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HomeMy WebLinkAboutDEN 22-01 Forehand Beach Properties LLCDIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: -Fore hand &ar'-Pro fel�ieJ Type: (Check all that apply) New Major Mod Permit# Minor Mod Renewal Transfer Permit Coordinator: Field Representative: Date Time (JacynAr LoeFo'/er Message reca; led t .& l e- DCM Coordinator: 30t'j4-2 Permit #: I>B.( ZZ —n MAH NG DISTRIBUTION SHEET Permittee: /vrel ,.,4 tj ?n, rhr� L4-L !Ic> aa�c ro793 Agents: bna 7 � rlar �G r r 7i'�t'wrn e— G�All /��� ~/� DCM Field Offices f Elizabeth City St{ra9 7 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: Renee Gledhill -Earley at Enviromnental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARO) Jimmy Harrison Washington: Chris Pullinger-401 (Z LL%crL Tina Martin - 401 6�lioger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berne, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Fender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARO) Rodney Butler (NCDOT) Travis Wilson ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Forehand Beach Properties, LLC Brian Forehand PO Box 10793 Wilmington, NC 28404 brian@markerl7marine.com Dear Mr. Forehand: NORTH CAROLINA Environmental Quality March 30, 2022 This letter is in response to your application for a Major Permit under the Coastal Area Management Act (CAMA), in which authorization was requested to construct an extension to an existing docking facility at 1928 West 5th St. in Kill Devil Hills, Dare County. Processing of the application, which was received as complete by the Division of Coastal Management's Elizabeth City Office on December 14, 2021, is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 1) The proposed project would -involve development within,the Public Trust and. Estuarine Waters Areas of Environmental Concern (AEC). 2) The subject property is located adjacent to Colington Creek, which leads to the Roanoke Sound, and currently has a 195ft x 6ft pier with formalized boat slips (authorized under General Permit #79224A) located in water depths of approximately -2ft at Normal Water Level (NWL). 3) The proposed project consists of a 125ft extension to the existing pier, which includes a 24ft x 32ft covered platform, a 32ft x 8ft floating dock and two slips with 15ft x 15ft boat lifts. 4) The proposed project is located in an area with documented submerged aquatic vegetation and is in a Secondary Nursery Area as designated by the NC Division of Marine Fisheries. 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 Page 2 5) The waterward limit of submerged aquatic vegetation at the subject property is approximately 317ft from the shoreline. 6) Water depths at the terminal end of the proposed docking facility are approximately -4ft at NWL. 7) Based upon the above referenced findings, the Division has determined that the proposed project is inconsistent with the following CRC rule: a) 15A NCAC 07H.0208(b)(6)(G)(i), which states in part that a docking facility shall be limited by "not extending beyond the established pier or docking facility length along the same shoreline for similar use." Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Pernut under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A-120(a)(8), which requires denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or local land use plans. If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial letter. A copy of this petition should be filed with this office. Another response to a permit denial available to you is to petition the N.C. Coastal Resources Commission for a. variance to undertake a project that is prohibited by the Rules of the Commission. Applying for a variance requires that you first stipulate that the Division of Coastal Management applied the Rules properly in issuing this denial: You may then request that the Commission vary the rules at issue and show how you believe your request meets the four criteria found at GS 113A-120.1. To apply for a variance, you must file a petition for a variance with the Director of the Division of Coastal Management and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the project and the reasons for requesting a variance. The variance request may be filed at any time but must be filed a minimum of six weeks before a scheduled Commission meeting to be eligible to be heard at that meeting. Information about both a permit appeal in the Office of Administrative Hearings and the Variance process may be obtained by contacting a member of my staff, or by visiting the Division's web page at: https:Hdeq.ne.gov/about/divisions/division-coastal-management. 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 Page 3 Members of my staff are available should you desire assistance in the future. If you have any questions concerning this matter, please contact Mr. Gregg Bodnar at (252) 515-5416 or Gregg.Bodnar@ncdenr.gov. Sincerely, Braxton C. Davis Director, NC Division of Coastal Management cc: Raleigh Bland — U.S. Army Corps of Engineers, Washington, NC Josh Peletier — U.S. Army Corps of Engineers, Washington, NC Richard Rogers, Director, NC Division of Water Resources, Raleigh, NC Paul Wojoski, 401 & Buffer Permitting Branch Supervisor, NC Division of Water Resources, Raleigh, NC Chris Pullinger — N.C. Division of Water Quality, Washington, NC Tina Martin — N.C. Division of Water Quality, Washington, NC u�o-mmu�demw�wa�.w.\ North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 26557 252.808.2808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Forehand Beach Properties, LLC COUNTY: Dare PROJECTNAME: Forehand Residence LOCATION OF PROJECT: 1928 W. Fifth Street, Kill Devil Hills DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-14-21 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes RECEIVED DEC 22 2021 FIELD REPRESENTATIVE: Sarah Loeffler RICT OFFICE: Elizabeth @QM_MHD CITY DISTRICT MANAGER REVIEW: Z� ,j / Date ),;k jai B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 # I APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 12-29-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 2-27-22 EMAIL OUT DATE: 12-22-21 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: I-I8-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 1-12-22 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep t by Zt 7µ o& 4 - LUPConsistency Determination 3�DCM Local Permit Officer Corps of Engineers - Regulatory Branch DWR-401Section 2-1Iq( Zt DWR-Public Water Supply t(ZZ DEMLR- Stormwater t tIL8(7, 1t DEMLR-Sedand Erosion i� t17 DOA - State Property Office Wildlife Resources Commission DMF - Shellfish Section t - (7,Z r. DMF-Habitat& Enhancement 1 ct 12C6Cwwc, rr c+c w DNCR- Archives&History I�],o ZZ DNCR -Natural Heritage Program NCDOT NC Dept of Commerce t N(Lt ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAM Director NORTH CAROLINA Environmental Quality MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, Northeastern District Manager Q �� t F V7 Division of Coastal Management, Elizabeth City FROM: Sarah Loeffler, Field Representative /'1W11 JAN 1 2 2022 Division of Coastal Management, Elizabeth City DATE: January 10, 2022 EAP SE-4COTI N d,,, SUBJECT: Forehand Beach Properties, LLC;1928 W. Fifth Street, Kill Devil Hills Major Permit Recommendations The applicant proposes the construction of a 125'x6' extension to an existing 195'x6' pier terminating in a fixed 24'x32' roofed platform. The applicant is also proposing an additional 8'x32' floating platform and two 15'x15' boat lifts adjacent to the proposed -docking facilit'.Amairio'x4' pedestrian gangway is proposed to connect the fixed platform to the floating platform. The total length of the proposed structure is ±350' The site of the proposed development is located 1928 W Fifth Street, Lot 58 and Lot 59, within the Wright's Shores subdivision. The property is within the Town of Kill Devil Hills in Dare County, and is adjacent to Colington Creek which leads to the Roanoke Sound. The proposed development involves the Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H 0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The applicant proposes to construct a pier extension, platforms, and boat lifts. This sub -paragraph considers these structures as water dependent. D_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth city Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 2522643901 _. -----FnraFrfiA=Rik=Pt>r Pr1'a$, LLC Page 2 of 4 Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the -Estuarine and -Ocean -System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds of submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The development is designed to not interfere with shellfish beds, submerged aquatic vegetation (SAV), and/or spawning and nursery areas. The location is not within any primary nursery areas and is closed to shellfish taking. Although SAV was observed growing in the project area, the extended length of the pier should place the docking facility in an area with sufficient water depth lowering impact on SAV. Paragraph (a)(2) (B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development will not violate water & air quality standards. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: There are no known archaeological or historical resources on the property. Paragraph (a)(2) (D) states that development shall not increase siltation. Consistent: It does not appear that the development will measurably increase siltation. Paragraph (a) (2)(E) states that development shall not create stagnant water bodies. Consistent: It does not appear that the development will create stagnant water bodies. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development will have minimum adverse effects on the life cycles of estuarine resources. Paragraph (a) (2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: Although the pier length proposed is longer than the established pier length along the same shoreline, it should not pose a significant threat to navigation' in that area. Although the voluntary placement of reflectors or other navigational aids on the end of the structure would be encouraged. CEPVffED .... I e ICI q �1 �7�1 North Carolina Department of Environmental Quality I Division of Coastal M n3}�ine I 2 COCL —Efiabeth City Office 1 401 South Griffin Street, Suite 3001 Elisabeth City, Norlh Carollna 27909 2522643901 [nrSECTION EC ION MHD Forehand Beach Properties, LLC January 10, 2022 Page 3 of 4 Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (6) Piers and Dockine Facilities pertain to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (b)(6) (A) states that piers shall not exceed six feet in width. Consistent: Both the existing pier and the proposed pier extension are 6' in width. Paragraph (b)(6)(B) states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Consistent: The shoreline of the property is ± 136 feet in length allowing for 1,088 ft2 of shading impact. The proposed platforms will shade 1,024 ftz. The square footage of the boat lifts is not included as they are uncovered. Therefore, the total area of applicable shading impacts will be less than 1,086 W. Paragraph (b)(6)(C) states piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. Consistent: The development will not impact any wetlands. Paragraph (b)(6)(D) states a boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Consistent: No boathouse is proposed with this development. Paragraph (b)(6)(E) states the total area enclosed by an individual boat lift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift. Consistent: There are two 15'x15' boat lifts proposed with each one enclosing 225 ft2. Therefore, individually neither of the proposed boat lifts exceed 400 W. Paragraph (b)(6)(F) states piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow for second story use. Consistent: The proposed docking facility is all single story, including the roofed platform. Paragraph (b)(6)(G) states piers and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along�t%a�m�o�> for similar use. D Q� North Carolina Department of Environmental Quality I Division of Coastal MaOftentl 2 2022 Elizabeth City Office 1 401 South Griffin Street.Sulte 3001 Elizabeth City. North Carolina 27909 2522643901 y Forehand Beach Properties, LLC January 10, 2022 Page 4 of 4 Inconsistent: The proposed docking facility length is 155' beyond that of the established pier length along the same shoreline. The total lengths of adjacent docking facilities are ±252' to the north and ±210' to the south. The reason given for proposing a longer pier length is to reach deeper water for docking boats and to reduce the impact of the proposed development on SAV beds. (ii) not extending into the channel portion of the water body. Consistent: The pier will not be extended into the channel portion of the water body. (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Consistent: The estimated width of the adjacent waterbody at the project location is estimated to be ± 1,530' across. The proposed docking facility will not be extended beyond ± 350' and is below one-fourth the width of the natural water body. Paragraph (b)(6)(H) states piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of 1 foot each 100 foot increments of length longer than 400 feet. Consistent: The proposed pier is less than 400 feet. Paragraph (b)(6)(1) states piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's area of riparian access. Consistent: The proposed boat lifts located on the northern and southern sides of the docking facility will be ± 41' from the southern and ± 33' from the northern property lines and will not encroach within the 15' setback. Paragraph (b)(6) Q) states applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: The location of the proposed development is adjacent to Colington Creek and is closed to shellfish taking. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application & plans, I do not recommend a permit be issued to Forehand Beach Properties, LLC for the development as proposed due to the inconsistency with state rule 15A NCAC 07H.0208 (b)(6)(G)(i). Although it may reduce SAV impacts, the proposed pier length and docking facility will extend beyond the established pier length along the same shoreline. I EV North Carolina Department of Environmental Quality[ Division of Coastal Manag AieYlt 1 c 2022 m � E Elizabeth City Me 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carollna 27909 2522643901 POP SECTION MHID ROY COOPER GWvMdr ' � L= 1 FM,�sv�l= geoODAVIS Fftblyl qtegg Elodfagr, AsslatentMo, plor Permits Q00rdinatdr NCQE,0r--l)IVIslort of Coastal :R@qa0eirnanf. 400 Qornme . MO.AVO..Mdrtiftaiid0ityi_NG-28557 F43C.iO07 04� 816�(O,,oU4,0r04-4 -- gre b6dftAr0VftcddWfgW. SUBJECT: CAAM Re0ow Applicant: FO.MhandBoach Fmpqq(aa,.LLq PrplactUication; 102M. Pft%rpetS X11.1 0syll tjIlis in Rare 0ouniy. .Pr6posed'Project: Constructs :docking; faqlllty,, qxterid, an :existing: pler and a pedestrian i gangway,conneci(ng the.-flgadand. ifoatkng pji6rlm- Pfegsa,.indlcato below your orl the proposed project-and re&rjl tbkWM o drat to Sedge qt*ilia ,, address abavo;byJa?ya y lz 2022, ltwu have any qyoqtjqqs-egsrdipgjh6 proposed projectcontact aerah REPLY, This -ageriry;iOas no p6fectjoqtqthe .pro . ",Ad4illpp; , it Comma Me jept, ae: proposed. This lagency -has no comment an the p This agencytapproyes 6f..f project only if ft, recommended ch njes hg. a :a l6gorp , orate , d. Sea ei , fteir hed.- Thislaganc t o des ed In Y-objecfs- ffie:p :(6q;attsbh6d . orlb comments. PRINTNAME C I d W fllP71CQ AGENCY pqbll%c wtvt, l If4p& SfOlNell I SIGNATURE M b644�' DATE-w " t l6ral R, E. C r-- I V FL,--_ D JAN 3 2022 MP SECTION MHD Divistwof r*Mtdlw*Mdn( ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Decernber22,2021 MEMORANDUM: NORTH. CAROLINA EnvlronarentalQuality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-1633). gtmgg.hodnarOncdenr gov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills in Dare County Proposed Project: Construct a docking facility, extend an existing pier and a pedestrian gangway connecting the fixed and floating platforms. 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 January 1$ 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-depth comments with supporting data is requested. REPLY: " This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are Incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME h�tlz`7jUMpo2 AGENCY bg SIGNATURE c ) DATE / Z/7�3�Z� it f§'r -irn JAN 3 2022 POP SECTION pp,11D North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth rity, North Carolina 27909 252,264.3901 - From: Thorpe. Roger To: Bodnar. Greac Subject: CAMA Major - Forehand Beach Properties Docking Facility - KDH, Dare County Date: Tuesday, December 28, 2021 9:16:16 AM Gregg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office Washington Regional Office 943 Washington Square Mall Washington, NC 27889 NS'Rrpr C.Af K' kAR E Qj� r+rrwwr++wrww>w w+u-11.� 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 comma ELIZABETH S. BISER Seaetay BRAXTON DAVIS Director Decernber22, 2021 MEMORANDUM: qr SpTF q wen NORTH CAROLINA Environmental Quallty 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) FEeFF.boElnai*@ncdenr.gov Roy SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, KIII Devil Hills in Dare County Proposed Project: Construct a docking facility, extend an existing pier and a pedestrian gangway connecting the fixed and floating platforms. Please indicate below your agency's position or viewpoint on the proposed project and return this form to GrenO Bodnar at the address above by January 12, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-2643901, ext. 232) when appropriate, in-depth comments with supporting data Is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described In the attached comments, PRINTNAME Lee Padrick AGENCY NC Commerce SIGNATURE .� DATE 1-3-22 RFECEI�f JAN 4 2022 NUP SECTION Bvu4�f� _ North Carolina Department of Environmental Quality I Division of Coastal Management D_E Elizabeth City office 1401 Sou Eli Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 sr��y i awn\ 2522643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December22, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greggbodnarl ncdenr.gov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills in Dare County Proposed Project: Construct a docking facility, extend an existing pier and a pedestrian gangway connecting the fixed and floating platforms. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grma Bodnar at the address above by January 12, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE �'17�afa �at/aur! for Shannon Jenkins DATE 1 /5/2022 JAN 5 2022 ®��� North Carolina Department of Environmental Quality l Division of Coastal Management Elizabeth City Office 1401 South Grlfnn Street, Suite 3001 Elizabeth City, North Carolina 27909 2S2.2643901 ROY COOPER Covernor ELIZABETH S. B1SER Secretary BRAXTON DAVIS Director December 22, 2021 MEMORANDUM: NORTH CAROLINA Environmental Qual ty 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 bodnarna ncdenrteov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills In Dare County Proposed Project: Construct a docking facility, extend an existing pier and a pedestflan gangway connecting the fixed and floating platforms. Please indicate below your agency's position or viewpoint on the proposed project and return this torn to Gretnr Bodnar at the address above by January 12, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "'Additional comments may be attached" This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached �I '' J comments. 3 �s PraPose J �,,f„�,t;,.y , irsirli�a9 Solyr� PRINT NAME_ U"ot a (11W AGENCY Q dL�_ y`p i ir— SIGNATURE �i 44td-v— 4l,A per' `+e DATE Creru.Aa. n. l CZ U At J A N 1 1 2022 MAP SECTION NUID �� North Carolina Department of Environmental Quality I Division or Coastal Management nlzabeth Oty0flke 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 uwn.cu+nxe ��--^•�^-•+^�^� / 252264.3901 1W ROY COOPER Governor ELIZABETH S. B►SER Secretary BRAXTON DAVIS Director December22, 2021 NORTH CAROLINA E'nvlronmentol Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bo dnarR ncd enr.eov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills In Dare County Proposed Project: Construct a docking facility, extend an existing pier and a pedestrian gangway connecting the fixed and floating platforms. 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 January 12, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _ This agency has no comment on the proposed project. __ This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF EG A Cf ED SIGNATURE JA.[ZMk H W'l^4W-M JAN 1 2 2022 DATE 12January 2022 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 252.2643901 TO: FROM: SUBJECT: DATE: ROY COOPER Governor ELIZABETH S. BISER Secretary Gregg Bodnar, NCDCM Assistant Major Permits Coordinator James Harrison, NCDMF Fisheries Resource Specialist Forehand Beach Properties, LLC, Dare County 12 January 2022 KATHY B. RAWLS Director A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the permit application for proposed actions that may impact fish and/or fish habitats. The proposed project is located at 1928 W Fifth Street, Kill Devil Hills, within Dare County. The applicant is proposing to construct a 125' by 6' extension onto an existing 195' by 6' pier, terminating in a fixed 24' by 32' roofed platform. The applicant is also proposing an 8' by 32' floating platform on the western side and two 15' by 15' uncovered boat lifts on the northern and southern sides of the platform. A small 10' by 4' gangway is proposed to connect the fixed and floating platforms. Water depths range from -2' to -4' below the normal water line (NWL). Submerged aquatic vegetation (SAV) was found growing within the area, and was verified by DMF staff during multiple site visits. As noted above,.SAV is present within the project area. SAV provides numerous benefits for aquatic species, including providing refuge, nursery, and forage habitat, improved water quality, and nutrient uptake. SAV also provides natural shoreline stabilization, protecting the structures along the coast. As such, it is critical that this habitat be protected from impacts that may occur as a result of coastal development. DMF acknowledges and appreciates the minimization measure of extending the structure so that the docking area is located in deeper waters. This will help to minimize the likelihood of impacts to SAV that can occur from routine use (i.e. prop scarring). However, in order to further protect the SAV in this area, DMF would recommend that the platform dimensions be the minimum possible. DMF would also recommend that either the roof element over the platform be removed from the design, or that a pergola -style roof be incorporated. This will aid in minimizing the shading over SAV, as light penetration is one of the most important factors affecting SAV. Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrisonAncdenngov with any further questions or concerns. RECEIVED J A N , (- ,1"27 State of North Carolina I Division of Manne Fisheries nlr ? SECTION 4 dE -D 3441 Arendell Street I P.O. Bon 769 1 Morehead City, North Carolina 28557 252-726-7021 Roy COOPER GOWM& EMABETHS.111SER S00011ary 0RAkT(*l DAVIS Dllrccror Date riliber 22, 2,0Zl' I AfENQLA FROM: Gregg Bod I her, Assistatit Major Perinits Coordinator lX(QDEQ - DM.ilbp of Coastal Management 40P Commerce Ave., Morehead City, �Nb �8507 SUBJECT: LAMA Review Applkarit:: Forehand beach Properties, Uc Project Lcocatilon: 1929 W Fift 84poti K11110"ll H1116 In Date County Proposed Project: Construct a docking facliltyj extend an qx1stlog plouand .9, pedestrian gangway conneoC ng the , fixed and oatIng platfo rms: or viewpointon the projedrand: Z. it Y60 have any ny D4, ext. 232),;*hen REPLY: This agency -has:no objection to the . project aspro. posed. '`AqdirlonAl Comments, may beadaphad— This agency.has no comment on the proposed project. Thla,agency approves of the. project only ifthe recommended ofthgets are incorporated: 'See attached. objects W. th This agency.. bj eprojeotfqt.tezisonsdescribed inthe,i3ttached comments, PRNTNAME o= AGENCY t4e_ouw9Z,— Ve--f% SIGNATURE DATE RIECOVED JAN 1 3 2022 UP SECTION MHD LllzAbethCftq0fft* I 401.SoutbGrifffiStmet.Sulte300 I Elizabeth City. Worth Camlina 21969 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charlan Owen f ICP,, NE District Planner Division of Coa tal Management, SUBJECT: Major Permit Request by Forehead Beach Properties, LLC to install a 6 foot wide by 125 foot long pier extension with a fixed 24 foot by 32 foot roofed platform, a 4 foot wide by 10 foot long aluminum gangway, a floating 8 foot by 32 foot platform, and two (2) 15 foot by 15 foot boat lifts and remove four (4) tie pilings on Colington Creek; at 1928 West Fifth Street, in the Town of Kill Devil Hills. DATE: January 13, 2022 Consistency Determination: The request is consistent with/not in conflict with the Town of Kill Devil Hills CAMA Land Use Plan certified by the CRC on November 2, 2020. Overview: The .3 acre subject property has 136 linear feet of shoreline along Colington Creek which connects to the Roanoke Sound. Water depths range from -2 to -3.3 feet below Normal Water Level (NWL) from the shoreline to a distance of 270 feet and -4 feet below NWL a distance of 350 from the shoreline. Site elevations range from 8 feet above NWL to 10 feet above NWL. The property is vegetated with lawn grass, shrubs and trees. The property is located within the AE (4) Floodzone. Existing site improvements consist of a single-family house and paved driveway. Existing shoreline improvements consist of a bulkhead, a 6 foot wide by 195 foot long pier and four (4) tie pilings that create two (2) designated slips. The pier was authorized under CAMA General Permit #79224A issued in June 2021 and the tie pilings were authorized under a permit modification in September 2021. Installation of a 6 foot wide by 125 foot long pier extension with a fixed 24 foot by 32 foot roofed terminus platform, a 4 foot wide by 10 foot long aluminum gangway, a floating 8 foot by 32 foot platform, and two (2) 15 foot by 15 foot boat lifts and removal of four (4) tie pilings are proposed. The pier extension will connect to the existing pier. The gangway will connect the fixed platform to the floating platform. Two (2) boat slips will be created. Removal of the four (4) tie pilings will maintain the total number of two (2) slips. RE C EE NED JAN 1 3 2022 ®��� North Carolina Department of Environmental Quality Divisigp pfea!e tdarPOU 9,t, F2 D Elizabeth City Office 1401 South Griffin Street, Suite .3001 El °a ith C*0 O;rWfC 1 a 09 N1 fsAO 252264.3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 The waters of Colington Creek in this area are classified as SC and Joint Waters and are closed to shellfishing. Rooted Submerged Aquatic Vegetation (SAV) was observed to be growing within the waters of the project area at an estimated 75% density. Based on available information, there appear to be no archaeological sites on or near the property. Anticipated Impacts resulting from this project are expected to include: the shading 2,264 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC). The cumulative shading will be 2,984 sq. ft. Basis for Determination: The Town of Kill Devil Hills Future Land Use Map identified the adjacent lots as "Low Density Residential". The following LUP policies may be applicable to this request. Public Access: P.1, Page 6-6. "The Town supports the provision of access to the shoreline for residents and visitors of Kill Devil Hills, including persons with disabilities." Natural Hazards: P.26, Page 6-11. "The Town supports the guidelines of the Coastal Area Management Act (CAMA) and the associated policies of the Coastal Resources Commission (CRC)..." JAN 1 3 2022 w IF� 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 i—wmamr� 252.2643901 Received: 01/05/2022 .._� State Historic Preservation Office - ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December22, 2021 NORTH CAROLINA Environmental Quality ER 21-2181 Due: 1/13/2022 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) gregg.bodnar( ncdenr.eov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills in Dare County Proposed Project: Construct a docking facility, extend an existing pier and a pedestrian gangway connecting the fixed and floating platforms. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grean Bodnar at the address above by January 12, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME_ Renee GledhiMarley AGENCY State Historic Preservation Office RE OED SIGNATUREi DATE January 19, 2022 JAN 2 0 2022 MP SECTION IMHD North Carolina Department of Environmental Quality l Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 w,mcaae �' 252.264.3901 W. ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Forehand Beach Properties, LLC c/o Brian Forehead P.O. Box 10793 Wilmington, NC 28404 NORTH CAROLINA Environmental Quality February 10, 2022 DWR # 2021-1858 V1 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 1928 W. Fifth Street- Dare County - Construct a docking facility, extend and existing pier and a pedestrian gangway connecting the fixed and floating platforms. Dear Mr. Forehead: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on December 20, 2021. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b) (c)]] Type of Impact Amount Approved Amount Approved Plan location/ (units) (units) Reference Permanent Temporary Attached Open Water - Shaded OS-1 0.05 (acres) 1 0 (areas) Plan Sheets 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 4175. [15A NCAC 02B .0507(c)] If D ri North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall l Washington, North Carolina 27889 M n= 252.946.6481 W Continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place Within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3) (01 4. The permittee shall report to the Washington Regional Office any noncompliance With this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .02001. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. S. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51 Lit These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htM, //www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 uw� enoi� um�unmmm� /`� 252.946.6481 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act Please contact Tina Martin at 252-948-3844 or tina.martin@ncdering_ov if you have any questions or concerns. Sincerely, ROW T"." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4139 Certification of Completion cc: Gregg Bodnar- CAMA Sarah Loeffler - CAMA Laserfiche/DWR file copy eplftAV :North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mail I Washington, North Carolina 27889 252.946.6481 ROY COOPER Governor ELIZABETH S. B1SER Sectcrary BRAXTON DAVIS Director C, 21 r 1-2 zs . D l Deceritber22, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits. Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33)' g[egg hodmrCdn ��cdrnr eov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills In Dare County Proposed Project: Construct a docking facility, extend an existing pier and a pedestrian gangway connecting the fixed and floating platforms. Please indicate below your agency's position or viewpoint on the proposed project and return thisform to Greoa Bodnar at the address above by January 1Z 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ."Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME_ mc✓,,1.4 "1\ AGENCY SIGNATURE �l a DATE12—? Q20 E' VffED JAN 1 2 2022 Wg? SECT 0bN t^� ri' ) North Carolina Department of Environmental Quality I Dlvislon orCoastal Management ElWheth City Office 1 401 South Grifnn Street, Suite 30o I Etlrabeth City, North Caroltrta 27909 252,2643901 ON MP-1 APPLICATION for Major Development Permit DEC - 4 2021 (last revised 1227 06) North Carolina DIVISION OF COASTAL MANAGEMENT Business Name Project Name (i( applicable) Forehand Beach Properties, LIC Forehand residence Applicant 1: First Name MI Last Name Brian Forehand Last Name Applicant 2, Fire[ Name Ml I If additional applicants, please attach an additional page(s) with nemes listed. Mailing ng Address PO Box city Slate 10793 Wilmington NC ZIP Country Phone No. : FAX No 284p1- 252 - 945.8"tj ext. - - Street Address Of different from above) City l State ZIP Email 2. Agent/Contractorinformation Business Name _ * A lliAt btG DEC 22 ZIP Agent/ Contractor 1 First Name MI Last Name l DCM-MHD, CITY Agent/ Contractor 2. First Name MI Last Name Mailing Address PO Box City Slal to ZIP Phone No 1 Phone No 2 - - ext. - - ext, FAX No Contractor N Street Address (if di%rent from above) City Stale ZIP I Email <Form continues on back> 257-808.2303 1.838.4RCOAST :: wvvw.nccosstelmensgament.net Form DCM MP-1 (Page 0 �) JULf32021 County (can be multiple) Street Address APPLICATION for Major Development Permit Slate Rd. N Ivzu west b'- Street Subdivision Name City, state zip . Wright's Shores Kill Devil Hills NC 27948 - iPhone No Lot No.(s) (Mm may, attach addMortal page aidf (fat) same . - ext. i Lot 58 & 59 • a In which NC nver basin ,s the prolectlocated' b Name of body of water nearest to proposed project Pasquotank Coljngton Creek c Is the water body identified in fb) above. natural or manmadep d Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑unknown Roanoke Sound e Is proposed work within city limits or planning ,ureadictim, if If aneJir•nN. v.r .w...I.— eyes ❑No a Total Length of shoreline on the traa (ft ) 136 o Sao or Individual 01(91 : If .nany:or sres, please attach 3odfaoret page with a asf) a Vegetation in tract lawn grass and landscaping mature oak and pine work falls within - ➢ Kill Devil Hills o Size of entire tract rsq ft.) 0.30 acres or 13,000 sf d. Approximate elevation of tract above NHW ;normeflrgh. wafer,) or NWL lhomlal water level) 8-10 :—]NHW or 5t1NWL I RECEIVED ' tvtanmade feat6res and uses new on tract residence. bulkhead and pier as V A •f 4 v..✓ ( U) fie, p'Wo 2021 DEC 22 g IderlrNj and describe :he "Iserg and uses solemnl :o he proposed Dialect site CITY residential h How aces ocat government _one he :TactIs" opposed oroleci consistentmth he applicable zoning' residential •.A.ZaCn zwlpg comp)ianoa :,nfie l :f apowaple, ,_Yes ENO XNA I Is :fro proposed activity part cf an urban water'ronl -aeeveiopment proposal, ]Yes eNc Has 3 xcfewicnal archaeological assessment been lone for the tract^ if yes attach a Aoy ❑yes eNo ':INA If yes, oy Neor,..' Is :. a orcoosed omfea located n a National Registered Hwcrc District x loss t nvolve a ']Yes eNo ❑NA National Register fisted of ail lbre property' <Form continues on next pages 333-333 2333 . 1-333.AR CO AST .. ww-w i-c3a a : a ma•a3 a.,: ea: Form DCM MP-1 (Page 3 of 4) APPLICATION for m. (i) Are there wetlands on the sites (ii) Are there coastal wetlands on the site DEC - 4 2021 (iii) If yes to either (i) or (h) above, has a delineation been conducted? I) `✓' `v `I- E C (Attach documentation, if available) n. Descnbe existing wastewater treatment facilities. municipal o Describe existing drinking water supply source. mime pal I p Describe existing storm water management or treatment systems. Ma a. Will the project be for commercial, public, or Lb Give a brief description of purpose, use. 1 residential pier and dock enjoyment operations of the project when Major Development Permit []Yes ®No ❑Yes ®No ❑Yes ONO ®PrivatelCommunily c Describe the proposed construction mathodobgytypes of construction equipment to be used during construction the number of each type of equipment and where it is to be stored. standard marine construction RECEIVE[ d List all development activities you propose -, build pier with platform, dock and boallifls DEC 22 20a1 Q-X}GYIf710 Vt DCM-MHD CITY e Are the proposed activities maintenance of an existing protect, new work, or both? new f What is the approximate total disturbed land area resulting from the proposed project? w' I ❑Sq,Ft or ®Acres 1V g. Will the proposed protect encroach on any public easement, public acceseway or other area ❑Yes ONO ❑NA that the public has established use of h Describe location and type of existing and proposed discharges to waters of the state none i. Will wastewater or stonnwater be discharged No a wetland? If yes will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA I Is there any mitigation proposed' ❑Yes ONO ❑NA If yes attach a mitigation proposal <Form continues on back> 252.808.2303 t - a 38.SRC 0AST :. ww N. neeoastalmanag&man t.net Form DCM 11 (Page 4 of 4) APPLICATION for Major Development Permit Y iii IC 1 �.p GS 3f�..l,t .. _Y' AIM Y .W. a. A project narrative. b. An accurate, dated work piat (including plan view and cross -sectional drawings) drawn to scab. Please give the present status of the I proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish work wmpleted and proposed. tbetween sib or location map that is suRciently detailed to guWe agency personnel unfamiliar with the area to the site. d A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that won owners have received a copy of the application and plats by certified mad. Such landowners must be advised that they have 30 days in which to submit comments on the Proposed project to me Division of Coastal Management lie ,yam i'c Name Susan Reynolds Phone No. Address Po Box 1553, NAgs HEad, NC 27959 +sA 6 g. A list of previous stale or federal oemmts Issued for work on the project tract. Include permit numbers. permittee. and issuing dates CAMA General Permit No. 79224 6/1 f2021 In. Signed consultant or agent authorization form. if applicable. . i. Welland 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 And (N.C. G.S. 113A 1-10). if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. .. GDM"Caaon eny.po mnefor►. to gnw on tend, I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of stale and federal review agen�ci'esICt D enter on the aforementioned lands in connection with evaluating information related to this permit application lR®�`uP monitoring of the project. I further certifir that the information provided in this application is truthful to the best of my knowledge. 1 Date November 30, 2021 Print Name „`eF.., %r,���r.�0 DEC 2 2 20 signature .��� DCM-MHD CITY Please Indicate application attachments pertaining to your proposed project. ❑DCM Il Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252-309.2303 : 1.338.4 RC O A 3 T wwwn o e o a s talm anag amen t net Form DCM MP-4 STRUCTURES DEC - 4 2021 (Construction within Public Trust Areas) CI \ 11j 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. a (i) Is the docking facility/marina []Commercial ❑Public/Government ®Pnvates/Communey i.i) Docil and/or pier(s) -.il) Number 1 iii) Length 32(Y total iv) Width 6 v) Floating ❑Yes ONo e ,i) ;ire Platfoams.nduded' Evans ❑No if yes nn Aill Number 4 ,lilt Length 24'iexedl 8•;floating) iv)Width i>Z'ifxed) 32' ifloatinal .v) Floating xYas ONO Vote Roofed areas are -alculafed'rom dnpline dimensions. 3 i) Number of slips omoosed 3 ill Number or silos existing 2 -The two existing slips (i.e. a tie pilings) will be removed upon approval of major permit Cheat :he dr000sed ype of salrg Land oa and access :harnel ]Ocen water dredging For oas;n and/or :rarnel $Open Hater -o :redgirg ,equvea I]Other; o,ease tlescroe <. Tymcei ooat !ergth 32 i1 ilYche'aciiiry gave "e Omrgs' ❑Yes ENO /es %mcer :+ ie :mrgs' b (i) Will the facility be open to the general put300 Dyes )(No d (i) Are Finger Piers mcludedl ❑Yes XNo If yes (ii) Number _L-M1 :NnhL1,K (' La (:l) Length 1kI ly` (rv) Width � (v) Floating ,]Yes ❑Nc NAP( (i) Are Boadifts ndudeV IoYes LNo If yes (it) Number 2 (ii) Length 15' (iv) Width 15' h Check all the types of services to be provided ❑ Full service, .POWirg ravel A and/or roe. repair or maintenance service ❑ Dockage fuel 3rd ^tarme supplies ❑ Dockage "wet silos') only rumoer of slips ❑ Dry storage lancer of boats _ ❑ Boat -ampts). ^umoer of boat ramps ❑ Other pease ]escrbe Describe the .yoical beats :c oe served a g :harter boats sad boats Mixed :yeas pleasure craft 3mr -unat)out. RECEIVED DEC 2 2 Z021 DCM-MHD CITY uN,e:he'aollry oe _par :o :^e gererai oubhc' ❑'r-s ENO 152-6eaas08„1-883-u.RCOA3' Nww.nccoastatmanagamant.net revised: 12 27 06 Form DCM MP-4 (Stru Ctures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in" proposed protect ❑ Office Toilets ❑ Toilets for patrons, Number Location. f- . ❑ Showers ❑ Boatholding tank Dumpoul. Give type and location. OEf. b Descnbe treatment type and disposal locaton for all sanitary wastewater c Descnbe the disposal cf solid waste. Fish offal and trash d. How All overb0ard discharge of sewage from boats be Controlled' a 10 Grve the ocanor and number of 'No Sewage Discharge' signs proposed 0 Grve the ocator and camber of 'Pympout Available' signs proposed Oescroe the soeciai desigr f apolicable for containing .ndusmal ;ype pollutants. sucn as oaim, sandblasting •xaste 3rd oetroQum products. g Where will residue 4or- vessel mamtenarce oe disposed or"' ' Give the number of channel markers and 'No'Nake' signs orociosed Give ^.e ccabor of fuei-rarctirg `ac,lrttes. and describe :re safely measures ormned ;o orotea area racer ivauty RECEIVED 7Pl 'Prhat mill ;e the Tarna ooncy on overnight and ave-aooard dockage' BEG 22 DCM-MHD CITY < Descoce oesigr •reas�,ras :rat orcr-cte Doat oas+n lusrmg' ;ns orclect s 3r expara,pn :f ar axiscng Tar'ra 'what ^Does :f services are ]'ur-ar Cy ^.rowdec^ s :re-tarra.:ccn rg 'sc:nq orcocsec .vdr.r 3 orrmary or secordary nurser, a-aa' ::"as =No 252 a08-18ca :!-03a-s RrOl3' .v_�v�,y.,!_Z astn._.anag_a?!a t,n v! -ev!sed: 122706 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the manna/docking facility proposed wdhm or adjacent to any shellfish harvesting area? ❑Yes ❑No a Is the marna/dockmg facility proposed within or adjacent to coastal wetlands/marsh (CW). submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)l If any boxes are checked. provide the number of square feet affected ❑CW ❑SAV ❑SS ❑WIL []None p Is the proposed manna/dodung facility located within or within dose proximity to any shellfish eases? ❑Yes ❑No BE C { 2021 If yes give the name and address of the Ieaseholder(s), and give the proxirmly to the ease �� •i `faadr,, �+�. ,�y �+r2��� y[•` T ,�'�l.��yy���� �`3'z% �.� Pri,✓.. ,a',.Y��..x ., ;fix. t > ,�„'^ 3 (1) Is the Doalhouse structure(s) ❑Commercial ❑PublibGovernmenl ❑Pnvate/Comrnunay 'ii) Number Jul Length ;iv) Wdth Note Roofed areas are calculated 9dm dnpline :imensrcos e wood. shestpiliat, etc. /fa rWk n use MP-?, Excavation and Fill _ a ;I) Number 'ill Length _ m) AAth b, MEAKWATER (ag„ wood, sheewe, etc.) ®This section not app a '_zngth - o Average ais;ance 'tom NHYJ NY,L=r?recaros Maximum iistance oeyora NH44 W /L or wetands MiIOR(N6 PILINGS and BUOYS a Is the stn,ctureis, ]Commercial ❑PubinciGovemment ❑Privateicommunity Dusta,ce a oe placed oeyora srcreure _ Was 7/,,s 3rocic oe reasered `rpm Taran edge 4:,rasen( A.c.fthesw,rg _ 7. GENERAL IOThis se d Number d Descrrouon of cuoy rover rscnbpor size xkm HEMMED ED s2•a:a2ecs 933-ta:JA3r .yr•q.,ccgea:a;mgnagam�.uat -a-,!sad: 122':6 Form DCM MP-4 (Structures, Page 4 of 4) a Proximity if structure(s) to adjacent npanan oropemy lines 30' Note. For buoy or mooring piling, use arc cf swing including length of vessel. c Width of water body 1 530 a (i) Will navigational aids be required as a result of the prolecto ❑Yes ONo ❑NA 'ill If yes, explain what type and how they will tie implemented b Proxi ndy of structurets) to adjacent docking facilities 50'-t25' d Water depth at •watetward and of structure at NLW or NWL - 4. 01 '_�- Nwl- P� > a. Give complete description I request permission to extend my eRiShlt pier approximately 150 feet beyond the current pier end and build a 24' x 32' covered deck, an 8' x 32' floating dock along with two 15' x 15' bcatlifts. November 30, 2021' DEC 4 2021 F=: RECEIVED DEC 22 2021 DCM-MHD CITY ?3?•a08.232d-33d-1i :O a3' .yry_ya; „g8i 3�:�!amag_a m5 ^t. MA •ewsadl'22"s Cms� Srclinn Drawing tt DEC - 4 1021 M preparrd hy. Brian r-nrrhand Address: 172R Walt 5'—)jrerl, Kill Drvil I lilk. NC, 2 of 7 Date: November 30, 2021 revised: f21r'7.1202,1 `�,rL Existing 6' x 200' access pier v rM n _ o m 0 � f CfO bt, Vew %W44 New pier Extension, covered deck, floating dock and boatlifts (2) Existing tie pilings (4) Wrin,il I liyh W'11" Normal I nw V"' "I Approximate outer edge of SAV This m.p is prepared from data used for the inK xor, of rM1e real l property for tax f�7f pomoses. Alm.ry nformatmn do S.s plate ratt �- as recordM deeds eias and piher prunary pudrt recalls siquld he M.Su1Rfl for verifitatgn of the inbrmamn contained m Ntis map. 192eW Fifth ST Kill Devil Hills NC, 27948 part: Q 161059 e �Om: 987412976470 `• Slip 1 �St�ngP\e<a04EoJ y / � Slip 2 0 Owners: Forehand Beach Properties Tax District: Kill Devil Hills Llc -Primary Owner Subdivision: Wright's Shores BLK-Sec: Lot: 58 & 59 Blk: Sec: Y Building Value: $329,2 SjWoperty Use Residential �� Land Value: $267,00?) *ilding Type: Traditional � Misc Value: $19,800 'Pjs iG Year Built: 1995 �v Total Value: 5616,000 �y I"' \AX. It -.� ol IIN c c M., 'o c M u> 0 L N 4 0 lid L U ;. d 0 O / V �(� �! �-�� Q Z� ' brow. bead a } .�� �� �:;�� _2, _ � .. ,. _� �. �a.12o 2 °-- __.. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Forehand Beach Properties, LLC (c/o Brian Forehand) LOCATION OF PROJECT SITE: 1928 W Fifth Street, Lot 58 & 59 within the Wright's Shores subdivision, Kill Devil Hills, Dare County, adjacent to Colington Creek that leads to the Roanoke Sound. Latitude: 36.033425°N Longitude: - 75.686121°W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/18/21; 8/26/21;10/5/21 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete — 12/14/2021 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Kill Devil Hills Land Classification From LUP - Residential (B) AEC(s) Involved: Public Trust Area (PTA) & Estuarine Water (EW) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing — Municipal Planned — N/A (F) Type of Structures: Existing — Single-family residence, bulkhead, pier, & tie piles (4). Planned — Extended pier, roofed platform, floating platform with a gangway, & boat lifts (2) (G) Estimated Annual Rate of Erosion: None Source — Applicant 7. HABITAT DESCRIPTION: Shaded Filled Other 750 ft2 (pier extension) A) Shallow Bottom PTA & EW AEC's 1,024 ft2 (platforms) 450 ft2 boat lifts B) High Ground Areas & ES AEC's C) Other 1,170 ft2 (existing pier) 40 ft2 (gangway) RECEIVi (D) Total Area Disturbed: t 2,264 ft2 (t 3,434 ft2 with existing pier) (E) Primary Nursery Area: No DEC 22 2021 (F) Water Classification: SC Open to Shellfish Taking: No DCM-MHD CITY PROJECT SUMMARY: The applicant proposes the extension of an existing pier which would end in a covered platform. The applicant is also proposing an additional floating platform, two boat lifts adjacent to the covered area, and a pedestrian gangway connecting the fixed platform to the floating platform. Four existing tie piles are also to be removed. j ECEIVED Field Investigation Report Page 2 Project Settino DEC 22 2021 DCM_MHO CITY The proposed development is located at 1928 W Fifth Street, Lot 58 and Lot 59, within the Wright's Shores subdivision. The property is within the Town of Kill Devil Hills in Dare County, and is adjacent to Colington Creek which leads to the Roanoke Sound. The property is platted at ± 13,000 ft2 (± 0.3 acres) and contains ± 136' of shoreline. Elevations range from ± 8' above normal water level (NWL) to ± 10' above in the high ground area. Man-made features within the property include a single-family residence with a cemented driveway. The property is vegetated with landscape shrubs and domestic lawn grass along with mature oak and pine trees. The shoreline of the property is hardened and contains man-made features including a bulkhead and a pier ending with two tie piles on either side (4 total) creating two designated slips. The property has not been determined to hold any archeological significance. The applicant purchased the property in March 2021 and was issued CAMA General Permit #79224A on 6/1 /2021 for the construction of a 195'x6' pier and the removal of an existing pier and platform. This permit was modified on 9/22/2021 authorizing 4 tie piles creating two designated slips. The waters of Colington Creek are joint waters, classified as SC, and are closed to shellfish taking. The property is located along the eastern shore of Colington Creek and it is ±1,530' across the waterbody to the shoreline of a small island located across from the property. The bottom substrate is hard bottom sand and water depths within the project site range from ±2' to ±4.0' below NWL. No wetlands were found to exist along the shoreline and the location is not within a classified Primary or Secondary Nursery Area. Submerged Aquatic Vegetation (SAV) was observed to be growing, and the area has been evaluated by the Division of Marine Fisheries. A full official SAV survey has not been conducted at this time. The adjacent properties also have shorelines hardened with bulkheads and are similarly developed with man-made structures including single-family residences, piers, platforms, and boat lifts of various sizes. Development Proposal/Project Description The applicant is proposing the construction of a 125'x6' extension onto an existing 195'x6' pier, terminating in a fixed 24'x32' roofed platform. The applicant is also proposing a floating 8'x32' lower platform located on the western side and two 15'x15' uncovered, boat lifts (creating two slips) located on the northern and southern sides of the roofed platform. The existing tie piles are to be removed thus eliminating the two existing designated slips. A small 10'x4' aluminum, pedestrian gangway is proposed to connect the fixed platform to the floating platform. This proposed development would extend the docking facility past the established pier line along the same shoreline to a total proposed length of ±350'. The proposed development would also create a platform with an individual size larger than 400 ft2. These aspects along with increased shading impact elevated the permit from a general to a major permit. Water depths at the proposed development location are ± 2 to ± 3.6' below NWL along the pier and ±4.0' below NWL at the end of the platform area. Rooted SAV was observed to be growing within the waters of the project area at an estimated 75% density. The proposed structures are similar in use as others in the area, but are proposed larger in length and platform size. Structures along the pier line to the north are ± 252' and to the south are ± 210' in length. Field Investigation Report Page 3 The proposed development meets the '/< width rule, and does not encroach within the 15' riparian access setback. The proposed docking facility is ± 41' and ± 130' away from adjacent property lines and structures to the south and ±33' and ± 60' away from adjacent riparian lines and structures to the north. Anticipated Impacts • The proposed docking facility (consisting of two platforms and excluding the pier) will shade 1,024 ft2 of Estuarine Waters and Public Trust Area AEC's. The cumulative shading within those AEC's, including the pier, will be ± 2,984 ft2. • The roofed platform will individually shade 768 ft2 of Estuarine Waters and Public Trust Area AEC's. • The installation of the proposed boat lifts and the removal of the existing designated slips created by 4 existing tie piles will maintain the total number of formalized docking spaces at two slips. • The construction of the proposed pier extension will extend the docking facility ± 155' beyond the established pier or docking facility length along the same shoreline for similar use. Submitted by: Sarah Loeffler Date: December 20. 2021 RECEIVED DEC 22 NZ1 DCM-MHD CITY November 30, 2021 To: NC Coastal Management Attention: Sarah Loeffler — Field Agent 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 Dear Ms. Loeffler: RECEI �� D DEC - 4 2021 DCM- C Please retire my previously submitted CAMA Major permit application and accept this new application for submission. I am asking CAMA for permission to build a private pier and docking facility at 1928 West 5'' Street, Kill Devil Hills, North Carolina. Enclosed is my completed CAMA major permit application. As you will see, I am asking for a pier, covered deck, floating dock and two boat lifts. It is my understanding there was an issue with the original submittal and the changes I made during review caused your agency to recommend that I withdraw my application. With all due respect, I do not understand the totality of the reasoning, but in order to move forward, I am willing to "retire" or withdraw my original application package and re -submit to get this going. I understand the Fisheries Division has been to the property and has located the SAV bed in front of my property and they were supportive of the change I made to move the pier out another 50 feet. As you may recall, I had initially stopped the facility at 300 feet, but at that location I had the platform partially stopping over an area of SAV. To get better water, and to help eliminate any unnecessary destruction of the SAV, I chose to move the entire end of the dock out 50'. 1 hope this satisfies everyone's concerns and your agency can move forward with review of my application. At your request, I have renotified my neighbors and will provide the signed certified mail receipts once I have them, but in the meantime, I ask that you accept this application package for review. Truly, Brian Forehand for Forehand Beach Front Properties, LLC • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. RECEIVED DEC 22 2021 DCM-MHD CITY Af! F .1 1 ROY COOPER r Governor i ELIZABETH S. BISER f Secretary BRAXTON DAVIS NORTH CAROLINA D4ector Environmental Quality February 28, 2022 Brian Forehand brian@markerl7marine.com Dear Mr. Forehand, YZ4J This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to extend an existing docking facility, 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 May 13, 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 10, TM U` Q2P North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 251W81808 A v- `' Bodnar, Gregg From: Sent: To: Subject: Attachments: Afternoon Mr. Forehand, Bodnar, Gregg Monday, February 28, 2022 2:01 PM Brian Forehand Forehand Beach Extension Forehand Beach EXT.pdf Please see above for a copy of the renewal. At this time the Division is finalizing review of the project as it pertains to CRC rule. Once a final decision is made we will notify you of the decision. Regards, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar(@ncdenr.gov Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor JOHN NICHOLSON Interim Secretory KATHY B. RAWLS Director TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Forehand Beach Properties, LLC, Dare County DATE: 8 November 2021 On August 26, 2021, a North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist received and began the review process of a permit application for proposed actions that may impact fish and/or fish habitats. The proposed project is located at 1928 W. Fifth Street in Kill Devil Hills, within Dare County, North Carolina. The applicant's proposal included construction of a 75' by 6' extension to an existing 195' by 6' pier, terminating in a 24' by 32' roofed platform. The applicant also included a floating 8' by 32' lower platform located on the western side of the structure and two 15' by 15' uncovered boat lifts on the northern and southern sides of the platform. The DCM Field Report indicated that submerged aquatic vegetation (SAV) was observed during a site visit on May 18, 2021. Taking into consideration the historic record of SAV presence at this location and the observation of SAV during the DCM site visit, DMF staff conducted a site visit on September 13, 2021 to conduct an unofficial SAV survey. During that survey, DMF found SAV to be growing in thick beds, covering approximately 75%of the proposed footprint. Water depths ranged from around 2' near the terminus of the structure in place to roughly 3.5' at the terminal end of the proposed addition. It was also noted that the structure included unpermitted slips installed within SAV habitat. A follow-up site visit was conducted by DMF and DCM on October 5, 2021, and an additional unofficial SAV survey was conducted. Additional information regarding the proposed structure was discussed, and the new terminal end location was surveyed for SAV presence. Although SAV was still observed at the updated terminus location, the proposal had extended into waters that were approximately 4' during the survey. Extending the terminus of the structure into waters this deep is seen as a significant minimization measure that aims to minimize the impacts to SAV that may result from the construction and use of the structure. Therefore, DMF would have no objection to the application being submitted, as long as this design is adhered to. Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrisonQ.ncdenr.gov with any further questions or concerns. F2EGENE0 DEC 22 2021 State orNorth Carolina I Division of Marino risheries 3441 Mmdell Su cet I P.O. Box 769 1 Ma'ehead City. North Carolim 28557 252-7267021 ,CAMA / DREDGE & FILL ",1 " ' B C D •/ GENERAL PERMIT Previous pertnit# >(New %XModigccJ221 rip C mplete Reissue Partial Reissue Date previous permit issued _ As authorized by the S[ace of orth Caro i a. Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC'�'s 1 4(JU `_ �n n�-" y Rules attached. Applicant Nname fyU�YY�aH6[ &aCk Cyf PV-hL-' ►.LC Project Location: County Address Pt U r G— L X 1 C _T q 3 _ _. ,_ Street Address/ State Road/ Lot #(s) i t.I 2b -W . Fj City VqtIVwtyte1 rVVN StateNL Z1134ci'1044 ,�IV�c'2•}' .� 1-4D•f NOL) ♦ let Phone#(2S2)R1A-Ot,25.E-Mail Subdivision \N I.L'Kk-'`,Z cJyl4)V-d _ yvtaw tlr%L • CO M � Authorized Agent -�---- City V-, i( �J I L H 4 I1tJ ZIP s21-174 3 Affected cW XSEW XPTA ES PT5 Phone # ( ^) River Basin rQ�OT WJC— OEA HHF IH UBA N/A Y _ AEC(s): Adj. Wtr. Body COLL►._O)2 CVtcP�K- QIman /unkn) PWS: J/� G- �� JJ ORW: yes / o® PNA yes 1(0 Closest Mai, Wu-. Body PoavtDhF c:;o -✓t(6 Type of Project/ Activity ier dock)length r f Jwx(O' Fixed Platlormp) _ _, Floating Platform(s) _ __ Finger pie,(s) Groin length number Bulkhead/ Ripraplength ^. avg distance offshore s nmax distance onshore ,/ Basin, channel 1-] cubic yards _ 6' Boat ramp _ -- Boathouse/ Boathit 1"S, Beach Bulldozing Other 14 _ I (4. ctKalc bosh p.siz- 6WL, Shoreline Length SAV: not wre (yes) no Moratorium: n a yes no Photos: i no Wae,er Attached: yes It e A building permit may be required by: _ ( Note Local Planning Jurisdiction) Notes/ Special Conditions 16 A Agent ci<ApphunIerirted Name 1 4/0 LI iie ✓Il ph (JH'A6'_) (Scale: t ryUkI.U'L TG I V� f- —2116" _2 Zr �q, oviZ eacish'nq - Qi2X ( b � � 0 �i �i'0 ✓1 JeAA4 Signature " Please read compliancestatement on back of permit" C)v fr- 2vL, { Applicatlonfee(u Check 6 exi5liN9 10" V4xQaA + Mcl See note on back regarding River Basin rules. t .fin:Lan4 (n(-i1s"reC bh M . . JcLVct•Ll �,L�ti"��j`ilj4/ ,•�••�tV1Z_L, PermitOBlcer s Printed Plante DEC 22 2021 Signature I , 611 1?02,j 16111440211Q01 CITY Issuing Date Expiration Da Inr�fict�tkien Vtgµeb!~vccar�d : t1 r7.2I N IJ E C 4 2021 width of waterbody-1,530' COuVIO" Cxtw- '/• width limitation ` 382' U 8' x 32' floating dock -4.0' NLW/NWL Slip #3A/ Top View Drawing Prepared by: Brian Forehand Address: 1928 West S" Street, Kill Devil Hills, INC Sheet 1 of 2 Date: November 30, 2021 VNi9eA - (211}1=1 OWL Scale: 1" = SU 15' x 15' boatlift� • • �- 15' x 15' boatlift Slip #2 I a s I Slip ql Approximate Riparian Corridor Setback {--ry -3.6' NLW/NWL 24I%32' flixed platform — Approximate Riparian Corridor Setback Approximate Riparian Corridor a Susan Reynolds SAV 350' -3.3' NLW �*— Approximate outer edge of SAV Approximate Riparian Corridor -2.5' NLW F' Existing tie pilings (4) CTo be removes upon approval of major permit 136' q I RECEIVED DEC 22 2021 DCM-MHD CITY Existing Bulkhead - NHWINLW I I_ Forehand Beach Properties L' C eofr,ey=ovncaln ■ 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 mailpiace, or on the front It 6eSCe narmlfc 'jV'Aiij iz'Cll�cLf1) C'G i3 Is5.3 NAms ttCAY1, I�lc Z7 9ti"I Illlnll nil NIIIII II illlilll IlIIIII IIII I III 9590 9402 7050 1225 3820 72 018 1830 0000 9681 6361 PS Form 3811, JUIy 2020 PEN 7530-02-00o-Oos3 rq .0 rt .A ,q it 0 0 0 0 0 m CO A C3 M1 D. Is ES, on address diryerem from Item I1 n YES, ante del cry address below; ServiceType AdjN mail Enalplmr L, AWt Signtue Resncted Oave 7 Cmlfiad Mail® CrtnslerMall^+ Iatee Mak Rabon ,^'d ❑cWMalWpoveryD CoV&ct on DeMven ❑I] SPinnetlyuell� ❑ CNk W palivery ReslrkteJ Dd;v 13 Slgnatum Conlmmation `Wlict" Delivery ❑ I"Bi Mail ad Mail Raab Difi," DOmestlo Retum Receipt DEC 1 4 Z021 DEC 2 2 Z021 DCM-MHD CITY r_— ■ ComPlete'nems 1, 2, end 3. ■ printyour name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or an the front H apace permhe. 1. Ardd*Addresse O; I'UVrtJTfttN (tflhFkk .l ut�t. ()Evtt. Nt1,t.�,rJt. z�'14`6 Iil�lllll III IIII III II IIIIIiIII I IIIIIIIIIII III 2. Mich Remus ........ ... _._ - 7018 1830 0000 9681 638 pS Form 3811, July 2020115N 763602-000-gD69 ❑ Agent Mad Nmnel C. Dete of Delivery Po - I--J1�('ZI Is daNverY BW-aa .._... NO It YES, enter delivery address WOW: ❑ ❑ Priority Ma F Pmsvve 3. Service TyPa ❑ Re9lalemd Mall," ❑ mmt sivalwe &enaNle RntdGted Delwry ❑Vzry Mail Rastdctad •adull O CaV dMan 05,vw eConlymallon"' tl Cenrtrod Mall ReaWted Dern'ay alyatum Confrcmation 1r Cpllect ona Ory DeNvery Realdotad DBWWY Rese ,%mv rl coNect w ad Mall od Mail RW6atad Delivery postal CERTIFIED MAIL5 RECEIPT rrt Donlestric Mail Only cc rn m G I'llATOUSE d Mail fsa f1. 22 � $ n ery ea& eea (d keo.. addW Q ®Romp RaceiM eWawrM --fir - nRrca'pl relwlm:ilc) �T a [ .- ❑ ❑ �Cearc,N Ao Rw&1aJm ❑/uluM1 $1an�IvO ROquYld e - J--`� ❑ QMJ13WaluR Raibkrsda...ye EC - 4 1p�� ❑ Pnage sl.ss 12/01 AO21 m cc Tole Poamea a , � J6 [��a/a�VTrfl$nlToC7e � t } ---------- r..2_ 8tiee1'u'iJAvl lrla_'a- w-_- -. ---------------------- Dotneatic Return RecelPt RECEIVED DEC 22 2021 DCM—MHD CITY DEC 1 4 2D21 DGMA:-C November 30, 2021 LAMA MAJOR PERMIT APPLICATION m ADJACENT RIPARIAN NOTIFICATION FORM Forehand Beach Properties, LLC DEC L 2021 C/o Brian Forehand Po Box 10793 , " Wilmington, NC 28404 Y u` i Certified Mail - Return Receipt Requested To: Geoffrey Fountain 2002 Bay Drive Kill Devil Hills, NC 27948 Dear Mr. Fountain Forehand Beach Properties, LLC is applying for a CAMA Major permit to build a private pier and dock at 1929 West 5 i Street, Kill Devil Hills, NC, adjacent to Kitty Hawk Bay, specifics of the proposed work are in the enclosed application forms end drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notifyCounty,are North Carolina. The development in order to give you the opportunity to comment on the project. Please review the attached Vou of the Permit application and drawings. Should you have any objections to this proposal, please send Your written comments to Sarah Loeffler CAMA Agent, 401 S. Griffin Street, Suite 300, Elizabeth City, NC 27909 within this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of his notice will be considered aays Of s no objection. If you have any questions on this project, please call m brian@markerl7marine.com e at 252-945 8625, ore -mail meat on. Sincerely, Brian Forehand for Forehand Beach Properties, LLC RECEIVED DEC 2 2 2021 DCM-MHD CITY N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY r (Top portion to be completed by owner or their agent) Name of Property Owner: Forehand Beach Properties, LLC Go Brian Forehand DEC - 4 2021 Address of Property: 1928 West 5th Street, Kill Devil Hills, NC t . r% rt r• Mailing Address of Owner: PO BOX 10793 Owner's email: brian l'bmarkerl7madne.comer's Phone#: 252-945-8625 Agent's Name: Agent's Email: Agent ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264-3901. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below ) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner Sim I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner Typed/Printed name of ARPO: Geoffrey Fountain Mailing Address of ARPO: 2002 Bay Drive, Kill Devil Hills NC 27948 ARPO's email: Date: November 30, 2021 ARPO's Phone#: waiver is valid for up to one year from ARPO's Signature" RECEIVED DEC 2 2 2021 DCM-MHD CITY Revised July 2021 November 30, 2021 CAMA MAJOR PERMIT APPLICATION DEC 4 2C21 ADJACENT RIPARIAN NOTIFICATION FORM Forehand Beach Properties, LLC s. ;•, i " r Go Brian Forehand U,L- Po Box 10793 Wilmington, NC 28404 Certified Mail — Return Receipt Requested To: Susan Reynolds PO Box 1553 Nags Head, NC 27959 Dear Ms. Reynolds: Forehand Beach Properties, LLC is applying for a LAMA Major permit to build a private pier and dock at 1928 West S' Street, Kill Devil Hills, NC, adjacent to Kitty Hawk Bay, Dare County, Caroina. specifics of the proposed work are in the enclosed application forms and drawings. As North he adjacent he 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. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Sarah Loeffler CAMA Agent, 401 S. Griffin Street, Suite 300, Elizabeth City, NC 27909 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 comment 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 252-945 8625, or e-mail me at bria n a@ ma rkerl7marine. com Sincerely, RECEIVED Brian Forehand For Forehand Beach Properties, LLC DEC 2 2 ZOZ1 DCM-MHD CITY N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) o�c - a 2,21 Name of Property owner: Forehand Beach Properties, LLC c/o Brian Forehand Address of Property: 1928 West 5th Street, Kill Devil Hills, NC Mailing Address of Owner: PO BOX 10793 owners email: brian(&markerl7marine.coWers Phone#: 252-945-8625 Agent's Name: Agent's Email: Agent Phone#: ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions must be provided with this letter I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264-3901. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or dprap revetments). (If you wish to waive the setback. you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner -OR- RECEIVED I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Susan Reynolds Mailing Address of ARPO: PO BOX 1553, Nags Head NC 27959 ARPO's email: ARPO's Phone#: Date November 30, 2021 *waiver is valid for up to one year from ARPO's Signature" DEC 22 2021 DCM-MHD CITY Revised July 2021 CO BK 2474 PG 894 - 895 (2) DOC# 700093896 � This Document eRecorded: 03/01/2021 04:34:21 PM 11`1 - 1 2".21 Fee: $26.00 Excise Tax: $1,420.00 (Qare County, North Carolina Transfer Tax: $7,100.00 43/ Cheryl L. House, REGISTER OF DEEDS 1 Dare County Land Onsfer No.: 982-21 Land Transfer Tax: 7100.00 1985 Sessions Law Chapter 670 (HB 215) O NORTH CAROLINA �rl GENERAL WARRANTY DEED Excise Tax, S1,420.00 LT# ra, Land Transfer Tax: $7,100.00 Parcel Identifier No. 002161059 Mail after recording to: Gray & Lloyd, LLP 3120 N. Croatia Hwy., Ste. 101, Kill Devil Hills, NC 27948 This instrument was prepared by,8atlra F. Meads, 106A Ascension Drive, Kitty Hawk, NC 27949 F34366 THIS�6ED made this 1 day of March, 2021 by and between XA', GRANTOR 1<11• Elizabeth Ate. Konstanzer, divorced and not remarried ��� PO Box 1176 Kill Davil Hills, NC 27948 — — Ot(�RANTEE R�GS\�SO Forehand Beat�.properties, LLC r�PO BoxI�IZ793 AGM MHO Get Wilmington, NC 28404 The designaton Grantor and Grantee as used herein shall include sai rties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required b text. WITNESSETH, that the Grantor, for a valuable consideration paid by t�Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and con p�i X unto the Grantee in fee simple, all that certain lot or parcel of land situated in Atlantic Township, Dare County, North Carohna and more particularly described as follows:�� Lots No. 58 aid 59, of the subdivision (mown as Wright's Shores as shown on a map or p al t thereof made by Baldwin & Gregg, Engineers, dated October 12, 1970, and recorded in Map Book 4, Page 33, Public Registry of D�County, North Carolina. submitted electronically by "Gray S Lloyd, LLP" �r-1� in compliance with North Carolina statutes governing recordable docQents and the terms of the submitter agreement with the Dare County RegistFr�of Deeds. /, ✓1 k «I � I V U:I I../t/l/1f / VVVJJUJV This instrument was prepared by Laura F. Meads, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the dosing ehorney to the county tax collector upon disbursement of dosing proceeds. O a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 1507 PaN4 '8, Dare County Registry. 0 A maip#biving the above described property is recorded in Plat Book 4, Page 33, and referenced within this instrument. The abo�V �*scnbed property ❑ does ® does not include the primary residence of the Grantor. TO HAVE At0 HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee i nple. And the Grantor ants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, t title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the I I claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property heio ova described is subject to the following exceptions: Ad va_oren taxes _oCr`2021 and all subsequent years. Easemec_s and restrictions appearing of record in Dare County Public Registry. IN WITNESS WHEREOF, the G for has hereunto set his hand and seal, or If corporate, has caused tills instrument to be signed In Itsrate name by its duly authorized 4A.nstanzer e day and yearfirst above written. O (SEAL) (ENTITY NAME) l;zabet Title: RECEIVED �' 1 (sEAL) TAIe: d DEC 22 2021 O(� NORTHCAROLINA pGj} CO'A Z DCM-MHD CITY I certify that the following person(s) personalty appeared bb me this day, each acknowledging to me that he or ape signed the foregci g document: Elizabeth A_ Konstanzer. Wdn hand and official stamp or seal, this the I day My Commission Expires: 0 1 I I% 1 Z 0 ER M - `H�R�( .W T NOtory Public Dore county P � rd yq%H CA%O�`.%'�' ry Public Prir6btary Name: J e tol j�M lt/Wk O C� 4� d 0 0,LC - 4 2021 ROY COOPER Governor ELIZABETH S. BISEP Secretary BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROi INA Environmental Quality TO: Theresa Schneider The Coastland Times Manteo, NC 27954 legals@thecoastlandtimes.com FROM: Ella Godfrey DATE: December 21, 2021 SUBJECT: Public Notice: Forehand Beach Properties, LLC Please publish the attached Notice in the Wednesday, December 29, 2021, 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 RECEIVED cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City DEC 22 2021 Christy Simmons, PIC, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City DCM-MHD CITY File North Carolina Department of Environmental Quality I Division of Coastal Management —' Elizabeth City Office 1401 South Griffin St,m, Suite 300 1 Elizabeth City, North Carolina 27909 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 12/14/21. construct a docking facility that includes extension of an existing pier, floating platform, boat lifts and a pedestrian gangway connecting the fixed and floating platform, located at 1928 W. Fifth Street, Kill Devil Hills in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 01/18/22, 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, December 29, 2021 RECEIVED DEC 2 2 Z021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Grlffln Street, Suite 3001 Elizabeth City. North Carolina 27909 252.264.3901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 21, 2021 Forehand Beach Properties, LLC c/o Brian Forehand P.O. Box 10793 Wilmington, NC 28404 Dear Mr. Forehand: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval to construct a docking facility that includes extension of an existing pier, floating platform, boat lifts and a pedestrian gangway connecting the fixed and floating platform, located at 1928 W. Fifth Street, Kill Devil Hills in Dare County. It was received complete December 14, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 27, 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 December 14, 2021, 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 DEC 22 2021 n %!.-MHD CITY D_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management r Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 +\ / 252.264.3901 Forehand Beach Properties, LLC c/o Brian Forehand December 21, 2021 Page 2 of 2 along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Sarah Loeffler, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Ro '� Ron Ren District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Sarah Loeffler, Field Representative, DCM RECEIVED DEC 22 M1 DCM-MHD CITY W c� _ -NOTT (8010 17,A CAMA PERMIT APPLIES FOR PROJECT: Construct a docking facility, that includes the extension of an existing pier, floating platform, boat lifts and a pedestrian gangway connecting the fixed and floating platforms. COMMENTS ACCEPTED THROUGH January 18, 2022 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW%' Forehand Beach Properties, LLC Sarah Loeffler c/o Brian Forehand 401 S. Griffin Street, Suite 300 P.O. Box 10793 Elizabeth City, NC 27909 Wilmington, NC 28404 252-264-3901, ext. 232 252-945-8625 MAJOR PERMIT FEE MATRIX Applicant: FDVY_I dddu &La- 'Py0p(,✓<(eSi LLC FSelection Development Type Fee DCM % It43001601 4351000931625 6263) DWO % (243001602 436100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0%($0) involve the filling or excavation of any wetlands or o an water areas: Il. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Ej 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 No. 4097 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff RECEIVE determined that additional review and written DWQ concurrence is needed DEC 22 2 because of concerns related to water quality or -MHD life: t General Water Certification No. $400 60% ($240) 40% ($160) see attached) cannot 4407( lie development that s the fillingand/or $475 60%($285) 40%($190) ation of more than one acre of wetlands and/or open water areas: :ITY NC Division of Coastal Management Cashier's Official Receipt 16 2 .) 9 (y C D i Date: I)'?(- I I �4' 20U Received From: _S,v,L` 1 o yi 2-- )o , pin Permit No.: U,4 L 7 V N ✓ &A A /"t U �' L�l Check No.: lit 2l% 12 Applicant's Name: r '��� c.LC Count iZ2�i e y I y Project Address: I -17!�1 r I �'U'�. ��'1'�ta"� } 1 1 ��.\71 1'l�t 1I,� f VC L. T q Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: ' " r Signature of Field Representative: �. Date: ' Date: w I RECEIVED DEC 22 2021 DCM-Ii CITY —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (11/012012) Applicant., Forehand Beach Pmpedias, LLC (clo Brian Forehand) Date: 1202021 Project Site County., Dare StaH.• Sarah Loeffler District IDElizabeth City Washington []Morehead City ❑Wilmington Project Name: Forehand Residence I Rover File: N/A Date of initial application submittal (EX. 1/&2007): 12M4/2O21 Date application "received as comp/ele° in the Field oA9ce (EX., 1/82W7): 12(142021 Permit Authodzation: CAMA Dredge & Flll 0Both SITE DESCRIPTION)PERMIT INFORMATION PNA: Yes No Photos Taken., Yes E No❑ Setback Required (riparian): ❑Yes ENo Critical Habitat: ❑Yes NNo LINotSure 15 foot waiver obtained: Yes ENo Hazard Notification: El Yes NNo SA V. Yes CJNo Not Sure Shell Bottom: Yes ElNo Not Sure Temporary Impads: NYes []No Sandbags: 0 Yes Mite U Not Sure Did the land use classification come from county LUP: ®Yes ❑No Mitigation Required (optional): []Yes ENo Moratorium Conditions: []Yes ❑No ENA Environmental Assessment Done: ❑Yes ENo ❑NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) Future Water Supply (FINS) 0 Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) 0 Outstanding Resource Waters (ORW) WETLANDSWPACTED (404) Corp, of Engineers (Jurisdictional (LS) Sea lavender (Limmium sp.) El (SS) Glesswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosumides) RECEI (DS) Salt or spike grass (Disbchlis ❑ (SC) Bulbush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus (SP) Selt4neadow grass (Spartina reemerianus) patens) APPLICATION FEE No tee required - $0.00 III(A) Private w/ D&F up to 1 acre; LJ III(D) Priv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 can? be applied - $400 Minor Modification to a CAMA Major El Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 fill Public or commercial wl D&F to 1 El Express Permit - $2000 acre; 3490 can be applied - $400 El Major development extension request - 0 It. Public or commerciagno dredge $100 andlorflll - $400 E 1. Private no dredge andlor All - $250 El III(C) Pdv. public or comm w A7&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 /ED 2021 252-808-2808 :: 1.888w1RCOAST n wwN[.neeo8�a ana emont,not revised: 0211 ,I10 NC Division of Coastal Management Application Computer Sheet gage 2 of 3) Applicant: Forehand Beach Properties, LLC (c% Brian Forehand) Date: 12/20/2021 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Length Width Dimension 3 Dimension 4 One One Pier (Extemion) NeW K(&* Rbpleoe 125' 6' Maint ❑ ❑ Y ® N Platform Mew—WAO Replace 24' 32' Maint ❑ ❑ Y O N Platform New Work Replace g 32' Maint ❑ ❑ Y ON Boat Lift 2 New Won Replace 15' 15' Maint❑ ❑Y®N Boardwalk New work Replace ]p' 4 j (GangwayMaint ❑ ❑ Y ON New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work EF Rephwe Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N ED New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace 2 Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N DC -MHO New Work Lj Replace Maint ❑ ❑ Y ❑ N New Wont 0 Replace Mainf ❑ ❑ Y ❑ N New Work ❑ Replace Mainf❑ ❑Y❑N New Work Replace Mainf ❑ ❑ Y ❑ N New Work Replace Main( ❑ ❑ Y ❑ N New Work 0 Replace - Maint ❑ ❑ Y ❑ N New Wotir 0 Replace Maim ❑ ❑ Y ❑ N revised 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Forehand Beach Properties, LLC (c/o Brian Forehand) Date: 12/20/2021 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration endror temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tamp im acts FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Open Water _ Dredge FIN❑ Both [I Other® 3r224112 �� -2,2L- ftz f. Dredge ❑ FNI ❑ Both ❑ Other ❑ Dredge ❑ FrN ❑ Both ❑ Other ❑ Dredge 0 FNI Both 0 Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Bonk ❑ Other ❑ Dredge ❑ F N ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ FiN ❑ Both ❑ Other ❑ Dredge ❑ FNI ❑ Both ❑ offer ❑ Dredge ❑ FNI ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ FNI ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ RECEIVED DEC 2 2 2021 DCPA-MHD CITY 252-808.2808 :: 1.888<RCOAST :: wwv{,nccoa�tnlmanagetnent.not revised: 0215110 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 22. 2021 MEMORANDUM NOR1H CAROL-INA Environmental Quality FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grggg bodnai-Oncdenr.eov SUBJECT: CAMA Review Applicant: Forehand Beach Properties, LLC Project Location: 1928 W. Fifth Street, Kill Devil Hills in Dare County Proposed Project: Construct a docking facility, extend an existing pier and a pedestrian gangway connecting the fixed and floating platforms. 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 January 12, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED PRINT NAME DEC 22 2021 AGENCY SIGNATURE DATE DCM-MHD CITY p North Carolina Department of Environmental Quality l Dlvision of Coastal Management _ �A Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.2643901 DCM Coordinator: Greg Bodnar Applicant: Forehand Beach Properties, LLC Distributed Yes® No ❑ _Distribution Date: 12/22/2021 AGENCY ECRO Community Develo ment/LPO Donna Elliott DCM Planner Charlan Owens ElizCity USCOE: Josh Pelletier Community Assistance Lee Padrick (Beaufort Carteret, Craven, ElizCity, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Clif Whitfield Marine Fisheries James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Mike Moser State Property Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment& Erosion- Samir Dumpor Storm water - RogerThorpe D W R 401- Chris Pullinger WRC Marla Dunn (WARD) National Heritage Program Rodney Butler KEC IVED DEC 22 ZOZI DCM-MHD CITY Revised: 6/29/2018 j ■ 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 mailpiece, or on the front 0 space permits. 1. Article Addressed to: Brian Forehand Marker17Marine 7222 Market St. Wilmington NC 28411 III'lll') I'll IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII 9590 9402 5391 9189 2702 13 7019 0140 0001 0233 9958 A. Signature X .; . FO it xmm ❑ Agent ❑ Atltlressee B. Received by (Printed Name) I C. Dpte of Delivery D. Is delivery address different from Itemi7 ❑ Yes If YES, enter delivery address below: ❑ No Service Type ❑ Priority Mail Fxprei Aduft Signature ❑ Registered Maur- kd Signature Restricted Delivery ❑ Registered Mail Restricted Certified Male Delivery certified Mal Restricted Dal❑ 1 Receipt for Collect on Delivery Merchandise Collect on Delivery Restricted Delivery D Signature Confrn, ion*"' Insured Mal ❑ Signature Confirmation Incurred Mai Restricted Delivery Restricted Delivery _PS Form 3811. July 2015 PSN 7530-02-ODD-9053 Domestic Return Receipt 111111111nn$ IIIIII 9590 9402 5391 9189 2702 13 your name, Division of Coastal Management MA 400 Commerce Avenue 1TY Morehead City, NC 28557 OCR"MHO First -Class Mail Postage 8 Fees Pald USPS Permit No. G-10 11,11,1,1�111,��1111�11,11,111I1fill .11,1111,11111011„111111,11 1� w Bodnar, Gregg From: auto-reply@usps.com Sent: Friday, April 29, 2022 3:06 PM To: Bodnar, Gregg Subject: [External] USPS® Item Delivered, Front Desk/Reception/Mail Room 70190140000102339958 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hello Gregg Bodnar, Your item was delivered to the front desk, recepti a, or mail room at 3:01 2022 in _8411. nt 'Room Visit USPS Tracking® to check the most up-to-date status of your package. Sign up for Informed Delivery® to digitally preview the address side of your incoming letter -sized mail and manage your packages scheduled to arrive soon! To update how frequently you receive emails from USPS, log in to your USPS.com account. Want regular updates on your package? Set up text alerts. 1 USPS Tracking® Track Another Package FAQs > Tracking Number: 94888178982031390114 Remove x Status Not Available The tracking number may be incorrect or the status update is not yet available. Please verify your tracking number and try again later. TI N (D a v 01 7 Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs