Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
92-15 Barber, Joseph & Luann
I% :h )Permit Class NEW Permit Number 92-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Joseph & Luann Barber, 251 Breezy Banks Road, Roper, NC 27970 Authorizing development in Washington County at adjacent to the Albemarle Sound, 251 Breezy Banks Rd. Roper NC as requested in the permittee's application dated 5/30/15 including attached workplan drawings (2), both dated 5/29/15. This permit, issued on September 15, 2015 , 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. Shoreline Stabilization 1) The alignment of the permitted bulkhead shall be verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 2) No backfill material shall be placed within 30 feet of the normal water fine, except that which will be used to backftll the area behind the permitted bulkhead. 3) The bulkhead shall be constructed prior to any back -filling activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when. the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program.. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. V f/ ., BraxtoiYC Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permitiee Joseph & Luann Barber Permit No. 92-15 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of fill materials within water or vegetated wetlands is not authorized. 5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 7) No excavation, or other land disturbing activities, is permitted except for that which may be required for the construction of the bulkhead wall. This permit does not authorize any excavation waterward of the approved alignment. 8) All backfill material shall be clean and free of any pollutants except in trace quantities. 9) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Sedimentation and Erosion Control 10) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 11) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfrlling activities. General 12) No open water areas shall be excavated or filled, even temporarily, outside of the area as indicated on the attached workplan drawing. 13) No excavation or filling of any vegetated wetlands is authorized by this permit. 14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written consent of the Division of Coastal Management. 15) The perinittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the project fiction ID No. SAW-2015-01940. Joseph'& Luann Barber Permit No. 92-15 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 15-0640, which was issued on 7/14/15. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. Permit Class NEW Permit Number 92-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission erM1,t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Joseph & Luann Barber, 251 Breezy Banks Road, Roper, NC 27970 Authorizing development in W ashinlnun County at adjacent to the Albemarle 5ouna, .5 t Breezy Banks Rd. Roper NC , as requested in the permittee's application dated 5/30/15 including attached workplan drawings (2), both dated 5/29/15. This permit, issued on September 15, 2015 ; 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. Shoreline Stabilization 1) The alignment of the permitted bulkhead shall be verified by a representative of the Division of Coastal Management within a maximum of 0 days prior to the start of construction. 2) No backfill material shall be placed within 30 feet of the normal water iiae, except that which wilt be used to backfill the area behind the permitted bulkhead. 3) The bulkhead shall be constructed prior to any backfiliing activitie-.,. RECEIVED (See attached sheets for Additional Conditions) OCT Q g 2015 h-- - -- __-- -- - � This permit action may be appealed by the perminee it other Signed by the authority of the Secretary of DENR an the qualified persons within twenty (20) days of the issuing daw. 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 Divisior approval. All work trust cease when the permit expires on December 31, 2018 In issuinZ. this permit. the State of Ninth Carolina ag!ees :hat your project is consistent with the Noah Carolina C oa>i: l Management Program. t/Y Braxto . ,. Davits. Director Division of Coastal Management 'ft:ia pnntt !ad a, .,;udir..,,u are uoreby accepted. nnc' /V-1, � Signature of Permitee r 4 i i�i�✓ISs'f �I(_��/��1<Z�,i_`u�f�1;�!^�iatiV'"i`-'�! Application Processing Notes Applica Type: (check all that apply) New Major Mod_ Permit #_ Minor Mod_ Renewal_ Transfer_ Permit Coordinator Field Representative Date Time Message W,11[15 =CAM 'ivl,Q,iled kU,At (MaAA Dun, ,) fcv- Z!ISPM Cf CA, a K1vivt VV[A+- Ltd mc*04 Wv-/K- 3:-�O em U�- cal" Vc vin HeA - rea wwQAds �kn,�ndaral �t� r�ndtif�lms l� �. R /K ( (s (o 10 A-M t R5 r,Vw1 a "IA ,f-fa spa i ws Lxpdohr- 0/y/(S Iu,,4M GA5 (A%CG fw C*Wwj-)At 4uAvcd Gal I -Om a,ppu (O-Vf Vd i CA'" a1Aisoslk e 0 a, w,00in procass� vl9 hYv�. a/►`�l(5 I PM CAS CVV"kQA CCOIG� -bD ash - iVf CDW" S I Q� (A) reaved rcpitij �, el Spears, Courtney From: Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil> Sent: Monday, September 14, 2015 1:00 PM To: Spears, Courtney Subject: RE: Major CAMA permit - Luann Barber Courtney, I am so sorry. I have been in and out of the office for the past few weeks and must have over -looked your email. I will make sure you have something from my by the end of the day. Sorry for the delay. Josh R. Pelletier Project Manager United States Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 (910) 251-4605 We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: httP:Hregulatory.usacesurvey.com/ Thank you for taking the time to visit this site and complete the survey. -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Monday, September 14, 2015 12:57 PM To: Pelletier, Josh R SAW Subject: [EXTERNAL] Major CAMA permit - Luann Barber Good afternoon, I contacted you about a week and a half ago on a couple permits that I have inherited as I started my new position with DCM. I have an applicant who is very eager to get started on their bulkhead project. I apologize for emailing again, but we are only waiting to hear back from the Corps before we can finalize the permit decision. Did you receive all the information you need to provide comments for this proposed bulkhead at 251 Breezy Banks Road in Washington County? If not, I would be happy to forward any information you require. Thank you! Courtney Spears Assistant Major Permits Coordinator NC Division of Coastal Management courtney.spears@ncdenr.gov 252.808.2808 Ext. 215 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties Spears, Courtney From: Pelletier, Josh R SAW<Josh.R.Pelletier@usace.army.mil> Sent: Monday, September 14, 2015 3:08 PM To: Spears, Courtney Attachments: Barber CL 31.docx Mr. Huggett, The U.S. Army Corps of Engineers, Wilmington District has authorized Ms. LuAnn Barber to construct an approximate 60 linear foot bulkhead an average of 14 feet below NWL, at 251 Breezy Banks, Road, adjacent to the Albemarle Sound, Roper, Washington County, NC. This authorization was issued via Programmatic General Permit 198000291 CAMA (NC Coastal Area Management Act). All terms and conditions of this permit apply. Please attached the following condition in any issued 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 (USAGE) prior to implementation. If you have any questions or concerns please let me know! Josh R. Pelletier Project Manager United States Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 (910)251-4605 We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatory.usacesurvey.com/ Thank you for taking the time to visit this site and complete the survey. (Bast revised 12M7rea) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Pdmary Applicant) Landowner Inffe m6aVon Business Name Project Name (if applicable) Applicant 1: First Name MI E Last Name 7C) 6e-p in c,r.b-e ipplicant 2 First Name LLt9nn AAI �- Last Name n 6arbeV' If addlHonat applicants, please attach an adddional page(s) wlth names Nsted. Mailing Address ,5I r PO Box city D P StateAz ZIP Q' �7 tJ /� � 1 I c Country hone No. _ 62-3qI✓ -fJ' (k,66ext. FAX No. Street Address (d d flarent from above) City State ZIP S Ct r' z, Email -��j I ��t 2/l- l_ ±L m CO rn U 2. AgetWCofremcdorWonMion Business Name RECEIVED Agent/ Contractor 1: First Name MI Last Name JUL O 1 20b Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 Phone No. 2 FAX No. Contractor # Street Address Cif different hom above) City State ZIP Email <Form continues on baclo Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit ' County (can be multiple) l,li(,f,5h j n � Street Address ,J*State Y'� -v Ba n S� A 5 1 a Zr') Rd. # � f� Subdivision Name NOD City Roper State NM- Zip OiV)C/06 Phone No. Lot No.(s) (rfmany, attach addNonal page with list) Z -3YJ -,66 dj()ext. I I I , a: In which NC river basin is the project located? b. Name of body of water nearest to proposed project 5 9 Lt 0 n L( h of c. Is the water body Identified In (b) above, natural or manmade? (Natural ❑Manmade ❑Unknown d. Name the closest major water body to the proposed project site. 60 rl / e L4 e. Is proposed work within city limits or planning jurisdiction? ❑Yes 'KNo - f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) . D -f4- . -3S J ! �l 5 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or / Z- Cb C, r-r - NiVL (normal waterleval) (If many lot sizes, please attach addfional page with a list) ❑NHW or [ANWL e. Vegetation on tract f. Man-made features and uses now on tract " g. identify and describe the existing land uses ad scent to the proposed project site. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ❑Yes ❑No JjNA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes JVNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes [RNo DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Dyes No ❑NA National Register listed or eligible property? «onn continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. () Are there wetlands on the site? ❑Yes Q No a (11) Are there coastal wetlands on the site? Oyes PNo (g) If yes to either () or (ii) above, has a delineation been conducted? ❑Yes ❑ No (Attach documentation, ff available) n. Descdbe existing wastewatertreatment facilities. e d. , r,( n le o. Describe existing drinking water supply source. l.. 8 lil n 1a p. Describe existing storm water management or treatment system. p � n / „f-j S. Acdvkfw and Impacts a. Will the project be for commercial, public, or private use? 4, ❑Commercial ❑Public/Government Pr U OPrivate/community b. Give a brief description of purpose, use, and daily operations of the project when complete. cro51br) G. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where Itis to be stored. 1. I yp! ced bu lh hetzd cc r-,s r'LLC+/'0Ya , 60ood, back -Abe d. List all development activities you propose. 0-0 f,.t 5+r u GA b u I K h t Q ,..,�w ) l0 7 tqc, cO.Cent f0rope► ilC5 4 bcAc144 e. Are the proposed activities maintenance of an existing project, new work, or both? L ll f. What is the approximate total disturbed land area resulting from the proposed projed7 i,Q 3o A.Ft or ❑Acres g. Will the proposed project encroach on any pudic easement, public accessway or other area Dyes No ❑NA RECEIVED that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. n f f y'� f V f/ /'9 6+4�M-4PF+b1 titre 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 VNA j. Is there any mitigation proposed? []Yes ❑No NA If yes, attach a mitigation proposal. <Foem continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit � ��7dlaffo�v��8:leaP®vara��b®�t s - —� !n addibon Po this otimpIs application form` (MP f) the (ollowrn `NemsG®fosb rtapp(Ica61e must po submdPaaim orderforthe ep,.pGcatron. !3 package to be complete (Pours (a}=•(Q'are afyvays applicable Po anyyfreJor developmonP appllcab¢n`; Plaas� wnsolQfiie apptrhon rnsbd66on bookl®'t on 6ow,fo prdjedy preparo Pha required item bblow '' ' ' 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 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 LaCE QYaiyf /Z. () t0 Phone No Name Phone No. Address ID'45-0 Shore 1;n-e. t'J� t)-I- ershu� iCL 0*70 7- 397 A)9S Name - i� -.., Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A11 A h. Signed consultant or agent authorization form, if applicable. I. Welland 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. t 13A 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. 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 informati n provided in this application is truthful to the best of my knowledge. C ' fo,'t Qh a� � L� L Date � / _ ,'7 b` / Print Name Signature Please indicate application attachments pertaining to your proposed project. /NDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM M134 Structures Information Isr') 4 -1 Farm RCM MP-2 . (EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental Information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Length Width Avg. Existing Depth Final Project Depth 1. EXCA Access Other NLWne� ( Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL stabilization NA NA NA NA t luly a. Amount of material to be excavated from below NHW or NWL in cubic yards. _. 0) Does the area to be excavated include coastal wetlands/marsh (CW'), submerged-aquaf}c vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the - number of square feet affected. ❑CW _ ❑SAV ❑SB I❑WL _ ❑None (11) Describe the purpose of the excavation in these. areas: 2. DISPOSAL OF EXCAVATED MATERIAL i. Location of disposal area, (1) De you claim title to disposal area? ❑Yes ONO ❑NA (ii) If no, attach a letter granting permission from the owner (i) Does the disposal area include any coastal wetlands/marsh (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ ❑WL ,_ []None (if) Describe the purpose of disposal in these areas: section not applicable b. Type of material lobe d. High -ground excavation in cubic yards. section not applicable b. Dimensions of disoosal area. d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (if) If yes, where? I. (i) Does the disposal include any area in the water? ❑Yes ONO ❑NA (It) If yes, how much water area is affected? JUL 01 2015 UQM-WHu e44 3..SHORELINE STABILIZATION. ❑This section not appl/cable (If development is a wood groin, 'use MP-4 — Structures) a. Type of shorellne stabilization, b. Length: NBuikhead i " Riprap Breawater Sill .. - Other. c. Average distance waterward of NHW o NWL: q Width: d, Maximum distance waterward of NHW <OWL: — / {a e. Type of stabilization material; f. (1) Has there been shoreline erosion during preceding 12 j� months? s Yes []No []NA (li) 1 yes, state amount of erosion and source of erosion amount informatii000nn.l� g. Number of square feet of fill'to be placed below water level. h. Type of rill material. n ' Bulkhead hackfll7 RiPrap Breakwater /Sill_ Other — I. Source of fill material, q c, .�.. ' u .NWL. 4. OTHER FILL ACTIVITIES XThis section not applicable (Excluding Shoreline Stabilization) a. (i) WIII fill matedal be brought lo*lha site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SS), or (it) Amount or material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the number of square feet. affected. (iii) Dimensions of rill area ❑CW ❑SAV ' ❑SS _ (Iv) Purpose of fill ❑WL ❑Npne (ii) Describe the purpose of the rill in these areas: . GENERAL a. How will excavated or fill material'be.kept on site and controlled? C' rn _42 c. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No �WA (ii) If yes, explain what type and how they will be implemented. What type of construction equipment will be used (e.g.. dragline, backhoe, or hydraulic dredge)? bol�kh��. d. (i) Will wetlands be cro so in transporting equipment to project site? ❑Yes NNo ]NA (ii) It yes, explain steps that will be taken to avoid or minimize environmental impacts. Dale Project Name ect ek)ey- k5i GAP rr--,e . C25- / 91-er- ? '6D q ks 90 aQ®Pe"- /L0 AlA l bema Y'l � cur p'p-,o 8,11<hea-d h Prop a `f xKb�--r Pnop�.,4v 3o f-F �rnA Ropt - Nc Aemnxp4 Bulk he Oct 4 Ajm4 prop RECENED JUL 0110'6 H . a 3cc ► b--e r p(operf y +Eh-d4--o E 7g0seh p �1 �5 1 S rr2:,tL3ck, goP'er tvC � J Pr'o`Josecj eczck �; I 5-,Zi�-ISr y r m m �+ m m O e��w NGDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor G,� Secretary DWQ Project No.: ��—�// County:/� �cln>hI f7Q40►'2 Applicant: �0 c5 mall 9 L u /'D rl h ��JC�L/ib e F" Project Name: /.��" Zy � �" L b Abit Aope r NC Date of Issuance of Wetland Permit: _ L✓ Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification L L- A91-7i7 6a rbeY hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials. Agent's Certification I, J-0 6 teph 66 rbe/" hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and /or Buffer Rules, the approved plans and specifications, and other supporting materials. If this project was designed by a Certified Professional I, . as a duly registered Professional (M ineV Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date Division of Water Resources- Water Quality Regional Operations Section - Washington Regional office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 Fax: 252-975-37161 Internet: www.nodenr.gov ED D CITY An Equal Opportunity 1 Afimiative Action Employer— Made in part by recycled paper A� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary September 15, 2015 Joseph & Luann Barber 251 Breezy Banks Rd. Roper, N.C. 27970 Dear Sir or Madam: 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 .Yincerely, � Douglas V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808.28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity % Ate�mative Action Employer DCM Coordinator: l , Saa r5 Permit N: ! 2 1 S� MAILING DISTRIBUTION SHEET JPermltee: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City JWashington Wilmington US ACOE Offices: %/JOsb �*,t ,her Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome INC DOT) Wilmington: Tyler Crumbly Liz Hair Cultural Resources: / �l Renee Gledhill -Early Public Water Supply: 7 lane Williams(WIRO) V Joey White (WARD) Marine Fisheries: Shane Staples Gregg Bodnar NC DOT: ✓Ken Pace Shellfish Sanitation: Patti Fowler Shannon Jenkins/Jeremy Humphrey / "r State Property: Tim Walton Water Resources: %Karen Higgins (Raleigh) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis-401 Chad Coburn - 401 DEMLR JScott Washington: Vinson-Stormwater Wilmington: Georgette Scott-Stormwater Wildlife Resources: %/Marla Dunn LPO: l DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT"S NAME: LuAnne Barber 2. LOCATION OF PROJECT SITE: The project site is located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County. Photo Index- 2006: 133-6743 (1711) 2000: 133-1561 (S15) 1995: 133-1411 (G13) State Plane Coordinates - X: 2,744,000 Y: 813,000 (Leonard's Point -Upper Left Corner) 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/10/2015 5/18/2015 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete - 16 June 2015 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - 1994 Washington County Land Use Plan Land Classification From LUP- Conservation (Land) and Conservation (Water) (B) AEC(s) Involved: PTA, EW, CS (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing - Remnant bulkhead Planned - Bulkhead and backfill (G) Estimated Annual Rate of Erosion: None Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED (A) Vegetated Wetlands Wooded Wetlands (B) Non -Vegetated Wetlands 840 ft2 River Bottom (C) Other Upland (D) Total Area Disturbed: 180W (E) Primary Nursery Area: No (F) Water Classification: SB Open: No OTHER 1UN 2 9 2095 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper. Barber Washington County PROJECT SETTING LuAnne Barber has submitted a Major CAMA request to bulkhead and backfill their property on the Albemarle Sound. The 0.5 acre project site is located at 251 Breezy Banks Road off NC 94 in the Town of Roper in Washington County. The property is currently residential with a dwelling on site. The properties to the West and East of the project site are residential and are currently stabilized by bulkheads. The project site has a remnant bulkhead 2ft waterward of both the up and downstream adjacent properties' bulkheads. The remnant bulkhead is 14ft waterward of Normal Water Level (NWL) and the erosion escarpment is 16ft landward of NWL. The Albemarle Sound at the project site is classified as SB by the Environmental Management Commission and Coastal by the Marine Fisheries Commission. PROJECT DESCRIPTION The new bulkhead will be 2ft landward of the remnant existing bulkhead to connect with the adjoining properties bulkheads. The new bulkhead will be 14ft waterward of NWL and backfill to the erosion escarpment that is 16ft landward of NWL. The area of disturbance will be a max of 30ft landward of the proposed bulkhead impacting 1800ft ANTICIPATED IMPACTS The project will result in localized turbidity due the installation of the bulkhead. The project will also convert 840if of shallow soft bottom to uplands and convert the sandy beach (96W) to high ground. Kevin Hart- 17 June 2015 Washington Regional Office RECEIVED JUN 2 91015 ,,,"- WARD TRACKING FORM Date application first received in WaRO Date application received as complete Check Deed X Narrative Location Map MP-1 Plat(s) MP-2 Cross Section(s) MP-3 �� Green Cards _ iA A MP-4 Postal Receipts ' MP'- 5 Letters to Adjacent Property Owners i i Agent Authorization Form Mitigation Plan 15' Waiver Left Side II N 15' Wavier Right Side Preliminary review by Date RECEIVED JUN 2 9 2015 APPUCAII,N for Maier IM1990811 Permit (tact ravbad 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner infor matlon Business Name Project Name (if applicable) Applicant t: First Name MI E Last Name Are 7a sap h k- Applicant 2: First Name Lit /-)r)n MI Last Name �J pGt✓ ��� If additional applicants, please attach an additional page(s) with names !!sled. Mailing Address 5 / 81-oc 0 y & r) �� PO Box City P State ZIP c�-71[.�!'--7 Country Phone No. t 62-314 1 -J' (,)JQext. FAX No. - - StreetAddress(A different from above) City State ZIP S Ct. YY1 Email cfmiq0 1r7 u 2. AgerWContractor IMormation Business Name Agent/ Contractor t: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. t ext. Phone No. 2 ext. FAX No. Contractor # Street Address (A deferent from above) City State ZIP Email <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION f% Major Development Permit 3, ProjeciC®cafron ;' - .., .. -.. ........ •.. ... County(can be multiple) I UGShi r1 f�� Street Address 5 I l3 reezy ,gor n s State Rd. # 3 I S Subdivision Name NH City Roper State N0- Zip A-9C/06 Phone No. Lot No.(s) (d many, attach addMonal page with List) ' ! £ / Z. -3 t71 - J tb go ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project' IDQ5 9 Lt 0 Lt h c. Is the water body Identified in (b) above, natural or manmade? Natural ❑Manmade ❑Unknown d. Name the closest major water body to the proposed project site. 66 r16J r U. e. Is proposed work within city limits or planning jurisdiction? ❑Yes %No f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. ^ , a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft) 6—F7' . / -3 S 4, iv L5 c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high Woo or / Z GL C, Y-P NWL (normal water level) (lfmany lot sizes, please attach additional page with a list) ❑NHW or [ANWL S-rJ-F e. Vegetation on trail f. Man-made features and uses now on tract (� ul f YT'l.� v ' 'Ir>°15 i C.{ r2 Y)C t'- y 1 g. identify and describe the existing land uses adiaeent to the proposed project site. `0 51 h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? ; `ekv Lt'CJ (Attach zoning compliance certificate, if applicable) e5 CJ 7 ❑Yes ❑No NNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes LVNo IL Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes RNo ❑NA If yes, by whom? - L Is the proposedproject located in a National Registered Historic District or does it involve a ❑Yes XNo ❑NA National Register listed or eligible property? <Form continues on next page> ,,Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes PjNo Ill Are there coastal wetlands on the site? ❑Yes �ANo (iii) If yes to either (i) or (III above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. _ ct' i. cty) +l o. Describe existing drinking water supply source. l : b U n 1 tj 1k la:4_„ v, p. Describe existing storm water management or treatment systems.. /vA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ,-, ❑Commercial ❑Public/Govemment Prj L) O'iil §(Pdvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. frO 51 b ►-) c. Describe the proposed construction methodology, types of construction equipment to be used during oons"clion, the number of each type of equipment and where It is to be stored. 7y fJi ca-1 bLL1K he cud co ns-fruc},on , & JOrd) back h e- /1 d. List all development activities you propose. W rn 5+r u GA bulkhead �o c4aCer'-t t9 rope r-fl'Ps +L back-4)'H e. Are the proposed activities maintenance of an existing project, new work, or both? -f /- a�., f. What is the approximate total disturbed land area resulting from the proposed project? —r-ryrjQ 30 qq.R or ❑Acres g. Will the proposed project that the public has established encroach on any public easement, public accessway or other area No ❑NA use of? It. Describe location and type of existing and proposed discharges to waters of the state. A f 1. Wfll wastewater or stormwater be discharged into a wetland? ❑Yes []No JQNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No VNA J. Is there any mitigation proposed? ❑Yes ❑No VNA If yes, attach a mitigation proposal. V L <Fonn continues on back> JUN 2 9 2015 Form DCM MP-1 (Page 4 of 4) APPLICATION foorr, Major Development Permit 6 �,ddrPlonaFlnformatfon /n addition to IS ctimpleled epplicaton Mrmr (MR ljthe to//owing hams below >f appf/ca6lo mustb8 subrTulfetllrtorderfoYfhe.eppNcahoo _' pec(rage to be deiriplefe. ffams (aj = (Q are aAuvays applicable to any ma/or developfnebt appllcahgrrf Please consult the appGcetort , instiuehon booklet on tiod&"(o prdperry prephreYhe required items 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, cleady 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 unfamlliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant clalms tRle to the affected properties. 6. 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 LrCe 9 �CA��c� FflilYlnO i ;Phone No ,Address %.CAlo t'b( Ra(.,;�i M'Ot�tf%7'/.li�. Name ,LI 5IX . / gZ p Phone No. Address Zog5-0 Shore /%n'e 0/- '7c97— 397 /09S ,Name ':Phnne No 'Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. m�lA h. Signed consultant or agent authorization form, if applicable. t. Welland 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. 11 3A 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 uncerstano mac any perm¢ issued in response to mis appncamon we 011OW bray u,e onvciopmern U�U IWOU 111 OIC uppewu.m. 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 informed n provided In this application is truthful to the best of my knowledge. Date 5- —'�; 0- / Print Name Signature Please indicate application attachments pertaining to yot DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts form QCM MP-2 . EXCAVATION and FILL (Except 'for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental Information. Describe below the purpose of proposed excavation and/or rill activities. All values should be given In feet. Length Width Avg. Existing Depth Final Project Depth Access Other Channel (tNLIN or Canal Boat Baslrt Boat Ramp Rack Grain Rock (excluding Breakwater shoreline stabilization NA NA NA NA I. EXCAVATION VThla section not applicable a. Amount of material to be excavated from below NHW or cubic yards. _. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged -aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW __ ❑SAV ❑SB _ [3WL _ ❑None (it) Describe the purpose of the excavation in these, areas: b. Type of material to be excavated. d. High -ground excavation in cubic yards. ?. DISPOSAL OF EXCAVATED MATERIAL his section not applicable i. Location of disposal area, (1) Do you claim title to disposal area? OYes ❑No ❑NA 00 If no, attach a letter granting permission from the owner. (i) Does the disposal area include any coastal wetlands/marsh (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ ❑WL _ ❑None (it) Describe the purpose of disposal in these areas: a area. d. (I) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (it) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (it) If yes, how much water area is affected? *CBVED JUN 2 9 2015 3..SHORELINE STABILIZATION. ❑This section not applicable] development Is a wood groin, use MP-4 — Structures) a. Type or shoreline stablllzadon: )Pulkhead Riprap -CI6reakwalar/Sill =(Olher.— c. Average distance waterward of NHW o NWL: j q f-f Width:}, d. Maximum distance waterwardof NHW OED e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 i r 1 months? ---K6L Yes ❑No []NA (If) I yes, state amount of erosion and source of erosion amount Information. t g. Number of square feet of fill to be placed below water level. h. Type of till material.. (� Bulkhead backfil_ Riprap — CLeQ.I 1 Sal ri� Breakwater/Sill Other Source of rill material. $ 4 0 cJ c % ++ 1644 wbwA2D 1W (- 4. OTHER FILL ACTIVITIES XThis section not applicable L (Excluding Shoreline StabillzaUctn) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (1) Will fill material be placed in coastal wetlandsimarsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (11) Amount of material to be placed in the water other wetlands (W L)? If any boxes are checked, provide the — number of square feet, affected (I(Iv. - v) Dimensions) Purpose of fil1l1 fill area ❑CW ❑SAV ' — ❑SB — OWL ❑Npne (li) Describe the purpose of the fill in these areas: GENERAL a. How will excavated or fill material bekept on site and controlled? ND� So rPCaf n,-� C. (i) Will nevi ationat aids be required as a result of the project? ❑Yes UNO ft..MA (it) If yes, explain what type and how they will be implemented. Bate 2 ti r` Project Name b. What type of construction equipment will be used (e.g.. draglin( backhoe, or hydraulic dredge)7 ba�kh�e d. (i) Will wetlands be cro sed in transporting equipment to project site? ❑Yes �fJ0 NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. T;Poseoh E 4eLuAf7,z Lrheh 6Ct,-bfr /�t'�%c�Fr)c� a�i Brer 2,y ,Banks Apt A0PPy 40 " ""This is a word processing form to be completed in Microsoft Word""" NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: SEi'� + ,tl :3A13ER Date: 010 IG� Project Site County Staff: 40 PAK-r District: ❑Elizabeth City Washington ❑Morehead City OWilmington Project Name: A Rover File: Date application "received as complete" in the Field office (EX: 1/8/2007): Gf/l. /r r, 311,? DESCMP's't�.�y o->k:;v i1-iiVr;"ri'SiA.w'•,"1<)Iv PNA: Yes WO Photos Taken: Yeso NXE Setback Required (riparian): Yes o Critical Habitat: ❑Yes []No ❑Not Sure 15 foot waiver obtained: ❑Yes o Hazard Notili tion Retumed: ❑Yes ❑No SAV: ❑Yes []No of Sure Shell Bottom: Yes ❑No of Sure Temporary Impacts: Yes No Sandbags: UYes VWo LJ Not Sure Did the land use classification come from county LUP: []Yes ❑No Mitigation Required (optional): ❑Yes ❑No Moratorium Conditions: ❑Yes ONo ❑NA Environment sessment Done: ❑Yes [:]No VSNA . ECOIIIDARY VVXA ER CLASSIF!":A T i3ON — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) El Swamp Waters (SW) El High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS SMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Giasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina 0 (SY) Salt reed grass (Spartina aftemiflora) cynosuroides) ❑ (DS) Sall or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) SO (JR) Black needlerush (Juncus El (SP) Salt/meadow grass (Spartina roemerianus) patens) :^AP PLI CAT; 0N FF. E. No fee required - $0.00 III(A) Private w/ D8F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D8F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D8F of permit - $100 permit - $250 . more than 1 acre - $475 El Permit Transfer - $100 0 III(B) Public or commercial wl D8F to 1 El Express Permit - $2000 acre; 3490 can be applied - $400 El Major development extension request - II. Public or commercial/no dredge $100 an r fill - $400 RECEIVED El I. Private no dredge and/or fill - $250 1Z III(C) Priv. public or comm w /D8F to 1 a ; 3490 can be applied; DCM needs JUN 2 9 2015 DWQ agreement - $400 1y, ,- , ;, Applicant: Date: 5/5/2010 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 Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One New Work Replace V I L Maint ❑ Y❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N NewWorkO Replace Maint ❑ Ely ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work D Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work 11 Replace Mart ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace - rECFVEC Maint ❑ ❑ Y ❑ N revised 02115/10 Applicant: Date: 5/5/2010 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total ncludes any anticipated restoration or tern im ads 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 tempimpacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount S Dredge ❑ Fill Both ❑ Other ❑ 0 Dredge ❑ Fill Both ❑ Other ❑ O O 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 JUN 2 9 2015 r ..11H ,-'W' No� A-7970 PrQ© C-- O-f rr Our pro, eel ors ouv- pro tie 4v i -f-o reap ce-, o u r e� 0�+; r-�g �jc� Lk hL4e_-f0 hurr, can clomade© Ltoe L�j,)o rrf 4 c oo nS54 r uct , n,L ) b Q l A hecO -f hoof 11 0-o r r-) e<:?,4 +o -f t ad c:tCerz G F o 0 ro p(E')/-fg C� back h-t, C{ ►�e� -�rz� ►'��' ba I -, head 4c) -Pi l L i n propy1+1 erns vn 41 ry-a),t4a i"n r-uctU YI j n4`J r'4(-1 a-P the bC,)-ikheaO, Al ► r)Lcrph Prop vo u rd pro�.� F3u-ik {,end y-P Lf eAmiq 1 5 -zc-i- t -- m t -0`5'eph tact rr C �y Raper �C lie mnla n� B ui k hid A ►c,4 prop 4 RECEIVED JUN 2 9 2015 BT U+-4<,Hy c-;4 t PrZD(55pc4 pjack fI II / Back -f I I � o ko,�, &-U� IZJD 5-71��!�5 i�� Pi'©`JoSec� 0�-5yh g19Pr r yRl`--N�y. e.Y-i� �. .Y..ra.-. .,, - 'F�tiYd'�' T --rr-.T"'`l �►i:w` r N:I+T.'". �.'.�� T�.� k Yrk.,tn lY .�"' �:� ��y{�y,�"t y ni���L•.���j.,},. "' •., . ,oad, Roper, NC 27970., Y•; `a° ,� '.'r'� yr •A . �.` �' a✓ �,.+-� w'aA'a .. '_"�„r► • ST ♦:Not yetcaptured.- r r• YY�IF•�iyY�.4 -V't _+,,��♦ ��,F1• ..' �,.r •.s_.i" „� .il'�Or t11w-'�}r'`'. • - = q"�r x'..�AC itr^s, r ^'Y,4 :'i.J �'i ti♦�s,�L /Y -+ A'F`•�ay.x f Y A-ISY.'dJ ^3 _ +a.r:a rr .,S".;y+i"��bWir� `^�^ t ., a tfhfl�v � 7 ��ijjr" � .'cl 'R"":+ .•+~ iwi.a� fir..-� �il.', 1itaY '�-w2...� r .. ��. iCa�./� �.1 ♦, �t ! T t A,� y'�i .M r Fi/H^ � i M . ./ f'M •' Y{Y '� 1 1 •�� t'r�' s.rJt ..r�••f. s+. �'.'v fV2s r _C �' �. '^ ,�• t yr! i • 'rY 'ae� k�eiy{Y et R�• 1.. � �A, �•.�' �ti' �`µtr'� ♦ . .�. l �.• .i r) r. 'T• v. (`. r r3�4 �.t,"r�y ++ �l,,yy „ v,7t A; . :f4' .t •, Y+t; , 'xti . +'' 'i A ,ti t r'; 'r��•-rt sky ! �� �} t' 1 �. ='�' `�F :+. Ky'L�1 t� .,. 1. a r .7 r "+ ,c �, � � � �v �f,+}�'. '►' :� ,�' �Z.'� � ... . 'tg,,.,i' +ra .., L.�'; 4' ..� ylCai,♦ ,'= ':f"�.+ : . •+ar '%� h�� k �� � r'+ .w�•'�''. 1. v:r ��.+ �•� � 1 .. �� Z1 t y,�yEm''t i1i�.� 1�'� v~ .i° � i i` r �y „ � � �`;• , r o,^'T . tom; � �r• � t j ' s w �� i !''� s•' dJ •i. '�'U .W a at t iV�,,� f1i Sy„r #�. 2L ``�"'idi.� .`t.s.t' �.;a +�,,}���y�'L,�yt •4 ..- ':��}n+s Lr ' ,. „x i +. r t� .' -� x •) '1t +.1 '� k .,��.ir. ! ^ "',• k 1 ''�' `!1� tiiJ �`1 A y. it -�l� �I�J'.., �r � 4 l �%j'�'at '� +"Li. �Y.tt l4, Y�y}7 - 0409 �. V f � • � +.. ,LJ. .wP'�'E .r y��•.J ��� �t`•'~ �"''�'i. r� �-wl �� ��,�� � p„r,A"5,�,`� •�1\����.i, "t � " �'. .�+. �} Rw re, ..wa�S4.'i'�:1 . Y, ., •+�ry,�. i�r-F'f ti,`t w'oSJ�.'�..`Syy%A^f. ta::: �, • '�.�':; �'�x+ � t �.. � a. � �:..:t^C��'.'i.#�xw L3���,��/��•'?:.+"y `• •u�y'� `�SErj,- a�x 'Er �; AL'µ .o ♦}.•, r.l�r•.r `'Nd�' ♦ f�. ,+• N �ttltl�,�� •K.' 4f��'�/�.tl j.:,r"�yl E`• `d �SK i'i,1�1f+�.•sry:'� ..v J•yi. Y� �N •• Z�O,y✓1-lr'%�' • •`tA�` �� IL AV i •'' �"t • .s ,,.'F"J•1 w)— v 1i� ,.y7...�. ^ 'v 1� �,�w:,�. ;4'�y� *.5 y : ;�`: • : -V . r ,��.nj ;;% ' y '� ~ , •�- M"'.� I)J•xt":w�'!!••••A.i]r~ �•14'•�t•'Si: f��i"`Cf+• •� "'+��i .r'�rf�� v„N�J'�y'7i ..rr '�',./y��MrF[ i�+yG� � � �".i •la Xd i•f.� `' ��\ r}� f �%�'n-'Ifi� •I�y I j:1?� � q;y�'ti,�'~ �.rrA: •, .�•'<i�•y.�::.� r. v.:�itlr�.i.+�r ..r�. :�,.'�„`y `. wJi'Ll'{'•.Yt � t'.'�+ ,I:'^t'}is�t,��•,7. y�}.t•H�'.p+, •+�'d•A .:�.�✓•„i �'if �r"°p �►�P- + �•'"r �ir`,,.h�-.n �;,^b'ty�(d���,,�' v i 11 'ry } JTii'.'• h n �fr ♦'yi•� !I tMl� ji7 a�Ii �.1�f\,,,,� •, tl�It �.�� - ..1� r�l y. + �{�(, tt� t Ri . ^�•Y. '•' w,1. • Y. •. n r' +V 1 w L ; 1 ~ • • '1 ! Jr tQ�fV� M ,r.w �� j 1r �•rs.� ��a • ^, ..�LL��! J2-�:n. ..1•'�� `�1�:��+ i�.rp�j.1�'%� /� '� fir ,�. }T•�ljT . l:a���•x('l�• t ... •7�[� _ ti W' .r, 'i.. ;l'�ir, y�r+y-';,s �y1 •.t 1. 'O•� 'b�rTr ± I Jl, f r• '1. � a •tll, R.0 i w.� 'y, ,.ii�Ai A r ,.a1�`I•�'. ^., .I. Y. ".1.L!'. `•t r el= i} s•eW a.'< r - J, ' ...f'� }I^�� a.. �.!• �r�:.}'l. f`�FiJ r�s ;�Li.r�s{•;,'�.��7X'li �� .^aa.r �,H �-��' v � is DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: LUANN BARBER County: WASHINGTON COUNTY LOCATION OF PROJECT: PROJECT SITE IS LACATED OFF NC 94 ON BREEZY BANKS ROAD IN ROPER ON THE ALBEMARLE SOUND IN WASHINGTON COUNTY DATE APPLICATION RECEIVED COMPLETE BY FIELD: 16 JUNE 2015 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: KEVIN HART DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $ 400.00 (60l40) PUBLIC NOTICE RECD: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES RECD: DEED RECD: APPLICATION ASSI �To.f.JItCCQ�r' ON: C) 75 DAY DEADLINW 150 DAY DEADLINE: I 1 �/ 7J//S MAIL OUT DATE: STATE DUE DATE: &O's FEDERAL DUE DATE: FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO/ NOTES Coastal Management - Regional Representative b f t Coastal Management - LUP Consistency Division of Community Assistance / 5 Land Quality Section Division of Water Quality 7xt V1% Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health �5 Division of Highways Wildlife Resources CommissionT37 SIK r Local Permit Office Division of Marine Fisheries Z �/ Corps of Engineers C I i , /K PW5 �/W ( 5 AA MoV North Carolina Department of Environment and Natural Resources Division of Coastal Managernnent - -- Pat McCrory one Governor s RECEIVED MEMORANDUM JUN 2 6 2015 TO: Charlan Owens District Planner Division of Coastal Management COASTAL PANAGLIVEt FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 June 2015 SUBJECT: CAMA Application Review APPLICANT: Joseph and LuAnn Barber Respoad_tn Morehead City Office PROJECT LOCATION: Project site is located off NC 94 on Breezy Banks Road in -Roper on the Albemarle Sound in Washington County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper. Please indicate below your position or viewpoint on the proposed project and return this form by 15 July 2015. Please contact Kevin Hart at 252-948-3936, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This offi bjects to the proposed project for reasons described in the attached X CM tents. _Sigt Date (• (ir RECEIVED JUL 0 6 2015 943 Washington Square Mall, Washington, NC 27889 000-um6i cµu, Phone: 252-946-64811 FAX:252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM TO: Doug Huggett, DCM Major Permit Coordinator Division of Coas anagement FROM: Charlan Owen CP, DCM NE District Planner Division of Coast Management Donald R. van der Vaart Secretary SUBJECT: Major Permit Request by Joseph and LuAnn Barber to install 60 linear feet of bulkhead with associated backfill along the Albemarle Sound; at 251 Breezy Banks Road, east of the NC Highway 32 Bridge, in Washington County. DATE: July 1, 2015 Consistency Determination: The request is consistent with/not in conflict with the 1994 Washington County Land Use Plan certified by the CRC on July 29, 1994. Overview: The project site consists of a''/2 acre lot with approximately 60 linear feet of shoreline along the Albemarle Sound. A single-family house and associated improvements are located on the property. Shoreline improvements consist of remnant bulkhead located 14 feet waterward of Normal Water Level (NWL) and 2 feet waterward of bulkheads on adjoining properties to the east and west. An erosion escarpment has formed behind the remnant bulkhead, 16 feet landward of NWL. Installation of 60 linear feet of bulkhead along the Albemarle Sound is proposed. The bulkhead will be located 2 feet landward of the remnant bulkhead and tie into existing bulkheads to the east and west. Backfill will be placed behind the bulkhead and within the erosion escarpment. The waters of the Albemarle Sound in this area are classified as SB and are closed to shellfish harvesting. A review of historic and archaeological resources was not provided. A review of Submerged Aquatic Vegetation (SAV) was not provided. Anticipated Impacts resulting from this project are expected to include: the filling Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and of Public TrusVEstuarine Shoreline AEC. of 840 sq. ft. of the 960 sq. ft. RECEIVED JUL 0 6 20B 04444Ahw k24h 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.necoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer— Made in part by recycled paper North Carolina Department of Environment and Natural Resources Division of Coastal Management Basis for Determination: MEMORANDUM Page 2 of 3 The Washington County Land Classification Map identifies the project site as "Conservation". As noted on Page IX-9 of the Land Use Plan (LUP), AECs, including but not limited to public trust areas, estuarine shoreline or estuarine waters as identified in 15A NCAC 7H, and other environmentally significant lands, are identified as "Conservation". The following are LUP policies that may be applicable to this request: Resource Protection: Policy #2, Page VIII-6. "Preserve and protect Areas of Environmental Concern (AECs) within Washington County. a. Support and complement Coastal Resource Commission efforts to protect, preserve, and manage Areas of Environmental Concern (AECs) c. Support development in AECs only if such development meets the management objectives in 15 NCAC 71-1.O2O3 and the use standards in 15 NCAC 7H.O2O87 and .0209." d. Ensure that development within the estuarine shoreline does not significantly interfere with existing public rights, usage and access to navigable water and other public resources..." e. Ensure that all land development plans within AECs have evaluated all alternatives to controlling pollution, limiting drainage and reducing other potentially negative impacts related to land use activities." Policy #3, Page VIII-8. "Preserve and Protect naturai, cultural, and historic resources within Washington County." Policy #7, Page VIII-10. "Stormwater runoff ...The County will support existing guidelines and land development criteria for stormwater management and runoff related to private land uses... The County supports State and Federal stormwater runoff criteria applicable to land development." RECEIVED JUL 0 6 2015 ye"-"Mb) (�144 North Carolina Department of Environment and Natural Resources Division of Coastal Management Policy #13, Page VIII-11. "The damaging of existing marshes by bulkhead installation When necessary, bulkhead installation should be conducted employing appropriate construction and resource protection techniques. Bulkhead installation, however, is not a critical issue in Washington County at this time." MEMORANDUM Page 3 of 3 Storm Hazard Mitigation Post -Disaster Recovery and Evacuation Planning Goals, Objectives and Policies: Policy #2, Page VIII-29. "Coastal Storm Mitigation Policies: b. Policies related to discouraging development in Most Hazardous Areas The County remains supportive of CAMA permitting processes for development standards for shoreline stabilization and drainage along the County's estuarine shoreline areas." RECEIVED JUL 0 6 2015 WASU-401HO ts" NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM TO: Mr. Lee Padrick Division of Community Assistance FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 June 2015 SUBJECT: CAMA Application Review APPLICANT: Joseph and LuAnn Barber PROJECT LOCATION: Project site is located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper. Please indicate below your position or viewpoint on the proposed project and return this form by 15 July 2015. Please contact Kevin Hart at 252-948-3936, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed "'�4-"e— Date :2 /C5—/� RECEIVED JUL 18 106 UQ*44ia eu,: 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer - Made in part by recycled paper Pat McCrory Governor A&I `CDENR North Carolina Department of Environment and Division of Coastal Management MEMORANDUM TO: Mr. Samir Dumpor DWR Water Quality Programs 943 Washington Sq. Mall 30 l5D(l�)-. Natural Resources C; _ s}pgtl Itl n der Vaart '., $® ..� � ,v Lyn JUN 2 5 2015 FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 June 2015 SUBJECT: CAMA Application Review APPLICANT: Joseph and LuAnn Barber PROJECT LOCATION: Project site is located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper. Please indicate below your position or viewpoint on the proposed project and return this form by 15 July 2015. Please contact Kevin Hart at 252-948-3936, if you have any questions regarding the proposed project. When appropna. e, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated.See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date 7—Z :5 943 Washington Square Mall, Washington, NO 27889 Phone: 252-946-6481 \ FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Oppodunily %Af irma0ve Aclion Employer— Made In pan by recycled paper PWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Don Van der Vaart Governor Secretary July 23, 2015 Joseph E. Barber 251 Breezy Banks Road Roper, NC 27970 Subject: EXEMPTION from Stormwater Management Permit Regulations CAMA Major- Dredge & Fill / Bulkhead / Pier Barber bulkhead and backfill Stormwater Project No. SW7150612 Dear Mr. Barber: The Washington Regional Office received a copy of your CAMA Major application for the new bulkhead and backfill project at -the property located at 251 Breezy Banks Road, near Roper, Washington County, NC on June 25, 2015. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Resources, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter, please contact me at (252) 946-6481. Sincerely, r Samir Dumpor, PE Environmental Engineer cc: Doug Huggett, DCM Washington Regional Office Division of Energy, Mineral, and Land Resources . Land Quality Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-64811 FAX: 252-975-3716 Internet: hllo•llnorlal ncdenroralwebllr4and-auelily An Equal Opportunity l AHlnnallve Action Employer- 50% Recycled 110% Post Consumer Paper NOT A CAMA PER, KCDENR . North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary July 14, 2015 DWR # 15-0640 Washington County Joseph and LuAnn Barber 251 Breezy Banks Road Roper, NC 27970 Subject: Approval of 401 Water Quality Certification with Additional Conditions Joseph and LuAnn Barber Bulkhead Replacement- 251 Breezy Banks Road, Roper Dear Mr. and Mrs. Barber: You have our approval for the impacts listed below for the purpose described in your application dated June 24, 2015 and received by the Division of Water Resources (Division) on June 26, 2015. These impacts are covered by the attached Water Quality General .Certification Number 3900 and the conditions listed below. This certification is associated with the use of CAMA Major Permit. and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management Issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)) Type of Impact Amount Approved Amount Plan location/ (units) Reduced (units) Reference Attached Permanent Temporary Open Water OW-1(Bulkhead) 0.02 (acres). 0 (acres) CAMA Permit Figure 2: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be Division of Water Resources - Water Quallly. Regional Operations Section - Washington Reglonal Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946.64811 Fax: 252-975-37161 Internet: www.nodenr.gov An Equal Oppodunity\Affirmetive Action Employer— Made in part by recycled paper Joseph and LuAnn Barber DWR # 15-0640 401 APPROVAL Page 2 of 4 given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)) 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3900. [15A NCAC 02B .0507(c)] 4. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SB Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (I) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0220] S. Re Opener Clause Joseph. and LuAnn Barber and their authorized agents shall conduct their activities in. a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean .Water Act) and any other appropriate requirements of State law and federal law. Joseph and LuAnn Barber shall require their contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in .accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the Joseph and LuAnn Barber and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act; and shall also become conditions of the 404 Permit for the project. 6. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)] 7. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at Joseph and LuAnn Barber DW R 415-0640 401APPROVAL Page 3 of 4 httD://r)ortal.ntddnr.org/web/wa/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 8. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided in. Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the CAM at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (979) 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:OOam and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office ofAdministrative Hearings 6714 Mail Service Center Raleigh,.NC 27699-6714 . 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 Environment and Natural Resources i 1601 Mail Service Center Raleigh, NC 27699-1601 i i This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraughgncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant legional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Joseph and LuAhn Barber DWR # 15-0640 401APPROVAL Page 4 of 4 Enclosures: GC 3900 1 Certification of Completion cc: Doug Huggett, DCM Morehead City Kevin Hart, DCM WaRO Joseph Pelletier, USACE Washington Regulatory Field office (via email) Laserfiche File Pat McCrory Governor TO: FROM: �IC�DENR North Carolina Department of Environment and Division of Coastal Management Mr. Tim Walton Director State Property Office Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 June 2015 SUBJECT: CAMA Application Review APPLICANT: Joseph and LuAnn Barber Natural Resources RECfffnal an der Vaart C I V retary JUN 26 201' DOA STATE PROPERTY OFFICE Respond to Doug Huggett Morehead City Office PROJECT LOCATION: Project site is located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a bulkhead and backfdl on the Albemarle Sound off Breezy Banks Road in Roper. Please indicate below your position or viewpoint on the proposed project and return this form by 15 July 2015. Please contact Kevin Hart at 252-948-3936, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. Signed This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Date RECEIVED 943 Washington Square Mall, Washington, NC 27889 JUL 161015 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net F 1�yry4 tµ An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper Pat PkCrory Governor WDEW Carolina DeparIlmentof Environment Divlsion,of Cbastal.klanaoen MEMORANDUM TO:: Ms. Renee Gledhill -Early, I Nt Department of Cultural RdsPufces Arcliiws A, HistbryBuilding PROW Doug-Fluggett Major Permits PrbcdssingzCbordinator Coastal Management Division 40--0'CommerceAvenue Morehead,CityNC 28557 -DATE: --24,June.20'I-5 SUBJECT-' C-AMA Application:RqView JUN 2.,�I 2.015: ecretary. R"Ond to d � : D---PtYugge(t Morehead City Office; 7V, APPLICANT:, Josqph,andLuAnn Bhrbe . r PROJECT,LOCA',rION. Projebtsite is located off NC 94 -.-04 o-ogree.8—n— ksAoadin Roperon the Albemarle Sound inwashington,Coun , North Carolina.; PROPOSED PROJECT,-.,i'kpplicani,pr6p6ses to constrict a bulkifead.und.bitckfilLon theAlbernarle, Sound off Beery Banks ,R d mAo "ri. ,q.a pe -Please indicate Below your pqsit I iomor viewpoint on'the 1proposed project and return: this form by: 15.J-Uly,, ,2015., Please contact.,k-eyin -Iqart at 252:948-3936,- it you'lutve an - y quest.ions,-regardingthe,proposed prqjectWhen apprppirate, in'.1deptli comments W`idi'supporting data ardrequested. REPLY This.6ffice has no bjektioo.,to die lirqj6it asproposed:; Tfiis,61`fimhas�no cornment.6ifthe'propos6d projeCC, This offk�,Aoproyes of-the,�proppsed,prcjedt on.l�,"ifdie.,recommended:chan This - office — �, . 1 � �. - I I . . Psm are,incorporatqd. Sepiattached.. Thisoffrl,c.cobjectssto-flie proposed p,'tqjpqi f6r reasons described in ffie.aftaefied, comments. Signed d hiik v�a,*J:w, it no TIC', m v JUN WA 3 4 RECEIVED RCDENR JUL 10 2015 5� North Carolina Department of Environment and Natural Resources 44111illu4µ Division of Coastal Manage Pat McCrory J�pr _ ,on 1d R. van der Vaart Governor L~ n ecretary MEMORANDUM u SUN 191015 II II Shellfish Sanitation LJ RECEIVED Water &'recreational JUL 114 TO: Ms. Patti Fowler duality Section NCDENR Division of Environmental Health FROM: Doug Haggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 June 2015 SUBJECT: CAMA Application Review APPLICANT: Joseph and LuAnn Barber PROJECT LOCATION: Project site is located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper. Please indicate below your position or viewpoint on the proposed project and return this form by 15 July 2015. Please contact Kevin Hart at 252-948-3936, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed (0- `i, - kr Date 1 i9AS 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer- Made in pad by recycled paper I�CDENR North Carolina Department of Environment and Natural Resources Division of Coastal ManagemIkECEIV Pat McCrory K an der Vaart Governor becretary MEMORANDUM JUN 3 0 2015 TO: Mr. Ken D.Pace I)ISTRIC,TIII NCDOT Roadside OFFICE FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 June 2015 SUBJECT: CAMA Application Review APPLICANT: Joseph and LuAnn Barber PROJECT LOCATION: Project site is located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper. Please indicate below your position or viewpoint on the proposed project and return this form by 15 July 2015. Please contact Kevin Hart at 252-948-3936, if you have any questions regarding the proposed project When appropriate, in depth comments with supporting data are requested. REPLY Signed This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. 0 Nk'--"— -7liliS' 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper RECEIVED JUL 0 8 2015 LNdM-Iwr14 W�• Spears, Courtney From: Dunn, Maria T. Sent: Thursday, August 27, 2015 1:05 PM To: Spears, Courtney Subject: RE: Luann Barber Permit Application Thanks Courtney. That was supposed to be a "no comment". Sorry about that. Mostly likely a late afternoon mail out before the basket left. Let me know if there is anything I need to do. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Thursday, August 27, 2015 9:46 AM To: Dunn, Maria T. Subject: Luann Barber Permit Application Hi Maria, I was looking through Luann Barber's major permit application for construction of a bulkhead and backfill off Highway 94 on Breezy Banks Road in Roper and we received a blank Memo from you on July 15. Did you have any comments you would like to submit? Thank you! Courtney syears Assistant Major Permits Coordinator NC Division of Coastal Management courtney.spears@ncdenr.gov 252.808.2808 Ext. 215 Pat McCrory Governor TO: w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management e.t50(0,z5.ol MEMORANDUM Mrs. Maria Dunn NC Wildlife Resources Commission Donald R. van der Vaart Secretary FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 June 2015 SUBJECT: CAMA Application Review APPLICANT: Joseph and LuAnn Barber PROJECT LOCATION: Project site is located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper. Please indicate below your position or viewpoint on the proposed project and return this form by 15 July 2015. Please contact Kevin Hart at 252-948-3936, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Signed This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. RECEIVED Date 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946.6481 \ FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer - Made in pad by recycled paper JUL 15 20t NWt9*"W 0410, Pat McCrory Governor TO: FROM: �A WDE�IR North Carolina Department of Environment and Division of Coastal Management hV'/�Y/WWYAV/ Ann C. Keyes 1pfflgWashington County Building Planning/Safety Director Doug Huggen Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 June 2015 SUBJECT: CAMA Application Review APPLICANT: Joseph and LuAnn Barber Natural Resources Donald R. van der Vaart Secretary Respond to Doug Huggctt Morehead City Office PROJECT LOCATION: Project site is located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper. Please indicate below your position or viewpoint on the proposed project and return this form by 15 July 2015. Please contact Kevin Hart at 252-948-3936, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY x This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This o e objects to the proposed project for reasons described in the attached co nts. RECEIVED Signed Date 124 / C JUL 01 1015 WV14-ump Zh* 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX:252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 AKrma6ve Aclion Employer— Made in pat by recycled paper OVER North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory, Donald R. van der Vaart Governor Secretary MEMORANDUM TO: Mr. Shane Staples Division of.Coastal Management 943 Washington Sq. Mall FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 24 June 2015 RECEIVED SUBJECT: CAMA Application Review JUN 2N .28Fr APPLICANT: Joseph and LuAnn Barber DCM-Fisheries WARD PROJECT LOCATION: Project site is located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper. Please indicate below your position or viewpoint on the proposed project and return this form by 15 July 2015. Please contact Kevin Hart at 252-948-3936, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached rA 1 J 1 "O g Date 6r Q'I 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: wwwmccoaslalmanagement.net An Equal Opportunity 1 A(flunaduo Aclion Employer — Made in part by recycled paper September 15, 2015 Regulatory Division Action ID No. SAW-2015-01940 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 Ms. LuAnn Barber to construct an approximate 60 linear foot bulkhead an average of 14 feet below NWL, at 251 Breezy Banks, Road, adjacent to the Albemarle Sound, Roper, Washington County, NC. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 4 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor July 14, 2015 MEMORANDUM: To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA Permit Application Review Applicant: Joseph and LuAnn Barber Donald R. van der Vaart Secretary Project Location: Project site is located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County, NC. Proposed Project: Applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper. REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED Public Water Supply Section Washington Regional Office W Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-948-00401 Internet: www.ncwater.org/pws/ An Equal Opportunity 1 Alfirmarive Action Employer DATE 71114111 RECEIVED JUL 16 205 4-M"M11W r:40 RECEIVED Jul 16 2015 Nksov ou" AIM W6 R North Carolina Department of Environment and Division of Coastal Management Pat McCrory Governor 24 June 2015 Mr. and Mrs. Joseph E. Barber 251 Breezy Banks Rd Roper, NC 27970 Dear Mr. &Mrs. Barber: Natural Resources Donald R. van der Vaart Secretary The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off NC 94 on Breezy Banks Road in Roper on the Albemarle Sound in Washington County, North Carolina It was received on 16 June 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is 30 August 2015. 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. Kevin Hart, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3936 or via email at Kevin.Hart(a)ncdenrgov if you have any questions. If this agency does not render a permit decision within 70 days from the 16 June 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application RECEIVED 943 Washington Square Mall, Washington, NC 27889 JUN 2 91015 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net ,,, An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper Mr. and Mrs. Joseph E. Barber 24 June 2015 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 me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, <7 Kevin Hart Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Doug Huggett WARO RECEIVED JUN 2 91015 r�rpe-kpn!+ ��+as R ' t B00K3%1 i 6f 723 NORTH CAROLINA GENERAL WARRANTY DEED WASHINOTON COUNTY Prepared by: Charles T. Busby P, O. Box 490 Edenton, NC 27932 day of .--' 1998, by THIs.DEED, made this Y and between VEROIE BARBER DeANTONiO and husband, BGEO� � DeAHTONIO, parties of the First Part, to JOSEPH EDBAR B wife, LU ANN LENIS BARBER;, 251 Breezy Banks Road, Roper, NC 27970, Parties of the Second Part; W I T N E S S E T H That the Parties of the First part, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration paid by the Parties of the Second Part, the receipt Of which 9a�s hereby acknowledged, have and by these presents do grant, sell and convey unto the Parties of the Second 'Part in fee simple, all that certain parcel of land situated in Skinnersville Township, Washington County, North Carolina and more particularly described as follows: A portion of PARCEL ONE on a survey entitled "PROPERTY OF ES'THER BARBER", by B. B. White, Surveyor, dated April 14, 1997, recorded in Plat Cabinet 2 at Slide 123A, and being the portion of said Parcel One lying South Of he ceIIter .line of the right of way of Secondary Roadproperty herein conveyed being bounded on the North bSR y the center line of the fifty (50) foot right of waded on said; on the n the west bd South y the p opertyParcel Two as dof William episaid survey, and o e fora E. Spruill,moz reference complete description.toned survey being mad TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Parties of the second Part, their heirs and assigns, in fee simple' And the said Parties of the First Part covenant to and with ObxM Fnt 72-4 the Parties of the Second Part, their heirs and assigns, that they are seized of said premises in fee simple, that they have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Parties Of the First Part will warrant and defend the title against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Parties of the First Fart have hereunto set their hands and seals, the day and year first above written. i\,(z_ Seal) Seal) STATE OF Ima r�- COUNTY OF I, the undersigned Notary Public, do hereby certify that VERGIE BARBER D®ANTONIO and husband, GEORGE J. DeANTONIO personally appeared before me this day and acknowledged the due eion of the foregoing instrument for the purposes therein expressed. „once te„ WITNESS my hand and notarial seal this day of ? 1998. �l Y1f'11Aw � �/%' b f'a�� � A t My Comm.'espires: ,fl'��_edOd Notary Pub c a — _ae... This deed was prepared at the request of one or both of the parties hereto frog instrww+ts pressgt rm.r•�+ 1. amby, P. A., Attorney at Lam,, for Bald porpoaa• No exwination of title Na been dons on ihf' l deaeribed herein and said attorney doss not warrant in any respect, the fee simple title to uid gtahity or quantity of lend iewoived or other related matters which may be disrawered by an exam#na61 -ttaY9Mt Land title_ 'REVENUE STAMPS AA113 $ STATE OF NORTH OAROITNk, OOUM OF BASHINGTOR The foregoing or annexed certificate (0) Of re) certified to be correct. Thts sastrumen' was yi ceausa. -,. ior recorded in this office ;ne121 •7hig/0,ayoffn,)t 19gg pj� 01010k n_ $; ic ,3C, y a� y" / `�. . vv RECEIVED JUN 2 9 2015 k?c,GYlUinti k}+�% Major Permit Fee Schedule DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve he filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve he filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) Ill. For development that Involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine KA,B, C, or D below applies: ill(A). Private, non-commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, K General Water Quality Certification No. 3490 (See attached) can be applied: $400 100% ($400) O% I II(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but ' DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 1 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) JUN 2 91015 t yeIt2522 of 05/28/2015 08:48 AM TO:17273971095 FROM: Joseph Barber ap,IAGENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own pT0WtY adjacent to .J 65e/�h ^ %Gr rbCJ"s property located at N.C. on The applicant has described to me, as shown below, the development proposed at the above location. 11C I have no objection to this proposal. I have objections to this proposal. DESCRIPTION ANDIOR DRAWING OF PROPOSED DEVELOPMENT (Indivlduti proporfng development must All in descflptlon below or attach a site drawing) ,4#aehe(� i0rcuurn9 wA _ _R sEGnDN I understand that a pier, dock, mooring pilings, twat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 16 from my area of riparian access unless waived by me. (if you wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement I do not wish to waive the IS setback requirement. / n (Property Owner Info"on) z(. (Adjacent Property owner information) e TA'a5-�,Pr �n//nsarnnee �T ,- iyt? A7976 ,a 341 v oneumber/emesddraas -- � . >`^' ,V y RECENED 1U% 2 9 WS lad (Revised Aug. 2014) Valid for one calendar year after signature Al f-n j.e rp h Prop 30 + CAM lqee� qp 6,11< head t q 6c,,rb-er Nrort-'4`V 0ra-tu 'riy I Jas�eph i3a.rbe f3ree2y Popr �G AemnXxn-F e u-19 hr-c�C", 4 RECEIVED JUN 2 9 2015 It, 10-F-i \� Pro(.x�sAc . 44 i 1 hereby certify that I own property adjacent to property located at I onr i, 4 JcJLi,jG, n ='roc N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above localign. T. i have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must flit In description below or Mach a site drawing) I�fln..phcc( 6-a,tof -I WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (11 you wish to waive the setback, you must initial the appropriate blank below.) SUN 2 8 2015 I do wish to waive the 15' setback requirement. AA j I do not wish to waive the 15' setback requirement. 4 (Adjacent Property Owner Information) `Valid for one calendar year after signature* (Revised Aug. 2014) RECEIVED '' JP—k Ph mn-d."n- n M L4rph Prop 3o+ CAMP /gee A l berna d e 50urd y Prop------ frJ 6')l<AeQ t TI )c bi-r h'ro p � 70s�eph i3a.rrbf I:3ree2y IRop ✓ ,� c /qeMnJCFn-t Bu(khrod 4 Alma t pro` RECEIVED �J.U�A 22 9 I0ls JUN 2 9 fz\�j Prop 5Pc back -Fi I Pat McCrory Governor ,A 6VE -IR North Carolina Department of Environment and Division of Coastal Management Roanoke Beacon PO Box 726 Plymouth, NC 27962 24 June 2015 Natural Resources Attention: Legal Advertising Department Donald R. van der Vaart Secretary Please include the enclosed Notice of Filing in the Public Notice section of the 1 July 2015 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948- 3820. 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: Thank you. ATTACHMENT Cc: File Melissa Sebastian NCDENR COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 Sincerely, Sherry Tyson, Secretary Division of Coastal Management 943 Washington Square Mail, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net RECEIVED JUN 2 9 2015 An Equal Opportunity \ ARrmativa Action Employer - Made in part by recycled paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 16 June 2015. According to the said application submitted by LuAnne Barber, applicant proposes to construct a bulkhead and backfill on the Albemarle Sound off Breezy Banks Road in Roper, in Washington County, North Carolina. A copy of the entire application maybe examined or copied at the office of Jonathan R. Howell, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 20 July 2015 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Kevin Hart, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3936 Please publish on: 1 July 2015 RECEIVED JUN 2 9 2015 t'4-1 Ylvlll+Y"" 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Oppodunity \ Affirmative Action Employer— Made in part by recycled paper \T()'1'IC1: AMA PERMIT APPLIES FOR PROJECT: P A i n d, 0 v- 4+ R—�n�l� COMMENTS ACCEPTED THROUGH ac -Vc�l� mks APPLICANT: _Y 0 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 8 -3cl'40