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HomeMy WebLinkAbout105-22 Janes, MargaretPermit Class NEW Permit Number 105-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission permit 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 Margaret Janes, 402 W. Walker St., Kill Devil Hills, NC 27948 Authorizing development in Dare County at adj. to Colington Creek, at 1804 Bay Dr., in Croatan Shores S/D, in Kill Devil Hills , as requested in the permittee's application dated 7/14/22, including attached workplan drawing (1), Sheet 1 of 1 dated 5/6/22. This permit, issued on October 5, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization - Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by pertnittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on -site to Department �j�L!/�i� personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires fiuther Division approval. All work must cease when the permit expires on October 5, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Margaret Janes Permit No.105-22 Page 2 of 3 ADDITIONAL CONDITIONS 4) 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. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Pier 12) This permit authorizes only the pier and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this pier without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 13) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 14) This permit does not authorize any formalized boat slips. 15) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 16) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 17) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. NOTE: The permittee is advised that sensitive habitat exists within or in close proximity to the authorized project. It is recommended that the permittee consider decking materials that allow light to penetrate to the water's surface and implement 1-inch gaps between deck boards. Margaret Janes Permit No.15-22 Page 3 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 18) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 20) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 21) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-02586). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification No. 005084 and assigned the project DWR Project No. 2022-1057. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator: l /CYO Permit (OS-ZZ Agents: DCM Field Offices Elizabeth City. Morehead City US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET f TQ,AZs 4102 yJ. WaII4- 5' A�ff Washington (with revised work plan drawings) Wilmington (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecwme (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Wilmington: Wildlife Resources: Natural Heritage Program LPO: aloe iiip"-Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Chris Pullinger — 401 skla>/ 1 TBD - 401 Roger Thorpe-Stormwater . Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Holley Snider — 401 (Fender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson M Wa RECEIVED APPLICATION for JUL 1 a 2022 Major DereloDment Permit DCn-EC (lest revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryAWlcand t andoWner Information 1 Business Neale Project Name (d applkable) N/A N/A I Applicant 7: First None MI .Leaf Name Margaret C. I Janes ApplkaM 2: First Name ; MI last Name N/A WA WA _.__--------------� Madda'onal sppkwnk Plsaw adwh an additional - _.---------- papa(a) W1fh namsa aMasl. MaIN Adore" -- mc --TGtY PoB -]state 402 W Walker Street WA 101 Devil Hllle I INC -- -- — ZIP country --1-- Phone No. --- -- —---- FAX No. 2790 1 USA �640.9W-9134 ad. WA- StreetAddress (if dMerenlfrom abova) T(24r Sfata Lp N/A WA WA WA- Emall mjanesloo@gmall.mm 2. Apanf/Confractor Itt/ormadon Business Name --_----- --- -- ----- -------� 1 Environmental Professionals, Inc. - -- ------ -- -- - - -— AgenVContractorl:FirstName ,MI Last Name George 1 H. Wood Aaanfl Contractor 2: Fist Name MI Last Nsms _ .— •--� N/A N/A WA Ids Address PO Bctr CRY N/A 3368 Kill Devil Hik �� _-. -- - LP . i Phan No.1 -- Phone No. 2 ��LL 27948 - _.- 1 262 -423 -1234 eN1— 252- 441- o239 ad. _.-- FAX No. ICO(&Klo/! N/A N/A Street Address (Ifd/Iferent from above) CpN State ZIP N/A WA N/A �WA- Email -�.-._.. --J N/A <Form continues on back> "32-808.2808 .. '�-aas-4RCOAST ;; www.nccoastaimanagenaent.not AUG 05 2022 D CITY Form DCM MP-1 (Page 2 of 4) R E Ca O V � _ D APPLICATION for Major Development Permit J U L 1 R 2022 3. Project LOcetton _ N County (ran be multiple) Street Address State Rd. a Dare 1804 Bay Drive NIA Subdivision Name City Stale Zip Croatan Shores Kill Devil Hills NC 27948 - Phone No. Lot No.(s) (if many, attach eddihonal page with list) 540 - 908 -9134 ext. 12. a. In which NC river bests Is the project located? b. Name of body of water nearest to proposed project Pasquotank Colington Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Albemarle Sound e. Is proposed work within city Omits or planning jurisdiction? f. If applicable, listthe planning jurisdiction or city Iimil the proposed ®Yea ONO work falls within. Kill Devil Hills 4. She Descdptfon a. Total length of shore9ne on the tract (R) b. Sae of entire tract (sq.R.) +/-89 Feet +/-13,002 c. Size of Individual lolls) d. Approximate elevation of tract above NHW (normal high water) or 13,062, 1 NWL (normal water level) (if many lot sires, Pleesa attach additional papa with a list) +1- 5' ❑NHW or ®NWL e. Vegetation on tract Rhus copallinum, Smilax bona-nox, Iva frulescens, Phragmites australis f. Manmade features and uses now on tract Dilapidated bulkhead, rock rp-rap; house and retaining wall, wastewater and driveway (under construction pursuant to CAMA Minor Permit# 22-009) g. Identify and describe the existi-Iii land uses adjacent to the proposed project site. residential h. How does local go1v�em1rnera zone the tract? 1. Is the proposed project consistent with the applicable zoning? - RL �, 12<f i pp : Jeay MK& A f-" (Attach zoning compliance certificate, if applicable) ®Yea []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yea, attach a copy ❑Yes ®No ❑NA If yes, by whom? I. lathe proposed project located in a National Registered Historic District or does It Involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 25y808.2808 :: 1-800-41100AST .: www.occoastalmanagement.net RECEIVED AUG 0 5 2022 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) RECEIVED APPLICATION for j U L 1 0 2022 Major Development Permit m. (1) Are there wetlands on the site? DCM-EC®Yes []NO (11) Am there coastal wetlands on the site? I J lJ 1 V, ❑Yes ®No II) If yea to either (i) or (II) above, has a delineation been conducted? SYes []No (Attach documentation, Ifavaileblo) n. Describe existing wastewater treatment facilities. Gravity ground absorption wastewater system (under construction pursuant to CAMA Minor Permit #22-009) o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. AcOvides and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemmera SPrivate/Communily b. Give a brief description of purpose, use, and daily operations of the project when complete. Single-family residential c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored, dump truck, front end loader, water jets, hand tools d. List all development activities you propose. Bulkhead and back/ill, Section 404 fill, 125 x 5 pier e. Are the proposed activnies maintenance of an existing project, new work, or both? new I. What Is the approximate total disturbed land area resulting from the proposed project? +1- 2,700 ®Sq.Ft or ❑Acres g. will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Nnne 1. willwastawater or stormwater be discharged into a wetland? ❑Yse ®No ❑NA If yes, will this discharged water be of the saute salinity as the reserving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ®Yes []No ❑NA If yes, attach a mitigation proposal. <Porm continues on back RECEIVED 262-008-2008 .. •1-888-4aCOAST .. ww w.nucoaefalmaneyc ment.not AUG 05 2022 DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit ------ ----- 8. AdaNtlonel hMo►matdon -- _ - #r addition to this completed eppficelan form, (MP-1) the following items below, if applicable, must be submitted in onier for the applicafion package to be complete. Items (a) — to are always applicable to any major development application Please wnsufl Me appllcehon fiatrrtition booklet on how to properly prepare the required items below. a. A project narraftel l b. An excrete, 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? It prevl00aly suthonzed work, deafly Indicate on maps, plats, drawings to disllrgulsh between work completed and proposed. a A sIN or location map that Is sufficiently detailed to guide a➢ency personnel unfamiliar with the area to the sae. d. A copy of ti deed (wsh stale application only) or other instrument under which the applicant deers ft to the albded properties. I a. The eppropriete application fee. Chec a money order- made payable to DENR. f. A Ind of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as small that such I owners have received a copy of the application and plats by certlf 6d mall. Such landowners must be advised that they have 30 days, In I which to submit comments on the proposed project to the Division of Coastal Management. Name 401 Fresh Pond, LLC Phone No. Address P.O. Box 216 Wakefield, VA 23888 Name Larry Gossett Phone No. Address 3469 N. Military Hwy. Norfolk, VA 23518 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tred. Include permit numbers, Pennines, and lesuing data. CAMA Major Permit #27-06 - DavW McClare CAM4 Minor Permit #22-009 - Margaret Janes h. Signed consultant or agent authorization form, If applicable. I. WeOanddellneation, if necessary. j. A signed AEC hazard notice for projects In oosaMront and Inlet areas. (Must oe ww by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. - 7. Cer0cadon and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I cedily that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands In connection with evaluating Information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date July 14. 2022 Print Name George H. Wood, CEP. PWS, ���� l RECk�IVED Signature Please indicate application attachments pertaining to your proposed project. J U L 18 2022 ®DCM MP-2 Excavation and Fill Information ❑DCM MP 5 Bridges and Culverts ❑DCM MP-3 Upland Development DCM - E C ®DCM MP-4 Structures Information RECEIVED 232•atia•2606 .. i-686-1,14COASY .. www.ncc:oastalmanagernent,netAUG 0 5 2022 DCM-MHD CITY Form DGM MIP-2 RECEIVED J U L 18 2022 EXCAVATION and FILL DCM-EC (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental Information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stablliaation Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NNW or NWL In b. Type of materiel to be excavated. cubic yards. c. (1) Does the area to be excavated include coastal wath ndalmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are chocked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (i) Describe the purpose of the excavation in these smas: d, High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not oWforibb a. area. area. c. O Do you claim tie to disposal area? d. (i) Will a dil I area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yea ONo ❑NA (ill If no, attach a letter granting permission from the owner. (I]) If yes, where? a. (1) Does the disposal area Include any coaxial wetlandsmimmin f () Does the disposal include any area in the water? (GIN), submerged aquatic vegetation (SAV), shell bottom (88), ❑Yes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, Provide the number of square feet affected. III) If yes. how much water area is affected? ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal In them arms: RECEIVED AUG 05 2022 252-608.2808 :: 1-808-411COAST :: ww�{,nccoQsta�ma mesat.nttt DCM-MHD CITY revised: 12rd6/06 RECEIVED trim DCM MP-2 (excavation and Fill, Page 2 of 2) JUL 18 2022 3. SHORELINE STABILIZATION ❑This section nol applicable (N development is a wood groin, use MP4 — Structures) ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NM or NWL. 1.5 Feet e. Type of stabilization material. Vinyl g. Number of square feet of fill to be placed below water level. Bulkhead backfill,Riprap Breakwater/SII_ Other_ i. Source of fill material. Commercial Suppler Width: I it. Maximum distance waterward of NHW or NWL: 2 Feet f. (i) Has there been shoreline erosion during preceding 12 months? (i) If yes, state amount of erosion and source of erosion amount information. N/A h. Type of fill material. Sand 4. OTHER FILL ACTIVITIES ❑This section not applicable (Exch along Shoreline StabNhatlon) a. (i) Will fill material be brought to the site? ®Yes ONO ❑NA b. (i) Will fill material be placed in ceestal wetlands/mil (CM, If yes, submerged aquatic vegetation (SAV), shell bottom (BB), or other wetlands (All-)? If any boxes are chocked, provide the (ii) Amount of material to be placed in the water 0 number of square feet affected. (iii) Dimensions of fill area NIA ❑CW ❑SAV _ ❑8B (iv) Purpose of fill OWL 7�},') ❑None NIA (il) Describe the puglose of the fill in these areas: 5. GENERAL a. How will "mated or fill material be kept on site and erosion controlled? Placed behind bulkhead - grassed b. What type of construction equipment will be used (e.g., dregline, beekhoe, or hydraulic dredge)? Dump Truck, Front End Loader, Hand Toole c. (1) NAZI navl ational aide be required as a result of the project? ❑Yes UNo ®NA (o) It yes, explain what type and how they will be Implemented. d. (Q Nil wefiands be crossed In transporting equipment to project ales? ❑Yes ONO ®NA 00 If Vas. explain steps that will to taken to avold or n4nimbe environmental impacts. July 14, 2022 Date Margaret Janes Project Name George H. Wood, CEP, PWS (AgentO Applicant Yams _ Appl 8gnature AUG Q h DCM-MHO �., r V, 252.808.2808 :: 1-888-ARCOABT :: y.!ww.r4cogstpimgrla�@rrlent•net revised: 12128/0e Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) RECEIVED JUL 1 0 2022 DCM-EC Attach this form to Joint Application for CAMA Major Permd, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the doddng fecigty/marina. ❑Commerclal ❑Public/Governmem OPrivate/Community c. (I) Dock(r) and/or plsr(a) (IQ Number 1 00)Length 125s Ov) Wdth E (v) Floating []Yes ®No ❑This section not applicable b. O Will the facility be open to the general public? ❑Yes ®No d. (1) Are Finger Piers included? ❑Yes ONO If Yes: (it) Number (lit) Length IN) Width (v) Floating ❑Yes []No e. (i) ArePlatforms included? ❑Yes ONO f. (1) AreBoatlitta included? ❑Yes ONO If yes: If yes: (Ip Number (it) Number (tit) Length (III) Length (iv) Width (iv) Width (v) Floating ❑Yea ❑No Note: Roofed areas ere Calculated from dripUne dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 0 ❑ Full service, including travel lift end/or rail, repair or (it) Number of sups existing maintenance service 4 ❑ Dockage, fuel, and marine supplies ❑ Dockage (wet slips-) only, number of slips: ❑ Dry storage: number of boats: _ ❑ Boat remp(s); number of boat ramps: ❑ Other, please describe: N/A I. Check the proposed type of siting. ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel MOpen water: no dredging required []Other, please descaibe: k. Typical boat length: 29 in. (i) Will the facility have lie pilings? my.. ®Nn (it) If yes number of lie pilings? N/A J. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open Runabout I. It) Will the facility be open to the general public? RECEIVED ❑Yes ®No AUG 0 5 Z022 DCM-MHD CITY 152 -»C&-zupc::: d•hee-aRCOAST :: www,nccoastalmanagemmnt.net reels": IV27M I'OYIY{ i)CM MN' -al (8trocturrst,r Pagc. 2 of At RECOVED J U L 1 0 2022 2. DOCKING,, FACIIL MMARINA OPERATIONS ..,.MThis section not appflceble a. Check each of the following sanitary facilities that will be induced in the proposed pro)ed ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: b. ❑ Showers ❑ Boatholding tank pumpout; Give type and location. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. c. How will overboard discharge of sewage from boats be controlled? e. Q) Give the loceton and number of'No Sewage Discharge' signs proposed. QI) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, If applicable, for containing industrial type pollutants, such as paint sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. i. Give the number of channel markers and 'No Wake' signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services ere currently provided? FtECEI\1r-D m. Is the marine/docking facility proposed within a primary or secondary nursery area? ❑yes EINO 'AU U i � DCM-MHD C-ry 282-8Ua-2808 :: 1.11884RCOA87 :: www.n-.cco-.pstalmnnegemans.net revised: 122706 Form DCM MP-4 (Structuroq, Pago 3 of RECHU�D n. Is the mannaldocking facility proposed within or adjacent to any shellfish harvesting area? 1 U L 8 2022 []Yes ❑No o. Is the madnadocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (Sly �1AIW�1 (SB), or other wetands (WL)? If any boxes are checked, provide me number of square feet affected. �J ❑CW ❑SAV ❑SB ❑WL []None p. Is the proposed marinaidocking facility located within or within dose proximity to any shellfish leases? ❑Yes ❑No If yes, gNe the name and address of the lesseholder(s), end glue the proxlmty to the lease. 3. BOATHOUSE pncludNrg covered Nita) ®This section not applicable a. @ Is the boathouse struclunil ❑eoninercial ❑PublidGovernment ❑PrivatelCommunry, (8) Number (fil) Length (N) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g.. wood, sheetplle, etc. if a rock groin, use MP-2, Excavation and FiN.) ®This section not applcable a. (g Number (ti) Length (OD Width 5. BREAKWATER (e.g., wood, sheetpNe, etc.) ®This section not applicable a. Length_ b. Average distance from Ni Ni or wetlands c. Maximum distance beyond NHW, NW- or wetlands 6. MOORING PILINGS and BUOYS 0Tfda section not applicable a, Is the structure(s): ❑Commercial ❑PublidGovernment ❑PriveteiGomirunity C. Distance to be placed beyond shoreline _ Note: This should be measured fmm marsh edge, dpresent. e. Arc of the swing _ 7. GENERAL b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED AUG 0 5 2022 DCM-MHD CITY 252-1109-2808 :: 1-888.4RCOA31 :: www,nccoastalmanafeement.ns< revised: 12127106 Farttt OC;td PAP-4 (Structures, patio 4 of 4) a. Proxanity of structure(S)to adjacent riparian property lines b. Proximity M slnrcturs(s) to adjacent docking fadlkies. 16feet 6ouRh t 30r ndVWt 40'nevf'k aA%A 201 5OLL440k. Alote: For buoy or mooing piling, use em Of swing Including length Of vessel. c. Wldihofwaterbody t100 feet e. (i) Will navigational aide be required as a result of the project? OYes ®No ❑NA (1i) If yes, explain what type and how they will be "lamented, N/A d. Water depth at watenvard end of structure at NLW or NWL Z B. OTHER 0This Section sot 413008Ale a. Give complete description: July 14, 2022 Date Margaret Janes Project Name George H. Wood, CEP, PWS (Agent Applicant Name/ /I �1./.r2ii ApplicardSAture RECEIVED JUL 10 2022 DCM-EC RECE'1Vc7D AUG 05 2022 DCM-MHD CITY 252.808.2008 :: t-888-4RCOAST :: www�n�coastgimgtt�ILnSent.net revise*/2127106 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED APPLICANT: Margaret Janes PROJECT NAME: Bulkhead and Pier COUNTY: Dare LOCATION OF PROJECT: 1804 Bay Drive (Parcel #002544001), Kill Devil Hills DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-29-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No AUG 0 5 2022 DCM-MHD CITY FIELD REPRESENTATIVE: Sarah Loe a DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Ei Date B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: S400 (60140) # 11I(D) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 8-I0-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 10-12-22 EMAIL OUT DATE: 8-5-22 PERMIT FINAL, ACTION: ISSUE DENY END OF NOTICE DATE: 8-30-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 8-26-22 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep g L'L A — DCM — LUP Consistency Determination Z �5 Local Permit Officer Corps of Engineers - Regulatory Branch tD� 7� Z C.)7- t ^C DWR-401Section 91��tL ZOZT -roSj D(x�g3 DWR - Public Water Supply s/9 ti DEMLR-Stormwater 7 i DEMLR - Sed and Erosion DOA - State Property Office �rTl� fZL X Wildlife Resources Commission g2q�2Z K DMF - Shellfish Section DMF - Habitat & Enhancement I 1 -qJ �,' ��{ {yS 71U✓I DNCR- Archives&History `y{IZL X DNCR - Natural Heritage Program NCDOT NC Dept of Commerce i9r�' tit ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Direcrar TO: NORTH CAROLINA Environmental Quality MEMORANDUM Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, Northeastern District Manager KN'Q Division of Coastal Management, Elizabeth City FROM: Sarah Loeffler, Field Representative 5 W L Division of Coastal Management, Elizabeth City RECEIVED DATE: July 21, 2022 AUG 05 2022 SUBJECT: Margaret Janes;1804 Bay Drive, Kill Devil Hills DCM-MHD CITY Major Permit Recommendations The applicant proposes the construction of ± 89 feet of bulkhead along a hardened shoreline (existing damaged bulkhead & rip rap revetment) that will tie into existing bulkheads on adjacent properties. The proposed alignment will average ± 1.5 feet waterward of Normal Water Level (NWL) with a maximum distance of 2 feet waterward. Back fill associated with the proposed bulkhead will fill 733 f:2 of federal wetlands. In addition to the bulkhead, the applicant is proposing the construction of a 125' x 5' pier on the northwestern side of the property. The site of the proposed development is located at 1804 Bay Drive (Parcel #002544001 & Lot 12) within Block 21/Section 1 of the Croatan Shores subdivision. The property is in the town of Kill Devil Hills, Dare County, and is adjacent to Colington Creek which connects to Kitty Hawk Bay and the Albemarle Sound. The proposed development involves the Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES) Areas of Environmental Concern (AFC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: F&IF,[Ofi [ItfY4,t Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent Consistent: The applicant proposes the construction of a bulkhead and pier. This sub- paragraph considers these structures as water dependent. North Carolina Department of Environmental Quality Dlvlsiatof Coastal Manatiemett D ��� Elizabeth Chy Office 401 South GrBOn Street. Suite 300 E1lrabeth City. North Carolina 2"i909 252.264.3401 Margaret Janes July 21, 2022 Page 2 of 5 Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds of submerged aquatic vegetation as defined by the Marine Fisheries Commission and spawning and nursery areas. Consistent: The development is designed to not interfere with shellfish beds, submerged aquatic vegetation (SAV), and is not within any primary nursery areas. While the presence of federal wetlands and some SAV was identified at the project location, development is proposed in such a way as to be compliant with 07H.0208 (b)(6) & (b)(7) (see below). No coastal wetlands were present or impacted. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development will not violate water & air quality standards. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: There are no known archeological or historical resources on this property. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: It does not appear that the development will measurably increase siltation. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: It does not appear that the development will create stagnant water bodies. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development will have minimum adverse effects on the life cycle of estuarine resources. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The development proposes minimal effects on navigation Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (6) Piers and Docking Facilities and (7) Bulkheads pertain to this project, and those subparagraphs not listed are not applicable to this project. RECEIVED AUG 0 5 2022 DCM-MHD CITY Margaret Janes July 21, 2022 Page 3 of 5 Paragraph (b)(6)(A) states that piers shall not exceed six feet in width. Consistent: The proposed pier is 5 feet in width. Paragraph (b)(6)(B) states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. Consistent: Only a pier is being proposed. Therefore, no shading impact will be calculated. Paragraph (b)(6)(C) states piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. Consistent: The pier development will not impact any coastal wetlands. Paragraph (b)(6)(D) states a boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Consistent: No boathouse is proposed with this development. Paragraph (b)(6)(E) states the total area enclosed by an individual boat lift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift. Consistent: No boat lift is being proposed with this development. Paragraph (b)(6)(F) states piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow for second story use. Consistent: The proposed pier is all single story, and no roofed areas are being proposed. Paragraph (b)(6)(G) states piers and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use. Consistent: The proposed pier length is consistent with other established piers along the same shoreline. (ii) not extending into the channel portion of the water body. Consistent: The proposed pier will not be extended into the channel portion of the water body. RECEIVED AUG 0 5 2022 DCM-MHD CITY Margaret Janes July 21, 2022 Page 4 of 5 (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Consistent: The width of Colington Creek adjacent to the project location is estimated to be t 3,590 feet (t0.68 miles) across to the opposite shoreline. The proposed pier, at 125 feet in length, is below one-fourth the width (t 898') of the water body. Paragraph (b)(6)(H) states piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of 1 foot each 100 foot increments of length longer than 400 feet. Consistent: The proposed pier is 125 feet in length and less than 400 feet. Paragraph (b)(6)(1) states piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's area of riparian access. Consistent: The proposed pier is located 15 feet south of the northern property line and 30 feet north of the southern property line. The docking facility will not encroach within either 15 feet setback. Paragraph (b)(6)(J) states applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: The location of the proposed development is adjacent to Colington Creek which is closed to shellfish taking. Paragraph (b)(7)(A) states bulkhead alignments for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level. Consistent: The location of the proposed bulkhead Is waterward of Normal Water Level (NWL) an average of only t 1.5 feet with a maximum of 2 feet. This will allow for the alignment to be constructed waterward of the current bulkhead which exists on a portion of the property. Paragraph (b)(7)(B) states bulkheads shall be constructed landward of coastal wetlands to avoid significant impacts to the resources. Consistent: The location was found to contain no coastal wetlands. Paragraph (b)(7)(C) states bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management. Consistent: The fill will consist of clean sand. RECEIVED AUG 05 2022 DCM-MHD CITY Margaret Janes July 21, 2022 Page 5 of 5 Paragraph (b)(7)(D) states bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, which will cause the applicant unreasonable hardship under the other provisions of this Rule. Consistent: The property does not have an identifiable erosion problem. (ii) the bulkhead alignment extends no further below high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geological features. Consistent: The proposed bulkhead alignment will not extend beyond normal water level than what is standard for a replacement bulkhead (maximum of Z' waterward). (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners Consistent: The proposed bulkhead alignment will connect even with or landward of existing adjacent bulkheads and should not adversely impact public trust rights. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management. Consistent: No need has been documented by the Division of Coastal Management for a bulkhead significantly below normal water level. (v) the property to be bulkheaded is in a non -oceanfront area. Consistent: The property is adjacent to Colington Creek which leads to Kitty Hawk Bay and the Albemarle Sound. It is in a non -oceanfront area. Paragraph (b)(7)(E) states where possible, sloping rip -rap, gabions, or vegetation shall be used rather than bulkheads. Consistent: The shoreline of the property is already hardened with an existing damaged bulkhead and small riprap revetment. Therefore, because of the wind/wave energy across the width of the waterbody and the hardened shorelines on either side, a bulkhead may be the best method of consistent shoreline stabilization at this location. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a permit be issued to Margaret Janes for the development as proposed. RECEIVED AUG 0 5 2022 DCM-MHD CITY ROY COOPER ELIZABETI I S. BISER S"WU y BRAXTON DAVIS Mh rfor August 5, 2022 MEMORANDUM: d~ 5 „ NORTH CAROLINA awironmental Qualfty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:252-247-3330 (Courier04.16-33) Brr88.h odna 1@ ncdWL rev SUBJECT: CAMA/Dredgo 8 FM Review Applicant: Margaret Janes Project Location: 1804 Bay Drive, KIII Devil Hills In Dare County Proposed Project: Construction of a bulkhead along a hardened shoreline that will lie Into existing bulkheads on adjacent properties. A pier Is being proposed on the northern side of the shoreline. Please indicate below your agency's position or viewpoint on the proposed project and rotum this form to Gregg Bodnar at the address above by August 26, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3001, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" x This agency has no comment an the proposed. project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME Lee Padrick AGENCY NC Commerce'/ SIGNATURE BOG j� DATE 88-5-22 M D E f, E'C L W AUG 5 2022 fiaP cS°>.1EC d ION UND North Cardin Ocpartmcnt of Cmlmmrcnlal QuilRy I txvtwn or ODwat Managemmt rltrabcth Chy Orke 1401 Sornh Gflfnr S1(mt.5ulte 300 I Etltabrih City, Ncrer Carr ma 21909 25U643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greg&bodnar(@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Margaret Janes Project Location: 1804 Bay Drive, Kill Devil Hills in Dare County Proposed Project: Construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is being proposed on the northern side of the shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greap Bodnar at the address above by August 26, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE 5� for Shannon Jenkins DATE gil5igrog 2G22 AUG 2 2 MN:" SEITION NUID D_EQ20 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 2571643901 Bodnar, Gregg From: Thorpe, Roger Sent: Monday, August 15, 2022 4:34 PM To: Bodnar, Gregg Subject: CAMA Major - Margaret Janes Bulkhead project in KDH, Dare Coumty Gregg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger. thorpe(7 ncden r. gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 D Fm Q:�� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grogg bodnarOncdcnr gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Margaret Janes Project Location: 1804 Bay Drive, Kill Devil Hills in Dare County Proposed Project: Construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is being proposed on the northern side of the shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 26, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: �! This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME 00n0r` 6-1(064 AGENCY�CJh D kd �✓Vl� N'I�J SIGNATURE DATE —r RECEIVED AUG 10 20L DCM-MHD CITY .-If �Krs Wvl�j North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 ROY: COOPER 'Qbyeri73N'. Et 17A86TH'S lilSl R semtarx 6RAXT9N.DAAS DINdO Augusts, 2022 MEMDRAMDUM: FROMi Gregg Bodnar,; Assistant Major Permits Coordinator NCDEQ - Division. of Coastal Management. 400 Commerce Ave:; Morehead City, NC 28567 . Fax: 252-247 3336 (Coude.r 04-'16* 43) 5118d WT CAMtllDredge & Fill Review Applicant- MargareWanes Project Location: 1804Bay Drive, Kill. Devil Hills.ln.Dare County Proposed Project: Construction of a bulkhead along a hardened shoreline that will tie. Into: existing: bulkheads on adjaaent.propertles. A pier Is being proposed on the northerwelde of the shoreline,. Please Indicate below your agency'spositlon or viewpoint on the. proposed project anal. rotum tiils form to Qreall fill erabthe address above by Auguat20, 2022. If you have any questions regarding the proposed project, contact. Sarah Loeffler (252-264=390i, ext 232) when appropriate, In- depth comments with supporting data Is requested. REPLY: This agency has ho.objeotion to the projeef as proposed. ••Additional chi ments may be attached" This agency has no:coniment an the proposed project. This agency approves of.the -project only if thexeeommended changes: are incorporated.. See attached. _ This agency objects to the project for reasons described In the attached comments. I.N�j PRINT' NAME. f I 01,91W : q AG £Y If 1h . lk eC %O pxv=Cr-I Y► ED SIGNATURE ry DATE 0 ' o�a AUG 9 2022 Nash Carogn3 Department art:nvUonwntaldpa@y. I t11vlstanor4aa5alMgttagemenE �� EIIra6eth Clty Qrna} 4015uUthGriffiriStreek Suh43U0 1 EUzaheth QtV,Ncr!h Cp ptii ryo9:: . �"� � �-252264'3901. ... ROY COOPER Oovemor ELIZABETH S. BISER swerwy BRAX 17014 DAMS DhecW August 5; 2022 MEMORANDUM: NORTH GAROLINA EnvLvnMmra1QUa1tty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 40Q Commerce Ave., Morehead City, NC 28557 ..:Fax 252-247-333D (Courier 04-1643) gregg.bodnarlalncdern•:eov SUBJECT: CAMA/Dredge & Fill Review Applicant: Margaret Janes Project Location: 1804 Bay Drive, Kill Devil Hills in. Dare County Proposed Project: Construction of a bulkhead along a hardened shoreline that will tie. Into existing bulkheads on;adjacent properties. A pier Is being proposed on the northem'side of the shoreline. Please Indicate below youragency's position or viewpoint on.the;propdse.0 project and return this fo►m to Gregg Booneratthe address above by.August26, 2022. If you have any questions regarding the proposed project contact Sarah Loeffler{252-264-3901, ext. 239)when appropriate, In- depth comments with supporting data is --requested.. REPLY: This.agency has no objection.tothe;project as proposed: '"'Additional comments. may be attached" This agency has no comment on the proposed project. This agency approves of.the:project only if the.'recommended changes are incorporated. See attached. _ This agency objects to the project for reasons described to the attached comments. PRINT NAME -a�r c "E%JT t ��E D AGENCY SIGNATURE AUG 2 3 2022 DATE PAP S'ECTIONUND �WQC:50=0"D NcrthCarollna DeparlmmtoFEnvlmnmental QuaLty I Dlv)amoFCwsWMawg=ent EilzahethGyOFnce 14015a0thGrilOn StrM6 ulte300 I EllzabethD.ty. North1;P411jn27909 2522643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality MEMORANDUM SWIVED TO: Gregg Bodnar, Major Permits Processing Coordinator AUG 2 3 2022 Division of Coastal Management FROM: Charlan Owen ICP, NE District Planner TION RR1iD Division of Coa tal Management u SUBJECT: Major Permit Request by Margaret Janes to install 93 linear feet of vinyl bulkhead and a 5 foot wide by 125 foot long pier on Colington Creek; at 1804 Bay Drive, in the Town of Kill Devil Hills. DATE: August 23, 2022 Consistency Determination: The request is consistent with/not in conflict with the Town of Kill Devil Hills CAMA Land Use Plan certified by the CRC on November 2, 2020. Overview: The .29 acre subject property has approximately 89 linear feet of shoreline along Colington Creek which connects to Kitty Hawk Bay and the Albemarle Sound. Water depths below Normal Water Level (NWL) range from 1.75 feet near the shoreline to 3.5 feet a distance of 125 feet waterward of the shoreline. Site elevation averages 5 feet above NWL. An area of Section 404 Wetlands is located on the site near the shoreline. The property is vegetated with lawn grasses. The property is located primarily within the AE(5) Floodzone, with a small area of Shaded X located to the east at Bay Drive. Site improvements located at least 30 feet landward of the shoreline are under construction. CAMA Minor Permit #22.009 was issued in May 2022 to allow construction of an elevated single- family house, a retaining wall, concrete driveway, septic system and associated structures. Existing shoreline improvements consist of 65 linear feet of deteriorated wooden bulkhead along the northernmost shoreline and riprap extending 25 linear feet along the southern shoreline, landward of NWL. Installation of 93 linear feet of vinyl bulkhead and a 5 foot wide by 125 foot long pier is proposed. The bulkhead will extend an average of 1.5 feet and a maximum distance of 2 feet waterward of NWL. The bulkhead will tie into existing bulkheads on adjacent properties to the north and south. Bulkhead backfill material will consist of clean sand brought to the site from an upland source. �j�� North Carolina Department of Environmental Quality I Division of Coastal Management ,DW `J/ Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 —� � /'�!� 252264.39QI North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 The waters of Colington Creek in this area are classified as SC and Joint Waters and are closed to shellfishing. The location is classified as a Special Secondary Nursery Area. No Submerged Aquatic Vegetation (SAV) was reported near the shoreline, however a small amount was found rooted within the area of the proposed pier. A review of historic and archaeological resources was not provided. Anticipated Impacts resulting from this project are expected to include: the shading 625 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and the filling of 133.5 sq. ft. of Public Trust Area/Estuarine Waters AEC and 1,073 sq. ft. of Estuarine Shoreline AEC. The applicant's project narrative indicates that there will by .025 acre (1,089 sq. ft.) of Section 404 wetland fill. Concerning impacts to Section 404 Wetlands, The Great Dismal Swamp Restoration Bank, LLC has committed to .050 acre of mitigation credits for the project. Basis for Determination: The Town of Kill Devil Hills Future Land Use Map identifies the property as "Low Density Residential". The following LUP policies may be applicable to this request. Public Access: P.1, Page 6-6. "The Town supports the provision of access to the shoreline for residents and visitors of Kill Devil Hills, including persons with disabilities." Natural Hazards: P.26, Page 6-11. "The Town supports the guidelines of the Coastal Area Management Act (CAMA) and the associated policies of the Coastal Resources Commission (CRC)..." P.27, Page 6-11. "The Town supports US Army Corps of Engineers regulations as applicable... The Town supports property permitted mitigation activities." RECEIVED AUG 2 3 2022 R North Carolina Department of Environmental Quality I Division of ¢Coast�a�l+�M�('a''n�Pag'�e,'mge'nnt,�'5�-�,p p D_E O Elizabeth City Office 1401 South Griffin Street. Suite 3001 ElM&c !iLa0-T-YI'CNd�'G't99 Rai HD exNr"u"artu �"—��m-•m;1� 2522643901 ROY COOPER Governor ELIZABETH S. MISER Secretary BRAXTON DAVIS Director Augusts, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality C,22.c>8•oS.0 I FROM: Gregg Bodnar, AssistantMajor Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16.33) gt-dmr(ancttenrgnv SUBJECT: CAMA/Dredge & Fill Review Applicant: Margaret Janes Project Location: 1804 Bay Drive, Kill Devil Hills in Dare County Proposed Project: Construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is being proposed on the northern side of the shoreline. Please indicate below youragency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August26, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments maybe attached" This agency has no comment on the proposed project _ This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME 6��` ECEIt<7ED AGENCY GJ i2C SIGNATURE Ait.`�1� AUG 2 9 2022 DATE 10P SECTION, PAHD North Carolina Department of F.nvironmentalQuality 1 Division of Coastal Management ERrabHh CltyOmce 1401 South Griffin Street, Suite 3001 rlleabeth Cay,North CamIlna27909 ROY COOPER Governor ELIZABEfH S. BISER. Secretary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM: NORTH CAROLINA Envim"ental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) gtcg&Liadnart@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Margaret Janes Project Location: 1804 Bay Drive, Kill Devil Hills In Dare County Proposed Project: Construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier Is being proposed on the northern side of the shoreline. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by August 26, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, In- depth comments with supporting data Is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME 6kkiAtAo— W-t1.AJ AGENCY 7L�W!'rIltlrI SIGNATURE♦,tee, t DATE RECEIVED AUG 2 9 2022 MP SECTION RI'M North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth aty 0film 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2522643901 Received: 8/10/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. B1SER Secrerary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality ER 22-1966 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greiig.bodnart@ncdent-.gov SUBJECT: CAMA/Dredge $'Fill Review Applicant: Margaret Janes Project Location: 1804 Bay Drive, Kill Devil Hills in Dare County Due: 8/18/2022 8/15/2022 no comment —NCH Proposed Project: Construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is being proposed on the northern side of the shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by August 26, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY NC Historic Preservation Office SIGNATURE DATE 8/2412022 RECEIVED AUG 2 4 2022 MP SECTION MID D En �JNorth Carolina Department of Environmental Quality I Division of Coastal Management l Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth city, North Carolina 27909 r t�cv+a�rn 252.264.3901 '1. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bod nar(ftcd enn eov SUBJECT: CAMA/Dredge & Fill Review Applicant: Margaret Janes Project Location: 1804 Bay Drive, Kill Devil Hills In Dare County Proposed Project: Construction of a bulkhead along a hardened shoreline that will tie Into existing bulkheads on adjacent properties. A pier is being proposed on the northern side of the shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this'form to Gregg Bodnar at the address above by August 26, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X This agency approves of the.project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison In @ t'� r a�E AGENCY NCDMF SIGNATURE la djakHarrtgwy SEP 1 2022 DATE 1 September 2022 pJnP EECTION A'THD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carollna 27909 e.,vmw+aru w.�+a ••.w-.aww.a� /'� 252.2643901 1 ROY COOPER Governor ELIZABETH S. BISER Secretary KATHY B. RAWLS Director TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Margaret Janes, Dare County DATE: 1 September 2022 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the permit application for proposed actions that may impact fish and/or fish habitats. The proposed project is located at 1804 Bay Drive, Kill Devil Hills, within Dare County. The applicant is proposing to construct a vinyl bulkhead that will tie into existing bulkheads on the neighboring properties. The proposed alignment will average 1.5' waterward of the normal water line (NWL) with a maximum distance of approximately 2' waterward. A total area of proposed backfill is approximately 1,206.5 square feet. The applicant is also proposing to construct a 125' by 5' pier with no platform or other docking facility. Water depths within the proposed development range from 1.75' (nearshore) to 3.5' at the end of the proposed pier. The location of the proposed work has a historical record of submerged aquatic vegetation (SAV). During site visits conducted by DCM staff, no SAV was reported to be growing within the proposed bulkhead area, but a small amount was present in the area of the proposed pier. Additionally, the waters of Colington Creek are designated as Secondary Nursery Area (SNA). Areas designated as SNA provide the specific habitat requirements necessary for juvenile development of many commercially, recreationally, and ecologically important species. Nursery areas that feature habitats such as SAV are even more important, as they provide additional features such as foraging and refuge. Taking the above into consideration, DMF recommends that the permit include a moratorium of 1 April through 30 September for all in -water work. This will minimize potential impacts to species that use Colington Creek as nursery area. Inclusion of this moratorium will also minimize potential impacts to SAV, as work would be completed outside of the active growing season. Light is one of the most important aspects for SAV to continue to thrive. As such, DMF would also recommend that the design of the dock include light -penetrating materiaWdesigns, such as wider gaps between dock boards and/or slotted materials that allow greater light penetration than wood. Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrison(c�ncdencgov with any further questions �,t I®1 SEP 1 2022 State of North Carolina I Division of Marine Fisheries �'y 3441 Armdell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 Nt P SECTION t F� 11 `� y/ 252-726-7021 t ROY COOPER GOvmff ELIZABETH S. BISER seawary RICHARD E. ROGERS, JR. DGector NORTH CAROLINA Environmenta/Quality September 20, 2022 QW R # 2022-1057 v1 Dare County Attn: Margaret lanes 402 W. Walker Street Kill Devil Hills, North Carolina 27948 Subject: Approval of Individual 401 Water Quality Certification 1804 Bay Drive, Janes Bulkhead USACE Action ID. No. SAW-2021-2586 Dear Ms. Janes: Attached hereto is a copy of Certification No. WQC005084 issued to Margaret Janes, dated September 20, 2022. 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 this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. North Carolina Deparment of Environmental Quality I Division of Water Resources D_E Q 512 North Salisbury Street 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617 '��yd� 919.707.9000 1804 Bay Drive, Janes Bulkhead DWR# 2022-1057 JP --_..rt Individual Certification #WQC005084 Page 2 of 10 If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.51. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A parry filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). North Carolina Department of Environmental Quality I Division of Water Resources ®E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 UgEbmfTiomffii —°n" mury 919.707.9000 oemmw� �.ti 1804 Bay Drive, Janes Bulkhead DWR# 2022-1057 Individual Certification #WQC005084 Page 3 of 10 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Robert Tankard at 252-948-3921 or robert.tankard@ncdenr.gov if you have any questions or concerns. Sincerely, Raw Tiu" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: George Wood, obxwood@vahoo.com Josh Pelletier, losh.r.pelletier@usace.armv.mil Gregg Bodnar, gregg.bodnar@ncdenr.gov Sarah Loeffler, sarah.loeffler@ncdenr.gov laserfiche nK:5:a .wDEQ�� me.an�muwwm�.uiawr� /� North Carolina Department of Environmental Quality I Division of Water Resources 512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 October 4, 2022 Regulatory Division ORM ID No. SAW 2021-02586 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: OCT 5 2022 "B'P SECT10m FOND Reference the application of Margaret Janes for a Department of the Army permit to construct a bulkhead and a pier, on property located at 1804 Bay Drive, adjacent to Colington Creek, in the Croatan Shores Subdivision, in Kill Devil Hills, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL' OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 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 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. 8. 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). 9. 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. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (910) 251-4564. S 1y%4' Sne, RECEI E.D Raleigh Bland, S.P.W.S. Regulatory Project Manager OCT 5 ?022 asap S'E-CT10N KH Copies Furnished: N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building Raleigh, North Carolina 27604 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ron Renaldi, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 -lVED OCT 5 2022 Pi' SECTION WIM DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Margaret Janes 2. LOCATION OF PROJECT SITE: 1804 Bay Drive (Parcel #002544001), Lot 12 in Block 21 of Section 1 within Croatan Shores subdivision, Kill Devil Hills, Dare County, adjacent to Colington Creek. Latitude: 36.029673° N Longitude:-75.684746°W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/12/2022; 5/4/2022; 7/20/2022 Was Applicant Present — No (Agent Present; 4/12/22) 5. PROCESSING PROCEDURE: Application Received Complete — 7/29/2022 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Kill Devil Hills Land Classification from LUP - Residential (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), & Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing — Septic Planned — N/A (F) Type of Structures: Existing — Concrete driveway, retaining wall, SFR, damaged bulkhead, & rip rap revetment Planned — Replacement bulkhead & pier (G) Estimated Annual Rate of Erosion: None Source - Applicant 7. HABITAT DESCRIPTION: A) Shallow Bottom PTA & EW AEC's Shaded Filled Other 625 ft2 (pier) 133.5 ft2 (bulkhead) B) Estuarine Shoreline (ES) AEC's 1,073 f12 (bulkhead) C) High Ground Areas & Non -AEC (D) Total Area Disturbed: t 1,832 ft2 or t 0.04 acres (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No RECEIVED AUG 0 5 2022 DCM-MHD CITY Margaret Janes Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes the construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is also being proposed on the northern side of the shoreline. Project Seftina The proposed development is located at 1804 Bay Drive (Parcel #002544001 & Lot 12) within Block 21/Section 1 of the Croatan Shores subdivision. The property is located in the Town of Kill Devil Hills, Dare County, and is adjacent to Colington Creek which connects to Kitty Hawk Bay and the Albemarle Sound. The property is platted at ± 13,062 ft2 (± 0.29 acres) and contains ± 89 feet of shoreline. Elevation averages ± 5 feet above Normal Water Level (NWL) in the high ground areas. A single- family dwelling including a retaining wall, concrete driveway, and septic system are currently under construction per CAMA Minor Permit #22.009. These structures are scheduled for completion at or around the time of major permit review. The property is primarily vegetated with lawn grasses, but also contains Winged Sumac (Rhus copallinum), Smilax sp., Salt Marsh Elder (Iva frutescens), & Phragmites sp. along the shoreline. The shoreline of the property was previously hardened and contains ± 65 feet of existing wooden bulkhead along the northern portion. The remaining ± 25 feet of shoreline contains a rip rap revetment located mostly landward of NWL in the southern portion of the lot. The applicant purchased the property in December of 2021. A search of CAMA records found that a major permit was previously issued for this parcel on March 14, 2006, to previous owner David McClure. The permit authorized the fill of an existing man-made basin and the construction of 25 feet of bulkhead, a dwelling, pool, and docking facility with a total anticipated land disturbance of 11, 541 ft2. Only a portion of the proposed development was completed, and the permit expired in 2009. Recently, a CAMA Minor permit was issued on May 17, 2022, to Margaret Janes for the construction of a single-family dwelling and associated structures by the Town of Kill Devil Hills. The property has not been evaluated for archeological significance. The property is adjacent to Colington Creek which is connected to Kitty Hawk Bay and the Albemarle Sound. The waters of Colington Creek are joint waters, classified as SC, and are closed to shellfish taking. The width of the waterbody at this location is estimated to be ± 3,100 feet or± 0.6 miles. The bottom substate is soft bottom & sand. No coastal wetlands were found to exist on or near the shoreline, but federal wetlands were found on the property. Federal wetland lines were delineated by George Wood of Environmental Professionals, LLC and confirmed by Billy Standridge, area field representative for the US Army Corp of Engineers (USACE). The location is classified as a Special Secondary Nursery Area. No SAV was reported to be growing within the proposed bulkhead project area, but a small amount was found rooted within the area of the proposed pier. The shoreline of adjacent properties is similarly hardened with bulkheads. Adjacent properties along Colington Creek are developed with man-made structures including single-family dwellings, piers, platforms, and docking facilities of various sizes. RECEIVED AUG 0 5 2022 DCM-MHD CITY Margaret Janes Field Investigation Report Page 2 Development Proposal The applicant is proposing the construction of a vinyl bulkhead for the purpose of shoreline stabilization. The proposed alignment will tie into an existing bulkhead on an adjacent property to the north (owned by 401 Freshpond, LLC) and will extend ± 32 feet in a southeasterly direction before turning east for ± 36 feet. The alignment will then turn again to follow NWL in a southeasterly direction for ± 25 feet to connect with another existing bulkhead on an adjacent property to the south owned by Larry Gossett. The proposed alignment will average ± 1.5 feet wateward of NWL with a maximum distance of± 2 feet waterward. Backfill material will consist of clean sand brought to the site from an upland source. The backfill area does include ± 733 ft2 of designated federal wetlands, ± 133.5 ft2 of shallow bottom fill, and ± 340 ftz of fill to level the southeast portion of the shoreline that contains riprap above NWL. The total area of proposed backfill is± 1,206.5 ft2. In addition to the proposed bulkhead, the applicant is proposing the construction of a 125' x 5' pier located on the northwest side of the property. No platforms or other docking facility related structures are being proposed at this time. Water depths within the proposed development location range from ± 1.75' nearshore to ± 3.5' at the end of the proposed pier. The proposed pier is of similar length to others in the area, meets the'/4 width rule, and does not encroach within the 15 ft riparian access setback. The proposed pier is located ± 20 feet to the south and ± 40 feet to the north of adjacent docking structures. Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ± 133.5 ft2 of Estuarine Waters and Public Trust Area AECs. • Bulkhead installation, back fill, and associated grading will result in ± 733 ft2 of federal wetland fill within the Estuarine Shoreline AEC and existing property lines. • Bulkhead installation, back fill, and associated grading will result in ± 1,206.5 ft2 of land disturbance within the Estuarine Shoreline AEC and existing property lines. • The construction of the proposed pier will shade 625 ft2 of Estuarine Waters and Public Trust Area AECs. Submitted by: Sarah Loeffler Date: August 1, 2022 RECEIVED AUG 05 2022 DCM-MHD CITY PROJECT NARRATIVE MS. MARCARET JANES 1804 BAY DRIVE KILL DEVIL HILLS, NORTH CAROLINA 27948 (Revised July 14, 2022) The applicant, Ms. Margaret Janes, is currently having a single-family residential structure constructed at 1804 Bay Drive in Kill Devil Hills, North Carolina as approved per CAMA Minor Permit N22-009.. The structure will be serviced by on -site wastewater and provided potable water from the municipal water system. The construction sequence will be to construct the retaining wall at the 30-foot CAMA Public Trust AEC alignment and the property filled landward to the elevation of the adjoiners' property to the north as approved by CAMA Minor Permit #22-009. The shoreline is currently partially stabilized with a deteriorated wooden bulkhead and rock rip -rap. Section 404 wetlands exist landward of the dilapidated shoreline erosion control. The wetlands have been delineated and confirmed as SAW-2021 — 02586. The application proposes a bulkhead to average +/- 2 feet waterward of the NWL along the 90 feet of shoreline. The resulting bulkhead alignment will result in 0.025 acres of wetland fill. The Great Dismal Swamp Restoration Bank, LLC has committed to 0.050 acres of mitigation credits for the project. The application also proposes the construction of a 125-foot-long pier 5 feet wide • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this C WA 401 certification request within the applicable reasonable period of time. RECEIVED i U i- 1$ 2022 RECEIVED AUG 05 2022 DCM-MHD CITY This map is prepared from dad used for the of... inventory of the real �1Y Y property for tax �� purposes Primary .... IMomatiw sources such A. as recorded deeds, plats, w,As, and otter primary pubic retards shook be hVA corauxed for sedfioti. of Me iMprmation mrdoehed m this map 1 0 Bay DR Owners: Janes, Margaret C Ttee - Tax District Kill Devil Hills Kill Devil Hills NC, 279" Primary Owner Subdivision: Croatian Shores Inc Sec 1 Parcel: 002544001 Lot BLK-Sec Lot: 12 BlIc 21 Sec 1 Pin: 988409062112 Building Value: $0 RECEIA Use: Secondary Improvement Land Value: $189,800 Building Type: Total Value:Year &aiBuilt$196,200 AUG U 5 ZOZZ DCM-MHD CITY , rYim Nil' rk " 65LiP ,ram )WA 4 F BK 2572 PG 923 - 924 (2) DOC# 700110262 This Document eRecori 12/10/2021 03:26:22 PM Fee: $26.00 Excise Tax: $760.00 Dare County, North Carolina Transfer Tax: $3,800.00 Cheryl L. House, REGISTER OF DEEDS Dare County Land Transfer No.: 521&21 Land Transfer Tax: 3800.00 1985 Sessions Law Chapter 670 (HB 215) Excise Tax. 5160,00 LT# 6218-21 NORTH CAROLINA GENERAL WARRANTY DEED Land Transfer Tax: S3,800.00 Parcel Identifier No. 002544001 Mad after recording to: Dixon & Dixon Law LNtiices, PLLC 42198 Askins Creek Drive, Avon. NC 27915 This instrument was prepared by. Laura F Meads, 106A Ascension Drive, Kitty Hawk. NC 27949 F35885 THIS DEED made this 10 day of December, 2021 by and between GRANTOR David F. McClure and wife. Sheryl L. McClure 3542 SE Leonard Lane Stuart, FL 34997 GRANTEE Margaret C. Janes, Trustee of the Margaret C. Janes Living Trust dated March 26, 2020, and any amendments thereto 21 Wild Pony Lane Southern Shores, NC 27940 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Atlantic Township, Dare County, North Carolina and more particularly described as follows: Lot No. 12, Block 21, Section I, of the subdivision of Croalan Shores, incorporated, as shown on the map or plat dated March 1953. and recorded in Map Rook I, Page 40, in the Dare County Registry submitted electronically by "Dixon a Dixon Law offices" RECEIVED in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Dare County Register of Deeds. AUG 05 2022 DCM-MHD CITY All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 1653 Page 100, Dare County Registry. A map showing the above described property is recorded in Plat Book 1, Page 40, and referenced within this instrument The above described property ❑ does ® does not include the primary residence of the Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging lu the Grantee in fee simple And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, ties the right (o convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property hereinabove described is subject to the following exceptions Aa va;o:er:. taxes fo: 2o2i and all subsequent years. :asemcnts and restrictions appearing of record in Dare county Public kegistry. IN WJTNkSS WHEREOF, the Grantor has hereunto set his hand and seal, or If corporate, has caused this in ru to ad in Its corporate name by its duly authorized officerlsl, the day and year first above i tta Mcc[ r - :i aryl L. McClure NORTHt3AROLfNA PA- .l.lxf' kla16KJ COUNTY I certify that the following person(s) personally appeared before me (his day, each acknowledging tome that he or a signed th foregoing document David F. McClure. Witness my hand and official stamp or seal, this the day ��"r20Zl My Commission Expires. SFrh Commonwealth of PenneyhvaMa - Notary Beal Joseph Chow Jr., Notary Public Cumberland County My commissionexpbesSeptember 24, 2025 Commission number1270284 Member, Permiltveels Asso0olion o1 Nplanee -NORTH-GAROLINA n<i 1 L l Icf L. f L"4k OUNTY Nolacy ublic Print Notary Name: I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the fore oing document: Sheryl L McClure Witness my hand and official stamp or seal, this the -K+ day of - e h e_1ar-- 20 1-4 My Commission Expires: NotW ublic Commonwealth of Penneyl Oter PUbllc Beel Joseph Chow Jr., tJJ Y Cumberland C,OUn1Y Mycommission a%p Ire9 SaDlember xa. 2026 Commisebnnumtxr 1279284 eeemtler, Pen�eh'M��yepn d Nolerlee Print Notary Name: T" C L RECEIVE[ AUG 0 5 2022 DCM-MHD CITY AUTHORIZAnON 10 ACr AS REPRESE14TA77VE FORM Uaadowner of record authorizes Environmental Professionals, Inc. to: I. enter the property to gather awirottmenlal and site information, including delineation of environmental regulatory jurisdictions: 2. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers, North Carolina Division of Coastal Management. North Carolina Division of Water Quality, etc.) an needed in review rcgulntory al ignment(s) nnd/or to Montify additionnl regulatory jurisdictions; ?. submit plats and other information to acquire regulatory agency confirmations, approvals. and/or determinations (U.S. Army Corps of Engineers, North Carolina Division of Coastal Management. North Curolina Division of Water Quality, and municipalities); and act as agent for the purposes of obtaining environmental permits, authormAtions. and/or determinations. Da /rt/Z2 RECEIVED JUL 1 g 202Z Dcnn-Ec RECEIVED AUG 0 5 2022 DCM-MHD CITY PI ANNING FUR A BETTER FNVIRONhONT March 2, 2022 401 Fresh Pond, LLC P.O. Box 216 Wakefield, VA 23888 To Whom It May Concern: (Via Certified Mail/Return Receipt Requested) Environmental Professionals, Inc. has been retained by Ms. Margaret Janes to represent her to the North Carolina Division of Coastal Management for the purposes of obtaining a permit to authorize the replacement of the bulkhead and to construct a pier and single-family residence at 1804 Bay Drive which is adjacent to yours on Kitty Hawk Bay in Kill Devil Hills, Dare County, North Carolina. Should you have any questions regarding this request, please contact me or Ms. Sarah Loeffler with the North Carolina Division of Coastal Management. Environmental Professionals, Inc. Attn: George H. Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone No.: 252-441-0239 Cell Phone: 252-423-1234 Email: obxwoodnayahoo.com North Carolina Division of Coastal Management Attn: Ms. Sarah Loeffler 401 S. Griffin Street — Suite 300 Elizabeth City, NC 27909 Telephone No.: 252-264-3901 Email: sarah.loeftlerFcincdenr.gov If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. I appreciate your consideration of this matter and remain available to answer any questions you may have regarding this request. Sincerely, Envirroo�nn entaI Professionals, Inc. ' George H. Wood, CEP, PWS Attachment: a/s I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. 1L4111 3 Z SICNA RE DAT P.O.BOX3368 • KILL DEVI L III LLS. NORTH CAROLINA 27948 • 252-441.0239 FAX: 252441-0721 • EMAIL: ohxwood*ynhoo.com l RECEIVED AUG 05 2022 DCM-MHD CITY k! IRAOBLS PIAMMNGrnx A Hrrfe ennxtavn¢nr March 2, 2022 Mr. Larry Gossett 3469 N. Military Hwy, Norfolk, VA 23518 Dear Mr. Gossett, (Via Certified Mall/Return Receipt Requested) Environmental Professionals, Inc. has been retained by Ms. Margaret lanes to represent her to the North Carolina Division of Coastal Management for the purposes of obtaining a permit to authorize the replacement of the bulkhead and to construct a pier and single-family residence at 1804 Bay Drive which is adjacent to yours on Kitty Hawk Bay in Kill Devil Hills, Dare County, North Carolina. Should you have any questions regarding this request, please contact me or Ms. Sarah Loeffler with the North Carolina Division of Coastal Management. Environmental Professionals, Inc. North Carolina Division of Coastal Management Attn: George H. Wood, CEP, PWS Attn: Ms. Sarah Loeffler P.O. Box 3368 401 S. Griffin Street —Suite 300 Kill Devil Hills, NC 27948 Elimbelh City, NC 27909 Telephone No.: 252A41-0239 Telephone No.: 252-264-3901 Cell Phone: 252 423.1234 Email: sarah.loeftler@tedmrgov Email: obxwoodQvahoo com If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. I appreciate your consideration of this matter and remain available to answer any questions you may have regarding this request. Sincerely, Environmental Professionals, Inc. /J.�-//c%-a1 George H. Wood, CEP, PWS Attachment: als 1 have no objection to the project described in this correspondence. 1 have objection to the project dmcribed in this correspondence. SIGNATURE DATE P.O. BOX 376E • KILL DEVIL HILLSNORIM CAROLINA 2794E • 252441-0239 FAX: 25DMI417ZI • EMAIL: ebswwed^asabao.m. RECEIVED AUG 05 2022 DCM-MHD CITY RECEIPT1 u.S. Postal Service'" CERTIFIED MAILG m Vomostic Moll Only o• r ocetiddr VA 23888 \, ti u..r« $3.75 9 m s lm 0 ow...bas.awn s— - rn o ❑a..l�aww+a s— � Poenn�M a ❑c r.e ururwewr.r f n.n m ❑.a.6.n•..•aWw 4 Q ❑.e,n equo..w.r.murw� ru Po Uge nNi ..fw. 60.58 03/09/2 c .38 401 Fresh Pond, LLC N Sue;i erid P.O. Box 216 Wakefield, VA 23888 ...... . postal Service" MAIL' RECEIPT NCERTIFIED S 0' r f FlJlfe. J Nfwmifwd . 3 0 m s.._Tr �t ��yy e ... +vas;nas ��or 7� P�o,lnark m OM1'^M Y '�Q o Oc rfrurumD*Momm _ mHere Ilraaav+��ww.ew.r�-- C o roic o 037W9/2 Ns TOU Po.Up. •38 ro Mr. Larry Gosse N� Military HWY. x1:roM:� 3489 N. N Norfolk, VA 23518 RECEIVEC) A U 6 05 DCM-MHD CITY ■ Complote items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiec� or on the front If space permits. 1. Article Addressed to: 401 Fresh Pond, LLC P.O. Box 216 Wakefield, VA 23888 9590 9402 6011 0069 6685 82 2. Arice Number (rrensler Iron service Isbell 7021 2720 0000 3284 7935 PS Form 3611, JDIy 2015 PSN 7530-02-000- y3 G ■ Compl ' a Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece. or on the front If space permits. 1. Article Addressed to: _. Mr. Larry Gossett 3469 N. Military Hwy. Norfolk, VA 23518 IIII111111111IIIIIIIIIIIIIIIII II IIIIIII1111III 9590 9402 6011 0069 6685 99 2. Article Number (Danner from service label) 7021 2720 0000 3284 7942 a Wwm Y auorese nerant from Rom 1?-❑ Ye: YES, enter delivery address below: -11�mo IUfi 0 7 2-2 vise Type 811=a` tr 9d ❑ Pdorlty Mall Express® ❑Rageeef Mall^ alum fle561W� D11vary led Mall® ❑ Raaletered Mall ResWerod DeeYPovaa led Mall Reselcted Delivery ❑ ReNrn Racdpl for :t on Delivery Meroaandlsl :t on Delivery RestnGted Delivery ❑ Signature Coneonation`e i Mall ❑ Signature Connrmatlan vMet fleaMclad DelNary Restdotad Delivery Domestic Retum Receipt A. Signature , p %� l � � Il"�93 Addresses B. Received by (Print d Name) C Ste o(DeBNrery D. is delivery address different from Item 1? Dyes If YES, enter delivery address below: _kNo JIA J/K22 Service Type ❑ Pdomy Mail E�pmse® Adult SVW" ❑ Registered Mailau Adue SignstweReseiobd Delbnry ❑Re#W dM ll RwAoled S',orlliletl malls Dellvery Gdiged Mall Restricted Delivery ❑ R umRe Receipt for Collect on Delivery collect on Delivery Restricted DellverY ❑ Signetwe Confirmedone' Ineumd Mall ❑ Slgnetun, Canl'umailon Inwred Mail Reetrich d De1Ney Restricted Delivery 'aver SM I, ,duly 2015 PSN 7530-02-og0-gg53 Domestic Return Receipt 4ECEIVED AUG 0 5 2022 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO: Theresa Schneider The Coastland Times Manteo, NC 27954 legals(u)thecoastlandtimes.com FROM: Ella Godfrey DATE: August 4, 2022 SUBJECT: Public Notice: Margaret Janes Please publish the attached Notice in the Wednesday, August 10, 2022, issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send me the affidavit, an original copy of the published notice, and an original invoice. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File RECEIVED AUG U 5 2022 DCM-MHD CITY D _E\Q�J North Carolina Department of Environmental Quality l Division ofCoanal h1anoWment -- —' Elizabeth Chy Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina �� V 252.2643901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 07/29122. Margaret Janes proposes the construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is also being proposed on the northern side of the shoreline, located at 1804 Bay Drive, Kill Devil Hills in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 08/30/22, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, August 10, 2022 RECEIVED AUG 0 5 2022 DCM-MHD CITY D EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 - ",�.+iww� /"� 252.2643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 4,2022 Margaret Janes 402 W. Walker Street Kill Devil Hills, NC 27948 Dear Ms. Janes: NORTH CAROLINA Fnvlronmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval the construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is also being proposed on the northern side of the shoreline, located at 1804 Bay Drive, Kill Devil Hills in Dare County. It was received complete July 29, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision October 12, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from July 29, 2022, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point RECEIVED AUG 05 Z02Z DCM-MHD CITY D _E9'r North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffln Street. Suite 3001 Elizabeth City. North Carolina 27909 rr �org2522643901 Margaret Janes August 4, 2022 Page 2 of 2 along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Sarah Loeffler, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely Ron Ren44 District Manager, Northeastern District NC Division of Coastal Management Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Sarah Loeffler, Field Representative, DCM George Wood, Environmental Professionals, Inc., Kill Devil Hills, NC RECEIVED AUG 0 5 2022 DCM-MHD CITY NOT 1 (00'/ 1: CAMA PERMIT APPLIED FOR PROJECT: Construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is being proposed on the northern side of the shoreline. COMMENTS ACCEPTED THROUGH _ August 30, 2022 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW. Margaret Janes n Sarah Loeffler 402 W. Walker Street n c to 401 S. Griffin Street, Suite 300 Kill Devil Hills, NC 27948 c Elizabeth City, NC 27909 540-908-9134 = 0 v, - 252-264-3901, ext. 232 n o ryy SAW-2021-02586 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02586 County: Qkm U.S.G.S. Quad: NC -Kitty Hawk NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor. Marearet Janes Address: 21 Wild Pony Lane Southern Shores, NC 27949 Telephone Number: (540) 909-9134 E-mail: orianesI00(a)email.com RECEIVED AUG 05 2022 DCM-MHD CITY 1Ci1 0 % i�,1 Size (acres) 0.30 Nearest Town Kill Devil Hills Nearest Waterway Kitty Hawk Bay River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude: 36.029733 Longitude:-75.68457 Location description: The review area for this Jurisdictional Determination is located at 1804 Bay Drive in Kill Devil hills, Dare County, NC. The site is identified as Lot 12. Block 21, Section 1, Subdivision of Croatan Shores. Parcel # 002544001. The roperty totals 0.30 acres and contains 0.025 acres of wetlands Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RNA) (33 USC § 403). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/30/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RNA) (33 USC § 403). However, since the wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project arca/propery subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RNA) (33 USC § 403) and Section 404 of the Clean Water Act (CWAx33 USC § 1344), Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. One wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated . We strongly suggest you have this SAW-2021-02586 delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to C WA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Billy W. Standridee at (910) 251-4595 or Billv.w.standridee( ussee.armv.mil. C. Basis For Determination: See the preliminary jurisdictional determination form dated 04/19/2022. D. Remarks: The wetlands within the review area are accurately depicted on the attached survey for Marf:aret C. Janes, dated 1113012021. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303.8803 AND PH ILIP.A. SHANN INQ.USACE.ARMY. MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. "It is not necessary to submit an RFA fomt to the Division ffice if you do not object to the determination in this correspondence." Corps Regulatory Official:G ` ��/ y� jQ Date of JD: 04/19/2022 Expiration Date of JD: Not applicable RECEIVED AUG 0 5 202? DCM-MHD CITY SAW-2021-02586 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https:/reiaulatory.ops. usace.army. m it/customer-service-survey/. Copy furnished: Agent: Environmental Professionals, Inc. Ceoree H. Wood Address: P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone Number: (252) 441-0239 E-mail: obxwood(a.vahoo.com in 0 7 222 RECEIVED AUG 0 5 2022 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM: NORTH CAROLINA Env/ronmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:252-247-3330 (Courier04-16-33) ereee.bodnar(cdncdenneov SUBJECT: CAMA/Dredge & Fill Review Applicant: Margaret Janes Project Location: 1804 Bay Drive, Kill Devil Hills in Dare County Proposed Project: Construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is being proposed on the northern side of the shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greece Bodnar at the address above by August 26, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY RECEIVED SIGNATURE DATE AUG 0 5 2022 DCM-MHD CITY D_E QJ North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City office 1 401 South Griffin Street, Suite 300 1 Elizabeth Cky, North Carolina 27909 �•�a� /v� 2522643901 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Merearet Janes Distribution Date: 8/5/2022 AGENCY ECRO Community Development/LPO Donna Elliot— Town of Kill Devil Hills DCM Planner Charlan Owens EilzCity US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort, Carteret Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No bnger public Water Supply) Clif Whitfield Marine Fisheries lames Harrison NC DOT David Harris Shellfish Sanitation State Property Shannon Jenkins Sharon Gupton Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment& Erosion- Storm water- DWR 401- Samir Dumpor Roger Thorpe Robert Tankard WRC National Heritage Program Maria Dunn (WARD) Rodney Butler RECEIVED AUG 0 5 2022 DCM-MHD CITY Revised: 6/29/2018_.- - "'This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (111012012) Applicant: Margaret Janes Date: 7292022 Project Site County: Date Staff., Sarah Loeffler District: BElizabeth City ❑Washington ❑Morehead City ❑Wilmington Project Name: Bulkhead & Pier Rover File: WA Date of lrtitial application submilfal: 617IM2 Date application 'received as complete' in the Field office: 7292022 Permit Authorization: CICAMA Dredge & Flll gBoth SITE DESCRIPTIOWPERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes ® No❑ Setback Required (riparian): DYes ®No Critical Habitat: El Yes NNo ❑Not Sure 15-loot waiver obtained: ❑Yes HAto Hazard Notification: Yes ®No SAV. NYes ONo ❑Not Sure Shell Bottom: Yes ®No ❑ Not Sure TemporaryImpacts Yes ❑No Sandbags: Yes ®No ❑ Not Sure Did the land use classification come from countyLUP: ®Yes [-]No Mitigation Required (optional): ❑Yea ®No Moratorium Conditions: []Yes [:]No ®NA Environmental Assessment Done: ❑Yes ®No []NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Llmonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) (CJ) Saw grass (Cladfum jamaicense) C1 (SA) Salt marsh cordgress (Spertins ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Sciipus LJ (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlemsh (Juncus (SP) Sa/t/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No tee required - $0.00 III(A) Private w/D&F up to 1 acre; 3490 0 III(D) Priv. public or comm w/D&F to 1 can be applied - $250 acre; 3490 cant be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Mayor IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 W(B) Pubik: or commercial wl D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Mayor development extension request - It. Public or commerdallno dredge $100 and/or fill - $400 ❑ L Private no dredge and/or fill - $250 III(C) Pdv. public or comm wAMF to 1 acre; 3490 can be applied; DCM needs DWQagreement -$400 AUG O 2n22 DCM-MHI) CITY 252-608-2808 :: 1.888-4RCOABT :: wwwmccoastaimanagament.net revised:02H5N0 NC Division of Coastal Mgt, Application Computer Sheet, Page 2 of 3) Applicant Margaret Janes Date: 7212022 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In yourAcdvities Code Sheet. Activity Name Number TYPE REPLACE Dimension 1 Dimension 2 Dimension 3 Dimension 4 Choose One Choose One Bulkhead I New work® Replace gg' 2' 3' Maintenance ❑ H Y [IN Pier 1 ^leW Ktrl N Replace 125' S' Maintenance ❑ ❑ Y ® N New Work 0 Replace Maintenance ❑ ❑ Y ❑ N New Work ❑ Replace Maintenance ❑ ❑ Y ❑ N New Work D Replace Maintenance ❑ ❑ Y ❑ N New Work Replace Maintenance ❑ ❑ Y ❑ N New Work ❑ Replace Maintenance ❑ ❑ Y ❑ N New Work ❑ Replace Maintenance ❑ ❑ Y ❑ N New Work ❑ Replace Maintenance ❑ ❑ Y ❑ N New work ❑ Replace Maintenance ❑ ❑ Y ❑ N New Work ❑ Replace Maintenance ❑ ❑ Y ❑ N New Work ❑ Replace Maintenance ❑ ❑ Y ❑ N New Work Replace Maintenance ❑ ❑ Y ❑ N New Work ❑ Replace Maintenance ❑ ❑ Y ❑ N New Work [I Replace Maintenance ❑ ❑ Y ❑ N New Work ❑ Replace Maintenance ❑ ❑ Y ❑ N New Work Replace Maintenance ❑ ❑ Y ❑ N RECEIVED revised 0211 S/10 AUG 0 5 ?0?? DCM-MHD CITY NC Division of Coastal Mgt. Application Computer Sheet, rage 3 of 3) Applicant. Margaret Janes Date: 7M2022 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or ender temp restoration or temp impact Mine impacts) im ct amount __rem_ im acts amount Shallow Bottom Dredge ❑ Fill ® Both ❑ Other ❑ 133.5 82 133.5 ft2 Open Wafer Dredge ❑ Fill ❑ Both ❑ Other ® 625 tt2 625 /fz High Ground Dredge ❑ Fill ® Both ❑ Other ❑ 1, 073 R2 1,073 A2 Shoreline Dredge ❑ Fill ❑ Both ❑ Other ❑ 89, 89, &edge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fie ❑ Both ❑ Other ❑ Dredge ❑ Fi9 ❑ Both ❑ Other ❑ Dredge ❑ He ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fie ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ RECEIVED AUG 0 5 2022 DCM-MHD CITY 252-808.2808 :: 1-888+4RCOAST :: www.nccoasta�nranagem n�.net revised: 02115/10 Loeffler, Sarah W From: George Wood < obxwood@yahoo.com > Sent: Friday, July 29, 2022 10:58 AM To: Loeffler, Sarah W Cc: George Wood; Margaret lanes Subject: [External] Janes application CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. <mailto:report.spam@nc.gov> After what seems like weeks of westerly winds, the wind fell out this early morning enough to take water depths at the project site. The depths after adjustment for a .25 foot above normal are: -at the bulkhead. -1.75' -25' water ward. -2.00' -50' water ward. -2.5' -75' water ward. -2.5' -100' water ward . -3.0' -125' water ward. -3.5' -150 'water ward. -3.75' I trust this is what you need for your finalization of the application RECEIVED AUG 0 5 2022 DCM-MHD CITY MAJOR PERMIT FEE MATRIX Applicant: M&W AaAf? f ` Ult t2 — 10614 541 DV;Wl M d Selection Development Type Fee DCM % DWQ (14300 1601 435100093 1625 62531 (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100%($400) 0%(`}'0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 1W/n ($250) 0% ($0) CAMA Major permit III. For development that MEN involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a lies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be applied. III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40°/a ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed qye&Wi-(, W because of concerns related to water quality or I�., yOU `_/ OF M(f1�+�rl a uatic life: I II(D) If General Water Quality Certification No. $400 60%($240) 40%($160) 4097 (see attached) cannot be a lied: IV. For development that El involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: AUG 05 2022 DCM-MHD CITY NC Division of Coastal Management 16 3 9 5 a& C D Cashier's Official Receipt Date:. f zo 2.L Received From: � �t tiy[ iny%&WiJ Cre �3`� ax LYI(� s 4uL L U Permit No.: M A.1 try P'CN V%Aw '- {eL Check No.:11 � I Applicant's Name: M -VgfC1L'V'rk 'Tci V-`j County: hally, Project Address: , L 9 Na.4, D✓ t u%k e 1Ci li D"i i _ K, L 151 NC 2,t+4 A Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: p4z M4 Signature of Field Representative:w✓�- U`J" Date: Date: RECEIVED AUG 0 5 2022 DCM-MHD CITY LINES C - D NCGRID ALONG AND WITH EXISTING POINTA NORMAL WATER LINE AND BULKHEAD NOWORFORMERLY 4 161. N 646,04 sFT FRESHPONDLLC D.B. 2564, PG. 305 E6181. 2SE , T S1 t 122' & LOT 12 POINT ENO RETAINING WALL M.B. 1, SLD. 40 N 846,136.90 ,FT�'•c� $T E 2,980,304.42 sFT g9` fE1 UNDER CONSTRUCTION '. (CAMA MINOR PERMIT #22009) t- END PROPOSED f• BULKHEAD _ DWELLING ONPILLNGS UNDER CONSTRUCTION PERM/T 6 WETLAND FILL AREA (PURSUANT TO CAMA MINOR #22.009) 30'FRONT pm q I 593 SF SETBACK VIC/N/TYMAP - MAP NOT TO SCALE D q q N6f 5309E 289,76' A g S O q O \ TBM - MAG NAIL I ELEV 4.50 �.... fT \ LOT 12 .-`--'�-- _... f3,082SF \\ \ f- -t 12-V \ \ _ w PROPOSED \\ I €€ PIERS71 t470'W PP��--9KRIP \ -_. 19 ' 5kt 125' 3B.51'17AP \, \, - � 6 N58'337f'W Q QUA A 24.75' \ \ A PROPOSED BULKHEAD AT NWL C S6155V9W 227.98' w>tis 2 13B MM` VOA- \ AREABETWEEN 30'r-AMA 75'CAMA AEC W xs,won FILL AREA BETWEEN NWL EASTERN EXTENT BUFFER f0'SIDE AND WETLAND LINE OF RIPRAPAND 340 SF WETLAND LINE NOW OR FORMERLY SETBACK RECEIVED • oRcno n 140 BEGIN (NP) LARRY S. GOSSETT RETAINING WALL • .�.,. U COLINGTON BEGINBULKHFAD D.B. 23W,, PG. 176 UNDER CONSTRUCTION • o• CREEK UNDER CONSTRUCTION LOT 13 (CAMA MINOR PERMIT #22.009) J U L 1 e 2022 • M.B. 1, SLD. 40 o W � DCM-EC Z p N DWELLING C m UNDER CONSTRUCTION SCALE 10=30' 8.10 8.10 0 30' 60' O AREA 70 BE FILLED PROPOSED LEGEND .. u a!2 C)6 _ BULKHFAD3.00 EA7SIMfG4A?0NPIPE(EIP) a EXISTWORONROO(EIR) O o W to ILL � Z $ Q to CALCUXEDPONT Q SECTION A -A POST U W W P Kt71AA0FLAG 0 (A $ '. Z NOTES: PROPERTYBOUACKRY 1. ADJACENT PROPERTYLNES O ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES. RMrHT-0E-WAY 2. THIS PROPERTY IS LOCATED IN FLOOD ZONES x Q W FEWE_ _ X "SHADED X" &'AE(4')' AS SHOWN ON FEMA MAP z Q x I, JASON A. MIZELLE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY p� PANEL 3720988400K, DATED JUNE 19, 2020 AND BINL&W SE784CK - - - - O SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MYSUPERVISICAI7Mhyi SUBJECT TO CHANGE BY FEMA. C4M4 LIDS - - - - - - - - - - Q m L-V GEED DESCRIPTION RECORDED IN DEED BOOK 1653, PAGE 100; THAT ••....,, o 3. IT IS THE RESPONSIBILITY OF THE CONTRACTORIOWNER TO NORMAL WATER LWE(AWL) 104-22-22) - - u BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM O ESS/ /(i VERIFY ALL BUILDING SETBACKS AND RESTRICTIVE fJESTdIGREUWM'G F O WALlAJULYiffAD D D D D D D O❑❑ �' • •;� �N•, INFORMATION FOUND IN THE REFERENCES SHOWN HEREON; THAT THE O �. COVENANTS PRIOR TO CONSTRUCTION. }} (- RATIO OF PRECISION AS CALCULATED IS 1:10,000+; THAT THIS PLAT WAS Q� T 4. VERTICAL DATUM: NAVD 88 PER LEICA RTK NETWORK. RETAINING WALL W PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. 5. PLAT DATE: MARCH 1953 WETLAND LMlE - - > Z -4 17 IY : 6. WETLANDS WERE IDENTIFIED BY ENVIRONMENTAL c U) (F)(11)c. - THAT THE SURVEY IS OF AN EXISTING PARCEL OF LAND. .{O: PROFESSIONALS, INC. AND CONFIRMED BY THE US ARMY RECEIVE •� m �••.•O SUR\I CORPS OF ENGINEERS O4-19-22, SAW-2021-02586 WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER 9 ....•• \. 7. REVISED: 07-15-22, PER ENVIRONMENTAL PROFESSIONALS, INC. pp �11r �o2Z �bySON u AND SEAL THIS 6TH DAY OF MAY, 2022. q M1%E-•�aT�� U1.1 �T�MtIµINN1Ml^- 41889.028 REVISED: 07-15-22 ,AQ_MIiB Cl" s.•. w 1 OFI g2