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HomeMy WebLinkAbout81-96 Island Creek PartnersPermit Class Permit Number NEW S1-96 STATE OYNORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission lhrmtt`' r , for X Major Developinent'in an Area of Environmental Concern pursuant to NCGS 113A=118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Island Creek Partners 116 Sandy Ridge Road Duck, NC 2794 authorizing development in Dare County at Pamlico Sound and Spencer Creek off of Hwy. 12 at Avon , as requested in the permittee's application dated 12/19/95 including attached work plan drawing, sheet 1 of 1 dated revised 2/8/96 This permit, issued on 3 2 / f 6 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead Construction 1) The bulkhead will not be positioned farther waterward than 2 feet from the normal water level elevation contour at any point along its alignment. ` 2) The bulkhead will be constructed landward of coastal wetlands. 3) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall. This permit does not authorize any excavation waterward of the approved alignment. attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the ppermit expires on December 31 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger checter, Director Division o Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Island Creek Partners ADDITIONAL CONDITIONS Permit #51-96 Page 2 of 2 4) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 5) No vegetated wetlands will be excavated or filled. This restriction may significantly reduce the amount of fill that may be placed behind the authorized structure. In order to preclude an inadvertent violation of this condition, the permittee is requested to call for a pre -construction site meeting with DCM and COE staff. 6) The backfill materials will be obtained from a high ground source and confined landward of the permitted bulkhead. NOTE_ The Division of Land Resources approved a Sedimentation and Erosion Control Plan on May 10, 1996 NOTE: A Stormwater Management Permit is required for this project by the Division of Environmental. No project activity should take place until such permit is approved. 1. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF April 12, 1996 Regulatory Branch Action ID No. 199601401 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Island Creek Partners for a Department of the Army (DA) permit to increase the number of approved single family dwellings, and construct a clubhouse, swimming pool, and bulkhead, on property identified as Island Creek Partnership, located off NC Highway 12, adjacent Spencer Creek and the Pamlico Sound, Avon, 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 condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. The bulkhead will not be positioned farther waterward than 2 feet from the normal water level elevation contour at any point along its alignment. b 3. All ckfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. j 4. No vegetated wetlands will be excavated or filled. 5. The permittee will maintain the authorized work in od condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitte activity without having it transferred to a third party. Questions or comments may be addressed to Mr. Raleigh Regulatory Field office, telephone (919)975-1616, extension. Sincerely, 4 Raleigh Bland, P.W.S. Regulatory Project Ma Washington APq "L y4g MW C043 q�9 196 1166 NT -2- Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Hefner, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF Regulatory Branch rr I Action ID. I 1 q b O 19 ID, 1 Applicant IS lan(1 Creep tJAey Waterway Spency* Leek County Dare Type Work_ Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island ;. Beaufort, North Carolina 28516 Fish and Wildlife Enhancement U. S.Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 UA4 E Regional Office Division of Coas al Management North Carolina Department of Environment, Heallth and Natural Resources 13 4 U c 211,21 Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosedAA Yo comments and/or recommendations would be appreciated on or before tt p 10 t I qq b Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland Regulatory Project Manager yr Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENT'ON OF June 3, 1996 Regulatory Branch Action ID No. 199601401 and State Permit No. 81-96 Island Creek Partners Post Office Box 39 c/o J. R. Hooper 116 Sandy Ridge Road Buxton, North Carolina 27920 Dear Sirs: Reference your application for a Department of the Army (DA) permit to increase the number of approved single family dwellings, and construct a clubhouse, swimming pool, and bulkhead, on property identified as Island Creek Partnership, located off NC Highway 12, adjacent Spencer Creek and the Pamlico Sound, Avon, Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished without enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -2- Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, V/ Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 State of North Carolina Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 12, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator /7 i� �EHNR is MAR 199E Receive:' rn d' state Prec�r<r n�° Ln £61 SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Island Creek Partnership PROJECT LOCATION: Spencer Creek off NC 12 & Island Creek Dr., Avon, Dare Co. PROPOSED PROJECT: Major Permit Mod. #19-89 to construct a club house, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 2, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. 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 at hed comments. Signed ! L-1� L Date 4 P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 A An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Form DCM-MP-1 RFr.�i�)FD 1. APPLICANT APPLICATION DEC 2 2 1995 (To be completed by all applicants) e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pamlico Sound a Landowner: Parcel A. J.R. & G.C. Hooper, O.E. Finch Name Parcel B. Island Creek Partners Parcel A. PO Box 39, C/O J. R. Hooper Address Parcel B. 116 Sandy Ridge Rd. Parcel A. Buxton NC City Duck State NC Parcel A. 27920 Zip 27949 Day Phone 995-5900 Fax NA b. Authorized Agent: Name Quible & Assoc. P.C.. Attn. Joe Lassiter Address PO Drawer 870 City Kitty Hawk State NC Zip 27949 Day Phone 919-261-3300 Fax 919-261-1260 c. Project name (if any) Island Creek NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare b. City, town, community or landmark Avon c. Street address or secondary road number NC 12 d. Is proposed work within city limits or planning jurisdiction? Yes X No 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Construction of 8 single family residences club house Pool, roads bulkhead construction b. Is the proposed activity maintenance of an existing project, new work, or both? expansion of an exist project. c. Will the project be for public, private or commercial use? Public d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. (See attached narrative) 4. LAND AND WATER _ CHARACTERISTICS Parcel A = 1.64 a Size of entire tract Parcel B = 5.16 Total = 6.80 b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract Duckston and Corolla Fine Sand e. Vegetation on tract Myrica cerifera. Juniperus virginicus Juncus roemarianis Ilex vomitoria. Spartina patens Revised 03/95 Form DCM-MP-1 RECEIVED DEC 2 2 1995 f. Man-made features now on tract 8 single family homes waste treatment system, bridge, paved road, maintenance shed, bulkheads g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) _ Conservation Limited Transitional _ Developed Community Rural _ Other IL How is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? X Yes _ No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? —Yes X No If yes, by whom? NA k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) X Other 404 If yes, has a delineation been conducted? Yes (Attach documentation, if available) in. Describe existing wastewater treatment facilities. on -site low pressure pipe system n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) None o. Describe existing drinking water supply source. Cape Hatteras Water Association 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Tim Midgett - Midgett Realty Address PO Box 250 Hatteras NC 27943 Phone 986-2941 Name W. H. Ful ham Address 722 W. Riverside. Suffolk. VA 23434 Phone Name Address Phone Avon Soundside Partners 116 Sandy Ridge Rd., Duck, NC 27949 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Revised 03/95 Form DCM-MP-1 Major CAMA #19-89 Major Mod. 10/24/90 Avon Soundside Partnership Msior CAMA # 33-92 Island Creek Partners • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A-1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the 1 _ day of pp D' /� L . 199Y Print Name Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ _ DCM MP-4 Structures Information _ DCM MP-6 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and elate each attachment in the space provided at the bottom of each form. RECEIVED DEC 2 2 1995 Revised 03/95 Form DCM-NP-2 DrralcD - EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet Average Final __ _ Exintin Project Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 1. EXCAVATION a. Amount of material to be excavated from below M M or NWL in cubic yards -0- b. Type of material to be excavated NA DEC 2 2 1995 c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. High gi ound excavation in cubic yards -0- 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area NA b. Dimensions of disposal area NA c. Do you claim title to disposal area? NA Yes _ No if no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? NA Yes —No If yes, where? NA e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? NA Yes —No f. Does the disposal include any area in the water? NA Yes _ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 402.06 c. Average distance waterward of MHW or NWL Revised 03/95 Form DCM MP-2 DEC 2 2 1995 d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (source of information) on -site observation £ Type of bulkhead or riprap material Pressure treated lumber g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill 14 cu. vds. h. Type of fill material Clean sand i. Source of fill material approved upland source 4. OTHER FILL (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes _ No If yes, (1) Amount of material to be placed in the water NA (2) Dimensions of fill area 2.1 Acres 91485 sa ft. (3) Purpose of fill for roadsfor roads building pads & waste treatment & waste treatment�tem b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? _ Yes X No If yes, (1) Dimensions of fill area NA (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fence b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe bulldozer c. Will wetlands be crossed in transporting equipment to project site? _Yes X No If yes, explain steps that will be taken to lessen environmental impacts. NA 1s Creek G �1. 9 Y lican7� Sigaa I Date Revised 03/95 Form DCM-MP-3 nrnrmr:1) UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed 8 single family residences clubhouse pool_ associated roads b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) 16 total units on 6.8 acres (2.35 units per acre) d. Size of area to be graded, filled or disturbed including roads, ditches, etc.91485 sg.ft. (2.1 acres) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes X No If yes, date submitted Being prepared f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt — g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 15.28% b. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No If yes, date submitted i. Describe proposed method of sewage disposal. DEC 2 2 1995 Permitted low pressure pipe system j. Have the facilities described in Item i. above received state or local approval? Yes (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). No discharges proposed 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Cape Hatteras Water Association WI■ Will water be impounded? If yes, how many acres? _ Yes X No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? NA JISCreek A h t Project Ramere 12/la 1,6e Date Revised 03/95 State of North Carolina Department of Environment, ,Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May23, 1996 Island Creek Partners 116 Sandy Ridge Road Duck, NC 21949 Dear Sir:: 1t •: , E� H R 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, P.O. Drawer 11666, Raleigh, NC 27611, (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 require 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. However, 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. Z;s �� John R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Ni-or' CAn Equal OpportFAX 919-733-1495 Raleigh, North Carolina 27611-7687 unity/Affirmative Action Employer Voice 919-733-2293 � 50% recycled/10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Island Creek Partnership 2. LOCATION OF PROJECT SITE: Spencer Creek off NC 12 and Island Creek Drive, -),S- n S+- Avon, Dare County. Photo Index - 1989: 202-8: N 11 O&P 11, 12, 13 1984: 144-398: N 11 O&P 11, 12, 13 State Plane Coordinates - X: 3042500 Y: 607600 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 4, 1996 Was Applicant Present -No 5. PROCESSING PROCEDURE: Application Received - February 10, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation and Limited Transition (B) AEC(s) Involved: PT, ES, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Low Pressure Septic Planned -Same (F) Type of Structures: Existing - Dwellings Planned - Club House, Swimming Pool, Dwellings, Bulkhead (G) Estimated Annual Rate of Erosion: 2' per year Source - Applicants Agent, Joe Lassiter 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Shading: 1,170 sq.ft. "404„ (B) Non -Vegetated Wetlands (C) Other Grading: 91,485 sq.ft. Upland (D) Total Area Disturbed: 2.127 Acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant requests a major modification to CAMA Major Permit #19- 89 to increase the number of approved dwelling units from 14 to 16, construct a club house and swimming pool, and 402.68 linear feet of additional bulkhead on property located between Spencer Creek and Pamlico Sound in Avon, Dare County. Island Creek Partners Bio Report Page 2 Site Description The applicants property is located the along sound side off NC 12 at the end of Island Creek Drive in Avon, Dare County. The entire tract under development extends from NC 12 to Pamlico Sound, and is bisected by Spencer Creek. For the purpose of this permit the area of interest is confined to that portion of land located between Spencer Creek and the Pamlico Sound, and consists of two parcels (referred to as Parcel A and Parcel B). The site is accessed by a wooden bridge over Spencer Creek on Island Creek Drive. The total area of the property in question is 6.8 acres (296,208 sq. ft.) and is bounded on three sides by water. The northwest edge of the property abuts the Pamlico Sound, while the north eastern portion of the tract abuts Spencer Creek. The average elevation of the property is approximately 3.8' above Base Flood Elevation (BFE) and is in Flood Zone A(8'). Eight existing single family dwellings are serviced by a low pressure system located on the east side of Spencer Creek. Five dwellings are located adjacent the Pamlico Sound and the adjacent shoreline has been stabilized with a wooden bulkhead. With the exception of a small wooded shed, no other structures are on the site. All development activities on the property have been confined to the area directly west of the bridge. The property is primarily high ground with several isolated pockets of "404" wetlands. There is an extensive coastal wetland fringe along the shoreline. There is evidence of shoreline erosion adjacent the bridge along Spencer Creek and according to the applicant an average of two feet per year has been lost. Developed high ground areas are dominated by domestic grasses while vegetation in the undeveloped high ground areas includes, but is not limited to, Broom Sedge (Andropogon ssp.J, Sea Ox-eye orrichia frutescens , Wax Myrtle ftrica cerifera , Red Cedar (Juniperus vriinians , and Marsh Elder ava frutescens . The high ground graduates to coastal wetlands ranging from Salt Meadow Hay S ar ina Patens), Black Needlerush Juncus roemerianus) to Salt Marsh Cord Grass S artina alterniflora). Project Description Island Creek Partners request a modification to CAMA Major Permit #19-89. CAMA Major #19-89 was originally issued to Avon Soundside Partnership on January 31, 1989, and authorized the construction of the bridge over Spencer Creek. The permit was later modified on January 18, 1991, to include: 1) construction of 14 residential units, a 538' bulkhead and associated driveways on the eastern section of the property; 2) expansion of the existing bridge; and, 3) construction of a commercial retail/office building and associated parking and septic system. The size of the tract, on the east side of Spencer Creek, at the time of the issuance of the permit was estimated to be 5.36 acres, with a density of 2.61 units per acre. Island Creek Partners Bio Report Page 3 On January 25, 1993, the permit was transferred to Island Creek Partners and again modified to include eight 25' groins to be located along the Pamlico Sound. On March 24, 1992, a second CAMA Major Permit (#33-92) was issued to Island Creek Partners for the construction of additional bulkheading along Spencer Creek adjacent to the bridge, excavation of a channel and boat basin, mooring pilings, dock, and boat ramp. The applicants have acquired an additional 1.64 acres adjacent to the original site east of Spencer Creek for a total of 6.80 acres. Under the current modification proposal the number of single family dwellings will increase from 14 to 16 units, with a density decrease equaling approximately 1/4 acre per single family dwelling. The density calculated does not reflect the proposed construction of a clubhouse and swimming pool on the property. The final aspect of the proposed modification will be the construction of an additional 402.68 linear feet of bulkhead along Pamlico Sound that will extend to the mouth of Spencer Creek. The total area of land disturbing activity will be approximately 2.10 acres (91,485 square feet), of which approximately 14,000 square feet will occur within CAMA's Area of Environmental Concern (AEC). No filling is proposed in coastal or "404" wetlands and is no backfill has been requested in conjunction with the proposed bulkhead. Two of the proposed dwellings will be constructed on pilings over 1,170 square feet of "404" wetlands. According to the applicant's agent no land disturbing activity will occur in wetlands. It will be virtually impossible to construct a dwelling without land disturbance. A comparison of the approved plat and the proposed modification indicates a loss of "404" wetlands has occurred. According to the permit (including all modifications), no "404" wetlands may be filled. Anticipated Impacts The modification, as proposed, will result in a total of 1.69 acres (73,779 square feet) of impervious lot coverage. Impervious lot coverage within the AEC will be approximately .406 acres (17,709 square feet). Approximately 1,170 square feet of "404" wetlands will be shaded by dwellings and may eventually be lost if current plats accurately reflect previously _ built over wetlands. The bulkhead, while proposed landward of the coastal wetland fringe will result in some temporary degradation during construction. Development of previously undisturbed areas will result in the degradation or loss of several species of naturally occurring vegetation. CAMA Review and Land Use Plan Consistency No unique remnant species, geologic formations or archeological site are know to be associated with this location. Island Creek Partners Bio Report Page 4 According to the Land Use Plan, Dare County supports the installation and maintenance of estuarine bulkheads (pg. 56). The County also supports the Corps of Engineers' Nationwide permit program (pg. 60). It is the Corps policy to minimize or avoid unnecessary impacts to "404" wetlands. Review of this project indicates that total avoidance of wetlands may be possible. The Land Use Plan also states that occasional losses of "isolated pockets" of wetlands is acceptable when the level of alteration is minimal (pg. 60). The proposed development appears to meet Dare County's desire to maintain a "coastal village. atmosphere by Land Use Planning techniques to guide the private sector market forces in the direction of minimal commercialization with single family homes as a preferred type of development" (pg. 80). Based on my review it appears that the proposed modification, to CAMA Major Permit N19- 89, is consistent with the Dare County Land Use Plan. Submitted By: Lynn W. Mathis Date: March 1, 1996 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RI A) APPLICANT: Island Creek Partnership COUNTY: Dare LOCATION OF PROJECT: Off NC 12 & Island Creek Drive, between Spencer Creek & Pamlico Sound, Avon DATE APPLICATION RECEIVED COMPLETE BY FIELD: 02/10/96 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No CONSISTENCY DETERMINATION: Attached - Yes To Be Forwarded - No FIELD REPRESENTATIVE: Mathis DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: t�P3 B) DATE APPLICATION RECEIVED IN RALEIG �FfF1 REC'D: $ 95a,oC PUBLIC NOTICE REC'D: IA TI DATE: a� _ —q L ADJ. RIP. PROP NOTICES REC'D: 1 D REC'D: APPLICATION ASSIGNED TO: 9 : a— ��_ quo C) 75 DAY DEADLINE: — — 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: — p FEDERAL DUE DATE: —9� FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE \ DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance 5 Land Quality Section J X Div. of Env. Management State Property Office -- Div. of Archives & History Div. of Env. Health Div. of Highways Wildlife Resources Commission j Div. of Water Resources Div. of Marine Fisheries �— State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: John Parker, Jr. FROM: Lynn W. Mathis [DEHNFR SUBJECT: Major Modification Request for Island Partners CAMA Major Permit #19-89 DATE: March 1, 1996 Based on my review it appears that there may some loss of "404" wetlands in violation of the state conditions of the permit. Wetlands previously delineated (plat dated 9/5/89) appear to be inconsistent those shown on the current plat dated 1/23/96, this inconsistency should be resolved. I would like to recommend approval of the major modification to CAMA Major Permit #19-89 subject to resolution of the above inconsistency and that the following conditions be place on the permit modification: 1. No marsh grass will be excavated and/or filled. 2. The bulkhead will be constructed landward of coastal wetlands. 3. No wetlands will be filled, excavated or otherwise altered without T a modification of this permit. a 4. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall. This permit does not authorize any excavation waterward of the approved alignment. ? 5. The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Afflrmative Action Employer 50%recycled/ 10%post-consumer paper r9 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. Et. NOTE: The Erosion and Sedimentation Control Plan modified to �1 reflect proposed changes will be required for this project. This Plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this Plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1424 Carolina Ave. Washington, N.C. 27889 . State df North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor 2 Jonathan B. Howes, Secretary Bruce L. Freeman, Director o LO �W a MEMORANDUM , TO: John Parker, Jr. FROM: Lynn Mathis �EHNR SUBJECT: Island Creek Properties Major Modification of CAMA Major Permit #19-89 Specifically Regarding the Request to install a Bulkhead DATE: March 14, 1996 My previous recommendations, submitted on March 1, 1996, suggested that the proposed bulkhead be constructed landward of the wetland fringe, but I realized that such placement would not stop erosion. The applicant proposes to construct a bulkhead along the mean high water line in front of wetlands noted as "404". On March 14, 1996, I made a follow-up investigation of the coastal wetland fringe at the Island Creek site. I believe that the extent of the coastal wetland fringe is more than that reflected on the plat and as such warrants additional attention. Based on the this recent inspection I would like to make additional comments and recommendations. Although the adjacent wetland is primarily Black Needlerush, a bulkhead would remove the water connection and thereby remove the classification as a coastal wetland. Once this occurs we facilitate the loss of that resource. Based on this concern I would like to suggest an alternate method to stabilized the applicants shoreline. 1) A rip rap structure; or, 2) construction of a marsh enhancement breakwater system. Both of the above recommendations will afford protection while maintaining a water connection. If a rip rap system is placed along the edge of the wetland fringe the applicant could still maintain a narrow beach while protecting the wetlands. P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919.726-7021 FAX 919.726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director RECEIVED MAR 1 1 1996 �YINONA'IENTAI SC16VC�cS March 4, 1996 WA A74 * � IDEHNFR 960241 RECEIVED YM411FtINGTON OFFICE MAR - 6 IVV6 MEMORANDUM D. E. M. TO: Mr. A. Preston Howard, Director >> f Division of Environmental Management 10 17 DEC�iV FROM: John R. Parker, Jr. d MAY 13 19996 N Major Permits Processing Coordinator COWAL SUBJECT: CAMA/DREDGE & FILL Permit Application Review MANAGEMENT co Applicant: Island Creek Partnership Project Location: Off NC 12 and Island Creek Drive, between Spe ek & Pamlico Sound, Avon, Dare County Proposed Project: Major modification of Permit #19-89 to increase number of approved dwelling units from 14 to 16, construct a club house and swimming pool, and 402.68 linear feet of additional bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 25, 1996. If you have any questions regarding the proposed project, please contact Lynn W. Mathis at (919) 264-3901. When appropriate, in-depth comments with supporting data is 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 attached comments. Signed to the project for reasons described in the Date J 6 k 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 4, 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator A06"� L IDEHNFR SUBJECT: 'DREDGE & FILL Permit Application Review Applicant: Za and Creek Partnership Project Locate Off NC 12 & Island Creek Drive, between Spencer Creek & Pamlico Sound, Avon, Dare County Proposed Project: Major modification of Permit #19-89 to increase number of approved dwelling units from 14 to 16, construct a club house and swimming pool, and 402.68 linear feet of additional bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 25, 1996. If you have any questions regarding the proposed project, please contact Lynn W. Mathis at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. \ This agency has no comment on the proposed project. �1L,::f'Tfhis 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. Sign Y�� Date l 1 Cl —76 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: A&4 ED F-= Fz&O MAR 2 0 19A6 DMF-PUB. TUSUBLANDS TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator THROUGH: Ski. Wojciechowski ♦0 Il I FROM: Sara E. Winslow, Biologist Supervisor�F ) /Q 'A V " `� SUBJECT: Island Creek Partnership x/ R"gk121 DATE: 18 March 1996 The following comments by the North Carolina Division of Marine Fisheries are provided pursuant to General Statute 113-131. Spencer Creek and Pamlico Sound function as nursery areas for spot, croaker, weakfish, spotted seatrout, flounder, blue crabs, and other commercially and recreationally important species. This agency expresses the following concerns with the proposed project. The proposed 402.68 linear feet of bulkhead will impact the adjacent wetlands, by restricting the tidal exchange, thus impacting the functioning wetlands. Wetlands are of great importance serving as sources of biological productivity and providing food directly and indirectly. Finally, wetlands perform important roles in modifying acute impacts of hydrologic events, moderating stormwater flows, trapping sediments, and providing nutrients for incorporation into resident plants. In order to assure that this area may still function as a wetland, this agency would recommend either a rip rap structure or a low breakwater system. Even though the applicant states that no filling is proposed in coastal or "404" wetlands, it is quite apparent from the existing permit and modifications that loss of "404" wetlands has occurred. The proposed shading of —1,170 square feet of "404" wetlands by dwellings will eventually be lost. It will be virtually impossible to construct a dwelling without impacts to the wetlands since two are proposed. Based on the existing conditions on the site, violations of the existing permit have occurred. P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper John R. Parker, Jr. 18 March 1996 Page Two This agency approves of this project only if the bulkhead is replaced with either rip rap or a low water breakwater. The discrepancies concerning the los of "404" wetlands should also be addressed. State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 12, 1996 Q�� IDEHNR MEMORANDUM CFaICEINf TO:Mr. Charles R. Fullwood, Jr., Director Wildlife Resources CommissionAttn: Habitat Conservation Program 996 FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Island Creek Partnership PROJECT LOCATION: Spencer Creek off NC 12 & Island Creek Dr., Avon, Dare Co. ROPOSED PROJECT: Major permit Mod. #19-89 to construct a club house, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by April 2, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. 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. v 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_ Date 'Mp �ie;o Cook: Ncwl2�- May 21, 1993 P.O. Box 27687. Rdeigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper .F. „. �: .s. . _, a { �� \') 1 r `^ U f�� �i - i , (� 1. T .� n. "1 . � _.� 4 :1 +•� 1.: Ir 'v <. .( -i ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: , W2 William Wescott, Coastal Coordinator Habitat Conservation Program DATE: March 27, 1996 SUBJECT: CAMA major development permit and State dredge and fill permit application review for Island Creek Partnership, Avon, Dare County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. A site visit was conducted on March 26, 1996. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) The applicant requests a modification to CAMA Major Permit #19-89 to increase the number of approved dwelling units from 14 to 16, construct a club house and swimming pool, and bulkhead 402.68 linear feet of shoreline located between Spencer Creek and Pamlico Sound in Avon, Dare County. The project as proposed would result in the shading of 1,170 ftZ of 404 wetlands and include 91,485 ft2 of upland grading. Areas of environmental concern (AECs) on the project site include: public trust (PT), estuarine water (EW), estuarine shoreline (ES) and coastal wetlands (CW). Water classification is SA. Although the permit specifically states that no 404 wetlands will be filled, approximately 1,170 ftZ of wetlands will be shaded and subsequently lost. Wetlands such as those found on this site provide functions which benefit the public as well as fish and wildlife. Wetlands act as a stormwater runoff purification zone between upland areas and surface waters. Wetlands store and convey flood waters and provide shoreline erosion protection through attenuation of wave energy. Wetlands also serve as a physical habitat for numerous species of amphibians, reptiles, birds, and mammals. In some instances, wetlands serve as a spawning and nursery area for anadromous fish. Through deposition of detritus into adjacent waters, wetlands contribute large quantities of organic carbon, forming the food chain base and the resulting biological productivity for many aquatic ecosystems. We have concluded that no freshwater fishery resources will be directly impacted by the project as proposed. However, because estuarine and freshwater ecosystems overlap considerably in the Albemarle -Pamlico Sound region, and significant biological interactions occur between estuarine and freshwater fishes, there may be effects from this project which cumulatively and indirectly affect freshwater fishery resources. Due to these factors, the Wildlife Resources Commission will support recommendations by the N.C. Division of Marine Fisheries concerning this project which address protection of estuarine water quality and fishery resources. We appreciate the opportunity to provide input into this permit application review. If you need further information on these comments, please contact Chad Thomas, District 1 Fisheries Biologist at (919)3354961. I State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: March 4, 1996 Mr. Charles Gardner, Director Division of Land Resources John R. Parker, Jr. Major Permits Processing Coordinator Aj [DEHNFR CAMA/DREDGE & FILL Permit Application Review Applicant: Island Creek Partnership Project Location: Off NC 12 and Island Creek Drive, between Spencer Creek & Pamlico Sound, Avon, Dare County Proposed Project: Major modification of Permit #19-89 to increase number of approved dwelling units from 14 to 16, construct a club house and swimming pool, and 402.68 linear feet of additional bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 25, 1996. If you have any questions regarding the proposed project, please contact Lynn W. Mathis at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. \ /This agency has no comment on the proposed project. v ,C 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 ttached com%epts. ZASigned Date 1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone 919.264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper DIVISION OF LAND RESOURCES LAND QUALITY SECTION TO: John R. Parker, Jr./Stephen Benton Major Permits Processing Section Division of Coastal Management FROM: Patrick H. McClain Assistant Land Quality Regional Engineer Washin ton Regional Office SUBJECT: �llir�� This office will require that: 1. The area be properly graded. 2. A permanent ground cover,sufficient to restrain erosion be provided on all exposed areas within the shorter of 30 working or 120 calendar days after project comple- tion. 3. The exterior slopes of the disposal area dikes be at an angle no steeper than 1 1/2 H: 1 V. 4. Appropriate erosion and sedimentation control devices, measures, or structures be used to prevent sediment from entering the adjacent wetlands/watercourses/ property (e.g., silt fence, diversion swales/berms, sand fence, etc.). 5. A ground cover sufficient to restrain erosion be provided within 30 working days of completion of any phase of grading on cut or filled slopes. k-�6. An erosion and sedimentation control plan be submitted at least 30 days prior to initiation of land -disturbing activities. 7. Additional information concerning the area of the land- ward disturbance be submitted to determine if an erosion control plan is required. 8. Other: State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary IDFEE HNR DIVISION OF LAND RESOURCES LAND QUALITY SECTION March 15, 1996 Island Creek Partners 116 Sandy Ridge Road Duck, North Carolina 27949 Mr. and Mrs. John R. Hooper and Mr. and Mrs. Owen E. Finch c/o Mr. John R. Hooper P.O. Box 39 Buxton, North Carolina 27920 RE: Island Creek Avon - Dare County Dear Sirs, Mr. and Mrs. Hooper, and Mr. and Mrs. Finch: As an agency involved in the Division of Coastal Management's major permit application review process, we have determined that more than one acre will be disturbed by the activities as described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion and sedimentation control plan must be submitted to and approved by this office before development begins. The requiring of an erosion and sedimentation control plan is based on a mandatory standard for land -disturbing activity of the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4) and 113A-54(d)(4)], which states: No person shall initiate any land -disturbing activity, if at least one acre is to be uncovered, unless an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved. The plan must be submitted at least thirty (30) days prior to project commencement. The plan must include, but is not limited to, the following: 1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties which may be affected. Include contours if available. 2. Indicate critical areas such as wetlands, creeks, streams, drainageways, marsh, etc. 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-9753716 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Island Creek Partners Mr. and Mrs. John R. Hooper and Mr. and Mrs. Owen E. Finch March 15, 1996 Page 2 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. 4. Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas to be seeded, etc. 5. Include seeding and mulching specifications for both temporary and permanent stabilization. 6. Include any other pertinent information directed at controlling offsite sedimentation, slope degradation, and erosion. Please be advised that the plan will be considered incomplete, and the statutory review period will not begin, unless a non-refundable plan review processing fee, payable by check or money order made out to the Department of Environment, Health and.Natural Resources, is included. The amount of the fee is based on $30 for the first disturbed or affected acre, plus $20 for each additional whole or fractional acre of land to be disturbed (including offsite borrow or waste areas). To begin this project without the approval of an erosion/ sedimentation control plan will be considered a violation of the Act and may lead to the assessment of a civil penalty of up to $500.00 per day for each day the project is deemed in violation. For your convenience, we are enclosing a guideline for developing a plan. If you should have any questions, feel free to contact me. Sincerely Patrick H. McClain, P.E. Assistant Regional Engineer PHM:jt Enclosures cc: Joe Lassiter, Quible and Associates John R. Parker, Division of Coastal Management State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A&4% IDEHNR DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 10, 1996 LETTER OF APPROVAL Island Creek Partners ATTN: Mr. John R. Hooper, Owner 116 Sandy Ridge Road Duck, North Carolina 27949 RE: Erosion and Sedimentation Control Plan Island Creek, Phase 2 Avon - Dare County Date Received: April 24, 1996 Responsible Party: Island Creek Partners Dear Mr. Hooper: This office has completed its review of the erosion and sedimentation control plan for the referenced 1.6 acre disturbance. We find the plan for the construction of roads, driveways, 2 retention ponds and a pool to be acceptable and hereby issue this LETTER OF APPROVAL . The Sedimentation Pollution Control Act (copy available upon request) established a program requiring a project owner or developer to protect adjoining natural resources and properties, both during and after construction, from the effects of accelerated erosion. This program is performance oriented. It is your responsibility to understand and comply with the requirements of the Act. In addition to any listed modifications or conditions, the following also apply to the approved plan: -- an erosion and sedimentation control plan is only valid for 3 years following the date of initial approval, if no land -disturbing activity has been undertaken; -- a copy of the latest approved soil erosion and control plan must be on file at the job site; 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-9753716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Island Creek Partners ATTN: Mr. John R. Hooper, Owner May 10, 1996 Page 2 -- a buffer zone, sufficient to restrain visible sedimentation, must be provided and maintained between the land -disturbing activity and any adjacent property or watercourse; , -- new or affected slopes must be at an angle that can be retained by vegetative cover; -- barren slopes must be provided with a ground cover sufficient to restrain erosion within 30 working days of completion of any phase (rough.or final) of grading (RYE GRASS IS NOT in the approved seeding specifications nor is it an ACCEPTABLE substitute for the providing of a ground cover); -- a permanent ground cover, sufficient to restrain erosion, must be provided within the shorter of 30 working or 120 calendar days after completion of construction or development; and -- this approval is not automatically transferred with a change in project ownership. Be advised that to ensure compliance with the approved plan and the program requirements, unannounced periodic inspections will be made. If the implemented plan is determined to be inadequate, this office may require that it be revised to comply with state law. Failure to comply with any part of the approved plan or with any requirements of this, program, could result in the taking of appropriate legal action against the financially responsible party (Island Creek Partners). One option is the assessing of a civil penalty of up to $500 per day for each day the site is out of compliance. . In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of the approved erosion and sedimentation control plan. It would be appreciated if you would contact this office to advise Richard Peed (ext. 374) of the construction start-up date, contractor and an onsite contact person or complete and return the attached Project Information sheet to the above named. Island Creek Partners ATTN: Mr. John R. Hooper, Owner May 10, 1996 Page 3 The land -disturbing activity described in this plan may require approval or permitting from other Federal, State or local agencies. These could include the U.S. Army Corps of Engineers under Article 404 jurisdiction, the Division of Environmental Management under water quality regulations (contact Bill Moore, 919-946-6481, Ext. 264), county, city or town agencies under other local ordinances, or other approvals that may be required. This approval cannot supersede any other approval or permit. Sincerely, Patrick H. McClain, P.E. Assistant Regional Engineer PHM:pm Enclosures cc: James M. Conners, RLA, Quible and Associates John R. Parker, Division of Coastal Management t411r �� r4L 96 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: Applicant: [DEHNFR March 4, 1996 Mr. Robert E. Chandler, Director Division of Community Assistance John R. Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Island Creek Partnership MPR��pt Project Location: Off NC 12 and Island Creek Drive, between Spencer Creek & Pamlico Sound, Avon, Dare County. Proposed Project: Major modification of Permit #19-89 to increase number of approved dwelling units from 14 to 16, construct a club house and swimming pool, and 402.68 linear feet of additional bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 25, 1996. If you have any questions regarding the proposed project, please contact Lynn W. Mathis at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY '� This agency has no objection to the project as proposed. his 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 d scribed in the aft he comments. 7 1�' Signed Date L- 1367 U.S. 17 South, Eltzabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 12, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways RSLN'61996 Mp��E� FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: land Creek Partneship PROJECT LOCATION: Spencer Creek off NC 12 & Island Creek Dr., Avon, Dare Co. PROPOSED PROJECT: Major Mod. permit #19-89 to construct a club house, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 2,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY-,_ / This agency has no objection to the project as proposed. V 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 a ched o eats. Signed Date P.O. Box 27687, Raleigh, North Ccrolino 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 12, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Re # L q APPLICANT: Oland Creek Development PROJECT LOCATION: Spencer Creek off NC 12 & Island Creek Dr., Avon, Dare Co. PROPOSED PROJECT: Major Permit Mod. #19-89 to construct a club house, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 2, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. x This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed / Date A P.O. Box 27687. Rdeigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper W State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 15, 1996 MEMORANDUM TO: P. A. "Ski" Wcjciechowski Division of Marine Fisheries E:)FEE HNF1 o�J MAR179M6 DMF-PUB. IDS FROM: FROM: John Parker CDn, Major Permits Processing Coordinator RECENO SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: CLsland Creek Partnership PROJECT LOCATION: Spencer Creek off NC12 & Island Cr. PROPOSED PROJECT: To request major mod. of permit #19-89 to increase dwelling units, construct club house, etc. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. c,� It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. /L /1 e,-"X0 of p,1V W d'i "'97-1-40 'rlc 7 76H.✓n, H0aP.f/1 F'l,Rl. Signed Date •zo%6 A'c,gT/y 6/- '%/H- /1f_,irD /t/cGorLO/r0 „ -67o,k 7S"� a, P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 12, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History E) FE F3 FROM: John Parker, Jr. k algy 9 �VEQ Major Permits Processing Coordinator MqH TA146 �fM i SUBJECT: CAMA/DREDGE & FILL Permit Application Revie 47 'i APPLICANT: Island Creek Partnership 9 5 PROJECT LOCATION: Spencer Creek off NC 12 & Island Creek Dr., Avon, Dare Co. PROPOSED PROJECT: Major Mod. of permit #19-89 to construct a club house, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 2, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. 1L' 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 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Aj2i Division of Coastal Management James B. Hunt, Jr., Governor L Jonathan B. Howes, Secretary [D E H N FR Roger N. Schecter, Director April 29, 1996 Mr. Joe Lassiter Quible & Associates P. O. Drawer 870 Kitty Hawk, NC 27949 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to carry out construction on property located off NC 12 and Island Creek Drive, between Spencer Creek and Pamlico Sound, Avon, Dare County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make July 9, 1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, John . Parker Major Permits Processing Coordinator JRP:jr/aw cc: Lynn Mathis DCM-Wilmington P.O. Box 27687, �C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/ 100/ post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources ` o Division of Coastal Management r James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E)E H N FR Roger N. Schecter, Director March 4, 1996 Mr. Joe Lassiter Quible and Associates P. O. Drawer 870 Kitty Hawk, NC 27949 Dear Mr. Lassiter: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located off NC 12 and Island Creek Drive, between Spencer Creek and Pamlico Sound, Avon, Dare County. It was received on February 10, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 25, 1996. 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. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%postconsumer paper March 4, 1996 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, 4 �. "4 Lynn W. Mathis Field Representative III LWM/dc Enclosure cc: John Parker Richard L. Watts Quible Quible & Associates, P.C. ENGINEERS • ENVIRONMENTALISTS • SURVEYORS • LANDSCAPE ARCHITECTS • PLANNERS P.O. Drawer er 870949 Kitty P.O. Drawer SINCE 4959 Phone: 949-261.3300 Fax: 919-264-1260 RECEIVED PRINCIPALS H.W. Bill Gilbert. Ill. P.E. December 20, 1995 Joseph S. Lassiter. S.E.S. DEC 2 2 t995 F. Richard hardQ C. Owen. R.L.S. William C.ible, P.E.. R.L.S. ASSOCIATES Sean C. Boyle. P.E. Eduardo J. Valdivieso. P.E. Mr. Richard Watts, District Manager NC Division of Coastal Management 1367 US 17 South Elizabeth City, NC 27909 Re: Major CAMA Permit Application Island Creek - Avon, Dare County, NC Dear Mr. Watts: The purpose of this letter is for Quible and Associates, P.C., on behalf of the property owners, Island Creek Partners, J. R. Hooper, Olin E. Finch, and G. C. Finch, to make application for a CAMA Major Development Permit. The subject property is an approximately 6.8 acre tract of land divided into parcels A and B. The project is located adjacent to Spencers Creek and the Pamlico Sound off NC 12 in Avon, Dare County, North Carolina. The development proposed is a redesign of an existing project where additional land was included to reduce overall development density. The original CAMA Permit showed 14 units. With the addition of parcel A the number of units has been increased to 16 but the overall density has been decreased. The development proposed is the construction of 8 single family residences with an associated clubhouse and swimming pooL Also proposed are associated roads and an expansion of the bulkhead system along the shoreline. Enclosed with this correspondence is the Major CAMA Permit Application, a plan view plat which indicates the development proposed, copies of letters to adjacent riparian property owners and a check for $250.00 made out the Department of Environment, Health and Natural Resources to cover the cost of processing the permit application. We request on behalf of the property owners that you review the enclosed information and initiate the formal review process. If you have questions or need additional information please contact me at 919-261-3300. If you would like to have an on -site meeting concerning this project please let me know. We further request that all correspondence and agency comments be forwarded to this office at the address on this letter head. Sincerely yours, Quible and Associates, P.C. Josep assiter, CEP Epviionmental Scientist CC: J. R. Hooper O. E. Finch G. C. Finch Island Creek Partners Bill Gilbert Quible Quible & Associates, P.C. ENGINEERS • ENVIRONMENTALISTS • SURVEYORS • LANDSCAPE ARCHRECTS • PLANNERS SINCE 1959 March 18, 1996 Ms. Lynn Kathie N.C. Division of Coastal Management 1367 US 17 South Elizabeth City, NC 27909 Re: Major CAMA Permit - Island Creek Dear Ms. Mathis: P O. Dower 870 „r Kitty Hawk. NC 27049 �� Phone. 919-261-3300 1 Fox. 919-261-1260 PRINCIPALS R�cEi H W. Bill Gilbett III, P E Joseph S. Lassiter. S.E S. Ayler M^ y William C. Owen, R L S h, P.F.. R L.S. CO^l M Iw7 W F. Riohoro Ib ASSOCIATES MANAGEMENT sincA Boyle Eouoroo J. Valoivieso, P E The purpose of this letter is for Quible and Associates, P.C, to request your field report and all agency comments relative to the review of the Major CAMA Permit application that our firm has submitted on behalf of Mr. John Hooper and Mr. and Ms. Olin and Georgia C. Finch for the Island Creek Project in Avon, Dare County, North Carolina. Based on my 3/18/96 telephone conversation with Mr. Raleigh Bland of the U.S. Army Corps of Engineers (COE), your field report Indicates that the wetlands line on the CAMA plat is inconsistent with the approved 404 wetlands plat for the property. My review of the plat submitted to you with the Major CAMA Permit application indicates that the wetlands line represented on that plat is consistent with the current and approved COE Section 404 wetlands line. The wetlands line indicated has been the approved line for the property since at least 1992 and has been reconfirmed by the Corps in the last month. I am therefore concerned that your assessment of the project may be misleading to the review agencies and bias their decision on the project. I know that Mr. Bland had a misconception based on his review of your report. Thank you for your attention to this request. Please forward your field report and reports from other review agencies at your earliest convenience. I will review these materials and be in touch. Sincerely yours, ible nd sociates, P.C. Joseph S. Lassiter, CEP --Environmental Scientist CC: Preston Pate John Hooper John Parker Raleigh Bland Olin Finch Georgia Finch Z 330 774 590 Receipt for Certified Mail No Insurance Coverage Provided • Do not use for International Mail ,,,,,, p ILLYrvKK (See Reversal M Senl t0 Avon Sound t Street and No. Sand Rid a Rd. 116 ... P.0 . State and ZIP Code Duck NC 21949 GPostage $� co € cethnea Fee ' Q t O LL Special DelivetY Fee N a 'Rasuictetl Delivery fee i Peru,. Receipt Showing to Whom & Date Delivered ' Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees / ' 'Postmark oyUale• - Z 330 774 581, Receipt for Certified Mail Igor No Insurance Coverage Provided Do not use for International Mail Asi:°Yrvfre (See Reverse) m Sent to W. H. Fulgham S rent and Nu 722 W/ Riverside P.O., State and ZIP Code Suffolk, VA 23434 _ Postage $1.10 Certified Fee Special Delivery Fee restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt $Myvifig}lo Whom, Data. and Addrespek'-J Address 1 .10 TOTAL Postage & Fees Postmark or Date C' Z 330 774 567 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail '°"Y"pYCe (See Reverse) en Sent to I Tim Mid ett Mid ett = Street and No. PO Box 250 P.O., State and ZIP Code 27943 -• gAtteras NC 4 p Postage $ 1 .11J O I.L. Special Delivery Fee d Restricted Delivery Fee Retum Be start Showing 1 . ,o Whom Data Delivered am, Return Receiptessoal Dale, and Adtlresspere. dgld�P. art TOTAL Postage'•:� �' { & Fees Postmark or!Dale G" I Quible Quible & Associates, P.C. P.O. Drawer 870 ENGINEERS • ENVIRONMENTALISTS • SURVEYORS • LANDSCAPE ARCHRECTS • PLANNERS Kitty Hawk. NC 279499d9 SINCE 1959 Phone: 919-261-3300 F,rnrglG j) Fax: 919.261-1260 , D PRINCIPALS H.W. Bill Gilbert. III. P.E. RB4rURN RFAMEr REQUESTED DEC 2 2 1995 JWi Dam S. LOwen. R.L.S. F. Richard Quible. P.E.. R1.S. December 20, 1995 ASSOCIATES Sean Boyle, P.E- Eduardo J. Valtliview. P.E. Avon Soundside Partners 116 Sandy Ridge Rd. Duck, NC 27949 Dear Avon Soundside Partners: This letter is to notify -you as an adjacent riparian landowner of Island Creek of their plans to construct eight single family residences, a clubhouse, swimming pool and associated roads and infrastructure on their property located adjacent to Spencers Creek and the Pamlico Sound in Avon, Dare County, NC. The enclosed plat accurately depicts the proposed construction. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement and return this letter to: Air. Joe Lassiter, Quible and Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Should you have objections to this proposal, please send your written comments to NC Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. �JOs• Lassiter,.. �.-Environmental Scientist I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature Quible Quible & Associates, P.C. P.O.Orower 870 airy Hawk. NC 27949 ENGINEERS • ENVIRONMENTALISTS • SURVEYORS • LANDSCAPE ARCHITECTS PLANNERSpoone; 919.261-3300 Ego 919-261-1260 SINCE 1959 J RECEIVED PRINCIPALS Joseph S.H.W. Bill Gas ".e.1lllS.E.S. RET[IRN ji � RMU—FZ DEC 2 2 1995 F. R;�� I;a e� le a.E.. R L.S. ASSOCIATES December 20, 1995 Eduardo Se`v tlC. we•o. P.E. Mr. Tim Midgett Midgett Realty PO Box 250 Hatteras, NC 27943 Dear Mr. Midgett: This letter is to notify you as an adjacent riparian landowner of Island Creek of their plans to construct eight single family residences, a clubhouse, swimming pool and associated roads and infrastructure on their property located adjacent to Spencers Creek and the Pamlico Sound in Avon, Dare County, NC. The enclosed plat accurately depicts the proposed construction. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement and return this letter to: Mr. Joe Lassiter, Quible and Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Should you have objections to this proposal, please send your written comments to NC Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, e and Associates, P.C. J Josep Biter, CEP En ' pin tal Scientist I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature Date Quible Quible & Associates, P.C. P.O. Drawer 870 ENGINEERS • ENVIRONMENTAUSTS • SURVEYORS • LANDSCAPE ARCHITECTS • PLANNERS plry Hawk. NC 27949 RFCFIVED Phone: 919-261.3300 SINCE 1959 Fan: 919-261-1260 CERTIMM� DEC 2 2 1995 H.W. Bill Gilbert.111. PRINCIPALS RECHJP_T RE9IIESTED Joseph S. Lassller. S.E.S. wiilinn' C. Owen. R.L.S. F. Richard Quible. P.E.. R.L.S. ASSOCIATES December 20, 1995 Sean C. Boyle. P.E. Eduardo J. Vo1CNleso, P.E. Mr. W. H. Fulgham 722 W. Riverside Suffolk, VA 23434 Dear Mr. Fulgham: This letter is to notify you as an adjacent riparian landowner of Island Creek of their plans to construct eight single family residences, a clubhouse, swimming pool and associated roads and infrastructure on their property located adjacent to Spencers Creek and the Pamlico Sound in Avon, Dare County, NC. The enclosed plat accurately depicts the proposed construction. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement and return this letter to: Mr. Joe Lassiter, Quible and Associates P.C., PO Drawer 870, Kitty hawk, NC 27949 as soon as possible. Should you have objections to this proposal, please send your written comments to NC Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Q ' and Associate . Jo p Laser, CEP E omnental Scientist I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature EXOk7St3pcEXHIBIT A O O 5 All that certain parcel of land located in Kinnakeet Township in the vicinity of the Village of Avon in Dare County, North Carolina and more particularly described as follows: Beginning at a point marked by a concrete monument marking the western right of way of N.C. Highway 12, which highway has a 100 foot right of way at marking the this point and the point of beginning also northeasternmost corner of property known as Pamlico Point Condominiums at the intersection ' N.C. 12;e with the right of way of South o th running thence from e point of beginning a course of concrete monumentWethencelecontinuin448.15 to appoint marked by a high water mark of Spencer Creek; thence continuing distance of 33.75 feet, more or leseg tooaPoint th 89 53' 19" West a marking acrossthe Spencer ean Creek a course of South 890 53' 19" West a distance of 100.12 feet, more or less, to a point in the western high water mark of Spencer Creek; thence continuing South 89° 53' 19" West a distance of 654.75 feet, more or less, to a point marked by a 4 x 4 wood post; thence continuing South 89° 53' 19" West a distance of 16.21 feet, more or less, to a point in and marking the mean high water maric of the Pamlico Sound; thence turning and following the high water mark of the Pamlico Sound and the general courses and meanderings thereof the following courses and distances: North 290 30' 31" East a distance of 126.29 feet; thence North 240 48' 04" East a distance of 76.44 feet to a point; thence North 610 37' 15" East a distance Of 198.35 feet to a point; thence North 770 50' 04" East a distance the preeding for calls• following°thepmean highewateramarkoofpthe(PamlicocSound inua general diretion; North 89°n55t'h00" East andistance ortheasteofy396.42cfeet) to to Pointhencermunning arked by an iron pin; thence continuing North 89° 55' 00" East a distance of 16.79 feet, more or less, to a point in and marking the western high water mark of Spencer Creek; thence turning and following the high water mark of Spencer Creek a course of South 310 35' 29" West a distance of 17.44 feet to a point; thence continuing along the high water mark of Spencer Creek,South 160 20" 00' stance of 63.67 feet to a point; thence " West 88.81 feet to a point; thence South 090 58' 13" West a di19 to a point; thence South 09° 10' West a distance of 61.02 feet South 07° 29' 27" East a distance of 53.03 feet to a point; thence turning and running North 890 53' 19" East a distance of 100.12 feet, more or less, and crossing Spencer Creek to a point on the eastern high water mark thereof; 0distance fthence North UO° 87 eastern high watermarkofSpencer Creektothence North 09°a Point, wing 19'e' East a distance of 44.86 feet to a point; thence North 160 27' 24" East a distance of 30.97 feet to a point; thence turning and running North 89° 55' 00" East a distance of 44.98 feet to a point; thence South 810 04' 11" East a distance of 81.87 feet to a point; thence North 890 55' 00" East a distance of 393.70 feet to a point marked by a concrete monument and located in the western right of way of N.C. Highway 12; thence turning and following the western right of way of N.C. Highway 12 a course of South 23° 11' awe West a distance of 1y9.80 feet to the point or place of beginning. There is also conveyed all property lying within the boundaries and under the waters of Spencer Creek, Which creek runs through and crosses over the property described hereinabove. All riparian rights incidental to the ownership of the property described above shall be understood to be conveyed by this description. I. `.. t BK750rG0004 The property herelnabove described was acquired by Grantor by Instrument recorded In............................................................. Book 579 at page 727 and Book 579 at page 730, both of the Dare County Registry A map showing the above described property Is recorded In Plat Book .................................... page......................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee In fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises In fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons Whomsoever except for the exceptions hereinafter stated. Title to the property herelnabove described is subject to the following exceptions: Easements and restrictions of record, if any, in the Dare County'Registry. IN WITNESS R'IIERF.OF, the Grantor has hereunto set his hand and seat. or If corporate. has canard this Instrument to be Dxnrd In It. carp orale name by Its duly auther12ed officers and It. seal to be hereunto alflaed by aulhorit) of Its lloard of Directors, the day and Voss first above written. AVON�S�SIUNDSIDE PARTNERS ______________ i• BY_---Olin-TIAEi ,................ (SEAL) (Corporate Name) GeiieraI Paztnei o BY: ..................................... ____________________ 1r(SEAL) ............................ President '. ATTEST: `' i..............................................................(SEAL) L _ '.________;,,-cr.+�s+.�__. __Seetlla rY (corporate Seal) V rAaiP.NIP "' 4FLr 'Noaru cnnoLlNA,--------- Ra1[g------------------- County. -•"'1 jv '�. Olin Finch. Gene t�•,/l/a 11 y 1, a Notary Public of the County and Slate aforesaid, certify that __ _. a_. _.. _..>•AL______ ----- Partner of Avon Soundside Partners,a NC General Partners111 PUBIIv . X1. Ipl •personally appeared before me this day and aa'know•Itdged the execution of the foregoing Instrument. Witness my Y1 t'A �V,yrlo t�ayq 7 hand and official stamp or seal, this a7+h day of ______________________�u^f alpya;l,.yma'" I'plY commission expires: — ........ .R/7y n?_____________------- Nolar, Public SEAL -STAMP NORTH CAROLINA- ---------------------------------- County. 1, a Notary Public of the County and Stale aforesaid, certify that ------------------------------------------ personally came before me this day and acknowledged that ____ he Is ___________________________ Secretary of y....................................................... • Norll. Carallna rorl'orallan, and that UY auOlorllY duly u 9 given and as the act of the catPorsllan, the foregoing Instrument was signed In Its n>me DY Its ... .......... President, sealed with Its corporate seal and attested by _.__....... as Its ................... __...... Secretary. Witness my hand and official stamp or teal, this ....... day of ___________________________ 19......... fly commission expires! ______________________________________ ......... _--------------------- Notary Public The foregoing Certlilcate(s) of --- ,,ag t Page titled g].treat. . ed to be correct. TUb Instrument ap ,,,at certificate are duly registered at the dale and time and In the nook and Page shown on the I/ ------ ----- �t•.�17 ��.�___ _ __ ___ _ _REGISTER OF Dr..Eni: FOn_. -'-7 ---- `. --------------- COUNTY By ........... n1.1.11.1.i.1-. .�ahmF/Nmgnt-nrthirr of Dellis N. C. Dar Assoc. Fmm No. ] a 1976. IleHaeJ �tl 1977-,..,., xe... a e.. w.a.. Nr, r.,.,..,•w, Y e elm, r.w,r e. /•r•..^•....na IM a. e. u, a—..- lul . ,r: : '!j�Y 'taaaA it. .. ,i: .,'e .i, :. n ..:: ,•:1 nY- -1 r. ..;..S..,r. !...,.,... ..r...F..,,.. _. ii eta ,.�:', 1, •'. , ..i � �1� ,t- i,�S.:1:� !a. t .k'.' i. tr 1, .,J.,.I r...•.` :t� _.lip;:`,.:.:.:::_i•:...s:_�.._._._ t f • L T O Imo( 1 15- q I LW Excise Tex •— (^j 'I 0K75.8.P000a3 FILED '91 JUL 3 P19 2 40 Recording Time, Hook and Page Tax Lot No........................................................................................... Parcel Identifier No................ Verifiedby........................................................................ County on the ................ clay of ................ by M ....., 19............ Mall after recording toS.tar.key... Sharp ...... SHARP ...... M.ICHAEL.,...OUTTEN..and ...GRAHAM,....P.-...0. Drawer••• 1.0.2.7.,....K.i.t. t.y... Hawk ...... N.0 .... 2.7-94.9........................................................................................................................................................ This Instrument was prepared byS.tar.key.... Sharp,...Attorne.y _at:...Law,...Ri.t.ty...Hawk,—N.C... 2.794.9............... .Brief description for the Index ; KINNAKEET TOWNSHIP F-6495 NORTH CAROLINA GENERAL WARRANTY DE D THIS DEED made this 25.th.... day of...Iu,ne........................... ..... , 11)9.1 .. , by and between GRANTOR AVON SOUNDSIDE PARTNERS, a North Carolina General Partnership GRAN'rEE ISLAND CREEK PARTNERS, n North CarolinaGeneral Partnership of No. 9, Sandy Ridge Road Duck, NC 27949 Enter In appropriate block for each party: name, address, and. If appropriate, character of entity, e.q. corporation or partnership The designation Grantor and Grolice ns used herein shall Include said hit l'tlCa, their helrB, eal'CCflflar`.', (11111 IlA9IKllfl, atilt. shall Include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey onto the Grantee In fee simple, nil that certain lot or parcel of land situated in the City of .............. .•. ....... ,..,..... Kin na k ee t I.a,IIsbIp. Dare .................................................... County, North Carolina and more particularly described as follows: See attached description labeled- "Exhibit A11 and incorporated herein by reference. N. C. arc Avoc. Form No.1 D 1976. Rc11seJ rsl 1977 - LnN roll,,., a Co., IN.. r,o us. r.nlr.no. N. C. noss II:nIM IY aln,mnl wll� IN N. C. en •,ne. - Irrl RECFIVFD DEC 2 2 199S /v�T/� L• r r,: 0i J I G al�iu This Instrument should be mailed to the preparer, Jean -Louise C. Dixon, at Post Office Box 750, Avon, NC 27915 Brief Index Description: Parcel In Avon Parcel Identifier Number: Excise Tax: $ NORTH CAROLINA GENERAL WARRANTY DEED THIS WARRANTY DEED is made this R3' day of June, 1995 by and between: ATLANTIC ESTATES, a North Carolina General Partnership, consisting of William M. Fulgham, T. Stockton Midgett and Anderson Midgett, General Partners (hereinafter referred to in the neuter singular as "the Grantor") and JOHN R. HOOPER, OLIN E. FINCH and Wife, GEORGIA C,. FINCH 116 Sandy Ridge Road Duck, N.C. 27949 (hereinafter referred to In the neuter singular as 'the Grantee') : WITNESSETH, that the Grantbr, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these present -foes hereby give, grant, bargain, sell and convey unto the Grantee, its heirs, successors, administrators and assigns, all of that certain lot or parcel of Ian situated near the Village of Avon, Kinnakeet Township of said Dare County, North Carolina, and more particularly described as follows. All that certain parcel of land situated in or near the village of Avon, Kinnakeel Township of said Dare County, North Carolina, and being a part of that properly referred to as "TRACT IV," as described in a deed to the grantor recorded in Book 535. Page 483 and corrected In Deed Book 541. Page 285 of the Dare County Registry, and more particularly described as follows: Beginning at that point where the Northern properly line of the property now or formerly owned by Island Creek Partners, as recorded by Deed in Deed Bonk 758, Page. 3 at the Dam County Registry, meets the Pamlico Sound, proceeding thence along the meanderings of the Pamlico Sound in a generally Northerly direction and then a generally Easterly Direction, and Ilion a generally Soulhaidy Direction to that point marking where the Western Edge of that body of water known as Spencer Creek meets the Northern boundary of that property recorded in Deed Book 758, Page 3 as noted above, proceeding thence in a Westwardly direction along the boundary line of that property now or formerly owned by Island Creek Partners approximately 390 feet to the point or place of beginning. This being that property conveyer! as Tract IV by Deed recorded in Book 535, Page 483 of the Dare County Registry, that lies to the North of the property now or formerly owned by Island Creek Partners and also bounded by the Pamlico Sound and that body of water known as Spencer Creek, comprising approximately 1.84 acres. The properly herein described was acquired by the Grantor by deed recorded in Bonk 535 at Page 483, in the Public Registry of Dare County