HomeMy WebLinkAbout89-22 Lower Skyco LLCPermit Class
Permit Number
NEW
89-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
�rM1,t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Lower Skyco
LLC , PO Box 3435 Greenville NC 27836
Authorizing development in Dare County at adi to the Croatan Sound, off NC 345, in
Wanchese
as requested in the permittee's application dated 2/9/22 (MP-
12 z S) and 3/21/22 (MP-4)
including attached workplan drawings (16) as referenced in Condition No. 1 below.
This permit, issued on August 31, 2022 is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of.these terms may besubject to fines, imprisonment or civil action; or may cause tile permit to be nuu-anu-vora.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (16)? SV-1 dated "Rec DCM-MHD City 3/8/22", Sheets 2-1( of 15 all
dated "Rev 7/14/22", Sheets 1,11,13-15 of 15 all dated "Rev 2/9/22" and Sheet 12 of 15 dated "Rev
2/24/22".
Pier and Platform
2) The two 6-foot-wide turnouts located over Coastal Wetlands along the pier is hereby deleted. Any
and all reference to the originally proposed 6-foot-wide turnouts in the attached permit application
and workplan drawings is hereby considered null and void.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the peanittee or other Signed by the authority of the Secretary of DEQ ana me t;nan
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance. d /�
Any maintenance work or project modification not covered / /O I*r Braxton C. Davis, Director
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
August 31, 2027
In issuing this permit, the State ofNorth Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
Lower Skyco LLC.
ADDITIONAL CONDITIONS
Permit No. 89-22
Page 2 of 6
3) This permit authorizes only the pier, platform and stairs, 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 pier and platform without permit modification. No non -
water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
4) Any portion of the permitted access pier built over wetlands shall not exceed six feet in width and shall
be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the
decking.
5) This permit does not authorize any formalized boat slips.
Maintenance Excavation
6) No excavation shall take place outside of the area indicated on the workplan drawings.
7) Excavation shall not exceed 4 feet below the normal water level at the entrance and -3.5 feet below
normal water level for the canal and basin. In no ease shall the depth of excavation exceed the depth of
connecting waters.
8) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
9) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters.
10) This permit does not authorize the excavation of any Coastal Wetlands.
11) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed. .
Dredge Material Disposal,
12) No dredge material shall be placed within 30 feet of the normal water line.
13) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.
14) The diked disposal area shall be constructed a sufficient distance from the normal water level or any
marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material
deposition into surrounding wetlands or waters.
Lower Skyco LLC.
ADDITIONAL CONDITIONS
Permit No. 89-22
Page 3 of 6
15) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All
remaining backfill material shall be obtained from a high ground source and confined behind the
permitted bulkhead.
16) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
Maintenance Clause
17) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Shoreline Stabilization - Bulkhead
18) The bulkhead alignment shall approximate the normal water level at the time of construction.
19) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.
20) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
21) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
22) The bulkhead shall be constructed prior to any backfilling activities.
23) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
24) This permit does not authorize any excavation waterward of the approved alignment.
25) The fill material shall be clean and free of any pollutants except in trace quantities.
26) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
Lower Skyco LLC. Permit No. 89-22
Page 4 of 6
ADDITIONAL CONDITIONS
27) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.
28) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Upland Development within AEC with Section 404 Fill
29) 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 approximately 1,768 fO
of Section 404 fill within the pond, roads, cart paths, parking, 4 cabins and other associated
infrastructure, all as expressly and specifically set forth in the attached permit application and workplan
drawings.
30) No vegetated wetlands shall be excavated or filled, even temporarily, in association with the.upland
development authorized under this permit.
31) The bridge shall have a minimum vertical navigational clearance of 3 feet above the NWL at the lowest
part of the bridge. The bridge shall provide a minimum horizontal navigational clearance of 14 feet.
Unland Development Outside the AEC with Section 404 Fill
32) 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 4,074 ftof Section 404
fill for the three culverts, 56 cabins and associated walkways, 60 RV sites, bathrooms, office,
maintenance building, wastewater facility, pool, clubhouse, pavilion, gazebos, roads, concrete and
gravel parking, and other associated infrastructure, all as expressly and specifically set forth in the
attached permit application and workplan drawings.
Sedimentation and Erosion Control
33) An Erosion and Sedimentation Control Plan modification may be required for this project. If required,
this plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity.
Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889.
34) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
35) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
36) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Lower Skyco LLC.
ADDITIONAL CONDITIONS
Stormwater Management
Permit No. 89-22
Page 5 of 6
37) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. Any
violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit.
USACE Conditions
38) In order to compensate for impacts associated with this pemrit, mitigation shall be provided in
accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District,
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
General
NOTE: In accordance with commitments made by the permittee and in order to satisfy concerns of the
resource agencies, the permittee shall continue efforts to place the existing Coastal Wetlands and
non-contiguous Section 404 wetlands in a perpetual conservation easement. Copies of this
perpetual conservation easement shall be provided to the Division of Coastal Management upon
completion.
39) No development or land disturbing activity that is considered non -water dependent shall occur within 30
feet of the normal water level unless altered herein. Any development proposed in an Area of
Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline,
Estuarine Waters, Coastal Wetlands and Public Trust AECs and located within the applicant's property,
may require additional authorization from the Division of Coastal Management prior to work
commencing.
40) 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.
41) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
42) The pemuttee 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.
Lower Skyeo LLC. Permit No. 89-22
Page 6 of 6
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2020-01453).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 0049374175 and assigned the project DWR Project No. 2022-0367.
NOTE: Future development of the permittee's properly may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal 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.
DIVISION OF COASTAL MANAGEMENT
Applicant:
Type: (Check all that apply)
New Major Mod
Permit Coordinator:
Field Representative:
Application Processing Notes
L—Lc.
Permits+ Minor Mod Renewal Transfer
Date Time Message
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MAILING DISTRIBUTION SHEET
Agents:
"Af
Z7M
DCM Field Offices
,/
��
Elizabeth City
1 Wooef 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 (Berrie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
I om Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecwme (NC DOT -Remainder ECity/Washington District)
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Renee Gledhill -Earley at Enviromnental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kin Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Clif Whitfield (WARD)
Jimmy Harrison
Sheri Montalvo / Shelton Sullivan
Chris Pullinger — 401 P_66,r-t a kcAd
TBD - 401
Roger Thorpe-Stormwatef
Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider —401(Pender,Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
LPO: �.k b"II,�4w
(NCDOT) Travis Wilson
DCMMM
APPLICATION for
Major Development Permit
(last revised 12127/06)
FEE E$VP:D
FED 1 1 2022
DC1V-EC
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Buslness Name
Lower Skyco, Llc
Project Name (if applicable)
Lost Colony Retreat
Applicant 1: First Name
John
MI
Last Name
Robbins
Applicant 2: Fret Neme
MI
Last Name
If additional applicants, please attach an addiffonal pages) with names listed.
Mailing Address
PO Box 3435
PO Box
City
Greenville
State
NC
ZIP
27836
Country
USA
Phone No.
252-423-0516 ext.
FAX No.
Street Address (if different from above)
City
state
ZIP
Email
johnmanteo@gmaii.com
2. AgentlContractor Information
Business Name
Atlantic Environmental Consultants, Llc
Agent/ Contractor 1: Fist Name
Doug
MI
A
Last Name
Dorman
Agent/ Contractor 2: First Name
MI
Last Name
Melling Address
PO Box
P.O. Box 3266
City
Kitty Hawk
State
NC
ZIP
27949 :E
Phone No. 1
252 - 599 - 2603 ext.
Phone No. 2
ext.
FAX No.
Contractor p
Street Address (if dfferent from above)
City
State
ZIP
Email
dougdaec@gmail.com
<Form continues on back>
MAR 0 S 2022
252.808.2808 .. 1.868-4RCOAST .. www.nceoastaimanagemer ^. CITY
Form DCM MP-1 (Page 2 of 4)
%' :_., a . W-. 6...i APPLICATION for
FEU 1 1 2022
Major Development Permit
3. Project Location
6 ,
County (can be multiple)
Street Address ^' r v r _..
Slate Rd. #
Dare
0 NC 345
NC 345
Subdivision Name
City
State
Zip
None
Wanchese
NC
27981 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
None— - ext.
I ,
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
o
Croatan Sound
c. Is the water body Identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade ❑Unknown
Croatan Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yea []No
work falls within.
Dare County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
17,425linearfeet
14,804,737sf
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
92.5,102,120.8, 9.9& 14.87
NWL (normal waterlavel)
(if manylot sizes, please attach addifional page with a list)
2'4 ❑NHW or ®NWL
e.
vegetation on tract
Loblolly Pine, Wax Myrtle, Red Maple, Bay, Black Needle Rush, Salt Medow Cordgrass.
I.
Man-made features and uses now on tract
No existing man-made features on property.
g.
Identify and describe the existing land uses ad'acen to the proposed project site.
The existing land use adjacent to the property are residential and commercial.
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Hwy 345 Business
(Attach zoning compliance certificate, if applicable)
Was []No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®ND ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does ft Involve a []Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
REutivtu
MAR 0 8 202Z
252.808.2808 :: 1-888.4RCOAST :: www.Dccoastalmanageme®MLJ
'N
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
®Yes []No
(if) Are there coastal wetlands on the site?
®Yes []No
(III) If yes to either (1) or (ii) above, has a delineation been conducted?
®Yes []No
(Attach documentation, if available)
.
n. Describe existing wastewater treatment facilities.
E s L,- i V Ed
None
r•Eo 2 4 2022
o. Describe existing drinking water supply source.
C kl tiD EC
Public water supply
w
Yal SVi
p. Describe existing stone water management or treatment systems.
None.
'5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ECommercial ❑PublidGovernment
❑PrivateJCommuNty
b. Give a brief description of purpose, use, and dally operations of the project when complete.
The project will be a travel trialer park and campground. There will be a total of 120 units with 60 RV sites and 60 cabins.
c. Describe the proposed construction methodology, types of construction equipment to be used duringconstruction, the number of each type
of equipment and where it is to be stored.
Infrastucture to be installed first to support de tleopment of cabins, RN sites, all other structures and ammenifiles. Equipment
to be used includes backhoes, excavators, small tractors, bulldozers. Equipment to be stored on site during construction.
d. List all development activities you propose.
60 Cabins and 60 RN sites with bathroom facilities.
Club house, pavilion, pool area, grass recreational area.
Infrastructure to include water, wastewater, electrical, roads and turnouts.
6' x 460' walkway to a 18'x18' gazebo and 540sf of open decking located adjacent to the Croatan Sound.
Bridge over north property canal to additional cabins.
Excavation of basin and portion of canal to a depth of -4.0'
170 linear feet of bulkhead around perimeter of basin.
e. Are the proposed activities maintenance of an existing project, new work, or both? New work
I. What is the approximate total disturbed land area resulting from the proposed project? 844,086 ESq.Ft or []Acres
g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ENo ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
No existing or proposed discharges to waters of the state.
I. Will wastewater orstormwaterbedischarged Into awetland? ❑Yes ENo ❑NA RECEIVE
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA
j. Is there any mitigation proposed? Eyes 9No ENA MAR O 2
If yes, attach a mitigation proposal.
CC
22
DCM—MHD CITY
252-808.2808 :: 1.888.4RCOAST :: www.nccoastainnanagement.not
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
<Form continues on back>
Major Development Permit
6. AdditfonalInformation
In addition to this completed application form, (MP-1) the following Hems below, If applicable, must be submitted In order for the application
package tube complete. Items (a) — (0 ere ahvays applicable to any majordsvelopment application. Please consult the application
Instruction booklet on how to propedy prepare the required Items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Terry & Greta Leggett Phone No.
Address 4403 Long Rodge Road, Pinetown, NC 27885
Name Winston & Nancy Silver Phone No.
Address PO Box 415. Wanchese, NC 27981
Name Phone No.
Address
g. A list of previous state or federal permits Issued forwork on the project tract. Include permit numbers, permittea, and Issuing dates.
NIA
h. Signed consultant or agent authorization form, B 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 Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
i unuursraria uim any permn issues in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
further certify that the information provided in this application is truthful to the best of my knowledge.
Date 02/Og/22 Print Name DougDorman, Consultant
Signature / i.ti.��� FED 11 2022
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts c";
®DCM MP-3 Upland Development
®DCM MP-4 Structures Information
RECEIVED
MAR 0 8 2022
252-BOB-2808 :: 1.088-4RCOAST :: www.necoastalmanagemen'D'CM_MHD CITY
5
Form DCM M13-2
EXCAVATION and FILL
(Except for bridges and culverts)
FED 1 1 2OZ2
DCM-EC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
150'
375'
59
Width
25' avg.
12'
35'
Avg. Existing
2,5'
2.0'
1.7'
NA
NA
Depth
Final Project
3'5
Depth
4.0
3.5'
NA
NA
9. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
583 cubic yards
c. (I) Dees the area to be excavated Include coastal wetlandsimarsh
(Ulf), submerged aquatic vegetation (SAV), shell bottom (SB),
or otherwellands (WL)? If any boxes are checked, provide the
numberof square feet affected.
❑CW ❑SAV ❑SS _
❑WL ®None
(if) Describe the purpose of the excavation in these areas:
Dredge existing manmade basin and canal for future water
access.
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Located on site near existing basin. See plan sheet 3.
c. (1) Do you claim title to disposal area?
®Yes ❑No ❑NA
(I1) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or otherwellands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(li) Describe the purpose of disposal In these areas:
[I This section not applicable
sand
d. High -ground excavation in cubic yards.
230 cubic yards at boat basin to make access into basin
easier.
❑This section not applicable
b. Dimensions of disposal area.
100' X 80,
d. (q Will a disposal area be available for future maintenance?
®Yes []No ❑NA
(ii) If yes, where?
Same general location. Disposal dimensions will be
different to fit location after development.
I. (i) Does the disposal Include any area in the water?
[]Yes ®No ❑NA
(II) If yes, how much water area is affected?
Ri=nENED
MAR 0 S 202Z
DCM-MHD CITY
252-800.2803 :: 1.888.4RCOAS7 :: www.nccoastaimanagernent.net revised: 12/26/06
Forth DCM MP-2 (Excavation and Fill, Page 2 of 2)
a. Type of shoreline stabilization: b. Length: 177V
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: ]'
c. Average distance waterward of NHW or NWL: 0 d. Maximum distance waterward of NHW or NWL: 0
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
Vinyl bulkhead months?
❑Yes ®No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill a Riprap_ None
BreakwaterlSill Other —
I. Source of fill material.
NIA
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (I) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (I) Will fill material be placed in coastal wetlandsimarsh (CW).
If yes,
(11) Amount of material to be placed in the water
(III) Dimensions of fill area _
(iv) Purpose of fill
submerged aquatic vegetation (SAV), Shen bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV _ ❑SB
❑WL ❑None
(i) Describe the purpose of the fill in these areas:
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g.,
controlled? backhoe, or hydraulic dredge)?
Slit fence to be installed around perimeter of spoil area. Backhoe, excavator, barge.
c. () Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(Ill If yes, explain what type and how they will be implemented.
d. (I) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(il) If yes, explain steps that will be taken to avoid or minimize
environmental Impacts.
02/09/22 1Authorized agent- Doug Dorman FED 1 1 2022
Dale
Lost Colony Retreat
Project Name
Applicant Name
Applica gnatur-
MAR 0 9 2022
252.800.2808 :: 1.808.4RCOAST :: www.ncconstalmanEitiemont_nct.
Form DCM MP-3 MAR 0 4 2022
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
Construdon of 60 cabins, 60 RN sites, club house,
pavilion, gazebo, swimming pool, office, bathroom facilities.
b. Number of lots or parcels.
5
c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads,
acre). ditches, etc
120 units per 340 acre site. 843,266 sf (19.36 ac.)
e. If the proposed projectwill disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
[]Yes ®No ❑NA
(ii) If yes, Ist the dale submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
<1 %
Give the percentage of the entire tract to be covered by impervious
and/or buih-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
3.7%
Describe proposed method of sewage disposal
On site wastwater disposal.
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriall
commercial effluent, "wash down" and residential discharges).
Surface runoff
I. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Concrete, asphalt, roofing material.
h. Projects that require a CAMA Major Development Permit may also
require a Slormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
[]Yes ®No ❑NA
Ili) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
RECEIVED
MAR 0 S 262Z
-_, DCM-MHD CITY
252-808.28011 . 1.888 4RCOAST :: wwwr.nccoastatmanagement.net revised: 12/26/06
Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Public Water Supply
o. When was the lolls) platted and recorded?
Tract I -Parcel 1-09/29/00, Parcel 2 - 10/04/76,
Parcel 3-10/05/66
Tract II -Parcel 1-09129100, Parcel 2-10/06/05
02/09/22
Date
Lost Colony Retreat
n. (i) Will water be impounded? []Yes ®No ❑NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
®Yes []No ❑NA
n
MAR 0 1, 202?
Project Name
Agent - Doug Dorman
Applicant Name l.. S i✓
Applicant Signature
RECEIVED
MAR 0 8 2022
DCM-MHD CITY
252-808.2808 :: 1.888-4RCOA8T :: vi nccoastalmanagemen .net--
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
®Commercial ❑Public/Govemment ®Private/Community
c. (1) Dock(s) and/or pier(s)
(it) Number N/A
(iii) Length
(iv) Width
(v) Floating ❑Yes ❑No
e. (1) Are Platforms included? ❑Yes ®No
If yes:
(ii) Number .
(Iii) Length
(iv) Width -
(v) Floating []Yes ®No
Note: Roofed areas are calculated from drfpline dimensions.
g. (i) Number of slips proposed
0
(it) Number of slips existing
I. Check the proposed type of siting:
® Land cut and access channel
❑Open water, dredging for basin and/or channel
❑Open water, no dredging required
❑Other, please describe:
k. Typical boat length: 1212=21'
m. (i) Will the facility have tie pilings?
❑Yes ®No
(ii) If yes number of fie pilings?
❑This section not applicable
b. (i) Will the facility be open to the general public?
®Yes ❑No
d. (i) Are Finger Piers included? ❑Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating []Yes ❑No
f. (i) Are Boatlifts included? []Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
In. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j., Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Small skiffs. Kayaks, etc.
I. (i) Will the facility be open to the general public?
®Yes ❑No
QEIVD
MAR 2 1 2022
252.808-2808::9-888-4RCOAST:: www.nccoastaimanagement.net CLdO"" 'Smll tL^➢EIYYTH to
Form ®CM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ' ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: J Location:
❑ Showers
❑ Boalholding tank pumpoul; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (1) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
+ E�°° � q
tf'4.�¢uAf�� `i° ED
RECEIVED_
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes []No
MAP 2 1 2022
2S2.808.2808 :: 1-888-4RCOAST :: www.nccoastaimanaaement.net
Zvi v iG VtlJ YIII
revised: 1212 Ins
Form DCM MP-4 (Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or otherwetlands (WL)? If any boxes are checked, provide the number of square feel affected.
❑CW ❑SAV ❑SB
❑WL ❑None
p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable,.
a. (i) Is the boathouse stmcture(s):
❑Commercial ❑Public/Govemmenl ❑Private/Community -
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill) ®This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, orwetiands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s): b. Number
❑Commercial ❑PublidGovemment ❑Private/Community
C. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, H present.
e. Arcoftheswing None RErm';CS2VE0
7. GENERAL
MAR 2_1-2022 _
ME SECTION MED
252-808-2808 :: 1-888-4RCOAST :: vvvvw.nccoastalmanauement.net revised: 12/27106
Form ®CM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
N/A
Note: For buoy ormoorfng piling, use arc of swing including length
of vessel.
c. Width of water body
Existing basin 36
e. (i) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
-3.5'
S. OTHER ❑This section not applicable
a. Give complete description:
6' x 460' walkway with two 6'x 32' bumpouts over wetlands to a 18' x 18' gazebo with an attached 540 sq.ft. open deck with 6' x
12' steps to access the beach area on the Croatan sound. The proposed bump outs will serve as a pullover location for other
golf carts and pedestrian traffic along the walkway.
03/21/22
,Date
Lost Colony Retreat
Project Name
Doug Dorman -agent
'Applicant Name
s. tT%9GGl� //92�{LCL/1i
'Applicant'Signature
I
L _. .-
YI @LCEI YI ED
MAR 2 1 2022
P SECTION MHD
252-608.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12127/06
Form DOMMP-5 FEU 11 21322
BRIDGES and CULVERTS
D�. IM-L C
Attach this too to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. BRIDGES El This section not applicable
a. Is the proposed bridge:
®Commercial ❑PubliclGovemmenl ❑Private/Communhy
C. Type of bridge (construction material):
Concrete
b. Water body to be crossed by bridge:
Man made ditch connects to the Croatian Sound
a. (i) Will proposed bridge replace an existing bridge? []Yes ®No I.
If yes,
(ii) Length of existing bridge:
(111) Width of existing bridge:
(Iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
9. Length of proposed bridge: ZV h
f. Will the proposed bridge affect existing water flow? []Yes ®No J.
If yes, explain:
k. Navigation clearance underneath proposed bridge: 3'
Water depth at the proposed crossing at NLW or NWL
-3.6
(1) Will proposed bridge replace an existing culvert? []Yes ®No
If yes,
(I) Length of existing culvert: _
(III) Width of existing culvert: _
(iv) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
Width of proposed bridge: 12'
Will the proposed bridge affect navigation by reducing or
increasing the existing navigable opening? ❑Yes ®No
If yes, explain: -
Have you contacted the U.S. Coast Guard concerning their
approval? []Yes ®No
If yes, explain:
M. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: N/A
waters? []Yes ®No
If yes, explain:
2. CULVERTS
a. Number of culverts proposed: 3
❑This section not applicable
b. Water body in which the culvert i"t %MW"`ed:x
Man made ditch
< Fount continues on backs 0G a _n IIHp G ■
252.006.2808 :: 1-0004RCOAST :: wwwmccoastalmanar�ement.not revised: 10/26106
Form DCM PAP-5 (Bridges and Culverts, Page 2 of 4) -•� -� -
c. Type of culvert (construction material): )) 2C22
HDPE
d. (1) Will proposed culvert replace an existing bridge? e. (i) Will proposed culvert replace an existing culvert?
❑Yes ®No
If yes,
(ii) Length of existing bridge:
(iii) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge: _
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
I. Length of proposed culvert: 46'. 50'. 13U
In. Height of the top of the proposed culvert above the NHW or NWL.
V
J. Will the proposed culvert affect navigation by reducing or
increasing the existing navigable opening? ❑Yes ®No
If yes, explain:
❑Yes JZNo
If yes,
(!I) Length of existing culvert(s): _
(!it) Width of existing culvert(s): _
(iv) Height of the top of the existing culvert above the NHW or
NWL:
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
g. Width of proposed culvert: 4'
I. Depth of culvert to be buried below existing bottom contour.
-1.
k. Will the proposed culvert affect existing water flow?
❑Yes ®No
If yes, explain:
3. EXCAVATION and FILL []This section not applicable
a. (I) Will the placement of the proposed bridge or culvert require any
excavation below the NHW or NWL? Oyes ®No
If yes,
(ii) Avg. length of area to be excavated:
(III) Avg. width of area to be excavated:
(tv) Avg. depth of area to be excavated:
(v) Amount of material to be excavated In cubic yards:
c. (i) Will the placement of the proposed bridge or culvert require any
high -ground excavation? ❑Yes ®No
If yes,
(II) Avg. length of area to be excavated:
(lit) Avg. width of area to be excavated:
(iv) Avg. depth of area to be excavated:
(v) Amount of material to be excavated in cubic yards:
b. () Will the placement of the proposed bridge or culvert require any
excavation within coastal wetlands/marsh (C", submerged
aquatic vegetation (SAV), shell bottom (SB), or other wetlands
(WL)? If any boxes are checked, provide the number of square
feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of the excavation in these areas:
FtEcENEo
MAR U g jai
252.008.2808 :: 1-008.411COAST :: wwvv.nccoastahnanagrment,net rovised: 10/20/06
W t ...
Form DCIVI f1ry -S (Bridges and Culverts, Page 3 of 4) .::,,I
FEU i 1 Tvv"T2
d. If the placement of the bridge or culvert Involves any excavation, please complete the following:
() Location of the spoil disposal area:
'-e e n. n r— ,.
(li) Dimensions ofthe spoil disposal area: _ � ' "Vt `Ea
(III) Do you claim title to the disposal area? ❑Yes []No (if no, attach a lettergranting permission hom the owner.)
(iv) Will the disposal area be available for future maintenance? []Yes []No
(v) Does the disposal area Include any coastal wetlands/marsh (CM, submerged aquatic vegetation (SAVs), other wetlands (WL), or shell
bottom (SS)?
❑CW ❑SAV ❑WL ❑SB []None
If any boxes are checked, give dimensions if different from (ii) above.
(vi) Does the disposal area Include any area below the NHW or NWL? ? []Yes []No
If yes, give dimensions if different from (i) above.
e. (i) Will the placement of the proposed bridge or culvert result In any
fill (other than excavated material described in Item d above) to
be placed below NHW or NWL? ❑Yes ®No
If yes,
III) Avg. length of area to be filled:
Oil) Avg. width of area to be filled:
IN) Purpose of fill:
(1) Will the placement of the proposed bridge or culvert result in any
fig (other than excavated material described in Item d above) to
be placed within coastal wetlandstmarsh (CW), submerged
aquatic vegetation (SAV), shell bottom (SB), or other wetlands
(WL)? If any boxes are checked, provide the number of square
feet affected.
❑CW _ ❑SAV ❑SB
OWL 4.074 []None
(ii) Describe the purpose of the excavation in these areas:
Fill for road crossings
g. (1) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed on high -ground? ❑Yes ®No
If yes,
(ii) Avg. length of area to be filled: _
(iii) Avg. width of area to be filled:
(tv) Purpose of fill:
a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary
utility lines? ❑Yes ®No detour structures? ❑Yes ®No
If yes, explain: If yes, explain:
If this portion of the proposed project has already received
approval from local authorities, please affech a copy of the
approval orcortification.
< Form continues on backs
RECEIVED
MAR 0 0 ZW
252.808.2808 :: 1.880.4RCOAST :: www.nccoastaimanagemmit. let
rovised: 10/26/06
Forth DCM MP-5 (Bridges and Culverts, Pane 4 of 4)
c. Will the proposed project require any work channels?
❑Yes ®No
If yes, complete Form DCM-MP-2.
e. What type of construction equipment will be used (for example,
dragline, backhoe, or hydraulic dredge)?
Backhoe and excavator
g. Will the placement of the proposed bridge or culvert require any
shoreline stabilization? ❑Yes ®No
If yes, complete fort MP-2, Section 3 for Shoreline
Stabilization only.
02/09/22
Date
Lost Colony Retreat
Project Name
Applicant Name
Appllcayt-S nature
d. How will excavated or fill material be kept on site and erosion
controlled?
N/A
f. Will wetlands be crossed In transporting equipment to project site?
❑Yes ®No
If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
FED 1 1 2022
RECEIVED
MAR 0 S nzz
CITY
252.808-2000 :: -1-088-0RCOASY a www,nccoastalmana ement.net revised: 10/26106
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Monday, August 8, 2022 3:51 PM
To:
Pelletier, Josh R SAW; Tankard, Robert, Harrison, James A; Dunn, Maria T.; Noah Gillam;
Montalvo, Sheri A, Dumpor, Samir; Thorpe, Roger
Cc:
Carver, Yvonne; Renaldi, Ronald
Subject:
Lost Colony updated plans
Attachments:
Lower Skyco Mitigation Acceptance Letter.pdf, Site Plans - Lower Syco LLC 1.pdf, Lost
Colony Retreat CAMA MAJ SH2.pdf,, Lost Colony Retreat CAMA MAJ SH3.pdf; Lost
Colony Retreat CAMA MAJ SH4.pdf,, Lost Colony Retreat CAMA MAJ SHS.pdf, Lost
Colony Retreat CAMA MAJ SH6.pdf, Lost Colony Retreat CAMA MAJ SHB.pdf, Lost
Colony Retreat CAMA MAJ SH9.pdf, Lost Colony Retreat CAMA MAJ SH10.pdf; Site
Plans - Lower Syco LLC 11.pdf Site Plans - Lower Syco LLC 12.pdf, Site Plans - Lower
Syco LLC 13.pdf Site Plans - Lower Syco LLC 14.pdf Site Plans - Lower Syco LLC 15.pdf
Lost Colony Retreat CAMA MAJ SH7.pdf Lower Skyco Mitigation Acceptance Letter.pdf
Site Plans - Lower Syco LLC 1.pdf
Afternoon all,
Please see above for updated plans associated with the Lost Colony project (Lower Skyco). The project has increased
some roadways sections to abide by local ordinances which increased 404 impacts. DWR has revised the 404 off these
workplans with the included revised mitigation letter. The modified total wetland impacts are 8,285ft2. A conservation
easement of the remaining coastal wetlands is in process and a few agencies have been updated on the progress by the
applicant.
The project has been taken off hold by DCM with the verification of these changes. Please update your files as
necessary.
Thanks,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@ncdenr.gov
Find a Field Rep (arwis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.army.mil>
Sent: Wednesday, July 13, 2022 8:48 AM
To: Doug Dorman; Bodnar, Gregg
Cc: Standridge, Billy W CIV USARMY CESAW (USA)
Subject: RE: [Non-DoD Source] Fwd: [EXTERNAL] Campground X Site Visit
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Doug,
While I appreciate you working to get the remaining wetlands in a conservation easement that does not comply with
the 2008 mitigation rule. Basically, the conserving the remaining wetlands can not be the only aspect of mitigating for
the loss of over 11,000 square feet of jurisdictional wetlands. A majority of the remaining wetlands are coastal
wetlands and therefor are in no threat to be developed by a private entity anyway. We are still waiting for any
avoidance and minimization measures that were incorporated into the design plan which we have yet to see. We did
received the updated plans that proposed more wetland impacts the original design. Please provide that information
along with an adequate mitigation proposal as soon as you can. If we determine the impacts to be more than minimal
we do have the option of removing this from the GP 291 process and into our Department of the Army Individual Permit
process. Thanks and let me know if you have any other questions!
Josh
From: Doug Dorman <dougdaec@gmail.com>
Sent: Tuesday, July 12, 2022 6:02 PM
To: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.army.mil>; Bodnar, Gregg
<gregg. bod nar@ncdenr.gov>
Subject: [Non-DoD Source] Fwd: [EXTERNAL] Campground X Site Visit
Josh,
As part of the permitting process Kathy Mathews, Maria Dunn, and Carmen Johnson have suggested that the remaining
wetlands be placed in a conservation easement. John Robins is willing to do this and is working towards getting this
done for the project. As part of that conservation easement we would like to use an area as a conservation easement
for the mitigation component of the permit process instead of purchasing wetland credits from the Hidden Lake
mitigation Bank as originally planned. Please let me know if we need to show a conservation easement as shown on the
attached sheet 7 or will the conservation of all the reaming wetlands be sufficient?
Thank you,
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
---------- Forwarded message -- ---
From: John Robbins <lohnmanteo@Rmail.com>
Date: Wed, 20 Apr 2022 at 15:05
Subject: Re: [EXTERNAL] Campground X Site Visit
To: Matthews, Kathryn H <kathryn matthews fws.gov>
Cc: Doug Dorman <dougdaec@gmail.com>, Maria T. <maria.dunn@ncwildlife.org>, Josh.R.Pelletier@usace.army.mil
<Josh.R.Pelletier@usace.army.mil>, Olson, Shaun E <shaun olson@fws.gov>, Hammond, John
<iohn hammond@fws.gov>, carmen.iohnson@ncwildlife.org<carmen.iohnson@ncwildlife.org>, Carver, Yvonne
<yvonne.carver@ncdenr.eov>, Renaldi, Ronald <ronald.renaldi ncdenr.gov>, Bodnar, Gregg
<gregg.bod na r@ ncden r.gov>
Kathryn:
Thank you for the email. I will continue to explore conservation easements to preserve the areas (uplands, 404 and
coastal wetlands) outside of the contiguous uplands to add to the state controlled Roanoke Island Marshes that exist
primarily on the east side of NC HWY 345, dark sky friendly lighting, native landscaping, and best management
practices. Additionally, if any grants are available, I would like to do a controlled burn. I will continue to pursue a
controlled burn with NC Forestry. I will not allow them to cut in the fire break if we are able to do a burn.
If for any reason you have any further questions, please let me know. If you want to go to the site in the future, just let
me know.
John M. Robbins III
252.423.0516
On Wed, Apr 20, 2022 at 1:35 PM Matthews, Kathryn H <kathryn matthews@fws.gov> wrote:
Dear Mr. Robbins,
Thanks for meeting us on site last week and for providing additional information on your proposed
project. The USFWS appreciates the measures you have taken to avoid and minimize impacts to coastal
wetlands and vegetated areas of the site.
Based upon the currently proposed site plans, the USFWS believes that the project is not likely to adversely
affect any federally -listed species, including Eastern black rail. We appreciate the large buffers provided
between most structures and coastal marsh. We also appreciate the consideration of a conservation
easement for the remaining wetlands on the site.
Please let me know if you have any additional questions. Have a good week,
Please note that 1 am teleworking almost exclusively. Email is the best way to reach me. Thanks,
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: John Robbins <iohnmanteo@gmail.com>
Sent: Tuesday, April 19, 2022 11:59 AM
To: Doug Dorman <dougdaec@gmail.com>
Cc: Matthews, Kathryn H <kathryn matthews@fws.gov>; Maria T. <maria.dunn@ncwildlife.org>;
Josh.R.Pelletier@usace.armv.mil <Josh.R.Pelletier@usace.armv.mil>; Olson, Shaun E <shaun olson@fws.gov>;
Hammond, John <john hammond@fws.gov>; carmen.iohnson@ncwildlife.org<carmen.iohnson@ncwildlife.org>;
Carver, Yvonne <yvonne.carver@ncdenr.gov>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Bodnar, Gregg
<gregg. bodna r@ ncden r.gov>
Subject: Re: [EXTERNAL] Campground X Site Visit
i1
Adding to Doug Dorman's response, I would like to add additional information regarding the overall development as
proposed.
Cabins: The cabin's footprints range from 144 SF to 560 SF. The units are raised on pilings above the landscape. They
will be connected to the undisturbed areas, parking and pathways by elevated wooden walkways. This is all done to
minimize the impacts on the surrounding vegetation and earth. Thus, no grading is required. The cabins vary between
12' and 16' wide. With the raised elevation and the narrower widths, shading of the landscape is not an issue. They are
able to exist in the landscape with minimal impact. They are spaced no closer than 30' to one another. The goal is to
preserve the landscape and buffers. The reason for some of the cabins to be partially built over the 404 wetlands, is to
provide better views of the surrounding landscape and for practical and safety purposes of situating the roadways in
the upland areas to allow access for safety vehicles. To further limit any.potential negative impacts the cabins will have
central fire suppression systems. Across the site, the 404 wetlands and coastal wetlands line are fairly close
together. In a traditional development one would simply remove the vegetation right up to the 404-line, place fill up to
the line, and then place the cottages. Based on zoning over 400 units are allowed on the site, because of my spacing
and desire to better preserve the natural environment I have limited the site to 120 units (60 cabins and 60 RV
sites). The zoning ordinance allows for much greater impacts.
Lot Coverage: Inclusive of the 404 wetlands and the nearly 27 acres of contiguous uplands, lot coverage is
approximately 3%. The zoning regulations afford me 55% lot coverage. Again, 3% versus 55%. It is clear that I have
minimized the impacts.
Stormwater: At only 3% lot coverage, I am characterized as a low density development. I am leaving large buffers of
natural vegetation, and creating rain -gardens, utilizing further best management practices.
Vegetation: It is the natural vegetation that adds beauty to the site. This natural landscape is being lost in other
developments such as the one directly across the street on property that the state transferred to a private entity that
was 'moonscaped', removing all topsoil and every bit of vegetation. I am not going to come in and plant non-native
species such as russian olives, and other damaging plants.
Cohesion: I have submitted a cohesive plan. If I did what is easiest I would have subdivided the property, put in an
HOA. Thereafter, lot owners would clear their property, build their homes and each home would request a walkway to
the sound impacting the coastal wetlands. Doug listed my impacts, but principally there is only one access to the
sound.
Preservation: As noted, I am proposing dark sky friendly lighting, natural existing buffers, and other best management
practices. I am also willing to discuss placing the residual land (coastal wetlands, non-contiguous 404 wetlands and
uplands in a conservation trust or easement. This would equate to nearly 400 acres. Additionally, I have already
reached out to forestry about conducting controlled burns.
I would ask that you look at the big picture of what the County has permitted for my development. I worked hard to
revise the County regulations to allow for this less impactful development. I also find it very difficult when so much is
made about the possible impacts associated with my development when the state took land out of conservation across
3
the street that established a natural corridor and allowed a private owner to clear every bit of vegetation from the
site. I also find it difficult that if the habitat is so important why did the state allow for a virtual canal/fire break to be
created in the same zone on property under their jurisdiction. This fire break runs along all of the uplands. The peat
was further compressed where now the entire area holds water (see attached picture, or view aerials on google earth
or other platform). Constantly, the State is saying do as I say not as I do in the management of natural spaces. I will do
a betterjob in managing the property than the clearing across the street of what was state property and the fire lane/
canals.
In closing, I hope that we can work together. It should be apparent in the proposed development that I am working
with the landscape and not against it.
Please let me know if you have any questions. I am available.
John M. Robbins III
252.423.0516
On Mon, Apr 18, 2022 at 5:21 PM Doug Dorman <douedaec@amail.com> wrote:
To All,
I have attached a copy of the project narrative that was submitted with the CAMA Major permit application. It
outlines the proposed improvements to the property and I provided some bullet points to answer questions that we
discussed during the meeting last week.
* Cabin distances range from a maximum of 70' to a minimum of 5' to coastal wetlands.
* There are no cabins elevated over coastal wetlands only 404 wetlands.
* The only structures proposed over coastal wetlands are the 6' x 460' walkway with the two 6' x 32' bumpouts to
access the beach area and a 6' x 55' pedestrian walkway connecting two upland areas.
If you need additional information please let me know.
Thank you,
Doug
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
On Wed, 6 Apr 2022 at 09:46, Matthews, Kathryn H <kathryn matthews@fws.gov> wrote:
Mr. Robbins,
Thank you for the information and the invitation to meet us on site. I am able to meet you and your
consultant at 11 am on April 13. 1 think 1.5 hours should be more than enough for afield visit and
discussion. Hopefully, others will be able to join us on site also. Please let us know where we may safely
park for our meeting.
Have a good week,
Please note that 1 am teleworking almost exclusively. Email is the best way to reach me. Thanks,
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: John Robbins <iohnmanteo@gmail.com>
Sent: Tuesday, April 5, 2022 4:10 PM
To: Maria T. <maria.dunn@ncwildlife.org>; Doug Dorman <dougdaec@gmail.com>; Gregg
<gregg.bodnar@ncdenr.gov>; Matthews, Kathryn H <kathryn matthews@fws.gov>
Subject: [EXTERNAL] Campground X Site Visit
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
All:
I have reviewed the emails that you have directed to Doug Dorman. I would ask that as the property owner that 1 am
copied on future correspondence. The meeting on April 13 works for me. Please schedule it for that day, and let me
know the time. Additionally, so that I may plan my day, please let me know how long you will be at the site and a
plan for your visit. I am sure that you do these all of the time and are experts in doing these visits, so this information
should be readily available.
Respectfully, I would ask that you review the overall plan and that you understand how the associated impacts to the
natural landscape are minimal. Overall, the development only impacts approximately 3% of the uplands and 404
wetlands combined. The coastal wetlands are impacted with one, only one, elevated wooden walkway for access to
the public trust waters. All aspects of the development have been designed to minimize impacts.
The zoning for the property is pretty wide open with intensive uses such as boat building, manufacturing, and other
more intense uses. THe easiest would be to subdivide the property into approximately 40 single family lots. All of
the lots bordering the sound could then request individual piers to access the water that would not be subject to
CAMA Majors and extensive review. The individual homeowners would clear most of the subject property and the
resulting development would have much greater impacts than the proposed.
I welcome you all to visit the property. We all need to work together to ensure that I am allowed to continue with
the minimal plan as presented, one that has the most minimal impact on the landscape. It is important for me to
develop the site preserving the natural characteristics of the site and that is evident in the plan.
There is controlled access to the property, a locked gate. At no time, should the narrow access entrance or gate be
blocked, i.e. cars parked at the entrance. There is a dive company that uses the ponds for classes and training
dives. It becomes a safety issue if cars are parked in front of the gate and access is limited in the event of
an emergency. Your car will be towed if it is parked in the access area, so do not park there or leave your vehicle
unattended.
I look forward to your visit. Please let me know a time and what your plan is.
Thank you.
John M. Robbins III
johnmanteo@email.com
252.423.0516
John M. Robbins III
johnmanteo@amail.com
252.423.0516
John M. Robbins III
johnmanteo@amail.com
252.423.0516
Bodnar, Gregg
From: Tankard, Robert
Sent: Friday, July 8, 2022 8:29 AM
To: Bodnar, Gregg
Subject: RE: [EXTERNAL] Lower Skyco, Lost Colony Retreat
No issues with the updated plans but a revised certification will need to be issued covering the additional impacts. I
cannot issue the revised certification without the acceptance letter from the mitigation bank .
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
252-948-3921 office
252-975-3716 fax
Robert. tankard (d)ncdenr.gov
1C. '/ Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Friday, July 8, 2022 8:26 AM
To: Tankard, Robert <robert.tankard@ncdenr.gov>
Subject: RE: [EXTERNAL] Lower Skyco, Lost Colony Retreat
Is there any issues with the updated plans sent recently (see above) concerning the increased 404 fill impacts? Will the
existing certification cover those additional impacts?
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg. B od na r@ ncd e n r. gov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Tankard, Robert <robert.tankard@ncdenr.gov>
Sent: Friday, July 8, 2022 8:18 AM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: RE: [EXTERNAL] Lower Skyco, Lost Colony Retreat
Gregg, our Division will need a revised letter from Hidden Lake Wetland Mitigation Bank accepting the new impacts for
mitigation before a modification letter is generated.
Thanks!
Robert
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
252-948-3921 office
252-975-3716 fax
Robert. tankard aancdenr.gov
011 - -
—'Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Tuesday, July 5, 2022 4:14 PM
To: kathrvn matthews(@fws.gov; Pelletier, Josh R SAW<Josh.R.PeIletier@usace.army.mil>; Dunn, Maria T.
<maria.dunn@ncwildlife.org>; Harrison, James A <James.Harrison@ncdenr.gov>; Tankard, Robert
<robert.tankard@ncdenr.gov>; Moore, Bill <bill.moore@ncdenr.gov>; Dumpor, Samir<samir.dumpor@ncdenr.gov>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Carver, Yvonne <Vvonne.carver@ncdenr.gov>
Subject: RE: [EXTERNAL] Lower Skyco, Lost Colony Retreat
No worries Kathy! That request should be enough, especially if it is reflected in the USACE permit language as well. I
mainly want to find out if the late changes cause concern and if the "good faith" work shown to this point is enough to
move forward.
For all concerned DCM statutory deadline is 8/1/22, so DCM will need any requests for additional information or final
comments ASAP in the event we need to place the project on hold. I do not want to run up against our deadline and
have to make a determination while a number of agencies are still in review.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
GreRg.Bodnar@ ncdenr.gov
Find a Field Rep (arc4is.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Matthews, Kathryn H <kathryn matthews@fws.gov>
Sent: Tuesday, July 5, 2022 2:52 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Pelletier, Josh R SAW <Josh.R.Pelletier@usace.armv.mil>; Dunn, Maria
T. <maria.dunn@ncwildlife.org>; Harrison, James A <James.Harrison ncdenr.gov>; Tankard, Robert
<robert.tankard@ncdenr.gov>; Moore, Bill <bill.moore@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Carver, Yvonne <vvonne.carver@ncdenr.gov>
Subject: Re: [EXTERNAL] Lower Skyco, Lost Colony Retreat
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
'Report Spam.
Oh - I am sorry Gregg, didn't mean to address it to Ron.
From: Matthews, Kathryn H <kathryn matthews@fws.gov>
Sent: Tuesday, July 5, 2022 2:51 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Pelletier, Josh R SAW <Josh.R.Pelletier@usace.armv.mil>; Dunn, Maria
T. <maria.dunn@ncwildlife.org>; Harrison, James A <James.Harrison@ncdenr.gov>; Tankard, Robert
<robert.tankard@ncdenr.gov>; Moore, Bill <bill.moore@ncdenr.gov>; Dumpor, Samir<samir.dumpor@ncdenr.gov>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Carver, Yvonne <yvonne.carver@ncdenr.gov>
Subject: Re: [EXTERNAL] Lower Skyco, Lost Colony Retreat
Hi Ron,
Thank you for continuing to coordinate with us on this project. The additional wetland fills are concerning, but
we are pleased with the proposal to conserve all "coastal wetlands, non-contiguous 404 wetlands and non-
contiguous uplands." In this instance, it is difficult to determine what Mr. Robbins means by non-contiguous,
and it is difficult to visualize without maps or figures.
At any rate, I recommend that the permit require the preservation of all remaining wetlands (subject to state
and/or federal jurisdiction) on the parcel(s) in perpetuity, through a legal instrument. Do you have some
standard language for that, or do I need to get more specific?
Thanks!
Please note that/ am teleworking Wednesday through Friday, every week. Email is the best way to reach
me. Thanks,
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Wednesday, June 22, 2022 8:41 AM
To: Pelletier, Josh R SAW<Josh.R.Pelletier@usace.army.mil>; Dunn, Maria T. <maria.dunn ncwildlife.org>; Harrison,
James A <James.Harrison@ncdenr.gov>; Matthews, Kathryn H <kathryn matthews fws.gov>; Tankard, Robert
<robert.tankard@ncdenr.gov>; Moore, Bill <bill.moore@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Carver, Yvonne <yvonne.carver@ncdenr.gov>
Subject: [EXTERNAL] Lower Skyco, Lost Colony Retreat
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Morning all,
Please see above for revised sheets that replace sheets 3,4,6 and 7 of 15 to the Lower Skyco Project. Below is a list of
the increased 404 fill numbers resulting from the changes. Specific locations, noted on the workplans as Fill "A-M" have
either increased or been added. The increase in 404 fill is due to widening the road at these locations.
Sheet 3of15 has 3,389 sf of fill
Sheet 4of15 has 898 sf of fill
Sheet 6of15 has 152 sf of fill
Sheet 7of15 has 7,015 sf of fill
Total=11,454 sf, which is an increase from the originally proposed 7,242 sf
If these changes result in revised comments or updates to existing certifications or authorizations please let me know. If
additional information is required based on these changes please let me know as well.
In addition, the applicant is looking into conservation easements for the remaining wetlands on site and may be in touch
to discuss. If an easement is a required piece to approval please let me know.
Thanks as always,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg.Bod nar@ncdenr.gov
Find a Field Rep (arcais.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From: John Robbins <johnmanteo@gmail.com>
Sent: Wednesday, June 29, 2022 4:14 PM
To: Dunn, Maria T.; Bodnar, Gregg; Matthews, Kathryn H; Renaldi, Ronald; Carver, Yvonne
Subject: [External] Update on Conservation Easement
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Maria and Kathryn
As noted from my initial scoping meeting, I was interested in placing the coastal wetlands, non-contiguous 404 wetlands
and non-contiguous uplands in a conservation easement. I reached out to Aaron McCall, Northeast Regional Steward
with the Nature Conservancy. They managed an easement on property behind my childhood home, a piece that we sold
to the state as part of the Coastal Studies Institute.
I am planning to send him an aerial photo of the property and the proposed areas to be placed in conservation
easement. Their minimum requirement is typically 100 acres.
I know Aaron and am appreciative of the work that they do on the Outer Banks especially Nags Head Woods. I plan to
get the information to Aaron in the coming week or so.
If they are not interested I am going to pursue the Coastal Land Trust. My attorney has a connection there
I will keep you updated, but do not hesitate to contact me.
John M. Robbins III
johnmanteo(Mgmail.com
252.423.0516
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, June 22, 2022 8:41 AM
To: Pelletier, Josh R SAW; Dunn, Maria T.; Harrison, James A; kathryn_matthews@fws.gov,
Tankard, Robert; Moore, Bill; Dumpor, Samir
Cc: Renaldi, Ronald; Carver, Yvonne
Subject: Lower Skyco, Lost Colony Retreat
Attachments: Lost Colony Retreat CAMA MAJ SH3.pdf, Lost Colony Retreat CAMA MAJ SH6.pdf; Lost
Colony Retreat CAMA MAJ SH7.pdf,, Lost Colony Retreat CAMA MAJ SH4.pdf
Morning all,
Please see above for revised sheets that replace sheets 3,4,6 and 7 of 15 to the Lower Skyco Project. Below is a list of
the increased 404 fill numbers resulting from the changes. Specific locations, noted on the workplans as Fill "A-M" have
either increased or been added. The increase in 404 fill is due to widening the road at these locations.
Sheet 3of15 has 3,389 sf of fill
Sheet 4of15 has 898 sf of fill
Sheet 6of15 has 152 sf of fill
Sheet 7of15 has 7,015 sf of fill
Total = 11,454 sf, which is an increase from the originally proposed 7,242 sf
If these changes result in revised comments or updates to existing certifications or authorizations please let me know. If
additional information is required based on these changes please let me know as well.
In addition, the applicant is looking into conservation easements for the remaining wetlands on site and may be in touch
to discuss. If an easement is a required piece to approval please let me know.
Thanks as always,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg. Bod na r@ ncde n r. Rov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Greoo
To: Doua Dorman
Subject: FW: Lower Skyco (Campground X), Dare Co.
Date: Friday, June 10, 2022 4:03:00 PM
Attachments: CMDF Lower Skvm LLC Carnwround X NCWRGodf
Afternoon Doug,
I just received WRC comments and the summary is they are interested in increasing the buffer
distance of the cabins from the CW line. They indicated that a 10-50 foot buffer is preferred, though
there may be some constraints. 10 foot is the average requested.
Take a look and let me know if you have any opportunity to adjust the CW buffer or if there are any
other avoidance and minimization options available. In addition, if there are any constraints that do
not allow the avoidance and minimization, please highlight those.
I am on leave next week and wanted to get this to you ASAP so you have time to digest it and reply.
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bod na r0Dncdenr.Rov_
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Dunn, Maria T. <maria.dunn@ncwildlife.org>
Sent: Friday, June 10, 2022 1:32 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: Lower Skyco (Campground X), Dare Co.
Gregg,
Please accept the attached for the above project. Thank you.
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
offce:252-948-3916
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: John Robbins
To: Bodnar, Greog; Doug Dorman
Subject: [External] Comments in Response to Wildlife Resource Commission Campground X
Date: Monday, June 20, 2022 5:52:47 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to E22QLL5gaLcl,
Gregg:
I hope that your time away from the office last week was good.
Doug Dorman shared with me the letter dated June 10 from Maria Dunn, Coastal Coordinator
Habitat Conservation Division, Wildlife Resource Commission regarding Campground X.
The initial scoping meeting was held on November 30. Extensive drawings and detailed
information was submitted for the meeting attendees. On April 13 at the request of Ms. Dunn
and Kathy Matthews, NC Renewable Energy Coordinator & Fish and Wildlife Biologist, U.S.
Fish and Wildlife Service an on -site meeting was conducted to review potential project
impacts on the Eastern Black Rail. Also attending the meeting was Yvonne B. Carver,
Environmental Specialist II, Division of Coastal Management, NC Department of
Environmental Quality.
Following the site visit, Ms. Matthews responded accordingly:
"77ianks for meeting us on site last week and for providing additional information on your
proposed project. The USFWS appreciates the measures you have taken to avoid and
minimize impacts to coastal wetlands and vegetated areas of the site.
Based upon the currently proposed site plans, the USFWS believes that the project is not
likely to adversely affect any federally -listed species, including Eastern black rail. We
appreciate the large buffers provided between most structures and coastal marsh. We also
appreciate the consideration of a conservation easement for the remaining wetlands on the
site.
In early April we scheduled the on -site April 13 meeting. For April, I essentially placed the
engineering and design work on -hold pending Ms. Matthew's comments. With her positive
comments we continued our work in good faith. Now, nearly two months later, we receive a
request to re -design our project, a project that Ms. Matthews, a biologist, determined as 'not
likely to adversely affect any federally -listed species, including the Eastern Black Rail.' She
commended the project on the 'large buffers provided between most structures and coastal
marsh'. Now, we are in receipt of Ms. Dunn's comments wanting more.
Yes, there are some small cabins located within ten (10) feet of coastal marsh, but there was
great thought to determine the placement of all of the structures to minimize the impacts of the
development on the surrounding landsacpe. The RV sites were placed in areas that are
deemed less environmentally sensitive. Greater clearing, fill, and alteration of the landscape is
required for the accomodation of the RV's, further RV's are typically more disruptive with
associated noise and operation. The sites for the cabins were carefully selected and they and
the associated walkways accessing the cabins are on raised pilings to limit impacts. The
elevation of the walkways and cabins minimizes impacts to the natural vegetation and existing
topography. There are also large buffers provided between the cabins. The placement of the
structures in areas less than ten (10) feet is dictated by site conditions (vegetation that we have
located, topography, and viewsheds) as well as vehicular access including emergency
vehicles.
Throughout the planning of the development we have sought to reduce environmental impacts
and minimize. Approximately 3% of the 404 and upland acres are impacted with impervious
improvements. In comparison local zoning allows for 55% impervious lot coverage. The
number of units proposed is 120. Local zoning allows for over 400 units. Further, best
management practices are proposed in managing the stormwater on the site. Further, there is
only one walkway proposed accessing the shoreline from the, uplands.
We have no issues with the use of turbidity curtains during dredging operations. We have no
issues with continuing to pursue conservation easements for the wetlands and non-contiguous
uplands surrounding the developed areas. Further, we have proposed dark sky lighting so that
both wildlife and visitors may enjoy viewing the celestial system. We have also met with NC
Forestry on controlled burns of the wetlands for better management.
Regarding her requests to move the small cabins, we decline to do so for the reasons stated
above. Additionally, the location of the cabins satisfies all state and federal regulations. We
accept her other recommendations.
In closing, from the start we have focused on minimizing impacts. You, Gregg, in your
position of processing CAMA Major applications, recognize the reduced impacts that we have
proposed. I end with Ms. Matthews' (USFWS Biologist) comments that support the plan as
proposed:
• USFWS appreciates the measures you have taken to avoid and minimize impacts to
coastal wetlands and vegetated areas of the site
• Based upon the currently proposed site plans, the USFWS believes that the project is
not likely to adversely affect any federally -listed species, including Eastern black rail
• We appreciate the large buffers provided between most structures and coastal marsh
Please support and approve our application as proposed. If we need to discuss this matter in
greater detail, please let me know.
John M. Robbins III
joaohnmantegmail.com
252.423.0516
Bodnar, Gregg
From: Doug Dorman <dougdaec@gmail.com>
Sent: Monday, June 20, 2022 11:05 AM
To: Bodnar, Gregg
Cc: Howell, Jonathan; Renaldi, Ronald; Carver, Yvonne
Subject: Re: [External] Lower Skyco CAMA permit
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam,
Gregg,
The road had to be widened in some locations to meet minimum road width requirements. The impacts have gone from
7,242 sf ( 0.16 acres) to 11,454 sf (0.26 acres). L
Doug +q IZ�Z Z
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, INC 27949
252-261-7707 office
252-599-2603 cell
On Mon, 20 Jun 2022 at 08:22, Bodnar, Gregg <Rregg.bodnarPncdenr.aov> wrote:
Morning Doug,
We will review and get back to you. We may need updated narrative and forms if the changes are significant. Can you
give us a quick summary of the changes so we know what to look for on the plans? DWR just certified and we are only
waiting on USACE and WRC at this point. So these changes may require additional coordination.
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
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Doug Dorman <dougdaec@gmail.com>
Sent: Wednesday, June 15, 2022 7:44 AM
To: Howell, Jonathan <Ionathan.howell@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: (External] Lower Skyco CAMA permit
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Report Spam.
Jonathan and Gregg,
We had to make some changes to the road width for Lower Skyco, LLC site plan in Wanchese, Dare County. As a result
of these changes the wetland impacts for the road are increasing to 11,454 sf.
I have attached the revised 11x17 sheets 3, 4, 6, & 7 that show the changed wetland impact areas. Is there anything
else you need from me?
Thank you,
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
w
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Lower Skyco LLC.
John Robbins
PO Box 3435
Greenville, NC 27836
Dear Mr. Robbins,
NORTH CAROLINA
Environmental Quality
May 18, 2022
(via email johmnanteo@gmail.com)
This letter is in reference to the application submitted for a Coastal Area Management Act Major
Permit to undertake development activities to develop an RV park and amenities on three lots off
NC 345, in Wanchese, Hyde 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 August 1, 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).
Sincerely,
Gregory W. Bodnar
Assistant Major Permits Coordinator
Cc: DCM Elizabeth City
Doug Dorman (via email dougdaec@gmail.com)
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, May 18, 2022 11:20 AM
To: 'John Robbins'
Cc: Doug Dorman; Carver, Yvonne; Godfrey, Ella M
Subject: Lower Skyco Extension
Attachments: Lower Skyco LLC EXT.pdf
Morning Mr. Robbins,
Please see attached for the extension to the project. Currently I am waiting on USAGE, 401 and WRC. I have requested
comments again this week and once comments are in I should be able to make a final decision thereafter. If any
comments of note come in I will coordinate.
Thanks,
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
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Monday, March 21, 2022 3:31 PM
To: Godfrey, Ella M; Noah Gillam; Owens, Charlan; Pelletier, Josh R CIV CESAW CESAD (US);
Padrick, Lee; DCR - Environmental -Review, Whitfield, Clif, Harrison, James A; Harris,
David B; Jenkins, Shannon; Gupton, Sharon; Moser, Mike, Hilliard, Wanda; Montalvo,
Sheri A; Dumpor, Samir, Thorpe, Roger, Pullinger, Robert C; Dunn, Maria T.; Butler,
Rodney A
Subject: RE: CAMA MAJOR: LOWER SKYCO, LLC IN DARE COUNTY
Attachments: Lower Skyco LLC Proj Narative.pdf; Lost Colony Retreat CAMA MAJ SH9.pdf; Lower
Skyco LLC DCM MP4.pdf
Afternoon all,
Please see above for updated MP4, narrative and Sheet 9 of 15. The revisions include a set of stairs from the pier onto
the beach and associated changes to the narrative and MP4.
Thanks,
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.
From: Godfrey, Ella M <EIIa.Godfrey@ncdenr.gov>
Sent: Tuesday, March 8, 2022 11:48 AM
To: Noah Gillam <noah.gillam@darenc.com>; Owens, Charlan <charlan.owens@ncdenr.gov>; Pelletier, Josh R CIV
CESAW CESAD (US) <Jash.R.Pelletier@usace.army.mil>; Padrick, Lee <Ipadrick@nccommerce.com>; DCR -
Environmental_Review <Environmental.Review@ncdcr.gov>; Whitfield, Clif <clif.whitfield@ncdenr.gov>; Harrison,
James A <James.Harrison@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon
<shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Moser, Mike
<mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A
<sheri.montalvo@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Thorpe, Roger
<roger.thorpe@ncdenr.gov>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Dunn, Maria T.
<maria.dunn@ncwildlife.org>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>
Subject: CAMA MAJOR: LOWER SKYCO, LLC IN DARE COUNTY
Good morning,
Please accept this correspondence as the official distribution of a CAMA APPLICATION for the above referenced
proposal. In the above attachments you will find the standard forms and comment sheet. As before, the comment
sheet will provide the requested comment due date, DCM contact information, etc.
This distribution email has a return receipt notification. Please accept the request, as we use that to log receipt of the
application.
Ella M. Godfrey
Office Assistant IV
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 231
252-331-2951 (fax)
ella.godfrey(cDncdenr.gov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909.
Nothing Compares-- -
Ivil
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
httos://deg.nc.gov/about/divisions/coastal-management/
Bodnar, Gregg
From: Matthews, Kathryn H <kathryn_matthews@fws.gov>
Sent: Wednesday, April 20, 2022 1:35 PM
To: John Robbins; Doug Dorman
Cc: Dunn, Maria T.; Josh.R.Pelletier@usace.army.mil; Olson, Shaun E; Hammond, John;
Johnson, Carmen M; Carver, Yvonne; Renaldi, Ronald; Bodnar, Gregg
Subject: Re: [EXTERNAL] Campground X Site Visit
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Dear Mr. Robbins,
Thanks for meeting us on site last week and for providing additional information on your proposed
project. The USFWS appreciates the measures you have taken to avoid and minimize impacts to coastal
wetlands and vegetated areas of the site.
Based upon the currently proposed site plans, the USFWS believes that the project is not likely to adversely
affect any federally -listed species, including Eastern black rail. We appreciate the large buffers provided
between most structures and coastal marsh. We also appreciate the consideration of a conservation
easement for the remaining wetlands on the site.
Please let me know if you have any additional questions. Have a good week,
Please note that 1 am teleworking almost exclusively. Email is the best way to reach me. Thanks,
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: John Robbins <johnmanteo@gmail.com>
Sent: Tuesday, April 19, 2022 11:59 AM
To: Doug Dorman <dougdaec@gmail.com>
Cc: Matthews, Kathryn H <kathryn_matthews@fws.gov>; Maria T. <maria.dunn@ncwildlife.org>;
Josh.R.Pelletier@usace.army.mil <Josh.R.Pelletier@usace.army.mil>; Olson, Shaun E <shaun_olson@fws.gov>;
Hammond, John <john_hammond@fws.gov>; carmen.johnson@ncwildlife.org <carmen.johnson@ncwildlife.org>;
Carver, Yvonne <yvonne.carver@ncdenr.gov>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Bodnar, Gregg
<gregg. bod na r@ ncde n r.gov>
Subject: Re: [EXTERNAL] Campground X Site Visit
All
Bodnar, Gregg
From: John Robbins <johnmanteo@gmail.com>
Sent: Wednesday, April 20, 2022 9:43 AM
To: Bodnar, Gregg
Cc: Pelletier, Josh R CIV USARMY CESAW (USA); Doug Dorman; Carver, Yvonne; Renaldi,
Ronald
Subject: Re: [External] Re: FW: Lower Skyco LLC Borrow Activity
,CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
,Report Spam..
Gregg:
Thanks for your response. If you look at your first aerial (S-1) that you attached. It is the front pond closest to HWY
345. The peninsula is visible. There is a very small break in that peninsula and that is the area where there would be a
temporary dike and impact to the 404 wetlands. We are working on the revised documents showing the complete 404
impacts. Doug and I are dependent on an engineer in Wilmington producing the drawings, and I am having a tough
time getting these documents including stormwater plan, soil and sedimentation control, etc.
I understand the timetable and potential hold.
I will be in touch.
Thank you.
John M. Robbins III
252.423.0516
On Wed, Apr 20, 2022 at 8:44 AM Bodnar, Gregg <Rreee.bodnar@ancdenr.aov> wrote:
Morning Mr. Robbins,
Thanks for the clarification. This project is very dense and that was very helpful. I spoke to Yvonne and she does
remember Doug discussing those ponds sometime after the project was submitted, but it seems that those ponds are
not in the proposal currently under review. Though they are outside an AEC, they are part of the project and are
relevant to the USACE and possibly others. The updated documentation will be helpful in completing the
proposal. The workplan you mentioned (C-1) is also not part of the workplans submitted (I have attached the
submitted plans and supplemental docs above for reference). So we will need to revise the narrative and workplans to
reflect those additions, with.the impacts associated with them for USACE to review. If those are available soon there
may not be a need to place the project on hold, but with those additional revisions agencies may need additional time
to review the complete project, which will prolong the timeline.
Regards,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Greee.Bodnar@ncdenr.eov
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: John Robbins <iohnmanteo@gmail.com>
Sent: Tuesday, April 19, 2022 4:14 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Cc: Pelletier, Josh R CIV USARMY CESAW (USA)<1osh.R.Pelletier@usace.army.mil>; Doug Dorman
<dougdaec@gmail.com>
Subject: Re: [External] Re: FW: Lower Skyco LLC Borrow Activitiy
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Gregg. They will be reflected in revised documents. The area is not highlighted in the drawing. The are is visible on
sheet C-1, Pond B. There is a peninsula dissecting the front pond with a small gap. This is the area we are proposing to
temporarily dike. Thereafter, the entire peninsula will be removed after material is dredged from front section of pond
adjacent to the roadway, hwy 345. There will be a net gain of jurisdictional area. We are working on revised
documents now. John
On Tue, Apr 19, 2022, 2:27 PM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote:
Afternoon all,
Mr. Robbins, is the pond you are referring to the one on Sheet 3 of 15 in the CAMA application that is the hatched
area adjacent to the bridge and canal, and is approximately 3,168ft2 in area?
And if so will the updates you are describing below be reflected by revising the workplans previously submitted as part
of the CAMA application, or will additional workplans be created?
Just want to make sure I am on the same page and that the correct and accurate workplans are available for review.
Thanks as always,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G reee.Bodnar@ ncdenr.eov
Find a Field Rep (arwis.com)
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: John Robbins <iohnmanteo@email.com>
Sent: Tuesday, April 19, 2022 2:15 PM
To: Pelletier, Josh R CIV USARMY CESAW (USA)<Josh.R.PeIletier@usace.army.mil>
Cc: Bodnar, Gregg <greae.bodnar@ncdenr.gov>; Doug Dorman <douRdaec@emaiLcom>
Subject: [External] Re: FW: Lower Skyco LLC Borrow Activitiy
CAUTION: External email. Do not click links or open 1. attachments unless you verify. Send all suspicious email as an attachment to
.ReporUpam.
Thanks for the response Josh.
We are waiting for the engineer in Wilmington to produce the drawing that reflects the impact. We are modifying the
18 in response to Billy's comments. We should have the drawing this week and I will coordinate with Doug on the
submission.
John M. Robbins III
252.423.0516
On Tue, Apr 19, 2022 at 2:04 PM Pelletier, Josh R CIV USARMY CESAW (USA)<Josh.R.Pelletier@usace.armv.miI>
wrote:
John,
Have these concerns Billy brought up been addressed in the DCM application?
Josh
From: Standridge, Billy W CIV USARMY CESAW (USA) <Billy.W.Standridee@usace.armv.mil>
Sent: Monday, March 28, 2022 10:22 AM
To: John Robbins <johnmanteo@email.com>
Cc: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.armv.mil>
Subject: RE: Lower Skyco LLC Borrow Activitiy
Hi John,
I forgot that this project had other impacts and was going through a CAMA major. The impacts associated with
plugging the ponds connection needs to be accounted for within the CAMA major and associated Corps
authorization. I've copied Josh so he's aware of the potential additional impacts. Please work with him to ensure the
additional impacts are accounted for.
Thanks,
Billy
Billy W. Standridge
Regulatory Specialist
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
(910)251-4595
From: Standridge, Billy W CIV USARMY CESAW (USA)
Sent: Tuesday, March 22, 2022 1:42 PM
To: John Robbins<johnmanteo@gmail.com>
Subject: RE: Lower Skyco LLC Borrow Activitiy
Hi John,
There shouldn't be any issue permitting the filling of the connection on a temporary basis. It would probably be
easiest to use NWP-18 for the permitting. I've attached the form that would need to be filled out to start the
permitting process. I would also need some type of impacts map showing the approximate footprint of the
temporary plug/bulkhead. I would also need to know the approximate timeframe for removal.
Thanks,
Billy W. Standridge
Regulatory Specialist
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
(910) 251-4595
_....... _ - .. ...._.... - ..._.._.__ __.._. ....-...... ... ... .... .._...._ _ .,. _ .._...__ ....... _ .. .- ..
From: John Robbins <johnmanteo@email.com>
Sent: Friday, March 18, 2022 1:15 PM
To: Standridge, Billy W CIV USARMY CESAW (USA) <Billy.W.Standridge Ausace.armv.mil>
Subject: [Non-DoD Source] Lower Skyco LLC Borrow Activitiy
.33
I hope that this email finds you well.
I am working on the environmental permitting for the campground. The Sedimentation and Erosion Control Permit
involves the 'borrowing' material from the front pond adjacent to HWY 345. The connection between the two ponds
is very small approximately 15'. We need to temporarily fill or either bulkhead this area so that we may dewater the
smaller pond adjacent to Highway 345 into the adjacent front pond area. After removing the material from the
smaller front pond, we would remove the earthen area or bulkhead and dig out the entirety of the land
separating the two front ponds.
As we have discussed, the Corps has jurisdiction of the ponds; thus, the filling of the ponds are governed by Corps
regulations.
Representatives with Erosion and Sediment Control have requested that I receive approval from the Corps for the
temporary earthen dam or bulkheading since the area is under the jurisdiction of the Corps. Again, we would
remove this separation upon the dewatering and digging operation.
Please let me know if the Army Corps of Engineers has any objection to the temporary dam in this area.
I have attached an aerial photo with an overlay of the proposed plan. The front pond is identified as'Pond B'. Pond
B is separated by a narrow land mass. The land mass is dissected by a narrow opening about 15' wide.
Thank you for your response or any guidance in the associated permitting.
John M. Robbins III
johnmanteo@gmaii.com
252.423.0516
John M. Robbins III
johnmanteo@gmail.com
252.423.0516
John M. Robbins III
johnmanteo@gmail.com
252.423.0516
Bodnar, Gregg
From:
Matthews, Kathryn H <kathryn_matthews@fws.gov>
Sent:
Thursday, April 14, 2022 4:15 PM
To:
Bodnar, Gregg; Pelletier, Josh R SAW; Dunn, Maria T.
Cc:
Renaldi, Ronald; Carver, Yvonne
Subject:
Re: [EXTERNAL] Lower Skyco LLC
not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Hi Gregg,
I do not envision any additional T and E species surveys to be needed. In the field, we were told that no
coastal wetlands would be impacted or shaded, except for a short boardwalk and the boardwalk to the beach
(the cabins and platforms for the RVs will not be built over the marsh). Basically, we are waiting for the
applicant/consultant to submit a more detailed narrative of the project activities, proximity to coastal
wetlands, and any avoidance/minimization/conservation measures. They anticipate providing that information
next week.
Please note that 1 am teleworking almost exclusively. Email is the best way to reach me. Thanks,
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Thursday, April 14, 2022 3:48 PM
To: Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil>; Matthews, Kathryn H <kathryn_matthews@fws.gov>;
Dunn, Maria T. <maria.dunn@ncwildlife.org>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Carver, Yvonne <yvonne.carver@ncdenr.gov>
Subject: [EXTERNAL] LowerSkyco LLC
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Afternoon all,
I wanted to check in on the field visit on Wednesday and if the result of the visit will require any additional surveys that
would result in an official hold.
Hope all is well,
From: Bodnar. Greaa
To: lohn Robbins; Doug Dorman
Subject: Lower Skyco off hold
Date: Thursday, August 11, 2022 1:33:00 PM
Afternoon all,
I am not able to provide an official off hold letter, but please accept this email that the project was
taken off hold on 8/10/22 with an adjusted 150 day date of 9/3/22. Just waiting on USACE.
Regards,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodna rCadncden r.eov
F20730T110TINTU RMIM
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
r RECENED
DIVISION OF COASTAL MANAGEMENT vz
APPLICATION TRANSMITTAL AND PROCESSING RECORD MNR Og
APPLICANT: Lower Skyco, LLC clo John Robbins COUNTY: Dare MH® GIV
PROJECTNAME: Lost Colony Retreat pCM-
LOCATION OF PROJECT: Parcels 025885000, 025885001, 025885002, 016520000, 016522002 off NC 345 in Wanchese
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-4-22
FIELD RECOMMENDATION: Attached: No
To Be Forwarded: Yes
FIELD REPRESENTATIVE: Yvonne Carver DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: ��-Date
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140) # III(D)
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 3-13-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 5-18-22
EMAIL OUT DATE: 3-8-22
PERMIT FINAL ACTION: ISSUE DENY
END OF NOTICE DATE: 4-2-22
DEED REC'D: Yes
150 DAY DEADLINE: W tL
STATE DUE DATE: 3-29-22
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
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• r'
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
RECEIVED
APR 8 2022
MEMORANDUM NIP SECTION FUMD
TO: Greg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management, Morehead City
THROUGH: Ron Renaldi, District Manager e.A.Q.
Northeastern District, Division of Coastal Management
FROM: Yvonne Carver, Field Representative>.
DATE: 04/05/22
SUBJECT: Recommendations for Lower Skyco, LLC
John Robbins, of Lower Skyco, LLC, proposes the development of a 120-unit
commercial campground at 5 parcels--#025885000, #025885001,
#025885002, #016520000, #016522002--that are located off NC 345 in
Wanchese, Dare County. The new travel trailer park will consist of cabins,.
RV sites, bathrooms, a club. house, pavilion, pool, walkways, gazebo,
observation deck, bridge, culverts, bulkheading, and infrastructure. The
applicant also proposes to dredge an existing ditch/canal and basin. The
development proposed will involve the Estuarine Waters (EW), Public Trust
Area (PTA), Coastal Wetlands (CW) and Coastal Shoreline (CS) AECs.
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 .0206 ESTUARINE WATERS
(d) Use Standards. Suitable land/water uses shall be those consistent with
the management objectives in this Rule. Highest priority of use shall be
allocated to the conservation of estuarine waters and their vital components.
Second priority of estuarine waters use shall be given to those types of
development activities that require water access and use which cannot
function elsewhere such as simple access channels; structures to prevent
erosion; navigation channels; boat docks, marinas, piers, wharfs, and
mooring pilings.
D_E ql� 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
wov'lu r`y�.mim�i� 252.2643901
RECEIVED
Recommendations for Lower Skyco, LLC Page 2 APR 8 2022
15A NCAC O7H .0208 PUBLIC TRUST AREAS RIP SECTION WI®
(a) General Use Standards
(1) Uses which are not water dependent shall not be permitted in
coastal wetlands, estuarine waters, and public trust areas." Restaurants,
residences, apartments, motels, hotels, trailer parks, private roads,
factories, and parking lots are examples of uses that are not water
dependent. Uses that are water dependent include: utility crossings, wind
energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge
approaches, revetments, bulkheads, culverts, groins, navigational aids,
mooring pilings, navigational channels, access channels and drainage
ditches;
Consistent: The applicant is proposing a 288 sf concrete bridge over an
existing ditch with a 3' navigation clearance. There will be road approaches
leading to the bridge.
(b) Specific Use Standards
(1) Navigation channels, canals, and boat basins shall be aligned or
located so as to avoid primary nursery areas, shellfish beds, beds of
submerged aquatic vegetation as defined by the MFC, or areas of coastal
wetlands except as otherwise allowed within this Subchapter. Navigation
channels, canals and boat basins shall also comply with the following
standards:
(A) Navigation channels and canals may be allowed through fringes of
regularly and irregularly flooded coastal wetlands if the loss of wetlands will
have no significant adverse impacts on fishery resources, water quality or
adjacent wetlands, and if there is no reasonable alternative that would avoid
the wetland losses;
(B) All dredged material shall be confined landward of regularly and
irregularly flooded coastal wetlands and stabilized to prevent entry of
sediments into the adjacent water bodies or coastal wetlands;
(C) Dredged material from maintenance of channels and canals
through irregularly flooded wetlands shall be placed on non -wetland areas,
remnant spoil piles, or disposed of by a method having no significant, long-
term wetland impacts. Under no circumstances shall dredged material be
placed on regularly flooded wetlands. New dredged material disposal areas
shall not be located in the buffer area as outlined in 15A NCAC
O7H .O2O9(d)(1O);
(D) Widths of excavated canals and channels shall be the minimum
required to meet the applicant's needs but not impair water circulation;
(E) Boat basin design shall maximize water exchange by having the
widest possible opening and the shortest practical entrance canal. Depths of
boat basins shall decrease from the waterward end inland;
Recommendations for Lower Skyco, LLC
Page 3
(F) Any canal or boat basin shall be excavated no deeper than the
depth of the connecting waters;
(G) Construction of finger canal systems are not allowed. Canals shall
be either straight or meandering with no right angle corners;
(H) Canals shall be designed so as not to create an erosion hazard to
adjoining property. Design may include shoreline stabilization, vegetative
stabilization, or setbacks based on soil characteristics; and
(I) Maintenance excavation in canals, channels and boat basins within
primary nursery areas and areas of submerged aquatic vegetation as defined
by the MFC shall be avoided. However, when essential to maintain' a
traditional and established use, maintenance excavation may be approved if
the applicant meets all of the following criteria;
(i) The applicant demonstrates and documents that a
water -dependent need exists for the excavation;
(ii) There exists a previously permitted channel that was
constructed or maintained under permits issued by the State or
Federal government. If a natural channel: was in use, or if a
human -made channel was constructed before permitting was
necessary, there shall be evidence that the channel was continuously
used for a specific purpose;
(iii) Excavated material can be removed and placed in a disposal
area in accordance with Part (b)(1)(B) of this Rule without impacting
adjacent nursery areas and submerged aquatic vegetation as defined
by the MFC; and
(iv) The original depth and width of a human -made or natural
channel shall not be increased to allow a new or expanded use of the
channel.
This Part does not affect restrictions placed on permits issued after
March 1, 1991.
Consistent: The applicant proposes mechanical maintenance excavation
of the man-made ditch/canal. A total of 4,215 sf of the entrance of the
canal, which connects to the Croatan Sound, is proposed to be dredged to a
connection depth of -4.0' NWL. In addition, 6,250 sf of the northeast section
of the ditch/canal and basin will be dredged to a connecting depth of -3.5'
NWL. The proposed 8,000 sf spoil disposal area will be located south of the
existing basin, with approximately 1,500 sf of the area within the 75' AEC,
and the remainder on high ground. RECEIVED
APR 8 2022
E,as SEC,T10 N W,11D
' OVED
Recommendations for Lower Skyco, LLC APR 8 2022
Page 4
UP SECTION MHD
(7) Bulkheads
(A) Bulkhead alignment, for the purpose of shoreline stabilization, shall
approximate the location of normal high water or normal water level; (B)
Bulkheads shall be constructed landward of coastal wetlands in order to
avoid significant adverse impacts to the resources; (C) Bulkhead backfill
material shall be obtained from an upland source approved by the Division of
Coastal Management pursuant to this Section, or if the bulkhead is a part of
a permitted project involving, excavation from a non -upland source, the
material so obtained may be contained behind the bulkhead; (D) Bulkheads
shall be permitted,below normal high water or, normal water level only when
the following standards are met: (i) the property to be bulkheaded has an .
identifiable erosion problem, whether it results from natural causes or
adjacent bulkheads, or it has unusual geographic or geologic features, e.g.
steep grade bank, which will cause the applicant unreasonable hardship
under the other provisions of this -Rule; (ii) the bulkhead alignment extends
no further below normal high water,or normal water level than necessary to
allow recovery of the area eroded in the year prior to the date of,application,
to align with adjacent bulkheads, or to mitigate the. unreasonable hardship
resulting from the unusual geographic or geologic features; (iii) the bulkhead
alignment will not adversely impact public trust rights or the property of
adjacent riparian owners; (iv) the need for a bulkhead below normal high
water or normal water level is documented by the Division of Coastal
Management; and (v) the property to be bulkheaded is in a non -oceanfront
area.
Consistent: The applicant proposes the construction of 170 linear feet (Ift)
of bulkheading around the area of the basin. This development will include
230f sf of upland excavation.. All work will be at or above NWL.
15A NCAC 07H .0209 COASTAL SHORELINES
(d) Use Standards. Acceptable uses shall be those consistent with the
management objectives in Paragraph (c) of this Rule. These uses shall be
limited to those types of development activities that will not be detrimental
to the public trust rights and the biological and physical functions of the
estuarine and ocean system. Every effort shall be made by the permit
applicant to avoid or,minimize adverse impacts of development to estuarine
and coastal systems through the planning anddesign of the development
project. Development shall comply with the following standards: ('1) All
development projects, proposals, and designs shall preserve natural barriers
to erosion, including peat marshland, resistant clay shorelines, and cypress -
gum protective fringe areas adjacent to vulnerable shorelines;
PzECMVED
Recommendations for Lower Skyco, LLC APR 6 2022
Page 5
MP %SIECTIO'N MID
(2) All development projects, proposals, and designs shall limit the
construction of impervious surfaces and areas not allowing natural drainage
to only so much as is necessary to service the primary purpose or use for
which the lot is to be developed. Impervious surfaces shall not exceed 30
percent of the AEC area of the lot, unless the applicant can demonstrate,
through innovative design, that the protection provided by the design would
be equal to or exceed the protection by the 30 percent limitation.
Redevelopment of areas exceeding the 30 percent impervious surface
limitation shall be permitted if impervious areas are not increased and the
applicant designs the project to comply with the rule to the maximum extent
feasible; (3) All, development, projects, proposals, and designs shall comply
with the following mandatory standards of the North Carolina Sedimentation
Pollution Control Act of 1973: (A) All development projects, proposals, and
designs shall provide for a buffer zone along the margin of the estuarine
water that is sufficient to confine visible siltation within 25 percent of the
buffer zone nearest the land disturbing development. (B) No development
project proposal or design shall propose an angle for graded slopes or fill
that is greater than an angle that can be retained by vegetative cover or
other erosion -control devices or structures. (C) All development projects,
proposals, and designs that involve uncovering more than' one' acre of land
shall plant a ground cover sufficient to restrain erosion within 30 working
days of completion of the grading; unless the project involves clearing land
for the purpose of forming a reservoir later to be inundated.
(4) Development shall not have a significant adverse impact on estuarine
and ocean resources. Significant adverse impacts include development that
would directly or indirectly impair water quality increase shoreline erosion,
alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit
spoils waterward of normal water level'or normal high water, or cause
degradation of shellfish beds. (5) Development shall not interfere with
existing public rights of access to, or use of, navigable waters or public
resources. (6) No public facility shall be permitted if such a facility is likely to
require public expenditures for maintenance and continued use, unless it can
be shown that the public purpose served by the facility outweighs the
required public expenditures for'construction, maintenance, and continued
use. (7) Development shall not cause irreversible damage to valuable,
historic architectural or archaeological resources as documented by the local
historic commission or the North Carolina Department of Natural and
Cultural Resources. (8) Established common-law and statutory public rights
of access to the public trust lands and waters in estuarine areas shall not be
eliminated or restricted. Development shall hot encroach upon public
accessways nor shall it limit the use of the accessways.
REE CbVE
Recommendations for Lower Skyco, LLC
Page 6 APR g 2022
P,`P S--.CTr0N MI -ID
(10) Within the Coastal Shorelines category (estuarine and public trust
shoreline AECs), new development shall be located a distance of 30 feet
landward of the normal water level or normal high water level, with the
exception of the following: (A) Water -dependent uses as described in Rule
07H .0208(a)(1) of this Section; (B) Pile -supported signs,(in accordance with
local regulations); (C) Post- or pile -supported fences (D) Elevated, slatted,
wooden boardwalks exclusively for pedestrian .use and six feet in width or
less. The boardwalk may be greater than six feet in width if it is to serve a
public use -or need; (E) Crab Shedders, if uncovered with elevated trays and
no associated; impervious surfaces except those necessary to protect the
Pump;.(F) Decks/Observation Decks, limited to slatted, wooden, elevated
and unroofed decks that shall not singularly or collectively exceed 200
square feet; and (G) Grading, excavation and landscaping with no wetland
fill except when required by a permitted shoreline stabilization project.
Projects shall not increase stormwater runoff to adjacent estuarine and
public trust waters;
Consistent: Within the 75' AEC, the applicant proposes 4 cabins, road
approaches leading to a bridge, golf .cart paths, parking, 1,768 sf of fill in a
404 jurisdictional man-made pond, a 460'x6' walkway elevated over
wetlands that ,will.. connect with an observation platform (located outside of
the 30' buffer with a 324 sf gazebo and a 540 sf open deck) with steps
providing access to an existing,beach area. '
15A NCAC 07H .0205 COASTAL WETLANDS
(d) Use Standards. Suitable land uses are those consistent with the
management objective in this Rule First priority of use shall be allocated to
the conservation of existing coastal wetlands. Secondary priority of coastal
wetland use shall be given to those types, of, development activities that
require water access and cannot function elsewhere. Unacceptable land
uses include restaurants, businesses, residences, apartments, motels,
hotels, trailer parks, parking lots, private roads, highways, and factories.
Acceptable land uses include utility easements, fishing piers, docks, wildlife
habitat management activities,_ and agricultural uses such as farming and
forestry drainage as permitted under North Carolina's Dredge and Fill Law,
G.S. 113-229, or applicable local, state; and federal laws. In every instance,
the particular location, use, and design characteristics shall be in accord with
the general use standards for coastal wetlands, estuarine waters, and public
trust areas described in Rule .0208 of this Section.
Recommendations for Lower Skyco, LLC
Page 7
Under (b) Specific Use Standards of 07H.0208 (6) Piers and Docking
Facilities, (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: As seen on Sheet 6 of 15, there is 1, 6'x55' elevated walkway
proposed over Coastal Wetlands. This meets the intent of our rules.
Inconsistent: Two-32'x6' bump outs are proposed in association with the
proposed 6' wide, elevated walkway over wetlands. Per the applicant, the
walkway and bump outs will be used by campground patrons, and golf carts
will be used to transport people and recreational equipment to the beach
area. The bump outs would serve as a pull -over location for other cards and
pedestrian traffic on the elevated walkway.
The proposed bump outs would create 2, 12-wide sections in the
walkway, and do not meet our CRC rules.
The remaining development is proposed on high ground, as well as shading
over 404 wetlands. Those activities 56 cabins, 6' wide elevated walkways to
each cabin, 60 RV/travel trailer sites, bathroom facilities, office,
maintenance building, wastewater and repair areas, swimming pool,
clubhouse, pavilion, gazebos, roads, concrete parking, gravel parking, as
well as an observation platform, and walkways over 404 wetlands. There is
also 404 wetland fill proposed for 3 culverts crossing of existing ditch that is
not connected to a tributary, and fill in a man-made pond that is designated
as a 404 wetland area, which is also not connected to jurisdictional waters.
These fill areas are associated with construction for roads and parking.
Based on my review of the applicable subsections of the NC Administrative
Code, the permit application, and plans submitted on behalf of Lower Skyco,
LLC, staff recommends a Major Permit be issued to the applicant subject to
the standard permit conditions of the CAMA, in correlation with project
approval by the other resource agencies, including NC Division of Water
Resources and the US Army Corps of Engineers —with the exception of the
inconsistent bump outs over coastal wetlands.
E G VED
APR 8 2022
Ms P SEEC tl 10N Dye 17)
ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
BRAXTON DAVIS
Director
March 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier04-16-33)
= g borirnrCnlnrdenr pov
SUBJECT: CAMA/Dredge & Fill Review
Applicant: Lower Skyco, LLC
Project Location: Parcels 025885000, 025885001, 025885002, 016520000, 018522002 off NC 345,
Wanchese in Dare County
Proposed Project: Develop a 120-unit campground with travel trailer sites, cabins, walkways,
gazebo, bridge and construct a bulkhead around a basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greau Bodnar at the address above by March 29, 2022. If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
x This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described In the attached
comments.
PRINT NAME
Lee Padrick
NC/Commerce
AGENCY
SIGNATURE
c'7
DATE
3-8-22
MAR 9 2022
MP SECTION MID
North Carolina Department of Environmental Quality I Division of Coastal Management
Ehzeheth City Ornce 1401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909
252.2643901
Gbvemar
ON . DAYIS
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MaTC481 4092
AULWOUND
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SUEUMT'.
ApplicStfta
Prolftt Locatlom
GY09-0 Botifibi, AssistantMajor rmPeits CoqrAfnafor-
NO . DEQ- Division of abastal M . Anq . 9 . e= . en . t
4bb Comrtreriie Ave., Morehead "C N-
JF�ag�.' 262-.247o�30' (Coilder villi' NO2.67
04wlA!iJV0d9W4FJIfFtevj8w
Lower skyl.coiLLO
offNC
Wenchm, to
POPOS(d, 046#0.' Dbv6lop a 4ld-uO.IitoAmpoMuild..with.travel Wildir sues, Cabins WOlkwayal
Please indicate Or'VjoVVpOjnt On th -p
FWWn this hmto Qrsaa gaerna
-
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teoArchN the piroposedprqjedt, pqqiW.YVdhn6 QaN#t-'p,52r264,
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This agancy has no objW1030 the OV61edii proposed:
"Addi6oqqFCOmTehlSmay WattschgO•
This -ag
ency has go 0.*ftirnent On'the.0ropused prbjedt.
This agency approves of the the fed grojft,'Oftlylf Oftniended changes
are incorporated. tee-attiolied
T.liIspgency aliects fO:tfts;PMb0t fbt. feA$ons d0l§Wbed Irl'theattisched
cofflrnorrts.
R LEE 0 E, I V E D
MAR 1 1 2022
1
PAP SECTION PON-1-D
N .. uW'9dpjtdt
25Z2643901
Received: 03/08/2022
State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
ER 21-2759 Due: 3/16/2022
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)
greggbodnarOncdenngov
SUBJECT: CAMA/Dredge & Fill Review
Applicant: Lower Skyco, LLC
Project Location: Parcels 025886060, 025885001, 025886002, 016520000, 016522002 off NC 345,
Wanchese in Dare County
Proposed Project: Develop a 120-unit campground with travel trailer sites, cabins, walkways,
gazebo, bridge and construct a bulkhead around a basin
Please indicate below your agency's position or viewpoint on the proposed' project and
return this form to Grenu Bodnarat'the address above by March, 29, 2022. If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237)-when appropriate, in-
depth comments with supporting data is requested,
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
_X This agency has no comment on the proposed:project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
_ This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY State Historic Preservation Office CETIVED
SIGNATURE
DATE March 15, 2022 MAR 1 6 2022
PAP SECTION IWD
Nuth Carolina Department of Environment al Quality l Division of Coastal Management Elizabeth City Office 140I South Griffin Street, Suite 3001- Elizabeth ' City, North Carolina 27909
252.2643901
From: Moore. Bill
To: Doua Dorman
CC: Bodnar. Greoo
Subject: Lower Skyoo Proposed Campground
Date: Thursday, March 24, 2022 11:14:15 AM
Good Morning Doug,
After a review of the CAMA Major Application, it appears that this project will require a stormwater
permit. Will you be submitting a sw plan/application for this project in the very near future? Please
advise.
Bill Moore, Environmental Engineer
Division of Energy, Mineral and Land Resources
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Phone: (252) 948-3919
D Fm Q�I�
UrpnnT^�� „� � �::.wiwrral0u+l�rr
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
ROY COOPER
Governor
ELIZABEI'H S. BISER
Secretary
BRAXTON DAVIS
Director
March 8, 2022
MEMORANDUM:
a`w SIATE,y
a=
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)
9Mgg bodwffincdemiv
SUBJECT: CAMA/Dredge & Fill Review
Applicant: Lower Skyco, LLC
Project Location: Parcels 025885000, 025885001, 025885002, 016520000, 016622002 off NC 345,
Wanchese in Dare County
Proposed Project: Develop a 120-unit campground with travel trailer sites, cabins, walkways,
gazebo, bridge and construct a bulkhead around a basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Green Bodnarat the address above by March 29, 2022. If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME W "dri- 4-c 1(;"
SIGNATURE W 4! r , 4,6AJ,
DATE
Jiti'S r,, aJ� c5
B. "a a
RECOVE
MAR 2 3 2022
HP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 •1015otnh G,Iffin Street, Suite 3001 Elizabetli City. North Carolina 27909
2522264.7901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
gregg bodnarCa ncdenr eov
SUBJECT: CAMA/Dredge & Fill Review
Applicant: Lower Skyco, LLC
Project Location: Parcels 026885000, 025885001, 025886002, 016520000, 016622002 off NC 345,
Wanchese in Dare County
Proposed Project: Develop a 120-unit campground with travel trailer sites, cabins, walkways,
gazebo, bridge and construct a bulkhead around a basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greua Bodnar at the address above by March 29, 2022. If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Christa Sanderford Pg
AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality S�
SIGNATURE �'lincz!at,/ uZ for Shannon Jenkins
MAR 2 9 2022
DATE 3/29/2022 110P7 � T t q p ^a 5 q
'v'1L.�r tl l��^s`�1 46�Si�'"sezJ
North Carolina Department of Environmental Quality l Division of Coastal Management
Elizabeth City Office 1401 South Gdfnn Street, Suite 3001 Elizabeth City, North Carolina 27909
252.2643901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar; Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04.16-33)
gr—egg bodnarOncdenr gov
SUBJECT: CAMA/Dredge & Fill Review
Applicant: Lower Skyco, LLC
Project Location: Parcels 025885000, 025885001, 025885002, 016520000, 016522002 off NC 345,
Wanchese in Dare County
Proposed Project: Develop a 120-unit campground with travel trailer sites, cabins, walkways,
gazebo, bridge and construct a bulkhead around a basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grmc; Bodnar at the address above by March 29, 2022. If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached'"
x This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME .James Harrison
AGENCY NCDMF
SIGNATURE ,aa1-cekf{ArriPaiV
DATE 29 March 2022
`J >
74
l
REEME ED
MAR 2 9 2022
FOP SECTION NINID
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth: City office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carollna27909
252.2643901
ROY'COOPER
Cnveinor
ELIMETH & BISER
secr2tary .
BRAXTON DAVIS
DirePtor
March 6, 2022
MEMORANDUM.
FROM:
SUBJECT:
Applicant.
Project Location
Proposed Project:
Gregg:Etodnar, Assistant Major Permits Coordinator
NCDEQ - DiVis'ioh of Coastal Management
40d Commerce Ave:, Morehead. Clty,-.NC 28557
Fax:252-W47 336(4:ouper04apO,")
ereembodnar0neden nariv-
CAMA7DredgeAF#1 Raview
Lower $kycoi LLC
Parcels 025885040; 025806001, 025885002i 016520Q40, 016622002 off NC:345,
Wanchsee In Dare County
Develop.a 120.unit campground With travel trailer sites, cabins, walkways,
.gazebo, bridge and construct a bulkhead around a basln
Please indicate below your 2gency's.position orviewpoint on -the proposed project.and
retarn th)sform to Gpogre Bodnar at address above by Mach 28,2022. IF you have any questions
regarding. the proposed project, contact: Yvonne: Carver (252-28439O1, ext, 237) when appropriate, in-
depth comments with: supporting date.is regoesteil.
REPLY: This. agency has no objection to the project as proposed.
'"Additional comments may be: attached`"
T 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.
ix 5
PRINT NAME Ct'1 � w l «► � s
AGENCY Nwt�Q D
61G
DATE
MAR 31 2022
FAP SECTION IVIHD
North Carolina DePartment of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 3001 Eliuheth Gty.NoetlrCaroflna2r909
e°"^^ 232.2643901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
REMOVED
MEMORANDUM
TO: Gregg Bodnar, Major Permits Processing Coordinator MAR 3 1 2022
Division of Coastal Management
FROM: Charlan Oweri ICP, NE District Planner POP SECT00H 1UND
Division of Coa tal Management
SUBJECT: Major Permit Request by Lower Skyco, LLC to install a 120-unit commercial
campground with associated site and shoreline improvements and maintenance
dredge a portion of a man-made basin and an associated entrance canal
connecting to the Croatan Sound; on an unaddressed property located on the west
side of NC 345, just south of 2046 NC 345, in Wanchese, Dare County.
DATE: March 31, 2022
Consistency Determination: The request is consistent with/not in conflict with the Dare
County 2009 Land Use Plan certified by the CRC on February
24, 2011.
Overview: The 340 acre subject property consists of five (5) parcels (025885000, 025885001,
025885002, 016520000 and 016522002) located on the west side of NC 345. The subject
property has over 1 mile of shoreline along the Croatan Sound and over 2.3 miles of shoreline
along a connecting man-made basin, ditches and canals, including a canal that connects to Baum
Creek. A sand beach is located, along a portion of the sound shoreline. The subject property
contains 292 acres of wetlands (Coastal and Section 404) 24.74 acres of ponds and 23.26 acres
of Highground. The majority of elevations on the property range from 1-2 feet above Normal
Water Level (NWL), however sections of highground range from 3 to 4 feet above NWL. The
subject property is primarily in the AE(4) Floodzone, with a narrow strip of Shaded X located along
a dirt roadway just north of the basin.
Installation of a 120-unit commercial campground with associated site and shoreline
improvements and maintenance dredging of a portion of the man-made basin and an associated
entrance canal connecting to the Croatan Sound are proposed. The campground will be
accessed from a single connection onto NC 345 with internal asphalt roads providing access to
60 travel trailer pads, 60 elevated cabins and associated amenities dispersed throughout the
property. Site improvements also include concrete and gravel parking areas, a 12 foot wide by
24 foot long pre -cast concrete bridge installed with 3 foot of horizontal navigational clearance,
three (3) 4 foot diameter concrete culverts (46 feet, 50 feet and 130 feet in length), golf cart paths,
over 615 linear feet of 6 foot wide elevated walkways including a 15 foot by 30 foot observation
North Carolina Department of Environmental Quality I Division of Coastal Management
® Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
U�� -;� /'� � 2522643901
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 8
platform and two (2) 6 foot wide by 32 foot tumarounds, wastewater system, waterlines, an
office/check-in building, a clubhouse with pavilion and pool, bathroom facilities, maintenance
building, and an 80 foot by 100 foot spoil site. Shoreline improvements include an 18 foot by 18
foot gazebo and 540 sq. ft. open deck adjacent to the sound at the sand beach and 170 linear
feet of bulkhead along the westernmost basin. Dredging of the entrance canal connecting to the
Croatan Sound to a depth of -4 feet below NWL and a section of the basin to a depth of -3.5 feet
below NWL is proposed. Current water depths taken at the entrance of the canal leading to the
basin range from -5 feet to -2 feet below NWL. Water depths at the center of the canal currently
range from -4 feet to -1.6 feet below NWL. And, water depths of the basin currently range from -
1.2 to -2 feet below NWL.
The waters of Croatan Sound and the connecting tributaries are classified as Coastal Waters and
as Class SA and HQW waters. Waters in the project area are closed to shellfish taking. The
applicant's narrative indicates that no submerged aquatic vegetation (SAV) was observed within
the ditch, basin, or the entrance to the ditch at the Croatan Sound. The State Historic Preservation
Office has reviewed the project area and were aware of no historic resources that would be
affected by the project.
Anticipated Impacts resulting from this project are expected to include: the dredging of 230 sq.
ft. of Estuarine Shoreline Area of Environmental Concern (AEC) and .24 acre of Public Trust
Area/Estuarine Waters AEC; the filling of .17 acre of Section 404 Wetlands and 170 sq. ft. of
Estuarine Shoreline AEC; the shading of .31 acre of Section 404 wetlands, 3,474 sq. ft. of Coastal
Wetlands AEC, 1,543 sq. ft. of Estuarine Shoreline AEC, and 288 sq. ft. of Public Trust
Area/Estuarine Waters AEC; the impervious coverage of .25 acre of Estuarine Shoreline AEC,
and; the disturbance of 1,500 sq. ft. of Estuarine Shoreline AEC and 18.17 acres of High Ground
outside of an AEC.
Basis for Determination:
The Dare County Land Classification Map identifies the subject property as "Conservation" and
"Community Village". As indicated on Page 217, the "Conservation" designation applies to all
CAMA Areas of Environmental Concern (AECs) and all federal lands except for the bombing
ranges on the Mainland and some state-owned lands in Frisco and Buxton.
As indicated on Page 217 for the "Conservation" designation, "...development should be limited
to residential development and traditional accessory uses permitted in the CAMA AECs such as
but not limited to piers, docks, and crab -shedders." The purpose of the "Conservation"
classification is to provide for the effective long-term management and protection of significant,
limited, or irreplaceable areas. Land disturbing activities should not occur unless in conjunction
with an authorized development. Authorized development should include provisions and
conditions that minimize impacts to any natural, cultural, historic, and scenic values of the areas
authorized for development. As indicated on Page 211 for the "Community Village" designation,
"(t)he purpose of this subclass is to identify areas with a mixture of low -density residential
dwellings, various commercial services and small retail business in a village environment... (t)his
sub -class seeks to preserve the unique mix of land uses that distinguish a non -urbanized coastal
village and to prevent the introduction of urban influences or development that changes or
overwhelms the existing patterns of land use by disrupting the 'village' environ WtCEIVED
D 1pWft�.North Carolina Department of Environmental Quality l Division of Coastal Management �1
pElizabeth City office 1 401 South Griffin Street, Suite 3001 Elizabeth City, NortYARrQz7$0Y022
r+cwmrs"o,
2522643901
MP SECTION 06HD
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 3 of 8
The applicant's narrative indicates they submitted a site plan and have been approved by the
Dare County Planning Department for a 120-unit campground.
The following LUP policies may be applicable to this request:
Public Access:
Policy PA#1, Page 142.
"Dare County supports the preservation and protection of the public's right to
access and use of the public trust areas and waters."
Policy PA#3, Page 142.
"Dare County supports North Carolina's shoreline access policies and grant
programs and recognizes the importance of shoreline access to our local
residents and our tourist economy. Thus, the County will continue to seek
opportunities to expand access, including opportunities for the disabled,..."
Land Use Compatibility:
Coastal Heritage
Policy LUC#1, Page 149.
"Dare County recognizes the importance of our coastal village heritage and will
continue to work toward the preservation of that heritage with appropriate land
use guidelines and regulations."
Policy LUC #2, Page 149.
"Public sector and private sector development activities should recognize Dare
County's coastal heritage and incorporate traits reflective of our heritage in
building design and other site features and improvements."
REGErVED
MAR 3 1 2022
MP SECTION, MHD
D North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
252-2643901
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 4 of 8
Commercial Development
Policy LUC #6, Page 152,
"Commercial development should be designed to meet the needs of Dare
County's unincorporated villages and not to serve as regional commercial
centered..."
Policy LUC #7, Page 155.
"Commercial businesses, regardless of size, should individualize their sites and
building designs to reflect Dare County's coastal heritage..."
Land Disturbance
Policy LUC #14, Page 159.
"Tree clearing and land disturbing activities on small residential lots or other
private property should be done prescriptively or according to the guidelines of
NC Cooperative Extension office or the UNC Coastal Studies Institute. The use
of fill material on private property, although not currently regulated by the Dare
County Zoning Ordinance, should be accomplished in a responsible manner."
Archaeological/Historic Resources
Policy LUC#15, Page 159.
"The Dare County Board of Commissioners supports the protection of structures,
lands, and artifacts that have been identified by the NC Department of Cultural
Resources, Division of Archives and History, as archaeologically or historically
significant. On a case -by -case basis individual protection/management strategies
should be implemented to ensure archaeological and/or historical resources are
not destroyed."
RZECENED
MAR 3 1 2022
ViA 6-3 SECTION WID
efW EQZ. North Carolina Department or Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carollna27909
mrrmr.w.e
2522643901
North Carolina Department of Environmental Quality
Division of Coastal Management
Infrastructure Carrying Capacity:
Wastewater
Policy ]CC #3, Page 167.
MEMORANDUM
Page 5 of 8
"Centralized wastewater treatment and collection systems, for both on -site and
off -site service, are considered appropriate methods for wastewater treatment in
addition to the use of individualized on -site wastewater systems and traditional
septic tank/drainfield systems. Although there are no publicly -owned central
wastewater treatment systems in unincorporated Date County except for the
Stumpy Point system, such systems may be beneficial alternatives in
terms of water quality protection."
Natural Hazards:
Estuarine Systems
Policy NH#2, Page 180.
"Estuarine shoreline development should continue to be managed to protect and
preserve the natural resources of the estuarine waters and the estuarine
shoreline. The appropriate tools for this are the existing CAMA permit program
and the Areas of Environmental Concerns (AECs) designated under the CAMA
program..."
Implementation Strategy, Page 180.
"I. Rely on existing CAMA AEC regulations to address
development activities along the ocean beaches, estuarine
shoreline, and other public trust areas in unincorporated Dare
County..
2. Rely on the regulations of the Dare County Zoning Ordinance
for development activities along estuarine shoreline areas."
Policy NH#3, Page 180 and Policy WQ10, Page 192.
"Dare County supports the installation and maintenance of estuarine bulkheads.
Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate
alternatives for property owners for addressing estuarine shoreline management
in lieu of estuarine bulkheads where these other techniques may be equally
effective in abating a shoreline erosion problem."
RECEIVED
North Carolina Department of Environmental Quality I Division of CoastalMarMAnt3 1 2022
Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
c+cw�mnaa vn �
2522643901 _ P SECTION MHD
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 6 of 8
Policy NH#5, Page 181.
"Dare County supports, as minimum standards, the administration and
enforcement of all applicable floodplain management regulations and the
National Flood Insurance Program..."
Policy NH #6, Page 182.
"Dare County shall use construction standards, such as elevation of buildings
and the wind zone requirements for mobile homes and zoning regulations, such
as the setbacks from water bodies and erosion -prone areas to mitigate the
effects of high winds, storm surge, flooding, wave action, and erosion."
Water Quality:
Policy WQ#2, Page 188.
"Development projects shall be designed and constructed to minimize
detrimental impacts on surface water quality, groundwater quality, and air quality.
Structures should be designed to fit the natural topographic conditions and
vegetation versus modifications to natural conditions to accommodate
structures."
Stormwater
Policy WQ#5, Page 190.
"Efforts to manage stormwater runoff should be based on local conditions and
natural features. Properties immediately adjacent to SA classified waters should
be developed consistent with the dimensional standards and lot coverage
limitations of the Dare County Zoning Ordinance. Vegetative buffers and other
low -impact development methods identified by the UNC Coastal Studies Institute
are appropriate tools to address stormwater runoff adjacent to SA waters."
Wetlands
Policy WQ #7, Page 192.
"Dare County advocates the use of existing (2009) state and federal regulatory
programs for protecting and preserving coastal wetland areas of environmental
concern..:"
ECIVD
MAR 3 1 2022
D NM O% North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 270f�}�9009a
2522643901 PAP SECTION' MPID
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 7 of 8
Policy WQ #8, Page 192.
"Dare'County supports the U.S. Army Corps of Engineers nationwide permit
program as administered in 2009. This support is based on the current scope of
permitting limits of the nationwide program and not any changes that may result
in a different policy..."
Policy WQ #9, Page 192.
"...The use of wetland mitigation for private development projects may be
deemed suitable if such projects are consistent with other policies of the Dare
County Land Use Plan and recognized as serving a public need by the Dare
County Board of Commissioners."
Fisheries Resources
Policy WQ#11, Page 193.
"Dare County recognizes the importance of our surrounding waters that serve as
habitats for the area's abundant fisheries resources. The continued productivity
of Dare County's fisheries shall be fostered through restoration and protection of
the unique ecosystems upon which they depend. Dare County supports
measures to protect and preserve designated primary nursery areas by the
Division of Marine Fisheries..."
Local Areas of Concern:
Tourism
Policy LAC#6, Page 201.
"Dare County supports the concept of combining natural resources and tourism
to promote the area's ecological values, known as "eco-tourism."
Policy LAC#7, Page 201.
"The quality of life of Dare County residents should be carefully balanced with the
tourist -based economy of the Outer Banks. Maintaining a good quality of life for
our permanent population and ensuring a safe and enjoyable vacation
experience should be a goal of all local, state, and federal agencies responsible
for the promotion and tourism in Dare County and North Carolina."
E LP
North Carolina Department of Environmental Quality 1 Division of Coastal Man-M-t 3 1 2022
Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
252264.3901
Vw,? SECTION MHD
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 8 of 8
Policy LAC#8, Page 201.
"Dare County recognizes the importance of tourism to our local economy and
supports efforts to maintain our status as a desirable place to live, visit and
vacation..."
Channel Maintenance
Policy LAC#10, Page 202.
"Dare County advocates the dredging and other associated maintenance
activities of all existing navigable channels, canals, boat basins, marinas and
waterways. Such activities are of vital importance to our local residents,
fisherman, and tourist economy."
DEQ
;a9.,wm, wmmv�
FEE—00V D
MAR 31 2022
MP SECTION MHD
North Carolina Department: of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
2S22643901
c
From: Dunn. Maria T.
To: Bodnar. Greco
Subject: RE: [External] Comments In Response to Wildlife Resource Commission Campground X r
Date: Tuesday, June 21, 2022 9:17:01 AM Cp,.�Clwr•' ' nc '�'� "~
sr ...LN_
Thanks Gregg. I've read the response and have nothing further at this time. It would have been good
to get the extra distance in the buffers, but did not have high expectations.
I do think the importance of the conservation easement and buffers may not have been expressed in
the USFWS email to the extent they needed to be. The conservation easement on the coastal
wetlands and all remaining Section 404 wetlands would be very important.
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office:252-948-3916
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Tuesday, June 21, 2022 9:06 AM
To: Dunn, Maria T. <maria.dunn@ncwildlife.org>
Subject: FW: [External) Comments in Response to Wildlife Resource Commission Campground X
Hey Maria,
Response to your comments on Lower Skyco. In summary it looks like they are still interested in the
conservation easement and the turbidity curtain, but not increasing the CW buffer.
Let me know any thoughts when you can,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar0ncdenr.gov
-w
Find a Field Rep(arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
--,---- --- -------------- From: John Robbins <johnmanteo()a gmail.com>
Sent: Monday, June 20, 2022 5:52 PM
To: Bodnar, Gregg <greee.bodnar(a)ncdenr.gov>; Doug Dorman <dougdaec(@gmail.com>
Subject: [External] Comments in Response to Wildlife Resource Commission Campground X
CAUTION: External email: Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Gregg:
I hope that your time away from the office last week was good.
Doug Dorman shared with me the letter dated June 10 from Maria Dunn, Coastal Coordinator
Habitat Conservation Division, Wildlife Resource Commission regarding Campground X.
The initial scoping meeting was held on November 30. Extensive drawings and detailed information
was submitted for the meeting attendees. On April 13 at the request of Ms. Dunn and Kathy
Matthews, INC Renewable Energy Coordinator & Fish and Wildlife Biologist, U.S. Fish and Wildlife
Service an on -site meeting was conducted to review potential project impacts on the Eastern Black
Rail. Also attending the meeting was Yvonne B. Carver, Environmental Specialist 11, Division of Coastal
Management, NC Department of Environmental Quality.
Following the site visit, Ms. Matthews responded accordingly:
"Thanks for meeting us on site last week and for providing additional information on your proposed
project. The USFWS appreciates the measures you have taken to avoid and minimize impacts to
coastal wetlands and vegetated areas of the site.
Based upon the currently proposed site plans, the USFWS believes that the project is not likely to
adversely affect any federally -listed species, including Eastern black rail. We appreciate the large
buffers provided between most structures and coastal marsh. We also appreciate the consideration
of a conservation easement for the remaining wetlands on the site.,
In early April we scheduled the on -site April 13 meeting. For April, I essentially placed the
engineering and design work on -hold pending Ms. Matthew's comments. With her positive
comments we continued our work in good faith. Now, nearly two months later, we receive a
request to re -design our project, a project that Ms. Matthews, a biologist, determined as'not likely
to adversely affect any federally -listed species, including the Eastern Black Rail.' She commended
the project on the'large buffers provided between most structures and coastal marsh'. Now, we are
in receipt of Ms. Dunn's comments wanting more.
Yes, there are some small cabins located within ten (10) feet of coastal marsh, but there was great
thought to determine the placement of all of the structures to minimize the impacts of the
development on the surrounding landsacpe. The RV sites were placed in areas that are deemed less
environmentally sensitive. Greater clearing, fill, and alteration of the landscape is required for the
accomodation of the RV's, further RV's are typically more disruptive with associated noise and
operation. The sites for the cabins were carefully selected and they and the associated walkways
accessing the cabins are on raised pilings to limit impacts. The elevation of the walkways and cabins
minimizes impacts to the natural vegetation and existing topography. There are also large buffers
provided between the cabins. The placement of the structures in areas less than ten (10) feet is
dictated by site conditions (vegetation that we have located, topography, and viewsheds) as well as
vehicular access including emergency vehicles.
Throughout the planning of the development we have sought to reduce environmental impacts and
minimize. Approximately 3% of the 404 and upland acres are impacted with impervious
improvements. In comparison local zoning allows for 55% impervious lot coverage. The number of
units proposed is 120. Local zoning allows for over 400 units. Further, best management practices
are proposed in managing the stormwater on the site. Further, there is only one walkway proposed
accessing the shoreline from the uplands.
We have no issues with the use of turbidity curtains during dredging operations. We have no issues
with continuing to pursue conservation easements for the wetlands and non-contiguous uplands
surrounding the developed areas. Further, we have proposed dark sky lighting so that both wildlife
and visitors may enjoy viewing the celestial system. We have also met with NC Forestry on
controlled burns of the wetlands for better management.
Regarding her requests to move the small cabins, we decline to do so for the reasons stated above.
Additionally, the location of the cabins satisfies all state and federal regulations. We accept her
other recommendations.
In closing, from the start we have focused on minimizing impacts. You, Gregg, in your position of
processing CAMA Major applications, recognize the reduced impacts that we have proposed. I end
with Ms. Matthews' (USFWS Biologist) comments that support the plan as proposed:
• USFWS appreciates the measures you have taken to avoid and minimize impacts to coastal
wetlands and vegetated areas of the site
• Based upon the currently proposed site plans, the USFWS believes that the project is not
likely to adversely affect any federally -listed species, including Eastern black rail
• We appreciate the large buffers provided between most structures and coastal marsh
Please support and approve our application as proposed. If we need to discuss this matter in
greater detail, please let me know.
John M. Robbins III
iohnmanteo(@Rmail.com
252.423.0516
11'791 North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
MEMORANDUM
TO: Gregg Bodnar
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: June 10, 2022
PZZECEIVED
J U N 1 0 2022
RM SECTION El,IM
SUBJECT: CAMA Dredge/Fill Permit Application for Lower Skyco, LLC (Campground X)
c/o John Robbins, Dare County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located on five
parcels located off NC 345 in Wanchese, NC adjacent the Croatan Sound. Our comments are provided in
accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through I I3A-128), as
amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act
(FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et
seq.).
Lower Skyco, LLC has submitted a site plan to develop a 120-unit campground on 340 acres. The
property consists of five parcels with the vast majority of the site, 292 acres, composed of coastal and
Section 404 wetlands. The upland areas will be developed with a mixture of travel trailer sites and small
cabins. Infrastructure improvements include roads, parking areas, restroom facilities, sixty travel trailer
site pads, check in facility, wastewater systems, and waterline improvements.
Proposed elevated cabins, elevated walkways with some portions over 404 and coastal wetlands,
installation of a precast concrete bridge over the existing manmade ditch. The existing manmade ditch
and basin will be dredged and bulkheaded. A 6' wide elevated wood walkway with two 6' by 32' bump
outs will provide access to the existing beach area, a gazebo, and elevated deck with 6' x 12' wide stairs
to access the adjacent waters of the Croatan Sound. Golf carts will be using the walkway to transport
people and recreational equipment to the beach area. The proposed bump outs will serve as a pullover
location for other golf carts and pedestrian traffic along the walkway.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
Page 2
The cabins and walkways will be constructed on pilings and elevated a minimum of 6' above grade with a
portion of some the cabins over 15,911 sf of Section 404 wetlands. Land disturbance in these areas will be
limited to pile installation and possible tree removal at the location of the cabins and walkways. Buffer
distances between development and coastal wetlands range from 5' to 70'.
There are several locations within the proposed project area that will directly impact 404 wetlands. Three
road crossings will impact 4,074 sf of an existing jurisdictional ditch, with each crossing having a 4'
culvert installed under the crossing to maintain hydrologic connectivity. Additional 404 wetland impacts
include 3,168 sf of fill within a man-made pond for the construction of the bridge approach and parking
area.
The NCWRC has reviewed the project proposal and was involved in the scoping meeting, on -site
meeting, and numerous discussions with the applicant, NC Division of Coastal Management (NCDCM)
and US Fish and Wildlife Service (USFWS). Our agency did not have significant concerns regarding the
direct wetland and water impacts proposed for the project. However, these parcels and their significant
acreage of coastal wetlands bordered with Section 404 wetlands provide suitable habitat for black rail
(Laterallus jamaicensis), a bird listed by the USFWS as threatened on the endangered species list. These
elusive and secretive birds utilize areas like those on the subject property, particularly areas with black
needle rush (Juncus roemerianus) and its interface with Section 404 wetlands.
During discussions with the applicant and USFWS, the NCWRC emphasized the importance of this
habitat area and how preservation of this area and avoidance of disturbance are of utmost importance.
While cabins are only proposed over Section 404 wetlands, the buffer distance between development and
coastal wetlands is only 5' in some locations. We request the applicant consider extending this minimum
distance as much as possible. While we understand there may be some constraints for emergency vehicles
use, other areas may be able to be pulled back to extend the distance of development from the coastal
wetlands. At this time, a minimum distance of 10' would be acceptable, though greater than 50' is
preferred. In addition to increased buffer widths, signage could be posted in these areas to minimize
activities and disturbance of areas outside the upland camping areas, requesting campers not traverse in
the coastal wetlands or disturb the wetland areas outside the upland camping sites. The applicant indicated
during discussions with NCWRC and USFWS that they were amenable to a conservation easement. A
conservation easement would provide greater protection to wetlands and wildlife habitats while still
allowing the uplands to be used as a camping resort. We strongly encourage this route be taken, offering
guidance if requested by the applicant.
Part of the project includes dredging a small canal and basin area, stabilizing the shore with bulkhead.
While we do not have significant concerns with the dredging, we do request a turbidity curtain be placed
so as to minimize disturbance within the Croatan Sound from any elevated turbidity levels.
We appreciate the opportunity to review and comment on this permit application and request any future
modifications be circulated to resource agencies for review. Changes in the development or use of the
property may affect listed species and require consultation from the USFWS. If you need further
assistance or additional information, please contact me at (252) 948-3916 or at
maria. dunn@ncwi l dlife.ore
RECEIVED
J U N 1 0 2022
FsP SECTM tl'6dit1 101110
Bodnar, Gregg
From: Noah Gillam <noah.gillam@darenc.com>
Sent: Tuesday, June 28, 2022 10:13 AM
To: Bodnar, Gregg
Subject: [External] Re: Lower Skyco LLC CAMA application
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
G regg,
I don't think we need anything from DCM. The Planning Board reviewed this project back in October of 2021. If you can
just provide me with a copy of the issued permit once it has been completed.
On Tue, Jun 28, 2022 at 9:51 AM Bodnar, Gregg <greeg.bodnar@ncdenr.gov> wrote:
Morning Noah,
I wanted to check in on any comments from the county. This is a large project with many pieces and we wanted to see
if there was anything you needed from DCM.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg.Bodnar@ ncden r.gov
Find a Field Rep (arcgis.com)
.0.
From: Matthews. Kathryn H
To: Bodnar. Greaa: Pelletier. Josh R SAW; Dunn. Maria T.; Harrison. lames A; Tankard. Robert; Moore. Bill; Dumoor.
Samir
Cc: Renaldi. Ronald: Carver Yvonne
Subject: Re: [EXTERNAL] Lower Skyco, Lost Colony Retreat
Date: Tuesday, July 5, 2022 2:52:14 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
Iattachment to BQport Spam
Oh - I am sorry Gregg, didn't mean to address it to Ron.
From: Matthews, Kathryn H <kathryn_matthews@fws.gov>
Sent: Tuesday, July 5, 2022 2:51 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Pelletier, Josh R SAW
<]osh.R.Pelletier@usace.army.miI>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Harrison, James A
<]ames.Harrison@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; Moore, Bill
<bill.moore@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Carver, Yvonne <yvonne.carver@ncdenr.gov>
Subject: Re: [EXTERNAL] Lower Skyco, Lost Colony Retreat
Hi Ron,
Thank you for continuing to coordinate with us on this project. The additional wetland fills are
concerning, but we are pleased with the proposal to conserve all "coastal wetlands, non-
contiguous 404 wetlands and non-contiguous uplands." In this instance, it is difficult to
determine what Mr. Robbins means by non-contiguous, and it is difficult to visualize without
maps or figures.
At any rate, I recommend that the permit require the preservation of all remaining wetlands
(subject to state and/or federal jurisdiction) on the parcel(s) in perpetuity, through a legal
instrument. Do you have some standard language for that, or do I need to get more specific?
Thanks!
Please note that I am teleworking Wednesday through Friday, every week. Email is the best
way to reach me. Thanks,
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Wednesday, June 22, 2022 8:41 AM
To: Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil>; Dunn, Maria T.
<maria.dunn@ncwildlife.org>; Harrison, James A <James.Harrison@ncdenr.gov>; Matthews, Kathryn
H <kathryn_matthews@fws.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; Moore, Bill
<bill.moore@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Carver, Yvonne <yvonne.carver@ncdenr.gov>
Subject: [EXTERNAL] Lower Skyco, Lost Colony Retreat
This email has been received from outside of DOI'- Use caution before clicking on
links, opening attachments, or res onding.
Morning all,
Please see above for revised sheets that replace sheets 3,4,6 and 7 of 15 to the Lower Skyco Project.
Below is a list of the increased 404 fill numbers resulting from the changes. Specific locations, noted
on the workplans as Fill "A-M" have either increased or been added. The increase in 404 fill is due to
widening the road at these locations.
Sheet 3of15 has 3,389 sf of fill
Sheet 4of15 has 898 sf of fill
Sheet 6of15 has 152 sf of fill
Sheet 7of15 has 7,015 sf of fill
Total = 11,454 sf, which is an increase from the originally proposed 7,242 sf
If these changes result in revised comments or updates to existing certifications or authorizations
please let me know. If additional information is required based on these changes please let me
know as well.
In addition, the applicant is looking into conservation easements for the remaining wetlands on site
and may be in touch to discuss. If an easement is a required piece to approval please let me know.
Thanks as always,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G rege. Bo d na r(@ n cden r.gov
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Lower Skyco, LLC
Attn: John Robbins
PO Box 3435
Greenville, North Carolina 27836
NORTH CAROLINA
Enytronrne ua/ Qua&y
July 26, 2022
Subject: Approval of Individual 401 Water Quality Certification
Lost Colony Retreat
USACE Action ID. No. SAW-2020-01453
Dear Mr. Robbins:
DWR # 2022-0367 v1
Dare County
RECEIVED
JUL 2 6 2022
LIP Sc.CTION MHD
Attached hereto is a copy of Certification No. WQC004937 issued to Lower Skyco, LLC, dated July 26, 2022. This
certification voids the certification dated June 14, 2022. This approval is for the purpose and design described in
your application. The plans and specifications for this project are incorporated by reference as part of this Water
Quality Certification. If you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of
this Certification and is responsible for complying with all conditions. [35A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited
to, Sediment and Erosion Control, Non -Discharge, CAMA, Water Supply Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or
waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to
water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive
or other right of priority with respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section
404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this
Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality
Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the
Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee becomes aware of the circumstances.
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 2 of 10
The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or
wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)
from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations
(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S.143-215.6A, these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)
within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina
General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding
requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification
in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500.
Please contact Robert Tankard at 252-948-3921 or robert.tankard@ncdenr.¢ov if you have any questions or
concerns.
Sincerely,
Ra" TAI.lr.H.[
Robert Tankard, Assistant Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: John Robbins, johnmanteo@gmail.com
Doug Dorman, dougdaec@gmail.com R ry
Gregg Bodnar, DCM, gregg.bodnar@ncdenr.gov
Josh Pelletier, Washington USCOE;josh.r.pelletier@usace.army.mil
Laserfiche JUL 2 6 2022
North Carolina Department of Environmental Quality I Division of Water Resources �]`�q•E��q",)
D_E Q ii 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North C�tf p79ERECTION 4 V D
^ r/ 919.707.9000
oeo.wooaumm a.n�
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 3 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQ004937 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and
15A NCAC 02B .0200, to Lower Skyco, LLC., who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on March 8,
2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
W1— Wetland Fill
0.19 (acres)
0 (acres)
W2-Shading
0.49 (acres)
0 (acres)
Open Waters
OW 1- Dredging
0.24 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02b .0220 Tidal Salt Water Quality for Class SA Waters;
(19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level
due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC
02b .0221]
2. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e., sea turtle nesting, fish spawning, or
bird nesting), then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC),
US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries
Service (NMFS) to less impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or
other aquatic species of concern shall be implemented. Exceptions to this condition require written
approval by the resource agency responsible for the given moratorium E—C,"b EPaV D
J U L 2 6 2022
Noah Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah
o�.nm-+e��w®.=N� 919.707.9000
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 4 of 10
3. Dredging shall not cause Shellfish Closures
The effluent water from the dredge spoil should not be released into open shellfish waters.
Shellfish Sanitation and the Division of Water Resources must be notified if this is to occur.
4. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Hidden Lake Wetland Mitigation Bank to
meet this mitigation requirement. Until the Hidden Lake Wetland Mitigation Bank receives and
clears your payment, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the Hidden Lake Wetland Mitigation Bank to
meet the following compensatory mitigation requirement 115A NCAC 02H .0506 (b)(6)1:
Compensatory Mitigation
Required
River and Sub -
basin Number
Stream
0 (feet)
Wetlands
0.2 (acres)
Pasqu-03020105
Waters
0 (acres)
Buffers
0 (square feet)
5. The permittee shall report to the DWR Washington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .02001, including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the.time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture), and
that activities must not cause water pollution that precludes any best use on a short-te rr� p�
long-term basis. R I
J U L 2 6 2022
North Carolina DepartmentofEnvimnmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, No t fC� lin 7p�g�g�]�`' @ �, p Q 5y y
.mom D� �./� 919.707.9000 ii'd tle: �d ION Btlifi9�i�
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 5 of 10
When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving watershall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
8. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project. R, V C ,— FV E D
Noah Carolina Deparac ent of Environmental Quality I Division of Water Resources J U L 2 6 2022
®� ��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
'ATM 919.707.9000
FIAP 3ECT10141 DOHD
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 6 of 10
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, • and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, • for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
10. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20%of the
g� y c^� Iv �., diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
C�E�'p s Qb of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
JUL 2 6 ?pgyired.
�?
Q North Carolina Department of Environmental Quality I Division of Water Resources
C; y eRrrIQEM 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
�n.ry�mumo�vw0muq919.707.9000
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 7 of 10
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
11. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering streams or wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures
are installed properly will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200,• 15A NCAC 028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause wJ-,Ir e lut o{ PhF
3.,
precludes any best use on a short-term or long-term basis. As cited in Stream andardsif-12)J
North Carolina DeparM1nent of Environmental Quality I Division of Water Resources IIIIL 'L 1 6 2022
®E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-IM Y
�='0�"dal FnruooN[nW OWllry
. MP SECTION MHD
LOST COLONY RETREAT
D W R# 2022-0367
Individual Certification #WQC004937
Page 8 of 10
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause.adverse
impacts on existing wetland uses.
13. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC_ 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
14. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
15. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c)
J U L 2 6 2022
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, No��IITMTCMON
t nn�maumw� /`� 919.707.9000
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 9 of 10
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
16. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCA C 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(I) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
18. in accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.0 G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the �,
nature, location, and time of the discharge and of the measures which are being e qr`i r i l E D
proposed to be taken to contain and remove the discharge. This action is required in order to
North Carolina Department of Environmental Quality I Division of Water Resources J U L 2 6 2022
®� � monm
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
e^'ATMOr - 919.707.9000
w�.m u.uo.m.mmo.nn
;P SECTION M9 nD
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 10 of 10
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife, • secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
19. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for instate rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
20. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the CAMA Permit. The conditions in effect on the date
of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 26TR day of July 2022
IZAA T". A4X
PREGEMED
Robert Tankard, Assistant Supervisor
Water Quality Regional Operation Section
JUL 2 6 2022 Division of Water Resources, NCDEQ
Washington Regional Office
VIP SEGTMN'RAHD
North CarolinaDepartment of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
rvO1MOP"O°"^ 919.707.9000
ocwmmomnum�m.�eiowoy� /'�
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
DWR Project No:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
401 Water Quality Certification Issued Date:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR
Central Office — Wetlands and Buffer Permitting Unit, NC DWR, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from ail of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date: RECENlD
J U L 2 6 2022
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ROY COOPER
Governor
ELIZABETH S. BISER
secretary
RICHARD E. ROGERS, JR.
Director
Lower Skyco, LLC
Attn: John Robbins
PO Box 3435
Greenville, North Carolina 27836
NORTH CAROLINA
Environmental Quality
June 14, 2022
Subject: Approval of Individual 401 Water Quality Certification
Lost Colony Retreat
USACE Action ID. No. SAW-2020-01453
Dear Mr. Robbins:
D W R tf 2022-0367 v1
Dare County
c
RE-CEI ED
JUN 2 2]22
V'P SECTION I'AIe7
Attached hereto is a copy of Certification No. WQCOD4937 issued to Lower Skyco, LLC, dated June 13, 2022. This
approval is for the purpose and design described in your application. The plans and specifications for this project are
incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the
Division and you may be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions.
I15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited
to, Sediment and Erosion Control, Non -Discharge, CAMA, Water Supply Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or
waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to
Interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to
water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive
or other right of priority with respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section
404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this
Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality
Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the
Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee becomes aware of the circumstances.
D A North Carolina Department of Environmental Quality I Division of Water Resonces
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
mwm.,iaC.6ro„m.,,on 919.707.9000
LOST COLONY RETREAT
D W R# 2022-0367
Individual Certification #WQC004937
Page 2 of 10
The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards 115A NCAC 02B .0200] including but not limited to sediment impacts to streams or
wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)
from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.51. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations
(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water quality. Pursuant to G.S.143-215.6A, these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)
within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina
General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding
requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification
in accordance with N.C.G.5 1506-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500.
Please contact Robert Tankard at 252-948-3921 or robert.tankard(ancdenr.gov if you have any questions or
concerns.
Sincerely,
Row Ta+."
Robert Tankard, Assistant Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: John Robbins, johnmanteo@gmail.com
Doug g , aec g gmai �GregBBodnar, DCM,gre bodnar@ncdenr.gov eE I
Josh Pelletier, Washington USCOE; josh.r.pelletier@usace.army.mil
Laserfiche
JUN 2 0 2022
D ,EQNorth Carolina Department of Environmental Quality I Division of Water Resources
612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, NorrS�h`7arTlina 27699-1617
919.707.9000 a 4 a 6� E C 1 10 N P ffl, i D
m�armwmnNmAwm.imavry
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 3 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQ004937 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and
15A NCAC 02B .0200, to Lower Skyco, LLC., who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on March 8,
2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
W1— Wetland Fill
0.17 (acres)
0 (acres)
W2-Shading
0.49 (acres)
0 (acres)
Open Waters
OW 1- Dredging
0.24 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02b .0220 Tidal Salt Water Quality for Class SA Waters;
(19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level
due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC
02b .0221]
2. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e., sea turtle nesting, fish spawning, or
bird nesting), then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC),
US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries
Service (NMFS) to less impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or
other aquatic species of concern shall be implemented. Exceptions to this condition require written
approval by the resource agency responsible for the given moratorium
EQ>
V"�
Z
North Carolina Department ofEnvironmenial Quality JUN 2 0 2022
P Q ty Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 276994617
919.707.9000 & rp a tl
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 4 of 10
3. Dredging shall not cause Shellfish Closures
The effluent water from the dredge spoil should not be released into open shellfish waters.
Shellfish Sanitation and the Division of Water Resources must be notified if this is to occur.
4. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Hidden Lake Wetland Mitigation Bank to
meet this mitigation requirement. Until the Hidden Lake Wetland Mitigation Bank receives and
clears your payment and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the Hidden Lake Wetland Mitigation Bank to
meet the following compensatory mitigation requirement USA NCAC 02H .0506 (b)(6)1:
Compensatory Mitigation
Required
River and Sub -
basin Number
Stream
0 (feet)
Wetlands
0.2 (acres)
Pasqu - 03020105
Waters
0 (acres)
Buffers
0 (square feet)
5. The permittee shall report to the DWR Washington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 01 H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506,• 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis. � FIV D
"C a [ti f
North Carolina Departmentof Environmental Quality I DMsionof Water ResourcesJUN 2 0 2022
®E ��512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617
ivonmui"n 919.707.9000 NIP
� aw.mmemmr�.wrnemnaumN\ / �UIP V�.l"��AT�j`42.6"N
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 5 of 10
When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200,-15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protectsuch uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
8. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, orstreambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are , p(ptairted.up�op
completion of the project.�ia�9
E North Carolina Department 1 1617iMail Seri Quality I Division , omen Resonates
J U N 2 0 2022
512 North Salisbury Street 11617 Mail Service Center I Raleigh, Noah Carolina 27699-1617
919.707.9000 {m to
uuP s ..... �uiaw� /`� i" t P
�./ e A �i d a n,.✓
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 6 of 10
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200;15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protectsuch uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU, • if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands; and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
10. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the stLe,rr bedli'S }tom, {�Lj Ef
required. l� �'
er"D � o% North Carolina Department of Environmental Quality I Division of Water Resources J U N 2 0 2022
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
ran,x rwo�wn 919.707.9000
o.wm.mmnia�wwm MC-yg/'� p yTMy
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 7 of 10
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
11. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering streams or wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures
are installed properly will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,• 15A NCA C 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water poll ntlta � � i
precludes any best use on a short-term or long-term basis. As cited in Stream Stfv idarTV,[12) V L D
® North Carolina Department of Environmental Quality I Division of Water Resources I O ^�^^
LL
r`® 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699.161h C
^"'n"''PPO1NA 919.707,9000
bynmOM N Fn W OrvMoldl UUNIIy
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 8of10
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
13. If concrete is used during construction, then all necessary measures shall betaken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028.0200; I5A NCAC 028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term. basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
14. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each,
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
15. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) E V L
JUN 2 0 2022
®En W%13
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury street 1 1617 Mail service Center I Raleigh, North Carolina 27699-1617
919,707.9000 3,.n
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 9 of 10
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
Of standards, or would result in secondary or cumulative impacts.
16. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts'on existing wetland uses, and (3)
Materials producing color or odorshall not be present in amounts that may cause adverse
impacts on existing wetland uses.
17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland,- and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
18. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N. C. G.S 143-215.85(b)
Justification: Person(s) owning or having control overoil or othersubstances upon notice of
discharge must immediately notify the Department; or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being takenvor are.—
r r �:ri
proposed to betaken to contain and remove the discharge. This action is required lrieorrler to,�
®rl North Carolina Depawnent ofEnvironmeutal Quality I Division of Water Resources
512 North SalisburyStreet 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 J U N 2 0 2022
"kr mmneieva� /� 919.707.9000
Mh �'=CTION hTNED
LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 10 of 10
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity, wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
19. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H..0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
20. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the CAMA Permit. The conditions in effect on the date
of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 14TH day of June 2022
RE8. EDV `W` Robert Tankard, Assistant Supervisor
Water Quality Regional Operation Section
JUN 2 0 2022 Division of Water Resources, NCDEQ
Washington Regional Office
padp SECTION M11D
D E 0 North Carolina Department of Environmental Quality I Division of Water Resources
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From: Howell, Jonathan
Sent: Wednesday, August 31, 2022 3:04 PM
To: Bodnar, Gregg
Subject: FW: [External] Action Ids
Jonathan Howell
Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252-515-5404 - office
Jonathan. Howell(@ncdenr.aov
400 Commerce Avenue
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.army.mil>
Sent: Wednesday, August 31, 2022 1:55 PM
To: Howell, Jonathan <jonathan.howell@ncdenr.gov>
Subject: [External] Action Ids
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Jonathan,
Below are the Action IDs for the projects we spoke about this morning. 1 hope to have my paper work out in the next
few days. Please let me know if you have any questions!
Fresh Catch, Wanchese SAW-2022-01002
Lower Skyco SAW-2020-01453 (this one will include a mitigation requirement on our end)
Josh
Josh Pelletier
Project Manager
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, North Carolina 27889
Phone: (910) 251-4605
Email: josh.r.pelletierPusace.army.mil
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Lower Skyco, LLC; John Robbins
2. LOCATION OF PROJECT SITE: Parcels 025885000, 025885001, 025885002,
016520000, 016622002 off NC 345 in Wanchese, Dare County; adjacent to the
Croatan Sound.
Latitude: 35051'43.74"N Longitude:75"39'12.71"W
3. INVESTIGATION TYPE: CAMA; D&F . ---RECEIVED _
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 05/12121; 10/21/21 PAAk 0 8 ZOZZ
Was Applicant Present — Yes; No
DCM-MHD CITY
5. PROCESSING PROCEDURE: Application Received Complete - 03/04/22
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP - Hwy 345 Business
(B) AEC(s) Involved: Coastal Shoreline (CS), Estuarine Waters (EW), Public Trust
Area (PTA), Coastal Wetlands (CW)
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - On site wastewater disposal
(F) Type of Structures: Existing - None
Planned - Travel trailer park, to include cabins, RV
sites, bathrooms, club house, pavilion, pool, walkways, gazebo, decking, bridge,
culverts, bulkhead, and infrastructure
(G) Estimated Annual Rate of Erosion: NIA
Source — N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
7,242 sf 404 (ditch &
15,911 sf shading of
pond)
404
3,474 sf shading of
CW
(B) CS
230 sf upland
170 sf bulkhead
1,543 sf shading
excavation
10,763 sf impervious
coverage
1,500 sf disturbed
(C) EMPTA
10,465 sf
288 sf shading
D) High ground
791,680 sf
disturbance
Lower Skyco, LLC, Field Investigation Report
Page 2
RECEIVED
(E) Total Area Disturbed: 843,266 sf (19.36 acres) MAR 0 S 2022
(F) Primary Nursery Area: No
(G) Water Classification: SA/HQW Open: Closed to shellfish takinPCM-MHD CITY
8. PROJECT SUMMARY: The applicant proposes to develop a 120-unit campground
with travel trailer sites, cabins, walkways, gazebo, bridge and associated
infrastructure, 404 wetland fill, dredge an existing man-made ditch/canal and basin,
and bulkhead around basin.
Project Setting
Lower Skyco, LLC, plans to develop 5 parcels: #025885000, #025885001, #025885002,
#016620000, #016522602, that are located off NC 345 in Wanchese, Dare County. These
parcels are adjacent to the Croatan Sound, as well as man-made ponds, ditches and a
canal on the southern -most parcel that connects to the Baum Creek Area. The northern-
most parcel, #016522002, is the location of two canals, one of which extends to a basin in
the high ground area. The majority of the elevation of these undeveloped tracts (totaling
340 acres) is between 1-2' above Normal Water Level (NWL); however, there are sections
of high ground that range from 3-4' above NWL. Dare County zoning for these tracts are
Hwy 345 Business. Coastal wetlands were identified on May 12, 2021 by Division of
Coastal Management (DCM) staff Ron Renaldi, District Manager, and Sarah Loeffler, Field
Representative. The Coastal wetland vegetation identified consisted of Smooth cordgrass
(Spartina alterniBora), Saw grass (Cladium jamaicense), Black needlerush (Juncus
roernedanus), Cattail (Typha spp.), Bulrush (Scirpus spp.), and Salt Meadow grass
(Spartina patens). On-1 0/21/21, DCM Field Representative Yvonne Cancer met onsite with
Doug Dorman, of Atlantic Environmental Consultants, to verify depth measurements of the
manmade ditch/canal and basin that is located between Parcels 016522002 and
016520000. Vegetation in that vicinity included Black needlerush, Bulrush, Smooth
cordgrass, Big cordgrass (Spartina cynosuroides), Bulrush, and non -coastal consisting of
Pine trees, Atlantic cedar, Bay leaf, Groundsel bush (Bacchads halimifolia), and
phragmites. Total shoreline length is estimated to be 17,425 feet, and no shoreline erosion
was observed.
The riparian properties to the north and south of the project sites are undeveloped
residential parcels with marsh acreage.
There is no DCM permit history on file for the properties of the project area(s).
A Scoping meeting was held on 11/30/21, with representatives from the Division of Marine
Fisheries, Division of Water Resources-401, Division of Energy, Minerals & Land
Resources, NC Department of Transportation, NC Wildlife Resources, US Fish & Wildlife,
and DCM present. Ramona Bartos of the NC Department of Natural & Cultural Resources,
State Historic Preservation Office, confirmed on 12/02/21 that their agency had conducted
review of the project, and were aware of no historic resources that would be affected by the
project.
The water classifications for Croatan Sound and the connecting tributaries are SA and
HQW. The adjacent waterbodies are designated as Coastal Waters and are in the
Pasquotank River Basin. The tributaries on and south of Parcel 025885000 and the Baum
Creek Area are closed to shellfish taking.
Lower Skyco, LLC, Field Investigation Report
Page 3
The water depths at the entrance of the canal leading to the basin for proposed dredging
range from -5' to -2' NWL, and the water depths of the center of the canal as you navigate
east range from -4' to -3.5' to -3.0 to -2' to -1.6' NWL. The water depths of the basin range
from -1.2' to -2'.
Development Proposal
The applicant proposes the following development on the above -mentioned parcels for a
commercial campground:
Coastal Shoreline AEC:
• 4 cabins, elevated a minimum of 6' above grade. Approximately 1,003 sf of the
cabins are sited within the 75' AEC.
• 24'x12' (288 so concrete bridge over ditch with a 3' navigation clearance underneath.
• Bridge road approaches, golf cart paths, and parking (9,720 sf impervious coverage).
• 1,768 sf (approximately 22'x80.36') of fill in man-made pond that is 404 wetland area
(not connected to jurisdictional waters) for construction of portion of road to bridge
and parking).
• Mechanical maintenance dredging proposed:
0 4,215 sf of the entrance of the canal, connecting to the Croatan Sound, to a
depth of -4.0' NWL, removing 216 ±cubic yards (cy).
0 6,250 sf of northeast section of ditch/canal/basin, to a connecting depth of -
3.5' NWL, removing 367±cy.
o Proposed 100'x80' (8,000 so spoil disposal area is proposed to south of the
basin, with approximately 1,500 sf of the area within the 75' AEC, and the
remainder on high ground.
Construction of 170 linear feet (Ift) of bulkheading around the area of the basin.
o Will include 230± sf of upland excavation. All work at or above NWL.
• Observation platform adjacent the Sound, on an estuarine sandy beach within the
75' AEC (landward of the 30' buffer), with an 18'x18' (324 so gazebo and a 540 sf
open deck (24'x18' + 18'x6').
Coastal Wetlands AEC:
• A 55'x6' (330 so walkway elevated over coastal wetlands. RECENED
• A 460'x6' (2,760) walkway elevated over coastal wetlands
o Two, 32'x6' (384 so turnouts associated with walkway. MAR 0 g Zf122
DCM-MHD CITY
Lower Skyco, LLC, Field Investigation Report
Page 4
Upland and additional 404:
Development on high ground (outside of the 75' AEC) will include 56 cabins, 6' wide
elevated walkways to each cabin, 60 RV/travel trailer sites, bathroom facilities, office,
maintenance building, wastewater areas and repair areas, swimming pool, clubhouse,
pavilion, gazebos, roads, concrete parking; gravel parking, as well as:
• observation platform (30'x15' = 450t so
• 60'x 12' (720 sf) walkway over 404 wetlands
• 40'x6' (240 sf) walkway over 404 wetlands.
• 4,074 sf of 404 wetland fill for 3 culverts/crossing of existing ditch (not connected).
Dimensions of proposed culverts are 4'x46', 4'x50' and 4'x130'.
• 1,400 sf (70'x20') of fill in man-made pond that is 404 wetland area (not connected to
jurisdictional waters) for construction of portion of road to bridge and parking).
o It is also noted that 9 of the cabins will be elevated over an existing pond.
Anticipated Impacts
CS AEC = 14, 206 sf
• The construction of cabins and the open deck of the observation platform will result
in 1,543 sf of shading within the CS AEC.
• The construction of the gazebo, bridge road approaches, golf cart paths, and parking
will result in 10,763 sf of impervious coverage within the CS AEC. The placement of
spoil in the disposal area will result in 1,500 sf of disturbance in the CS AEC.
• The installation of a bulkhead will result in 170 sf of fill in the CS AEC.
• Upland excavation associated with the basin/bulkhead will result in 230 sf of impact
in the CS AEC.
The construction of elevated walkways will result in shading 3,474 sf of Coastal Wetlands AEC.
Maintenance excavation of the man-made ditch/canal will result in 10,465 sf of impact to
shallow bottom habit in the EW/PTA AEC. Construction of the concrete bridge will result in
288 sf of shading in the EW/PTA AEC.
The filling of a man-made ditch and pond, and installation of culverts/crossing, will result in
filling 7,242 sf of 404 wetlands. The construction of cabins and wood walkways will result
in 15,911 sf of shading over 404 wetlands.
Development outside of the AECs will result in disturbance of 791,680 sf of high ground.
Submitted by: Yvonne Carver
Date: 03/04/22
RECEIVED
MAR 0 8 2022
DCM-MHD CITY
PROJECT NARRATIVE
Lost Colony Retreat CAMA Major Permit
Lower Skyco, LLC
Parcels: 025886000, 025885001, 025885002, 016520000, 016522002
March 21, 2022
Proiect Description:
The subject properties are located on NC 345 in Wanchese, Dare County, North
Carolina adjacent to the Croatan Sound.
Lower Skyco, LLC has submitted a site plan and been approved by Dare County
Planning Department for a 120-unit campground. The property is zoned Highway 345
and contains 340 acres. The vast majority of the site is coastal and 404 wetlands (292
acres), freshwater ponds (24.74 acres), and uplands (23.26 acres). The upland areas
will be developed with a mixture of travel trailer sites and small cabins. Infrastructure
improvements include roads, parking areas, restroom facilities, sixty travel trailer site
pads, check in facility, wastewater systems, and waterline improvements.
Additional improvements include the construction of proposed elevated cabins, elevated
walkways with some portions over 404 and coastal wetlands, installation of a precast
concrete bridge over the existing manmade ditch. The existing manmade ditch and
basin will be dredged, and the basin will be bulkheaded. A 6' wide elevated wood
walkway with two 6'x32' bump outs will provide access to the existing beach area, a
gazebo, and elevated deck with 6' x 12' wide stairs to access the adjacent waters of the
Croatan Sound. The beach area will be used by the campground guests for water
related activities such as kite surfing, kayaking, fishing, etc. Golf carts will be using the
walkway to transport people and recreational equipment to the beach area. The
proposed bump outs will serve as a pullover location for other golf carts and pedestrian
traffic along the walkway.
The cabins and walkways will be constructed on pilings and elevated a minimum
of 6' above grade with a portion of some the cabins over 404 wetlands (15,911 so. Land
disturbance in these areas will be limited to piling installation and possible tree removal
at the location of the cabins and walkways.
The existing manmade ditch, basin and open water entrance to the ditch were
evaluated for the presence of Submerged Aquatic Vegetation (SAV) and water depths.
The evaluation was done by Doug Dorman with Atlantic Environmental Consultants, LLC
and Yvonne Carver NC Division of Coastal Management field representative on October
21, 2021. There was no presence of SAV in the ditch, basin or the entrance to the ditch
at the Croatan Sound.
There are several locations within the proposed project area that will impact 404
wetlands. There are three road crossings (see sheet 7) that will impact 4,074 square
feet of an existing jurisdictional ditch. Three separate 4' dimeter culverts will be installed
under the road crossings to maintain connectivity within the ditch. Additional 404
wetland impacts include the filling of 3,168 square feet of a man-made pond that is
considered jurisdictional waters by the US Army Corp of Engineers (see sheet 3)_fort1h p�
construction of the bridge approach and parking area east of the proposed e. I D
MAR 21 2022
wetlands need to be crossed during construction activities wood malts will be used to
limit wetland disturbance.
Section 404 and Coastal Wetlands:
The Section 404 wetland lines have been delineated and verified by Billy Standridge with
the US Army Corps of Engineers in the spring of 2021. A notice of Jurisdictional
Determination was issued to Lower Skyco, LLC on 06/30/2021. The Coastal Wetland
lines depicted on the site plan have been field verified by the North Carolina Division of
Coastal Managements District Manager Ron Renaldi and Field Representative Sarah
Loeffler on 05/12/2021.
Existing Site Areas:
Total property area........................................................... 14,810,400 sf
75' AEC area..................................................................... 1,279,571 sf
Proposed Impervious Areas in 75' AEC:
Bridge & road approach............................................................ 8,285 sf
Cabins.................................................................................. 1,003 sf
Gazebo................................................................................... 324 sf
= 11,047 sf
Percent Impervious Area in 75' AEC: 11,047/1,279,571 = 0.86%
Proposed Structures Elevated Over Coastal Wetlands
Walkway to sound side(6'x460')............................................... 2,760 sf
Walkway turnouts (2@ 6'x32').................................................... 384 sf
Walkwav(6'x55')... ................. ............................. I................... 330 sf
Total = 3,474 sf
Proposed Structures Elevated Over 404 Wetlands:
Cabins.............................................................................. 14,278 sf
Wood walkways .................................................................... 1.633 sf
Total = 15,911 sf
Proposed 404 Wetland Fill Areas:
Manmade pond...................................................................... 3,168 sf
Road crossings 4 074 sf
Total = 7,242 sf
Proposed Basin Improvements:
Bulkhead.............................................................................. 170 In.ft.
Upland area to be excavated...................................................... 230 sf
G ECEVED
MAR 2 1 2022
FAA SECTION MHD
Bodnar, Gregg
From: John Robbins <johnmanteo@gmail.com>
Sent: Tuesday, August 9, 2022 8:51 AM
To: Bodnar, Gregg
Cc: Renaldi, Ronald; Carver, Yvonne; Doug Dorman
Subject: Re: [External] Update on Campground X Review
CAUTION: External email. Do not click links or open attachments unless you verity. Send all suspicious email as an attachment to
Report Spam.
Gregg:
Thank you for the update and speaking with me yesterday.
As stated yesterday, the reasons for the bumpout are strictly for safety and to minimize environmental impacts. As you
are aware only, one access is proposed to service the campground with 125 units. Sharing this access will be
pedestrians, bikes, golf carts, and others. Due to the length and the allowable width, bumpouts are needed to allow for
traffic especially golf carts to navigate safely going and coming. The alternative would be two piers, each dedicated for
traffic traveling in opposing direction. The environmental impacts of two piers would be much greater than the
bumpout proposed. If the bumpout is denied, I will then have to consider a modification for an additional pier which
seems counter to CAMA's goal to mitigate environmental impacts which is the shared goal of myself and the other
agencies.
Thank you for your consideration of the above in the review of my application.
John M. Robbins III
252.423.0516
On Mon, Aug 8, 2022 at 2:43 PM Bodnar, Gregg <areee.bodnar ncdenr.cov> wrote:
Afternoon Mr. Robbins,
I placed the project on hold as of 7/8/22 due to DWR and USACE needing additional information on the mitigation
requirements that resulted from the increased 404 fill from the road widenings and comments concerning avoidance
and minimization. Recently DWR has re -certified and USACE has indicated the project is moving forward and requested
verification of the habitat impacts and workplans before finalization can occur. On 8/2/22 1 asked Doug to verify the
most updated workplans and habitat impacts (see above) so USACE can complete their review. To my knowledge Doug
is still fulfilling that request. Once that is complete the project would come off hold and I believe USACE will finalize
their review, which will allow me to finish up as well.
Doug, if you can get me that verification ASAP so I can send it to USACE, I think we should be able to complete things
quickly once USACE is complete.
Finally, I know Yvonne has brought this up in the past, but with all that has gone on I do want to bring to your attention
again there is an inconsistency with CRC rule concerning the turnouts over Coastal Wetlands. If a permit is issued, that
typically would be conditioned out.
Hope this helps,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
G regg.Bodna r@ ncdenr.gov
Find a Field Rep (arcAis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: John Robbins <johnmanteo@gmail.com>
Sent: Monday, August 8, 2022 2:05 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Carver, Yvonne
<yvonne.carver@ncdenr.gov>; Doug Dorman <dougdaec@gmail.com>
Subject: [External] Update on Campground X Review
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report -Spam.
2
CAMA Crew:
Hope you are all well.
On May 18, 2022, 1 received notification that 'an additional 75 days is provided by G.S. 113A-122(c) which would make
August 1, 2022 the new deadline for reaching a decision on your request'. Please let me know what deadline is being
observed at this time, and how that deadline was determined.
Thank you. Do not hesitate to contact me if you have any questions.
John M. Robbins III
iohnmanteo@gmail.com
252.423.0516
John M. Robbins III
iohnmanteo@gmail.com
252.423.0516
DAVID C. GADD
dgadd@satiskysilverstein.com
SATISKY & SILVERSTEIN, LLP
ATTORNEYS AT LAW
SUITE 201
415 HILLSBOROUGH STREET
RALEIGH, NORTH CAROLINA 27603
August 1, 2022
Doug Dorman
Atlantic Environmental Consultants, LLC
P.O. Box 3266
Kitty Hawk, NC 27949
TEL: 984.269.4879
FAX: 919.790.1560
Re: Offer of 0.38 mitigation credits from the Hidden Lake Wetland Mitigation Bank;
0 NC 345, Wanchese, NC 27891; property owned by Lower Skyco, LLC
Dear Mr. Dorman:
I am the attorney for Hidden Lake, LLC. Hidden Lake LLC manages the Hidden Lake
Wetland Mitigation Bank in Tyrrell County, North Carolina (the "Bank"), which is designed and
constructed to mitigate for non -riparian wetland impacts occurring in the Hydraulic Unit Code
03010205 Service Area in northeastern North Carolina. The US Army Corps of Engineers has
issued approval for release of non -riparian wetland credits from the Bank which can be used to
satisfy permit requirements of mitigation in the Hydraulic Unit Code 03010205 Service Area.
Hidden Lake LLC hereby offers to sell mitigation credits from the Bank for a fixed price
of thirty-six thousand five hundred and 00/100 Dollars ($36,500.00) per credit. Upon
acceptance of this offer, I will coordinate with the US Army Corps of Engineers to present a
Compensatory Mitigation Responsibility Transfer Form, which provides further instruction on
the transfer of credits pursuant to the permit.
This offer is valid and binding for sixty days from the date stated above. Please let me
know if you have any questions. I can be reached at 984-269-4879 or at the address on the letter
head above.
Yours truly,
RECEIVED
David C. Gadd AUG 2 2022
IVIP SECTION IV HD
From: Douo Doran
To: Pelletier. ]osh R Cry USARMY CESAW (USAI
Cc: Bodnar. Gregg; Standridae. Billy W CIV USARMY CESAW (USA) : John Robbins
Subject: Re: [Non-DoD Source] Fwd: [EXTERNAL] Campground X Site Visit
Date: Monday, August 1, 2022 3:02:48 PM
Attachments: Lower Skvco Mibpation Acceptance Letter.odf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam,
Josh,
Here is the new mitigation acceptance letter from Hidden Lakes Mitigation Bank for credits at
a 2:1 ratio. If you need additional information please let me know.
Thank you,
Doug
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell
On Mon, 1 Aug 2022 at 09:53, Pelletier, Josh R CIV USARMY CESAW (USA)
<Josh.R.PelletierZagace.arm_y mil> wrote:
Doug,
I appreciate the clarification on the impacts. In order to be consistent with our program, a
minimum ratio of 2:1 will be required for payment into a mitigation bank. Let me know if
you have any further questions!
Josh
From: Doug Dorman <dougdaeckgtr iLcom>
Sent: Thursday, July 14, 2022 11:27 AM
To: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.PelletierAusace.army mil>
Cc: Bodnar, Gregg <gregg.bodn r n d nr,gov>; Standridge, Billy W CIV USARMY
CESAW (USA) <Billy.W S AndridgeeQusace_army mil>; John Robbins
<johnmanteongmail.com>
Subject: Re: [Non-DoD Source] Fwd: [EXTERNAL] Campground X Site Visit
DAVID C. GADD
dgadd@satiskysilverstein.com
SATISKY & SILVERSTEIN, LLP
ATTORNEYS AT LAW
SUITE 201
415 HILLSBOROUGH STREET
RALEIGH, NORTH CAROLINA 27603
December 30, 2021
Doug Dorman
Atlantic Environmental Consultants, LLC
P.O. Box 3266
Kitty Hawk, NC 27949
FED I 1 2022
TEL: 984.269.4879
FAX: 919.790.1560
Re: Offer of 0.2 mitigation credits from the Hidden Lake Wetland Mitigation Bank;
0 NC 345, Wanchese, NC 27891; property owned by Lower Skyco, LLC
Dear Mr. Dorman:
I am the attorney for Hidden Lake, LLC. Hidden Lake LLC manages the Hidden Lake
Wetland Mitigation Bank in Tyrrell County, North Carolina (the "Bank"), which is designed and
constructed to mitigate for non -riparian wetland impacts occurring in the Hydraulic Unit Code
03010205 Service Area in northeastern North Carolina. The US Army Corps of Engineers has
issued approval for release of non -riparian wetland credits from the Bank which can be used to
satisfy permit requirements of mitigation in the Hydraulic Unit Code 03010205 Service Area.
Hidden Lake LLC hereby offers to sell mitigation credits from the Bank for a fixed price
of thirty-four thousand five hundred and 00/100 Dollars ($34,500.00) per credit. Upon
acceptance of this offer, I will coordinate with the US Army Corps of Engineers to present a
Compensatory Mitigation Responsibility Transfer Form, which provides further instruction on
the transfer of credits pursuant to the permit.
This offer is valid and binding for sixty days from the date stated above. Please let me
know if you have any questions. I can be reached at 984-269-4879 or at the address on the letter
head above.
Yours truly,
David C. Gadd
i .,.1j
VtECENED
MAR 0 S 2022
DCM_MVAp CITY
SAW-2020-01453
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01453 County: Dare
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Lower Skvco, LLC
John Robbins
Address: P.O. Box 3435
Greenville, North Carolina 27836 jAid I C 2
Telephone Number: (252) 423-0516
E-mail: iohnmanteoCa anrall.com
Size (acres) 342 Nearest Town Wanchese [a ` •-- -�
Nearest Waterway Croatan Sound River Basin Albemarle-Chowan
USGS HUC 03010205 Coordinates Latitude: 35.86169
Longitude: 45.65237
Location description: The review area for this Jurisdictional Determination is located on the west side of NC 345 in Wanchese
Dare County, North Carolina. The review area totals approximately 342 acres and consists of parcel #Is 016520000,
016522002, 025895000, 025895001, & 025885002. The review area contains npproximately 292 acres of wetlands and 24.3 acres
of ponds.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appearto be waters, including wetlands on the above described project arealproperty, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 4/13/2021. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project arealproperty subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conductWMEfiL}i ED
can be verified by the Corps.
MAR 0 8 2022
®CM-MH® CITY
SAW-2020-01453
❑The waters, including wetlands on your project area/property have been delineateo.!Rl ditite dbUneation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated . We strongly suggest
you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified,
this survey will provide an accurate depiction of all areas subject to CWA jurisdictiomon your property which, provided there is
no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on. Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in in Elizabeth City, NC, at (252) 264-3901 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Billy W. Standridee at (252) 251-4595 or
Billv.w.standrideena usucc.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary itrrisdictional determination form
dated 06/30/2021.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wellnnd determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA fonts to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303.8803
AND
PHILIP.A. SHANNIN(a.USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not annlicable.
**It is not necessary to submit an RFA form to the
Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:A�,/[/J RECEIVED
Date of JD: 06/3012021 Expiration Date of JD: Not applicable
MAR 0 8 2022
D(;M-MHD CITY
SAW-2020-01453
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatorv.ops.usace.army. mil/customer-seryice-survey/.
Agent:
Atlantic Environmental Consultants, LLC
Doug Dorman
Address:
P.O. Box 3266
Kitty Hawk, North Carolina 27949
Telephone Namber:
(252) 599-2603
E-mail:
douMseeftmail.com
RECENED
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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ran nin Xt. Banns, . dnutuwmw
(i, .crnrc It.n f.,rip.r
A<rclan U. IhiJ aSLvun
December 2, 2021
MEMORANDUM
(1((m ul.lrchi(c and I lislnn
Ikpug 9.cn:cw. [I'm IWamm, 1,m). _
TO: Lyn Hardison lyn.hardison a ncdenr.gpv
NC Department of Environmental Quality
Division of Environmental Assistance & Customer Services (DEALS)
FROM: Ramona Bartos I r. It"•U*A. 1Atoki
ll)
SUBJECT: Construct Campground X, NC Highway 345, Wanchese, Dare County, ER 21-2759
Thank you for your email of November 9, 2021, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental. rev iewQ),ncdcr.eov. In all future communication concerning this project, please cite the
above referenced tracking number.
!,"
R�G�\J ��otiti
e.. dic,
4rc�Up 11 r)I'.aa J�wu'.A¢a�. 0..h�, \C 2Tuq bf.fixAdd...41,17 1'..nmr. a:doph KC37R11.1l.17 Ta1cpW./F.:0M),
Carver, Yvonne
From: Loeffler, Sarah W
Sent: Monday, December 13, 2021 8:55 AM
To: Carver, Yvonne
Subject: FW: Scoping Meeting - Campground X Roanoke Island
Attachments: ER-21-2759.pdf
Importance: High
Good morning Yvonne,
I.was cleaning out emalls and realized that you were not listed on this one for the Lower Skyco Campground. So I am
forwarding it to you, just in case you haven't seen it. Thanksl
Sincerely,
Sarah Loeffler
Sarah W. Loeffler
Field Representative
Division of Coastal Management
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
(252) 264-3901 ext 232
sa ra h.I oe ff ler@ ncde n r. gov
"in all things of nature there is something of the Marvelous." — Aristotle
Email correspondence to and from this address is subject to the North Coro lina Public Records Low and may be disclosed
to third parties.
From: Hardison, Lyn
Sent: Thursday, December 2, 20211:07 PM
To: Raleigh W SAW Bland (raleigh.w.bland@usace.army.mil)<raleigh.w.bland@usace.army.mil>; Pullinger, Robert C
<chris.pu Ili nge r@ ncdenr.gov>; Martin, Tina R <Tina.Martin@ncdenr.gov>; Renaldi, Ronald
<ronald.renaldi@ncdenr.gov>; Dunn, Carl <Carl.Dunn@ncdenr.gov>; Jones, Jerry R <Randall.Jones@ncdenr.gov>;
Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Scarbraugh, Anthony D CIV
USARMY CESAW (US) <anthony.d.scarbraugh@usace.army.mil>; Ellis, John <john_ellis@fws.gov>; Harrison, James A
<James.Harrison@ncdenr.gov>; Loeffler, Sarah W <Sarah.Loeffler@ncdenr.gov>; Jason Mizelle
<Jason.Mizelle@timmons.com>; obxwood@yahoo.com; Deaton, Anne <anne.deaton@ncdenr.gov>
Subject: FW:Scoping Meeting- Campground X Roanoke Island
Importance: High
Attached are comments from DCR for your files.
Thank you,
Lyn
RECE1VEp
MAR 0 8 2022
pp�_MHp CITY
From: Gledhill-earley, Renee <renee.gledhill-earlev@ncdcr.gov>
Sent: Tuesday, November 9, 20211:16 PM
To: DCR - Environmental —Review <Environmental.Review@ncdcr.gov>; Henry, Nathan <nathan.henry@ncdcr.gov>;
Southerly, Chris <chrds.southerly@ncdcr.gov>
Subject: FW:Scoping Meeting- Campground X Roanoke Island
Hey, Guys.
See you gotyourown copy.
Wetlands, wetlands everywhere.
Renee Gledhill -Earley
Environmental Review Coordinator
State Historic Preservation Office
101, E kgwS Si?ISL 46! i RAemh. U. 7(,119
9178LI IiS?9 oii/ire -
#StayStrongNC
Learn more @ nc.gov/covidl9
And don't forget your Ws! Wear. Wait. Wash.
WEAR a face covering.
WAIT 6 feet apart from other people.
WASH your hands often.
**COVID-19 has changed the way we accept non -electronic mail. See below.**�ECVA)
n®awNC DEPARTMENT OF:
so';No NATURAL AND CULTURAL RESOURCES
a 0,4■ /�++
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
Please Note:
Requests for project review or responses to our review comments should be sent to our Environmental Review emallbox at
environmental.review ncdcrgov Otherwise, I will have to return your request and ask that you send it to the proper mailbox.
This will cause delays in your project. Information on email project submittal is at: http5://www.ncdcr..aoy/state-
historic-preservation-office/environmental-review/proiect-review-checklist
couricred iteins IPom l!51'S. Psdl:t,. IdPS AND hand dalk el M itenti will inll% be nco,:pwd at the lo.:<Itnw, bar door located on
Wiirninkhon SL bet\keen 0tc homN of YA%M \non %I-1'.Al)plierttis >hnuld knock iin. the dour b ll at the loading bav_ crdrtnce door. No
packagee sho ld Le jell outside the seated hour;. %V%a C:WNC) F be responsible inr tdnn:.
From: Hardison, Lyn <Ivn.hardison@ncdenr.eov>
Sent: Tuesday, November 9, 2021 12:43 PM
To: Pelletier, Josh R SAW <Josh.R.Pelletier@usace.armv.mil>; Pullinger, Robert C <chris.PuIlinger@ncdenr.gov>; Trone,
Rick V <rick.trone@ncdenr.gov>; Martin, Tina R <Tina.Martin @ncdenr.gov>; Stewart, Glenn A
<Glenn.Stewart@ncdenr.gov>; kathrvn matthews@fws.gov; Dunn, Maria T. <marda.dunn@ncwildl!fe.org>; Renaldi,
Ronald <ronald.renald10@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Carver, Yvonne
<yvonne.carver@ncdenr.gov>; Dunn, Carl <Carl.Dunn@ncdenr.eov>; Harrison, JamesA <James.Harrison@ncdenr.gov>;
Jones, lerryR <Randall.Jones@ncdenr.gov>; Lekson, David M CIV USARMY CESAW (US)
<David.M.Lekson@usace.armv.mil>; raleigh.w.bland@usace.army.mil; Henry, Nathan <nathan.henrv@ncdcr.gov>:
Southerly,Chris<chris.southerlv@ncdcr.gov>; Gledhill-earley, Renee <renee.gledhill-earlev@ncdcr.gov>; Hernandez,
Pablo A <phernandez@ncdot.gov>; Venckauskas, Adam M <amvenckauskas@ncdot.gov>; Cook, John
N° 00524
®y N.C. DIVISION OF COASTAL MANAGEMENT ]Ali 19 2E22
NOTIFICATION OF COASTAL WETLAND DETERMINATION
Pursuant to NCGS 113-229(n)(3), and 15A NCAC 07H.0205(a) ' ' ``� B C D
Address:Site a i
r .o
w
Project Location: County I*_1)aWP. US/NC/SR # NC
River Basin paw nl r Adj. Water Body Cy[)a.}� 5au,n
Indicate Which of the Following Apply:
Coastal Wetlands have been Identified on the above described property. The project (as currently
proposed) may impact these wetlands but no official delineation was performed. The Division of Coastal
Management suggests that you request a formal delineation by this Division to evaluate potential impacts to
Coastal Wetlands and project design alternatives.
Coastal Wetlands have been identified on the above described property. At your request, an official
Coastal Wetland delineation was performed by the Division of Coastal Management. The Division of Coastal
Management suggests that you have the delineation surveyed. The Division will verify the surveyed line, which
will then remain valid for a period not to exceed 12 months from the delineation.
Coastal Wetlands species Identified on -site:
--It/Spartina alterniflora Juncus roemerianus _Salicornia spp.
_Distichlis spp. _Limonium spp. --v/ Scirpus spp,
,VCladium jamaicense _Typha spp. —ZSpartina patens
_Spartina cynosuroides
Check any field indicators that apply to establish regular or occasional flooding:
_tidal water observed on -site (do not check if during or following Tropical Storm/Hurricane)
—crabs/holes
_periwinkle
_wrack lines _staining tidal water connection
elevation changes _other (please describe)
DCM Official 5CU/a /l, jeF�(,2.,/ Title Fj Q 1l� Rt dYC�PrIkA�i i y�
Date 6I 1l lc) 2-1
1 %�sAGa2t.� l{/ii7/
In the event you I this jurisdictional call, you may request a second opinion by contacting
supervisor, 2oN (LPvi� l dt (DCM District Manager)at 262-2G'I — 3901 2X�
Visit our website at www.nccoastalmanagement.com
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depths for campground, 0 NC depths for campground, 0 NC
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so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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❑ Adult Signature Restricted Delivery
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❑ Certiled Mail ResMcted Delivery
❑ Sign alure Con9nnatlon'0
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❑ Signature Confirmation
❑ Coll t Detive Restricted Delivery
Restricted Delivery
2. Adlcle Number (transfer from service label) ec ry
1Q Insured Mail
7020 3160 0001 2523 5122 %verr$s00�1ReawotedDelivery
PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic; Return Recelpt
■ 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 if space permits.
1. ArOcleAddressedto: �._
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B. Received by (Panted Name C. Qate of live
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D. Is delivery address different from item 11? ❑Yes
If YES, enter d6iivertr tang below: Rp N vED
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ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
January 14, 2022
Terry & Greta Leggett
4403 Long Ridge Road
Pinetown, NC 27865
Dear Mr. & Mrs. Leggett,
This notification letter is in reference to Lower Skyco, LLC Plans to construct a 120 unit
campground. The project is located on NC 345 Hwy in Wanchese, Dare County, North
Carolina.
JAII 1 9 ZC1.2
V..emu •u.9
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project. The
attached drawings, applications, and project narrative show in detail the proposed improvements.
Please review the attached drawing and should you have any objections or comments concerning
this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City
Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-
3901 within 10 days of your receipt of this notice. Such Comments will be considered by the
Department in reaching a final decision on the application. No comments within 10 days of your
receipt of this notice will be considered as no objection. If you have any questions on this
project please call me at 252-599-2603, or e-mail me at dougdaecagnnii.com.
Sincerely,
oug Darman
dtlan is Environmental Consultants, LLC
DECEIVED
MAR 0 81W
DCM_MHp CITY
Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
CERTIFIED MAIL
RETURN RECEIPT REQUESTED JAW 1 9 M2
January 14, 2022
Winston & Nancy Silver
PO Box 415
Wanchese, NC 27981
Dear Mr. & Mrs. Silver,
This notification letter is in reference to Lower Skyco, LLC Plans to construct a 120 unit
campground. The project is located on NC 345 Hwy in Wanchese, Dare County, North
Carolina.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project. The
attached drawings, applications, and project narrative show in detail the proposed improvements.
Please review the attached drawing and should you have any objections or comments concerning
this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City
Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-
3901 within 30 days of your receipt of this notice. Such Comments will be considered by the
Department in reaching a final decision on the application. No comments within 30 days of your
receipt of this notice will be considered as no objection. If you have any questions on this
project please call me at 252-599-2603, or e-mail me at dougdaec@Lymail.com.
Sincerely,
i
Dou�ormnan
Atlmlic Enviromnental Consultants, LLC
�ECENED
MAR 0 B 't022
av
Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.cW"*
AU"rHORIZATION TO ACT AS REPRESENTATIVE FORM
Property Legal Description: 1'�.11 1 9 Y 11
DEED BOOK: 2288 PAGE NO: 0895
PIN NO's.: 979800160795,979810256806,97981434029R 979800049380 979814245920
PROPERTY STREET ADRESS: 0 NC 345, Wanchese, NC 27981
Please Print:
Property Owner: John Robbins — Lower Skvco, LLC
Property Owner:
The undersigned property owners of the above noted property, so hereby authorize
Doug Dorman of Atlantic Environmental Consultants, LLC to,
(Contractor/Agent) (Name of consulting firm)
1. Act on my behalf and take all actions necessary for the processing, issuance and
acceptance of permits and/or certifications and any all standard and special
conditions attached.
2. Enter the property to obtain site information including inspections with regulatory
agencies (Dare County, North Carolina Department of Environmental Quality,
U.S. Army Corps of Engineers, etc.) for the purpose ofobtaining permits and/or
certifications.
Property Owners Address (if different than property above):
PO Box 3435, Greenville, NC 27836
Property Owners Telephone Number: 252-423-0516
We he cby certify that the above int'ornrition submittal in this application is true and
Wuth
to the bcs o • r knowled
ed Signature ar Title Authorized Signature and Title
Date:
l
RECEIVED
MAR 0 0 202Z
DCM-MHD CITY
G
0 D',EA!PT
DARE COUIy TAX
CDLLEC R
,. 50S-19 ��--.-
Recorded: 03/12/2019 D4:24:38 PM
BY: CLAUDIA HARRINGTON
Cheryl L. House, Register o1 Deeds
Dare Canty, NO
Feegat 3 0.00 NC Esese Tex 30.00
soox 2288 PAGE 895 (5) .
'°°°aZ`r` Illltlllllllllllllllll� JAN I q ?
L RANSFER NUMBER:
1%LAW TRANSFER FEE: $0.00
EXCISEPARCELS. 016522002, 016520000, 025885000, 025885001 & 025885002
REAL ESTI� TAXES PAID: Paid through 2018
Prepared by and return to:
E. Crouse Gray, Jr., a licensed North Carolina Attorney.
Delinquent taxes, if gy are to be paid by the closing
attorney to the Cotm '�'ax Collector upon disbursement -
ofclosing proceeds. O
GRAY & LLOYD, L.L.tp'.N
3120 North Croatan HwyAq. 101 All or a portion of the property herein conveyed
Kill Devil Hills, NC 27948 does not include the primary residence of the
www.gray andlloyd om (7. Grantors.
My File No. 13765-00 [ Y
NORTH CAROLINA, DARE COUNT Y
THIS DEED made this the 1294y of March, 2019, by and between RUNWAY 22, SKYCO
AIRPORT, LLC, a North Carolina 1t ' ed liability company, of PO Box 388, Manteo, NC 27954,
Grantor, to LOWER SKYCO, LLC, a VP
h Carolina limited liability company, PO Box 3435,
Greenville, NC 27836, Grantee: 0
The designation Grantor and Grant �Ased herein shall include said parties, their heirs, and
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by
context.
WITNES4TI1
O
THAT the Grantor, for a valuable consideration d by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grangain, sell and convey, unto the Grantee
in fee simple, all that certain lot or parcel of land situated onR .okeIsland,NagsHeadTownship,Dare
County, North Carolina, and more particularly described as to vs:
See Exhibit "A" attached here ?
RECEIVED
MAR 0 8 2022
DCM_MHD CITY
tl' e
yt
\A-%� The property hereinabove described was acquired by Grantor by instruments recorded in Book
2270, Page 139 and Book 2273, Page 763, Dare County Public Registry. t--.
Y' TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
�eppurtenances thereto belonging to the Grantee in fee simple.
MilAnd the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
e right to convey the same in fee simple; that title is marketable and free and clear of all
encrances, and that Grantor will warrant and defend the title against the lawful claims of all persons
who ver except for the exceptions hereinaller stated.
i7to the property hereinabove described is subject to the fallowing exceptions:
I. Option is taken to 2019 ad valorem taxes.
2. Exception is taken to any easements and restrictions of record.
IN WnNES&WHEREOF, the Grantors have hereunto set theirhands and seals the day and year
first above written. U-
O
� (v Runway Air ryco LLC
C� , BY: (SEAL)
Y� M. obbins, IN, an er
BY: (SEAL)
,,-) William G. Gamer, Manager
STATE OF 1AQ-
`f
CITY/COU/N�TY OF -. N
1, l-Aii�t1 . �. o1k� , a Public, hereby certify that John M. Robbins, III
personally came before me this day and acknoged the execution of the foregoing instrument, all in
his capacity as a manager in, and in the name and for and on behalfof, Runway 22, Skyco Airport, LLC,
a limited liability company organized under the laws of the State of North Carolina.
', ;4�i�ri, Viand and official seal this the �7 n day of MAkt(h , 2019.
eOTTejt r C1`
e''�'
F� ,.p- Poii.Y Notary Pu i r
My Commis SgpExpires:NO
II-�kaC(
2 00
DECEIVED
MAR 0 B 2�22
®CM_MHp CITY
l/il! 1 9 Z�22
STATE OF
CIPY/COUNTY OF tN
LJ
J. ?hilt+ a Notary Public, hereby certify that WiWam G. Garner
Personally came before me this day and acknowledged the execution of the foregoing instrument, all in
�]tta capacity as a manager in, and in the name and forand on behalfof, Runway 22, Skyco Airport, LLC,
a kited liability company organized under the laws of the State of North Carolina.
my hand and official seal this the Oh day of _Mf' x Ch 2019.
Al PO
NotaryPublic
My Commission Expires:
d
0
RECEIVED
MAR 0 a nzz
DCM-MHD CITY
G
1`10 Exhibit "All
Legal Description
� TRACT I !Lower kvco)• ..,. . , , , , , .,,+
CThat certain trect of land consisting of approximately 92A67 acres denominated as Tract 1 of Tract 2-W, being
D r )County Tax Parcel No. 016522002,
ParQ2:
Comiiss> fapproximately 101,9706 acres as shown on map orplat recorded in Plat Cabinet B, Slide 203, being
DareCoUVaxParcelNo.016520000.
Parcel 3: 1
Consisting of eproximately 120.5942 acres denominated as Tract 3-W as shown on map or plat recorded in Plat
Cabinet B, Slide 102, Dare County Public Registry, being Dare County Tax Parcel No. 025885000.
There is expressly explild""ed from the above -described real properties those tracts previously convoyed by Dare
Development OpportsyRras, LLC as follows:
(a) Deed from
✓Dane evelopmcnt Opportunities, LLC to The Straight Stretch, LLC as recorded in Deed
Book 1344, Page are County Public Registry.
(b) Deed from Dare Development Opportunities, LLC to Gary G. Bryan as recorded in Deed Book 1393,
Page 196, Dare Counl'�Nic Registry.
(c) Deed from Dare Develo eat Oppommities, LLC to Skyco Warehouse, LLC as recorded n Deed
Book 1535, Page 434, DareVounty Public Registry.
16(�
iv
Parcels 1, 2 and 3 above having been con to Runway 22, Skyco Airport, LLC by deed recorded it Deed
Book 2270, Page 139, Dare County Public kttry.
TRACT 11(Pits): 10
Parcel 1:
Lot A, NC 345 Wanchese, NC 27982 tf
Being all that parcel of land located in Dare County, Nor�t�i`�Carolina, more particularly described as:
All ofthat certain lot or parcel of land together with all imprX located as shown on a map made
from survey by McKim &Creed dated September 21, 2000, e t ed "Exempt Subdivision of Property
Located on NC 345 in Wanchese for Straight Stretch, LLC, rec ed in Plat Cabinet E, Slide 336, of
the Dare County Registry, said parcel being designated as Parcel " , containing 9.90 acres more or
d
O
RECEIVED
MAR 0 8 2022
DDM_MHD CITY
G
1:1O\AN less of high ground.
J A N f J 2E;22
Also conveyed is a 45 ft. easement for ingress and e
gregs as shown on the aforementioned Plat Cabihef :
E, Slide 336, of the Dare County Registry.
�Q Dare County Tax Parcel No. 025885002
Y11
Egg—,
O
Lot "�C 345, Wanchese, NC 27982
Being al t parcel of land located in Dare County, North Carolina, more particularly described as:
Al] of that ce�in lot or parcel of land together with all improvements located as shown on a map made
from survey by McKim & Creed dated September 21, 2000, entitled "Exempt Subdivision of Property
Located on NC 345 in Wanchese for Straight Stretch, LLC", recorded in Plat Cabinet E, Slide 336, of
the Dare County R geg try, said parcel being designated as Parcel "B" and containing 14.87 acres more
or less of high grout3d�
O
Also conveyed is a 45 ft09sement for ingress and egress as shown on the aforementioned Plat Cabinet
E, Slide 336, of the Dare> �tpty Registry.
Dare County Tax Parcel No. �5885001
All of Tract R having been coned by deed recorded in Deed Book 2273, Page 763, Dare County
Public Registry,
O
nl
NAWORMCIaUn Vn rSk)c LL013765.001 In ip!Misc. Re WV & R.w.y 22TRED.WAxwpd
O'x
\A�C "
�n•
ROY COOPER
covet„or
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
EMAIL MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Theresa Schneider
The Coastland Times
Manteo, NC 27954
legals(o�thecoastlandtimes.com
FROM: Ella Godfrey
DATE: March 7, 2022
SUBJECT: Public Notice: Lower Sykco, LLC
Please publish the attached Notice in the Sunday, March 13, 2022, issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. The State Office of Budget and Management
requires an original Affidavit of Publication prior to payment for newspaper advertising.
Please send me the affidavit, an original copy of the published notice, and an
original invoice.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office (252) 264-3901.
Attachment
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City
Christy Simmons, PIC, DCM, Morehead City
Ellie Davis, Accounts Payable, DCM, Morehead City
File
RECEIVED
iw 0 S 2022
DCM-MHD CITY
Q® North Carolina Department of Environmental Quality I Division of Coastal Management
®®lJ// Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Ellzabeth City, North Carolina 27909
252,264.3901
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 03/04/22. John Robbins of Lower Skyco, LLC,
proposes to develop a 120-unit campground with travel trailer sites, cabins, walkways,
gazebo, bridge and construct a bulkhead around a basin on property located on parcels
025B85000, 025885001, 025885002, 016520000, 016522002 off NC 345 in Wanchese
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 04/02/22, 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: Sunday, March 13, 2022
RECEIVED
MAR 0 8 2022
)CM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
D_E Q Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Flizabeth City. North Carolina 27909
wiaan 252.264.3901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 8, 2022
Lower Skyco, LLC
c/o John Robbins
P.O. Box 3435
Greenville, NC 27836
Dear Mr. Robbins:
NORTH CAROLINA
Environmental Quality
The NC Division of Coastal Management hereby acknowledges receipt of your application
submitted for State approval to develop a 120-unit campground with travel trailer sites, cabins,
walkways, gazebo, bridge and construct a bulkhead around a basin on property located on parcels
025885000, 025885001, 025885002, 016520000, 016522002 off NC 345 in Wanchese in Dare
County.
It was received complete March 4, 2022 and appears to be adequate for processing at this time.
The projected deadline for making a decision May 18, 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 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.
Ilowever, 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 March 4, 2022, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 1 13A-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
MAR 0 S 2022
D_E Q DCent CITY
North Carolina Department of Environmental Quality Division of Coastal Management
./ Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
^TF�^�^^w^�� / 252.264.3901
Lower Skyco, LLC
John Robbins
March 8, 2022
Page 2 of 2
along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your
properly, or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact Yvonne Carver, Field Representative,
if you have any questions and or if you wish to receive a copy of her field report.
Sincerely
i
?onRe<na di
District Manager, Northeastern District
NC Division of Coastal Management
Enclosure
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC
Yvonne Carver, Field Representative, DCM
Doug Dorman. Atlantic Environmental Consultants, LLC, Agent, Kitty Hawk, NC
RECEIVED
MAR 0 B ZOZZ
DCM-MHD CITY
NOTI(wo'll
LAMA PERMIT
APPLIED FOR
PROJECT: develop a 120-unit campground with
travel trailer sites, cabins, walkways, gazebo, bridge
and construct a bulkhead around a basin
COMMENTS ACCEPTED THROUGH
April 2, 2022
APPLICANT:
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Lower Skyco, LLC
0
Yvonne Carver
c/o John Robbins
n
7D
401 S. Griffin Street, Suite 300
P.O. Box 3435
M
n
Elizabeth City, NC 27909
Greenville, NC 27836
S
<
252-264-3901, ext. 237
252-423-0516
o
m
N
Q
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
March 8, 2022
MEMORANDUM:
NORTH CAROLINA
Envlronmenral 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)
grege.bodnar(re ncde n cegv
SUBJECT: CAMA/Dredge & Fill Review
Applicant: Lower Skyco, LLC
Project Location: Parcels 025886000, 025886001, 025885002, 016520000, 016522002 off INC 346,
Wanchese in Dare County
Proposed Project: Develop a 120-unit campground with travel trailer sites, cabins, walkways,
gazebo, bridge and construct a bulkhead around a basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by March 29, 2022, If you have any questions
regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
ICUCUFr11111:19
DATE
RECEIVED
MAR 0 S 2022
DCM-MHD CITY
D_E Q� North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909
252.264.3901
LICK Coordinator: Greg Bodnar Distributed Yes® No O
Applicant: Lower Skvco, LLC Distribution Date: 3/8/2022
AGENCY
ECRO
Community Development/LPO
Noah Gilliam
DCM Planner
Charlan Owens Eliz City
US COE:
Josh Pelletier
Community Assistance
Lee Padrick (Beaufort; Carteret, Craven, Elk Oty,
Pamlico, Washington)
Cultural Resources
Renee Gledhill -Earley
Div. of Water Infrastructure
(No longer public Water Supply)
Clif Whitfield
Marine Fisheries
lames 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
DWR 401-
Chris Pullinger
WRC
Maria Dunn (WARO)
National Heritage Program
Rodney Butler
RECEIVED
MAR 0 8 ZOZZ
DCM-MHD CITY
Revised : 6/29/2018
'This is a word processing form to be completed In Microsoft Word***
NC Division of Coastal Management
Major Permit Application Computer Shoot
(11/012012)
Applicant: Lower Skyco, LLC; John Robbins
Date 63104122.
Project Site County Dare
Staff., Yvonne Carver
District: ®Elizabeth City ❑Washington
❑Morehead City ❑Wilmington
Project Name: Lost Colony Retreat
Let 35"5143.74"N
Long: 75.39'12.71 "W
Date of initial application submittal (EX., 1/S/2007): 01/1922
Date application "received as complete"in the Field office (EX: 1/8/2007): 03/0422
Permit Authorization:❑LAMA ❑Dredge&Fill ®Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ❑Yes ENO
Photos Taken: Yes E No❑
Setback Required (riparian): El Yes ENo
Critical Habitat: ❑Yes ENo ❑Not Sure
15 foot waiver obtained: ❑Yes ENo
Hazard Notification Returned:
❑Yes ENo
SAV:❑Yes ZNo ❑Not Sure
Shell Bottom: ❑Yes ENO ❑Not Sure
Temporary lmpacts: ®Yes ❑No
Sandbags: []Yes MNo ❑ Not Sure
Did the land use classification come from
countyLUP:®Yes ❑No
Mitigation Required (optional):
❑Yes ENo
Moratorium Conditions. ❑Yes ENo
❑NA
Environmental Assessment Done:
[]Yes ❑No ENA
SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4)
❑.Future Water Supply (FINS)
❑ Nutrient Sensitive Waters (NSW) 777wamp
Waters (SW)
E High Quality Waters (HQW)
I ❑ Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
E (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicomia sp.)
wetlands)
❑ (CJ) Sawgress (Cladium jamalcense)
❑ (SA) Salt marsh cordgress (Spartina
El (SY) Salt reed grass (Spartina
altemi8ora)
cynosuroides)
El IDS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Blackneedlemsh (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
❑ lll(A) Private w/D&F up to i acre; 3490
0 111(D) Priv. public or Comm w/D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ 111(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
Major development extension request -
❑ 11. Public or commercial/no dredge
$100
and/or rill - $400
1. Private no dredge and/orfill- $250
❑ III(C) Priv. public or comm w/D&Fto 1
MAR 0 S 2022
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
U(,M-M
252.808-2808 :: i-888.411COAST :: www.nccoastaimanagemen6net revised: Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 4)
Applicant LowerSkyco, LLC, John Robbins
Date: 03104122
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in yourActivitles code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension t
Dimension 2
Dimension 3
Dimension 4
One
-Work
One
Campground
I
Now 0
Replace
402887
402877
Maint ❑
❑ Y N N
Bridge
1
NewWo*
Replace
24
12
Maint ❑
❑ Y ❑ N
Roads, paths,
1
New wo* ®
Replace
589
16.5
Pkg
Maint ❑
❑ Y ® N
Fill (pond)
I
NewWa*
Replace
22
80.36
Maint ❑
❑ Y ® N
Maintenance
1
New WorkReplace
150
26
1.5
excavation
Maint ®
❑ Y ® N
Maintenance
I
Now work ❑
Replace
,? 75
12
15
excavation
Maint ®
❑ Y ON
Maintenance
I
New work ❑
Replace
50
35
1.8
excavation
Maint E
❑ Y ® N
Bulkhead
I
Tow Wo*®
Replace
170
J
0
(vinyl
Maint ❑
❑ Y ® N
Excavation
1
NowWo*®
Replace
20
(upland)
Maint ❑
❑ Y ® Al
Excavation
I
New Wc*®
fie-place-1-0
70 5
(upland)
Maint ❑
❑ Y ® N
t80
Spoil
J
New Wo*
Replace
100
Maint ❑
❑ Y ® NPlatform
1
NewWo*Replace
18
Maint❑
❑Y'®N
Gazebo
1
New
Replace
Ig
18
Maint ❑
❑ Y ® N
Elevated
I
Raw Wo*®
Replace
SS
6
accessway
Maint ❑
❑ Y ® N
(marsh)
Elevated
I
NewWo* 0
Replace
460
6
accessway
Maint ❑
❑ Y ® N
marsh
Platforms
2
New Wa*®
Replace
32
6
over marsh
Maint ❑
❑ Y ® N
Platform
J
Ne w W,, k-E F
Replace
30
15
Maint ❑
❑ Y ® N
Walkway over
I
No Wo* N
Replace
60
Iz
R
CEIVED
404 wetlands
Maint ❑
❑ Y ® N
Walkway over
I
NewWo*
Replace
40
6
404 wetlands
Maint ❑
❑ Y ® N
AR 0 8 2022
Culvert
J
Newwo*
Replace
46
4
Maint ❑
❑ Y N N
-MHD Mr
11
revised Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, Page s of a)
Culvert
I
New Work M
Replace
50
4
Malnt ❑
❑ Y M N
Culvert
1
New Work 0
Replace
130
4
Maint ❑
❑ Y M N
Fill (pond)
I
New work H
Replace
90
20
Maint ❑
❑ Y ® N
Swimming
I
New Work H
Replace
70
30
pool
Maint ❑
❑ Y M N
Septic system
7
New Work
Replace
60
48
Maint ❑
❑ Y M N
Septic system
2
New Work M
Replace
30
48
Maint ❑
❑ Y M N
Septic system
I
Now work E
Replace
90
48
Maint ❑
❑ Y M N
RECEIVED
MAR 0 0 2022
DCM-MHD CITY
revised Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, Page fat 4)
Applicant: Lower Skyco, LLQ John Robbins
Date: 0310422
Describe below the HABITAT disturbances torthe application. All values should match the name, and units of measurement
found In your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Antcipated final
Habitat Name
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
andror temp
restoration or
temp impact
tam im acts
impact amount
tamp impacts)
amount
IB
Dredge ❑ Fill ❑ Both ❑ Other ®
1543
1543
IB
Dredge ❑ Fill ❑ Both ❑ Other ®
10763
10763
IB
Dredge ❑ Fill ❑ Both ❑ other®
1500
1500
SH
Dredge ❑ Fill ® Both ❑ Other ❑
170
170
BU
Dredge M Fill ❑ Both ❑ Other ❑
230
230
LM
Dredge ❑ Fill ❑ Both ❑ Other ®
3474
3474
SB
Dredge ® Fill ❑ Both ❑ Other ❑
10465
10465
ow
Dredge ❑ - Fill ❑ Both ❑ Other ®
288
288
K1
Dredge ❑ Fill ® Both ❑ Other ❑
7242
7242
WL
Dredge ❑ Fill ❑ Both ❑ Other ®
15911
15911
HG
Dredge ❑ Fill ❑ Both ❑ Other ®
791680
791680
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Olher ❑
RECEIVED
MAR 0 S 2022
DCM-MHD CITY
252.808.2808 :: 1.888.4RCOAST :: www_nccoastalmanagement.net revised: Nov. 2012
MAJOR PERMIT FEE MATRIX
A licant: Lower Sk co LLC• Proiect: Lost Colonv Retreat
Selection
Development Type
Fee
DCM %
DWQ %
(14300 16014351000931625 6253)
(243001602 435100095 2341)
I. Private, non-commercial
El
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or o en water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
❑
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4175 (See
attached can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4175 (See attached)
can be applied:
III(C). If General Water
Ei
Quality Certification No.
$400
60% ($240)
40% ($160)
4175 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
®
Quality Certification No.
$400
60% ($240)
40% ($160)
4175 (see attached) cannot
be applied:
IV. For development that
El
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
CEIVED
o en water areas:
MAR 0 0 2022
DCM-MHD CITY
iiL,uivision or coastal management
Cashier's Official Receipt
16616 n� C n
Received From:
Permit No.: / Yy s
Applicant's Name: L d7L)!_r
Project Address:
j Date: �zs � 207 77
.D % rJ
Check No.: — 7
County;
Please retain receipt for your records as proof of payment for permit Issued.
Signature of Agent or Applicant: <1 Q °Z V
Signature of Field Representative:�—
Date:
Date: s� �i-
RECEIVED
MAR 0 8 ZM
DCM_MHD CITY
I
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TERRY & GRETA LEGGETT
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LOST COLONY RETREAT SITE PLAN
ROBBINS
LOWER SKYCO, LLC
CAMA MAJOR PERMIT APPLICATION
0l/o7/zz
WANCHESE DARE COUNTY NORTHCAROLINA
ATLUMC EN11/RON#R1rRZ COMMURNTS, LLC
PO BOX 3266 KITTY HAWK NORTH CAROLINA
Phone/Fox, (252) 261-7707
E-Mail, aou0acecegnn0.con
EXISTING 404
WETLANDS
NWL
�SANA .Rl37-TAAA.~. r
-I 11=1 11=1 I -,, 1-1 1 1 _1 11=1 1 1-1 1 1_-1 1 1-1 1
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RECEIVED
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=III=III-III-III=III` TAT ~,- T= �n- �r=l I I-III-III=11 =III -III MAR 0 8 2022
BRIDGE CROSS SECTION
N.T.S.
DCM-MHD CITY
SHEET 11 OF 15
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LOST COLONY RETREAT SITE PLAN REVISED AS PER NC DCM COMMENTS
RDBBINs y REVISED AS PER NC DCM COMMENTS grZA11C EN1/RONMENTAL CONSULTANTS, LLC
PAD LOWER SKYCO, LLC PD BO% 3266 KITTY HAVN NORTH CARMINA
07
CAMA MAJOR PERMIT APPLICATION Phone/FOu: 1252) mcdL m
E-Nun: dougtleecegneD.con
BT/m/az WANCHESE DARE COUNTY NORTHCAROUNA
PORTION OF SOME G
OVER 404 WETLAND5
ELEVATED MINIMUM G
FRONT ELEVATION
NOTES
LEFT ELEVATION I. IIITERIORWALL5,CEIUIIG5AND
�1 CABINETS ARE BIRCH PLYWOOD
2. PRONT AND REAR ER PORCH
WAILS ARE 5MART TRIM B$5
G) FLOOR LAYOUT
,REAR ELEVATION
40'
I'
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,.)PILING PLAN
CABIN A: 2 BEDROOM
SQUARE FOOTAGE
FIRST FL HEATED
392 5F
SCREENED PORCH
112 5F
COVERED ENTRY PORCH
5G 5F
TOTAL 5F
5GO 5F
OF 50ME CABINS
14 WETLANDS
) MINIMUM G FT.
ROOF PLAN
0 10'
I inch 10' ft.
GRAPIEC Scam
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FEY 1 i 2G22
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RECEIVED
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FRONT ELEVATION
LEFT ELEVATION
I. INTERIOR WALL5, CEIUNG5 AND
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2. FRONT AND REAR EXT PORCH
ZE SMART TRIM BtB
,,, REAR ELEVATION
FLOOR LAYOUT E)PILING PLAN
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CABIN E3: I BEDROOM
OF 50ME CABINS
4 WETLAN05
) MINIMUM G FT.
ROOf�LAN
SQUARE FOOTAGE
FIR5T FL HEATED
298 5F
5CREENED PORCH
I12 5F
COVERED ENTRY PORCH
5G 5F
TOTAL 5F
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PORTION OF SOME CAE
OVER 404 WETLANDS
ELEVATED MINIMUM G E
FRONT ELEVATION
IS LEFT ELEVATION
NOTES
I. INTERIOR WALL5. CEILING5
AIJD CADINET5 ARE BIRCH
PLYWOOD
C)RIGHT ELEVATION
C)REAR ELEVATION
OF SOME CABINS
W WETLANDS
) MINIMUM G FT.
SQUARE FOOTAGE
ENCLOSED AREA 144 Sr
FEU 1 1 2C22
RECEIVED
i; qR 0 8 2022
DCM-MH� CITY
NOTES
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OVERHANG OR RAKE)
C)FLOOP, LAYOUT PILING PLAN ROOF PLAN
10, 5' 0 10•
CABIN C I BEDROOM ([5A,51C) GRAPHIC SCALE
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PROJECT NARRATIVE
Lost Colony Retreat CAMA Major Permit MAR 0 4 2022
Lower Skyco, LLC
Parcels: 025885000, 025885001, 026885002, 016520000, 016522002 ���
February 9, 2022 PICNII.'LEC
Project Description:
The subject properties are located on NC 345 in Wanchese, Dare County, North ter.
Carolina adjacent to the Croatan Sound.
Lower Skyco, LLC has submitted a site plan and been approved by Dare County
Planning Department for a 120-unit campground. The property is zoned Highway 345
and contains 340 acres. The vast majority of the site is coastal and 404 wetlands (292
acres), freshwater ponds (24.74 acres), and uplands (23.26 acres). The upland areas
will be developed with a mixture of travel trailer sites and small cabins. Infrastructure
improvements include roads, parking areas, restroom facilities, sixty travel trailer site
pads, check in facility, wastewater systems, and waterline improvements.
Additional improvements include the construction of proposed elevated cabins, elevated
walkways with some portions over 404 and coastal wetlands, installation of a precast
concrete bridge over the existing manmade ditch. The existing manmade ditch and
basin will be dredged, and the basin will be bulkheaded. A 6' wide elevated wood
walkway to a gazebo and elevated deck will be constructed adjacent to the Croatan
Sound.
The cabins and walkways will be constructed on pilings and elevated a minimum
of 6' above grade with a portion of some the cabins over 404 wetlands (15,911 so, Land
disturbance in these areas will be limited to piling installation and possible tree removal
at the location of the cabins and walkways.
The existing manmade ditch, basin and open water entrance to the ditch were
evaluated for the presence of Submerged Aquatic Vegetation (SAV) and water depths.
The evaluation was done by Doug Dorman with Atlantic Environmental Consultants, LLC
and Yvonne Carver NC Division of Coastal Management field representative on October
21, 2021. There was no presence of SAV in the ditch, basin or the entrance to the ditch
at the Croatan Sound.
There are several locations within the proposed project area that will impact 404
wetlands. There are three road crossings (see sheet 7) that will impact 4,074 square
feet of an existing jurisdictional ditch. Three separate 4' dimeter culverts will be installed
under the road crossings to maintain connectivity within the ditch. Additional 404
wetland impacts include the filling of 3,168 square feet of a man-made pond that is
considered jurisdictional waters by the US Army Corp of Engineers (see sheet 3) for the
construction of the bridge approach and parking area east of the proposed bridge. If any
wetlands need to be crossed during construction activities wood matts will be used to
limit wetland disturbance.
RECEIVED
MAR 0 S ZOZZ
DCM-MHD CITY
Section 404 and Coastal Wetlands:
The Section 404 wetland lines have been delineated and verified
by Billy Standridge with
the US Army Corps of Engineers in the spring of 2021. A notice of Jurisdictional
Determination was issued to Lower Skyco, LLC on 06/30/2021.
The Coastal Wetland
lines depicted on the site plan have been field verified by the North Carolina Division of
Coastal Managements District Manager Ron Renaldi and Field
Representative Sarah
Loeffler on 05/12/2021.
Existing Site Areas'
Total property area...........................................................
14,810,400 sf
75' AEC area .......................... ....................................
....... 1,279,571 sf
Proposed Impervious Areas in 75' AEC:
Bridge & road approach............................................................
8,285 sf
Cabins..................................................................................
1,003 sf
Gazebo...................................................................................
324 sf
Golf cart paths........................................................................
1.435 sf
Total = 11,047 sf
Percent Impervious Area in 75' AEC: 11,047/1,279,571 = 0.86%
Proposed Structures Elevated Over Coastal Wetlands:
Walkway to sound side(6'x460')...............................................
2,760 sf
Walkway turnouts (2@ 6'x32')....................................................
384 sf
Walkway(6'x55') ..................................................................
330 sf
Total = 3,474 sf
Proposed Structures Elevated Over 404 Wetlands:
Cabins ..-.........................................................................
14,278 sf
Wood walkways....................................................................
1.633 sf
Total = 15,911 sf
Proposed 404 Wetland Fill Areas:
Man made pond......................................................................
3,168 sf
Road crossings......................................................................
4,074 sf
Total = 7,242 sf
Proposed Basin Improvements:
Bulkhead . ...._...................................................................
1701n.ft.
Upland area to be excavated......................................................
230 sf
The project proponent hereby certifies that all information contained herein is true,
accurate, and complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take
action on this CWA 401 certification request within the applicable reasonable period of
time. RECEIVED
MAR 0 S 2022
DCM-MHD CITY
Form DCM MP-4
(t U) 1 ZC22
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
®Commercial ❑Public/Government NPrivate/Community
❑This section not applicable
b. (i) Will the facility be open to the general public?
NYes []No
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? ❑Yes NNo
(ii) Number N/A
If yes.
(III) Length
(ii) Number _
(iv) Width
(III) Length
(iv) Width
(v) Floating []Yes []No
(v) Floating ❑Yes ❑No
e. (1) Are Platforms included? []Yes NNo
1. (1) Are Boatlifis Included? []Yes NNo
If yes:
If yes:
(ii) Number
(ii) Number
(III) Length
(III) Length
(iv) width
IN) Width _
(v) Floating ❑Yes NNo
Note.' Roofed areas are calculated hum ddpline dimensions.
g. (1) Number of saps proposed
h. Check all the types of services to be provided.
Q
❑ Full service, including travel lift and/or rail, repair or
(II) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips') only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ram number of boat ramps:
❑ Other, please describe:
I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout,
N Land cut and access channel charter boats, sail boats, mixed types).
❑Open water; dredging for basin and/or channel Small skiffs. Kayaks. etc.
❑Open water; no dredging required
[_]Other; please describe:
�f
k. Typical boat length: 1212=21' I. (1) Wit the facility be open to the general public?
®Yea []NO RECEIVED
m. (i) Will the facility have tie pilings?
❑Yes ®No
(II) If yes number of tie pilings? OR Q g 2022
DCM-hAHD CITY
.'.52-800-2808 :: 1-88"RCOAST :: www.nccoastaimanaaement.net revised: 12127106
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included In the proposed project. -
❑ Office Toilets
❑ Toilets for patrons; Number: ; Location:
❑ Showers rLU
2CZ2
❑ Boatfidding lank pumpouk Give type and location:
b. Describe Ireatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (q Give the location and number of 'No Sewage Discharge' signs proposed.
(it) Give the location and number of'Pumpout Available" signs proposed.
I. Describe the special design, If applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
In. Give the number of channel markers and 'No Wake' signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
EIVED
REC
m. Is the marinaldocking facility proposed within a primary or secondary nursery area? M AR 0 S Zo2Z
❑Yes []No
DCM-MHD CITY
252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.not revised: 12127/06
Form DCM MP-4 (structures, Page 3 of 4)
n. Is the madnsudooking facility proposed within or adjacent to any shellfish harvesting area?
❑yea ONO
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), orother wetlands (1NL)? If any boxes are checked, provide the number of square feet affected.
❑cw ❑SAV ❑sti _
❑m- []None
p. Is the proposed mannardocking facility located within or within close proximity to any shellfish leases? []Yes ❑No F t U ) ) 2C42
If yes, give the name and address of the leaseholder(s), and give the proximity to the Jesse.
3- BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Government ❑Private/Community
(it) Number
(it!) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpge, etc. If a rock groin, use MP-2, Excavation and FIN.) ®This section not applicable
a. (1) Number
(it) Length
(III) Width
& BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
9. Length _ b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond Ni NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the slructure(s):
[]Commercial ❑Public/Government ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present
e. Arc of the swing None
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
r
0
MAR 0 S 2022
DCM-MHD CITY
282-808-2808 :: 1-1188-411'r :: www.ticcoistalmaiia"rpgrlt.net revised: 12127106
rortn DCM MP-4 (Structures. Page 4 of 4)
a. Proximity of strxture(s) to adjacent riparian property lines b. Proximity of structures) to adjacent docking facilities.
N/A
Note: For buoy or moonng piling, use am of swing including length
ofvesseL
c. Width of water body
Existina basin 35'
e. (i) Will nahgatlonsl aids be required as a result of the project?
❑Yes MNo ❑NA
(ii) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
-3 5'
8. OTHER ❑This section not applicable
a. Give complete description:
6' x 460' walkway over wetlands to a 18' x 18' gazebo with an attached 540 sq.ft. open deck. Walkway to access beach area on
the Croatan sound.
02/09/22
Date
Lost Colony Retreat
Project Name
Doug Dorman -agent
Applicant Name
Appllcar�tenature
111:9 1 1 2022
RECEIVED
M AR 0 a Inn
DCM MHp CITY
252.808.2808::1-888.4RCOA8T:: www.inccoastalmanage_ment.pet mvh•rnh i .:.r nl
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► r a a
PROPOSED GAZEBO ((18•X18•) / `'� / a
WITH OPEN DECK(540 SF) /� _ i'� \"\,
CROATAN SOUND - PROPOSED TURNOUT
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P/: UPLANDS �I \ r �\ \ `' 32'
PROPOSED
yry�
BATHROOMS
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/
I
(6• X 460•)
PROPOSED WALKWAY 0
404 WETLANDS(6• X 40,), .A,
a /
REXAND LINE
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LEGEND:
- 404 WETLAND UNE DEUNEATED BY ATLANTIC - r
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VRFEDYTUCSCOAEIIBSACOEATINIDSW-2020-01453
--�. �/
-,
--- -- - COASTAL WETLAND LINE
-
. - r I I
RECEIVED
/�
— - 30• DCM BUFFER LINE
/
---- 75' AEC LINE
ow w 0
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MAR 0 S ZOZZ
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CABIN PLAN B
PROPOSED CAE
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r 404 WETLANDS
F—
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R _/� �`g �, p,�?� LEGEND: '
NIP SECTION %',44h ` D ® - PROPOSED DREDGE AREA (367 CU.YDS) r r i /
- PROPOSED WETLAND FILL AREA 0.07 ACRES (3,233 SF)
PROPOSED UPLAND AREA TO BE EXCAVATED (230 SF) i
9V x-is' - EXISTING WATER DEPTHS
4 — - — - 404 WETLAND LINE DELINEATED BY ATLANTIC ! /
ENVIRONMENTAL CONSULTANTS LLC.
(r VERIFIED BY USACOE, ACTION ID SAW-2020-01453 I /
-
- COASTAL WETLAND LINE I r
— - 30' DGM BUFFER LINE
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— — — - 75' AEC LINE
r i r
i/
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CANAL & BASIN DREDGED
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6,250 SF (367 CU.YDS)
75'AEC LINE ----- --
— — — — — — — — _--- /-----'--�----
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. 30' OLMI BUFFER LINE
4 i i i \
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,P�ROPOSED UPLAND AREAS _1.5•x
30'" BUFFER UNE /TO BE EXCAVATED-230 S
PROPOSED BULKHEAD x-20
(170 FEET) /_ roxE
35'ti
---------75_AEC IMI
--
PROPOSED ELEVATED
WOOD WALKWAYS
6' WIDE
CABIN PLAN A
PROPOSED CABINS j
PORTION OVER
404 WETLANDS /
COASTAL W 7 AND UNE \ J,
404 WETLAND UN� ,
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41MAIMC RYNONAMUZ CONSU RNTS, LLC
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Phone/Fax, (252) 261-7707
aE CAMA MAJOR PERMIT APPLICATION E-Nail. dougtluecEgmnit.com
01/07/22 WANCHESE DARE COUNTY NORTHCAROUNA
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SHEET 7 OF 15