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141-15 Jones, Carolyn
'1 =4 Permit Class NEW Permit Number 141-15 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Carolyn Jones, PO Box 811, Ocracoke, NC 27960 Authorizing development in Hyde County at adj. to Silver Lake off Pamlico Sound, off SR 1328 at the terminus of Silver Lake Rd., in Ocracoke Village, as requested in the permittee's application dated 1016115 including attached workplan drawings (2) 1-2 of 2 dated 10/12/15. This permit, issued on December 17, 2015 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may De subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization — Sill & Bulkhead 1) The alignment of the permitted sill and bulkhead shall be staked by the applicant and inspected by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -verified by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The sill material shall consist of clean rock or masonry materials such as, but not limited to, granite, l, or broken concrete. It shall be of a size sufficient to prevent its movement from the site by wave or'current action. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Carolyn Jones Permit No.141-15' Page 2 of 3 ADDITIONAL CONDITIONS 3) The height of the permitted sill shall not exceed twenty four (24) inches above the normal water level. 4) Sills shall be marked at 50 foot intervals with reflectors extending at least three feet above normal water level. 5) The sill backfill material shall be approved by a representative of the Division of Coastal Management prior to placement landward of the sill. 6) The permittee shall maintain the sill in good condition and in conformance with the terms and conditions of this permit or the remaining sill structures shall be removed within 90 days of notification from the Division of Coastal Management. 7) The bulkhead shall be constructed prior to any backfilling activities. 8) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 9) . The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel 10) No excavation, or other land disturbing activities, is permitted landward of the normal water line except for that which maybe "required for the construction of the bulkhead wall. This permit does not authorize any excavation waterward of the approved alignment. 11) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 12) All backfill material shall be clean and free of any pollutants except in trace quantities. 13) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized forthe areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 14) The temporary placement or double handling of riprap materials within water or vegetated wetlands is not authorized unless placed in a steel or metal box container supported by construction mats. 15) No excavation of shallow water bottom or any Coastal Wetlands is authorized by this permit. Sedimentation and Erosion Control 16) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 17) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. PL Cat'olyn Jones Permit No. 141-15 Page 3 of 3 ADDITIONAL CONDITIONS General 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation of any phase of this project. 19) 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. 20) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 21) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 198000291 and assigned SAW 201502399, which was issued 12/17/15. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 15-1186. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. LAMA Major Application Project Narrative Carolyn U. Jones D.V.M. re: Jones Fish House shoreline restoration This property is located directly across Silver Lake from the ferry docks. It has approx. 160' of soft shoreline. The only structure is the old Sam Jones fish house over the water. I have no plans to build a new structure. The property has never been hardened, yet has held its own and has even gained sand up until June 2015. During the prior year we noticed underwater sand loss around the fish house and its piers. We can now dock boats on the shore side of the fish house, whereas, in the past, it was always too shallow. When a ferry enters the harbor, a "tsunami" occurs. The water recedes, exposing the seabed, then in come rolling waves of 1' to 2'. This cycle repeats a couple times with each ferry arrival. Steve Trowell and Kelly Spivey of LAMA witnessed this event on 9/30/15. Mr. Trowell and Jonathan Howell of LAMA witnessed this event on 9115115. With this summer's increased ferry schedule, the "tsunamis" occurred nine times a day. This property has lost approximately twenty feet of shoreline and two feet of vertical elevation since June of 2015. There are two erosion cliffs. Marsh grass roots, peat, and very old rip-rap(WWII?) are now exposed. Grasses once visibly on dry land are out in the water. The rate of erosion is extremely rapid, in fact you can see it happening before your eyes. Tufts of grass floating off, ferry wash carving thru the driveway, carrying off sand and rip -rap which lay buried for half a century. The ferry overwash now cuts through the driveway, which becomes a canal, and then covers about 50 feet of the adjacent state road, Silver Lake Drive. The amount of ferry overwash is related to: the size of the ferry, how heavily loaded the ferry is, how fast the ferry is going, and the wind and tide. It became apparent over the weekend of Sept 26'", 2015 that the property can no longer withstand the northeast winds which we commonly get in the winter. The rate of erosion has increased to the point where it does not seem that the property can withstand the continued erosion while I wait the 75-100 days for LAMA approval. The property is designated, according to a 1998 survey as one third 404 wetlands (6,724 sq ft) and two thirds uplands (13,467 sq ft). My plan (see attached LAMA Major application drawing), is to place a rock sill, 12' wide x 114' long from Herman Gaskins bulkhead to the pier on my property. The sill will join the bulkhead on Gaskins to prevent the surge from ferries entering Silver Lake, and their prop wash, from working through an opening on this end. The sill will have a height of 3' from the bottom of Silver Lake which should allow for a sill that is 1.5' to 2' above the normal water level. This is necessary to prevent the ferry surge from over topping the sill. The center line of the sill will be approximately 24' waterward of the normal water level at its farthest point offshore. RECEIVED Sill construction methodology: The rock will be stored at the driveway entrance on the property. The rock will be moved in individual buckets with a bobcat track NOV 13 2015 DCM- MHD CITY machine and dumped in a steel spoil containment box to minimize disturbance of the ground. The rock will then be dug from the containment box with a long reach excavator on crane mats and placed on the sill. After the sill is complete, sand will be dumped on the driveway, scooped with a track bobcat, and then dumped to backfill behind the sill to provide the proper elevation to plant marsh. The backfill will grade from 1.5' above sea level on the west end next to Gaskins property to -0.5' below sea level. High marsh species, Juncus roemerianus and Spartina patens will be planted from 1.5' down to 1.0' above sea level. J. roemerianus planting will continue transitioning to Spartina alterniflora to the I0' wide opening ending at an elevation of 0.5'. A surveyor will be employed to stake out the grading plan. These planting elevations are the same as those used at the nearby NCCAT facility. My plan also includes a vertical bulkhead from the fish house pier to the right border (Monroe Gaskill), where there are no wetlands. This will protect the shoreline and allow water to nourish the replenishment area behind the sill as there will be over ten feet separating it from the sill. This side will also require sand fill. I hope that the NC Division of Coastal Management will see fit to approve my application because: 1) The cause of the erosion is clearly the ferry overwash exacerbated by the increased ferry traffic. It is man-made, not natural erosion. 2) 404 wetlands are being lost. 3) 20' x 160' or more of property has been lost. 4) The state road (Silver Lake Drive) is threatened. 5) The fish house property has environmental, cultural, historical, community, and commercial value. 6) The property owner (myself) has in no way caused or exacerbated this erosion. RECEIVED NOV 13 2015 DCM- MHD CITY DGRM Elm enwt ❑mrr cored' 9 mvw1 Mouth CatroHna MVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner lnforanadon Business Name Project Name (if aoolicable) - f0heS �"jyt�dL5c �6dref,n6 Lest Name ii-I e's Pes+ff -Aig-" Applicant 1: First Name � 42 r 0 t Y% MI Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City Staple %il j, C)cr-4(of11 3 ZIP Country Phone No. prow.8 FAX No. � 7ej � l>Sp3 252- 128- Z616 exc Street Address (of different from above) 310 S* Ive r Z�i�� Dr,OCrsfdce c State I PC: ZIP 2-7q bO Email CLAt-SLAIC,`ovteS �daO�,cohl v 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address Po Box City Sate ZIP Phone No.1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (rf dfierent from above) Ciry State 7 , CE I V EC Email NOV 13 2015 eFofm continues on backs DCM- MHD CITY caro le, a). 56,eJ D v. M, Form DCM MP-1 (Page 2 of 4) WPPLICpTOW for Major Development Permit 3. Project Location County (can be multiple) 4e 1 Street Address 9 S 5 5:Ivr-e- L,,6 4Drr State Rd. # l 3 2'9 Subdivision Name A,� y City c I,� ld'L J`S St �teC P °' ZZp 7 q 6 Phone No. 9sa �.7- - Lot No.(s) (if many, attach additional page with list) MIA 25Z-g1$-3.E166- , a. In which NC river basin Is the y�project located? b. Name ryryppof body of water nearest to proposed project ,q/ c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water bogy to the proposed project site. Natural ❑Manmade ❑Unknown U gh,i"C6 'sGti o%& e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes No work falls within. Ocr&LCs�Kc- Vd��4 4. Site Description a. Total length of shoreline on the tract (ft.) 16 I ;+ .�1_ b. Size of entire tract (sq.ft.) '20il M -P+2- c. Size of individual lots) VIA d. Approximate elevation of tract above NHW (normal high water) or NWL (normal waterlevel) $ i (Umany lot sizes, please attach additional page with a list) ❑NHW or WfNWL e. Vegetatiaion on trecj,(,� rea cejkizr g w Cax Y)N 6'nt e-) 5=Q JT iC6.`Y.. &,r- 6"skj ..B Vic. l� Ly,z 95 d rE:�— f. Man-pmade featuresanduses now on tract �,y, �y �,.� Pt Y--) Y4tl� t'S WOK. f+g4,1� tv6.0 69-3� `�` 6'C'-('- @AY GVb'°+V ( 9�i1��0'��.P-CO g. Identify and dB�$j cribs the existing land uses adiacent to the proposed project site. cribs r -- p QkI Sock vile- Lsq v4 -Gor Pall b~s rateAr-a-Ll W/ pier h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? IVIA (Attach zoning compliance certificate, if applicable) ❑Yes []NO P(INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes )ANo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ONo ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes .2*0 National Register listed or eligible properq/.r <Forrma conthues ®n went page ..-1 i v LV,J DCM- MHD CITY cAr.��" 0. 5 DIV, A, Form DCM MP-1 (Page 3 of 4) APPLICATOOM for Major Development Permit m. (i) Are there wetlands on the site? Pas []No (ii) Are there coastal wetlands on the site? 'Ryes ❑No (ill) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes'Vo (Attach documentation, if available) •- n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. �pp f�069� p. Describe existing stone water management or treatment systems./ d G S. AcUvities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment )MPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. 5i bi�iZ� 59ove 219 �c�' .��S e e Cost WC-XI4-JL5 pro�aBeai�:n ccst`.u�a�s�a=:�a$ �65bo;•a� ���Qo=,.$ ova Per✓!' a� 6vlkk S de- ovcl�, c. Describe the proposed construction methodology, "of construction equipment to be used dunn conshucgon, the number of each type of equipment and where it is to be stored. b R r eaL k -*'X Csa - I ^ &}S 4� f t 6 Le— f`ir vWv + S44 all. Cr bi>� }ire 6,bC4 - Ta spm" -q'%11 4-4 to pwaw� re �w(v�v '� -a'�.� �jC CA V•:tor' Rork box Gh (,,c+5 -to co6°+aoh i d'a+ r7C.�'G i lac n V�rr%i'la O nT.r� e.C. d. List all de elopment acbvilies you propose. g1 Yhctva11 5:(i Ce�ws��c:e{titrn * ��tFsdaace31 e. Are the proposed activities maintenance of an existing project, ew work, r both? .5heabl f. What is the approximate total disturbed land area resultingfrom the proposed project? .R or DAMS (f88) f-+ *ve-tI�Q� -W, hs. Yiei$Ge 4YXr �` vo,:' i YAUkW 690 .FF? + ro 54l( 1136S C g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes MNO []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVED NOV 13 2015 i. Will wastewater or stormwater be discharged into a wetland? ❑yes fRD If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ,*A j. Is there any mitigation proposed? []Yes-: No ❑NA If yes, attach a mitigation proposal. <Goirm oonfinue5 on back> U A �7 tt!!1p 9'c l��n l.%e JewcBS N.IC,IW, Form DCM MP-1 (Page 4 of 4) APPLICKTION for Major Development Permit 6. Additional information in addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims tide to the affected propefies. 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 m o n roQ- Grei g t, W Phone No. AddressOil, �52.- �•12$^ y�sj Pc G�GX Oi 3 Name He.r l,- a G-,zs l-e rug , Phone No. 252- 362- (j d0 Address Zit'} tG W a.-FBd' St� W �. s t+' ...act-. , NG z`'7 r6$ 9 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrnittee, and issuing dates. 'V/A h. Signed consultant or agent authorization form, if applicable. /V 1A 2C 15 I. Wetland delineation, if necessary. „ r,, r j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) I/ l AVc 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. jy 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application win allow only me oevetopmem cesunueu in arc arr p• 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 ofMknowledge. Date (° / b 1 Print Name C a rc i-N, U, J 011G5 D. V. N1, Signature (Sla1 of Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information NOV 13 2015 DCM MHD CITY Fo) m Dow AP-2 Q s nd FILL pxc asap (tm v bv6dge$ and emlveuctsj 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. Ac Me Other 6(roawme0 (WLWrr or (Canal Boat Begin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline N@RlL stabilization Length r Width 126 Avg. Existing NA Depth Final Project NA NA Depth EXCAVATION This secW not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. .. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), `�ty,S& or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW _ ❑SAV _ ❑SB OCT 2 7 2015 ❑WL []None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL 1s section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (1) Do you claim title to disposal area? ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB []WL []None (11) Describe the purpose of disposal in these areas: d. (1) Will a disposal area be available for future maintenance? ❑Yes So ❑NA (ii) If yes, where? f. (1) Does the disposal include any area in the wate(? ❑Yes []No ❑NA (0) If yes, how much water area is affected? NOV 13 2015 DCM- MHD CITY 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: _ , r 461 ulkhead ❑Riprap ,Breakwater/Sill LJOther: C. Average distance waterward of NHW or NWL: Q e. Type of stabilization material: Width: / G d. Maximum distance waterward of NHW or NWL: I Zi f. (i) Has there been shoreline erosion during preceding 92 months? Mes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. 2-0 ' ague i,, &,nr� olr'cd'we-slL g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill_ Riprap_ �Cab�OL , °�I'cthitc- ._ Breakwater/SillOther_ " I. Source of fill material. 4. OTHER FILL ACTMTIES ❑Thissectionnotapplicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site. as ❑No ❑NA b. (I) Will fill material be placed in coastal wetlands/marsh (CW), IQA%A ahn11 Mnnm (SBI. or If yes, T2 f6e3 (ii) Amount of material to be placed in the water (ill) Dimensions of fill area $ ��3 * 16J , x l i 4 (iv) Purpose of fill re--s�cM w,-*6qp1 k4 5. GENERAL a. How will excavated or fill material be kept on she and erosion controlled? nb.t.. �• .�f ept^ySV•.iCS W�^ S.1{' `+ �wG2 c. (i) Will navigational aids be required as a result of the project? d []Yes []No t�QQA (if) If yes, explain what type and how they will be implemented. W/6 Date �Gd9CS f CSh II�Id.'aC'. �BIOI��' Project Name other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB ❑WL _ done (ii) Describe the purpose of the fill in these areas: What type of oonstrud bacMroe, or hydraulic used (e.g.. GCk\ �&E-+ 14''\F ir�4 QxjsV C�r y 6.6c x. rYUN.yftrot (I) site? �il❑❑NA wetlands be crossed stransporting equipment to project (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. �� � h •�� s I rB -k 6nx �anmlw� l.H Sec. V- P Applicant Name RECEIVED DCM- MHD CITY UP ED ee C:) Al Sp AAL C. r—ti �3 1" �/)j —Ctel— vvcf UPC lox.f n I It --f-11- UF I 1-4 ti A110 GHIN -VqOCI SIGI C I AON (13A13038 F. ,Z\,.v TI \lj W111_ North Carolina Department of Environmental Quality C5 (� u DEC 15 2015 IIII onald R. van der vaart Pat McCrory Shellfish U Secretary Governor Water an 5 Recreational Duality Section MEMORANDUM TO: Ms. Patti Fowler NCDENR Division of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 6 November 2015 SUBJECT: CAMA Application Review APPLICANT: Carolyn Jones Respond to Doug Huggett Morehead City Office RECEIVED DEC 2 S 2015 DCM- MHD CITY PROJECT LOCATION: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Please indicate below your position or viewpoint on the proposed project and return this form by 26 November 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. V/ This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached �Q /� comments. Signed �FINe�-- /U , 60k Ply 5 (6k4-6 - Date / /7 /� 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in pad by recycled paper DCM Coordinator: *�A Permit MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: DCM/ Fisheries Specialist NC DOT: DMF/ Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: DEMLR Washington: Wilmington: Wildlife Resources: LPO: (with revised work plan drawings) Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbley Liz Hare Renee Gledhill -Early Diane Williams (WIRO) Joey White (WARO) Shane Staples Gregg Bodnar Ken Pace Patti Fowler Shannon Jenkins Tim Walton Karen Higgins (Raleigh) r John Hennessy (NC DOT) Anthony -Scarbraugh-401 Joanne Steenhuis — 401 Chad Coburn - 401 Scott Vinson-Stormwater Georgette Scott- Stormwater Maria Dunn Fax Distribution: Permitee Agent #:_ 1 Permit Class Permit Number NEW 141-15 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission CO V erm it for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Carolyn Jones, PO Box 811, Ocracoke, NC 27960 Authorizing development in Hyde County at adi. to Silver Lake off Pamlico Sound, off SR 1328 at the terminus of Silver Lake Rd., in Ocracoke Village, as requested in the permittee's application dated 10/6/15 including attached workplan drawings (2)1-2 of 2 dated 10/12/15. This pertnit, issued on December 17, 2015 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ole 5av3lect tv toles, imprisonment or ctvu action; or may cause me perms to De nuts ana voia. Shoreline Stabilization — Sill & Bulkhead 1) The alignment of the permitted sill and bulkhead shall be staked by the applicant and inspected by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -verified by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The sill material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the site by �wave or current action. RECEIVED (See attached sheets for Additional Conditions) JAN 11 2016 This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the 1sH*t1j-oM Chairman of the Coastal Resources Commission. BraKfon C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Carolyn Jones Permit No. 141-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) The height of the permitted sill shall not exceed twenty four (24) inches above the normal water level. 4) Sills. shalf be marked at 50 foot intervals with reflectors extending at least three feet above normal water level. 5) The sill backfill material shall be approved by a representative of the Division of Coastal Management prior to placement landward of the sill. 6) The pemuttee shall maintain the sill in good condition and in conformance with the terms and conditions of this permit or the remaining sill structures shall be removed within 90 days of notification from the Division of Coastal Management. 7) The bulkhead shall be constructed prior to any backfilling activities. 8) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 9) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 10) No excavation, or other land disturbing activities, is permitted landward of the normal water line except for that which may be required for the construction of the bulkhead wall. This permit does not authorize any excavation waterward of the approved alignment. 11) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 12) All backfill material shall be clean and free of any pollutants except in trace quantities. 13) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 14) The temporary placement or double handling of riprap materials within water or vegetated wetlands is not authorized unless placed in a steel or metal box container supported by construction mats. R EC 15) No excavation of shallow water bottom or any Coastal Wetlands is authorized by this permit. JAN Sedimentation and Erosion Control DCM- 16) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 17) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. l VEI 2016 Carolyn Jones Permit No.141-15 Page 3 of 3 ADDITIONAL CONDITIONS General 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation of any phase of this project. 19) 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. 20) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 21) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 198000291 and assigned SAW 201502399, which was issued 12/17/15. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 15-1186. NOTE: Future development of the pemrittee's property. may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED JAN 11 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY December 17, 2015 Carolyn Jones P.O. Box 811 Ocracoke, N.C. 27960 Dear Sir or Madam: PAT MCCRORY Govcmar DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. c`e�re'l�y, Douglas V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management Enclosure Nothing Compares. _ State of North Carolina I Environmental Quality I Cowtal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Carolyn Jones County: Hyde LOCATION OF PROJECT: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the nethouse constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, Hyde County, North Carolina. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 27 October 2015 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Steve Trowell DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: 4Z4~i B) DATE RECEIVED BY MAJOR PERMITS UNIT: I1/17a19*FEE RECD: $ 400.00 (100%) PUBLIC NOTICE RECD: END OF NOTICE DATE: C) ADJ. RIP. PROP NOTICES REC'D: DEED RECD: APPLICATION ASSI� ITT.O: P90AS ON: 75 DAY DEADLINEIb Il l) DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: STATE DUE DATE: FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative I I (Z11 K Coastal Management - LUP Consistency q X Division of Community Assistance I 3 /T, X Land Quality Section Division of Water Quality Storm Water Management (DWQ) X State Property Office X Division of Archives & History Division of Environmental Health Division of Highways 70" Wildlife Resources Commission 1 IJ ooj `yomlo EC E (V E Local Permit Office till ( Division of Marine Fisheries 1 el 6' Corps of Engineers I `� �� /� 9�v of M H D CITY po, � 11 MUBIRM►1 o "051 To: Courtney Spears From: Steve TroweO Through: Jonathan Howell'9' Subject: Carolyn Jones Major CAMA/Dredge and Fill Permit Application Date: 5 November 2015 This memo is in reference to Major CAMA/Dredge and Fill permit application submitted by Ms. Carolyn Jones for the construction of a offshore sill to protect an existing Coastal Wetland marsh and a bulkhead to stabilize an upland sediment bank shoreline onsite the applicant's property located at the terminus of Silver Lake road on the southwest side of Silver Lake harbor in Ocracoke Village, Hyde County, North Carolina. Staff has reviewed the project per the development standards as found in North Carolina Administrative Code 7H.0206 and .0208 and have determined the project to be consistent baring any significant objections from the review agencies. Although this project was never subject of a scoping meeting, DCM staff has a thorough knowledge of the aquatic habitats present due to a considerable amount of staff time spent permitting and monitoring shoreline stabilization along this stretch of shoreline on adjoining properties. Division staff has discussed this project with most regulatory and commenting agencies for input and to make them aware of the pending application. Division staff in the Washington Regional Office were contacted by Ms. Jones in September regarding an apparent increase in the erosion rates on her property. Although, DCM staff cannot provide documentation supporting Ms. Jones claim (20' lost to erosion) as to how much erosion has occurred in the last year, there is evidence at the site of significant erosion most likely caused by ferry traffic in the harbor. Through staff observation onsite, staff can attest to the "surge" described by the applicant. This surge provides some justification for the sill to be 2' above the normal water level. Staff in the Washington Regional Office feels this project is in keeping with DEQs commitment to promote and expedite the permitting and use of this method of shoreline stabilization. Therefore, Staff recommends that the permit be issued and in addition to the standard conditions, please include the following: 1). The temporary placement or double handling of riprap materials within waters or vegetated wetlands is not authorized unless contained within a steel or metal box container supported by construction mats. 2). If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossecR?deffYVED mats shall be removed immediately upon completion of construction ��tt CC VV �C NOV 10 2015 DCM- MHD CITY 3). The alignment of the proposed rip rap sill shall be staked by applicant for approval by DCM Staff prior to initiating construction of the sill. 4). The sill backfill material must be approved by DCM prior to placement landward of the sill. RECEIVED NOV 10 2015 DCM- MHD CITY North Carolina Department of Environmental Quality 5 Pat McCrory Governor TO: MEMORANDUM Charlan Owens District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 6 November 2015 SUBJECT: CAMA Application Review APPLICANT: Carolyn Jones ponald R. S NOV 9 2015 [U74� 'I`rfC4, Respond to Doug Huggett Morehead City Office PROJECT LOCATION: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. der Vaart Please indicate below your position or viewpoint on the proposed project and return this form by 26 November 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This o ce obj to the proposed project for reasons described in the attached Y;;7� Comm ts. Si Date It- RECEIVED 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 NOV 19 2015 Phone: 919-707-86001Internet: www.nodenr.gov An Equal Oppodunity, 1 Arfinnalive Achon Employer - Made in part by recycled paper D C M- M H D CITY Coastal Management ENVIRONMENTAL OVAUTY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal anagement FROM: Charlan Owens,60AICP, District Planner Division of Coastal Management PAT MCCRORY Governor DONALD R. VAN DER VAART Secmiary BRAXTON DAVIS Director SUBJECT: Major Permit Request by Carolyn Jones to install 46 linear feet of bulkhead and 114 linear feet of riprap marsh sill on Silver Lake; at 485 Silver Lake Drive, on Ocracoke Island, Hyde County. DATE: November 16, 2015 Consistency Determination: The request is consistent with/not in conflict with the Hyde County Land Use Plan certified by the CRC on March 27, 2008. Overview: The .46 acre subject property has approximately 161 linear feet of shoreline along Silver Lake, which connects to the Pamlico Sound. Water depths near the shoreline are less than 1 foot below Normal Water Level (NWL) and then deepen significantly 50 feet offshore. The western half of the property contains Coastal Wetlands marsh, with the remainder consisting of vegetated uplands. The site is undeveloped, but contains an unimproved sandy driveway connecting Silver Lake Drive to the shoreline. The site is located in Floodzone AE. Existing shoreline improvements consist of a pier connecting to a two-story "nethouse" located over the lake. The nethouse is approximately 40 feet from the shoreline. There are no shoreline stabilization structures on the property. The shoreline consists of sandy beach and coastal marsh. The shoreline is experiencing erosion, which has resulted in the loss of sand and the breaking off of marsh peat. Erosion is attributed to the surge created by ferry traffic utilizing the ferry terminal across the lake. According to the applicant, the property has lost approximately 20 feet of shoreline and 2 feet of vertical elevation since June 2015. Commercial fishing operations use the site as a harbor refuge. Commercial fishing vessels moor "side to" the nethouse. Commercial fishing gear, mainly gill nets, are stored or staged along the shoreline. Installation of 46 linear feet of bulkhead and 114 linear feet of riprap marsh sill is proposed. The bulkhead will be installed east of the pier and connect to bulkhead on the adjacent property. The riprap marsh sill will connect to the bulkhead/riprap revetment on the adjacent property to the west and extend across to the existing pier and nethouse. The alignment will allow for a 10 foot wide opening on the east side underneath the pier. The riprap sill will have a 12 foot wide base, extend 2 feet above NWL, and will be located approximately 15 feet waterward of the existing shoreline. To prevent subsidence, the riprap sill will be supported on the boREGCAVED --"`-Nothing Compares � NOV 19 2015 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elinbeth City, NC 27909 D C M - M H D CITY 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 5 heavy nylon mat. The sill will be backfilled with sand from a local dredging project. Grading will be from 1.5 feet above sea level at the northwest end to .5 feet below sea level at the southeast end. The filled area will be planted with Coastal Wetland species. During construction, granite riprap will be stored on highground at the end of Silver Lake Drive. A skid steer and a long reach excavator will be used to move and place the riprap. Logging mats will be utilized over marsh areas. The waters of Silver Lake are classified as SC and Coastal Waters and are closed to shellfish harvesting. There is no significant Submerged Aquatic Vegetation (SAV) within the nearshore of the project site. A review of historic and archaeological resources was not provided. Commercial fishing operations will be maintained on the pier and along the bulkhead to the east. Anticipated Impacts resulting from this project are expected to include: the filling of 3,249 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 920 sq. ft. of Public Trust Shoreline AEC. Basis for Determination: The Hyde County Land Classification Map identifies the subject property as "Commercial' and "Agricultural/Low Density Residential". As indicated on Page 234, "Unbuildable Land" includes all AECs. As indicated, "(t)here should be no development or development limited to 15A NCAC 7H use standards..." The following are LUP policies that may be applicable to this request Policies - Conservation: P.31, Page 192. "Hyde County supports the enforcement of local, state, and federal regulations and programs that minimize the threat to life and property from flooding." P.33, Page 193. "Hyde County supports the use of erosion control structures in estuarine shoreline areas." RECEIVED "� Nothing Compares NOV 19 2015 State of North Carolina I Envirumnental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Eli=beth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management Implementing Actions - Conservation: 1.32, Page 195. "Hyde County will rely on the NC Department of Environment and Natural Resources, Division of Coastal Management to regulate development through the CAMA permitting process. Also, it will rely on the regulations of other state and federal agencies with regulatory authority, as well as existing local development regulations, to mitigate threats to AECs." 1.34, Page 195. "Hyde County supports the use of erosion control structures when: • A building or property is in immediate danger of being damaged by erosion; • Adjacent property will not be damaged by the erosion control structure; • It protects property from the adverse effects of sea level rise; and • Public trust rights will not be significantly violated. This action will be supported by the Ocracoke Village Development Ordinance, adopted zoning and subdivision ordinances, and the CAMA permitting process. Policies — Stormwater Control: P.51, Page 196. "Hyde County recognizes the value of water quality maintenance and supports the protection of fragile areas and the provision of clean water for recreational purposes." P.53, Page 196. "Hyde County supports reducing soil erosion, runoff, and sedimentation to minimize the adverse effects on surface and subsurface water quality." Policies — Natural Hazard Areas: P.86, Page 206. "Hyde County will, at a minimum, support 15A NCAC 7H and other local, state, and federal policies to minimize threats to life, property, and natural resources resulting from erosion, high winds, storm surge, flooding, or sea level rise." MEMORANDUM Page 3 of 5 DECEIVED ^� Nothing Compares NOV 1 9 2015 Stale of Nonh Carolina I Environmwal Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 nrM- MHD CITY uX6 North Carolina Department of Environmental Quality Division of Coastal Management Implementing Actions — Natural Hazard Areas: 1.86, Page 206. "Hyde County will rely on the North Carolina Department of Environment and Natural Resources, Division of Coastal Management to monitor and regulate development in areas susceptible to sea level rise and wetlands loss." 1.90, Page 207. "Hyde County will not oppose allowing migrating shorelines in Ocracoke Village coastal wetlands areas in order to preserve coastal wetlands." Policies — Water Quality: P.88, Page 208. "At a minimum, Hyde County will rely on 15A NCAC 7H to protect water quality." P.89, Page 208. "Hyde County supports protection of its surficial waters and potable water supply." P.90, Page 208. "Hyde County recognizes the value of water quality maintenance to the protection of fragile areas and to the provision of clean water." P.92, Page 208. "Hyde County supports the enforcement of local, state, and federal regulations and programs that protect water quality." P.95, Page 208. "The county supports commercial and recreational fishing in its waters and will cooperate with other local governments and state and federal agencies to control pollution of these waters to improve conditions so that commercial and recreational fishing will increase." "'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 MEMORANDUM Page 4 of 5 RECEIVED NOV 19 2015 DCM- MHD CITY l* North Carolina Department of Environmental Quality Division of Coastal Management Imolementino Actions — Water Quality: 1.108, Page 211. "Hyde County supports shoreline development, including public access, which will protect water quality through the use of riparian buffer zones as required in the Tar -Pamlico NSW strategy..." Policies — Cultural Historic and Scenic Areas: P.106, Page 211. "Hyde County supports the preservation of important cultural resources and supports local, state, and federal efforts to protect historic properties within its borders and to perpetuate its cultural heritage..." -- -'`Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 MEMORANDUM Page 5 of 5 RECEIVED NOV 19 Z015 DCM- MHD CITY North Carolina Department of Environmental Quality le Pat McCrory Governor TO: FROM: DATE: SUBJECT: MEMORANDUM Mr. Lee Padrick Division of Community Assistance Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 6 November 2015 CAMA Application Review APPLICANT: Carolyn Jones Donald R. van der Vaart Secretary Respond to Doug Huggett Morehead City Office PROJECT LOCATION: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Please indicate below your position or viewpoint on the proposed project and return this form by 26 November 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed projecL When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. C/ This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date Date 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 RECEIVED Phone: 919-707-86001Internet: w".ncdenr.gov An Equal Opportunity l Affirmative Action Employer- Male in pan by recycled paper DEC 0 1 ?n15 .. S 11 iwI T A-CAMA PERMIT North Carolina Department of Environmental Quality Pat McCrory Governor November 23, 201.5 Carolyn U. Jones 390 Silver Lake Drive Ocracoke, NC 27960 Donald R. van der Vaart. Secretary DW R # 15-1186 Hyde County Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Tar -Pamlico River Riparian Buffer Impacts with Additional Conditions Jones Fish House Shoreline Restoration Dear Ms. Jones: You have our approval for the Impacts listed below for the purpose described in your application dated November 6, 2015 and received by the Division of Water Resources (Division) on November 10, 2015. These impacts are covered by the attached Water Quality General Certification Number 3900, Tar -Pamlico River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management Issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following Impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, Including incidental impacts. (15A NCAC 02B .0506(b)(c) and 15A NCAC 02B, 0259(7)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Open Waters OW-1 (Offshore Sill) 0.03 (acres) 0 (acres) CAMA PERMIT I APPLICATION No.1 of 2 OW-2 (Sill Backfill) 0.04 (acres) 0 (acres) Dlvlslon of Water Resources - Water Quality Regional Operations Section - Washington Reglonal Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64611 Fax: 252-975417161 Internet: www.ncdenr.gov An Equal Opponunty I ffimialiveAdon Employer— Made In pad by mgdad paper N, ;Carolyn U.Jones DWR # 15=1186 401 AND BUFFER APPROVAL Page 2 of 5 Buffers —Zone 1 B-1(Work Corridor) 0 (square ft.) 2,480 (square ft.) CAMA PERMIT APPLICATION No.1 of 2 B-2 (Backfill) 900 (square ft.) 0 (square ft.) Buffers —Zane 2 B-1(Work Corridor) 0 (square ft.) 900 (square ft.) CAMA PERMIT APPLICATION No. i of 2 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are Incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Qualitv Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 3900. [15A NCAC 02B .0507(c)] 4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 .x 8 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 026 .0259 (6)] 5. All mechanized equipment operated near surface waters or wetlands will be regularly Inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 bm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (900) 859-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [iSA. NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 6. Monitoring of Rock Sills Carolyn U.,Jones DWR # 15-1186 401 AND BUFFER APPROVAL Page 3 of 5 Approximately six (6) months after'the installation of rock sill structure in waters, streams, and/or wetlands the structure shall be inspected for erosional areas, headcutting, shifts or movement of rocks within sill structure, etc. Eighteen (18) months after installation another visual inspection shall be conducted. Written notification Is required after these inspections; . any problems found during inspections shall be documented and the, appropriate, DWR Washington Regional Office staff member contacted to arrange a field visit. The permittees (property owners) shall consult with the Regional DWR staff memberto determine if a permit modification is needed to correct the problem. The property owner and/or owners shall assume responsibility of repairs and maintenance of rock sill structure. [15ANCAC'02H.0501 and .0502 and 15A NCAC 02H .0506(b)(2).and (3) and (c)(2) and (3)] 7. .Turbidity Standard The Permittee shall adhere specially to ISA NCAC 02B .0222 Tidal Salt Water Quality for Class SC Waters (3)(g) pH: shall be normal for waters 1n the area, .which. generally shall range between 6.8 and 8.5 except that. swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity:. the turbidity in the receiving water shall:not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased.. (15A NCAC 02B .0221] . 8. ReOoenerClause Carolyn U. Jones and her authorized agents shall conduct their activities in a manner consistent with.State water quality standards (including any'requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law: and federal law. Carolyn U. Jones shall require their contractors (and/or agents) to.Fomply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification.: A copy of this Certification shall be Included in the construction contract and available on the job:site at. all times. If DWR . determines that such standards or laws are not being met, (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure *compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in.accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the Carolyn U. Jones and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance With.15A. NCAC 2H.0504. Any. new or revised conditions shall be provided to DWR in writing., shall be provided to the United States Army Corps of Engineers for reference in any permit Issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 9. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [35A NCAC 02H .0507 (c)] Carolyn U. Jones DWR # 15-1186 401 AND BUFFER APPROVAL Page 4 of 5 10. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http://Portal.ncdenr.org/web/wo/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 11. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 These Certifications can be contested as provided in Articles 3 and 4 of General Statute ISOB by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form maybe obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water and Tar -Pamlico River Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh(&ncdenr.gov if you have any questions or concerns. Carolyn U. Jones DW R # 15-1186 401 AND BUFFER APPROVAL Page 5 of Sincerel OertTanka o . , Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3900 Certification of Completion cc: Doug Huggett, DCM Morehead City Steve Trowell, DCM WaRO Raleigh Bland, USACE Washington Regulatory Field Office (via email) Richard Peed, DEMLR WaRO (via email) Laserfiche File KPISC use` t�Dfl J+d lh �..t-•_S J/ :Y_'f j�••) C7d'1'i z �y l:J:'7Jt7A'IO Srt�SI $Pac-e�:Alt a re- rneltil �- p�= i.,�.,•1YY•L�ti �I��-�•rf,9va4 ---.�` m ,.•f•4. r �J •i hi9C:`1 � � r rFlrF� i t . MMAND APP NORTH CAROlot LINA ' MANAGEMENTCOMMISSION DMSION OF WATER MSOURCM V) .MOLL L fi .•y DWRPemdtNo. . s. rf� a n .a Energy, Mineral and Land Resources ENVIRONNENTAl. WALITy December 4, 2015 Carolyn U.Jones PO Box 811 Ocracoke, NC 27960 PAT MCCRORY Covenmr DONALID,R. VAN DER VAART Subject: EXEMPTION from Stormwater Management Permit Regulations CAMA Major- Dredge &fill/ Bulkhead / Pier Jones Fish House Shoreline Stabilization Stormwater Project No. SW7151101 DearMs. Jones: :Selrvlary TRACY DAVIS Director The Washington Regional Office received a copy of your CAMA Major application forthe.Jones Fish House shoreline stabilization project at the property located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake in Ocracoke, Hyde County, NC on November 6, 2015. Staff review of the plans and specifications has determined that the project,:as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the. Division as notposing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements. of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The stormwater.rules require the Division to permit the common plan of•development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division ofEnergy, Mineral, and Land. Resources prior to any construction. Any construction on the subject site, prior to receipt of the. required permit,: will constitute a violation of,15A NCAC 2H.1000 and may result in appropriate enforcement actions by this Office. Please keep in mind that.this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Resources, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need -additional information concerning this matter, please contact me at (252) 946-6481. Sincerely, _ Samir Dumpor, PE Environmental Engineer cc: Doug Huggett, MM'. Washington Regional'Office State of North Carolina I. Environmental Quality I Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Pat McCrory C f V � n Id .van der Vaart Governor y MEMORANDUM NOV 0 9 2015 DOA TO: Mr. Tim Walton STATE PROPERTY Director OFFICE State Property Office FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 6 November 2015 SUBJECT: CAMA Application Review APPLICANT: Carolyn Jones Respond to Doug Huggett Morehead City Office RECEIVED DEC 0 7 2015 DCM- MHD CITY PROJECT LOCATION: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Please indicate below your position or viewpoint on the proposed project and return this form by 26 November 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY is office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed ( Date �a ` IT 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.nrdenr.gov An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper Worth Carolina Department of FnvirotIM011till QUality Wcfm Dama!d R. van der/aart Pat Govemor MEMORANDUMj TO: Ms. Renee Gledhill -Earl), G-L 1om' NC Department of Cultural Resources Archives & History Building FROM: Doug Huggett Respond to long Ifuggett I'vInjor Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 6 November 2015 SUBJECT: CAMA Application Review JCS APPLICANT: Carolyn Jones It PROJECT LOCATION: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house constructed by the late Sam ][ones on Silver Lake off the Pamlico Sound in Ocracoke Village, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes construct an offshore sill with a 12'wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Please indicate below your position or viewpoint on the proposed project and return this form by 26 November 2015. Please contact Steve Trowell at 252-94 3-3854, if you have any questions regarding tile proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attacliLd comments. Signed L- Date It, 2,0-lr "6 NOV 1 3 2015 North Carolina Department of Environmental Quality 120 RECEIVED Pat McCrory Governor DEC 0 7 2015 Donald R. van der Vaart Secretary DCM- MHDNCE ANDUM FIOV 2 4 2015 TO: Mr. Ken D. Pace NCDOT Roadside FROM: Doug Huggett Respond to Doug Haggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 6 November 2015 SUBJECT: CAMA Application Review APPLICANT: Carolyn Jones PROJECT LOCATION: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, in Beet County, North Carolina. PROPOSED PROJECT: Applicant proposes construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Please indicate below your position or viewpoint on the proposed project and return this form by 26 November 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed �, ai/l` �- Date 11.1 11I1 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www,ncdenr.gov An Equal Opportunity, 1 Affirmative Action Employer — Made in part by recycled paper North Carolina Department of Environmental Quality 016, Pat McCrory Donald R. van der Vaart Governor Secretary TO: Inspector, Hyde County Building Mr. Jerry Hardison FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 6 November 2015 SUBJECT: CAMA Application Review APPLICANT: Carolyn Jones PROJECT LOCATION: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Please indicate below your position or viewpoint on the proposed project and return this form by 26 November 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. 7nhis ropnate, in depth comments with supporting data are requested. REPLY office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached co nments. r Signed Date �� �� RECEIVED 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www.ncdenr.gov NOV 16 2015 An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper DCM- MHD C;''%i North Carolina Department of Environmental Quality 12 Pat McCrory Governor MEMORANDUM TO: Shane Staples Division of Coastal Management 943 Washington Sq. Mall Donald R. van der Vaart RECEIVED Secretary WM?P FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 6 November 2015 SUBJECT: CAMA Application Review APPLICANT: Carolyn Jones PROJECT LOCATION: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Please indicate below your position or viewpoint on the proposed project and return this form by 26 November 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date 11Z 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707.86001 Internet: www.nodenr.gov An Equal Opportunity %AtfnmaUve Action Employer— Made In port by recycled paper Spears Courtney From: Bland, Raleigh W SAW<Raleigh.W.Bland@usace.army.mil> Sent: Thursday, December 17, 2015 9:04 AM To: Spears, Courtney Subject: RE: carolynjones CAMA Major permit (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE SAW 201502399 PGP 19800029117Dec2015 Thanks! -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Thursday, December 17, 2015 8:51 AM To: Bland, Raleigh W SAW Subject: [EXTERNAL] RE: carolyn jones CAMA Major permit (UNCLASSIFIED) Hey Raleigh, Any update on the Jones permit? Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Bland, Raleigh W SAW[mailto:Raleigh.W.Bland@usace.army.mil] Sent: Friday, December 11, 2015 2:48 PM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: carolyn jones CAMA Major permit (UNCLASSIFIED) O North Carolina Department of Environmental Quality Pat McCrory Governor November 6, 2015 MEMORANDUM: To: Doug Huggett Major Permits Processing Coordinator Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 From: Clif Whitfield, Environmental Engineer, PWSS/WaRO Subject: CAMA APPLICATION REVIEW Applicant: Carolyn Jones Donald R. van der Vaart Secretary Project Location: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, in Beaufort County, North Carolina Proposed Project: Applicant proposes to construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing in Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. This office objects to the project for reasons described in the attached comments. SIGNED / DATE 11-10-2015 RECEIVED Washington Regional Office NOV 13 2015 943 Washington Square Mall, Washington, North Carolina 27889 Phone:252-946-64811FAK252-948-004011nternet:www.ncwater.org/pws DCM- MHD CITY An Equal opportunity 1 Affirmative Action Employer- Made in part by recycled paper -% North Carolina Department of Environmental Quality 4( Pat McCrory Governor TO: MEMORANDUM Mrs. Maria Dunn NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 6 November 2015 SUBJECT: CAMA Application Review APPLICANT: Carolyn Jones Donald R. van der Vaart Secretary Respond to Doug Huggett Morehead City Office 4 140V 2015 IRECEIVE D PROJECT LOCATION: Project site is located off SR 1328 at the terminus of Silver I.Aiad&UgAce Silver Lake at the net house constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Please indicate below your position or viewpoint on the proposed project and return this form by 26 November 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. y_ This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date II-11-24D15- RECEIVED 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www.ncdenr.gov NOV 2 3 2015 An Equal Oppodunity \Affirmative Action Employer- Made in part by recycled paper DCM- MHD CITY i ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department Environmental Quality RECEIVED of •..� NOV 2 3 2015 FROM: Maria T. Dunn, Coastal Coordinator Division of Habitat Conservation DCM- MHD CITY DATE: November 19, 2015 SUBJECT: CAMA Dredge/Fill Permit Application for Carolyn Jones, Hyde County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located off SF 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house, across from the NCDOT ferry terminal. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a 12' wide base by 114' long marsh sill out of riprap to dissipate wave energy and currents created by ferry travel. In addition to the sill, 46' of bulkhead will be constructed at the normal water line. The sill will have a 10' wide opening at the south side and will be 2' above NWL. The area behind the sill will be backfilled and graded to plant coastal wetland species. The grade for the fill will be based off the nearby NCCAT project. Silver Lake at this location is classified SC by the Environmental Management Commission. The NCWRC has reviewed the permit application and does not object to permit issuance. Generally our agency does iioY support the pr000sed 2'Wd*e NWL sill height, single opening, and backfrll; however, we understand the dynamics of the site and appreciate the design consideration for the site specific needs, using the nearby NCCAT site as reference. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria. dunnAncwildlife. org Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 North Carolina Department of Environmental Quality Pat McCrory Governor MEMORANDUM TO: Mr. Anthony Scarbraugh D.WR Water Quality Programs 943 Washington Regional Office RECEIVEI)MCDEN'TlNo' Uonaltl R': van der Vaart Secretary NOV' 6 2015 Water Quality Regional Operations Section Washington Regional Office FROIyti" Doug Huggett Respond to Doug Huggett, Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City'NC 28557 DATE: 6 November 2015 SUBJECT: CAMA Application Review APPLICANT: Carolyn Jones PROJECT LOCATION: Project site is located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the net house constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Oiaacoke Village, in.8eaeififtCounty, North Carolina. Hq# . PROPOSED PROJECT: Applicant proposes construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant:also.proposes to construct 46' of bulkhead along the normal water level. Please indicate below your position or viewpoint on the proposed project and return this form by 2.6 November 2015: Please contact Steve T.rowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY _ This office has no objection'to'the project as proposed. / This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This. office objects to the proposed project for reasons described in the attached comments. Signed // �i' Date 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707.86001Internal: www.ncdencgov An Equal 0ppodumly 1AnirmaGre Action Employer — Made in part by recycled paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Carolyn U. Jones 2. LOCATION OF PROJECT SITE: The project site is located off SR 1328 at the terminus of Silver Lake road adjacent Silver Lake at the nethouse constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, Hyde County, North Carolina. Photo Index - 2006: 90-7883; M-6 2000: 90-1041; L-1 1995: 90-960; L-13 State Plane Coordinates - X: 2,990,800 Y: 509,700 Portsmouth Quad. (upper right corner) 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —15 and 30 September 2015,28 October 2015 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received — 27 October 2015 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification - Community (uplands), Conservation (Water) (B) AEC(s) Involved: EW, PTA, CS (D) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing — Nonconforming "nethouse" with associated access pier. Planned - Offshore riprap sill and bulkhead (G) Estimated Annual Rate of Erosion: 20' average (applicant reported). 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B)Non-Vegetated Wetlands 1,368 ft2(offshore sill) 1,881 ft2 (sill backfill) Silver Lake Bottom (C) Other 920 ft2 (bulkhead RECEIVED (Uplands) backfill) NOV 10 Z015 (D) Total Area Disturbed: 4,169 ft2 (0.10 acres) (E) Primary Nursery Area: No DC M- M H D C ITY (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Carolyn U. Jones Silver Lake Hyde County Project Setting The 0.46 acre project site is located at the terminus of SR 1328, Silver Lake Road, on the south side of Silver Lake harbor directly across from the NC Department of Transportation (NC DOT) Ferry terminal in Ocracoke Village, Hyde County, North Carolina The site is somewhat undeveloped parcel with approximately half of the parcel square footage being Coastal Wetlands marsh. The Coastal wetland is vegetated with three square Scir us s .), salt grass QLdchlis s icata and salt meadow hay (�artina patens). There appears to be some uplands on the landward side of the Coastal Wetlands vegetated with wax myrtle, saltbush and red cedar. Also, there is an area of uplands adjacent Silver Lake harbor on the east side of the pier. The landward limit of the wetlands on the property were not delineated for the purpose of this application. The site has been used as a harbor of refuge for commercial fishing operations. There is an access pier that leads to a two story non -conforming "nethouse" over Silver Lake. Commercial fishing vessels, mainly outboard powered skiffs and center console boats moor "side to" the nethouse. Vehicular traffic uses an unimproved sandy path to access the shoreline at the project site. Commercial fishing gear, mainly gill nets, are stored or staged along the shoreline mainly gill nets. The neighboring property to the south once served as a commercial fishhouse. The infrastructure supporting this use has collapsed. This property is the subject of Major CAMA/Dredge and Fill permit no. 101-06 for a ten slip pier with associated parking and a commercial building. A dilapidated bulkhead stabilizes this neighboring shoreline and is to be replaced authorized by the aforementioned permit. The neighboring property on the north side is developed residential with a recently built home and has a pier with a platform and open boatlift. The shoreline on this property is stabilized with a combination of a bulkhead and riprap revetment. The bulkhead was constructed in the summer of 2001. Shortly after the bulkhead was built the property owner constructed the riprap revetment to dissipate the surge created by ferry traffic and the resulting erosion of the bulkhead backfill. The riprap revetment has settled to the normal water level (NWL)• The project site shoreline is characterized with a sandy overwash beach most likely pushed up by the surge created by the ferry traffic utilizing the terminal much like a sandy estuarine beach/berm is created by wind generated waves breaking on a marsh deposit sand creating a sandy berm/beach. The ferry terminal is located approximately 650' directly across Silver Lake. Water depths in the nearshore area are shallow generally minus fl' below the NWL and then deepen significantly ±50' offshore. Ferry traffic entering the harbor first pulls water away from the shoreline exposing the bottom as the vessel enters the harbor. Then as it passes and makes the turn into the ferry slip the water rushes back in a surge. This intial water movement is most likely caused by water displacement by the ferry vessel. A secondary current is established by the prop wash as the ferry remains docked in the slip with the thrust of the propeller used to hold the vessel in place during loading and unloading. Recently, the sand berm has begun to erode without any replenishment exposing the Coastal Wetland marsh peat causing it to break off and erode. Erosf� D site shoreline is depositing sand on the neighboring shoreline to the south downs NOV 10 2015 DCMI- MHD CITY Carolyn U. Jones Silver Lake Hyde County Page Two current created by ferry traffic. DCM staff was on the project site in September and October of this year concerning the proposed project. An assessment of the nearshore aquatic resources including habitats and shellfish did not reveal any significant shellfish resource nor submerged aquatic vegetation. Silver Lake harbor is classified as SC by the Environmental Management Commission and Coastal Waters by the Marine Fisheries Commission and is closed to shellfishing. Project Description The applicant proposes to stabilize the Coastal Wetland shoreline by constructing a marsh sill out of granite riprap with a 12' wide base width, 2' above the NWL and 114' long. The sill will join the bulkhead/ripmp revetment on the north side and extend across to the existing pier and nethouse. This alignment will allow for a 10' wide opening on the south side. Although marsh sills typically have open water on each end for water circulation and aquatic life movement, the applicant was concerned with the surge and currents working through the north end refracting off the adjacent hardened shorelines. Also, the surge is strongest on the north side of the project area as ferries enter the harbor. The applicant is also requesting to build the sill 2' above the NWL in an effort to dissipate the surge and prevent excessive over topping of the sill. The sill is proposed to be backfilled with sand from a local dredging project. The grading plan will use the same elevations relative to sea level as those used across the harbor at the NCCAT site and the marsh sill authorized by Major CAMA/Dredge and Fill permit no.219-06. The filled area behind the sill will grade down north to south with the highest elevations on the north end at 1.5' above sea level grading down to minus 0.5' below sea level. The NWL in the harbor is t0.50 above sea Ievel. The filled area is to be planted with Coastal wetland species including black needlerush Quncus roemerianus), salt meadow hay (Spartina patens) at elevations 1.5' to 1.0' above sea level and Spartina alterniflora from 1.0' to minus 0.50 below sea level. A surveyor will be employed to stake out the grading plan. The granite riprap will be staged on highground at the end of Silver Lake road. A skid steer will move the rock from the stock pile to the shoreline on logging mats over the marsh to a steel rock box container also supported by logging mats. A long reach excavator supported by more logging mats will place the stone. The riprap sill will be supported on the harbor bottom with a heavy nylon mat in an effort to preventing subsidence of the sill. The shoreline on the south side of the pier is to be stabilized with a bulkhead for a distance of 46' where it will join the bulkhead on the neighboring property. Project Impacts The project as proposed will result in the filling of Silver Lake bottom totaling 3,249 2 f.1 E I2 E D sill and 1,881 ft2 backfill). The proposed bulkhead will disturb +920 ft2 of highgro � NOV 10 2015 DCM- MHD CITY Carolyn U. Jones Silver Lake Hyde County Page Three backfill of the sill will convert shallow sandy bottom habitat into high and low marsh. There will be some localized short term turbidity during construction activities. Steve Trowell — Washington Regional Office — 5 November 2015 RECEIVED NOV 10 2015 DCM- MHD CITY CAMA Major Application Project Narrative Carolyn U. Jones D.V.M. re: Jones Fish House shoreline restoration This property is located directly across Silver Lake from the ferry docks. It has approx. 160' of soft shoreline. The only structure is the old Sam Jones fish house over the water. I have no plans to build a new structure. The property has never been hardened, yet has held its own and has even gained sand up until June 2015. During the prior year we noticed underwater sand loss around the fish house and its piers. We can now dock boats on the shore side of the fish house, whereas, in the past, it was always too shallow. When a ferry enters the harbor, a "tsunami" occurs. The water recedes, exposing the seabed, then in come rolling waves of V to 2'. This cycle repeats a couple times with each ferry arrival. Steve Trowell and Kelly Spivey of CAMA witnessed this event on 9/30/15. Mr. Trowell and Jonathan Howell of CAMA witnessed this event on 9/15/15. With this summer's increased ferry schedule, the "tsunamis" occurred nine times a day. This property has lost approximately twenty feet of shoreline and two feet of vertical elevation since June of 2015. There are two erosion cliffs. Marsh grass roots, peat, and very old rip-rap(W WlI?) are now exposed. Grasses once visibly on dry land are out in the water. The rate of erosion is extremely rapid, in fact you can see it happening before your eyes. Tufts of grass floating off, ferry wash carving thm the driveway, carrying off sand and rip -rap which lay buried for half a century. The ferry overwash now cuts through the driveway, which becomes a canal, and then covers about 50 feet of the adjacent state road, Silver Lake Drive. The amount of ferry overwash is related to: the size of the ferry, how heavily loaded the ferry is, how fast the ferry is going, and the wind and tide. It became apparent over the weekend of Sept 260s, 2015 that the property can no longer withstand the northeast winds which we commonly get in the winter. The rate of erosion has increased to the point where it does not seem that the property can withstand the continued erosion while I wait the 75-100 days for CAMA approval. The property is designated, according to a 1998 survey as one third 404 wetlands (6,724 sq ft) and two thirds uplands (13,467 sq ft). My plan (see attached CAMA Major application drawing), is to place a rock sill, 12' wide x 114' long from Herman Gaskins bulkhead to the pier on my property. The sill will join the bulkhead on Gaskins to prevent the surge from ferries entering Silver Lake, and their prop wash, from working through an opening on this end. The sill will have a height of 3' from the bottom of Silver Lake which should allow for a sill that is 1.5' to 2' above the normal water level. This is necessary to prevent the ferry surge from over topping the sill. The center line of the sill will be approximately 24' waterward of the normal water level at its farthest point offshore. Sill construction methodology: The rock will be stored at the driveway entree C E I V E D on the property. The rock will be moved in individual buckets with a bobcat track lI C NOV 10 2015 DCM- MHD CITY machine and dumped in a steel spoil containment box to minimize disturbance of the ground. The rock will then be dug from the containment box with a long reach excavator on crane mats and placed on the sill. After the sill is complete, sand will be dumped on the driveway, scooped with a track bobcat, and then dumped to backfill behind the sill to provide the proper elevation to plant marsh. The backfill will grade from 1.5' above sea level on the west end next to Gaskins property to -0.5' below sea level. High marsh species, Juncus roemerianus and Spartina patens will be planted from 1.5' down to 1.0' above sea level. J. roemerianus planting will continue transitioning to Spartina alterniflora to the 10' wide opening ending at an elevation of 0.5'. A surveyor will be employed to stake out the grading plan. These planting elevations are the same as those used at the nearby NCCAT facility. My plan also includes a vertical bulkhead from the fish house pier to the right border (Monroe Gaskill), where there are no wetlands. This will protect the shoreline and allow water to nourish the replenishment area behind the sill as there will be over ten feet separating it from the sill. This side will also require sand fill. I hope that the NC Division of Coastal Management will see fit to approve my application because: 1) The cause of the erosion is clearly the ferry overwash exacerbated by the increased ferry traffic. It is man-made, not natural erosion. 2) 404 wetlands are being lost. 3) 20' x 160' or more of property has been lost. 4) The state road (Silver Lake Drive) is threatened. 5) The fish house property has environmental, cultural, historical, community, and commercial value. 6) The property owner (myself) has in no way caused or exacerbated this erosion. <r i\ -Wil"i RECEIVED NOV 10 2015 DCM- MHD CITY m 9m APPLICATION for =Y; Major Development Permit (lut revi"d 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if aoolic��/Jable) ! d7 b hess 11�14&L5t �ore�rhe Last Name V�c?b+t-A;r�'1 Applicant 1: First Name MI Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State g i I C)crevofce 1VC ZIP Country Phone No. hwK4T FAX No. ?� � /q 60 USA 232- q28-z6f 6 ext. - Street Address (if different from above) 39C SiI�L�1<< Dr. City C r4 �2 l/%� State N c ZIP Email CLkk-5L+la'or1es @ r,kc,0-COM 2. Agent/Contractor Information IVIA Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PC Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (d different from above) City State RECEIVE Email NOV 10 2015 J <Forrn continues on back> DCM- MHD CITY Car.1-,1, U. Sc-.te3 D V, M, Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address ., -- State Rd. # 13 2 Z� Subdivision Name NIA Ciry C��r �� State (Vc Zip Z7g6O Phone No. Qa 22 - I hCO3y Lot No.(s) (if many, attach additional page with list) 1/lA 252-US-2-616 -4121-OLi-25 a. In which NC river basin is the project located? b. Name of body of water nearest to (proposed project �.1,6e.E'- Lri G'C— GFa ret Sc, c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. )cyy.e [Natural ❑Manmade [:]Unknown de C[s C+ 0,ck e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes KNo work falls within. 0C.r-41C Kc- V' 114 4. Site Description a. Total length of shoreline on the tract (ft.) 161 .fit b. Size of entire tract (sq.ft.) 'z0, IqI ;+7 m1f6 Ac-ve + _ c. Size of individual lot(s) {{, JA d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) ` (If many lot sizes, please attach additional page with a list) ❑NH W or ]KNWL e. Vegetation on traq Ma c_t4rr,, wtix ntir) s�l� �,&Se.r•6usk) s.(+ ...e-��/ an/ ++. t so. I I- �`rq lis y " C' -e_ sto "" r,— ) tit'kret� (r—ck' e-+C.. f. Man-made features and uses now on tract g 1GC g. Identify and dcribe the existing land uses adiacent to the proposed project site. $}ack pEl� yra -Pwr -rill h,ute_%-'ta1 W1 pier- h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? IV (Attach zoning compliance certificate, if applicable) V//A ❑Yes []No P(NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes )kNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes o ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes Ao ERECIEIVE National Register listed or eligible property? Ivuv 1 u 2uj5 10 <Fonn continues on next page> DCM- MHD CITY CA4-,(Z , o. ,ems p,V,1',. Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ;yes ❑No (ii) Are there coastal wetlands on the site? Ayes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes 00 , (Attach documentation, ff available) n. Describe existing wastewater treatment facilities. �pp f'��dge o. Describe existing drinking water supply source. , 6vDkXE p. Describe existing stone water management or treatment systems. C 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ,Private/Community to. Give a qbrief description of purpose, use, and daily operations of the project when complete. ►^A,-*w r'I colrm�%&re,� l �i$heC. C--t;er ^"K ►,:,Ikl. szde. ohl,. c. Describe the proposed construction methodology, types of construction equipment to be used durin construction, the number of each type of equipment and where it is to be stored. (fy n", reyCk ,ilkh+fa}r5� 6 1p v--i t S4tia1c T a � I (U t�6�C i +I re- 1� bc4'f imo S � i�C" T a I y..awe Ere I� Ea if`� e� Cnvato R%oc-k IDa'x a:, Is"t+5 ripre: eak ile .. e-tia o � Stec: d. List all de elopment acbvffies you propose. y1— 1 (n� Ir\L1� t4 S.11 cr> 3;A- C::"vE '* 6, 1k�df e. Are the proposed activities maintenance of an existing project, ew work, r both? S�-a1®e line. 5{tir � l� h� f. What is the approximate total disturbed land area resultinR from the proposed project? Sq.Ft or ❑Acres ft43$1 f+a we tI4�R � i� �5ic� T V'iA j �i lkit�st b90 f4? rmck S:U li 36S E g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes o DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. S(,`Le- hCh-o'�� I. Will wastewater or stormwater be discharged into a wetland? ❑Yes o DNA RECEI If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No XNA j. Is there any mitigation proposed? ❑Yes_ No DNA NOV 10 2 If yes, attach a mitigation proposal. <Fonn continues on back> S QED 915 DCM- MHD CITY Ca -l:�,p U, ! r &,, U..:M, Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name M o n roL GS4 :� f,— (1 Phone No. Address 'PC CBC;)(,i ci 3, OCracP i� r >VC- Z�cl6G 575) Name He r tv aq� Phone No. Address Zly E. WQ{gr 5� Was1NC a-7SSct '252- 362- (I ao Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. IV�� c h. Signed consultant or agent authorization form, if applicable. N /A I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) /V 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. NIA 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 trye information provided in this application is truthful to the best of "owledge. Date 10 /l b �� Print Name C 0'rr'1:�j, l�l, Jot 1�5 p. V, 01, SignatureGi�V-V/11 73 Please indicate application attachments pertaining to your proposed project. p C ^ C I"C D WDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development NOV 10 2015 ❑DCM M134 Structures Information DCM- MHD CITY Form ®CM MP-2 (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length I r Width I z r Avg. Existing NA Depth Final Project NA NA Depth 1. EXCAVATION `This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (1) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB,C - a ❑WL _ ❑None- III) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL is section not applicable a. Location of disposal area. b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? c. (i) Do you claim title to disposal area? []Yes []No ❑NA ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. (it) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), 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 disposal in these areas: f. (i) Does the disposal include any area in the water? []Yes ❑No ❑NA III If yes, how much water area is affect R E C E I V E D DCM- MHD CITY Caru1, 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) A Tvce of shoreline stabilization: b. Length: �I rr N6 �Ipulkhead ❑Riprsp breakwater/Sill ❑Other: _ Width: 121, z1j z c. Average distance waterward of NHW or NWL: d. Maximum distance watenvard of NHW or NWL: -)z. 5' � o 5& -2-! e. Type of stabilization material: f. #2— !�raa*';f (i) Has there been shoreline erosion during preceding 12 months? Wes ONO ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. -0 ` Aoc � �rr�. OVcfWt51. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill_ Riprap— te- Breakwater/Sill Ja6'g Other_ _ I. Source of fill material. t nL� ip1� �LC1+*et}e�CFn�-fCfiuc.lf� lvc�.l IXf�1e yt:or:� 4. OTHER FILL ACTIVITIES ❑Thfs section na applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? DVes ONO ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), nr If yes, (ii) Amount of material to be placed in the water ,.,..y......�......_ ._�_—__.. -. r wetlands (WL)? If any boxes are checked, provide the L�3 othernumber of square feet affected. (iii) Dimensions of fill area _11�,S461 lFi3 �.� x l f `I �� ❑CW ❑SAV ❑SB (iv) Purpose of fill OWL lone i, v5iv ve W c tt 44 (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? ohl si.•d,( arwv..�z W� s;1� f-e�ce TOYexcH sinM c. (i) Will navigational aids be required as a result of the project? d. ❑Yes ONO PQA (ii) If yes, explain what type and how they will be implemented. [0/6 Date Project Name What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? bajcIn eI 6obCs-X, �vrvn frvcK (i) Will wetlands be crossed in transporting equipment to project site? Riles ONO ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. `esn6ng F a� S i rocl, 6aX Cu U ID, V, Al Applicant Name ,.� RECEIVED DCM- MHD C -._.3 One (- 1 51.1 1 (O cox Jr^mi c lr Environment & Natural Resource to 485 Silver Lake Drive, Ocracoke, NC Drive 184 miles, 4 h 27 min Environment & Natural Resource Head northwest 54 s (0.1 mi) 1 r�; Follow NC-171 N and US-64 E to NC-12 in Hatteras 3h5min(160mi) r' 2. Turn right onto US-17 BUS S/Carolina Ave - 0.8 mi r° 3. Turn right onto US-17 N 4.5 mi r 4. Turn right onto NG771 N 16.9 mi r 0 5. Turn right onto US-64 E 70.2 mi t 6. Continue straight onto US-64 BYP E 5.9 mi t 7. Continue onto US-64 E 3.5 mi T S. Slight right onto S Virginia Dare Trail 0.1 mi r 9. Turn right onto NC-12 S/Cape Hatteras National Park Rd Continue to follow NC-12 S 57.3 mi ' l 10. Turn left onto Eagle Pass Rd 0.8 mi '1 11. Tum left onto NC-12 S 0.4m] Continue to NC-12 2 min (0.1 mi) rO 12. Turn right onto NC-12 loft 41 13. Turn leftto stay on NC-12 0.1 mi r* 14. Turn right at the 1 st cross street onto NG-12 S 115ft AK Take the NC-12 ferry to Ocracoke 57 min (9.6 mi) Continue to Ocracoke 44 a (0.1 ml) t 16. Continue straight 167ft 41 17. Turn left toward NC-12 0.1 mi t Continue onto NC-12 RECEIVED 18 min (13.3 mi) NOV 10 2015 «i Turn left onto Silver Lake Or 0 Destination will be on the left DCM- MHD CITY 2 min (0.5 ml) 485 Silver Lake Dr 1 U i FM ski r 0 a 1xve,u_5 ;Y�2Wt4dsvt�g) ��av$�iwra ryry •,� 'r� 3�eu,s/JQfi�{A0.'f`CY'HtVtd , O ra t f 13LA, a Prnz—,�-!A v � d t . I- L . _. ;ti' nt t e, X1,16 A-_ r n f 5 d� Crnss- 5 %ovl- IA P 3, , LJ Ud kl", C f i) i JP_ fC)L1 ,�-VjKyt l� k[AeAd r-ip �) eA fi 3 -tip- -tie bo-.c } N > o N C bevy 7 F)lt'j d� DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Carolyn U. Jones 2. LOCATION OF PROJECT SITE: The project site is located off SR 1328 at the terminus of Silver Lake road adjacent Silver Lake at the nethouse constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, Hyde County, North Carolina. Photo Index - 2006: 90-7883; M-6 2000: 90-1041; L-1 1995: 90-960; L-13 State Plane Coordinates - X: 2,990,800 Y: 509,700 Portsmouth Quad. (upper right comer) 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —15 and 30 September 2015,28 October 2015 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received — 27 October 2015 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification - Community (uplands), Conservation (Water) (B) AEC(s) Involved: EW, PTA, CS (D) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing — Nonconforming "nethouse" with associated access pier. Planned - Offshore riprap sill and bulkhead (G) Estimated Annual Rate of Erosion: 20' average (applicant reported). 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHE (A) Vegetated Wetlands (B)Nnn-Vegetated Wetlands 1,368 ft2(offshore sill) 1,881 ft (sill backfill) Silver Lake Bottom) (C) Other 920 ftz (bulkhead (Uplands) backfill) (D) Total Area Disturbed: 4,169 ft' (0.10 acres) (E) Primary Nursery Area: No N O V 13 2015 (F) Water Classification: SC Open: No DCM- MHD CITY PROJECT SUMMARY: The applicant proposes to construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Carolyn U. Jones Silver Lake Hyde County Project Setting The 0.46 acre project site is located at the terminus of SR 1328, Silver Lake Road, on the south side of Silver Lake harbor directly across from the NC Department of Transportation (NC DOT) Ferry terminal in Ocracoke Village, Hyde County, North Carolina. The site is somewhat undeveloped parcel with approximately half of the parcel square footage being Coastal Wetlands marsh. The Coastal wetland is vegetated with three square Scir sp.), salt grass Distichlis s icata and salt meadow hay (�artina patens). There appears to be some uplands on the landward side of the Coastal Wetlands vegetated with wax myrtle, saltbush and red cedar. Also, there is an area of uplands adjacent Silver Lake harbor on the east side of the pier. The landward limit of the wetlands on the property were not delineated for the purpose of this application. The site has been used as a harbor of refuge for commercial fishing operations. There is an access pier that leads to a two story non -conforming "nethouse" over Silver Lake. Commercial fishing vessels, mainly outboard powered skiffs and center console boats moor "side to" the nethouse. Vehicular traffic uses an unimproved sandy path to access the shoreline at the project site. Commercial fishing gear, mainly gill nets, are stored or staged along the shoreline mainly gill nets. The neighboring property to the south once served as a commercial fishhouse. The infrastructure supporting this use has collapsed. This property is the subject of Major CAMA/Dredge and Fill permit no. 101-06 for a ten slip pier with associated parking and a commercial building. A dilapidated bulkhead stabilizes this neighboring shoreline and is to be replaced authorized by the aforementioned permit. The neighboring property on the north side is developed residential with a recently built home and has a pier with a platform and open boadift. The shoreline on this properly is stabilized with a combination of a bulkhead and riprap revetment. The bulkhead was constructed in the summer of 2001. Shortly after the bulkhead was built the property owner constructed the riprap revetment to dissipate the surge created by ferry traffic and the resulting erosion of the bulkhead backfill. The riprap revetment has settled to the normal water level (NWL)• The project site shoreline is characterized with a sandy overwash beach most likely pushed up by the surge created by the ferry traffic utilizing the terminal much like a sandy estuarine beachlberm is created by wind generated waves breaking on a marsh deposit sand creating a sandy berm/beach. The ferry terminal is located approximately 650' directly across Silver Lake. Water depths in the nearshore area are shallow generally minus tl' below the NWL and then deepen significantly ±50' offshore. Ferry traffic entering the harbor first pulls water away from the shoreline exposing the bottom as the vessel enters the harbor. Then as it passes and makes the tam into the ferry slip the water rushes back in a surge. This intial water movement is most likely caused by water displacement by the ferry vessel. A secondary current is established by the prop wash as the ferry remains docked in the slip with the thrust of the propeller used to hold the vessel in place during loading and unloading. Recently, the sand berm has begun to erode without any replenishment exposing the Coastal Wetland marsh peat causing it to break off and erode. Erosion fkW E D site shoreline is depositing sand on the neighboring shoreline to the south downstream of the NOV 13 2015 DCM- MHD CITY Carolyn U. Jones Silver Lake Hyde County Page Two current created by ferry traffic. DCM staff was on the project site in September and October of this year concerning the proposed project. An assessment of the nearshore aquatic resources including habitats and shellfish did not reveal any significant shellfish resource nor submerged aquatic vegetation. Silver Lake harbor is classified as SC by the Environmental Management Commission and Coastal Waters by the Marine Fisheries Commission and is closed to shellfishing. Project Description The applicant proposes to stabilize the Coastal Wetland shoreline by constructing a marsh sill out of granite riprap with a 12' wide base width, 2' above the NWL and 114' long. The sill will join the bulkhead/riprap revetment on the north side and extend across to the existing pier and nethouse. This alignment will allow for a 10' wide opening on the south side. Although marsh sills typically have open water on each end for water circulation and aquatic life movement, the applicant was concerned with the surge and currents working through the north end refracting off the adjacent hardened shorelines. Also, the surge is strongest on the north side of the project area as ferries enter the harbor. The applicant is also requesting to build the sill 2' above the NWL in an effort to dissipate the surge and prevent excessive over topping of the sill. The sill is proposed to be backfilled with sand from a local dredging project. The grading plan will use the same elevations relative to sea level as those used across the harbor at the NCCAT site and the marsh sill authorized by Major CAMA/Dredge and Fill permit no.219-06. The filled area behind the sill will grade down north to south with the highest elevations on the north end at 1.5' above sea level grading down to minus 0.5' below sea level. The NWL in the harbor is f0.50 above sea level. The filled area is to be planted with Coastal wetland species including black needlerush (Anus roemerianusl, salt meadow hay (Spartina patens l at elevations 1.5' to 1.0' above sea level and Spartina alterniflora from 1.0' to minus 0.50 below sea level. A surveyor will be employed to stake out the grading plan. The granite riprap will be staged on highground at the end of Silver Lake road. A skid steer will move the rock from the stock pile to the shoreline on logging mats over the marsh to a steel rock box container also supported by logging mats. A long reach excavator supported by more logging mats will place the stone. The riprap sill will be supported on the harbor bottom with a heavy nylon mat in an effort to preventing subsidence of the sill. The shoreline on the south side of the pier is to be stabilized with a bulkhead for a distance of 46' where it will join the bulkhead on the neighboring property. Project Impacts RECEIVED NOV 13 2015 The project as proposed will result in the filling of Silver Lake bottom totaling 3, z 1, CITY sill and 1,881 ft2 backfill). The proposed bulkhead will disturb ±920 ft2 of highgr Carolyn U. Jones Silver Lake Hyde County Page Three backfill of the sill will convert shallow sandy bottom habitat into high and low marsh. There will be some localized short term turbidity during construction activities. Steve Trowell — Washington Regional Office — 5 November 2015 RECEIVED NOV 13 2015 DCM- MHD CITY V U Lc" %— .l I 1 DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve he filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) 11, Public or commercial development that does not involve he filling or excavation of any wetlands or open water areas $400 100% ($400) 0% ($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open ter areas, determine KA,B, C. or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed - because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) MID). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the I f j filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($265) 40% ($190) RECEIVED NOV 10 2015 DCM- MHD CITY 6 November 2015 Ms. Carolyn Jones PO Box 811 Ocracoke, NC 27960 Dear Ms. Jones: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR 1328 at the terminus of Silver Lake Road adjacent Silver Lake at the nethouse constructed by the last Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, Hyde County, North Carolina. It was received o127 October 20 and appears to be adequate for processing at this time. The projected deadline for making aision is 11 January 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Steve Trowell, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3854 or via email at _ if you have any questions. If this agency does not render a permit decision within 70 days from the 27 October 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED NOV 10 2015 DCM- MHD CITY Ms. Carolyn Jones 6 November 2015 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Cc: Doug Huggett WARO Sincerely, Steve Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office RECEIVED NOV 10 2015 DCM- MHD CITY T 1 (01* 17,j LAMA PERMIT APPLIED FOR n m I o� ROJECT: v �`'"'� s nos�S 4� C C)OSarLAC � 2 0 l o + of 6 � 1 0-ra _L �p . o Q n A ( CrertVs Cr Parl ��I A p�r,eS /� � C) m eX\4Prte, .ri,� JK'�� nG �� 1 P H'dl�(7� GCAln-i-Ql���P AS C2� bI A a<<, COMMENTS ACCEPTED THROUGH 2z? �Rv 'OEC aot s APPLICANT: ,• P �� �- _ _ i• FOR MORE DETAILS CONTACT THE LOCAL PERM FFICER BELOW: �tQ �1C'TYc?.�1p �l .pGC�X%F :y t '1=f4ii1MVQj11 Washington Daily News PO Box 1788 Washington, NC 27889 Please include the enclosed Notice of Filing in the Public Notice section of the 10 November 2016 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. NCDENR COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 Thank you. Sincerely, Sherry Tyson, Secretary Division of Coastal Management ATTACHMENT Cc: File RECEIVED NOV 10 2015 DCM- MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 27 October 201V According to the said application submitted by Carolyn Jones, applicant proposes to construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. Applicant also proposes to construct 46' of bulkhead along the normal water level, in Ocracoke, Hyde County, North Carolina A copy of the entire application maybe examined or copied at the office of Jonathan R. Howell, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 30 October 2015 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Steve Trowell, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mail Washington, North Carolina 27889 (252)948-3854 Please publish on:10 November 2015 RECEIVED NOV 10 DCM- MHD """This is a word processing form to be completed in Microsoft Word*"* NC Division of Coastal Management Major Permit Application Computer Shoot (02/15/2010) Applicant: 7©/ Date:11/5/2015 Project Site County tG Staff: �� / District: ❑Elizabeth CityQWashington []Morehead City ❑Wilmington Project Name: �!�`IJ 1 F Rover File:-- —__ Date application "received as complete" in the Field office (EX: 1/8/2007): ",/� ry5'L/�<- Permit Authorization: LAMA Aredge & Fill rBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ANo Photos Taken: Ye No❑ Setback Required (riparian): []YesNo Critical Habitat: []Yes JtNo ❑Not Sure 15 foot waiver obtained: ❑Ye4-pNo Hazard ifiration Returned: ❑Yes No SAV: ❑Yes KNo ❑Not Sure Shell Bottom: ❑Yes ❑No ❑ Not Sure Temporary Impacts: []Yes ❑No Sandbags: [_]Yes No ❑ Not Sure Did the land use classification come from county LUP:� es ❑No Mitigatior equired (optional): ❑Yes No Moratorium Conditions: ❑Yes No ❑NA Environ ntal Assessment Done: ❑Yes 2No ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) .Outstanding Resource Waters (ORW) WETLANDS IMPACTED Wll` ❑ (404) Corp. of Engineers Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia 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 III(A) Private w/ D&F up to 1 acre; 3490 [:1III(D) Priv. public or comm w/ D&F to 1 be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - $100 ❑ II. Public or commercial/no dredge and/or fill - $400 RECEIVED ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs NOV 10 Z015 DWQ agreement - $400 DCM- MHD CITY 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmananement.net revised: 02/15/10 NC Division, of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: 6t r%/y/l Date: 11/5/2015 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Replace,16 / i Man ❑ El N !` New Work J20 Replace Lg Maint ❑ ❑ Y'M N .� New Work Replace 3 F/ ff Maint ❑ ❑ Y N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ 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 New Work D Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace RECEIVED Maint❑ ❑Y El - New Work ❑ Replace Maint ❑ ❑ Y ❑ N NOV 110 2015 DCM— MHD CITY revised 02115110 NC,pivision of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: C�9 `t ✓yip Q /G Date: 11/5/2015 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 redge ❑ FiI1Z Both ❑ Other ❑ Dredge ❑ Fill ❑ Both 0 Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ - Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED Nov 10 2015 DCM- MHD CITY 252-808-2808 :: 1-8884RCOAST :: w .nccoastalmanagement.net revised: 02/15110 Postal ti CERTIFIED MAILP RECEIPT DomesticLLn s ir to YA(ATn� g�q maw rn cemred naaF�p�E3.45 s 0460 S treService�BFeeslNecxdu,WdM ❑Realm PaNpl mudcepY) rl 03 0 o O ORe RaMM (.b@aVO) ❑CaRiAed Mall RaleCed DeAary $ I s a i Lin P"M" ❑MNI Sl,.Wl RepulR] S j ' ' ' "= '-' Here o ❑MeK $kne4n RrblaMd WE S Poe age o $ E1.64 O Total Poetege eW "a E7.39 1(t/19/2015 vt $ a sem ro k --� 2 Ln S Ln S Ir ul M s 0 0 C3 0 S .D 0 Ll 0 rr ❑RMUM Recelpt maNapY7 f •V.UM ❑Realm Receipt (eleft) s L, Lill ❑CMlged Mell ReaW WDekw i in_1111 Adult Slgneture Reyulred $. 0Aduh SlgneWm Re HOW DOW" $ .ostege $1.64 .89 0460 03 POstmaM Mere 10/19/2015 rot CT -SM%tj-,_----- N L 2- 17 201 S PSN 7530 V 000 B047 1, RECEIVED NOV 10 2015 DCM- MHD CITY Letter of Notification 10/13/2015 Mr. Monroe Gasldil Post Office Box 193 Ocracoke, N.C. Dear Mr. Gaskill: Enclosed is my Major CAMA/Dredge and Fill Permit Application for a proposed offshore marsh sill and bulkhead to hopefully stabilize my shoreline on my property located 485 Silver Lake Drive adjacent Silver Lake on Ocracoke Island, North Carolina. The permit process requires me to notify you of my proposal to allow you to provide comments. If you have any questions or wish to comment on the project please send them to Mr. Jo nathan Howell, District Manager, Division of Coastal Management, 943 Washington Square Mall, Washington, N.C. 27889. Comments must be sent within 30 days of receipt of this package. I appreciate your assistance with the permit process. If you require further information or have a question about the project proposal please contact me at cursulaionesLuyahoo.com. Sincerely, Carolyn U. Jones, D.V.M. RECEIVED NOV 10 2015 DCM- MHD CITY Letter of Notification 10/132015 Mr. Herman Gaskins 214 E. Water St. Washington, N.C. Dear Mr. Gaskins: i \C Enclosed is my Major CAMA/Dredge and Fill permit Application for a proposed offshore in sill and bulkhead to hopefully stabilize my shoreline on my property located 485 Silver Lake Drive adjacent Silver Lake on Ocracoke Island, North Carolina. The permit process requires me to notify you of my proposal to allow you to provide comments. If you have any questions or wish to comment on the project please send them to Mr. Jo; aathan Howell, District Manager, Division of Coastal Management, 943 Washington Square Mall, Washington, N.C. 27889. Comments must be sent within 30 days of receipt of this package. I appreciate your assistance with the permit process. If you require further information or have a question about the project proposal please contact me at ar sulanies rcvahoo.com. Sincerely, Carolyn U. Jones, D.V.M. RECEIVED NOV 10 2015 DCM- MHD CITY FILED In Hydo County, MC e6 Y ®st CgpWe 6 PM ora yrp .a.r.� of wda BOOK 236 PAGE 113 L.T. k TAX PARCEL i_ 1 % Land Transfer Tax Excise Tax - $0.00 $EXEMPT Prepared by and return to: 3111109 Charles D. Evans (WITHOUT TITLE EXAMINATION) KELLOGG AND EVANS, P. A. P.O. Box 189 Manteo, NC 27954 NORTH CAROLINA, HYDE COUNTY THIS DEED OF GIFT made this the 13ch day of January 2009 by LOIS E. HOOKHAM, TRUSTEE OF THE CAROLYN U. JONES IRREVOCABLE TRUST —NO. 1, party of the first part, to CAROLYN U. JONES, TRUSTEE OF THE CAROLYN U. JONES REVOCABLE TRUST - 2006, of 390 Silver Lake Road, Ocracoke, NC DCM 27960, party of the second part: WITNESSETH: 10CT 20 Z05 THAT the said party of the first part, for and in valuable consideration and the sum of ONE ($1.00) DOLLAR paid to her by the said party of the second part, WARO the receipt of which is hereby acknowledged, has bargained, sold and conveyed, and by these presents does bargain, sell and convey unto the said party of the second part, her successors and assigns, all those certain lands lying and being on Ocracoke Island, Hyde County, North Carolina, and more particularly described as follows: FOR A COMPLETE DESCRIPTION OF THE LANDS HEREIN CONVEYED, SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. This conveyance is made subject to any outstanding ad valorem taxes and any easements, covenants and restrictions of record and any governmental rules and regulations that may affect the use thereof. TO HAVE AND TO HOLD the above described lands and premises together With all the privileges and appurtenances thereunto belonging unto the said party of the second part, her successors and assigns, in fee simple forever. AND the said party of the first part, for herself and her successors, covenants to and with the said party of the second part, her successors and assigns, that she has done nothing to impair such title as party of the first part received and party of the first part will warrant and defend the title against RECEIVED the lawful claims of all persons claiming by, under or through the party of the first part except for the exceptions herein stated and no further. NOV 10 2015 DCM- MHD CITY BOOK 236 PAGE 444 IN TESTIMONY WHEREOF the said party of the first part has hereunto set her hand and seal the day and year first above written. C Mj .� , wAb )SEAL) L IS E. HOO�STEE ,STATEOF V,¢"' l ' /COUNTY OF I, G046 `«a•eS a Notary Public of the County and State aforesaid, certify that LOIS E. HOOKHAM, TRUSTEE, personally appeared before me this day and acknowledged the execution of the foregoing inst ument. Witness my hand and official stomp or seal, this _� day of on.xru , 2009. Notary Public My Commission Expires: RREE N AW PUSU, COMMONWM NOFMGINU MY COMM""PISESN .1,, 1" CCMMISSION01141nS RECEIVED NOV 10 2015 DCM- MHD CITY BOOK 236 PAGE Ai5 EXHIBIT A IRREVOCABLE TRUST PROPERTIES TO REVOCABLE TRUST DESCRIPTIONS j - PARCEL ONE: A certain tract or lot of land together with any improvements thereon located on the Island of Ocracoke, in Ocracoke Township, Hyde County, North Carolina, which is definitely described as follows: TAX PARCEL# 1239 Fish House Property: BEGINNING at a point 10 feet Northwest of a concrete marker at the West corner of the Charlie Williams land on Silver Lake; thence running 150 feet in a Northwestwardly direction to the Doxsee line; thence running along the Doxsee line in an East Northeast direction to Silver Lake, a distance of 150 feet; thence running along said Silver Lake and with the meanders thereof, Southeast by South a distance of 150 feet; thence running West by South a distance of 150 feet to the point of beginning, containing (sic) of an acre, more or less. HOWEVER, there is excluded and excepted from this conveyance the lands and premises described in and conveyed by a deed dated the 10" day of July, 1952 from Gary Bragg and wife, Lena Bragg, to Thurman Styron and Wife, Sidny M. Styron, as appears of record in the Office of Register of Deeds of Hyde County, North Carolina in Deed Book 64, Page 164. Some being the lands conveyed to Samuel G. Jones by deed dated July, 1956, recorded in Book 68 Poaq 21 of the Hyde County Registry. PARCEL TWO: A certain lot or parcel of land togetherwith any improvements thereon located on the Island of Ocracoke in Ocracoke Township, Hyde County, North Carolina, which is definitely described as follows: BEGINNING at a point in the southwestward edge of Silver Lake, where the same is intersected by the Northwest line of that trot of land that is described in a deed from Owen Gaskill and wife to Samuel G. Jones dated July 12, 1956, and recorded in Hyde County in Deed Book 68, Page 21; thence running from said beginning point in a southwestwardly direction, along the Northwest line of the lot mentioned Jones tract, ISO feet, more or less to a point In the East or Northeast corner of that tract of land that is described in a deed from Ruth B. Gaskins and husband to Thurman Styron dated July 1, 1957, hereinafter referred to: thence running South 9 degrees 20 minutes West, to and through a concrete filled iron pipe, 41.1 feet to a point In the center of the paved highway; thence running North 80 degrees 40 minutes West, along the center of said paved highway, 27.3 feet to a point; thence running North 9 degrees 20 minutes East, 20 feet to a cement filled iron pipe; thence continuing North 9 degrees 20 minutes East, 54.6 feet to a cement filled iron pipe which is the beginning point of the land described in the aforesaid deed from Ruth B. Gaskins and husband to Thurman Styron; (the foregoing magnetic courses and distances were taken from a map prepared by Theodore Ronthaler, Registered Surveyor , January 22, 1957, entitled "Property of Thurmond Styron" which is or will be recorded in the Office of the Register of Deeds of Hyde County, North Carolina); thence running in a northeastwardly direction, along the Southeast line of the L.T. Wind land, approximately 150 feet, more or less, to a point in the Southwest edge of Silver Lake; thence running in a Southeastwardly direction, along the Southwest edge of Silver Lake and with the meanders thereof, 50 feet, more or less, to the point of beginning, containing _ (sic) of an acre, more or less. RECEIVED NOV 10 2015 DCM- MHD CITY WOK 236 PAGE 446 Subject however, to such easement as the public has over that part thereof that is located within the right of way of the Ocracoke Highway. Same being the lands conveyed to Samuel G. Jones by deed dated March 17, 1961 and recorded in Book 74, Page 81 of the Hyde County Registry. PARCEL THREE: All that certain lot or parcel of land together with any improvements thereon, more particularly described as follows: BEGINNING at a point in the center of the Ocracoke Public Road, where the some is intersected by the Southwest line of that tract of land that is described In a deed from Owen Gaskill and wife to Samuel G. Jones dated July 12, 1956, and recorded in Hyde County in Deed Book 68, Page 21; thence running in a Northwestwardly direction along the Southwest line of the last mentioned Jones tract, to a point in the southward comer of that tract of land that was conveyed to Thurman Styron and wife by Gary Bragg and wife by deed dated July 10, 1952, which is recorded in Hyde County in Deed Book 64, page 164; thence running in a southwardly direction, along the eastward line of that tract of land that was conveyed to Thurman Styron and (sic) by Ruth Gaskins and husband by deed dated the day of 19_, (sic) to a point in the center of the aforesaid highway; thence running in a southeastwardly direction along the center of said highway to the point of beginning, contained _ (sic) of an acre, more or less. This last mentioned tract is being conveyed subject to a public easement overthat part thereof that is included within the right of way of the Ocracoke Public Highway. Some being the "Third Tract' as described in deed dated August 22, 1959 and recorded in Book 71. Page 519 of the Hyde County Registry. 11 TAX PARCEL 81237 Unimproved Lot Next to House on Silver lake (551: A certain lot or parcel of land located on Ocracoke Island, in Ocracoke Township, Hyde County, North Carolina, which is definitely described as follows: BEGINNING in the westward edge and at the lowwater mark of Silver Lake at a point where the westward edge of Silver Lake is intersected by the southward line of that parcel of land that was conveyed to Samuel G. Jones by Ruth B. Gaskins by deed dated March 30, 1961, which deed is of record in the Office of the Register of Deeds of Hyde County, North Carolina, in Deed Book 74, Page 83; thence running from said beginning point North 89 degrees 57 minutes West, along the southward line of said Jones tract, 10 feet to a locust post in said line; thence continuing North 89 degrees 57 minutes West, along the southward line of the aforementioned Jones tract, 63 feet to anotherlocust post in said line; thence continuing North 89 degrees 57 minutes West, 26.9 feet to another locust post in one of the Southwest corners of the aforesaid Samuel G. Jones tract, which post is designated as being point "C" on "Map - Property of Eleanor Lee Gaskins..." prepared by Theodore Rondthaler, R.S., from a survey made January 23,1963, which map is recorded in Hyde County in Deed Book 77, Page 223; thence running North 02 degrees 50 minutes West, along another line of said Samuel G. Jones tract, 5.8 feet to another locust post designated as point "B" on the aforesaid map; thence running North 89 degrees 57 minutes West, along another line RECEIVED NOV 10 2015 DCM- MHD CITY BOOK 236 PAGE 447 of the aforementioned Samuel G. Jones tract, 70.9 feet to a point now or formerly marked by a "6" wp mid -driveway"; thence continuing along the said line of the Jones tract North 89 degrees 57 minutes West, 151 feet to a point in the center of what is referred to on the above referred to map as "See Sam Jones map 2/18/61 for orientation of this wood post in mid - driveway;" thence continuing North 89 degrees 57 minutes West, along the line of said Jones tract, 18.4 feet to a nail in the middle of the paved portion of North Carolina State Road No. 1328; thence running South 01 degree 15 minutes West, along the center of said road, 59.8 feet to a point in the center of said road; thence running South 89 degrees 57 minutes East, 325.3 feet, more or less, to a point in the "Low water's edge; Silver Lake harbor," thence running in a generally northeastwardly direction, along the edge of Silver Lake at low water mark and with the meanders thereof, _ (sic) foot, more or less, to the point of beginning, containing _ (sic) Acres, more or less. The foregoing courses are magnetic as of 1963 (06W) and said courses and distances were determined from the hereinabove referred to Rondthaler map. Same being the lands conveyed to Ursula B. Jones et at by deed dated April 18, 1975, recorded in Book 99, Paae 941 of the Hyde County Registry. III. TAX PARCEL #1241 Homeplace awo Houses) 390 Silver Lake Road: PARCEL ONE: A certain tract or parcel of land together with any improvements thereon in Ocracoke Township, Hyde County, North Carolina, bounded and described as follows: BEGINNING at the corner of W.S. Bragg's graveyard and running an Eastwardly course to Silver Lake; thence with the shore line of said Lake a Northwardly course 100 feet; thence a Westwardly course 100 feet to a post; thence a Southwordly course 100 feet to the beginning, containing— (sic) or an acre, and being the identical land described and conveyed by deed dated the 141" day of December, 1946, by Mary Bragg and husband, Henry Bragg, to Marie S. Womac, as appears of record in the office of the Register of Deeds of Hyde County in Book 63, on page 493. Said deed and the record thereof are hereby referred to and made a part hereof for descriptive purposes, as is also a plat of the land attached hereto likewise made a part of this deed for descriptive purposes. Some being the lands conveyed to Samuel G. Jones by deed dated May 22, 1956 and recorded in Book 67, pace 439 of the Hyde County Registry. PARCEL TWO: Those certain three tracts or parcels of land together with any improvements thereon located on Ocracoke Island, Ocracoke Township, Hyde County, North Carolina, which are definitely described as follows: BEGINNING at a point in the Southwest corner of that tract of land that is described in a deed from Marie S. Womac to Samuel G. Jones dated May 22,1958. recorded in Hyde County in Deed Book 67, page 439 (said point of beginning Is also in the Southeast corner of the Bragg graveyard); thence running from said beginning point in a southwardly direction and at right angles to the southward line of the aforesaid Womac tract, 10 feet to a locust post; thence running in an eastwardly direction, parallel with and 10 feet South from the southward line of the said Womac tract, 78 feet, more or less, to another locust post; thence running in a northeastwardly direction 33 feet, more or less, to the Southeast corner of the aforesaid Womac tract; RECEIVED NOV 10 2015 DCM- MHD CITY BOOK 236 PAGE 440 thence running in a westwardly direction, along the southward line of said Womac tract to the point of beginning, containing _ (sic) of an acre, more or less. Same being "First Tract" as described in deed dated August 22, 1959 recorded in Book 71, page 519 of the Hyde County Registry. PARCEL THREE: All that certain lot or parcel of land together with any improvements thereon, more particularly described as follows: BEGINNING at a point in the westward line of that tract of land that is described in a deed from Marie S. Womac to Samuel G. Jones dated May 22, 1956, supra., where the same is intersected by the northward line of the Bragg cemetery lot (said point of beginning is also located 33 feet in a northwardly direction from the beginning point of the "First Tract" hereinabove described); thence running in a westwardlydirection, along the northward line of said Cemetery lot, 39 feet to a point in the northwestward corner; thence running in a southwardly direction, along the westward line of said cemetery lot, 33 feet to a point in the Southwest corner thereof; thence running in a westwardly direction (the some being on the same course as the southward lines of the aforesaid Samuel G. Jones' Womac tract and the Bragg Cemetery lot) to a point in the eastward edge of the right of way of the Ocracoke Public Highway; thence running in a northwardly direction, along the eastward edge of the highwayright of way to a point in the Southwest corner of that tract of land described in a d deed from Mary E. Bragg to Charles Runyan and wife dated May 5, 1956, and recorded in Deed Book 67, page 385; thence running in a eastwardly direction, along the southward line of the last mentioned Runyan tract, to a point in the West line of the aforesaid Samuel G. Jones' Womac tract; thence running in a southwardly direction, along the westward line of the aforesaid Samuel G. Jones' Womac tract, to the point of beginning, containing (sic) of an acre, more or less. Same being "Second Tract" as described in deed dated August 22, 1959 recorded in Book 71, page 519 of the Hyde County Registry. PARCEL FOUR: A certain tract or parcel of land together with any improvements thereon located in Ocracoke Township, Hyde County, North Carolina, which is bounded now or formerly as follows: BEGINNING at the corner of W.S. Bragg's graveyard and running an eastwordiy course 100 feet to Silver Lake; thence with the shore line of said lake a northwardly course 100 feet; thence a westwardly course 100 feet to a post; thence a southwardly course 100 feet to the beginning, containing (sic) of an acre, and being the identical land described and conveyed by deed dated the 14" day of December 1946, by Mary Bragg and husband, Henry Bragg, to Marie S. Womac as owners of record in the office of the Register of Deeds of Hyde County in Deed Book 63, page 493. Some being the lands conveyed to Samuel G. Jones by deed dated October 17, 1959, recorded in Book 71. Rage 560 of the Hyde County Registry. PARCEL FIVE: That certain tract or parcel of land together with any improvements thereon located in Ocracoke Township, Hyde County, North Carolina, which is more definitely described according to "Plot to Designate Property Purchased and Right of Way Between Sam Jones and Ruth Bragg Gaskins" prepared by Theodore Rondtholer, R.S., from a survey made RECEIVED NOV 10 2015 DCM- MHD CITY BOOK 236 PAGE 449 February 18, 1961, which plat is or will be recorded in the Office of the Register of Deeds of Hyde County, North Carolina, in Deed Book 74, Page 268 as follows: BEGINNING at a point in the westward edge of Silver Lake where the some is intersected by the southward line of the tract of land that was conveyed by Marie S. Womac to Samuel G. Jones by deed dated May 22, 1958, as corrected by quit -claim deed from Marie S. Womac and husband dated October 17, 1959, which are recorded in Hyde County in Deed Book 67, page 439, and deed Book 71, page 560, respectively, which is hereinafter referred to as the "Womac Tract' (said beginning point is also located on a course North 86 degrees 40 minutes East from a locust post that marks the Northeast comer of that tract of land described as the "First Tract' in a deed from Ruth Gaskins and husband to Samuel G. Jones, dated August 22, 1959, recorded in Hyde County, North Carolina, in Deed Book 71, page 519); thence running from said beginning point South 86 degrees 40 minutes West, along the southward line of said original Womac tract, 78 feet, more or less, to a locust post that marks the Northeast comer of the tract of land described in the deed from Ruth Gaskins and husband to Samuel G. Jones, dated August 22, 1959, supra., hereinafter referred to as the "Gaskins Tract'; thence running South _ (sic) degrees _ (sic) minutes West, along another line of said Gaskins Tract, 33 feet, more or less, to another locust post; thence running South 86 degrees 40 minutes West, along another line of said Gaskins tract, 78 feet, more or less, to a point in the Southwest comer of said Gaskins Tract; thence running North 3 degrees 20 minutes East, along another line of said Gaskins Tract, 10 feet to a point in the Southeast comer of the Bragg graveyard; thence running South 84 degrees 10 minutes West, along the southward line of said graveyard and along the southward line of the "Second Tract' described in the deed from Ruth Gaskins and husband to Samuel G. Jones, supra., 152.1 feet to a locust post set 18.4 feet in an eastwardly direction from the center line of the paved road when measured perpendicular thereto; thence running South 89 degrees 55 minutes East, 152.4 feet to a locust post; thence continuing South 89 degrees 55 minutes East 70.9 feet to another locust post; thence running South 02 degrees 50 minutes East, 5.8 feet to a locust post; thence running South 89 degrees 59 minutes East 26.9 feet to another locust post; thence running South 69 degrees 55 minutes East 63 feet, more or less, to a point in the westward edge of Silver Lake; thence running in a northeastwardly direction, along the westward edge of Silver Lake and with the meanders thereof to the point of beginning. This conveyance is being made subject to such easement as the public has over that part of said land that lies within the right of way of the public road. Some being the lands conveyed to Samuel G. Jones by deed dated March 30, 1961, recorded in Book 74. Pace 83 of the Hyde County Registry. As to all Parcels referenced herein, same being the properties conveyed to Lois E. Hookhom and Ursula B. Jones, Trustees of the Carolyn U. Jones Irrevocable Trust - No. 1, dated December 8, 2000, and duly recorded in Book 178, Page 686 of the Hyde County Registry; the said Lois E. Hookhom being the surviving and successorTrustee, Ursula B. Jones who died a resident of Virginia Beach, Virginia on November 2, 2005. RECEIVED NOV 10 2015 DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Carolyn U. Jones 2. LOCATION OF PROJECT SITE: The project site is located off SR 1328 at the terminus of Silver Lake road adjacent Silver Lake at the nethouse constructed by the late Sam Jones on Silver Lake off the Pamlico Sound in Ocracoke Village, Hyde County, North Carolina. Photo Index - 2006: 90-7883; M-6 2000: 90-1041; L-1 1995: 90-960; L-13 State Plane Coordinates - X: 2,990,800 Y: 509,700 Portsmouth Quad. (upper right comer) 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —15 and 30 September 2015,28 October 2015 Was Applicant Present - Yes 5 91 PROCESSING PROCEDURE: Application Received — 27 October 2015 SITE DESCRIPTION: Office - Washington RECEIVED (A) Local Land Use Plan - Hyde County DEC 0 7 2015 Land Classification - Community (uplands), Conservation (Water) (B) AEC(s) Involved: EW, PTA, CS DC (D) Water Dependent: Yes M' MHD CITY (D) Intended Use: Private PAM (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing — Nonconforming "nethouse" with associated access pier. Planned - Offshore riprap sill and bulkhead (G) Estimated Annual Rate of Erosion: 20' average (applicant reported). HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHE (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 1,368 ft2(offshore sill) 1,881 ft(sill backfill) Silver Lake Bottom (C) Other 920 ftz (bulkhead (Uplands) backfill) (D) Total Area Disturbed: 4,169 ftz (0.10 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No PROJECT SUMMARY: The applicant proposes to construct an offshore sill with a 12' wide base x 114' long out of granite riprap to dissipate wave and currents created by ferries entering and existing Silver Lake. The applicant also proposes to construct 46' of bulkhead along the normal water level. Carolyn U. Jones Silver Lake Hyde County Project Setting RECEIVED DEC 0 7 2015 DCM- MHD CITY The 0.46 acre project site is located at the terminus of SR 1328, Silver Lake Road, on the south side of Silver Lake harbor directly across from the NC Department of Transportation (NC DOT) Ferry terminal in Ocracoke Village, Hyde County, North Carolina. The site is somewhat undeveloped parcel with approximately half of the parcel square footage being Coastal Wetlands marsh. The Coastal wetland is vegetated with three square ci s .), salt grass Distichlis s icata and salt meadow hay (Spartina patens). There appears to be some uplands on the landward side of the Coastal Wetlands vegetated with wax myrtle, saltbush and red cedar. Also, there is an area of uplands adjacent Silver Lake harbor on the east side of the pier. The landward limit of the wetlands on the property were not delineated for the purpose of this application. The site has been used as a harbor of refuge for commercial fishing operations. There is an access pier that leads to a two story non -conforming "nethouse" over Silver Lake. Commercial fishing vessels, mainly outboard powered skiffs and center console boats moor "side to" the nethouse. Vehicular traffic uses an unimproved sandy path to access the shoreline at the project site. Commercial fishing gear, mainly gill nets, are stored or staged along the shoreline mainly gill nets. The neighboring property to the south once served as a commercial fishhouse. The infrastructure supporting this use has collapsed. This property is the subject of Major CAMA/Dredge and Fill permit no. 101-06 for a ten slip pier with associated parking and a commercial building. A dilapidated bulkhead stabilizes this neighboring shoreline and is to be replaced authorized by the aforementioned permit. The neighboring property on the north side is developed residential with a recently built home and has a pier with a platform and open boatlift. The shoreline on this property is stabilized with a combination of a bulkhead and riprap revetment. The bulkhead was constructed in the summer of 2001, Shortly after the bulkhead was built the property owner constructed the riprap revetment to dissipate the surge created by ferry traffic and the resulting erosion of the bulkhead backfill. The riprap revetment has settled to the normal water level (NWL)• The project site shoreline is characterized with a sandy overwash beach most likely pushed up by the surge created by the ferry traffic utilizing the terminal much like a sandy estuarine beachlberm is created by wind generated waves breaking on a marsh deposit sand creating a sandy berm beach. The ferry terminal is located approximately 650' directly across Silver Lake. Water depths in the nearshore area are shallow generally minus fl' below the NWL and then deepen significantly ±50' offshore. Ferry traffic entering the harbor first pulls water away from the shoreline exposing the bottom as the vessel enters the harbor. Then as it passes and makes the turn into the ferry slip the water rushes back in a surge. This intial water movement is most likely caused by water displacement by the ferry vessel. A secondary current is established by the prop wash as the ferry remains docked in the slip with the thrust of the propeller used to hold the vessel in place during loading and unloading. Recently, the sand berm has begun to erode without any replenishment exposing the Coastal Wetland marsh peat causing it to break off and erode. Erosion of the project site shoreline is depositing sand on the neighboring shoreline to the south downstream of the RECEIVED Carolyn U. Jones Silver Lake Hyde County Page Two DEC 0 7 2015 DCM- MHD CITY current created by ferry traffic. DCM staff was on the project site in September and October of this year concerning the proposed project. An assessment of the nearshore aquatic resources including habitats and shellfish did not reveal any significant shellfish resource nor submerged aquatic vegetation. Silver Lake harbor is classified as SC by the Environmental Management Commission and Coastal Waters by the Marine Fisheries Commission and is closed to shellfishing. Project Description The applicant proposes to stabilize the Coastal Wetland shoreline by constructing a marsh sill out of granite riprap with a 12' wide base width, 2' above the NWL and 114' long. The sill will join the bulkheadhiprap revetment on the north side and extend across to the existing pier and nethouse. This alignment will allow for a 10' wide opening on the south side. Although marsh sills typically have open water on each end for water circulation and aquatic life movement, the applicant was concerned with the surge and currents working through the north end refracting off the adjacent hardened shorelines. Also, the surge is strongest on the north side of the project area as ferries enter the harbor. The applicant is also requesting to build the sill 2' above the NWL in an effort to dissipate the surge and prevent excessive over topping of the sill. The sill is proposed to be backfilled with sand from a local dredging project. The grading plan will use the same elevations relative to sea level as those used across the harbor at the NCCAT site and the marsh sill authorized by Major CAMA/Dredge and Fill permit no.219-06. The filled area behind the sill will grade down north to south with the highest elevations on the north end at 1.5' above sea level grading down to minus 0.5' below sea level. The NWL in the harbor is f0.50 above sea level. The filled area is to be planted with Coastal wetland species including black needlerush (Anus roemerianus), salt meadow hay (Spartina patens) at elevations 1.5' to 1.0' above sea level and Spartina alterniflora from 1.0' to minus 0.50 below sea level. A surveyor will be employed to stake out the grading plan. The granite riprap will be staged on highground at the end of Silver Lake road. A skid steer will move the rock from the stock pile to the shoreline on logging mats over the marsh to a steel rock box container also supported by logging mats. A long reach excavator supported by more logging mats will place the stone. The riprap sill will be supported on the harbor bottom with a heavy nylon mat in an effort to preventing subsidence of the sill. The shoreline on the south side of the pier is to be stabilized with a bulkhead for a distance of 46' where it will join the bulkhead on the neighboring property. Project Impacts The project as proposed will result in the filling of Silver Lake bottom totaling 3,249 ft2 (1,328 ft2 sill and 1,881 ft2 backfill). The proposed bulkhead will disturb ±920 ft2 of highground. The Carolyn U. Jones Silver Lake Hyde County Page Three RECEIVED DEC 0 7 2015 DCM- MHD CITY backfill of the sill will convert shallow sandy bottom habitat into high and low marsh. There will be some localized short term turbidity during construction activities. Steve Trowell — Washington Regional Office — g November 2015 RECEIVED DEC 072015 CAMIA Major Application Project Narrative Carolyn U. Jones D.V.M. re: Jones Fish House shorelii®GaUr M41 D CITY,, This property is located directly across Silver Lake from the ferry docks. It has approx. 160' of soft shoreline. The only structure is the old Sam Jones fish house over the water. I have no plans to build a new structure. The property has never been hardened, yet has held its own and has even gained sand up until June 2015. During the prior year we noticed underwater sand loss around the fish house and its piers. We can now dock boats on the shore side of the fish house, whereas, in the past, it was always too shallow. When a ferry enters the harbor, a "tsunami" occurs. The water recedes, exposing the seabed, then in come rolling waves of I' to 2'. This cycle repeats a couple times with each ferry arrival. Steve Trowell and Kelly Spivey of LAMA witnessed this event on 9/30/15. Mr. Trowell and Jonathan Howell of CAMA witnessed this event on 9/15/15. With this summer's increased ferry schedule, the "tsunamis" occurred nine times a day. This property has lost approximately twenty feet of shoreline and two feet of vertical elevation since June of 2015. There are two erosion cliffs. Marsh grass roots, peat, and very old rip-rap(WWII?) are now exposed. Grasses once visibly on dry land are out in the water. The rate of erosion is extremely rapid, in fact you can see it happening before your eyes. Tufts of grass floating off, ferry wash carving thru the driveway, carrying off sand and rip -rap which lay buried for half a century. The ferry overwash now cuts through the driveway, which becomes a canal, and then covers about 50 feet of the adjacent state road, Silver Lake Drive. The amount of ferry overwash is related to: the size of the ferry, how heavily loaded the ferry is, how fast the ferry is going, and the wind and tide. It became apparent over the weekend of Sept 26t , 2015 that the property can no longer withstand the northeast winds which we commonly get in the winter. The rate of erosion has increased to the point where it does not seem that the property can withstand the continued erosion while I wait the 75-100 days for CAMiA approval. The property is designated, according to a 1998 survey as one third 404 wetlands (6,724 sq ft) and two thirds uplands (13,467 sq ft). My plan (see attached LAMA Major application drawing), is to place a rock sill, 12' wide x 114' long from Herman Gaskins bulkhead to the pier on my property. The sill will join the bulkhead on Gaskins to prevent the surge from ferries entering Silver Lake, and their prop wash, from working through an opening on this end. The sill will have a height of 3' from the bottom of Silver Lake which should allow for a sill that is 1.5' to 2' above the normal water level. This is necessary to prevent the ferry surge from over topping the sill. The center line of the sill will be approximately 24' waterward of the normal water level at its farthest point offshore. Sill construction methodology: The rock will be stored at the driveway entrance on the property. The rock will be moved in individual buckets with a bobcat track machine and dumped in a steel spoil containment box to minimize disturbance of the ground. The rock will then be dug from the containment box with a long reach excavator on crane mats and placed on the sill. After the sill is complete, sand will be dumped on the driveway, scooped with a track bobcat, and then dumped to backfill behind the sill to provide the proper elevation to plant marsh. The backfill will grade from 1.5' above sea level on the west end next to Gaskins property to -0.5' below sea level. High marsh species, Juncus roemerianus and Spartina patens will be planted from 1.5' down to 1.0' above sea level. J. roemerianus planting will continue transitioning to Spartina alterniflora to the I0' wide opening ending at an elevation of 0.5'. A surveyor will be employed to stake out the grading plan. These planting elevations are the same as those used at the nearby NCCAT facility. My plan also includes a vertical bulkhead from the fish house pier to the right border (Monroe Gaskill), where there are no wetlands. This will protect the shoreline and allow water to nourish the replenishment area behind the sill as there will be over ten feet separating it from the sill. This side will also require sand fill. I hope that the NC Division of Coastal Management will see fit to approve my application because: 1) The cause of the erosion is clearly the ferry overwash exacerbated by the increasedR E C E I V E D ferry traffic. It is man-made, not natural erosion. 2) 404 wetlands are being lost. DEC 0 7 3) 20' x 160' or more of property has been lost. ��15 4) The state road (Silver Lake Drive) is threatened. 5) The fish house property has environmental, cultural, historical, community, anPC M- M H D CITY commercial value. 6) The property owner (myself) has in no way caused or exacerbated this erosion. DGO C7f?�� o moo- a D DEC 07 2015 I. p�M- MHD CITY North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicainl/ Landowner Information — Business Name Project Name (d aao"olicable) i h6 5, 1 (5t) S60(t l;h6 Last Name Applicant 1: First Name MI U, Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State i I ocracokp In/( -- ZIP Country Phone No. ► Oft FAX No. 72`leiW USA 252 q28-Z616 am. Street Address (HdNferent from above) 310 S� Ive-r Z-xe Dr, (� C f ScoiCe (11CC State ZIP P''% � b Email C Lk %-S LkIQ artC':s do®o, CoM 2. AgentlContractorinformation A Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on backs Cd,r, lY, L). 5=+ej D K M, Form DCM MP-1 (Page 2 of 4) RECEIVED APPLICATI)OW for Major Development Permit DEC 0 7 2015 3. Project Location Counnty(can be multiple) 1'A J,e Street Address' �ie -. -0� Sdvee-L�" �3Rd. 1 Z9 Subdivision Name �® p fI T9 city � Ocn C-m k state /v c zip Zr7g6® Phone No. 902z - "Imbs, Lot No.(s) (if many, attach additional page with list) 1VJA 2,2-9z%-Z616(� 3-s2--qzs-OLi'257 I I I , a. In which -NC river basin is the project located? b. Name of body of water nearest top y project S.)Vei L-olce Q GCa B"cc. �6u c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water bo(div to the proposed project site. Natural ❑Manmade ❑Unknown PLi)n�OaCe 5(`jV v9 c'� e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed Dyes XNO work falls within. g 0C'r kCAe Ke— V 4. Site Descilpdon a. Total length of shoreline on the tract (ft.) 16 1 ; + b. Size of entire tract (sq.1L) '2 0, ¢ q 6 ;+Z ,16 Ac-t,e t _ c. Size of individual lot(s) / /t A d. Approximate elevation of tract above NHW (normal high water) or • IV NWL (normal water level) .t S , ` (If many lot sizes, please attach additional page with a list) ❑NHW or MNWL e. Vegetation on tracill M c4 GRS�C@i p 1�18 �a.�C P"�'o pG� -54 4 5'r Sa f. Man-made features ppand uses now on tract pp GC J-1,'t-.6'rC-z'kA kkrlpar g. Identify and d cribe the existing land uses adiacenp to the proposed project she. Aso �etrst4kB jack pfi6rc L�ttr� ems- Ill ha*e-t" � �/ PaC€� h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Dyes ❑No ;KNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes YLNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes o ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does ft involve a Dyes �lo DNA National Register listed or eligible property? <Formt continues on nett page Form DCM MP-1 (Page 3 of 4) RECEIVED APPLICAT M for DEC 0 7 2015 Major Development Permit: m. (1) Are there wetlands on the site? DCM- M H D CITY Pas ITYPas ❑No (if) Are there coastal wetlands on the site? UYes []No (III) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes NVo (Attach documentation, if available) ' f- n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems.. G S. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Pubtic/Govemment ,)MPnvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. 5ibi11 5hpe�9i�! t^��ts C��7t��� �•L5 p�wae�si�c:n ccsr.m,�c�I� '�a �Bc<� a �a�9',,.tam� rive P;cu'^ a� d,yYl�Ote� Sides c. Describe the proposed construction methodology, types of construction equipment to be used duringoarstruction, the number of each type of equipment and where it is to be stored. lfs R �'C.a+C.(r9 $.7C C�+ty �d}a ;'"a=L'- r"'t p rta f + s j;W . rra 6b� - 4:1 re 6,bCk-t -;-m � � ne �'t 11 �c.,.� t= pwcve- rop l -f� %tsc CC'VetC>r' RciCk box an V+*L+5 "i*y cont+titi r4p &ockc 'lit: cis w� t0a o �t�c: d. Lrst all de elopment acti Aes you propose. r%1Gae!0I 5rd1 e. Are the proposed activities maintenance of an existing project, ew vrork, . r both? J5+ci®e lip Sk-r-Gig" (1 6%e— f. What is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or ❑Acres, 1IS S1 f+7- ilea -W � Te>tovr .,1' vah 1 6un�b t 690 �$ +-ra:ch S'ct! (,'36� E g. Will the proposed project encroach on any public easement, public accessway, or other area ❑Yes ONO []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. su Lt�. t-Uil a I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ffNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No eN[KA j. is there any mitigation proposed? ❑Yes_ No ❑NA If yes, attach a mitigation proposal. <Form continues on becks rk Z Form DCM NAP-1 (Page 4 of 4) RECEIVED ,�pLICent Pe for Major Development Permit DEC 0 7 2015 6. Additional information �/��t� A�L1 In addition to this completed application form, (MP-1) the following items bal/l�yJrk�tphcayFr q®®��??%%qqfr11� dd m order for Me application package to be complete. items (a) — (0 are always applicable to any major development applicaaon.'PlerasEconsuft the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mall. 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 M O n row Gl-<-5 i « Phone No. 252.- G2- 5 751 Address PO L3OX 16i3 , OCc«ccr Ict r NL a of (,D Name Her huu. (sci:s Ic; rus r Phone No. Address 219E Water St �lfJr,51.'•..�lNC z17$8ci 252- 362- 1100 Name Phan No. Addressg. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dells. N/" h. Signed consultant or agent authorization form, if applicable. N /119 - I 4' • 15 I. Wetland delineation, Hnecessary. „ .- j. A signed AEC hazard notice for projects in oceanfront and inlet arms. (Must be signed by property owner) /V /EAL 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. Jy 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 me apprtcaeun. 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 7 information provided in this application is truthful to the best offknowledge. Date 9D 6 iS Print Name CQP-a n u• Joiie-S D,V•01, Signature U� Please indicate application attachments pertaining to your proposed project. WDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP4 Structures Information F®m ®cpa Up-2 RECEIVED EXC V2,517 M &nd FULL L DEC 0 7 2015 gSX06[p4 f it Ibuldgas Md cow5welft) D9M- MIND 9�ThY Attach this form to Joint Application for LAMA Major Permit, Form DCM MP•1. Be sure to comp e4e all o er sectio h Joinl Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activRies. Atl values should be given In feat. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Bock Breakwater (excluding shoreline (WLhrr or stabilization GVWL) Length 114, Width 120 Avg. Existing NA Depth Final Project NA NA Depth 8. EXCAVATION >fThis section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (t) Does the area to be excavated include coastal wetlandstmarsh d. High -ground excavation In cubic yards. t--, (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 11 or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAv ❑s6 DCT: 7 ZUP5 ❑WL _ ❑None (it) Describe the purpose of the excavation in these areas: Pi 1.,1 j�,. . 2. DISPOSAL OF EXCAVATE® MATERIAL is section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (I) Will a disposal area be available for future maintenance? []Yes ❑No ❑NA []Yes ❑No ❑NA (li) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (I) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL []None (it) Describe the purpose of disposal in these areas: I. (I) Does the disposal include any area in the water? []Yes ❑No ❑NA (it) If yes, how much water area is affected? 3. SHORELINE STAB LIZATION (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b• ulkhead ❑Riprap breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: d. -) z , 5, Q. e. Type of stabilization material: f. ❑This section not applicable RECEIV Length: r 'i6' D Width: J2°; L' DEC 07 2015 Maximum distance waterward of NHW or NWL: sni , 2' rrr rrrM" v CITY (i) Has there been shoreline erosion during preceding 12 months? Mes []No [:]NA (I) If yes, state amount of erosion and source of erosion amount information. 2.0 ` ttur— sec try C1Vc1' Lxsk g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill _ Riprap _ tc- Breakwater/Sill Ja6'g Other_ t. Source of fill material. t+ �` Kr-r Bt tre rock ou��r� fiae4@ &4f r c vr; -Yac-t i rt,t 4. OTHER FILL ACTIVITIES ❑Thissapj lloable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? Wyes ❑No ]NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), rcnvl ehati bottom (881, or If yes, �Al other wetlands (WL)? If any boxes are checked, provide the (if) Amount of material to be placed in the water \ number of square feet affected. (III) Dimensions of fill area F$'a (14,5, xjjH') ❑CW _ ❑SAV ,_ ❑SB (iv) Purpose of fill ❑WL None r, `, �5� t� �� C*l &^k (if) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? TVi^C�.�o Si6r Cot.�rlrc@ c. (I) Will navigational aids be required as a result of the project? d. ❑Yes []No fPQA (ii) If yes, explain what type and how they will be implemented. t® rrywa ,..��ro What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? baLk— Inget dY.s dew r s�YC��a3Ct�� y 6c>6Cs%r� Auy crock (i) Will wetlands be crossed in transporting equipment to Project site? )<as [:]No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. t (spa a r ru h4+-'1' S r ro� 6�x 3orl 0 `'2' ox LLI um 0 KIP's-f ul LU -p k 5Y1 C21 Ey"! 11 h I ,ne " vn' t YV F- w > sol 99 [u- Cot I'va qY") VIM,! 7-7 ov's cob FILED IIn1B Hyde County, NC on ar L 8 of 60 PH : an p touter of , BOOK A PAGE 443 v;1q-Pfi— rc'+✓1.�2�`l �I Pti t°rb/, RECEIVED DEC 0 7 Z-915 LT. df DCM— MHD CeTY TAX PARCEL lr I % Land Transfer Tax - $EXEMPT Exclu Tax - $0.00 Prepared by and return to: 3111109 Charles D. Evans (WITHOUT TITLE EXAMINATION) KELLOGG AND EVANS, P. A. P.O. Box 189 Manteo, NC 27954 NORTH CAROLINA, HYDE COUNTY THIS DEED OF GIFT made this the 13th day of January 2009 by LOIS E. HOOKHAM, TRUSTEE OF THE CAROLYN U. JONES IRREVOCABLE TRUST -NO. 1, party of the first part, to CAROLYN U. JONES, TRUSTEE OF THE CAROLYN U. JONES REVOCABLE TRUST - 2006, of 390 Silver Lake Road, Ocracoke, NC 27960, party of the second part: ]' T WITNESSETH: 'QCT 20 Z05 THAT the said party of the first part, for and in valuable consideration and the sum of ONE ($1.00) DOLLAR paid to her by the said party of the second part, 1 A (® RU the receipt of which is hereby acknowledged, has bargained, sold and �' y /'a conveyed, and by these presents does bargain, sell and convey unto the said party of the second part, her successors and assigns, all those certain lands lying and being on Ocracoke Island, Hyde County, North Carolina, and more particularly described as follows: FOR A COMPLETE DESCRIPTION OF THE LANDS HEREIN CONVEYED, SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. This conveyance is made subject to any outstanding ad valorem taxes and any easements, covenants and restrictions of record and any governmental rules and regulations that may affect the use thereof. TO HAVE AND TO HOLD the above described lands and premises together with all the privileges and appurtenances thereunto belonging unto the said party of the second part, her successors and assigns, in fee simple forever. AND the said party of the first part, for herself and her successors, covenants to and with the said party of the second part, her successors and assigns, that she has done nothing to impair such title as party of the first part received and party of the first partwill warrant and defend the fifle against the lawful claims of all persons claiming by, under or through the party of the first part except for the exceptions herein stated and no further. BOOK 236 PAGE 444 IN TESTIMONY WHEREOF the said party of the first part has hereunto set her hand and seal the day and year first above written. OISE. ASTEJ (SEAL) V/COF V�2c„v,n OUNTY OF cc N n 3Fnct I, Gos5? 4& kCleS a Notary Public of the County and State aforesaid, certify that LOIS E. HOOKHAM, TRUSTEE, personally appeared before me this day and acknowledged the execution of the foregoing inst ment. Witness my hand and official stamp or seal, this �= day of 2009. Notary Public My Commission Expires: as AW NNEB ueuc MY CIXAMie6pNELLTH OF VIFpINIq ��M ,I:M"yIR O NM. X. 20,t RECEIVED DEC 0 7 2015 DCM- MHD CITY BOOK 236 PAGE 415 EXHIBIT A IRREVOCABLE TRUST [ES TO REV O CABLETRUST DESCRIPTIONS ��• TAX PARCEL# 1239 Fish HouProperty- PARCELe ONE: A certain tract or lot of land together with any improvements thereon located on the Island of Ocracoke, in Ocracoke Township, Hyde County, North Carolina, which is definitely described as follows: BEGINNING at a point 10 feet Northwest of a concrete marker at the West corner of the Charlie Williams land on Silver Lake; thence running 150 feet in a Northwestwordly direction to the Doxsee line; thence running along the Doxsee line in an East Northeast direction to Silver Lake, a distance of 150 feet; thence running along said Silver Lake and with the meanders thereof, Southeast by South a distance of 150 feet; thence running West by South a distance of 150 feet to the point of beginning, containing sic of an acre, more or less. HOWEVER, there is excluded and excepted from this conveyance the lands and premises described in and conveyed by a deed dated the I e day of July, 1952 from Gary Bragg and wife, Lena Bragg, to Thurman Styron and wife, Sidny M. Styron, as appears of record in the Office of Register of Deeds of Hyde County, North Carolina in Deed Book 64, Page 164. Same being the lands conveyed to Samuel G. Jones by deed dated July, 1956, recorded in of the Hyde County Registry, PARCELTWO: A certain lot or parcel of land together with any Improvements thereon located on the Island of Ocracoke in Ocracoke Township, Hyde County, North Carolina, which is definitely described as follows: BEGINNING at a point in the southwestward edge of Silver Lake, where the same is intersected by the Northwest line of that hat of land that is described in a deed from Owen Gaskill and wife to Samuel G. Jones dated July 12, 1956, and recorded in Hyde County in Deed Book 68, Page 21; thence running from said beginning point in a southwestwordly direction, along the Northwest line of the lat mentioned Jones tract, 150 feet, more or less to a point in the East or Northeast corner of that tract of land that is described in . a deed from Ruth B. Gaskins and husband to Thurman Styron dated July 1, 1957, hereinafter referred to: thence running South 9 degrees 20 minutes West, to and through a concrete filled iron pipe, 41.1 feet to a point in the center of the paved highway; thence running North 80 degrees 40 minutes West, along the center of said paved highway, 27.3 feet to a point; thence running North 9 degrees 20 minutes East, 20 feet to a cement filled iron pipe; thence continuing North 9 degrees 20 minutes East, 54.6 feet to a cement filled iron pipe which is the beginning point of the land described in the aforesaid deed from Ruth B. Gaskins and husband to Thurman Styron; (the foregoing magnetic courses and distances were taken from a map prepared by Theodore Ronthaler, Registered Surveyor , January 22, 1957, entitled "Property of Thurmond Styron" which is or will be recorded in the Office of the Register of Deeds of Hyde County, North Carolina); thence running in a northeastwardly direction, along the Southeast line of the L.T. Wind land, approximately 150 feet, more or less, to a point in the Southwest edge of Silver Lake; thence running in a Southeasfwardly directon, along the Southwest edge of Silver Lake and with the meanders thereof, 50 feet, more or less, to the point of beginning, containing _ (sicl of an acre, more or less. RECEIVED DEC 0 7 2015 DCM- MHD CITY WOK 236 PAGE 446 Subject however, to such easement as the public has over that part thereof that is located within the right of way of the Ocracoke Highway. Same being the lands conveyed to Samuel G. Jones by deed dated March 17, 1961 and recorded in Book 74, Page 81 of the Hyde County Registry. PARCEL THREE: All that certain lot or parcel of land together with any improvements thereon, more particularly described as follows: BEGINNING at a point in the center of the Ocracoke Public Road, where the same is intersected by the Southwest line of that tract of land that is described in a deed from Owen Gaskill and wife to Samuel G. Jones dated July 12, 1956, and recorded in Hyde County in Deed Book 68, Page 21; thence running In a Northwestwardly direction along the Southwest line of the last mentioned Jones tract, to a point in the southward comer of that tract of land that was conveyed to Thurman Styron and wife by Gary Bragg and wife by deed dated July 10, 1952, which Is recorded in Hyde County in Deed Book 64, page 164; thence running in a southwardly direction, along the eastward line of that tract of land that was conveyed to Thurman Styron and (sic) by Ruth Gaskins and husband by deed dated the day of . 19_, (sic) to a point in the center of the aforesaid highway; thence running in a southeastwardly direction along the center of said highway to the point of beginning, contained _ (sic) of an acre, more or less. This last mentioned tract is being conveyed subject to a public easement over that part thereof that is included within the right of way of the Ocracoke Public Highway. Some being the "Third Tract' as described in deed dated August 22, 1959 and recorded in Book 71. Page 519 of the Hyde County Registry. II TAX PARCEL #1237 Unimproved Lot Next to House on Silver Lake l551: A certain lot or parcel of land located on Ocracoke Island, in Ocracoke Township, Hyde County, North Carolina, which is definitely described as follows: BEGINNING in the westward edge and at the low water mark of Silver Lake at a point where the westward edge of Silver Lake is intersected by the southward line of that parcel of land that was conveyed to Samuel G. Jones by Ruth B. Gaskins by deed dated March 30, 1961, which deed is of record in the Office of the Register of Deeds of Hyde County, North Carolina, in Deed Book 74, Page 83; thence running from said beginning point North 89 degrees 57 minutes West, along the southward line of said Jones tract, 10 feet to a locust post in said line; thence continuing North 89 degrees 57 minutes West, along the southward line of the aforementioned Jones tract, 63 feet to another locust post in said line; thence continuing North 89 degrees 57 minutes West, 26.9 feet to another locust post in one of the Southwest comers of the aforesaid Samuel G. Jones tract, which post is designated as being point "C" on "Map - Property of Eleanor Lee Gaskins..." prepared by Theodore Rondthaler, R.S., from a survey made January 23, 1963, which map is recorded in Hyde County in Deed Book 77, Page 223; thence running North 02 degrees 50 minutes West, along another line of said Samuel G. Jones tract, 5.8 feet to another locust post designated as point "B" on the aforesaid map; thence running North 89 degrees 57 minutes West, along another line RECEIVED DEC 0 7 2015 DCM- MHD CITY BOOK 236 PAGE 447 of the aforementioned Samuel G. Jones tract, 70.9 feet to a point now or formerly marked by a 'V wp mid -driveway"; thence continuing along the said line of the Jones tract North 89 degrees 57 minutes West, 151 feet to a point in the center of what is referred to on the above referred to map as "See Sam Jones map 2/18/61 for orientation of this wood post in mid - driveway;" thence continuing North 89 degrees 57 minutes West, along the line of said Jones tract, 18.4 feet to a nail in the middle of the paved portion of North Carolina State Road No. 1328; thence running South 01 degree 15 minutes West, along the center of said road, 59.8 feet to a point in the center of said road; thence running South 89 degrees 67 minutes East, 325.3 feet, more or less, to a point in the "Low water's edge; Silver Lake harbor;" thence running in a generally northeastwordly direction, along the edge of Silver Lake at low water mark and with the meanders thereof, _ (sic) foot, more or less, to the point of beginning, containing _ (sic) Acres, more or less. The foregoing courses are magnetic as of 1963 (06W) and said courses and distances were determined from the hereinabove referred to Rondthaler map. Same being the lands conveyed to Ursula B. Jones et all by deed dated April 18. 1975, recorded in Book 99, Pace 941 of the Hyde County Registry. III. TAX PARCEL #1241 Hgmeoloce Rwo Houses) 390 Silver Lake Road: PARCEL ONE: A certain tract or parcel of land together with any improvements thereon in Ocracoke Township, Hyde County, North Carolina, bounded and described as follows: BEGINNING at the corner of W.S. Bragg's graveyard and running an Eastwardly course to Silver Lake; thence with the shore line of said Lake a Northwardly course 100 feet; thence a Westwardly course 100 feet to a post: thence a Southwardly course 100 feet to the beginning, containing_ (sic] or an acre, and being the identical land described and conveyed by deed dated the 141° day of December, 1946, by Mary Bragg and husband, Henry Bragg, to Marie S. Womac, as appears of record in the office of the Register of Deeds of Hyde County in Book 63, on page 493. Said deed and the record thereof are hereby referred to and made a part hereof for descriptive purposes, as is also a plat of the land attached hereto likewise made a part of this deed for descriptive purposes. Same being the lands conveyed to Samuel G. Jones bydeed dated May22, 1956 and recorded in Book 67, aaae 439 of the Hyde County Registry. PARCEL TWO: Those certain three tracts or parcels of land together with any improvements thereon located on Ocracoke Island, Ocracoke Township, Hyde County, North Carolina, which are definitely described as follows: BEGINNING at a point in the Southwest comer of that tract of land that is described in a deed from Marie S. Womac to Samuel G. Jones dated May 22,1958. recorded in Hyde County in Deed Book 67, page 439 (said point of beginning is also in the Southeast comer of the Bragg graveyard); thence running from said beginning point in a southwardly direction and at right angles to the southward line of the aforesaid Womac tract, 10 feet to a locust post; thence running in an eastwardly direction, parallel with and 10 feet South from the southward line of the said Womac tract, 78 feet, more or less, to another locust post; thence running in a northeastwardy direction 33 feet, more or less, to the Southeast corner of the aforesaid Womac tract; RECEIVED DEC 0 7 2015 DCM- MHD CITY BOAC 236 PAGE 448 thence running in a westwardly direction, along the southward line of said Womac tract to the point of beginning, containing more or less. _ (sic) of an acre, Some being "First Tract" as described in deed dated August 22, 1959 recorded in Book 71, page 519 of the Hyde County Registry. PARCEL THREE: All that certain lot or parcel of land together with any improvements thereon, more particularly described as follows: BEGINNING at a point in the westward line of that tract of land that is described in a deed from Marie S. Womac to Samuel G. Jones dated May 22, 1956, supra., where the same is intersected by the northward line of the Bragg cemetery lot (said point of beginning is also located 33 feet in a northwardly direction from the beginning point of the "First Tract" hereinabove described(; thence running in a westwordlydirection, along the northward line of said Cemetery lot, 39 feet to a point in the northwestward comer, thence running in a southwardly direction, along The westward line of said cemetery lot, 33 feet to a point in the Southwest comer thereof; thence running in a westwardly direction (the same being on the same course as the southward lines of the aforesaid Samuel G. Jones' Womac tract and the Bragg Cemetery lot) to a point in the eastward edge of the right of way of the Ocracoke Public Highway; thence running in a northwardly direction, along the eastward edge of the highway right of way to a point in the Southwest comer of that tract of land described in a d deed from Mary E. Bragg to Charles Runyan and wife dated May 5, 1956. and recorded in Deed Book 67, page 385; thence running in a eastwardly direction, along the southward line of the last mentioned Runyan tract, to a point in the West line of the aforesaid Samuel G. Jones' Womac tract; thence running in a southwardly direction, along the westward line of the aforesaid Samuel G. Jones' Womac tract, to the point of beginning, containing (sic) of an acre, more or less. Same being "Second Tract" as described in deed dated August 22, 1959 recorded in Book 71, page 519 of the Hyde County Registry. PARCEL FOUR: A certain tract or parcel of land together with any improvements thereon located in Ocracoke Township, Hyde County, North Carolina, which is bounded now or formerly as follows: BEGINNING at the corner of W.S. Bragg's graveyard and running an eastwardly course 100 feet to Silver Lake; thence with the shore line of said lake a northwardly course 100 feet; thence a westwardly course 100 feet to a post; thence a southwardly course 100 feet to the beginning, containing (sic) of an acre, and being the identical land described and conveyed by deed dated the 1$" day of December 1946, by Mary Bragg and husband, Henry Bragg, to Marie S. Womac as owners of record in the office of the Register of Deeds of Hyde County in Deed Book 63, page 493. Some being the lands conveyed to Samuel G. Jones by deed dated October 17, 1959, recorded in Book 71 Rage 560 of the Hyde County Registry. PARCEL FIVE; That certain tract or parcel of land together with any improvements thereon located in Ocracoke Township, Hyde County, North Carolina, which is more definitely described according to "Plat to Designate Property Purchased and Right of Way Between Sam Jones and Ruth Bragg Gaskins" prepared by Theodore Rondtholer, R.S., from a survey made RECEIVED DEC 0 7 2015 DCM- MHD CITY BOOK 236 PAGE 449 February 18, 1961, which plat is or will be recorded in the Office of the Register of Deeds of Hyde County, North Carolina, in Deed Book 74, Page268 as follows: BEGINNING at a point in the westward edge of Silver Lake where the some is intersected by the southward line of the tract of land that was conveyed by Marie S. Womac to Samuel G. Jones by deed dated May 22, 1958, as corrected by quit -claim deed from Marie S. Womac and husband dated October 17, 1959, which are recorded in Hyde County in Deed Book 67, page 439, and deed Book 71, page 560, respectively, which is hereinafter referred to as the "Womac Tract" (said beginning point is also located on a course North 86 degrees 40 minutes East from a locust post that marks the Northeast comer of that tract of land described as the "First Tract' in a deed from Ruth Gaskins and husband to Samuel G. Jones, dated August 22, 1959, recorded in Hyde County, North Carolina, in Deed Book 71, page 519); thence running from said beginning point South 86 degrees 40 minutes west, along the southward line of said original Womac tract, 78 feet, more or less, to a locust post that marks the Northeast comer of the tract of land described in the deed from Ruth Gaskins and husband to Samuel G. Jones, dated August 22, 1959, supra., hereinafter referred to as the "Gaskins Tract'; thence running South _ (sic) degrees _ (sic) minutes West, along another line of said Gaskins Tract, 33 feet, more or less, to another locust post; thence running South 86 degrees 40 minutes West, along another line of said Gaskins tract, 78 feet, more or less, to a point in the Southwest comer of said Gaskins Tract; thence running North 3 degrees 20 minutes East, along another line of said Gaskins Tract, 10 feet to a point in the Southeast comer of the Bragg graveyard; thence running South 84 degrees 10 minutes West, along the southward line of said graveyard and along the southward line of the "Second Tract' described in the deed from Ruth Gaskins and husband to Samuel G. Jones, supra., 152.1 feet to a locust post set 18.4 feet in an eastwordly direction from the centerline of the paved road when measured perpendicular thereto; thence running South 89 degrees 55 minutes East, 152.4 feet to a locust post; thence continuing South 89 degrees 55 minutes East 70.9 feet to another locust post; thence running South 02 degrees 50 minutes East, 5.8 feet to a locust post; thence running South 89 degrees 59 minutes East 26.9 feet to another locust post; thence running South 69 degrees 55 minutes East 63 feet, more or less, to a point in the westward edge of Silver Lake; thence running in a norfheastwordly direction, along the westward edge of Silver Lake and with the meanders thereof to the point of beginning. This conveyance is being made subject to such easement as the public has over that part of said land that lies within the right of way of the public road, Some being the lands conveyed to Samuel G. Jones by deed dated March 30, 1961, recorded in Book 7q. Paap 83 of the Hyde County Registry. RECEIVED DECO 7 ,,5 As to all Parcels referenced herein, same being the properties conveyed to - Lois E. Hookham and Ursula B. Jones, Trustees of the Carolyn U. Jones MHb CITY Irrevocable Trust - No. 1, dated December 8, 2000, and duly recorded in Book 178, Page 686 of the Hyde County Registry; the said Lois E. Hookham being the surviving and successor Trustee, Ursula B. Jones who died a resident of Virginia Beach, Virginia on November 2, 2005.