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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 #: