HomeMy WebLinkAbout118-22 Hatteras Is. Homes LLC.......... - .
Permit Class Permit Number
NEW 118-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
'Vertu t"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Hatteras Is Homes LLC James Forkovitch and Dereck Hench, PO Bog 883, Avon, NC 27915
Authorizing development in Dare County at adj. to Atlantic Ocean at 23244 and 23270
Midgets Mobile Court, in Rodanthe, as requested in the permittee's application dated 6/10/22 (MP-1), 4/29/22
(MP-2) and 6/10/22 (MP-3), including att workplan drawings (15) as referenced in Condition No. 1 below.
This permit, issued on October 26, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
)f these terms may be subject to fines, imprisonment or civil action; or may cause the permit to oe nun ana volu.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (15),"Survey dated 7/11/11, Sheet 1 of 2 dated "Revised 8/29/22", Sheet
2 of 2 dated "Revised 6/24/22", and Sheets ALL, A1.2, Al-3, El, E2, El-3, E4, F1.1, 171.2, F1-3,
S 1.1, S 1.2, all dated "Received DCM EC 6/14/22". Including the Ocean Hazard Notices signed
3/7/22 and 4/28/22.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
October 26, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by me amnonty or me Decreiary ur mzy auu uwc i 11au
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Hatteras Is. Homes LLC., James Forkovitch and Dereck Hench Permit No. 118-22
Page 2 of 4
ADDITIONAL CONDITIONS,
Ocean Hazard Development with Section 404 Wetland Fill
2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the homesite, driveway and
parking, pool and apron, decks, gazebo and beach access, shed, septic and 3,686 ft of Section 404
Wetland fill, and other associated infrastructure, all as expressly and specifically set forth in the attached
permit application and workplan drawings. Any additional land disturbing activities and/or construction
may require a modification of this permit. Contact a Division of Coastal Management representative at
(252) 264-3901. for this determination.
3) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are
inconsistent with any of the following AEC standards, the more restrictive standard shall apply.
4) All fill material shall be clean and free of any pollutants except in trace quantities.
5) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of
Coastal Management shall stake the first line of stable, natural vegetation and appropriate structure
setbacks. These setback determinations shall replace those done at the time the permit application was
processed and approved. Construction shall begin within sixty days of this determination or the
measurement is void and shall be re-established. In the case of a major shoreline change within that
period, a new setback determination shall be required before construction begins.
6) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8
inches in diameter if round, or 8 inches to a side if square.
7) All foundations shall be adequately designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100-year storm.
8) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structures.
9) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently
threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled
within two (2) years of the time when it becomes imminently threatened, and in any case, upon its
collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place
within two (2) years of the time the structure becomes imminently threatened, so that the structure is no
longer imminently threatened, then it need not be relocated or dismantled at that time. This condition
shall not affect the permit holder's right to seek authorization of temporary protective measures allowed
under CRC Rules.
Sedimentation and Erosion Control
10) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
Hatteras Is. Homes LLC., James Forkovitch and Dereck Hench Permit No. 118-22
Page 3 of 4
ADDITIONAL CONDITIONS
11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do.not enter adjacent wetlands, watercourses or properties.
Stormwater Management
12) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. Any
violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit.
USACE Conditions
13) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District,
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
Construction within jurisdictional area on the property shall begin only after the permittee has made full
payment to the NC DMS and provided a copy of the payment documentation to the Corps. and the NC
DMS has provided written confirmation to the Corps that it agrees to accept responsibility for the
mitigation required, in compliance with the MOU between the North Carolina Department of
Environmental Quality and the United States Army Corps of Engineers, Wilmington District, dated
November 4, 1998.
General
14) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any
part of the area approved for development under this permit, this permit shall be null and void as to the
area the court determines is not owned by the permittee. This condition shall take effect on the date such
court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or
continuing any further development under this permit.
15) 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.
16) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: The permittee is advised to contact the local health department regarding requirements for septic
tank installations (as required under 15A NCAC 18A.1900 et. seq.). For information concerning
septic tank and other on -site waste disposal methods, contact the Dare County Health
Department.
Hatteras Is. Homes LLC., James Forkovitch and Dereck Hench Permit No. 118-22
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-00185).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 005067 and assigned the project DWR Project No. 2022-0959.
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.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
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Applicant: _ - _ --- MesLZ-
Type: (Check all that apply)
New V - Major Mod _ Permit# _ Minor Mod _ _— _ Renewal Transfer
Permit Coordinator:
1 W rj mk 2
Field Representative: --_— -- --
Date Time Message
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
File Note:
FROM:
SUBJECT:
DATE:
NORTH CAROLINA
Environmental Quality
Gregg Bodnar, DCM Assistant Major Permit Coordinator
Major Permit Application Hatteras Island Homes LLC.
8/29/22
Robin Arnold, an objecting party to the application, emailed David May of DWR concerning sand on site
west of the north drain at 23244 Midgetts Mobile Court. Yvonne Carver performed a site assessment
and determined that the sand location and need was consistent with a minor permit #Hi-33-2020, issued
by Dare County LPO for the construction of a SFR.
rvaxmcnaou D_E Q �
DepWup IFml,mumiW Wt�l�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.280
DCM Coordinator: _?::,,�` /12 Permit #: 8 'ZZ
MAILING DISTRIBUTION SHEET
Permittee:
S 4!vi, t';Z_
Agents: QYa4— 1/rw^eyaircv
DCM Field Offices
Ntlizabeth City ?i W'ee /4Cl6 Washington (with revised work plan drawings)
Morehead City Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Wilmington:
Wildlife Resources:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Clif Whitfield (WARO)
Jimmy Harrison
Sheri Montalvo / Shelton Sullivan
Chris Pullinger — 401 /A4 �j
TBD - 401 0
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Holley Snider — 401 (Fender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARO)
Natural Heritage Program Rodney Butler
LPO: A�ah Cf/i((/4V4
(NCDOT) Travis Wilson
DCM MP-1
APPLICATION for JUN 1 4 2022
Major Development Permit l(((���'M
(last revised 12127106) D - " - --. r--.
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary App!lcant/Landowner Information
Business Name
Project Name (if applicable)
Hatteras Island Homes Inc.
Midgefts Mobile House
Applicant 1: First Name
MI
Last Name
Sam
Hagedon
Applicant 2: First Name MI Last Name
James Forkovitch
if additional applicants, please allwh an salftonal pages) with names fisted.
Mailing Address
PO Box
Cily
State
883
Avon
NC
ZIP
Country
Phone No.
FAX No.
27915
USA
252-305-2143 ext.
Street Address (d different hont above)
City
State
ZIP
Email
avon—Viking@yahoo.com
2. Agent/Contractor Information
Business Name
Atlantic Ewironmental Consultants, Llc
Agent/ Contractor 1: First Name
Doug
MI
A
Last Name
Dorman
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO BOX
P.O. Box 3266
City
Kitty Hawk
to
NC
ZIP
27949
Phone No. 1
252 - 599 - 2603 red.
Phone No. 2
FAX No.
Contractor R
Street Address (r/ cftrent hom above)
City
State
ZIP
Email
dougdaec@gmail.com
<Form continues on back>
RECEIVED
252.808-2808 .. 'I.088.4RCOAST .. wr: v..n i.co.u;W rmanayc u1Q"t°`.t JUL 152022
DCM-MHD CITY
Form DCM MP-1 (Page 2 014)
APPLICATION for
jUN 14 2022 Major Development Permit
S. Project Location DCM-EC
County (can be multiple)
Street Address
State Rd. /
Dare
23270 & 23244 Midgetta Mobile Court
Subdivision Name
city
State
zip
None
Rodanthe
NC
27936-
Phone No.
lot No.(s) (Mmany, attach additional page with Iiso
—•- ext.
Lot 2, Lot 1, 1 ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
� ;r
Atlantic Ocean
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
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Dare County
4. Site Description
a. Total length of shoreline on the tract (8.)
b. Size of entire tract (sq.11.)
72.46 linear feet
Lot 1 - 57,755 sf, Lot 2 - 44,500 elf
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
57,755 elf, 44.500 sf,
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
10, ❑NHW or ®NWL
e. Vegetation on tract
Beach Grass, Wax myrtle, Black Needle Rush.
I. Man-made features and uses now on tract
Existing borrow pit located on Lot 1.
g. Identify and describe the existing land uses adjacent to the proposed project site.
The existing land use adjacent to the property are residential.
III. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
S-1
(Attach zoning compliance certificate, if applicable)
®Yes []No DNA
1. Is the proposed act" 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 DNA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
2022
252.808.2808 :: 1-888.4RCOAST :: www.nccoaslalmanagement.net
DCM-MHD CITY
Form DCM Ill (Page 3 of 4)
APPLICATION for
Major Development Permit
M. (i) Are there wetlands on the site? ®vas ❑No
(it) Are there coastal wetlands on the site? ❑Yes ONo
(III) If yes to either (i) or (li) above, has a delineation been conducted? ®Yea []No
(Attach documentation, If available)
n. Describe existing wastewater treatment facilities.
None. Improvemtent permit issued by Dare County Environmental Health. See attached documents. JUN 14
o. Describe existing drinking water supply source.
Public water supply
p. Describe existing storm water management or treatment systems.
None.
& Activities and Impacts
a. Nil the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment
®PrivatelCommunily,
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The proposed house will be constructed for residential use.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The house pilings will be sugared and hydrauically set in place. House constrction to use conventional framing techniques.
Small tractor and backhoe to be used for construction. Equipment stored onsite if needed.
d. List all development activities you propose.
1. Construction of 8 bedroom house with pool and decking.
2. 6' x 290' walkway with stairs for beach access.
3. 12'xl2' gazebo.
4. 10'X20' storage shed with wood floor.
5. 500 sf open wood decking .
in ocean front CAMA setback.
6. Wastewater grinder pump lift station with forcemain connecting to septic system on lot 1.
e. Are the proposed activities maintenance of an existing project, new work. or both? New
f. What is the approximate total disturbed land area resulting from the proposed project? 9,390 ®6q.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 slate.
No existing or proposed discharges to waters of the state
I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONo ❑NA
j. Is there any mitigation proposed? ®Yea ONo ONA
If yes, attach a mitigation proposal.
D
252-808.2808 :: 1-838.4RCOAST :: www.nccoastalmanagement.net JUL 15 2022
DCM-MHD CITY
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Dorm continues on bacb
Major Development Permit
6. Additional Information
in addition to this completed application form, (MP-1) the following dams below, If applicable, must be submitted In order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consul the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the sae.
d. A copy of the deed (with state application only) or other Instrument under which the applicant clatro 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 Jerry Estes Phone No. 252-560-5339
Address PO Box 74, Tallapoosa, GA 30176
Name Smannon Enterprises, LLC Phone No.
Address 182 Grandview Drive, Glastonbury, CT 06033
Name Hatteras Beach House, LLC Phone No.
Address 195 Maple Lake Road, Spring Brook Twp, PA 18444
g. A list ofprevious state or federal permits issued for work on the project trod. Include permit numbers, permimee, and issuing dates.
Minor Permit OH1-33-2020 issued on 04/21/20
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). it necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Caroline Environmental Policy Act.
7. Ced icstion 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 eonddions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of stale and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 06/10/22 Print Name _Doug Dorman,
Signature �i
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
ODCM MP-4 Structures Information
J U N 14 2022
0C ICI- LZIC
RECEIVED
252.608.2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net JUL 15 2022
DCM-MHD CITY
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Cc�iUL
MAY 0 3 2022
DCM-EC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL)
stabilization_)
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
1. EXCAVATION ®Thts 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.
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (I) Do you claim title to disposal area?
❑Yes ONO ❑NA
(it) B 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 otherwetlands (WL)7 If any boxes are checked, provide the
number of square feel affected.
❑CW ❑SAV ❑SB
OWL ❑None
III) Describe the purpose of disposal in these areas.
d. High -ground excavation in cubic yards.
®This section not applicable
b. Dimensions of disposal area.
d. (i) Will a disposal area be available for future maintenance?
❑Yes ONO [-]NA
III) If yes, where?
I. (i) Does the disposal include any area in the water?
❑Yes ONO ❑NA
(III If yes, how much water area is affectoe
RECEIVED
252-808-2808 :: d-888-4RCOAST :: www.nccoastalmanagoment.net NZIUR6
DCM-MHD CITY
Form DCM MP-2 (Excavation and Pill, 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 Ni: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
months?
------.---- ❑Yes ❑No ❑NA
(ii) If yes, stale amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill- Riprap
BreakwaterlSill_ Other_
i. Source of fill material.
h. Type of fill material.
f� IVLw
MAY 0 3 2022
DCNq-EC
4. OTHER FILL ACTIVITIES ❑This section not applicable
(t=xcluddlg 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,
(4) Amount of material to be placed in the water Q
(lit) Dimensions of fill area 3,500 sf
(iv) Purpose of fill
House location and parking.
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b.
controlled?
Silt fence to be installed around perimeter of fill area.
C. (i) Will navigational aids be required as a result of the project? d.
❑Yes []No ®NA
(I) If yes, explain what type and how they will be implemented,
04/29/22
Date
Midgetts Mobile House
Project Name
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV _ ❑SB _
MWL 3.560 []None
(ii) Describe the purpose of the fill in these areas:
Construction of house.
What type of construction equipment will be used (e-g., dragilne,
backhoe, or hydraulic dredge)?
Backhoe, small tractor.
(i) Will wetlands be crossed in transporting equipment to project
sde? []Yes ®No ❑NA
(h) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Authorized agent - Day Dorman
Applicant Name
Ikaanf8lgnature
JUL 15 2022
DCM-MHD CITY
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagementmet revised: 12126/06
Form DCM M111-3
UPLAND DEVELOPMENT JUN 141012
(Construction and/or land disturbing activities) r-- C
DICKq-
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Join(
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
b. Number of lots or parcels.
proposed.
2
5
C. Density (give the number of residential units and the unit per
d. Size of area to be graded, filled, or disturbed including roads,
acre).
ditches, etc.
1 unit per 1.64 acres
9,390 sf
e. If the proposed project will disturb more then one acre of land, the
f. List the materials (such as marl, paver stone, asphak, or concrete)
Division of Land Resources must receive an erosion and
to be used for impervious surfaces.
sedimentation control plan at least 30 days before land -disturbing
Gravel driveway and parking.
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
[]Yes; ®No DNA
(iq If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
h. Projects that require a LAMA Major Development Peril may also
be covered by impervious and/or built -upon surfaces, such as
require a Stormwater Certification.
pavement, building, rooftops, or to be used for vehicular driveways
(i) Has a site development plan been submitted to the Division of
or parking.
Water Duality for review?
N/A
❑Yes ®No DNA
i. Give the percentage of the entire tract to be covered by impervious
(ii) If yes, list the date submitted:
and/or buill-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
j. Describe proposed method of sewage disposal.
k. Have the facilities described in Item (i) received state or local
Pumped off site to adjacent lot 1. LPP system.
approval?
❑Yea ®No DNA
If yes, attach appropriate documentation.
I. Describe location and type of proposed discharges to waters of the
m. Does the proposed project include an innovative stormwater
state (e.g., surface runoff, sanitary wastewater, industrial/
design?
commercial effluent, "wash down' and residential discharges).
❑Yes ®No DNA
Surface runoff
If yes, attach appropriate documentation.
RECEIVED
JUL 15 2022
DCM-MHD CITY
252-808-28082 :: 1-888-4RCOAST :: www.nccoastalmanagemenlanct revised: 12126106
Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Public water. Dare County
o. When was the lot(s) platted and recorded?
Lots 1 & 2 recorded 2011
06/10/22
Date
Midgetts Mobile House
Project Name
Agent - Doug Dorman
Applicant Name
Applicant SlgFature
n. (I) Will water be impounded? ❑Yes ®No []NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes ®No ❑NA
JUN 14 2022
DCi/1.-EC
RECEIVED
JUL 15 2022
DCM-MHD CITY
252-808.2808:: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26106
OCEAN HAZARD AEC NOTICE
Project is in an: X Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area
Property Owner: Hatteras Island Homes Inc. c/o Sam Hanedon
Property Address: PO Box 883, Avon, NC 27915
Date Lot Was Platted:
07/11/11
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an AEC Hazard Notice and
acknowledge that notice in writing before a permit for
development can be issued.
♦a.
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, properly loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Permits issued in the Ocean I-lazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled if they become imminently threatened
by changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long -terns
average ocean erosion rate for the area where your property is
located is I.0_ feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
feet landward in a major storm.
The flood waters in a major storm are predicted to be about
feet deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structumx sw;h as bulkheads, seawalls, tevennents, groins, jcuics
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this information and
requirements by signing this once in the space below. Without
the proper signal p ication will not be complete.
�J3-U�-ZZ
Owner's S' Its Date
vlaet, #A�- nu(R ,� 5�►FNO f�'/ltkfl
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive storms and
erosion. Permits issued for development in this area expire on
December 31 of the third year following the year in which the
permit was issued. Shortly before work begins on the project
site, the Local Permit Officer must be contacted to determine the
vegetation line and setback distance at your site. If the property
has seen little change since the time of permit issuance, and the
proposed development can still meet the setback requirement,
the LPO will inform you that you may begin work. Substantial
progress on the project must be trade within•60 days of this
setback determination, or the setback must be re -measured.
Also, the occurrence of a major shoreline change as the result of
a storm within I the •60-day period will necessitate re -
measurement of the setback. It is important that you check with
the LPO before the permit expires for official approval to
continue the work after the permit has expired. Generally, if
foundation pilings have been placed and substantial progress is
continuing, permit renewal can be authorized. It is unlawful to
continue work after permit expiration.
For more injornnarion, conracv:
Local Permit Officer
Address
Locality
Phone Number
JUN 14 11112
DCN2-EC
�N'L RECEIVED
JUL 15 2022 Revised May2010
DCM-MHD CITY
OCEAN
Project is in an: _ Ocean Erodible i
Property Owner: Hatteras Island Homes,
Property Address: 23270 Midgetts Mobile I
Date Lot Was Platted: 0711111,
This notice is intended to make you, the applicant, aware
special risks and conditions associated with development
area, which is subject to natural hazards such as storms, c
and currents. The rules of the Coastal Resources Count
require that you receive an AEC Hazard Notici
acknowledge that notice in writing before a perm
developnment can be issued.
The Commission's rules oil building standards, och
setbacks and dune alterations are designed to minimize,
eliminate, property loss from hazards. By granting Peru
Coastal Resources Commission does not guarantee the s
the development and assumes no liability for future dal
the development Permits issued in (lie Ocean Hazard
Environmental Concern include the condition that strut
relocated or dismantled If they become imminently thi
by changes in shoreline configuration. The structure(s)
relocated or dismantled within two (2) years of In
imminently threatened, and in any case upon its toll
subsidence.
'The best available information. as accepted by the Coastal
Resources Commission, indicates that the annual lot
average ocean erosion rate for the area where your pro)
located is 10 fy_et per year.
ARD AE.0 NOTICE
Inlet Hazer d Area
& 23244 Midgetts Mobilo Ct., Hodantho
the
Ellis
SPECIAL NOTE: This hazard not
Sion
development in areas subject to sudden a
don
erosion. Permits issued for development
and
December 31 of the third year following
for
permit was Issued. Shortly before work
site, the Local Penult Officer must be con
vegetation line and setback distance at ya
out
has seen little change since the time of p(
not
proposed development can still meet the
the
the LPO will inl'ornt you that you may b
r of
progress on time project must be made s
e to
setback determination, or the setback i
r of
Also, the occurrence of a major shoreline
I be
a storm within the 60-day period
ned
measurement of the setback. It is importa
t be
the LPO before the permit expires lot
ling
continue the work after the permit has
or
foundation pilings have been placed and
continuing, permit renewal can be author
continue work after permit expiration.
eon
For more information, contact:
y is
Yvonne B. Carver
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 30 years.
The flood waters in a major storm are predicted to be
feet deep in this area.
Pill oceanfront protection measures we beach noun hment
and relocation of threatened structures. Hard erosion ontrol
structures such as bulkheads, seawalls, revetments, groins jetties
and breakwaters are prohibited. Temporary sand bags irtay be
authorized under certain conditions.
The applicant must acknowledge this informatio m and
requirements by sinning this notice in the space below. ithout
Else proper si_nature, the application will not be complete.
7.—
Ia8f aaaa
Local Permit OlfcerlEnvlronmental
NC Division of Coastal Management
401 S. Griffin St., Suite 300
Elizabeth City, NC 27909
Address
Northeastern District Office
Locality
252-254,3901, ext. 237
Phone Number
RECEIVED
is required for
massive storms and
this area expire on
ie year in which the
:gins on the project
:led to determine the
site. If the property
sit issuance, and the
etback requirement,
in work. Substantial
hin 60 days of this
ist be romcasumd.
ange as the result of
ill necessitate re -
that you check with
sfftcial approval to
pired. Generally, if
bstantial progress is
:d. It is unlawful to
N 14 1012
ki--F Ci
Revised October 2016
JUL 15 2022
DCM-MHD CITY
LOGTICN 51[ETfil, NOi TO SGIE
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and wPaww Is A least 1:1%ooa
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(Dare County, North Carolina
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HIH 2O22 H TERAS ISLAND HOMES INC.
I CAMA MAJOR DEVELOPMENT PERMIT
23270 & 23244 MIDGETTS MOBILE COURT
s 4)rLf7W ENV0?0N, QrA4( 4l CONSX.RVS, LLC I
PO BC% 3266 KITTY HAVK NERTH CAR13LINA
Phone/Fax- C252> 261-7707
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luTf6MSWAND
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RECEIVED A1.1
olC t
JUL 15 2022
DCM-MHD CITY
K22 HATSFRASIN D
H e,ras Island
_f Construction
CC�iA./-EC R.O.MC-2 >
` :' Avon, NC-1 7
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.Il1L 15 20
DCM-MHD CITY
JUN 1 4 ZCZZ
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DDOy� F;fin. !-- r. Hatteras Island
V i . — i i� � Construction
PA. 80e 947
AN ,%NC-7791S
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3RD FLOOR PLAN
TOP LEVEL - MAW LNal6 1,660 SO FT
WEST DECK _ 126 SO FT
NORTH DECK -472 SO FT
FUT DFoc.assDFr
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JUL 15 2G22
DCM-MHD CMY E1
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F.O. Box :97
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EXTERIOR
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JUL 15 2022
DCM-MHD CITY
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JUL 15 2022
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JUL 15 2022
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JUL 15 2022
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_____7L____r---- i------ l______ ______-
---_ JUL 15 2022
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JUN 14 2222 51.1
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RECEIVED 51.2
JUL 15 2022
DCM-MHD CITY
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
File Note:
FROM:
SUBJECT:
DATE:
NORTH CAROLINA
Environmental Quality
Gregg Bodnar, DCM Assistant Major Permit Coordinator
Major Permit Application Hatteras Island Homes LLC.
8/29/22
Robin Arnold, an objecting party to the application, emailed David May of DWR concerning sand on site
west of the north drain at 23244 Midgetts Mobile Court. Yvonne Carver performed a site assessment
and determined that the sand location and need was consistent with a minor permit #Hi-33-2020, issued
by Dare County LPO for the construction of a SFR.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
o�wmauna�mnvmny�
252.808.2808
From: Carver. Yvonne
To: May, David: Renaldi. Ronald; Bodnar Grego Tankard, Robert
Cc: Stewart. Glenn A: Doua Dorman: KD Jackson
Subject: RE: [Extemal] 23270 Midgetts Mobile Court, Rodanthe, NC
Date: Friday, August 26, 2022 1:17:05 PM
Attachments: imaue001.ono
Good afternoon,
Upon review of the information provided to our office in regard to the sand that was
hauled in and spread on the easement area located west of the north drain at 23244
Midgetts Mobile Court, I conducted a site visit Wednesday afternoon. It was determined
that the placement of sand was t 189' west of the ditch --outside of the 404 wetland line
depicted on the major project plan (sheet 2 of 2). 1 also verified that Mr. Hagedon and
Mr. Forkovitch, of Hatteras Island Homes, still have an active minor permit, #Hi-33-2020,
which was obtained in April of 2020 for the construction of a pile -supported single-family
residence on the ocean -front lot, and a septic system in the easement area west of the
ditch.
Based on these findings, the activity that has taken place is in compliance with the minor
permit that was issued through Dare County Local Permit Officer KD Jackson.
VVIMM
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 237
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
From: May, David <david.may@ncdenr.gov>
Sent: Wednesday, August 24, 2022 9:37 AM
To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Carver, Yvonne <yvonne.carver@ncdenr.gov>;
Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>
Cc: Stewart, Glenn A <Glenn.Stewart@ncdenr.gov>
Subject: FW: [External] 23270 Midgetts Mobile Court, Rodanthe, NC
FYI. See below.
David May, L.G.
Regional Supervisor- Water Quality Regional Operations Section
Department of Environmental Quality - Division of Water Resources
f *Z-171:IIt$14.1ma]rM_
252-402-8985 Cell
252-946-6481 Washington Regional Office
david.may!?a ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
e Q "i ��
?0�:eTl <�,N Q
ww caDAMV
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Sent: Tuesday, August 23, 2022 6:37 PM
To: May, David <david.may(@ncdenr.gov>
Subject: [External] 23270 Midgetts Mobile Court, Rodanthe, NC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious
email as an attachment to Report Spam.<mailto:reoort.soam ata)nc.gov>
Hello, Mr. May. I am Robin Arnold and I spoke with you over the phone about this property I just wanted
to include in response to our protests of filling the wetlands he hauled in 7-10loads of sand and has
spread them within a day of me talking to you. I am thinking the location where the hauled in sand is
(Which is funny because he literally dug a pond a few years ago and sold the soil and sand from where
he dug -just to technically replace it elsewhere?), May be okay but I am just worried he is planning on
filling the wetlands himself later? I am not honestly sure of what all the rules are that he is doing with his
property, however, you can clearly see in aerial photos of what would be designated wetlands from the
plant species. I am thinking him hauling in that sand and spreading it may be OK as it is his own land but I
just want to do everything in my abilities to preserve the functioning habitat of the island. Here are
some pictures of the sand. You might not even need them but I'd rather be safe than sorry. The
Timeframe of these events is within the last 3 to 4 days. Thank you for your time and all efforts for
enforcing rules for a sound environment.
With Great Respect,
Robin Arnold
.0 y�`'� \. � .ral �ti�,,,�s."�',{:c�tlti'�•y3%�I'J.x.+����y'4}tv�uKiA i1+'+7Tlf ;
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Sent from my Whone
Bodnar, Gregg
From: May, David
Sent: Wednesday, August 24, 2022 9:47 AM
To: Renaldi, Ronald; Carver, Yvonne; Bodnar, Gregg; Tankard, Robert
Cc: Stewart, Glenn A
Subject: FW: [External] Additional 23270 Midgetts Mobile Rodanthe, Nc
FYI. See below.
David May, L.G.
Regional Supervisor— Water Quality Regional Operations Section Department of Environmental Quality — Division of
Water Resources
252-948-3939 Direct
252-402-8985 Cell
252-946-6481 Washington Regional Office
david.may@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Robin Arnold <baileyzmomz@icloud.com>
Sent: Tuesday, August 23, 2022 8:16 PM
To: May, David <david.may@ncdenr.gov>
Subject: [External] Additional 23270 Midgetts Mobile Rodanthe, Nc
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.<mailto:report.spam@nc.gov>
The sand that was brought in is to provide the septic for the house being built immediately behind the dune on the
ocean. The septic piping will run through the wetland/marsh as well as the wetland being partially filled in for the
foundation of the structure. I do not understand the standards for a permit being approved for this project. In viewing
the topography I feel it will result in the surrounding environment to suffer many issues. Thank you again for your
research on the matter. Your work is very appreciated here.
Robin Arnold
Sent from my iPhone
Bodnar, Gregg
From: May, David
Sent: Wednesday, August 24, 2022 9:37 AM
To: Renaldi, Ronald; Carver, Yvonne; Bodnar, Gregg; Tankard, Robert
Cc: Stewart, Glenn A
Subject: FW: [External] 23270 Midgetts Mobile Court, Rodanthe, NC
FYI. See below.
David May, L.G.
Regional Supervisor — Water Quality Regional Operations Section
Department of Environmental Quality — Division of Water Resources
252-948-3939 Direct
252-402-8985 Cell
252-946-6481 Washington Regional Office
david.mava) cdenr.gov
943 Washington Square Mall
Washington, NC 27889
:�RD 4 CARCk
c iziaRo1 [mauronmfai WaSq�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Robin Arnold <baileyzmomz@icloud.com>
Sent: Tuesday, August 23, 2022 6:37 PM
To: May, David <david.may@ncdenr.gov>
Subject: [External] 23270 Midgetts Mobile Court, Rodanthe, NC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.<mailto:report.spam@nc.¢ov>
Hello, Mr. May. I am Robin Arnold and I spoke with you over the phone about this property I just wanted to include in
response to our protests of filling the wetlands he hauled in 7-10 loads of sand and has spread them within a day of me
talking to you. I am thinking the location where the hauled in sand is (Which is funny because he literally dug a pond a
few years ago and sold the soil and sand from where he dug- just to technically replace it elsewhere?), May be okay but I
am just worried he is planning on filling the wetlands himself later? I am not honestly sure of what all the rules are that
he is doing with his property, however, you can clearly see in aerial photos of what would be designated wetlands from
the plant species. I am thinking him hauling in that sand and spreading it may be OK as it is his own land but I just want
to do everything in my abilities to preserve the functioning habitat of the island. Here are some pictures of the sand. You
might not even need them but I'd rather be safe than sorry. The Timeframe of these events is within the last 3 to 4
days. Thank you for your time and all efforts for enforcing rules for a sound environment.
M
M
Sent from my Whone
Bodnar, Gregg
From: Carver, Yvonne
Sent: Tuesday, August 23, 2022 9:29 AM
To: Bodnar, Gregg; Renaldi, Ronald
Subject: RE: Complaint: 23270 Midgetts Mobile Court, Rodanthe
Attachments: GAINES 2003 EASEMENT DEED-08232022091 1 10.pdf
Thanks Gregg,
I've printed all of this information for our file. As I noted below to Mr. May, our office has logged in 15
calls of concern regarding this project. I recall one person raising concern that we should be posting
our'public notices' on a social media site versus The Coastland Times and a placard on
site. However, considering the amount of calls we've received from non -riparian property owners, I
don't think there's any issues about the public not having our contact information. I noticed that Ms.
Arnold references a 'creek' in her email. For the record, there is no 'creek' in this area. Some
reference the drainage ditch as the 'North Drain'.
I can go by the site and check on the placard, and even post another one if necessary. That is a
vacant lot, so I'm not sure what 'post' the property owner used. A couple of the complainants noted
they saw the 'permit' (i.e. placard) while they were walking down Midgetts Mobile Ct. to or from the
beach.
A couple of people have said that Midgetts Mobile Court is a private -owned road, but Paul Outten,
owner of trailer court at 23243 Midgetts Mobile Court, did confirm that his wife actually sold access to
the R.O.W. to a previous ocean -front property owner.
4 Gerald Gaines obtained major permit #179-04 for the placement of fill (±9,000 sf or the
purpose of providing access to a vacant lot). The project setting of the field report noted that
the project involved the completion of a 20-foot wide platted easement adjacent to 8 individual
lots. Based on Dare County land transfer, Mr. Gaines once owned the ocean -front home at
23267 Midgetts Mobile Court; current owner is Smannon Enterprises, LLC.
o A copy of the deed with references to a perpetual easement is attached for your
reference.
4 MP 179-04 was transferred to Glenn Ford in 2006, and a minor modification was granted for
the construction of the 175'x10' bridge.
Let me know if you need anything further in regard to this project. Of course, I note we are waiting to
see if it gets placed on hold for a project redesign.
Thanks.
*Wrare
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 237
yvonne.carver(a)ncdenr.gov
401 S. Griffin St., Ste 300
1
Elizabeth City, NC 27909
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Tuesday, August 23, 2022 7:49 AM
To: Carver, Yvonne <yvonne.carver@ncdenr.gov>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov>
Subject: FW: Complaint: 23270 Midgetts Mobile Court, Rodanthe
Hey all,
I have an official compliant from Ms. Arnold, so I will not log this as an addendum to her written complaint since it came
in from DWR and was verbal. If there is anything that needs to go into the file with regard to her concerns about
obscuring the notice or number please let me know. I have attached her official objection above.
In addition, I copied you both on the email to Doug Dorman concerning the County's comments and my suggestion to
place the project on hold due to the County's beliefs that the concerns would result in a significant redesign of the
parking area. I'll let you know if anything comes of it.
Gregg
Gregg Bodnar(he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg.Bodnar@ ncdenr.gov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: May, David <david. may@ncdenr.gov>
Sent: Monday, August 22, 2022 4:27 PM
To: Carver, Yvonne <yvonne.carver@ncdenr.gov>
Cc: Tankard, Robert <robe rt.ta n ka rd @ ncden r.gov>; Stewart, Glenn A <Glenn.Stewart@ncdenr.gov>; Renaldi, Ronald
<ronald.renaldi@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar(@ncdenr.gov>
Subject: RE: Complaint: 23270 Midgetts Mobile Court, Rodanthe
Thanks Yvonne.
David May, L.G.
Regional Supervisor— Water Quality Regional Operations Section
Department of Environmental Quality — Division of Water Resources
252-948-3939 Direct
252-402-8985 Cell
252-946-6481 Washington Regional Office
david. mav(a ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
rx�-xn� ,.waiuD
Wp�nl of [mvVmPnUI QuL�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Carver, Yvonne <Vvonne.carver@ncdenr.gov>
Sent: Monday, August 22, 2022 4:21 PM
To: May, David <david.may@ncdenr.gov>; Renaldi, Ronald <ronald.renaldirc@ncdenr.gov>
Cc: Tankard, Robert <robe rt.ta n ka rd @ ncdenr.gov>; Stewart, Glenn A<Glenn.Stewart@ncdenr.gov>
Subject: RE: Complaint: 23270 Midgetts Mobile Court, Rodanthe
Thank you for forwarding this information along to us, Mr. May.
The Division received a major application, submitted on behalf of Hatteras Island Homes, Inc. at the
referenced location for development of a single-family dwelling and associated infrastructure. The
development does include the proposal of 3,686 sf of 404 wetland fill. This proposal was routed to
the State and Federal agencies on 07/15/22 for their comments.
Our office has already received and responded to phone calls/email(s) from Ms. Arnold. In fact, we
have received a total of 15 calls from property owners in the Rodanthe area in regard to this proposal
that either saw the posted placard, or were informed of the project via word-of-mouth and social
media. We have notified the complainants that any formal objections to Hatteras Island Homes'
proposal should be submitted in writing and sent to Gregg Bodnar, our Assistant Major Permits
Coordinator in the Morehead City office.
Best regards,
VVwtrtrte
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 237
Vvo n ne. ca rver(@ n cd e n r. g ov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: May, David <david.maV ncdenr.gov>
Sent: Monday, August 22, 2022 4:04 PM
To: Renaldi, Ronald <ronald.renaldi ncdenr.gov>
Cc: Carver, Yvonne <yvonne.carver@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov_>; Stewart, Glenn A
<G le n n.Stewart@ ncden r.gov>
Subject: Complaint: 23270 Midgetts Mobile Court, Rodanthe
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Thanks
David May, L.G.
Regional Supervisor— Water Quality Regional Operations Section
Department of Environmental Quality — Division of Water Resources
252-948-3939 Direct
252-402-8985 Cell
252-946-6481 Washington Regional Office
david. mav(&ncdenr. oov
943 Washington Square Mall
Washington, NC 27889
D_EQ
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Claire and James Herrell
PO Box 641
Rodanthe, NC 27968
Dear Mrs. and Mr. Henell,
NORTH CAROLINA
Environmental Quality
October 28, 2022
sent by email to claire 1 027acomcast.net
'c2
F
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: htths://deg.nc.lzov/about/divisions/coastal-
manaeement/coastal-management-hermits/variances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. og ebelaa.ncdem.gov
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
q'13111-3 .141.3
Bodnar, Gregg
From:
Sent:
To:
Cc:
Subject:
Attachments:
Tracking:
Afternoon,
Bodnar, Gregg
Friday, October 28, 2022 2:25 PM
JAMES & CLAIRE HERRELL
Goebel, Christine A; Renaldi, Ronald
Notification of CAMA Permit Issuance
118-22 Hatteras Is. Homes et al..pdf; Herrell (Hatteras Is Homes).pdf
Recipient
JAMES & CLAIRE HERRELL
Goebel, Christine A
Renaldi, Ronald
Delivery
Delivered: 10/28/2022 2:25 PM
Delivered: 10/28/2022 2:25 PM
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G reee. Bo d na r@ ncde nngov
Find a Field Rep (arcais.com)
NORiH CAROLINAD_E Q �
eeparhnenl of Environmental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
10
Bodnar, Gregg
From: Microsoft Outlook
To: JAMES & CLAIRE HERRELL
Sent: Friday, October 28, 2022 2:25 PM
Subject: Relayed: Notification of CAMA Permit Issuance
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
JAMES & CLAIRE HERRELL (clairel027(ccomcast.net)
Subject: Notification of CAMA Permit Issuance
Notification of
CAMA Permit Is...
Claire and James Herrell
P.O. Box 641
Rodanthe, NC 27968
304-676-5744
July 8, 2022
Braxton Davis
Director DCM
400 Commerce Avenue
Morehead City, NC 28557
Mr. Davis,
I am writing to express concern regarding the Hatteras Island Homes, Inc proposed fill 404
wetlands to construct a 5,000 sq foot, 8-bedroom, single family home with pool, storage shed,
beach walkway and gazebo at 23270 & 23244 Midgetts Mobil Court, Rodanthe, in Dare County.
My husband and I are full-time resident of Rodanthe and live at 23222 Sudie Payne Road,
Rodanthe. Sudie Payne Road has one street between it and Midgetts Mobil Court, and we
share the same wetland area.
Our first concern is what impact this will have on the flooding that occurs on a regular basis in
this area. We purchased the property as a second home in 2009 and have been full-time
residents since 2021. The wetland area that runs on Sea Haven, Midgetts Mobil, JadeMaca,
Sudie Payne and Sea Sound and Beulah O'Neal has a drainage ditch that runs through the
wetlands. During most years this ditch fills and spills over into the wetland area. This is not
flooding caused by a tropical event or a hurricane but just by normal rains. I am not an
environmentalist, but I am concerned what will happen to the water that is normally in that
area if it is filled and has a home placed on it. My concern is the water will cause additional
flooding in the remaining marsh area. I have included pictures of the marsh area from October
2019, Early May 2020, Early June 2020, Late June 2020, and February 2021. We also are hoping
to avoid any damage to the ecosystem of the costal wetlands that help to provide a habitat for
birds, deer and other wildlife. RECEIVED
AUG 9 2022
ttlP SZ_CT10N %ffl-'7
r
My second concern is for the bridge on Midgetts Mobil. The bridge goes over the ditch area,
and I am not sure of its ability to withstand the traffic that will be generated by the construction
of an 8-bedroom home. This may have been evaluated but if not, it should be considered
A third concern is the amount of people that could be occupying the home. A home with 8
bedrooms is likely to have a minimum of 8 people and will likely house 15 people or more per
week during the summer season. Vacationers are not known to be conscientious of their
surroundings and might allow children and teenagers to play on the dunes or in the remaining
wet land areas causing damage. The current residents have done a great job keeping the
dune area preserved to protect all the current wildlife habitats and protect the ecosyetem.
The last thing I would like to say is a comment on the notification process. I know that the
announcement was in the paper but the announcement at the property was placed on the back
of a real estate sign. It could only be seen if you were heading from the beach toward Rt 12. If
you were heading from Rt 12 towards the ocean you could not see any notification.
Thank you for taking the time to consider our concerns. We would like to be notified of the
final permit decision.
Claire & James Herrell
RECEIVED
AUG 9 2022
161P SECTION MP
EMEVED
WISECTION MHD
i
A. "
PF,ECEMED
AUG 9 2022
P P SECTION J&HD
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Tuesday, August 9, 2022 8:51 AM
To:
clairel027@comcast.net
Cc:
Renaldi, Ronald; Carver, Yvonne
Subject:
Receipt of your objection
Attachments:
Braxton Davis.pdf
Morning Ms. Herrell,
Thank you for your letter dated 7/8/22 and received in the DCM Morehead City office on 8/9/22, concerning the Coastal
Area Management Act (CAMA) Major Permit application submitted by Hatteras Island Homes, in which permission was
requested to construct a single family home, pool and other amenities, associated section 404 wetland fill and a beach
access, located in Rodanthe, North Carolina. As you may be aware, the Division of Coastal Management is coordinating a
multi -agency state and federal review of the proposal. I can assure your comments will be examined and taken into
consideration prior to the Division taking final action on this permit application, and you will be informed of this final
action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project. Please feel free to contact me by phone at (252) 515-5416, or email
(Gregg.Bodnar@ncdenr.gov) if you should have any additional concerns relating to this project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg. Bod nar@ncdenr.gov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Chantal Vien
Dear Mr. Vien,
NORTH CAROLINA
Environmental Quality
October 28, 2022
sent by email to karmasita@hotmail.com
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: https://deg.nc.lzov/about/divisions/coastal-
mana¢ement/coastal-management-pgrmits/variances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine.¢oebel(a,ncdenr.gov
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
Bodnar, Gregg
From: postmaster@outlook.com
To: Chantal Vien
Sent: Friday, October 28, 2022 2:25 PM
Subject: Delivered: Notification of CAMA Permit Issuance
Your message has been delivered to the following recipients:
Chantal Vien (karmasita(ahotmail.com)
Subject: Notification of CAMA Permit Issuance
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Friday, October 28, 2022 2:25 PM
To:
Chantal Vien
Cc:
Goebel, Christine A; Renaldi, Ronald
Subject:
Notification of CAMA Permit Issuance
Attachments:
118-22 Hatteras Is. Homes et al..pdf; Vien (Hatteras Is Homes).pdf
Tracking: Recipient Delivery
Chantal Vien
Goebel, Christine A Delivered: 10/28/2022 2:25 PM
Renaldi, Ronald Delivered: 10/28/2022 2:25 PM
Afternoon,
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G reRR.Bodnar@ ncdenr.l;ov
Find a Field Rep (arwis.com)
NORTH CAROLINADKQ�-
!�
Department of Environmental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, August 10, 2022 2:52 PM
To: Chantal Vien
Subject: RE: [External] Fwd: New project build on Sudie Payne rd Rodanthe
Afternoon,
I am confirming receipt of your email, which will be added to the permit file and considered during our review.
Thank you,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G reeg. Bod na r@ ncden r.gov
Find a Field Rep (arwis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Chantal Vien <karmasita@hotmail.com>
Sent: Wednesday, August 10, 2022 2:14 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: [External] Fwd: New project build on Sudie Payne rd Rodanthe
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sent from my iPhone
Begin forwarded message:
From: Chantal Vien <karmasita@hotmail.com>
Date: August 10, 2022 at 2:11:09 PM EDT
To: Rreee.bodnar@nc.denr.Rov
Subject: New project build on Sudie Payne rd Rodanthe
Hello Mr. Bodnar,
I would like my comment to be added to stop this project that would fill some Marshland and threaten
more flooding in our area.
Rodanthe ocean front houses are falling into the ocean, this will not be an exception in the not so long
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
John Thompson II
Dear Mr. Thompson,
NORTH CAROLINA
Environmental Quality
October 28, 2022
sent by email to psvchbrdrahotmail.com
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: Ids://deg.nc.gov/about/divisions/coastal-
management/coastal-mana eg ment-permits/variances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. og ebelnancdem.eov
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
�DWQ
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Friday, October 28, 2022 2:25 PM
To:
John Thompson II
Cc:
Goebel, Christine A; Renaldi, Ronald
Subject:
Notification of Permit Issuance
Attachments:
118-22 Hatteras Is. Homes et al..pdf, Thompson (Hatteras Is Homes).pdf
Tracking:
Recipient Delivery
John Thompson II
Goebel, Christine A Delivered: 10/28/2022 2:25 PM
Renaldi, Ronald Delivered: 10/28/2022 2:25 PM
Afternoon,
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Greag.Bodnar@Dncdenr.gov
Find a Field Rep (arcgis.com)
NORTH CAROLINAMEQ7, ,
Department of Envimnmental eualNwe�
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From: postmaster@outlook.com
To: John Thompson II
Sent: Friday, October 28, 2022 2:25 PM
Subject: Delivered: Notification of Permit Issuance
Your message has been delivered to the following recipients:
John Thompson II (psychbrdrCalhotmail.com)
Subject: Notification of Permit Issuance
From: John Thomason II
To: Bodnar. Greaa
Subject: Re: [External] 23270 Midgets Mobile Comments
Date: Thursday, August 11, 2022 10:12:14 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
To emphasize the point about the drainage, I have attached 3 pictures of how full the marsh
can get after rain. This is from Feb 24, 2021 after a heavy rain. The picture with the bridge
happens to be looking towards where the proposed fill will take place.
• r., r . rI
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Thursday, August 11, 2022 7:59:12 AM
To: John Thompson II <psychbrdr@hotmail.com>
Subject: RE: [External] 23270 Midgets Mobile Comments
Mr. Thompson,
I am confirming receipt of your email, which will be added to the permit file and considered during
our review.
Thank you,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@ncden r.eov
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: John Thompson II <psychbrdr@hotmail.com>
Sent: Wednesday, August 10, 2022 6:42 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: [External] 23270 Midgets Mobile Comments
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
t to Report Soam.
1
Hello,
I am writing to comment on the permit application for 23270 Midgets Mobile ct, Rodanthe NC
27968.
The permit to fill in the wetlands should be DENIED. Should constitution be able to go forward, the
structure should be moved forward, to the beach side of the property and the walkway shortened.
UNDER NO CIRCUMSTANCES should a permit to fill in any of the wetlands north of Dean Street ever
be issued.
The north drain is where all rain water drains in Rodanthe. The north drain no longer connects to the
sound and so the wetlands are the only buffer to absorb excess rain for north Rodanthe. We already
have issues with flooding with the wetlands in their current state. Permitting anyone to fill in the
wetlands will only exacerbate the problem. Please let the needs of the town and community
outweigh the desires of a property developer and deny any request to fill in the wetlands.
Thank you,
John Thompson II
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Chandra Rutledge
Dear Ms. Rutledge,
NORTH CAROLINA
Environmental Qua@ly
October 28, 2022
sent by email to queenofwaves@yahoo.com
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: httns://deg.nc.gov/about/divisions/coastal-
manaeement/coastal-mans eg ment-permits/variances-anneals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. oebel ,ncdenr.gov
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
2528082808
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Friday, October 28, 2022 2:25 PM
To:
queenofwaves@yahoo.com
Cc:
Goebel, Christine A, Renaldi, Ronald
Subject:
Notification of Permit Issuance
Attachments:
Tracking:
Afternoon,
118-22 Hatteras Is. Homes et al..pdf,, Rutledge (Hatteras Is Homes).pdf
Recipient
queenofwaves@yahoo.com
Goebel, Christine A
Renaldi, Ronald
Read
Read: 10/28/2022 2:26 PM
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg.Bodnar@ ncdenr.gov
NORTH CAROLINAD_ E Qz:>
Dcparlment of Enulronmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
11
Bodnar, Gregg
From: Microsoft Outlook
To: queenofwaves@yahoo.com
Sent: Friday, October 28, 2022 2:25 PM
Subject: Relayed: Notification of Permit Issuance
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
queenofwaves(a ahoo.com (aueenofwaves(alyahoo.com)
Subject: Notification of Permit Issuance
M
Notification of
Permit Issuanc...
Bodnar, Gregg
From:
Davis, Braxton C
Sent:
Wednesday, August 10, 2022 10:45 AM
To:
Chandra Rutledge
Cc:
Bodnar, Gregg
Subject:
RE: [External] Midgett Mobile WETLANDS
Ms. Rutledge, I am confirming receipt of your email, which will be added to the permit file and considered during our
review.
Braxton Davis, Director
North Carolina Division of Coastal Management
NC Department of Environmental Quality
400 Commerce Avenue
Morehead City, NC 28557
252-515-5411
From: Chandra Rutledge <queenofwaves@yahoo.com>
Sent: Wednesday, August 10, 2022 9:15 AM
To: Davis, Braxton C <Braxton.Davis@NCDENR.Gov>
Subject: [External] Midgett Mobile WETLANDS
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good Day,
It appears that there is a permit at Midgett Mobile in Rodanthe, NC.
The permit is to fill in the natural, existing, wetlands in order to build yet another rental home. The owner of the land
has been trying to do this for years. This is not a good choice for our island for many reasons. Please reject this. Is it
common practice to fill in wetlands in a National Park area? With so many concerns about our natural habits for sea
faring creatures, birds, turtle's, I feel this is not in the best interest of our coastal area. One thing we have plenty of
here is homes for weekly rental. Destroying a natural habitat to make way for another swimming pool is counter
productive, at best.
Please do not allow such to happen.
Sincerely,
Chandra Rutledge
252-305-5552
Sent from Yahoo Mail on Android
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Jamie Presgrave (Mundy)
PO Box 374
Rodanthe, NC 27968
Dear Jamie Presgrave (Mundy),
NORTH CAROLINA
Environmental Quality
October 28, 2022
sent by email to jamiem_cmt@yahoo.com
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: hhtt s://dea.nc.p-ov/about/divisions/coastal-
management/coastal-mana eg ment-permits/variances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. og ebelAncdenngov
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
2SZ8082808
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Friday, October 28, 2022 2:25 PM
To: jamiem_cmt@yahoo.com
Cc: Goebel, Christine A, Renaldi, Ronald
Subject: Notice of Permit Issuance
Attachments: 118-22 Hatteras Is. Homes et al..pdf, Presgrave (Mundy) (Hatteras Is Homes).pdf
Tracking: Recipient Delivery
jamiem-cmt@yahoo.com
Goebel, Christine A Delivered: 10/28/2022 2:25 PM
Renaldi, Ronald Delivered: 10/28/2022 2:25 PM
Afternoon,
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg. Bodnar@ ncden r.gov
Find a Field Rep (arcgis.com)
RTH CAROLINAMEQ-
NODepartmentorEnvironmentalDualiry f
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Bodnar, "Gregg
From:
Microsoft Outlook
To:
jamiem_cmt@yahoo.com
Sent:
Friday, October 28, 2022 2:25 PM
Subject:
Relayed: Notice of Permit Issuance
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
iamiem cmt@vahoo.com (jamiem cmtCalyahoo.comj
Subject: Notice of Permit Issuance
Notice of Permit
Issuance
Bodnar, Gregg
From:
Davis, Braxton C
Sent:
Thursday, August 11, 2022 11:21 AM
To:
Jamie Mundy
Cc:
Bodnar, Gregg
Subject:
RE: [External] 23270 and 23244 Midgets Mobile Ct
Attachments:
Letter to Braxton Davis.doa
Thank you — I am confirming receipt of your attached letter, which will be included in the permit file and considered
during our review.
:sssr*rrsrasa*s***s*essesss«►.+>..+++■:
Braxton Davis, Director
North Carolina Division of Coastal Management
NC Department of Environmental Quality
400 Commerce Avenue
Morehead City, NC 28557
252-515-5411
From: Jamie Mundy <jamiem_cmt@yahoo.com>
Sent: Wednesday, August 10, 2022 1:35 PM
To: Davis, Braxton C <Braxton.Davis@NCDENR.Gov>
Subject: Re: [External] 23270 and 23244 Midgets Mobile Ct
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
My apologies, you should recieve it in this email. It very well could have been my fault in not attaching it this morning. My
mind was still waking up.
Jamie Mundy LMBT 11207
On Wednesday, August 10, 2022 at 10:46:23 AM EDT, Davis, Braxton C <braxton.davisnncdenr.aov> wrote:
Thanks for your email... it appears that the letter you tried to attach did not come through, can you please resend?
fflfifflff1ff111ffRN1f1f11ffff 1ff11fif
Braxton Davis, Director
North Carolina Division of Coastal Management
NC Department of Environmental Quality
400 Commerce Avenue
I
Morehead City, NC 28557
252-515-5411
From: Jamie Mundy <iamiem cmt(a)vahoo.com>
Sent: Wednesday, August 10, 2022 9:33 AM
To: Davis, Braxton C <Braxton. Davis(a)NCDEN R. Gov>
Subject: [External] 23270 and 23244 Midgets Mobile Ct
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
Hello I am writing to you about the proposed fill and build of the property in the subject line. I have attached a letter and
hopes that is finds you in time. I know it is last minute but my reason for that is in the letter. Please know I sent this as
soon as I felt I had all the necessary information for an educated comment.
Jamie Mundy LMBT 11207
Jamie Presgrave
PO Box 374
Rodanthe, NC 27968
252-423-1730
August 101^ 2022
Braxton Davis
Director DCM
400 Commerce Avenue
Morehead City, NC 28557
Dear Mr. Davis
My name is Jamie Presgrave and I am writing to express some concerns about the proposed fill
at 23270 and 23244 Midgetts Mobile Ct. Rodanthe NC 27968. This is for a single family 5000 sqft
dwelling with gaezebo, walkway, pool, and large deck.
I am a full time resident at 26209 Monitor Ln Salvo. While I do not live extremely close to the
wetlands in question I have fear that it will exacerbate an already on going problem in that area. There
are numerous full time residents in that area who deal with flooding throughout the year and this
wetland is extremely important for drainage.
The second issue is the tiny one way bridge that crosses over a ditch that enters into the
wetland and homes at the dune line. This bridge is small and while strong cannot fit any emergency
vehicles. If it cannot fit an ambulance and fire apparatus how is it to fit all the necessary equipment to
build this home? If that needs to be enforced, widened, or removed in some way this will undoubtably
fall upon the county.
My final issue is with how the notice was placed. I do not know whose responsible for placing
this public comment signs but this was placed on the back of a real estate sign facing away from the
highway. This means you could only see it if on that road coming from the beach. I had no idea this was
even proposed until the day before commenting was supposed to end. We do not get paper delivery
here on the island so that never made it to residents either. There was a big ball drop and I hope that it
doesn't negatively affect those living full time around this marsh area. They deserve to have confidence
in their dwellings ability to withstand large rain amounts.
Thank you for taking the time to read this letter. If there is anything else I can do to share my
voice please let me know. I look forward to hearing the final permitting decision. Have a wonderful day.
Regards,
Jamie Presgrave
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Dear Ms. Arnold,
NORTH CAROLINA
Environmental Quality
October 28, 2022
sent by email to baileyzmomz@gmail.com
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. I I3A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: htt )s://deli.nc.gov/about/divisions/coastal-
management/coastal-management-permits/vanances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. og ebel(d)mcdenr.Rov
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252808.2808
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Friday, October 28, 2022 2:25 PM
To:
'baileyzmomz@gmail.com'
Cc:
Goebel, Christine A; Renaldi, Ronald
Subject:
Notice of Permit Issuance
Attachments:
118-22 Hatteras Is. Homes et al..pdf, Arnold (Hatteras Is Homes).pdf
Afternoon,
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G reea. Bod na r@ ncde n r.eov
c 'f
Find a Field Rep (armis.com)
NORTH CAROLINADKQ -
Department of Environmental Qualtry
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From:
Microsoft Outlook
To:
baileyzmomz@gmail.com
Sent:
Friday, October 28, 2022 2:25 PM
Subject:
Relayed: Notice of Permit Issuance
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
baileyzmomz@gmaii.com (baileyzmomz(@cimail.com)
Subject: Notice of Permit Issuance
Notice of Permit
Issuance
Bodnar, Gregg
From: Davis, Braxton C
Sent: Wednesday, August 10, 2022 8:36 AM
To: robin w
Cc: Bodnar, Gregg
Subject: RE: [External] Responding to: 23270 and 23244 Midgetts Mobile Court, Rodanthe, NC
27968
Ms. Arnold, I am confirming receipt of your email, which will be added to the permit file and considered during our
review.
Thank you,
Braxton
#######################################
Braxton Davis, Director
North Carolina Division of Coastal Management
NC Department of Environmental Quality
400 Commerce Avenue
Morehead City, NC 28557
252-515-5411
From: robin w <baileyzmomz@gmail.com>
Sent: Tuesday, August 9, 2022 11:56 AM
To: Davis, Braxton C <Braxton.Davis@NCDENR.Gov>
Subject: [External] Responding to: 23270 and 23244 Midgetts Mobile Court, Rodanthe, NC 27968
CAUTION: External email. Do not click links or open attachments unless you verity. Send all suspicious email as an attachment to
Report Spam.
Good Morning, Mr. Davis. I am Robin Arnold, a neighbor to the area up for comments to be considered for a CAMA
permit allowing a filing of the surrounding wetland area to complete the project.
Mr. Davis, in the aerial visuals of the surrounding wetlands, you can see evidence of how flood water overflow is
dispersed throughout the accommodating wetlands, which maintains water levels of the existing properties in that
area. The proposed building and additional structures requiring wetland fill to the capacity suggested, would without a
doubt, directly compromise the creek and the properties of the land and building owners that surround this parcel, if the
wetlands were filled to meet the needs of the development. The structure suggested is too large to accommodate the
demands of that strip of land to filter stormwater and water overflow from the creek which manages and prevents
detrimental flood damage to the existing properties. With the addition of the Jug -handle bridge creating a change of
maintenance -on the Mirlo Beach area, new shifts of shoreline are absolutely expected and would greatly affect the
beach from Mirlo Beach to the Rodanthe Pier. Although the proposal has a reduction of a few hundred square feet of
wetlands being affected, if you live in this area, you would know and see the way the wetlands protect this area from
irreversible or costly flood water damage to the already existing properties. This strip of land cannot support the
proposed home to be rectified on that land. The wetlands are a crucial component of storm surge and flood waters
and any filling that would be over approximately 2000 square feet would greatly impair neighboring homeowners and I
would predict a CAMA permit allowing the amount of fill proposed with homeowners aware of the debated action,
would result in lawsuits that would be more costly than a larger compromise on the part of the possible buyer. Thank
you, immensely, for your time in reading this and considering, at all costs, the well being of the community. I am
grateful for your expertise in the field and am hoping for the best outcome.
With Great Admiration and Respect,
Robin Arnold
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Ryan Gentry
Dear Mr. Gentry,
NORTH CAROLINA
Envlronawmial Quality
October 28, 2022
sent by email to ryan.g.gentry@gmail.com
P/44i tiiiiiii,
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 1118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
DCM is aware of concerns about whether the applicant has legal rights to use Midgett Mobile
Court to access the property and whether those rights encompass access for the proposed
development. DCM and the CRC have consistently taken the position that such property rights
questions such as whether there is an easement and if the language of the easement allows the
use for the permitted development, are not within the jurisdiction of DCM, the CRC or the Office
of Administrative Hearing's authority to make determinations about. Instead, such property
rights determinations are more properly brought in the general courts of justice such as Superior
Court. This is noted in Condition No.14 on the permit.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: httos://deg.nc.izov/about/divisions/coastal-
manaeement/coastal-management-permits/variances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. og ebel@ncdenn ov
Sincerely,
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Friday, October 28, 2022 2:25 PM
To:
'Ryan Gentry'
Cc:
Goebel, Christine A, Renaldi, Ronald
Subject:
Notification of Permit Issuance
Attachments:
118-22 Hatteras Is. Homes et al..pdf, Gentry (Hatteras Is Homes).pdf
Tracking: Recipient Delivery
'Ryan Gentry'
Goebel, Christine A Delivered: 10/28/2022 2:25 PM
Renaldi, Ronald Delivered: 10/28/2022 2:25 PM
Afternoon,
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@Dncdenr.gov
Find a Field ReD (armis.com)
NORTH CAROLINAD_E Q
Department of Enaimnmental quality f
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
jgLD------7
m
_ �
Gregg Bodnar
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
Bodnar, Gregg
From: Microsoft Outlook
To: Ryan Gentry
Sent: Friday, October 28, 2022 2:25 PM
Subject: Relayed: Notification of Permit Issuance
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
Ryan Gentry (ryan.a.gentrvCalamail.com)
Subject: Notification of Permit Issuance
Notification of
Permit Issuanc...
40, t
Bodnar, Gregg
From: Bodnar, Gregg
Sent Monday, August 22, 2022 9:13 AM
To: Ryan Gentry
Subject: RE: [External] Midgett Mobile - Rodanthe
Morning Mr. Gentry,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg. Bod nar@ncdenr.gov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
----Original Message -----
From: Ryan Gentry <ryan.g.gentry@gmail.com>
Sent: Thursday, August 18, 2022 10:52 AM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: [External] Midgett Mobile - Rodanthe
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.<mailto:report.spam@nc.gov>
Mr. Bodnar,
My name is Ryan Gentry, CWO4, USCG. I'm a 12 generation native and owner of multiple properties in Rodanthe. I
object to the proposed construction on the south side of Midgett Mobile Rd in Rodanthe. My grandfather Valton
Midgett created Midgett Mobile Park and my great grandfather William Jennings Midgett owned all property to the
north of this proposed project, including Midget Mobile Rd itself. There are two major problems with this development
request:
First, the property owner has no legal right to the use of Midget Mobile Rd. Midgett Mobile Rd is a private access
created along the souther boarder of William Midgett's property solely to gain access to the totality of his land. The
40L
adjacent property to the south was never involved or grated use of this road. The only adjacent property to the southern
ever granted access is the oceanfront lot and it was a limited use given solely to build and access their home in the 90s.
No other lot to the south has ever been given access. My uncle Paul Outten (widower of Tina Midgett Outten) is the
majority property owner on Midgett Mobile Rd and he has not grated access. Without Midgett Mobile access the
proposed property is too narrow to access from Hwy 12 due to a burrow pit.
Second, a majority of the vacant property adjacent to Midgett Mobile containslarge amounts of wetlands which are
vital to sustaining wildlife and providing drainage for already developed adjacent properties.
Best regards,
Ryan Gentry
ctn0
n,.
r r
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Jason Heilig
Dear Mr. Heilig,
NORTH CAROLINA
Environmental Quality
October 28, 2022
sent by email to rodanthesurfshop@gmail.com
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
DCM is aware of concerns about whether the applicant has legal rights to use Midgett Mobile
Court to access the property and whether those rights encompass access for the proposed
development. DCM and the CRC have consistently taken the position that such property rights
questions such as whether there is an easement and if the language of the easement allows the
use for the permitted development, are not within the jurisdiction of DCM, the CRC or the Office
of Administrative Hearing's authority to make determinations about. Instead, such property
rights determinations are more properly brought in the general courts of justice such as Superior
Court. This is noted in Condition No. 14 on the permit.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: b=s:Hdeg.nc.gov/about/divisions/coastal-
management/coastal-management-permits/variances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. og ebelgricdenr.gov
T11,a;._DEQ�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.8082808
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Friday, October 28, 2022 2:25 PM
To:
'Jason Heilig'
Cc:
Goebel, Christine A; Renaldi, Ronald
Subject:
Notification of Permit Issuance
Attachments:
118-22 Hatteras Is. Homes et al..pdf, Heilig (Hatteras Is Homes).pdf
Tracking:
Recipient Delivery
'Jason Heilig'
Goebel, Christine A Delivered: 10/28/2022 2:25 PM
Renaldi, Ronald Delivered: 10/28/2022 2:25 PM
Afternoon,
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G reee.Bodnar@ ncdenr.eov
Find a Field Rep (armis.com)
40RTHCAR0UNAD_ E Q7,
Department of Environmental Dual;
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Sincerely,
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
Gregg Bodnar
Assistant Major Permits Coordinator
DEQ�
COI y,�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
2528082808
Bodnar, Gregg
From: Microsoft Outlook
To: Jason Heilig
Sent: Friday, October 28, 2022 2:25 PM
Subject: Relayed: Notification of Permit Issuance
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
Jason Heilia (rodanthesurfshoo(Tlgmail.com)
Subject: Notification of Permit Issuance
Notification of
Permit Issuanc...
.4:
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Monday, August 22, 2022 9:16 AM
To: Jason Heilig
Subject: RE: [External] Fwd: Midgett Mobile
Morning Mr. Heilig,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@ncdenr.gov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jason Heilig <rodanthesurfshop@gmail.com>
Sent: Thursday, August 18, 2022 11:13 AM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: [External] Fwd: Midgett Mobile
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sent from my iPad
Begin forwarded message:
From: Jason Heilig <rodanthesurfshop@amail.com>
Date: August 18, 2022 at 11:09:42 AM EDT
To: Gregg.bodnar@ncdenr.gov
Subject: Midgett Mobile
`.L .
To Whom It May Concern:
I would like to document a concern about the development of wetland property on Midgett Mobile in
the village Rodanthe on Hatteras Island. The majority of the property on this particular street has been
in the Midgett for more than two centuries. The current owner of Midgett Mobile trailer park and
majority property owner on the street is Paul Outten, husband of the deceased Tina Midgett Outten,
who was daughter of Lovie and Valton Midgett, which you will clearly see on the property's history and
records. While we are indeed sensitive to the development wetlands with especially little land
availability on Hatteras Island, the greater concern is the right of way access to the proposed
development. It is not a state maintained road; it is a private road maintained by the residents. The
beach front properties would not have access to their homes if it had not been previously granted by
Elma June Midgett. I am disturbed by the blatant disregard for the Midgett family who have been living
on the land for generations and operating a business there for decades. If Paul Outten and his three
children are opposed to this development on their family owned street where they operate two family
owned businesses, then I am absolutely opposed to this development. It would clearly indicate that
money has supreme power over the natural habitat, wildlife, and most importantly, the
multigenerational inhabitants of the land whose heritage is being compromised for profit.
Thank you for your consideration,
Lovie Heilig
Sent from my iPad
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
John Griffin
Dear Mr. Griffin,
NORTH CAROLINA
Environmental Quality
October 28, 2022
sent by email to griffijt@embargmail.com
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: hUs://deg.nc.gov/about/divisions/coastal-
management/coastal-management-permits/variances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. op ebelna.ncderingov
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
252.808.2808
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Friday, October 28, 2022 2:25 PM
To: 'griffijt@embargmail.com'
Cc: Goebel, Christine A; Renaldi, Ronald
Subject: Notice of Permit Issuance
Attachments: 118-22 Hatteras Is. Homes et al..pdf; Griffin (Hatteras Is Homes).pdf
Tracking: Recipient Delivery
'griffijt@emba rgma il.com'
Goebel, Christine A Delivered: 10/28/2022 2:26 PM
Renaldi, Ronald Delivered: 10/28/2022 2:26 PM
Afternoon,
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg.Bodnar@ ncdenr.gov
Find a Field Rep (arcgis.com)
NORi}i CAROLINAD_ E Q7, //
Department of Environmental Duality !�
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From:
Microsoft Outlook
To:
griffijt@embarqmail.com
Sent:
Friday, October 28, 2022 2:26 PM
Subject:
Relayed: Notice of Permit Issuance
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
oriffijt(@embargmail.com (oriffiit0embaramail.com)
Subject: Notice of Permit Issuance
Notice of Permit
Issuance
Bodnar, Gregg
From:
Davis, Braxton C
Sent:
Thursday, August 11, 2022 11:19 AM
To:
John Griffin
Cc:
Bodnar, Gregg
Subject:
RE: [External] No Wetland No food
Mr. Griffin, I'm confirming receipt of your email, which will be included in the permit file and considered during our
review.
Braxton
Braxton Davis, Director
North Carolina Division of Coastal Management
NC Department of Environmental Quality
400 Commerce Avenue
Morehead City, NC 28557
252-515-5411
From: John Griffin <griffijt@embarqmail.com>
Sent: Wednesday, August 10, 2022 5:19 PM
To: Davis, Braxton C <Braxton. Davis@ NCDEN R.Gov>
Subject: [External] No Wetland No food
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Please don't allow 8 bedroom/8 bath "single family dwellings" (ridiculous!) fill in wetlands anywhere on Hatteras Island.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
Paul Outten
PO Box 736
Rodanthe, NC 27968
Dear Mr. Outten,
NORTH CAROLINA
Environmental Quality
October 28, 2022
sent by email to poutten246@gmail.com
F/4F
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
DCM is aware of concerns about whether the applicant has legal rights to use Midgett Mobile
Court to access the property and whether those rights encompass access for the proposed
development. DCM and the CRC have consistently taken the position that such property rights
questions such as whether there is an easement and if the language of the easement allows the
use for the permitted development, are not within the jurisdiction of DCM, the CRC or the Office
of Administrative Hearing's authority to make determinations about. Instead, such property
rights determinations are more properly brought in the general courts of justice such as Superior
Court. This is noted in Condition No. 14 on the permit.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: httos://deq.nc.gov/about/divisions/coastal-
management/coastal-manor eg ment-permits/variances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. og ebel@ncdenr.gov
Sincerely,
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City office 1 400 Commerce Avenue 1 Moorehead City, North Carolina 28557
252.808.2808
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Friday, October 28, 2022 2:25 PM
To:
'Paul Outten'
Cc:
Goebel, Christine A, Renaldi, Ronald
Subject:
Notice of Permit Issuance
Attachments:
118-22 Hatteras Is. Homes et al..pdf, Outten (Hatteras Is Homes).pdf
Tracking: Recipient Delivery
'Paul Outten'
Goebel, Christine A Delivered: 10/28/2022 2:25 PM
Renaldi, Ronald Delivered: 10/28/2022 2:25 PM
Afternoon,
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar(he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Greee.Bodnar@ncdenr.eov
Find a Field Rep (arwis.com)
NORTH CAROLINADKQ -
Department of Environmental Dual;[
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From:
Microsoft Outlook
To:
Paul Outten
Sent:
Friday, October 28, 2022 2:25 PM
Subject:
Relayed: Notice of Permit Issuance
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
Paul Outten (poutten246(agmail.com)
Subject: Notice of Permit Issuance
Notice of Permit
Issuance
4
Bodnar, Gregg
From: Luck, Cameron A
Sent: Friday, August 19, 2022 10:56 AM
To: Paul Outten
Cc: Bodnar, Gregg
Subject: RE: [External] Project on Midgetts Mobile Court Rodanthe NC
Received. These comments will be included with the permit application.
Thanks,
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5419 - office
Cameron. Luck(ancdenr.aov
D Q�
400 Commerce Avenue
Morehead City, NC 28557
hftg)://portal.ncdenr.org/web/cnVdcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Paul Outten <poutten246@gmail.com>
Sent: Friday, August 19, 2022 10:55 AM
To: Luck, Cameron A <Cameron.Luck@ncdenr.gov>
Subject: [External] Project on Midgetts Mobile Court Rodanthe NC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good Morning —
I am forwarding a copy of the comments I submitted to Mr. Bodnar —
I am also including a couple of more items —
Dear Mr. Bodnar,
I have issues with the proposed construction of what I deem to be a mini motel disguised as a rental cottage.
1. Safety aspect —they are requesting 10 parking spaces —rough estimate equates up to approximately 40 person
occupancy— the infrastructure of the area (road) and emergency response personnel I do not believe are
capable of supporting such an endeavor.
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Monday, August 22, 2022 9:17 AM
To:
'Paul Outten'
Subject:
RE: [External] Proposed Project on Midgetts Mobile Court Rodanthe NC
Morning Mr. Outten,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G reeR. Bod na r@ ncd e n r.gov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Paul Outten <poutten246@gmail.com>
Sent: Thursday, August 18, 2022 12:05 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: [External] Proposed Project on Midgetts Mobile Court Rodanthe NC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Dear Mr. Bodnar,
I have issues with the proposed construction of what I deem to be a mini motel disguised as a rental cottage.
1. Safety aspect —they are requesting 10 parking spaces— rough estimate equates up to approximately 40 person
occupancy — the infrastructure of the area (road) and emergency response personnel I do not believe are
capable of supporting such an endeavor.
2. 1 own Midgetts Mobile Court Trailer park —Studying the proposal —I can see where the proposed project carries
the risk of increasing the flooding we already experience whenever there is a storm. Additionally, that section of
the right of way is basically at wetland level.
3. Any breaks,in the approximate 100 foot piping system would cause environmental damage to the wetlands and
pose a biological hazard to persons.
4. 1 am also questioning their access and plot addresses— I realize that they were sold 'access' to the right of way —
but I do not believe the crossing of the 2 foot buffer granted to the property owners on the North side of the
right of way.
Please keep me informed
Sincerely
Paul Outten
(252)489-7093
23225 Midgetts Mobile Court
P O Box 736
Rodanthe,NC 27968-0736
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
D_EW
Gregg Bodnar
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead Cfty Office 1 400 Commerce Avenue i Moorehead City, North Carolina 28557
252.808.2808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dfrectur
Elaine Hooper
Dear Ms. Hooper,
NORTH CAROLINA
Environmental QualBy
October 28, 2022
sent by email to k.elaine.hooper@gmail.com
P/4F
This letter is intended to notify you of the issuance of a CAMA Major Permit No. 118-22 for
proposed development by Hatteras Island Homes LLC., located at 23244 and 23270 Midgetts
Mobile Court, in Rodanthe, Dare County. The authorized project consists of the construction of
a single family residence, deck, pool, driveway and associated infrastructure, and a beach
accessway with gazebo. The proposed project has been determined to comply with the Rules of
the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit modification for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Parry
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: h_ptts://dea.nc.gov/about/divisions/coastal-
management/coastal-management-pgrmits/variances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine.goebelna ncdenr.gov
CC: DCM Elizabeth City, via email
DEQ Asst. GC Christine Goebel, via email
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
rD_E
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252808.2808
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Friday, October 28, 2022 2:25 PM
To: X Elaine Hooper'
Cc: Goebel, Christine A; Renaldi, Ronald
Subject: Notice of Permit Issuance
Attachments: 118-22 Hatteras Is. Homes et al..pdf, Hooper (Hatteras Is Homes).pdf
Tracking: Recipient Delivery
'K Elaine Hooper
Goebel, Christine A Delivered: 10/28/2022 2:25 PM
Renaldi, Ronald Delivered: 10/28/2022 2:26 PM
Afternoon,
Please see above for notification of the permit issuance for Hatteras Island Homes, of which you submitted an objection
to the project.
Regards,
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@ncdenr.gov
Find a Field Rep (arcgis.com)
NORTH CAROLINAMEQ�-
Department of Environmental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From:
Microsoft Outlook
To:
K Elaine Hooper
Sent:
Friday, October 28, 2022 2:26 PM
Subject:
Relayed: Notice of Permit Issuance
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
K Elaine Hooper (k.elaine.hooper(clgmaii.com)
Subject: Notice of Permit Issuance
Notice of Permit
Issuance
From: Bodnar. Greoo
To: K Elaine H000er
Subject: RE: (External] Formal Objection to Development on Midgett Motule Ct, Rodanthe
Date: Thursday, August 11, 2022 10:21:00 AM
Mr. Thompson,
I am confirming receipt of your email, which will be added to the permit file and considered during our review
Thank you,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@ncdenr.gov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
----Original Message ----
From: K Elaine Hooper <k.elame.hooper@gmail.com>
Sent: Thursday, August 11, 2022 9:43 AM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: [External] Formal Objection to Development on Midgett Mobile Ct, Rodanthe
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:renort.sna_mna nc.eov>
Good morning, Mr. Bodnar,
My name is Elaine Hooper, and I am a resident of Salvo, just down the road from the proposed construction on
Midgett Mobile Ct in Rodanthe.
I would like to formally voice my opposition to this project. These wetlands are a vital habitat to much of our native
wildlife, from reptiles to birds to small mammals. In addition, this particular section of wetlands offers a degree of
flooding protection for a residential area on that street, which is already prone to flooding. Filling this area will
exacerbate that issue for existing properties.
Lastly, while this is beyond the scope of your office, the small wooden bridge that serves as the main access point
for this property is not wide enough for emergency vehicles to access, making the property inherently unsafe. Our
county does not seem to take emergency access and capabilities into account when issuing building permits, sadly.
I appreciate your time and consideration.
Sincerely,
Elaine Hooper
Sent from my iPhone
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Hatteras Island Homes, Inc.
PROJECTNAME: Midgetts Mobile House
COUNTY: Dare
LOCATION OF PROJECT: 23270 & 23244 Midgetts Mobile Court
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-24-22
FIELD RECOMMENDATION: Attached: No
To Be Forwarded: Yes
FIELD REPRESENTATIVE: Yvonne C, DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: Date -4/ 1 i j >-
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (6W40) N 111(D)
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 7-20-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 9-7-22
EMAIL OUT DATE: 7-15-22
PERMIT FINAL ACTION: ISSUE DENY
END OF NOTICE DATE: 8-9-22
DEED REC'D: Yes
I50 DAY DEADLINE: It (ZI
STATE DUE DATE: 8-5-22
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
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DMF - Shellfish Section
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DMF - Habitat & Enhancement
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IVE
JUL 15 2022
DCM-MHD CITY
ROY COOPER
Governor
ELIZABETHS. BISER
Soererary
BRAXTON DAMS
Director
MEMORANDUM
TO: Greg Bodnar, Assistant Major Permits Coordinator �E ,
Division of Coastal Management, Morehead City F ��
THROUGH: Ron Renaldi',' District Manager ( AUG 3 2022
Northeastern District,.Division of Coastal Management
FROM`. Yvonne Carver, Field Representative: I ^; A` 'J' MWID
DATE08102/2022,
SUBJECT: Recommendations for Hatteras Island Homes,, Inc.; Sam-Hagedon:and
Jamesf6rkovitch-
The applicants propose:to"fill 404 wetlands -to construct a 1,714 square -foot (sf)single-
family dwelling"with 4;980'square,feet of heatetl space. The location of .the project is
23270 and 23244, Midgetts Mobile Court in Rodanthe, Dare County, and 'isadjacent.the
Atlantic Ocean. Tie development.also includesthe constructiofi -a gravel'driveway, and
10 parking spaces, -open decking, a swlmriiing pool wit"h asoc'iated coping and decking,
a storage shed, and a beach,accessway with. a gazebo.
I have reviewed the Rules bUthe"Coastal -Resources Commission (CRC) as they.pertain-
to this project, and my findings'are'as follows:
15A NCAC 07H-.0306'GENERAL USE STANDARDS. FOR OCEANHAZARDAREAS
(a) In order to protect life and property,'all development nototherwise speclfically-
exempted=of allowed bylaw or'elsewhere inthe Coastal Resources Comrnission's`rules
shall belocatetl according to whichever of;the'following is applicable:
(1) The ocean hazard setback for development shall be.m'easured in'a landward
direction from the;vegetation line, the static vegetation line, or the measurement line,
whichever is'applicable.
(2) Ina' eas with a development' line, the ocean hazard setback shall be set in
accordance with Subparagraphs;(a)(3) through- (9) of this Rule. In no case shall' new
development be sited'seaward ofthe-development line:
(8) Inno case shall a`development line be created or established oti.state owned'
lands or oceanward of the mean high water line or perpetual property'easement line;
whichever is more restrictive.
w�EQ
North Carolina Department of Environmental Quality 1 Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909
2522b43901
Recommendations for Hatteras Island Homes, Inc.
August 2i 2022
Page 2
(4) The ocean hazard setback shall be determined by both the size of development
and the shoreline long term erosion rate, as defined in Rule .0304 ofihis Section.
Tevelopment size" is defined by total floor area for structures and buildings or total.
area of footprint for development other than structures and buildings. Totaifloor area
includes the following:
(A)The total square footage of heated or air-conditioned living space;
(B) The total square footage of parking elevated aboveground level;: and
(C) The total square footage of non -heated or non -air-conditioned areas.
elevated_ above ground level, excluding attic space that is not designed to be -load-
bearing.
Decks, roof -covered' porches, and walkways shall not.be included. in the total
floor area unless -they are enclosed with material other than screen mesh or are being
converted into an enclosed space with material other than screen mesh.
(5) With the exception. of thosetypes. of'development defined in, :15A NCAC 07H _
.0309,_ no development, :including :any portion of a -building or structure, shall extend
oceanward of the ocean hazard setback:. This includes roof overhangs and elevated
structural components that are cantilevered, knee braced, or otherwise extended
beyond the support of pilings or footings. The ocean hazard setback shall.be
establishedbased on the following criteria:
(A) A; buil'ding.orother structure less than,5,000 square, feet requires a
minimum setback of 60 feet or 30;times°the:shoreline erosion -rate..
whichever is greater.
(6) If a. primary' dune exists in the.Abt on or landward of the lot where the
development is proposed, the development, shall be landward of the crest of the ,primary
dune, the ocean hazard setback, or development line, whichever is farthest.from
vegetation. line, static vegetation line, or measurement'line, whichever is applicable. For
existing.lots, however, where,settingahe development landward of the crest of the
primary dune would,preclude.any practical use:of the lot, development may_be:located
oceanward of the primary dune. In such cases. -the development may be. located
landward of the ocean hazard setback, but shall not be located on or oceanward,of a
frontal.dune or,the development line. The words "existing lots" in this Rule shall.mean a
lot or tractof,land.that, as of June 1, 1979, is specifically described in a recorded plat
and cannot be enlarged by combining the lot or tract of land with a: contiguous lot or.
tract of land under the -same ownership.
Consistent: The C EA AEC is 960% with an -oceanfront erosion ratelsetback factor
of 10. The. minimum setback for this property is 300' and the development as
proposed meets the intent of these rules.
AUG 3 2022
PAP SECTION MH®
RECEIVED
Recommendations for Hatteras Island Homes, Inc. AUG 3 2022
August 2, 2022
Page '3
PAP SECTION MHD
(b) No development shall be -permitted that involves the removal,or relocation of
primary or frontal dune sand or vegetation thereon that would adversely affect the
integrity of the dune.: Other dunes within the ocean hazard area shall notbe"disturbed'
unless the development of the property'is otherwise impracticable. Any disturbance of
these other dunes shall be allowed only -to the extent permitted by 15A NCAC 07H
0308(b).
(c) Development shall not cause irreversible damage to historic architectural or
archaeological resources as documented by the local historic commission, the North
Carolina Department of Natural and Cultural Resources, or the National Historical:
Registry.
(d) Development, shall comply with -minimum, lot size and set back requirements
established by local regulations. (e) Mobile homes shall. not be placed within the high
hazard flood area unless,they are within mobile home parks existing "as of June 1, 1979.
(0 Development shall comply -with the general management objective` for ocean
hazard areas set forth. in 1'5A NCAC 07H .0303.
(g) Development shall not interfere with legal access to, or use of, public resources,
nor shall such development increase the risk of damage to public trustAreas.
(b) Development proposals shallincorporate measures to avoid:or minimize adverse
impacts of the project. These measures shall be implemented atthe_applicant's
expense and may include actions that: (1) minimize or avoid adverse impacts by -limiting
the magnitude'or degree of the action; .(2) restore the affected environment; or (3)
compensate'for the adverse impacts by replacing or providing•substitute resources:
(i) Prior to the issuance of any permitfor,development inthe ocean hazard AECs,
there shall be a -written acknowledgment from the applicant to the Division of Coastal
Management that the applicant"is aware of the risks associated with development in this
hazardous area and the limited suitability of this area for permanent structures. The
acknowledgement_shall state.that the Coastal Resources Commission does not
guarantee the safety of the development and assumes no liability for future damage to
the development.
0) All,relocation of structures shall require: permit approval. Structures relocated with
public funds shall comply with the applicable setback line and other applicable AEC
rules. Structures, including septicrtanks and other essential: accessories,_relocated'.
entirely with non-public funds shall be relocated the maximum, feasible. distance
landward' of the present location. Septic tanks shall not be located oceanward of the
primary structure. All relocation of structures shall meet all other applicable local and
state. rules.
(k) Permits shall include"the-condition that any structure shall be relocated or
dismantled when it -becomes imminently threatened by changes in shoreline
configuration as defined in 15A NCAC 07H .0308(p)(2)(B), Any such structure=shall be
relocated ,or dismantled -within two years of the time when it becomes imminently
threatened, and in any case upon its,collapse or subsidence. However, if natural
RECEIVED
Recommendations`for Hatteras Island, Homes, Inc.
August 2,.2022 Page;4 AUG 3 21122
shoreline recovery or beach fill takes place within two years of -the time the structure
becomes imminently threatened, so that the structure is no IongeCimminently
threatened, then it need not be relocated or dismantled at thattime. This permit
condition shaltnot;affect the.permit holder's rightto seek authorization of, temporary
protective measures allowed pursuant to 15A NCAC 07H .0308(a)(2);
Consistent: The<applicarits have'signed an Ocean Hazard AEC Notice. The:
proposal meets the intent;of these rules.---- - --• — •:-----•-.
15A NCAC 07H .0309 USE STANDARDS FOR. OCEAN HAZARb AREAS:
EXCEPTIONS
(a) The following types of development shall. be permitted seaward of the oceanfront,
setback requirements of Rule .0308(a) of this Section if all other provisions of'this
Subchapter and other state and local regulations are met: (1)campsites; (2) driveways
less; (6) uninhabitable;
of wood, clay, packed:;:
temporary.amusement
sand fences; and (9) s
Jn all cases, this deyelt
line or static veeetatior
not:
le -story storagesheds with
or gravel, and a footprint of
ds.consistentwith. Section
ping pools, .
of
200•square.feetor`less; (7),
1900 of fhis Subchapter; (8),
it is landward of the vegetation
zolves nolteration`or removal of
tegrity of the dune:as a.
lks tot protect any existing dunes;
back`requirements of this
Consistent: The development proposed seaward ofthe;oceanfront setback
include,gravel parking, a'200-sfstorage shed'with a wooden floor,. swimming
pool, decking,'b'eech accesswayand a gazebo.' All these structures aresited
landward of the:FLSNV. The proposal, meets the intenttofthese rules.
Based on my`review of thecapplicable:subsections of the NC Administrative,Code the
permit application, and plans submitted for Hatteras Island Homes I recommend a
Major Permit be issued to the applicant -for those items that are consistent with. the
Coastal' Resources Commission rules, and, subject to the standard permit conditions.
From: Gumon. Sharon
To: Bodnar, Greao
Subject: RE: CAMA Major: Hatteras Island Homes, Inc in Dare County
Date: Thursday, August 11, 2022 9:22:00 AM
Attachments: imaae002.Dna
0maae003.Dno
After review of the amendment — Shellfish Sanitation has "No Comments'.
Sharon Gupton
.Administrative Speciahst
Skel fish Sanitation & RecreationaCtiVater Quetty
Division ofWarine Fisheries
N.C.Department of EnvironmentaCQuaCity
252-8o8-8n8 office
252-726-6827
sharon;autito0Vncdenr.aov
P.O. Box 769
Morehead City, NC 28557
PC-
%3^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 unless the content is exempt by statute or other regulation.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Wednesday, August 3, 2022 4:13 PM
To: Godfrey, Ella M <EIIa.Godfrey@ncdenr.gov>; Noah Gillam <noah.gillam@darenc.com>; Owens,
Charlan <charlan.owens@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US)
<Josh.R.Pelletier@usace.army.mil>; Padrick, Lee <Ipadrick@commerce.nc.gov>; DCR -
Environmental _Review <Environmental.Review@ncdcr.gov>; Whitfield, Clif
<clif.whitfield@ncdenr.gov>; Harrison, James A <James. Harrison@ ncden r.gov>; Harris, David B
<davidharris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon
<sharon.gupton@ncdenr.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda
<wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Dumpor, Samir
<samir.dumpor@ncdenr.gov>; Thorpe, Roger <roger.thorpe@ncdenr.gov>; Tankard, Robert
<robert.tankard@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A
<Rod ney. Butler@ ncdcr.gov>
Cc: Carver, Yvonne <yvonne.carver@ncdenr.gov>
Subject: RE: CAMA Major: Hatteras Island Homes, Inc in Dare County
Afternoon all,
Please see above for updated documentation for the above project. In summary the grinder pump
was moved outside the 300ft development buffer to under the house to become consistent with
CRC rule. If the changes require updated comments please provide them as soon as possible.
Regards,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar ricdenr.gov
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Godfrey, Ella M <Ella GodfrevCZDncdenr.eov>
Sent: Friday, July 15, 2022 10:33 AM
To: Noah Gillam <noah.giIlam ZDdarenc.com>; Owens, Charlan <charlan owens(@ncdenr.gov>;
Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R Pelletier(@ usace.army.mil>; Padrick, Lee
<Ipadrlck(@commerce11LgQV>; DCR - Environmental_Review <Environmental Review anncdcr eov>;
Whitfield, Clif <clif.whitfield(a)ncdenr.eov>; Harrison, James A <JameS Harrison(�ncdenr.eov>; Harris,
David B <davidhardsPncdot.eov>; Jenkins, Shannon <shannon jenkins(@ncdenr.gov>; Gupton,
Sharon <sharon.guoton(@ncdenr.eov>; Moser, Mike <mike mosert@doa nc eov>; Hilliard, Wanda
<wanda hilliard(adoa.nc.eov>; Montalvo, Sheri A <sheri.montalvo anncdenr.eov>; Dumpor, Samir
<samir.dumporPncdenr.Qov>; Thorpe, Roger <roR r.t�horoe(@ncdenr.Fov>; Tankard, Robert
<robert tankard(ancdenr.Roy>; Dunn, Maria T. <maria Bunn @ncwildlife or2>; Butler, Rodney A
<RoRy Butler anncdcr.eov>
Subject: LAMA Major: Hatteras Island Homes, Inc in Dare County
Good morning,
Please accept this correspondence as the official distribution of a CAMA APPLICATION for the above
referenced proposal. In the above attachments you will find the standard forms and comment
sheet. As before, the comment sheet will provide the requested comment due date, DCM contact
information, etc.
This distribution email has a return receipt notification. Please accept the request, as we use that to
log receipt of the application.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 15, 2022
MEMORANDUM.,
NORTH CAROLINA
Environmental Qualfry
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
gregg.bod nar()n cdenr. eov
SUBJECT: CAMA Review
Applicant: Hatteras Island Homes, Inc.
Project Location: 23270 & 23244 Midgetts Mobile Court, Rodanthe in Dare County
Proposed Project: fill404 wetlands and construct a single-family residence with deck, parking,
swimming pool, storage shed, beach access walkway and gazebo
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 5, 2022. If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Christa Sanderford
AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality
DATE 7/19/2022 RECEIVED
J U L 2 0 2022
M D � North Carolina Department of Environmental Quality I Division Ff��c�a taf9a�QEili 1tiTAA''�yi1,,t ,A k10.. D
Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 279 9 9Frd f�i 6.9
257 2643901
Bodnar, Gregg
From: Whitfield, Clif
Sent: Friday, August 5, 2022 11:52 AM
To: Bodnar, Gregg
Subject: RE: CAMA Major. Hatteras Island Homes, Inc in Dare County
Gregg,
The Public Water Supply Section has no additional comments. Thanks.
Clif Whitfield, PG
Environmental Engineer
Division of Water Resources, Public Water Supply Section
Department of Environmental Quality
252-948-3893
clif.whitfield (cancdenr.aoy
943 Washington Square Mall
Washington, North Carolina 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Wednesday, August 3, 2022 4:13 PM
To: Godfrey, Ella M <EIIa.Godfrey@ncdenr.gov>; Noah Gillam <noah.gillam@darenc.com>; Owens, Charlan
<charlan.owens@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil>; Padrick, Lee
<Ipadrick@commerce.nc.gov>; DCR - Environmental_ Review <Environmental.Review@ncdcr.gov>; Whitfield, Clif
<clif.whitfield@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Harris, David B
<davidharris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon
<sharon.gupton@ncdenr.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>;
Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Thorpe, Roger
<roger.thorpe@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; Dunn, Maria T.
<maria.dunn@ncwildlife.org>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>
Cc: Carver, Yvonne <yvonne.carver@ncdenr.gov>
Subject: RE: CAMA Major: Hatteras Island Homes, Inc in Dare County
Afternoon all,
Please see above for updated documentation for the above project. In summary the grinder pump was moved outside
the 300ft development buffer to under the house to become consistent with CRC rule. If the changes require updated
comments please provide them as soon as possible.
Regards,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
P.m. codkrt.
COverntf
ti,z PrH. S. MSER
tary '
W 9TO14DAVIS
06etfar .
July I S., 2022
MEMORANDUM
NORTH LJEYiriinenien7utQgORA
FRO114Gregg Elodnar, Assistant Major Permits Coordinator
NCDEQ-.UiVisfonoiCoa6ta[Kienagomeht
400 Commerce Ave.,Morehead City, WC. 2 67
F,a:x,:. 262-24743.30 (Courier 044")
-pregg.bodridtOnc.--de
SUBJECT: CAMA. Review
Applicant. Hatteras.1sland Homes, Inc.
Project Location: 2397.0 & 23244 Midgetts Mobile Court, Rodanthe In Da.ro-Cou6ty
Proposed Project: fill 404watlands and consfteta.sInglawfamily residence.with dock, parking,
swimming pool, stofaille shotilk beadh4ccese WalkWay and gazebo
Please indicate beloW your agpngys-pasillonor viewpoint on the proposed project and'
millim this forth to We= Bodnarat the address above by, August-5, 2621 If you have any questions
regarding the. proposed project;: contact Yvonne Carver (262-264-3901-, ext. 237) When .1ppropriatei -in-
depth comments with supporting data is requested.
REPLY: Thit.agency has 66 objection to the project as proposed.
"Addition6ixornmenti may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are Incorporated. See attached.
This agencyobjects to the project for reasons described in the attached
comments.
PRINTNAME 01['F WYArd
AGENCY 5110glir &( eh
SIGNATURE
DATE: -74- w �1
RZE-CEIVED
J U L 1 9 2022
UP SPECTION MHD
DPWQNdrthGarollnaDepartmtnta ETWIronmentalQuAlty i pW1oT!ofCcak1plManq9eiyient,
E4qL1thCXV.9ftTM f401SOUthGifff[KSIteetS$tfltd3OO 1:01nbeifi6tyNdrthcamuna37469
Rm CCidpER
EU I WIM M
- . SAIS—
13RAXTON
birr,4�r
July 15,2022
MEMORAND
SUBJECT--
Applicant;
Proposad.Project:
Grells Bodnar, Assistant M. alor Permit's C.oordinator
NCPEQ -Division 1, ana-ame t, 4bD Commerce,AVc ;Morehead Clt:y- NC 28557
Fai: 63u gum
LAMA Opylew
Hatteras,island.Homes, -Inc.
'23270A-23244MIftette Mobile Court, ftdanthd: In Dare County
REPLY-. This agency I has no objedtiorftothe project as proposed,
,"Addifionbi comments may be attached" ' '
PRINT.- NAME
Lee Padrick
AGENCY
NC Commerce
SIGNATURE
LA
DATE
7-29-22
EEPP=k� 25ZZ643901
, eAfl -
RECEIVED
JUL 2 9 2022
MP SECTION MHD
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON:DAVIS
Director
July15, 2022,
MEMORANDUM:
NORTH CAROLINA
Environmental Qualify
FROM: Gregg Bodnar,, Assistant Major -Permits Coordinator
NCDEQ'- Division of Coastal Management
400 Commerce Ave., Morehead City, NC'28557
Fax: 262-247-3330 (Courfer04.18-33)
gregghndnaridncdeN•Eob
..SUBJECT: CAMA Review
Applicant Hatteras -,Island Homes, Inc.
Project Location: 232704 23244 Midgetts Mobile Court, Rodanthe in Dare County
Proposed Project: fill 404 wetlands and construct asingle-family residence with deck, parking,
swimming pool, storage shed; beach,access walkway and gazebo
Please indicate belowyour agency's position,or;viewpoint on,the;proposed project and
return this /orin to Greail Bodnar at the address above by August 5, 2022.; If,you.have any questions
regarding the proposed project', contact -Yvonne 'Carver •(252-264-3901, ext. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has -no objection to the project as proposed.
"Additional comments maybe attached"
This agency has no comment on the proposed project.
This agency approves -of the project only if the recommended changes
arelncorporated, See attached.
This:agency cbjectsto the project for reasons described in the attached
comments.
PRINT NAMEMttz-IMF
AGENCY'1"�t—lam C
SIGNATURE
DATE �-�-2e_
nwnryewy�
Rm
tECE EWE®
AUG 3 2022
North Carolina Department of Environmental quality I Division or Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 3001-Elizabeth Oty,Norlh Carolina27909
252-264.3901
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Banos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
August 22, 2022
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Gregg Bodnar grea¢.bodnar@ncdenr.gov
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Construct single family home, 23270 & 23244 Midgetts Court, Rodanthe,
Dare County, ER 22-1776
Dear Mr. Bodnar:
Thank you for your email of August 3, 2022, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
RECEEIVD
AUG 2 2 2022
MP SE&ION Mi HD
Location: 109 East Jones Stater, Raleigh NC 27601 Mailing Address: 4617 Mad Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898
Received: 7/19/2022
Historic Preservation Office
ROY COOPER'
Gowmor
ELIZABETHS. BISER
secretotj
BRAXTON DAVISDirector
July15,2022
MEMORANDUM:
ER 22-1776
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ.- Division of Coastal Management
400 Commerce Ave., Morehead' City, NC 28557'
Fax: 252-247-3330 (Courier 04-16-33)
gregghodnarOmdenngov.
SUBJECT: CAMA Review
Due: 7/27/2022
No comment -- DLB 7/19/2022
No comment -- NCH 7/26/2022
Applicant: Hatteras, Island Homes, Inc.
Project Location: 23270 & 23244 Midgetts Mobile Court, Rodanthe in Dare County
Proposed Project`. fill 404 wetlands and construct a single-family residence with deck, parking,.
swimming pool, storage shed, beach access walkway and gazebo
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 5, 2022. If you have any questions
regarding the proposed project, contactYvonne Carver (252 264-8901, ext. 237) when appropriate, in-
depth comments with supporting' data is;requested.
REPLY: This_agency has no objection to the project as proposed.
"Additional comments may be attached"
X This -agency has no comment on the proposed project.
This agency -approves of the project only if the•recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NA. ME Renee Gledhill -Earley
AGENCY NC Historic Preservation Office
SIGNATURE
DATE 8/1/120111 22
North Carolina Department ofEnvlronm
Elizabeth City Once 1401South Griffln
252.2643901
AUG 2 2022
M? SECTION MHD
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
September 13, 2022
u u�::►D Ju
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
TO: Gregg Bodnar gregg.bodnar(Qncdenr.gov
Division of Coastal Management
NC Department of Environmental Quality
FROM: Ramona M. Bartos, Deputy n,,,,+ State Historic Preservation Officer ,Cl� {uA^
SUBJECT: Construct single family home, 23270 & 23244 Midgetts Court, Rodanthe, Dare County,
ER 22-1776
Thank you for your email of August 30, 2022, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preseivation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or
environmental.reviewCc�f�,ncdcr.eov. In all future communication concerning this project, please cite the
above referenced tracking number.
Mz S l d 3 S
Location: 109 East Jones Street, Raleigh NC 27601 Mailivg Address: 4617 Mail Service Cenw,, Raleigh NC 276994617 Telephone/Fax: (919) 814-6570/8146898
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 15, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier04-16-33)
gr-eZg•bo d na rt@ ncdenr.gov
SUBJECT: CAMA Review
Applicant: Hatteras Island Homes, Inc.
Project Location: 23270 & 23244 Midgetts Mobile Court, Rodanthe in Dare County
Proposed Project: fill 404 wetlands and construct a single-family residence with deck, parking,
swimming pool, storage shed, beach access walkway and gazebo
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greqq Bodnar at the address above by August 5, 2022. If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
_ This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME James Harrison
' I VEE D
AGENCY
NCDMF
DATE
5 August 2022
W P SECT li� Nii HD
�Nm
QM North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City. Office l 401 South Griffin Street, Suite.300 1 Elizabeth Ctry North Carollna27909
rpwmrsngWn
252.2643901
ROY COOPER
Governor
Et.12 NBETH S. BISEK
Settetgry
BRAXTON DAVIS
dlreRor
JUIy 15, 2022
MEMORANDUM?
FROM: Gregg Bodnar; Assistant Major Permits Coordinator
NCDEQ w Division of Coastal Management
466 Commerce..Ave.,, More City, NC 28W
Fax:.252-247=3330 (Courier 04 1.6-33)
ring. bodnaridncd' 1r.g0v
SUBJECT` CAMA Review
Applicant: Hatteras_ Island Homes, Inc.
Project Location, 23270 & 23244,Midgetts Mobile Courti RodantheJn Dare County
Proposed Project: fill 404 wettands.and construct a single-family residencemith deck, parklnoi
swimming pool, storage shed, beach access walkway and gazebo
Please Indicate below your agency's -position or viewpoint an the proposed project.and
return this form to Grea4 Bodnar at the address above by August 5,.2022. If you have, any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901. ezt: 237) when appropdate,,)n-
depth comments with supporting data is.requested.
REPLY: This agency has no objection to the. project as proposed.
*'Additional comments may be.attaohed"
This agericy has no comment an the proposed project.
This agency approves of the project only If the recommended changes
are incorporated. See attached.
This agencyobject"s to the project for reasons described in the attached
.x
comments.
s�C
PRINTNAME spaEEEEI `V E
AGENCY
SIGNATUR AUG 5 2022
DATE
PVT eSEECTION RM D
NorthCarollm Deparmentof Environmental Qyality I Division of Coastal Management
��Ej.Q alzahethgtyoftloe 1 401 SouthGrff In Street, Suite 300 I Elizabeth City, North Carolina 27909
MM1r °a' �"ie 2SZ2643901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
nm � 9VEi3
MEMORANDUM
TO: Gregg Bodnar, Major Permits Processing Coordinator AUG 5 2022
Division of Coastal Management
FROM: Chbtlan Owen, ,, .- -NE Dlstact Plannei �ttb �
Division of_Coa tam Management
SUBJECT: Major Permit Request by Hatteras Homes, Inc. to construct an elevated single-
family house with a footprint of 1,714 sq. ft. and 1,558 sq. ft. of associated decking,
and install a 772 sq. ft. gravel driveway and parking area, a septic system, a 228
sq. ft. swimming pool, a 200 sq. ft. storage shed, and a 6 foot wide by 290 foot long
beach accessway with a 12 foot by 12 foot terminus gazebo and stairs at the
oceanfront shoreline; on the properties at 23270 and 23244 Midgetts Mobile Court,
in Rodanthe, Dare County.
DATE: August 4, 2022
Consistency Determination: The request is consistent with/not in conflict with the Dare
County 2009 Land Use Plan certified by the CRC on February
24, 2011.
Overview: The project area consists of two (2) abutting lots with approximately 70 feet of width
along the oceanfront shoreline. The undeveloped 1.02 acre property at 23270 Midgetts Mobile
Court includes the north drain drainage ditch along the western property line and the oceanfront
to the east. Vegetation includes sea oats on the dunes that transition to Section 404 wetland
plants. The property is accessed from Midgetts Mobile Court to the north. The property is located
within the VE(9), Shaded X, and AE (4) Floodzones. The 1.33 acre property at 23244 Midgetts
Mobile Court abuts the property at 23270 along the drainage ditch to the east and extends west
to NC Highway 12. Vegetation includes a small fringe of Section 404 wetland plants along the
eastern property line that transitions to upland grasses and some pine trees. A .43 acre fenced
borrow pit is located on the lot. The property is accessed from NC Highway 12 to the west and
from Midgetts Mobile Court to the north. The property is located within the AE(4) and Shaded X
Floodzones, with a small area located outside of the Floodzone.
CAMA Minor Permit #HI-33-2020 was issued in April of 2020 to allow a pile -supported single
family house to be constructed on the oceanfront lot at 23270 Midgetts Mobile Court. The house
was to be elevated a minimum of 10 feet above the Section 404 wetlands. The development did
not occur.
North Carolina Department of Environmental Quality l Division ofCoa;tal Management
DEQ� Elizabeth City Office 1401 South Criffin Street, Suite 300 I Elizabeth city. North Carolina 27909
��.. -252:2643901
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 6
Construction of an elevated single-family house with a footprint of 1,714 sq. ft. and 1,558 sq. ft.
of associated decking, and installation of a 772 sq. ft. gravel driveway and parking area, a septic
system, a 228 sq. ft. swimming pool, a 200 sq. ft. storage shed, and a 6 foot wide by 290 foot long
beach accessway with a 12 foot by 12 foot terminus gazebo and stairs are proposed.
The house will have a total heated space of 4,980 sq. ft. All improvements will be located on the
oceanfront property at 23270 Midgetts Mobile Court except for the wastewater system active lines
and repair area which will be located within an easement on the property at 23244 Midgetts Mobile
Court. The septic system will include a grinder pump station located on the oceanfront lot and a
2 inch wastewater force main connecting the grinder pump to the septic lines and repair area.
The force main will be installed underneath Section 404 wetlands using a directional horizontal
drill.
The waters of the Atlantic Ocean are classified as Coastal Waters and as Class SB waters and
are open to shellfish taking. A review of historic and/or archaeological resources was not
provided.
Anticipated Impacts resulting from this project are expected to include: the filling of 3,560 sq. ft.
of Section 404 wetlands within the Ocean Erodible Area of Environmental Concern (AEC), 2,912
sq. ft. of Ocean Erodible AEC on Highground, and 1,225 sq. ft. of Highground outside of an AEC;
the shading of 1,884 sq. ft. of Ocean Erodible AEC, and; the disturbance of 2,856 sq. ft. of Ocean
Erodible AEC.
The applicant has provided a letter from NCDEQ Division of Mitigation Services for non -riparian
wetland impacts equating to .10 acre.
Basis for Determination:
The Dare County Land Classification Map identifies the subject properties as "Transitional
Corridor". As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas
of Environmental Concern (AECs) and all federal lands except for the bombing ranges on the
Mainland and some state-owned lands in Frisco and Buxton.
As indicated on Page 217 for the "Conservation" designation, "...development should be limited
to residential development and traditional accessory uses permitted in the CAMA AECs such as
but not limited to piers, docks, and crab -shedders." The purpose of the "Conservation"
classification is to provide for the effective long-term management and protection of significant,
limited, or irreplaceable areas. Land disturbing activities should not occur unless in conjunction
with an authorized development. Authorized development should include provisions and
conditions that minimize impacts to any natural, cultural, historic, and scenic values of the areas
authorized for development. RECEIIJED
AUG 5 2022
D Q.,, North Carolina Dice-14entoutb Environmental Quality I'DiviyjW. eth6it! �aggingQR791 P,rihT!l.A
•7�� Elizabeth City Office 140ISouth GrlfM Street,SWte 3001 REilYY2ae[h �Ryd7�Por (al 9ral�inaN2G7"9909Ht5i3 t11iW
-2522643901
North Carolina Department of Environmental Quality
Division of Coastal Management
The following LUP policies may be applicable to this request:
Public Access:
Policy PA#1, Page 142.
"Dare County supports the preservation and protection of the public's right to
access and use of the public trust areas and waters."
Land Use Compatibility:
Coastal Heritage
Policy LUC#1, Page 149.
"Dare County recognizes the importance of our coastal village heritage and will
continue to work toward the preservation of that heritage with appropriate land
use guidelines and regulations."
Policy LUG #2, Page 149.
"Public sector and private sector development activities should recognize Dare
County's coastal heritage and incorporate traits reflective of our heritage in
building design and other site features and improvements."
Residential Development
Policy LUC #3, Page 152.
"Residential structures shall be the preferred land use in unincorporated Dare
County for both seasonal accommodations and permanent housing. All new
residential structures, whether attached or detached, are encouraged to be on a
scale that is consistent with existing neighborhood patterns of development."
Land Disturbance
Policy LUC #14, Page 159.
MEMORANDUM
Page 3 of 6
"Tree clearing and land disturbing activities on small residential lots or other
private property should be done prescriptively or according to the guidelines of
NC Cooperative Extension office or the UNC Coastal Studies Institute. The use
of fill material on private property, although not currently regulated by the Dare
County Zoning Ordinance, should be accomplished in a responsible mar{�i'� En
North Carolina Department of Environmental Quality I Division of Coastal ManaV.OT 5 2022
_ Elimbeth City office 1401 South Griffin Street, Suite 3001- Elizabeth City, North Carolina 27909
D v'�� 2522643901
North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 4 of 6
Archaeological/Historic Resources
Policy LUC#15, Page 159.
"The Dare County Board of Commissioners supports the protection of structures,
lands, and artifacts that have been identified by the NC Department of Cultural
Resources, Division of Archives and History, as archaeologically or historically
significant. On a case -by -case basis individual protection/management strategies
should be implemented to ensure archaeological and/or historical resources are
not destroyed."
Infrastructure Caning Capacity:
Wastewater
Policy ICC #3, Page 167.
"Centralized wastewater treatment and collection systems, for both on -site and
off -site service, are considered appropriate methods for wastewater treatment in
addition to the use of individualized on -site wastewater systems and traditional
septic tank/drainfield systems. Although there are no publicly -owned central
wastewater treatment systems in unincorporated Date County except for the
Stumpy Point system, such systems may be beneficial alternatives in
terms of water quality protection"
Natural Hazards:
Policy NH#1, Page 179.
"Oceanfront shoreline development should continue to be managed to protect
and preserve the natural and recreational resources along the oceanfront. The
appropriate tools for this are the existing CAMA permit program and the Areas
of Environmental Concerns (AECs) designated under the CAMA program..."
Implementation Strategy:
1. Rely on existing CAMA AEC regulations to address the
development activities along the ocean beaches, estuarine shoreline,
and other public trust areas in unincorporated Dare County...
R,E C E, g,VE,0
AUG 5 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
_D ESQ EQzabeth City office 1401 South Griffin Street, Suite
3TfgbA u❑hd�vQdl252264J901
North Carolina Department of Environmental Quality
Division of Coastal Management
Policy NH#5, Page 181
"Dare County supports, as minimum standards, the administration and
enforcement of all applicable floodplain management regulations and the
National Flood Insurance Program..."
Policy NH #6, Page 182.
"Dare County shall use construction standards, such as elevation of buildings
and the wind zone requirements for mobile homes and zoning regulations, such
as the setbacks from water bodies and erosion -prone areas to mitigate the
effects of high winds, storm surge, flooding, wave action, and erosion."
Water Quality:
Policy WQ#2, Page 188.
MEMORANDUM
Page 5 of 6
"Development projects shall be designed and constructed to minimize
detrimental impacts on surface water.quality, groundwater quality, and air quality.
Structures should be designed to fit the natural topographic conditions and
vegetation versus modifications to natural conditions to accommodate
structures."
Policy WQ#4, Page 190.
"Efforts to preserve, protect and improve water quality should be managed at
the local level. Local level management allows for a regulatory approach
designed to specifically address unique local needs and conditions. Existing
State stormwater rules should serve as the basis for local programs with
adjustments made to address local needs, conditions, and community
support."
Policy WQ#5, Page 190.
"Efforts to manage stormwater runoff should be based on local conditions and
natural features..."
"W D
A U G 5 2022
North Carolina Department of EnvironmentalQuality 1FID DlvisforrJUt3h7ll �mev vv to
!lIJJJ���"' ��/ Elizabeth My Office 1401 South Graft Street,Suite 300 t Elizabeth City, North Carolina 29909
OEM .mw- & m ^ �.. / 2SZ2643901
North Carolina Department of Environmental Quality
Division of Coastal Management
Wetlands
Policy WQ #8, Page 192.
MEMORANDUM
Page 6 of 6
"Dare County supports the U.S. Army Corps of Engineers nationwide permit
program as administered in 2009. This support is based on the current scope of
permitting limits of the nationwide program and not any changes that may result
in a different policy..."
Policy WQ #9, Page 192.
"...The use of wetland mitigation for private development projects may be
deemed suitable if such projects are consistent with other policies of the Dare
County Land Use Plan and recognized as serving a public need by the Dare
County Board of Commissioners."
RECEIVED
AUG 5 2022
POP SECTION M4
North Camfina DepartmentofEnvhvnmental Quality l DivisionofCoastalblanagement
mn.ou«.
�F�ttt Elizabeth City Office 1401SonthOrtfnn Street,Suite300 I E1izabeth6ty,t1orth Carolina 27909
�amm.««..mc«new�m.ar� 252.2643901
ROY COOPER
commor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
July 15, 2022
MEMORANDUM:
NORTH CAROLINA
EnviroamentafQuafity
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16.33)
gregghoduarfa akureov
SUBJECT: CAMA Review
Applicant: Hatteras Island Homes, Inc.
Project Location: 23270 & 23244 Midgetts Mobile Court, Rodanthe in Dare County
Proposed Project: fill404 wetlands and construct a single-family residence with deck, parking,
swimming pool, storage shed, beach access walkway and gazebo
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregq Bodnar at the address above by August 5, 2022. If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attaohed�
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME M dA'1a:
AGENCY Nc4m�
SIGNATURE
DATE
ME%en.EIVED
W13 5 2022
mp SE-LTION MHO
North Carolina Departmentof Environmental Quality I Division of Coastal Management
Elizabeth otyOfice 1401 SoWh Griffin Street.5u1te 300 I Elizabeth City. North Carolina 27909
2522643901
ROY COOPER
Gmernor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 15, 2022
MEMORANDUM:
NORTH CAROLINA
EgWtunmentarQuaery
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax. 252-247-3330 (Courier 04-16-33)
erev_e.bodnarMncdenr, Wy
SUBJECT: CAMA Review
CIDVED
AUG S 2022
@soli-" SECTION R.51D
Applicant: Hatteras Island Homes, Inc.
Project Location: 23270 & 23244 Midgetts Mobile Court, Rodanthe In Dare County
Proposed Project: fill 404 wetlands and construct a single-family residence with deck, parking,
swimming pool, storage shed, beach access walkway and gazebo
Please indicate below your agency's position or viewpoint on the proposed project and
refam Phis form to Groan Bodnar at the address above by August 5, 2022. If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, e)t. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are Incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
a
PRINT NAME W air eLeL 144-11�
AGE`
SIGNATURE
DATE t;tn,af �je ZU 7+z
D_EQ2� NorthCarotinaDepartmentofEnvimmnentalQuahlyIDivislonofCoastalManagement
Elizabeth Cfty OffDce 1401 South Griffin Street, Suite 300 I Efinbeth CRy. North Carollna2r909
• �•++m� /'� 2522643901
Bodnar, Gregg
From:
Noah Gillam <noah.gillam@darenc.com>
Sent:
Monday, August 29, 2022 10:20 AM
To:
Doug Dorman
Cc:
KID Jackson; Carver, Yvonne; Renaldi, Ronald; Bodnar, Gregg
Subject:
Re: FW: [External] Re: Hatteras Island Homes
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
:Report Spam.
That works for me, and meets the requirements of the ordinance
On Mon, Aug 29, 2022 at 9:56 AM Doug Dorman <dougdaec@gmail.com> wrote:
Sorry I did not attach a drawing. Here it is.
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
On Mon, 29 Aug 2022 at 09:55, Doug Dorman <dougdaec@gmail.com> wrote:
Noah,
Let me know if this is what you are looking for.
Thank you,
Doug
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
On Mon, 29 Aug 2022 at 09:42, Noah Gillam <noah.gillam@darenc.com> wrote:
Doug,
There needs to be an area of pavement in front of the house for emergency vehicles. The ordinance requires a paved
drive isle. IF you just paved the area between the house and the property line that should suffice.
On Fri, Aug 26, 2022 at 9:12 AM Doug Dorman <dougdaec@gmail.com> wrote:
Noah,
Attached is a revised site plan to address the parking issues with the proposed house for Hatteras Island
Homes. Please let me know if you have any questions or concerns.
Thank you,
Doug
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
On Mon, 22 Aug 2022 at 15:49, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote:
Afternoon Doug,
Please see below for comments from the County. My suggestion would be that it might be advantageous to place
the project on applicant hold since the talks with the County may result in a significant project redesign. Please
keep me in the loop.
In addition, I am getting a number of objections to the project, but have not had time to review and categorize
them all. Many have concerns with the loss of wetlands and potential increase to flooding.
Please let me know how you would like to proceed,
Gregg
Gregg Bodnar(he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@ncdenr.gov
Find a Field Rep (arclais.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Noah Gillam <noah.eillam@darenc.com>
Sent: Monday, August 22, 2022 3:42 PM
To: Bodnar, Gregg <Rregs.bodnar@ncdenr.gov>
Cc: KD Jackson <kd.iackson@darenc.com>
Subject: [External] Re: Hatteras Island Homes
CAUTION: External email. 'Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
¢o Report Spam..
Gregg,
Gregg,
We have issues with the parking, the layout does not meet the intent of the Dare County Parking Ordinance. The
applicant needs to meet with KD or myself before issuance of the major, the site layout might change based on the
parking requirements.
On Mon, Aug 22, 2022 at 3:22 PM Bodnar, Gregg <Rregg.bodnar@ncdenr.sov> wrote:
Afternoon Noah,
Any comments on this one?
Thanks,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G reee. Bod na r@ ncden r.eov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Noah Gillam
Planning Director
Planning Department
P.O. Box 1000, Manteo, NC 27954
252.475.5873 phone
252.473.6653fax
www.darenc.com
Noah Gillam
Planning Director
Planning Department
P.O. Box 1000, Manteo, NC 27954
252.475.5873 phone
252.473.6653fax
0
Noah Gillam
Planning Director
Planning Department
P.O. Box 1000, Manteo, NC 27954
252.475.5873 phone
252.473.6653 fax
❑"
Bodnar, Gregg
From:
Noah Gillam <noah.gillam@darenc.com>
Sent:
Monday, August 22, 2022 3:42 PM
To:
Bodnar, Gregg
Cc:
KID Jackson
Subject:
[External) Re: Hatteras Island Homes
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Gregg,
Gregg,
We have issues with the parking, the layout does not meet the intent of the Dare County Parking Ordinance. The
applicant needs to meet with KD or myself before issuance of the major, the site layout might change based on the
parking requirements.
On Mon, Aug 22, 2022 at 3:22 PM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote:
Afternoon Noah,
Any comments on this one?
Thanks,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg.Bodna r@ ncden r.gov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Noah Gillam
Planning Director
Planning Department
P.O. Box 1000, Manteo, NC 27954
252.475.5873 phone
252.473.6653fax
0
Bodnar, Gregg
From:
Moore, Bill
Sent:
Tuesday, August 23, 2022 3:30 PM
To:
'dougdorman@myembarqmail.com'
Cc:
Bodnar, Gregg; avon_viking@yahoo.co
Subject:
Hatteras Island Homes - Proposed New Homesite - Dare County
Hey Doug,
The proposed project will trigger a stormwater permit. Based on a preliminary review of the CAMA Major application, it
appears the State Stormwater General Permit for Single Family Residence would be the appropriate way to permit this
project. The requirements and the application for this permit can be found on our web site at NCDEQ / Post
Construction Program / State Stormwater General Permits. I did see some discrepancies between the site plan & the
application regarding lot descriptions & sizes: maybe just typos ? We will need (2) full scale plans with details & sw
narrative along with the application & fee. I will be glad to discuss; let me know if you have questions. Copies of any
modifications to the current site plan and/or a formal stormwater plan should be forwarded to the Division of Coastal
Management for their review.
Bill Moore, Environmental Engineer
Division of Energy, Mineral and Land Resources
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Phone: (252) 948-3919
ME
w�wn�i a rnwommwnal wrny�
Email correspondence correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
ROY COOPER
Governor
ELIZABETH S. BISER
Se-etnry
RICHARD E. ROGERS, JR.
Director
Hatteras Island Homes Inc.
Attn: Sam Hagedon and James Forkovitch
PO Box 883
Avon, North Carolina 27915
NORTH CAROLINA
Environmental Quality
September 20, 2022
Subject: Approval of Individual 401 Water Quality Certification
Midgetts Mobile House
USACE Action ID. No. SAW-2016-01020
Dear Hagedon and Forkovitch:
DW R # 2022-0959 v1
Dare County
F cEivED
S E P 2 1 2022
Attached hereto is a copy of Certification No. WQC005067 issued to Sam Hagedon, James Forkovitch and
Hatteras Island Homes Inc., dated September 20, 2022. This approval is for the purpose and design
described in your application. The plans and specifications for this project are incorporated by reference
as part of this Water Quality Certification. If you change your project, you must notify the Division and
you may be required to submit a new application package with the appropriate fee. If the property is sold,
the new owner must be given a copy of this Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
�1
relft
North Carolina Department of Environmental Quality I Division of Water Resources
Q��
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
`r`a•', r orn�
919.707 9000
Midgetts Mobile House
DWR# 2022-0959
a -.
Individual Certification #WQCOO518O
Page 2 of 11
Non-compliance with orviolation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Washington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a). _ 9
Z E IC9ED
SEP 2 1 2022
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q
512 North Salisbury Street 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
oao+�mrnnimm®wau.oM1
919.707.9000
Midgetts Mobile House
DWR# 2022-0959
Individual Certification #WQC005180
Page 3 of 11
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Robert Tankard at 252-948-3921 or robert.tankard@ncdenr.eov if you have any
questions or concerns.
Sincerely,
Row T "
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: Doug Dorman, dougdaec@gmail.com
Josh Pellitier,Josh. R.Pei letier usace.armv.mil
Gregg Bodnar, GregR.bodnar@ncdenr.eov
Yvonne Carver, yvonne.carver@ncdenr.gov
laserfiche
S E P 2 1 2022
If ��,,rr North Carolina Deparonent ofEnvironmental Quality I Division of Water Resources
®� �J� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
o nTMc^"a "a 919.707.9000
OOM�n[nl Gvl�mmivleuv0�
Midgetts Mobile House
DWR# 2022-0959
r !.
Individual Certification #WQC0O5180
Page 4 of 11
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005180 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Sam Hagedon, James Forkovitch and Hatteras Island Homes Inc., who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on July 15, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
0 (linear feet)
0 (linear feet)
404/401. Wetlands
Wl -
0.09 (acres)
0 (acres)
Open Waters
0 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
IXWrNWY1NN vrsrhl0uY1�
October 17, 2022
Regulatory Division
ORM ID No. SAW 2022-00185
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application of Hatteras Island Homes, Inc. for a Department of the Army
permit to place fill material within freshwater wetlands and construct a single-family residential
home, on property located at 23270 Midgetts Mobile Home Court, adjacent to the Atlantic
Ocean, in Rodanthe, 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. 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.
3. 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.
4. 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.
5. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including
any special conditions listed on this form, are hereby incorporated as special conditions of this
permit authorization.
Construction within jurisdictional areas on the property shall begin only after the permittee
has made full payment to the NCDMS and provided a copy of the payment documentation to the
Corps, and the NCDMS has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Environment Quality and the United States Army Corps of Engineers,
Wilmington District, dated November 4, 1998.
6. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083,
Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
7. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
8. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter I I3A Article 4).
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone (910) 251-4564.
Sincerely,
Q aQl.(3�0' SP WS
Raleigh Bland, S.P.W.S.
Regulatory Project Manager
Copies Furnished:
N.C. Division of Water Quality, Wetlands Unit
2321 Crabtree Blvd, Parkview Building
Raleigh, North Carolina 27604
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Ms. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ron Renaldi, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
DIVISION -OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME:, Hatteras Island Homes, Inc.; Sam Ha"gedon and
James Forkovitch
2. LOCATION OF PROJECT SITE: 23270 & 23244 Midgetts Mobile Court, Rodanthe,
Dare County; adjacent the Atlantic Ocean
Latitude; 35°35'29:55"N Longitude:'75027'49.92"W
'3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: 'Dates of"Site Visit-04/04/22; 05/18/22
Was Applicant_ Present — No; -Yes -Consultant
5. PROCESSING PROCEDURE: Application Received' Complete - 06/24/22; Revised
Narrative and Sheet 1 t 2 received 08/02.722.
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
LandClassification from LUP — S-1
(B) AEC(s) Involved: Ocean Erodible Area (OEA)
(C) Water Dependent: Yes' 4 No
(D) Intended Use Private
(E) Wastewater Treatment: Existing - None
Planned - LPP system (Grinder pump with
wastewater force main)
(F) Type of Structures: Existing — Lot 1: borrow pit; Lot 2: vacant lot
Planned - Lot 1: easement for septic system; Lot 2: Single-family dwelling with
decks,. shed, pool„grinder pump station, beach access walkway with gazebo
(G) .Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION: (AREA]
DREDGED FILLED OTHER
(A), Vegetated' Wetlands
n/a
3,686sf404
n/a
wetland fill
(B) Beach (oceanfront)
n/a
2,912 sf
1.,884:sf
shading
-3;261 sf
disturbed
(C) High ground
n/a
1,225 sf
n/a
RECEI
tu/ rotai Area Disturbed: i498u,sT (.30 acres),
(E) Primary -Nursery Area: No
(F) Water Classification: 'SB Open: Open to shellfish talAW 3 2022
MP SECTION MHD
Field Investigation Report: Hatteras Island Homes, Inc.
Page 2
8. PROJECT SUMMARY: Fill 404 wetlands and construct a sing leJamilydwelling with
deck, parking, swimming pool, storage shed, beach access walkway and gazebo..
Proiect;Settina
The project is proposed on two parcels at 23.270 and 23244 Midgetts Mobile Court in;Rodanthe;
Dare County, and is adjacent the Atlantic Ocean. - -- -- —
• #23270, Lot 2, which is adjacent the north drain(drainage ditch) and the ocean, is an
undeveloped, 44;NO sf parcel with dunes vegetated withsea oats,•and transitioning toga
404-wetland area thatincludes Black.needle-rush (Juncus roemerianus), Salt meadow
hay (Spartina pafens), and Marsh elder (Iva frutescens). This parcel is within the Ocean
Erodible:Area (OEA), Area, of Environmental Concern (AEC). The. OEA AEC is 900',
measured landward from the first line of stable natural vegetation (FLS-NV, and the
2020'Oceanfront Erosion Rate/Setback factor is 10, with the minimum, setback of 60' or
30 times the shoreline erosion rate. The minimum setback for'this parcel'is.300'.
9 923244, Lot 1, which is adjacent-the,north drain and highway 12, is'a 57,755-sf parcel
partially within the OEA AEC. There. is a small fringe of 404 wetlands near the north
drain, transitioning to an upland area with a fenced, borrow pit. Other vegetation
includes indigenous grasses, Atlantic Cedar, pine trees, Pampas grass (Cortaderia),
cattails, and;catbrier.
There:is an existing, wooden vehicular bridge that crosses over the north•drain to, access; the
ocean -front Iotsadjacent MidgettsMobile Court,,and transitions; east to a gravel and earthen
path.
The riparian property to the northeastis a vacant ocean -front lot; the riparian property directly:to
the north is:developed with a single-family residence and swimming pool. The riparian property
to the southeast is a vacant lot with 404 wetland vegetation east of'the north drain.
Minor Permit #Hi-33-2020 was issued on 0412.1/20 to the applicants.for a pile -supported single-
family residence to be constructed on the ocean -front lot at an. elevation: a minimum of 10'
above the 404 wetlands. The development did not occur. On 07/26/2010, Hatteras Island
Homes was denied a development request under Minor Permit #2010-37 that did not meet the
existing setback requirement.
A 404/Buffer Pre -filing meeting request was submitted by the applicant's agent on 04126/22,
and an -email dated.04/28/22 was received',as confirmation of the pre -filing meeting request.
The Coastal Waters of the.Atlantic Ocean are contiguous with the Pasquotank River Basin
and the water classification is;SB. The area.is,not located in a PNA an s Ito.
shellfishing. Ee�� �
AUG 3 2022
MP SECTION MH®
Field Investigation Report: Hatteras Island Homes, Inc.
Page 3
Development. Proposal
The applicants propose to fill 3,686 square feet of 404 wetlands to constructa 1714
square -foot (so single-familydwelling with 4,980 square feet of heated space on the ocean-
front lot, with 1,558 (so of open decking, 1,'210 sf of gravel driveway and parking, whichJs"
an increase.from 18 parkmg-spaces;to 10spases to meet County zoning requirement's.: Also
proposed is the installation of a 12'x24' (288:90 swimming pool with associated coping and
decking,.a 10'x20' (200 so storage shed with wooden floor,. a 290'x6' (1,740 so beach'
accessway with a 12'x12' (144 so gazebo.
The septic system. will comprise of a watertight, fiberglass grinder -pump -station located on
the ocean -front lot and conneot'to a wastewater system installed in an easement area
located west of the north drain (on the northend of 23244 Midgetts Mobile Court): The
location of'the'3'4.(9 so grinder pump lift,station;has been shiftedto move it-landwardof
the oceanfront setback, and will belocated underneath the single-family dwelling, westof
the. CAMA setback line. The wastewater system will not be located -within the 404 wetlands
however, the 2" wastewater forcemain is proposed to be installed by a directional horizontal
drilling method underneath,a section, of 404 vegetation.
The applicant has provided.a letter from NCDEQ Division of Mitigation Services for non -
riparian wetland impacts,equating'to 0.10 acres (4,356 so.
Anticipated Impacts
The development as proposed for the main section: of the house, two4hirds of'the decking
and ±40% of the gravel parking area will result in 3,686 sf404 wetland. fill.
The proposed beach access walkway and gazebo will shade 1,884 sf of oceanfront habitat.
The remaining sections of house, decking, driveway%parking, swimming pool, and storage
shed will disturb 3281 sf of oceanfront habitat.
2,912 sf of fill associated with the septic system will be located within the 900' OEA AEC line
and will impact oceanfront habitat.
1,225_sf of fill associated with the septic -system will be located -outside of the OEA-AEC:
RECEIVED
Submitted by: Yvonne Carver
Date: 07/11/22;=Amended,08/02/22 AUG 3 2022
AUG 2 - 2022
DC N —UEwa
P'roiect Description wF
The subject, properties are located:at 23270 and 23244 Midgetts Mobile Court in.
Rodanthe, 'Dare County, North Carolina -,adjacent to the Atlantic. Ocean.
Hatteras Island Homes Inc. is- proposing to build a.single family ocean front
residence located adjacent to'thoAtlaritic•Ocean. The proposed house is located
as close as possible fo the 300' CAMA ocean frontsetback line to avoid and
minimize impacts to the 404 wetlands. The proposed wetland fill (3686 sf) is
limited to the house, deck, parking underthe house, and pool With'decking. As
per initial comments from NC Division of Coastal Management we are: using the
exceptions under. 07H.0309 and have moved.the pool'and 430 sf of open
decking within the 300' CAMA ocean front setback to further avoid and minimize
wetland impacts. As a result of these -changes -the wetland -impacts have been
reduced from 4,260 sf to 3,686 sf. The additional improvements to the site -
include a 10!x20' storage shed with a wood floor, :a 12'x.12"gazebo, and a 6'x290'
walkway with stairs to the ocean beach.
Shed (10'z20'L.,.. ......._................................. ............. '200 sf
Gazebo (12'x12')... .........................................._......_.......... 144 Sf
Open wood deck (excluding 6' pool deck) ....... ............. 430 sf'
Walkway(6' x 290') ............ ..................... ......... .......... 1,740 sf
Gravel parking area............................................................... 255:sf
Proposed Improvements within the 900'CAMA AEC i.
House footprint. ................. .......:.. :........ ........_....._...... 1,,714 sf
Openwood deck ......................................._... ...........1,558 sf
Pool................................._................................................ 288 sf
Driveway.and parking, ............................................................. 1,21.0 sf
Shed(10'x20')........................................................................ 200 sf
Gazebo(12'z12')..................................................................... 144 sf
Walkway(6' x 290').............................................................. 1,740 sf
Section.404 Wetlands:
The Section.404 wetland: lineshave been, delineated by Atlantic Environmental
Consultants, LEC and verified b9. Billy Standridge with the US.Army �,, ��P
Engineers "'
MP SECTION MHD
The project proponent hereby certifies that all"information contained herein
is true, accurate, and complete to the best of my know ledge,artd;belief..
The project proponent hereby requests;thatthe certifying authority review
and take;action on this C,WA 401 certification request within the applicable
reasonable period of time.
AUG 3 2022
PTIP SECTiON MH®
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Gmail - 401Buffer Pre -filing Meeting Request https:Hmail.google.com/maiUu/O/?ik=6f76balc92&view=pt&search=all...
MG ma i I
Doug Dorman <dougdaec@gmail.com>
401/Buffer Pre -filing Meeting Request
2 messages
Doug Dorman <dougdaec@gmail.com>
26 April 2022 at 11:37
To:40lPreFile@ncdenr.gov
J U N 14 2022
Please fill out the following information:
Project Name: Hatteras Island Homes, Inc.
D G IV! " [IC
County: Dare
c
Applicant Name: Atlantic Environmental Consultants, LLC
Applicant Email: dougdaec@gmail.com
This email is to fulfill the pre -filing meeting request requirement put in place on Thursday April 7, 2022 when the
Environmental Protection Agency's'Clean Water Act Section 401 Certification Rule' ('Federal Rule') was reinstated to
its previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section
121.4(a)'At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing
meeting with the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification
requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least
30 days prior to submitting the certification request.
401PreFile <401PreFile@ncdenr.gov>
To: Doug Dorman <dougdaec@gmail.com>
26 April 2022 at 15:05
This email confirms receipt of your pre -filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre -filing RECEIVED
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
JUL 15 2022
Background DCM-MHD CITY
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's
vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule"
("Federal Rule"). As a result of the United States Supreme Court order, the Trump
Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on
applicants for 401 Certifications and on DWR's processing of those applications. One
requirement is that 401 applicants must request a pre -filing meeting request at least 30 days
prior to submitting their 401 application. [40 C.F.R. §121.41 In turn, the Federal Rule requires
that applicants include documentation of their pre -filing meeting request in their 401 Certification
application. (40 C.F.R §121.1; 40 C.F.R. §121.51. Please refer to the Federal Rule for more
information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required
pre -filing meeting request documentation does not constitute a "certification request." As a
result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications
received after April 6, 2022 that do not have documentation that a pre -filing meeting request
I aft
5/13/2022, 9:16 AM
Q7ail - 401/Buffer Pre -filing Meeting Request https://mail.google.conVmaiVu/O/?ik=6f76baIc92&view=pt&search=a1l...
was submitted at least 30 days prior to submittal of a 401 Certification application will be
returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non -Transportation Central Staff:
https://deq. ne.gov/about/divisions/water-resources/water-quality-permitting/40l -buffer-
permitting/401-buffer-permitting-contacts
For Non -Transportation Regional Staff: https://edocs.deq.nc.gov/WaterResources/DocView.
aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deq. nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
pe rm ittin g/staff-contacts
JUN 1 4 2022
From: Doug Dorman <dougdaec@gmail.com> ('�
Sent: Tuesday, April 26, 2022 11:38 AM D c n /] - t C%
To: 401Prel'ile <401PreFile@ncdenr.gov>
'tvt L F✓
Subject: [External] 401/Buffer Pre -filing Meeting Request
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.
[Quoted text hidden]
RECEIVED
JUL 15 2022
DCM-MHD CITY
2 of 2 5/ 13/2022, 9:16 AM
Property Legal Description
DEED BOOK. 2325 PAOB N0; ta85
MAR 2a2"2
PARCEL ID.' 01257200
STREETADRESS. 3 70 Miqgy Mobile Court i2od ntt e NC 27968.
Please Print:
Property Owner, tiatterJ4Iy Js and Homes Jnc c o Sanr Haeedon.
Property Owner. _ n cti &_Eorkovikch W
The undersigned property owners of the above noted property, so hereby authorise
i Douptomran
(CorAtlantic EnvironmentalConsul4antc LLr to;
(Contractor/Agent).._._of (Name of consulting firm)
L Act on my behalf and take all actions necessary for the processing, issuance and
acceptance of permits and/or certifications and any all standard and special'
conditions attached.
2. tinter the property to obtain site information including inspections with regulatory
agencies (Dare County, North Carolina Department of Environmental Quality;
U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or
certifications.
Property OwnersAddress (if different than ro e p p rty above):
PO Box 883 Avon NC 27915
Property Owners Telephone Number: 252-305-2143
We hereby certify that the above infomration submitted in this, application is true and
accurate to the best of our knowledge.
Authorized Signature and Title uthorized Signature and Title
Date: - Date; 3ai tin-_
Scan30001.JPG
bttps://mail.googic.com/maiVu/o/
AUTHORIZATION TO ACT AS REPRESENTATIVE FORM
Property Legal Description:
DEED BOOK: 2325 PAGE NO: 0285
PARCEL ID: 120 57200
STREET ADRESS: 23270 Midgetts Mobile Court, Rodanthe. NC 27968.
Please Print: „. .
Property Owner: Hatteras Island Homes Inc. c/o Sam Hagedon.
Property Owner: James K. Forkovitch
The undersigned property owners of the above noted property, so hereby authorize
Doug Dorman of Atlantic Environmental Consultants. LLC to,
(Contractor/Agent) (Name of consulting firm)
1. Act on my behalf and take all actions necessary for the processing, issuance and
acceptance of permits and/or certifications and any all standard and special
conditions attached.
2. Enter the property to obtain site information including inspections with regulatory
agencies (Dare County, North Carolina Department of Environmental Quality,
U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or
certifications.
Property Owners Address (if different than property above):
PO Box 883, Avon, NC 27915
Property Owners Telephone Number: 252-305-2143
We hereby certify th t the above information submitted in this application is true and
accurate st our knowledge.
Authorized Sig ure and Title Authorized Signature and Title
Date: 3 ' t ' .T — Z 2
l
RECEIVED
JUL 15 2022
DCM-MHD CITY
1 of 1 3/9/2022, 8:37 AM
W 1
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Env4onr fa!Quality
September 7, 2022
Atlantic Environmental Consultants LLC.
Doug Dorman (via email dou dg aecAgmail.coml
PO Box 3266
Kitty Hawk, NC 27949
Dear Mr. Dorman,
This letter is in reference to the application submitted for Hatteras Island Homes Inc., for a
Coastal Area Management Act Major Permit to undertake development activities to construct a
single family home with associated infrastructure in Rodanthe, in Dare County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make November 21, 2022 the new deadline for reaching a decision on your
request. However, we expect to take action prior to that time and will do so as soon as possible.
In the interim, should you have any question on the status of your application, do not hesitate to
contact me by phone (252-515-5416) or e-mail (gregg.bodnar@ncdenr.gov).
Cc: DCM Elizabeth City
Sincerely,
Gregory W. Bodnar
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Dlvision of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252808.2808
V -i-
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, September 7, 2022 8:46 AM
To: Doug Dorman
Subject: Hatteras Island Homes Extension
Attachments: Hatteras Is. Homes Inc EXT.pdf
Morning Doug,
Please see above for the extension. Currently waiting on USACE and DWR. In addition, as you may be aware, there are
a number of objections to the project on file. Once all comments are in we will review the objections and agency
comments. If there are any concerns or replies needed from you for objections I will be in touch.
Thanks,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bod nar@ ncderingov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Monday, August 22, 2022 3:49 PM
To:
Doug Dorman
Cc:
Carver, Yvonne; Renaldi, Ronald
Subject:
FW: [External] Re: Hatteras Island Homes
Afternoon Doug,
Please see below for comments from the County. My suggestion would be that it might be advantageous to place the
project on applicant hold since the talks with the County may result in a significant project redesign. Please keep me in
the loop.
In.addition, I am getting a number of objections to the project, but have not had time to review and categorize them
all. Many have concerns with the loss of wetlands and potential increase to flooding.
Please let me know how you would like to proceed,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bod nar@ ncdenr.gov
Find a Field Rep (armis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Noah Gillam <noah.gillam@darenc.com>
Sent: Monday, August 22, 2022 3:42 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Cc: KD Jackson <kd.jackson@darenc.com>
Subject: [External] Re: Hatteras Island Homes
,CAUTION: External email Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
'RPnnrt 4nam'_ _I I I - -I I I I
-
Gregg,
Gregg,
We have issues with the parking, the layout does not meet the intent of the Dare County Parking Ordinance. The
applicant needs to meet with KID or myself before issuance of the major, the site layout might change based on the
parking requirements.
On Mon, Aug 22, 2022 at 3:22 PM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote:
Afternoon Noah,
Any comments on this one?
Thanks,
Gregg
Gregg Bodnar(he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gre¢e.Bodnar@ncdenr.gov .
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Noah Gillam
Planning Director
Planning Department
P.O. Box 1000, Manteo, NC 27954
252.475.5873 phone
252.473.6653 fax
www.darenc.com
From:
To:
ISGS{dNalO_A:IIIIFlLILFER.. u • i .
L; Butler. Rodney A
Cc: Carver. Yvonne
Subject: RE: CAMA Major: Hatteras Island Homes, Inc In Dare County
Date: Wednesday, August 3, 2022 4:13:00 PM
Attachments: HATTERAS ISLAND HOMES AMENDED NARRATIVE 080222.Ddf
HATIERAS ISLAND HOMES REV SHEET 1 OF 2 072422-08022022.udf
HATTERAS ISLAND HOMES AMENDED FIELD REPORT 08 2Q .odf
RECOMMENDATIONS - HATTERAS ISLAND HOMFS,080222 udf
Imaoe001 DnD
Afternoon all,
Please see above for updated documentation for the above project. In summary the grinder pump
was moved outside the 300ft development buffer to under the house to become consistent with
CRC rule. If the changes require updated comments please provide them as soon as possible.
Regards,
Gregg
Gregg Bodnar(he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnart@ncdenr.gov
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Godfrey, Ella M <EIIa.Godfrey@ncdenr.gov>
Sent: Friday, July 15, 2022 10:33 AM
To: Noah Gillam <noah.gillam@darenc.com>; Owens, Charlan <charlan.owens@ncdenr.gov>;
Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army. mil>; Padrick, Lee
<Ipadrick@commerce.nc.gov>; DCR - Environmental_ Review <Environmental. Review@ncdcr.gov>;
Whitfield, Clif <clif.whitfield@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Harris,
David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton,
Sharon <sharon.gupton@ncdenr.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda
<wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Dumpor, Samir
<samir.dumpor@ncdenr.gov>; Thorpe, Roger <roger.thorpe@ncdenr.gov>; Tankard, Robert
<robert.tankard@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A
<Ro d n ey. B utl er@ n cdc r.gov>
Subject: CAMA Major: Hatteras Island Homes, Inc in Dare County
Good morning,
Please accept this correspondence as the official distribution of a CAMA APPLICATION for the above
referenced proposal. In the above attachments you will find the standard forms and comment
sheet. As before, the comment sheet will provide the requested comment due date, DCM contact
information, etc.
This distribution email has a return receipt notification. Please accept the request, as we use that to
log receipt of the application.
Ella M. Godfrey
Office Assistant IV
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 231
252-331-2951 (fax)
ella godfrey.@ncdenr.aov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
i' �atiting Compares--t.�.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
�0 BK 2609 PG 464 - 466 (3) DOC# 700116337
V"` This Document eRecorded: 04/08/2022 03:22:50 PM
'Fee: $26.00 Excise Tax: $190.00
le are County, North Carolina Transfer Tax: $950.00
Qheryl L. House, REGISTER OF DEEDS
Dare County Land 6nsfer No.: 1606-22 Land Transfer Tax: 950.00 1985 Sessions Law Chapter 670 (HB 215)
0
LT # 1606a2 IJ
Land Transfer $ 950.OB'
Excise Tax: S 190.00
pared by: Dixon & Dixon Law Offices, PLLC; P.O. Box 750, Avon, NC 27915
Mail to after rding: Gray & Lloyd, LLP, 3120 N. Croatan Hwy, Suite 101, Kill Devil Hills, NC 27948
Delinquent taxes, if any, to be paid by the closing attorney to the County Tax Collector upon disbursement of closing pro eeeda.
Brief Index Description: 23244 Midgens Mobile Court
Parcel Identifier Number: 012572001 File Number: HATO]-0322
NORTH CA LINA GENERAL WARRANTY DEED
THIS WARRANTY DEED is made this 7 Y� of April, 2022 by and between:
TERAS ISLAND HOMES, INC.
a Carolina corporation
P.O.`,,j7t947
Avon,IVC 27915
(hereinafter referred to in the neuter singular as "the Groner") and
0
DERECK H
784 Newport R
Manheint, PA 17
(hereinafter referred to in the neuter singular as "the Grantee"):
WITNESSETH, that the Grantor, for a valuable considemtion paid by the G&cc, the receipt of which is hereby acknowledged, has
and by these presents does hereby give, grant, bargain, sell and convey unto thel$nntee, its heirs, successors, administrators and assigns,
all of that certain lot or parcel of land situated in the Village of Rodanthe, KinnAkeyJ Township of said Dare County, North Carolina,
and more particularly described as follows: See attached Exhibit A. Ch
RECEIVED
4�
JUL 15 2022
submitted electronically by "Gray & Lloyd, LLP" d� DCM-MHD CITY
in compliance with North Carolina statutes governing recordable docbslents
and the terms of the submitter agreement with the Dare County Regist r of Deeds.
f.
VI\LVVJ I %.7'tVV
VVVTt 1 VV I I VJJI
Exhibit A
O
����
t No. 1, Finni's Landing as shown on that map or plat entitled in part "Two Lot Division For
,,,�
tteras Island Homes, Inc., Finni's Landing, 23270 Midgetts Mobile Court, Rodanthe, NC 27968"
dtNd July 11, 2011, prepared by Freddy D. Rankin, PLS, which map is recorded in Plat Cabinet J,
SI1696, Dare County Registry.
There if1so conveyed herein that 2 foot easement along the North Ilne of the property
here conQyed as recorded in Book 1573 at Page 269, Dare County Registry.
Subject to t*-Easement and Maintenance Agreement as set forth in Book 2325 at Page 62 of
the Dare Coun�egistry.
(11
d
O
Cif
RECEIVED
JUL 15 202Z
DCM-MHD CITY
�p BK 2325 PG 283 - 285 (3) DOC# 700069145
`1� This Document eRecorded: 09/24/2019 04:40:20 PM
Fee: $26.00 Excise Tax: $220.00
le
(Vare County, North Carolina
0heryl L. House, REGISTER OF DEEDS
Dare County Lanqransfer No.: 3178-19 Land Transfer Tax: 1100.00 1985 Sessions Law Chapter 670 (HB 215)
Excise Tax: 5 220.00�Y�
'This instrument should be mailed to the preparer.
Dixon & Dixon Law Offices, PLLC: P.O. Box 750, Avon. NC 27915
Delinquent taxes, if any, �fn be paid by the closing attorney to the County Tax Collector upon disbursement of closing proceeds.
Z' Brief Index Description: Lot 2, Finni's Landing
Parcel Identifier Number: 012572000
File Number: 1)DRHA'1'01.0919
NORTH CAR 30LINA GENERAL WARRANTY DEED
THIS WARRANTY DEED is made this 2A'dQay of September. 2019 by and between:
XAN
4TTERAS ISLAND HOMES, INC.
a Ngmifi Carolina Corporation
P.O. 9�x 883
Avon, WC 27915
16
(hereinafter referred to in the neuter singular as "the Gra"Q') and
JAMES K. F(COVITCH,
P.O. Box 1355 (0,��++,,
Harrisonburg, V)11 803
(hereinafter referred to in the neuter singular as "the Grantee"):
a'/2 undivided interest
MAR 2 3 2C22
W11'NESsuH, that the Grantor, for a valuable consideration paid by the ,Eee, the receipt of which is hereby acknowledged, has
and by these presents does hereby give, grant, bargain, sell and convey unto theitee, its heirs, successors, administrators and assigns,
a one-half undivided interest in that certain lot or parcel of land situated in the V1Q(e of itodanthe. Kinnakeet "township of said Dare
County, North Carolina, and niore particulatiy described as follows: See attached E N i 4t A.
RECEIVED
� JUL 15 2022
submitted electronically by "Dixon & Dixon Law Offices" ((''��
in compliance with North Carolina statutes governing recordable doctMM,fits DCM-MHD CITY
and the terms of the submitter agreement with the Dare county Registe f Deeds.
t$rx L3L5 I' U Z04 UL)UIF /UUUb`J• l45
rT$e property herein described was acquired by the Grantor by deed recorded in Book 1573 at Page 269, in the Public Registry of Dart
"I
XA',�
A mai)Aloowing the above described property is recorded in Plat Cabinet J , Page 96, in the Public Registry of Dare County.
TO HAVi� D TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple.
The Grantor coverr(!)is 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 ollk�,etable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all pes whomsoever except for the following exceptions:
1. Ad Valot taxes for 2019 and all subsequent years.
l'X
2. Subject to any easements and restrictive covenants as may appear of record in the Public Registry of Dare County.
This property does not include the pr��ivy residence of the Grantor. (per NC GS § 105-317.2)
IN WITNESS WHEREOF, the Grantor Q duly executed the foregoing as of the day and year first above written.
C� HA SLAND HO ES,
NC.
By: eft. c/r --_(SEAL)
Samuel D. Hagedon, Pre Jdent
STATE OF N L
I, DNJI D Q I , a Notary Public of the County an ate aforesaid, do hereby certify that Samuel D. Hagedon personally
appeared before me this day and acknowledged that he is Preside f Hatteras Island Homes, Inc., a corporation, and acknowledged,
on behalf pf Hatteras Island Homes, Inc., the due execution of the doing instrument. Witness my hand and official stamp or seal,
c
this .� 3 - day of September, 2019.
My Commission Expires: 11 • I 2-02-1D
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RECEIVED
JUL 15 2022
DCM-MHD CITY
ry
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or% GJGCJ ry cvv
V Vuft / uuuuv I'f.J
Exhibit A
No. 2, Fin
n"
's Landing as shown on that map or plat entitled in part "Two Lot Division For
I1[ ras Island Homes, Inc., Finni's Landing, 23270 Midgetts Mobile Court, Rodanthe, NC
279W dated July 11, 2011, prepared by Freddy D. Rankin, PLS, which map is recorded in Plat
Cabine6Slide 96, Dare County Registry.
There is %a conveyed herein that easement as recorded in Book 1573 at Page 269, Dare County
Registry. Y
There is also coad�yed herein that easement and maintenance agreement as recorded in Book 2325
at Page 62, Dare ( umy Registry.
RECEIVED
JUL 15 2022
DCM-MHD CITY
V
VIC,J �1�.11 L4iL
O{^ ()
♦ py.
DAH"a
CUUI�6Y
.nl ItF'AL EWATE
% TRANSI JCR TAX •—
p.
l�ealU A '� �D I
L
i4 M seek: IdA Papa; sae M Id: Na1Na
0ama/]aN 0aaaNPl b IIDT01
ePa sari.: gym,
aMBartP P 0A0Y. REGISTER Or ara0a DPREIDrI'tjer'a Pd: {]0.00
APPROVED
� DARE COUNTY TAX
1NIIIIN1IIIINPIIIN 911111110111I11053W=a�8 '1; ,.]aP
COLL CTOR a ° -
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TNa tga+asnt alauM be m41sd to the IxeMmr. David A. elmn, el Pat gllce Box 750, Avon, NO 27915
0. Brief Index Description: Easement in Rodanthe
CAROLINA DEED OF EASEMENT
THIS DEED OF EASEMENT is made this —q— day of June, 2004, by and between;
ELMA JUNE LAXTON and Husband
JOHN F. LAXTON
O
(hereinafter referred to in the neuter I t ular as "the Grantor") and
HA*ERAS ISLAND HOMES, INC.
A Natth Carolina Corporation
PO'Ba 3
"ION, NORTH CAROLINA 27915
(hereinafter referred to in the neuter singular as';6 Grantee"):
O
WITNLQ ETH:
That the Grantor, for a valuable consideration 1 by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does hereby g A� grant, and sell unto the Grantee, his heirs,
successors and assigns, a permanent, nonexclusive easement over and across the easement described as
follows:
Over and across that certain 2' strip of land located between the South line of a 20'
right of way shown on that certain map or plat of the W. t idgett, Sr. Tract, which map
is further described below, and the south line of the afore54 W. J. Midgelt, Sr. Tract as
shown on the aforesaid plat. together with the right of accesa® g the aforesaid 20' right
of way from the property of the Grantee to N.C. Highway 12. shell be a non-
exclusive permanent easement appurtenant for the benefit of th herein Grantee, his
successors, heirs and assigns, for Ourpose of vehicular access and .�%talladon of and
maintenance to utilities as necessity.
The easement above described and conveyed hereby being more fully des #ied on a plat
entitled "W.J. Midgets, Sr. Tract, Ro[tanthe, N.C., Kinnakeet Township, Dare Cou9,ty", made from
a survey by P.P. Crank, Jr., Registerdd Surveyor, September 8, 1960, and duty moditted in Map
Book 2, Page 146. office of the Register of Deeds of Dare County, N.C., reference® which is
hereby made for a more particular description of the lands above described and the e ent
conveyed hereby.
3 ''VL-
J U N 1 4 2022
To have and to hold the foregoing described) casement to the Grantee, his heir, succealom and assign%,tus forever; it
being agreed that the rights and easement hereby granted are for the use of, and appurtenant to and run with theroperty of the
Grants: located to the South and adjoining the properly ofthe Grantor. The Grantor covenants that they are mead ofthe above
described properly in fee simple in which the nlmr eld fights and casemctta and granted, and they have the right to convey such
easement, that the same if free and clear of all en umbranros, and that they will warrant and defend the title to same against the
lawful claims of all persona whatsoever. RECEIVED
JUL 15 2022
Book 1573 Q6MQMHD CITY
IIIIBIIIIItIINNIfl(U�I�IIIIIIrJII�111dIupIIN 818a 20, p
IN WITNESS WHER4 the Grmtor has hereunto set her hand and seal.
ELKA AM LAXTON
.00
-✓ JOHN F. LAXTON
O
NORTH CAROLINA, DARE COUNTY
Y'(�
I, a Notary Public of the County and Slate sfomashk c Abet Elm June Laxton and John F. Laxton, Grantor personally appemed before
me this day and acknowledged the execution of the fprt ein¢ ipstnuncnt. W imeu my hand and officul sump or seat this � day of
June, 2004. V. J_
My Cononission Ezprrn: /O
•�.��---
• 30 zcb5 r i �JS)`4'd�
Notary Public
='7ti y � J
NORTH CAROLINA, DARE COUNTY .4rrarnll•,;Li '
The y� ForcgoIng �iertifitete(a) of
N411[ idnttertifiedtobewmct.IN, njjj;kment and Ilia certificate am duly registered at the
date and time and in the Book NO Ihge ahoutr on the fast page hercof. o
BARBARA M. GRAY rn ` REGISTER OF DEEDS FOR D
C�-In
1 1 1 oe C 4 DePuyrAeaieW d Reg'yjplof Deeds
J U N 1 4 2022
RECEIVED
JUL 15 2022
DCM-MHD CITY
Book 1573 Pape 289a
G
�10 BK 2325 PG 62 - 65 (4)
v\` This Document eRecorded:
Fee: $26.00
dare County, North Carolina
DOC# 700069117
09/24/2019 01:52:14 PM
Excise Tax: $0.00
Meryl L. House, REGISTER OF DEEDS
Dare County Land Onsfer No.: 3171-19 Land Transfer Tax: 0.00 1985 Sessions Law Chapter 670 (HB 215)
Prepared byO return to:
Dixon & Dix n Law Offices, PLLC
Post Office Box 750
Avon NC 27915
G
STATE OF NORTH�ROLINA
VIC`
COUNTY OF DARE
MAY B 3 2022
i.,e fYI-11
t ii/� E k.
1<1
EASEMEQeAND MAINTENANCE AGREEMENT
This Easement and Mai�tehance Agreement, made this 23rd day of September,
2019 by and between Hatteras Island Homes, Inc., hereinafter, "Party of the First Part"
and Hatteras Island Homes, Inc., het after, "Party of the Second Part"; RECEIVED
O
0.
WIT`)',wFSSETH
JUL 15 2022
WHEREAS, Party of the First Pa wns a parcel of property located ik)GM-MHD CITY
Village of Rodanthe and obtained by that De occorded in Deed Book 1556 at Page 332,
Dare County Public Registry, more particularly described r Lot 1, Firim's Landing as
shown on that plat or map titled in part "Survey for Hatteras Island Homes, Inc. Lots I &
2 Finni's Landing" and recorded in Plat Cabinet J at P ge 96 of the Dare County Registry
(hereinafter, "Parcel 1");
AND WHEREAS, Party of the Second Part owi15 arcel of property also located
in the Village of Avon and obtained by that Deed recorin Deed Book 1556 at Page
332, Dare County Public Registry, more particularly descrif ed(as Lot 2, Firtni's Landing
as shown on that plat or map titled in part "Survey for Hatter4island Homes, Inc. Lots 1
& 2 Finni's Landing" and recorded in Plat Cabinet J at Pagd'96 of the Dare County
Registry (hereinafter, "Parcel 2");
Submitted electronically by 'Dixon & Dixon taw offices" <1('�
in compliance with North Carolina statutes governing recordable docum4r�ts
and the terms of the submi tter agreement with the Dare County Registe f Deeds.
6 --.. ,
till L.SLS tau 03
7Pi�.3i�PPl�i%!r r 11
�O
C� AND WHEREAS, Party of the Second Part desires to construct an improvement
of a commercial or residential dwelling on Parcel 2 and the Dare County Health
Department (hereinafter, Department) has determined Parcel 2 to have inadequate land
,areas for on -site wastewater disposal;
AND WHEREAS, Party of the First Part desires to grant an easement to Party of
the de and Part for the purpose of constructing, operating and maintaining a wastewater
treatrGrt and disposal system and said easement shall be located on Parcel 1;
A WHEREAS, the parties desire to assure that the waste collection, treatment,
and dispos stem of said property is properly constructed, maintained, operated and
repaired in a u dance with the laws, rules and permit conditions in order to protect the
public health, the quality of waters of the State, and the public interest therein.
NOW THE ORE, in consideration of the mutual covenants to be performed
between the parties h to, and other valuable consideration, the receipt and sufficiency
of which is hereby ac edged, the parties agree as follows:
1. The Party �jylie First Part, for good consideration, does hereby grant,
bargain, sell ITl convey unto the Party of the Second Part, their heirs,
successors and jBStgns, an appurtenant and permanent, right, privilege and
easement upon rocel 1 for the purposes of constructing, operating and
maintaining a wastewater treatment and disposal system to be utilized by
all improvements cons ted on Parcel 2, said easement is described as
"Proposed Waste Wa Easement for Lot 2" on the recorded map or plat
referenced above.
RECEIVED
2. The Party of the Second ) does hereby agree to construct, operate and
maintain said wastewater t oetment and disposal system in accordance
with any permits, applicableoles, plans and specifications issued and JUL 15 2022
approved by the Department A shall properly operate, maintain, and
repair such systems in accordance with applicable permit provisions, rules,DCM-MHD CITY
and laws.
3. The Party of the Second Part does eby confirm and agree that the
installation costs of said wastewater tre nt and disposal system shall be
assumed in full by the Party of the Secon tart. The Party of the Second
Part does hereby confirm and agree that tWoperation and maintenance
costs of said wastewater treatment and dispgs%l system shall be assumed
V t in full by the Party of the Second Part. 0
MAY o 3 2022
0
br\ ZjZO t (-, b4
UUUIF /UU(JOWl "I /
4. Party of the Second Part does hereby agree to indemnify the Party of the
First Part and any property owners who sustain any damage which is
related to the maintenance, operation and installation of such wastewater
treatment and disposal system against any and all loss, cost, charge,
liability, or expense arising from the construction and maintenance of said
wastewater treatment and disposal system.
5. In the event that the Party of the Second Part fails to provide for the
operation, maintenance, and repair of the wastewater collection, treatment,
O and disposal system the Department shall intervene to correct such event,
with all charges incurred by the Department in such intervention to
constitute a lien upon the property of the Second Part.
6. This Agreement shall be construed and interpreted under the laws of the
ate of North Carolina.
7. This Agreement shall be binding upon and inure to the benefit of the
parties ereto and their respective heirs, successors and assigns, and shall
run the land.
8. As use in, words in singular include the plural and the masculine
includes tfieeminine and neuter genders, as appropriate.
9. This Agreem� may be executed in two or more counterparts, each of
which shall b"eemed an original, but all of which together shall
constitute but onC d the same instrument.
10. This Agreement wntai' s the entire Agreement between the parties hereto
with respect to the s ct matter hereof and supersedes all negotiations,
prior discussions, agre nts, arrangements and understanding, written or
oral, relating to the subje atter hereof.
11. This Agreement may not b ended except by written instrument duly
executed by or on behalf of al the parties hereto.
12. The invalidity or unenforceabilty for any reason of any particular
provision or provisions of this Agreement shall not affect the other
provisions hereof, and the Agreement all be construed in all respects as
if such invalid and unenforceable pro�'✓✓✓✓✓✓ns were omitted.
13. In the event that Parcel 1 and Parcel 2ar(,"mbined to form one lot and
recognized by Dare County as one parcek�fltis easement shall cease to
exist, and in all aspects be rendered void.
MhY D
3 7.022 14. A copy of this Agreement shall be filed with the1tegister of Deeds of Dare
County. RECEIVED
N•'Wii_.EC d JUL 15 2022
0
DCM-MHD CITY
bK ZJZ0 rh 05 u(JUIF Iuuut:)y i If
0 IN WITNESS WHEREOF, this agreement was executed by the duly authorized
XAN representative of the parties hereto on the day and year written as indicated by each of the
XA'` parties named below.
\-11• ? ,o
0 This the � � of September, 2019.
�TY OF THE FIRST PART:
r
By:
STATE
1, DAN(p rt'k . A 1 VOLJ , a Notary Public of the County and State aforesaid, do
hereby certify that Samuel D. Hagedon personally appeared before me this day and
acknowledged that he is President of Hatteras Island Homes, Inc., a corporation, and
acknowledged, on 16lf of Hatteras Island Homes, Inc., the due execution okthe
foregoing instrumenw,'JWitness my hand and official stamp or seal, this 24 day of
September, 2019. O
My Commission Expir k*Ty • 2 o Z
`� Notary Public
PARTY OF THE SECOND PARy ',
Hatteras H es Inc w
By:
STATE: �j
COUNTY:
1, 'DRJI D 2yl \4^ a Notary Publi�of the County and State aforesaid, do
hereby certify that Samuel D. Hagedon personally appeared before me this day and
acknowledged that he is President of Hatteras Island omes, Inc., a corporation, and
acknowledged, on behalf of Hatteras Island Homes, , the due execution q9the
foregoing instrument. Witness my hand and official S p or seal, this 23 , day of
September, 2019. O`er
My Commission Expires: ����``DAV1,0))r�ir,
WED
0� a0 r' • N ••r' 9a'� O Notary Public
MAY 0 3 2022 = Os, 0? 1 2 \ ��%
�''••., o� RECEIVED
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�aCM-.EC °j�nunnua\\ O JUL 15 2022
06 -DCMVT4b Clri%
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mallplece,
or on the front If snare oermOR.
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7020 3160 11001 2519 1268
Ps Form 3811. July 2020 PSN 7530-02-000-9053
■ Complete items 1, 2, and 3
■ Print your name and address on the reve
rs
so that we can return the card to you.
■ Attach this card to the back of the mallplece,
or on the front if snares ,.-.m;._
X ❑ Agent
❑ Addrel
Received by (PrintedName) C. Dateof III
D. Is delivery address different from Item 17 ❑ Yea
If YES, entw delivery address below: ❑ No
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MAY 0 3 2022
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JUL 15 2022
DCM-MHD CITY
U.S.
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RECEIVED
JUL 15 2022
DCM-MHD CITY
W21/2020
Improvement Permit
Improvement Permit
County of Dare
PO Box Drawer 1000
Manteo NC 27954
��yqY 0
29671
Phone: (252) 475-5080
F
CARd"�
DARE COUNTY DEPARTMENT OF PUBLIC HEALTH
An Improvement Permit (IP) issued pursuant to this application is not affected by change in ownership provided
the site and wastewater characteristics remain unchanged. An IP issued with a plat is valid without expiration. An
IP issued with a site plan is valid for 60 months from the date of issuance.
PIN:065905180974 Parcel: 012572000 Petmit#:29671
Owner Name: FORKOVITCH, JAMES K Permit Date: 5/21/2020
Owner Address: PO BOX 1355 Permit Type: Residential
Owner Address: I'"" / J " 1 Owner Phone: (000)000-
0000
HARRISONBURG, VA22803
DBA
Location: 23270 MIDGETTS MOBILE CT RODANTHE, NC
Subdivision: SUBDIVISION -NONE LOT: 2 BLK: SEC:
Category of System:
REWRITE
Type of Tank:
PRECAST
Size of Tank (gallons):
2000
Type of System:
TYPE IV-B
Amount of Tile (feet):
385
Width of Ditch:
1.5
Rock Under (inches):
6
Rock Above (inches):
2
Number of Bedrooms
8
Sleeping Capacity (persons):
16
Gallons per Day:
960
Type of Water:
Public
Previous Permit Number:
Feet from Water Supply:
10
Feet from Body of Water:
50
Feet from Property Line:
22
Feet from Building:
5
Comments:
FILL AREA 87'X35'X24" WITH 1:3 SIDE SLOPE AS SHOWN. MUST CALL FOR FILL INSPECTION
PRIOR TO CONSTRUCTION AUTHORIZATION BEING ISSUED.
INSTALL SYSTEM AS DESIGNED BY ANLAUF ENGINEERING, P.A. 1000% REPAIR AREA REQUIRED.
ALL WATER LINES MUST BE AT LEAST 10' FROM SYSTEM(S). FINAL STARTUP INSPECTION
REQUIRED WITH EH AND ENGINEER. CERTIFIED OPERATOR REQUIRED FOR SYSTEM.
Note: This Permit is issued subject to all provisions of the 15A NCAC .1900 rules governing the installation of
septic systems. The person making the installation must notify the Health Department when the septic tank system
is ready for inspection. If any septic tank system or part thereof is covered before being inspected and approved, it
shall be uncovered at the direction of the HeglNiOtBcer at the expense of, the one responsible for making the
installation. 'ice
Issued 5/21/2020 By:
Josh Coltrain
Environmental
Sewer Permit Fee: 75
/`t/&'o
ppel licanti re !OE AN F
RECEIVED
httpsl/permits.dawountync.gov/heafh/iPermlt.asp?recld-20671
JUL 15 2022
DCM-MHD CITY
1/1
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Payment Account Number:
000000000000
postage:
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RECEIVED
JUL 15 2022
JUN 14 2022
i
2 of 4
6/7/2022, 4:33 PM
Gmail - FW: LISPS Proof of delivery
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Result for Domestic Tracking Number 7020 3100 0001261912"
clasalservlce
CIaWSeralce: first Class Cedified Mail
Clean, or Yell Cod.10iacrlptim: FC/First Class
Destination Address Information
Address:
182 GRANDVIEW DR
City:
GIASTONBURY
Stela:
CT
5.Dlgit ZIP Code:
06033
4.01911 ZIP Code add on:
3931
Oelhery Point Code:
82
Record Type Code;
Saeet Record
Delivery Type:
Reskenlial, Skewall,
Origin I Return I Pickup Address Information
Add....
city.
Stele:
5 Digll ZIP Code: 21949
4 Digil ZIP Code add on: 9238
TucMng Ecpgas On
March 9.2024
RECEIVED
JUL 15 2022
,,__.DCM-MHD CITY
• _.. a L• 1.,�.
JUN 14 2011
I of4 6/72022, 4:33 PM
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
March 9, 2022
14AR 2 3 K22
Hatteras Beach House, LLC
195 Maple Lake Road E •' -'
Spring Brook Twp, PA 18444
To whom it may concern,
This notification letter is in reference to Hatteras Island Homes Inc. plans to construct a house
within the CAMA Ocean Hazard Area of Environmental Concern. The project is located at
23270 Midgetts Mobile Court in Rodanthe, Dare County, North Carolina. The proposed
improvements include the single family residence, 10'x20' storage shed, 12'x12' gazebo,
6'x320' walkway & stairs to the beach, and 4,250 square feet of wetland fill for the construction
of the proposed house in the CAMA Ocean Hazard AEC.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project. The
attached drawings, applications, and project narrative show in detail the proposed improvements.
Please review the attached drawing and should you have any objections or comments concerning
this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City
Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-
3901 within 30 days of your receipt of this notice. Such Comments will be considered by the
Department in reaching a final decision on the application. No comments within 30 days of your
receipt of this notice will be considered as no objection. If you have any questions on this
project please call me at 252-599-2603, or e-mail me at dougdacc aQRmail.com.
Sinoomly,
lle
Atlantic Environmental Consultants, LLC
RECEIVED
JUL 15 2022
DCM-MHD CITY
Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
March 9, 2022
t4AR 2 3 2r22
Smannon Enterprises, LLC
182 Grandview Drive '
Glastonbury, CT 06033
To whom it may concern,
This notification letter is in reference to Hatteras Island Homes Inc. plans to construct a house
within the CAMA Ocean Hazard Area of Environmental Concern. The project is located at
23270 Midgetts Mobile Court in Rodanthe, Dare County, North Carolina. The proposed
improvements include the single family residence, 10'x20' storage shed, 12'xl2' gazebo,
6'x320' walkway & stairs to the beach, and 4,250 square feet of wetland fill for the construction
of the proposed house in the CAMA Ocean Hazard AEC.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project. The
attached drawings, applications, and project narrative show in detail the proposed improvements.
Please review the attached drawing and should you have any objections or comments concerning
this project, please send your written continents to Ron Renaldi, District Manager, Elizabeth City
Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-
3901 within 30 days of your receipt of this notice. Such Comments will be considered by the
Department in reaching a final decision on the application. No comments within 30 days of your
receipt of this notice will be considered as no objection. If you have any questions on this
project please call me at 252-599-2603, or e-mail me at dougdaec u,gmail.com.
Sincerely,
RECEIVED
Doug Dorman JUL 15 2022
Atlantic Environmental Consultants, LLC
DCM-MHD CITY
Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
March 9, 2022
Jerry Estes
PO Box 74
Tallapoosa, GA 30176
Dear Mr. Estes,
HAS 2 3 2C22
This notification letter is in reference to Hatteras Island Homes Inc. plans to construct a house
within the CAMA Ocean Hazard Area of Environmental Concern. The project is located at
23270 Midgetts Mobile Court in Rodanthe, Dare County, North Carolina. The proposed
improvements include the single family residence, 10'x20' storage shed, 12'xl2' gazebo,
6'x320' walkway & stairs to the beach, and 4,250 square feet of wetland fill for the construction
of the proposed house in the CAMA Ocean Hazard AEC.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project. The
attached drawings, applications, and project narrative show in detail the proposed improvements.
Please review the attached drawing and should you have any objections or comments concerning
this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City
Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-
3901 within 30 days of your receipt of this notice. Such Comments will be considered by the
Department in reaching a final decision on the application. No comments within 30 days of your
receipt of this notice will be considered as no objection. If you have any questions on this
project please call me at 252-599-2603, or e-mail me at dou dg aec@email.coni.
Sincerely,
rou
g Orman
Atlantic Environmental Consultants, LLC
Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com
RECEIVED
JUL 15 2022
DCM-MHD CITY
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
MARC RECKTENWALD
Director
Sam Hagedon
Hatteras Island Homes
PO Box 883
Avon, NC 27915
Project: Midgetts Mobile House
NORTH CAROLINA
Environmental Quality
April 7, 2022
RLE' CI1VL D
MAY 8 3 2t)PY
DCM-EC
Expiration of Acceptance: 10/7/2022
County: Dare
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the Issued 404 PermitI401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
I Impact Looat of
8-dl Il HUC
impact Type
Impact Quantity
Pasquotank
03010205
Non -Riparian Wetland
0.10
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly Williams@ncdenr.gov.
Sincerely, II,, ae //,,_ �
FOR James. B Stanfill
Asset Management Supervisor
cc: Doug Dorman, agent
RECEIVED
JUL 15 2022
����� North Carolina Department or Environmental Quality l Division of MitigallonservxlS�M-MHD CITY
!� 217 West ones Street 11652 Mail Service Center I Raleigh. North Carolina 27699-1652
SAW-2020-0018s /-
U.S. ARMY CORPS OF ENGINEERS R y C Y V S f, J
WILMINGTON DISTRICT
MAY 0 3 2022
Action Id. SAW-2020-00195 County: j ho U.S.G.S. Quad: NC-Rodanthe
NOTIFICATION OF JURISDICTIONAL DETERMINATION DCM--CC
Requestor: Hatteras Island Homes, Inc.
Sam Haeedon
Address: P.O. Box 883
Avon, NC 27915
Telephone Number: (252) 305-2143
E-mail: avon vikine(,vahoo.com
Size (acres) 2.96 NeareslTown Rodanthe
Nearest Waterway North Drain River Basin Albemarle-Chowan
USGS HUC 03010205 Coordinates Latitude: 35.591534
Longitude:-75.463757
Location description: The review area for this Jurisdictional Determination includes Lots I and 2 located on the south side of
Mideetts Mobile Court in Rodanthe Dare County NC. The properties are identified by parcel # 012572001 & 012572000. The
properties total 2.96 acres and contain 0.69 acres of wetlands and 0.05 acres of the North Drain.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 12/3/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project arealproperty, that may be subject to Section 404
of the Clean Water Act (CWAx33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project arealproperty delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps. RECEIVED
JUL 15 2022
DCM-MHD CITY
SAW-2020-00185
❑The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated . We strongly suggest
you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified,
this survey wi 11 provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is
no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on. Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in in Elizabeth City, NC, at (252) 264-3901 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Billy W. Standridee at (910) 251-4595 or
Billv.w.stand rldeeQ.usuce.armv.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 04129/2022.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985, If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHIL IP.A.SHANNIN(rdUSACE.ARMY.M IL
RECEIVED
JUL 15 2022
DCM-MHD CITY
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA
.form
, to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ,f )////,/ J✓
Date of 1D: 04/29/2022 Expiration Date of 1D: Not applicable
MAY 0 3 2022
NC Division of Coastal Management 17 0 7 UA' B C D
Cashier's Official Receipt IIJJ
Date: 20
Received From:
�o w�
�� r/c n'� L 1t t/
$
Permit No.:
b r
Check No.; �e
Applicant's Name:
iyt.z�sLt- ' ,Tc—
Project Address:
3! '�
Z y �� /�! �yt"t"l //C ab`�Y-
�1County:
Cal n n
Please retain receipt for your records as proof of payment for permit issued
Signature of Agent or Applicant: IS,
li
Signature of Field Representative:
Date:
Date:
RECEIVED
JUL 15 2022
DCM-MHD CITY
MAJOR PERMIT FEE MATRIX
Annlicantc Ilatteras I°land Finmoa inr
Selection
Development TTnol$250
DCM %
DWQ
(14300 1601 435100093 1625 6253)
(24300 1602 435100095 2341)
I. Private, non-comm
development that do
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)
involve the filling or
excavation of any wetlands
or open water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C. or D below applies:
III(A). Private, non -
El
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification IN 4175 (See
attached can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4175(See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60%($240)
40% $
(160 )
4175 (see attached) could
be applied, but DCM staff
determined that additional
RECEIVED
review and written DWQ
concurrence is needed
because of concerns
JUL 15 2022
related to water quality or
a uatic life:
DCM-MH
If General Water
®
Quality Certific ion No.
4175 (see attached) cannot
$400
60% ($240)
40% ($160)
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
open water areas.
—This is a word processing form to be completed in Microsoft Word`
NC Division of Coastal Management
Major Permit Application Computer Sheet
(1110112012)
Applicant. Hatteras Island Homes, Inc.; Sam Hagedon and James Forkovitch
Date: 07114122
Project Site County Dare
Staft: Yvonne Carver
District: SElizaboth City
D Washington
[]Morehead City
❑Wilmington
Project Name: Midgelts Mobile House
Let: 35'3529.55"N
Long. 75°2749.92W
Date of Inifiel application submittal (EX., 1/&2007): 05/03f22
Date application "received as complete" in the Field office (EX: 1/&2007): 0524R2
Permit Authorization: MCAMA Dredge & Fill Both
SITE DESCRIP710NIPERMIT INFORMATION
PNA: ElYes ®No
Photos Taken: YesN NoD
Setback Required (riparian): LJYes
No
Critical Habitat: ❑Yes MNO EINOtSure
15 foot waiver obtained: Yes No
Hazard Notification Retumed.,
®Yes ❑No
SAV: Yes RNo OAAotSure
Shell Bottom: Yes CgAlo Not
Temporary Impacts: ®Yes []No
Sure
Sandbags: ❑Yes I@No ❑ Not Sure
Did the land use classification come from
Mitigation Required (optional):
countyLUP: ®Yes []No
®Yes ❑No
Moretodum Conditions: Yes No
Environmental Assessment Done:
❑NA
❑Yes ❑No®NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
High Quality Wafers (HOW) Outstanding Resource Waters (ORW)
WETLANDSWPACTED
(404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
(SS) Glasswod ( Salicomis sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartine
0 (SY) Salt reed grass (Spading
altemifiore)
cynosumides)
(DS) Salt or spike grass (Distichlis
El (SC) Bulbush or three square (Scirpus
0 (M Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlemsh (Jumxls
❑ (SP) Salfhneadow grass (Spartma
roemedanus)
patens)
APPLICATION FEE
No fee required - $0.00
III(A) Private w/D&F up to 1 acre;
0 III(D) Pnv. public orcomm w/D&F to 1
3490 can be applied - $250
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
C3 Major Modification ro a CAMA Mayor
D IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer- $100
III(B) Public or commercial w/D&F to 1
El Express Permit - $2000
acre; 3490 can be applied - $400
Major development extension request -
El 11. Public or commercial/no dredge
$100
androrfill - $400
I. Private no dredge and/or fill - $250
III(C) Pdv. public or comm w/D&F to 1
acre. 3490 can be applied; DCM needs
RECEIVED
DWQ agreement - $400
JUL 15 20-'
252-808.2808 :: I.888.4RCOA8T :: www.nccoastal agement.net DCM-11AHE5vis d:Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, rage a of :+)
Applicant: Hatteras Island Homes, Inc.; Sam Hagedon and James Forkovitch
Date: 07/14/22
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in yourActlWNes code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
Res. Bldg.
I
New Wbrk 0
Replace
45
38
(singefamily)
Maint ❑
❑ Y ® N
Deck (house)
1
New Work
Replace
124
12.5
Maint ❑
❑ Y ® N
Other
8
New work 0
Replace
n/a
Arkin
Main(❑
❑ Y O N
Other
I
New work
Replace
n1a
(driveway)
Maint ❑
❑ Y ® N
Swimming
I
New work 0
Replace
12
24
pool
Maint ❑
❑ Y ® N
Non-resideni
J
New hark
Replace
10
20
bldg. (storage
Maint ❑
❑ Y ® N
shed
Elevated
1
New Work I@
Replete
290
6
accessway
Maint ❑
❑ Y O N
ocean
Gazebo
I
New Work C9
Replace
12
12
Maint ❑
❑ Y ® N
Septic system
I
^few work C9
Replace
80
51.7
Maint❑
❑YON
Other
1
New w'n'
Replace
n/a
(grinder
Maint ❑
❑ Y ® N
um
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Now Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replete
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Now work D
Replace
RECEIVer
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint [I
❑Y❑N
JUL 15 is
New Wbrk 0
Replace
Writ [I
❑Y❑N
D
M-MHD '1
Y
revised Nov. 2012
NC Division of Coastal Mgt. Application rOM1110(ir S1000t, Pa0c 3 of 3)
Applicant: Nations Island Homes, Inc.; Sam Hagedon and James Forkovitch
Date: 07/14/22
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found In your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated finer
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
andior temp
restoration or
temp impact
temp impacts)
Imped amount)
ternimpacts)
amount
USAGE wetland
Dredge ❑ Flit ® Both ❑ Other ❑
3560
3560
Beach
(oceanfront)
Dredge ❑ Fa ❑ Both ❑ Other
1884
1884
Beach
(oceanfront)
Dredge ❑ FAN ❑ Both ❑ Other
2856
2856
Beach
(oceanfront)
Dredge ❑ Fit ® Both ❑ Other ❑
2912
2912
Beach (non-
oceanfront)
Dredge ❑ Fit ® Both ❑ Other ❑
1225
1225
Dredge ❑ FR ❑ Both ❑ Other ❑
Dredge ❑ FM ❑ Both ❑ Other ❑
Dredge ❑ Fit ❑ Both ❑ Other ❑
Dredge ❑ FIR ❑ Both ❑ Other ❑
Dredge ❑ FIN ❑ Both ❑ Other ❑
Dredge ❑ Fit ❑ Both ❑ Other ❑
Dredge ❑ Fit ❑ Both ❑ Other ❑
Dredge ❑ Fit ❑ Both ❑ Other ❑
Dredge ❑ FIt ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
JUL 15 2022
DCM-MHD CITY
252-808.2608 :: 1-888.41PICOAST :: wxrwmccogstalmenagament,nat revised: Nov. 2012
ROY COOPER
Covemar
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
EMAIL MEMORANDUM
NORTH CAROLINA
environmental Quaftty
TO: Theresa Schneider
The Coastland Times
Manteo, NC 27954
legals(a)thecoastla ndti mes.com
FROM: Ella Godfrey
DATE: July 14, 2022
SUBJECT: Public Notice: Hatteras Island Homes, Inc.
Please publish the attached Notice in the Wednesday, July 20, 2022, issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. The State Office of Budget and Management
requires an original Affidavit of Publication prior to payment for newspaper advertising.
Please send me the affidavit, an original copy of the published notice, and an
original invoice.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office (252) 264-3901.
Attachment
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City
Christy Simmons, PIO, DCM, Morehead City
Ellie Davis, Accounts Payable, DCM, Morehead City
File
RECEIVED
JUL 15 2022
DCM-MHD CITY
D_EQ NorthCarolina
City
Department o Environmental Queiry, IDivision
Elizabeth
of Coastal Management
Elizabeth Qty Office 1401 South Griffin Street. Suitt 300 I EII>abeth City, North Carolina 27909
��'� 2522643901
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that application for a development permit in an AEC as designated
under the CAMA was received on 06/24122. Hatteras Island Homes, Inc., proposes to fill
404 wetlands and construct a single-family residence with deck, parking, swimming pool,
storage shed, beach access walkway and gazebo, located at 23270 & 23244 Midgetts
Mobile Court, Rodanthe, in Dare County.
A copy of the entire application may be reviewed at the office of the Division of Coastal
Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 08/09/22, will be considered in
making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Wednesday, July 20, 2022
RECEIVED
JUL 15 2022
DCM-MHD CITY
D _EQJ North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Sidle 300 1 Elizabeth C1ry, North Carolina 27909
,�,.. _� ✓ 2S22643901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 14, 2022
Hatteras Island Homes, Inc.
c/o Sam Hagedon & James Forkovitch
P.O. Box 883
Avon, NC 27915
Dear Mr. Hagedon & Mr. Forkovitch:
NORTH CAROLINA
Environmental Qualify
The NC Division of Coastal Management hereby acknowledges receipt of your application
submitted for State approval to fill 404 wetlands and construct a single-family residence with deck,
parking, swimming pool, storage shed, beach access walkway and gazebo at 23270 & 23244
Midgetts Mobile Court, Rodanthe, in Dare County.
It was received complete June 24, 2022 and appears to be adequate for processing at this time.
The projected deadline for making a decision September 7, 2022. An additional 75-day review
period is provided by law when such time is necessary to complete the review. If you have not
been notified of a final action by the initial deadline stated above, you should consider the review
period extended. Under those circumstances, this letter will serve as your notice of an extended
review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from June 24, 2022, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted
at the property of your proposed development. You should post this notice at a conspicuous point
RECEIVED
JUL 15 2022
DCM-MHD CITY
wca D_��� North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909
M��•+�� /'� 252.2643901
Hatteras Island Homes, Inc.
Sam Hagedon & James Forkovitch
July 14, 2022
Page 2 of 2
along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your
property, or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact Yvonne Carver, Field Representative,
if you have any questions and or if you wish to receive a copy of her field report.
Sincerely,
IL �W
Ron R naldi
District Manager, Northeastern District
NC Division of Coastal Management
Enclosure
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC
Yvonne Carver, Field Representative, DCM
Doug Dorman, Atlantic Environmental Consultants, LLC, Kitty Hawk, NC
RECEIVED
JUL 15 2022
DCM-MHD CITY---
NOT 1 (06# 1 0:
CAMA PERMIT
APPLIED FOR
PROJECT: Fill 404 wetlands and construct a single-
family residence with deck, parking, swimming pool,
storage shed, beach access walkway and gazebo.
I�UMME_N i 5 ACCEPT ED THROUGH august 9, 2022
APPLICANT:
Hatteras Island Homes, Inc.
C/o Sam Hagedon & James Forkovitch
P.O. Box 883
Avon, NC 27915
252-305-2143
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW.
Yvonne Carver
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
252-264-3901, ext. 237
ROY COOPER
Governor
ELIZABETH S. BISER
Sec"Wry
BRAXTON DAVIS
Director
July 15, 2022
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-1 B-33)
ereBB bodnar( nctlCnr eoy
SUBJECT: CAMA Review
Applicant: Hatteras Island Homes, Inc.
Project Location: 23270 & 23244 Midgetts Mobile Court, Rodanthe In Dare County
Proposed Project: fill 404 wetlands and construct a single-family residence with deck, parking,
swimming pool, storage shed, beach access walkway and gazebo
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 5, 2022. If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY:
This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE
RECEIVED
DATE
JUL 15 2022
DCM-MHD CITY
D �� North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
• ^""• 252.2643901
DCM Coordinator: Greg Bodnar Distributed Yes® No ❑
Applicant: Hatteras Island Homes, Inc. Distribution Date: 7/15/2022
AGENCY
ECRO
Community Development/LPO
Noah Gilliam
DCM Planner
Charlan Owens ElizCity
Josh Pelletier
Lee Padrick (Beaufort Carteret Craven, Eliz City,
Pamlico, Washington)
USCOE:
Community Assistance
Cultural Resources
Renee Gledhill -Earley
Div. of Water Infrastructure
(No longer public Water Supply)
Cllf Whitfield
Marine Fisheries
James Harrison
NC DOT
David Harris
Shellfish Sanitation
Shannon Jenkins
Sharon Gupton
State Property
Mike Moser
Wanda Hillard
DEMLR/DWR:
Sheri Montalvo
Samir Dumpor
Roger Thorpe
Robert Tankard
DEMLR
Sediment & Erosion-
Storm water-
DWR 401-
WRC
National Heritage Program
Maria Dunn (WARD)
Rodney Butler
DECEIVED
JUL 15 2022
DCM-MHD CITY
Revised; 6/29/2018
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Hatteras Island Homes, Inc.; Sam Hagedon and
James Forkovitch
2. LOCATION OF PROJECT SITE: 23270 & 23244 Midgetts Mobile Court, Rodanthe,
Dare County; adjacent the Atlantic Ocean
Latitude:35°35'29.55"N Longitude:75°27'49.92"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—04/04/22; 05/18/22
Was Applicant Present — No; Yes -Consultant
5. PROCESSING PROCEDURE: Application Received Co lete /24
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification from LUP — S-1
(B) AEC(s) Involved: Ocean Erodible Area (O
(C) Water Dependent: Yes & No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - LPP system (Grinder pump with
wastewater force main)
(F) Type of Structures: Existing — Lot 1: borrow pit; Lot 2: vacant lot
Planned - Lot 1: easement: septic system;
Lot 2: Single-family residence with decks, storage shed, pool, grinder pump
station, beach access walkway with gazebo
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
n/a
3,560 sf404
wetland fill
n/a
(8) Beach (oceanfront)
n/a
2,912 sf
1,884 sf
shading
2,856 sf
disturbed
(C) High ground
n/a
1,225 sf
n/a
(D)
(E)
(F)
Total Area Disturbed: 12,437 sf (.28 acres)
Primary Nursery Area: No RECEIVED
Water Classification: SB Open: Open to shellfish taking
JUL 15 2022
DCM-MHD CITY
Field Investigation Report: Hatteras Island Homes, Inc.
Page 2
8. PROJECT SUMMARY: Fill 404 wetlands and construct a single-family residence with
deck, parking, swimming pool, storage shed, beach access walkway and gazebo.
Project Setting
The project is proposed on two parcels at 23270 and 23244 Midgetts Mobile Court in Rodanthe,
Dare County, and is adjacent the Atlantic Ocean.
• #23270, Lot 2, which is adjacent the north drain (drainage ditch) and the ocean, is an
undeveloped, 44,500 sf parcel with dunes vegetated with sea oats, and transitioning to a
404-wetland area that includes Black needlerush (Juncus roemerianus), Salt meadow
hay (Spartina patens), and Marsh elder (Iva frutescens). This parcel is within the Ocean
Erodible Area (OEA), Area of Environmental Concern (AEC). The OEA AEC is 900',
measured landward from the first line f staD
vegetation (FLSNV), and the
2020 Oceanfront Erosion Rate/Se ck ctominimum setback of 60'or
30 times the shorelin erosi n r e. he minck this parcel is 300'.
• #23244, Lot 1, which adj cen the ort drway 2, is a 57,755 sf parcel
partially within the OE A C. her is a sm40 wetlands near the north
drain, transitioning to n pla d rea h row pit. Other vegetation
includes indigenous gra es, antic Ce far, Pampas grass (Cortaderia),
cattails, and catbrier.
There is an existing, wooden vehicular bridge that crosses over the north drain to access the
ocean -front lots adjacent Midgetts Mobile Court, and transitions east to a gravel and earthen
path.
The riparian property to the northeast is a vacant ocean -front lot; the riparian property directly to
the north is developed with a single-family residence and swimming pool. The riparian property
to the southeast is a vacant lot with 404 wetland vegetation east of the north drain.
Minor Permit #Hi-33-2020 was issued on 04/21/20 to the applicants for a pile -supported single-
family residence to be constructed on the ocean -front lot at an elevation a minimum of 10'
above the 404 wetlands. The development did not occur. On 07/26/2010, Hatteras Island
Homes was denied a development request under Minor Permit #2010-37 that did not meet the
existing setback requirement.
A 404/Buffer Pre -filing meeting request was submitted by the applicant's agent on 04/26/22,
and an email dated 04/28/22 was received as confirmation of the pre -filing meeting request.
The Coastal Waters of the Atlantic Ocean are contiguous with the Pasquotank River Basin
and the water classification is SB. The area is not located in a PNA, and is open to
shellfishing.
RECEIVED
JUL 15 2022
DCM-MHD CITY
Field Investigation Report: Hatteras Island Homes, Inc.
Page 3
Development Proposal
The applicants propose to fill 3,560 square feet of 404 wetlands to construct a 1,714
square -foot (sf) single-family residence with 4,980 square feet of heated space on the
ocean -front lot, with 1,558 (sf) of open decking, 772 sf of gravel driveway and parking. Also
proposed is the installation of a 12'x24' (288 sf) swimming pool, a 10'x20' (200 so storage
shed with wooden floor, a 290'x6' (1,740 sf) beach accessway with a 12'x12' (144 so
gazebo.
The septic system will comprise of a watertight, fiberglass grinder pump station located on
the ocean -front lot and connect to a wastewater system installed in an easement area
located west of the north drain (on the north end of 23244 Midgetts Mobile Court). The
grinder pump and wastewater system will not be located within the 404 wetlands; however,
the 2" wastewater forcemain is proposed to be installed by a directional horizontal drilling
method underneath a section of 404 vegetation.
The applicant has provided a letter from NCDEQ Division of Mitigation Services for non -
riparian wetland impacts equating to 0.10 acres (4,356 sf).
Anticipated Impacts
The development as proposed for the main section of the house, decking and parking will
result in 3,560 sf 404 wetland fill.
The proposed beach access walkway and gazebo will shade 1,884 sf of oceanfront habitat.
The remaining sections of house, decking, driveway/parking, swimming pool, and storage
shed will disturb 2,856 sf of oceanfront habitat.
2,912 sf of fill associated with the septic system will be located within the 900' OEA AEC line
and will impact oceanfront habitat.
1,225 sf of fill associated with the septic system will be located outside of the OEA AEC.
Submitted by: Yvonne Carver
Date: 07/11/22 RECEIVED
JUL 15 2022
DCM-MHD CITY
PROJECT NARRATIVE
Hatteras Island Homes Inc. CAMA Major Permit !UN 14 2022
Parcel: 012572000 & 012572001
April 29, 2022 DCA,7-EG
Proiect Description:
The subject properties are located at 23270 and 23244 Midgetts Mobile Court in
Rodanthe, Dare County, North Carolina adjacent to the Atlantic Ocean.
Hatteras Island Homes Inc. is proposing to build a single family ocean front
residence located adjacent to the Atlantic Ocean. The proposed house is located
as close as possible to the 300' CAMA ocean front setback line to avoid and
minimize impacts to the 404 wetlands. The proposed wetland fill (3,560 sf) is
limited to the house, deck and parking under the house. As per initial comments
from NC Division of Coastal Management we are using the exceptions under
07H.0309 and have moved the pool and 500 sf of open decking within the 300'
CAMA ocean front setback to further avoid and minimize wetland impacts. As a
result of these changes the wetland impacts have been reduced from 4,250 sf to
3,560 sf. The additional improvements to the site include a 10'x20' storage shed
with a wood floor, a 12'x12' gazebo, and a 6'x290' walkway with stairs to the
ocean beach.
Proposed Improvements within the 300' CAMA setback
Shed(10'x20')....................................................................... 200 sf
Gazebo(12'x12')..................................................................... 144 sf
Openwood deck..................................................................... 500 sf
Walkway(6' x 290')..........................(: . 7....................... 1,740 sf
House footprint ............................................... 1,714 sf
Open wood deck ................................. ..... ..................1,558 sf
Pool.................................................... ...................... 288 sf
Driveway and parking............................................................ 772 sf
Shed(10'x20')....................................................................... 200 sf
Gazebo(12'x12')..................................................................... 144 sf
Walkway(6' x 290')..................................................... ....... 1,740 sf
Section 404 Wetlands:
The Section 404 wetland lines have been delineated by Atlantic Environmental
Consultants, LLC and verified by Billy Standridge with the US Army Corps of
Engineers.
RECEIVED
JUL 15 2022
DCM-MHD CITY
• The project proponent hereby certifies that all information contained herein
is true, accurate, and complete to the best of my knowledge and belief.
• The project proponent hereby requests that the certifying authority review
and take action on this CWA 401 certification request within the applicable
reasonable period of time.
. \ 0
ED
I U N 1 4 2022
DILCM-EC
RECEIVED
JUL 15 2022
DCM-MHD CITY
NC 12
MEM
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RECEIVED
JON 2 4 20
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LEGEND:
DCM-EC - EXISTING GRAVEL DRIVE
L - PROPOSED WETLAND FILL AREA(3,560 SF)
- PROPOSED GRAVEL DRIVE AND PARKING
---------- - 404 WETLAND LINE DELINEATED BY ATLANTIC
ENVIRONMENTAL CONSULTANTS, LLC.
- 300' CAMA SETBACK LINE
GENERAL NOTES
• SUBJECT PROPERTY:
Lots 1 & 2 MMaetts Mobile Court
Rodanthe, Dom Bounty, North Curolino
• STREET ADDRESS:
23270 & 23244 Midgette Mobile Court
Rodanthe, NC 27915
• PARCEL ID NUMBER:
012572000 & 012572001
• GLOBAL PIN:
065805180974 & DSSB05092032
• RECORDED REFERENCE:
D.B. 2325 Pg. 0285, D.B. 2609 Pg. 0464
• PARCEL AREA:
Lot 1- 4.4,500 Sq. Ft.
Lot 2- 57.755 Sq. Ft.
• SUBJECT PROPERTY ZONING: S-1
• BUILDING SETBACKS:
FRONT - 25'
SIDE - 10'
REAR - CAMA
\ PROPOSED DEVELOPMENT:
\ - - - - - - FIRST LINE OF STABILE NATURAL VEGETATION - e BEDROOM RESIDENTIAL DMEII91c SINGLE FAMEY7
WOOD FRAME STRUCTURE ON PILING FOUNDATION
- TOTAL HEATED SPACE 4,980 Sq. FL
OPEN WOOD DECKS I= Sq. Ft.
\ - STORAGE SHED 200 Sq. Ft.
I \ _, • PROPOSED DEVELOPMENT IN 300' OCEAN FRONT CAMA SETBACK:
�- -` - POOL AREA 288 Sq. Ft.
TWOOD E20SFL
- STORAGE SHED 0Sq
1 - O.EYATEO WOOD WALKWAY 1,740 Sq. Ft.
- GAZEBO 144 4 FL
2' WASTEWATER FORCFMAIN I
QNSTAUXD BY DIRECTIONAL 4 _�
HORIZONTAL DRILLING METHOD)
= E EXIST17 GRAVEL.
• ` -�� ETfQ` I PA� NG ARESED
PROPOSED DECK I ` `-
497,657j� 0 CO CA0 SF MA SETBACKLOT 2
I E
NIF
s
_� • • e ADDITIONAL PARKING • e e �. - ` r' � ` SMANNON ENTERPRISES. LLIC �I
�' _�` ` e • SPACES UNDER HOUSE
♦ a ` N/F t
I q' • w e' P `• i �` r HATI•F.RAS BEACH HOUSE. LW.
eTz9s.
12' PiAI�P LIFT tAa 71
PROPOSED WETLAN �` 1_4Q,29
1
�TION
jl \ FILL 3,560 SF _ I d
\ e
PROPOSED
CAMA SETBACK---"—'- STORAGg SHEpp _` 1
\ LINE - 300' 1O'X20'(2GOSF) `-
\ PROPOSE `'�_ I PROP12O'$ O GAZEBO
\ WPLKW(LY 12'%10 44 SF)
404 WETLAND LANE 0X290 .��` 1
BY ENVIRONMENTAL CONSULT S, L.LC.
VERIFIED BY USACOE 04/29 22 x�.
1.
\ BERRY E S 6g' 161.93• 1
\- I
FIRST LINE OF VEGETATION -'`�-1
AS OF 05/I8/2022 ROPOSED STAIRS
1
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1 inch = BO• ft. -�
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DCM-MHD CITY 0
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SHEET 1 OF 2
1"a 1
LOCATION SKETCH, NOT TO SCALES EI,
GENER& N07M
/i SEA WK • SUBJECT PROPERTY: Late 1 k 2 Mldgette Mobile Court ,
Rodanthe, Dore County, North Carolina
NC l2 SITE �������� •STREET ADDRESS: 23270 & 2J244 Mldgetta Mobile Court
f L Rodanthe. NC 27915
u
_. LEGEND: • PARCEL ID NUMBER: 0125720DO k D12572001
- EXISTING GRAVEL DRIVE • GLOBAL PIN: z^
085805180974 h 085805092032 i i !. e
AN 2 - 2W • RECORDED REFERENCE: in
® - PROPOSED WETLAND FILL AREA(3,686 SF) D.B. 2325 Pg. 0285, D.B. 26os Pg. o46a
'PARCEL AREA: Lot 1- 44.500 Sq. Ft. ' = a iu A
®��-•,_� -PROPOSED GRAVEL DRIVE AND PARKING Lot 2- 57,755 Sq. Ft. s„ o
IEtlkl UIfIl L • SUBJECT PROPERTY ZONING: S-1 4 �j_C F a a°
404 WETLAND LINE DELINEATED BY ATLANTIC •BUILDING SETBACKS: ` y ` -
ENVIRONMENTAL CONSULTANTS, LLC. FRONT - 25' O
- 300' CAMA SETBACK LINE REAR -SIDE - 1CAMA
Fm AVOIE - - - - - - FIRST LINE OF STABILE NATURAL VEGETATION • PROPOSED DEVELOPMENT: It N w
- B BEDROOM RESIDENTIAL DWELLING (9NGLE FAMILY) �1 m
;�"l WOOD FRAME STRUCTURE ON PILING FOUNDATION
- TOTAL HEATED SPACE 4.M Sq. FL
OPEN WOOD DECKS 1.558 4 Ft = o
STORAGE SHED 200 Sq. Ft. N
�� • PROPOSED DEVELOPMENT IN 300. OCEAN FRONT CAMA SETBACK: L�
- POOL AREA 288 Sq. Ft Q
yp - OPEN WOOD DECKS 430 Sq. Ft. (EXCLUDING POOL DECK)
- STORAGE SHED 2DO E,, ICI I -� - ELEVATED WOOD WAI WAY 1,740 Sq. FL -
ri
GAZEBO 144 Ft
- CRAVEN. PARK1255 Sq Ft. • nn^^^ ��^^
2• WASTEWATER FORCEMANN 51
(INSTALLED BY DIRECTIONAL I I T \= tt33i3
\ HORIZONTAL DRILLING METHOD)
D ��'- E'X AU 100 GRAVEL
• ,• Z9.B ; =D �� I T YYY pY, 3pI, Yp, pY, ..m w• e \� ,
^ _ • ` YD PROPOSED GRAVEL .�
I •;' 11 , �-� uj 7
`.g, • . ` PARKING AREA
m. n • r e • 497•5l 8�= `I • I �I�4(.
LOT 2
o• e • r 14,500 Bq ft e • a• a a 1.0a:NIh+
• • ' WATER
ULE TIGHT GRINDER. • a -� SMANNON ENT'ERPRLUS,
r VT �
I 'ADDITIONAL PARKING B
``-
S��gyp92 SPACES UNDER HOUSE • ' ` iiA I IACH :HOUSE LI.C�
CL
PROPOSED WETLAN .�. T f`6 '2 Ld
N 1' _ 1 0 J
FILL 3,886 SF
LILJ N _._. _ _. -_- • O
OPO
CAMA SETBACK 'STORAGE SHED t N t t S a N
` ! 10'X20 2005E 8'%290P�� �R 1 , 12 X(2 144
_ LTNE - 300' POP ED GAZEBO O I—
wnu°Pcw v � 1 R � S� � i p —j W I
aoa WETLAND T3NE a ATLANTIC OCEAN Z W
BY ENVIRONMENTAL CONSULT S, LLQ. \_
VERIFIED HY U3ACOE 04/29 22 I - 769
1>2
5 . FRRST LINE OF VEGETATION �w��-I�AS OF 05/18/2022 ROPOSED `iTAIR$ �- I (n 6V- eVRW
4 F—
PPS SLA&ION Pt1HD
I inch 80' ft.
GRAPHIC SCALE
-` SHEET 1 OF 2 ! i
LOCATION SKETCH, NHT TO SCALE �
GENERAL NOTES 4
SEA ERNE • SUBJECT PROPERTY: Vi1
�� Rodonthe, Dore 9Mobileetts County, North Carolina = i
NC 12 SITE LEGEND: • STREET ADDRESS: 23270 & 23244 Midgette Mobile Court r
- EXISTING GRAVEL DRIVE Rodanthe, NC 27915
• PARCEL ID NUMBER: 0125720DO & 012572001 = x o E
n
- PROPOSED WETLAND FILL AREA(3,686 SF) • GLOBAL PIN: 065805180974 & 065605092032 V g S
- PROPOSED GRAVEL DRIVE AND PARKING • RECORDED REFERENCE: D.B. 2325 Pg. 0285. D.B. 2609 Pg. G464 x ^' a
• PARCEL AREA: 9 @ U.
- PROPOSED CONCRETE PARKING Lot 1- 57,500 Sq. Ft. =N$
X" nm Lot 2- 57,755 Sq. Ft. `` a T
• SUBJECT PROPERTY ZONING: S-1 ! x
-- -------- - 404 WETLAND LINE DELINEATED BY ATLANTIC = t; am
•
ENVIRONMENTAL BUILDING SETBACKS: ONMENTAL CONSULTANTS, LLC. - SIDE O ><�
SIDE - 10'
m-
300' CAMA SETBACK LINE REAR - CAMA u o
!A AvDff — — FIRST LINE OF STABILE NATURAL VEGETATION • PROPOSED DEVELOPMENT: 1Z u a W
- 10 BEDROOM RESIMIAL DWELLING (SINGLE FAMILY) �1
WOOD FRAME STRUCTURE ON PILING FOUNDATION V c
- TOTAL HEATED SPACE 4,980 Sq. Ft. \ m
- OPEN WOOD DECKS 1,558 Sq. Ft. = n
- STORAGE SHED 200 Sq. Ft.
' • PROPOSED DEVELOPMENT IN 300' OCEAN FRONT CAMA SETBACK: L
- POOL AREA 288 Sq. Ft Q
- OPEN WOOD DECKS 430 Sq. Ft (EXCLUDING POOL BECK)
U ' - STORAGE SHED 200 Sq. Ft ^�
q - ELEVATED WOOD WALKWAY 1,740 So, Ft - �n
- GAZEBO 144 Sq Ft
- GRAVEL PARKINNG AND DRIVEWAY 1,736 Sp Ft D K,
2• WASTEWATER FORCEMAIN �♦ \i F.,
(INSTALLED BY DIRECTIONAL I I �•' �`•
D HORIZONTAL DRILLING METIiOD) GRAVEL - W III�I�I�I i
=r 29.8zo
lk
A,-.
�a 0 r . • 497 ` "ty.. y PROPOSED GRAVEL
�S = / `, • 11 I; •,
m 2 • • • • • .5_ `-..�. ` PARKIN AREA 7 I '\\'.. '1116*10,1 �
• 8(I it • \ • �^'^,`.Tr:, a ..tip'LOT 2 t.,):��~ •---• r r r r a n a a
D-- 4•sso,.flli - y..�..` -.. 111• .:1, I N ain �C
-`
• • FIBERGLASS GRINDER 'N, •' I :I: 1 Y •--� �• •-- a n a m
• ` • • ON • "s,,: v 1 SYANNON
Putty srATI ENTERPR15E5, ;LLC
WATER TIGHT F: • : I , „� 1 ,T r r r r
A
q 'ADDITIONAL CONCRETE PARKING ; ••I IF
- SPACES UNDER HOUSE BZCH
bT1.92• -� • • ... t (--.z
W CL
11A
ILLI
\�4
PROPOSED WETLAN a. - ', .-; p ' • �'19• •.. b • :'/ : �? f_,', W m
IT -
FILL 3,686 SF
O �� PROPOSED - , a ,' i �� 1 T � ' \ ', t.. r l--• r .-. .� .� �
LLJ
CAMA SETBACK STORA� SH \ 1 r r r r r ,� = d N
LINE - 300' 110'X20 �200SF� ^ , a RGAAS�\EEBO \I'; r r .-� H
WALK \ I 1' IVXJV(144 SF)`, r r r .--r •� 0 _! W
40 WETLAND LINE 6'X290 1 ¢ I : r ATLAN ,TIC ,OCEANr Z LA.1 p
BY ENVIRONMENTAL CONSULT LLG. I J \ - ; ^'•/ i
VERIFIED BY USACOE 04/2 22 p-J ]; 'jL- - r��� g f : ! r r .—� r ,—• ,� Q W M
Q37
91
161.93'- I j: 19 �+�: a' : t •-' r r J 0
ESTES,:.. - i — / I °° +. I r r —. V)
6 / ` `� _. I : FIRST LINE OF VEGETATION — ; 1 �1
1 •� �--� r .-� r .-� N O M I
AS OF 05/18/2022 i ROf?OSED StTAIR$ I : r .--• r r r .� Q Q 04
RECEIVED r r r r a�
` 1 1 y✓ r ,� r .� r LLB
AUG 2 6 2022 Ba 30 0 60' ` Y 1\ ` 2
0 !--� r r r r r M
I inch = 60' 1t. 1 r--• r N o
10P SECTION MHD GRAPHIC SCALE � _ valv
SHEET 1 OF 2 I