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HomeMy WebLinkAbout23-14 Dare County�Permit Class � NEW
STATE OF NORTH CAROILIINA
Department of Environment and Natural Resources
and
f Coastal Resources Commission
permit
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
r
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
23-14
Issued to County of Dare, PO Box 1000, Manteo, NC 27954
Authorizing development in Dare County at Atlantic Ocean, 23731 NC Hwy 12,
Rodanthe as requested in the permittee's application dated 12/16/13, including the attached
1 dated 5/20/13, 1 dated 10/20/13, 1 dated revised 10/18/13 and AEC Hazard Notice dated 9/10/13
=:This permit, issued on March 112, 2014 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.
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) 15A NCAC 07H.0309(a)(5) allows unenclosed, uninhabitable gazebos with a footprint of 200 square
feet or less seaward of the oceanfront setback. Therefore, in order to ensure compliance with this rule,
only one gazebo is allowed and any reference to two gazebos in the attached application and workplan
drawings is herby null and void.
(See attached sheets for Additional Conditions)
- This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This : permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
maintenance work or project modification not covered
3er requires further Division approval.
All`work must cease when the permit expires on
December 31, 2017
Sn issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
-Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
2�,.-Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
County of Dare Permit #23-14
- Page 2 of 3
ADDITIONAL. CONDITIONS
UlDland Development
2): Unless specifically altered herein, this permit authorizes only the land disturbing activities associated
drainage culvert, parking areas, stormwater retention areas, septic system, picnic tables, equipment
building, restrooms, playground, volleyball courts, horseshoe pits, gazebo, wooden beach accessway, all
as expressly and specifically set forth in the permit application and depicted on the attached workplan
drawings as referenced above. Any additional land disturbing activities and/or construction shall require
a modification of this permit.
Ocean Hazard Development
3) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of
Coastal Management shall stake the first line of stable, natural vegetation and the small and large
structure setbacks. These setback determinations shall replace those done at the time the permit
application was processed and approved. Construction shall begin within sixty days of this
determination or the measurement is void and shall be re-established. In the case of a major shoreline
change within that period, a new setback determination shall be required before construction begins.
4) .. All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8
inches in diameter if round, or 8 inches to a side if square.
5)_ All foundations shall be adequately designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100-year storm.
All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structures.
7X .
The wooden beach access shall be six feet or less in width and raised on posts or pilings so that
whenever possible only the posts or pilings touch the dune. Where this is deemed impossible, the
structure shall touch the dune only to the extent absolutely necessary. In no case shall the access ways
diminish the dune's capacity as a protective barrier against flooding and erosion.
g 8) Dune disturbances shall only be allowed to the extent necessary for development and if the dune's
protective value is not weakened or reduced. Any areas of vegetation of the dune that are disturbed shall
1 be re -vegetated as soon as feasible.
Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently
threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled
within two (2) years of the time when it becomes imminently threatened, and in any case, upon its
collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place
within two (2) years of the time the structure becomes imminently threatened, so that the structure is no
longer imminently threatened, then it need not be relocated or dismantled at that time. This condition
shall not affect the permit holder's right to seek authorization of temporary protective measures allowed
under CRC Rules.
County of Dare Permit #23-14
Page 3, of 3
ADDITIONAL CONDITIONS
10) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
inconsistent with any of the following AEC standards, the more restrictive standard shall apply.
11) All fill material shall be clean and free of any pollutants except in trace quantities.
Sedimentation and Erosion Control
NOTE:
12)
An Erosion and Sedimentation Control Plan may be required for this project. This plan shall be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Division of Energy, Mineral and
Land Resources, 943 Washington Square Mall, Washington, NC 27889.
In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
General
14) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the areas indicated on
the attached workplan drawings.
1'5) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
t
I16).. The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
1`7 This permit shall not be assigned, transferred sold or otherwise disposed of to a third art without the
[ ) P F3i P party
written approval of the Division of Coastal Management.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
- approvals or authorizations that may be required, including but not limited to a Stormwater
Permit from the Division of Energy, Minerals and Land Resources.
_ NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior to the commencement of any
such activity for this determination.
'NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-00421
Project Narrative RECEIVED
Rodanthe Beach Access & Oceanfront Park JAN 0 6 2014
Dare County, North Carolina,
e
DCM-MHD CrrY
Public beach access on Hatteras Island is woefully lacking and to respond to this need, Dare County
purchased the +/- 5.87 acre tract in Rodanthe at 23731 NC 12 Highway. This tract is strategically located
in an area of Hatteras Island with much less public access than further south. This tract was previously
owned by Lightkeeper Estates and was permitted to allow a fill road to be installed in wetlands to access
the oceanfront for the construction of two single-family residences and appurtenances (CAMA Major
Development Permit #135-06 and USACE Action ID # SAW-200640200-128).
The current plan is to develop the tract for regional public beach access and recreation, supporting 75
gravel parking spaces, access drive aisles, picnic pavilion, equipment building, public restrooms, and
playground area on the western extent of the site.
A 20-foot wide gravel drive will traverse the wetland area (Section 404 wetlands) with a 24-inch drainage
pipe to allow the drainage swale BMP which parallels the south side of the drive to drain into the wetland
area to the north. The encroachments from the southern property will be addressed upon receipt of
authorization for improvements.
This drive aisle will connect the western improvements to the oceanfront which will support 22 gravel
parking spaces, two beach volleyball courts, two gazeboes, two horseshoe pits, shower station (outdoor),
and 6-foot wide walkway.
laws
RECEIVED 1
APPLICATION for
Nolor Development Permlt COASTAL tU NACF. ;1
FI 17ARFTH NT"
(last revised 12127; 06)
North Carol in&DIVISION OF COASTAL
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
County Of Dare
Rodanthe Regional
Last Name
Publiq&?cht~ Oceanfront Park
Applicant 1: First Name MI
Tim
white
V JAN 0 6 2014
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
TIMMCITY
Mailing Address
PO Box
City
State
1000
Mantso
NC
ZIP
Country
Phone No.
FAX No.
27954
USA
252-475-9270 ext.
Street Address (if different from above)
City
State
ZIP
Email
timw@darenc.com
2. Agent/Contractor Information
Business Name
Environmental Professionals, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
George
H.
Wood
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
3368
Kill Devil Hills
NC
ZIP
Phone No. 1
Phone No. 2
27948
252 - 441- 0239 aid. 105
252 - 423 -1234 ext.
FAX No.
—iContractor #
252 441 0721
Street Address (ifdifferent from above)
I
City
1 State ZIP
1404 S. Virginia Dare Trail
Kill Devil Hills
NC 7948 -
Email
obxwood@yahoo.com
<Form continues on back>
2�^e •,"+G&•26;e Ct � ._.... C !.: ::d ii5' .. '�•a � ; �. �.-.-s ,,.-l:r e; i:�yc.e._r�t.,'.e':
Form DCM MP-1 (Page 2 of 4)
j'
,f .__...... .. ...._-,.
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address ' ••
State Rd. #
Dare
23731
NC 12 Hwy
Subdivision Name
City •• "` ""
state
zip
None
Rodanthe
NC
27968 -
Phone No.
Lot No.(s) ilt many, attach additional page with list)
252 - 475 - 9270 ext.
N/A, I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Atlantic Ocean
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work fallswanin.
Dare County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.R.)
186.66
255,786
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
3-7' ®NHW or ❑NWL
e.
Vegetation on tract
Juncus roemerianus, Spartina patens (wetland areas), Juniperus virginiana, Iva frutescens, Ammophila
RECEIVED
f.
Man-made features and uses now on tract
None JAN 0 6 2014
g.
Identify and describe the existing land uses adiaeent to the proposed project site. DOM Mir
Water plant to the north
Trailer park to the south
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
S-1 Special District
(Attach zoning compliance certificate, If applicable)
®Yes []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 IgNo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? ®Yes ❑No
JAN 0 6 2014
(ii) Are there coastal wetlands on the site? _ ❑Yea ®No
(III) If yes to either (i) or (11) above, has a delineation been conducted? DCM-MHD CITY ®Yea ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities. ! _
None
i
117
o. Describe existing drinking water supply source.
None
p. Describe existing storm water management or treatment systems
None
5. Activides and Impacts
a.
Will the project be for commercial, public, or private use?
❑Commercial ®Public/Government
❑PrivatelCommunity
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Beach access, parking, and playground
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Bulldozer, paving equipment, hand tools stored on west side of the property.
d.
List all development activities you propose.
Parking, picnic pavillions, shower stations, access roadway, handicapped parking, equipment building, horseshoe pits,
volleyball courts, dune crossover, gazebo
e.
Are the proposed activities maintenance of an existing project, new work, or both?
New
f.
What is the approximate total disturbed land area resulting from the proposed project?
137,083 ®Sq.Ft or []Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
None
i.
Will wastewater or stonnwater be discharged into a wetland?
®Yes [:]No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
®Yes ❑No ❑NA
j.
Is there any mitigation proposed?
®Yes ❑No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
Additional Information
In addition to this completed application form, (MP-1) the following items below, If applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development applicaton. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c.
A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the 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
i
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
i
which to submit comments on the proposed project to the Division of Coastal Management.
Name Jazania Harbert O'Neal Family Ltd. Partnership Phone No.
Address P.O. Box 40 - Rodanthe, NC 27968
Name Edward 8 Betty Saylor Phone No.
Address 10383 Mentzer Gap Drive -Waynesboro, PA 17268
Name Phone No.
Address
g.
A lis�us state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates.
CAMA Major Development Permit #135-06 USACE Action ID #SAW-2006-40200-128
Lightkeeper Estates - Issued on August 7, 2007 Lightkeeper Estates - Issued on August 7, 2007
I
i
l .
Signed oonsuRant or agentauthorization forn, H applcabla JJ
- --I
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 aompiianca with the N.C. Environmental Policy Ad (N.C.G.S.113A 1-1o), 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.
1 7. Certillcation and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of 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.
I further certify that the information provided in this application is truthful to the best of my knowledge:'
Date 12-16-13 Print Name George H. Wood r - -- -
Signature �—
i
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development RHCETM
❑DCM MP-4 Structures Information
JAN 0 6 2014
DCM-MHI)CITY
Form DCM MP-2
'iXCAVATION and FILL
xcept for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -I..
RECEIVED -
DE C 17 2013
Joint
Application that relate to this proposed project. Please include all supplement'bl information.
Describe below the purpose of proposed excavation and/or fill activities. All values shouldG given In.%et
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL)
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
11. EXCAVATION BThis section not applicable
a. Amount of material to
cubic yards.
or NWL in b. Type of material to
c. (1) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
[]CW ❑SAV ❑SB
[]WL []None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
2. DISPOSAL OF EXCAVATED MATERIAL BThis section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
c. (i) Do you claim title to disposal area?
[]Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any 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 []None
(11) Describe the purpose of disposal in these areas:
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
[]Yes ❑No ❑NA
III) If yes, how much water area is affected?
tt>icEtvEn
4' r
{ JAN 0 6 2014
nCM-Man MY
FoYYYd DCM MF-2 (Excavattl*n and F5 6r Pr-''ag& 2 Q12i
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 — Structures)
Type of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill LJOther.
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill_ Riprap _
Breakwater/Sill_ Other_
I. Source of fill material.
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
Information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the it ®Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlandstmarsh (CW),
If yes,
(ii) Amount of material to be placed in the water Q
(iii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Silt fence barrier
suorrergeo aquatic Ve(Jelauun tonvh enou wuvm t avr, m
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV ❑SB
OWL 18,015 []None
(ii) Describe the purpose of the fill in these areas:
access drive
b. What type of construction equipment will
backhoe, or hydraulic dredge)?
Bulldozer, dump trucks, paving machines
c. (i) Will navigational aids be required as a result of the project? d.
❑Yes []No ®NA _
(ii) If yes, explain what Type and how they will be implemented
December 16, 2013 s I ul`.. I r culJ
Date
Rodanthe Regional Public Beach Ac as & Ogeartffont Park
:ctName
(i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ❑No ®NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
George H. Wood, Agent for
Applican ame ��11 I�CEtVED,
Appl' mSignature JAN 0 6 2014
DCM-MAD CITY
2`.'i�•80.5 ...t s:: • + .e�:. ....,k. e5' .. °,,. .. '-(: fGv: vCt. (2f2ii!i1e;
Form DCM MP-3
1
PLAND DEVELOPMENT ! °E >> 2013
instruction and/or land disturbing activities)
-1
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Se 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
b. Number of lots or parcels.
proposed.
None
1 building (restrooms, equipment room)
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.
-a
137,083 square feet
e.
If the proposed project will disturb more than one acre of land, the
I. List the materials (such as marl, paver stone, asphalt, or concrete)
Division of Land Resources must receive an erosion and
to be used for impervious surfaces.
sedimentation control plan at least 30 days before land -disturbing
Gravel
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, list the date submitted: To be submitted after Section
401 approval
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.
20.57%
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
25.05%
j. Describe proposed method of sewage disposal.
On -site wastewater
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).
None
is
h. Projects that require a CAMA Major Development Permit may also
require a Stonnwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes []No ❑NA
(ii) If yes, list the date submitted: _9-18-13
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 stonnwater
design?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
RECEDED
4 JAN 0 6 2014
ncM.MHDcrry
FoB°kn iiD sk'A ECtdP-3 (U,,A&Eld Fag,-; `? of 21
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
County system
o. When was the lot(s) platted and recorded?
December 16, 2013
Date
Rodanthe Regional Public Beach Access & Oceanfront Park
Project Name
George H. Wood, Agent for
Applicant me
7e'a' z�
AppficfAt Signature
n. (I) Will water be impounded? ❑Yes ONO ®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
MCEM .4
" JAN A 6 2014
..., .. sa �., .. _.. 1, •. - ice; 255f aiL'.
Project is In an: --/— Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area
Property Owner: co &,V4M At rJLtct-
Property Address: 0737,31—�� 1� %1*•►
Date Lot Was Platted: &AaL I I - AQQ4-
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as stones, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an AEC Hazard Notice and
acknowledge that notice in writing before a permit for
development can be issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Permits issued in the Ocean Hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled if they become imminently threatened
by changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long -tern
average ocean erosion rate for the area where your property is
located is ix feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
_3t.Q feet landward in a major storm.
The flood waters in a major storm are predicted to be about
feel deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls, revetments. groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this information and
requireme by signing this notice in the space below. Without
the propfir si ture, the application will not be complete.
21
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive storms and
erosion. Permits issued for development in this area expire on
December 31 of the third year following the year in which the
permit was issued. Shortly before work begins on the project
site, the Local Permit Officer must be contacted to determine the
vegetation line and setback distance at your site. If the property
has seen little change since the time of permit issuance, and the
proposed development can still meet the setback requirement,
the LPO will inform you that you may begin work. Substantial
progress on the project must be trade within 60 days of this
setback determination, or the setback must be remeasured. Also,
the occurrence of a major shoreline change as the result of a
storm within the 60-day period will necessitate remeasurement
of the setback. It is important that you check with the LPO
before the permit expires for official approval to continue the
work after the permit has expired. Generally, if foundation
pilings have been placed and substantial progress is continuing,
permit renewal can be authorized. It is unlawful to continue
work after permit expiration.
For more information, contact:
Local Permit Officer
liECFdVED
Address JAN 0 6 2014
Locality llC"l.-...M CITY
Phone Number
DEC 17 2013
�aAPu.lii_I•Aid Property Owner Signature Det i vu1+J:n! T I
R"W May 2010
r.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dare County
2. LOCATION OF PROJECT SITE: 23731 NC Hwy 12 Rodanthe, Dare County on
Atlantic Ocean
Photo Index — 2006: 174-7845 (Q,16) 2000: 174-2055 (1,9)
1998: 38-985 (P,17) RECEIVED
State Plane Coordinates - X: 3050760 Y: 690041
JAN 0 6 2014
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Dec. 17, 201PCMMOCITY
Was Applicant Present - no
5. PROCESSING PROCEDURE: Application Received Complete — Dec. 17, 2013
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP - conservation
(B) AEC(s) Involved: Ocean Erodible Area of Environmental Concern (AEC)
(C) Water Dependent: no
(D) Intended Use: public
(E) Wastewater Treatment: Existing - none
Planned - individual septic system
(F) Type of Structures: Existing - none
Planned - picnic pavilion/restroom/equipment
building, driveway and parking areas, dune
crossover, 2 gazebos, stormwater retention areas
(G) Estimated Annual Rate of Erosion: 9.5 ft/yr
Source — DCM erosion rate maps
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHFR
(A) Vegetated Wetlands
18,015 sq ft
(C) Highground
119, 068 sq ft
(D) Total Area Disturbed: 137,083 sq ft (3.147 acres)
(E) Primary Nursery Area: no
(F) Water Classification: SB Open: no
1
Field Investigation Report
Page 2
8. PROJECT SUMMARY: The applicant proposes to construct a picnic
pavilion/restroom/equipment building, two parking areas connected by a gravel
driveway, dune crossover including two gazebos, sand volleyball court and horseshoe
pits and outdoor shower station.
Proiect Settin
The project site is located in the Village of Rodanthe at 23731 NC Hwy 12 on the Atlantic
Ocean
in Dare County. The proposed project site is 255,786 sq ft (5.8 acres) and is currently
undeveloped. The property extends from the Atlantic Ocean west 1,431 ft to NC 12. The site
has 186 ft of oceanfront shoreline. The site is vegetated with live oaks, upland grasses, bay
and wax myrtles in the approx. 500 ft adjacent to NC 12 and then transitions to wetlands that
have been delineated as 404 wetlands. The wetland area is dominated by Juncus
roemerianus, and also has Spartina patens, Caladium jamaicense, Limonium spp., and Scirpus
spp. Although many coastal wetland species are present, this area is not subject to regular or
irregular flooding and has not been claimed as a coastal wetland under the jurisdiction of the
Division of Coastal Management. An approximately 8 ft. wide ditch bisects the 404
wetland area in a north to south alignment. The remainder of the site transitions from the
wetland area to sandy uplands vegetated with upland grasses, bay and wax myrtle, and then
into a low lying frontal dune system with sea oats and American Bean Grass. The Ocean
Hazard AEC line has been established and is located in the 404 wetland area approximately
center way of the site. The first line of natural stable vegetation was staked and verified by
myself on 4/ 02/ 2013.
The project site is bordered on the north side by developed single family residences and on the
south side by a campground. The wetland area described above extends south through the
campground property. At some point in the past, the campground site placed a culvert in the
ditch across the property and filled the wetland to create uplands from NC 12 to the ocean
effectively cutting off surface water flow to the subject property.
The Atlantic Ocean is classified as SB by the Environmental Management Commission and is
not open to shell fishing. The site is 3-7 ft above normal water level (NWL).
Development Proposal
The applicant proposes to construct a regional public beach access and recreation area to
serve the public on Hatteras Island. The proposed public beach access area would consist of
two parking areas, picnic pavilion, equipment building with restrooms, playground area with
volleyball courts and horseshoe pits and two gazebos. The proposed construction would also
consist of three stormwater retention areas and a septic system. The parking area adjacent to
NC Hwy 12 would be constructed of gravel and approximately 110 ft by 250 ft allowing 75
parking spaces. Adjacent to the parking area would be an 84 ft by 24 ft equipment storage
building with public restrooms and picnic pavilion. Directly behind the building would be the
proposed playground area. The proposed development also includes a 20 ft by approximately
650 ft driveway that would connect the western and eastern development areas. The
construction of this driveway would involve the filling of 18,015 sq. ft. of wetlands. A 24 inch
drainage culvert would be placed below the road bed to maintain the drainage along the
existing 10 ft wide ditch. The driveway would connect to the second gravel parking area
consisting of 22 parking spaces and would measure approximately 60 ft by 125 ft.
Field Investigation Report
Page 3
In this eastern/oceanside recreational area there would be two sand volleyball courts, two sand
horseshoe pits, a 6 ft wide by 160 ft long wooden beach accessway that would have two
covered gazebos and a shower station.
Anticipated Impacts
The project as proposed will result in the filling of 18,015 sq ft of 404 wetlands for the
construction of a driveway, the filling of 119,068 sq ft of uplands for the construction of the
parking areas and buildings. Also, 10,900 sq ft of this upland fill would be located within the
Ocean Erodible AEC.
Submitted by: Kelly Russell
Date: Dec. 30, 2013
RECEIVED
IV JAN 0 6 2014
DCM--MHD CITY
Q. A
AS
MUM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management e
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
March 12, 2014
County of Dare
P.O. Box 1000
Manteo, N.C. 27954
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the
copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have
waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days
of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance requires additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. Howevyer, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance.
By working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Sincerely,
Douglas V. Huggett
Major Permits and Cdnsistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net
An Equal epportunity IAf rmative Action Employer
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Dare County County: Dare RECEIVED
LOCATION OF PROJECT: 23731 NC Hwy 12 in Rodanthe
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 12/17/13 JAN 0 6 2014
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
DCM MHD CITY
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Kelly Russell D STRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: Date: 442
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (100%)
PUBLIC NOTICE REC'D: Advertise: 01/07/14 END OF NOTICE DATE: Comments due: 01/27/14
ADJ. RIP. PROP NOTICES REC'D: DEED RECD:
APPLICATION ASSIGNED TO: G=E,man ON: (14Y
C) 75 DAY DEADLINE: 03/02/14
MAIL OUT DATE: Circulation: o / �' 3 y
FEDERAL DUE DATE:
150 DAY DEADLINE:
STATE DUE DATE: Comments clue:
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY
DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
(— q
Division of Community Assistance—(
Land Quality Section
Division of Water Quality
Storm Water Management (DWQ)
State Property Office
(—
1/
Division of Archives & History
Division of Environmental Health
Division of Highways
Wildlife Resources Commission
Local Permit Office
Division of Marine Fisheries
V
Corps of Engineers
Govoni, Daniel
From:
Hart, Kevin
Sent:
Friday, March 07, 2014 10:40 AM
To:
Govoni, Daniel
Subject:
Dare County Public Beach Access
Daniel,
I have no comment on the Dare County Public Beach Access project.
Kevin
Kevin Hart
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
252-948-3950
PLEASE NOTE NEW PHONE NUMBER.
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by statute or other regulation.
Please visit www.nccoastalmanaaement.net to subscribe to
Coastal Management's quarterly newsletter, the CAMAgram.
February 18, 2014
Regulatory Division
Action ID No. SAW-2014-00421
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Dare County, c/o Tim White to construct a public beach
access with gravel driveway (18,051 square feet of wetland impacts), and associated recreational
amenities, at 23731 NC HWY 12, just south of Midgett Drive, in Rodanthe, Dare County, North
Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
6. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
8. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
9. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter I I3A Article 4).
10. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
11. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the pernrittee's discovery of the violation.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone (910) 251-4605.
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mr. Ian McMillan
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Frank Jennings, District Manager
Elizabeth City Field Office
North Carolina Division of Coastal Management
Govoni, Daniel
From:
Hart, Kevin
Sent:
Friday, March 07, 2014 10:40 AM
To:
Govoni, Daniel
Subject:
Dare County Public Beach Access
Daniel,
I have no comment on the Dare County Public Beach Access project.
Kevin
Kevin Hart
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
252-948-3950
PLEASE NOTE NEW PHONE NUMBER.
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by statute or other regulation.
Please visit www.nccoastalmanartement.net to subscribe to
Coastal Management's quarterly newsletter, the CAMAgram.
A/ETIR.�
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvada, III
Governor. Director Secretary
MEMORANDUM
TO: Doug Huggett, MajorPermits Coordinator
THROUGH: Frank A. Jennings, III, District Manager �FV
FROM: Kelly Russell, Field Representative
DATE: Jan. 13, 2014
SUBJECT: Rodanthe Regional Public Beach Access & Oceanfront Park Major Permit
Recommendations
The applicant proposes to construct a public beach access area with a bathhouse/ picnic pavilion
two parking areas connected by a gravel driveway, a dune crossover with two gazebos and a
sand volleyball court and horseshoe pits.
The development proposal involves the Ocean Hazard Area of Environmental Concern (AEC).
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 .0303 MANAGEMENT OBJECTIVE OF OCEAN -HAZARD AREAS
(a) The CRC recognizes that absolute safety from the destructive forces indigenous to the
Atlantic shoreline is an impossibility for development located adjacent to the coast. The loss of
life and property to these forces, however, can be greatly reduced by the proper location and
design of structures and by care taken in prevention of damage to natural protective features
particularly primary and frontal dunes. Therefore, it is the CRC's objective to provide
management policies and standards for ocean hazard areas that serve to eliminate unreasonable
danger_ to life and property and achieve a balance between'the financial, safety, and social factors
that are involved in hazard area development.
(b) The purpose of these Rules shall be to farther the goals set out in G.S. I I3A-102(b), with
particular attention to minimizing losses to life and property resulting from storms and long-term
erosion, preventing encroachment of permanent structures on public beach areas, preserving the
natural ecological conditions of the barrier dune and beach systems, and reducing the public
costs of inappropriately sited development. Furthermore, it is the objective of the Coastal
Resources Commission to protect present common-law and statutory public rights of access to
and use of the lands and waters of the coastal area.
1367 Us 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-2643723 ; Internet: www.ncooastalmanagement.net a
VVIAM2711Y
01
�Carolina
An Equal Opportunity lAffirmative ActionEmployer
Rodanthe Public Beach Access Trust Major Permit Recommendations
January 13, 2014
Page 2
Consistent: The proposed project is consistent with the management objectives.
15A NCAC 07H .0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS'
(a) In order to protect life and property, all development not otherwise specifically exempted or
allowed by law or elsewhere in the Coastal Resources Commission's Rules shall be. located
according to whichever of the following is.applicable:
(1) The ocean hazard setback for development is measured in a landward direction from the
vegetation line, the static vegetation line or the measurement line, whichever is applicable. The
setback distance is determined by both the size of development and the shoreline erosion rate as
defined in 15A NCAC 07H .0304. Development size is defined by total floor area for structures
and buildings or total area of footprint for development other than structures and buildings.
(2) With the exception of those types of development defined in 15A NCAC 07H .0309, no
development, including any portion of a building or structure; shall extend oceanward of the
ocean hazard setback distance. This includes roof overhangs and elevated structural components
that are cantilevered,.knee braced, or otherwise extended beyond the support of pilings or
footings. The ocean hazard setback is established based on the following criteria:
(A) A building or other structure less than 5,000 square feet requires a minimum setback of
60 feet or 30 times the shoreline erosion rate, whichever is greater;
(J) Parking lots greater than or equal to 5,000 square feet requires a setback of 120 feet or 60
times the shoreline erosion rate, whichever is greater;
(c) Development shall not cause irreversible damage to historic architectural or archaeological
resources documented by the Division of Archives and History, the National Historical Registry,
the local land -use plan, or other sources with knowledge of the property.
Consistent: The proposed bath house is less than 5000 sq ft and meets the setback
requirements. The proposed parking area is to be constructed of gravel and therefore
meets the exceptions set forth in .0309.
15A NCAC 07H .030g SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS
(c) Structural Accessways:
(1) Structural accessways shall be permitted across primary dunes so -long as they are designed
and constructed in a manner that entails negligible alteration on the primary dune. Structural
accessways shall not be considered threatened structures for the purpose of Paragraph (a) of this
Rule.
(2) An accessway shall be conclusively presumed to entail negligible alteration of a primary
dune provided that:
(A) The accessway is exclusively for pedestrian use;
(B) The accessway is less than six feet in width;
(C) The accessway is raised on posts or pilings of five feet or less depth, so that wherever
possible only the posts or pilings touch the frontal dune. Where this is deemed impossible, the
structure shall touch the dune only to the extent absolutely necessary. In no case shall an
accessway be permitted if it will diminish the dune's capacity as'a protective barrier against
flooding and erosion; and
(D) Any areas of vegetation that are disturbed are revegetated as soon as feasible.
1367 US 17 South, Ellzabeth City, NC 27909 ne'
Phone: 262-26439011FAX: 252-264-3723;Internet: www.nccwstalmanagement.net L'8i'011f a
An Equal Opportunity k Af6rmative Action Employer a����✓
Rodanthe Public Beach Access Trust Major Permit Recommendations
January 13, 2014
Page 3
(3) An accessway which does not meet Part (2)(A) and (B) of this Paragraph shall be permitted
only if it meets a public purpose or need which cannot otherwise be met and it meets Part (2)(C)
of this Paragraph. Public fishing piers shall not be deemed to be prohibited by this Rule,:
provided all other applicable standards are met.
(d) Building Construction Standards. New building construction and any construction identified
in .0306(a)(5) and 07J .0210 shall comply with the following standards:
(1) In order to avoid danger to life and property, all development shall be designed and placed so
as to minimi7r. damage due to fluctuations in ground elevation and wave action in a 100-year
storm. Any building constructed within the ocean hazard area shall comply with relevant sections
of the North Carolina Building Code including the Coastal and Flood Plain Construction
Standards and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provision of the building code or a flood damage prevention ordinance
is inconsistent with any of the following AEC standards, the more restrictive provision shall
control.
(2) All building in the ocean hazard area shall be on pilings not less than eight inches in diameter
if round or eight inches to a side if square.
(3) All pilings shall have. a tip penetration greater than eight feet below the lowest ground
elevation under the structure. For those structures so located on or seaward of the primary dune,
the pilings shall extend to five feet below mean sea level,
(4) All foundations shall be adequately designed to be stable during applicable fluctuations in .
ground elevation and wave forces during a 100-year storm. Cantilevered decks and walkways
shall meet this standard or shall be designed to break -away without structural damage.to the
main structure.
Consistent: The proposed dune cross is consistent with the specific use standards.
15A NCAC 07H .0309 USE STANDARDS FOR OCEAN HAZARD AREAS: .
EXCEPTIONS
(a) The following types of development shall be permitted seaward of the oceanfront setback
requirements of Rule .0306(a) of the Subchapter if all other provisions of this Subchapter and
other state.and local regulations are met:
(2) driveways and parking areas with clay, packed sand or gravel;
(3) elevated decks not exceeding a footprint of 500 square feet;
(4) beach accessways consistent with Rule .0308(c) of this Subchapter;
(5) unenclosed, uninhabitable gazebos with a footprint of 200 square feet or less;
In all cases, this development shall be permitted only if it is landward of the vegetation line or
static vegetation line, whichever is applicable; involves no alteration or removal of primary or
frontal dunes which would compromise the integrity of the dune as a protective landform or the
dune vegetation; has overwalks to protect any existing dunes; is not essential to the continued
existence or use of an associated principal development; is not required to satisfy minimum
requirements of local zoning, subdivision or health regulations; and meets all other non -setback
requirements of this Subchapter.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-284-39011 FAX: 252-264-3723 ; Internet: twnvmmastalmanagement riat
An FAual Opportunity 1 Affirmative Action Employer
A�ne Carolina
atura!!�
Rodanthe Public Beach Access Trust Major Permit Recommendations
January 13, 2014
Page 4
Consistent: The proposed parking area within the ocean hazard setback is to be
constructed of gravel and therefore meets the exceptions. The proposed gazebos connected
to the dune crossover meets the requirements. .
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application, and plans, I recommend a Major Permit be issued to Dare County for the
Rodanthe Public Beach Access and Oceanfront Park with the. standard permit conditions
associated with Ocean Hazard AEC development.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-2609011 FAX: 252-264-3723 ; Internet: www.nccoWalmanaprmnt.net
An Equal Opportunity 1 Affirmative Action Employer
No e hCaro ina
atandy
February 18, 2014
Regulatory Division
Action ID No. SAW-2014-00421
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Dare County, c/o Tim White to construct a public beach
access with gravel driveway (18,051 square feet of wetland impacts), and associated recreational
amenities, at 23731 NC HWY 12, just south of Midgett Drive, in Rodanthe, Dare County, North
Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The pennittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
6. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free,use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
8. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
9. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or, similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
10. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs; and 10 NTU's or less in trout waters, are not
considered significant.
11. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone (910) 251-4605.
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mr. Ian McMillan
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Frank Jennings, District Manager
Elizabeth City Field Office
North Carolina Division of Coastal Management
Fes .
7'4A .
MUM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E: Skvada, III
Governor Director Secretary
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator
THROUGH; Frank A. Jennings, III, District Manager �Fj
FROM: Kelly Russell, Field Representative
DATE: Jan. 13, 2014
SUBJECT: Rodanthe Regional Public Beach Access & Oceanfront Park Major Permit
Recommendations
The applicant proposes to construct a public beach access area with a bathhouse/ picnic pavilion
two parking areas connected by a gravel driveway, a dune crossover with two gazebos and a
sand volleyball court and horseshoe pits.
The development proposal involves the Ocean Hazard Area of Environmental Concern (AEC).
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 .0303 MANAGEMENT OBJECTIVE OF OCEAN -HAZARD AREAS
(a) The CRC recognizes that absolute safety from the destructive forces indigenous to the
Atlantic shoreline is an impossibility for development located adjacent to the coast. The loss of
life and property to these forces, however, can be greatly reduced by the proper location and
design of structures and by care taken in prevention of damage to natural protective features
particularly primary and frontal dunes. Therefore, it is the CRC's objective to provide
management policies and standards for ocean hazard areas that serve to eliminate unreasonable
danger_ to life and property and achieve a balance between the financial, safety, and social factors
that are involved in hazard area development.
(b) The purpose of these Rules shall be to further the goals set out in G.S. 113A-102(b), with
particular attention to minimizing losses to life and property resulting from storms and long-term
erosion, preventing encroachment of permanent structures on public beach areas, preserving the
natural ecological conditions of the barrier dune and beach systems, and reducing the public
costs of inappropriately sited development. Furthermore, it is the objective of the Coastal
Resources Commission to protect present common-law and statutory public rights of access to
and use of the lands and waters of the coastal area.
1367 US 17 South, Ellzaheth City, NO 27999
Phone: 262-26439011 FAY: 262-2643723 ; Internet: www.ncouastalmanagerpent.net e
1�' Caroj%',n_,a
An Equal Opportunity l Affirmative Action Employer /f /atu�+a y
Rodanthe Public Beach Access Trust Major Permit Recommendations
January 13, 2014
Page 2
Consistent: The proposed project is consistent with the management objectives.
15A NCAC 07H .0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS'
(a) In order to protect life and property, all development not otherwise specifically exempted or
allowed by law or elsewhere in the Coastal Resources Commission's Rules shall be located
according to whichever of the following is.applicable:
(1) The ocean hazard setback for development is measured in a landward direction from the
vegetation line, the static vegetation line or the measurement line, whichever is applicable. The
setback distance is determined by both the size of development and the shoreline erosion rate as
defined in 15A NCAC 07H .0304. Development size is defined by total floor area for structures
and buildings or total area of footprint for development other than structures and buildings.
(2) With the exception of those types of development defined in 15A NCAC 07H .0309, no
development, including any portion of a building or structure, shall extend oceanward of the
ocean hazard setback distance. This includes roof overhangs and elevated structural components
that are cantilevered,. knee braced, or otherwise extended beyond the support of pilings or
footings. The ocean hazard setback is established based on the following criteria:
(A) A building or other structure less than 5,000 square feet requires a minimum setback of
60 feet or 30 times the shoreline erosion rats, whichever is greater;
(J) Parking lots greater than or equal to 5,000 square feet requires a setback of 120 feet or 60
times the shoreline erosion rate, whichever is greater;
(c) Development shall not cause irreversible damage to historic architectural or archaeological
resources documented by the Division of Archives and History, the National historical Registry,
the local land -use plan, or other sources with knowledge of the property.
Consistent: The proposed bath house is less than $000 sq ft and meets the setback
requirements. The proposed parking area is to be constructed of gravel and therefore
meets the exceptions set forth in .0309.
15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN ELVA" AREAS
(c) Structural Accessways:
(1) Structural accessways shall be permitted across primary dunes so long as they are designed
and constructed in a manner that entails negligible alteration on the primary dune. Structural
accessways shall not be considered threatened structures for the purpose of Paragraph (a) of this
Rule.
(2) An accessway shall be conclusively presumed to entail negligible alteration of a primary '
dune provided that:
(A) The accessway is exclusively for pedestrian use;
(B) The accessway is less than six feet in width;
(C) The accessway is raised on posts or pilings of five feet or less depth, so that wherever
possible only the posts or pilings touch the frontal dune. Where this is deemed impossible, the
structure shall touch the dune only to the extent absolutely necessary. In no case shall an
accessway be permitted if it will diminish the dune's capacity as 'a protective barrier against
flooding and erosion; and
(D) Any areas of vegetation that are disturbed are revegetated as soon as feasible.
1367 US 17 South, Elizabeth City, NC 27909 One'
Phone: 252-264-3901 A FAX: 252.264-3723 ; Internet: www.nocoastalmanagement.net N Carolina
An Equal Opportunity lAf rmative Action Employer litllPW#
Rodanthe Public Beach Access Trust Major Permit Recommendations
January 13, 2014
Page 3
(3) An accessway which does not meet Part (2)(A) and (B) of this Paragraph shall be permitted
only if it meets a public purpose or need which cannot otherwise be met and it meets Part (2)(C)
of this Paragraph. Public fishing piers shall not be deemed to be prohibited by this Rule,
provided all other applicable standards are met.
(d) Building Construction Standards. New building construction and any construction identified
in .0306(a)(5) and 07J .0210 shell comply with the following standards:
(1) In order to avoid danger to life and property, all development shall be designed and placed so
as to minimi * damage due to fluctuations in ground elevation and wave action in a 100-year
storm. Any building constructed within the ocean hazard area shall comply with relevant sections
of the North Carolina Building Code including the Coastal and Flood Plain Construction
Standards and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provision of the building code or a flood damage prevention ordinance
is inconsistent with any of the following AEC standards, the more restrictive provision shall
control.
(2) All building in the ocean hazard area shall be on pilings not less than eight inches in diameter
if round or eight inches to a side if square.
(3) All pilings shall have. a tip penetration greater than eight feet below the lowest ground
elevation under the structure. For those structures so located on or seaward of the primary dune,
the pilings shall extend to five feet below mean sea level.
(4) All foundations shall be adequately designed to be stable during applicable fluctuations in .
groundelevation and wave forces during a 100-year storm. Cantilevered decks and walkways
shall meet this standard or shall be designed to break -away without structural damage.to the
main structure.
Consistent: The proposed dune cross is consistent with the specific use standards.
15A NCAC 07H .0309 USE STANDARDS FOR OCEAN HAZARD AREAS:
EXCEPTIONS
(a) The following types of development shall be permitted seaward of the oceanfront setback
requirements of Rule .0306(a) of the Subchapter if all other provisions of this Subchapter and
other state,and local regulations are met:
(2) driveways and parking areas with clay, packed sand or gravel;
(3) elevated decks not exceeding a footprint of 500 square feet;
(4) beach accessways consistent with Rule .0308(c) of this Subchapter;
(5) unenclosed, uninhabitable gazebos with a footprint of 200 square feet or less;
In all cases, this development shall be permitted only if it is landward of the vegetation line or
static vegetation line, whichever is applicable; involves no alteration or removal of primary or
frontal dunes which would compromise the integrity of the dune as a protective landform or the
dune vegetation; has overwalks to protect any existing dunes; is not essential to the continued
existence or use of an associated principal development; is not required to satisfy minimum
requirements of local zoning, subdivision or health regulations; and meets all other non -setback
requirements of this Subchapter.
1367 US 17 South, ElUbeth City, NC 27909
Phone: 252-2609011 FAX: 252-264-3723 ; Internet: wwwmccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
Noe Carolina
Atura!!rf
Rodanthe Public Beach Access Trust Major Permit Recommendations
January 13,2014
Page 4
Consistent: The proposed parking area within the ocean hazard setback is to be
constructed of gravel and therefore meets.the exceptions. The proposed gazebos connected
to the dune crossover meets the requirements.
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application, and plans, I recommend a Major Permit be issued to Dare County for the
Rodanthe Public Beach Access and Oceanfront Park with the standard permit conditions
associated with Ocean hazard AEC development.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011FAX- 262-264-3723 ; Internet: wnimccoastalmanapment.net
An Equal Opportunity 1 Affirmative Action Employer
Noce Carolina
,A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
EMAIL MEMORANDUM
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
leg als cDthecoastlandtimes.net RECEIVED
FROM: Yvonne for Kelly Russell JAN 0 6 2014
DATE: January 2, 2014
DCM-MHDCITY
SUBJECT: Public Notice: County of Dare
Please publish the attached Notice in the Tuesday, January 7, 2014 issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to Melissa Sebastian, NC
Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC
28557, (Telephone 252-808-2808).
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: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Michele Walker, PIO, DCM, Raleigh
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
NCDENR hereby gives public notice as required by NCGS 113A-119(b) that
application for a development permit in an AEC as designated under the CAMA was
received on 12/17/13. The County of Dare proposes to construct a regional public
beach access & recreation area located at 23731 NC Hwy 12 in Rodanthe, Dare Co.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901
during norm4business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce, Avenue, Morehead City, NC 28557, prior to 01/27/14, 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: Tuesday, January 7, 2014
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 2, 2014
Mr. George Wood
Environmental Professionals, Inc. JAN 0 6 2014
P.O. Box 3368
Kill Devil Hills, NC 27948 DC.VoN1HDCITY
Dear George:
The INC Division of Coastal Management hereby acknowledges receipt of the
application submitted on behalf of the County of Dare for State approval for
development of their property located in Rodanthe, Dare County. It was received on
December 17, 2013, and appears to be adequate for processing at this time. The
projected deadline for making a decision is March 2, 2014. An additional 75-day review
period is provided by law when such time is necessary to complete the review. If you
have not been notified of a final action by the initial deadline stated above, you should
consider the review period extended. Under those circumstances, this letter will serve
as your notice of an extended review. However, an additional letter will be provided on
or about the 75th day.
If this agency does not render a permit decision within 70 days from December 17,
2013, you may request a meeting with the Director of the Division of Coastal
Management and permit staff to discuss the status of your project. Such a meeting will
be held within five working days from the receipt of your written request and shall
include the property owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of
the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard
which must be posted at the property of the proposed development. You should post
this notice at a conspicuous point along the 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 the property, or at a point along the road right-
of-way where a private road would lead one into the property. Failure to post this notice
could result in an incomplete application.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www,nccoastalmanagement.nel
An Equal Opportunity 1 Affirmative Action Employer
Mr. George Wood
January 2, 2014
Page 2
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 me if you have
any questions and notify me in writing if you wish to receive a copy of Kelly Russell's
field report and/or comments from reviewing agencies.
Sincerely,
Frank Jenrfings
District Manager, Northeast District
FJ/yc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC
Kelly Russell, Field Representative, DCM, Elizabeth City, NC
Tim White, County of Dare, Manteo, NC
Ao
Z
Z
Q
U
A
\To)'1'IC1:
AMA PERMIT
APPLIED FOR
i:.
n
-5 JE-14C16( AccESS A*11> oaEd
COMMENTS ACCEPTED THROUGH //2 7 IY
APPLICANT:
DA RE C ouNTY
P. �. San
�11wNTtaPiC 179SY
yes - 14 70
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
KE «y RL.% s f Ee-c.
Dr✓. of V-QA=Af� Mtivw%jEftE 'r
1347 us Huy i7? S%w"
Ez-lzAaFrtf c.TX Pic 2.7909
2-S i- 3901. aT- 2-33
PXMIVED
MAJOR PERMIT FEE MATRIX
JAN 0 6 2014
Applicant: 7)A R f con wT %1
Selection
Development Type
Fee
DCM%
DWQ%
(14300 16014351000931625 6253)
(243001602 435100095 2341)
I. Private, non-commercial
❑
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 open water areas.
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. 3490 (See
attached can be applied:
III(B). Public or commercial
development, if General
$40
1100% ($400)
0% ($0)
f
Water Quality Certification
No. 3490 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
3490 (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.
60% ($240)
40% ($160)
:]
3490 (see attached) cannot
F$4400
qED]
be applied:
IV. For development that
involves the filling and/or
60% ($285)
400% ($190)
excavation of more than
one acre of wetlands and/or
Ill
open water areas:
AUTHORIZATION TO ACT AS REPRESENTATIVE FORM
(ydowner of record authorizes Environmental Professionals, Inc. to:
1. enter the properly to gather environmental and site information, including delineation of
environmental reguatory jteisdiaions:
2. enter the she with the regulatory agencies (i.e. U.S. Army Corps of EogineeM
North Carolina Division of Coastal Mvwgcmtm, North Carolina Division of Water
Quality, etc.) se needed to review regulatory alignrne n(s) aWdm to werdify nddilional
regulatmylmrisdictions:
I. submit plan and other information to "vim regulatory agency confarrnYimns. sypro"IL,
andlm determinations (U.S. Army Corps of Engineer, North Carolina Division of
CoasW Management, North Carolina Division of water Quality, ac.Y and
e. act as agent for the purposes of obtaining environntenul permits, amhoriratloro. &odor
determinations.
�,, g /3
Landowner Date
CIieM Date
RECEIVED
JAN 0 6 2014
DC:VI-N 0 CITY
RECEIVED
C3
C3
M1
m
Postage I $
CediOed Fee I
01
A
'-9
Postmark
C3
O
Return Receipt Fee
(Endorsement Required)
i2 55
Hera
M
Restdcted Delivery Fee
f0 00
(Endorsement Required)
O
N
Total Postapea==-•
� I7•I7
12/1b12013
ru
sent lo,
Jazania Herbert O'Neal Family artnership
o-
Ltd. Partnership
C3
YfW AW. N
P.O. Box 40
C3OrPosoxm
ay'see,s
Rodanthe, NC 27969 •--
DEC 11 2013
(ViaLe-M e ' iVReturn Receipt Requested)
Environmental Professionals, Inc. has been retained by the County of Dare to represent them to the
North Carolina Division of Coastal Management for the purposes of obtaining a permit to authorize the
construction of the Rodanthe Regional Public Beach Access Oceanfront Park which is adjacent to your
property on the Atlantic Ocean. Copies of the plats depicting the location of the proposed site development
and application are enclosed for your review.
Should you have any questions regarding this request, please contact me or Ms. Kelly Russell with the
North Carolina Division of Coastal Management.
Environmental Professionals, Inc.
Attn: George H. Wood, CEP, PWS
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone No.: 252-441-0239
Cell Phone: 252-423-1234
Email: obxwoodAyahoo.com
North Carolina Division of Coastal Management
Attu: Ms. Kelly Russell
1367 U.S. 17 South
Elizabeth City, NC 27909
Telephone No.: 252-264-3901
Email: kelly.russell@ncdenr.gov
If you have no objection to the proposed activity, please mark the appropriate statement below and return to
Environmental Professionals, Inc.
The North Carolina Division of Coastal Management provides 30 days from the date of notification in
which to comment, and failure to respond will be considered as no objection to the project.
1 appreciate your consideration of this matter.
Sincerely, RECEIVED
Enviro ental P4CEPWS
Is, Inc.
��/� JAN 0 6 2014
rge H. Wood,
DCM-MHD CITY
Attachments: a/s
1 have no objection to the project described in this correspondence.
1 have objection to the project described in this correspondence.
SIGNATURE
DATE
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 • 252441-0239
FAX: 252-441-0721 • Ek1AM obxwoWnayahoo.com
***This is a word processing form to be completed in Microsoft Word***
NC Division of Coastal Management
Major Permit Application Computer Sheet
(02115/2010)
Applicant:
Date:
r
Project Site County
Staff: 1
District: Elizabeth City Washington
❑Morehead City ❑Wilmington
Project Name:
_
ver File:
Date application °received as complete" in the Field office (FCC: 1/8/2007): j , (4_i j L21/ Z // 7 // 13 1
SITE DESCRIPTION/PERMIT INFORMATION
PNA: Yes o
Photos Taken: Yes NoU
Setback Required (riparian): Yes PNO
Critical Habitat: LjYes KNo LjNot Sure
15 foot waiver obtained: Yes No
Hazard Notification Returned:
"VYes []No
SAV: Mes MN45 Not Sure
Shell Bottom: E3Yes No Not Sure
Temporary Impacts: ❑Yes ErNo
Sandbags: Yes rTNo Not Sure
Did the land usq classification come from
county LUP: Yes ❑No
Mitigation Required (optional):
joYes ❑No
Moratorium Conditions: E3Yes No
❑NA
Environm
❑Yes (No
ntal Assessment Done:
❑NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
El (LS) Sea lavender (Limonium sp.)
(SS) Glasswort (Salicornia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh oordgrass (Spartina
(SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
(DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlerush (Juncus
(SP) SalUmeadow grass (Spartina
roemedanus)
patens)
APPLICATION FEE
No fee required - $0.00
III(A) Private w/ D&F up to 1 acre; 3490
lic or Comm w/ D&F to 1
IIILcan't
can be applied - $250
e;e applied - $400
Minor Modification to a CAMA Major
Major Modification to a CAMA Major
IVment involving D&F of
permit - $100
250
more $475
❑ Permit Transfer - $100
III(B) P licorcommercialwlD&Fto1
Et - $2000
acre; 3 an be applied - $400
Als-
Major development extension request -
1711. Public or commercial/no dredge
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
(C) Priv. public or comm w /D&F to 1 II
ve;
3490 can be applied; DCM needs
DWQ agreement - $400
He Division of Constaii Mgt. Application Computer Sheet, Page 2 of 3)
t
Applicant: IvJ are- Obbu 11 y
Date: 12/20/2013 jj
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
-�
�{[
New Work
Maint ❑
Replace
❑ Y J N
t I-
11
New Work
Repla
/^
Maint ❑
❑ Y N
C�
lll C
New Work
Replace
Maint ❑
❑ Y ['� N
_
ul� Y05SGfE
New Work
Maint ❑
Replace
❑ Y ON
2 v �8
21_
New Work ❑
Replace
c.c a,3 N
Maint El
[IY ❑ N
New Work ❑
Replace
Maint ❑
❑ Y [IN
New Work ❑
Replace
Maint ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work Ej
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work El
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
- New Work ❑
Replace
,,,, •'
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y [IN
revised 02YI 5110
Jivisiase of Coastal Mgt. Application Coettputer Sheet,
�� I
t dplicant: L. a. V?- L b wl
Date: 12/20/2013
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temo impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp im acts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
h/t+ a
Dredge Fill 11 Both ❑ Other ❑
'U, S
'I
I an 1 by
Dredge ❑ Fill 11 Both ❑ Other ❑40
�
01
Dredge ❑ Fill 14 Both ❑ Other
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
FJAN 0 6 2W
DC.Y-V.'ID CITY
25� t�L';-a.'u J'" .. 7 '?:}v 3xc„ 'a:3"." .✓'.•/.." V i 4.i:'i:' � ;W rarDt`.' .Y'.u'::
(Domecnr .rail Only;
No Insurance
Coverage Provir
a.
For delivery Information
visit our webslle
at www.Uapsrnn
ISE.-
��E
(Rat D":qry ree 11 00ErdoBRFd)
Ln
ra Total Postage s Fees $ $7.17 12/16/2013
O
m am o Edward & Betty Saylor
o 'Sire.et;i6i 10383 Mentzer Gap Drive
o.Foeoxr Waynesboro, PA 17268
cy, stare::
DEC 17 2013
c -
(Via Cgr;(iliell ,R1p�1/)tet_yrn Recgiet Requested)
Environmental Professionals, Inc. has been retained by the County of Dare to represent them to the
North Carolina Division of Coastal Management for the purposes of obtaining a permit to authorize the
construction of the Rodanthe Regional Public Beach Access Oceanfront Park which is adjacent to your
property on the Atlantic Ocean. Copies of the plats depicting the location of the proposed site development
and application are enclosed for your review.
Should you have any questions regarding this request, please contact me or Ms. Kelly Russell with the
North Carolina Division of Coastal Management.
Environmental Professionals, Inc.
Attn: George H. Wood, CEP, PWS
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone No.: 252.441-0239
Cell Phone: 252423-1234
Email: obxwood q,yahoo.com
North Carolina Division of Coastal Management
Attn: Ms. Kelly Russell
1367 U.S. 17 South
Elizabeth City, NC 27909
Telephone No.: 252-264-3901
Email: kelly.russell@ncdenr.gov
If you have no objection to the proposed activity, please mark the appropriate statement below and return to
Environmental Professionals, Inc.
The North Carolina Division of Coastal Management provides 30 days from the date of notification in
which to comment, and failure to respond will be considered as no objection to the project.
I appreciate your consideration of this matter.
Sincerely,
Enviro en�too/d�C
lProfessionals, Inc. RECEIVED
E�, Pws rmVN-!D
AN 0 6 2014
Attachments: a/s
CTTY
1 have no objection to the project described in this correspondence.
I have objection to the project described in this correspondence.
SIGNATURE
DATE
P.O. BOX 3368 • KILL DEVIL HILLS. NORTH CAROLINA 27948 • 252441-0239
FAX: 252.441-0721 • EbIAIL: obxwood@yahoo.com
i I 7 E 17
113
WETLAND DETERMINATION DATA FORM — Atlantic and Guff Coastal Plain Rogion
ProjeWSile: Rodamhe Oaeanfronl Park OnyxmM• Ogre - - - Samplktp lbb: 3.15-13
ApplicaM/O. Dery County State: NC Sampling Point: 5' East a3
Investigalor(s): George H. Wood Section. Township, Range: Rodanate
Lendform (ltieiope, terrace, tde.): Sw14 Loaf nH4f (concave. convex none): Concave Slope ('A): 1
Subregion (LRR or MLRA): Region T 1538 _ Lai: 35.6947 Long:-75.4652 Dan: NM
Soil Map 11rN Name: Dutlslon NWI classigeatim: PEM1011
Am climatic I hydrologic knndith" on the site typical for this V" of year?Yes _� No _] (it no, explain in Remarks.)
Are Vegetation _a, Soy n or Hydrology yI,l significantly disturbed? Are'Normal Cirwmstances' present? Yes ® No ❑
Are Vegetation 0 , -all Q . or Hydrology U rteturely probtemtlic? (If needed, explain any answers in Remarks.)
SIIMMARY OF FINDINGS — Attach Site map showing sampling point locations, tranSeCtS, important features, etC.
Hydrophytic Vegetatxxn Present? Yes Jot No
IIqq II��''11 Is the Sampled Area
Hydric SoY Present? Wetland Yes J�lpgqt No yi wtuun a Wetland? Yes —� No _ 1
Hydrology Present? Yes _LN No _y1
Remarks:
HYDROLOGY
Wand Hydrology Indicators:
indices (minimum ! Isiram
CMck au thal eooN)
Secondary Indicators (minimct+ of two reak.*ed:
ry Surface Soil Cracks (B6)
i—
1mary
L1 Surface Water (At)
❑ Aquatic Fauna (1313)
ElSparl Vegetated Concave Surface (B8)
® High Water Table (AZ)
❑ Man Deposits (B15) (LRR U)
El Drainage Patterns (B18)
Saturation (A3)
❑Hydrogen Sulfide Oder (Cl)
❑Moss Trim Lines (016)
❑ Water Marks (81)
❑ Oxidized Rhizospheres on Living Roots (C3)
❑ DrySeason Water Table (C2)
❑ Sediment Deposits (82)
Presence of Reduced Iron (CI)
❑ Crayfish Burrms (C8)
❑ Drift Deposits (B3)
r❑r-11
L1 Recent Iron Reduction in Titled Soils (C6)
❑ Saturation Visible on Aerial Imagery (CO)
❑ Algal Mat or Crust (84)
❑ Thin Muck Surface (C7)
❑ Geomorphic Position (D2)
❑ Iron Deposits (85)
❑ Other (Explain in Remarks)
❑ Shallow Aqusard (03)
❑ inundation Ynble on Aerial Imagery (87)
❑ FAC-Neutral Test (D5)
Water -Stained Leaves 89
Sphagnurn moss Dfi LRR T. U
Field OWanaUats: 11'-'-f1
Surface Water Present? Yes
IlCqI
No _�tI-�---tLt Depth (inches):
Water Table Present? Yes �llppplfI
Saturation Present? Yes _ypt
No Depth (inches): 4
No Depth (inches): 3
pI II----11
Wetland Hydrology Present? Yes N No 1y
ncludes capinary fringe)
Describe Recorded Data (stream gauge, monitoring wait, aerial photos, prevlous inspections). r available:
Remarks:
RECOWD
JAN 0 6 2014
DCM•MHD CITE'
US Anny Corps of Engineers Atlantic and GO Coastal Plan Region -Ve " 20
VEGETATION (Four Strata) — Use scientific names of plants.
Abwluf• Dominant Indioatof
Tree Stratum (Plot sbe: 1 % Cover Suedes^ Status
3.
4.
5. —rq
8.
T.
8' = Total Cover
50% of total cover: 20% of total cover.
Gedlind5mnrb Sbatum (Pot size: 1
1.
2.
4.
S.
6.
7.
8.
= Total Cover
50% of total cover: 20% of total cover
Herb Slretum (Plot aim: .1 acre 1
1. Juncos roemerlanus 80
2. Sporting Patera 10
:4
gp = Total Cover
So% of total cover._ 20% of total cover:
Woody Vine Stratum MW size: 1
1.
2.
3.
4.
S.
= Total Cover
50% of total cover. 20% of total cover.
Sampling Point S Easti3.
Number of Dominant Species
That Are 081., FACW, or FAC: 1 (A)
Total Number of Dominant
Species Across All Strata:
Percent of Dominant Species
That Are COL. FACW, or FAC: 100 (A16)
Total %cam of.,
Mick try:
xt' 80
species 80
N species 10
x 2 • 20
spades
x 3
.
J species
x4=
species
x5.
Yin Totals: so
(A) 100 (B)
Prevalence Index - nrA - -
.. HydrophyUC vogrutlon Indlcaton:
Q 1 - Rapid Yell for Hydroptlytie Vegetatln
® 2 - Dominance Test b>50%
® 3- Prevalence Index is 53.0'
rl ProblemaW HydrophytlaVegetation' (Explain)
OBL 'Indicators of hyddc sell and Wetland hydrology must be
FACW present, unless disturbed or problemaga
Dofinfoons of Four Vegetation Strata:
Tree - Woody plants, excluding vkw, 3 in. (7.6 on) or
larger In diameter at breast height (DBM. regardless of
height.
Sapling/Shrub- Woody Plano, excluding vines, less
than 3 in. DIM and greater than 326 iL (1m) tall.
Herb -AII herbaceous (nonmoody) plants, regardless
of size, and woody plants few than 3.28 R tall.
Woody vine - All woody vines, greater than 3.28IL in
height.
Hydrophytic
Vegetation G-1
Present? Yes_ No_._0
US Army Coral of Er4neea Atlantic and Gulf Coastal Rain Region -Venbn 2.0
Profile Descripeon: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.)
Depth
Matrix
oc hes)
Color (moist) %
3
10 YR 312
]-10
10 YR Al2
10-18
/0 YR Its
Redox Features
Color (moist) % Type' Loc' Texture
'Type: C-Catoentrabon. D-Depktlon, RMeReduced Matrix, CS.Covered or Coated Sand Grains.
Indicators for Problematic Hydrle Solba:
Remarks
2Locatlom PL-Pore Lining. MMlatibc
East
Hydric Soil indicators:
Histosoi (All
rfa
❑ Polyvakre Below Surface (S8) (LRR S, T. U)
❑ 1 an Muck (A9) (LRR O)
Histic Epipedon (A2)
❑ Thin Dark Surface (S9) (LRR S, T, U)
Q 2 cm Muds (A10) (LRR S)
❑ Black Histic (A3)
01--1 Loamy Murky Mineral (Ft) (LRR O)
❑ Reduced Venic (F18) (out -Ida MLRA 160A8)
® Hydrogen Sulfide (A4)
LL Loamy Glayed Matrix (F2)
❑ Piedmont Floodplaln Soils (F19) (LRR P, S, T)
❑ StrstlBed Layers (AS)
❑ Depleted Matrix (173)
❑ Anomalous Bright Loamy Soils (F20) (MLRA 1638)
0t--i Organic Bodies (AB) (LRR P. T. U)
❑ Redox Dark Surface (Fill
❑ Red Parent Material (TF2)
L1 5 om Murry mir a xi (AT) (LRR P. T, U)
❑ Depleted Dark Surface (F7)
❑ Very Shallow Dark Surface (TF12)
Muck Presence (AS) (LRR U)
EI']'I Redox Depressions (F8)
❑ Other (Explain in Remarks)
�7
L1 1 om Muck (Ag) (LRR P, T)
Marl (F 10) (LRR U)
r1 rlepeted Below Dark Surface (At 1)
11__t
Q Depleted Dchric (F 11) (MLRA 151)
hkk Dark Surface (Al2)
❑ kon-Manganese Masses (F12) (LRR O, P, T)
'Indica(ors of hydrophytic vegetation and setlsnd hydrology
dishebed or
1-1 F13 LRR P T U)
must be present, unlo&3 probbrna^c.
;oast Praise Redox (At6) (MLRA 160A) Llmbdc Su ce ( ) 1
Sandy Mucky Mineral (Si) (LRR O, S) ❑ Delta Ochric (W) (MLRA 151)
Sandy Glayed Matrix (Se)
❑ Reduced Veft (F 18) (MLRA 160A. 160B)
Sandy Radek (S5)
❑ Piedmont Fioodplain Soils (F19) (MLRA 149A)
f❑1n-
L1 Stripped Matrix (S6)
❑ Anomalous Bright Loamy Soils (1720) (MLRA 149A, 153C, 163D)
n Dark Surface (S71(LRR P. S. T. U)
-- _
Type:
Soll Present?
e`r'bGl,81J
JAN 0 6 2014
D('M-mn Crf V
Yea _ M No —t_L
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0
rj
WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
pro)ecrwe. F.Wanthe Oceanfront Pane
Cky/County: Dare Sampg%Date:3.1&13
State: NC Sampplq Point 5' West I>3
ApplicaMlOxmer: Daro
Investigalor(sr. C�^e+e H Wood Section, Towtlship, Range: RodarlMe
LenMorm (NBalope. terrace, etc.): Terrace Local reset (concave, convex, none): Convex Slope
um: 1
Subregion (LRR a MLRA): Region T 1638
Let: 35.5947 Long; •76.4652 Datum: t4VN
NWI clastirtudan: Nana
son Map Urdt Name: Carona
Are climatic / hydrologic conditions an the site typical for this time of year? Yes —allo __a (U no, explain In Remarks.)
Are Vegetation . Sod 0 , or Hydrology 0 significantly dWuibed7 Are "Normal Circumstances' praWnrr Yes ® No ❑
Are Vegelenon , Son ❑ . or Hydrology 0 naturally sw
problematic? (If needed, explain any answers In Remarks.)
te_ r ... ak^. Inn, eamnllnn point locations, transacts, Important features, etc.
sUMMART OF PNYuinvA —W.... onv ..-�..--7y. ....—....,.Iyo�. l__._-r-- 1 ... -
HydmW^ VegetMW present? Yes _11 No —�i is the sampled Area
Hydric Sod Present?. Welland you _� No _� withina Wetland? Yes F1 No _® -
Hydrolon, Present? Yes No
Remarks:
nyutcJLOGY
617110111111111
Welland Hydrology Indicators:
all that eophr)
Secondary Indicators of Nro reaei(ed)
❑ Surface Son V,oVN (B6)
primary Indicators ImIrAm of on Is re.,d.M.
Surface Water (At)
check _ _
❑ Aquatic: Fauna (B13)
❑ Sparsely Vegetated Concave Surface (B6)
.❑ High WalerTattlo (A2)
❑ Mad Deposhs (015) (LRR U)
❑ Drainage Pattems (B10)
❑ Moss Trim Lines (B16)
❑ Saturation (A3)
❑ Water Marks (61)
❑ Hydrogen Sulfide Odor (C1)
❑ Oxidized Rhizostheres on Living Roots (C3)
❑ DrySeason Water TabkI(C2)
❑ Sediment Deposits (B2)
❑ Presence of Reduced Iron (C4)
❑ Recent Iron Reduction in Tilted S0113 (CO)
❑ Crayfish Burrows cca)
❑ Saturation Visible on Aerial Magary (C9)
❑ Drill Deposits (B3)
Algal Mal or Crust (54)
❑ Thin Muds Surface (C7)
❑ Geomorphic Position (D2)
❑ iron Oeposim (B5)
❑ Other (Explain in Remarks)
❑ Shallow Aquilard (D3)
❑ FAGNeulwl Test (US)
❑ Inundation Visible on Aerial Imagery (87)
..
S hmum moss De (LRR T. U
WaterStaired Leaves B9
Fifid ObsuvatlWu:
Surface Water Resent? Yes
pI
No Depth (Iad)es):
r--1
Water Table Present? Yes _n
Yes
No Depth Onch0s): nn ttqq
No Depth (inches): Wetland Hydrology Present? Yes _L1 No �t
Saturation Pmswd7
ea
DesvOe Recorded Date (akeam gauge, monitoring well, aerial photos, previous Inspections), If available:
Remarks:
..
US Army Corps or Engineers Atlantic and Guff Coastal Plain Region -Version 2.0
:GETATION (Four Strata) - Use scientific names of plants.
Absolute DOppleen��xraf�'rt
Tree Slmlum (plot size: 1 %Cover
1.
3.
4. ❑
S. -- -"-t-f
6.
7. LJ-
6' = Tot -al Cover
50% of total cover. 20% of total (over__
(Plot size: AA= 1 30
1, Juniperus virgulana (�
2. --�
3.
4.
5.
6.
7.
8.
30 =Total Cover
50% of total cover: 20% of total cover.
Herb Stratum (Plot sae: 1 acre I
Iva fnnescens 10
;partina patens 5
4.
5. ❑
6.
7.
6.
10.
1.
12.
15 :Total Cover
50% of total cover: 20% of total cover:
WOON Vier Stratum (Plot size: )
1. �n
2.
3.
.
5
5.
= Total Cover
So% of total cover: 20% of total cover
Indicator
Sampling Point 5' West 03
Number of Dominant Species
That Are OR, FACW, or FAC: 1 (A)
Total Number of Dominant
Species Across AN Strata: 2 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: _52. (A/B)
Prevalence Index worksheat
BL species x 1 '
FACW species 15 x 2' 30
FAC species x 3 -
FACU FACU species 30 x 4' 120
UPL spades X5.
Column Totals: 45 (A) 150 (B)
a
1 - Rapid Test for Hydrophytic Vegetation
O2 - Dominance Test is>50%
3 - Prevalence Index is %3.0'
Q Problematic Hydrophytic Vegetation' (F)Ialn)
FACW 'Indicators of hydric soli and watland hydrology must be
FACW present, unless disturbed or problematic.
DeflnlUons of Four Vegetation Strata:
Tree - Woody plants, excluding vines. 3 in. (7.6 cm) or
larger in diameter at breast height (DSH), regardless of
height.
SaplinglShrub - Woody plants. excluding vines. less
than 3 in. DBH and greater than 3.26 R (1m) tag.
Herb - All herbaceous (non -woody) plants, regardless
of sae, and woody plants less than 3.28 R tail.
Woody vine - All woody vines, greater than 3.28 ft. in
height.
Hydrophytic
Vegetation ��--11 IIppII
Present? Yes L1 No _z
JAN 0 6 20m
TI M-MIiT) C]TV
US Army Corps of Engineers Atlantic and Gulf Coastal Plait Region -Version 2.0
Sam p Point WWestf3.
SOIL
Profile Dosedpd= (Describe to Use depth needed to document the Ind icator or confirm the absence of Indicators)
Depth Matrix
(Inches) Color () %
Redox Features
Color (molst) % . Types Loer
Texture Remarks
3 .10 YR 4/2
- —
3.1E 10 YR AN
'Type: (,.Conoenbetbn, o=Depblirn, RM�Raduced Mstdx, CS�Covered or Ceeled Sand Grains. 'Location: PL�Pore limp, M=t.latrsc
Indicators for Problematic Hydrle "ass:
Hyddc Son Indicators:
❑ Hislosol (Al)
❑ Polyvalue Below Surface (S8) (LRR S. T, U)
Qr--t 1 cm Muds (AS) (LRR 0)
❑ leaW Eplpedon (A2)
❑ Thin Dark Surface (59) (LRR S. T. U)
❑ Loamy Mucky Mineral (Ft) (LRR O)
0 2 = Muds (A10) (LRR 3)
❑ Reduced Vedic (F18) (outside MLRA 1W&B)
❑ Black KWk (A3)
❑ Hydrogen sud de (A4)
❑ Loamy Gleyed Matrix (F2)
❑ Piedmont Floodplaln Soils (F19) (LRR P. S. T)
❑ SusfMed (AS)(A6)
❑ Depleted Matrix (F3)
Q Anomalous WQht Loamy Sops (F20) (MLRA 153B)
IN (LRR P, T. Lq
❑ Organs Bodbs
T. U)
Q Redox Dark Surface (F6)
[3 Depleted Dark Surface (FT)
Q Red Parent Material (TF2)
V Shallow Dark Surface (TF72)
Qshallow.
❑ a on Mucky Mineral (AT) (LRR P.
❑ Muck Presence (AB) OM U)
❑ Redox Depressions, (FB)
(Explaln In Remarks)❑ -
Other
❑ 1 cm Muck (A9) (LRR P. T)
O Mad (F10) (LRR U)
(� Depleted Below Dark Surface (At 1)
❑ Thick Dark Surface (Al2)
❑ Depleted Ochrk (F11) (MLRA 151)
Q Iron.Manganese Masses (F12) (LRR O. P. T)
_
rindtratoka of hydropMbc k'e9station and wetland Mdrol*9y
must be present. unless disturbed or problematic.
Coast Preib Redox(At6) lMl-RA 160A) Q Umbde Surface (F73) (LRR P. T. U)
❑ Sandy Mucky Worst (St) (LRR O, S)
❑ Data Ochrio (Fill (MLRA 1611,
❑ Sandy Gieyed Matrix (S4)
Q Redd Vertu (F18) (MLRA 150A. 15013)
,
❑ Sandy Redox (55)
Q Piedmont Floociplaln Soils (F19) (MLRA 149A) _
❑ Stripped Matrix (S6)
Q Anomalous Bright Loamy Soils (F20) (MLRA 149A. 153C, 1630)
Dark Surface P. S, T U111
Restddlve LM►(If observed).
-
Type:
-
Hydrfe Soil I Present? yes _ No _®
DaPb (ems):
Remadcs:
Atlantic and Guff Coastal Plain Region -Version 2.0
iisa.....,r... MFML,..,.
Rodanthe Oceanfront Park
Dare County, North Carolina
A ica : County of Dare
Attn: Mr. Bobby Outten
P.O. Box 1000
Manteo, NC 27954
Telephone: 252475-5811
Email Address: outten@darenc.com
Property: 23731 NC 12 Highway
Rodanthe, Dare County, North Carolina
Dare County Pin No.: 065805097915
Soils: Corolla and Duckston
Coordinates: 35.5947
-75.4652
Fla¢eine By: George H. Wood PWS
Environmental Professionals, Inc.
Shown to the Corps:
�CERrEp
JAN 0 6 2014
DmMmary
1
/
I
I
1
a
7•
a..Y.�aw.
I
e.........'
7
8: 1790 Pi 119 Doe Id: 6252792
Doc Code
W1 NCExelii iit4: 09 7, 09-0968
Barbara N. Cray, Register of Dttde Dart CO, NGC
�IidiQi9r}i�P�f�:Ef a 3: �Ia+
Mail after recording to: Starkey Sharp
This instrument was prepared by
W. Jay Wheless
Attorney at Law NO,
P. O. Box 500
Manteo, NC 27954 /
pfepaw makes no representation as to the quality or quantity of title. I\
Parcel No. 012545-M
THIS CORRECTION DEED OFGIFT made this
GRANTOR
Bette Gray and husband,
Rudolph H. Gray
Trisha Midgett (also krla
Midgett) and husban
Timothy W. Midp
0 v\
Patrl a
GIFT
2009 by and between
RECEIVED
JAN 0 6 2014
DCM-MO CITY
GRANTEE
County of Dare, a Body Politic
A 71.42858% interest
P.O. Box 1000
Manteo, NC 27954
Whereas Grairi�e negotiated the purchase / sale / gift of these lands over many
months in 2008;
Whereas as a is intention during those negotiations that the property, if conveyed, be
preserved or co rued in ys to include providing the public with access to the Atlantic seashore and
for preserving th pe tself in that it is located within a historic district and once was the site of a
:as Grantee's intention to provide the public with access to the Atlantic seashore over
and toprieserve or otherwise conserve the property for the benefit of the public; and
Grantor's gift deed to Grantee dated November 24, 2008, did not recite the purposes of
nservation as set forth above; and
:as Grantor wishes to make clear that such purposes were intended and that obtaining the
and preservation goals was the impetus behind Grantor's gift of a portion of the title.
1Ilffr+ llf ih'I+ tiDi4�L'9 lf4h�MW?,mff'W1+MIA wIII
WITNESSETH, that the Grantor has and by these presents does grant, give and convey unto the
grantee a 71.42858% interest in fee simple, all that certain lot or parcel of land situated in and more
particularly described as follows: See Exhibit "A"
The property hereinabove described was acquired by Grantor by instrument recorded in
138, Dare County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land a dr`:a
appurtenances thereto belonging to the Grantee in fee simple. �I
And the Grantor covenants with the Grantee that Grantor is seized of the pr ' es in i
right to convey the same in fee simple, that the title is marketable and free an c of
and that Grantor will warrant and defend the 'titia against the lawful c p�
except for the exceptions hereinafter stated.
Tide to the property hereinabove described is subject to
IN WITNESS WHEREOF the Grantors have
first above written.
Bette Gray
STATE OF
1, a Notary Public of the aforesaid State
Grantors, personalty appeared before me thi:
Witness my hand and seal, this "C �&C ofJanu)q, 2009.
: 1553, page
eges and
np s the
cumbrances,
whomsoever
set theft Elands and seals the day and year
r certify that Bette Gray and husband, Rudolph H. Gray,
the execution of the foregoing document.
OFFICIAL SEAL V cry Public
c e is a xed or im rintQd hereon. Dwo cowsy.
issr pires� 31 / / 4 If°N of Nortfor C May 3
�� (( ^� 1MV Canmlabn ixprM May tll.
STATE OF ly 0 O COUNTY OF.11am
1, a Notary Public
husband, Ti�y'
foregoing
and County, do hereby certify that Trisha Midgett (also known as Patricia Midgett) and
•a, personally appeared before me this day and acknowledged the execution of the
this the ai day of January, 20094.
(Legible siebre of Nolary e) JtiNN11R L MOOIEO
My official seal is affixed or i prin ed hareon. " �
My commission expires 31 ! 0 litah of "M6 COMW4
My CommlWon fxplra May 31, 2010
6252792 0: 1790 P: 119 Pogo 3 of 3 1/30/00 11:34 M1
lip WK6 INWHCMW4NiMINWA I II 1101
Exhibit A
All that certain lot or parcel of land lying in Rodanthe, Dare County, North Carolina, adjoining NC 12.
the County of Darc. the waters of the Atlantic Occan. JavAnia O'Neal. Bette Gray et al. Jonna and
Robert Midgett, and Lots I and 2. Joseph M. Midgett Subdivision, and more particularly bed as
billows:
Those lands designated and being "Eastern Portion" shown on that plat or map enti 13af1dti y
Survey. Rudolph H. Gray, Bette R. Gray, Timothy W. Midgett & Patricia M. M' dal • h 19.
2004. and prepared by Katherine C. Marchello. PI.S, ofQuiblc & Associates orded ' Plat
Cabinet F1. Slide 190. Dare Registry.
RECEWED
AN 0 6 2014
DCM•MRD CITY
W
t.
y I/
e2sz79Z B:: ,1779EV1:SNS�Y1tiPage
3Il1lq.f 33 2/�300//f02 �t11:34 AM
AlliYtlt1Y711�fY'dRfYll�ll'IR'YIt;YilidM1liYilRltim'Y,�
Exhibit A
All that certain lot or parcel of land lying in Rodanthe, Dare County. North Carolina, adjoining NCI 2.
the County of Dare. the waters of the Atlantic Ocean, Ja%ania O'Neal, Bette Cray et aL Lonna and
Robert Midgett. and Lots I and 2, Joseph M. Midgett Subdivision, and more particularly�escribed as
follows: \ \
Those lands designated and being "Eastern Portion" shown on that plat or map enti
Survey, Rudolph H. Cray, Bette R. Cray, Timothy W. Midgett & Patricia M. M' dat It19•
2004. and prepared by Katherine C. Marchello. PI.S, ofQuiblc & Associates. 1 Icorded ' Plat
Cabinet pl. Slide 190, Dare Registry. \l\
Russell, Kelly
From: George Wood [obxwood@yahoo.com]
Sent: Friday, December 27, 2013 8:56 AM
To: Russell, Kelly; Carver, Yvonne
Sut+ject: Fw: Rodanthe Recreational area
Kelly
Here is your answer to the question regarding the covered picnic areas.
On Monday, December 23, 2013 10:04 AM, David Deel <dadeelengna omail.com> wrote:
George;
The decision has been made that those picnic tables will not have any kind of permanent affixed
shade structure: so these are essentially picnic tables with a hole for an umbrella (if someone brings
their own).
Thanks,
Andy
On Fri, Dec 20, 2013 at 1:12 PM, George Wood <obxwood@vahoo.com> wrote:
The CAMA rep called yesterday and asked if there was more detail regarding the shaded picnic table
structures. Chris, can you provide a written description of what that shade structure would be?
RECEIVED
JAN 0 6 2014
r r ytrA
Pat McCrory
Governor
MEMORANDUM:
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Thomas A. Reeder
Director
January 10, 2014
To: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City, NC 28557
From: David Tuten, Environmental Engineer, PWSS/WaRO
Subject: CAMA Permit Application Review
Applicant: County of Dare
Project Location: 23731 NC HWY 12 in Rodanthe, Dare Co.
Proposed Project: Regional public beach access & recreation area
REPLY:
Comments:
John E. Skvarla, III
Secretary
RECEIVER
JAN 16 2014
DCMMADCITP
This office has no objection to the project as proposed.
X This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED
FV
Public Water Supply Section —Jessica C. Godreau, P.E., BCEE, Chief
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
Phone, 252-946-6481 \ FAX: 252-948-0040 \Internet: www.ncwatecorg/pws/
An Equal Opportunity 1 Affirmative Action Employer
DATE OI roI �O 1H
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dare County
2. LOCATION OF PROJECT SITE: 23731 NC Hwy 12 Rodanthe, Dare County on
Atlantic Ocean
Photo Index — 2006: 174-7845 (Q,16) 2000: 174-2055 (1,9)
1998: 38-985(P,17)
State Plane Coordinates - X: 3050760 Y: 690041 RECEMD
3. INVESTIGATION TYPE: CAMA
JAN 16 2014
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Dec. 17, 2013
Was Applicant Present - no AC54,DS p
5. PROCESSING PROCEDURE: Application Received Complete — Dec. 17, 2013
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP - conservation
(B) AEC(s) Involved: Ocean Erodible Area of Environmental Concern (AEC)
(C) Water Dependent: no
(D) Intended Use: public
(E) Wastewater Treatment: Existing - none
Planned - individual septic system
(F) Type of Structures: Existing - none
Planned - picnic pavilion/restroom/equipment
building, driveway and parking areas, dune
crossover, 2 gazebos, stormwater retention areas
(G) Estimated Annual Rate of Erosion: 9.5 ft/yr
Source — DCM erosion rate maps
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
18,015 sq ft
(C) Highground
119, 068 sq ft
(D) Total Area Disturbed: 137,083 sq ft (3.147 acres)
(E) Primary Nursery Area: no
(F) Water Classification: SB Open: no
Field Investigation Report
Page 2
8. PROJECT SUMMARY: The applicant proposes to construct a picnic
pavilion/restroom/equipment building, two parking areas connected by a gravel
driveway, dune crossover including two gazebos, sand volleyball court and horseshoe
pits and outdoor shower station.
Proiect Setting
The project site is located in the Village of Rodanthe at 23731 NC Hwy 12 on the Atlantic
Ocean
in Dare County. The proposed project site is 255,786 sq ft (5.8 acres) and is currently
undeveloped. The property extends from the Atlantic Ocean west 1,431 ft to NC 12. The site
has 186 ft of oceanfront shoreline. The site is vegetated with live oaks, upland grasses, bay
and wax myrtles in the approx. 500 ft adjacent to NC 12 and then transitions to wetlands that
have been delineated as 404 wetlands. The wetland area is dominated by Juncus
roemerianus, and also has Spartina patens, Caladiumjamaicense, Limonium spp., and Scirpus
spp. Although many coastal wetland species are present, this area is not subject to regular or
irregular flooding and has not been claimed as a coastal wetland under the jurisdiction of the
Division of Coastal Management. An approximately 8 ft. wide ditch bisects the 404
wetland area in a north to south alignment. The remainder of the site transitions from the
wetland area to sandy uplands vegetated with upland grasses, bay and wax myrtle, and then
into a low lying frontal dune system with sea oats and American Bean Grass. The Ocean
Hazard AEC line has been established and is located in the 404 wetland area approximately
center way of the site. The first line of natural stable vegetation was staked and verified by
myself on 4/ 02/ 2013.
The project site is bordered on the north side by developed single family residences and on the
south side by a campground. The wetland area described above extends south through the
campground property. At some point in the past, the campground site placed a culvert in the
ditch across the property and filled the wetland to create uplands from NC 12 to the ocean
effectively cutting off surface water flow to the subject property.
The Atlantic Ocean is classified as SB by the Environmental Management Commission and is
not open to shell fishing. The site is 3-7 ft above normal water level (NWL).
Development Proposal
The applicant proposes to construct a regional public beach access and recreation area to .
serve the public on Hatteras Island. The proposed public beach access area would consist of
two parking areas,. picnic pavilion, equipment building with restrooms, playground area with
volleyball courts and horseshoe pits and two gazebos. The proposed construction would also
consist of three stormwater retention areas and a septic system. The parking area adjacent to
NC Hwy 12 would be constructed of gravel and approximately 110 ft by 250 ft allowing 75
parking spaces. Adjacent to the parking area would be an 84 ft by 24 ft equipment storage
building with public restrooms and picnic pavilion. Directly behind the building would be the
proposed playground area. The proposed development also includes a 20 ft by approximately
650 ft driveway that would connect the western and eastern development areas. The
construction of this driveway would involve the filling of 18,015 sq. ft. of wetlands. A 24 inch
drainage culvert would be placed below the road bed to maintain the drainage along the
existing 10,ft wide ditch. The driveway would connect to the second gravel parking area
consisting of 22 parking spaces and would measure approximately 60 ft by 125 ft.
Field Investigation Report
Page 3
In this easternloceanside recreational area there would be two sand volleyball courts, two sand
horseshoe pits, a 6 ft wide by 160 ft long wooden beach accessway that would have two
covered gazebos and a shower station.
Anticipated Impacts
The project as proposed will result in the filling of 18,015 sq ft of 404 wetlands for the
construction of a driveway, the filling of 119,068 sq ft of uplands for the construction of the
parking areas and buildings. Also, 10,900 sq ft of this upland fill would be located within the
Ocean Erodible AEC.
Submitted by: Kelly Russell
Date: Dec. 30, 2013
RECEIVED
JAN 16 2014
ACM-MRDCrrY
r
Project Narrative
Rodanthe Beach Access & Oceanfront Park
Dare County, North Carolina
Public beach access on Hatteras Island is woefully lacking and to respond to this need, Dare County
purchased the +/- 5.87 acre tract in Rodanthe at 23731 NC 12 Highway. This tract is strategically located
in an area of Hatteras Island with much less public access than further south. This tract was previously
owned by Lightkeeper Estates and was permitted to allow a fill road to be installed in wetlands to access
the oceanfront for the construction of two single-family residences and appurtenances (CAMA Major
Development Permit #135-06 and USACE Action ID # SAW-200640200-128).
The current plan is to develop the tract for regional public beach access and recreation, supporting 75
gravel parking spaces, access drive aisles, picnic pavilion, equipment building, public restrooms, and
playground area on the western extent of the site.
A 20-foot wide gravel drive will traverse the wetland area (Section 404 wetlands) with a 24-inch drainage
pipe to allow the drainage swale BMP which parallels the south side of the drive to drain into the wetland
area to the north. The encroachments from the southern property will be addressed upon receipt of
authorization for improvements.
This drive aisle will connect the western improvements to the oceanfront which will support 22 gravel
parking spaces, two beach volleyball courts, two gazeboes, two horseshoe pits, shower station (outdoor),
and 6-foot wide walkway.
D &' 17 2013 RECEIVED
1 JAiN 16 2014
DCM-MM Crf y
son MF1
APPLICATION for
t
RECEIVED
DEC 17 2013 .�
Major Development Permit COASTAL q^AINAGEMENT
ELI-ACETH r1P'
(last revised 12i27/06)
U i
North Carolina-MVISK)N OF -COASTAL MANAGEMENT
.. --,_ _
lZkl:E1VBD y
1. Primary Applicant/ LandownerInformation
Business Name
Project Name (if applicable) 1
County Of Dare
Rodanthe Regional Public Bea
Access & Oceanfaont Park
Applicant 1: First Name
MI
Last Name
• m. CITY
Tim
White
Applicant 2: First Name
MI
Last Name
ff additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
1000
Mantso
NC
ZIP
Country
Phone No.
i FAX No.
27954
USA
252 - 475 - 9270 ext.
Street Address (f different from above)
City
State
ZIP
Email
bmw@darenc.com
2. Agent/Contractor Information
Business Name
Environmental Professionals, Inc.
Agent/ Contractor 1: First Name
i MI
Last Name
George
H.
Wood
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
3368
Kill Devil Hills
NC
ZIP
Phone No. 1
Phone
No. 2
27948
i
252 - 441 - 0239 ext. 105
252 - 423 -1234 ext.
FAX No.
Contractor #
252 441 0721
�.
—
Street Address (ifdifferentfrom above)
ry—
I State
I
ZIP
1404 S. Virginia Dare Trail _
Kill Devil Hills
NC
27948 -
Email
obxwood@yahoo.com
<Form continues on back>
252.608-2U(i'S :: 1-6 bt-c .;W-. .:-ccoastat nanayenIant. rust
I
Form DCM MP-1 (Page 2 of 4)17
I
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address - -
State Rd. #
Dare
23731 - ' " J
NC 12 Hwy
Subdivision Name
city'^"""'""""" ""
state
zip
None
Rodanthe
NC
27968 -
Phone No.
Lot No.(s) (rfmany, attach additional page with list)
252 - 475 - 9270 ext.
N/A, I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Atlantic Ocean
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade []Unknown
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
Dare County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
186.66
255,786
c.
Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
3-T ®NHW or ❑NWL
e.
Vegetation on tract
Juncus roemerianus, Spartina patens (wetland areas), Juniperus virginiana, Iva frutescens, Ammophila
RECEM
f.
Man-made features and uses now on tract
None JAN 10 ZO
g.
Identify and describe the existing land uses adjacent to fhe proposed project site.
Water plant to the north
Trailer park to the south
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
S-1 Special District
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes SNo ❑NA
National Register listed or eligible property?
<Form continues on next page>
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
ri
m. (i) Are there wetlands on the site? ®Yes ❑No
(10 Are there coastal wetlands on the site? ❑Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No
(Attach documentation, if available) ._.._ ..
n. Describe existing wastewater treatment facilities.
None
i r
17
o. Describe existing drinking water supply source. -J i
None -- - — — —
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?
❑Commercial ®Public/Government
❑Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Beach access, parking, and playground
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Bulldozer, paving equipment, hand tools stored on west side of the property.
d. List all development activities you propose.
Parking, picnic pavillions, shower stations, access roadway, handicapped parking,
equipment building, horseshoe pits,
volleyball courts, dune crossover, gazebo
e. Are the proposed activities maintenance of an existing project, new work, or both?
New
f. What is the approximate total disturbed land area resulting from the proposed project?
137,083 ®Sq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area
DYes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None
I. Will wastewater or stonnwater be discharged into a wetland?
®Yes ❑No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
®Yes ❑No ❑NA
j. Is there any mitigation proposed?
®Yes []No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
RECMW
JAN 16 2014
DMMI'll) CITY
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
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 Dr000sed.
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 (ripadan) 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 Jazania Herbert O'Neal Family Ltd. Partnership Phone No.
Address P.O. Box 40 - Rodanthe, NC 27968
Name Edward & Betty Saylor Phone No.
Address 10383 Mentzer Gap Drive -Waynesboro, PA 17268
Name Phone No.
Address
g.
A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA Major Development Permit #135-06 USACE Action ID #SAW-20D6-40200-128
Lightkeeper Estates - Issued on August 7, 2007 Lightkeeper Estates - Issued on August 7, 2007
I
h.
Signed consultant or agent authorization forth, if applicable. j
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.
17. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the 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 applicationand follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge."
Date 12-16-13 Print Name George H. Wood
Signature �^ t 17
i
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development 11111 RECEIVED a
❑DCM MP-4 Structures Information
AN 16 2014
1J1
4 #'
DCM-MIf!) CITY
RECEIVED
Form DCM MP-2 I
EXCAVATION and FILL' DEC >> Zo13
tcept for bridges and culverts)
COASTAL MANAGEMENT f
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1.. Belsure tn rnM^'' a Joint
Application that relate to this proposed project. Please indude all supplemental dinformation,
Describe below the purpose of proposed excavation and/or fill activities. All values should be gtven:iFl %ems _`"
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL)
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
f. EXCAVATION ®This section not applicable
a. Amount of material to be
cubic yards.
c. (1) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
[]CW ❑SAV ❑SB
OWL []None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(it) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any 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
❑WL []None
(ii) Describe the purpose of disposal in these areas:
b. Type of material to be
d. High -ground excavation in cubic yards.
®This section not applicable
of disposal area.
d. (1) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) If yes, where?
f. (1) Does the disposal include any area in the water?
[]Yes []No ❑NA
(ill If yes, how much water area is affected?
RECEWW
JAN 16 2014
uc;sl,,v��G
Fch&§us -mncaivaS: cn avid Foii; 2 c'42
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 — Structures)
Tvae of shoreline stabilization: b. Length:
[]Bulkhead ❑Riprap ❑Breakwater/Sill 00ther: _ Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Riprap
Breakwater/Sill— Other_
I. Source of fill material.
f. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes ❑No ❑NA
(if) If yes, state amount of erosion and source of erosion amount
Information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the she? ®Yes []No ❑ NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water 0
(III) Dimensions of fill area _
(iv) Purpose of fill
suun.rnyeu
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV ❑SB _
OWL 18,015 ❑None
(ii) Describe the purpose of the fill in these areas:
access drive
5. GENERAL
a. How will excavated or fill material be kept on she and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Silt fence barrier Bulldozer, dump trucks, paving machines
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
[]Yes []No . ®NA' . - site? []Yes ❑No ®NA
(ii) If yes, explain whitTVpe and how they will be implemented (ii) If yes, explain steps that will be taken to avoid or minimize
r-
._-._........ _. __.___.,_._I environmental impacts.
r r..
December 16, 2013 }IJEF,---I—lI 'George H. Wood, Agent for
Date ,__-,�_ _ — ._ ____� I Applican ame
Rodanthe Regional Public Beach'Xcoess & Oceanfront Park
Appl' ntSignature
act Name
DCM-MFm rrry
Form DCM MP-3
DEC 1 7 2013
PLAND DEVELOPMENT
"ITConstruction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. 5e 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
b.
Number of lots or parcels.
proposed.
None
1 building (restrooms, equipment room)
c.
Density (give the number of residential units and the units per
d.
Size of area to be graded, f:lle' )r distu, ted including roads,
acre).
ditches, etc.
-0-
137,083 square feet
e.
If the proposed project will disturb more than one acre of land, the
f.
List the materials (such as marl, paver stone, asphalt, or concrete)
Division of Land Resources must receive an erosion and
to be used for impervious surfaces.
sedimentation control plan at least 30 days before land -disturbing
Gravel
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, list the date submitted: To be submitted after Section
401 approval
g.
Give the percentage of the tract within the coastal shoreline AEC to
h.
Projects that require a CAMA Major Development Permit may also
be covered by impervious and/or built -upon surfaces, such as
require a Stormwater Certification.
pavement, building, rooftops, or to be used for vehicular driveways
(i) Has a site development plan been submitted to the Division of
or parking.
Water Quality for review?
20.57%
®Yes []No ❑NA
i.
Give the percentage of the entire tract to be covered by impervious
(ii) If yes, list the date submitted: _9-18-13
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
25.05%
j.
Describe proposed method of sewage disposal.
k.
Have the facilities described in Item (i) received state or local
On -site wastewater
approval?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
I.
Describe location and type of proposed discharges to waters of the
m.
Does the proposed project include an innovative stormwater
stale (e.g., surface runoff, sanitary wastewater, industrial
design?
commercial effluent, "wash down' and residential discharges).
[]Yes ®No ❑NA
None
If yes, attach appropriate documentation.
RECENfiD
tAN 16 7n14
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
County system
o. When was the lot(s) platted and recorded?
December 16, 2013
Date m
Rodanthe Regional Public Beach Access & Oceanfront Park
Project Name
George H. Wood, Agent for
Applicant me
Apipficlafit Signature
n. (!)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
RECEIVED
JAN 16 2014
DCMMHDMY
2�2•&C:5 : _;t", �,',: ' .. :r_,.:. i :... sc=�. -:yeti, i2: EivlfiiG
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory. Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 3, 2014
MEMORANDUM
TO:
FROM:
SUBJECT
Applicant:
Anthony Scarbraugh, Environmental Senior Specialist
Division of Water Resources; Water Quality Programs - WaRO
Doug Huggett
Major Permits Processing Coordinator
CAMA Permit Application Review 1 _�•'," 4
County of Dare'
Xi ` 6 2014
Project Location: 23731 NC Hwy 12 in Rodanthe, Dare Co. .at-1 r,i (, rY •� ��
Proposed Project: Regional public beach access & recreation area V4 ''•<,'
Please indicate below your agency's position.or viewpoint on the proposed project and return this
form by 01/24/14 to 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-33304.
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: X This agency has no objection to the project as proposed.
7 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.
SIGNED �l ,/�10 DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723; Internet: vmv.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
A A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 3, 2014
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Patti Fowler, Shellfish Sanitation
DIVISION OF MARINE FISHERIES
Doug Huggett
Major Permits Processing Coordinator
CAMA Permit Application Review
County of Dare
Project Location: 23731 NC Hwy 12 in Rodanthe, Dare Co.
i
JA)v 20
sp San 14 m
water ted°,o F
all: Y` "real j Secr�on �0nal
Proposed Project: Regional public beach access & recreation area
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/24/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
XThis office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED lAAJ, �' Rtt. R"t°r
DATE 1/10/14
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-2643723; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
r,
North C rolm ;tDepartment,of Environment..and-Natural Rem
"It of Coastal`Management
Pat McCrory' Braxton C. Davis
.Governor Director
Jrutuary 3. 2014
ME,MORANUUA,
TO: Renee Gledhill -Early
NC Department of Cuiruer d'Resourccs
t�ia,l t,k
FRONT: Dpu Huggelt• 1 1
INIajor Eertnits P.rocessing.Goordinator•
SUBJECT: LAMA Permit Application Reyiew.
Applicant: Count)' of Dare
Project Location: 23731 NC hlwy 12'in Rodnntiie, Uarctco.,S IVP'
Proposed Project: Regional public beach,nccess,&: recreation area
D 2 t if
I L�
JAN 0 6 2014
John E. Skva(la, III
Secretary
3 as
Please indicate below your agency'sposi 1 n or, vtewpoint on.the proposed.iiroiuct and return,this
fonuimm
,by 01/24/14 to 400 Corerce Avcnuc M.1i'ehead City NC'28557 fax: 252-247-3330'..
If you have any questions.regnrdmg the proposed protect; please contact Kelly Russell, at (2- )
264-390L When appropriate, in-depth.commeuts,wrtir supporting "data are regtiested.
REPLY: This office,bas no objection to the-project.as,,proposed.,
This office bas,no;conuneiifon the pPoposed.project:
This office approves of the' project only if the recommended clianges.are
incorporated. See attached'.
This office objects to the •project for .reasons.clescribed•" in'.tiie attached
coitunents. ,
SIGNED , r
4'.�s� �iXJI. ` 'DATE
1397 US 17 Scmlh, Elizabeth City, Me 27909
Phone: 252-264-39011 EFX: 252-264-3723; lnternet:av nv ncxoasta nanageme t.net
An Equal,Opportunity 1 Affirmative Action Employer
TAN -4,1; 204
01/13/2014 09:21 2523314739 NCDOT PAGE 01/01
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvaria, III
Governor Director Secretary
January 3, 2014
MEMORANDUM
TO:
FROM:
SUI)JECT:
Applicant:
Project Location:
Proposed Project:
Ken Pace
NC DOT, State Construction/Materials Brancb
Doug Huggett
Major Permits Processing Coordinator
CAMA Permit Application .Review
County of Dare
23731 NC Hwy 12 in Rodanthe, Dare Co.
Regional public beach access & recreation area
Ica ...•1.
Ii, / is
;.
Please indicate below your agency's position or viewpoint on the proposed project and return this
forin by 01/24/14 to 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-2471330).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SJGNTD Ov F � DATE 13 %5Z61"I
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 \ FAX: 262-2843723 I Internet; www,nocoastalmanagement.nct
An Equal Opportunity \ Affirmative Action Employer
Pat McCrory
Governor
Wl®
North 6101,�,Department of Environment and Natural
Division ofCoastal Management
, Braxton C. Davis
Director
January 3. 2014
MENJORANDUNI
TO:
FRONI:
John E. Skyarla, III
Secretary
'?
Renee Gletilull L•arly �'
NC Department of Cultural Resourees
Doug Haggett ��V t
1N7ajor PermiCs Processing Coordinator
SUB-18CT: CAMA Permit Application Revicav
Applicant: County of Dare f
1
Project Locatima: 23731 NC Hwy 12 in Rodanthc, Dare Co.-,),� t���l aA
Proposed Project: Regional public beach access cC recreation area, l
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 0.1/24/14 to 400 Commerce Avenue. Morehead Citv. NC 23557 fax: 252-247-3330 .
ltyou have any questions I-gardins the proposed project. please contact Kelly Russell at (252)
264-3901. \Vhen appropriate. in-depth comments %pith supporting data are requested.
REPLY: phis office has no objection to the project as proposed.
'lilis office has no comment on the proposed project.
This office approves of the project out), if the recommended changes are
incorporated, Sec attached.
Phis office objects to the project for -reasons described in the attached
comments.
�C� l � V4, A,r
SIGNED D
�
1367 US 17 S+rwh, Elitaoeth City, 14C 27969
Phone: 252-264.3951 Y FAX: 252-264-3723 : lntemei vmw.occoastalmanagement.net
An Equal Cpponunity 4 Affirmative Anion Employer
JaN 0 7 2014
DG-
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
January 3, 2014
MEMORANDUM
TO: Corky Whitehead, Local Permit Officer
Dare County
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: County of Dare
Project Location: 23731 NC Hwy 12 in Rodanthe, Dare Co.
Natural Resources
Proposed Project: Regional public beach access & recreation area
John E. Skvarla, III
Secretary
IiECFsipyp
JAw2014
DCZ-V-7DC'ip
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/24/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED 1 DATE V3_II-Cil q
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264.39011 FAX: 252-264-3723 : Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 AKrmative Action Employer
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 3, 2014
TO: Lee Padrick
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: County of Dare
Project Location: 23731 NC Hwy 12 in Rodanthe, Dare Co.
Proposed Project: Regional public beach access & recreation area
RECEWEI) ,
5
JAN 15 2014
bC,ZAfHDCnY
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/24/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
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.
SIGNED f DATE 1— /3 —/
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
�1
R(A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 3, 2014
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Tim Walton, Manager
State Property Office
Doug Huggett
Major Permits Processing Coordinator
CAMA Permit Application Review
County of Dare
23731 NC Hwy 12 in Rodanthe, Dare Co.
RECEIVED
JAN 0 6 2014
DOA
STATE PROPERTY
OFFICE
Regional public beach access & recreation area
RECEIVED
JAN 0 9 2014
DCM-MHD CITY
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/24/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: Thi ice has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED
1367 US 17 South. Elizabeth
Phone: 252-264-39011 FAX:
DATE
An Equal Opportunity 1 Affirmative Action Employer
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dare County
2. LOCATION OF PROJECT SITE: 23731 NC Hwy 12 Rodanthe, Dare County on
Atlantic Ocean
Photo Index - 2006: 174-7845 (Q,16) 2000: 174-2055 (1,9)
1998: 38-985 (P,17)
State Plane Coordinates - X: 3050760 Y: 690041 RECEIVED
3. INVESTIGATION TYPE: CAMA JAN 0 9 2014
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Dec. 17, 20
Was Applicant Present - no DCM•MHDcrrY
5. PROCESSING PROCEDURE: Application Received Complete - Dec. 17, 2013
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - conservation
(B) AEC(s) Involved: Ocean Erodible Area of Environmental Concern (AEC)
(C) Water De
(D) Intendedse: public
(E) Wastew, ment: Existing - none
Planned - individual septic system
(F) Type of Structures: Existing - none
Planned - picnic pavilion/restroom/equipment
building, driveway and parking areas, dune
crossover, 2gazebos, stormwater retention areas
(G) Estimated Annual Rate of Erosion: 9.5 ft/yF - —
Source - DCM erosion rate maps
7. HABITAT DESCRIPTION: [AREA]
DREDGED FII I Fn nTHFR
(A) Vegetated Wetlands
18,015 sq ft
(C) Highground
119, 068 sq ft
(D) Total Area Disturbed: 137,083 sq ft (3.147 acres)
(E) Primary Nursery Area: no
(F) Water Classification: SB Open: no
V
Field Investigation Report
Page 2
„w
B. PROJECT SUMMARY: The applicant proposes to construct a picnic
pavilion/restroom/equipment building, two parking areas connected by a gravel
driveway, dune crossover including two gazebos, sand volleyball court and horseshoe
pits and outdoor shower station.
Project Setting
The project site is located in the Village of Rodanthe at 23731 NC Hwy 12 on the Atlantic
Ocean
in Dare County. The proposed project site is 255,786 sq ft (5.8 acres) and is currently
undeveloped. The property extends from the Atlantic Ocean west 1,431 ft to NC 12. The site
has 186'ft of oceanfront shoreline. The site is vegetated with live oaks, upland grasses, bay
and wax myrtles in the approx. 500 It adjacent to NC 12 and then transitions to wetlands that
have been delineated as 404 wetlands. The wetland area is dominated by Juncus
roemerianus, and also has Spartina patens, Caladium jamaicense, Limonium spp., and Scirpus
spp. Although many coastal wetland species are present, this area is not subject to regular or
irregular flooding and has not been claimed as a coastal wetland under the jurisdiction of the
Division of Coastal Management. An approximately 8 ft. wide ditch bisects the 404
wetland area in a north to south alignment. The remainder of the site transitions from the
wetland area to sandy uplands vegetated with upland grasses, bay and wax myrtle, and then
into a low lying frontal dune system with sea oats and American Bean Grass. The Ocean
Hazard AEC line has been established and is located in the 404 wetland area approximately
center way of the site. The first line of natural stable vegetation was staked and verified by
myself on 4/ 02/ 2013.
The project site is bordered on the north side by developed single family residences and on the
south side by a campground. The wetland area described above extends south through the
campground property. At some point in the past, the campground site placed a culvert in the
ditch across the property and filled the wetland to create uplands from NC 12 to the ocean
effectively cutting off surface water flow,to the subject property.
The Atlantic Ocean is classified as SB by the Environmental Management Commission and is
not open to shell fishing. The site is 3-7 ft above normal water level (NWL).
Development Proposal
The applicant props struct a regional public be ess and recreation area to
I serve the public Hatteras Island.. p oposed public beach access area would consist of
two pares k! ing areas, , equipment building with Itstrooms, playground area with
volleyball courts and horseshoe pits and az bQ§._The propose construction would also
consist of three stormwater retention areas and a septic system. The parking area adjacent to
NC Hwy 12 would be constructed of gravel and approximately 110 ft by 250 ft allowing 75
parking spaces. Adjacent to the parking area would be an 84 ft by 24 ft equipment storage
building with public restrooms and picnic pavilion. Directly behind the building would be the
proposed playground area. The proposed development also includes a 20 ft by approximately
650 ft driveway that would connect the western and eastern development areas. The
construction of this driveway would involve the filling of 18,015 sq. ft. of wetlands. A 24 inch
drainage culvert would be placed below the road bed to maintain the drainage along the
existing 10 ft wide ditch. The driveway would connect to the second gravel parking area
T
consisting of 22 parking spaces and would measure approximately 60 ft by 125 ft.
Field Investigation Report
Page 3
In this eastern/oceanside recreational area there would be two sand volleyball courts, two sand
horseshoe pits, a 6 ft wide by 160 ft long wooden beach accessway that would have two
covered gazebos and a shower station.
Anticipated Impacts
The project as proposed will result in the filling of 18,015 sq ft of 404 wetlands for the
construction of a driveway, the filling of 119,068 sq ft of uplands for the construction of the
parking areas and buildings. Also, 10,900 sq ft of this upland fill would be located within the
Ocean Erodible AEC.
RECEIVED
" JAN 0 9 2014
Y
Submitted by: Kelly Russell
Date: Dec. 30, 2013 DCM-muDary
Project Narrative
Rodanthe Beach Access & Oceanfront Park
Dare County, North Carolina
Public beach access on Hatteras Island is woefully lacking and to respond to this need, Dare County
purchased the +/- 5.87 acre tract in Rodanthe at 23731 NC 12 Highway. This tract is strategically located
in an area of Hatteras Island with much less public access than further south. This tract was previously
owned by Lightkeeper Estates and was permitted to allow a fill road to be installed in wetlands to access
the oceanfront for the construction of two single-family residences and appurtenances (CAMA Major
Development Permit #135-06 and USACE Action ID # SAW-200640200-128).
The current plan is to develop the tract for regional public beach access and recreation, supporting 75
gravel parking spaces, access drive aisles, picnic pavilion, equipment building, public restrooms, and
playground area on the western extent of the site.
A 20-foot wide gravel drive will traverse the wetland area (Section 404 wetlands) with a 24-inch drainage
pipe to allow the drainage swale BMP which parallels the south side of the drive to drain into the wetland
area to the north. The encroachments from the southern property will be addressed upon receipt of
authorization for improvements.
This drive aisle will connect the western improvements to the oceanfront which will support 22 gravel
parking spaces, two beach volleyball courts, two gazeboes, two horseshoe pits, shower station (outdoor),
and 6-foot wide walkway.
c`: 17 2013
I_
RECEM
JAN 0 9 2014
DCM-MRD CITY
BCM MP-1
APPLICATION for I I
DEC 11 2013
Major Development Permit COASTAL kIANAGWI
PI I7AUTH rl RI
(last revised 12/27/06)
North Carolina DIVISION OF.COASTAL
1. Primary Applicant(Landowner Information
Business Name
County Of Dare
Project Name (if applicable)
Rodanthe Regional Public Beach Access & Oceanfront Park
Applicant 1: First Name
Tim
I MI
Last Name
White
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
1000
city
Manteo
State
NC
ZIP
27954
Country
USA
Phone No.
252 - 475 - 9270 ext.
FAX No.
Street Address (ifdifferent from above)
City
State
ZIP
Email
timw@darenc.com
2. Agent/Contractor Information
Business Name
Environmental Professionals, Inc.
Agentf Contractor 1: First Name
George
MI
H.
Last Name
Wood
Agent/ Contractor 2: First Name
Last Name
Mailing Address
PO Box
3368
City
Kill Devil Hills
State
NC
ZIP
27948
I Phone No. 1
252 - 441- 0239 ext. 105
Phone No. 2
252 - 423 -1234
ext.
FAX No.
252 441 0721
Street Address (d different from above)
1404 S. Virginia Dare Trail
Contractor
city
Kill Devil Hills
State
NC
ZIP
27948.
Email
obxwood@yahoo.com
RKEIVED
<Form continues on back>`
JA^ 0 9 2014
262-6Gi5-282i ��' .. ::;DAS'P .. ayerc�era Y.'IxiNTMHD CITY
Form DCM MP-1 (Page 2 of 4)
is
i
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address-
State Rd. #
Dare
23731 __.. _-_..__.__-.__
NC 12 Hwy
Subdivision Name
City
State
Zip
None
Rodanthe
NC
27968 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
252 - 475 - 9270 ext.
N/A, I I ,
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Atlantic Ocean
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
ZNatural ❑Manmade ❑Unknown
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
OYes ONO
work falls within.
Dare County
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (scift)
186.66
255,786
c. Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
N/A
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
3-7' ®NHW or ❑NWL
e. Vegetation on tract
Juncus roemerianus, Spartina patens (wetland areas), Juniperus virginiana, Iva frutescens, Ammophila
f. Man-made features and uses now on tract
None
g. Identify and describe the existing land uses adjacent to the proposed project site.
Water plant to the north
Trailer park to the south
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
S-1 Special District
(Attach zoning compliance certificate, 9 applicable)
®Yes ❑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 ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property? &RECEIVED
<Form continues on next page> JAN U 9 2014
DM Nim CTTP
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
®Yes
[]NO
(ii) Are there coastal wetlands on the site?
[]Yes
®No
(III) If yes to either (i) or (ii) above, has a delineation been conducted?
®Yes
[:]No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
None
1
7 % ^'..
o. Describe existing drinking water supply source. --
- ------ -
None
p. Describe existing storm water management or treatment systems.
-----
— - - -=
None
5. Acldvides and Impacts
a.
Will the project be for commercial, public, or private use?
[]Commercial ®PubliclGovernment .
❑Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Beach access, parking, and playground
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Bulldozer, paving equipment, hand tools stored on west side of the property.
d.
List all development activities you propose.
Parking, picnic pavillions, shower stations, access roadway, handicapped parking,
equipment building, horseshoe pits,
volleyball courts, dune crossover, gazebo
e.
Are the proposed activities maintenance of an existing project, new work, or both?
New
f.
What is the approximate total disturbed land area resulting from the proposed project?
137,083 ®Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
None
I.
Will wastewater or stormwater be discharged into a wetland?
®Yes ❑No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
®Yes ❑No ❑NA
me-
j.
Is there any mitigation proposed?
®Yes []No
If yes, attach a mitigation proposal.
JAN U U 1014
<Form continues on back>
DC9:•h:!tD CTTY
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additionallnfonnadon
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (n are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project
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 man that is suffidentiv detailed to auide aaencv Dereonnel unfamiliar with the area to the site.
i d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. li
9. 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
j which to submit comments on the proposed project to the Division of Coastal Management.
Name Jazania Herbert O'Neal Family Ltd. Partnership ruone No.
Address P.O. Box 40 - Rodanthe, NC 27968
Name Edward & Betty Saylor Phone No.
Address 10383 Mentzer Gap Drive -Waynesboro, PA 17268
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates.
1 CAMA Major Development Permit #135-06 USAGE Action ID #SAW-2006-40200-128
Lightkeeper Estates - Issued on August 7, 2007 Ughtkeeper Estates - Issued on August 7, 2007
---- --- -------form, if applicable.
1. Wetland delineation, Wacessary.
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 Ad (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
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of 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.
I further certify that the information provided in this application is truthful to the best of my knowledge:
Date 12-16-13 Print Name George H. Wood I r-._
Signature
17
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development MCEIVED —
❑DCM MP-4 Structures Information
JAN U 9 Z014
DCM".-a!gp c^'r
t1
RcCEMED
Form DCM MP-2
I
RXCAVATION and FILL I DEC 17 2013
Kcept for bridges and culverts)
COASTAL A4APdAGENiENT
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1.J B ^' a Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activilies. All values should•be.grven'Gn ieef:7
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
1. EXCAVATION ® This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)7 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:
d. High -ground excavation in cubic yards.
12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable I
a. Location of disposal area.
area.
c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance?
❑Yes []No ❑NA []Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner. (ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ❑No ❑NA
or other wetlands (WL)7 If any boxes are checked, provide the
number of square feet affected. (ii) If yes, how much water area is affected?
[]CW ❑SAV ❑SB
OWL []None
(ii) Describe the purpose of disposal in these areas:, RECEIVED
JAN 0 9 2014
DCM•MHD CITY
Foirvil +CICPA MF-2 (Excauatirn arse VIP, ; 2 c1: )
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 — Structures)
Type of shoreline stabilization: b. Length: _
❑Bulkhead ❑Riprap ❑Breakwater/Sill LJOther:
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Riprap _
Breakwater/Sill_ Other_
i. Source of fill material.
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the she? ®Yea ❑No ❑NA b. (I) Will fill material be placed In coastal wetlands/marsh (CW),
If yes submerged aquatic vegetation (SAV), shell bottom (SB), or
Il Amount of material to be laced in the water other wetlands (WL)? If any boxes are checked, provide the
(ii) P Q number of square feet affected.
(iii) Dimensions of fill area _ ❑CW _ ❑SAV ❑SB
(iv) Purpose of fill OWL 18.015 ❑None
(ii) Describe the purpose of the fill in these areas:
access drive
5. GENERAL
a. How will excavated or fill material be kept on site and
controlled?
Silt fence barrier
c. (i) Will navigational aids be required as a result of the project? d.
[]Yes ❑No ®NA......... .. ...., ......,..
III) If yes, explain what'Cyps and how they will be implemented _
What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Bulldozer, dump trucks, paving machines
(i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ❑No ®NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
I
December 16, 2013 L77=13 George H. Wood, Agent for
Date �_,_ ___T _,. Applican ame
Rodanthe Regional PubUc Beach Access & Oceanfrok Park
Appl�fint Signature
rct Name fi
JAN 0 9 2014
Form DCM MP-3
iPLAND DEVELOPMENT DEC' 2013
nstruction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. 5e sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information:- .... --• ""r'
(GENERAL UPLAND DEVELOPMENT
a.
Type and number of buildings, facilities, units or structures
b. Number of lots or parcels.
proposed.
None
1 building (restrooms, equipment room)
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.
-0-
137,083 square feet
e.
If the proposed project will disturb more than one acre of land, the
f. List the materials (such as marl, paver stone, asphalt, or concrete)
Division of Land Resources must receive an erosion and
to be used for impervious surfaces.
sedimentation control plan at least 30 days before land -disturbing
Gravel
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ®No ❑NA
•
(it) If yes, list the date submitted: To be submitted after Section
401 approval
g.
Give the percentage of the tract within the coastal shoreline AEC to
h. Projects that require a CAMA Major Development Permit may also
be covered by impervious and/or built -upon surfaces, such as
require a Stormwater Certification.
pavement, building, rooftops, or to be used for vehicular driveways
(1) Has a site development plan been submitted to the Division of
or parking.
Water Quality for review?
20.57%
®Yes [:]No ❑NA
i.
Give the percentage of the entire tract to be covered by impervious
(ii) If yes, list the date submitted: _9-18-13
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
25.05%
j.
Describe proposed method of sewage disposal.
k. Have the facilities described in Item (i) received state or local
On -site wastewater
approval?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
I.
Describe location and type of proposed discharges to waters of the
m. Does the proposed project include an innovative stormwater -
state (e.g., surface runoff, sanitary wastewater, industrial/
design?
commercial effluent, "wash down" and residential discharges).
[]Yes ®No ❑NA
None
If yes, attach appropriate documentation.
RECEIVED
•
i JAI' U 9 2014
DC:v:;off_M CrrY
IL
Form DCM P-3 (Upll&,u;,d Pag.x' OV,2,'r,
m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ❑Yes ❑No ®NA
community, public system, etc.) (ii) If yes, how many acres?
County system
o. When was the lot(s) platted and recorded?
December 18, 2013
Date
Rodanthe Regional Public Beach Access 8 Oceanfront Park
Project Name
George H. Wood, Agent for
Applicant me
Appli t Signature
p.. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
[]Yes ®No ❑NA
RECENED
JAN 0 9 7014
MM, x,LT1JCTy
•.. , .,,,;. ;-::. .,. ,� -:.�� o�-c�iseae 72261GC
w r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 3, 2014
MEMORANDUM
TO: Charlan Owens, District Planner
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA Permit Application Review RECEIVED
Applicant: County of Dare JAN 0 9 2014
Project Location: 23731 NC Hwy 12 in Rodanthe, Dare Co. DAM-MHDCITy
Proposed Project: Regional public beach access & recreation area
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/24/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
-�tTac+�6ac�
SIGNE DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer
-A- 4 h
IWDEEIR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
MEMORANDUM
TO: Doug Huggett, CM Major Permit Coordinator
FROM: Charlan Owe AICP, NE DCM District Planner
SUBJECT: Major Permit Request by Dare County to construct a regional public beach
access and recreation area consisting of: a picnic pavilion with equipment
building and restrooms, a shower station, two (2) gravel parking areas,
concrete handicapped parking and accessible routes, a playground, two (2)
stormwater areas, and a septic system to the west at NC 12; a centrally located
20 foot wide by 650 foot long gravel driveway crossing a 24 inch diameter
culvert, and; a 6 foot wide by 160 foot long elevated walkway with two (2)
gazebos and a shower station, two (2) volleyball courts, two (2) horseshoe pits,
shaded picnic areas, a gravel parking area, and a stormwater area to the east
at the Atlantic Ocean beach; on property located at 23731 NC Highway 12, in
the Rodanthe community, Dare County.
Date: January 7, 2014
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 subject property is an undeveloped 5.8 acre site with 186 linear feet of
shoreline along the Atlantic Ocean. The property extends 1,431 feet from the ocean to NC 12
and is divided into two (2) upland areas by centrally located Section 404 Wetlands. An 8 to 10
foot wide ditch bisects the Section 404 Wetlands, running in a north /south direction. The
property is 3 to 7 feet above Normal Water Level (NWL). The property is located primarily
within Floodzone AE (EL 9) along NC12 to the west and VE (EL 11) along the shoreline to the
east.
Construction of a regional public beach access and recreation area consisting of: a picnic
pavilion with equipment building and restrooms, a shower station, two (2) gravel parking
areas, concrete handicapped parking and accessible routes, a playground, two (2) stormwater
areas, and a septic system to the west at NC 12; a centrally located 20 foot wide by 650 foot
long gravel driveway crossing a 24 inch diameter culvert, and; a 6 foot wide by 160 foot long
elevated walkway with two (2) gazebos and a shower station, two (2) volleyball courts, two (2)
horseshoe pits, shaded picnic areas, a gravel parking area, and a stormwater area to the east
at the ocean beach; is proposed. The gravel driveway will connect the two (2) upland areas to
be developed. The 24 inch drainage culvert will be placed within the existing ditch to maintain
drainage.
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 1 FAX: 252-264.3723; Internet: www.ncooastalmanagement.net JAN 0 9 2014
An Equal Opportunity 1 Affirmative Action Employer
DCNf-MHD CITY
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
MEMORANDUM
Page 2 of 6
Dare County has been authorized to receive $130,000 in grant monies through the Public
Beach and Coastal Waterfront Access Grant Program to develop the picnic pavilion with
restrooms and associated improvements at the project site.
The waters of the Atlantic Ocean in this area are designated as SIB and are closed to shellfish
taking.
A review of archaeological areas of significance was not provided.
Anticipated impacts resulting from this project are expected to include: the filling of .41 acre of
Section 404 wetlands and 2.73 acres of Highground, of which .25 acre is within the Ocean
Erodible Area of Environmental Concern (AEC).
Basis for Determination:
The Dare County Land Classification Map identifies the subject property as "Transitional
Corridor". As indicated on Page 217, the "Conservation" designation applies to all CAMA
Areas of Environmental Concern (AECs).
As indicated on Page 207 for the "Transitional Corridor" designation, "(t)he purpose of the
transition corridor category is to provide for more intensive development on lands that are
suitable and will be provided with the necessary infrastructure and services to support
urban -style development." For Rodanthe, development along the NC 12 corridor is mainly
commercial with an emphasis on tourist -related goods and services." As suggested on Page
217, development in "Conservation" areas may include traditional accessory uses permitted in
CAMA AECs.
A glossary of terms used in the policy statements is provided on Page 139. These include:
Advocate: to promote or encourage
Encourage: to favor or foster (also see support)
Recognize: to show awareness of an issue or condition
Shall: mandatory, not optional, a more formal term for "will"
Should: preferred or recommended but not mandatory in all cases
Support: to foster; may imply financial support
The following are LUP policies that 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."
1367 US 17 South; Elizabeth City, NC 27909 RECEIVED
Phone: 252-264-3901 1 FAx:252-264-3723 ; Internet: www.nccoastalmanagement.net
JAN 0 9 2014
An Equal Opportunity 1 Affirmative Action Employer
s
DiN mm ary
North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 3 of 6
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..."
Implementation Strategy:
1....Any new public access sites shall address the needs of handicap
persons and address those needs to the maximum extent practicable in
working with the natural conditions of the site. (2010-2015)
Land Use Compatibility:
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."
Policy LUC#15, Page 159.
"The Dare County Board of Commissioners supports the protection of structures,
lands, and artifacts that have been identified by the NC Department of Cultural
Resources, Division of Archives and History, as archaeologically or historically
significant. On a case -by -case basis individual protection/management strategies
should be implemented to ensure archaeological and/or historical resources are
not destroyed."
Infrastructure Carrying Capacity:
Policy ICC#3, Page 167.
"Centralized wastewater treatment and collection systems, for both on -site and
off -site service, are considered appropriate methods for wastewater treatment in
addition to the use of individualized on -site wastewater systems and traditional
septic tank/drainfield systems..."
1367 US 17 South, Elizabeth City, NC 27909 JAN 0 8 2014
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer DCM-YMCPPP
North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 4 of 6
Natural Hazards:
Policy NH#1, Page 179.
"Oceanfront shoreline development should continue to be managed to protect
and preserve the natural and recreational resources along the oceanfront. The
appropriate tools for this are the existing CAMA permit program and the Areas of
Environmental Concerns (AECs) designated under the CAMA program..."
Implementation Strategy:
1. Rely on existing CAMA AEC regulations to address the development
activities along the ocean beaches, estuarine shoreline, and other public
trust areas in unincorporated Dare County...
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 the elevation of building
and the wind zone requirements for mobile homes and zoning regulations, such
as 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."
Policy WQ#4, Page 190.
"Efforts to preserve, protect and improve water quality should be managed at the
local level. Local level management allows for a regulatory approach designed to
specifically address unique local needs and conditions. Existing State stormwater
RBCOUD
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264,39011FAX: 252-264-3723;Internet: www.nccoastalmanagement.net JAN 09 2014
An Equal Opportunity 1 Affirmative Action Employer
AC14•h^PJCITY
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
MEMORANDUM
Page 5 of 6
rules should serve as the basis for local programs with adjustments made to
address local needs, conditions, and community support."
Policy WQ#5, Page 190.
"Efforts to manage stormwater runoff should be based on local conditions and
natural features..."
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..."
Local Areas of Concern:
Policy LAC#4, Page 200.
"Dare County encourages federal and state regulatory agencies to consider
fast -tracking of public purposes projects. Where State grant funds have been
secured, consideration of an assumed or accelerated permit process is
advocated."
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 of tourism in Dare County and North Carolina."
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
wd �
JAN 0 9 2014
DC.titN�C.''1'Y
North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 6 of 6
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. Tourist generated revenues should be used to offset the infrastructure
needs of our seasonal population and our year-round population."
RECENED
JAN 0 9 2014
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-26439011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
01 1790 P1 119 Doe Id: 6252792
011MI2009 11:aa AM NCEReIaR:111:, b:ad0i 7, 09-OB6B
Doe cold: C/o :
Barbara A. Cray. Relater of Deeea Dart CO, NC
6252M 0: 1799 P: 116
Mail after recording to: Starkey Sharp
This instrument was prepared by
W. Jay Wheless
Attorney at Law NO.
P. O. Box 500
Manteo, NC 27954 /
prepara makes no mpresentadon as to the quality or quantity of title. I\
Parcel No. 012545-M
THIS CORRECTION DEED OF GIFT made
GRANTOR
Bette Gray and husband,
Rudolph H. Gray
Trisha Midgett (also kpo
Midgett) and husb
Timothy W. Midg,�
� vC
Patr1 a
GIFT
2009 by and between
GRANTEE
eounty of Dare, a Body Politic
A 71.42858% interest
P. O. Box 1000
Manteo, NC 27954
AM
Whereas G�rair- �c negotiated the purchase / sale / gift of these lands over many
months in 2008;
Whereas . as a is intention during those negotiations that the property, if conveyed, be
preserved or co rued in ys to include providing the public with access to the Atlantic seashore and
for preserving th pe tself in that it is located within a historic district and once was the site of a
:as Grantee's intention to provide the public with access to the Atlantic seashore over
and to1mbserve or otherwise conserve the property for the benefit of the public; and
Grantor's gift deed to Grantee dated November 24, 2008, did not recite the purposes of
nservation as set forth above; and
cas Grantor wishes to make clear that such purposes were intended t� the
and preservation goals was the impetus behind Grantor's gift of; portio the title.
JAN 0 9 2014
4 DC.%!- r:DC'ry
AM
lfII91NIII1IWAFIVONM1A MIf"MMM141II
WITNESSETH, that the Grantor has and by these presents does grant, give and convey unto the
grantee a 71.42858% interest in fee simple, all that certain lot or parcel of land situated in and more
particularly described as follows: See Exhibit "A"
The property. hereinabove described was acquired by Grantor by instrument recorded in
138, Dare County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land ag4!
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee that Grantor is seized of the p �sin right to convey the same in fee simple, that the title is marketable and free an
and that Grantor will warrant and defend the title against the lawful�jaimsv€ pq
except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to
IN WITNESS WHEREOF the Grantors have
first above written.
Bette
STATE OF
I, a Notary Public of the aforesaid State
tirantoM personally appeared before me thb
Witness my hand and seal, this
2009.
:1553, page
te',es
and
as the
icumbrances,
whomsoever
set their stands and seals the day and year
� certify that Bette Gray and husband, Rudolph H. Gray,
the execution of the foregoing document.
OFFICIAL SEAL Notary hm/a
ct a is a xed or im not d hereon. No"Dare Ceunty-
issr a pires miss or [W r Cata y 3
'' rr My CanmlNbn ixpne May �l,
STATE OF COUNTY OF haM
1, a Notary Public o pt afo Mate and County, do hereby certify that Trisha Midgen (also known as Patricia Midgett) and
husband, Tintodty,lp.`lyt rantors, personally appeared before me this day and acknowledged the execution of the
and seal this the SO day of January, 2009.
(Legible si of No ary e)ECW
NIIIN l NOOPM
My official seal is affixed or i pnn ad hereon. �
My commission expires 3 f ) 0 of North comma
on kpins May 31, 2010
.N
6232792 B: 17" P: 119 Papa 3 of 3 1/30/09 11:34 An
Exhibit A
All that certain lot or parcel of land lying in Rodanthe, Dare County, North Carolina, adjoining NC12.
the County of Darc. the wafers of the Atlantic Ocean. Ja/nnia O'Neal, Bette Gray et al. Jonna and
Robert Midgett, and Lots I and 2. Joseph M. Midgett Subdivision, and more particularlyescribed as
follows: \
Those lands designated and being Eastern Portion" shown on that plat or map entit}ed`y
Survey. Rudolph H. Cray, Bette R. t fray, Timothy W. Midgetett &Patricia M. M' dote •h 19,
2004. and prepared by Katherine C. Marchello. PIS, of Quiblc & Associates' orded ' Plat
Cabinet pl. Slide 190. Dare Registry.
RECENED
JAN 0 9 2014
DO5"-; M CITY
R
623277OZp B:r�1700 PPu,11p Page 33 �o��f1,t3��1113,00//02 11:34 IM '
DUIIRAM 1111I1Yi1'ttiMI11t'YIfYd*YiliPilRMl11'AIIII
Exhibit A
All that certain lot or parcel of land lying in Rodanthe, Dare County, North Carolina, adjoining NC 12,
the County of Darc. the waters of the Atlantic Ocean, Jarnnia O'Neal, Bette Gray et M. Jonna and
Robert Midgett. and Lots I and 2, Joseph M. Midgett Subdivision, and more particularly scribed as
follows:
Those lands designated and being "Eastern Portion" shown on that plat or map enti
Survey. Rudolph H. Gray, Bette R. Gray, Timothy W. Midgett & Patricia M. M' dal • •h 19.
2004. and prepared by Katherine C. Marchello, PI.S, of Quihle & AssociatesC�corded ' Plat
Cabinet FI. Slide 190, Dare Registry.
.UUM ®®r�Ilnar®r: _ 7D.9&-v"
% 1 MAILING DISTRIBUTION SHEET
Permitee:
Agents:
DCM Field Offices
Elizabeth City
Morehead City
Washington
Wilmington
ITS ACO)E Offices -
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
NC DOT:
Shellfish Sanitation:
State Property:
Water Resources:
Washington:
Wilmington:
Wiidliffe Resouurces-
LPO:
Fax Distribution:
(with revised work plan drawings)
Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Dave Timpy
Renee Gledhill -Early or (enviromnental.review@ncdcr.gov)
Debra Benoy (WIRO)
Joey White (WARD)
Ken Pace �—.
Patti Fowler r—
Tim Walton
Karen Higgins (Raleigh) �—
John Hennessy (NC DOT)
Anthony Scarborough -1�7
Joanne Steenhuis — 401
Chad Coburn - 401
Linda Lewis - Stormwater
Maria Dunn (WARO) ;,--
Permitee
Agent #: