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HomeMy WebLinkAbout82-22 Gutmann, JeffreyY Permit Class NEW Permit Number 82-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for CD X Major Development in an Area of Environmental Con pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Jeffery Gutmann PO Box 566 Rodanthe, NC 27%8 Authorizing development in Dare County at adj. to man-made canal off Pamlico Sound, at aarcels .mvx 013236003 & 013236004 off Wellington Lane, in Salvo, as requested in the permittee's application did 2/25/22 (MP-1, 3) & 3/14/22 (MP-2), incl att workplan drawings (2), Sheet 1 of 2 dtd 1/18/22 & Sheet 2 of 2 dtd 2/25/22. This permit, issued on August 11, 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 )f these terms may be subject to tines, imprisonment or civil action; or may cause the permit to De null ana voia. Boat Rama 1) Unless specifically altered herein, this permit authorizes one concrete boat ramp, as indicated on the attached workplan drawings. 2) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 3) Excavation, fill and/or ground disturbing activities, associated with the placement of the boat ramp, above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than specified in the attached permit application and workplan drawings. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on August 11, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z_/// Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Jeffery Gutmann ADDITIONAL CONDITIONS Upland Development — Gravel Road Permit No. 82-22 Page 2 of 3 4) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the gravel road, all as expressly and specifically set forth in the attached permit application and workplan drawings. Excavation 5) No excavation shall take place outside of the area indicated on the workplan drawings. 6) Excavation shall not exceed -3 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 7) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 8) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters. 9) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Dredge Material Disposal 10) No dredge material shall be placed within 30 feet of the normal water line. 11) All excavated materials shall be confined above normal water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 12) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 13) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the dredge material has been addressed. Jeffery Gutmann ADDITIONAL CONDITIONS Maintenance Clause Permit No. 82-22 Page 3 of 3 14) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Sedimentation and Erosion Control 15) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 16) 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 17) 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. 18) 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. 19) The pemrittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations from the U.S. Army Corps. of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 2022-0515. 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 $250 was received by DCM for this project. DCM Coordinator: (pC� & Permit #: MAILING DISTRIBUTION SHEET Agents: !!�(c Z79�6 DCM Field Offices �// Elizabeth City �vo r w Gl K' Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Tosh Pelletier (Bertiel Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) om Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (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: Renee Gledhill -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 ;?x)bu" f l Q occr'd TBD - 401 &Uger Thorpe-Stormwater 'Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Fender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney Butler LPO: Bock 6(16ap� (NCDOT) Travis Wilson ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality May 31, 2022 Atlantic Environmental Consultants LLC. Doug Dorman (via email dougdaec@gmail.com) Dear Mr. Dorman, '�2 F This letter is in reference to the application submitted for Jeffery Gutmann, for a Coastal Area Management Act Major Permit to undertake development activities to construct a boat ramp with excavation, in Dare County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make August 11, 2022 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-515-5416) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Elizabeth City D_E Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality February 1, 2022 Mr. Doug Dorman Atlantic Environmental Consultants, LLC P.O. Box 3266 Kitty Hawk, NC 27949 RECE1\X-p FEB 1 ZU2t DCM.0VAID V*Ty Re: Jeffrey Gutmann Dredge Project, Wellington Lane, Salvo, Dare County Dear Doug: The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on January 25, 2022, on behalf of Jeffrey Gutmann for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 07J.0204, and has revealed certain deficiencies which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these issues so that they can be corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation as noted below. Not all questions in the application have been answered, or indicated as "not applicable". Please address the following: Form DCM-MP-1: 3. 1) Due to the fact that the 2 parcels owned by Mr. Gutmann do not have street numbers, please add the parcel numbers under the street address. 2) Please remove your cell number entered with the project location data. • 4. Please re -verify the length of shoreline; 9,504 linear feet (Ift) is not accurate. • 6.a. The Narrative provided needs the following corrections: o 3rd paragraph notes that the proposed dredging depth will connect to a water depth of -3.5'. Please correct to note a connective water depth of -3. North Carolina Department of Environmental Quality Division of Coastal Management Elizaheth City Ofhce 401 South Griffin Street Suue W Ehzaheth City. North Carolina 27409 ie �wti.m wdi� / 352'6 t 390I Mr. Doug Dorman Atlantic Environmental Consultants, LLC February 1, 2022 Page 2 o The 3rd paragraph also states that you evaluated the dredge area for the presence of submerged aquatic vegetation (SAV), and was confirmed by me on 10/21/22. This is an incorrect statement. The reason for my visit on 10/21/22 was to verify water depths only. For the record, when I conducted a site visit on 05/11/2021 to evaluate water depths for the proposed docking facility, I noted that there were no SAVs in the canal, some grass 1 to 1-1/2' from shore, and spotty areas 40' to 60' from shore. Please remove the comment that I confirmed your SAV findings. ■ 15A NCAC 07H .0208(b) Specific Use Standards note under (I) Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria: (i) The applicant demonstrates and documents that a water -dependent need exists for the excavation. ■ It is possible that the NC Division of Marine Fisheries may require a more detailed sampling of SAVs. A copy of the "Recommended Sampling Protocols for Shellfish and SAV for permit application review purposes" is enclosed for your review. o Under Proposed Open Water Impacts, you note that the boat ramp addition would be 90 sf (the new ramp is proposed at 200 sf, and the existing is 120 sf; the additional sf calculates to 80 sf). 6.d. You have provided a deed that references Parcel 013236-002. Please provide the current deed that references Parcel: 013236003 and Parcel #: 013236004, as noted in the Narrative. • 6.e. A check in the amount of $400 was received for the Permit Fee. The appropriate fee for private, non-commercial development that would not require General Water Quality Certification would be $250. The total cubic yards proposed for excavation is noted as 480 cubic yards. If no SAVs are proposed to be dredged, the fee would be $250. Mr. Doug Dorman Atlantic Environmental Consultants, LLC February 1, 2022 Page 3 o However, if any part of the area of maintenance dredging impacts SAV or shellfish beds, then GWQ Certification would be required and the fee would be $400. The information regarding SAVs needs to be verified. 6.f. You have submitted a copy of the letter mailed to John Walston and a signed riparian statement from Chad Harper. Please submit the Certified Mail -Return Receipt and Signed Green Card for the notification to Mr. Walston, along with a copy of any comments received in response to your letter. 6.g. Please include the permittee name of Jeffrey Gutmann and issue date of 05/18/21 adjacent Permit No. 78109. Form MP-2 • The measurement of the canal appears to include the length of the boat ramp. Without a scale to reference on Sheet 1, I need you to re -verify this measurement. • 2.d. Please verify (i) and (ii). You are referencing other locations on site for future dredging. Form MP-3 Page 2, m. notes Public Water Supply as source, please answer n. Adequate Work Plans have not been submitted. Please address the following items: Sheet 1 of 2: a) requires the North direction with arrow; b) plat must be accurately drawn to scale; a scale of 1" = 200' or less is normally required in order that project detail can be easily understood, and c) the Plat must locate project area wetlands as well as identify the agency or consultant making the determination, along with the date the determination was made. d) As stated on page 1, on 10/21/22, we took depth measurements during a southwest wind, and it was noted that water levels were approximately 4- 6 inches above NWL. This would equate to the maximum water depth at no greater than -3'. This number should be updated to reflect that correction. If you feel this is not accurate, I would recommend taking new depth measurements for comparison. RECEIVED FEB 10 ;`2 DCM-Mpi: CITE" Mr. Doug Dorman Atlantic Environmental Consultants, LLC February 1, 2022 Page 4 e) In reference to the existing lower level platform, it was noted during our site visit, and confirmed on the copy of GP 78109 provided to you, that there was a 9.5x10 platform between the walkway and the pier, and that the lower platform extending off that platform was 60'x5'. Please adjust your drawing of the existing structures accordingly. • A Cross -Section Drawing must be submitted for the proposed boat ramp. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. The statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, Yvonne Carver Environmental Specialist II Enclosure: Recommended Sampling Protocols for Shellfish and SAV for permit application review purposes cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Ron Renaldi, District Manager, DCM, Elizabeth City Jeffrey Gutmann, Applicant, Rodanthe Recommended Sampling Protocols for Shellfish and SAV for permit application review purposes Shellfish Methods - Sample at the rate of at least 25 one -meter square samples per acre with not less that 10 samples per project site. Samples should be taken on a depth -stratified basis, either randomly or along transects. Sampling gear should be a standard clam rake or a steel tine garden rake. Rake the entire meter square unless there are large numbers of live oysters visible at the specific sample site, in which case count the visible oysters within the specific sample site. Treat intertidal and subtidal areas the same within the overall sampling area Data Collection- Samples should include at least the following data: Location for every sample on a map of the site Date and approximate local time of sampling work • Depth (and lunar tide stage where applicable) Bottom salinity and water temperature For each sample: • General bottom type (estimate: mud, sandy mud, muddy sand, sand, shell, SAV, macroalgae) Numbers of oysters and/or hard clams for each sample • Optional data: Shell length (umbo to lip) in min for each oyster and clam collected Other pertinent observations (such as SAV presence) SAV Timeframe- Conduct survey for SAV during the approximate time periods (periods of high SAV biomass in a given area) shown on the attached map (Figure 1) for the desired location (low salinity: June -Aug; high salinity: Apr -Oct.) Methods- Survey on transects spaced evenly to cover the entire area to be affected by the proposed project and associated activities. Visual surveying should include the area along the transect as well as on both sides of the transect such that the entire area in which the bottom is visible is surveyed. Even if recording/reporting survey results using GPS or survey equipment, the transect method is still recommended so that area coverage is complete. For areas where the bottom is not visible, transects should be evenly spaced and sampled with a rake at evenly spaced distances along the transect sufficient to cover the entire site. Data Collection- Surveys should include at least the following data: Location for all identified SAV on a map of the site (see below) • Date and approximate local time of survey work Depth (and lunar tide stage where applicable) General bottom type (estimate: mud, sandy mud, muddy sand, sand, shell, SAV, macroalgae) When the bottom and/or SAV is visible without raking, estimate plant coverage of the substrate as shown below and in the attached figure: • Dense: >70% coverage Moderate: >40% but less than 70% coverage RECEIVED Sparse: 10 — 40% coverage Very sparse: > 0 — 10% coverage FEB 10 2022 DCM-MHD CITY Absent: None If the SAV occurs in patches that are easily visible, the boundaries of these patches may be delineated and recorded using GPS or survey equipment instead of transect sample points. The data above is still required at representative intervals throughout the survey area. When SAV is not evident at the sediment surface, rake meter square sample sites throughout the site to search for rhizomes and other buried SAV structures. Report presence of rhizomes and other buried SAV structures found per sample. Identify any SAV, including rhizomes and other structures present, to species when feasible Optional data: Other pertinent observations (such as shellfish presence), bottom salinity and water temperature; secchi depth Mapping and Reporting- If recording data using transects, the distances between and along the transects is used to create a general area map of SAV. If location data is recorded using GPS or survey equipment, points can be used to indicate sampling locations and overlain by polygons to show any patches of SAV. Fla ti . t soft • I r Mar Low salinity June - August "•�.,a ��Ps�sfoo ra High salinity April - October s &U Rsxxk Waterbodies Eastern North Carolin Rcr FEB 10 -2 DCM-IV . CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Jeffrey Gutmann PROJECT NAME: Dredge Project COUNTY: Dare LOCATION OF PROJECT: Parcels 013236004 & 013236003, 0 Wellington Lane, Salvo DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-14-22 RECENED OR 31 Mz FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes MHD cl fY FIELD REPRESENTATIVE: Yvonne Carver DISTRICT OFFICE: Elizabr0QW DISTRICT MANAGER REVIEW: c Date ah i I d o J. Z B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S250# III (A) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 4-3-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 5-28-22 EMAIL OUT DATE: 3-31-22 PERMIT FINAL, ACTION: ISSUE DENY END OF NOTICE DATE: 4-23-22 DEED REC'D: Yes 150 DAY DEADLINE: $/f1 ZL STATE DUE DATE: 4-21-22 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep k(u ( 2z � DCM - LUP Consistency Determination �64 74v Local Permit Officer sit,LZ Corps of Engineers- Regulatory Branch DWR-401Section Lei LZ Q�v� 702.2—OS-1 DWR - Public Water Supply Ll q Z Z r DEMLR- Stormwater DEMLR- Sed and Erosion y (1 (Z� DOA — State Property Office Wildlife Resources Commission 571 S DMF — Shellfish Section DMF — Habitat & Enhancement DNCR — Archives & History (3 ZZ Y DNCR — Natural Heritage Program NCDOT NC Dept of Commerce 313i L L ROY COOPER Governor ELIZABETH S. BISER Secretary - BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Greg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, District Manager I?K4 Northeastern District, Division of Coastal Management FROM: Yvonne Carver, Field Representat DATE: 04/20/22 Elil APR 2 1 2022 SUBJECT: Recommendations for Jeffrey Gutmann RIP SECTION FAM The project area comprises of Parcels 013236004 & 013236003 and is located off Wellington Lane in Salvo, Dare County. These parcels are adjacent to a canal/basin and the Pamlico Sound. The applicant proposes to dredge an existing canal'and basin to a connecting depth of -3.0' NWL accomplished by excavator on a barge, transfer spoil material to a 938 sf spoil retention area on high ground, replace an existing boat ramp with a 20'x10' concrete ramp, and construct a 146'x10' gravel driveway extending from an existing drive on high ground to the boat ramp. The development proposal involves the Coastal Shoreline, Estuarine Waters and Public Trust Area, Areas of Environmental Concern. I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this proposal, and my findings are as follows: 15A NCAC 07H .0206 ESTUARINE WATERS (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives,in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Consistent: The development proposal meets this rule. D ��� 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 252.2643901 Recommendations for Jeffrey Gutmann April 20, 2022 APR 2 1 2022 Page 2 P&P SECTION MHD 15A NCAC O7H .0207 PUBLIC TRUST AREAS (d) Use Standards. Acceptable uses shall be those consistent with the management' objectives n Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The development proposal meets this rule. 15A NCAC 07H .0208 USE STANDARDS (a) General Use Standards 1) Uses that are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins,, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches; (b) Specific Use Standards 1) Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this Subchapter. Navigation channels, canals and boat basins shall also comply with the following standards: (A) Navigation channels and canals may be allowed through fringes of regularly and irregularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent wetlands, and if there is no reasonable alternative that would avoid the wetland losses; (B) All dredged material shall be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or coastal wetlands; (C) Dredged'material from maintenance of channels and canals through irregularly flooded wetlands shall be placed on non -wetland areas, remnant spoil piles, or disposed of by a method having no significant, wk Recommendations for Jeffrey Gutmann April 20, 2022 Page 3 long-term wetland impacts. Under no circumstances shall dredged material be placed on regularly flooded wetlands. New dredged material disposal areas shall not be located in the buffer area as outlined in 15A NCAC 07H .0209(d)(10); (D) Widths of excavated canals and channels shall be the minimum required to meet the applicant's needs but not impair water circulation; (E) Boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland; (F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting waters; (G) Construction of finger canal systems are not allowed. Canals shall be either straight or meandering with no right angle corners; (H) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may include shoreline stabilization, vegetative stabilization, or setbacks based on soil characteristics; and (1) Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. Consistent: The development proposal meets this rule. 15A NCAC 07H .0209 COASTAL SHORELINES (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid or minimize adverse impacts of development to estuarine and coastal systems through the planning and design of the development project (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following... specifically (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The development proposal meets this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a Major Permit be issued to Jeffrey Gutmann based on the current proposal, subject to the standard permit conditions. APR 2 1 2022 AIRP SECTION MHD ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director March 31, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quaffry 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) grege:bodnar(dncdenr.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Jeffrey Gutmann Project Location: Parcels 013236004 & 013236003, 0 Wellington Lane, Dare County. Proposed Project: Dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp. 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 April 21, 2022. If you have any questions regarding the proposed project, contact Yvonne Cancer (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. _ This agency objects to the project for reasons described in the attached comments. PRINT NA1111E A� - I I G C.Li4M. P/ kL- Pot; >'a -ro2 AGENCY -DAIZ-F�- LoyrJT`i PLI}fJ1JItJ1k RECEIVE® SIGNATURE , RECEIVED DATE IyKea 3f , 20 2Z APR 1 2022 I i ITkP SECTION IM North Carolina Department of Environmental Quality I Division of Coastal Management ., .... Elizabeth City Ofnce 1 401 South GdFM Street Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 ROY COOPER Governor ELIZABETH S. BISER Serrerary BRAXTON DAVIS Director March 31, 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) grSBg hodnar(@ncdenr a^v SUBJECT: CAMA/Dredge & Fill Review Applicant: Jeffrey Gutmann Project Location: Parcels 013236004 & 013236003, 0 Wellington Lane, Dare County. Proposed Project: Dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp. 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 April21, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X_ This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Lee Padrick PRINT NAME RECEIVED AGENCY NC Commerce SIGNATURE ti r�X MAR 3 1 2022 DATE 3-31-22 RAP SECTION MH® D_EQ� North Cmollna Department of Environmental Quality I DivisionorGoastalf.tanagemcnt Elizabeth any Office 1 401 South Grifnn Street. Suite 9001 Elizabeth City. North Camt1na 27909 2522643901 EMAD'ETHIS ASPA :S-Maly . WORMS 0 mdrC6.3j, 2022 FkOM: *UOJEQr Proposed Project Ploase irmloato I Gregg viodnarA,soManit-M ,ajor Permits its Coordinator (d)natbr WcbEO-)IvlstorcolCoagt6lmanagamert 400 Ppmmerq,"MDrehpalbay rw;42-2473jAO (Cg;(r.orNo1G431 CA MAIOtodo A Fill, ftylaW Jeffrey q4tmann Pardeig 013236004,01i 013230003i.Mollfiwgtdn Ldfib, badin, roplede an existing 4cfattAnlotild extend art existing -OraviDi.drive.tdthe now bast ral#W,. vyour agency's p osidorror viewpintran the oprovsel proJqp,tanO: !648odnaiatftteaddressabavebyApd121,,202Y]Vyoa tf&Wdfly qudiddit project, contact Yvonne Carver (25.2ti4 3gt11',..ezt 237j t�rhen Prop dqp$-comments with sqppor.Uhg.data is teq AGENCY SIGNATURE w DATE *Wdifion . al.comme I MO flay be attached"" This s§dficy has no toaft6nto r, the pfttject This agohtpaip'pr . ov.-es of tW.ptojQot.onjV'.1f th6'M6orrihi6nded thangds a?d incorpoWd. SebAltac-he'd., Wthwpqad fdr reaWKs described in the-atlachod ctiffitheilts. n En C E i V E 0 A 1PR4 Received: 04/01/2022 State Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director March 31, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality ER 22-1103 Due: 4/ 11 /2022 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33). arege.bodnarCa ncderingov SUBJECT: CAMA/Dredge & Fill Review Applicant: Jeffrey Gutmann Project Location: Parcels 013236004 & 013236003, 0 Wellington Lane, Dare County. Proposed Project: Dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp. Please indicate below your agency's,positiortor viewpoint on the proposed project and return this form to Gregg Bodnaratthe address above by April21, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY State Historic Preservation Office RECEEVED SIGNATURE _ Q DATE April 13, 2022 ale„mJmvslJPUY� APR 1 3 2022 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» 2522643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director March 31. 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) gr'cgg.bodnar@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Jeffrey Gutmann Project Location: Parcels 013236004 & 013236003, 0 Wellington Lane, Dare County. Proposed Project: Dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp. 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 April 21, 2022. if you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE 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. Squill R --Dumpc3>; —1c>MLV-- DATE -411 s APR 1 1 2022 North Carolina Department o(Environmental Quality I Division orCoPOP SECTION MHD astal Management Elizabeth City orrice 1 401South Griffin Street. Suite 3001 Elizabeth City. North Carolina 27909 252.26,13901 ' _ Bodnar, Gregg From: Moore, Bill Sent: }Tuesday, June 14, 2022 4:24 PM To: Doug Dorman Cc: Bodnar, Gregg Subject: RE: [External] Re: CAMA Major for Jeffrey Gutmann Hey Doug, Couple of questions re this project (1) Is the provided stormwater narrative & associated stormwater site plan submitted to DCM as a part of the CAMA application? (2) Where were soil samples taken? In the area of the proposed gravel drive? Any issues anticipated with separation from the Seasonal High Water Table (SHWT)? (3) The soil area (from the end of the existing gravel to the existing boat ramp); has this area historically been used by traffic for access to the existing ramp? Have infiltration properties of the soil been significantly diminished or impacted? (4) If additional runoff treatment measures are needed, swales and/or vegetation established on either side of the gravel access, could provide treatment and may help to stabilize the #57 stone? These should be specified and shown on the site plan. If we handle this project with a sw exemption, the additional provided information & site plan will be considered an approved stormwater plan. The project must be constructed according to the plan; any deviation/modifications would trigger another review and may require a formal stormwater permit. Let me know if you have any questions. Look forward to your response. From: Doug Dorman <dougdaec@gmail.com> Sent: Monday, April 18, 2022 5:42 PM To: Moore, Bill <bill.moore@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Re: CAMA Major for Jeffrey Gutmann CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Bill, Here is a stormwater narrative and site plan. Please let me know if this is what you are looking for? I can mail hard copies if needed but the plans should print out to scale on 11x17 if that works. Thank you, Doug Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Mon, 18 Apr 2022 at 15:04, Moore, Bill <bill.moore ncdenr.gov> wrote: Hey Doug, I reviewed this LAMA application. It appears the only new development associated with this project may be the extension of the existing gravel driveway to the proposed boat ramp? Can you send me a hard copy of the site plans with explanation/details showing any new impervious areas & how sw will be routed/treated. Looking for options that maximize vegetative filters & infiltration onsite. Let me know if you have any questions. Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 nonn�r� lD E Q UCparlmsnt al Envvonmenpl puafiry Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Bodnar, Gregg From: Moore, Bill Sent: Monday, April 18, 2022 3:04 PM To: Doug Dorman Cc: Bodnar, Gregg Subject: CAMA Major for Jeffrey Gutmann Hey Doug, I reviewed this CAMA application. It appears the only new development associated with this project may be the extension of the existing gravel driveway to the proposed boat ramp? Can you send me a hard copy of the site plans with explanation/details showing any new impervious areas & how sw will be routed/treated. Looking for options that maximize vegetative filters & infiltration onsite. Let me know if you have any questions. Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 D_EQ� 5n'irml ofl n.�eonmmLl pxau� 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 March 31, 2022 MEMORANDUM: NORTH CAROLINA Environmentat Quaifty 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) grgee bodnarOncderingov SUBJECT: CAMA/Dredge & Fill Review Applicant: Jeffrey Gutmann Project Location: Parcels 013236004 & 013236003, 0 Wellington Lane, Dare County. Proposed Project: Dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp. 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 April 21, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" VThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in, the attached comments. PRINT NAME Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE (315S4d for Shannon Jenkins � q IE8 G�f E® DATE 4/19/2022 APR 2 0 2022 NaP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management ®EQ� - Elizabeth City office 14015outh Griffin Street Suite 3001 Elizabeth City. North Carolina 27909 -- v ix o uma..ana.w\ r 252.2643901 RQY CID OPER boverfiar ELIZABETH S. BISEP seartary BRAXTON DAMS. Dpector March 31, 2022 gANDUMi FROM Gregg. Bodnar. Assistant major Permits a coordinator NCDEO - Divisioni of Coastal manaberrient 400 C.9minerce-Am, Morehead City, NE 285517 FtX: 262-247-333 0 (Courierd44 0-33) ............ .... .. ... SUBJECT: CAMAIDredge &Ffil ReView APO.11c.ant; Jeffroy Gutmann PrqJectLocAtion: Parcels 03236004 & 013236003, 0 Wellington Lane, Dare County.. Propoised, Project; Dredge an -existing oanat and basilhi r0pl906 an extatingboat ramp, And extend an existing gravel drive.to {he now boat ramp. 'Please Indicate belqW you.r agency's position orviewpoint op the proposed joppiect,and . retyrrr thAs form to qMgr Bodnar at the address above by April'21, 2022. If you have any, questions regarding this -proposed project, contact Yvonne Carver.(262-28449b1,:ext; 237) When in depthcomments with supporting data is requested. REPLY: This agency has. no objection to the project as proposed. "Additlional comments may be altached" ThIsapricy has no comment on the proposed project. This. agency approv.09 of the project only if the recommended changes are incorporated. See attached.. This ageripy objects to the. project for reasons de.sc.rlbed in the attached comments. AGENCY V"Anlp =0 e SIGNATU a0#111#111 MISRR_12�204_, DATE —7� r !z RE —COVED n APR 2 6 P022 Wbg'3 SECTION MHD - North CuoHnaDepartmentofEnvimnmenW(�oatity I DIVIsionofContalManaodment Elizabeth City Office 1401 South Griffin Street, Suite 300 I'-E1ftahe1hChy.f4or1h,CaroVna27qQ9 252.2643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality RECEIVED MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator APR 2 6 2022 Division of Coastal Management FROM: Charlan Owen 16P, NE District Planner MP SECTION MHD Division of Coa tal Management SUBJECT: Major Permit Request by Jeffrey Gutmann to excavate a 15 to 36 foot wide by 350 foot long area of canal/basin to a depth of -3 feet, remove an 8 foot wide by 15 foot long concrete boat ramp and install a 10 foot wide by 20 foot long concrete boat ramp, create a 75 foot wide by 125 foot long spoil retention area, and install a 10 foot wide by 146 foot long gravel driveway extension; on a property located along a canal/basin and the Pamlico Sound, at the terminus of Wellington Lane, in Salvo, Dare County. DATE: April 26, 2022 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The 2.04 acre subject property consists of two (2) parcels (013236004 and 013236003) with approximately 235 linear feet of shoreline along the Pamlico Sound and approximately 640 linear feet of shoreline along a canal/basin connecting to the sound. Water depths in the canal/basin range from -1.8 to -2.6 feet. Water depths range from -2 to -2.6 feet below NWL approximately 40 feet from the sound shoreline to a connecting depth of -3 feet. The site is vegetated with Coastal Wetlands, Section 404 wetlands, trees and grasses. Site elevation is 4 feet above Normal Water Level (NWL). The site is located primarily in the AE (4) Floodzone, with a small area to the east located in a Shaded X Zone. Existing site improvements consist of a storage shed and a gravel driveway that extends from Wellington Lane to the shed. Existing shoreline improvements consist of a docking facility that includes a walkway to a 5 foot wide by 382 foot long pierwith a platform on the canal and terminus platform with two (2) boat slips on the Pamlico Sound permitted under CAMA General Permit #78109, and an 8 foot wide by 15 foot long concrete boat ramp. Excavation of a 15 to 36 foot wide by 350 foot long area of canal/basin to a depth of -3 feet, removal of an 8 foot wide by 15 foot long concrete boat ramp and installation of a 10 foot wide by 20 foot long concrete boat ramp, creation of a 75 foot wide by 125 foot long spoil retention area 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 gw ®` _'!ll 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 4 and installation of a 10 foot wide by 146 foot long gravel driveway extension are proposed. Excavation will be accomplished by an excavator on a barge. The excavator will transfer spoil material to a dump truck near the shoreline. The truck will transfer the material to the spoil retention area, which will be located greater than 75 feet from the shoreline. The gravel driveway will extend from the existing drive to the boat ramp. The waters of Pamlico Sound in this area are classified as Class SA and HQW waters. The immediate waters in this area are open to shellfish taking, however canals and shoreline directly to the south are closed to shellfish taking. No submerged aquatic vegetation (SAV) was observed within the project area, but sparse to moderate SAV growth was sited and confirmed 50 to 80 feet west of the existing pier terminus platform. A review of potential historic and archaeological resources was not provided. Anticipated Impacts resulting from this project are expected to include: the dredging of .2 acre of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC), and; the filling of 80 sq. ft. of Public Trust Area/Estuarine Waters AEC, 780 sq. ft. of Estuarine Shoreline AEC, and 1,618 sq. ft. of High Ground outside of an AEC. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Transitional Corridor". As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs) and all federal lands except for the bombing ranges on the Mainland and some state-owned lands in Frisco and Buxton. As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab -shedders." The purpose of the "Conservation" classification is to provide for the effective long-term management and protection of significant, limited, or irreplaceable areas. Land disturbing activities should not occur unless in conjunction with an authorized development. Authorized development should include provisions and conditions that minimize impacts to any natural, cultural, historic, and scenic values of the areas authorized for development. The following LUP policies may be applicable to this request: Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." R. 7ECEITD North Carolina Department of Environmental Quality I -Division loFLa [ jgJEinent Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.2643901 MP SECTION MHD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 4 Policy PA#3, Page 142. "Dare County supports North Carolina's shoreline access policies and grant programs and recognizes the importance of shoreline access to our local residents and our tourist economy. Thus, the County will continue to seek opportunities to expand access, including opportunities for the disabled,..." Land Use Compatibility: Archaeological/Historic Resources Policy LUC#15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180. 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County. 2. Rely on the regulations of the Dare County Zoning Ordinance for development activities along estuarine shoreline areas." APR 2 6 202? North Carolina Department of Environmental Quality I. Division of Coastal Managemen - ElizabethCityOfnce 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 4 Policy NH#5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." Water Quality: Stormwater Policy WQ#5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features. Properties immediately adjacent to SA classified waters should be developed consistent with the dimensional standards and lot coverage limitations of the Dare County Zoning Ordinance. Vegetative buffers and other low -impact development methods identified by the UNC Coastal Studies Institute are appropriate tools to address stormwater runoff adjacent to SA waters." Fisheries Resources Policy WQ#11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend. Dare County supports measures to protect and preserve designated primary nursery areas by the Division of Marine Fisheries..." Local Areas of Concem: Channel Maintenance Policy LAC#10, Page 202. "Dare County advocates the dredging and other associated maintenance activities of all existing navigable channels, canals, boat basins, marinas and waterways. Such activities are of vital importance to our local residents, fisherman, and tourist economy." FRt, EE IVED North . Carolina Department of Environmental Quality I Division of Cgqppasfal M/an eti}p k/k/99 Elizabeth City Office 1 401 South Griffin Street, Sulre.3001 Elizabeth City,Nort�Ca l� 27909 ^^�^ "DA-ue� 252.2643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director March 31, 2022 MEMORANDUM: NORTHCAROLI NA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) greee:bodnar@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Jeffrey Gutmann Project Location: Parcels 013236004 & 013236003, 0 Wellington Lane, Dare County. Proposed Project: Dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gretral Bodnar at the address above by April21, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE JR,GN,2k>t OW-r4"gl, DATE 3 May 2022 RECOVED CsY E MAY 3 2022 RIP SECTION MHD North Carolina Department of Environmental Quality l Division of Coastal Management Elizabeth City office 1 401 South Crifnn Street, Suite 300 1 Elizabeth City, North Carolina27909 252.2643901 .. .. ,.... _...—-c..,.:,.. _ .M ®IFO .,unrm rmer�.wiow� /^� ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director C. Z-2,, rGE-j'. J 1 0 t March 31, 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) Y�St;>-h.4S1A8CLRSdCitr.�4-Y SUBJECT: CAMA/Dredge & Fill Review Applicant: Jeffrey Gutmann Project Location: Parcels 013236004 & 013236003, 0 Wellington Lane, Dare County Proposed Project: Dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grega.8odnarat the address above by April21, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext: 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the pmject as proposed.. "*Additional comments may be attached*" This agency has no comment on the proposedproject. 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 AGENCY A tc SIGNATURE DATE r?'12 MAY 1 6 2022 11P SECTION MHD ®w .,- North Carolina Department of environmental Quality I Division or Coastal Management • , i1 �/•��'� Etizabeth City office 1 401 South Griffin Street, Suite 300:I Elizabeth City, North Carolina 27909 `i 257264.3901 Bodnar, Gregg From: Tankard, Robert Sent: Thursday, June 23, 2022 2:38 PM To: jwgutmann@yahoo.com; dougdaec@gmail.com Cc: Bodnar, Gregg; Pelletier, Josh R SAW (Josh.R.Pei letier@usace.army.mi1); Jones, Jerry R Subject: GUTMAN DREDGE PROJECT, WQ PROJECT # 20220515 Attachments: GC4501.pdf Please find attached the documentation indicating that your project is authorized under North Carolina Division of Water Resources General Certification 4501, with the DWR Project Number being 2022-0515 version 1. Thanks again for your patience, and if you have any other questions, please let me know how I can be of help. The General Certification 4501 can also be found at Web Access URL: https:Hedocs.deq.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=2152988 Robert Tankard Assistant Regional Supervisor Division of Water Resources Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 252-948-3921 office 252-975-3716 fax Robert. tankard (a)ncdenr.gov 0. T"Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. =04 APPUUT-191 ter Meier Deeeleameet Permit (last revised 12127106) MAR 14 2022 North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Wme Project Name (if applicable) Gutman Dredge Project Applicant 1: Fird Name Jeffrey MI Last Name Gutmann Applicant 2: First Name MI Last Name If additional applicants, please attach an addi8onai page(s) with names listed. Mailing Address PO Box 566 City Rodanthe State NC ZIP 27968 Country USA Phone No. 443 - 244 -1440 ext. FAX No. - - Street Address (if different from above) Clty State ZIP Email jwgutmannQyahoo.com 2. AgenVIContractor Information Business Name Atlantic Environmental Consultants, Llc AgenU Contractor 1: First Name Doug MI A Last Name Dorman Agent/ Contractor 2: First Name MI Last Name Mailing Address PC Box P.O. Box 3266 City Kitty Hawk State NC ZIP 27949 Phone No.1 252 - 599 - 2603 ext. Phone No. 2 ext. FAX No. Contractor • Street Address (if different from above) City State ZIP Email dougdaec@gmail.com <Form continues on back> RECEIVED 252806-2808 .. 1.888.4RCOAST .. ww w,nc.c oastalman agement.not DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for MAR i 4 2.022 Major Development Permit 3. Project Location e I V I f:--La County(can be multiple) Street Address State Rd.# ...._.._.. __..__ Dare Wellington Lane, Parcels:013236003, 013236004 Subdivision Name City State Zip - ---- ---- - — None Salvo NC 27972 - - Phone No. Lot No.(s) (if many, attach additional page with list) — - • ext. Al, A2, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pas uotank Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the doses( major water body to the proposed project site. ®Natural ❑Manmade []Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Dare County 4. Site Description , a. Total length of shoreline on the tract (8.) b. Size of entire tract (sq.ft.) 945 linear feel 88,800sf c. Sae of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 64,600sf, 24,200sf, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4' ❑NHW or NNWL e. Vegetation on tract Live Oak, Wax Myrtle, Red Cedar, Bay, Black Needle Rush, Salt Medow Cordgmss. f. Maomade features and uses now on tract Existing concrete boat ramp at end of canal, dock with platform and two boat slips and 12' x24' shed. g. Identify and describe the existing land uses adlacent to the proposed project site. The existing land use adjacent to the property are residential. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? S_1 (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It Involve a []Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVE® MAR 31 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmana goment.not CM-MHD- � - Form DCM MP-1 (Page 3 of 4) APPLICATION for HA6 1 li 7022 Major Development Permit m. (I) Are there wetlands on the s0e7 (-� I,�,, )"` I --- ` NYes ❑No (II) Are there coastal wetlands on the site? NYes []No (III) If yes to either (I) or (it) above, has a delineation been conducted? []Yes ONO (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. Public water supply p. Describe existing storm water management ortreatment systems. None. 5. Activities and Impacts a. Nhll the project be for commercial, public, or private use? ❑Commercial ❑PublldGovernmenl NPrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed boat ramp improvements and dredging of the canal will allow for continued water access to the Pamlico Sound. The existing canal has filled in and boat ramp is inaccessible during most conditions. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The dredging will take place from a barge and material will be placed in spoil disposal area located on the property. Equipment to Include excavator, badchoe, barge and small tractor. d. List all development activities you propose. 1. Dredge existing canal to a depth of -3.0' 2. Improvements to existing boat ramp. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 11,645 NSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes NNo ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. No existing or proposed discharges to waters of the state. I. Will wastewater or stonnwaler be discharged into a welland? ❑Yes ONO ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA j, Is there any mitigation proposed? []Yes ONO NNA If yes, attach a mitigation proposal. <Fonn continues on back> RECEIVED 252.803-2808 :: 1.888-4RCOAST :: www.nccoastalmanagom . o DCM-MHD CITY APPLICATION for Form DCM MP-1 (Page 4 of 4) vml 1 4 7021 Major Development Permit 6. Addidonallntbrmation Vi-P In addlion to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a)—.(n'are always applicable to any major development application. Please consult the application Instruction bookfet on how to propedyprepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed.. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Chad Harper Phone No. 252-560-5339 Address PO Box 134, Rodanlhe, NC 27968 Name John Walston Phone No. Address PO Box 178, Rodanthe, NC 27968 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Jeffrey Gutmann, General Permit No.78109, issued 05/18121 h. Signed consultant or agent authorization form, if applicable. t. Weiland delineation, if necessary. 1. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). If necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 02/25/22 Print Name _Doug Dorman, Consultant Signature pn� P®2m4.y" Please indicate application attachments pertaining to your proposed project. g RECEIVED ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts IRDCM MP-3 Upland Development ❑DCMMP-4Structures Information MAR 31 2022 DCM-MHD CITY 252.800-2808 :: 1.888-4RCOAST :: www.ncconstalmanagernent.nef Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) HAR 14 2.022 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) stabilization Length 350' 20' Width 15'-36' 10' Avg. Existing 2.25' 1.5 NA NA Depth Final Project 0' -3.0' NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubicyards. 325 cubic yards c. (1) Does the area to be excavated Include coastal wetlands/marsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB Owl- ®None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Located on site. See site plan. C. (I) Do you claim title to disposal area? Byes ONO ❑NA (II) If no, attach a letter granting permission from the owner. ❑This section not applicable b. Type of material to be excavated. Sand, slit it. High -ground excavation in cubic yards. ❑ This section not applicable b. Dimensions of disposal area. 75'x125' it. (I) Willa disposal area be available for future maintenance? ®Yes ❑No ❑NA (It) If yes, where? e. (1) Does the disposal area Include any coastal wetlandstmarsh f. (C", submerged aquatic vegetation (SAV), shell boffom (SIB), or other wetands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal In these areas: (1) Does the disposal Include any area in the water? ❑Yes ONO ❑NA (II) If yes, how much water area is affected? 252-808.2808 :: 1-088-4RCOAST :: www.nccoastalmonaeoment.net RECEIVED MAR 31 2022 DCM-MHD CITY revised: 12/26106 Form ®CM MP-3 (Cxcavatlon and Fill, Pago 2 of 2) 3. SHORELINE STABILIZATION OThis'sectlonvol applicable-- (If development is a wood groin, use MP4— Stmctures) _.. __.._. . a. Tvpa of shoreline stabilization: b. Lemith: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill_ Riprap_ BreakwaterlSill_ Other_ I. Source of fig material. I. (I) Has there been shoreline erosion during preceding 12.,._._.... months? ❑Yes []No ❑NA (It) If yes, state amount of erosion and source of erosion amount Information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed In coastal wellands/marsh (CWI. If yes, (ii) Amount of material to be placed in the water 0 (III) Dimensions of fill area (v) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fence to be installed around perimeter of fill area. c. (1) Will navigational aids be required as a result of the project? ❑Yes MIND ❑NA (11) If yes, explain what type and how they will be implemented. 03/14/22 Date Gutman Dredge Project Project Name submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV, _ ❑SB ❑WL ❑None (II) Describe the purpose of the fill in these areas: b. What type of constructs backhoe, or hydraulic c Backhoe, small tractor. d. (I) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (tl) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. Authorized agent - Doug Dorman 14AR j 4 2022 Applicant Name T%� Z; 2& xa4y )" �g Appgcent Signature I'�ECEIVED MAR 31 2022 ---------------------- --- 252-808.2808::1-888.4RCOAST:: www.necoastalmanagement.net/�--rovisod:-7212610 a- ---- Form DCM MP-3 UPLAND DEVELOPMENT FED 2 0 2022 (Construction and/or land disturbing activities) D Cr E V C Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. c. Density (give the number of residential units and the units per acre). 0 e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (I) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ®No ❑NA (IQ If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 1.3% I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 1.2% J. Describe proposed method of sewage disposal. None I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial effluent, "wash down' and residential discharges). Surface runoff b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 11,645 sf f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Gravel Driveway. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (I) Has a site development plan been submitted to the Division of Water Quality for review? []Yes ®No ❑NA (11) If yes, list the date submitted: k. Have the facilities described in Item (1) received state or local approval? []Yes []No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an Innovative stormwater design? []Yes []No ®NA If yes, attach appropriate documentation. RECEIVED MAR 3 12022 DCM-MHD CITY 252.008.28082 ::1-000.4RCOAST :: www.nccoastatma�ragemont,nrt revised: '12126106 Fobs ®CM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) N/A o. When was the lot(s) platted and recorded? June 30,1941 n. (1) Will water be impounded? []Yes ®No []NA (It) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be Installed for this upland development? ❑Yes []No ®NA Date Gutmann Dredge Project FED 2 0 2027 Project Name y^ Agent -Doug Dorman ,• ��, �-. �.•�, `� Applicant Name A plicant S,gdetGe RECEIVED MAR 3 12022 DCM-MHD CITY 252-800.2808 :: 1.880-4RCOAST :: www.nccoastalmanagemen9:.net revised: 12126106 DIVISION OF COASTAL MANAGEMENT - FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jeffrey Gutmann 2. LOCATION OF PROJECT SITE: 0 Wellington Lane (Parcels 013236004 &-.- - -- - 013236003), Salvo, Dare County; adjacent to -a canal/basin and PamlicoSond _ Latitude:35°32'37.78"N Longitude: 75°28'24-.93"W -- — 3. INVESTIGATION TYPE: CAMA & D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 05/11/21, 10/21/21 & 03/04/22 Was Applicant Present — Consultant — No/Yes/No 5. PROCESSING PROCEDURE: Application Received Complete - 03/14/22 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — S-1 Special (B) AEC(s) Involved: Coastal Shoreline (CS), Estuarine Waters (EW) & Public Trust Area (PTA) (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Shed & boat ramp Planned - Replacement boat ramp with gravel drive (G) Estimated Annual Rate of Erosion: N/A; Source — Site Visit 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A N/A N/A (B) EW/PTA 8710 sf 80 sf (boat N/A ramp enlargement) (C) CS N/A 780 sf (gravel) N/A (D) High ground N/A 1618 sf (gravel N/A & spoil site) e7CVCIvCU (E) Total Area Disturbed: 11,188 sf (0.26 acres) (F) Primary Nursery Area: No MAR 31 2022 (G) Water Classification: SA; HQW Open to Shellfishing - - DCM:�{�JHD-CITY' NZ.- 8. PROJECT SUMMARY: The applicant proposes to dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive -to -the -new- --.--- boat ramp. .... ,:, _.,......_.. .,....,.,w. Field Investigation Report: Jeffrey Gutmann Page 2 Proiect Setting Parcels 013236004 & 013236003 are located off Wellington Lane in Salvo, Dare County and are adjacent to a canal/basin and the Pamlico Sound. The two parcels total approximately 88,800 sf, and the elevation of the tract above normal water level (NWL) is 4 feet. The natural shoreline is unhardened, and totals 900± feet. No erosion was observed during site visits. The property is currently developed with a small storage shed, a docking facility consisting of a walkway to a pier with platforms and two boat slips (permitted through General Permit #78109), an existing 15'x8' concrete ramp, and a gravel driveway leading into the property from Wellington Lane. The parcels are vegetated with Live Oak, Wax Myrtle, Atlantic Cedar, Bayberry (Myrica pensylvanica), Black Needlerush (Juncus roemedanus), Big Cordgrass (Spartina cynosuroides), Smooth Cordgrass (Spartina alterniflora), Salt Meadow Cordgrass/Hay (Spartina Patens), Cat brier, and indigenous grasses. The riparian property to the north is developed with a Single -Family Residence and one tie piling in the Pamlico Sound. The riparian property to the south is currently an undeveloped lot. The water classifications for Pamlico Sound are SA and HWQ. The adjacent waterbody is designated as Coastal Waters and is in the Pasquotank River Basin. The water depths in the canal range from -1.8' to -2.6'. Traversing out of the opening of the canal to the existing slips, the depths range from -2.0' to -2.6', with a connecting depth of -3.0'. The immediate area is open to Shellfish taking; however, the canals and shoreline directly to the south are closed. No Submerged Aquatic Vegetation (SAV) was observed in the project area, but sparse to moderate SAV growth was sited and confirmed 50-80' west of the existing pier L- head platform. The project site consisted of a sandy bottom void of shellfish. Development Proposal The applicant proposes to replace an existing 15'x8' concrete ramp with a 20'xl 0' concrete ramp, for an increase of 80 sf. The proposed access to the boat ramp is a 146'x10' gravel driveway (316 sf in the 30' buffer, 464 sf in the remaining 75' AEC, and 680 sf on high ground). The proposed excavation of the basin and canal will be accomplished by an excavator on a barge. The areas to be excavated are 350'x15'-36'x'0.75' in the canal/basin, and 20'x10'x-1.5' for the replacement boat ramp. The total cubic yards to be excavated below NWL is 325'± cubic yards. The excavator will transfer the spoil material to a dump truck near the shoreline. The truck will then transfer the material to the 125'x75' (938 so retention area that is proposed outside of the 75' AEC. RECEIVED MAR 31 2022 DCM-MHD CITY Field Investigation Report: Jeffrey Gutmann Page 3 Anticipated Impacts The proposed dredging of the canal and open water will result in disturbance of 8,790 sf of shallow bottom habit in the EW/PTA Areas of Environmental Concern (AECs). The proposed gravel for the access driveway will result in 780 sf of fill in the CS AEC. The remaining gravel for the access driveway and spoil retention area will result in 1,618 sf of fill in the area of high ground outside of the CAMA AECs. Submitted by: Yvonne Carver Date: 03/28/22 RECEIVED MAR 31 2022 DCM-MHD CITY PROJECT NARRATIVE Jeffrey Gutmann CAMA Major Permit Parcels: 013236003, 013236004 February 25, 2022 Project Description: FED 2 0 2022 The subject properties are located on Wellington Lane in Salvo, Dare County, North Carolina adjacent to the Pamlico Sound. Jeffrey Gutmann is submitting a CAMA Major Permit Application to dredge an existing canal and modify an existing boat ramp. The existing canal has filled in over the years and under normal conditions the existing boat ramp and canal are difficult to navigate with the current water depths. There is an existing dock, platform and two boat slips at the end of the dock in the open waters of the Pamlico Sound. The proposed improvements will provide a more adequate boat ramp and safer docking within the canal once the dredging has been completed. The proposed improvements include the dredging of the existing canal to a water depth of -3.0'. The proposed dredge depth will match the existing water depth just offshore of the existing platform. The proposed dredge area was evaluated for the presence of Submerged Aquatic Vegetation (SAV) on 0812/21 by Doug Dorman of Atlantic Environmental Consultants, LLC and re -confirmed on 10/21/21 (Table 1 attachment). During both evaluation dates SAV growth was not present in the proposed dredge area. We did confirm moderate SAV growth, but this started approximately 60-80' west of the existing platform and proposed dredge area. The proposed improvements to the existing boat ramp include widening the concrete by 2 feet and extending it out into the canal another 5 feet for easier access to the canal. Existing Site Areas: Total property area................................................................ 88,800 sf 75' AEC area......................................................................... 60,195 sf Proposed Impervious Areas in 30' DCM Buffer: Gravel drive to boat ramp.......................................................... 316 at Posed Impervious Areas in 75' AEC: Gravel drive to boat ramp.......................................................... 780 sf Percent Impervious Area in 75' AEC: 780160,195 =1.3% Proposed Open Water impacts: Dredgearea........................................:................................ 8,630 sf Concrete boat ramp addition ..................................................... 80 sf RECEIVED MAR 31 2022 DCM-MHD CITY Gutmann Property Wellington Lane FED 2 0 2027 Salvo, Dare County, NC - 08/02/22 & 10/21/22 DUVa'-EC Table 1. Submersed Aguaitic Vegetation Sample Results Sample Point Bottom Type Water Depth SAV Density SAV Identification 1 Muddy Sand 2' Absent 2 Muddy Sand 1.8' Absent 3 Muddy Sand 1.8' Absent 4 Muddy Sand 2' Absent 5 Muddy Sand 2.5' Absent 6 Muddy Sand 2.6' Absent 7 Sand 2' Absent 8 Sand 2.2' Absent 9 Sand 2' Absent 10 Sand 3' Absent 11 Sand 3.2' Sparse Eelgrass 12 Sand 3.4' Mcderat/Dense Eelgrass RECEIVED MAR 31 2022 DCM-MHD CITY WATER DEPTHS TAKEN ON 10/21/21 - JEFFREY GUTMANN 0 WELLINGTON LANE, SALVO, DARE CO. (PARCELS 013236003 & 013236004) Owner potentially to apply for major permit to dredge basin to a 3' connecting depth Note: mucky bottom in basin, SW wind, approx. 4-6" above NWL Measurements starting_ at end of basin At boat ramp 1.2 At end of concrete 2.0 Continuing west 1.8 1.8 _ 2.0 2.0 2.4 2.6 2.6 -- — -- 2.0 2.0 2.2 At entrance of basin 2.8 2.8 2.8 At 1st mooring pile 3.0 Pamlico Sound 3.4 End of Pier, Right side 3.0 _ End of Pier, Left side 2.8 Going landward in right slip 2.6 2.0 Landing by end of pier/ lower ramp/platform 1.5 1.5 1.8 1.31 1.3 1.2 RECEIVED 1.2 1.8 AR-3-1 2022 1.3 vvw'-..... -- - PAL I, 0 Wellington Lane, Salvo, 0£ 1,0 Wellington Lane, Salvo, 0: I, 0 Wellington Lane, Salvo, 0: i, 0 Wellington Lane, Salvo, Oi I, 0 Wellington Lane, Salvo, 03 I, 0 Wellington Lane, Salvo, 0' i, 0 Wellington Lane, Salvo, 0: I, 0 Wellington Lane, Salvo, 0° 1, 0 Wellington Lane, Salvo, 0' , 0 Wellington Lane, Salvo, 03 m, yy 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 i I� �i IWK 1 ICI 6f r."!' 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 • _ w �t f g g 14E,q g�On g g 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, I on ane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 Affik;4 � rl 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo, 03 , 0 Wellington Lane, Salvo.. o3 rr 0 Welrington Lane, Salvo, 03 0 Wellington Lane, Salvo, 03 RECEIVED MAR 312022 DCM-MHD CITY .L �I �[y 0 sw nanj, 0 Wellington Lane, Salv( nanj, 0 Wellington Lane, Salv( nanj, 0 Wellington Lane, Salv( nanj, 0 Wellington Lane. Salve nanj. C Wellington Lane, Sa ve EMI t� i Cya t nanj, 0 Wellington Lane, Salv( nanj, 0 Wellington Lane, Salv( nanj, 0 Wellington Lane, Salv( nanj, 0 Wellington Lane, Salv( ianj, 0 Wellington Lane, Salvo i ianj, 0 Wellington Lane, Salvo ianj, 0 Wellington Lane, Salvo ianj, 0 Wellington Lane, Salvo ianj, 0 Wellington Lane, Salvo ianj, 0 Wellington Lane, Salvo za ianj, 0 Wellington Lane, Salvo ianj, 0 Wellington Lane, Salvo ianj, 0 Wellington Lane, Salvo ianj, 0 Wellington Lane, Salvo ianj, 0 Wellington Lane, Salvo RECEIVED t;,A� 12022 DCM-MHD CITY AMA y U DREDGE • FILL (p, B C O -- —_— NERAL PERMIT Prev(ouspermlt# ModiRcadoo :-CompleteRelssue -Partial Reissue Date piWouspemtitIssued As authorized bytheState of North Carcana, Oepuvncncof 6mvbon mtental Quality V# / 0/,C> 5 and the Coastal Resaorces CQmn*sion in an area of environmental concern purmant to I SA NCAC ... _.___..JWPIIcantNamo �C.+r1'.�I'r _ ..u: _L a2/1 -._-- Project Location: County- __. Address__P,p._a.�gJC S(p(o --. Street Addrev/State P=d/Lot #(s).-(.9+..4,I_ Phone # IYyA.1y,.t.aY�-�yy� E•Mail --. _ ._ -- Suhdhrislon ..--•—_.--... _ ..- _--.. _ AuthorizedAgnt_AX'-LA_%.AiLL.....�'lo�A rte_ ._...._ city-sajii?---. ---- _.._ ZIP_1- Z .... Attracted KCW fiW PTA p(ES KE" Phone# (�-)--•_--.---• River Basin�ef ao+nk [eFA :'HHF _ 111 _1UBA UWA AEC(s): 1 Ad). Wtr. BodY� 4 n a S_._— m nuaa LgMu) t : rws: I� n ��"e C1 ORW: yea PG) PNA Y �v � Closest Ma). Wv.Rody..__l�a.. si ---- -• p1 Fhgerpie) '1-L- is -v �t+c Gro h kladm ay ailed aaN aP+aP ientttm-..�-- avadtrarce cRdmore ��. nmaa dhulto alkhora >7, Bath chrnd �m _ ... gQ 9 Beat ramp..._. ...—._ Bmthoumd Btadirt_ _ ►p�arrd •�! � ri a. P! n n. n i i i Beach Other a t ak J. �}� /- I 9welnatendt .. lP Aim ,{ is -A" SAV: rate® me C /r ,••t t cur-.. Nbruahnm: Nato: a s yam- j watrerAeached: yaa O 5 ei S t V /r., d '�•, n i. i A bulWft permit may be required by: exxt - Car., ( Note local NarWng)trisdictim)Im � +i �` Noted Special Conditions Art, N G o re n lu Aar Appiket Printed ..___-_... ----•-mean deomp(h �gair -------- 40-kit6npae(t) Check# fc 0 rr_ i L_ See note on back regarding River Basin mks do, Aa- P Yk0(Ilwrs PrieedName �/r c 12.1 Sig t re IssWngDate OwirmVilogn MAR 312922 DCM-MHD CITY AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Property Legal Description: DEED BOOK: 1899 PAGE NO: 0322 PIN NO's.: 064720818591 PROPERTY STREET ADRESS: 0 Wellinpton Lane, Salvo, NC 27972 Please Print: Property Owner: Jeffrey Gutmann Property Owner: The undersigned property owners of the above noted property, so hereby authorize Doug Dorman of Atlantic Environmental Consultants. LLC to, (Contractor/Agent) (Name of consulting firm) 1. Act on my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (Dare County, North Carolina Department of Environmental Quality, U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or certifications. Property Owners Address (if different than property above): _PO Box 566, Rodanthe, NC 27968 Property Owners Telephone Number: 443-244-1440 We hereby certify that the above information submitted in this application is true and accurate to the best 9f our knowledge. lCttlforized Signature and Title Authorized Signature and Title Date: Date: RECENED MAR 312022 DCM-MHD CITY N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY f ED 2.0 2022 (Top portion to be completed by owner or their agent) Name of Property Owner: Jeffrey Gutmann Address of Property: 0 Wellington Lane, Salvo, NC 27972 Mailing Address of Owner: PO Box 566, Rodanthe, NC 27968 Owner's email: jwgutmann@yahoo.com Agent's Name: Doug Dorman Agent's Email: dougdaec@gmail.com Owner's Phone#: 443-244-1440 Agent Phone#: 252-599-2603 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom Portion to be completed by the Adjacent Property Ownsrl I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing. with dimensions. must be Provided with this letter. $O NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) In writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste, 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264.3901. No response is considered the same as no objection if you have been notified by Certified Mall. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must elan the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner Eta I do not wish to waive the 15' setback requirement (initial the blank) RECEIVED .h Signature of Adjacent Riparian Property Owner: �i M O.r/1,.1 MAR 312022 Typed/Printed name of ARPO: Chad Harper T CM_MHD CITY Mailing Address of ARPO: PO Box 134, Rodanthe, NC 27968 ARPO's email: chadharper9l@gmail.com ARPO's Phone#: 255-560-5339 Date: 01/18/22 *waiver is valid for up to one year from ARPO's Signature* Revised July 2021 SIC ENVIRONMENTAL CONSULTANTS, LLC x 66, Kitty Hawk, NC 27949 32 CERTIFIED MAIL RETURN RECEIPT REQUESTED January 18, 2022 John Walston PO Box 178 Rodanthe, NC 27968 Dear Mr. Walston, RECEIVED MAR S 1 2322 DCM-MHD CITY This notification letter is in reference to Jeffrey Gutmann's plans to dredge the existing canal and do improvements to an existing boat ramp. The project is located on Wellington Lane in Salvo, Dare County, North Carolina. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. The attached drawings, applications, and project narrative show in detail the proposed improvements. Please review the attached drawing and should you have any objections or comments concerning this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264- 3901 within 30 days of your receipt of this notice. Such Comments will be considered by the Department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at douL�tcjaec a a,mail.com. Sincerely, ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on Wili reverse At so that we can return the card to X ❑ Ac Doug` ■Attach this Gerd to the back of the. mailplece, 6• ReS»fv by (Pdnred Name) C. Data of Atlantic Enviromnental Consultant or on the front If space permits. 1. Anble Adtlressetl to: D. Is delivery address different from t 11 ❑ Ye If YES, enter delivery address below: ❑ Nr Po Svfi / 7A s I�oD�T1tr, .✓� ,�• ��� 2 8 2022 3 Service Type O Priority Mall F�q IN1111111111111111111111111 11 Adult ❑AautS�nature�a0aCecDamry,'OaIslew d&adMai Cell: (252) 599-2603 Office EEerotSignat ® o Bury 9590 9402 6361 0296 8& y 4 06 ❑ Cedmed Mall Retdated Delivery ❑signature coM ❑ Collect on Delivery ❑ signature Cord 2. Article Number (rrensfB from, serv/CB /aI--.80 ❑ Collect an Delivery Restricted Delivery Reamcted Delh 7020 3160 O17171 2523 5139 -1 Insured Mail ) Insured Mail Restricted Delivery lover $5oe) YS hnrm :Shc l..Ldv 9Mnomi.�,... ...� 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 IgZals@thecoastiandtimes.com FROM: Ella Godfrey DATE: March 31, 2022 SUBJECT: Public Notice: Jeffrey Gutmann Please publish the attached Notice in the Sunday, April 3, 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 MAR 31 2022 DCM-MHD CITY North Carolina Department of Environmental Quallty I Division of Coastal Management _E > Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 252.264.3901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 03/14/22. Jeffrey Gutmann. is proposing to dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp, located at Parcels 013236004 & 013236003, Wellington Lane, Salvo, 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 04/23/22, 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: Sunday, April 3, 2022 RECEIVED MAR 31 2022 DCM-MHD CITY No, Carolina Department of Environmental Quality i Division of Coastal Management «s _E Elizabeth City Office 1401 South Griffin Street. Suite 700 1 Elizabeth City. North Carolina 27409 r V 252.2631901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director March 31, 2022 Jeffrey Gutmann P.O. Box 566 Rodanthe, NC 27968 Dear Mr. Gutmann: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval to dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp, located at Parcels 013236004 & 013236003, Wellington Lane, Salvo in Dare County. It was received complete March 14, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 28, 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 March 14, 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 MAR 31 2022 DCM-MHD CITY D Not I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Sulte 300 1 Elizabeth City, North Carolina 27909 ,./ ao *•^�•��^^n^=Mv a�+� / 252.264.3901 Jeffrey Gutmann March 31, 2022 Page 2of2 along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Yvonne Carver, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, _ Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management .. v Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Yvonne Carver, Field Representative, DCM Doug Dorman, Atlantic Environmental Consultants, LLC., Kitty Hawk, NC RECEIVED MAR 31 2022 DCM-MHD CITY AMA PERM 0 1`11 I TSW APPLIED FOR PROJECT: Dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp. COMMENTS ACCEPTED THROUGH April 23, 2022 APPLICANT. FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW. Jeffrey Gutmann Yvonne Carver P.O. Box 566 401 S. Griffin Street, Suite 300 Rodanthe, NC 27968 Elizabeth City, NC 27909 443-244-1440 252-264-3901, ext. 237 8: 1899 P: 322 Doe Id: 6311681 06105/2012 12: 09 pm Doe Code DEED Receipt 1 12-7145 VanZol:a McMurran-5-1ti, Rea:ater nDO o(e C ADeetla Cile raDer$0 NC c collector Ce+'.i on That No Delinquent Taxes aQ Due. Date L t By 1IA—iA kF Certification exyii Jan. 61h of the year 101owing certif:cn +n� n f'-1. \"Y"' EXE PT ARE CO NTY TAX O�L TOR � NO. ``66 <16ORTH Excise Tax: 0( A FLO 2 8 2C22 k ` RECEIVED f MAR 31 2022 DCM-MHD CITY CAROLINA GENERAL WARRANTY DEED Parcel Identifrcatib"o. 012501-W, 014837.000, 012554-000, 012554-001, 012554-002, 013236-002, 0132364103, 01323"M, Verified by County on the . day of _2012 Mail/Box to: Grantee This instrument was prepared Christopher L. Seawell No Title Search Performed Brief description for the Index: `wariouc Parcels. Kitmakeet Township c — Delinquent taxes, if any, to be pa the closing attorney to the County Tax Collector upon disbursement of closing proceeds. `` `` ,.J THIS DEED made this day of_Feb ry, 2012, by and between: GRANTOR GRANTEE WANDA J. GUTMANN, unmarried 2400 Flagmarsh Road Mount Airy, MD 21771 d O JEFFREY W. GUTMANN, a one- half undivided interest P. O. Box 566 ✓�XSalvo, NC 27968 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assj�ps, and shall include singular, plural, masculine, feminine or neuteOasrequired by context. WITNESSETH, that the Grantor, for a valuable coQjAeration paid by the Grantee, the receipt of which is hereby acknowledftd, has and by these presents does grant, bargain, sell and convey untD,the Grantee in fee simple, all that certain lot or parcel of land 9 ttA;ated in Kinnakeet 6331681 6: 1899 P: 322 Page 1 of 3 5/5/12 12:09 PM r 1 Elli ht�'iPC��1.�14ih.h�4�411�1��h11WrJ�141A1;�ti�if�,IN�il�llll � 0 Ffg 2. 0 2C22 Township, Dare County, North Carolina and more particularly described as follows:3C;f�r ^� O See Exhibit "A" V\%X,$- e property hereinabove described was acquired by Grantor by �`cifSs rument recorded in Book 1183, Page 194, Book 2327, Page 316, Book V, Page 250, and Book 1360, Page 6, Dare County Registry, A �� �showing the above described property is recorded in Map Book 4, Page`C24, Map Book 9, Page 76, Plat Cabinet H, Slide 160, Plat Cabinet C, Slide,198E, Dare County Registry. This prc&rty does not include the primary residence of the Grantor. TO HAVE TO HOLD the aforesaid lot or parcel of land and all privileges �d appurtenances thereto belonging to the Grantee in fee simple. 0 And the Grantx covenants with the Grantee, that Grantor is seized of the premises iti fee simple, has the right to convey the same in fee simple, and that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful yyp4 aims of all persons whomsoever, other than the following exceptiond.% Easements and restraions appearing of record, and all zoning ordinances and other laNt'Dregulations applicable thereto. IN WITNESS WHEREOF �Che Grantor has duly executed the foregoing as of the day and year fir Oabove written. ., C�� ✓tJ vices (SEAL) Wanda J. Gutmann 10 RECENhu � /� ,,/ MAR 312022 STATE OF �' �C2 Li. COUNTY/CITY O�'j ®CM_MHp CITY I, the undersigned Notary Public of tli County and State aforesaid, certify that Wanda J. Gutmann, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and Notarial stamp or seap, this the 7 4 day 2012 (NOTARY STAMP/SEAL) '!Notary Pu lic )• My commission expires; SUSAN L. AUDREAU :J "f X ' NOTAR PUBl�NTY LIC CA MARYLAdO MYCOMMISSIONEXPIHHHHLLLLSAU0.202019 of 61,1168, 8: 1899 p: 322 page 3 of 3 6/9/12 12:09 Pin ,._ •••`� iIll raw"11511ap14im Aw MA Why.111l 11111 6- f[U 2 0 2C22 Y� EXHIBIT "A" C_k�•', • p, ,_ �, PAR ONE: All thcP ertain lot of land or parcel of land lying and being near the Village of Rodanthe. KennekTownship, Dare County, North Carolina, and known and designated as and being Lot 11, of the division known as East Point Reef, as shown and delineated on a map or plat of said subdivision rentitled "East Point Reef, North Rodanthe, Kennekeet Township, Dare County, North Carolina" pre ed by Kermit R. Sinclair, Registered Surveyor, and duly recorded in Map Book 4, Page 24, in fh fice of the Register of Deeds of Dare County, North Carolina, reference to which is hereby made f more particular description thereof. PARCEL TWO: Lot No. 6, Section 1, ofl subdivision known as "Askin's Creek, as shown on a map or plat thereof made by Triangle Engi ering-Architecture-Planning, Inc., dated January 17, 1977, and duly recorded in Map Book 9, Page 76, Public Registry of Dare County, North Carolina. PARCEL THREE: Cl All that certain lot or parcel oDand, lying and being between the Villages of Waves and Rodanthe, Kinakeet Township, Dar4`County, North Carolina, and more particularly described as follows: X-10 BEGINNING at an iron pin or other m�(Tjcer located in the East margin or right-of-way of N. C. Highway 12, said road having a right of �;W of 60 feet of this point, said point of beginning being also located in the North line of property r.O,v or formerly owned by Norman J. Gray et ux: thence along the East margin or right-of-way of property. N. C. Highway 12 North 12 deg. 30 min. 00 sec. East 100.01 feet to an iron pin or other marker located in the South line of property now or formerly owned by Jazonia Herbert O'Neal; tt6ce along the South line of the aforesaid O'Neal property South 83 deg. 07 min. 00 sec. East 1`76.44 feet to a point located in the West line of property of the U. S. Department of Interior; the(Ne along the West line of the aforesaid U. S. Department of Interior Property South 1 deg. 39 mi 47 sec. West 99.95 feet to a point located in the North line of the aforesaid Gray property; then along the North line of the aforesaid Gray property North 83 deg.07 min. 00 sec. West 1,759.33 fekVO THE POINT AND PLACE OF BEGINNING. This being that certain properly described and delineatttdton that plat entitled "Survey for Jeffrey W. Gutmann Wanda J. Gutmann", dated March 26, 2002, prepared by Freddy D. Rankin, Registered Surveyor, which map or plat is incorporated herein by reference. PARCELFOUR: Parcel A as shown on that certain plat or map entitled "Division Of�in�,Lands of William W. Hooper, Kennekeet Township, Dare County, North Carolina" prepared by l avy�Meekins Surveying, dated October 21, 1994, and recorded in Plat Cabinet C, Slide 198E. Dare Cdu�1y Public Registry. �• FIECEIVED MAR 312022 0 U)CM-MHE) CITY RECEIVED MAR 31 zaz DDM.MHD CITY RECENED MAR 312022 DCM-MHD CITY ROY COOPER Gonroo. ELIZABETH S. BISER Secretary BRAXTON DAVIS Director March 31, 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) ivirgee.h odna r-O ncdc nr.eov SUBJECT: CAMA/Dredge & Fill Review Applicant: Jeffrey Gutmann Project Location: Parcels 013236004 & 013236003, 0 Wellington Lane, Dare County. Proposed Project: Dredge an existing canal and basin, replace an existing boat ramp, and extend an existing gravel drive to the new boat ramp. 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 April 21, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE RECEIVED MAR 3 12022 DCM-MHD CITY �n, ..ar D 9 QJ 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 252.264.3901 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Jeffrey Gutmann Distribution Date: 3/31/2022 AGENCY ECRO Community Development/LPO Noah Gilliam DCM Planner Charlan Owens ElizCity USCOE: Josh Pelletier Community Assistance Lee Padritk (Beaufort Carteret Craven, ElizCity, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Of Whitfield Marine Fisheries James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Mike Moser State Property Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Samir Dumpor Storm water - RogerThorpe DWR 401- Chris Pullinger WRC Maria Dunn (WARO) National Heritage Program Rodney Butler RECEIVED MAR 3 1 2022 DCM-MHD CITY Revised: 6/29/2018 "'This is a word processing form to he completed In Microsoft Word' NC Division of Coastal Management Major Permit Application Computer Sheet (111012012) Applicant. Jeffrey Gutmann Date: 03/3122 Project Site County Dare Staff., Yvonne Carver District. ®Elizabeth City []Washington ❑Morehead City []Wilmington Project Name: Lot., Long: Date of initial application submittal (EX: 1/82007): 012522 Date application "received as complete" in the Field office (EX.., 1/82007): 0311422 Permit Authorization: ❑CAMA ❑Dredge 8 Fill ®Both SITE DESCRIPTION/PERMIT INFORMATION PNA: El Yes ®No Photos Taken: Yes® No❑ Setback Required (riparian): El Yes ®No Critical Habitat: ❑Yes ®No ❑Not Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned: []Yes ®No SAV:®Yes❑No ❑Not Sure Shell Bottom: ❑Yes ®No []NotSure Temporary Impacts: ®Yes❑No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from countyLUP: ®Yes [-]No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: ❑Yes ❑No ®NA Environmental Assessment Done: []Yes ®No ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ® High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORM WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) 0 (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 n III(A) Private w/D&F up to 1 acre; 3490 ❑ Iii(D) Priv. public orcomm w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 ❑ 111(B) Public or commercial w/D8F to 1 El Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - ❑ it. Public or commercial/no dredge RECEIVED $100 and/or(11- $400 ❑ t Private no dredge and/or fill - $250 ❑ lll(C) Pdv. public orcomm w /D&F to 1 MAR acre; 3490 can be applied; DCM needs 31 2022 DWQ agreement - $400 252.808-2808 :: 1.888.4RCOAST o: www,nccoastaltmanagement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Jeffrey Gutmann Date: 03/3122 Descnbe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number ChDoroese ChDo Dimension 1 Dimension 2 Dimension 3 Dimension 4 ese Boat Ramp I New work M Replace 20 10 Maint ❑ M Y ❑ N EXCQVali0i7 / New Wo& M Replace 20 10 1.5 (dr ed e) Maint ❑ ❑ Y M N Excavation I New Work Replace j50 25.$ %5 (dred o Maint ❑ ❑ Y M N Fill (gravel I New Work 9 Replace 146 10 1 road) Maint ❑ ❑ Y M N Spoil / NewWorkM Replace 125 75 Maint ❑ ❑ Y M N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Wonc❑ Replace Maint ❑ ❑ Y ❑ N New Work EF Replace Maint ❑ ❑ Y ❑ N New Wodc❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N NewWodc❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Mainf ❑ ❑ Y ❑ N New Work❑ Replace Mainf ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N - NewWork❑ Replace Maint ❑ ❑ Y ❑ N WCENED New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace MAR 3 Maint ❑ ❑ Y ❑ N HD ciiv revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Jeffrey Gutmann Date: 03/31/22 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp, impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount SB Dredge ® Fill ❑ Both ❑ Other ❑ 8790 8790 Non -oceanfront beach (CS) Dredge ❑ Fill ® Both ❑ Other ❑ 780 780 High Ground Dredge ❑ Fill ® Both ❑ Other ❑ 1618 1618 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAR 31 2022 DCM-MHD CITY 252.808.2808 :: 1.888-4RCOAST :: www. nccoasta I nian anem_ent. not revised: Nov. 2012 MAJOR PERMIT FEE MATRIX A licant: Jeffrev Gutmann Selection DevelopmqTypeFee DCM % (1430016014351000931625 6253) I. Private, non -development t 100% ($250) involve the filling or excavation of any wetlands Mq4l) or o an water areas: Il. Public or commercial development that does not $400 100% ($400) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4175 (See attached) can be applied: Public or commercial ❑ development, if General - $400 100% ($400) 0% ($0) Water Quality Certification No. 4175 (See attached) can be applied: lll(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached) could RECEIVED be applied, but DCM staff determined that additional review and written DWQ MAR 312022 concurrence is needed because of concerns related to water quality or DCM-MHD CITY aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached) cannot be a lied: IV. For development that ❑ involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: Cashier's Official Receipt Ibbb" 13 U U Received From: T�_�Q /f �i �n V !a /f/►t zn �d%3. Permit No.: > ` r Applicant's Name: e • '^ Project Date: L- 202� r Check No.: S County: ( cix - Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: C Date: Date: f RECEIVED MAR 312022 DCM-MHD CITY A, CHAR NHARPER I t L t 1 A, A 1 AL N @"J a � MAR 14 2W P ,1�''�c �' "` ^ SITE 601- I A, A, AL 1 t 1 , i i I L �I 4 i l>7X>f6R i t LEGEND: gp �p� <\ • - SAV SAMPLE LOCATIONS (ONE SOUARE METER) UFF86 I 8m. 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