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
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- LUPConsistency Determination
3�DCM
Local Permit Officer
Corps of Engineers - Regulatory Branch
DWR-401Section
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DWR-Public Water Supply
t(ZZ
DEMLR- Stormwater
t tIL8(7, 1t
DEMLR-Sedand Erosion
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DOA - State Property Office
Wildlife Resources Commission
DMF - Shellfish Section
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DNCR- Archives&History
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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
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Fftblyl qtegg Elodfagr, AsslatentMo,
plor Permits Q00rdinatdr
NCQE,0r--l)IVIslort of Coastal :R@qa0eirnanf.
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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
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address abavo;byJa?ya
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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
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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"'
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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
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,q
it
0
0
0
0
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m
CO
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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
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