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HomeMy WebLinkAbout3-15 Kitty Hawk Landing AssociationPerrhit Class NEW Permit Number 03-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Kitty Hawk Landing Association, Inc., PO Box 923, Kitty Hawk, NC 27949 Authorizing development in Dare County adi. to the Albemarle Sound, at 3918 Iw Lane, Kitty Hawk , as requested in the permittee's application dated 10/20/14 including the attached workplan drawings (1), dated 9/26/14 This permit, issued on January 6 2015 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Breakwater 1) Unless specifically altered herein, this permit authorizes the replacement and repair of the breakwater and improvements to the existing breakwater sections that are expressly and specifically set forth in the permit application and workplan drawings. 2) The authorized jetty/breakwater shall adhere to the alignment depicted on the attached workplan drawings. 3) Should the adjacent property to the North be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structure within the 15 foot riparian corridor. (See attached sheet for Additional Conditions) inis permit action may De appeaiec ny me 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. of the Coastal Resources Commission. !�LYL Braxton C. Davis, Director ;Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee Kitty Hawk Landing Association, Inc. Permit #'03-15 Page 2 of 2 ADDITIONAL CONDITIONS 4) The permittee shall stake the toe alignment of the authorized jetty/breakwater and approved by a representative of the Division of Coastal Management prior to project initiation. The breakwater material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 6) The breakwater material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. General P 7) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 8) No open water areas or vegetated wetlands shall be excavated or filled outside the area indicated in the attached workplan drawing. .'9) 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. 10) The permittee and/or contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2014-02024. CAMA Major Permit Narrative Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, NC October 6, 2014 General I. t RECEIVED OCT 7 2014 COASTAL MANA.C;EMENT ELIZABETH CITY Sol The subject site is located in the Albermarle Sound at the entrance to the Kitty Hawk Landing area in Kitty Hawk, Dare County, North Carolina. The primary purpose of this proposed work is to create permanent rock boat channel entrance stabilization in the location of the existing damaged vertical jetty and breakwater system. The site is at the entrance of the northern Kitty Hawk Landing Canal, known as Avery Pond. Maintenance of a navigable canal entrance is essential to allow continued boat use in this area. Much of the existing jetty system is in a dilapidated condition and some of it is washed out altogether. The existing piling and sheetpile jetty system is proposed to be left in place and areas where pilings are gone would involve re- installation of the washed out pilings prior to the addition of rock. The majority of the washed out pilings have been saved by Kitty Hawk Landing. It is the intention of the applicant to use rock at this time to make create permanent channel stabilization features. Since the time of initial jetty construction, repair and replacement needs arise on a regular basis due to the high energy nature of this area. Additionally, rock placement is intended to result in less frequent dredging. Maintenance dredging and original structure construction has been permitted under CAMA Major 78-97 and the maintenance dredging authorization has been renewed and is currently permitted. The proposed rock jetty rebuild is 245 per side (490 ft total) and the proposed breakwater alignment is 99 ft (51 ft and 48 ft). See site plan. Included on the site plan are a set of typical jetty and breakwater construction cross -sections. The maximum width of the jetty rock would be 26 ft and the maximum width of the breakwater rock would be 16 ft. The applicant proposes to install a fabric base within the rock footprint. This concept was the point of discussion during a September 23, 2014 inter -agency scoping meeting at the NCDENR Washington Regional Office. This was a helpful interaction which allowed us to revise the CAMA plan as presented herein. Existing Environmental Conditions Water Depths and Sediment Transport On 2014, Brian Rubino from Quible performed an in -water existing conditions survey. Water depths (relative to NWL) were collected and have been plotted on the CAMA plan. In general, inside of the existing jetty (established channel) water depths are -5.5 ft or greater. Due to longshore current sand transport along the natural shoreline, shallow banks tend to develop inside the canal where sand passes through or around the existing breakwater that is generally perpendicular to shore. This causes the need for systematic maintenance dredging inside the canal. Observations of sediment transport suggest that in the summer months (with southwest prevailing winds) there is more sand accumulation on the south side of the canal and jetty system and in the winter months (northeast prevailing wind) there is more sand accumulation on the north side. This is consistent with other nearby projects that we have worked on. OUIBLE & ASSOCIATES, P.C. RECEIVED ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING W W W.OUIBLE.COM OCT R 1 2014 DCM-MH�D CITy CAMA Major Narrative Kitty Hawk Landing Association, Inc. October 6, 2014 I D SAV Evaluation A SAV evaluation was conducted in June 13, 2014 and involved wading, viewing and physically touching the bottom. The first phase of this evaluation was to cover as much of the shallow water area adjacent to the project as possible using snorkel and mask. There was poor underwater visibility (approximately 1-2 ft), which is typical for this area along the Albemarle Sound. The surface substrate type is dominantly sand dominated at the surface with clay and/or peat beds exposed in some areas, especially immediately adjacent to the north side jetty and marsh. The second phase of the evaluation was to systematically establish transects in the water perpendicular to the shoreline with sampling stations along each transect. The sampling stations are the same locations as the plotted water depths. At each station, water depth was measured, bottom type noted and the bottom was observed for the presence of SAV. On the north side of the jetty system, starting in water greater than -0.5 ft deep, there was patchy SAV resources consisting of Stuckenia pectinata (Sago pondweed), Ruppia maritima (Widgeon grass), Myriophyllum spicatum (Eurasian watermilfoil) and Vallisneria Americana (Wild celery). The majority of SAV growth'in this area is in water -1.5 ft deep to -3.25 ft deep where there are significant beds. On the north side, the limiting water depth for SAV growth was found to be -3.25 ft. The SAV was observed inside the canal and in the Sound. Dashed lines on the CAMA plan indicate the limits of SAV areas that currently exist. On the south side of the jetty system, no SAV was identified in June 2014. While there are water depths sufficient to support SAV, as mentioned above, this side of the canal receives a' high level of sediment movement during the summer months which likely affects the ability for SAV beds to take hold. Since the species of SAV identified on the north side have a Spring - Summer growth period in this region, it is unlikely that SAV beds can be found in the winter. Our proposed jetty and breakwater areas do not appear to regularly support SAV, likely due to water depths and high energy. 2 DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Kitty Hawk Landing Association, Inc. Project Name (if applicable) KH Landing Jetty and Breakwater Replacement Applicant 1: First Name Peter MI Last Name Collins Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box P.O. Box 923 City Kitty Hawk State NC ZIP 27949 Country USA Phone No. ext. FAX No. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Ouible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian D Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 3300 ext. 240 ext. FAX No. Contractor # 252 261 1260 Street Address (d different from above) City State ZIP 8 Juniper Trail Southern Shores NC 27949- Email brubino0quible.com RECEIVED <Form continues on back> OCT 11 2014 DCM-MHD CITY 252.808.2808 .. 1.888.4RCOAST .. w✓v.; sv.nccaastalmanagevn ent.net Form DCM MP-1 (Page 2 of 5) 0 C T 21 90)111 I APPLICATION for Major Development Permit 3.' ProjectLocatiori. County (can be multiple) Street Address' _ State Rd. # Dare Ivy Lane Subdivision Name City State Zip Kitty Hawk Landing Kitty Hawk NC 27949 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. N/A, I I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? J. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Kitty Hawk 4. Site'Description . a. Total length of shoreline on the tract(ft.) b. Size of entire tract (sq.ft.) N/A N/A . c. Size of individual lot(s) J. Approximate elevation of tract above NHW (normal high water) or N/A, NWL (normal water level) N/A ❑NHWor❑NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract N/A I. Man-made features and uses now on tract Existing Jetty/Breakwater System, Canal g. Identify and describe the existing land uses adjacent to the proposed project site. Residential Uplands and Undeveloped Wetlands h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) []Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It Involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-608-2808 :: 1-888-4GtCOAST :: wwvv.nceoastalmanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ®No (if) Are there coastal wetlands on the site? ❑Yes ®No (!if) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NIA o. Describe existing drinking water supply source. I OCT 2 1 2014 N/A p. Describe existing stone water management or treatment systems. - No SWMP; open water 5. Activities and Impacts" — a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The subject site is located in the Albermarle Sound at the entrance to the Kitty Hawk Landing area in Kitty Hawk, Dare County, North Carolina. The primary purpose of this proposed work is to create permanent rock boat channel entrance stabilization in the location of the existing damaged vertical jetty and breakwater system. The site is at the entrance of the northern Kitty Hawk Landing Canal, known as Avery Pond. Maintenance of a navigable canal entrance is essential to allow continued boat use in this area. Much of the existing jetty system is in a dilapidated condition and some of it is washed out altogether. The existing piling and sheetpile jetty system is proposed to be left in place and areas where pilings are gone would involve re -installation of the washed out pilings prior to the addition of rock. The majority of the washed out pilings have been saved by Kitty Hawk Landing The proposed rock jetty is 245 per side (490 It total) and the proposed breakwater alignment is 99 It (51 ft and 48 ft). c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. hopper barge, excavator, support barge, vibratory hammer d. List all development activities you propose. Piling repair to existing jetty and breakwater system, Rock placement to channel entrance jetty system and breakwater wingwalis e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None RECEIVED I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA OCT 3 l 2014 If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®N 252-808.2808 .. ri-888.4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit j. Is there any mitigation proposed? []Yes []No ®NA If yes, attach a mitigation proposal. <Form continues on back> 6. •Additionallnformatiori In addition to this completed application' form, (MP-1).thefollowing items below, itapplicable, must be submitted in order for the application package to be complete. Items (a) (0 are always applicable to any major development application. Please consult the application. instruction booklet on how to properly prepare the required items below: - a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. - c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by 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 George and Brenda Pitohyak Phone No._ - Address 3916 Ivy Lane, Kitty Hawk, NC 27949 Name FG Tillett Heirs, C/O Burvell Beacham Phone No. Address 79 Pagoda Street, Milton, MA 02186 Name - .. PhoneNo. °. --- . • - .. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. CAMA Major 78-97 (jetties, breakwater and dredging) h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. •Certification and P• ermission 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. .� vaw:vxuc•T'� . I further certify that the information provided in this application is truthful to the best of rr yfFt�`$v % ja. Date IC�'ZiJ� Zt)t4 Print Name gr" , Q-bino. Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 OCT 21 2014 252-808.2808 .. 9.888-4RCOAST .. wwsv.ncco st Lra 1111eme nt.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED OCT .11 7014 DCM-W-, CfT'Y 252.808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) CF)r' n Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sWe to complete all othe"r'sections of the Joint .' Application that relate to this proposed project. Please include all supplemental -:,,�.,.,, Describe below the purpose of proposed excavation and/or fill activities. All values should be given hn feet - --- Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length (2) 245 (1) 51, (1) 48 Width (2) 26 16 Avg. Existing NA NA' Depth Final Project NA - NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below 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 (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 (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable . a. Location of disposal area. b. Dimensions of disposal area. C. (i) 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 wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? []Yes []No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area In the water? []Yes []No ❑NA (ii) If yes, how much water area is affected? 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanaciement.net revised: 12/26106 Fowm DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: _ ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: _ c. Average distance waterward of NHW or NW L: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (li) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill_ Other_ i. Source of fill material. OCT 2 1 2014 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or II Amount of material to be laced in the water 1,620 cu vds other wetlands (W L)? If any boxes are checked, provide the () P number of square feet affected. (iii) Dimensions of fill area (2) betties @ 245 ft x 26 ft. (1I ❑CW ❑SAV ❑SB breakwater winawall 0 51 ft x 16 ft. (1) breakwater winawall 48 ft x 1 OWL ®None (iv) Purpose of fill (ii) Describe the purpose of the fill in these areas: channel protection jetty/breakwater N/A 15. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? material to be directly transported to site via barge barges, long reach excavator, backhoe, vibratory hammer c. (1) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes No ❑NA site? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 1-01 zrnti Date L* Lc -JL'-n T't#:et '0^A �Lcwrtcr5 Project Name Applicant aam_e CsiH,c Q ASSccru�+O,P.L pA plicant Signature RECEIVED OCT 31 7M DCM-MHD COY 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanaaement.net revised: 12126106 Form DCM MP-4 e STRUCTURES OCT 21 ?'',4 (Construction within Public Trust Areas) — • -- — Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. ,Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information., , 1. DOCKING FACILITY/MARINA CHARACTERISTICS [ This section not applicable a. (1) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Govemment ❑Private/Community []Yes []No c. (i) Dock(s) and/or pler(s) (it) Number (iii) Length (iv) Width _ (v) Floating []Yes []No e. (i) Are Platforms included? []Yes []No If yes: (ii) Number (Ili) Length (iv) Width (v) Floating []Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (it) Number of slips existing I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes []No (ii) If yes number of tie pilings? d. (1) Are Finger Piers included? []Yes []No If yes: (ti) Number (Ili) Length (iv) Width (v) Floating ❑Yes ❑No f. (1) Are Boatlifts included? []Yes ❑No If yes: (ii) Number (III) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: ). Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (1) Will the facility be open to the general public? []Yes ❑No 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12127/06 Form DCM MP -rib (Structures, Page 2 of 4) 2. DOCKING FACILIMMARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers _. ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the madna/docking facility proposed within a primary or secondary nursery area? []Yes []No OCT 91 IOM DCM-MHD CITY 252.808-2808 :: 1-888.4RCOAST :: www.nccoastaimanaoement.net revised: 12/27/06 aForM M0 MF-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. is the marmaraocKmg tacnity proposed wamn or adjacent to coastal wetianas/marsn (cvv), suomergeo aquatic vegetation (tiAv), snen oonom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ' ®This section no(applicable a. (1) Is the boathouse structure(s): []Commercial ❑Public/Government ❑Private/Community (ii) Number GrPT n 1 . ... . (iii) Length i 1 (iv) Width Note: Roofed areas are calculated from dripfine dimensions. L4. GROIN (e.g., wood, sheetpile; etc. If a rock groin;"use UP-2; Excavation and Fill.) "' " ❑This section not applicable a. (1) Number 2 (it) Length both are 245 ft (rebuilds) (iii) Width 26' maximum 5. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This'secfton not applicable a. Length 2 winawalls, (1) 51 ft. (1) 48 ft b. Average distance from NHW, NWL, or wetlands 30 ft c. Maximum distance beyond NHW, NWL or wetlands 51 ft 6 MOORING PILINGS and BUOYS ` ®This section not applcable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community G. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7 GENERAL. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808.2808 :: 1.888-4RCOAST :: www.nccoostaimanagement.net revised: 12/27106 Form 0CM !!i➢P_4 (Structures, Wage 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines southern breakwater wingwall to adjoin adjacent property, northern wingwall will be 15 ft from adjacent property Note: For buoy or mooring piling, use are of swing including length of vessel. c. Width of water body Albemarle Sound: 8 miles. Avery Pond Canal: 180 ft e. (I) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (if) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. private dock +/- 90 ft d. Water depth at watenvard end of structure at NLW or NWL 0.5 f S. OTHER ❑This section not applicable a. Give complete description: jd-z0l-z0k4 Date Project Name A— Applicant Name Applicant Signature may,. � _��._......___...,�...._....._ . .. .. . REUENED OCT 2 1 2014 rw„'•.�wtMii�w::uWii+:si,},',+i%Jh48„roLtl,MK:i:Y.F'�1L •.:,••j RECEIVED OCT 41 2014 DCN-MHl:, CITY 252.808.2808 :: 1-888.4RCOAST :: www.necoastaimanagement.net revised: 12127/06 Permit Class Permit Number NEW 03-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit COPY 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 Kitty Hawk Landing Association, Inc., PO Box 923, Kitty Hawk, NC 27949 Authorizing development in Dare County adi. to the Albemarle Sound. at 3918 Ivy Lane, KiM Hawk , as requested in the permittee's application dated 10/20/14, including the attached workplan drawings (1), dated 9/26/14 This permit, issued on January 6.2015 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Breakwater 1) Unless specifically altered herein, this permit authorizes the replacement and repair of the breakwater and improvements to the existing breakwater sections that are expressly and specifically set forth in the permit application and workplan drawings. 2) The authorized jetty/breakwater shall adhere to the alignment depicted on the attached workplan drawings. 3) Should the adjacent property to the North be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structure within the 15 foot riparian corridor. (See attached sheet for Additional Conditions) ims permit acton may De appeatea Dy me permtaee 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. of the Coastal Resources Commission. (, ( L� Braxton C. Davis, Director ..Division of Coastal Management This permit and its conditions are hereby acceptedRECENED n MAR 0 2 1015 Signature ofPermittee Kitty Hawk Landing Association, Inc. Permit # 03-15 Page 2 of 2 ADDITIONAL CONDITIONS 4) a permittee shall stake the toe alignment of the authorized jetty/breakwater and approved by a Y, entative of the Division of Coastal Management prior to project initiation. 5) a breakwater material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 6) The breakwater material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. General 7) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 8) No open water areas or vegetated wetlands shall be excavated or filled outside the area indicated in the attached workplan drawing. 9) 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, 10) The permittee and/or contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2014-02024. DCM Coordinator: C7lJ!/d�• 4 Agents: DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: Water Quality: Washington: Wilmington: Wildlife Resources LPO: Permit #:t93 /S CR (with revised work plan drawings) Raleigh Bland Tracey Wheele William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbly Renee Gledhill -Early Diane Williams (WIRO) Joey White (WARD) Shane Staples tl� Jessi Baker Ken Pace f Patti Fowler Tim Walton Karen Higgins (Raleigh) John Hennessy (NC DOT) / Anthony Scarbraugh-401 Scott Vinson-Stormwater Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Maria Dunn (WARO) Vacant(WIRO) Fax Distribution: Permitee #: ✓ Agent #: *) MR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 6, 2015 Kitty Hawk Landing Assn., Inc. P.O. Box 923 Kitty Hawk, N.C. 27949 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, POVI p91 i3M. �c �r Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nocoastalmanagement.net An Equal Opportunity/ Affirmative Action Employer A�*i M® NR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 6, 2015 Burvell Beacham 79 Pagoda St. Milton, MA 02186 Dear Sir/Madam: Donald R. van der Vaart Secretary Thank you for your letter dated October 19, 2014 concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by Kitty Hawk Landing Assoc., Inc., in Dare County. The Division appreciates your concerns about the proposed project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit, No. 03-15 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (252) 808-2808, or by email at daniel.govoni@ncdenr.gov. Sincerely Daniel M. Govoni Asst. Major Permits Coordinator 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-860011nlemet: www.ncdenr.gov An Equal Opportunity \Affirmative Anion Employer— Made in part by recycled paper 1 J Oct. 19, 2014 OCT 2 22014 Quible and Associates P.C. F.G. Tillet H irs cna.->`" P.O. Drawer 870 C/O Burvell Beaehan---___..___,__ , Kitty Hawk N.C. 27949 79 Pagoda St Milton, MA. 02186 RE: CAMA Major Permitting Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, N.C. Dear. Mr. Rubino, In response to your letter dated September 29, 2014, requesting acceptance of your plan for a proposed construction project abutting the Florence Tillet heirs property, we must pause to explain why this project may harm our property. For over 100 years the Florence Tillet heirs have owned this shoreline property abutting said project. Before development occurred along the shoreline of the Albemarle Sound, the Florence Tillet heirs property contained many acres of undeveloped upland shorefront. This property was an arrival/departure point for the ferry which would transport passengers back and forth from the Outer Banks to the mainland. This was before CAMA even existed, but I'm sure that some preexisting governmental agency, commissioned to oversee the state's waterways, has aerial photograghs of this area to confirm my claim. There were hundreds of 150-200 ft pines located on this property. Over the years, as development occurred along the entire shoreline of the Albemarle Sound and into its bays and canals, the shorefront of the Florence Tillet heirs property has mostly been lost. Seawalls, bulk heading, rip rap construction, man made breakwaters, and jetty systems, riddle the entire shoreline of the Albemarle Sound. Today the Florence Tillet heirs property shoreline is unprotected. Most of the high ground on this property has washed away and the trees are no longer standing. Protected shoreline and other man made construction has altered the natural ability of our unprotected shoreline to withstand the surges of storms and erosion. During storms, surges have engulfed the entire Florence Tillet heir's landmass and penetrated through from Sound to Avery Pond. As a result the damage to our property has been enormous. The project at the mouth of the Avery Pond where it joins the Albemarle Sound, is the only project in this area in which the North Carolina Division of Coastal Management has required that we be notified of proposed changes. For this reason we strongly object to the project proposed by Quible and Associates to the F.G. Tillet heirs in your letter dated September 29, 2014. However we are open to a plan, guaranteed by the engineering firm and the North Carolina Division of Coastal Management, which assures that our property will not be further damaged. Sincerely,, P 7 RECEIVED OrT 11 2014 DCM-MHD CITY Burvell Beacham CC. North Carolina Department of Environmental and Natural Resources North Carolina Division of Coastal Management Rurve& sc�QAO j 7 yr' Pay o rtcz S free/t- Mdl zll, 41.4 dQ/8<r. PITNEY BOWES f 02 ° v°21 $ 006.690 0001380481OCT 23 2014 AlorlA earolinek � vlS�on o10 C'pgs.l-o 1367 4/j /-//?Away /7 SootA z//za-/oetA c,fy � NC o?7q'v 9 l0 31�a Nan �a rran/c Tc�hn>np I f Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENIAL SCIENCES • PLANNING • SURVEYING SINCE 1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED July 11, 2014 F.G. Tillett Heirs C/O Burvell Beacham 79 Pagoda Street Milton, MA 02186 RE: CAMA Major Permitting Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, NC Sir/Madam: P.O. Drawn 870 MY Hawk NC 27949 Phone: 252-261 MW Fax: 252-261-1260 web: qulbe.com As adjacent riparian property owner to the above referenced project, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project includes replacement of an existing boat channel stabilization jetty system, including breakwater wing walls to be built in the location depicted. Should you have comments to this proposal, please send your written comments to Mr. Ron Renaldi, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Brian D. Rubino I have no objection to the project as proposed I have an objection to the project for reasons stated below RECEIVED �,�Q� �{ /�� /j OCT312014 Pe, ' —' a .SCC LS�eLc/�t�-�-�. if 1 3 ..LDI S� DCM-11DCW Signature I Aug 2, 2014 Quibble and Associates P.C. P.O. Drawer 870 Kitty Hawk N.C. 27949 RE: CAMA Major Permitting Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, N.C. Dear. Mr. Rubino, r.-._,__. .. F.G. Tillet Heirs C/O Burvell Beacham 79 Pagoda St _ — Milton, MA. 02186 In response to your letter dated July 11, 2014, requesting acceptance of your plan for a proposed construction project abutting the Florence Tillet heirs property, we will discuss a matter of interest to us concerning said project. For over 100 years the Florence Tillet heirs have owned this shoreline property abutting said project. Before development occurred in the Kitty Hawk Landing and throughout this local area of the eastern shoreline of the Albemarle Sound, the Florence Tillet heirs property contained many acres of undeveloped upland shorefront. Indeed, this property was an arrival/departure point for the ferry which would transport passengers back and forth from the Outer Banks to the mainland. Of course this was before CAMA even existed, but I'm sure that some preexisting governmental,agency, commissioned to oversee the state's waterways, has aerial photograghs of this area to confirm my claim. There were hundreds of 150-200 ft pines located on this property. As development occurred adjacent to our property, the shoreline, adjoining canals, and areas of the open sound have changed. Construction surrounds our property on three sides. In the Avery Pond which is the easterly border of our property, the canals have been altered with canal walls supporting their banks. The shoreline to the north and south of us has been secured with seawalls and rip rap construction. The open areas of the Sound contain marine piles, breakwaters, and a jetty system. Today the Florence Tillet heirs property shoreline is unprotected. Most of the high ground on this property has washed away and the trees are no longer standing. Adjacent protected shoreline and other man made construction has altered the natural ability of our unprotected shoreline to withstand the surges of storms and erosion. During storms, surges have engulfed the entire Florence Tillet heirs landmass and penetrated through from Sound to Avery Pond. As a result the damage to our property has been enormous. The project at the mouth of the Avery Pond where it joins the Albemarle Sound, is the only project in this area in which the North Carolina Division of Coastal Management has required that we be notified of proposed changes. For this reason we strongly object to the project proposed by Quible and Associates to the F.G. Tillet heirs in your letter dated July 11, 2014. However we are open to any plan, guaranteed by the engineering firm and the North Carolina Division of Coastal Management, which assures that our property will not be further damaged. Sincerely, Burvell Beacham CC. North Carolina Department of Environmental and Natural Resources North Carolina Division of Coastal Management RECEIVED tv t 1 2014 DCN1-W.QSQjW r,+ty .HAS K tbnding Ass.,lnc. I hereby certify that I own property adjacent to maAlAeA channe f 's (Name of Properly Owner) property located at �yy. La., e (Address, Lot, Block, Road, etc.) on Averzj Pond ,Al ber.arle Sownd in fcHv Nawlc N.C. — (Widerbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above 6&.6 I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) plot" Aftoc.' A WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do not wish to waive the 15' setback requirement. (Property Owner Information). (Adjacent Property Owner Information) & F-A&� Signature 6twb4 SAssoc . P c gran CL..bwe Avlftrize,4 Agent Print or Type Name P.D. Drawn T3 O Mailing Address K.fly tdA,.,K I- A- Z99h5 Cit #Stater ZS2,2to I.330 0 Telephone Number 417,017-014 rsr Print or Telephone Number k4r4 i 3 .- 90 1 Date J— a„ e DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Kitty Hawk Landing Association, Inc. 2. LOCATION OF PROJECT SITE: Within the waters of the Albemarle Sound adjacent to 3918 Ivy Lane, Kitty Hawk Landing subdivision, Kitty Hawk, Dare County Photo Index — 2006: 183-7182 (I,J 17) 2000: Not Available 1995: 187-1973 (C,D 14,15) 1989: 144-11 (V,W 11,12) 1984: 137-494 (U,V 19,20) 1978: Not Available State Plane Coordinates - X: 2963145 Y: 855425 Lat/Long: 36.05690800N,-75.7410410°W Quadrangle: Kitty Hawk, NC (L.L.) 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 5/22/2014; 10/21/2014 Was Applicant Present — Yes; No 5. PROCESSING PROCEDURE: Application Received Complete — 10/21/2014 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Kitty Hawk Land Classification from LUP - Low Density Residential, Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW) (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Two jetty/breakwater structures, riprap Planned — Rock jetty/breakwater system (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA, square feet (ftz)] DREDGED FILLED OTHER (A) Shallow Bottom PTA, EW AEC's ±14,324 ftz (B) Non -Vegetated Wetlands (C) Other (D) Total Area Disturbed: ±14,324 ft2 (0.33 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open to Shellfishing: Yes RECENED OCT 11 1014 DCMAND CITY Kitty Hawk Landing Association, Inc. Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to repair an existing vinyl sheet -pile jetty and breakwater system and then install a rock jetty & breakwater system at the same location to reinforce it and stabilize an existing channel. Project Setting The site of the proposed development is located within the Kitty Hawk Landing subdivision, Kitty Hawk, Dare County. Kitty Hawk Landing is located off of West Kitty Hawk Road (SR 1208) and contains man-made canals that provide access to Kitty Hawk Bay and the Albemarle Sound. The proposed development site is adjacent to 3918 Ivy Lane within the waters of the Albemarle Sound at the mouth of the western -most canal referred to as Avery Pond. A ±300' channel extends from the canal mouth in a westerly direction into the open waters of the Albemarle Sound. An existing storm damaged solid vinyl sheet -pile jetty and slotted breakwater system (3" per linear foot) authorized through CAMA Major Permit #78-97 is located on the north and the south side of the channel. The northern section consists of a t245' jetty that runs parallel to the channel and a ±48' breakwater section that extends in a northerly direction at the mouth of the canal that ends t15' from the adjacent property to the north. This jetty section is missing ±40' at the west end due to storm damage. The southern section consists of a f245' jetty that also runs parallel to the channel with a t51' breakwater section at the canal mouth that extends in a southerly direction adjoining the shoreline on the adjacent property to the south. The adjacent property to the north is a large undeveloped coastal marsh that has t115' of riprap along the shoreline adjacent to the mouth. The adjacent property to the south contains a single-family dwelling and the shoreline has been hardened through a combination of concrete and bulkheading. A review of available maps indicates that archaeological site Dr17 is located immediately south of the existing jetties on an area referred to as Shellbank Point. The waters of the Albemarle Sound are classified as SB and are open to shellfish taking. Water depths range from t1.5' below Normal Water Level (NWL) near the shoreline to greater than -5.5' within the channel. The bottom substrate within the project area is primarily made up of sand with clay and/or peat beds exposed in some areas. A Submerged Aquatic Vegetation (SAV) survey was conducted that identified patchy beds consisting of Stuckenia pectinata (Sago pondweed), Ruppia maritime (Widgeon grass), and VallisneriaAmericana (Wild celery) along the shoreline of the northern adjacent property; however, no SAV's were found within the project area. It should be noted that open water fetch ranges from t3 miles to the northwest to ±50 miles to the west of the project site. In addition to CAMA Major Permit #78-97, Major Permit #153-09 was issued on December 7, 2009 and renewed until January 14, 2015 for maintenance dredging within the subdivisions canal system, including portions of the current project area. Additionally, the permit authorized the placement of the riprap along the shoreline of the adjacent northern property. Development Proposal The applicant first proposes to replace the missing ±40' of jetty and repair the existing jetty/breakwater structures. In an effort to reduce future repairs and stabilize the channel so r Kitty Hawk Landing Association, Inc. Field Investigation Report Page 3 dredging occurs less frequently due to shoaling, the applicant proposes to create a rock jetty/breakwater by placing rock on both sides of the sheet -pile jetty (±245' each side) and breakwater (±51' and ±48') sections. Maximum widths will be 26' along the jetty sections and 16' along the breakwater sections and will be sloped at 2:1. The proposed rock along the southern breakwater will connect into the existing riprap along the adjacent shoreline and the proposed rock along the northern breakwater section will remain z15' from the adjacent shoreline. The applicant also proposes to install a fabric base within the rock footprint. Anticipated Impacts • The proposed rock jetty and breakwater system will result in ±14,324 ft2 of shallow bottom fill within the Public Trust Area and Estuarine Waters AEC's. The proposed rock jetty and breakwater system will result in ±1,620 yds3 of material to be placed within the Public Trust Area and Estuarine Waters AEC's. Submitted by: Ron Renaldi Date: 10/23/2014 RECEIVED OCT 3 19"'a DCM-mHa cr• Quible Quible & Associates, P.C. ENGINEERING • ENMRONMENTAI. SCIENCES • PLANNING • SURVEYING SINCE 1959 January 5, 2015 George and Brenda Pitonyak 3819 Ivy Lane Kitty Hawk, NC 27949 RE: CAMA Major Permitting- 15 ft Riparian Corridor Waiver Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, NC Sir/Madam: PO. power 870 4]"Y Fk.VIL NC 27949 Phona: 252-261-13M Fox: 252-261-1260 web: cmk4e.c= As adjacent riparian property owner to the above referenced project, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan (revised 9/26/2014), the proposed project includes repair of the existing jetty system and armoring of the entire jetty and breakwater system with rock. This will include extending the rock armoring of the jetty all the way to your property which is not allowed unless you sign waiver to allow this activity with 15 ft of your property. If you have no objection to the project, please sign and date below and check the appropriate box below indicating no objection and allowing waiver of the 15 It setback. Sincerely, Quible annddeA'ssociates, P.C. 14/Vl 1� Brian D. Rubino I do wish to waive the 15' setback requirement and have no objection to the project as proposed I do not wish to waive the 15' setback requirement 4I(- Date DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Kitty Hawk Landing Association, Inc. County: Dare LOCATION OF PROJECT: adjacent to 3918 Ivy Lane, Kitty Hawk; within waters of Albemarle Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 10/21/14 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi _DI TRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: �.1 �t Date: O 5 / B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (60/40%) PUBLIC NOTICE REC'D: Advertise: 11/02/14 END OF NOTICE DATE: Comments due: 11/22/14 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: C cyj i ON: I C) 75 DAY DEADLINE: 01/04/15 MAIL OUT DATE: Circulation: 1 FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: /i k Y�/ Y FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency — / D Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways IL Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Corps of Engineers REC7✓�1 —DZT OCT $ 1 N14 DCM-MH✓ CITY WI EE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 29, 2014 MEMORANDUM TO: I4 tl1)U I SUBJECT: Applicant: Project Location: Proposed Project: John E. Skvarla, III Secretary RECENED DEr. 0 2 2014 DCA'A.-A�AOk �7J.k Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, WaRO Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Kitty Hawk Landing Association, Inc. Adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County Repair vinyl jetty/breakwater system; Install rock jetty/breakwater system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/19/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. vl lus agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED i/^� " �'DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264,39011 PAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer AAA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 29, 2014 MEMORANDUM TO: 1 XG II SUBJECT: Applicant: Tim Walton, Manager State Property Office Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management John E. Skvarla, III Secretary RECEIVED OCT 302014 DOA STATE PROPERTY OFFICE CAMA/DREDGE & FILL Permit Application Review Kitty Hawk Landing Association, Inc. Project Location: Adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County Proposed Project: Repair vinyl jettylbreakwater system; Install rock jetty/breakwater system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/19/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: fb� Je{};eS iyiC" aD)E This office has no objection to the project as proposed. ✓ This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. DATE 11 — 12- " m �\ \ u13 OHN-tN0O v 1367 US South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net %GZ L t AUN An Equal Opportunity \ Affirmative Action Employer 03AGOR r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Kitty Hawk Landing Association, Inc. 2. LOCATION OF PROJECT SITE: Within the waters of the Albemarle Sound adjacent to 3918 Ivy Lane, Kitty Hawk Landing subdivision, Kitty Hawk, Dare County Photo Index — 2006: 183-7182 (I,J 17) 2000: Not Available 1995: 187-1973 (C,D 14,15) 1989: 144-11 (V,W 11,12) 1984: 137-494 (U,V 19,20) 1978: Not Available State Plane Coordinates - X: 2963145 Y: 855425 Lat/Long: 36.05690800N,-75.7410410°W Quadrangle: Kitty Hawk, NC (L.L.) 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/22/2014; 10/21/2014 Was Applicant Present — Yes; No 5. PROCESSING PROCEDURE: Application Received Complete — 10/21/2014 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Kitty Hawk Land Classification from LUP - Low Density Residential, Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW) (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Two jetty/breakwater structures, riprap PlaQed---Rock jetty/breakwater sy am (G) Estimated Annual Rate of Erosion: -NSA--- Source - N/A 7. HABITAT DESCRIPTION: [AREA, square feet (ftz)] DREDGED FILLED OTHER (A) Shallow Bottom PTA, EW AEC's ±14,324 ft2 (B) Non -Vegetated Wetlands (C) Other (D) Total Area Disturbed: ±14,324 ftz (0.33 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open to Shellfishing: Yes Dreo eD NOY 17 P14 DCM,MHr c Kitty Hawk Landing Association, Inc. Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to repair an existing vinyl sheet -pile jet a stem and then install a rockletty & breakwa er a e same location to reinforce i an stabilize an existing chan�ne . -- Project Setting The site of the proposed development is located within the Kitty Hawk Landing subdivision, Kitty Hawk, Dare County. Kitty Hawk Landing is located off of West Kitty Hawk Road (SR 1208) and contains man-made canals that provide access to Kitty Hawk Bay and the Albemarle Sound. The proposed development site is adjacent to 3918 Ivy Lane within the waters of the Albemarle Sound at the mouth of the western -most canal referred to as Avery Pond. A ±300' channel extends from the canal mouth in a westerly direction into the open waters of the Albemarle Sound. An existing storm damaged solid vinyl sheet -pile jetty and slotted breakwater system (3" per linear foot) authorized through CAMA Major Permit #78-97 is located on the north and the south side of the channel. The northern section consists of a ±245' jetty that runs parallel to the channel and a ±48' breakwater section that extends in a northerly direction at the mouth of the canal that ends ±15' from the adjacent property to the north. This jetty section is missing ±40' at the west end due to storm damage. The southern section consists of a ±245' jetty that also runs parallel to the channel with a ±51' breakwater section at the canal mouth that extends in a southerly direction adjoining the shoreline on the adjacent property to the south. The adjacent property to the north is a large undeveloped coastal marsh that has ±115' of riprap along the shoreline adjacent to the mouth. The adjacent property to the south contains a single-family dwelling and the shoreline has been hardened through a combination of concrete and bulkheading. A review of available maps indicates that archaeological site DO 7 is located immediately south of the existing jetties on an area referred to as Shellbank Point. The waters of the Albemarle Sound are classified as SB and are open to shellfish taking. Water depths range from ±1.5' below Normal Water Level (NWL) near the shoreline to greater than -5.5' within the channel. The bottom substrate within the project area is primarily made up of sand with clay and/or peat beds exposed in some areas. A Submerged Aquatic Vegetation (SAV) survey was conducted that identified patchy beds consisting of Stuckenia pectinata (Sago pondweed), Ruppia maritime (Widgeon grass), and Vallisneria Americana (Wild celery) along the shoreline of the northern adjacent property; however, no SAV's were found within the project area. It should be noted that open water fetch ranges from ±3 miles to the northwest to ±50 miles to the west of the project site. In addition to CAMA Major Permit #78-97, Major Permit #153-09 was issued on December 7, 2009 and renewed until January 14, 2015 for maintenance dredging within the subdivisions canal system, including portions of the current project area. Additionally, the permit authorized the placement of the riprap along the shoreline of the adjacent northern propert�[�',ED aE . Development Proposal N�� , 9 101 Ho C�V The applicant first proposes to replace the missing ±40' of jetty and reo?Me existing jetty/breakwater structures. In an effort to reduce future repairs and stabilize the channel so Kitty Hawk Landing Association, Inc. Field Investigation Report Page 3 dredging occurs less frequently due to shoaling, the applicant proposes to create a rock jetty/breakwater by placing rock on both sides of the sheet -pile jetty (t245' each side) and breakwater (t51' and t48') sections. Maximum widths will be 26' along the jetty sections and 16' along the breakwater sections and will be sloped at 2:1. The proposed rock along the southern breakwater will connect into the existing riprap along the adjacent shoreline and the proposed rock along the northern breakwater section will remain z15' from the adjacent shoreline. The applicant also proposes to install a fabric base within the rock footprint. Anticipated Impacts • The proposed rock jetty and breakwater system will result in t14,324 ft2 of shallow bottom fill within the Public Trust Area and Estuarine Waters AEC's. The proposed rock jetty and breakwater system will result in t1,620 yds3 of material to be placed within the Public Trust Area and Estuarine Waters AEC's. Submitted by: Ron Renaldi Date: 10/23/2014 RECEIVED NOV 17 2014 DCM4# Hq CITY CAMA Major Permit Narrative Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, NC October 6, 2014 I General I OCT 1 2014 The subject site is located in the Albermarle Sound at the entrance to the Kitty Hawk Landing area in Kitty Hawk, Dare County, North Carolina. The primary purpose of this proposed work is to create permanent rock boat channel entrance stabilization in the location of the existing damaged vertical jetty and breakwater system. The site is at the entrance of the northern Kitty Hawk Landing Canal, known as Avery Pond. Maintenance of a navigable canal entrance is essential to allow continued boat use in this area. Much of the existing jetty system is in a dilapidated condition and some of it is washed out altogether. The existing piling and sheetpile jetty system is proposed to be left in place and areas where pilings are gone would involve re- installation of the washed out pilings prior to the addition of rock. The majority of the washed out pilings have been saved by Kitty Hawk Landing. It is the intention of the applicant to use rock at this time to make create permanent channel stabilization features. Since the time of initial jetty construction, repair and replacement needs arise on a regular basis due to the high energy nature of this area. Additionally, rock placement is intended to result in less frequent dredging. Maintenance dredging and original structure construction has been permitted under CAMA Major 78-97 and the maintenance dredging authorization has been renewed and is currently permitted. The proposed rock jetty rebuild is 245 per side (490 ft total) and the proposed breakwater alignment is 99 ft (51 ft and 48 ft). See site plan. Included on the site plan are a set of typical jetty and breakwater construction cross -sections. The maximum width of the jetty rock would be 26 ft and the maximum width of the breakwater rock would be 16 ft. The applicant proposes to install a fabric base within the rock footprint. This concept was the point of discussion during a September 23, 2014 inter -agency scoping meeting at the NCDENR Washington Regional Office. This was a helpful interaction which allowed us to revise the CAMA plan as presented herein. Existing Environmental Conditions Water Depths and Sediment Transport On 2014, Brian Rubino from Quible performed an in -water existing conditions survey. Water depths (relative to NW L) were collected and have been plotted on the CAMA plan. In general, inside of the existing jetty (established channel) water depths are -5.5 ft or greater. Due to longshore current sand transport along the natural shoreline, shallow banks tend to develop inside the canal where sand passes through or around the existing breakwater that is generally perpendicular to shore. This causes the need for systematic maintenance dredging inside the canal. Observations of sediment transport suggest that in the summer months (with southwest prevailing winds) there is more sand accumulation on the south side of the canal and jetty system and in the winter months (northeast prevailing wind) there is more sand accumulation on the north side. This is consistent with other nearby projects that we have worked on. RECEIVED OUIBLE & ASSOCIATES, P.C. ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING NOY 17 2 N W W W.QUIBLE.COM DCM-MHD pry CAMA Major Narrative Kitty Hawk Landing Association, Inc. October 6, 2014 SAV Evaluation A SAV evaluation was conducted in June 13, 2014 and involved wading, viewing and physically touching the bottom. The first phase of this evaluation was to cover as much of the shallow water area adjacent to the project as possible using snorkel and mask. There was poor underwater visibility (approximately 1-2 ft), which is typical for this area along the Albemarle Sound. The surface substrate type is dominantly sand dominated at the surface with clay and/or peat beds exposed in some areas, especially immediately adjacent to the north side jetty and marsh. The second phase of the evaluation was to systematically establish transacts in the water perpendicular to the shoreline with sampling stations along each transact. The sampling stations are the same locations as the plotted water depths. At each station, water depth was measured, bottom type noted and the bottom was observed for the presence of SAV. On the north side of the jetty system, starting in water greater than -0.5 ft deep, there was patchy SAV resources consisting of Stuckenia pectinata (Sago pondweed), Ruppia maritima (Widgeon grass), Myriophyllum spicatum (Eurasian watermilfoil) and Vallisneria Americana (Wild celery). The majority of SAV growth in this area is in water -1.5 ft deep to -3.25 ft deep where there are significant beds. On the north side, the limiting water depth for SAV growth was found to be -3.25 ft. The SAV was observed inside the canal and in the Sound. Dashed lines on the CAMA plan indicate the limits of SAV areas that currently exist. On the south side of the jetty system, no SAV was identified in June 2014. While there are water depths sufficient to support SAV, as mentioned above, this side of the canal receives a high level of sediment movement during the summer months which likely affects the ability for SAV beds to take hold. Since the species of SAV identified on the north side have a Spring - Summer growth period in this region, it is unlikely that SAV beds can be found in the winter. Our proposed jetty and breakwater areas do not appear to regularly support SAV, likely due to water depths and high energy. RECEIVED Nnv 17 2014 DCM-MHD CITY DCM MP-1 1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Kitty Hawk Landing Association, Inc. Project Name (if applicable) KH Landing Jetty and Breakwater Replacement Applicant 1: First Name Peter MI Last Name Collins Applicant 2: First Name MI Last Name If additional applicants, please attach an addaional page(s) with names listed. Malling Address PO Box P.O. Box 923 City Kitty Hawk State NC ZIP 27949 Country USA Phone No. ext. FAX No. - Street Address (d different from above) City State ZIP Email 2. AgenNContractor Information Business Name Ouible & Associates, P.C. Agent/ Contractor 1: First Name MI last Name Brian D Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 3300 ext. 240 ext. FAX No. Contractor # 252 261 1260 Street Address (d different from above) City State ZIP 8 Juniper Trail Southern Shores NC 27949- Email RECEIVED brubino*quible.com NOV 1'/ Lut+ <Form continues on back> DCM-MHDOW 252.808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 5) 0CT 21 APPLICATION for Major Development Permit r 3. Project Location County (can be multiple) Street Address State Rd. # Dare Ivy Lane Subdivision Name City State Zip Kitty Hawk Landing Kitty Hawk NC 27949 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. SNatural ❑Manmade ❑Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed SYes [--]No work falls within. Town of Kitty Hawk 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A N/A c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or N/A, NWL (normal water level) N/A ❑NHW or❑NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract N/A I. Man-made features and uses now on tract Existing Jetty/Breakwater System, Canal g. Identify and describe the existing land uses adjacent to the proposed project site. Residential Uplands and Undeveloped Wetlands It. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ❑Yes [:]No SNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes SNo [INA National Register listed or eligible property? <Form continues on next page> RECEIVED Nf13i il'' 4 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement,,ngt-.].Y Form DCM MP=1 (Page 3 of 5) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? []Yes ®No (if) Are there coastal wetlands on the site? []Yes ®No (III) If yes to either (1) or (ii) above, has a delineation been conducted? []Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. - - N/A o. Describe existing drinking water supply source. OCT 2 1 2014 N/A p. Describe existing storm water management or treatment systems. C.GAS No SWMP; open water t t - 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The subject site is located in the Albermarle Sound at the entrance to the Kitty Hawk Landing area in Kitty Hawk, Dare County, North Carolina. The primary purpose of this proposed work is to create permanent rock boat channel entrance stabilization in the location of the existing damaged vertical jetty and breakwater system. The site is at the entrance of the northern Kitty Hawk Landing Canal, known as Avery Pond. Maintenance of a navigable canal entrance is essential to allow continued boat use in this area. Much of the existing jetty system is in a dilapidated condition and some of it is washed out altogether. The existing piling and sheetpile jetty system is proposed to be left in place and areas where pilings are gone would involve re -installation of the washed out pilings prior to the addition of rock. The majority of the washed out pilings have been saved by Kitty Hawk Landing The proposed rock jetty is 245 per side (490 ft total) and the proposed breakwater alignment is 99 It (51 ft and 48 ft). c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. hopper barge, excavator, support barge, vibratory hammer d. List all development activities you propose. Piling repair to existing jetty and breakwater system, Rock placement to channel entrance jetty system and breakwater wingwalls e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. RECEIVED None NOy 17 ?M4 DCMV' HP'GtT,V I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit i j. Is there any mitigation proposed? []Yes []No ®NA If yes, attach a mitigation proposal. <Form continues on back> 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) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. 6. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name George and Brenda Pitonyak Phone No. Address 39181vy Lane, Kitty Hawk, NC 27949 Name FG Tillett Heirs, C/O Burvell Beacham Phone No. Address 79 Pagoda Street, Milton, MA 02186 Name Phone No. - Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major 78-97 (jetties, breakwater and dredging) In. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land 1 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 LIIOD sifwcakaicwr^aesrxs I further certify that the information provided in this application is truthful to the best of rIitit )Rabe. Date I;47.0� 2O%4 Print Name HD JITY' Signature OCT Please indicate application attachments pertaining to your proposed project. I! OCT 2 1 2014 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridgesjand liverts 262-808-2808 .. 1.886.4RCOAST .. uiww.nceo�st nagemen! neS ,! ' Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED NOY 17 1014 DCM-MHD CITY 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement. net Form DCM MP-2 EXCAVATION and FILL OCT 21 2414 (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 x Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline N W L) stabilization Length (2) 245 (1) 51, (1) 48 Width (2) 26 16 Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NW L in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated Include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? []Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of disposal in these areas: d. (1) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (ii) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA III) If yes, how much water area is affected? RECEIVED Nnv 17 2014 DCM-MHD CITY 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12/26106 Form OCKI P-2 (Excavatlon and Fill, Rage 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Tvoe of shoreline stabilization: b. Length: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill_ Other_ I. Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? []Yes [-]No ❑NA (if) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material.. 1 OCT 2 1 2014 I 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brouaht to the site? ®Yes ❑No ❑NA b. (1) WIII fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water 1,620 cu vds (iii) Dimensions of fill area (2) Fatties @ 245 ft x 26 tt. (1) breakwater winowall ® 51 f1 x.16ft. (1) breakwater winowall 0 48 ft x 16 (iv) Purpose of fill channel protection jetty/breakwater a. How will excavated or fill material be kept on site and erosion controlled? material to be directly transported to site via barge c. (i) Will navigational aids be required as a result of the project? []YesMNo ❑NA (ii) If yes, explain what type and how they will be implemented. submerged aquatic vegetation (bAV), sneu ooQom (bts), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: N/A What type of construction equipment will be used (e.g., tln backhoe, or hydraulic dredge)? barges, long reach excavator, backhoe, vibratory hammer d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Ifi1Zt�'1 a,+� jC 1cJs, Lf� Astoa*O.-I i kc _ - -r— —' - Date Applicant Name ' pA,( ' (yi.ni C Q As,-o'Ji0d Appli�E6 ( ( tiA n 7rt:es lv�o( bteoFss cant Signature Project Name NOV 17 2014 DCM-MHD C[TY 252-808-2808 :: 1.888.4RCOAST ;; ww .nccoastairnanagement.net revised: 12/26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information.;..... 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (11) Number _ (Ili) Length (iv) Width _ (v) Floating ❑Yes []No e. (i) Are Platforms included? []Yes ❑No If yes: (ii) Number (Ili) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (!)Number of slips proposed (ii) Number of slips existing i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: _ m. (i) Will the facility have tie pilings? []Yes []No (ii) It yes number of tie pilings? ® This section not applicable b. (1) Will the facility be open to the general public? []Yes []No d. (i) Are Finger Piers included? []Yes []No It yes: (ii) Number (Ili) Length (iv) Width (v) Floating []Yes []No f. (1) Are Boatlifts included? []Yes ❑No If yes: (ii) Number (Ili) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (1) Will the facilittyy be open to the general public? ❑Yes ❑No RECEIVED Nnv 17 P14 DCM-MHD CITY 2S2-808.2808 :: 1-888.4RC0AST :: www.nccoastalmanamement.ne# revised: 12/27/06 Form 'OCNI MO-4 (Structuiree, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers - ❑ Boatholding tank pumpout; Give type and location: - 1 b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. - "- d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? NOY 17 M ❑Yes ❑No DCM-MHD,Cd1TY 252-808.2808 n 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 -J Fa`arm OCIV( 313140-4 (Stwva tares, Faye 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (III) Length _ (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g,, wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill:) This section not applicable a. (i) Number 2 (ii) Length both are 245 ft (rebuilds) (iii) Width 26' maximum 5. BREAKWATER (e.g., wood, sheetpile, etc.) [I This section not applicable a. Length 2 winawalls. (1) 51 ft. (1) 48 ft b. Average distance from NHW, NWL, or wetlands 30 ft c. Maximum distance beyond NHW, NWL or wetlands 51ft 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED Nnv 17 7014 DCM-MHD CITY e 252-808-2808:: 1-888.4RCOAST:: www.nccoastalmanagement.net revised: 12/27/06 ` orm 0CM MP-4 (Sti,uctures, Flag4 4 of 4) t a. Proximity of structure(s) to adjacent riparian property lines southern breakwater wingwall to adjoin adjacent property, northern wingwall will be 15 ft from adjacent property Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Albemarle Sound: 8 miles Avery Pond Canal: 180 ft e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. private dock +/- 90 ft d. Water depth at waterward end of structure at NLW or NWL 0.5 ft 8. OTHER ❑This section not applicable a. Give complete description: tol`zc�l7.vi`i Date K,-\\N WM,k L&4-1c, 71ete, a A Project Name K*4 �k&w - to �, :�� !k •�t1��., r^ ; Applicant Name Applicant Signature RED EIVED� � I OCT 21 2014 t' COASTAL MANAGEMiair t ELIZ' ErH Ciry RECEIVED Nov 17 7.014 DCM-MHD CifY 252-808-2808 n 1-888.4RCOAS7 :: www.nceaastalinana! nt.net revised: 12/27/06 � a J OCT 2 1 <014 Excise Tax Bnok d pq3 1.156 0455 FILED DARE COUNTS NC 01/16 98 3,11 PM BARBAI?A N• 6RAY Register Of Deeds Doclludent # 0000053 Recording Time, Book and Page Tax Lot No. ___._.. .._ _.__ ._.........._..............._........_._. Parcel Identifier No...._. ...._._ _....._...........___......... Verified by . ....__. __. ........ ..._. __ .__ ... County on the __ _. day of ....., 19 _._. .... by.. _....... ........_..... _. .__.... __... _. _.. __....... ... _..... RE7317sr Mail after recording to .._._.__.. Robert B. Hobbs, Jr., Attorney at Law P.O. Box 310, Nags head, NC 27959 _.........._. ._......__... ........................_ ._.........._ . .._.._. .. _.. _................. .. ._ __..._ ............... This instrument was prepared by _.... John G. Gaw, Jr. Brief description for the Index Easement in Kitty Hawk Landing NORTH CAROLINA NON -WARRANTY DEED THIS DEED made this .14..,......., day of __.January ................ .... ...... .. GRANTOR JAMES P. TYLER and wife, EVELYN C. TYLER , 19 98. , by and between GRANTEE GEORGE J. PITONYAK and wife, BRENDA PITONYAK 2164 Partridge Place Suffolk, Va. 23433 Enter in appropriate block for each party; name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, Lite receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convoy unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ..Town..of Kitty Iiaw1C, _. __._, ._. Atlantic..... _.. ..... Township, Dare ....._ County, North Carolina and more particularly described as foilumcs: Being all that certain strip or parcel of land labeled "I'sasement" said easement being along the eastern border of lots 22 and 23 as shown on a map or plat entitled "Surveyed for William H. Lovelady and Verneddral Lovelady, Lots 22 and 23, Kitty Hawk Landing, Atlantic Township, Dare County, North Carolina dated December 10, 1979, prepared by Professional Land Services, Inc., Kitty Hawk, NC. N.C. Bar Assoc. Font No. y & 1977 Rimed by Al..ost with the N.C. aa, AnodxOon ... 1921 RECEIVED m7p r y "14 �M Book F'%n_e 1156 0456 The property hereinabuve described was acquired by Grantor by instrument recorded in .. ... ..................-................................... Book 470. page 424, Book 470, page 420 A map showing the above described property is recorded in Plat Book ..4__............... page .0.-07........ ,., TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or implied, as to title to the property hereinabuve described. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this lo.lrmnent to be signed in Its corporate name by its duly authorised officers and Its seal to be hereunto affixed by authority of Its Board of- DA... fare, the day and year first above written. ------------------------- .----------------------- ._ \- \.. ---mot ��'- ----------- (SEAL) (Corporate Name) Z dA 1i F. /T LER By: ---------------------------------------------------- �) L .____ __,j]___.____________.._._.(SEAL) -----------------------------.President z EVELI'n C. TYLER - x ATTEST: L) ___________________________________________(SEAL) a w __. ______-__;Oansgg•, Secretary (Coryonta Seal) „V1a 5EAL_1 O��fj ORTH CAROLINA. --_ Pare ------------------------County. NOTARYg It Notary Public of the County and State aforesaid, certify that -------- _---------- _----------------------- ry At James P. _TJ�:x_And_stife�_LveLyn _G._Sy1P----------------------------------- Grantor, ZOO V pq P aonally appeared before me this day /spit acknowledgeP t e execution of the foregoing.),lstrument. Witness my l/U 1 av and and official stamp or seal, this day day of _._._ I ................ g r� 1 r till/Ietl16114~ ? my cobunls.lon expire.: ___/ .._f.� ________________ ��-_-lY---- .----------- ..__.. ____Notnrr Public SEAL -STAMP NORTH CAROLINA_ ---------------------------------- County. 1, a Notary Public of the County and State aforesaid, certify that A ,n. personally came before me this day and acknowledged that ---- he Is ___________________________ Secretary of ----------------------------------------------------- a North Carolina corporation, and that by authority duly d fit given and as the act of the corporation, the foregoing Instrument was signed In its name by Its _______________ u J President, sealed with Be Corporate seal and attested by ----------- as its ___________________________Secretary Wihu.s my ❑abd and official stamp or seal, thl. ----- day of --------------------------- IS__.__ - My commission expires:_______________________________ ______________________________________Notary Public The foregoing Certlacate(s) of .I - - ----------- Q _q�On - =� ----------------------------------------------------- Ware certified to be correct. This Instrument and this certificate are duly registered at the date and time and In the Book and Page shown art the Nat page hereof. BY _. ___._'yt�S_.Y?? /� C---"--paputy/AaslstaN4R<g iler0of Deeds.___ _________________ COUNTY N.C. Bar Assoc, b'or{, u, 7 W 1677 Minted or Adeneenl v06 d,a N.C. Be, Am,ddion — 1981 POOLE PRINTING OO.. INC. P.B. BOX 17376 RALEIGH, N.C. 27619 RFCFIVED FJOV 17 7014 DCM-MHD CITY DARE ° '> 1'RANSFEIt TAN COGN'TY - �_ a,5��•y' _ Gook Pa-oe 1156 0457 LT#'tl DARE COUNTY NC 01/16/98 FILED aEv.z,570.00 6 $514.00 DARE COUNTY NC 01/16/98 3:13 PM :7"0pT" i;. BARBARA PI• GRAY �pfipLlNp Real a Tax Excise Tax Resister 0'f [.feeds fDf11ffn'',,[urm�ee4lIn't # Excise Tax 514.00 necordbh,IDKA4 Book and Page Tax Lot No. ___. _._. ...._ ........ ....... _.. _.. .. ....... _.... Parcel Identifier No. _. _.. .. .. .... Verified by .......... ..... ........ ............... _.._. __........ County on the ....._ day of ...., 10 ... .. _. by ..... .......... _...... ... _...... .......... .. _. ..... _. _. ... .. .. _ ... .._ .. ... .._. _._.. RE7317sr Mail after recording to ..... .Rod e.rt._If.,yobbR>_J,r...,...Aci;Qrney._a.t... Law.... ........ __ __.. P.O. Box 310, Nags head, NC27959 _._...__ .......... ............ _........ ....._- __.... .1.......... ....._.... _.. __. ..._..... .... This instrument was prepared by ........ John G. Gaw, Jr.,. Brief description for the Index Lot 23, Sec. .l-Kitty Hawk Landing NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ....12th... day of ....._ Janaury_..... . . 1.9 98., by and between GHANT011, GRANTEE JAMES F. TYLER and wife I GEORGE J. PITONYAK and wife, EVELYN C. TYLER BItENDA PITONYAK 2164 Partridge Place Suffolk, Va. 23433 Enter In appropriate block for each party: name, address, and, if appropriate, character of unity, c.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, then' heirs, Nueceggors, and agglgns, and shall include singular, plural, masculine, feminine m• neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration pnid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents doss grant, bargain, quit and convey unto the Grantee is fee simple, all that certain lot or parcel of land situated in the City of Town of Kitty ,Hawk . , Atlantic Township, Dare _ County, North Carolina and liters particularly described as follows: Being Lot 23 of the subdivision known as "Section I, Kitty Hawk Landing" as shown on plat thereof prepared by William F. Clark, Land Surveyor, duly recorded in Map Book 4, Page 86-87 in the Office of the Register of Deeds of Dare County. 'there is also conveved that certain easement as follows: Being all that certain strip or parcel of land labeled "Easement" said easement being along the eastern border of lots 22 and 23 as shown on a map or plat entitled "Surveyed for William H. Lovelady and Verneddral Lovelady, Lots 22 and 23, Kitty Hawk Landing, Atlantic Township, Dare County, North Carolina dated December 10, 1979, prepared by Professional Land Services, Inc., Kitty Hawk, NC. N. C. It., Aa oc. Form No. 3 1P 1476. ft Y iscd 0 1977 - n„w.wmM., a e.... s<.. en. vr. Ysts„w.n.. N. c nms RECeIVED PrInIn10Y nPannwn w„F,M N. C. Nv 4mc. - IMI NOV 17 2014 DCM-MHD CHY } Book Ease 1156 0458 The property hereinabove described was acquired by Grantor by instrument recorded in .... .......................... .............................. Book 470, page 424 .............. ... .. I. ... A map allowing the above described property is recorded in Plat Book ..._4.. .............1. page, 86-87 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is'seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Crnntor will warrant and defend the title agaitst the lawful claims of all persons whomsoever except for the exceptions hereiunfter stated. Title to the properly heraivabove described is subject to the following exceptions: General utility easements and rights of way of record. Ad valorem taxes subsequent to 1997. Restrictive covenants of record. IN WITNESS WHEREOF. the CranLor has hereunto set his ]land skid seal, (IF If corporate. has caused this Instrument to be signed in Its Corporate "Free by Its duly autimrized officers and fixseal to be It, Fannie affixed by authority of its Board of Directors, the day and year first above wrULen. (awI ,orate Name)Name).7 JAME$ I'. ER O _ p 4vSrLt,j,t�_(__1T [ic----------------------------(SEAL) LJVELYN C. YLER M ATTEST: V -------------------------- ------- ----------------------- (SEAL) - - ------------------------------------- ra w ----------------- -------------- .----- Secretary (Can,nrnlc Seal) u) `t•V I r„r r r 41I/r/e __.____. _. __-..--------------- ____ -------------------------- (SEAL) S�JI IDS&hukC/q"" NORTH CAROLINAI _____Dare_______ ____ _ _ _ _GomLLy. j J.:'IOTA /3y U # 1. a Notary Public of like ceW,Ly and state aforesaid. certify that -------------------------------------- .` ; ;O : James P. T__y__1_e__r___a_n__d___wi__f_e__,_ _E_v__e_l__y_n___C__. _Ty__1_e__r__________ _ • 1 - _ _ __ _ Greater, C penoually apyea rid before lie this day and acknowledged the execution of the foregoing instrument. Witness my FU13LIG 3{6l r� e w • -y .• � ; p hand and official alan,P or seM, this _______ day of ___ it �,l,{„�1_��_____________________ ID_ _(/. Cp Frei •: II 7Cq-71 QQ cw ' h le• MY cununissluu ¢spires: �1U.t>E_ 7. L_L Sf.'_ ------ it,%�- _ _L44.Lk___-________ Notar Public e - snla•.r` I-y a EAL-STANIP NORTH CAROLINAI___________________________________ CuunLy. 1, s Notary Public of the County and State aforesaid, certify that e Perauan11Y came before ale this day and acknowledged that ____ Ire Is ___________________________ Secretary of H n-`---------------------------------------------------- a North Camilla corporation, and that try authority duly ..n. given and as file act of Like corporation, file fr reguing feet nuncut was s1,,rd in Its own¢ by Its _ 4 President, sealed will, its corporate seal and a itsled by ----------- as Its ___________________________ secretary. a Wilms.. no, band and official stanp or seal, tills _______day of ___________________________ 19________- MY coulmissimk expires_______________________________ ____ ____ Notary Public The foregoing CerlifhxL,(s) of ....... _ --------------------- - ici _ ._ __q_�6Uri------0�--- 1� -�--------------- - - - --- ----------- --------------------------------- firxra certified to be correct. 'rids Inateunwnt and Oils certificate are duly registered at like dote and time and In the Rook and Page abown on the first Page hereof, ry� \/, D(f� -- ___ -_e- ---- /'L_ 1�--------- ----REGISTER OP IiEEUa FOIL-T-_-___l_ __._COUNTY -- - - --- _-- _ __LIALUr../Assistant-Register of Read. N (-. oar A.,,, Fenn No. ] r'• 1976. Rn,i,ed IF) 1977 � rm„m wnu..,na n.. e.., a., iar, v.,I... e,o. x I,. voss RECEIVED Nov 17 20M DCM-MHD CITY Excise Tax Book Page 1.15E 0455 FILED DARE COUNTY NC 01/16/98 3.11 PM BARBARA Me GRAY Register Of Deeds Document # 0000053 Recording Time, Book and page TaxLot No.......................................................................................... Parcel Identifier No........................................................................... Verifiedby ... ...._........................................ ....................- County on the ............... day of ........................................ _............... 19............ by ........_ ................. ....... .......... ............... ........._........... ..... .:..............................._......................__........................................................................... RE7317sr Mail after recording to Robert B. Hobbs, Jr., Atat Law ...................................................................................................................................................................................... P.O. Box 310, Nags Head, NC 27959 ................................................................................................................................................................................................................................... This instrument was prepared by ........ John G. Gaw, Jr. Brief description for the Index Easement in Kitty Hawk Landing NORTH CAROLINA NON -WARRANTY DEED THIS DEED made this .14........... day of .-...January .............................. .... . 19... 9S..., by and between GRANTOR JAMES P. TYLER and wife, EVELYN C. TYLER GRANTEE GEORGE J. PITONYAK and wife, BRENDA PITONYAK 2164 Partridge Place Suffolk, Va. 23433 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and -convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ..T.OWa..A.f ICltty.. H.aWk. I..... .... I ...... .............._. Township, .................. ......... I ...... County, North Carolina and more particularly described its follows: Being all that certain strip or parcel of land labeled "Easement" said easement being along the eastern border of lots 22 and 23 as shown on a map or plat entitled "Surveyed for William H. Lovelady and Verneddral Lovelady, Lots 22 and 23, Kitty Hawk Landing, Atlantic Township, Dare County, North Carolina dated December 10, 1979, prepared by Professional Land Services, Inc., Kitty Hawk, NC. N.C. bar Assoc. Foern No. r P 1917 Printed by Apeement with ,he N.C. Bur Aoeclaeon — 194n RECEIVED Nnv 17 2014 DCM-MHD CITY Bn nk' F7ae 1156 045E The property hereinabove described was acquired by Grantor by instrument recorded in ............... .............. ...... - .............. ........... Book 470, page 424. Book 470, page 420 ........... .... .... ............. ....... ... ...... ........ ....._....................... ........................ ,...... ....... .....,...,............, .._..._............,.............. I...... A map showing the above described property is recorded in Plat Book .. 4................... page ...... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or implied, as to title to the properly hereinabove described. IN WITNESS WHEREOF, the Grantor has hereunto set his (sand and seal, or If corporate, corporate name by Its duly authorized officers and its seal to be hereunto affixed by authority above written. (Corporate Name) By: ---------- --------------------- President ATTEST: -------- - - - -- ---- -- - - ------ ----- - - -- ------------- __________________ aoasea­Secretary (Corporate Seal) E. NOtARY i YrR PUBLIC this Instrument to be signed In Its of- Directors, the day and year first _________________(SEAL) _.__ _.____-_____(SEAL) -------------------------------(33AW TN CAROLINA, Dare ------------------------ County. Notary Public of the County and state aforesaid, certify that .. .______. - .yh4A_ntAtl_YL1Ae�-1:vEl}cTL_t. 1jr1eS--_--_______________--_----_--__ Grantor, sanally appeared before me this day a If aeknowle igep a execution of me faregoln netrument. Witness my and and official stamp or seal, this / A{_ daY of ______ A `L'�t/______________19 r,. my cmnmisslm expires/Y:__L7i?C� fl_. r �.!� �_ lh_____NotarY PnUtic SEAL -STAMP NORTH CAROLINA_ ---------------------------------- County. I, a Notary Public of the County and State aforesaid, certify that ------ ____________________________________ personally time before me this day and acknowledged that _.__ he Is ___________________________ Secretary of „.______________________________________________________ a North Carolina corporation, and that by authority duly W given and as the act of the corporation, the foregoing Instrument was signed in its name by its _______________ e e p President, aenled with its corporate seal and attested by ----------- as its --------------------------- Secretary. Witness my hand and official stamp or seal, this _____ day of --------------------------- 19_____- My commission expires: _______________________________ ______________________________________Notary Public The !ongoing Certificate(a) of ------------- ___ _ ___ ____________ 1Gt �O.n - -- --------------- ----------------�ia_&------�----r F�----U,J-J--N---------------------------------------------------- -------------- Is/are certified to be correct. This Instrument and this certificate are duty registered at the date and time and in the Rook and Page shown on the first page hereof. 6A -hof n ___________ _ _____ 1_ 1_V•l_______ REGISTER OF DEEDS FORL(f!________COUNTY DY --.__ -_�_�'�Jg]!�_�Sry/.�Y�ry_ !t/ XAd._ _-_--_LaWeY/Assislant-Regiater. of Deeds. N.C. Be, Asset. Fort, . 1 O 19]] Printed by A,vc,nenl wish Iha N.C. Bar Aumi.fl.n — 19/1 POOLE PAINTING CO., INC. P.O. BOX 17010 RALEIGH, N.C. 21019 RECEIVED Nnv 11 71014 OCM-MHD CITY ,gg,>: Itru RST,4TP. DARE o....t+°'P I•ItANSPLitTAX COUNTY �j' 'q; to s�� LTO 4 t7 DARE COUNTY NC O1/16/9B REV.2,570.00 a $514.00 sTnR U ►lOppTNNA +': ; Real Estate t'�s'! Excise Tax cp � Excise Tax 514.00 Tax Lot No ............... ......... Verifiedby ................................ by............... RE7317sr Book Page 1156 0457 FILED DARE COUNTY NC 01/16/98 3:13 PM BARBARA M. GRAY Register- of Deeds Do�77cu��m,ee��n�1t # RecordQQ00M Book and Page . .. .. ... Par6el Identifier No. . .......... _.... _. _..... ......... I ...................... County on the ........ day of ...... .... .. _..___.. 19. _......... Mail after recording to .............. sber.t...P.,...Hob.b.s.>...J.r. .>...A t; t.o.rney...a.t..Law..... ..... ........ ................... ....._, _...... ....__... ......... P.O. Box 310, Nags Head, NC 27959 ............... ...................................._............................................................................................... ... ._......................__..........._ ......._........_ .. This instrument was prepared by ............ . .......... _............ .,... ...... ._._. .. ... ._............ Brief description for the Index Lot 23, Sec. 1—Kitty Hawk Landing NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ....12th,,. day of ... ......... .Janaury,,,,,,,,............__.. , 19..9$.. , by and between GRANTOR JAMES F. TYLER and wife EVELYN C. TYLER GRANTEE GEORGE J. PITONYAK and wife, BRENDA PITONYAK 2164 Partridge Place Suffolk, Va. 23433 Enter in appropriate block for each Party: name, address, and, it appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grandee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey onto the Gritulue in fee simple, all that certain lot or parcel of land situated in the City of .T.own,.of„Kitty, 11awk............... .Atlantic „ _ Township, Dare .. County, North Carolina and more particularly described its follows: Being Lot 23 of the subdivision known as "Section I, Kitty Hawk Landing" as shown on plat thereof prepared by William F. Clark, Land Surveyor, duly recorded in Map Book 4, Page 86-87 in the Office of the Register of Deeds of Dare County. There is also conveyed that certain easement as follows: Being all that certain strip or parcel of land labeled "Easement" said easement being along the eastern border of lots 22 and 23 as shown on a map or plat entitled "Surveyed for William H. Lovelady and Verneddral Lovelady, Lots 22 and 23, Kitty Hawk Landing, Atlantic Township, Dare County, North Carolina dated December 10, 1979, prepared by Professional Land Services, Inc., Kitty Hawk, NC. N. C. Ra, Assoc. Form No. s A 1976, Re•n,cd 0 1977—,.r•.,rmi.=, a w.,,K., er. on v ae.na•, s. c v,ns rnnm, nv e•, n,.o•. - mu RECEIVED Nov 17 M4 Book Pace 1156 4458 The property hereinabove described was acquired by Grantor by instrument recorded in............................................................. Book 470, page 424 ...... .... ..:................................ ............................................................... .................................................................................................................. A map showing the above described property is recorded in Plat Book......A........................... pa age TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee Simple, that title is marketable and free and clear of all encumbrances, and that Grnntor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: General utility easements and rights of way of record. Ad valorem taxes subsequent to 1997. Restrictive covenants of record. IN WITNESS WHEREOF, the Grantor Iraq hereunto art his hand anti seal, or If corporate, ),as eauand this Instrument to be sl,nOd In Its corporatt name by Its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. _________________(aEAW (Corporate Name) e] JAME$ F. ER Dy: ------"_------ -'------------------------- ,1 r3 ---____President I, -I $VELYN C.YLER M nr•1•esT: � u �.1------------------------------------------------------------(SEAL) -------------------------------------------------------------- w ---------------------------Secretary (Corporate Seal) N sssps,aurfgrrrss J __.______. ______________________________________(SEAL) S];J1L-s etabllrr.. .lam' �e NORTH CAROLINA- _____DBLE _ Y` '1 _ ________________ComhtY. Ji`NOTARy PUBLIC CO UW 1w y 1, a Notary Public of the County and State aforesaid, certify that __________________________________________ J : S James F. Tyler and wife, Evelyn C. Tyler +� y--------------------------------------------------------------- ;-________-_________.---------------- Grantor, L E V mPersonally aDPeareIII before me this day and acknowledged the execution of the foregoing Instrument, ,6 Witness my P hand and official stamp or seal, this 13 _ day of :-5IPA 1_l,I__, r--- -------------, Ir}gp MY commission exPirea: ` riE--�--Z7__1_L1St----- SEAL -STAMP NORTR CAROLINA, 1, a Notary Public of the County and state aforesaid, certify tut Notary Public AA personally came before me this day and acknowledged that ____ be Is ___________________________ Secretary of ------------------------------------------------------- a North Carolina sorPotatimh, and that by authority Only given and as the act of the enrporatiun, the foregoing lestnuuent was signed In its statue by its _______________ W aPresident, sealed with Its corporate seal and attested by _ as Its Secretary, Witness Illy band and official atan,D or are, tds _______day of ______, 19________ ____________________ My cullubw1m, expirca: Notary Public The foregoing Ce,Lifleote(r) of _______ ---------------------UGC-�Cr� : �---gbt7n l�D�t-------------- ---------------------------------------------- -- -------------- ---- -- ,teore certified to be correct rear.. This Instrument and this )certificate are duly registered at ill. list, and time and In the nook and Peg e shown on the OF BY .._.�'^_.f_--]!T_4Lr3(l ! ` __Yv ld,A.-____)[ EDS tlyruL,y/ARss(sl nt EReglateOfd ar ,UTY ______________________CON N. C. Ilnr Ansoc. Farm W. 3 WT 1976. Reclaed 0 1977 — �.�,., wini.�,. o co., m... eo. m, rnsl�wnn, n. c, arms r,,,nn.. nv a a nv.,r,,, ,vat, ey N. C. Nr qme. 1.1 A113 GHIN-AJCI RECEIVED Nnv 17 2014 DCM-MHD CffY Y101 L I AUN f]3AI3C3b I OCT 21 2.014 G �o B: 1908 P: 93 De�e� ! e 12-122M631g593 6318p5/93a��9�: LL119+0,8{ P�:,y.9,3��{Pa9- r]9fI�3, I9{/81.4�111,22 �93,.12 Pm 09,14' M12Di cnur1 an- Pea�starncEsOeaes aw°e e$0 ton ,ill IIIr�11•WM�Yilif1iYTyryRiYWi1Tl��11'�IRiM1 ITY11111�Y,�ll) Ooc Code OEEO �• d 0 EASEMENTDEED 1, BURVELL(d. BEACHAM, of Milton, Massachusetts for consideration paid in the amount of LESS TITAN ONE HUNDRED (<$I00.00) DOLLARS, grant to the BURVELL G. BEACHAM, TRUSTEE OF THE BEACHAM FAMILY REVOCABLE TI"T u/d/t August 14, 2012, of 79 Pagoda Street, Milton, Massachusetts, with QUITCLAIM C4WANTS, A perpetual vehicular eas�nt of right of way for the purpose of egress, ingress and regress over, upon and alonga that certain parcel of land lying and being in the Village of Kitty Ilawk, Dare County, N'6' It Carolina, and more particularly described as follows: U P��� BEGINNING at a point located ib the South margin of a 20 foot sand road leading from o Stale Road Number 1208 to Cum"Sound, said point of beginning being also located South 78 deg. 14 min. 27 sec. Wes .75 feet from the Northeast comer of property d owned by the heirein party of the first qvi thence from said point of beginning South 5 4 deg. 54 min. 16 sec. West 66.66 feet tip% point; thence South 53 deg. 43 min. 21 sec. West 140.17 feet to a point; thence Sou&I 4 deg. 29 min. 13 sec. West 55.50 feet to a point; thence South 39 deg. 26 min. 53 sec est 46.90 feet to a point; thence South 51 deg. 35 min. 08 sec. West 53.27 fleet to a p ' ; thence South 29 deg. 16 min. 05 sec. West 46.56 feet to a point; thence South 48 g. 05 min. 54 sec. West 55.70 feet to a point; thence South 10 deg. 01 min. 34 sec. West 110.75 feet to a point; thence South 29 deg. 38 min. 01 sec. East 32.74 feet to a point; thence South 16 deg. 07 min. 24 sec. a West 39.48 feet to a point; thence South 36 deg. 4?)vin. 04 sec. West 98.03 feet to a point; thence South 20 deg. 19 min. 03 sec. West 219rt3i feet to a point; thence South 09 deg. 53 min. 08 sec. West 66.92 feet to a point; then(OSouth 35 deg. 37 ruin. 07 sec. West 47.63 feet to a point; thence South 12 deg. 59 mixN sec. West 120.10 feet to a point; thence South 36 deg. 32 min. 42 see. West 51.05 t2kVW a point; thence South 12 _ deg. 17 min. 22 see. West 48.35 feet to a point located in tlt' orth line of lands owned r by parties of the second part; thence along lands owned b ws of the second part i o (� North 75 deg. 33. min. 39 sec. West 12.01 feet to a point; thed North 12 deg. 17 min. M o ,22 sec. East 50.48 feet to a point; thence North 36 deg. 32 min.7�jkc. East 51.13 feet to --� a point; thence North 12 deg. 59 min. 56 sec. East 120.00 feet to a point; thence North 35 deg. 37 min. 07 sec. East 47.31 feet to a point; thence North 09 deg.4) min. 08 sec. East 0 65.27 feet to a point; thence North 20 deg. 19 min. 03 sec. East 221(96 feet to a point; thence North 36 deg. 43 min. 04 sec. East 97.58 feet to a point; thence rth 16 deg. 07 min. 24 sec. East 32.24 feet to a point; thence North 29 deg. 38 min. 01 West 32.00 o feet to a point; thence North 10 deg. 01 min. 34 sec. East 119.22 feet to int; thence z North 48 deg. 05 min. 54 sec. East 57.85 feet to a point; thence North 12 de 6 min. 05 sec. East 46.94 feet to a point; thence North 51 deg. 35 min. 08 sec. East 54. Feet to a point; thence North 39 deg. 26 min. 53 sec. East 42.97 feet to a point; thence North 14 deg. 29 min. 13 sec. East 57.12 feet to a point; thence North 53 deg. 43 min. 21 sec. East p. RETURN T634.13 feet to a point; Law Offices of Nnr T. Clark P.C. 200 Chauney Street Suite 100 RECEIVED Mansfield, Massachusens 0?048 Nov 17 T" DCM-MH1= Cffy Book 1908 Page 093-0001 thence North 05 deg. 54 min. 16 sec. Fast 57.52 to a point located in the South line of said 20 foot sand road; thence along the South margin of said 20 foot sand road North 78 �O deg. 14 min. 27 sec. East 12.59 feet to the point and place of beginning. bove described property being a 12 foot easement located between the South line of said 20 fort attd road and North line of property owned by the herein parties of the second part. TO I'1GE AND TO HOI.D said easement and right of way to them, the parties of the second part, thob heirs, assigns and successors in title forever; it being agreed by and between the parties hereto thV said easement shall be used in common by the parties granted easement rights in deed referenced b ow and such other persons, firms, or corporations to whom any of the parties hereto may Tt and convey the right to use the same as a means of access, ingress and regress to and as an a rtenance to any other lands owned by the parties hereto. For my title see d from Frances H.M. Akers recorded in said Registry on February 5, 1988 in Book Pag [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] �O Y 10 O RECEIVED NOV 17 1014 DCM-Mmo CITY O C C• 1111 Ri"iYOfi,wl�rli "911:10H i�a,�' IN UtWIN111 d 0 Book 1908 Page 093-0002 Witness our hands and seals this 14"' day of August, 2012. BURVELL G. BEACHAM COMMONWEALTH OF MASSAC14USETTS BrisQ ounty, ss his 14`h `AV'tday of August, 2012, before me, the undersigned notary public, personally peared BURVELL G. BEACHAM, proved to me through satisfactory evidence 4', ntification, being (check whichever applies):❑ driver's license or other state or fedei�l( governmental document bearing a photographic image, ❑ oath or affirmation of a credible witness known to me who knows the above signatory, orXmy own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by him voluntarily for its stated purpose. _,.ipo9Rwu.._ `fi Peter T. Clark, Notary Public My commission expires: March 21, 2014 Qualified in the Commonwealth of Massachusetts d O QfYECE V ED NOY 17 2014 ,lha! 11f��rt�l l�il :aGeV IiIJ 1�4T picky 1 ° mill K1`46 pi 190aP.°CM t""D C1NVII d Book 1908 Page 093-0003 11/04/2014 07:55 2523314739 NCDCT PAGE 01/01 14CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 29, 2014 MEMORANDUM TO: Ken Pace, PE; povironmental Operations & Rest Area Department of Transportation FROM: Daniel Govoni. Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE &. FILL Permit Application Review John E, Skvada, III Secretary �ftelVe lupV p 3z014Z��Y D/5`Icro-ppz IWJQ .Applicant: Kitty Hawk Landing Associations We - Project Location: Adjacent to 3918 Ivy Vane, Kitty Hawk, Daze County Proposed Project: Repair vinyl jettylbreakwater system; Install rock jetty/breakwater system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/19/14 to 400 Commerce Avenue Morehead Ci NC 28557 Tax- 252-247r3330 . If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data.are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. SIGI This office approves of the project only if the recommended changes are incorporated. See attached, This office objects to the project for reasons described in the attached Comments. DATE-- :th Clly, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723:Internet: www.nccoastelmanagementnet An Cqual opportunity \Alflmnative Action Employer January 5, 2015 Regulatory Division Action ID No. SAW-2014-02024 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Peter Collins and Kitty Hawk Landing Assoc, to repair 40 feet of an existing vinyl sheet -pile jetty and breakwater system, then install a rock jetty and breakwater system at the same location approximately 245 linear feet long and 26-16 linear feet wide to reinforce the system and stabilize the existing channel, located in Kitty Hawk Bay, at Kitty Hawk Landing, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management Pat McCrory Govemor Cj j NCDENR North Carolina Department of Environment n i= October 29, 2014 MEMORANDUM TO: 2014 II eational Patti Fowler, Section Chief Marine Fisheries — Shellfish Sanitation & Recreational Water Quality FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Association, Inc. Project Location: Adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County Proposed Project: Repair vinyl jetty/breakwater system; Install rock jettylbreakwater system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/19/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. YThis office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED ROV GfDATE 11/16/ 1y 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Intemet: www.nocoastalmanagement.net PECEWD NOV 12 1014 L)CM W'D CGow An Equal opportunity 1 Affirmative Action Employer k LV NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 29, 2014 MEMORANDUM TO: I_VZ17AI� SUBJECT: Applicant: Project Location: Proposed Project: John E. Skvarla, III Secretary Charlan Owens, District Planner Division of Coastal Management Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Kitty Hawk Landing Association, Inc. Adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County Repair vinyl jetty/breakwater system; Install rock jetty/breakwater system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/19/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. RECEIVED REPLY: This office has no objection to the project as proposed. Nnv 10 20N This office has no comment on the proposed project. DCMA44�00r, This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. k s u;� NE DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer �� A'� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM TO: Daniel Govoni, DCM Assistant Major Permits Coordinator Division of Co71CMIP, anagement FROM: Charlan Owen NE DCM District Planner Division of Coastal Management John E. Skvarla, III Secretary SUBJECT: Major Permit Request by Kitty Hawk Landing Association, Inc. to replace 40 linear feet of jetty, repair jetty/breakwater structures, and install 980 linear feet of rock stabilization at a maximum width of 26 feet and 190 linear feet of rock stabilization at a maximum width of 16 feet within a 300 foot long access channel that connects Avery Pond to the Albemarle Sound; adjacent to 3918 Ivy Lane, within the Kitty Hawk Landing subdivision, in the Town of Kitty Hawk. Date: November 5, 2014 Consistency Determination: The request is consistent with/not in conflict with the Town of Kitty Hawk 2004 Core Land Use Plan (LUP) certified by the CRC on June 17, 2005. Overview: The Kitty Hawk Landing subdivision is located near the west end of West Kitty Hawk Road, approximately two miles south of the Wright Memorial Bridge. The subdivision layout consists of three (3) major north/south roads that provide access to residential lots with rear yards oriented along a finger system of four (4) man-made canals. Avery Pond is the westernmost canal that extends to the Albemarle Sound. The project area is located in an existing 300 foot long access channel that connects Avery Pond to the Albemarle Sound. Water depths range from 1.5 feet below Normal Water Level (NWL) near the shoreline to greater than 5.5 feet within the channel. Open water fetch ranges from 3 miles to the northwest to 50 miles to the west of the project area. Existing improvements within the channel consist of two (2) solid vinyl sheet -pile jetty and slotted (3 inch per liner foot) breakwater sections projecting into the Albemarle Sound that protect the entrance to Avery Pond. The jetty/breakwater system was authorized under CAMA Major Permit #78-97. The northernmost section consists of a 245 foot long jetty and a 48 foot long breakwater. The southernmost section consists of a 245 foot long jetty and a 51 foot long breakwater. Much of the jetty/breakwater system is in a dilapidated condition and some of it has washed out altogether. The northernmost jetty section is missing 40 linear feet at the west end due to storm damage. RECEIVED Nnv1p7014 1367 US 17 South, Elizabeth City, NC 27909 DCM-MHD CITY Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www riccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 of 3 Replacement of 40 linear feet of jetty, repair of the jetty/breakwater structures, and installation of 980 linear feet of rock stabilization at a maximum width of 26 feet and 190 linear feet of rock stabilization at a maximum width of 16 feet are proposed. Rock will be placed on both side of the jetty/breakwater structure, with 26 foot widths along the jetties and 16 foot widths along the breakwaters. Fabric base will be installed within the rock footprint. Rock sections will be sloped at 2:1. Rock along the northern breakwater will be located approximately 15 feet from the adjacent shoreline. Rock along the southern breakwater will be connected to existing riprap along the adjacent shoreline. The waters of the Albemarle Sound in this location are classified as SB swimming and are open to shellfish harvesting. No SAV's were found within the project area. Archaeological site Dr17 is located immediately south of the existing jetties on an area referred to as Shellbank Point. Anticipated impacts: resulting from this project are expected to include: the filling of .33 acre of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC). Basis for Determination: The project area is located within a water access channel. The area is not designated on the Town of Kitty Hawk Future Land Use Map (FLUM). The following LUP policies may be applicable to this request: Issue Area #5 Community Appearance Policy #5b, page IX-10. "Kitty Hawk supports local identification, recognition, and protection of cultural and historical resources...." Issue Area #12 Natural Hazard Areas RECEIVED Policy #12a, page IX-15. Nnv 10 2014 "...The Town supports applicable State and Federal laws and regulations DCM-MHO CITY regarding land uses and development in areas of environmental concern." Policy #12b, page IX-15. "Kitty Hawk supports CAMA regulations as applicable..." Policy #12e, page IX-15. "Kitty Hawk supports State and Federal policies that regulate the location and intensity of development in State designated areas of environmental concern. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity t Affirmsdve Acton Employer- Made in part by recycled paper North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 3 of 3 Policy #12k, page IX-16. "Kitty Hawk will consider adoption of overlay districts to regulate uses and activities in and on the Atlantic Ocean and Currituck Sound to address the impacts of development and redevelopment and uses on natural features to avoid introduction of hazards to these sensitive environmental resources." Objective #12c, page IX-16. "Support State efforts and initiatives to maintain shellfish water throughout the region." Issue Area #22 Tourism Policy #22a, page IX-23. "Kitty Hawk recognizes the vital importance of tourism to the local economy and supports efforts to maintain its status as a desirable place to visit and vacation. The Town also recognizes the need to address the infrastructure and service demands of the seasonal populations that may occur." Issue Area #25 Water Quality Policy #25b, page IX-25. "Kitty Hawk will continue to promote the protection and improvement of water quality by adopting, enforcing, and amending as necessary ordinances and procedures to regulate land use, development, and redevelopment as appropriate in natural hazard areas and areas of environmental concern. The Town supports applicable State and Federal laws and regulations regarding building, land uses, and development in areas of environmental concern." Objective #25c, page IX-26. "Support State efforts aimed at protecting open shell fishing waters and restoring closed or conditionally closed shell fishing waters." RECEIVED Nnv 1 0 2014 DCM-MHD CITY 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Alfirmi Action Employer- Made in part by recycled paper NCDEMIR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 29, 2014 MEMORANDUM TO: IU:TI]TJ I IN Re 6 Applicant: Project Location: Ben Alexander Code Enforcement/Fire Inspector/CAMA Officer Town of Kitty Hawk Daniel Govoni Assistant Major Permits Coordinator CAMA/DREDGE & FILL Permit Application Review Kitty Hawk Landing Association, Inc. Adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County John E. Skvarla, III Secretary Proposed Project: Repair vinyl jetty/breakwater system; Install rock jettylbreakwater system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/19/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED A 40 DATE 3— � Y RECEIVE@ 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2W9011 FAX: 252-264-3723; Internet: www.nocoastalmanagement.net NOV 0 6 ?" DCM-MHG Ci An Equal Opportunity 1 Affirmative Action Employer 4-0 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor November 4, 2014 MEMORANDUM: To: Daniel Govoni Major Permits Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA/ Dredge and Fill Permit Application Review Applicant: Kitty Hawk Landing Association, Inc. Project Location: Adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County. John E. Skvarla, III Secretary Proposed Project: Repair vinyl jetty/breakwater system; install rock jetty/breakwater system. REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED ltt�— Public Water Supply Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-948-00401 Internet: www.ncwater.org/pws/ An Equal Opportunity 1 Affirmative Action Employer DATE RECEIVED Noy 072" DCK-41N D-'ii'Y t DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Kitty Hawk Landing Association, Inc. 2. LOCATION OF PROJECT SITE: Within the waters of the Albemarle Sound adjacent to 3918 Ivy Lane, Kitty Hawk Landing subdivision, Kitty Hawk, Dare County Photo Index — 2006: 183-7182 (I,J 17) 2000: Not Available 1995: 187-1973 (C,D 14,15) 1989: 144-11 (V,W 11,12) 1984: 137-494 (U,V 19,20) 1978: Not Available State Plane Coordinates - X: 2963145 Y: 855425 Lat/Long: 36.05690800N,-75.7410410°W Quadrangle: Kitty Hawk, NC (L.L.) 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/22/2014; 10/21/2014 Was Applicant Present — Yes; No 5. PROCESSING PROCEDURE: Application Received Complete — 10/21/2014 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Kitty Hawk Land Classification from LUP - Low Density Residential, Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW) (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Two jetty/breakwater structures, riprap Planned — Rock jetty/breakwater system (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DREDGED FILLED OTHER (A) Shallow Bottom PTA, EW AEC's ±14,324 ft2 (B) Non -Vegetated Wetlands (C) Other (D) Total Area Disturbed: ±14,324 ft2 (0.33 acres) (E) Primary Nursery Area: No RrCEwFD (F) Water Classification: SB Open to Shellfishing: Yes Nov 07 ?q14 DCM-Mr IUC! ` 1 Kitty Hawk Landing Association, Inc. 1/ Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to repair an existing vinyl sheet -pile jetty and breakwater system and then install a rock jetty & breakwater system at the same location to reinforce it and stabilize an existing channel. Project Setting The site of the proposed development is located within the Kitty Hawk Landing subdivision, Kitty Hawk, Dare County. Kitty Hawk Landing is located off of West Kitty Hawk Road (SR 1208) and contains man-made canals that provide access to Kitty Hawk Bay and the Albemarle Sound. The proposed development site is adjacent to 3918 Ivy Lane within the waters of the Albemarle Sound at the mouth of the western -most canal referred to as Avery Pond. A ±300' channel extends from the canal mouth in a westerly direction into the open waters of the Albemarle Sound. An existing storm damaged solid vinyl sheet -pile jetty and slotted breakwater system (3" per linear foot) authorized through CAMA Major Permit #78-97 is located on the north and the south side of the channel. The northern section consists of a ±245' jetty that runs parallel to the channel and a ±48' breakwater section that extends in a northerly direction at the mouth of the canal that ends ±15' from the adjacent property to the north. This jetty section is missing ±40' at the west end due to storm damage. The southern section consists of a 245' jetty that also runs parallel to the channel with a ±51' breakwater section at the canal mouth that extends in a southerly direction adjoining the shoreline on the adjacent property to the south. The adjacent property to the north is a large undeveloped coastal marsh that has ±115' of riprap along the shoreline adjacent to the mouth. The adjacent property to the south contains a single-family dwelling and the shoreline has been hardened through a combination of concrete and bulkheading. A review of available maps indicates that archaeological site DO is located immediately south of the existing jetties on an area referred to as Shellbank Point. The waters of the Albemarle Sound are classified as SB and are open to shellfish taking. Water depths range from ±1.5' below Normal Water Level (NWL) near the shoreline to greater than -5.5' within the channel. The bottom substrate within the project area is primarily made up of sand with clay and/or peat beds exposed in some areas. A Submerged Aquatic Vegetation (SAV) surrey was conducted that identified patchy beds consisting of Stuckenia pectinata (Sago pondweed), Ruppia maritime (Widgeon grass), and Vallisneria Americana (Wild celery) along the shoreline of the northern adjacent property; however, no SAV's were found within the project area. It should be noted that open water fetch ranges from ±3 miles to the northwest to ±50 miles to the west of the project site. In addition to CAMA Major Permit #78-97, Major Permit #153-09 was issued on December 7, 2009 and renewed until January 14, 2015 for maintenance dredging within the subdivisions canal system, including portions of the current project area. Additionally, the permit authorized the placement of the riprap along the shoreline of the adjacent northern property. Development Proposal The applicant first proposes to replace the missing ±40' of jetty and repair the existing jetty/breakwater structures. In an effort to reduce future repairs and stabilize the channel so Kitty Hawk Landing Association, Inc. Field Investigation Report Page 3 dredging occurs less frequently due to shoaling, the applicant proposes to create a rock jetty/breakwater by placing rock on both sides of the sheet -pile jetty (t245' each side) and breakwater (t51' and t48') sections. Maximum widths will be 26' along the jetty sections and 16' along the breakwater sections and will be sloped at 2:1. The proposed rock along the southern breakwater will connect into the existing riprap along the adjacent shoreline and the proposed rock along the northern breakwater section will remain 2:15' from the adjacent shoreline. The applicant also proposes to install a fabric base within the rock footprint. Anticipated Impacts • The proposed rock jetty and breakwater system will result in ±14,324 ft2 of shallow bottom fill within the Public Trust Area and Estuarine Waters AEC's. • The proposed rock jetty and breakwater system will result in t1,620 yds3 of material to be placed within the Public Trust Area and Estuarine Waters AEC's. Submitted by: Ron Renaldi Date: 10/23/2014 RECEIVED NOV 0 7 2014 DCM-MHD CITY CAMA Major Permit Narrative Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, NC October 6, 2014 i General OCT 7 2014 .s� The subject site is located in the Albermarle Sound at the entrance to the Kitty Hawk Landing area in Kitty Hawk, Dare County, North Carolina. The primary purpose of this proposed work is to create permanent rock boat channel entrance stabilization in the location of the existing damaged vertical jetty and breakwater system. The site is at the entrance of the northern Kitty Hawk Landing Canal, known as Avery Pond. Maintenance of a navigable canal entrance is essential to allow continued boat use in this area. Much of the existing jetty system is in a dilapidated condition and some of it is washed out altogether. The existing piling and sheetpile jetty system is proposed to be left in place and areas where pilings are gone would involve re- installation of the washed out pilings prior to the addition of rock. The majority of the washed out pilings have been saved by Kitty Hawk Landing. It is the intention of the applicant to use rock at this time to make create permanent channel stabilization features. Since the time of initial jetty construction, repair and replacement needs arise on a regular basis due to the high energy nature of this area. Additionally, rock placement is intended to result in less frequent dredging. Maintenance dredging and original structure construction has been permitted under CAMA Major 78-97 and the maintenance dredging authorization has been renewed and is currently permitted. The proposed rock jetty rebuild is 245 per side (490 ft total) and the proposed breakwater alignment is 99 ft (51 ft and 48 ft). See site plan. Included on the site plan are a set of typical jetty and breakwater construction cross -sections. The maximum width of the jetty rock would be 26 ft and the maximum width of the breakwater rock would be 16 ft. The applicant proposes to install a fabric base within the rock footprint. This concept was the point of discussion during a September 23, 2014 inter -agency scoping meeting at the NCDENR Washington Regional Office. This was a helpful interaction which allowed us to revise the CAMA plan as presented herein. Existing Environmental Conditions Water Depths and Sediment Transport On 2014, Brian Rubino from Quible performed an in -water existing conditions survey. Water depths (relative to NWL) were collected and have been plotted on the CAMA plan. In general, inside of the existing jetty (established channel) water depths are -5.5 ft or greater. Due to longshore current sand transport along the natural shoreline, shallow banks tend to develop inside the canal where sand passes through or around the existing breakwater that is generally perpendicular to shore. This causes the need for systematic maintenance dredging inside the canal. Observations of sediment transport suggest that in the summer months (with southwest prevailing winds) there is more sand accumulation on the south side of the canal and jetty system and in the winter months (northeast prevailing wind) there is more sand accumulation on the north side. This is consistent with other nearby projects that we have worked on. QUIBLE & ASSOCIATES, P.C. RECEIVED ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING WWW.QUIBLE.COM Nnv 07 7°14 DCM A4HD CITY CAMA Major Narrative Kitty Hawk Landing Association, Inc. October 6, 2014 SAV Evaluation A SAV evaluation was conducted in June 13, 2014 and involved wading, viewing and physically touching the bottom. The first phase of this evaluation was to cover as much of the shallow water area adjacent to the project as possible using snorkel and mask. There was poor underwater visibility (approximately 1-2 ft), which is typical for this area along the Albemarle Sound. The surface substrate type is dominantly sand dominated at the surface with clay and/or peat beds exposed in some areas, especially immediately adjacent to the north side jetty and marsh. The second phase of the evaluation was to systematically establish transects in the water perpendicular to the shoreline with sampling stations along each transect. The sampling stations are the same locations as the plotted water depths. At each station, water depth was measured, bottom type noted and the bottom was observed for the presence of SAV. On the north side of the jetty system, starting in water greater than -0.5 ft deep, there was patchy SAV resources consisting of Stuckenia pectinata (Sago pondweed), Ruppia maritima (Widgeon grass), Myriophyllum spicatum (Eurasian watermilfoil) and Vallisneria Americana (Wild celery). The majority of SAV growth'in this area is in water -1.5 ft deep to -3.25 ft deep where there are significant beds. On the north side, the limiting water depth for SAV growth was found to be -3.25 ft. The SAV was observed inside the canal and in the Sound. Dashed lines on the CAMA plan indicate the limits of SAV areas that currently exist. On the south side of the jetty system, no SAV was identified in June 2014. While there are water depths sufficient to support SAV, as mentioned above, this side of the canal receives a high level of sediment movement during the summer months which likely affects the ability for SAV beds to take hold. Since the species of SAV identified on the north side have a Spring - Summer growth period in this region, it is unlikely that SAV beds can be found in the winter. Our proposed jetty and breakwater areas do not appear to regularly support SAV, likely due to water depths and high energy. 2 N DCM MP-1 „ 1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Kitty Hawk Landing Association, Inc. Project Name (it applicable) KH Landing Jetty and Breakwater Replacement Applicant 1: First Name Peter MI Last Name Collins Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box P.O. Box 923 City Kitty Hawk State NC ZIP 27949 Country USA Phone No. ext. FAX No. - - Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian D Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252.261 -3300 ext. 240 ext. FAX No. Contractor # 252 261 1260 Street Address (if different from above) city State ZIP 8 Juniper Trail Southern Shores NC 27949- Email brubino®quible.com <Form continues on back> Nov 07 M4 DCM hA�D ClPry 252.808-2808 .. 1-888.4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for i OCT 21 ""1� j .Major Development Permit 3: Project Location. i County (can be multiple) Street Address - Stale Rd. # Dare Ivy Lane Subdivision Name City State Zip Kitty Hawk Landing Kitty Hawk NC 27949 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. N/A, I I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Kitty Hawk 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A N/A c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, NWL (normal water level) N/A ❑NHW or❑NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract N/A f. Man-made features and uses now on tract Existing Jetty/Breakwater System, Canal g. Identify and describe the existing land uses adjacent to the proposed project site. Residential Uplands and Undeveloped Wetlands h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> r, 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.not Form DCM MP-1 (Page 3 of 5)' APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (Ili) If yes to either (i) or Ili) above, has a delineation been conducted? []Yes (:]No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. - N/A, , ' l t....r._.,_...... - 7 o. Describe existing drinking water supply source. OCT 2 1 2014 N/A p. Describe existing storm water management or treatment systems. ---------.-'—'i No SW MP; open water in 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The subject site is located in the Albermarle Sound at the entrance to the Kitty Hawk Landing area in Kitty Hawk, Dare County, North Carolina. The primary purpose of this proposed work is to create permanent rock boat channel entrance stabilization in the location of the existing damaged vertical jetty and breakwater system. The site is at the entrance of the northern Kitty Hawk Landing Canal, known as Avery Pond. Maintenance of a navigable canal entrance is essential to allow continued boat use in this area. Much of the existing jetty system is in a dilapidated condition and some of it is washed out altogether. The existing piling and sheetpile jetty system is proposed to be left in place and areas where pilings are gone would involve re -installation of the washed out pilings prior to the addition of rock. The majority of the washed out pilings have been saved by Kitty Hawk Landing The proposed rock jetty is 245 per side (490 It total) and the proposed breakwater alignment is 99 R (51 ft and 48 ft). c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. hopper barge, excavator, support barge, vibratory hammer d. List all development activities you propose. Piling repair to existing jetty and breakwater system, Rock placement to channel entrance jetty system and breakwater wingwalls e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? RFePVEB h. Describe location and type of existing and proposed discharges to waters of the state. None Nfly 0 7 104 DCM-1vEHD CITY 1. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA 252-808.2808 :: 1-888.4RCOAST :: www.necoastaimanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit r j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> 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) — (f) are always applicable to any major development application. Please consult the application, .. instruction booklet on how to; properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 George and Brenda Pitonyak - Phone No, Address 3918,lvy Lane, Kitty Hawk, NC 27949 Name FG Tilled Heirs, C/O Burvell Beacham Phone No. Address 79 Pagoda Street, Milton, MA 02186 -Phone No:',: - Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major 78-97 Qetties, breakwater and dredging) h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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. ..'r1iU`:.iF:i^91Z'GJ`HX.�J�i41'rii-' . I further certify that the information provided in this application is truthful to the best of rftJ+lFlltf%,�. e.. ff Date 42-00''U%Li Print Name CA-birlo ( iJ�2 S10L.Zr+ c�L Signature�� { 1 Please indicate application attachments pertaining to your proposed project. 1 OCT 2 1 2014 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and dulverts 252-806.2808 .. d-888.4RCOAST .. www.nccofjst snag ement.net z.._ ..r i"' ®rtnnMWu .M:9'r ^'pl xa�i'M+1:JF,h �WZlii s.er=m.--y...._ It Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED Nnv 0 7 ZV DCM-811 001•X 252.808.2808 :: 1-888.4RCOAST :: www.neeoastalmanagement.net Form DCM MP-2 rA EXCAVATION and FILL LOCT 2 1 2014 Ii (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all otF6Tsbctions 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 Md.- Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization) Length (2)245 (1) 51, (1) 48 Width (2)26 16 Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION '-0 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. (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), or other wetlands (WQ? If any boxes are checked, provide the number of square feet affected. EICW EISAV EISB EIWL E]None (ii) Describe the purpose of the excavation In these areas: 2. DISPOSAL.0F.EXCAvArED mnmw 0 This section not 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? 0Yes E]No EINA []Yes []No [INA (11) If no, attach a letter granting permission from the owner. (ii) If yes, where? a. (I) Does the disposal area include any coastal wetlands/marsh f. (1) Does the disposal include any area In the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes []No [INA or other wetlands (WQ? If any boxes are checked, provide the number of square feet affected. (!I) If yes, how much water area is affected? [1CW EISAV EISB OWL []None (!I) Describe the purpose of disposal in these areas: 252-808-2808 I.888.4RCOAST :: www.necoastalmonapornent.net revised: 12/26/06 Form DCM MP-2 (Excavation and'F31i, Page 2 of 2) I 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: _ ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:_ Wig; c. Average distance waterward of NHW or NWL: d. Maximum distance watenvard of NHW or NWL: e. Type of stabilization material g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill _ Other _ I. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No ❑NA If yes, (ii) Amount of material to be placed in the water 1,620 cu We (III) Dimensions of fill area (2) ietties ®245 ft x 26 ft. (11 breakwater winawall 0 51 ft x 16 ft. (1) breakwater winowall x 16ft (iv) Purpose of fill channel protection jetty/breakwater 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? material to be directly transported to site via barge c. (1) Will navi afional aids be required as a result of the project? ❑Yes &No ❑NA (k) if yes, explain what type and how they will be implemented. 1oI Z4 7 CA L1 Date + Larti(+/het V i' \++e! Project Name d f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (1i) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. I � OCT 21 2014 ❑This section not applicable b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: WA b. What type of construction equipment will be used (e.g., do backhoe, or hydraulic dredge)? barges, long reach excavator, backhoe, vibratory hammer d. (1) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name ' ► Q,�Mc � ASsocq PLC_ Applicant Signature Nnv 0 7 1014 DCM-MHD CIN 252.808.2808 :: 1.888.4RCOAST :o wvvw.nccoastalmanaoement.net revised: 12126106 Form DCM MP-4 STRUCTURES i ocr, (Construction within Public Trust Areas) --- i Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information,.. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ®This section not applicable a. (1) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Govemment ❑Private/Community ❑Yes []No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes []No (ii) Number If yes: (III) Length (ii) Number (iv) Width (iii) Length (v) Floating ❑Yes []No - (iv) Width (v) Floating ❑Yes 1--]No e. (i) Are Platforms included? ❑Yes ❑No f. (1) Are Boatlifts Included? ❑Yes ❑No If yes: If yes: (ii) Number (I!) Number (iii) Length (III) Length (iv) Width (iv) Width (v) Floating []Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (!) Number of slips proposed h. Check all the types of services to be provided. _ ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: _ m. (1) Will the facility have tie pilings? []Yes []No (ii) If yes number of tie pilings? J. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (!) Will the facility be open to the general public? ❑Yes ❑No F 252-808.2808 :: 1488-411COAST :: www.nccoastalmanapiement.net revised: 12/27/06 It Form DCM PAP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. J. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? RECENED ❑Yes [:]No Nnv o 7 2014 ocan A4Mr%C lY 252.808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Fa9rM MO RMP-4 (Structures, parse 3 of 4) r n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? P []Yes []No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)1 If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None - p. Is the proposed madna/docking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure(s): []Commercial ❑Public/Government ❑Private/Community (ii) Number OCT 2. 1 9tj111_ (ill) Length (iv) Width Note. Roofed areas are calculated from dripline dimensions. 4. GROIN e ( g., wood, sheetpile; eta `If a rockgroin,"use MP-2, Excavation and Fill.) " `"' : ❑This section not applicable a. (i) Number 2 (ii) Length both are 245 ft (rebuilds) (ill) Width 26' maximum 5. BREAKWATER (e.g., wocd, sheetpile,,etc.) ❑This section.not applicable a. Length 2 wingwalls. (1) 51 ft. (1) 48 ft b. Average distance from NHW, NWL, or wetlands 30 ft c. Maximum distance beyond NHW, NWL or wetlands 51ft 6 MOOR/NG.PILINGS and `BUOYS "®This section not applicable a. Is the structure (a): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing =7 GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808.2808 :- 1.888-4111COAS4:; wvvw.nccoastalmanagement.net revised: 12/27106 Form DCAA MP-4 (Structures, Fade 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines southern breakwater wingwall to adjoin adjacent property, northern wingwall will be 15 it from adjacent property Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Albemarle Sound: 8 miles. Avery Pond Canal: 180 ft e. (1) WIII navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. private dock+/- 90 ft d. Water depth at waterward end of structure at NLW or NWL 0.5 ft 8. OTHER ❑This section not applicable a. Give complete description: 1d?Azokki Date KO',y 1{t,,,,,k U4,!" � S;ieas o .A &,oiJ &toss Project Name Applicant Name Applicant Signature REGE"IVED OCT 2 1 2014 """aRewt#uXiaivesi:d*me.Uh4Y;ri'id:,i�l�F�7e: "'? RECEIVED Nnv 07 2014 DCM-MHD CITY 252-808-2808::1.888.4111COAST:: w .nccoastalmanaaement.net revised: 12/27/06 Q��w� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 29, 2014 MEMORANDUM TO: Lee Padrick Division of Community Assistance FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Association, Inc. Project Location: Adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County John E. Skvada, III Secretary Proposed Project: Repair vinyl jetty/breakwater system; Install rock jetty/breakwater system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/19/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED i O�4 DATE /D — 3 / — / 14ECEVVED 1367 US 17 South, Elizabeth City, NC 27909 ►1nv 0 5 7014 Phone: 252-264,39011 FAX: 252-264-3723; Internet: www.nocoastaimanagement.net DCM-MHD CITY An Equal Opportunity 1 Affirmative Action Employer r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory John E. Skvarla, III Governor Secretary IT) u 1 L: t. l TO: Daniel Govoni, Assistant Major Permits Coordinator THROUGH: Frank Jennings, District Manager FROM: Ron Renaldi, Field Representative R -A R . DATE: October 29, 2014 SUBJECT: Kitty Hawk Landing Association, hic. Major Permit Recommendations The applicant proposes to repair an existing vinyl sheet -pile jetty and breakwater system and then install a rock jetty & breakwater system at the same location to reinforce it and stabilize an existing channel. The site of the proposed development is located within the Kitty Hawk Landing subdivision, Kitty Hawk, Dare County. Kitty Hawk Landing is located off of West Kitty Hawk Road (SR 1208) and contains man-made canals that provide access to Kitty Hawk Bay and the Albemarle Sound. The proposed development site is adjacent to 3918 Ivy Lane within the waters of the Albemarle Sound at the mouth of the westem-most canal referred to as Avery Pond. The development proposal involves the Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0203 Manaizement Obiective of the Estuarine and Ocean System It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal area. 1367 US 17 South, Elizabeth City, NC 27909 RECEIVED Phone: 252-264-3901 \ FAX: 252-264.3723 ; Internet: www.ncooastaimanagement.net Nov 0 312111 An Equal Opportunity \ Affirmative Action Employer DCt+n-WO(�fA+ Daniel Govoni, Assistant Major Permits Coordinator Kitty Hawk Landing Association, Inc. Major Permit Recommendations October 29, 2014 Page 2 Consistent: The proposed development is consistent with the intent of this rule. 07H.0206 Estuarine Waters (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of.use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall .be given to . those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. Consistent: The proposed development is consistent with the intent of this rule. 07H.0207 Public Trust Areas (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples.of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed development is consistent with the intent of this rule. Daniel Govoni, Assistant Major Permits Coordinator Kitty Hawk Landing Association, Inc. Major Permit Recommendations October 29, 2014 Page 3 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is water dependent. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development will be consistent subject to Standard Permit Conditions. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. RECEwW Consistent: The proposed development is consistent with the intent of this rule. knv 02 fi Daniel Govoni, Assistant Major Permits Coordinator Kitty Hawk Landing Association, Inc. Major Permit Recommendations October 29, 2014 Page 4 Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (9) Groins, pertains to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (9) Groins Subparagraph (9)(A) states that groins shall not extend more than 25 feet waterward of the normal high water or normal water level unless a longer structure is justified by site specific conditions and by an individual who meets any North Carolina occupational licensing requirements for the type of structure being proposed and approved during the application process. Consistent: The proposed development is consistent with the intent of this rule. The existing jetty/breakwater system was previously permitted through CAMA Major Permit #75-97. The proposed rock jetty/breakwater system will not extend beyond the existing lengths. Subparagraph (9)(B) states that groins shall be set back a minimum of 15 feet from the adjoining riparian lines. The setback for rock groins shall be measured from the toe of the structure. This setback may be waived by written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are co -applicants. Should the adjacent property be sold before construction of the groin commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the permitting agency prior to initiating any development of the groin. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (9)(C) states that groins shall pose no threat to navigation. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (9)(D) states that the height of groins shall not exceed one foot above normal high water or normal water level. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (9)(E) states that no more than two structures shall be allowed per 100 feet of shoreline unless the applicant provides evidence that more structures are needed for shoreline stabilization. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (9)(F) states that "L" and "T" sections shall not be allowed at the end of groins. Consistent: The proposed development is consistent with the intent of this rule. Daniel Govoni, Assistant Major Permits Coordinator Kitty Hawk Landing Association, Inc. Major Permit Recommendations October 29, 2014 Page 5 Subparagraph (9)(G) states that riprap material used for groin construction shall be free from loose dirt or any other pollutant and of a size sufficient to prevent its movement from the site by wave and current action. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0601 No Violation ofAnv Rule No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0602 Pollution of Waters No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish waters when a use attainability study of those waters documents the presence of a significant shellfish resource in an area that could be expected to be opened for shellfishing given reasonable efforts to control the existing sources of pollution. Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, and a multi -agency scoping meeting, I recommend a Major Permit be issued to Kitty Hawk Landing Association, Inc. I also recommend the following condition: 1) The permittee must stake the toe alignment of the proposed rock jetty/breakwater prior to starting work and have it approved by a DCM representative. RECEIVED NnV 01 7W DCM-MHD Co &74LA Sw 7Nfi10 1) NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary October 29, 2014 MEMORANDUM TO: Samir.Dumpor, Environmental Engineer II DWR - Water Quality- Coastal Stormwater Permits, WaRO FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE &'FILL Permit Application.Review Applicant: Kitty Hawk Landing Association, Inc. Project Location: Adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County Proposed Project: Repair vinyl jetty/breakwater system; Install rock jetty/breakwater system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/19/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency -approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �'— DATE 1 2- 3 -f 1367 US 17South, Elizabeth City; NC 27909 Phone:-252-264-3901 % FAX: 252-264-3723; Internal: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer =�n NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Governor Secretary December 3, 2014 Kitty Hawk Landing Association„Inc. Attn.: Mr. Peter Collins PO Box 923 Kitty Hawk NC 27949 Subject: EXEMPTION from'Stormwatec Management Permit Regulations CAMA Major- Dredge & Fill / Bulkhead / Pier Kitty Hawk Landing Jetty and Breakwater Replacement Stormwater Project No. SW7141011 Dare County Dear Mr. Collins: The Washington Regional Office received a copy of your CAMA Major application for the proposed Jetty and Breakwater Replacement project. located adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County, on October 30, 2014. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that.your project will not require a State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt of the required permit,.will constitute a violation of'15A NCAC2H.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 Quality, 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 PHM/sd: G:\SD\EXEMPTED\SW7141011 cc: Daniel Govoni, DCM —Morehead Washington Regional Office Division of Energy, Mineral, and Land Resources. Land Quality Section Washington Regional Once 943 Washington Square Mall, Washington, North Carolina27889 • Phone: 252-946b481/ FAX: 252-976-3716 Internet: htto:ltportal.ncdenr.orolweblloland-0uality An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110°% Post Consumer Paper 9 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Daniel Govoni, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Kitty Hawk Landing Association, Inc. DATE: 11/14/14 John E. Skvarla, III Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has review the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to repair an existing vinyl sheet -pile jetty and breakwater and then install a rock jetty and breakwater at the same location which will cover approximately 14,300ft2 of soft bottom. Covering soft bottom habitat with rock will inhibit Submerged Aquatic Vegetation (SAV) growth, reduce the ability of hard clams to colonize, and reduce foraging habitat for demersal fishes. In this location the soft bottom habitat to be covered is directly adjacent to the existing vinyl sheet -pile jetty and breakwater system. This soft bottom habitat is already experiencing some level of disturbance in the form of scour from water currents encountering the vertical structure, limiting its quality as habitat. Therefore, the addition of rock to stabilize the jetty and breakwater over this bottom will not have significant adverse impacts. Contact Shane Staples at (252) 948-3950 or shane.staples e,ncdenr.gov if you have further questions or concerns. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: vnvw.ncdenr.gov An Equal Opportunity I Affirmative Action Employer— Made in pad by recycled paper a c rory •John E: Skvaria, III "GoVeinor�-:SBCfet2fy October 29;`2014 MEMORANDUM TO: Robert Tankard, Environmental Engineer DWR - Water Quality; Aquifer Protection Section, WaRO FROM:; Dariel Govoni Assistant.Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: 'Kitty Hawk Landing Association, Inc., Project Location: Adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County Proposed Project: Repair vinyl jetty/breakwater system; Install. rock jetty/breakwater system Please. indicate below your agency's position or viewpoint, on the proposed project and return this form by 11/19/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you, have any questions, regarding the proposed projeci,.please contact Ron Renaldi at (252) 264-3901, When appropriate, in-depth comments with supporting data are, requested. REPLY: /This agency'has no objection to the project as proposed. This agency'has no comment on the proposed project. This agency approves of the project only.if the. recommended changes are. incorporated. See attached. This agency objects to the project for reasons described in the attached co ments. SIGNED L , DATE 1367 US 17 South, Elizabeth City, NC 27909 252-264-3901'1 FAK 252=26Q723: Internet: www.ncooastalmanagement.net An Equal Oppodunity tAfftmative Action Employer ■ Complete items 1, 2, and 3. Also complete item 4 if-Aestricted Delivery is desired. A. Sipr� ■ Print YOu"ame and address on the reverse (y' �� X, �'L � �`� ❑ Agent so that we can return the card to you. ■ Attach this card to the back of the mailpiece, O Addresw R Received by f PdWed Marne) [WD, or on the front if space permits, of Del er O t 1. Article Addressed to: _ � -' n /t s c; ) ),0 is delivery address different from item 1? Yes If YE9wdnter delivery address below: ❑ No /If I j� �� tC,/u!P/lUP )1/lr+�J� M `f' o �cp�i y a n o p ,. J1�11 / • r IO Ai 1 1 u 3. eNlce7ype Call ❑ Express Mail p C� O ❑ Return Rscelpt for Merchandise d k4Wed Mail ❑ C.O.D. 2. Article Number 4. Restricted Delivery? (Extra Fee) ❑ Yes (transfer hnm sely/ce 70Z3 Z7Z❑ QQQp 2879 4349 Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED September 29, 2014 F.G. Tillett Heirs C/O Burvell Beacham 79 Pagoda Street Milton, MA 02186 RE: CAMA Major Permitting Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, NC Sir/Madam: P.O. Drower 870 s ,,...,.,. Kitty Hawk NC 27949 +Phone: 252-261,3300 Fox: 252-261-1260 web: qulble.00m OCT 7 2014 As adjacent riparian property owner to the above referenced project, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan (revised 9/25/2014), the proposed project includes repair of the existing jetty system and armoring of the entire jetty and breakwater system with rock. This is a revised plan from the last one sent to you in July. The former plan was to remove the existing vertical wall system and replace with a new one. Should you have comments to this proposal, please send your written comments to Mr. Ron Renaldi, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. -- Sincerely, . Quible and Associates, P.C. Brian D. Rubino I have no objection to the project as proposed I have an objection to the project for reasons stated below Signature Date USPS.com® - USPS TrackingTM i i English Customer Service USPS Mobile https://tools.usps.com/go/'ftackConfn,mAction?qtq_Aabels1--7013 17. aMalaaR us a ecom4 1:L'1LJl'i.L USPS TrackingTM OW Tracking Number: 70131710000028794349 On Time Expected Delivery Day: Friday, October 3, 2014 Product & Tracking Information Postal Product: Features: First -Class Mail® Certified Mail - DATE & TIME STATUS OF ITEM October It, 2014, 10:54 am Delivered Your item was delivered at 10:54 am on O October 3, 2014 2:56 pm October 3, 2014 8:07 am October 3, 2014. 7:57 am October 3, 2014 , 7:12 am October 3, 2014 , 4:29 am October 2, 2014 , 4:22 pm October 1, 2014 , 3:07 am tober 11. 2014 in MILTON. MA 02186 Notice Left (No Authorized Recipient Available) Out for Delivery Sorting Complete Arrived at Unit Departed USPS Facility Arrived at USPS Facility Departed USPS Facility Return Receipt LOCATION MILTON, MA 02186 MILTON, MA 02186 MILTON, MA 02186 MILTON, MA 02186 MILTON, MA 02186 BOSTON, MA 02205 BOSTON, MA 02205 RALEIGH, NO 27676 Avg Text t Email Retur OLT I'll )CM D CITY I of 2 10/13/2014 1:09 PI • Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired.. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. y. Article Addressed to: P ,/fin -L- 1 Q) X,0 „W Y L-atiz- 44A) k Nc, Q--)9Yl A. X by (Printed Name) ❑ Agent D, Is delivery address different from item 1? U Yes If YES, enter delivery address below; ❑ No 3. Service Type .U-Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receiptlor Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2, Article Number (Transfer 6om service fabeq 7013 1710 0000 2879 4356 Ps Form 3811, February 2004 Domestic Return Receipt — — - - - 102595-02-M-isao i ,I E,..mestic ffCERTIFIED Mail only; No insurance Coverage Provided) 014 I., MILTON i A OZ186 pp-- COASTAL MANAGEMENT $0.70 0444 ELIZABETH CITY m j Postage $ Certifie0 Fee 13.30 07 '�' - •`� (Endorsement Required) Postmark 42.70 Here O Reealcted Dellvery Fee (Endorsement Required) $0.00 O NTotal Postage a Fees $ $6.70 09/30/2014 ra o— y'- rR 3treer,. ilai Nu:; ............n .1 Qf!\- orPoea. --- --- 4+ 1'p (•p p C <�-- •----------------- M1 c+Ot sieie,-� ----- �- - L�N •------- 1 RECEIVED OCT 11 2014 DCM-MmD CITY R Complete Items.1, 2, and 3, Also complete + A:sign re _ Quible � i s' S @ern 4 if r name and address Is desired, X rA'1/ f`�i � � Print your name and address on the reverse —� so that we can return the card to you, Received by (Printed Neme) P. Attach this card to the back of the mailpiece, Quible & Associates, P.C. or on the front if space permits. � N CRF_RIri'- EWPONN5rTAL SCENCES•PtA gar, •, 1. Article Addressed to;. iD, IsdelivWaddressdifferentfromlter Sl4CE:ne v', p ) 11-.�- s Ify€Srenterdellveryaddressbelrn OCT 7 2014- CERTIFIED MAIL: RETURN. �J /I f/I '. I 3 service Type ' ` 1 P'y `Q uV- N� # M- CerOlied Mail L. Express Ma September 29, 2014 a�4� 1 - 0 sulredM l -Oco.D.Rem George and Brenda Pitonyak a Restr clad Dewery?{Extra Fee) 3819 Ivy Lane 2 Article Number, — -- Kitty Hawk, NC 27949 (Transferfromservice fabeq, { mEl 1710 0000 28794356 PS Form 3811, February2004 - DomesUo Return Receipt RE: CAMA Major Permitting Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, NC Sir/Madam: As adjacent riparian property owner to the above referenced project, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan (revised 9/25/2014), the proposed project includes repair of the existing jetty system and armoring of the entire jetty and breakwater system with . rock. This is a revised plan from the last one sent to you in July. The former plan was to remove the existing vertical wall system and replace with a new one. Should you have comments to this proposal, please send your written comments to Mr. Ron Renaldi, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quib le and and Associates, P.C. B I have noobjection to the project as proposed I have an objection to the project for reasons stated below Signature Date M Agent - ,L� O Addressee Y.. D to f D live 177. Li yes ❑ e G?7&� Meicirendise ❑Yes, '.,1 r A it," NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 28, 2014 Mr. Brian Rubino Quible & Associates, PC P.O. Drawer 870 Kitty Hawk, NC 27949 Dear Mr. Rubino: John E. Skvarla, III Secretary The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of the Kitty Hawk Landing Association for State approval for development of their property adjacent to 3918 Ivy Lane in Kitty Hawk, Dare County. It was received complete on October 21, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 4, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from October 21, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right- of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. WCE1VED OCT v 1 7014 DCM-MHD CITY 1367 US 17 South, Elizabeth City, NC 27909 Phone, 252-264-39011 FAX: 252-264-3723 ; Internet: http:lloortal,nodenr.orq/web/cm/dcm-home An Equal Opportunity 1 Affirmative Action Employer Mr. Brian Rubino Quible & Associates, PC October 28, 2014 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Ron Renaldi, Field Representative, if you have any questions and or if you wish to receive a copy of his field report. Sincerely, Frank Je nings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Daniel Govoni, Assistant Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC Peter Collins, Kitty Hawk Landing Association, Applicant, Kitty Hawk, NC NOTI(04170A CAMA PERMIT APPLIES FOR �CpAI Z /4ti Fxls r/Nqz ✓/.v Y e- sffFET Pica 5) 7c hNY7 aRtA K NA?Ek COMMENTS ACCEPTED THROUGH APPLICANT: pE E caLL//�1S— �ND/N G f�SS,c/sFT/4nl s-wl P9. eJx 2 K/rTy AKA WE<, A)V- 2-79Y C.lo 3r- 0O- I FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 2zaN cArAz-fl:r--o V. ,2s2-26'1-39o/f �'i'- Z-3Z ,.r ATA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor EMAIL MEMORANDUM TO. Susan Simpson The Coastland Times Manteo, NC 27954 leaals .thecoastlandtimes.net FROM: Yvonne Carver for Ron Renaldi DATE: 10/28/2014 SUBJECT: Public Notice: Kitty Hawk Landing Association, Inc. John E. Skvarla, III Secretary Please publish the attached Notice in the Sunday, 11/02/14 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Daniel Govoni, Assistant Major Permits Coordinator, DCM, Morehead City Michele Walker, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File 1367 US 17 South, Elizabeth City, INC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723; Internet: www.ncooastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 10/21/14. Kitty Hawk Landing Association, Inc. proposes to repair a vinyl jetty & breakwater system & install a rock jetty & breakwater system adjacent to 3918 Ivy Lane, Kitty Hawk, Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 11/22/14, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, 11/02/14 'This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major permit Application Computer Sheet Applicant: Kitty Hawk Landing Association, Inc. Date: 1012312014 Project Site County ,Dare Staff: Ron Renaldi District. ®Elizabeth City [I Washington ❑Morehead City El Wilmington Project Name: Rover File: lia[eo �. ' rtra a plfc'9 in�"s�i b lltar�i t=( 118(20071 f 0/7/2014 Date application "received as complete" in the Field office (EX: 1/8/2007): 1012112014 Permit Authorization: ❑CAMA ❑Dredge & Fill ®Both SITE DESCRIPTION/PERMIT INFORMATION PNA: []Yes ®No Photos Taken: Yes ® No❑ Setback Required (riparian): ®Yes ❑No Critical Habitat ❑Yes ❑No ❑Not Sure 15 foot waiver obtained., ❑Yes ®No Hazard Notification Returned: ❑Yes ®No SAV. El Yes ®No El Not Sure Shell Bottom: [-]Yes ®No ❑ Not Sure Temporarylmpacts: ❑Yes ®No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from county LUP:®Yes ❑No Mitigation Required (optional): El Yes ®No Moratorium Conditions. El Yes ®No ❑NA Environmental Assessment Done: El Yes ❑No ®NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) I ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (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) cynosumides) ❑ (DS) Salt or spike grass (Distichlis ❑ (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 ® III(D) Priv. public or comm w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than i acre - $475 ❑ Permit Transfer - $100 ❑ 111(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre, 3490 can be applied - $400 ❑ Major development extension request - ❑ 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. 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 DWQ agreement - $400 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmananement.net revised: Nov. 2012 MC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Kitty Hawk Landing Association, Inc. Date: 1012312014 Describe below the ACTIVITIES that have been applied for. Ali 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 Groin (Rock) 2 New Work® Replace 245 26 Maint❑. ❑Y®N Sill (Rock) I New Work® Replace 48 16 3.5 Maint❑ ❑Y®N Sill (Rock) 1 New Work® Replace 51 16 3.5 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 El ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑Y❑N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work El Replace . Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint El ❑Y[IN New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace, Maint ❑ ❑ Y ❑ N . New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint [I ❑Y❑N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑Y❑N revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Kitty Hawk Landing Association, Inc. Date: 1012312014 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. Ff. (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 Shallow Bottom Dredge ❑ Fill ® Both ❑ Other ❑ 14,324 14,324 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 ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanaoement.net revised: Nov. 2012 glass NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission �ern�it�: 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 Permit Number 78-97 RECE111 ft0a.- Issued to Kitty Hawk Landing Association, Inc., P. O. Box 923, Kitty Hawk, NC 27949 authorizing development in Dare County at Kitty Hawk Landing, canal off of, at Kitty Hawk Landing S/D as requested in the permittee's application dated 1/27/97 including attached work plan drawing dated 1/29/97. This permit, issued on 6 " 3 ..-- 9 7 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Jetty and Breakwater Construction 1) The proposed jetty and breakwater structures shall be built according to the plans dated January 29, 1997 with the following modifications. (a) the jetty heights will not exceed 2 feet above the NWL; and RECEIVED (b) the breakwater structures will not exceed heights of 1 foot above the NWLOCT I t 2014 DCM-utHD CtN 2) (a) Both the jetty and breakwater structures will be permanently marked with reflec- tive piles or tape at elevations which are at least 3 feet above the high water level. These reflective markers will be placed at intervals no farther apart than 25 feet. This permiLaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 Departmental approval. All work must cease when the permit expires on December 31, 2000 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 DEHNR and the Chairman of the Coastal Resources Commission. -�P4- Roge . Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee Kitty Hawk Landing Association Permit #78-97 Page 2 of 4 ADDITIONAL CONDITIONS 3) (a) The proposed jetty and breakwater structures shall be maintained in perpetuity or removed. Excavation and Spoil Containment 4) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between February 15 and September 30 of any calendar year without prior approval from the Division of Coastal Management, in consultation with the Division of Marine Fisheries. Any request to dredge outside of the moratorium period shall be received by the Division of Coastal Management at least two weeks before the moratorium period begins. 5) Prior to the commencement of any dredge or retention structure site work, the permittee shall consult with the Division and hold an on -site pre -construction meeting. The permittee and all contractors associated with the project will be in attendance. 6) Excavation shall not exceed .6 feet below the NWL. The NWL benchmark depth will be established by a Division representative prior to any excavation within any Public Trust Waters. 7) The permittee shall temporarily delineate the authorized channel and canal excavation areas. This delineation will be verified by a Division representative prior to excavation and shall remain in place until all dredge work is complete and verified by the Division. 8)- After dredge channel alignment has been confirmed, the permittee shall begin. excavation at the waterward-most point of the proposed dredge alignment in the Albemarle Sound and proceed into the navigation channel of the Kitty Hawk Landing Canal. 9) No vegetated wetlands will be excavated or filled. 10) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 11) All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 12) The diked spoil site will be constructed and operated such that sufficient distance is allowed from the NWL or any wetland to eliminate the possibility of any dike erosion and spillage of spoil into any wetland or Public Trust Waters. Kitty Hawk Landing Association, Inc. Permit #78-97 Page 3 of 4 ADDITIONAL CONDITIONS 13) The exterior slopes of the disposal area dikes shall be at an angle no steeper than 2 H: 1 V. 14) Appropriate erosion and sedimentation control devices, measures, or structures shall be used to prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence, diversion swales/berms, sand fence, etc.). 15) The spoil effluent will be contained by pipe or trough to a discharge point at or beyond the NWL to prevent erosion or unnecessary siltation into any Public Trust Waters or wetlands. 16) A water control structure will be installed at the intake end of the effluent pipe to control effluent discharge and assure compliance of water quality standards. 17) The terminal end of the effluent discharge will be positioned at or greater than 50 feet from any part of the spoil containment dike and a maximum distance from the effluent water control structure to allow for the maximum retention of suspended solids in the discharged effluent. 18) The permittee shall operate the spoil containment area such that a 2 foot freeboard capacity will be met at all times. Operation will also require a 72 hour settling period prior to effluent discharge into Public Trust Waters. 19) The spoil disposal area, once completely de -watered, will be properly graded and provided a vegetated ground cover sufficient to abate erosion within 30 working days after the completion of work. In the event that the spoil containment site will be used for more than one season, the permittee shall either properly grade and vegetate the site and reconstruct a new containment area the following year or provide long term site erosion control around the diked area to prevent any siltation of Public Trust Waters or adjacent wetlands during the excavation moratorium or after dredge work has subsided. 20) Construction, excavation and effluent discharge activities will be undertaken as such to maintain turbidity concentrations of 25 NTUs or less within Avery Pond and the Albemarle Sound. i 21) No attempt will be made by the permittee to prevent the full and free use by the public of all 4 1 navigable waters at or adjacent to the authorized work. Use of the permitted activity must not 4 s interfere with the public's right to free navigation on all navigable waters of the United States. 4 's s 4 's 4 RECEIVED OCT I 1 1014 4 f 4 DCM-MHD CITY 3 s •oxo.o�o oToo„o.o.o.o.o�o�o-o�aoro�a• Ditty Hawk Landing Association, Inc. Permit #78-97 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The permittee is advised to contact the Division of Environmental Health at 919/726-8970 for consultation in reducing the potential for creating mosquito habitat in the spoil area. NOTE: The Division of Water Quality approved this project on May 23, 1997 under General Water Quality Certification Nos. 3105 and 3112. NOTE: The Division of Water Quality, for purposes of stotmwater management review, assigned this project No. SW7970307. NOTE: The Corps of Engineers assigned this project Action ID No. 199705167 on May 7, 1997. f r_...__....__.._._._.. OCT 21 ,2014 Excise Tax Book ' Page 1.156 0455 FILED DARE COUNrl' NC 01116i92 3:11 PM BARBARA Me GRAY Register Of Deeds Document N 0000053 Recording Time, nook and Pogo Tax Lot No.. ........ ....... ....... _.... .. .........,..... ....... ...... ....... ..... Parcel Identifier No....., ......... _ _.. . Verified by ...... ..... .... _... ............. ......... ._ .__ ... County on the .._.._ ... day of .._ _. _. , 19_.. _..... by_....._ .. ........ ......... .__. _ _ ... __.._. ... ... _. ..__.. RE7317sr. Mail after recording to ........... Robert B. Hobbs, Jr., Attorney at Law ........._....._..._..... .............. ....... _........... ._._.. .. .._____... P.O. Box 310, Nags head, NC 27959 .................................. ....... ......I..._ ......... ... . ..... This instrument was prepared by John G .. ...Gaw, Jr .. .... ............_...... ___ ....... ...__...._ _... ._. .... _. __ .... Brief description for the L1des Easement in Kitty Hawk l.artding NORTH CAROLINA NON -WARRANTY DEED THIS DEED made this ..14_......... day of .,....January. ........... ..... _.__._... GRANTOR JAMES P. TYLER and wife, EVELYN C. TYLER , 19. 98. , by and between GRANTEE GEORGE J. PITONYAK and wife, BRENDA PITONYAK 2164 Partridge Place Suffolk, Va. 23433 (inter In appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or part tersbip. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and nasigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and -convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of .. TOWA..Of Kitty. Hawk. _........ , ._. Atlantic......... .._ Township, Dare _...,..... County, North Carolina told more particularly dese Hbed its fol logs: Being all that certain strip or parcel of land labeled 11Easement" said easement being along the eastern border of lots 22 and 23 as shown on a map or plat entitled "Surveyed for William H. Lovelady and Verneddral Lovelady, Lots 22 and 23, Kitty Hawk Landing, Atlantic Township, Dare County, North Carolina dated December 10, 1979, prepared by Professional Land Services, Inc., Kitty Hawk, NC. N.C. Bar Assoc. Form No, r 6 1977 Printed by Agreement with the N.C. Bar Association - 1091 RECEIVED OCT s 17""A DCMAIII U QB y Book Page 115'6 0456 The property hereinabuve described was acquired by Grantor by instrument recorded in ................................................. Book 470, page 424, Book 470, page 420 ...............................................-..... ..... .............. .-....... ............ ... ............... ................ ............... ....... ................................ ........................ A map showing the above described property is recorded in Plat Book .A.- ................. page .8.E-87, .......... TO HAVE AND TO HOLD the aforesaid lot or parcel of land ands-all'privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makesno warranty, express or implied, as to title to the property hereinabove described. IN WITNESS WIIL• MOF, the Grantor has hereunto set ]its hold and real, or if corporate. it,, caused this instrument to be signed in Its corporate name by its duly authorized officers and Its seal to be hereunto affixed by authority of its Doll or Directors, the day and year first above written. --_i --------------------------------------------------------- --- `\S l e-`._=-"�'L_--- '---(/ --= ------------(SEAL) (Corporate Namc) �"j JAhihS F. T LER _.It"111C�___------------------- (SEAL) -------------------------------- President z EVELPH C. TYLEA . x ATTEST: V a-------- .___---------------------------------------------- (SEAL) W -- ----�4Qp91'VI -Secretary (Corporate Seal) to SEAL S EALyYr, pa�n�N E. ORTII CAROLINA- -_-- _____(SZAL) --- -----------------•--County. NOTARY 01 a Notary Public of the County and State aforesaid, really that ___________________________________________ James-P'--T-pies._s1Ui1_s�ti£e..,.-EveLyu._G._Ty1rs------------------------------------ Grantor, yf)UB1 1 `` a 'P sanally appeared before me this Jaya d acknowteaguo tI c execution or the foregaing.hnstrument. Will my U l l J~ / 7 49� and and auidm reams or .oat, this oar of ------- -------------------- 19rJ'iJ.: 7 FZ C i an't11/H111\�,\P M comnsisslon expires: L I1 .)ply// �f ` �auN C� �.- Notary Pattie SEAL -STA11tP NORTH CAROLINA- ---------------------------------- County. 1, a Notary Pnblle of the County aad State aforesaid, certily thot Personal) came before me this day and acknuwled ed that he Is Secretary of Y Y g ____ ____________ _______________ n------------------------------------------------------- Is North Carolina corporation, and that by authority duly o) given and as the act of the corporation, the. foregoing Instnunent was signed in its name by its _______________ u x P president, scaled will Its corporate seal and attested by ----------- as its --------------------------- Secretary. Witness my hand and official stamp or seal, tills _____ day of --------------------------- 19-_--_ My connndssWrl explicit________________________________ ______________________________________Notary Public The foregoing Corttficate(s) of ______________ ---------------- ._�,_1 �_�.'_ r 6 = N -- r - - -- ---------------------------- Islare certified La be correct. Tills Instruenent. and this certificate are duly regis Lered at the date and lime and In the Rook and Page shown an the Rest page hereof. tj� /� f1�'�1 ------------ ------+�-=+-r--"'-of-v�l-----'-J-_ _____ ___ItEC16TER OF DEEDS FOR �_l_ .. LCSl_--------------------- COUNTY -- DY ------ ---40�_(�_fl--- H--'---- - -- - -- - --------I "§Y/Asslstwll-Register. of Deeds. N.C. Dar Assoc. Forirr-Na, i IS' 1977 Pruned by Agreaaenl nigh Ile N.C. per Mmeinlion - I481 POOLE PRINTING CO., INC. P.O. BOX 17310 RALEIGH, N.C. tr619 r 0-�. DARKTRANSFER res COUNTY rp '— i _ Is LT# A -q C DARE COUNTY NC 01/16/99 REV.2,570.00 6 $514.00 s*-n I r NOa,LI{NA �') Real Estate �A l Excise Tax Lexclse Tax 5.14.00 Book Pa-ge 1156 0457 FILED DARE CO(NTr' NC 01/16./98 3:13 Phi BARBARA 1.1• GRAY Resister- Crf Deeds ( Drric'-uur,nieeln't # Rlleard (hHVaDr.Frt4Book anal Page Tax Lot No.. ... ...._................. .. . .__....__. ._...._._.... . ............. Parcel Identifier No. _. _.. . .... Verified by ... ....... ..... ..... ._...... .... .__.... . ...... _.... County on the _..... day of .. ...., 19 .... ..... ._. .._ _.. .._........... RE7317sr Mail after recording to ...___.. obe.rt... A. ... Hobbs,.. 1.C...,...A.tiorney _a L..Low_. _. .. _. ..... .__.. P.O. Box 310, Nags head, NC 27959 ..... .. .................. ....... .......... ...... .. _.. ...... ___..._ ....._...... ... -.____ _... This instrument was prepared by ....... John G., Gaw,_ Jr._. Brief description for the Index Lot 23, Sec. 1-Kitty Hawk Landing NORTH CAROLINA GENERAL WARRANTY DEED T111S DEED made this ....12th... day of ._ _....... Janaury........ . GRANTOR JAMES F. TYLER and wife EVELYN C. TYLER 19 98., by and between GRANTEE GEORGE J. PITONYAK and wife, BRENDA PITONYAK 2164 Partridge Place Suffolk, Va. 23433 Rnier In appropriate black for each party: na,ne, address, and, if appropriate, character of entity, c.q. corporation or partnership. The designation Grantor and Grauilee as used herein shall include said parties, their heirs, successors, and :assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETII, that the Grantor, for a valuable consideration pnid by the Grantee, Lhe leccipt of which is hereby acknowledged, has and by these presents does grunt, bargain, sell and convey unto the Grantee in fee simple, all Lhat certain lot or parcel of land situated in the City of Town of Kitty ,Hawk_ , I I . Atlantic Township, Dare County, North Carolina and more particularly described as follows: Being Lot 23 of the subdivision known as "Section I, Kitty Hawk Landing" as shown on plat thereof prepared by William F. Clark, Land Surveyor, duly recorded in Map Book 4, Page 86-87 in the Office of the Register of Deeds of Dare County. 'there is also conveved that certain easement as follows: Being all that certain strip or parcel of land labeled "Easement" said easement being along the eastern border of lots 22 and 23 as shown on a map or plat entitled "Surveyed for William H. Lovelady and Verneddral Lovelady, Lots 22 and 23, Kitty Hawk Landing, Atlantic Township, Dare County, North Carolina dated December 10, 1979, prepared by Professional Land Services, Inc., Kitty Hawk, NC. NA. 11ar Aesnr. form No. 3 * 1976. RcJsnl Is 1917 mm RECEIVED OCT A 12014 DCM-MHD CITY Fool: page 1156 0458 The property hereinabove described was acquired by Grantor by instrument recorded in ..... ..I ................ Rook 470, page 424 .......................................... A map showing the above described property is recorded in Plat Book .._ .. .......................... page.86-87 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. Ali([ the Grantor coventults with the Grantee, that Grantor iwscized of the premises in fee simple• has the right to convey the Slone in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Central utility easements and rights of way of record. Ad valorem taxes subsequent to 1997. Restrictive covenants of record. IN WITNESS WHEREOF, Lhc Grantor Iran ❑ermu,to set his hand and sc:d, 01 if nrpar.Le, ),as caused this iustrum9nt I. be signed In Its corporate nvue by Us duly aulhurizcd officers nuseh null Its al to he ereunto affixed by a authorit • of its Board of Directors, Like da above n•ribeut.AQ Y ad year first --------------------------------------------------------------- I (Cor orate Name) .a JAMES P. ER 7 BY: .__0 .__..______________..____.____..__. _/1 D I t ----------------------------President ,: IVELYN C.YLER U ATTEST: U a_ ------ _-------------------------------------------------- (SEAL) a — w .............................. Secrotary (Corporate Seal) �4 assss„ur ury,rrr ------_______....----------- ....... .------------------------------- (SEAL: I-S•rilail'L r4 NORTH CAROLINA. _____D re County. __________________ �y �` ••• (� �� ,k i, a Notary Public of the County and State aforesaid, certify that __________________________________ _______ S James I'. Tyler and wife., Evelyn C. Eyler J• . Z „ s___________________________________________ _ _________________I_________________._____________________ Grantor, - personally appeared .,(are no Lbis day and acknowledged ale execution of Like foregoing instrument. lt'ituess my y a TUBLIG ,: V,= hard and official st: n r u r / un o seat, thr s 1.3 �_f` day o __yil 111_tGLI_Z/--- _ ___________________, ,roe U1" .�•' - ntr cunnnlssieu exnires: �l,(,la£_�7 _I.CL_L_ll_ .'_ 1�'!�'!iL Ll_!_ � e-'��1—� rrrr4urrssnr'n. ____ __ _ _ 1.4 Notary Public SEAL-STAa1P NOit'TH CAROLINA- ----- County. 1, n Notary Public of the County and state aforesaid, testify that __________________________________________ y pccsmnallY came before me this day and aoknosv(cdged that ____ he is Secretary of S ,y---------------------------------------------------- a North Carolina corporation. and that by authority duly h � Fiver nntl as the act of Lite cnrporultun, Lhe foregoing InsLnuumLL suns signet In its n:une by Its _______________ I'reslda,t, sealed with its mrPornte seal and attested by -----______ as Its ___________ i________________ Secre Lary. Witness my hand and official stoup or seal, this _______day of ___________________________ 19________. Oly cuuunisslan exptyes:______________________________________________________________________ NotarY Public The foregoing Cerllfic:LLe(s) of _______ - _ �"� - - - --- - ------------ ------------------------------------------ ----------------------------- Is:arc ccr[Ified to be correct. This Instrument and Bd (lilt page certificate certificate are doly rc IsLered at the late and fame and In lho Iloolr and Page shown on the hereof. /� /1 M �}-{ � jy y[l r�Nr-V`------+-=-----==-------- - REGISTER OF HEEDS EOIt__T__ DU ---------------------- __________ _ _ _ DY .--- '""'L)-a --_"----M----- 1 /0 -- LLhuttd•/Assistant- Register of Deeds N.('. liar .\.as 197 fern.Nn.,i as 1976. Itcrill,107-1.,,,r.wno,,,,nwcn..em.. mr ixr, vn.rvu..m., ni... ......... nr a�arrl,.`„,va,,,,m N.t thou nw,v ...... Boot: Page 1.156 0455 FILED DARE COuwrY NC 01/16/98 :3.11 PM BARBARA M. CRA Register- Of Deeds Document 8 0000053 Excise Tax Recording Time. Book and Page TaxLot No.......................................................................................... Parcel Identifier No........................................................................... Verifiedby....................................................................... County on the ................ day of .... ............... :........ ............... .............. 19............ by.............................................................................................................................................................................................................................. RE7317sr Robert B. Hobbs, Jr., Attorney at Law Mailafter recording to............................................................................................................................................................... P.O. Box 310, Nags Head, NC 27959 .......................................................................................................—........... ................. ..... ................................. ...... ......... ......................................... This instrument was prepared by .........John G. Gaw, Jr. Brief description for the Index Easement in Kitty Hawk Landing NORTH CAROLINA NON -WARRANTY DEED THIS DEED made this .14........... day of .._..January .............. ....... ...... .... ..-, 19., 98..., by and between GRANTOR JAMES P. TYLER and wife, EVELYN C. TYLER GRANTEE GEORGE J. PITONYAK and wife, BRENDA PITONYAK 2164 Partridge Place Suffolk, Va. 23433 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of-1.014R..9f Kitty. Hawk — ........ ......Atlan.tiC._.......... ........ Township, Dare. ... ...... _........................... County, North Carolina and more particularly described as follows: Being all that certain strip or parcel of land labeled "Easement" said easement being along the eastern border of lots 22 and 23 as shown on a map or plat entitled "Surveyed for William H. Lovelady and Verneddral Lovelady, Lots 22 and 23, Kitty Hawk Landing, Atlantic Township, Dare County, North Carolina dated December 10, 1979, prepared by Professional Land Services, Inc., Kitty Hawk, NC. N.C. Bar Assoc. Form No. 7 & 1977 Primed by Agreement with ,he N.C. Bar Avorlatlon — loll RECEIVED OCT 11 2014 DCMA*KD CITY Book F�c 1156 0456 The property hereinabove described was acquired by Grantor by instrument recorded in.............................................................. Book 470, page 424, Book 470, page 420 ..............................- ... ..... ................... -... ... ..... .... .... .... .......... .................... ...... ....:....................... ........... ........... ............................ ........ _ .................... A map showing the above described property is recorded in Plat Book ... ................... page . H.-A7............ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and'ah privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or implied, as to title to the properly hereinabove described. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to he signed I. Its corporate name by its duly authorized officers and Its seal to be hereunto affixed by authority of its Board of- Directors, the day and year first above written. J i .__ ______ __________er_----------- (SEAL) (Corporate Name) z SAPiES F. T LER ` By: ---------------------------------------------------------- 0 -------------------- (SEAL) ________________________________President ex+., EVE!k C. TYLE x ATTEST:----------------- U a w ______________4-nlp\r .Secretary (Corporate Seal) to ________________ ____________________(SEAL) Q14 f, ppp SEAL P ORTII GAEGLINA, _ __Da -e __ r________________________County. NOTARY O.I a Notary Public of the County and State aforesaid, certify that __________________. *M• ._ Salnes P._Tylez_.E0.(i_.ldife_,._�vpLgv__G,_Sy1e,_______________ /JIIp�,1p U.,p serially appeared before me this day a it acknowtedge&El a execution of the foregoin � thJ� 1 ((�TLf>, 9�dSrand and official stamp or seal, is `- �tlaY of-- _--__:� __ _ _____________ 19___ F C n11191\\\\tYfy commission expires: pUpj i • q j )) �- e a My �(' 4% �1; J" C �C� / '-' SEAL -STAMP NORTH CAROLINA_ ---------------------------------- County. 1, a Notary Public of Ilia County and State aforesaid, certify that ---------(53AL) ---------------- ------- Grantor, ,ant. witness my .__Notary Public personal) came before me this day and acknowledged that )le Is Y Y 6 ____ Secretary of 'x ___________ a North Carolina corporation, and that by authority duly, p M given and as the act of the corporation, the foregoing Instrument was signed In Its name by Its _______________ P President, sealed with Its corporate seal and attested by __--------- as its ___________________________Secretary Witness my hand and official stamp or seal, this _____ day of _ _______________19_____- My cmundeshm expires: _________Notary Public The foregoing Certificate(s) of ______________ _______ ______________________ ________________ _______________ri___r______________________ _____-r _YJ_v_Yr_a--- ___________ _F_y �c va v_ _ �c l Y _L.[af _r_-_-_--______________________________�_ ______-__ Blare certified to be correct. This instrument and this certificate are duly registered at the date and time and In ilia Book and Page shown on the first page hereof. /nQpl//�� '//�/�/ ------------ - ----C (---- SAI_�l_____M______ _ __REGISTER OF DEEDS FORM_ .C1S2_ COUNTY BY --------_-'-y^J�__ -_ _-!!!lX_ _______fLpatY/AsslStant-Register.of Deeds. N.C. Dar Assoc. For".. 7 ID 1977 Pr,o.d by Agreemm.l wild the N.C. Bur Arsoeiallon — IY91 POOLE PRINTING CO.. INC. P.O. BOX 17376 nALEIGH, N.C. 27619 @REAL mnrarDARETRANSPEit TAX COUN'TY a, 57D ro I - LT# ' tl DARE COUNTY NC 01/16/98 REV.2,570.00 $514.00 STNn ,.f 0OR�IpA Peal Estate Tax Excise Bxcise Tax 514. 00 Book Page 1156 0457 FILED DARE COUNTY NC 01/16/98 3:13 PN BARBARA M. GRAY Register Of Deeds �D��,fx�,f�.unmr,eqn��t # Recordlflg�rlmef nook and Page TaxLot No.............................................._........................................... Pareel Identifier No...........,..... _.._....... ..... . .... ......__........ Verifiedby........................................................................ County on the ._............. day of ... __ ........................ 19.._,...... ........................................................__._......_.............._............_.................................................. by ...................................:............................. _ RE7317sr _— Mail after recording to ....... .....Rgb9Xt;... 8 ..... HRb.b.S.,...J.I:,..,...A,k torney...a.t.. Law ... _................................ ....................... _............. P.O. Box 310, Nags Head, NC 27959 ................................... ........................ .............................................................................................................................................................. This instrument was prepared by ............ ... ......... .... ......... ......... ........_............... ..;... ............. _. .. _. _.._........ Brief description for the Index Lot 23, Sec. 1—Kitty Hawk Landing NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .144... day of..........._Janaury....................... _. , 19 ...98.. , by slid between GRANTOR JAMES F. TYLER and wife EVELYN C. TYLER GRANTEE GEORGE J. PITONYAK and wife, BRENDA PITONYAK 2164 Partridge Place Suffolk, Va. 23433 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ..Town, of Kitty Hawk,.. ....... ,,., „Atlantic. „. Township, ., ,. Dare .,..... .... __. County, North Carolina and more particularly described as follows: Being Lot 23 of the subdivision known as "Section I, Kitty Hawk Landing" as shown on plat thereof prepared by William F. Clark, Land Surveyor, duly recorded in Map Book 4, Page 86-87 in the Office of the Register of Deeds of Dare County. There is also conveyed that certain easement as follows: Being all that certain strip or parcel of land labeled "Basement" said easement being, along the eastern border of lots 22 and 23 as shown on a map or plat entitled "Surveyed for William H. Lovelady and Verneddral Lovelady, Lots 22 and 23, Kitty Hawk Landing, Atlantic Township, Dare County, North Carolina dated December 10, 1979, prepared by Professional Land Services, Inc., Kitty Hawk, NC. N. C. R., A.awrt. Form No. 3 0 1976. Roi.,ed © 19)) N. C I'M Mn,w, U1 .1'. N. C. a- A_ - ,08, RECEA/ED OCT it i 2M4 DCM-MHD CIIV Book Page 1156 4458 The property hereinabove described was acquired by Grantor by instrument recorded in .......................................... Book 470, page 424 ........ A map showing the above described property is recorded in Plat i3ook ......4 ........................._ page.86-87 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Crantee, that Grantor is seized of the premises in fee simple, has the right to convey the stone in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter Stated. Title to the property hereinabove described is subject to the following exceptions: General utility easements and rights of way of record. Ad valorem taxes subsequent to 1997. Restrictive covenants of record. IN WITNESS WHEREOF, the Grant., has hereunto set his Isead na me a corporand seal, or if coryonle, has Caused [Ida Instrument to be signed In Its ame by Its July autbotlaetl officers and Its seal to be hereunto affixed by autharity of its Board of Directors, the day and year first abovet.siwritten. _____________________________________________________ (Corporate rvame) 1OrY•.l _ ._�V�LLE_LY�N �__________________(SEAW ---------------------------- (SEAL)C)_a_C�t .0YLER __________________________President U ATTEST: (J _____________________________________________________________(SEAL) ---------------------------- Secretary (Corporate Scan W J,uu../.�...___ r J--------------- ------------------------------------------- (SEAL) 8'I�M....��rrr NORTHGARGLINA, ----- D$ f__....... _... County. 41 TAR � � p 1, a Notary Public of the County and State aforesaid, certify that _________________________________ ..... F a Y ';O n James F. Tyler and wife, Evelyn C. Ty = J Z Tyler y_________________________________________________ Grantor, : : u n Q .. m DCIeoMIIY appeared before me this day and acknowledged the execution of the foregoing instrument- Witness my :tin UBLIG tj �s w hand and official slam T or seal, this J day of __fit /1,{d,/�.1 _ My commission expires: _____ - - SEAL-STAaIP NORTH CAROLINA- __________________________________County 1, a Notary Public of the County and State aforesaid, certify that Notary Public A Persoually came before me this day and acknowledged that ____ l,a is ___________________________ Secretary of sr ------------------------------------------------------ a North Carolina corporation, and that by authority duly u 9 given and I'S the act of the corporation, tine foregoing Instrument was signed Rn Its items by Its m President, skilled wuh it. corporate seal and attested by ___________ as Its ___________________________ Secretary. Witness my hand and ometal atom, or seal, MIS _______day of ___________________________ 19______ any couunisslms ..Piles: Notary Public The foregoing Certificate(.) of _______ _______ _____ -- � q:�--�" - -- - a - � �-------------- ------------- la,'are certified to be correct This instrument and MIS certificate era dun registered at the date and time and O, U,. Book and Page shown on the ttest page herreeof�REGISTER(q/ Y 9 OF EDS BY ____�: ^_J�}-�j(g --____ttgm4y/Asles tit EReibter ofd ______________________COUNTY N. t'. par Asxoc. Porn, No..i It' 1976,1111111110 1977-- co., Ne., e�. urn Yeumwn.. N, c. cross Nrrnlnl l.Y a9rgylrm, wrni llw N. C. a.rRm... noel "D allftyyoa ►got L 9 1J0 03AI303d OCT 21 2014 B: 1908 P: 83� 0R.,, Id1: 6316593 63165)93 BBB:: B,1909 P�:,,{�93 pa��J�9-t� nI �of t1,��3' 9��/t11��4��1y11��2 �1a3a �..(`12 pn 09114''20120312 9 ncEactae'aaM so 00 millFIAP4+kWdd�,ifewwa PWrNI lI�'tIRY,IrW11a1Y,��� Doc coda DEED 1 v.%Cooa PeMor•a+-Sjt� 9e9�st ar o1 OeaE+ Ca-e GC NC d O/ EASEMENT DEED I, BURVELL(5, BEACHAM, of Milton, Massachusetts for consideration paid in the amount of LESS THAN ONE. HUNDRED (<$100.00) DOLLARS, grant to the BURVELL G. BEACHAM, TRUSTEE OF THE BEACHAM FAMILY REVOCABLE TI21. F u/d/t August 14, 2012, of 79 Pagoda Street, Milton, Massachusetts, C�1� with QUITCLAIM C*NANTS, A perpetual vehicular easei*nt of right of way for the purpose of egress, ingress and regress over, upon and alonggtl that certain parcel of land lying and being in the Village v of Kitty Ilawk, Dare County, N 6 hh Carolina, and more particularly described as follows: BEGINNING at a point located ih the South margin of a 20 foul sand road leading from C o Stale Road Number 1208 to CurrituSkySound, said point of beginning being also located a, South 78 deg. 14 min. 27 sec. West- 9.75 feet from the Northeast comer of property ,i!�, owned by the heirein party of the first thence from said point of beginning South 5 deg. 54 min. 16 sec. West 66.66 feet t point; thence South 53 deg. 43 min. 21 sec. v; West 140.17 feet to a point; thence Sout" deg. 29 min. 13 sec. West 55.50 feet to a point; thence South 39 deg. 26 min. 53 secokest 46.90 feet to a point; thence South 51 2 deg. 35 min. 08 sec. West 53.27 feet to a li' ; thence South 29 deg. 16 min. 05 sec. West 46.56 feet to a point; thence South 48 deg. 05 min. 54 sec. West 55.70 feet to a point; thence South 10 deg. 01 min. 34 sec. West 110.75 feet to a point; thence South 29 o deg. 38 min. 01 sec. East 32.74 feet to a point; thence South 16 deg. 07 min. 24 sec. o West 39.48 feet to a point; thence South 36 deg. 40nin. 04 sec. West 98.03 feet to a point; thence South 20 deg. 19 min. 03 sec. West 21V feet to a point; thence South 09 deg. 53 min. 08 sec. West 66,92 feet to a point; then®South 35 deg. 37 min. 07 sec. West 47.63 feet to a point; thence South 12 deg. 59 miWth sec. West 120.10 feet to a point; thence South 36 deg. 32 min. 42 sec. West 51.05 fbe�.to a point; thence South 12 _ deg. 17 min. 22 see. West 48.35 feet to a point located in t orth line of lands owned by parties of the second part; thence along lands owned bn ies of the second part o (� North 75 deg. 33 min. 39 sec. West 12.01 feet to a point; the North 12 deg. 17 min. X o 22 sec. East 50.48 feet to a point; thence North 36 deg. 32 min. 21c. East 51.13 feet to a point; thence North 12 deg. 59 min. 56 sec. East 120.00 feet to a point; thence North 35 deg. 37 min. 07 sec. East 47.31 feet to a point; thence North 09 deg.6 min. 08 sec. East 0 65.27 feet to a point; thence North 20 deg. 19 min. 03 sec. East 221(96 feet to a point; thence North 36 deg. 43 min. 04 sec. Fast 97.58 feet to a point; thence0yrth 16 deg. 07 min. 24 sec. East 32.24 feet to a point; thence North 29 deg. 38 min. 01 WA. West 32.00 o feet to a point; thence North 10 deg. 01 min. 34 sec. East 119.22 feet to int; thence a North 48 deg. OS min. 54 sec. Fast 57.85 feet to a point; thence Notch 12 de 6 min. 05 sec. East 46.94 feet to a point; thence North 51 deg. 35 min. 08 sec. East 54. Feet to a point; thence North 39 deg. 26 min. 53 sec. East 42.97 feet to a point; thence North 14 deg. 29 min. 13 sec. East 57.12 feet to a point; thence North 53 deg. 43 min. 21 sec. East ► RETURN Td3i• 13 feet to a point; Law Offices of Par T. Clark, P.C. 200 Chauncy Strcm Suite 100 Mansfield Massachusetts 02048 RECEIVED OCT 31 2014 Boo gMWIR -0001 thence North 05 deg. 54 min. 16 see. Fast 57.52 to a point located in the South line of said 20 foot sand road; thence along the South margin of said 20 foot sand road North 78 �O deg. 14 min. 27 sec. East 12.59 feet to the point and place of beginning. 7'h bove described property being a 12 foot easement located between the South line of said 20 fort fnd road and North line of property owned by the herein parties of the second part. TO 4VE AND TO HOLD said easement and right of way to them, the parties of the second part, thffp heirs, assigns and successors in title forever; it being agreed by and between the parties hereto tl $V`said easement shall be used in common by the parties granted easement rights in deed referenced be ow and such other persons, firms, or corporations to whom any of the parties hereto may it and convey the right to use the same as a means of access, ingress and regress to and as an a rtenance to any other lands owned by the parties hereto. For my title see d from Frances H.M. Akers recorded in said Registry on February 5, 1988 in Book Pag [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANKI O Y" C� 6316593 8: 1908 P: 93 Page 2 of 3 9/14/12 3: A mill h� iIIG�F,I���la ;«ll,���� LAWN Xr h,0111 llI d 0 Book 1908 Page 093-0002 Witness our hands and seals this 14°i day of August, 2012. �0 VI\_1 BURVELL G. BEACHAM COMMONWEALTH OF MASSACHUSETTS Bri4sounty, ss. this 14`h day of August, 2012, before me, the undersigned notary public, personally peared BURVELL G. BEACHAM, proved to me through satisfactory evidence 44 entification, being (check whichever applies):❑ driver's license or other state or fede governmental document bearing a photographic image, ❑ oath or affirmation of a credible witness known to me who knows the above signatory, or Xmy own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by him voluntarily, for its stated purpose. p�uun uuu1u,,, Q ,,` PETER ) •" c 7! ��1•AoRyc9 �' Peter T. Clark, Notary Public a+ =M zi a �3g= Y commission expires: March 21, 2014 Qualified in the Commonwealth of Massachusetts 's, y • YI 16 0 6A RECEIVFD O OCT 81 714 DCM-MH, G'" 6316593 8: 1908 P; 93 Page 3 of 3 9114/12 3 5z PO III R1+'i PG4,��{Iri�(�4119�'1r,�J1�1 Iif�,14E? 14t�l+k�i IN���f I d 0 Book 1908 Page 093-0003 st MAJOR PERMIT FEE MATRIX Applicant: to, 1�G�Yy 3 - qto 2 c.E)ZD Selection Development Type Fee DCM % DWQ 90 (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) f involve the filling or excavation of any wetlands d I or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached) can be applied: III(B). Public or commercial El development, if General $400 100%($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional RECEIVED review and written DWQ concurrence is needed OCT 31 NU because of concerns related to water quality or DCM_ HUH 0" aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40%($190) excavation of more than one acre of wetlands and/or o an water areas: a"),a� )?(i�im,na�`� Pro�tc t dlc not )0v0lvL_ Shallow both, F,)� July 1, 2014 RE: Kitty Hawk Landing Association, Inc. Jetty and Breakwater Walls Kitty Hawk, _._ CAMA Major Permitting As representative of Kitty Hawk Landing Association, Inc: (owner), 1 authorize Quible & Associates, P.C. to act as agent for the purpose of CAMA Permitting, specifically for jetty and breakwater improvement activities within public trust waters. Name: 0 ' A)s RFCFIV€D OCT 3 f 2014 DCM-MHD CITY ROY COOPER Gavernar Coastal Management ENVIRONMENTAL QUALITY January 18, 2017 Kitty Hawk Landing Association, Inc. Attn: Mr. Robert Darden and Mr. Peter Collins PO Box 923 Kitty Hawk, NC 27949 Dear Sirs: WILLIAM G. ROSS JR. Seor ary BRAXTON DAVIS Direelor On December 21, 2016, the Division of Coastal Management received correspondence from your agent Brian Rubino of Quible & Associates regarding your modification under the Coastal Area Management Act (CAMA) to reconfigure permitted rock jetties. The correspondence requested that the modification request be withdrawn. As requested, the Division will retire your modification request. Any future request to carry out major development activities at this location will require the submission of anew CAMA major permit application or modification request. The Division remains available to provide any assistance you may require in preparing your application. If you have any questions concerning this matter, please feel free to contact me at (252) 808-2808 ext. 215 or by email at gregg.bodnar@ncdenr.gov. Sincerely, Y l Gregg Bodnar Assistant Major Permits Coordinator cc: DCM — Elizabeth City DCM - Morehead City. Josh Pelletier, USACE Washington Regulatory Field Office DWR—Anthony Scarbraugh, WaRO State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morchead City, NC 28557 252-808-2808 1252-247-3330 (fax) Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES - PLANNING • SURVEYING SINCE 1959 To: Ron Renaldi, NCDCM Doug Huggett, NCDCM Josh Pelletier, USACE CC: Peter Collins, KHLA From: Brian Rubino, Quible & Associates, P.C. December 20, 2016 Robert Tankard, NCDWR Anthony Scarbraugh, NCDWR RE: Kitty Hawk Landing Association, CAMA Major 03-15 Minor Modification Request for Additional Information- Reconfiguration of rock permitted for jetty walls P.O. Drower 870 My Ho k NC 27949 Phone: 252-4968147 Fox; 252-491-6146 web: quible.com The primary purpose of this correspondence is to inform State and Federal Permit Agencies that Kitty Hawk Landing Association would like to withdraw the request for a CAMA modification associated with the rock jetty alignments at this time. The reason for the re -alignment modification request was to provide the maximum available channel width for safety and ease of navigation. However, I have been informed that the Association now favors the original (already permitted) alignment due to the unsightly and fragmented nature of the existing dilapidated sheetpile jetties. Therefore, the current plan for this winter is to remove the existing broken walls at the outer ends, and maintain the permitted concept of rocking both sides of the wall out towards the end. The inside jetty rock width will very likely not include the full 13 ft. No portion of the jetties will encroach into areas outside the permitted alignment. The secondary purpose of this correspondence is to respond to the NCDWR request for additional information related to the above referenced project. The reason to address this even though request has been withdrawn is to document everything appropriately in case there is ever a future modification for the same thing or something similar: Impact Justification (Avoidance and Minimization): The Minor Modification request (withdrawn) was to reconfigure the rock permitted along the existing jetties walls. As depicted on the plan that you have reviewed, the reconfiguration would have placed the 26 feet of rock only on the outside of the jetty walls as opposed to 13 feet on the inside and 13 feet on the outside that was previously permitted. There is no net increase in the area of bottom impacts associated with this request. This would preserve the full width of the existing entrance channel, allow for safer boating to and from Avery Pond, and allow for maintenance or removal of the existing sheet piling jetty system if they choose to do so in the future. Navigational safety was the primary reason for the modification request. Related to SAV resources, the modification would not have impacted (directly or indirectly) any beds of SAV. Based on current (Summer 2016) and past SAV evaluations (documented in prior CAMA permit requests), SAV in this area of the sound does not persist in water greater than 3.5 ft and there have not been any SAV resources in close proximity to the south side jetty. Related to -the subject jetties, there is no permit action requested at this time. However, please note that we are also working on the Major Mod for CAMA Permit 153-09 for dredging associated with the South Entrance Channel. We have received the 401 Certification for that project (DWR 2014-1138 Ver.2). The Association has a contractor lined up to begin this work in early January (as long as the CAMA mod issues). Due to the short. window for in -water work due to permit conditions and availability of funds for this winter, it is extremely important that this permit issues as soon as possible. Please let me know if there are any questions related to these matters or if there is anything I can supply to assist with issuance of the South Entrance Channel permit modification issuance. Thank You B PianRubino Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Cncernor DONALD R. VAN DER VAART Secretary. BRAXTON DAVIS RECEIVED NOV 17 2016 MEMORANDUM DCM- MHD CITY TO: Courtney Spears, Assistant Major Permits Coordinator, Division of Coastal Management, Morehead City FROM: Ron Renaldi, Field Representative, DCM R A f THROUGH: Frank Jennings, District Manager, Northeastern District, DCM -?;v DATE: November 14, 2016 SUBJECT: Request for Minor Modification of Major Permit #03-15 issued to: Kitty Hawk Landing Association, Inc. REFERENCE: (a) Letter from Brian Rubino of Ouible & Associates, P.C., Authorized Agent for Applicant, (received 11/10/2016) requesting a Minor Modification to Major Permit #03-15 (b) 15A NCAC 071.0405, Permit Modification Minor Modification to Major Permit 1. Kitty Hawk Landing Association, Inc. has requested a Minor Modification to Major Permit #03-15, which was issued on January 6, 2015 and expires on December 31, 2018. The original major permit authorized repairs to the existing vinyl sheeted breakwater system and the installation of a 26' wide rock breakwater along the existing breakwater (13' each side of breakwater). 2. Kitty Hawk Landing Association, Inc. has requested to modify Major Permit #03-15 to reconfigure the authorized rock breakwater such that the 26' wide base will be installed on the outside of the existing vinyl breakwater sections due to navigational and maintenance concerns. 3. I conducted a site visit on October 13, 2016 to review the Minor Modification request pursuant to the provisions of reference (a) and have determined that the request meets the requirements contained in 15A NCAC 07H .0208 USE STANDARDS. Specifically, the request to realign the rock breakwater will comply with 07H.0208 (b)(9). "Nothing Compares State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City, NC 27909 , 252-264-3901 1 252-264-3723 [fax] An Equal Opportunity\Affirmative Action Employer North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 2 November 14, 2016 4. The required fee of $100, paid by Check #4014, was received by the Elizabeth City District Office on November 10, 2016. S. It is recommended that the Minor Modification request be granted, provided all the Permit Conditions of the original permit issued on January 6, 2015 remain in effect. Attachments: Copy of Minor Modification Request, including work plan drawings Environmental Quality December 1, 2016 CERTIFIED MAIL: 7016 0750 000109017907 RETURN RECEIPT REQUESTED PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary JAY ZIMMERMAN DWR Director DWR # 14-1138 Ver, 3 Dare County Kitty Hawk Landing Association, Inc. Attn: Mr. Robert Darden and Mr. Peter Collins PO Box 923 Kitty Hawk, NC 27949 Subject: REQUEST. FOR ADDITIONAL INFORMATION Kitty Hawk Landing Association — Reconfiguration of rock permitted for jetty walls Dear Messrs. Darden and Collins: On November 22, 2016, the Division of Water Resources (Division) received your application dated November 15, 2016, requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Impact Justification (Avoidance and Minimization) Please provide more details regarding avoidance and minimization of 0.33 acres of open water impacts associated with the reconfiguration of the rock permitted for the jetty walls. This previous project was permitted under DWR Project No. 14-1138 on November 19, 2014. [15A NCAC 02H .0506(f) and (g)] This should include alternative designs and layouts of the project area to address how the requested reconfiguration will function without secondary and cumulative impacts to submerged aquatic vegetation beds located approximately 5 feet from the proposed northern alignment. This Office believes that the open water impact labeled on the plan as proposed 26' wide 245' long rock jetty can be moved or reconfigured to avoid the impacts to the open waters. Please revise the plans to avoid the impacts or provide a detailed explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to avoid impacts to the open waters. Pursuant to 15A NCAC 2B.,.0222 (1)(2) arid Title 15A NCAC 02H .0506 (a)(7) and (b)(2) the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. -5>�Nothln0 Compares!: -,- State of Nadi Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Sgnare Mall, Washington, North Carolina 27889 252-946-6481 Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraughCa ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assista Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email) Ron Renaldi, DCM Elizabeth City (via email) Doug Huggett, DCM Morehead City (via email) DWR WaRO401files Laserfiche Huggett, Doug From: Scarbraugh, Anthony Sent: Thursday, December 01, 2016 2:53 PM To: Huggett, Doug Cc: Connell, Brad; Tankard, Robert; Dunn, Maria T.; Staples, Shane; Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mil); Knute Bysheim Subject: RE: Knute Bysheim - Additional Information for CAMA Major in Pamlico County Mr. Huggett, Based on a review of the supplemental information received by this Office on October 31, 2016, the only outstanding issue associated with the proposed scope of work would be compliance with Closed -Loop Recycle Systems - 15A NCAC 02T.1003 (3) via the completion and submittal of Deemed Permitted Checklist for Closed Loop Recycle Boat Washing Facilities. The applicant will need to satisfy the conditions of the deemed permit prior to any further consideration to process the 401 and buffer application can be made. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality , 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 r '>^Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Monday, October 31, 2016 4:42 PM To: Peed, Richard <richard.peed@ncdenr.gov>; Scarbraugh, Anthony<anthony.scarbraugh@ncdenr.gov>; Higgins, Karen <karen.higgins@ncdenr.gov>;Thorpe, Roger<roger.thorpe@ncdenr.gov>; Moore, Everette <everette.moo re@doa.nc.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Staples, Shane <shane.staples@ncdenr.gov>; Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil>; ken.riley (ken.riley@noaa.gov) <ken.riley@noaa.gov> Cc: Huggett, Doug <doug.huggett@ncdenr.gov>; Connell, Brad <brad.connell@ncdenr.gov> Subject: Knute Bysheim - Additional Information for LAMA Major in Pamlico County Good afternoon, In March of 2016, you received an application for a CAMA Major Permit for a marine travel lift, gravel staging area, concrete washdown pad, and excavation on Mr. Knute Bysheim's property in Pamlico County at Whittaker Creek Yacht Harbor. Mr. Bysheim has provided additional information and changed his proposal in accordance with the attached document. Please note, the dredging component of this project has been completely removed. Please review this additional/updated information and provide comments if this new information changes your original comments in any way. DCM requests that you provide comments on this updated proposal by December 9, 2016. Please let me know if you have any questions or concerns. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.soearsa.ncdenr.00v 400 Commerce Avenue Morehead City, NC 28557 TM - ' Nothing Compares.- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Cnusln! Murlugenlent EW:IRe1414CNTAL pggl.IrY MEMORANDUM PAT MCCRORY Governor DONALD R. VAN DER VAART Secreany TO: Mr. Anthony Scarbraugh DWR Water Quality Programs 943 Washington Regional Office RECEIVED/NCOENR/DWR 110V 17 2016 Water Quality Regional Operations Section Washington Regional Office FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel INC Department of Transportation) to the Hatteras Inlet gorge'from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. 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 areincorporated. Seeattached. �Utpv / // I (fir �� qo6 11(6 (�a�f.ofk�G ASG�ow�Ow�ia ve•�rtilr This office objects to the proposed project for reasons described in the attached 1 comments. Signed 60 Date I Li( ( /it Nothing Comparesti._ ! err of Nod, Cr"Vam f £n.ilcmmrcJ 1 Cwu: Nnn.µmml 9:! lCahi�tl<a! 4 �u Ina! ll'uh7n1'.n. NC '7a 5> JO 9:R Rf 5t l K U. Environmental Quality December 1, 2016 CERTIFIED MAIL: 7016 0750 000109017907 RETURN RECEIPT REQUESTED Kitty Hawk Landing Association, Inc. Attn: Mr. Robert Darden and Mr. Peter Collins PO Box 923 Kitty Hawk, NC 27949 'PAT MCCRORY Governor DONALD R. VAN DER VAAP T Secretary JAY ZiMMERMAN DWR Director DWR # 14=1138 Ven 3 Dare County Subject: REQUEST FOR ADDITIONAL INFORMATION Kitty Hawk Landing Association — Reconfiguration of rock permitted forjetty wall's Dear Messrs. Darden and Collins: On November 22, 2016, the Division of Water Resources (Division) received your application dated November 15, 2016, requesting a 401 Water Quality Certification from the Division forthe subject project. The Division has determined that your'appiication is incomplete and cannot be processed. The application Is on -hold until all of the following information is received: 1. Impact Justification (Avoidance and Minimization) Please provide more details regarding avoidance and minimization of 0.33 acres of open water Impacts associated with the reconfiguration of the rock permitted for the jetty walls. This previous project was permitted under DWR Project No. 14-1138 on November 19, 2014. [15A NCAC 02H .0506(f) and (g)] This should include alternative designs and layouts of the project area to address how the requested reconfiguration will function without secondary and cumulative impacts to submerged aquatic vegetation beds located approximately 5 feet from the proposed northern alignment. This Office believes that the open water impact labeled on the plan as proposed 26' wide 245' long rock jetty can be moved or reconfigured to avoid the impacts to the open waters. Please revise the plans to avoid the impacts or provide a detailed explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to avoid impacts to the open waters. Pursuant to 15A NCAC 28.,0222 (1)(2) arid Title 15A NCAC 02H .0506 (a)(7) and (b)(2) the applicant shall furnish all of the above requested information for the proper consideration of the application. If all ofthe requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. �tJothing Compares � State of North Carolina I. Environmental Quality I Water Resources -Water. Quality Regional operations section -Washington Regional Office. 943 Washington Square Mall, Washington, North Carolina 27889 252-946.6481 Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraush@ncdenr.gov if you have any questions or concerns. Sincerely, �. Robert Tankard, Assista Regional Supervisor Water Quality Regional Operation Section Division of Water -Resources, NCDEQ cc: Josh Pelletier, USACE Washington, Regulatory Field Office (via email) Ron Renaldi, DCM Elizabeth City (via email) Doug Huggett, DCM Morehead City (via email) DW R W a RO 401 files Laserfiche 1 PAT.MCCRORY `Governor .'. DONALD it VAN DER VAART 'Secretary Environmental JAY ZIMMERMAN.; Qf/alitj� DWR Drtedor -; December21,,2016 DWR # 14-1138 Ver. 3 . Dare County Kitty. Hawk Landing Association, Inc. 'Attn! Mr. Robert Darden and Mr. Peter Collins - PO Box 923. Kitty Hawk, NC 27949 Subject:. RETURN OF APPLICATION Kitty Hawk Landing Association — Reconfiguration of rock permitted for jetty walls: Dear Messrs. Darden and Collins: .On November 22, 20161,the Division of Water Resources.(Division) received your application dated November 15,2016, requesting'a 401 Water Quality,Ce'rtification.from the Division for the subject project. The.Division of Water. Resources issues, approvals in the form of.a Water:Quallty'Certification (WQC) in conjunction' with the major modification to your CAMA Major Permit arid.Gene.rai, Permit(s) 148000291 issued by the US Army Corps of Engineers (USACE). This WQC allows'you'to use -the CAMA Major Permit when'the':Division ':of Coastal.Management issues their permit. We.wrote to you on December1, 2016 requesting add itionaCinformation on the project. On December 21, 2016,.the Division recelVed a'request from.you'to withdraw the current application. i Therefore,'your. file is hereby considered withdrawn: . Please be aware that:you have no authorization 'Under Sed!Qn:401:ofthe Clean Water Act for this activity and any work done within waters of the state'rrlay.be a viaiation.of North Carolina General.Statutes and Administrative Code.,' Please contact Anthony Scarbra ugh at 252=948 3924or anthonv.scarbraughOncdenr,eov.lf you have any questions or concerns.. S rtrecg y� t ny Scarbraugh, Environmental Senior Specia list Wa Quality Permitting Section Divisor of Water Resources, NCDENR' '? Nothing Compares ti . .. State ofi4ortli Carolina] Environmental Quality l Water Resources. Water Quality Rngional.Oizrations Section-6Vasltington Regional Office . . 943 Waslungim square Mall, Washington, North Carolina 27889' " - 25M46-6421 ' - Received NOV 10 1016 fe� fr1l�lt`p DCIll TRANSMITTAL To: Ron Renaldi, NCDCM From: Brian D. Rubino Date: 11 /7/2016 03• 15 Re: CAMA Major #163cBAMinor Modification Request \7fi ible SINCE 1959 & Associates, P.C:a ENGINEERING * CONSULTING * PLANNING ENVIRONMENTAL SCIENCES * SURVEYING Phone: (252) 261-3300 Fax: (252) 261-1260 Web: www.quible.com RECEIVED NOV 17 2016 DCM- MHD CITY #o3-1J q,a.2. The Kitty Hawk Landing POA is requesting to modify the existing CAMA Major permit #463-99for the jetty system at the entrance to Avery Pond. This Minor Modification request is to reconfigure the rock permitted along the existing jetties walls. The applicant wishes to use the same footprint of 26 feet of rock along the jetties. The reconfiguration would place the 26 feet of rock only on the outside of the jetty walls as opposed to 13 feet on the inside and 13 feet on the outside that was previously permitted. This would preserve the full width of the existing entrance channel, allow for safer boating to and from Avery Pond, and allow for maintenance or removal of the existing sheet piling jetty system if they choose to do so in the future. Attached is the revised CAMA Plan showing the reconfiguration of the rock along the jetty walls. Enclosed is the following: • $100 Permit Fee Check • CAMA Plan (12 Copies) • Adjacent Riparian Owner Letters Please contact me if you have any questions or if you require anything else. Thank Yt'oou�u,,, rian Rubino CC: Peter Collins, KHL C c t,, r-+ n a .7 PAT MCCRORY Goaann ±: DONALD R. VAN DER VAART Samay BRAXTON DAVIS Coastal Management Doll ENVIRONMENTAL QUALITY November 15, 2016 RECEIVED MEMORANDUM NOV 17 2016 TO: Maria Tripp Dunn, NC Wildlife Resources CommissiorPC M- M H D CITY Shane Staples, Division of Coastal Management Josh Pelletier, US Army Corps of Engineers Anthony Scarbraugh, DWR— Water Quality Regional Operations FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Minor Modification Request to Major Permit #03-15 Applicant: Kitty Hawk Landing Association Project Location: Adjacent 3918 Ivy Lane & Albemarle Sound, Kitty Hawk, Dare County Proposed Project: Reconfiguration of rock permitted for jetty walls Please indicate below your agency's position or viewpoint on the proposed project modification -and return this form by 12/06/2016 to Courtney Shears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi via email at Ronald. Renaldinn,ncdenr.gov. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE <'- -Nothing Compare*_.. State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 175outh I Elisabeth City, NC 27909 252-264-3901 1 252-264-3723 [fax] NC Division of Coastal Management in Cashier's Official Receipt W o N W U W TI > R�eived From: Ir z •/` ^��'i, -�k`'� In Yn � r- %A o � � 4013 P�nit No.: Applicant's Name:` Project Address: l 44Y 3yior -�--try <<,� �.1��/��:ryt�-i� .s`�•,,, 2922 GB C D Date: , ' 6' 20/� /s-, v y S Check No.: 7 a / X ^^ County: `L a F:�- Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: 9¢ GJ 6 Signature of Field Representative: Ja�7 q A Date: // /-Z,/ %.p Date: ( r /� e Quible Qulble & Associates, P.C. ENGINEERWG - ENVRONWNIALSCIENCES - PLANNING - SURVEYING SINCE 1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED November 4, 2016 F.G. Tillett Heirs C/O Burvell Beacham 79 Pagoda Street Milton, MA 02186 RE: CAMA Major Minor Modification Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, NC Sir/Madam: RECEIVED �NANw90 Fm: 252-4914146 NOV 17 2016 web. giUe.`om DCM- MHD CITY ®C "'z As adjacent riparian property owner to the above referenced project, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project includes a reconfiguration of the armoring of the entire jetty and breakwater system with rock by placing rock on the outer side of the jetty. The former plan was to place rock on both sides of the jetty. This does not change the width or amount of rock to be used. Should you have comments to this proposal, please send your written comments to Mr. Ron Renaldi, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Br ubinR o��` I have no objection to the project as proposed I have an objection to the project for reasons stated below Signature Date Quible 870 9ulble &Associates. P.C. Received lawk C27949 181ty Hawk NC 27949 ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING Phone: 262-491.8147 Fax: 252-491-8146 SINCE 1959 NOV 1 0 71116 web: quibte.com DCM-EC CERTIFIED MAIL: RETURN RECEIPT REQUESTED November 4, 2016 George and Brenda Pitonyak 3819 Ivy Lane Kitty Hawk, NC 27949 RE: CAMA Major Minor Modification Kitty Hawk Landing Association, Inc. Kitty Hawk, Dare County, NC Sir/Madam: RECEIVED NOV 17 2016 DCM- MHD CITY As adjacent riparian property owner to the above referenced project, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project includes a reconfiguration of the armoring of the entire jetty and breakwater system with rock by placing rock on the outer side of the jetty. The former plan was to place rock on both sides of the jetty. This does not change the width or amount of rock to be used. Should you have comments to this proposal, please send your written comments to Mr. Ron Renaldi, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. knaD. Rubino I have no objection to the project as proposed I have an objection to the project for reasons stated below Signature Date 4014 .For delivery Information visit our webslte at www.usps.coms - Fordelivery Information visit our website at www.usps.com� CIO Rehm Receipt Fe (Endorsement R ulrel ` eq O OO Return Rea Rc \ mark ] 're � (•%�li I \\ lV I ReeMcted Deilve Fe ry (Endorsement a� tS „a,•• g I (Endorsement Raqulrec O Restricted De W (Endorsement Re \ � I $1 Total Postage & Fear 0 nq Total Postage 1 an - 6 : �� Lrn ---1 - ........ Street ApCTlo.; �j c �/� -.�+; ;�L-- , or PO Box No_�6 7--.-.-.--.- I O 8 BAo rC) ►�uaJP Bos N N-N...-----.-.. CIN. .ZIP+4 nv MCA7�y PS Form :rr August 2006 See Reverse for _. _ Ct P P.(6�-.----•-•-------- i PS For. 3800 August --�)_D!Y��/-.- S-}. )cToly Afdn 2006 Instructions Postal . CERTIFIED MAIL,, RECEIPT .. (Domestic Mail only; CO 0 M MILTONrMA O MB f" KITTY HAWKS NC 27949 r` Posrage m d Y3 0449 10 r Co Po� I ,3 0449 (U Ceme i Fee 3 .$17.00 fl.l Certified! Fee ��"� 3 3n,00 10 p Rehm Receipt Fee (Endorsement Requiretl) O ^ p7jJ, UU Postmark Hare O 00 Return Race i 1 Fee (Endorsement Required) ` �,7.OU PoaMeric Hera pEndoreRestricted Delivery Fee (Endorsement Required) O Residaed Delivery Fee (Endorsement Required) O NTaal Postage & ela 7.� Ce 11/04/2ili b N Total Postage & F$ees 1 11/04`/'2016 rn enr o r( I �11 ' I ^ a ra O - -- -- - Street Pr. No.;- - - or PO Box No. lCJ C 1. _ UR AN rl --_ Street, Apt. No.; NCit}, - - .-' - Ci,I ..-._.----�- ------------------- ...-------------------------------� O or PORox Y.J_N4------ Srzfe( )P+4 L1"�. �) bli./ N Qd)& M1 ......--.-...-..---.-.-.-.1.'__-.--._(.,...-..�1.._ _...-_ DrN� e1ZTly NQiA/7 (� (9 79 PS Form :10AugustrrPS Form :,rAugust 2006 Sao Reverse for lostrudiA Y u Received Nov 1 0 ?016 DCM-EC RECEIVED Nov 17 2016 DC10- MHD CITY