54-21 Letter of Refinement

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Allis Holdings LLC
Jim Braithwaite
PO Box 2499
Kitty Hawk, NC 27949
Dear Mr. Braithwaite:
NORTH CAROLINA
Environmental Quality
LETTER OF REFINEMENT
Permit # 54-21
December 5. 2022
This letter is in response to correspondence received on December 1, 2022, from Doug
Dorman of Atlantic Environmental Consultants, LLC, in which it was requested that Major
Permit #54-21 be modified to allow the non -water dependent use of a kayak rental
business to operate out of the authorized gazebo located over Public Trust Waters at the
Waterfront Shops.
Major Permit #54-21 was issued to Allis Holdings LLC on May 3, 2021. This Permit was
issued for the construction of a 10'x10' gazebo with a statement in Condition No. 1 that
read "No non -water dependent uses of structures shall be conducted on, in, or over Public
Trust Waters without permit modification". On June 6, 2022, a request was made to
modify this Permit to allow a non -water dependent use within the gazebo. On July 20,
2022, the modification request was denied based on being inconsistent with 15A NCAC
07H .0208(a)(1). On October 28, 2022, a request was made to evaluate the location of
the Permit site for the possibility that it met the criteria to be considered an Urban
Waterfront as described in 15A NCAC 07H .0209(g). After a review of the Urban
waterfront criteria, it was determined on November 3, 2022, that the location qualified to
be considered an Urban Waterfront and the non -water dependent use of a kayak rental
business may operate within the gazebo.
The project is located at The Waterfront Shops at 1240 Duck Road (NC-12), Town of
Duck, Dare County, adjacent to the Currituck Sound.
Your modification request as described and/or depicted in your submittal dated
December 1, 2022, is hereby authorized as a refinement to CAMA Major Permit #54-21.
All existing conditions remain in effect, with the exception of the statement "No non -
water dependent uses of structures shall be conducted on, in, or over Public Trust
Waters without permit modification" found in Condition No. 1. Any new development
proposed in an Area of Environmental Concern and located within the applicant's
property, may require additional authorization from the Division of Coastal Management
prior to work commencing. The expiration date of December 31, 2024 remains in effect.
This letter is provided to you as a record of the authorization, and should be included
with the Permit file.
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
252.264.3901

Allis Holdings LLC
Jim Braithwaite
December 5, 2022
Page 2 of 2
You may need to obtain a building permit from the Town of Duck.
If you have any questions, please contact me at 252-264-3901.
Sincere)
Ron Renaldi
District Manager, Northeastern District
Division of Coastal Management
cc: Gregg Bodnar, Major Permits Coordinator, DCM, Morehead City
Doug Dorman, Consultant, Atlantic Environmental Consultants, LLC, Kitty Hawk

PO Box 3266, Kitty Hawk, NC 27949
December 1, 2022
Ron Renaldi
District Manager, Northeastern District
NC Division of Coastal Management
401 South Griffin Street, Suite 300
Elizabeth City, NC 27909
RE: Allis Holdings, LLC — CAMA Major Permit #54-21
Dear Mr. Renaldi,
RECEIVED
DEC 0 1 2022
DCM-EC
The following is a Letter of Refinement for Allis Holdings, LLC to change the use of the
existing gazebo at the Water Front Shops located at 1260 Duck Road in Duck, Dare
County, North Carolina.
The original intent and construction of the gazebo was to be used for a kayak rental
facility, but this request was denied in a prior modification request on June 1, 2022.
After further review of the Urban Waterfront criteria found in 15A NCAC 07H .0209(g)
it appears that the property qualifies as Urban Waterfront by the Division of Coastal
Management and subject to the Use Standards listed in 15A NCAC 07H
.0209(g)(4)(A)&(13).
Based on this designation we request that CAMA Major Permit #54-21 be modified to
allow kayak rental business to operate out of the existing gazebo located at the Water
Front Shops. If have questions or need additional information, please contact me at 252-
599-2603.
Sincerely,
m`,
o;u
Atlantic Environmental Consultants, LLC
Cell: [phone] Office: [phone] Email: [e-mail]

Renaldi, Ronald
From: Renaldi, Ronald
Sent: Thursday, November 3, 2022 3:53 PM
To: Bodnar, Gregg; Corbett, Robert W
Subject: FW: [External] Urban Waterfront Designation
Categories: Variances
FYI, This property is the Waterfront Shoppes where we issued a major permit to Allis Holdings
for the 10x10 platform off the boardwalk over the water and denied a non -water -dependent
use (kayak rentals) modification request. We discussed this Tuesday at the Quarterly DM
Meeting and Braxton agreed that this looks to qualify as Urban Waterfront.
With this designation, and if I'm reading the Use Standards in 07H .0209(g)(4)(B) correctly,
they can run the kayak rental out of it since it is retail; however, they cannot enclose it or have
walls of any kind.
Apparently we had been erroneously following a past 2013 decision that areas within the
Town of Duck did not qualify to be Urban Waterfront because it was incorporated after the
effective date of the rule, which we now have learned is not the case.
Gregg, let me know if I'm off base on the non -water dependent use. I'm sure the question is
going to come about this.
Ron Renaldi
District Manager, Northeastern District
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
Office: [phone] ext. 235
QE Q
Dvpartmont a� Enviwnmanta� Oasiiry
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Renaldi, Ronald
Sent: Thursday, November 3, 2022 3:32 PM
1

To: James R. Gilreath, Jr. <[e-mail]>
Subject: RE: [External] Urban Waterfront Designation
Jim,
After reviewing the Urban Waterfront criteria found in 15A NCAC 07H .0209(g) and discussing
it with additional DCM staff, it appears that the property you referenced qualifies to be
considered Urban Waterfront by the Division of Coastal Management and subject to the Use
Standards listed in 15A NCAC 07H .0209(g)(4)(A)&(B).
We do not have a map of Urban Waterfront's available, but existing Urban Waterfront's within
the DCM Elizabeth City District include the downtown Elizabeth City Shoreline, the Town of
Edenton shoreline along Edenton Bay, the Town of Manteo's shoreline along Shallowbag Bay
and the Sandy Point development in Chowan County.
Hope that helps and if you have any further follow-up questions do not hesitate to contact me.
Ron Renaldi
District Manager, Northeastern District
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
Office: [phone] ext. 235
AE
Oapanm¢m al E-Wwmmtal quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: James R. Gilreath, Jr. <[e-mail]>
Sent: Friday, October 28, 2022 10:22 AM
To: Renaldi, Ronald <ronald.renaldi(@ncdenr.eov>
Subject: RE: [External] Urban Waterfront Designation
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Ron: Address is 124o Duck Road, Duck 27949• Fairly certain you don't currently class as Urban
Waterfront, however the parcel and surrounding area appears to fit the definition. Thanks.
Jim
2

James R. Gilreath, Jr.
Rose Harrison Gilreath & Powers, P.C.
Deliveries: 70o Blue Jav St., Suite 1
Mail: Post Office Box 405
Kill DeNil Hills, NC 27948
Telephone: [phone]
Facsimile: [phone]
Email: )iniCeouterbankslaw.com
www.outerbankslaw.com
Rose Harrison
Gilreath & Powers, P.C.
Attorneys and Coumelors at Law
From: Renaldi, Ronald <[e-mail]>
Sent: Friday, October 28, 2022 8:15 AM
To: lames R. Gilreath, Jr. <[e-mail]>
Subject: RE: [External] Urban Waterfront Designation
Good morning Jim,
Could you please provide the property's address or parcel ID number so I can see where it is
located? Once I have that, I can provide some better information on the Urban Waterfront
AEC,
Thanks,
Ron Renaldi
District Manager, Northeastern District
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
Office: [phone] ext. 235
1:'rDEC
Da4.��imenl of fnuitgm�¢n1210uaiity
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

From: James R. Gilreath, Jr. <[e-mail]>
Sent: Thursday, October 27, 2022 3:30 PM
To: Renaldi, Ronald <[e-mail]>
Subject: [External] Urban Waterfront Designation
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Ron: I represent a landowner who appears by the definition of "Urban Waterfront' in i5A NCAC 07H
.0209(g)(1) to own a waterfront Coastal Shoreline parcel located in an area which falls under the
Urban Waterfront definition. I find no rules/regs on how an area actually becomes designated or
considered "Urban Waterfront' but could have easily overlooked the same.
My client would like to avail himself of the use standards afforded to a development approved in an
"Urban Waterfront."
My query is this:
1. Is a parcel/area that meets the Urban Waterfront definition set out in the automatically
classified Urban Waterfront if it meets the criteria in 15A NCAC 07H .0209(g)(1);
2. If not, then what specific rules, regulations or procedures exist to have an area designated
"Urban Waterfront". Are existing Urban Waterfronts defined by map accessible to the public?
I am happy to talk further to understand the Urban Waterfront designation/definition process at your
convenience or if you are not the right contact, please le me know who I can reach out to within your
Division. Thanks.
Jim Gilreath
James R Gilreath, Jr.
Rose Harrison Gilreath & Powers, P.C.
Deliveries: 70o Blue Jay St., Suite i
Mail: Post Office Box 405
Kill Devil Hills, NC 27948
Telephone: [phone]
Facsimile: [phone]
Email: jimna outerbankslaw.com
wv` x.outerbankslaw.com
Rose Harrison
Gilreath & Powers, P.C.
Atw,rn ys and Counselors at Law

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
'Vert"it
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
54-21
Issued to Allis Holdings LLC., PO Box 2499, Kitty Hawk, NC 27949
Authorizing development in Dare County at adj. to Currituck Sound, at 1240 Duck Rd.,
in Duck , as requested in the permittee's application did 11/19/20 (MP-1,3,4), including attached workplan
drawings (4), Sheets 1,2 of 3 both did "Rev 2/18/21", Sheet 3 of 4 did "Rev 3/1/21" and Sheet 4 of 4 dtd 3/1/21
This permit, issued on May 3, 2021 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
n uLcac LUIUM may vc suuJcL;L LU Imc3, IlnPrlSVlllrlellL OF civil acllon; or may cause me permit to ne null ana vota.
Gazebo
1) This permit authorizes only the gazebo and uses located in or over the water that are expressly and
specifically set forth in the permit application. No other structure, whether floating or stationary, shall
become a permanent part of this gazebo without permit modification. No non -water dependent uses
of structures shall be conducted on, in or over Public Trust waters without permit modification.
2) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not
obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches
are permitted. Lattice is specifically excluded from being used under this authorization.
3) The roof of the covered gazebo shall not be designed for second story use.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must- be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Allis Holdings LLC. Permit No. 54-21
Page 2 of 2
ADDITIONAL CONDITIONS
4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
5) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Upland Development
6) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the two (2) pergolas and
the fill associated with the existing bulkhead, all as expressly and specifically set forth in the attached
permit application and workplan drawings.
USACE Conditions
7) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.tivs.govh-aleieh/pdfs/ManateeGuidclines2017.pdi
General
8) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
9) All debris associated with the removal or construction of the permitted development shall be contained
within the authorized project area and removed to an appropriate upland location.
10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-00084).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2016-0748 v2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

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DATE:
PROPOSED BULKHEAD BACKFILL CROSS SECTION A -A
N.T.S.
SHEET 3 OF 4
ALLIS HOLDINGS, LLG
WATER FRONT SHOPPES
DUCK — DARE COUNTY — NORTH CAROLINA
NTS 0' NTS ATLANTIC ENV/RON1P1ENTAL CONSULTANTS, LLC
MEMMEMMEMETGRAPHIC SCALE 1"= NTS P.O. 90,r 3266, KITTY H,4{yK, N.C. 2790
[phone], e-mail doggdoec®qmoil. com
/29/20 REVISED: 03/01/21 FILE:2020-WFS DRAWN BY: DAD

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