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HomeMy WebLinkAbout25-14 MM 2016 Letendre, Elizabeth:Permit Class MODIFICATION/ MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ��rrrYit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Elizabeth E. Letendre 46 Eden Road Rockport MA 01966-2335 Authorizing development in Permit Number 25-14 County at adjacent to Atlantic Ocean, at 1441 Ocean Pearl Road, in Ocean Beach S/D, in Corolla, as requested in the permittee's application dated 6/21/16, including attached workplan drawings(1) dated revised 6/17/16. Currituck This permit, issued on September 12, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development — "Hatters Ramp' 1) Unless specifically altered herein, this Major Modification authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including a 200'x10' "Hatteras ramp" and accessway, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. . 12) The "Hatteras ramp" shall not exceed 10' in width and shall be constructed of wooden sections .: fastened together over the length of the affected dune area. 3) The construction of the "Hatteras ramp" and associated accessway shall comply with all minimum setback requirements established by local regulations. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the ualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. This permit must be accessible on -site to Department .personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. ''All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that ' your project is consistent with the North Carolina Coastal ` Management Program. -'' a Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Elizabeth Letendre Permit No. 25-14 Page 2 of 2 ADDITIONAL CONDITIONS 4) The authorized accessway sited seaward of the oceanfront setback shall be constructed of clay, packed sand, or gravel. 5) Any areas of vegetation that are disturbed during construction of the "Hatteras ramp" shall be revegetated as soon as feasible following construction. 6) This Major Modification does not authorize any trespass on adjacent properties during construction unless approval from impacted property owners is first obtained. General 7) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 8) No excavation or filling of any open water area is authorized by this permit. 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 11) This Major Modification shall be attached to the original of Permit No. 25-14, which was issued to the - permittee on 3/17/14, and the Minor Modifications issued on 7/9/15 and 6/2/16, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 12) Unless specifically altered herein, all conditions -and stipulations of the active permit remain in force under this Major Modification. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project and assigned SAW 2013- 01656. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 2013-0708 V3. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. NOTE: An application processing fee of $250 was received by DCM for this project. Received JUN 2 5 2016 Elizabeth Letendre Lot 8 — Ocean Beach ®CM"EC Currituck County, North Carolina Sequencing Document Amended June 21, 2016 The premise of the Section 404 of the Clean Water Act permitting process is to allow no discharge of fill material in waters of the United States if a practicable alternative exists that is less damaging to the resource(s). In order to obtain a permit to place fill within "Waters of the United States", it is necessary to demonstrate that practicable steps have been taken to avoid impacts, unavoidable impacts have been minimized, and that compensatory mitigation will be provided for the unavoidable impacts. This process is referred to as sequencing, and this document will endeavor to articulate measures taken to follow this process in the pursuit of the project's purpose for the application made on behalf of Elizabeth Letendre at Lot 8, Ocean Beach, Currituck County, North Carolina. Proiect's Purpose: The Currituck Outer Banks is a favorite vacation area and an increasingly attractive venue for weddings. Because the Currituck County Unified Development Ordinance allows the construction of structures in the off -road areas of the Outer Banks that can accommodate wedding parties, the area becomes even more attractive. The project envisioned included ample room for vacationing parties and would capitalize on the breathtaking views of the Atlantic Ocean. Scenic vistas of the Atlantic Ocean do not, however, satisfy the basic purpose of whether this project is water dependent. It could be argued that the project, much like most rental homes on the Outer Banks, requires proximity to water in order to be desirable and economically feasible. Regardless, the search for properties revealed that the available properties with the area necessary (+/- 2.0 acres) to achieve the project's purpose were oceanfront. The following table demonstrates the available properties in 2011 and 2012 when the applicant was searching for a site. TABLE A AVAILABLE PROPERTIES 2011 & 2012 Lot Number & Subdivision Address Suitability Lot 15 — Swan Beach 1625 Sandfiddler Road Unbuildable Lot 1 — Section 1 North Swan Beach 2003 Sandfiddler Road Inadequate Area 1.01 Acres Lot K — Section 3 —North Swan Beach 1977 Sandfiddler Road Inadequate Area (1.21 Acres) Sold at Beginning of Search - 9-20-11 Lot J — Section 3 — North Swan Beach 1981 Sandfiddler Road Inadequate Area 1.21 Acres Lot 62 — Carova Beach 2029 Sandfiddler Road Inadequate Area 0.71 Acres Lot 14 — Carova Beach 2523 Sandfiddler Road Inadequate Area 0.64 Acres Lot 8 — Ocean Beach 1441 Ocean Pearl Road Adequate and Available Based on the property search, Lot 8 Ocean Beach was chosen as the only available property with adequate area to achieve the project purpose. Lot 8, Ocean Beach Subdivision (site) was recorded June 24, 1976 and purchased by the applicant in April of 2012. The +/- 3.67-acre parcel underwent a planning process to accommodate the construction of a residence, swimming pool, dune walkway, wooden deck, and a pre-treatment wastewater system to service the proposed 24 bedrooms. As a part of the process, wetlands subject to Section 404 of the Clean Water Act were identified. JUL 2 2 2016 ACM" Wit) ITN( Minimization: Currituck County Outer Banks is a heavily regulated area due to the presence of numerous State, Federal, and local programs focusing on the resource for which they are charged to manage. The skill required to address the myriad of regulations and maintain the purpose of the site development involve a number of practitioners from various disciplines: surveyors, engineers, architects, developers, builders, and environmental consultants to name a few. Each discipline weighed in to provide a composite of all the required components of the project and how they are impacted by the myriad of setbacks and other regulatory constraints and requirements. This resulted in a building envelop in which the project could be situated. The site generally extends from the Atlantic Ocean fore beach, rising to the crest of the frontal dune, then proceeding west into a trough which contains two areas of wetlands (4,301 sq. ft. and 8,208 sq. ft.), continuing to another dune ridge and loosing topographic relief to the west where four wetland areas exist (550 sq. ft., 418 sq. ft., 2,527 sq. ft., and 21,416 sq. ft.). The wetlands on the west portion of the property extend towards Ocean Pearl Road and then continue through the ridge and swale system (off site) to the Currituck Sound. Because of the extensive wetland complex extending from the middle ridge to the west and onward to the Currituck Sound, the site improvements were tucked around the wetlands in this area, and no wetlands are proposed to be filled. An advanced pretreatment wastewater system was utilized to minimize the setbacks from wetlands and the size of the system reducing potential impacts to wetlands. Development activities were focused on the east side of the middle ridge and yet landward of the setback requirements imposed by CAMA. This envelope contained wetlands which were unavoidable. Applications for a CAMA Major Development Permit and Department of Army Permit (SAW-2013-01656), well permit, wastewater approval from the North Carolina Division of Environmental Health, Water Quality Certification, State Stormwater Permit from the North Carolina Division of Water Quality, and other local approvals were submitted and approved. Permits which have been issued include: • Well Permit #45838 Water Quality Certification — DWR #13-0708V2 • CAMA Major Development Permit 925-14 • Wastewater Approval DWQ #45810 Section 404 Permit SAW-2013-1656 Access to the parking on the west side was anticipated; however, recently the owner of the east -west access road to the north (Munson Lane) has notified the applicant that access will be closed (See attached letter from Gregory Wills). The only other alternative for access is the proposed dune crossover (Hatteras Ramp) and driveway which will impact an additional 1,006 square feet of wetlands on the north side of the existing residence. The roadway is proposed to be constructed by undercutting and a base prepared on grade to provide load bearing driveway. Mitigation: Providing that the Section 404 Guidelines have been satisfied to determine that the design represents the least environmentally damaging practicable alternative, mitigation can be tendered. Mitigation credits for previous impacts have been satisfied, and The Great Dismal Swamp Restoration Bank, LLC has provided a letter of commitment for the revised impacts. RECEXNX0 JUG 2 2 zm1 DCM MND C;1 IN Mra APPLICATION for I Klemm Major Deeelopmeet Permit JUN 2 8 2N (last revised 12/27106) DCM-EC North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Elizabeth MI E. Last Name Letendre Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional page(s) with names listed. Mailing Address 46 Eden Road PO Box City Rockport State MA ZIP 01966-2335 Country USA Phone No. ext. FAX No. Street Address (d different from above) city State ZIP Email 2. Agent/Contractor Information Business Name RECEIVED Environmental Professionals, Inc. Agentl Contractor 1: First Name George MI H. Last Name Wood Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box 3368 city Kill Devil Hills State NC ZIP 27948 Phone No. 1 252 - 441 - 0239 ext. 105 Phone No. 2 252 - 423 -1234 ext. FAX No. 252 441 0721 Contractor# Street Address (if different from above) 1404 S. Virginia Dare Trail city Kill Devil Hills State NC ZIP 27948 - Email obxwood@yahoo.com <Form continues on back> 252-808-2808 .. 1.888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) Received JUN 2 3 2016 APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Currituck 1441 Ocean Pearl Road Subdivision Name City State Zip Ocean Beach Corolla NC 27927 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. 8, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. SFR 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 146 159,961 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 159,961, 1 1 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5. ❑NHW or ®NW L e. Vegetation on tract Andropogon virginicus, Quercus virginiana, Pinus taeda, Spartina patens, Smilax bona-nox, Iva frutescens f. Man-made features and uses now on tract Vacation home, parking, wastewater, pedestrian dune walkover g. Identify and describe the existing land uses adiaoent to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? SFR (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECE%\JED <Form continues on next page> D Cl"-808-2808 :. 1-888-4RCOAST :: www.riccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) Received APPLICATION for Major Development Permit JUN 2 3 2015 m. (i) Are there wetlands on the site? DMEC ®Yes ❑No (ii) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? Was ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. LPP System o. Describe existing drinking water supply source. On -Site Wells p. Describe existing storm water management or treatment systems. Dry Infiltration Basins 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The house will be used for vacation rentals. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Bulldozer and dump truck to be stored on highground work site. d. List all development activities you propose. Vehicular dune cross over (Hatteras Ramp) and driveway north of buildings. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 60,172 ®Sq.Ft or ❑Acres K-r''%Io 6-'F. 44a_4L4-Gr" a-.' 10-a S.F. t)r;ilr.UAY g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑ NA j. Is there any mitigation proposed? ®Yes D If yes, attach a mitigation proposal. 11 !� ,)VL. z 2 2016 <Form continues on back> ycM_ MHD C:7-y 252-808.2808 .. 1.888-4111COAST .. www.nccoastaimanagament.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. 6. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Paul Winchell Phone No. Address P.O. Box 328 - Corolla, NC 27927-0328 Name Michael Long Phone No. Address 132 Tolers Road -Williamsburg, VA 23185 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Well Permit #45838 Division of Environmental Health CAMA Permit #25.14 - June 2, 2016 Corps Permit SAW-2013-01656 DWR #13-0708 h. Signed consultant or agent authorization forth, N applicable. 1. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date June 21, 2016 Print Name Georg H. Wood, CEP, P S Signature Received JUN 2 3 2616 Please indicate application attachments pertaining to your proposed project. r ®DC)&MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts C 0 ®DdWMP-3 Upland Development CM'E D W WODCOMP-4 Structures Information > N Q W C _ U J � W cc 0 252-808-2808 .. 'I.88e-4RCOAST .. www.nccoastaimanagement.net Received 6 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) JIJN 2 S 2016 D M-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 0 c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WQ? If any boxes are checked, provide the number of square feet affected. []CW _ ❑SAV ❑SB OWL ],QQFj, ❑None (ii) Describe the purpose of the excavation in these areas: driveway on north side of the structures 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. highground area eastward of wetlands - oceanward of the AEC alignment yet landward of toe of dune c. (i) Do you claim title to disposal area? ®Yes []No ❑NA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: disposal of material from proposed dune cut and driveway excavated. sand ❑This section not applicable d. High -ground excavation in cubic yards. 475 cubic yards [I This section not applicable b. Dimensions of disposal area. 50 x 60 d. (i) Will a disposal area be available for future maintenance? []Yes ❑No ®NA (ii) If yes, where? f. (1) Does the disposal include any area in the water? []Yes ®No ❑NA (ii) If yes, how much water area is affected? RECEIVED JUL 2 2 2016 DCM- MHD 'CQTY 252-808.2808 :: 1.888-4RCOAS7 :: www.nccoastalmanagement,net revised: 12126/06 Form DCM MP-2 (Excavation and Fill; Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill_ Other_ i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (11) If yes, stale amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water Q (iii) Dimensions of fill area 10 x +/- 100.6 (iv) Purpose of fill compacted sand for driveway 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? contained by sit fence and material placed on grade for driveway construction c. (i) Will navigational aids be required as a result of the project? []Yes NNo ❑NA (ii) If yes, explain what type and how they will be implemented. N/A June 21, 2016Q >. Date C^ Letendre Iti Q cv _ Project Nam N JJJ Submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB ®WL 1006 []None (ii) Describe the purpose of the fill in these areas: compacted sand for driveway b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? backhoe d. (1) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. np N/A Received Elizabeth Letendre Applicant N e /� I A/011,7Z Applic Signature 252-808-2808 :: :: www.nccoastalmanagement.net revised: 12126/06 deceived P� Form DCM MP-3 A;N 2 ? 21116 UPLAND DEVELOPMENT CM,EC (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. vehicular dune crossover (Hatteras Ramp) and driveway c. Density (give the number of residential units and the units per acre). 0.92 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. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes ❑No ❑NA (ii) If yes, list the date submitted: 3w)-TJ-7,-;kw g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or buift-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 24.1 % i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 18.0% j. Describe proposed method of sewage disposal. None proposed - Existing LPP system I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial effluent, "wash down" and residential discharges). None b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 60,172 s.f. total Hatteras Ramp 8,576 s.f. Driveway 4,729 s.f. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Compacted sand used for driveway adjacent to buildings on north side. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ❑No ❑NA (ii) If yes, list the date submitted: 5-27-16 k. Have the facilities described in Item (1) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? []Yes ®No ❑NA If yes, attach appropriate documentation. RECEIVED JUL 2 2 2016 DCM- %1 D CITY 252-808.28082 :: 1"888"4RCOAST:: www noaoastaimanagement.net revised: 12I26/06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) well (existing) o. When was the lot(s) platted and recorded? June 24, 1976 June 21, 2016 Date Letendre - Lot 8 - Ocean Beach Project Name Elizabeth Letendre Applicant Na e Applicant ignature I OF n. (i) Will water be impounded? []Yes ®No ❑NA (ii) If yes, how many acres? N/A p. If proposed development is a subdivision, will additional utilities be installed for this upland development? []Yes []No ®NA Received AM 2 3 2016 DCM-EC 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Received JUN 2 9 2016 GS DMEC Gregory E. Wills I P.0 Telephone: (252) 491-7016 Attorney At Law Facsimile: (252) 453-3391 6541 Caratoke Highway, Grandy, North Carolina 27939 Email: gwills@obxlaw.com www.obxlaw.com May 20, 2016 George Wood 122 Sir Walter Raleigh Drive RECEIVED Kill Devil Hills, NC 27948 JUL 2 2 2016 Re: CAMA/Army Corps Revised Permit Application DCM- MHD CITY Dear George: This follows our phone conversation wherein I told you that the only viable route of access to the Letendre home must be from the public beach across the frontal dune of the lot they own. You asked me to outline my legal opinion in a manner that can be shared with CAMA, The Army Corps of Engineers, and any other regulating agency. You said the Letendre Permit application will assert that there is no deeded or platted access from Ocean Pearl Road to the Letendre Home. You asked for a letter summarizing the legal and factual basis for this assertion. When the contractor, Mancuso Development Inc. ("MDI") submitted the original CAMA permit application there were two routes which the general public actually used to gain access to Ocean Pearl Lane. As you know, Ocean Pearl runs north - south and abuts the west side of all the ocean front lots in the Ocean Beach subdivision. The Ocean Beach Subdivision plat was recorded in 1972. Private roads are typically created by such plats. The problem is that the Ocean Beach plat does not actually provided any east- west connection from the beach to Ocean Pearl. A search of the plats on file at the Currituck County Registry reveals that the county authorized the filing of this plat. Typically, the county ensures that all developers show an access from a public road to all the lots before the subdivision plat is approved. Presumably back in 1972 the county assumed each ocean front home would have its own driveway to the beach. Evidently, Ocean Pearl was designed solely as a means for the lot owners to move north and south along the west side of the houses without having to go back out to the beach. Historically, access from the beach to Ocean Pearl by the general public been has been along two routes. On the South side, along Malbon Lane. On the North side, along Munson Lane. Malbon lane was created by the filing of a subdivision plat in 1992 which divide one large lot into 4 smaller lots. The 1992 Plat clearly states that Malbone Lane is to be a "private road" intended for use exclusively by the 4 lots being created by the plat. As such, the owners of those 4 lots have the right to cut off the public's access. My understanding is that approximately 3 years ago, these lot owners installed'an iron gate and put a padlock on it. Only the 4 lot owners or their invitees can now gain access from the beach to Ocean Pearl Road along Malbon Lane. To the north, the general public's access to Ocean Pearl was historically west ward along Munson Lane, then south ward along the east side of Penny's hill through a separate subdivision, and connecting to Ocean Pearl at the north western terminus of the platted road. A search of title shows that although there is a deeded easement providing east -west acess to and from from the beach along Munson Lane, the intended beneficiaries of this easement are lot owners in a completely separate subdivision which is North West of the Ocean Beach subdivision. The title owner of Munson Lane must afford access to members of the identified subdivision, but they retain the authority to cut off the general public's use of the Road. This means they also have the right to exclude any lot owner in the Ocean Beach Subdivison. Simply put, there is not way to get to Ocean Pearl Lane without crossing over the frontal dune on one of the platted lots within the Ocean Beach subdivision. No individual lot owner has the right to use another lot owner's driveway to gain access to Ocean Pearl. Each lot stands alone. Each lot needs its own driveway across its own frontal dune. In January of this year, our clients received notice from their rental management company, Twiddy Real Estate Company ("Twiddy"), that the owner of Munson Lane intends to shut off public access prior to the 2016 summer rental season. The owner of Munson Lane subsequently offered to sell access rights for a flat fee of $50,000 to be shared among all of the Ocean Beach Subdivision lot owners. There is nothing to compel these lot owners to work together. As almost every agency in Currituck County involved in land development now knows, the neighbors on either side of the Letendre Home are extremely litigious. Mr. & Mrs. Longs who own the lot to the south have their own driveway/dune crossover permit, and are doing everything in their power to prevent my clients from building or using their vacation rental home. The neighbors to the North, Mr. & Mrs. Winchell, have likewise attempted to block all development through the administrative office of the Courts. It is my firm opinion, therefore, that Mrs. Letendre will never be able to obtain access access from the Beach to Ocean Pearl if it requires the good will and the voluntary execution and payment of a cooperative maintenance agreement for Munson Lane by their neighbors. The title opinion outlined above was corroborated by an attorney hired by Twiddy to give a legal opinion that might be used by those property owners who participate in their rental program and whose access rout was along Munson Lane. Twiddy provided me with an opinion letter by Mr. Chris Seawell that confirms, substantially, what I have summarized above. I believe I can obtain permission from Twiddy to share that letter if the regulators want Q independent confirmation of my opinon on legal title. LU o U In addition, during the hearing before Chief Administrative Law Judge Julian Mann in LV = December of last year, we obtained and submitted into evidence copies of the CAMA permits V a issued to the Longs and to Mr. & Mrs. Winchell. Each of these permits specifically recite that if w access to and from Ocean Pearl opens up, then the permit expires. Obviously, the lack of access c U 6 along ocean pearl was well known and recognized by the regulator issuing these permits. During the hearing itself, Mr. Winchell confirmed under oath that he he had no deeded access to his lot and was entirely dependent upon the good will of his neighbors to get to his own house. He needed and received a dune cross over permit issued by CAMA to build his house and he subsequently decided to dismantle his own hatteras ramp and rely on his neighbors goodwill. He then strenuously objected to my cleints doing the same thing he did. Finally, I spoke with the County Attorney, Ike McRee, about the possibility of having the County obtain a public access from the beach to Ocean Pearl. Mr. McRee told me that the county has no rights of condemnation in road ways and no ability to obtain a public access to Ocean Pearl. Evidently, the county relies on its subdivision plat approval process to ensure that lot owners have access. As noted above, that horse left the barn back in 1972. Any regulators are free to seek confirmation directly from the County on this issue. In summary, there is an immediate need for Ms. Letendre to obtain a vehicular dune access directly from the beach to platted parking lot on the west side of their home. The historical route of ingress and egress to and from Ocean Pearl are now being closed off by private landowners asserting private property rights and barring such access. When the construction began and the permit request were originally made, it was assumed that the historic route of access used by the general public across Munson Lane to Ocean Pearl would continue in perpetuity. Those assumptions were incorrect. There is no alternative but to requeste a vehicular dune cross over permit from CAMA and a fill permit from the Army Core of Engineers to cross over the designated wetlands inorder to access to the platted parking area previously approved by the county and CAMA. If you, or anyone within the regulatory agencies have any further questions or need any additional documentation, do not hesitate to contact me directly. Sincerely, Gregory E. Wills GEW/ajd Cc: Client Bernie Mancuso Ike McRee Ben Woody RECEIVED JUL 2 2 2016 DCM- MHD CITY Huggett, Doug From: George Wood <obxwood@yahoo.com> Sent: Thursday, February 23, 2017 1:02 PM To: Huggett, Doug Subject: Re: Letendre Thx Doug George Wood PO Box 3368 Kill Devil Hills, NC 27948 252-423-1234 www.woodywrites.com On Feb 23, 2017, at 9:45 AM, Huggett, Doug <doug.hue¢ett(alncdencp-ov_> wrote: George DCM is in receipt of your letter (on behalf of Elizabeth Letendre) of January 24, 2017, in which you requested that an updated set of work plan drawings be formally incorporated into Coastal Area Management Act Permit No. 25-14. Following examination of the drawings submitted, DCM has determined that the work plan drawings do not propose any new development activities on the project site. This determination was also based in part upon conversations between yourself and Ron Renaldi. Consequently, it is not appropriate to alter the existing active permit to include these new drawings. However, as we would do with all correspondence from an applicant and/or their agent, we will add your correspondence (letter and the updated workplan drawings) to our project file, but this should not be interpreted as changing or adding new work plans to the drawings of reference for this project. As always, if you have any questions surrounding this or any other matter, please feel free to let me know. Sincerely, Doug Pl,� 04 Top 0� Coastut A4U11Ugement MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: REFERENCE: ROY COOPER MICHAEL S. REGAN [111, BRAXTON DAVIS Doug Hugget, Major Permits Coordinator, Division of Coastal Management, Morehead City Ron Renaldi, Field Representative, DCM RA'� Frank Jennings, District Manager, Northeastern District, DCM ?�_Ap January 27, 2017 Request to incorporate submitted site plans into Major Permit #25- 14 issued to: Elizabeth E. Letendre (a) Letter from George Wood, of Environmental Professionals, Inc, Authorized Agent for Applicant, (received January 25, 2017) Major Permit #25-14 was issued on March 17, 2014 and expires on December 31, 2019. The original major permit authorized the construction of three single-family dwellings connected via a structurally detached roofed two story deck, a partially enclosed gazebo building, the installation of a pool with concrete deck, a well and septic system, a beach accessway with dune deck and a sand driveway with unimproved parking spaces. On September 12, 2016, Major Permit #25-14 was modified to include a "Hatteras Ramp" and accessway. 2. George Wood has requested to incorporate an updated set of construction plans into Major Permit #25-14 that: a. Changes nomenclature on the Title Sheet to refer to the dwelling as a "Single -Family Dwelling" b. Depicts a smaller constructed size of the permitted gazebo building George Wood has also indicated that a girder system that would connect the separate buildings is no longer being considered and is not incorporated into the submitted construction plans. 4. It is recommended the submitted construction plans be added to the permit file with no further action as there is no additional proposed development in the request. Attachments: Copy of Request, including work plan drawings State of North Carolina I Environmental Quality I Coastal Managetrcnt 401 S. Griffin St., Ste 300I Elinbeth City, NC 27909 252-264-39011252-331-2951(fax] Received 1076700 Dill EC January 24, 2017 North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 401 S. Griffin Street —Suite 300 Elizabeth City, NC 27909 Dear Mr. Renaldi, This letter is with reference to CAMA Major Development Permit #25-14, Elizabeth Letendre. As you are aware, this residential building has been subject to a number of reviews to modify the permit to reflect changes that occurred during the construction process (Minor Modification issued June 2, 2016 and Major Modification issued September 12, 2016). As a result, the references to the work plan drawings (Condition #1 of the original permit issuance) have not been updated. Currituck County requested that Ms. Letendre provide an updated set of plans that would be consistent with the components of the house and referenced as a part of the modified permit which now has an expiration date of December 31, 2019. Thus, we submit five copies of the work plan drawings revised as of January 20, 2017. This set of plans depicts the components of the house which: • removes the cosmetic girders that were the subject of a request for modification submitted October 21,2016; • correctly refers to the dwelling as a "Single -Family Dwelling" on the Title Sheet to be consistent with the nomenclature in the CAMA Permit (Permit Condition #2); and depicts the constructed size of the gazebo which is smaller than that permitted. By copy of this letter, my client desires to terminate the request for consideration of the addition of cosmetic girders and the inclusion of the current work plans into the CAMA Major Development Permit #25-14. I propose that the request can be memorialized by a letter confirming that this request be incorporated into the currently active CAMA Major Development Permit, does not change the status of that approval, and can be relied upon by the County as that which has been approved by the North Carolina Division of Coastal Management. Sincerely, Environmental Professionals Inc. George H. Wood, CEP, PWS P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 TELEPHONE: 252441-0239 • FAX: 252441-0721 • EMAIL: obxwood@yahoo.com �a X ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment P.O. Box 3368 Kill Devil Hills, NC 27948 t Telephone: 252-441-0239 Fax: 252-441-0721 Email: obxwood(cbvahoo.com (Hand -Carried 1-25-17 to Cynthia Rountree with NCDC117) TO: North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 401 S. Griffm Street — Suite 300 Elizabeth City, NC 27909 d ATTACHED Received JAM 2.ti /1117 DATE: January 24, 2017 JOB NO.: 012-037 RE: Elisabeth Letendre COPIES DATE DESCRIPTION OF DOCUMENTS 1 1-24-17 Letter to Ron Renaldi with the North Carolina Division of Coastal Management Re --A:- LAMA M.'or Development Permit 025-14 5 Sets li 1-20-17 Work Plan Drawings THFQF ADS CIIRUT Cn AC ❑ For your approval ❑ Review & Comment ❑ For your use ❑ Signature/Notarization ❑ As requested REMARKS: COPY TO: SIGNED: orge H. Wood, WS nvironmental Professionals, Inc. Spears, Courtney From: Mike Long <Ifelas@aol.com> Sent: Monday, September 19, 2016 4:55 PM To: Spears, Courtney Cc: Renaldi, Ronald; Jennings, Frank; Mary Lucasse; Goebel, Christine A Subject: Letendre CAMA Major Modification permit Ms. Spears, We received your September 22 letter today advising us of the issuance of the major modification permit. Thanks so much for keeping us updated. We are hoping that our comments regarding the inaccuracies in Mr Wills' May 20, 2016 letter to George Wood were brought to his attention. We do not intend to appeal the issuance of this permit - mostly we had questions. We would like to note, for the file, the current state of litigation on this project. The NC Court of Apoeals found this project out of compliance with the Currituck County in June. Ms Letendre filed for a temporary stay on this decision along with filing a writ of supersedeas and a Petition for Discretionary Review with the NC Supreme Court ( the decision by the COA was unanimous thereby eliminating an automatic appeal). The temporary stay was authorized right away as is the normal practice. Unless the Supreme Court accepts this appeal request and then overturns the appeal court, this project will be unlawful in Currituck County. Thank you again for keeping us updated. Mike and Marie Long Sent from my iPhone DCM Coordinator: Permit MAILING DISTRIBUTION SHEET Agents: C ezw� � X 33no o DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City ` Washington Wilmington US ACOE Offices: Washington: Raleigh Bland e William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Heide Cox (WIRO) Joey White (WARD) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ben Hughes DMF/ Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 3 Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn " LPO: Fax Distribution: Permitee Agent #:- —_Lf AIAA Coastal Management ENVIRONMENTAL QUALITY September 12, 2016 Elizabeth Letendre 46 Eden Rd. Rockport, MA 01966-2335 Dear Sir or Madam: PAT MCCRORY curemnr DONALD R. VAN DER VAART Se, emry BRAXTON DAVIS Dmrcror The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. 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. Enclosure Sincerely, �/ Douglas V. Hu�ggt� Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management 400 Commeme Avenue I Morehead City, NC 28557 252-808-2808 T C� DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION TO MAJOR PERMIT #25-14 APPLICANT'S NAME: Elizabeth Letendre 2. LOCATION OF PROJECT SITE: 1441 Ocean Pearl Road, Lot #8 within the Ocean Beach S/D, Corolla, Currituck County, adjacent to the Atlantic Ocean. Photo Index 2006: 201-7492 (U-X 11) 2000: 201-2199 (U-X10) 1995: 201-2112 (T-V 3) 1989: 140-28 (M-P 10) 1984: 135-631 (L-O 3) 1978: 94-1225 (O-T 13) State Plane Coordinates - X: 2930772 Y: 987570 Lat/Long: 36. 422568' N, -75. 836261' W Quadrangle: Corolla, NC (L.L.) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/21/2016 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 7/7/2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification from LUP - Limited Service Area RECEIVED (B) AEC(s) Involved: Ocean Hazard (Ocean Erodible Area) (C) Water Dependent: No JUL 2 2 2016 (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Septic DCM- MHD CITY Planned — n/a (F) Type of Structures: Existing — 3 individual house structures connected via structurally detached breezeway, large enclosed gazebo building, pool system, large open deck, driveway and parking. Planned — Wooden Hatteras Ramp and sand driveway through USACE 404-wetlands connecting to existing parking area. (G) Estimated Annual Rate of Erosion: 7 ft/yr Source - NC Division of Coastal Management 2011 Erosion Rate Map 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] FILLED OTHER (A) Ocean Hazard AEC ±13,305 ft2 disturbed (includes 404-wetland impacts) (B) USACE 404-Wetlands ±1,006 ft2 (D) Total Area Disturbed: ±13,305 ft2 (0.31 acres) Elizabeth Letendre Field Investigation Report Page 2 (E) Primary Nursery Area: No (F) Water Classification: SB Open to Shellfishing: Yes 8. PROJECT SUMMARY: The applicant proposes to install a wooden Hatteras ramp over a primary dune and create a sand driveway from the ramp to an existing parking area that will require-USACE 404-wetland fill. Project Settino The site of the proposed development is located at 1441 Ocean Pearl Road (Ocean Beach S/D Lot #8), Corolla, within the four-wheel drive area of the Outer Banks portion of Currituck County (t1.9 miles north of the beach access), adjacent to the Atlantic Ocean. The property is located within the Ocean Erodible Area of Environmental Concern (AEC) and is platted as being ±159,961 sf (t3.67 acres) in size with t146' of oceanfront. Base Flood Elevation for this area is 12' above sea level, which sets 18' as the minimum dune height to be considered a primary dune. A primary dune with a height ranging from t20' to t26' above sea level runs the width of the property. The primary dune crest is located t15' to t35' landward of the First Line of Stable Natural Vegetation (FLSNV) and primary dune widths range between t155' to t175'. The seaward primary dune toe extends t45' to t65' east of the crest and has a steep slope of t32% while the landward toe extends t100' to t125' to the west and has a gentler slope of t14.5%. Dune vegetation consists of sea oats (Uniola paniculata), American beach grass (Ammophila breviligulata) and various herbaceous plants. Elevations drop to t6' above sea level on the landward side of the primary dune toe and maintain a flat profile for t230'. Two separate areas of USACE delineated 404-wetlands are located within this area. A secondary dune line is located to the west of the low area with a height of t20' and a width of t120'. Within this area, as permitted through CAMA Major Permit #25-14, three separate dwellings that are connected via a structurally detached conditioned breezeway have been constructed in a u-shape configuration. Between these structures are wooden walkways, a pool and a large open wood deck. A partially enclosed pavilion building and parking area are located on the west side of the dwellings. On the west side of the secondary dune, elevations drop to t5.5' and there are four additional separate areas of USACE delineated 404-wetlands. Additional vegetation growing densely within this area includes southern live oak (Quercus virginiana), loblolly pine (Pinus taeda), ca ner (Smilaxbona-nox) and marsh elder (Iva frutescens). A driveway with additional parking C w4ands through high ground in this area to Ocean Pearl Road. According to available W inumation, there are no archaeological sites on or near this site. TIC adjacent properties to the north and south are similar in size and shape. The adjacent prperty to the north had a single-family dwelling that was recently destroyed by a fire. The LL! adg'acent property to the south has a single-family dwelling, pool and is accessed by a sand doeway that extends from the beach. 0 I ` Elizabeth Letendre Field Investigation Report Page 3 According to the 2011 long term erosion rate and setback factors, the erosion rate for this area is 7 ft/yr. The Ocean Erodible AEC is 460' landward of the FLSNV (Application request prior to the July 1, 2016 rule change). The waters of the Atlantic Ocean in this area are classified as SB by the Division of Environmental Management, and are open to shellfish taking. CAMA permitting history for the site: - CAMA Major Permit #25-14 was issued on to Elizabeth Letendre on March 17, 2014 for the construction of three single-family dwellings connected via a structurally detached conditioned breezeway, a partially enclosed gazebo building, a pool with concrete deck, a well and septic system, a wooden beach accessway with dune deck and a sand driveway with unimproved parking spaces. - A Minor Modification to CAMA Major Permit #25-14 was issued on July 9, 2015 authorizing a ±195'x10'x1' wood chipped vehicular construction/emergency dune cross- over with a maximum grading depth of 1'. - A Minor Modification to CAMA Major Permit #25-14 was issued on June 2, 2015 authorizing the relocation of the wooden beach accessway and dune deck, addition of a shower platform, reconfiguration of the pool area and adding a large wooden deck and walkway system between buildings, and the addition of stairs to the buildings. Currently ±90-95% of the work is complete with the exception of the wooden beach accessway & dune deck and the vehicular dune cross -over. Additional permits issued: RECEIVED - Well Permit #45838 Division of Environmental Health - USACE Permit SAW-2013-01656 JUL 2 2 2016 - Water Quality Certification - DWR Permit #13-0708V2 - Wastewater Approval DWQ#45810 DCM- MHD CITY Note: At the time of Permit issuance, the site and permitted development was to be accessed through Ocean Pearl Road located on the west side of the property. Recently, access to Ocean Pearl Road from the beach area has been contested and cut off or is in the process of being cut off. Development Proposal In order to provide access to the site, the applicant proposes to forgo the authorized wood chipped access and instead install a wooden Hatteras ramp over the primary dune. A sand driveway will be constructed from the ramp to the north side of the dwellings through two areas of USACE 404-wetlands and then continue to the existing parking areas located on the west side of the property. The proposed Hatteras ramp will be 200' in length and 10' wide. The proposed seaward slope of the ramp is 12.5%, which will require ±10.75' of elevation to be cut out of the primary dune at the crest. This section of ramp will begin on the beach at the 8' elevation contour and continue landward for ±98' where it will crest at 19.9'. The landward slope of the ramp is proposed at 10.2% and will be ±102' in length ending at the 10' elevation contour. To prevent sand sloughing onto the ramp, the adjacent dune area will be graded to a 3:1 slope. This grading, including the ramp area, will result in dune disturbance that is ±20' to ±60' in width along the Cr Elizabeth Letendre Field Investigation Report Page 4 length of the ramp. A ±93'x40' area has been designated as a sand disposal area on the landward side of the ramp for excess sand resulting from construction/grading. Total dune disturbance associated with the Hatteras ramp installation is ±8,576 W. A ±355'x10' sand driveway constructed at grade is proposed to extend landward from the end of the Hatteras ramp to the existing parking areas located on the west side of the property. The driveway will be routed along the northern side of the property between the existing dwellings and property line and will impact two separate areas of USACE 404-wetlands. The driveway through the wetland areas will be undercut, lined with filter fabric and then filled back to grade with sand. Driveway construction will result in an additional ±4,729 ft2 of disturbance, of which ±1,006 ft2 is USACE 404-wetland fill. Anticipated Impacts • The permit modification request as proposed will result in ±13,305 ft2 of new disturbance within the Ocean Hazard AEC. • The permit modification request will result in an overall land disturbance of±60,172 ft2 (1.38 acres). • The permit modification request as proposed will result in the filling of ±1,006 ft2 of USACE 404-wetlands. • The permit modification request as proposed will result in ±475 cubic yards of sand to be removed from the primary dune area. • The permit modification request as proposed will result in a ±10.75' cut in dune elevation at the crest of the primary dune (24.9' crest — 10.75'= ±14.15' proposed elevation at crest). • The proposed Hatteras ramp will crest at an elevation of 19.9', greater than the minimum dune height of 18' to be considered a primary dune. Submitted by: Ron Renaldi Date: July 18, 2016 4 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION TO MAJOR PERMIT #25-14 1. APPLICANT'S NAME: Elizabeth Letendre 2. LOCATION OF PROJECT SITE: 1441 Ocean Pearl Road, Lot #8 within the Ocean Beach S/D, Corolla, Currituck County, adjacent to the Atlantic Ocean. Photo Index — 2006: 201-7492 (U-X 11) 2000: 201-2199 (U-X10) 1995: 201-2112 (T-V 3) 1989: 140-28 (M-P 10) 1984: 135-631 (L-0 3) 1978: 94-1225 (0-T 13) State Plane Coordinates - X: 2930772 Y: 987570 Lat/Long: 36. 4225680 N, -75. 836261 ° W Quadrangle: Corolla, NC (L.L.) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-6/21/2016 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 7/7/2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County RECEIVE Land Classification from LUP - Limited Service Area (B) AEC(s) Involved: Ocean Hazard (Ocean Erodible Area) AUG 0 3 Z016 (C) Water Dependent: No (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Septic DCM- M.HD CITY Planned — n/a (F) Type of Structures: Existing — 3 individual house structures connected via structurally detached breezeway, large enclosed gazebo building, pool system, large open deck, driveway and parking. Planned — Wooden Hatteras Ramp and sand driveway through USACE 404-wetlands connecting to existing parking area. (G) Estimated Annual Rate of Erosion: 7 ft/yr Source - NC Division of Coastal Management 2011 Erosion Rate Map 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] FILLED OTHER (A) Ocean Hazard AEC ±13,305 ft2 disturbed (includes 404-wetland impacts) (B) USACE 404-Wetlands ±1,006 ftz (D) Total Area Disturbed: ±13,305 ft2 (0.31 acres) Elizabeth Letendre Field Investigation Report Page 4 length of the ramp. A ±93'x40' area has been designated as a sand disposal area on the landward side of the ramp for excess sand resulting from construction/grading. Total dune disturbance associated with the Hatteras ramp installation is ±8,576 ft2. A ±355'x10' sand driveway constructed at grade is proposed to extend landward from the end of the Hatteras ramp to the existing parking areas located on the west side of the property. The driveway will be routed along the northern side of the property between the existing dwellings and property line and will impact two separate areas of USACE 404-wetlands. The driveway through the wetland areas will be undercut, lined with filter fabric and then filled back to grade with sand. Driveway construction will result in an additional ±4,729 ft2 of disturbance, of which ±1,006 ft2 is USACE 404-wetland fill. Anticipated Impacts • The permit modification request as proposed will result in ±13,305 ft2 of new disturbance within the Ocean Hazard AEC. • The permit modification request will result in an overall land disturbance of ±60,172 ft2 (1.38 acres). • The permit modification request as proposed will result in the filling of ±1,006 ft2 of USACE 404-wetlands. • The permit modification request as proposed will result in ±475 cubic yards of sand to be removed from the primary dune area. • The permit modification request as proposed will result in a ±10.75' cut in dune elevation at the crest of the primary dune (24.9' crest — 10.75'= ±14.15' proposed elevation at crest). • The proposed Hatteras ramp will crest at an elevation of 19.9', greater than the minimum dune height of 18' to be considered a primary dune. Submitted by: Ron Renaldi Date: July 18, 2016 RECEIVED AUG Received JUN 2 $ 1016 Elizabeth Letendre Lot 8 —Ocean Beach DCM-EC Currituck County, North Carolina Sequencing Document Amended June 21, 2016 The premise of the Section 404 of the Clean Water Act permitting process is to allow no discharge of fill material in waters of the United States if a practicable alternative exists that is less damaging to the resource(s). In order to obtain a permit to place fill within "Waters of the United States", it is necessary to demonstrate that practicable steps have been taken to avoid impacts, unavoidable impacts have been minimized, and that compensatory mitigation will be provided for the unavoidable impacts. This process is referred to as sequencing, and this document will endeavor to articulate measures taken to follow this process in the pursuit of the project's purpose for the application made on behalf of Elizabeth Letendre at Lot 8, Ocean Beach, Currituck County, North Carolina. Proiect's Purpose: The Currituck Outer Banks is a favorite vacation area and an increasingly attractive venue for weddings. Because the Currituck County Unified Development Ordinance allows the construction of structures in the off -road areas of the Outer Banks that can accommodate wedding parties, the area becomes even more attractive. The project envisioned included ample room for vacationing parties and would capitalize on the breathtaking views of the Atlantic Ocean. Scenic vistas of the Atlantic Ocean do not, however, satisfy the basic purpose of whether this project is water dependent. It could be argued that the project, much like most rental homes on the Outer Banks, requires proximity to water in order to be desirable and economically feasible. Regardless, the search for properties revealed that the available properties with the area necessary (+/- 2.0 acres) to achieve the project's purpose were oceanfront. The following table demonstrates the available properties in 2011 and 2012 when the applicant was searching for a site. TABLE A AVAILABLE PROPERTIES 2011 & 2012 Lot Number & Subdivision Address Suitability Lot 15 — Swan Beach 1625 Sandfiddler Road Unbuildable Lot 1 — Section 1 North Swan Beach 2003 Sandfiddler Road Inadequate Area 1.01 Acres Lot K — Section 3 — North Swan Beach 1977 Sandfiddler Road Inadequate Area (1.21 Acres) Sold at Beginning of Search - 9-20-11 Lot J — Section 3 — North Swan Beach 1981 Sandfiddler Road Inadequate Area 1.21 Acres Lot 62 — Carova Beach 2029 Sandfiddler Road I made uate Area 0.71 Acres Lot 14 — Carova Beach 2523 Sandfiddler Road I Inadequate Area 0.64 Acres Lot 8 — Ocean Beach 1441 Ocean Pearl Road I Adequate and Available Based on the property search, Lot 8 Ocean Beach was chosen as the only available property with adequate area to achieve the project purpose. Lot 8, Ocean Beach Subdivision (site) was recorded June 24, 1976 and purchased by the applicant in April of 2012. The +/- 3.67-acre parcel underwent a planning process to accommodate the construction of a residence, swimming pool, dune walkway, wooden deck, and a pre-treatment wastewater system to service the proposed 24 bedrooms. As a part of the process, wetlands subject to Section 404 o the Clean Water Act were identified. A E C E I\ E D AUG 0 3 2016 DCM- Nary - ; Y Minimization: Currituck County Outer Banks is a heavily regulated area due to the presence of numerous State, Federal, and local programs focusing on the resource for which they are charged to manage. The skill required to address the myriad of regulations and maintain the purpose of the site development involve a number of practitioners from various disciplines: surveyors, engineers, architects, developers, builders, and environmental consultants to name a few. Each discipline weighed in to provide a composite of all the required components of the project and how they are impacted by the myriad of setbacks and other regulatory constraints and requirements. This resulted in a building envelop in which the project could be situated. The site generally extends from the Atlantic Ocean fore beach, rising to the crest of the frontal dune, then proceeding west into a trough which contains two areas of wetlands (4,301 sq. ft. and 8,208 sq. ft.), continuing to another dune ridge and loosing topographic relief to the west where four wetland areas exist (550 sq. ft., 418 sq. ft., 2,527 sq. ft., and 21,416 sq. ft.). The wetlands on the west portion of the property extend towards Ocean Pearl Road and then continue through the ridge and swale system (off site) to the Currituck Sound. Because of the extensive wetland complex extending from the middle ridge to the west and onward to the Currituck Sound, the site improvements were tucked around the wetlands in this area, and no wetlands are proposed to be filled. An advanced pretreatment wastewater system was utilized to minimize the setbacks from wetlands and the size of the system reducing potential impacts to wetlands. Development activities were focused on the east side of the middle ridge and yet landward of the setback requirements imposed by CAMA. This envelope contained wetlands which were unavoidable. Applications for a CAMA Major Development Permit and Department of Army Permit (SAW-2013-01656), well permit, wastewater approval from the North Carolina Division of Environmental Health, Water Quality Certification, State Stormwater Permit from the North Carolina Division of Water Quality, and other local approvals were submitted and approved. Permits which have been issued include: • Well Permit #45838 • Water Quality Certification — DWR #13-0708V2 • CAMA Major Development Permit #25-14 • Wastewater Approval DWQ #45810 Section 404 Permit SAW-2013-1656 Access to the parking on the west side was anticipated; however, recently the owner of the east -west access road to the north (Munson Lane) has notified the applicant that access will be closed (See attached letter from Gregory Wills). The only other alternative for access is the proposed dune crossover (Hatteras Ramp) and driveway which will impact an additional 1,006 square feet of wetlands on the north side of the existing residence. The roadway is proposed to be constructed by undercutting and a base prepared on grade to provide load bearing driveway. Mitigation: Providing that the Section 404 Guidelines have been satisfied to determine that the design represents the least environmentally damaging practicable alternative, mitigation can be tendered. Mitigation credits for previous impacts have been satisfied, and The Great Dismal Swamp Restoration Bank, LLC has provided a letter of commitment for the revised impacts. RECEIVED AUG 0 3 Z016 DCM- N".HD CITY i Box MP-1 UPLICOTION for Receivea Major Development Permit JUN 2 v 2015 g (last revised 12/27/06) R CM -EC North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Elizabeth MI E. Last Name Letendre Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 46 Eden Road PO Box City Rockport State MA ZIP 01966-2335 Country USA Phone No. ext. FAX No. Street Address (if different from above) City State ZIP Email 2. AgentlContractor Information Business Name RIFC-- Environmental Professionals, Inc. Agent( Contractor 1: First Name George MI H. Last Name AUG 0 3 ZU16 Wood E)CMy Agentl Contractor 2: First Name MI Last Name j Y Mailing Address PO Box 3368 1 City Kill Devil Hills State INC ZIP 27948 Phone No. 1 252 — 441 - 0239 ext. 105 Phone No. 2 252 - 423 -1234 ext. FAX No. 252 441 0721 Contractor # Street Address (d different from above) 1404 S. Virginia Dare Trail City Kill Devil Hills State NC ZIP 27948 - Email obxwood@yahoo.com <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) Received JUN R 3 2016 APPLICATION for Major Development Permit 3. -Project Location County (can be multiple) Street Address State Rd. # Currituck 1441 Ocean Pearl Road Subdivision Name City State Zip Ocean Beach Corolla NC 27927 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. 8, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Atlantic Ocean c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. SNatural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed SYes []No work falls within. SFR C"CeA r.1f- Covn�� 4. Site Description a. Total length of shoreline on the tract (ft.) b. We of entire tract (sq.ft.) 146 159,961 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 159,961, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5' ❑NHW or SNWL e. Vegetation on tract Andropogon virginicus, Quercus virginiana, Pinus taeda, Spartina patens, Smilax bona-nox, Iva frutescens f. Man-made features and uses now on tract Vacation home, parking, wastewater, pedestrian dune walkover g. Identify and describe the existing land uses addaoen to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? SFR (Attach zoning compliance certificate, if applicable) SYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a []Yes SNo ❑NA National Register listed or eligible property? <Form continues on next page> 08 .. 1.888-4RCOAST .. www.nccoastalmanagement. net Form DCM MP-1 (Page 3 of4) Received APPLICATION for Major Development Permit JUN 2 3 2016 m. (i) Are there wetlands on the site? DMEC ®Yes ❑No (ii) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, ffavailable) n. Describe existing wastewater treatment facilities. LPP System o. Describe existing drinking water supply source. On -Site Wells p. Describe existing storm water management or treatment systems. Dry Infiltration Basins 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The house will be used for vacation rentals. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. RECEIVED Bulldozer and dump truck to be stored on highground work site. AUG 0 3 2016 d. List all development activities you propose. Vehicular dune cross over (Hatteras Ramp) and driveway north of buildings. DC M _ N H D CITY e. Are the proposed activities maintenance of an existing project, new work, or both New f. What is the approximate total disturbed land area resulting from the proposed project? 60,172 ®Sq.Ft or []Acres S F. ii41 FGra5 Ka-MP0*a 5•F. Dr; de a g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stornwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ®Yes []No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808.2808 .. 1-888-4RCOAST .. www. nc coastal management. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Paul Winchell Phone No. Address P.O. Box 328 - Corolla, NC 27927-0328 Name Michael Long Phone No. Address 132 Tolers Road -Williamsburg, VA 23185 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Well Permit #45838 Division of Environmental Health CAMA Permit #25-14 - June 2, 2016 Corps Permit SAW-2013-01656 DWR #13-0708 h. Signed consultant or agent authorization form, 'd applicable. I. Weiland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date June 21, 2016 Print Name George H. Wood, CEP, P S Signature Received l JUN 2 3 7016 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ® ❑DCM MP-5 Bridges and Culverts DCM'EC ®DCM MP-3 Upland Development !. ❑DCM MP-4 Structures Information e`V P� O 252-808-2808 .. 1-888yJR OAST .. www.nccoastalmanagement.net Received Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) JUN 8 S 2016 DCM-,G' Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length Width Avg. Existing Depth NA NA Final Project N A NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. sand 0 c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 475 Cubic yards or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL 1006 []None (ii) Describe the purpose of the excavation in these areas: / CL D �� driveway on north side of the structures V RECEIVED � AUG 0 3 2016 2. DISPOSAL OF EXCAVATED MATERIAL I�] Afsseb n n t icable r a. Location of disposal area. b. Dimensions of disposal area. highground area eastward of wetlands - oceanward of the 50 x 60 AEC alignment yet landward of toe of dune c. (i) Do you claim We to disposal area? d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (1) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ®No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: disposal of material from proposed dune cut and driveway 252.808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.nat revised: 12126/06 . Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Tvoe of shoreline stabilization: b. Lenoth: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other _ I. Source of fill material. Wolth: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the sfte? ®Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlandstmarsh (CW), If yes, (ii) Amount of material to be placed in the water Q (iii) Dimensions of fill area 10 x +/-100.6 (iv) Purpose of fill compacted sand for driveway 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? contained by sift fence and material placed on grade for driveway construction c. (i) Will navi ational aids be required as a result of the project? ❑Yes Co ❑NA (ii) If yes, explain what type and how they will be implemented. WA June 21, 2016 Date Letendre' Project Name 0� submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB OWL 1006 []None (ii) Describe the purpose of the fill in these areas: compacted sand for driveway b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? backhoe d. (1) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. ��++n N/A Received Elizabeth Letendre Fill ell A Applicant N � �� Appli Signature ture 252-808-2808 :: revised: 12126106 Received Form DCM MP-3 AN E 3 2016 UPLAND DEVELOPMENT DGM EC (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. vehicular dune crossover (Hatteras Ramp) and driveway c. Density (give the number of residential units and the units per acre). 0.92 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. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes []No ❑NA (ii) If yes, list the date submitted: 17w- r�7, �jS g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 24.1% I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 18.0% j. Describe proposed method of sewage disposal. None proposed - Existing LPP system I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, 'wash down' and residential discharges). None b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 60,172 s.f. total Hatteras Ramp 8,576 s.f. Driveway 4,729 s.f. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Compacted sand used for driveway adjacent to buildings on north side. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes []No ❑NA III) If yes, list the date submitted: 5-27-16 k. Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentati�l0 E C I` Opp- r1 AUG 0 3 2016 DCM- AHD CITY 252-808-28082 :: 1-888-4RCOAST :: www.necoastalmanagement.net revised: 12126/06 years ago, these lot owners installed an iron gate and put a padlock on it. Only the 4 lot owners or their invitees can now gain access from the beach to Ocean Pearl Road along Malbon Lane. To the north, the general public's access to Ocean Pearl was historically west ward along Munson Lane, then south ward along the east side of Penny's hill through a separate subdivision, and connecting to Ocean Pearl at the north western terminous of the platted road. A search of title shows that although there is a deeded easement providing east -west acess to and from from the beach along Munson Lane, the intended beneficiaries of this easement are lot owners in a completely separate subdivision which is North West of the Ocean Beach subdivision. The title owner of Munson Lane must afford access to members of the identified subdivision, but they retain the authority to cut off the general public's use of the Road. This means they also have the right to exclude any lot owner in the Ocean Beach Subdivison. Simply put, there is not way to get to Ocean Pearl Lane without crossing over the frontal dune on one of the platted lots within the Ocean Beach subdivision. No individual lot owner has the right to use another lot owner's driveway to gain access to Ocean Pearl. Each lot stands alone. Each lot needs its own driveway across its own frontal dune. In January of this year, our clients received notice from their rental management company, Twiddy Real Estate Company ("Twiddy"), that the owner of Munson Lane intends to shut off public access prior to the 2016 summer rental season. The owner of Munson Lane subsequently offered to sell access rights for a flat fee of $50,000 to be shared among all of the Ocean Beach Subdivision lot owners. There is nothing to compel these lot owners to work together. As almost every agency in Currituck County involved in land development now knows, the neighbors on either side of the Letendre Home are extremely litigious. Mr. & Mrs. Longs who own the lot to the south have their own driveway/dune crossover permit, and are doing everything in their power to prevent my clients from building or using their vacation rental home. The neighbors to the North, Mr. & Mrs. Winchell, have likewise attempted to block all development through the administrative office of the Courts. It is my firm opinion, therefore, that Mrs. Letendre will never be able to obtain access access from the Beach to Ocean Pearl if it requires the good will and the voluntary execution and payment of a cooperative maintenance agreement for Munson Lane by their neighbors. The title opinion outlined above was corroborated by an attorney hired by Twiddy to give a legal opinion that might be used by those property owners who participate in their rental program and whose access rout was along Munson Lane. Twiddy provided me with an opinion letter by Mr. Chris Seawell that confirms, substantially, what I have summarized above. I believe I can obtain permission from Twiddy to share that letter if the regulators want independent confirmation of my opinon on legal title. In addition, during the hearing before Chief Administrative Law Judge Julian Mann in December of last year, we obtained and submitted into evidence copies of the CAMA permits issued to the Longs and to Mr. & Mrs. Winchell. Each of these permits specifically recite that if access to and from Ocean Pearl opens up, then the permit expires. Obviously, the lack of access p�G032016 *n. c"".HCj" along ocean pearl was well known and recognized by the regulator issuing these permits. During the hearing itself, Mr. Wmchell confirmed under oath that he he had no deeded access to his lot and was entirely dependent upon the good will of his neighbors to get to his own house. He needed and received a dune cross over permit issued by CAMA to build his house and he subsequently decided to dismantle his own hatteras ramp and rely on his neighbors goodwill. He then strenuously objected to my cleints doing the same thing he did. Finally, I spoke with the County Attorney, Ike McRee, about the possibility of having the County obtain a public access from the beach to Ocean Pearl. Mr. McRee told me that the county has no rights of condemnation in road ways and no ability to obtain a public access to Ocean Pearl. Evidently, the county relies on its subdivision plat approval process to ensure that lot owners have access. As noted above, that horse left the barn back in 1972. Any regulators are free to seek confirmation directly from the County on this issue. In summary, there is an immediate need for Ms. Letendre to obtain a vehicular dune access directly from the beach to platted parking lot on the west side of their home. The historical route of ingress and egress to and from Ocean Pearl are now being closed off by private landowners asserting private property rights and barring such access. When the construction began and the permit request were originally made, it was assumed that the historic route of access used by the general public across Munson Lane to Ocean Pearl would continue in perpetuity. Those assumptions were incorrect. There is no alternative but to requeste a vehicular dune cross over permit from CAMA and a fill permit from the Army Core of Engineers to cross over the designated wetlands inorder to access to the platted parking area previously approved by the county and CAMA. If you, or anyone within the regulatory agencies have any fiuther questions or need any additional documentation, do not hesitate to contact me directly. Sincerely, Gregory E. Wills GEW/ajd Cc: Client Bernie Mancuso Ike McRee Ben Woody RECEjVr AUG 0 3 `` eeex ] ] �£tvutifr�12J@ 6. O�`,.'. .. M i1'ISU Na wt�C�tYOl Cas�1 'Its M �a�r Ln, H^de' d�ai6 WWrc trek tttr, NC Wr�arra r 2�r�.r tO�TAXAM0VNr�—jqa Cn� aemy aptrc.r er oed. ea 1198-290-292 OLLEMPL Prep William Brumaey,l8hji Fle=12B44020 Mail after dkrg to: Kellogg & Evans, PA, P.G. Box 199, Mamem NC 27954 e,� xoumnvwrat tawsmaaPn ap PIN: 113A-A�[00g 0000 'anC�arotwx>um ! oug NORTH CAROLINA GENERAL WARRANTY DEED CURM UCK COUNTY THIS DEED. to and entered into this 3M day of April. 2012, by and betss'aa VIRGINIA A.'TEACHF. husband GARY REMUS TEACHEY; SHELLEY T. KIGER, (farmmly Shelley er Teachey) and husband, DAYTON KIObR; LESLIE LEAN TEACFTEY, unmerri d ereinalter called Grantors, whose addresm is 9713 Ckemplm Falls Drive, Wilmi NC 29411 and ELIZARM R. LETENDRE herein ralkd Gramee, wh �roraw nt mailing address is 46 Edam Road, Rockport, MA 01966; `J The designation ofGrentor ail tee as used berein shall include said perim their helm, and successors and assignXmd shall include singular, plural, mauuline, feminine or neuter as required by come (>�i WITgESSETH: THAT the Counters, for a valuable c M-tion paid by the Grantee, the receipt of which i6 hereby acknowledged, have and c presents do grant, bargain sell and emvey, smto the Grantee a fee simple interest, d to all that certain lot or parcel of land situated in Fruitville Township, Currituck Omay, North Carolina, and more particularly described as follows: CX Lot 8 a delineated on plat of "Ocean Reach", prepared by S. Elmo Williams, Registered Surveyor, under date of June 24, 1976. of record in Plat Cabinet A, Page 2, in the 4-Awk Registry. .All or a portion of the property herein conveyed don or _X_ does not include the primary residence of a Grantor. The property hereinebove described was acquired by Gai?)prs by instrument recorded in Deed Book 329. Page 735; Book 332, Page 321 and BB11354, Page 194. TO HAVE AND TO HOLD the aforesaid IN or parcel of IerQkod all privileges and appurtenanasa thereto belonging to the Grantee and his helm and *&gns Coma. And the said Grantors covenant with the Grantee, that Grant," seized of the promises in fee simple and have the right to convey the same in fee simpl it m titleis marketable and free and clew frum all aueumbrances, and that tremors wt and defend the title against the lawful claims of all persons whomsoever except Vq aecepti' herein stated. Title to the property hereimbove described is subject m the following ex gars: 1. Reservatious, restricliona and amomenn of record. IN TESTIMONY WHEREOF, the said Grantors have hereunto act their band end official mad, or if Corporate, have caused this instrument to be signed in its corporate noire by its duly authorized officers and its seal to be hereuum affixed by authority of its Board of Dirvewrs, the day and year Hot above written. Book 1198 Page 290 RrCE'VE0 AUG 0 3 2016 DCM_ A'"HD CITY w 1198PaoF0291 r U^ SIGNATURE PAGE TO DEED FROM VIRGINIA A.'IEACHE'Y and husband GARY REMUS IEACHEY; IiEIIELLEY T. KIGER, (f nmedy Shelley WallerTeschey) and 0 husband, DAYTON KIGEIL LESLIE LEAH TEACHEY, unmarried, GRANTORS, TO Yh RIAZAFFTH E. LETENDRE, GRANTEE Gra dom: ,ifV 4Vx 41 A, Q , a Mh 4 (SEAL) `I VI�RGG rAy71EACHEY (SEAL) Q GARY RBW.S TEACHEY 0 J (SEAL) LES IE LEAR TEACHEY State of NC CC Coumy/City of PM.d44 I, a Notary Publ��'p$gIthe County and Stme aforesaid, certify that VIRGINIA A. TEACHFY etd huabandjirlRY RP.MUS TP.ACHEY personally appeared before ma this day and acknowledged ilil 6k ocution of the foregoing ittstru m. Witness my hand .4 icial stamp or seal this the JL day of April, 2012. y{iffix seal) a� rp,,,.__ NotaryIFubliV "UtIfs%%00 V kj..k9. lA �� MY conuniasion expires: Y S W. _ _ State of NC Cmmiy/City of C6_ L a Notary Public of the County and State sforesqd, certify that LESUE LEAH TEACHEY personally appeared bcfo me this day and aowledged the execution of the foregoing iusumucnl 0 Wime::s my hand and official sump or seal this the of April, 2012. 7 O�Qy ( ,6k, ., Notary Pubi' `�--- s era" •� +y MY cattunissioo expires: rYUYT .s c —ate i� r �rcrhH mypsor Book 1198 Page 291 i� eooN 1198w1��2J2 G SIONATURE PAGE TO DEED FROM VIRGINIA A. TEACHEY amd husband OARY REMUS TEACHEY, SHELLEY T. KIOER, (fommAy Shelley Walker Teachey) end husband, DAYTON K1OER. LESLIE LEAH TEACHEY, uoma vied, GRANTORS, TO ELIZAEETH E. LEfENDR& GRANTEE d1 Sum ul Couay KIGER acknowledged the exccu6p of the foregoing instrument. Wimess my hand a� official stamp or Seel Mile the 5"fday of Aprg, 2012. YA� �" Y" ,nix seal) V "MVe!.%tJ� Notet� ;66c Y My cownision expucs:_,_ a'a4A 0 I� 0 Yfi Y'l` RECEIVED Book 1198 Page 292 AUG 0 3 2016 DCM- MHD CITY ECIf- IVE Water Resources ENVIRONMENTAL QUALITY �i i )CM-Fi ie 29, 2016 Ms. Elizabeth Letendre 46 Eden Road Rockport, MA 01966 PAT MCCRORY G"d%ar DONALD R. VAN DER VAART se"ary S. JAY ZIMMERMAN DWR # 13-0708 v3 Currituck County subject: Approval of Individual 401 Water Cluality Certiflcation with Additional Conditions - Modification Elizabeth Letendre Lot 8 USACE Action ID. No. SAW-2013-01656 RECEIVE' Dear Ms. Letendre: AUG U 3 2016 Attached hereto is a copy of Certification No. 4004 issued to Ms. Elizabeth LetJWAbtM'JtilfeC'TY 29, 2016. This Certification replaces the Certification Issued on October 2, 2014. The applicant requested modification of the permit to add 0.035 acres of direct and indirect wetland impacts for an access road. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This apprnuaLandrts conditions.aretinal and binding.unless contested. This CertificatipD Can, Jae contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within slxty (60) calendar days. A petition form may be obtained, from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Sate dNorth Cmolum : Environmewl Quality Weter Renounces 1617 Mail Service Center I Releieb, North Carolina 27699-1617 919 807 6300 Mailing address for the OAH: !f sending via US POSial Service; P Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 2 of 7 If sending via delivery service (UPS, fedE,, etc). Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Jennifer Burdette at 919-807-6364 or Jennifer. burdette(@ncdenr Roy or Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh(aTn_ c�ov if you have any questions or concerns. Sincerely, f Karen Higgins, SupervIs 401 & Buffer Permitting Branch CC: George Wood, P 0 Box 3368, Kill Devil Hills, NC 27948 USACE Washington Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR WaRO 401 file kWR 401 & Buffer Permitting Branch file k Filename: 130708v3Eliza bethLetendreLot8(Currituck)_401_IC_Mod.docx Ms. Elizabeth Letendre DW R# 13-708 v3 Individual Certification #4004 Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4004 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to Ms. Elizabeth Letendre, who has authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 11, 201, by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on July 17, 2014, and your modification request received by the Division on May 31, 2016 and subsequent information received by the Division on June 22, 2016 and June 28, 2016. The State of North Carolina cer3ifies,that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: I. Impacts Aoaroved The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary 404/401 Wetlands 0.133 (acres) 0 (acres) (shading) 404/401 Wetlands 0.076 (acres) 0 (acres) (fill) 2. Stormwater Management Plan The SMP approved by the Division of Energy, Mining and Land Resources on September 3, 2013 under the state stormwater program meets the requirements of the 401 Certification Program. [15A NCAC 02H .0506(b)(5)) 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification for this project. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference�lu%5 E �V enforceable parts of this permit. [15A NCAC 02H .0501 and .0502] AUG 0 3 2016 DCM- MHD CITY Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 4 of 7 4. Sediment and Erosion Control Erosion and sediment control governing practices must be in full compliance with all specifications the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit Issued to the site, and comply with the following requirements (15A NCAC 02H .0506(b)(3) and c 3 a• Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the Project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. C. Reclamation measures and implementation must comply with the reclamation in ct and the accordance with the requirements of the Sedimentation Pollution Control A Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H .0501 and .0502] 6. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is Covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: AUGp3�n, ..o Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 5 of 7 http://portal.ncdenr ora/web/wa/ws/su/nl2dessw#tab w. [15A NCAC 02H .0506(b)(5) and (c)(5)] 7- Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)] 8. If concrete is used during the construction, then all necessary measures shall be takeh to Prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC O2B .0200] 9. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)] 10. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2) and (c)(2)] 11. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed -areas -shall be restricted to the area directly impacted bytheapproved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 12. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)) RECEIVED AUG 0 3 2016 DCM- MHD CITY Ms. Elizabeth Letendre r DWR# 13-708 v3 Individual Certification 94004 Page 6 of 13. q one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas 7 including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. [15A NCAC 02B .0200 and 1SA NCAC 028.02311 14. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers within the project boundaries in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, Whichever is appropriate. A sample deed notification can be downloaded from the 401 &Buffer Permitting Unit website at h=1600rtal-ricclenr. r web w sw sample deed notification maws 401 certsand ermits a I forms. The text of the y be modified as appropriate to suit to this project. Documentation of deed notifications shall be provided to the Division upon request. USA NCAC 02H .0501 and .0502] 15. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 16. Continuing Compliance Ms. Elizabeth Letendre shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [1SA NCAC 0213.0200] If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary rmy a to ssure compliance, the pongineers, provide Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Ms. Elizabeth Letendre and the U.S. ACors f E public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be Provided to Ms. Elizabeth Letendre in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 17. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502) AUG p 3 2016 CM_ Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 7 of 7 18. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: htt : ortal.ncdenr org/web/wa/swn/ws/401/certsandP rmits/aniply/forms). [15A NCAC 02H .0507(c)] 19. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. f15A NCAC 02H .0502(e)) This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted.inyour appgcatlgn_shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 29nd day of June 2016 } Karen HC�� 'i l ggins, isff 401 & Buffer Permitting Branch 4004 RECEIVED AUG 0 3 2016 DCM- M.HD CITY Coastal Management ENVIRONMENTAL QUALITY September 12, 2016 Michael & Marie Long 132 Toler Road Williamsburg, VA 23185 Dear Mr. and Mrs. Long: PAT MCCRORY Goremor Secretary BRAXTON DAVIS Thank you for your concerns regarding the Major Modification request to Coastal Area Management Act (CAMA) Major Development Permit issued to Elizabeth Letendre, in Currituck County. The Division appreciates your concerns about the proposed project. In this case, no inconsistencies with the Coastal Area Management Act were identified. Consequently, the Division has issued a Major Modification to Major Permit No. 25-14 for the proposed activity. A copy of the permit is being provided to you for your information. Please take note of Conditions 3 and 6 which directly address concerns with construction setbacks and local ordinances. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at courtney.spears@ncdenr.gov. cc: Elizabeth City, DCM Assistant Major Permits Coordinator Nothing Compares � State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 T es � l � a, r Coastal Management ENVIRONMENTAL QUALITY July 25, 2016 Michael & Marie Long 132 Toler Road Williamsburg, VA 23185 Dear Mr. and Mrs. Long: PAT MCCRORY Governor DONALD R. VAN DER VAART Secrolmy BRAXTON DAVIS Thank you for your emails (2) dated May 16, 2016 and July 19, 2016 including attached photos, concerning the Coastal Area Management Act (CAMA) Major Modification Permit application submitted by Ms. Elizabeth Letendre, in which permission was requested to install a wooden Hatteras ramp over a primary dune and create a sand driveway adjacent to your property located in Corolla, North Carolina. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you submitting comments on this application. Your comments will be added to the official permit application file for this project. Please feel free to contact me by phone (252-808-2808 extension 215), or email (courtney.spears@ncdenr.gov) if you should have any additional concerns relating to this project. Sincerely, r 7 V�1 Courtney Sp rs Assistant Major Permits Coordinator �Vothincg Compares State of North Carolina I Environmental Quality i Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 T I Spears, Courtney From: Renaldi, Ronald Sent: Wednesday, July 20, 2016 8:09 AM To: Spears, Courtney Cc: Carver, Yvonne; Huggett, Doug Subject: Letendre MP#25-14 Major Modification Attachments: Fwd: Pics; Fwd: Dune crossover and comment letter Courtney, �t-fnd,Ye Mai 0 �% Vl/11� You will be receiving this request shortly for the proposed hatteras ramp and driveway. I just received the attached emails from Marie Long (adjacent owner to the south) this morning in regards to objecting. The one with the pictures will not print out correctly for me, so here it is. If you have any questions, let me know. Ron Renaldi Field Representative NC Division of Coastal Management NC Department of Environmental Quality (252) 264-3901 ext. 237 office Ronald. Renaldi@ncdenr. gov 1367 US 17 South Elizabeth City, NC 27909 '' C^Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. CI Spears, Courtney From: Ifelas@aol.com Sent: Tuesday, July 19, 2016 9:16 PM To: Renaldi, Ronald Cc: Jennings, Frank, Mary Lucasse; Goebel, Christine A Subject: Fwd: Pics These are pies referenced in the email we just sent with comments on Letendre CAMA modification application. Marie and Mike Long Sent from my iPhone Begin forwarded message: From: lfelas ,aol.com Date: May 16, 2016 at 3:14:48 PM EDT To: Frank Jennings <frank.iennings@ncdenr.gov> Cc: Ron Renaldi <ronald.renaldi@ncdenr. ov> Subject: Pies I stated that we had pies because it felt a little like you might feel like we were making claims rather than stating facts . Hopefully we misunderstood. These are 3 pies that we can put our hands on right now ( these were actually taken about a year after crossover construction as our house was completed in Jan 2004 - and even then you can see how the dunes that are where our crossover is are almost flat as are the ones adjacent to them - this is where the breach we referred to was located ). We have more pies taken during actual construction that we can gather . We can understand another property owner feeling that they are being treated differently if they try to compare our crossover to what they want to do - that is why we wanted to go on the record that there is no comparison. We have tried very hard to follow all rules and regulations in our 14 years of owning our property at 1437 Ocean Pearl. Thanks Mike and Marie Long , Spears, Courtney From: Ifelas@aol.com Sent: Tuesday, July 19, 2016 9:14 PM To: Renaldi, Ronald Cc: Jennings, Frank; Mary Lucasse; Goebel, Christine A Subject: Fwd: Dune crossover and comment letter Ron, Here are our comments on the current CAMA modification application for the Letendre project. Some of what we are submitting here is just to be sure all info on this official application is correct. First we will address Greg Wills' letter dated 5/20/16 addressed to George Wood. On page 2, paragraph 2 - There is no deeded access to anywhere on Munson Lane. Munson Lane is a private right of way ( just as Malbon Lane to the south was), owned by the property owner of the 3 lots to its north (McKay's Circle lots) . There is an easement across 1489 Ocean Pearl Rd ( south of Munson) that is for the owners of the properties west of Ocean Pearl ( sound side). Munson is private. Page 2, paragraph 3 - The letter was sent out to Twiddy without the permission or knowledge of the owner of Munson Lane. The owner had been talking with Twiddy to try to come to some resolution on the use of Munson. The whole issue of " closing" Munson was brought about by the continuing destruction of the property by vehicle use, vandalism of the property, and the potential liability of the owner for anything occurring on Munson. When the owner was approached by several property owners closest to Munson he began trying to figure out a way to make things work out for everyone. The possible solution appeared to be offering the purchase of Munson Lane to all Ocean Pearl Rd property owners ( price of $50,000 was calculated to be divided among all wishing to participate). The lot owners who have talked to Munson's owner are very open to working together with anyone wanting to participate. ( we would point out here that we were the first to point out to Munson's owner that we thought it was important that all property owners be included). We would also point out in this paragraph a false statement that Mr Wills has made that we find extremely offensive - that the Longs are "extremely litigious". We are both in our mid -sixties and neither of us has ever been involved in any lawsuit of any kind before our recent case against Currituck County and Ms Letendre . We have felt very strongly in the principle that this project is 3 bldgs ( as CAMA acknowledges) and that the project does not comply with the county UDO. For that reason alone we have pursued, through all the proper channels, our case based on this principle. This statement is not only untrue, but disrespectful and unprofessional. Also in this paragraph Mr Wills again brings up our driveway/dune crossover. We wrote to you back in May and chronicled the permitting and construction of our drive/crossover in 2002. Rather than repeat again, we have forwarded below that information ( pies separately). Page 2, paragraph 4 - we have a copy of the extensive report done by Munson's owner's lawyer giving the history and facts of Munson and the surrounding properties, if needed. Page 2, paragraph 5 - Mr Wills info, once again, on the "opening up of access to Ocean Pearl" on our CAMA permit is incorrect. As you can see from the below emails, the access to our lot from Ocean Pearl was shown to be an easement on the lot south of us. The easement was never recorded and does not exist . This required us to get our permit for crossover ( and if that easement ever opened up we would not need it). Munson nor Malbon were ever a part of our permitting process. On the actual Application for Major Development Permit - Part 4 -i - this project is not consistent with applicable zoning as per the NC Court of Appeals decision published June 31, 2016 (we understand you have read that decision). This question is answered incorrectly. And it would actually seem that this court decision would void the original CAMA major permit issued on this project. Part 4 - n, o, p - are these systems actually currently in existence ? Upland Development form - e - has a permit for over an acre of disturbed land been issued by NCDEQ? On the drawing included - Will there be any kind of barrier built to ensure that vehicles driving on driveway that is on northern property line do not cross onto that adjoining lot ? There is a large sand disposal area shown east of Bldg 2 ( similar to the area that sand was pushed into when original crossover was built and was considered parking area and found in violation) - will that be used for parking, and if not, how will that be enforced ( any vehicle, including construction, emergency, vendors) wider than 10 feet will not fit on the driveway to get to back of bedroom bldgs). Thank you. Marie and Mike Long 1437 Ocean Pearl Rd Sent from my iPhone Begin forwarded message: From: Ifelas@aol.com Date: May 16, 2016 at 2:43:54 PM EDT To: "Jennings, Frank" <frank.iennings@ncdenr.eov> Cc: "Renaldi, Ronald" <ronald.renaldina ncdenr. ov> Subject: Re: Dune crossover Mr Jennings I will be glad to gather the pictures and will send them on to you. I feel compelled to ask if you have some reason to think we are not being accurate and honest about our crossover construction Sent from my iPhone A On May 16, 2016, at 2:33 PM, Jennings, Frank <frank.iennings(a ncdenr.gov> wrote: I'll be happy to receive them. Thanks again. Frank A. Jennings, III District Manager Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 235 252-264-3723 (fax) frank. i enningsgncdenn gov 1367 US Hwy 17 South Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: lfelas ,aol.com rmailto:lfelasng.aol.com] Sent: Monday, May 16, 2016 2:31 PM To: Jennings, Frank < rank.jennings@ncdenr.gov> Cc: Renaldi, Ronald <ronald.renaldi(a hcdenr.gov> Subject: Re: Dune crossover We have pictures to document our claims . Thanks Mike and Marie Sent from my iPhone 3 On May 16, 2016, at 2:27 PM, Jennings, Frank <frank.ienningsng.ncdenr.gov> wrote: This means I understand what you claim in your explanation. Thanks again. Frank A. Jennings, III District Manager Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 235 252-264-3723 (fax) frank. i ennings(2ncdenr. gov 1367 US Hwy 17 South Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Ifelas e,aol.com [mailto:lfelas@aol.com] Sent: Monday, May 16, 2016 2:17 PM To: Jennings, Frank <frank.iennings@ncdenr.goy> Cc: Renaldi, Ronald <ronald.renaldina ncdenr.gov> Subject: Re: Dune crossover Thanks We are assuming that this means that it is understood that the current elevation is significantly higher than when the crossover was constructed and that no sand removal or decrease in the size of the dunes has ever occurred. I Mike and Marie Long Sent from my iPhone On May 16, 2016, at 1:54 PM, Jennings, Frank <frank.jennings c@ncdenr.gov> wrote: Thank you Mr. and Mrs. Long. This certainly helps explain the elevation of your crossover. Frank A. Jennings, III District Manager Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 235 252-264-3723 (fax) frank. j ennings(2ncdenr. gov 1367 US Hwy 17 South Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: lfelasnaol.com rmailto:lfelas@aol.com] Sent: Thursday, May 12, 2016 2:16 PM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Jennings, Frank <frank J enningsnncdenr. gov> Subject: Dune crossover Ron and Frank, We know our dune crossover and driveway( at 1437 Ocean Pearl) has been brought up by others in the continuing issues over the crossover permit at 1441 Ocean Pearl. We are writing to you, as CAMA representatives, simply to document the correct information on the permitting and construction of our crossover . All of the plats and info we had on our property in 2002 indicated that access to our lot from Ocean Pearl was by way of an easement on the adjoining lot to our south ( there is a pond behind where our house was to be built that goes from south to north that prevented entry at the time ). Just before closing we found that this easement had never been recorded with the county and therefore did not exist . We completed the purchase of our property, and with the assistance of our builder and Mr George Wood we were issued a CAMA minor permit for our home including a dune crossover and drive from the beach. This permit was issued by Drucilla Hodges, LPO in Corolla at that time. At the time the dunes and surrounding property were significantly different than they are now. The dune system had been destroyed by weather and almost didn't exist in spots. Our "crossover" was created simply by driving through an existing natural breach in the dune and involved no cutting or removal of sand. The dune has never been damaged , destroyed or reduced in size - actually the opposite is true. For 14 years we have maintained the integrity of the dunes and increased their size and stability by installing sand fencing and repairing it when damaged . What you see today is a result of that continued work and dedication to protecting the dunes. The original "construction" involved an existing opening in the dune and follows the natural contour of that opening. Comparisons to the dune crossover at 1441 are incorrect and irrelevant . As we said, this is really FYI and files but feel free to give this info to anyone if needed . Thanks Mike and Marie Long 1437 Ocean Pearl Rd Sent from my iPhone DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Elizabeth Letendre County: Currituck LOCATION OF PROJECT: 1441 Ocean Pearl Road, Lot #6 in Ocean Beach S/D, Corolla DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 07/07/16 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Date: 10 /f. B) DATE RECEIVED BY MAJOR PERMITS UNIT: a FEE REC'D: $ 250 (100%) PUBLIC NOTICE REC'D: Advertise: 07/24/16 END OF NOTICE DATE: Comments due: 08/13/16 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: 1 C) 75 DAY DEADLINE: 09/20/16 MAIL OUT DATE: Circulation: 07/20/16 FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: 08/10/16 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative b 'yll 10 V SSyUX ytLQ Coastal Management - LUP Consistency ✓ 1 T//Ne x L , rOxs SIXEy�' Division of Community Assistance (Q k no 1. Land Quality Section--DEMLR —Aquifer ProtectionW) _ yDWR/DWQ-Storm Wateritirlli UX�ifY SLvDWR—Public Water Supply gsu)'DWR/DWQ (7 LState Property Office X 1 D Division of Archives & History —Cultural Res. Zq X Division of Env. Health —Shellfish Sanitation "�f of lit Kp(AMWASCEIVED Division of Highways --DOT N/1 p Wildlife Resources Commission Local Permit Office/Planning Dept. ('ftM 40W M H D CITY C DMF—DCM Fisheries Resource Specialist 4) no {' Corps of Engineers 5 (p X SA vv W 13 — ( P Ytajved g 4 o 1 1 ai"Atmq j l etAzCi tali dvt N Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM PAT MCCRORY Gowmor DONALD R. VAN DER VAART secretary TO: Courtney Spears, Assistant Major Permits Coordinator THROUGH: Frank Jennings, District Manager Jop FROM: Ron Renaldi, Field Representative R.A.R. DATE: August 16, 2016 BRAXTON DAVIS Ammr SUBJECT: Elizabeth Letendre Major Modification to CAMA Major Permit #25-14 The applicant proposes to install a wooden Hatteras ramp over a primary dune and create a sand driveway from the ramp to an existing parking area that will require USACE 404-wetland fill. The site of the proposed development is located at 1441 Ocean Pearl Road, Lot #8 within the Ocean Beach SI D, Corolla, Currituck County, adjacent to the Atlantic Ocean. The development proposal involves the Ocean Hazard (Ocean Erodible Area) Area of Environmental Concern (AEC). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 07H .0303 MANAGEMENT OBJECTIVE OF OCEAN HAZARD AREAS (a) The CRC recognizes that absolute safety from the destructive forces indigenous to the Atlantic shoreline is an impossibility for development located adjacent to the coast. The loss of life and property to these forces, however, can be greatly reduced by the proper location and design of structures and by care taken in prevention of damage to natural protective features particularly primary and frontal dunes. Therefore, it is the CRC's objective to provide management policies and standards for ocean hazard areas that serve to eliminate unreasonable danger to life and property and achieve a balance between the financial, safety, and social factors that are involved in hazard area development. (b) The purpose of these Rules shall be to further the goals set out in G.S. 113A-102(b), with particular attention to minimizing losses to life and property resulting from storms and long-term erosion, preventing encroachment of permanent structures on public beach areas, preserving the natural ecological conditions of the barrier dune and beach systems, and reducing the public --' Nothing Compares'- RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 AUG 2 9 2016 Phone: 252-264-3901 \ FAX: 252-2643723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity\ Affirmative Action Employer DCM- MHD C;TY W Courtney Spears, Assistant Major Permits Coordinator Elizabeth Letendre Major Permit Recommendations August 16, 2016 Page 2 costs of inappropriately sited development. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to and use of the lands and waters of the coastal area. Consistent: The proposed development is consistent with the intent of this rule. 07H .0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS (b) In order to avoid weakening the protective nature of ocean beaches and primary and frontal dunes, no development shall be permitted that involves the removal or relocation of primary or frontal dune sand or vegetation thereon that would adversely affect the integrity of the dune. Other dunes within the ocean hazard area shall not be disturbed unless the development of the property is otherwise impracticable. Any disturbance of these other dunes is allowed only to the extent permitted by 15A NCAC 07H .0308(b). Consistent: The proposed development is consistent with the intent of this rule. (c) Development shall not cause irreversible damage to historic architectural or archaeological resources documented by the Division of Archives and History, the National Historical Registry, the local land -use plan, or other sources. Consistent: The proposed development is consistent with the intent of this rule. (d) Development shall comply with minimum lot size and set back requirements established by local regulations. Consistent: It appears that the proposed development is consistent with the intent of this rule; but it should be reviewed by Currituck County for approval. (f) Development shall comply with general management objective for ocean hazard areas set } forth in 15A NCAC 07H .0303. F- LLI U Consistent: The proposed development is consistent with the intent of this rule. > 2 p (h) Development proposals shall incorporate measures to avoid or minimize adverse impacts L ea = the project. These measures shall be implemented at the applicant's expense and may includew a actions that: U (1) minimize or avoid adverse impacts by limiting the magnitude or degree of the action, 0 (2) restore the affected environment, or (3) compensate for the adverse impacts by replacing or providing substitute resources. Consistent: The proposed development is consistent with the intent of this rule pending any mitigation payment or other requirement of the US Army Corp. of Engineers. 1 Courtney Spears, Assistant Major Permits Coordinator (� Elizabeth Letendre Major Permit Recommendations August 16, 2016 Page 3 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS (c) Structural Accessways: (4) In order to avoid weakening the protective nature of primary and frontal dunes a structural accessway (such as a "Hatteras ramp") shall be provided for any off -road vehicle (ORV) or emergency vehicle access. Such accessways shall be no greater than 10 feet in width and shall be constructed of wooden sections fastened together over the length of the affected dune area. Consistent: The proposed development is consistent with the intent of this rule. 07H .0309 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS (a) The following types of development shall be permitted seaward of the oceanfront setback requirements of Rule .0306(a) of the Subchapter if all other provisions of this Subchapter and other state and local regulations are met: (2) driveways and parking areas with clay, packed sand or gravel; Consistent: The proposed development is consistent with the intent of this rule. In all cases, this development shall be permitted only if it is landward of the vegetation line or static vegetation line, whichever is applicable; involves no alteration or removal of primary or frontal dunes which would compromise the integrity of the dune as a protective landform or the dune vegetation; has overwalks to protect any existing dunes; is not essential to the continued existence or use of an associated principal development; is not required to satisfy minimum requirements of local zoning, subdivision or health regulations; and meets all other non -setback — requirements E IV E requirements of this Subchapter. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0601 No Violation ofAnv Rule AUG 2 9 2016 DCM- MHD C1� No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H0602 Pollution of Waters No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish waters when a use attainability study of those waters documents the presence of a significant shellfish resource in an area that could be Courtney Spears, Assistant Major Permits Coordinator Elizabeth Letendre Major Permit Recommendations August 16, 2016 Page 4 expected to be opened for shellfishing given reasonable efforts to control the existing sources of pollution. Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend that a Major Modification to CAMA Major Permit #25-14 be issued to Elizabeth Letendre. Coastal Management ENVIRONMENTAL QUALITY July 20, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Elizabeth Letendre 1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co. Proposed Project: Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/10/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. AUG U 8 2016 This agency has no comment on the proposed project. DCM- MHD CITY 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. SIGN "Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] PAT MCCRORY G DONALD R. VAN DER VAART ` BRAXTON DAVIS Coastal Management EN V RON MENTAL (DUALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal Management FROM: Charlan Owens(,< 1CP, District Planner Division of Coastal Management SUBJECT: Major Permit Modification Request (CAMA Major Permit #25-14) by Elizabeth Letendre to install a 10 foot wide by 200 foot long wooden Hatteras ramp connecting to a 10 foot wide by 355 foot long sand driveway; on an oceanfront property located at 1441 Ocean Pearl Road, in the community of Carova Beach, Currituck County. Date: August 3, 2016 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through June 24, 2009. Overview: The 3.67 acre subject property has 146 linear feet of oceanfront shoreline. The property is located in the 'off -road" four-wheel drive area. The eastern '/ of the property is within the VE Floodzone. The property has AE Floodzone along the western edge and Shaded X toward the remaining interior of the property. The property lies within the Coastal Barriers Resource Act (COBRA) Zone, where no structure is eligible for Federal flood insurance and no Federal money may be spent to stimulate development. Base Flood Elevation (BFE) for this area is 12 feet above sea level, which sets 18 feet as the minimum dune height to be considered a primary dune. A primary dune with a height ranging from 20 to 26 feet above sea level runs the width of the property. The primary dune crest is located 15 feet to 35 feet landward of the First Line of Stable Natural Vegetation (FLSNV). Primary dune widths range between 155 feet to 175 feet. The seaward primary dune toe extends 45 feet to 65 feet east of the crest and has a steep slope while the landward toe extends 100 feet to 125 feet to the west and has a gentler slope. Dune vegetation consists of sea oats, American beach grass and various herbaceous plants. On the landward side of the dune, elevations drop to 6 feet above sea level and maintain a flat profile for 230 feet. Two (2) sections of Section 404 Wetlands are located within this area. Further west is a secondary dune line with a height of 20 feet and a width of 120 feet. On the west side of the secondary dune, elevations drop to 5.5 feet and there are four (4) additional areas of Section 404 wetlands. Existing site improvements consist of three (3) residential structures connected via a structurally detached conditioned breezeway, a partially enclosed pavilion, wooden walkways, a pool, wooden deck, a well, a septic system, parking area and a drivewway C gvED AUG 0 8 2016 ---"Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 6 improvements are located between the primary and secondary dunes, with the driveway extending west to Ocean Pearl Road. Recently, access to Ocean Pearl Road from the beach area has been contested and cut off or is in the process of being cutoff. This is the only access to the site from the beach driving area. CAMA permitting history for the site includes: CAMA Major Permit #25-14 issued in March 2014 for construction of the three (3) residential structures and breezeway, partially enclosed pavilion, pool, a concrete pool deck, a well and septic system, wooden beach accessway with dune deck, and sand driveway with unimproved parking spaces; a minor modification issued in June 2015 authorizing relocation of the wooden beach accessway with dune deck, addition of a shower platform, reconfiguration of the pool area, addition of a large wooden deck and walkway system between buildings and the addition of stairs to the buildings, and; a minor modification issued in July 2015 for installation of a 10 foot wide by 195 foot long by 1 foot deep wood chipped vehicular construction/emergency dune crossover with a maximum grading depth of 1 foot. All permitted work has been completed on the site with the exception of the wooden beach accessway with dune deck and the vehicular dune crossover. Installation of a 10 foot wide by 200 foot long wooden Hatteras ramp connecting to a 10 foot wide by 355 foot long sand driveway is proposed. The Hatteras ramp will be installed over the primary dune. The slope of the ramp will require a 10.75 foot elevation to be cut out of the dune at the crest. The ramp will begin on the beach at the 8 foot elevation contour and continue landward for 98 feet where it will crest at 19.9 feet. The landward slope of the ramp will be 102 feet in length ending at the 10 foot elevation contour. To prevent sand from sloughing into the ramp, the adjacent dune area will be graded to a 3:1 slope. A 40 foot by 90 foot area on the landward side of the ramp has been designated as a sand disposal area. The sand driveway will be constructed at grade and extend from the ramp to existing parking areas located on the west side of the property. The driveway will be routed along the north side of the property and will impact two (2) Section 404 wetland areas. The driveway through the wetland areas will be undercut, lined with filter fabric and filled back to grade with sand. The ramp and driveway will provide access to the site from the ocean beach. The waters of the Atlantic Ocean are classified as SIB in this area and are open to shellfish taking. There appear to be no archaeological sites on or near the property. Anticipated impacts resulting from this project are expected to include: the filling of 1,006 sq. ft. of Section 404 Wetlands within the Ocean Hazard Area of Environmental Concern (AEC) and the disturbance of .28 acre of Ocean Hazard Areas of Environmental Concern (AEC). RECEIVED AUG 0 8 2016 -^'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management DIMs e'9 '.- . 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality MEMORANDUM C 1 Division of Coastal Management Page 3 of 6 Basis for Determination: The property is located within the "Carova" subarea and is designated as "Limited Service Areas (Areas Preferred for Low Density Development)" on the Currituck County Future Land Use Map (FLUM). Areas of Environmental Concern (AECs) are designated as "Conservation Areas' as indicated on Page 11-1. As indicated on Page 11-11 for the Carova Sub -Area, "(t)he policy emphasis of this plan is to allow for very low to medium density residential development ... In terms of infrastructure, this means that ...no hard surface roads will be allowed. Further, only services that protect the health, safety, and welfare (i.e. law enforcement, fire and rescue.) will be authorized..." As indicated on Pages 11-1 and 11-2, "(t)he purpose of the Limited Services Area class is to provide for primarily residential development at low densities. While low -density development may continue to locate in these areas, it is recognized that soil limitations, flood prone areas, and a lack of infrastructure and services may prevent these areas from ever reaching an urban level of development. Residences in these areas usually employ wells and private septic tanks." As indicate on Page 11-1, "(t)he purpose of the Conservation class is to provide for the long- term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The Conservation class should be applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features." Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster', "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". The following LUP policies may be applicable to this request: Public Access: Policy PA1, Page 9-3. "Public access to the sound and ocean waters of Currituck County is essential to the quality of life of residents and visitors, as well as the economy of the area. The County supports the establishment of ADDITIONAL PUBLIC AND PRIVATE ACCESS opportunities to the waters of Currituck County." RECEIVED AUG 0 8 mis --'>"NothingCompares _,. DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elisabeth City, NC 27909 252-264-3901 Gti North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 6 Land Use Compatibility: Policy ES1, Page 9-5. "New development shall be permitted to locate only in areas with SUITABLE SOIL and where ADEQUATE INFRASTRUCTURE is available...." Policy ES2, Page 9-5. "NON -COASTAL WETLANDS, including FRESHWATER SWAMPS, AND INLAND, NON -TIDAL WETLANDS, shall be conserved for the important role they play in absorbing floodwaters, filtering pollutants from stormwater runoff, recharging the ground water table, and providing critical habitat for many plant and animal species. Currituck County supports the efforts of the U.S. Army Corps of Engineers in protecting such wetlands through the Section 404 permit program of the Clean Water Act, as well as Section 401 water quality certifications by the State of North Carolina." Policy ES4, Pages 9-5 and 9-6. The County also supports CAMA use standards for all COASTAL SHORELINES, whether estuarine or otherwise." Policy ES7, Page 9-5. "MARITIME FORESTS and SAND DUNES shall receive a high level of environmental protection and special consideration when reviewing public and private sector development proposals in Currituck County." Natural Hazards: Policy NH 1, Page 9-16. "The County recognizes the risks to life and property that exist within SPECIAL FLOOD HAZARD AREAS (i.e. areas having a 1 % chance of flooding in any year) that may be inundated during major storm events. The County will continue taking measures to mitigate these risks and will avoid taking any action in these areas that materially increases risks to life and property." RECEIVED AUG 0 8 2016 -"'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M- M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 5 of 6 Policy NH2, Page 9-16. "The County shall require development and redevelopment within SPECIAL FLOOD HAZARD AREAS to meet the standards of the National Flood Insurance Program and the County's Flood Damage Prevention Ordinance. Particular attention shall be given to development in VE (i.e. velocity wave) zones concerning standards for breakaway walls, no land disturbing activities, and no permanent enclosures below the base flood level." Water Quality: Policy WQ 4, Page 9-17. "RUNOFF AND DRAINAGE from development, forestry and agricultural activities shall be of a quality and quantity as near to natural conditions as possible. Post - development runoff shall not exceed pre -development volumes." Policy WQ 5, Page 9-17. "Development that preserves the NATURAL FEATURUES OF THE SITE, including existing topography and significant existing vegetation, shall be encouraged..." Subarea Concerns: Policy OBI, Page 9-21. "Currituck County supports the provision of INFRASTRUCTURE (e.g. potable water) AND SERVICES (e.g. law enforcement officers) adequate to meet basic quality of life and public health and safety requirements of residents on the Outer Banks, while at the same not stimulating inappropriate intensive development in environmentally fragile, hazardous barrier island areas." Policy OB4, Page 9-21. "Currituck County supports policies and actions that require the square footage, number of bedrooms, and/or occupancy levels of RESIDENTIAL STRUCTURES to be determined in proportion to lot size, as well as public health and safety issues concerning water supply and sewage disposal, fire safety, emergency services, parking, traffic loads during evacuations, etc." RECEIVED ^'Nothing Compares AUG 0 S 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elimbeth City, NC 27909 D C M- M H D CITY 252-264-3901 I a North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 6 of 6 Policy OB7, Page 9-21. "VEHICULAR ACCESS TO THE NORTHERN BEACHES (off -road areas) shall not compromise the environmental integrity of wildlife refuges, the estuarine research reserve, or other ecologically sensitive areas, or habitat for wild horses. Structures or other man-made improvements not specifically serving the public interest shall not be permitted to block vehicular access along the beach." RECEIVED AUG 0 S 2016 -^! Nothing Compares_.,. DC M- M H D CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Ehiabeth City, NC 27909 252-264-3901 u r,{ Coastal Management ENVIRONMENTAL QUALITY July 20, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Elizabeth Letendre BRAXTON DAVIS Director RECEIVED AUG 012016 DCM- MHD CITY 1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co. Proposed Project: Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/10/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. C�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 � T "vC DATE %- .t- P —,-** G' ---�' Nothing Compares Slate of North Carolina I EI viroomeotal Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252.264-39011252-264-3723[fax] Na{, , o. Coastal Management ENVIRONMENTAL QUALITY July 20, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: RECENED/NCDENRIDWR JUL 2 2 2016 4� �.ry4u n{n PAT MCCRORY Gommor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director 2v 13 ,,? vY t,v Robert Tankard, Environmental Engineer DWR - Water Quality, Aquifer Protection Section, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Elizabeth Letendre 1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co. Proposed Project: Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/10/16 to Courtney Spears Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead CiV. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. qD tvwL "n 00/0&L s agency has no comment on the proposed project. Zoo- C& . us 2-c 13-076?4 ms 6fMrPJ This agency approves of the project only if the reco ended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED \�/f \/ _ DATE 'O/A ^-'Nothing Compares� . State of North Carolina I UnvirmaxNd county I COMW Mmagemad 1367 US Hwy 17 South IEimbeth City, NC 27909 252-264-39011252r2"723[fax] NJ I� WaterResources ENVIRONMENTAL QUALITY June 2% 2016 Ms. Elizabeth Letendre 46 Eden Road Rockport, MA 01966 PAT MCCRORY Gowi &, DONALD R. VAN DER VAART stenrery S. JAY ZIMMERMAN Dimao, DWR # 13-0708 v3 Currituck County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions - Modification Elizabeth Letendre Lot 8 USACE Action ID. No. SAW-2013-01656 Dear Ms, Letendre: Attached hereto is a copy of Certification No. 4004 issued to Ms. Elizabeth Letendre, dated June 29, 2016. This Certification replaces the Certification issued on October 2, 2014. The applicant requested modification of the permit to add 0.035 acres of direct and indirect wetland impacts for an access road. Please note that you should get any other federal, state or local permits before proceeding with the subject project, Including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations, This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:O0am and 5:O0pm, excluding official state holidays): The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Slate orNothCaMUM I EmimameaRIQuallyl Waly Reeourms 1617 Mail Service Cenm I RaWSIL Nosh C mli.a 27699-1617 919 207 6300 G)l Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 2 of 7 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings i711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mall Service Center Raleigh, NC 27699-1601 Unless such a petition Is flied, this Certification shall be final and binding. This certification completes.the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov or Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Superviso 401 & Buffer Permitting Branch cc: George Wood, P O Box 3368, Kill Devil Hills, NC 27948 USACE Washington Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR WaRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 130708v3E1 izabeth LetendreLot8(Currituck)_401_IC_Mod.docx Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4004 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC . 02H .0500, to Ms. Elizabeth Letendre, who has authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 11, 201, by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on July 17, 2014, and your modification request received by the Division on May 31, 2016 and subsequent information received by the Division on June 22, 2016 and June 28, 2016.' The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-2,17 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary 404/401 Wetlands 0.133 (acres) 0 (acres) (shading) 404/401 Wetlands 0.076 (acres) 0 (acres) (fill) 2. Stormwater Management Plan The SMP approved by the Division of Energy, Mining and Land Resources on September 3, 2013 under the state stormwater program meets the requirements of the 401 Certification Program. [15A NCAC 02H .0506(b)(5)] 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification for this project, All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 115A NCAC 02H .0501 and .0502] Ms. Elizabeth Letendre DWR# 13.708 v3 Individual Certification #4004 Page 4 of 7 4. Sediment and Erosion Control Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Con{truction Stormwater Permit Issued to the site, and comply with the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)1; a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 5. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the. project. [15A NCAC 02H .0501 and .0502) 6. Construction Stormwater Permit NCGO10000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, Inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCGO10000), Inspection log sheets, and other information may be found at: I Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 5 of 7 http://Portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and (c)(5)] 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, 'and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)] 8. If concrete is used during the construction, then all necessary measures shall betaken to prevent direct contact between uncured or curing concrete and waters of the state. Water that Inadvertently contacts uncured concrete shall. not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200] 9. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)] 10. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2) and (c)(2)] 11. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 12. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H A506(b)(2)1 Ms. Elizabeth Letendre DW R# 13-708 v3 Individual Certification #4004 Page 6 of 7 13. A one-time application of fertilizer to re-establish vegetation Is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. [15A NCAC 02B .0200 and 15A NCAC 02B .0231] 14. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers within the project boundaries in order to assure compliance for future wetland, water and buffer impact, These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401 &Buffer Permitting Unit website at http://portal.ncdenr.org/web/wo/swp/ws/401/certsandpermits/apply/forms. The text of the sample deed notification may be modified as appropriate to suit to this project. Documentation of deed notifications shall be provided to the Division upon request. [15A NCAC 02H .0501 and .0502] 15. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 16. Continuing Compliance Ms. Elizabeth Letendre shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not being met (Including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Ms. Elizabeth Letendre and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Ms. Elizabeth Letendre in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit Issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 17. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee, If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502] a Ms. Elizabeth Letendre DWR# 13-708 v3 Individual CertlflcatlDn #4004 Page 7 of 7 18. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: httlj://oortal.ncdenr.org/web/wa/swp/ws/401/certsandpermits/apply./forms). [15A NCAC 02H .0507(c)] 19. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] This approval to proceed with your proposed impacts or to conduct impacts to waters as depict ed.in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date.of this Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 29nd day of June 2016 aren Higgins, 5upervis 401 & Buffer Permitting Branch 4004 A N PAT MCCRORY Gov or DONALD R. VAN DER VAART Secretary CoasialManagement BRAXTON DAVIS Dime ENVIRONMENTAL QUALITY July 20, 2016. MEMORANDUM TO: Samir Dumpor, Environmental Engineer II Division of Energy, Minerals & Land Resources — Coastal Stormwater FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Elizabeth Letendre Project Location: 1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co. Proposed Project: Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/10/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project; please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: V This agency has no objection to the project as proposed. _This agency has no comment on the proposed project. _This agency approves of the project only if the recommended changes are incorporated. See attached. _This agency objects to the project for reasons described in the attached comments. SIGNED DATE_— �/ Nothing Compares. . State of North Carolina i Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 [752-264-3723 [fax) q 1;a Coastal Management ENVIRONMENTAL QUALITY July 20, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY GMMOI DONALD R. VAN DER VAART s—Arry BRAXTON DAVIS Director Joey White, Environmental Specialist DWR—Public Water Supply Section, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Elizabeth Letendte 1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co. Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/10/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached, This agency objects to the project for reasons described in the attached comments. SIGNED l .('iN'A.�G�` DATE ` 41 g ~ 1il1 (? -:7 -''Nothing Compares. smwofNorth Cl o�QIEnY;ro��QualyIco�Ihti���ECE{ULJ JISL 2'7 1018 1367 US Hwy 17 South 1 EIf=be& CYty.NC27909 252.264-39011252-264-3723 [fax] 111 Coastal Management ENVIRONMENTAL OUALITV July 20, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Tim Walton, Manager State Property Office Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Elizabeth Letendre BRAXTON DAVIS Director RECEIVED JUL 2 6 2016 DOA STATE PROPERTY OFFICE 1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co. Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/10/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. RECEIVED REPLY: This agency has no objection to the project as proposed. AUG 0 3 2016 ✓This agency has no comment on the proposed project. DCM- VIHD CITY This agency approves of the project omy if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE I - a, 7 -ao I o "Nothing Compares — State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Mizabeth City, NC 27909 252-264-39011252-264-3723 [8a] July 20, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: rr It„t`I t� r .i �fl J Renee Gledhill -Early NC Department of Cultural Resources Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Elizabeth Letendre GJ PAT MCCRORY Govam,W LD R. VAN DER VAART Sernaary BRAXTON DAVIS Dl ec , IG. 1�83 _,� N L 7 /�7� 16 A- M)4 1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co. Proposed Project: Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return tMris form by 09/10/16 to Courtney Spears Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE oiGl 167 -!: 'Nothing Compares.-,... State of Nonh Cnroline I Environmental Quality I Coasml Management 1367 US Hey 17 Somh I Eliuboh Cip, NC 27909 JUL 252-264-3901 1252-2643723 fta ] ! C V& PAT MCCRORY Gowmor •' DONALD R. VAN DER VAART Secremry RECEIVED DAVIS Coastal Management ENVIRONMENTAL QUALITY JUL 26 2016 7JUL2016July 20, 2016 DCM— MHD CITYqac'eatiorlMEMORANDUM ection TO: Shannon Jenkins Marine Fisheries — Shellfish Sanitation & Recreational Water Quality FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Elizabeth Letendre Project Location: 1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co. Proposed Project: Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/10/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /— `/ DATE ZS f !'"Nothing Compares Smte of Nor& Caroline I Favtronmental Quality I Coastal Management 1367 US Hwy 17 South I Fluabeth City, NC 27909 252.264-39011252-264-3723 [fax] PAT MCCRORY C;VVWMo' a Coastal Management ENVIRONMENTAL QUALITY July 20, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: DONALD R. VAN DER VAART $eenlory Ken Pace, PE; State Hwy Administrator NC Department of Transportation Doug Huggett, Major Permits Coordinator Division of Coastal Management LAMA Permit Application Review Elizabeth Letendre BRAXTON DAVIS 01mcm EcEme AUG 0 11016 i ®!STRICT ()WICE 1441 Ocean Pearl Road, Lot #8 in Ocean Beach SID, Corolla, Currituck Co. Proposed Project: Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form by O8/10/16 to Courtne Spears, Assistant Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: is agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED it c.+r 64/ /�"Gd�' DATE / -::>' Nothing Compares..,. State of Nortb Curolica I EnIiio toonul Qudty I ComW MH°0 d0f 1367 US Huy 17 South I Slinbeth City, NC 27909 252.26039U11252.264.3723 (110] ZO/Z0 39Vd iOQON 66LVT66ZSZ LO:6T 9TOZ/TO/80 cs PAT MCCRORY ' G01T!!IW DONALD R. VAN DER VAART $tCrtLTy Coasta(Management BRAXTON DAVIS- ENVIRONMENTAL OUAUTY' July 20, 2016 MEMORANDUM TO: Jennie Turner, Planner 1 & Local Permit Officer County of Currituck FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Elizabeth Letendre Project Location: 1441 Ocean Pearl Road, Lot #8 in Ocean Beach SI D, Corolla, Currituck Co. Proposed Project: Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/10/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the. ' proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: - This agency has no objection to the project as proposed. Th' agency has no comment on the proposed project. T 1/ his agency approves of the project only if the recommended changes are incorporated. See attached. - iM A IL_ This agency objects to the project for reasons described in -the attached comments. SIGNEWAk D/ DATE - I^Noth1ng;C0m0ares__ _ . State of North Cmlina I Eavironmmal Quality I Coastal Management 1367 US Hwy 17 South i Elizabeth City, NC 27909 252.264-39011232-264.3723 tfaa] FIN Spears, Courtney From: Sent: To: Cc: Subject: Attachments: Please see attached memo. Comments: Jennie Turner <Jennie.Turner@CurrituckCountyNC.gov> Monday, August 01, 2016 2:51 PM Spears, Courtney; Renaldi, Ronald Ben Woody; Laurie LoCicero; Eric Weatherly; Bernie Mancuso; David Deel; 'obxwood@yahoo.com' Elizabeth Letendre - 1441 Ocean Pearl Road - CAMA Major Modification of Major Permit #25-14 Scanned from a Xerox Multifunction Device.pdf * Provide more information on the sand disposal area. Require no fill within 10' of the property line and maximum of 3:1 side slopes. The fill area is in a naturally low depression but the height of the fill area should be limited to contour heights to the north. * Land disturbing activities within 10' of the lot line shall not be permitted with exception of encroachments allowed in Section 10.3.4 of the UDO. Since there are no driveway setbacks, I have no objections to the location of the driveway as long as it follows the natural grade and is left Jennie Turner Planner 1 County of Currituck Planning & Community Development Phone: 252-232-6031 Fax: 252-453-8300 Email: jennie.turner@currituckcountync.gov Website: www.currituckgovernment.com in its native sand condition. Coastal Management ENVIRONMENTAL QUALITY July 20, 2016 MEMORANDUM t TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dlr&jor !A 26.z06 ocih.F]eNadit tMA to Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Elizabeth Letendre 1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co. Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking. area Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/10/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead CiW, NC 28557 (fax: 252-247-33301, If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. Y / \ 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 �A6 !>� Nothing Compares.,... State of North Carolina) Environmental Quality I Coastal Manopm®t 1367 US Hwy 17 South I Elizabeth aty,NC 27909 252.264-39011252.264.3723 [fax] � r Water Resources ENVIRONMENTAL QUALITY Ms. Elizabeth Letendre 46 Eden Road Rockport, MA 01966 � FC€IVE Received JUL 1 g 20?6 DCiM-Erpe 29, 2016 PAT MCCRORY DONALD R. VAN DER VAART se-efty S. JAY ZIMMERMAN DbwW DWR # 13-0708 v3 Currituck County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions - Modification Elizabeth Letendre Lot 8 USACE Action ID. No. SAW-2013-01656 Dear Ms. Letendre: Attached hereto is a copy of Certification No. 4004 issued to Ms. Elizabeth Letendre, dated June 29, 2016. This Certification replaces the Certification Issued on October 2, 2014. The applicant requested modification of the permit to add 0.035 acres of direct and indirect wetland impacts for an access road. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This appr=aLand.its conditions -are. inal and binding.unless contested. This Certification=I),&- .. - contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained, from the OAH at httr)://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one cpptIC E IV E D the petition along with any applicable OAH filing fee is received by the OAH within five (5 business days following the faxed transmission. JUl_ 0, 2, 7016 Sl a ofNortb Carolm 1 Envimomeabl Q t ty I WaNr Rescunxa 1 d ,..., ��/ 1617 Mad Service Cemer I Raleia NoNb CamUna 27699-1617 DC �y � - `y1 i L CF L Y 919 807 6300 Mailing address for the OAH: 11 sending via US Postal ServiCe: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ms. Elizabeth Letend-re DWR# 13-708 v3 Individual Certification #4004 Page 2 of 7 !f sending vio delivery service (UPS, Fedfx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: Sam M. Hayes, General Counsel Department of Environmenta( Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Jennifer Burdette at 919-807-6364 or Iennifer.burdette2ncdenr eo„ -- anthonyscarbraueh(a�ncdenr F or Anthony Scarbraugh at 252-948-3924 or oy if you have any questions or concerns. Sincerely, f Karen Higgins, Supervis 401 & Buffer Permitting Branch CC: George Wood, P 0 Box 3368, Kill Devil Hills, NC 27948 USACE Washington Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR WaRO 401 file DWR 401 & Buffer Permitting Branch file LU Filename: 130708v3ElizabethLetendrelot8(Currituck)_401 !C_Mod.docx ca .�. N Q CUJI GV X v C C W U O 0 Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 3 of 7 NORTH CAROUNA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4004 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to Ms. Elizabeth Letendre, who has authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 11, 201, by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on July 17, 2014, and your modification request received by the Division on May 31, 2016 and subsequent information received by the Division on June 22, 2016 and June 28, 2016. The State of North Caro)ina cer$ifies that this activity will not violate the applipble portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 ff conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary 404/401 Wetlands 0.133 (acres) 0 (acres) (shading) 404/401 Wetlands 0.076 (acres) 0 (acres) (fill) RECENFr" JUL 22 2C`S 2. Stormwater Management Plan n The SMP approved by the Division of Energy, Mining and Land Resources on September , C M- M H ® : i` 2013 under the state stormwater program meets the requirements of the 401 Certification Program. [15A NCAC 02H .0506(b)(5)) No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification for this project. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. [15A NCAC 02H .0501 and .0502] Ms. Elizabeth Letendre DWR# 13-7W v3 Individual Certification #4004 Page 4 of 7 4. Sediment and Erosion Control Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site, and comply with the following requirements 115A NCAC 02H .0506(b)(3) and c 3 a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the Project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version the North Carolina Surface Mining Manual. of c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. S. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEM delegated program has released the specific area within the project. LR) LR) or locally NCAC 0ly .0501 and .0502J 6- COO stluction Stormwater Permit NCGO rvi00 An NPDE5 Construction Stormwater Permit is required for construction projects that disturb one (i) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is cWered by this permit, full compliance with permit conditions including the erosion & j0 segmentation control plan, inspections and maintenance, self -monitoring, record keeping � an"Porting requirements is required. A copy of the general permit (NCG010000), _ N insgIction log sheets, and other information may be found at: W 2 U � � W U N 1 Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 5 of 7 htj2:ZZportal.ncdenr.org/web/`wq/ws/suZnpdessw#tab-w, [15A NCAC 02H .0506(b)(5) and (c)(5)] Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)) 8. If concrete is used during the construction, then all necessity measures shall be takeh to Prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200) 9. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)] 10. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium. 135A NCAC 02H .0506(b)(2) and (c)(2)] 11. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed -areas -shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 12. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] RECEIVED JUL 2 2 2016 DG;ut- MHJ 'CITY Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 6 of 13. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas 7 including riparian buffers, but is restricted to no closer than 10 feet fro streams. Any fertilizer application m top of bank of regulations. [iSA NCAC 026.0200 must comply with all other Federal, State and Local and 15A NCAC 02B .0231j 14. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers within the project boundaries in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time Of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401 &Buffer Permitting Unit website at htt : ortal.ncdenr.or web w sw ws 401 certsand rmits sample deed notification may be modified as asuit a forms• The text of the this project - Documentation of deed notifications shall be provided to the Division upon request. 115A NCAC 02H .0501 and .05021 IS. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 16. Cont_inuin� Coke Ms. Elizabeth Letendre shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [iSA NCAC 028.0200j If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Ms. Elizabeth Letendre and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be Provided to Ms. Elizabeth Letendre in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 17. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .05021 REGll-- oCM' MN� G��Y Ms. Elizabeth Letendre D W R# 13-708 v3 Individual Certification #4004 Page 7 of 7 18. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: httD://portal ncdenr ora/web/wg/swD/ws/401/certsandDermlts/aDDly/formcl. [15A NCAC 02H 0507(c)] 19. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)) This approval to proceed with your proposed impacts or to conduct impacts to waters as deP.ictetiitLYotlr appJicaon shall expire upon expiration of the 404 or CAMA Permit The conditions in effect on the date of issuance shall remain in effect for the life of the projeci, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. . I - This the 29nd day of June 2016 Karen Higgins, Supervis 401 & Buffer Permitting Branch RECEIVED JUL 2 2 2016 DCM- MHD CITY P- Coastal Management ENVIRONMENTAL OUAL17Y July 20, 2016 Mr. George Wood Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948 Dear Mr. Wood: PAT MCCRORY DONALD R. VAN DER VAiP BRAXTON DAVIS RECEIVED JUL 2 2 2016 DCM- MHD CITY The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Elizabeth Letendre for State approval for a major modification request to major permit #25-14, project location at 1441 Ocean Pearl Road in Corolla, Currituck County. It was received complete on July 7, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is September 20, 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from July 7, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of the proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] It Mr. George Wood Environmental Professionals, Inc. July 20, 2016 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Ron Renaldi, Field Representative, if you have any questions and/or if you wish to receive a copy of his field report. Sincerely, Frank Jennings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC Elizabeth Letendre, Applicant, Rockport, MA RECE�vEC JUG 2 2 2016 DCM. MHD C1TY N(.)T1(0*'$1 W AMA PERMIT APPLIED FOR PROJECT: install a wooden Hatteras ramp over a primary dune & create a sand driveway from the ramp to an existing parking area that will require USACOE 404 wetland fill. COMMENTS_ ACCEPTED THROUGH 08/13/16 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Elizabeth Letendre 1 Ron Renaldi, Division of Coastal 46 Eden Road Management, 1367 US Hwy 17 S., Rockport, MA 01966-2335 Elizabeth City, NC 27909 c/o George Wood, EPI 252-264-3901, ext. 237 252-441-0239, ext. 105 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals(a)thecoastlandtimes.net FROM: Yvonne Carver, Administrative Assistant DATE: 07/20/16 SUBJECT: Public Notice: Elizabeth Letendre BRAXTON DAVIS Director Please publish the attached Notice in the Sunday, July 24, 2016 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Sarah Young, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File -<�' Nothing Compares_.,.._ State of North Carolina I Environmental Quality I CowW Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] RECEIVED JUL 2 2 2016 DCM- MHD CITY' NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 07/07/16. Elizabeth Letendre proposes to install a wooden Hatteras ramp over a primary dune & create a sand driveway from the ramp to an existing parking area that will require USACOE 404 wetland fill; project location is at 1441 Ocean Pearl Road in Corolla, Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 08/13/16, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, July 24, 2016 RECE,vE� J�` 2 2 2016 DCM' MHO C� (Y deceived From: George Wood ob yahoo.com Subject: Fwd: Letendre Hatteraseras Ramp JUN 2 3 7.916 40 Date: June 20, 2016 at 2:33 PM To: George Wood obxwood@Yahoo.00m DCM-EC Begin forwarded message: From: David Deal <dadeelena@amail.com> Subject: Re: Letendre Hatteras Ramp Date: June 17, 2016 at 3:23:46 PM EDT To: George Wood <obxwood@vah0o.c0m>, Bernie Mancuso <Bernie@mancusodevelooment com> Also for your forms George: I rough -calculate the total volume of sand to be moved from the dune and spread behind the dune to be 475 cy. -Andy Deal Engineering, PLLC P.O. Box 3901 Kill Devil Hills, NC 27948 (252 2) 02-3803 Deal Engineering, PLLC P.O. Box 3901 Kill Devil Hills, NC 27948 (252)202-3803 RECEIVED JUL 2 2 2016 DCM- MHD CITY a Renaldi, Ronald From: Renaldi, Ronald Sent: Wednesday, July 06, 2016 1:57 PM To: 'Ifelas@aol.com' Cc: Frank.Jennings@ncdenr.gov; Lucasse, Mary; Goebel, Christine A Subject: RE: Letendre CAMA modification Marie, Your objection is noted, and yes, please send in any comments you have. We are going to continue to process the current request for a Hatteras ramp/driveway. As far as the original permit, there are no plans at this time to revoke it. If you have any questions, feel free to ask, Ron Renaldi Field Representative NC Division of Coastal Management NC Department of Environmental Quality (252) 264-3901 ext. 237 office Ronald.RenaIdi@ncdenr.gov 1367 US 17 South Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- RECEIVED From: Ifelas@aol.com [mailto:lfelas@aol.com] JUL 2 2 2016 Sent: Wednesday, July 06, 2016 7:17 AM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov> DCM- MHD CITY Subject: Letendre CAMA modification Hi Ron We did get the package including everything for the new modification to the CAMA permit requesting the dune crossover. We got it a few days after the NC Court of Appeals decision that finds that this project is not an SFD. For that specific reason we would currently be opposed to this application . Before the court decision we had a few questions and comments - should we submit them now ? Or is this application on hold due to court decision ( or maybe even the whole CAMA permit becomes invalid due to court decision?) Thanks Marie Sent from my Phone is ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Michael Long 132 Tolers Road Williamsburg, VA 23185 (II'I�I'� IIII �I I) IIII I III II II I II'll II II III 9590 9403 0235 5146 7873 97 7015 0640 0002 5102 0355 A. Signature '( ❑ Agent ❑ adore B. Received by (Printed Name) I C, Date of D D. Is delivery address different from item 111177n` 13 yews/ If YES, enter delivery address below: O No 3. Service Type O Adult Signature • Adult Signature Restricted Delivery iirCerhfied MINIS ❑ Certified Mail Restricted Delivery O Collect on Delivery m rmn t on Delivery Restricted Delivery d Mail d Mall Restricted Delivery C] Priority Mail Express® ❑ Registered Mail'" ❑ Registered Mail Resincte Delrvery ❑ Return Receipt for Merchandise ❑ Signature Confinnatlon- ❑ Signature Confirmation Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 d ��_ C, j :� - Domestic Return Receipt i Re'�eived 5's ��2916 4.M-E� Received JUN z 9 2016 DCM.EC RECEIVED JUL 2 2 2016 DCM- MHD CITY 6) Renaldi, Ronald From: Kathy Cagiano < kathycagiano@yahoo.com > Sent: Tuesday, June 28, 2016 4:08 PM To: Renaldi, Ronald Cc: George Wood Subject: Elizabeth Letendre - Certified Mail Return Receipt Attachments: Elizabeth Letendre-Certified Mail Return Receipt.PDF Hi Ron, Yet another gift from George... Certified Mail Return Receipt (Michael Long) for the Elizabeth Letendre project. Kathy Environmental Professionals, Inc. 252-441-0239 RECEIVED JUL 2 2 2016 DCM- MHD CITY Received I $3.30 0448 01 ❑s.e+. R.W(d.+,0 : fn_nll PoaNurk CMM.tl 1 ❑MWNwMctetle.B+ 4 _ Here ❑o sw.e..p.y S DMGWn .H..trkl.a D*my4 P°`"°° f1.78 .78 06/21/2016 Mr. Michael Long 132 Tolers Road Williamsburg, VA 23185 UN 2 ) 20?0 DCM-EC (Via Certified Mail/Return Receipt Requested) Environmental Professionals, Inc. has been retained by Ms. Elizabeth Letendre to represent her to the North Carolina Division of Coastal Management for the purposes of obtaining a permit to authorize the construction of a dune crossover and driveway for access to the existing structure which is adjacent to yours on the Atlantic Ocean in Currituck County, North Carolina. These revisions are depicted on the attached plat and described in the application and Project Narrative. Should you have any questions regarding this request, please contact me or Mr. Ron Renaldi with the North Carolina Division of Coastal Management. Environmental Professionals, Inc. Attn: George H. Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone No.: 252-441-0239 Cell Phone: 252-423-1234 Email: obxwoodAyAhoo.com North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 1367 U.S. 17 South Elizabeth City, NC 27909 Telephone No.: 252-264-3901 Email: Ronald.Renaldi@ncmail.net If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. or the Division of Coastal Management. I appreciate your consideration of this matter and remain available to answer any questions you may have regarding this request - Sincerely, yp ental Pr'ofe/ssuio—na/ls, Inc. . Wood, CEP, PWS Attachments: a/s RECEIVED I have no objection to the project described in this correspondence. JUL 2 2 2016 I have objection to the project described in this correspondence. SIGNATURE DATE DCM- MHD CITY P.O. BOX 3368 - KILL DEVIL HILLS. NORTH CAROLINA 27948 • 252-441-0239 FAX: 252.441-0721 - EMAIL: obs wd@ynhoo.rom Received I vr—r1%,cHL, Vac I A-7,1232016 C-NneDMse F- $3.30 0448 01 ACM -EC o� _ � ❑n.v0wcdwhi.comiq r� vomnwc ❑c.Omea MWIRa be DWWW $ to -rin Here Osaesia� Pem f 40 go_ O7 sge.oee nrbnw D*F $ , Foemee $1 73 (Via Certified Mail/Return Receipt Requested) 06/21 /2016 Mr. Paul Winchell P.O. Box 328 Corolla, NC 27927-0328 Environmental Professionals, Inc. has been retained by Ms. Elizabeth Letendre to represent her to the North Carolina Division of Coastal Management for the purposes of obtaining a permit to authorize the construction of a dune crossover and driveway for access to the existing structure which is adjacent to yours on the Atlantic Ocean in Currituck County, North Carolina. These revisions are depicted on the attached plat and described in the application and Project Narrative. Should you have any questions regarding this request, please contact me or Mr. Ron Renaldi with the North Carolina Division of Coastal Management. Environmental Professionals, Inc. Attn: George H. Wood, CEP, PWS P.O. Box 3368 KID Devil Hills, NC 27948 Telephone No.: 252-441-0239 Cell Phone: 252-423-1234 Email: gbxwoodayahoo.com North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 1367 U.S. 17 South Elizabeth City, NC 27909 Telephone No.: 252-264-3901 Email: Ronald.Renaldi@ncmail.net If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. or the Division of Coastal Management. I appreciate your considemfion of this matter and remain available to answer any questions you may have regarding this request. Sincerely, 70rzgeH- enta/l Prof�essionalsc. Wo%d, CEp. PWS Attachments: a/s RECEIVED I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. JUL 2 2 Z016 SIGNATURE DATE DCM- MHD CITY P.O. BOX 3368 - KILL DEVIL HILLS, NORTH CAROLINA 27948 • 252441-0239 FAX: 252-441-0721 • EMAIL: obxwood@ynhoo.com • s / 8 f � � 4 • t A .a r • 9 4 C . • • • • • �t A ' m ° • Y Complete items 1, 2, and 3. A. Signature Ad + o Print your name and address on the reverse X - �✓ W W < so that we can return the card to you, dredre sses O ', • ■ Attach this card to the back of the mailpiece, B. Received by (Printed Nome) to of Dell< ♦ • or on the front if space permits. - 64 1. •"" "'-'---"-' D. Is ddWery address different from it 17 O Yes • ° U YES, enter delivery address bel . )?No • '• 3?8"TZ79372aZ1'4!•3'5�,� •i77J01/16 CBELL �+ MOORE 6T • &UPORT NC 98516.-2130 •• sift f•WFsi'' ❑ Priority Mall Express® yy y�7t{A��,yjt ORegisteretl MalTM • IrFf*E1�f �J+tM r v NU . a�° vd ON' t� • n : rv°iy ❑ Rogistered Mail Restricted xe:951ta Delivery • __ �— _ av, ❑ GernAeO Mall Reslricted DeIMBiy' ❑ Ream rlacelpt for ♦ ❑ Collect on Delivery March"Ise _❑ Collect on Delivery Restricted Delivery C Slpneture Cmft natlonTM O Signature COnlrtnatlon 2 Artlda Nimiber (lran<fer from service faDP-0 715 aurad Mail Restdcted Delivery rver E500 • Ps Form 3811 • April 2015 PSN 7530-02-000-9053 t Dome R m Receipt Received 0 CCM-EC ' • RECEIVED JUL 2 2 2016 • r Ir DCM- MHD CITY - ' a • • as. a L R im 11198Fw 0290 0 Mft tiW �eaty4 .n,[v Art Ora l)ae ,[�."('naarstlm �• wae+rm d+af fa m.ior{ce't�Wipgdge, �,cc.y�ryy�''s; LLEC1'OR TAX AM WNfV�•C�� p}gQ II�MIN�S�lINN111A01'1�1�1111 ''%( Gee le- Ca3.08ie0.ea, ., p,'. :PP F.eo.e.a: s.prnota ax tr. a:.e an ru MF NAM.Oa P.I. t ai , eWaoalve ivG4 Y. Me ahiflem v a * epfeter of Pews ax 1198-290-292 Prepare William grvmrry, Ilptyt File no: 121349050 Mail aRer �il�r�e:rg o: KNlogg &Evans. PA, P.O. Rnx 189, ManbP, NC 27954 % PIN: I13A-011��C00 -W)O adrm GNPLxpfapYtrxpp ,�„ =9 4F 01s0.— NORTH CAli GENERAL WARRANTY DEED CURRLIUCK COUNTY THlS DEED, m aM entered into this 3rd day of April, 2012, by and between VIROINIA A. lEA - husband GARY REMUS TEACHEY; SHELLEY T. KIGER, Orly Shelley r Tewhey) and husband, DAYTON KIGER; LESLIE LEAH TEACFIEY,Immarri naReredlnd Gmatw%whoaadd[ is8713 Champion Hnls Dtivc, Wil n. NC 29411 and ELIZABETH R. LETENDRE hereirener called Gramm whr rtnsnmt mangling address is 46 Eden Road, Rockport, MA 01966; AY The designation of Grolier Q tee as used berein shall include said parties, their helm, and successors and evign)6W shall include singular, plural, masculine, femidne or neuter a required by contort t� WITQSSETH: THAT the Diann, tar a valuable cderation paid by the Grantee, the receipt of which is hereby acknowledged, have and a presents do grant, bargain, sell and convey, unto the Grantee a fee simple ii va, itto all that certain lot or parcel of land situated in Fndtville Township, Currltaek Ownty, North Caroline, and more particularly described as follows. (C Lot 8 as delineated on plat of "Ocan Reach", prepared by S, Elmo Williams, Registered Surveyor, ender date of Jane 24, 1976, of "cord to Phi Cabinet A, Page 3, in the (Srritock Registry. .All or a portion of the property herein conveyed does or _X_ does trot include the primary residence a£a Grantor. The property heremabove described was acquired by Or liksby heartening recorded in Deed Bode 329. Page 735; Rook 332, Page 321 and Scibic 354, Page 184. TO HAVE AND TO HOLD the aforesaid Id or parcel of hind an privileges and appurtenances thereto belonging to the Grantee and his helm and *'Migw rawer. And the said Grantors covenant with the Gmo ce, that Grantors "zed ofthe preardsvi in t'ec simple and have the right to convey the same in fee simpl m I le is maderiaWe and free and clear from sit encumbrances, and that Grant.. wh s�at end defend the title against the lawful claims of ail persons whomsoever except ff ' exeeptions hereit stated. rryy'' Title the property betetmbove described is subject to the following exc�ons: 1- Reservadous, restrictions end assurance of meow. CC ,, IN TESTIMONY V1HMWOF, the said Dissident have hereunto act their hand and official see[, or if Corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seat to be h neunta affixed by authority of in Rood of Directness, the day and year first above written. Rook 1198 Page 290 RECEIVED JUL 2 2 2016 DCM— MHD CITY soar 119 b esa Q291 G"4 SIGNATURE PAGE TO DEED FROM VIRGINIA A. TEACHFY and hushattd GARY ,r! REMUS TEACHEY; SHELLEY T. KIGER, (Somurly Shelley Walker Teachey) and Q husband, DAYTON KICIM LESLIE LEAH TEACHEY, unmarried, GRANTORS, To V'rs ELIZABETH I. LETENDRE, GRANTEE �e(%. Grmbrs: 0 State OfNC ACC Couoty/City of �twdet I, a Notary PUN �Q f the County aM State aforesaid, certify (hat VIRGINIA A. TEACHEY and huabend'jFn.RY REMUS TP.ACHEY personally appeared bofine me this day and acknowledged th the of the fumving invnvnunl. Wittwu my heed ata� stamp or seal this the _ day of April. 2012. d 4,," w- -,, My commission expiree: Stag of NC 'w bER CCP County/City of � ��__ L a Notary Public of the County and State adonsad, certify that LESLIE LEAH TEACHEY personally appeared before me this day and aGowlatged the execution of the foregoing insmmu t, O Witness my band and official stump or seal this the of April, 2012. ✓(NEx seal) �Q _ Noliy pub], ` ss�uurq Od O My commission expires: d '.i7rrNCttdaa. soak 1198 Pay, 291 RECEXvE1D JUG- 2 2 J01s DCM, MHp 'I �4 90ox I I98poQ2J2 SIGNATURE PACE TO DEED FROM VIRGINIA A. TEACHEY WA husband GARY REMUS TL•ACHEY; SHELLEY T. KIOER, (faamerly Shelley Walker Tcechey) end husband, DAY[ON KIGER LESLLEAH TEACHEY, aamerried, ORANTORS, TO ELIZABETH E. LETENDRE, GRANTEE KIGER and husband DAYTON KIGER permnally appeared bcfore me this day and acknowledged the exeetaioa of the fomSoing inanumem Witness my hand CJ11�6official scamp or seal mis Me ?^Way of Apr0, 2012. seal) -- Not bEc My commission expires: .p' alto �l Book 1198 Page 292 RECEIVE[) JUL 2 2 2016 DCA4- MHD CITY e N MAJOR PERMIT FEE MATRIX �5 Applicant: Elizabeth Letendre, #25-14 Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: ll. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: ® Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, on - El commercial commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached) can be applied: III(B). Public or commercial ❑ development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490(See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff RECEIVED determined that additional review and written DWQ JUL 2 2 2016 concurrence is needed because of concerns related to water quality or CM- M H D CITY aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be applied: IV. For development that ❑ involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: .IN NC Division of Coastal Management 1360 OB C D Cashier's Official Receipt , / Date: 20 _ Received From: nJ�rren/rte nQ a{ �ro t 2JSJ ►nA� �[ /S ,-- Permit No.: S /� M/. `tom/ 1- J 'Z /� Check No.: �` �,. Applicant's Name: (� LQ 6 t ti �z� oL r't County: C'�,' C`x"r r" r Project Address: w Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: /t'�-� ✓iF MA't / Date: Signature of Field Representative: Date: VIRONMENTAL PROFESSIONALS INC. 1160 NC DENR 5/26/2016 Date Type Reference Original Amt. Balance Due Discount Payment 250.00 250.00 250.00 5/26/2016 Bill Check Amount 250.00 Received RECEIVED DCM-EC JUL 22 2016 DCM- MHD CITY 250.00 First South Bank "'This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management V/I� Major Permit Application Computer Sheet (1110112012) Applicant: Elizabeth Letendre Date: July 18, 2016 Project Site County : Currituck Staff: Ron Renaldi District; ZEfizabsth City LiWashington []Morehead City [I Wilmington Project Name: (Major Modification to #25-14) Rover File: .:.ate of initial application submittal (EX; 1 007) 513112016 Date application "received as complete" in the Field office (EX: 1/8/2007). 7/7/2016 Permit Authorization: MCAMA Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes ® No❑ Setback Required (riparian): Yes No Critical Habitat: Yes [-]No ❑Not Sure 15 foot waiver obtained: 0 Yes No Hazard Notification Returned. El Yes ®No SAV. Yes ®No ❑Not Sure Shell Bottom: 0 Yes ZNo El Not Temporary Impacts: OYes No Sure Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP:®Yes ❑No ®Yes ONO Moratorium Conditions: ❑Yes ®No Environmental Assessment Done: ❑NA ❑Yes ❑No®NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) High Quality Waters (HOW) U Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) El (SS) Glasswort (Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartma (SY) Salt reed grass (Spartina altemi8ora) cynosuroides) (DS) Salt or spike grass (Disfichlis (SC) Bultrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) SO El (JR) Black needlerush (Juncus C3 (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 111(A) Private w/ D&F up to 1 acre; El III(D) Pdv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 cant be applied - $400 Minor Modification to a CAMA Major ID Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 111(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 RECEivFn Major development extension request - ll. Public or commerciaUno dredge $100 and/or fill - $400 JUL I. Private no dredge and/or All - $250 III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ-$400 DCM- MHD CITY agreement 232408-2808 :: 1.8884RCOAST :: www.nccoastalmanaoement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Elizabeth Letendre Date: July 18, 2016 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Beach Access 1 New work Replace 8,576 WOO ❑Y®N Fill (road) I New Work Replace 100.6 10 4 Maint ❑ ❑ Y ® N High Ground I New work 0 Replace 255 10 disturbance Maint ❑ ❑ Y ® N Mitigation I New work Replace 1,006 Maint ❑ ®Y ❑ N New Work Replace Maint ❑ ❑ Y ® N New Work 0 Replace Maint ❑ ❑ Y N N New Work Replace Maint ❑ ❑ Y ON New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint❑ ❑Y❑N New Work Replace - Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑Y❑N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New Work Replace G CE Maint ❑ ❑ Y ❑ N New Work U Replace Maint ❑ ❑ Y ❑ N Mj!L revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Elizabeth Letendre Date: July 18, 2016 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. Habitat Nance DISTURB TYPE Choose One TOTAL Sq. FL (Applied for. Disturbance total Includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tainp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount IB Dredge ❑ Fill ❑ Both ❑ other ® 3723 3723 BC Dredge ❑ Fill ❑ Both ❑ Other N 4,729 4,729 WL Dredge ❑ Fill® Both ❑ Other ❑ 1,006 1,006 Dredge ❑ Fill ® Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Bath ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED JUL 2 2 2016 DCM- MHD CITY 252-808-2808 :: 1.888-0RCOAST :: www.necoastalmonagenmu t.net revised: Nov. 2012 CE 1L 2 -M *p' R ',mot tag r 77 t'IY s k pit= EJ �r,.� .. r� �i R, a t k� .. d1 .et ,�a }w 4 odta yi .L "NMMW� IL r W r a