specified, the authorization, if not previously revoked or specifically further extended, will. cease and become null and void. Copies furnished: Mr. Doug Huggett Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Anthony Scarbraugh Division of Water Resources Department of Environmental Quality 943 Washington Square Mall Washington, North Carolina 27889 Sincerely, —by, /�' 4'.' David M. Lekson, PWS Chief, Washington Regulatory Field Office Wilmington District RECENED DEC 13CM.M"t) CITY E DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Allis Holdings, LLC 2. LOCATION OF PROJECT SITE: The Blue Point Restaurant within the Waterfront Shops located at 1240 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. Photo Index — 2006: 186-7176 (K 4) 2000: 186-2181 (N 21) 1995: 185-1945 (G 4) 1989: 142-60 (D 6) 1984: not available 1978: 93-407 (R 20) State Plane Coordinates - X: 2957039 Y: 896778 Lat/Long: 36.1709910 N,-75.7571180 W Quadrangle: Jarvisburg, NC (L.R.) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7/21/2016 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete — 7/18/2014, Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Duck, NC CAMA Core Land Use Plan, Feb 2005 Land Classification from LUP - Commercial, Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW) and Coastal Wetlands (CW) (C) Water Dependent: Yes (D) Intended Use: Commercial/public use (E) Wastewater Treatment: Existing - Septic Planned — n/a (F) Type of Structures: Existing - Boardwalk, Multiple buildings/shops, paved parking areas Planned — Boardwalk extension and six slip pier/platform (G) Estimated Annual Rate of Erosion: n/a Source — n/a 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] nRFnGFn FILLED OTHER (A) Coastal Wetlands ±150 ftz (B) Shallow Bottom PTA, EW AEC's ±1,602 ft2 (D) Total Area Disturbed: 1,752 ft2 RECEIVED (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No AUG U S 2016 DCM- MHD CITY 1 Allis Holdings, I LC Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to construct a six slip docking facility intended for daytime use and also construct a boardwalk extension around the Blue Point Restaurant connecting to the docking facility. Project Setting The site of the proposed development is located at the Blue Point Restaurant within the northern area of The Waterfront Shops. The property is addressed as 1240 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. The property is t6 acres in size and has t1,400' of shoreline. Approximately 900' of this shoreline has been stabilized with wooden bulkheading located landward of coastal wetland fringes, with the remaining shoreline bordering coastal wetlands and USACE 404-Wetlands. Normal Water level (NWL) is located at the bulkhead. Coastal wetland plant species found within these areas include black needlerush (Juncus reomerianus), giant cordgrass (Spartina cynosuroides), smooth cordgrass (Spartina alterniflora), and cattails (Typha spp.). Eight commercial structures exist within the shoreline area and are currently used for retail, office, and restaurant space. Septic and parking areas are located landward of the structures. A wooden boardwalk exists along t750' of the bulkheaded shoreline providing pedestrian access to all commercial structures as well as parking areas. This boardwalk varies in width and in some places cantilevers t4' waterward of the bulkhead. The applicant has indicated that the boardwalk sections waterward of the bulkhead total t1,655 sf2 and are elevated 2:7' 4" above NWL. It is not possible for boats to dock along the boardwalk due to its height and shallow water depths. Within the southern area of the property, the Town of Duck's public docking facility and boardwalk ties into the Waterfront Shops boardwalk. The docking facility is 126' in length and provides four slips. It should be noted that the Town's boardwalk and docking facility are constructed within deeded easements to the Town of Duck and not associated with the property. The specific location of the proposed development is located within the northern area of the property at the Blue Point Restaurant. The existing boardwalk ends at the restaurant due to the proximity of the building to the bulkhead, which overhangs it by several feet. The restaurant itself is L-shaped and the remaining section of the restaurant building is z26' landward of the bulkhead. The area between the bulkhead and building is a maintained lawn area with a large open wood deck and access ramp located adjacent to the buildings. On the north side of the restaurant is an additional partially roofed wooden deck that provides patron seating and an outdoor beverage stand. Isolated patches/hummocks of Coastal wetlands exist on the waterward side of the bulkhead as well as stands of common reed (Phragmites). NWL is located at the bulkhead within the project area, but then extends to the west of the bulkhead on the north side of the restaurant building. The adjacent property to the north is a developed commercial property thontains Marge building and paved parking areas. The adjacent property to the south is ow rWd by;Dare Ounty and is the location of a municipal water tower. Piers of varying lengths, the ato of urbch is t280', can be found along the shoreline north and south of the project site. We cgsestrrs to the project site are t550' to the south and t1,050' to the north. 0 1-1.3 LU 0 ` Allis Holdings, LLC Field Investigation Report Page 3 The waters of the Currituck Sound are classified as SC by the Environmental Management Commission and are not open to shellfish taking. Water depths within the Currituck Sound at the project location range from ti' to t3.4' below NWL and the bottom substrate is made up of fine sands. There is approximately 3.5 to 4 miles of open water to the west of the site. Per a Submerged Aquatic Survey (SAV) conducted on June 7, 2016 by Atlantic Environmental Consultants, eel grass (Zostera marina) was found growing within the project area at an estimated density of 50%-60% extending t120' west of the shoreline. Development Proposal The applicant proposes to construct a six slip docking facility intended for daytime use as well a boardwalk extension around the Blue Point Restaurant that will be open to the general public. A 180'x6' pier section will extend from the existing bulkhead located along the lawn area of the restaurant. A 40'x6' platform will be constructed at the end of the pier section and seven tie pilings will be installed to create six slips. The proposed docking facility will not encroach within the 15' setback and meets the '/a width rule. Water depths within the proposed slip areas range from t2.6' to t3.4' below NWL. To provide customer access to the Waterfront Shops as well as access to the backside of the Blue Point Restaurant, the applicant proposes to construct a 72'x6' boardwalk extension. The extension will step down from existing boardwalk and run parallel along the waterward side of the bulkhead and restaurant and will tie into the proposed pier. The extension will be elevated 3' above wetland substrate as measured to the bottom of the decking and will mainly impact a stand of Phragmites. Anticipated Impacts The proposed docking facility and boardwalk extension will result in the shading of approximately t1,602 ftz of PTA and EW AECs. The proposed docking facility and boardwalk extension will result in the shading of approximately t150 ft2 of Coastal Wetlands. It is not anticipated that the proposed docking facility will have any negative impacts to navigation. Submitted by: Ron Renaldi Date: July 27, 2016 RECEIVED AUG 0 8 2016 DCM- MHD CITY t � DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Allis Holdings, LLC C& 2. LOCATION OF PROJECT SITE: The Blue Point Restaurant within the Waterfront Shops located at 1240 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. Photo Index 2006: 186-7176 (K 4) 2000: 186-2181 (N 21) 1995: 185-1945 (G 4) 1989: 142-60 (D 6) 1984: not available 1978: 93-407 (R 20) State Plane Coordinates - X: 2957039 Y: 896778 Lat/Long: 36.170991' N,-75.757118' W Quadrangle: Jarvisburg, NC (L.R.) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7/21/2016 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete — 7/18/2014, Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Duck, NC CAMA Core Land Use Plan, Feb 2005 Land Classification from LUP - Commercial, Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW) and Coastal Wetlands (CW) (C) Water Dependent: Yes (D) Intended Use: Commercial/public use (E) Wastewater Treatment: Existing - Septic Planned — n/a (F) Type of Structures: Existing - Boardwalk, Multiple buildings/shops, paved parking areas Planned — Boardwalk extension and six slip pier/platform (G) Estimated Annual Rate of Erosion: n/a Source — n/a 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DREDGED FILLED OTHER (A) Coastal Wetlands ±150 ft2 (B) Shallow Bottom PTA, EW AEC's ±1,602 ft2 (D) Total Area Disturbed: 1,752 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No AUG 01 2016 DCM- MHD CITY M Allis Holdings, U)C Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to construct a six slip docking facility intended for daytime use and also construct a boardwalk extension around the Blue Point Restaurant connecting to the docking facility. Project Setting The site of the proposed development is located at the Blue Point Restaurant within the northern area of The Waterfront Shops. The property is addressed as 1240 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. The property is t6 acres in size and has t1,400' of shoreline. Approximately 900' of this shoreline has been stabilized with wooden bulkheading located landward of coastal wetland fringes, with the remaining shoreline bordering coastal wetlands and USACE 404-Wetlands. Normal Water level (NWL) is located at the bulkhead. Coastal wetland plant species found within these areas include black needlerush (Juncus reomerianus), giant cordgrass (Spartina cynosuroides), smooth cordgrass (Spartina alterniflora), and cattails (Typha spp.). Eight commercial structures exist within the shoreline area and are currently used for retail, office, and restaurant space. Septic and parking areas are located landward of the structures. A wooden boardwalk exists along t750' of the bulkheaded shoreline providing pedestrian access to all commercial structures as well as parking areas. This boardwalk varies in width and in some places cantilevers t4' waterward of the bulkhead. The applicant has indicated that the boardwalk sections waterward of the bulkhead total t1,655 sf2 and are elevated 2:7' 4" above NWL. It is not possible for boats to dock along the boardwalk due to its height and shallow water depths. Within the southern area of the property, the Town of Duck's public docking facility and boardwalk ties into the Waterfront Shops boardwalk. The docking facility is 126' in length and provides four slips. It should be noted that the Town's boardwalk and docking facility are constructed within deeded easements to the Town of Duck and not associated with the property. The specific location of the proposed development is located within the northern area of the property at the Blue Point Restaurant. The existing boardwalk ends at the restaurant due to the proximity of the building to the bulkhead, which overhangs it by several feet. The restaurant itself is L-shaped and the remaining section of the restaurant building is 2-26' landward of the bulkhead. The area between the bulkhead and building is a maintained lawn area with a large cfpen wood deck and access ramp located adjacent to the buildings. On the north side of the LLI kstaurant is an additional partially roofed wooden deck that provides patron seating and an o Utdoor beverage stand. Isolated patches/hummocks of Coastal wetlands exist on the ®aterward side of the bulkhead as well as stands of common reed (Phragmites). NWL is U o aocated at the bulkhead within the project area, but then extends to the west of the bulkhead on the north side of the restaurant building. Q 55' ®The adjacent property to the north is a developed commercial property that contains a large pbuilding and paved parking areas. The adjacent property to the south is owned by Dare County and is the location of a municipal water tower. Piers of varying lengths, the greatest of which is t280', can be found along the shoreline north and south of the project site. The closest piers to the project site are ±550' to the south and t1,050' to the north. Allis Holdings, LI.0 Field Investigation Report Page 3 The waters of the Currituck Sound are classified as SC by the Environmental Management Commission and are not open to shellfish taking. Water depths within the Currituck Sound at the project location range from ti' to t3.4' below NWL and the bottom substrate is made up of fine sands. There is approximately 3.5 to 4 miles of open water to the west of the site. Per a Submerged Aquatic Survey (SAV) conducted on June 7, 2016 by Atlantic Environmental Consultants, eel grass (Zostera marina) was found growing within the project area at an estimated density of 50%-60% extending t120' west of the shoreline. Development Proposal The applicant proposes to construct a six slip docking facility intended for daytime use as well a boardwalk extension around the Blue Point Restaurant that will be open to the general public. A 180'x6' pier section will extend from the existing bulkhead located along the lawn area of the restaurant. A 40'x6' platform will be constructed at the end of the pier section and seven tie pilings will be installed to create six slips. The proposed docking facility will not encroach within the 15' setback and meets the 1/4 width rule. Water depths within the proposed slip areas range from t2.6' to t3.4' below NWL. To provide customer access to the Waterfront Shops as well as access to the backside of the Blue Point Restaurant, the applicant proposes to construct a 72'x6' boardwalk extension. The extension will step down from existing boardwalk and run parallel along the waterward side of the bulkhead and restaurant and will tie into the proposed pier. The extension will be elevated 3' above wetland substrate as measured to the bottom of the decking and will mainly impact a stand of Phragmites. Anticipated Impacts • The proposed docking facility and boardwalk extension will result in the shading of approximately t1,602 ft2 of PTA and EW AECs. The proposed docking facility and boardwalk extension will result in the shading of approximately t150 ft2 of Coastal Wetlands. • It is not anticipated that the proposed docking facility will have any negative impacts to navigation. Submitted by: Ron Renaldi Date: July 27, 2016 RECEIVED AUG 01 2016 DCM- MHD CITY L 4 Received PROJECT NARRATIVE AIN 21 1616 CAMA MAJOR PERMIT — Water Front Shops 1240 Duck Road, Duck, Dare County DCM_EC June 13, 2016 LOCATION OF PROJECT: The project is located at the Blue Point Restaurant within the Water Front Shops commercial buildings. The subject property is located adjacent to the Currituck Sound in Dare County, North Carolina. PROJECT DESCRIPTION: The subject property is comprised of retail stores and restaurants. This CAMA major application is being prepared for the construction of a 180' pier with 6 boat slips and a 40' platform. In addition, the existing walkway at the Water Front Shops will extend 72' to the pier and provide access to the north side of the Blue Point Restaurant. On June 7, 2016 Atlantic Environmental Consultants (AEC) staff evaluated the project area for the presence of coastal wetlands and submerged aquatic vegetation (SAV). This evaluation found there to be coastal wetlands and the SAV Eel grass (Zostera marina) in the project area. AEC estimates the pier and walkway will be constructed over 150 square feet of coastal wetlands. Field measurements estimate the density of the SAV growth to be between 50%-60% and extend west of the shoreline approximately 120' at the project location. It is estimated that the elevated pier and walkway will be constructed over 420 square feet of SAV. The proposed pier will tie into the existing bulkhead and there is no upland development or impervious surfaces proposed for this project. DETAILS FOR PROJECT: Proposed structures within Public Trust Waters: Walkway & Stairs............................................................. 6' x 72' Pier.......... .... ................................................................. 6' x 180' Platform.... ................................................................. 6' x 40' Total: 1,752 sf RECEIVED AUG 01 2016 DCM- MHD CITY OBM MP-1 06 APPLICATION for �teceiaea� Major Development Perms '�" a' 2cc9�//��01i (last revised 12127/06) D M�AEC North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Allis Holdings, Llc Project Name (if applicable) Water Front Shops Pier Applicant 1: Fist Name Jim MI Last Name Braithwaite Applicant 2: First Name MI Last Name If additional applicants, please affach an additional page(s) with names listed. Mailing Address 135 Bayberry Trail 7 PO Box City Southern Shores State NC ZIP 27949 Country USA Phone No. 252 - 202 — 2107 ext. FAX No. Street Address (ffdHerent from above) City State ZIP Email bgblueheron@aoi.com 2. Agent/Contractor Information Business Name Atlantic Environmental Consultants, L)c Agent/ Contractor 1: First Name MI Last Name Doug A Dorman Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box CRY State P.O. Box 3266 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 7707 ext. 252 - 599 - 2603 ext. FAX No. Contractor # 252 261 7707 Street Address (d different from above) City State ZIP Email dougdaec@gmail.com—, D 01 2616 <Form continues on baclo ►VI 2 Form DCM MP-1 (Page 2 of 4) Received APPLICATION for �y i1Jid `L fl %71S Major Development Permit 1 3. Project Location County (can be multiple) Street Address State Rd. # Dare 1240 Duck Road NC 12 Subdivision Name City State Zip None Duck NC 27949 - Phone No. Lot No. (a) (if many, attach additional page with list) 252 - 202 - 2107 ext. N/A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project 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. The Town of Duck 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,648 linear feet 260,924 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 7' ❑NHW or ®NWL e. Vegetation on tract Black Needle Rush, Spartine sp., Wax Myrtle, Poison ivy. I. Man-made features and uses now on tract RECEIVED Commercial buildings, asphalt and concrete parking, bulkhead shoreline. AUG 0 1 2016 g. Identify and describe the existing land uses adjacent to the proposed project site. D`` M _ tV9N AHD CITY Commercial retail and restaurants. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Commercial (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Fonn continues on next page> Form DCM MP-1 (Page 3 of 4) Received APPLICATION for Major Development Permit to JUN 2 1 2016 m. (1) Are there wetlands on the site? DMEC yyj��Eq' ®Yes ONO �r (it) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (it) above, has a delineation been conducted? ®Yes [--]No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Onsite LPP septic system o. Describe existing drinking water supply source. Public water supply p. Describe existing storm water management or treatment systems. Retention pond and wetland BMP 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublictGovernment ❑PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The pier will provide boat access to the north end of the Water Front Shops and the Blue Point Restaurant. The walkway will provide access to the north side of the Blue Piont Restaurant. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The pilings will be set using a barge and hydraulic pump. Contruction of the pier and walkway will be done with power equipment and hand tools. Tools and equipment will be stored onsite during construction. d. List all development activities you propose. Construction of a 180' pier with 6 boat slips and the continuation of the Water Front Shops walkway (72'). e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What is the approximate total disturbed land area resulting from the proposed project? None ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area Elves ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None. No upland development. 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 ❑NA If yes, attach a mitigation proposal. VtEp CE1V EcD <Form continues on back> K'A-Ao ®CM I % Form DCM MP-1 (Page 4 of 4) APPLICATION for c It Major Development Permit 6. Additional Information In addition to this completed applicalion form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by oertified 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 Phantom Enterprises Phone No. Address PO Box 308, Youngstown, PA 15696-0308 �(;►�, C4WettJVVt Phone No. oapyllz I ee, ej4i u 1l 1►ti fi1� la o�tS Name Dare County Manager- Bobby Dolan Phone No. Address PO Box 1000, Manteo, NC 27954 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Minor Permit D-2016-348, 4/16/16. Individual Permit SAW 2011-01897 h. Signed consultant or agent authorization form, If applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 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 6113/16 Print Name _Doug Dorman, Consultant Signature Received Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 ByQplfig d f�}IJt(e t D JUN 2 1201or ❑DCM MP-3 Upland Development �K( tt t V ®DCM MP-4 Structures Information - DCMEG AUG 01 2016 DCM-EC DCM- MHD CITY :XS2 8v➢3 2;dU9 .. _-."r§ -4RCOAST .. .w air +ra.n s¢o a5talm asa �5gemerxt. n+�4 Received Form DCM MP-4 JUN 21 2016 STRUCTURES DCM-EC (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑PubliclGovernment ❑Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes ❑No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (ii) Number 2 If yes: (iii) Length 180' & 72' (ii) Number _ (iv) Width 6' (iii) Length (v) Floating ❑Yes ®No (iv) Width _ (v) Floating []Yes []No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatlifts included? []Yes ®No If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 40' (iii) Length (iv) Width 6' (iv) Width _ (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 6 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 6 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: _, :ENE1) k. Typical boat length: 1818=24' , 012016 m. (i) Will the facility have tie pilings? D CI V ®Yes []NoDCM_ MH V 1 (ii) If yes number of tie pilings? 7 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout, sailboat. I. (1) Will the facility be open to the general public? ®Yes []No 252-808-2808 :: 1-888.4t2C0A3"i :. www.nceoastaimanargemera.),n 1 Cy Z DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ® Toilets for patrons; Number: 3; Location: Two at Water Front Shops, one at Blue Point Restaurant. eceived ❑ Showers JUN 212016 ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. 'T) CM-E Onsite engineered LPP septic systems. C. Describe the disposal of solid waste, fish offal and trash. Any solid waste or trash can be disposed in the trash cans or dumpsters located at the Wier Front Shops. d. How will overboard discharge of sewage from boats be controlled? There will be no discharge from any boats using the docking facility. e. (1) Give the location and number of "No Sewage Discharge" signs proposed. None (ii) Give the location and number of "Pumpout Available" signs proposed. None I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. N/A I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A 1, j. What will be the marina policy on overnight and live -aboard dockage? No AUG 01 2016 JIA.. k. Describe design measures that promote boat basin flushing? CIT N/A If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED No AUG _A_L ^q'C in. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No Ill"Iff1v nevvv�w v.e. JUN 2 1 2016 IL 0i n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? 9 IMI-EC ❑Yes ONO o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW 150 OSAV 4420 ❑SB _ ❑WL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure($): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (III) Length _ (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable a. (i) Number _ (ii) Length (iii) Width I & BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable I a. Length _ c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): []Commercial ❑Public(Govemment ❑Private/Community, C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing None 7. GENERAL ,�E�vE� AUG � � 2016 nrM- MHD C1TY b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 1-�i8F4ud33CCgAS7::vvvwmecoastatmana9eme�ai.n�$ 1 ti a. Proximity of structure(s) to adjacent riparian property lines 175' to the nouth (Phantom), 820' to the south (Dare County) Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 3.6 miles e. (I) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (11) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 735' d. Water depth at waterward end of structure at NLW or NWL 3.2' & OTHER ®This section not applicable a. Give complete description: 6/13116 Date Water Front Shops Pier Project Name Allis Holings, LLC Applicant Name pplicant Signature Receive JUN 2 J 7'i; i RECEIVED AUG 01 2016 DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Allis Holdings, LLC County: Dare _I LOCATION OF PROJECT: The Blue Point Restaurant in the Waterfront Shops located at 1240 Duck Road, Duck DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 07/18/16 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi , DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: vim— i Date: 7 $ B) DATE RECEIVED BY MAJOR PERMITS UNIT: KAU FEE REC'D: $ 400 (100%1 PUBLIC NOTICE REC'D: Advertise: 07/31/16 END OF NOTICE DATE: Comments due: 08/20/16 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: 42Mr=& ON: C) 75 DAY DEADLINE: 10/01/16 MAIL OUT DATE: Circulation: 07/28/16 FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: 08/18/16 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative iv (e i S01 Coastal Management - LUP Consistency A Joe it frArd D" UAI re Division of Community Assistance p 6 Land Quality Section--DEMLR DWR/DWQ— AquiferProtection �j J? r�j ^ V10wY1 Wha4yty" Z DWR/DWQ - Storm Water aJ I� (A ho Sw t"if r-dfuiyed DWR —Public Water Supply 1+ A A nQ OVKWUkt- State Property Office v - Division of Archives & History —Cultural Res. /O Cf 22 �(� , n Vl D W m+L Division of Env. Health —Shellfish Sanitation (� X. no (Ilymeyrt Division of Highways --DOT Y�h p�°� ILe X noobje M Wildlife Resources Commission 'S 1(( X dC dC k S Stt7W'tf u,rutu m Local Permit Office/Planning Dept. 3 uMdREQEMiffi DMF—DCM Fisheries Resource Specialist eA� ('N.1 Corps of Engineers I (� X _ ZG I _ C! M DCM- MHD CITY kW ti Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM PAT MCCRORY Governor DONALD R. VAN DER VAART secrcmry TO: Courtney Spears, Assistant Major Permits Coordinator THROUGH: Frank Jennings, District Manager FROM: Ron Renaldi, Field Representative R.A •12 , DATE: August 17, 2016 SUBJECT: Allis Holdings, LLC Major Permit Recommendations BRAXTON DAVIS Dimewr The applicant proposes to construct a six slip docking facility intended for daytime use and also construct a boardwalk extension around the Blue Point Restaurant connecting to the docking facility. The site of the proposed development is located at the Blue Point Restaurant within the northern area of The Waterfront Shops. The property is addressed as 1240 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. The development proposal involves the Public Trust Area, Estuarine Waters and Coastal Wetland Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, RECEIVED -^>"Nothing Compares"� AUG 2 5 Z016 F, 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264.3901 \ FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net D C M _ M H D IT Y An Equal Opportunity \ Affirmative Action Employer Courtney Spears, Assistant Major Permits Coordinator Allis Holdings, LLC Major Permit Recommendations August 17, 2016 Page 2 submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (6) Piers and Docking Facilities pertain to this project, and those subparagraphs not listed are not applicable to this project. O Paragraph (6) Piers and Docking Facilities ; V � Subparagraph (6)(A) states that piers shall not exceed six feet in width. Piers greater than sixLU 0 N 04 feet in width shall be permitted only if the greater width is necessary for safe use, to improve,V cz, public access, or to support a water dependent use that cannot otherwise occur. Q Consistent: The proposed development is consistent with the intent of this rule. U O Courtney Spears, Assistant Major Permits Coordinator Allis Holdings, LLC Major Permit Recommendations August 17, 2016 Page 3 Subparagraph (6)(B) states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions do not apply to marinas. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(C) states that piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(F) states that piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(G) states that pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: The proposed development is consistent with the intent of this rule. (ii) not extending into the channel portion of the water body; Consistent: The proposed development is consistent with the intent of this rule. (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier -head line. The one-fourth length limitation does not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. Consistent: The proposed development is consistent with the intent of this rule. RECEIVED AUG 2 5 2016 DCM- MHD CITY Courtney Spears, Assistant Major Permits Coordinator Allis Holdings, LLC Major Permit Recommendations August 17, 2016 Page 4 Subparagraph (6)(I) states that piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a permit be issued to Allis Holdings, LLC. RECEIVED AUG 2 5 2016 DCM- MHD CITY W K�r`# Coastal Management ENVIRONMENTAL QUALITY July 28, 2016 MEMORANDUN TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Governor DONALD R. VAN DER VAART Secmary BRAXTON DAVIS Director Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Allis Holdings, LLC Blue Point Restaurant, Waterfront Shops, 1240 Duck Road, Duck, Dare Co. 6-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/18/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. � iThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /19/(4 DATE ;P -12-14 �3—' othing Comparesti State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Dizabeth City, NC 27909 252-264-39011252-264-3723 [fax] q RECEIVED AUG 15 2016 DCM- MHD CITY V PAT MCCRORY Governor t'+ DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY July 28, 2016 MEMORANDUM AIIG TO: Joe Heard, Director of Community Development TOWN C)N Ul:cx, uc Town of Duck FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Allis Holdings, LLC Project Location: Blue Point Restaurant, Waterfront Shops, 1240 Duck Road, Duck, Dare Co. Proposed Project: 6-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/18/16 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project,. please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED / DATE Nothing Ccmparesti State of North Caroline I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] Z PAT MCCRORY Gowmor i•' RECEIVED ._DONALD /NCDENR/D R. VAN DER VAART Secretary Coastal Management AUG 02 2016 BRAXTON DAVIS Direcror ENVIRONMENTAL OUALITV Water QUallty Regional Washioperationsgton egional Ofsco July 28, 2016 xt MEMORANDUM TO: Robert Tankard, Environmental Engineer DWR - Water Quality, Aquifer Protection Section, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Allis Holdings, LLC Project Location: Blue Point Restaurant, Waterfront Shops,1240 Duck Road, Duck, Dare Co. Proposed Project: 6-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/18/16 to Courtney Swears Assistant Major Permits Coordinator, 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. -W No waarr.,t4 REPLY: x This agency has no objection to the project as proposed. ccrru,r''n This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED S) �_ DATE 0 /0 3 /2.C,1 & !-''Nothing Compares State of North Carolina I Eavitontnanlel Quality I Combat Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252.264-39011252-264-3723 [fax] Water Resources ENVIRONMENTAL QUALITY Allis Holdings, U-C Attn: Mr. Jim Braithwaite 135 Bayberry Trail Southern Shores, NC 27949 PAT MCCRORY Go.O, DONALD R. VAN DER VAART Se ary S. JAY ZIMMERMAN August 03, 2016 D,mcror DWR Project # 2016-0748 Dare County Subject Property: NO WRITTEN CONCURRENCE REQUIRED Boardwalk extension and construct six slip pier/platforms around the Blue Point Restaurant connecting to existing docking facility. Dear Mr. Braithwaite: The Division of Water Resources (DWR) has received a copy of your CAMA Major application. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #3900 (GC 39D0), the impacts described in your application do not require written authorization to utilize GC 3900. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided theoriginal and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. StateorNorlh Carolina I Fnvim ntal Qualiryl Waler Ra ws-Wga Quality Regional Oper,6one-Washington Regional Offim 943 Wahington Squ Mail, Washington, NC 27989 282-946.6481 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Allis Holdings, LLC �^ Mr. Jim Braithwaite it DWR#2016-0748 J 401 AND BUFFER APPROVAL Page 2 of 2 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Don Burke at 252-948-3966 or don.burke@ncdenc.aov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachments: GC 3900 Certification of Completion cc: Raleigh Bland, USACE Washington Regulatory Field Office Courtney Spears, DCM Morehead City Office Doug Dorman, Atlantic Environmental Consultants, LLC (PO Box 3266, Kitty Hawk, NC 27949) WaRO DWR File Laserfiche SHEET 2 OP 3 NOT OR FORMERLY PHANTOM FdnM2PRL5WS I %. A 0 cr Water Resources ENVIRONMENTAL QUALITY Allis Holdings, LLC Attn: Mr. Jim Braithwaite 135 Bayberry Trail Southern Shores, NC 27949 PAT MCCRORY Gmemor DONALD.R. VAN DER VAART Secrorory S. JAY ZIMMERMAN` August 03, 2016 Oln=laor DWR Project # 2016-0748 Dare County Subject Property: NO WRITTEN CONCURRENCE REQUIRED Boardwalk extension and construct six slip pier/platforms: around the Blue Point Restaurantconnecting to existing docking facility. Dear Mr. Braithwaite: The Division of Water Resources (DWR) has received copyof, your CAMA Major application. DWR issues approval in the form of a Water Quality Certification (WQC) in -conjunction with the CAMA Major Permit and General Permits) t98000291 issued by the US Army Corps of Engineers (USACE). This Certification .allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #3900 (GC'.3900), the impacts described in your application do not require written authorization to:utilize.GC 3900 However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your projectincluding (but not limited to) erosion andsediment control regulations. This Certification can be contested as provided in Articles 3 and of General Statute 150B'byfiling a written petition for an. administrative hearing to the Office of Administrative Hearings (hereby known as. OAH). A petition form may be obtained from the OAH athtti)://www.ncoah.com/ or by.calling the OAH Clerk's Office,at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice,,a petition must be filed with the OAH. A petition is considered -filed when the original and.one (1) copy along with any.applicable QAH filing,fee is received in the OAH during normal office hours (Monday through Fridaybetween 8:00am and 5':00pm,;excluding. official state. holidays). ' The petition maybe faxed to the OAH.at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days4ollowing the faxed transmission. State ofNurth Carolina 1 Enviromneunal Quality IWater Resources -Water Quality Regional Operations —Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252.946-6481 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Allis Holdings, LLC Mr. Jim Braithwaite DWRH 2O16-0748 401 AND BUFFER APPROVAL Page 2 of 2 If sending, via delivery service (UPS, FedEx; etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes,.General'Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Don Burke at 252-948-3966 or don.burkeCa)ncdenr.gov if you have any questions or concerns. Sincerely, �. Robert Tani, t Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachments: GC 3900 Certification of Completion cc: Raleigh Bland, USACE Washington Regulatory Field Office Courtney Spears, DCM Morehead City Office Doug Dorman, Atlantic Environmental Consultants, LLC (PO Box 3266, Kitty Hawk, NC 27949) WaRO DWR File Laserfiche Received -: f JFM JUL 10 IV, aF AL I Gftfl EG �p�pGlamaco� . LWON Dry sioNoF Wl=MSoURCM D'NR E SAIRET 2 OF S NOW OR FORMERLY PHANTOM ENTERPRISES . 11-T .. S CURRITUCK SOUXD `. k u✓ ~ If 1 phRWAYIER i O EXIHTTNC H 0 EXISTMG BOARDWALI � C ELEVATED ALK74O' VERABOVE )FBOARDWNWL ! .`• '• �--w—' DARE COUNTY uoamwrwxn BXISTUFO TOWN OF DUCK reN tern , safc,�asa ° DOCXING FAC7LITY NOW OR FO�Y — SHEET Z OF 3 DARECOVNTY "ftTmsaw WATER FRONT SHOPS DOCKING FACLILITY/WALKWAY ALLIS HOLDINGS, LLC 1240 DUCK ROAD DUCK — DARE COUNTY — NORTH CAROLINA 60° 1a0-- 220' 340' ATLANTIC EMOROMIENTAL CONSULTANTS, ZZc GRAPHIC SCAL 1'-100• P.O. 90X 3299, KITTY 11AlYK, N.C. 27949 1. �252f261-7707, 6-m0i/ O'0u9OO6c®9moi/.c0m DATE: 6/7/16 REVISED: 7/13/16 FILE: WFS 2016 DRAWN BY:DAD CS Spears, Courtney From: Thorpe, Roger Sent: Monday, August 08, 2016 4:29 PM To: Spears, Courtney Subject: Blue Point Restaurant, waterfront shops, Duck- Dare County The project for Blue Point Restaurant, Waterfront shops at 1240 Duck Rd, Duck, NC in Dare County that proposes a 6-slip docking facility will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 !✓ Nothirtg Compares..—,... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 09 Coastal Management ENVIRONMENTAL QUALM July 28, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: RECEIVED/NCDENR/DWR AUG 0 2 2016 Water Quality Regional Qpenitions Section Washington Regional o lee PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Clif Whitfield, Environmental Engineer DWR — Public Water Supply Section, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Allis Holdings, LLC BRAXTON DAVIS Dimaor Project Location: Blue Point Restaurant, Waterfront Shops,1240 Duck Road, Duck, Dare Co. Proposed Project: 6-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/18/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED CO— �iU.� DATE -^"Nothing Compares. - Some ofNorth Carolina I Enwonmentel Quality I Coastal hfivm9ement RECEIVED AUG 0 3 2016 1367 US Hwy 17 South I Elizabeth City, NC 27909 252.264.39011252-264.3723(fax] q 4 Coastal Management ENVIRONMENTAL QUALITY July 28, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED AUG 0 1 2016 DOA STATE PROPERTY OFFICE M L, Tim Walton, Manager State Property Office PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Allis Holdings, LLC BRAXTON DAVIS Director Blue Point Restaurant, Waterfront Shops, 1240 Duck Road, Duck, Dare Co. 6-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/18/16 to Courtney Spears, Assistant Mai or Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. (� S 14-- IT • K ✓'This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED -55"Nothing Compares AUG 0 S 2016 State of North Carolina I Environmental Quality I Coastal Management - 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 1 252-264-3723 [fax] D C M- M H D CITY Coastal Manogeme*o ENVIRONMENTAL OUALITY July 28, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Ca Mae DONALD R. VAN DER VAART semr-y BRAXTON DAVIS Ih2C(O, Renee Gledhill -Early NC Department of Cultural Resources Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Allis Holdings, LLC (E 1380 _�, 41dttr Blue Point Restaurant, Waterfront Shops, 1240 Duck Road, Duck, Dare Co. 6-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/18/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �V X)'` L DATE6'16 Cf C < 'Nothing Compares -,, Sum of NoNI C"01 M I Firvmmnmenw Q ably I Cmtw Manegemeot 1367 US Hwy 252-2Mu3901,1252-264-City. 3723 (f=1 AUG 0 8 2016 C K N.'ro Coastal Management ENVIRONMENTAL OUALITY July 28, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: AUG - 2 2016 Shellfish Sanitation E::--eational Water Quality Sec' on PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Shannon Jenkins Marine Fisheries — Shellfish Sanitation & Recreational Water Quality Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Allis Holdings, LLC Blue Point Restaurant, Waterfront Shops, 1240 Duck Road, Duck, Dare Co. 6-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/18/16 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED `7 — DATE 7f �' /4 r3 ME D AUG 0 3 2016 !� Nothing Compares - State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264.3723 [fax] Coastal Management ENVIRONMENTAL QUALITY July 28, 2016 MEMORANDUM TO: FROM: SUBJECT: • Applicant: Project Location: Proposed Project: PAT MCCRORY DONALD R. VAN DER VAART sa,r iary 13RAXTON DAVIS Dimaar fLen pace, PE; State Hwy Administrator NC Department of Transportation Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Allis Holdings, LLC Blue Point Restaurant, Waterfront Shops,1240 Duck Road, Duck, Dare Co. 6-slip docking facility please indicate below your agency's position or viewpoint on the proposed project and return this form by OSI18/16 to Courtne S ears Assistant Major Permits Coordinator 400 Commerce Avenue, 11811 to Gity. NC 28557 (fax 252-247-33301. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: 611eThis agency has no objection to the project as proposed. SIGNED 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. DATE /"Nothing Compares-,. - $tea of Nath C=110 I EavifW nal Quality I Caeeal M=dV1nW 1367 US p H 2i�i-26auth oi e 12 2264-MI [ f"sro3 .61 t0/Z0 39Vd MION 66LVT66ZSZ 60:LO 910Z/6Z/90 Coastal Management ENVIRONMENTAL OUALITY July 28, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Maria Tripp Dunn NC Wildlife Resources Commission Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Allis Holdings, LLC Blue Point Restaurant, Waterfront Shops, 1240 Duck Road, Duck, Dare Co. 6-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/18/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � � DATE 8-9-30](0 RECEIVED AUG 15 2016 '-^ Nothing Compares. State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252.264-39011252-264-3723 [fax] ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator M� Habitat Conservation Division DATE: August 9, 2016 SUBJECT: CAMA Dredge/Fill Permit Application for Allis Holdings, LLC, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 1240 Duck Road behind the Blue Point Restaurant and Waterfront Shops in Duck, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), . as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U. S.C. 661 et seq.). The applicant proposes to construct a six slip docking facility and boardwalk for use by the general public. A 180' by 6' pier would extend from the bulkhead and a 40' by 6' platform would be constructed at the terminus of the pier with seven tie piles. Water depths in the area of the slips are -2.6' to -3.4' NWL. A submerged aquatic vegetation (SAV) survey showed eel grass was growing in 50% - 60% densities 120' from the shoreline. The Currituck Sound in this area is classified SC by the Environmental Management Commission. The NCWRC has reviewed the permit application and does not object to the construction of the docking facility. To minimize impacts to shallow water habitats and SAV,ppilings should be installed along the length of the pier to deter vessel tie-ups along the structure. This would minimize sound bottom and SAV disturbances from vessels that may want to use the dock when all slips are utilized. RECEIVE We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnnn ncwildlife.org AUG 15 2016 DCM- MHD C11 Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 2522551236 Town of Duck Town of Duck 04:51:46 p.m. 08-03-2016 PAT MCCRORY Gaamnr !' DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL DUALITY July 28, 2016 MEMORANDUM A(JC r.arl; TO: Joe Heard, Director of Community Development vo 14 OF uua.. to - Town of Duck FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Allis Holdings, LLC Project Location: Blue Point Restaurant, Waterfront Shops,1240 Duck Road, Duck, Dare Co. Proposed Project: 6-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/18/16 to Courtney Snears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are . incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /l r DATE,�� f (, Nothing Compares,, - State ofNan6 Carolina I Fnviromnental Quality I CmMal Meaagement 1367 US Hwy 17 South l EkabeW OtY. NC 279M 252.26a39011252-266.3723 jfax] Coastal Management ENVIRONMENTAL QUALITY July 28, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY RECEIVED Covemor DONALD R. VAN DER VAART AVG 02.2016 sem1ery DO�1-�leheAes BRAXTON DAVIS WARO Dtredor Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Allis Holdings, LLC Blue Point Restaurant, Waterfront Shops,1240 Duck Road, Duck, Dare Co. 6-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/18/16 to Courtney Shears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See, attached. This agency objects to the project for reasons described in the attached comments. -!'Nothing Compares. . . State of North Cemlina I Eavimmtenml Quality I Coastal Mamgement 1367 Q3 Hwy 17 South I13limbeth City, NC 27M 252-264.39011252-264-3723 [fax] C PAT MCCRORY Gmerven' DONALD R. VAN DER VAART s enmrre Coastal Management EN PONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Allis Holdings, LLC DATE: 8/5/16 BRAXTON DAVIS t ,mr A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant is proposing a 6-slip docking facility at The Blue Point Restaurant located in the Waterfront Shops in Duck, NC. The site is located on the northern end of a small bay near the Town of Duck's boardwalk. The waters within the bay are generally shallow and contain submerged aquatic vegetation (SAV); the primary species found was eel grass. The SAV generally extends out into the bay approximately 120 feet according to a survey conducted by Atlantic Environmental Consultants on 6/7/16. To avoid the shallow waters and SAV habitat the applicant is proposing a 6ft wide pier that will extend 180ft from the bulkhead located at NWL, the pier will terminate in a 40ft x 6ft two head with 7 mooring piling. The depths in the area of the 6 proposed slips ranges from -2.6ft to -3.4ft. Along shore the applicant proposes to extend the boardwalk 72ft to provide better access to the restaurant. The main impact to fish habitat that this project will have is the shading of SAV habitat. Were this a private pier it would be requested that the pier be narrowed to Oft to reduce the shading impacts by a third, since this is a commercial operation that will not be requested as a permit condition. However, as a commercial facility the situation might arise that a restaurant patron tries to dock side to the pier if all of the slips are full or simply to have a shorter walk to the restaurant. This could result in vessel traffic and docking in very shallow water with sensitive and important fish habitat. In order to prevent significant negative impacts to the shallow bottom SAV habitat a railing at least 3ft in height should be added to the proposed pier in the areas where no slips are proposed as a deterrent to docking as well as signage to the fact that dockage anywhere other than the designated slips is not permftted. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. State of North Caroline I Environmental Quality I Coastal Management 400 Cammeme Amm I Morehead City, NC 28557 252-808-29081252-247-3330(faI (X Spears, Courtney From: Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil> Sent: Wednesday, October 19, 2016 10:33 AM To: Spears, Courtney Attachments: PGP Allis Holdings CL 31.doc Mr. Huggett, The U.S. Army Corps of Engineers, Wilmington District has authorized Mr. Jim Braithwaite and Allis Holdings, LLC to construct 180' x 6' foot pier with an associated 40' x 6' platform with 6 boat slips as well as construct a 72' x6' extension of the existing walkway at 1240 Duck Road, adjacent to the Currituck Sound, in Duck, Dare County, North Carolina. This authorization was issued via Programmatic General Permit 198000291 CAMA INC Coastal Area Management Act). All terms and conditions of this permit apply. Please attach the following SPECIAL conditions in this permit. All work authorized by this permit must preformed in strict compliance with the attached plans, which are a part of this permit. Any modification of these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. If you have any questions or concerns please let me know! Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Fax: (252) 975-1399 Email: josh. r.pelletier@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm—apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. October 1, 2016 Regulatory Division Action ID No. SAW-2011-01897 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Jim Braithwaite and Allis Holdings, LLC to construct 180' x 6' foot pier with an associated 40' x 6' platform with 6 boat slips as well as construct a 72' x6' extension of the existing walkway at 1240 Duck Road, adjacent to the Currituck Sound, in Duck, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, of alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized R land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). - 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not r, considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Roy Brownlow, District Manager Morehead City Field Office North Carolina Division of Coastal Management L, • t G Coastal Management ENVIRONMENTAL OUALITY July 28, 2016 Doug Dorman ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Box 3266 Kitty Hawk, NC 27949 Dear Mr. Dorman: PAT MCCRORY DONALD R. VAN DER VAART BRA\TON DAVIS The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Allis Holdings, LLC for State approval for development of their property located at The Blue Point Restaurant at 1240 Duck Road in the Town of Duck, Dare County. It was received complete on July 18, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 1, 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from July 18, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the 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 the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete appliiccaljEt-IVED 'Nothing Compares -, AUG 0 1 ^^4S State of North Carolina I Environmental Quality I Coastal Management . p. 1367 US Hwy 17 South I Elizabeth City, NC 27909 D^ M " 252-264-39011252-264-3723 [fax] r Doug Dorman ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC July 28, 2016 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Ron Renaldi, Field Representative, if you have any questions and/or if you wish to receive a copy of his field report. Sincerely, Frank Je ings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC Jim Braithwaite, Allis Holdings, Applicant, Southern Shores, NC 0 e N ()TI(J 172A CAMA PERMIT APPLIED FOR W � U o W o � U ¢ ac U PROJECT: Construct a 6-slip docking facility intended for daytime use, as well as a boardwalk extension around the Blue Point Restaurant. A 1809x6' pier section, with a 409x6' platform, will extend from the existing bulkhead. COMMENTS ACCEPTED THROUGH 08120116 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Jim Braithwaite 1 Ron Renaldi, Division of Coastal Allis Holdings, LLC Management, 1367 US Hwy 17 S., 135 Bayberry Trail Elizabeth City, NC 27909 Southern Shores, NC 27949 252-264-3901, ext. 237 252-202-2107 6 PAT MCCRORY DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL OUALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 leg als thecoastlandtimes.net FROM: Yvonne Carver, Administrative Assistant DATE: 07/28/16 SUBJECT: Public Notice: Allis Holdings, LLC BRAXTON DAVIS 1)""'. Please publish the attached Notice in the Sunday, July 31, 2016 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Sarah Young, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED -'Nothing Compares, State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] AUG 01 Z016 DCM- MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 07/18/2016. Allis Holdings, LLC proposes to construct a 6-slip docking facility located at the Blue Point Restaurant within the Waterfront Shops located at 1240 Duck Road in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 08/20/16, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, July 31, 2016 RECENED AUG 01 2016 DCM_ MHp CITY LA MAJOR PERMIT FEE MATRIX Applicant: ALLIS HOLDINGS, LLC; JIM BRAITHWAITE Selection Development Type Fee DCM % DW4 % (14300 16014351000931625 6253) (243001602 435100096 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 Ma or 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- E El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff ECEIVED determined that additional review and written DWQ AUG 0 t. 20' 3 concurrence is needed because of concerns related to water quality or p M- kl aquaticlife: General WaterCertification No. $400 60%($240) 40% ($160)ee attached) cannoted:development that❑ the filling and/or $475 60% ($285) 40%($190) ion of more than one acre of wetlands and/or open water areas: NC Division of Coastal Management 1363 �B C D Cashier's Official Receipt Date: f -- 20 D 1)'rM/_' �� r Received From: $ Aa4 A as. n n Check No.: Applicant's Name: 4I 1rs 'I I YI o �d;,� LLC,�aT{�u1a�'i'� County: Project Address: 12 J Ly R G 2J f �`A. `/< Q W `D V o N Q Please retain receipt for your records as proof of payment for permit issued. - U W o ���' / �^ W Q 9 Signature of Agent or Applicant: `� M-`tS Date: -� "n`�n"— ��� Date:L1_L,2 0 Signature of Field Representative: f Received J'UN 21 2016 DCM-EC Allis Holdings, LLC 135 Bayberry Trail Southern Shores, NC 27949 I, Jim Braithwaite authorize Doug Dorman to apply for environmental permits on my behalf for property located at 1240 Duck Road in Dare County, North Carolina. A-VTHORIZATTON DATE RECE/VED AUG 01 2016 DC"- 44HD CITY r.NY I 110% us. AnMW.e. AT 1AW rr ta.wN.Iwti NAN.II�N.II.). !,r W u aNr IE Nr rM At ,net Received K. LAND TRANSFER NUMBER-. ' y x 1) pv -9CM-EC Prepared by and velum to: FILED to 0 G ut W Kill Devil HillsNorth Caro CT% T*JIS SPECIAL WARRANTY DEED made this rho Y _ day of , 1998, by and between David A. Price and John W. Richardson, Co-Trusteea pursuant to the Testamentary Trust for the Benefit or Mathew S. Price, as eslablished pursuant to the Last Will and Testament of Elisabeth Braithwaite, and William Savage llntithwaite, Jr., munarriel, Watson Allis Braithwaite, unmarried, and lames Brock Braithwaite and wife, Wendy D. Braithwaite, Grantors, and Allis Holdings, L.L.C. c/o John W. Richardson, Shillings and Richardson, P.C., P.O. Box 1687, Virginia Beach, VA 23451-9687, Grantee: The designation Grantor and Grantee Its used herein shall include said parties, dneir heirs, and successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETII: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has mid by these presents does grant, bargain, sell and convey, unto the Grantee in fee simple, all that certain lot or parcel of land situated in Atlantic Township, Dare County, North Carolina, and more particularly described as follows: TRACT ONE: All that certain tract or parcel of land, togclhor with the houses and improvements thereon, lying and being North of the Village of Duck, Atlantic Township, Dare County, North Carolina and being the lands upon which the premises known as the Powder Ridge Club is situated, and hounded as follows: BEGINNING at aconcrete atone situalld in and on the West margin of the Old Main Road, which is now abandoned, leading North from die Village of Duck, Dare County, North Carolina, said beginning point being in the South line of the tract of W known as the Blanche Wescott Tract and subsequently the R. H. Cook Tract or an extension of said line, and also being three feet North of an old oak situated near the West margin of said Old Road, and running thence from said beginning point North 43 deg. 55 min. West 689.1 feet along the Westerly boundary of the Blanche RECEIVED AUG 01 2016 DCM- MHD CITY Wescott or R. N. Cook Tract to an imn pipe on the shore of the Currituck Sound; thence South 0 deg. Of train. West 175 feet along the shore of Currituck Sound to a point; thence South 33 deg. 43 min. West 222 feel along the shore of Currituck Sound to a point; thence South 55 deg. 24 min. West 213 feet along the shore of Currituck Sound to a comer or marker; thence South 24 deg. 46 min. Had 122.8 feet to a comer or marker; thence North 82 deg. 30 min. past 731 feet said concrete stone, this being the point of beginning. TRACT TWO: All that certain parcel of land located in Atlantic Township, Dare County, adjoining the Currituck Sound and near or in the Village of Duck and more particularly described as follows: BEGINNING at a point lying in the Westem margin or tight of way of NCSR 1200, sometimes referred to as the Duck Road, said road having a 60 foot right of way at this point, and said point of beginning being located at (he Northeastemmost comer ol'propety now or ftntnorly ownal by Glen Smith as shown by a deal recorded in Book 161 at page 334 of Ore Dare County Public Registry at die intersection with the Western margin or right of way of NCSR 1200 and said point of beginning being also located the following courses slid distances from the intersection of the Southern margin or right of way of a road known as Marlin Drive, a right of way extending through the subdivision known as "Saltaire Subdivision" in the Village of Duck with the Eastern margin or right of way of NCSR 1200 and running from such point of intersection a course of South 06 deg. 12 min. 00 sec. East a distance of 2.05 feet to a point; thence turning and running a course of North 83 deg. 07 min. 00 sec. West a distance of 61.60 feet across the right of way of NCSR 1200 to the point or place of beginning; mining thence from the point of beginning a course of North 83 deg. 07 udu. W sec. West a distance of 400 feet to a point lying in the Itighwater mark of Oie Currituck Sound; thence turning and running in a Northwesterly direction along the highwater mark of the Currituck Sound and following the courses and meanderings thereof to a point in the Itighwater mark of the Soured, which point is located by following a tie -line from the terminus point of the preceding call, which tie -line has the following courses and distances: North 32 deg. 45 min. 10 see. West a distance of 135.0 feet to (he terminus point of the tie -line; conning thence from the point established a course of North 83 deg. 07 min. 39 sm. Fast a distance of450lbet to a point located in the Western margin of NCSR 1200, which point marks the Southeastern comer of the property now or formerly owned by W. S. Braithwaite as shown in a deed recorded in Book 203 at page 570 of the Dare County Public Registry, thence turning and running South 06 deg, 12 min. 00 sec. East a distance of 216.60 feet along the Western margin of NCSR 1200 to die point or place of beginning. The above -described property is subject to an easement for ingress and egress along and across a 10 foot portion of properly located on Ore Southern boundary line of the property described above, which easenient is reserved for the benefit of the Grantor, his heirs and assigns, and to such persons as may be designated by the said Grantor. ecelvao Auct o 12o�s DC�" 4�PrH� CITY Gi The said easement is more particularly identified as follows: Beginning at the point of beginning referred to in the description set forth above and thence running a course of Notch 83 deg. 07 min. 00 see. West a distance of 400 feet to a point in the highwater mark of the Currituck Sound with said easement consisting of an area 10 feel in width bounding such line on its North side and x parallel with such line from the Western margin of NCSR 1200 to the high watennark of tie Currituck Sound. TRACT THREE: UI c� ALL THAT certain lot or parcel of land located and being in Atlantic Township, O UI Dare County, North Carolina and bounded as follows: V3 co Beginning at an iron pipe or other marke• located and being on the West margin of the right of way of North Carolina Slate Road No. 1200 leading North from the village of Duck, the said beginning pont being located along said West margin of the right of way of the aforesaid Slate Road on a course of South 8 deg. 40 min. East 50.00 feet from an iron pipe or other marker located and being at the intersection of die West margin of the right of way of the aforesaid State Road with the South boundary of the lands now or formerly owned by Ruth Tate, die same being the North boundary of the lands formerly known as the Blanche Wescott Tract; thence from the beginning point South 81 deg. 30 min. West 207.31 feel to an iron in or other marker; thence cornering South 41 deg. 14 min. paid 59.44 foot to an iron pipe or other market.thence comcring Nol Ih 81 dcg. 30 nria. 175.32 feel to an iron pipe or other marker located and king on the West margin of (lie right of way of die aforesaid Stale Road; thence following the West margin of the right of way of the aforesaid State Road North 8 deg. 40 min. West 50.00 feet to the point of beginning. The property hereinabove described was acquired by Grantor by instruments recorded in Book 1167, Page 376, Dare County Public Registry. Also see Will of Elizabeth A. Braithwaite, Dare County File No. 98-E-24, TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurienunces thereto belonging to the Ghmrtce in fee simple. And the Grantor covenants with the (hantec, that Grantor has done nothing to impair such tide as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor except for the exceptions hereinafter stated. Tine to the property hereinabove described is subject to die following exceptions: I. Exception is taken to 1998 ad valorem taxes. 2. Exception is taken to any easements and restrictions of record. t' RECEIVED AUG 01 2016 QCM— "faa CITY IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written. (SEAL) David A. Price, Trustee pursuant to the Testamentary Trust for the Benefit of Mathew S. Price, as established pursuant to the Last Will and Testament of Elizabeth Braithwaite co x t •°�� (SEAL) tv . Richardson, rustee pursuant to 4es�t"Vnicntary Trust for the Benefit of Mathew S. c� Pryce, as cAablished pumunnt to the Last Will and Testament of Elizabeth Braithwaite � -�y ) William Savage Braithwaite, Jr. -,, illy (SEAL) Watson Allis Braithwaite 4�.. (SEAL) fames Brock Braithwaite (SEAL) Wendy D. Jraithwaite STATE OF North Carolina COUNTY OF Dare 1, Lawrence W. Riage a Notary Public of the County and State aforesaid, certify that David A. Price, Co-Tnlstee pursuant to the Testamentary Trust for the Benefit of Mathew S. Price, as established pursuant to the Lest Will and Testament of Elizabeth Braithwaite personally appeared before me this day and acknowledged (lie execution of the foregoing instrument - Witness my hand and official stamp or seal this die 4 th day of September , 1998. JA antp) 43a�dEPh i� M ommissionExpires: Marc 31, 2002 me �p AORVe C. 4 ............. A UJ 4� V�. RECEIVES AUG 01 2016 DCM. MHD CITY Q G"T a OAra. LLI. All MWIV AT IA11',v% ll 4n .0 Y asn.o..11, alY M MI Ynr Ift K M U111 MN STATE OF 1PG0 CVNT' OF Vtilu600 a Notary Public of the County and, Slate aforesaid, certify that John W. Richardson, Co -Trustee pursuant to the Testamentary Trust forthe Benefit of Mathew S. Price, as established pursuant to the Last Will and TeslameNi'pi' 1pebeth Braithwaite personally appeared before me this day and acknowledged of the foregoing instrument.=Cy;:pj:l."� _ l Witness my hand and official stamp or seal this the Jr day oF:' d�9tT Notary Public /d,3/ or (seaystamp) My Commission Expires: -d ••" STATEOF V11urvW/A COUNTY OF tJ I fJG.1 1 A 85 CA-4 J, aU l r l' • IviApritii y , a Notary Public of the County and Slate aforesaid, certify that William Savage Braithwaite, Jr. personally appeared before me this day and acknowledged the execution of the foregoing; instrument. WiWess my hatul atud ollicial staup er sell, this the,?Ic i Jay of !*1 hrM1&C , 1998. Notary Public '(sepvstamp) MyCommissionExpires: jlZAltG� 3/r7QQ� STATE OF COUNTY OF n / / 1, nnra. P. )V,2 tPGCS , a Notary Public of the County and State aforesaid, certify that ataon Allis Braithwaite personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, t the .,.12 ay of q t998. 7 No Public (seaVstamP) MyCotmnissionExpires: 5 Ix C" RECEIVED AUG 01 2016 DCM- MHD CITY f{h "AVA IlaYa'm An 111 A11AW 141 . CY ntlal�". 9 a, flm RLKa,a M aloe STATE OF N C M 12 15PG060 COUNTY OF _ 1, „l 0A A a Notary Public of the County mid State aforesaid, =rtity that James Brock Braithwaite personally appeared before me this day and acknowledged the .i executiou of the foregoing instrument. t ". ..Witness my hand and official stamp or seal, is the 10 day of 1998. sf. M.- NoKy Public G r (sesifstampj: MyCommissionExpires: STAATE OF , COUNTYOF Sj 1, IU ViM PI�,UG I I , a Notary Public of the County and State aforesaid, certify that Wendy D. Braithwaite personally appeared before me this day and acknowledged the execution of the foregoing instrument. �t,�Witness my hand and official stamp or sea the I day . �f 1998. t N Public" (setiv$smp) MyCommissionExpires: MI : • C�l, =-i.•NC�JtTH'`CAROLINA. DARE COUNTY TheforegoingCertiticate(s)of Lawrence W. Riggs S Sharon B. Powell of Dare Co., NC, Tara T. Decker, Elvis C. Mahaney E Donna R. Maeeus of Comm. of Va. all Notaries Public istare certified to be correct. This instrument and lids certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Barbara M. Gray BY: V jt,rKpP& REGISTER OF DEEDS ASSISTANT REGISTER OF DEEDS F:AW0RDYCLIaNMBKA1TilwA.M"flHO.aP2 i Z016 ut�M, , AD CITY Received �1;�In 4 V 2�1tb `RC D ME V a i' ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Boa 3266, Kitty Hawk, NC 27949 (252) 261-7707 Phone/Fax CERTIFIED MAIL RETURN RECEIPT REQUESTED June 13, 2016 County Manager Bobby Outten PO Box 1000 Manteo, NC 27954 Dear Mr. Outten, Allis Holdings LLC is applying for a CAMA Major permit to construct a pier with 6 boat slips and 72 feet of walkway to connect to the proposed pier. The project is located at the Blue Point Restaurant located at 1240 Duck Road adjacent to the Currituck Sound in Dare County, Duck, North Carolina The specifics of the proposed work are in the enclosed application and drawings. Received As the adjacent riparian property owner to the aforementioned project I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this project, please send your written comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 1367 U.S. 17 South, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments will be considered by the Department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-261-7707, or e-mail me at dougdaec@gmail.com. Sincerely, Doug Dorman SIGNATURE DATE JUN S 1 Z016 DCM-EC RECEIVED AUG 01 2016 DCM- MHD CITY Received ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 Phone/Fax CERTHUD MAIL RETURN RECEIPT REQUESTED June 13, 2016 Phantom Enterprises PO Box 308 Youngstown, PA 15696-0308 To whom it may concern, Allis Holdings LLC is applying for a CAMA Major permit to construct a pier with 6 boat slips and 72 feet of walkway to connect to the proposed pier. The project is located at the Blue Point Restaurant located at 1240 Duck Road adjacent to the Currituck Sound in Dare County, Duck, North Carolina. The specifics of the proposed work are in the enclosed application and drawings. juiv 21 2016 DCM-EC As the adjacent riparian property owner to the aforementioned project I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this project, please send your written comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 1367 U.S. 17 South, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments will be considered by the Department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-261-7707, or e-mail me at dougdaec@gmail.com. Sincerely, Doug Dorman SIGNATURE AUG 1, 1 ^1,i DCM, IV.. DATE ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Po goX, /COC3 Alcl- 9590 9402 1609 6053 1099 98 7015 1730 0001 3043 6207 Form Jumpfe a gems'1','2, and 3. Alsq Gj rpplete em• Restticted Delivery is deli? 0. ,. .l'Y-ur name and address on fhe,reverse sathat'6ve can return the card to you. 1 Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed toIV ls�G9t5-0308 ❑ Agent by D. Is delivery silliness different from Item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Pnonly, Mal Ewess® ❑ Adult Signature ❑ Registered Mail- ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restrcted Mail® Delivery Certrrtified Certified Mall Restricted Delivery ❑ Retum Recelptfor ❑ Collect on Delivery Mergentllee ❑ Collect on Delivery Restricted Delivery 0 Signature Congnnatlon^ n In-ured Mail ❑ Signature Confinnatlon ured Mail Restricted Delivery Restricted Delivery ar Saflnl Domestic Return Recelpt ❑ Agent C. Date of Delivery D. Is delivery address different from item 1? ❑ Ye: If YES, enter delivery address below: ❑ No 3. Service Type f&Certified Made ❑ Priority Mail Express' ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes Article Number (Transfer from service label) Form 3811, July 2013 Domestic Return Receipt 4 Received t8?T' DCM-EC RECEIVED AUG 01 2016 DCM- MHD CITY RECEIVED AUG 01 2016 DCM- MHD CITY ra I • - 117 a _ YOUKSTQWNr: PA 15646 nitiadPn,o e S3.30 0449 m t a Services &Fee' (rJmep a>x, aa�i lase tar 07 .]flt Re,Ipl lhalPN 0 I'.] Rem. Reaapt(t4waiRld S_-. ._ Postmak Q 1 ❑CeAlied Mail Resv¢ten peiioery 4___ _. Here E IjAt1Ult Siysnwra Re4aree 4�pm j ❑ neat Slgnamae Fwstrkted Reiivery s _—i V • V V — t7 Hostage f1.15 i'otal Postage and F$7.15 06/15/2016 ry I i/ r-3 and ,ry Safe �Ir- � �ou��siaw,�, Postal CERTIFIED MAILDRECEIPT o Domestic Mail Only MA11#601 44 279% m C3 $3.30 0444 _ C t a servicaa & Faes rmack—b,7 o r 07 n lei ❑;iefurn Reulpt lha¢"caP'il 5.... 40,00— O $._._-W.00— Postmark O $0._00__ Here p ❑a �r.w R t- a s In� --nrya� a S au hest' iea (:eLsp S � V V_ Ali '°� �. CD o1.ge r f1.15 iD M1 _ __ rq ITotat Postage and Fees 06/1 S/2016 ° ,( s $7.15CD Ln N, orPb Box No 4.zoo -- .10 w. 7,4 §\�\\\� / « «~: J , �ƒ\ ORIM \� � y� �6 � C) 0 W —This is a word processing form to be completed in Microsoft Word*** (h NC Division of Coastal Management Vj Major Permit Application Computer Sheet (1110112012) Applicant: Allis Holdings, LLC Date: 712712016 Project Site County Staff.. Ron Renaldl District: NElizabeth City Washington []Morehead City ❑Wilmington Project Name: Rover File: SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑ Yes M No Photos Taken: Yes ® No[-] Setback Required (riparian): Yes No Critical Habitat Yes No Not Sure 15 foot waiver obtained: C1 Yes ® No Hazard Notification Returned., []Yes ®No SAV. ®Yes ❑No ❑Not Sure Shell Bottom: Yes Z No [_1Not Temporary Impacts Z Yes No Sure Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP. N Yes [I No Oyes ®No Moratorium Conditions: Yes ZNo Environmental Assessment Done: ❑NA I ❑Yes ❑No®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters ($W) High Quality Waters (HOW) U Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp) 0 (SS) Glasswort (Sallcomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgress (Spartina (SY) Salt reed grass (Spartina altemi6ora) cynosuroides) ❑ (DS) Salt or spike grass (Dishchlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; ❑ Ill(D) Priv. public or comm w/ D&F to 1 3490 can be applied - $250 acre; 3490 cant be applied - $400 El 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 - N IL Public or commerciallno dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 Ill(C) PrM public or comm w ID&F to 1 acre; 3490 can be applied; DCM needs DWO agreement - $400 252-808-2808 :: 1-888.4RCOAST :: www.nccoaatalmanaaament.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Allis Holdings, LLC Date: 712712016 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 Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Pier'r head 1 New Work 0 Replace 180 6 Maint ❑ ❑ Y N N Platform t New Work 0 Replace 40 6 Maint ❑ ❑ Y N N Elevated 1 New Work 0 Replace 72 6 Accessway Maint ❑ ❑ Y ® N Marsh Boat slips 6 New Work 0 Replace 6 Maint ❑ ®Y ❑ N New Work Replace Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y ® N New Work 0 Replace Maint ❑ ❑ Y ®N New Work 0 Replace Maint ❑ ❑Y[IN New Work Replace Maint[] ❑Y[IN New Work Replace Maint [I ❑Y❑N New Work Replace Maint❑ ❑Y❑N New Work 0 Replace Maint [I ❑Y[IN New Work Replace Maint❑ ❑Y❑N New Work Replace Maint [I ❑Y❑N Q New Work Replace Uj Maint [1 ❑Y❑N c�u Q New Work Replace W �" r Maint❑ ❑Y❑N o New Work Replace W r Maint ❑ ❑Y❑N FWO New Work Replace Maint ❑ ❑ Y ❑ N Q New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 r NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Allis Holdings, LLC Date: 712712016 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 Nacre DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount ow Dredge ❑ Fill ❑ Both ❑ Other ® 1602 1602 CW Dredge ❑ Fill ❑ Both ❑ Other ® 150 150 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 ❑ RECEIVED RECEIVED AUG 01 2016 DCM• 252.808-2808 :: 1.888.4RCOAST :: www.necoastalmansuerrignt.net revised: Nov. 2012 Regulatory Division Action ID No. SAW-2011-01897 Mr. Jim Braithwaite Allis Holdings, LLC Post Office Box 1544 Virginia Beach, Virginia 23451 Dear Mr. Braithwaite: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office 2407 W 50 Street Washington, North Carolina 27889 July 16, 2019 ql—It/ Please reference the Department of the Army permit issued to you on September 30, 2013 and the subsequent extension of December 13, 2018 for permit modification to impact an additional 0.27 acres of jurisdictional wetlands and relocate an existing conservation easement associated with construction of another parking area at the Duck Waterfront Shops located at 1240 Duck Road, west of NC Highway 12, adjacent to the Currituck Sound, in the Town of Duck, Dare County, North Carolina. The permit is hereby modified to include the work as shown on the enclosed plan as well as the additional special conditions related to compensatory mitigation. It is understood that all conditions of the original permit remain applicable and that the expiration date is unchanged. Enclosure Sincerely, David M. Lekson, PWS Chief, Washington Regulatory Field Office RECEIVED JUL 2 2 2019 DCM-MHD CITY 4 Copies furnished with enclosure: Mr. Doug Huggett CAMA Major Permits Coordinator NC Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Todd Bowers Permit Review Specialist Wetlands Regulatory Section USEPA — Region 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, GA 30303-8960 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 Fishery Biologist Habitat Conservation Division -Atlantic Branch 101 Pivers Island Road Beaufort, North Carolina 28516-9722 Mr. Doug Dorman Atlantic Environmental Consultants PO Box 3266 Kitty Hawk, NC 27949 Special Conditions for Permit Modification SAW 2011-01897 July 15, 2019 a. 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 U.S. Army Corps of Engineers (USACE) prior to implementation. b. 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. C. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. d. 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. e. In order to compensate for additional impacts to 0.27 acres of wetlands, the permittee shall make payment to the Great Dismal Swamp Restoration Bank '40 (GDSRB) in the amount determined sufficient to perform the restoration of acres of riparian wetlands in the Pasquotank River Basin, Cataloging Unif(F 1�G\-(A 03020105. f. The Permittee shall preserve and maintain 0.93 acres of DA jurisdictional G�� wetlands identified on the attached plat entitled, Modified Indivdual Permit Site Plan for Allis Holdings, LLC dated July 15, 2019. The Permittee is prohibited from performing any of the following activities on the property: Filling; grading; excavating; earth movement of any kind; construction of roads, walkways, buildings, signs, or any other structure; any activity that may alter the drainage patterns on the property; the destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage, trash, or other waste material; or any other activity which would result in the wetlands being adversely impacted or destroyed. g. Prior to beginning work authorized by this permit, the Permittee shall execute and cause to be recorded a conservation easement prohibiting those activities listed in condition f. above. The holder of this easement shall be approved by the Corps of Engineers prior to recordation of the easement. The Permittee shall provide the Corps of Engineers, a copy of the recorded easement within 60 days of the recordation of the easement. The Permittee shall take no action inconsistent with the terms and purpose of the conservation easement on the property described therein. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Action ID: SAW-2011-01897 Permittee: Allis Holdings, LLC Project Name: Duck Waterfront Shops V2 NCDOT Project Reference: County: Dare Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Bank or In -Lieu Fee (ILF) Sponsor, who will sign the form to verify the transfer of the mitigation credits. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USAGE) 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 mitigation associated with a single permit action, separate forms shall be provided to each mitigation Sponsor. Instructions to Sponsor: The Sponsor should verify that the mitigation requirements shown below are available and ensure that they have received payment before signing this form. By signing below, the Sponsor is accepting responsibility for the identified mitigation. Once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank/ILF Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: ..-_ .._ _. �_.__ ..:.:__.:__• c_aia+ up tr nna R.dn• Want n?n5_-Chnwan River Basin Permnteu onpau.a neyan:u6 Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Non -RI arian p Coastal Riverine Non-riverine .27 'If more than one mitigation sponsor will be used for the permit, only include Impacts to be mmgereu Uy rl,1> >Vul: o_a:M• w it end Rain- nint n,)n5_ [howan River Basin t.ompenaaw:y:vnuguuv..nrya.. Stream (credits) Wetland (credits) Warm Cool Cold Riparian Riparian Non-Ri arian P Coastal Riverine Non-riverine 54 Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Bank/ILF Sponsor shown below, and certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (or advance credits for ILF programs), as approved by the USACE, are currently available at the bank/ILF site identified below. 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. Mitigation Bank/ILF Sponsor: Great Dismal Swamp Restoration Bank —Timberlake Mitigation Site Debited: (List the bank site to be debited, or indicate "Advance Credits" for ILF use of advance credits) Name of Sponsor's Authorized Signature of Sponsor's Authorized Representative Page 1 of 2 Date of Signature RECEIVED 2 2 Z019 Form Updated 14 ugust, 2012 DCM-MHD CITY USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 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 Bank/ILF Sponsor, and in the USACE administrative records for both the permit and the Ban k/ILF Instrument. It is the Permittee's responsibility to provide a signed copy of this form to the USACE Project Manager at the address below. 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 by the mitigation Sponsor and USACE Project Manager. For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below. USACE Project Manager: USACE Field Office: Email: Josh Pelletier Washington Regulatory Field Office US Army Corps. of Engineers 2407 West Fifth Street Washington, NC 27889 PELLETIER.JOSH.R.127148 Digitally signed by 3267 PELLETIERJOSH.R.1271483267 Date:2019.07.15 13:47:12-04'00' USACE Project Manager Signature July 15, 2019 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 htto://ribits.usace.armv.mil. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatorv.usacesurvev.com/ to complete the survey online. RECEIVED Deceived AUG 0 8 2016 jul- I � Xrb Dcm- MHD CITY f%;M-EC soM I rl IOWA! SHEET 2 OF 3 NOW OR FORMERLY PHANTOM ENTERPRISES 115,52- CURRITTUCK IL SOUND BUIWING COOK - - ---- ------- ---------- Exlsnxo C4 & WALKWAY KWEDAY PIER 4 EXISTING B EXISTING B NOTE: 40 ABoVE �7< T-7 OT OAR WALK ELEVATED 7' N ll� -- - ----------- - --------------- ,655 SF OF BOARDWALK OVER NNI 0 M C'BulD o 0 m C= < 0 m Mello c; ND v OVA P�o 4 4 EXISTING TOWN OF DUCK DOCKING FACILITY .10. ES o NOW OR FORMERLY SHEET 1 OF 3 DARE COUNTY WATER FRONT SHOPS DOCKING FACLILITY/WALKWAY ALLIS HOLDINGS, LLC 1240 DUCK ROAD DUCK - DARE COUNTY - NORTH CAROLINA f 50' ol loo, 200' 300, ........... 41Z4KIC ZNV1,f0N#f1Vr4Z CONSULTANTS, .9 ZZ C GRAPHIC SCALE 1"=100' A 0. BOX 3266, KITTY HAWK, N.C. 27949 (2.52)261-7707, e-mail doagdaigo(Ogmallcom DATE: 6/7/16 REVISED: 7/13/16 FILE: WFS 2016 DRAWN BY:DAD ARMY CORP Received t 8 JUL 18 201a DARE COUNTY NORTH CAROLINA KWIC ALOEMiRLC SO@ID CURRITUCK SOUND -S.6' X 2 . X _3.4' —s.z' x 1 PROPOSED PIER 3 4 x —2.6' (6' X 40') _2.6' x 5 6 X —2.6' —2.5, X —2.0' X C APPROxIDIATE LfM1TF OF SAV(EEL GRASS) GROMH SAV COVERAGE IS—5OZ-6Or —2.z' —1.5, X —1.4' mm m m m ny m m CpASfAL 11ELlANOsm PRO(60,SX072')L Eva -1.0' I RETAIL 'U 1! RETAIL I S 1 9 1 9 1 5 I I i3 -y / t EXISTING t3a PARXWG u3 Milo to ill 11illIa9 I130 n31 1�... I l LESEMO COASTAL WETLAND LINE — — — —--•—'-- - — — NORMAL WATER LEVEL —..—..—.._..— 75' AEC LINE —•—•— — — — 30' DCM BUFFER LINE --------------- LIMITS OF SAV GROWTH EXISTING WATER DEPTHS 6 I -1.6' X -1.0' X )SED PIER X180') m mI m m COASTAL PGIIANB2 m m � m So' LOU BETM BLUE POINT RESTUARAUNT m HOOF LW: , agC 0 VICINITY MAP m a �© m m A m � � W � a m N K� !G LGGQC •N z Z n3 _ a d ,35 N%- �O BOAT _.—.---- �_-�--- 0 0.27 _ ._.N: ----- 60. R/W - - .-.-.-._.-. —.—. DUCK ROAD — ._.---- _ — -- _ -- �-- —.—.—._._.— —�— SHEET 2 OF 3 WATER FRONT SHOPS DOCKING FACLILITY/WALKWAY ALLIS HOLDINGS, LLC 1240 DUCK ROAD DUCK — DARE COUNTY — NORTH CAROLINA 25' ,1 SD 100 150 ATLANTIC ENV11?0N)WfNTAL CONSULTANTS, LLC _. GRAPHIC SCALE 1'=50' P.O. 90/r 9266, l(ITTY H,4#'/(, NO. 27949 (252)261-7707, e-moil dowdoeo gmoil. com DATE: 6/7/16 REVISED: 7/13/16 FILE: WFS 2016 DRAWN BY:DAD ^r ` 6' 2X6 JOIS 0.4 CCA 6' 2X6 JOIST 0.4 CCA - _ - - - -_ 2X6 DECKING 0.40 CCA - 2X8 GIRDER #2 SYP or 2X6 DECKING 0.40 CCA #1 W/RADILIS EDGE 2 SYP or w 12z8 GIRDER 7 W/RADILIS EDGE Q Q � _ �h 6 LLI a� PION ® ` ci PILING € ! EXISTING BOTTOM W f.� EXISTING BOTTOM o o ` QVi LN z o� TYPICAL PIER CROSS SECTION WALKWAY CROSS SECTION OVER COASTAL WETLANDS o = s N.T.S. N.T.S. Q I � z h � I Q 1 I J I p CD 0 I U M --------------------------------------- N LLJ 4====� 4====� 4====� ii 4====�1 4====� FT--- ii Q II I I I I I I I I I I II I I I I I I II II II II II II II II II II II II II II II II II II II II II II � w - < U Z I I E IS'MG RESTAURANT '.STING WAITING AREA ERL417NG DECK N I� II II I IL a II II I 6. --_J1____________________ ROPOSED ------------- ------------- ------------- ------------- J \ PIER I I I I I I PROPOSED I Q I I I I//ffiSTING PILINGS \I I I I STAIR I - U) I I I f I I I I PROPOSED WX6' LANDING U PROPOSED WALKWAYCL I I = yl ROPE I I I I I I PRII I I I I G GRADE ..._.. ... m.L..._... .._..._..._... ..._..._.r,O,S, '�-41 - - --..._..._..._..._..._..._..._ M I I Q o .. .. I I - I I I I LJ LJ LJ LJ LJ i 0- IL I BUILDING ELEVATION NOT FOR CONSTRUCTION N N.T.S. PLANNING PURPOSES ONLY J V_ 1 Rpceived �9 ii •1 �� � JUL 19 MO SHEET 2 OF 3 NOW OR FORMERLY PHANTOM ENTERPRISES ° (J red a t CURRTTUCK ° SOUND a �f a ° a Q r. PROP SED PIER ° l & WALKWAY ° a EXISTING BULKHEAD — EXISTING BOARDWALK— NOAOTE: RDWALK ELEVATED 7'4" ABOVE 655 5F OF BOARDWALK OVER NWL DUrnNO BU MNO a twrnNo ° c M=NO BuBMNB a k a COOK DRIVE OZ IH t BVBINNOMsVW j u k v ✓� a° 4 d< ° ° 4 4 VICINITY MAP EXISTING TOWN OF DUCK yN coz£y ' DOCKING FACILITY V sBY£.[0YZ ,l0' £C£ o � NOW OR FORMERLY SHEET 1 OF 3 DARE COUNTY N8303'58"y WATER FRONT SHOPS DOCKING FACLILITY/WALKWAY ALLIS HOLDINGS9 LLC 1240 DUCK ROAD DUCK — DARE COUNTY — NORTH CAROLINA 50` Ol 100, z°°' 3°°` ATLA/VT/C E/1/!///�0/l/il�E/VTAL CO/�SULT14 IS, LLC GRAPHIC SCALE 1"=100' P.O. 90X 3266, K/TTY 11A11%, NO 27949 (252)261-7707, e-mail doagdaeoPgInail oom DATE: 6/7/16 REVISED: 7/13/16FILE: WFS 2016 DRAWN BY: DAD -a w I ARMY CORP i yAllM=S0WM Received JU 18 I'M DARE COUNNORTH CAROLINA CURRITUCK SOUND -6.6' X PROPOSED PIER 3 4 x -2.6' (6' X 40') _z.fi' x 5 • 6 ° ° X -z.s' -2.6' X -2.0' X APPROXMiCATE LIDOT OF SAV(EEL GRASS) GROW7I SAV COVERAGE IS-607,609 -2.2, -1.6' X -1.4' er. m COASTAL VETL'VWS ZUS72NG -1.0' X -- RET sTR'IGORE , RETA� ORE L -1 I I I I I IB Iv 101e lal �� /y134 1 EXISTING - PARSING in // 1, 1"1"1I1D0 j101 i^'•I h I I COASTAL WETLAND LINE ----•-"- - - ----•••- NORMAL WATER LEVEL —..—..—..—.._ 75' AEC LINE ...... — — 30' DCM BUFFER LINE -- LIMITS OF SAV GROWTH -1.2' x EXISTING WATER DEPTHS 6 -1.6' X ISED PIER c X 180') -1.1' X m ,u COASTAL irclzeW n m a c VII V—A -2.•\ NI y I DEQC �� _1.1 AaTsrDrc DAor 14M: t//?mom- �,_ I / N SO' DOE DUFFER WXE - � BLUE POINT RESTUARAUNT 105 NI BOAT SLIPS o. _ -- --�—o r::, �— ._ - -' ------ ---------------- ° 02— — ._ROAD N.0 _12_so' R/W............ _.—•—•—"_._ DUCK _•_._.—.—. —-- ._._..._._ -- _.— — SHEET 2 OF 3 WATER FRONT SHOPS DOCKING FACLILITY/WALKWAY ALLIS HOLDINGS9 LLC 1240 DUCK ROAD DUCK - DARE COUNTY - NORTH CAROLINA 25• °' S°' '°°, 150 ATLAMT/C E/l/V/RO/1/ME/�;TAL CO�ISULrA/�175 LLC GRAPHIC SCALE 1 "= 50' P. 0. 90.Y 3266, !KITTY 11,4W K, NO. 27949 (252)261-7707, e-mail dougdaecOgmail°com DATE: 6/7/16 REVISED: 7/13/16 FILE: WFS 2016 DRAWN BY: DAD ,K A M 6' c � 2X6 JOI 0.4 CCA e' V - _ ... q2X6JOIST CCA, - -� ' ^ ... � 2X6 DECKING MO CCA V !1 2x8 GIRDER-,,---.,#2 SW or 2X6 DECKING 0.40 CCA rr #1 W/RADIUS EDGE #2 SYP or W 2x8 GIRDER �^ #1 W/RADIUS EDGE l 03 Le W Q N V APIIJNG—�Q p q PILING EXISTING BOTTOM ' EXISTING BOTTOM o V D ZrD z pti� U TYPICAL PIER CROSS SECTION WALKWAY CROSS SECTION OVER COASTAL WETLANDS J o o I� N.T.S. 1 m N N.T.S. /-�_ J U C� o C) ~ h r--------------------------------------------------------------------------------------- O � z Of I Y I Q I D� �2 00 M ---- t--------------------------------------------------------------------------------- -IT------------- N LLI n _______________________ __�___—_____________—_ Ti— ---- ==== 4 4 4====�1 4====� ET--- I I �_ Q II I I I I I I I 1 I I I II I I I I I I II II II II I1 II II II II II II 11 II II II II II II II II II II N ii cy J I w I I I I I I I ffiSTINC RESTAURANT I I EBISfING WAITING AREA EXLSMG DECK I II II w II II ROPOSm ------------- ------------- _ __—__ ___ J \ PIER I I I I I I I I PROPOSED I U /E7 SSG PR,INGS I I I STAIR I - U) I I I f I I I I PROPOSED 6'x6' LANDING CJ PROPOSED WALKWAY ROPOS I I I I I I I I m °e PIUNGS I I I I I I I I G GRADE HbTfO ..._L..._... _... ...I .A_... .. .._.. .. .. _ �.J... ._. ... ._... ._.. .. I._I ... _j_}. ._ _ _..._..._..._..._..._..._...— I I CL I I � EXIS'fING I I I I I LJ LJ LJ LJ LJ L_� Ll O� S >1 BUILDING ELEVATION NOT FOR CONSTRUCTION N N.T.S. PLANNING PURPOSES ONLY J 11 RECEIVED AUG 01 2016 DCM— Rs HD CITY