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HomeMy WebLinkAbout26-14 TA Newbold Miller LLCrmit Class Permit Number EW 26-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Led to T.A. Newbold Miller, LLC., 270 Queens Lane, Palm Beach FL 33480 horizing development in Perguimans County adi. the Perquimans River at the end of Bundy's d as requested in the permittee's application dated 11/26/13 including the ,Xhis:permit, issued on. March 24. 2014 is subject to compliance with the application (where consistent -with the permit), all applicable regulations, special conditions and notes set forth below.AAny violation of these terms may ba subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facilities Unless specifically altered herein, this permit authorizes only the construction of the docking facilities with associated boat houses, gazebos, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facilities. (See attached sheets for Additional Conditions) rmit action may be appealed by the permittee or .ified persons within twenty (20) days of the issuing appeal requires resolution prior to work initiation or cc as the case may be. permit must be accessible on -site to Department el when the project is inspected for compliance. e work or project modification not covered further Division approval. ll'work must cease when the permit expires on 31, 2017 ing this permit, the State of North Carolina agrees project is consistent with the North Carolina Coastal Lent Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. a t,� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ]Miller, LLC. ]Permit # 26-14 ]Page 2 of 4 ADDITIONAL CONDTI'IONS The authorized covered gazebos shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. Screen or wire on, the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. " The roof of the covered gazebos shall not be designed for second story use. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he/she abandons the permitted activity without having it transferred to, a third party. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard; through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visibleduring hours of darkness or inclement weather. This permit authorizes a maximum of twelve formalized boat slips. Shoreline Stabilization The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings. The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation landward of the authorized alignment is permitted except for that which may be required for the construction of the bulkhead wall and deadmen cables, etc. All backfill material shall be clean and free of any pollutants except in trace quantities. All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. T.A.-Newbold Miller, LLC. Permit # 26-I4 Page 3 of 4 s- ADDITIONAL CONDITIONS Sedimentation and Erosion Control :"NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, 943 Washington Square Mall, Washington, NC 27889. l'5) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. '16) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Easement 17) The permittee may be required to apply for a submerged land lease from the Department of Administration's State Property Office. Contact the Department of Administration's State Property Office directly at (919) 807-4650 for this determination. Should it be determined that an Easement is required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of the Easement. Archaeological Assessment 1$) Prior to initiation of any ground disturbing activities, the permittee shall arrange for an archaeological assessment of the project area within the 75 feet Estuarine Shoreline AEC. The purpose of the work will be to relocate archaeological sites 31PQ158, 31PQ159, 31PQ160, 31PQ161, and 31PQ162 in order to determine whether they will be impacted by the proposed undertaking. Those sites impacted will be tested at a Phase II level of effort and assessed in terms of eligibility for the NRHP. If any of the sites listed above are deemed eligible for inclusion on the NRHP; then the permittee shall determine whether - the site(s) will be adversely affected by the project activities. If so, the permittee will develop and implement an appropriate mitigative plan for those sites adversely affected. This condition also includes the relocation of site 31PQ53 in order to determine if the site is located within the 75 feet Estuarine Shoreline AEC. If so, this site will need to be assessed in the same manner as above in regards to eligibility for the NRHP. All archeological background research and proposed field methods related to this project will be conducted in consultation with the Office of State Archeology prior to implementation in the field. Two copies of all resulting archaeological reports, as well as one copy of revised North Carolina site forms, should be forwarded to the Office of State Archaeology for review and comment as soon as they are available and in advance of any construction or ground disturbance. NOTE: A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at: www.archaeology.ncdcr.gov/ncarch/resource/consultants.htm m:m Permit # 26-14 Page 4 of 4 ADDITIONAL CONDITIONS General 1"9)'; ' The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the ! opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause ` unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be G made against the United States or the state of North Carolina on account of any such removal or alteration. 20) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. The permittee and/or contractor shall meet on site with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the pernuttee'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. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level fE: The N.C. Division of Water Resources has authorized the proposed project under Project No. 13- 1280. 3T E:E: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. '` `' SAW-2014-00306. S.A.M.P.S.O.N. and Company Marine Construction And Environmental Consulting Services 125 Hunters Trail West, Elizabeth City, North Carolina, 27909 USA Tel: 252 331 2447 — Fax: 866 793 4261 permits@sampsonmarine.com www.sampsonmarine.com PROJECT NARRATIVE IN SUPPORT OF REQUEST FOR MAJOR PERMIT REVISED 11/26/2013 (i;' v APPLICANT: T. A. Newbold Miller, LLC DEC 10 2 013 PROJECT: Shoreline Protection and Boat Docking F ilities LOCATION: Perquimans County, North Carolina; at easteRRY9A9WNC State Route 1301, `Bundy's Road" Directions: From Edenton, NC, proceed north and east on US 17 through Hertford and across bridge over Perquimans River to the next traffic signal at New Hope Road. Turn east (right) on New Hope Road and travel 0.8 miles to first right at Old Neck Road. Proceed 1.7 miles to Bundy Road and turn right. Continue down Bundy Road for 0.3 miles. This point is the intersection of Bundy Road with the westernmost property line of the project area. This property line runs in a northeast -southwest direction, and the intersection with Bundy road lies approximately 0.5 miles north of the project shoreline. Continuing down the road for another 0.8 miles, first executing a right 90 degree bend, followed by a left 90 degree bend places one at a point approximately 250 feet northeast of the subject shoreline. This point of the shoreline lies approximately 1500 feet from the southwest comer of the project shoreline, and approximately 4300 feet from the southeast terminus of the proposed bulkhead, near the mouth of Suttons Creek. SITE: Description: The project area consists of two tracts of land. The first tract is listed as a 586.70 acre tract, owned by T. A. Newbold Miller, LLC, and identified on Perquimans County Records by PARCEL ID 5-0052-0048 and PIN 7869- 53-0758. The second tract is listed as a 4.57 acre tract, owned by T. A. Newbold Miller, LLC, and identified on Perquimans County Records by PARCEL ID 5-0053-0048A and PIN 7869-42-8389. The total area of the two tracts, according to Perquimans County is 591.27 acres. The northeast comer of the smaller of the two tracts lies adjacent to the terminus of the directions supplied above. The combined shoreline of the two tracts along the Perquimans River is 8,009 feet. This number is derived from GPS points acquired at Normal Water Level (NWL) on 5/1/2013. The shoreline of the larger of the two tracts along Suttons Creek is 6804 feet. This number is derived from the DEC 0? i. shoreline depicted on a survey of Josiah A. Webb, III, L-2989, signed on (March 21, 2006. Approximately 241 acres of the combined tracts is currently being utilized for agricultural purposes, and is regarded as Uplands. Approximately 321 acres is forested, of which approximately 261 acres is considered to be uplands. Approximately 60 acres is considered Swamp Forest. This Swamp forest that adjoins Suttons Creek, would, from NC CREWS data, likely comprise most of the 404 wetlands on the property. Three of the Swamp Forest acres, lie within and are surrounded by a managed pinewood forest. The forested areas are suitable for sylviculture. There is evidence of logging operations having taken place in the past, and the newer growth away-. in Swamp Forest awaits thinning and maturity for harvest. There is another approximately 29 acres of uplands that transitions in elevation down to the NWL along the Perquimans River. This area supports trees and three isolated buildings, including one residential structure. AdjoiningDevelopment: evelopment: Immediately adjoining these tracts, northwest along the Perquimans River, is a waterfront residential community, with most properties having shorelines protected from erosion with bulkheads, and many of which have piers, platforms and boathouses in various stages of repair and functionality. The pier on the first adjoining property to the northwest appears to be the longest, and measures approximately 155 feet. Immediately north along Suttons Creek, is a large agricultural and forested parcel with no indications of development other than the portion of the parcel under cultivation, and two piers and a makeshift boathouse just north of the boundary on Suttons Creek. The following parcel to the north along Suttons Creek is an agricultural and forested parcel with one residential structure along New Hope Road, but no indications of any development along the water of Suttons Creek. Across the mouth of Suttons Creek lie the subdivisions of Suttons Creek and Suttons Landing, where uplands adjoining the shoreline have been protected by riprap and some bulkheads. A number of piers exist along this shoreline. Erosion: Erosion is readily discernable along the shorelines of both the Perquimans River and along Suttons Creek where the shoreline has not been stabilized by constructed bulkheads. Noticeable erosion along Suttons Creek exists near the mouth of the Creek, but is not readily discernable as one proceeds north, where the creek is bordered by swamp forest. Along the shoreline of the Perquimans River, where the shoreline protection is sought under this Permit application, 1.8 acres of upland have been lost to erosion, as measured by comparing the shoreline depicted on the survey of Josiah A. Webb, III, of March 21, 2006, and the shoreline established by GPS points taken on 5/1/2013. This constitutes an average loss of 12.7 feet along the 6181 feet of unprotected shoreline over the course of 7 years, or an average Page 2 of 11 EC 10 2013 � DL( 3 Annual loss of 1.8 feet per year. Some minor accretion is ticeable along the Perquimans River shoreline where large trees have the escarpment into the river, but these areas are likely of a transi�erN , and will be lost as the trees decay and no longer serve as natural groins. The shoreline along the Perquimans is a high energy shoreline where winds cross an open fetch of water ranging from approximately 5 miles when blowing from the southwest, to approximately 4 miles when blowing from the northwest. Winds out of the southeast blow across approximately 0.4 miles of open water. This shoreline is sheltered by land when winds range from the southeast, counter -clockwise, to the northwest. Soils: Information available from the USDA indicates two hydric soil types exist: Chowan Silt Loam (CO), and Roanoke Silt Loam (Ro). These soil types comprise approximately 19 acres and 280 acres, respectively. The Chowan Silt Loam exists in three non-contiguous small areas along Suttons Creek, in areas referred to as Swamp Forest by NC DENR Wetlands GIS. The Roanoke Silt Loam exists in the north, and west -central areas now under cultivation for agricultural purposes, and within the majority of the forested area now under sylviculture activities. This Roanoke Silt Loam is bordered along its eastern boundary by two strips of Yeopim A and Yeopim B (non- hydric) soils to the west of Sutton Creek, separating the Roanoke Silt Loam from the Chowan Silt Loam that is found along Sutton Creek in the Swamp Forest area. The soil in the area of proposed development along the Perquimans River is classified in its entirety as Yeopim A soil. There is a small segment (approximately 7 acres) in the area of proposed development along the mouth of Suttons Creek that is classified as Altavista Fine Sandy Loam, a non-hydric soil. Hydrology: The hydrology of the project area varies significantly. The areas having Yeopim A and Yeopim B soils are 18 to 36 inches above the water table, and the area having Altivista Fine Sandy Loam soil is 18 to 30 inches above the water table under normal conditions. The area having Roanoke Silt Loam is normally 0 to 12 inches above the water table, and the areas with Chowan Silt Loam soils are normally 0 to 6 inches above the water table. The significantly higher elevation of the tracts along the Perquimans River, which exhibits Yeopim A soil, and along the mouth of Sutton Creek, which exhibits Altivista Fine Sandy Loam soil, suggest the normal water table probably lies 5 to 6 feet below the surface. The area that exhibits Roanoke Silt Loam, under agriculture and sylviculture activities, has been ditched and drained, and this suggests that the normal water table probably lies I to 3 feet below the surface. Page 3 of 11 Some of the drainage from these tracts is conveyed to the Perquimans River through ditches, and some of the drainage is conveyed by ditches to the Swamp Forest areas along Suttons Creek. It appears that some natural drainage occurs from within the sylviculture area to the lower elevation Swamp Forest pocket that is surrounded by the managed pine forest. The Normal Water Level of Sutton Creek and the Perquimans River appears, from vegetative growth visible on bulkheads and tree buttress/root mats, to vary by 12 to 16 inches in response to seasonal wind direction. Strong, sustained, seasonal winds likely cause temporary excursion of the water level two to three feet above and below the Normal Water Level. Section 404 Wetlands: A 404 wetland delineation has not been conducted for these tracts. However, an assessment has been made for the presence of any such wetlands within the area where the shoreline protection development is proposed. No evidence of 404 wetlands existing within the proposed development area was observed, with the exception of where the existing drainage ditch enters the Perquimans River near the northwest comer of Parcel ID 5-0053-0048A. Bulkhead development is proposed to be kept landward of, or stop short of these 404 wetlands. Without question, 404 wetlands do exist along the shoreline of Suttons Creek in the areas identified by NC Wetlands GIS Mapping as Swamp Forest, with the corresponding hydric Chowan Silt Loam soil, but no effort was made to delineate the extent of such wetlands. Dominant canopy trees in the 404 wetlands areas can be seen to include bald cypress (Taxodium distichum), red maple (Acer rubrum), and swamp blackgum (Nyssa sylvatica var. biflora). Lower wetland vegetation was noted to include wax myrtle (1vlyrica cerifera), loblolly-bay (Gordonia lasianthus), and giant cane (Arundinaria gigantea). Coastal Wetlands: Coastal wetlands were searched for on the property within the area where the shoreline protection development is proposed, and none were found. No attempt was made to determine whether coastal wetlands may co -exist with 404 wetlands north beyond the mouth of Suttons Creek. Uplands: Upland vegetation is typical for agriculture and sylviculture activites. Areas under agriculture cultivation consist, depending on annual planting, of soy beans, corn and wheat. Areas under sylviculture consist predominantly of Loblolly pine (Pinus taeda). Other areas not under cultivation include White oak (Quercus alba), Sweet gum (Liquidambar styraciflua) and Yellow poplar (Liriodendron tulipifera). Page 4 of 11 IECMVID DEC 10 2013 Waters: �p The waters, from a line across the Perquimans River from Barrow Yomt tro Ferry Point down to the Albemarle Sound, are classified by NC Division of Water Quality as SB waters. This includes the waters along the project site. These waters are outside any primary or secondary nursery areas. The waters along the project site adjoining the Perquimans River are joint waters subject to the jurisdiction of both the NC Marine Fisheries Commission and the Wildlife Resources Commission. The waters of Sutton Creek, interior of the mouth are Inland Waters and subject to the jurisdiction of the Wildlife Resources Commission. None of the waters adjoining these tracts are designated as an Anadromous Fish Spawning area. However, all of these waters adjoining the project site are included within the Striped Bass and Herring Management Areas. These waters have been designated by the NC Shellfish Sanitation Commission to be prohibited areas for shellfish harvesting. Submerged Aquatic Ve eg tation: In that this Permit seeks only limited in -water development (4 new piers) no specific effort was made to assess the entire nearshore areas for SAV. However, when the GPS points for the shoreline were taken on 5/1/2013, no presence of SAV was observed in any location. In the areas where the four new piers are proposed, additional investigation for the presence of SAV was conducted on 09/12/2013. The proposed footprints, and areas to approximately 20 feet to the sides, for the four piers, boathouses and platforms was waded, examined visually and raked to identify presence of any SAV. For the alignments of Pier 1 and Pier 2, no SAV were detected out from the shoreline for a distance of approximately 50 feet. From 50 feet offshore to a distance of approximately 160 feet offshore, intermittent clumps of plants approximately 6 inches in diameter, were detected, corresponding to a density consistent with SAV terminology of Sparse to Very Sparse. For the alignment of Pier 3, no SAV were detected out from the shoreline for a distance of approximately 120 feet. Similarly no SAV were detected between distances from approximately 130 feet to 160 feet offshore. Within the band of the footprint between 120 feet and 130 feet, two strands of SAV were detected, corresponding to a density consistent with SAV terminology of Very Sparse to Non-Existant. For the alignment of Pier 4, no SAV were detected out from the shoreline for a distance of approximately 50 feet. Similarly no SAV were detected between distances from approximately 90 feet to 160 feet offshore. Within the band of the footprint between 50 feet and 90 feet, isolated small clumps Page 5 of I 1 of plants approximately 3 inches in diameter, were detected, corresponding to a density consistent with SAV terminology of Very Sparse. Total area for impact of SAV associated with the four proposed docking structures has been calculated to be less than 10 square feet. Historical-Archaeolo ig cal: Three Historical/Archaeological sites are indicated on the location maps retained by the NC Division of Coastal Management. These appear on Maps D64 and H67 for the Hertford, NC NW/4 Hertford 15' Quandrangle, N3607.5 — W7622.5/7.5 of 1982, DMA 5756 III NW -Series V842. These hand -drawn locations on the above maps have been approximately located on site drawings submitted for this project. Two indications are located very near the northeast boundary of the subject property, along Suttons Creek. These indications are referenced on the above maps to "Pg 54." A third indication is located just to the east of the "brick residential structure." None of these sites are located within the area of proposed development. Species of Concern: Five vertebrate species of concern are listed by the US Fish and Wildlife Service, and one vascular plant in Perquimans County. Two of the vertebrate species are listed as Endangered. These are the Atlantic sturgeon (Acipenser oxyrinchus) and the West Indian manatee (Trichechus manatus). These species could be present in this area, but no reports of any sightings were found. Two of the vertebrate species are listed as Federal Species of Concern. These are the American eel (Anguilla rostrata) and the Rafinesque's big -eared. bat (Corynorhinus rafinesquii). These species could be present in this area, but no reports of any sightings were found. One of the vertebrate species listed is the Bald eagle (Haliaeetus leucocephalus). This specie is known to be present in the area, and one report of recent sighting was found. There was no nesting habitat for this specie observed in the area of proposed development. The vascular plant listed is Raven's boxseed (Ludwigia ravenii), and is classified as a Federal Species of Concern. This plant was not observed during the site evaluation and its typical habitat of peat soils and bogs make it unlikely that it exists within the area of proposed development. It is unlikely that the proposed development will have any impacts on the identified species of concern. DEVELOPMENT: This project, in addition to the proposed erosion control bulkhead, includes proposed development of four separate boat docking facilities within waters of the State of North Carolina, including attachment to State bottom beneath the waters. The project as proposed is in compliance with the N. C. environmental Policy Act (N.C.G.S. 113A 1-10). Existing: Page 6 of 11 f DEC 10 2013 � I DEC 3 NC Division of Coastal Management (DCM) General Permi #(1� 30290A and # 60444A, authorized a total of 1500 feet of bulkhead. AA t�ota of 1458 feet of bulkhead has been constructed in three separate sections — along the shoreline. One section is on Parcel ID 5-0053-0048A, and two sections are on Parcel ID 5-0053-0048. Other prior development includes one residential structure, one storage building, and a duck pond with associated spoil pile. The drip line of the residential brick structure has recently been increased to approximately 4725 square feet as a result of ongoing expansion/alterations. This has resulted in the encroachment of 98 square feet of the brick structure and open wooden deck porch into the Estuarine Shoreline AEC, 67 feet waterward of the Normal Water Level. This recent work would be acceptable under the Single Family Residence Exemption. Demolished brick and concrete block associated with this alteration has been stockpiled for use as bulkhead backfill in an area near the shoreline approximately 985 south of the driveway to the residential structure. This occupies an area of approximately 800 square feet. The storage shed at the southern turn in Bundy Road is approximately 1935 square feet. The duck pond occupies an area of 0.49 acres, and the associated spoil pile occupies 0.23 acres. Along the bulkheaded shoreline in the vicinity of the brick residential structure, a derelict pier and platform structures exist. The derelict pier/platform extends approximately 110 feet into the Perquimans River, and the platform is approximately 240 square feet. It is proposed to reconstruct this pier/platform for use as a swimming and fishing platform, with no vessel mooring. One derelict pile exists just to the north of the derelict pier. Two derelict piles exist just waterward of the northern extent of the shoreline on PARCEL ID 5-0052-0048. Infrastructure includes a gravel -base improved roadbed of approximately .75 miles (Bundy Road), and an approximately 0.5 mile extension of Bundy Road with a graded soil surface reaching to the brick residential structure, and extending on to the south, terminating approximately 200 feet to the north of proposed Pier 4. Approximately 1480 square feet of this road have been recently repaired, located approximately 800 feet south of the brick residential dwelling driveway, including the replacement of a collapsed culvert. Other lesser improved vehicular accessways exist along the perimeters of agriculture fields and providing access to and within the sylviculture area. Other infrastructure includes power and telephone utilities roughly paralleling Bundy Road, and continuing on to the residential structure. In addition, a considerable length of agriculture and sylviculture ditching exists, providing drainage to the property. Currently, approximately 3 acres of the two parcels are devoted to the location of a residence (the brick residential structure). At present this Page 7 of 1 I leaves 588.27 acres on the combination of the two parcels for utilization for non-residential purposes. At present there is no intent to increase the area on the parcels for residential use. It is possible, in the future, that three additional residences will be sought in the vicinity of proposed Piers 1, 2, and 4. If such future development is sought, utilization on the combination of the two parcels for non-residential purposes would likely not drop below 578 acres. Proposed New as Part of this Permit Application: Four separate docking facilities: • Pier number 1 is located on the bulkheaded shoreline of the 4.57 acres of PARCEL ID 5-0053-0048A, near the northeast comer of the property. The proposed length is 155 feet, and will include a platform of 384 square feet, a boathouse of 400 square feet, and 3 boatslips (1 open with 2 mooring piles, and 2 within the boathouse). Each boatslip will be provided with a boatlift. • Pier number 2 is located on the bulkheaded shoreline near the metal storage structure on PARCEL ID 5-0052-0048. The proposed length is 155 feet, and will include a platform of 384 square feet, a boathouse of 400 square feet, and 3 boatslips (1 open with 2 mooring piles and 2 within the boathouse). Each boatslip will be provided with a boatlift. • Pier number 3 is also located on the bulkheaded shoreline near the brick residential structure on PARCEL ID 5-0052-0048. The proposed length is 155 feet, and will include a platform of 384 square feet, a boathouse of 400 square feet, and 3 boatslips (1 open and 2 within the boathouse). Each boatslip will be provided with a boatlift. • Pier number 4 is also located on the bulkheaded shoreline near the mouth of Sutton Creek on PARCEL ID 5-0052-0048. The proposed length is 155 feet, and will include a platform of 384 square feet, a boathouse of 400 square feet, and 3 boatslips (1 open and 2 within the boathouse). Each boatslip will be provided with a boatlift. One reconstruction of existing vier/platform as swimming/fishing platform (no moorage of vessels): This derelict structure is located along the shoreline near the brick residential dwelling, extends 110 feet into the water. Platform will be 12' x 20', totaling 240 square feet. Four individual sections of bulkhead: It is proposed to locate all bulkheads landward of any wetland areas, or to terminate bulkhead sections where any wetlands are encountered. This is anticipated to be necessary only where the existing drainage ditch enters the Perquimans River near the northwest comer of Parcel ID 5-0053-0048A. The bulkhead is proposed to be located at NWL Page 8 of 11 depicted on submitted drawings. There is no desire to locate bulkheads waterward of NWL for shoreline protection purposes. It is proposed that the bulkhead would only be waterward of NWL to facilitate construction in straight lines where minor undulations in shoreline would make construction along the actual waterline impracticable. In these cases, the bulkhead would be no farther waterward of the NWL than 5 feet in any single location, as is required for bulkheads permitted under General Permit Rules, per 15A NCAC 07H .I105(a)(1). A total 6,013 feet of bulkhead is proposed as follows: • Northern Section borders 946 feet of shoreline along the Perquimans River, from parcel boundary to wetlands along drainage ditch. • Short Section to south of Drainage Ditch, borders 72 feet of shoreline/404 wetlands along the Perquimans River and Drainage Ditch, connecting to existing bulkhead. • Middle Section borders 3481 feet of shoreline along the Perquimans River. • Southern Section borders 1514 feet of shoreline along the Perquimans River. Grading of adjacent uplands, extending approximately 30 feet landward of bulkhead location, is proposed for backfill in an amount totaling approximately 4,510 cubic yards. The soil adjoining the proposed bulkhead locations, within the escarpment and on the virtually flat adjoining terrace, will be used for bulkhead backfill purposes. While the width of the soil disturbance area adjacent to the proposed bulkhead will vary depending on height of the escarpment above the NWL and the lateral distance of the escarpment landward from the proposed bulkhead location, it is anticipated that this will be a maximum distance of 30 feet, and an average lateral distance of approximately 13.5 feet, and result in slopes from the adjoining terrace to the bulkhead no greater than 1:4.5. UTILITIES Wastewater: Wastewater treatment on parcel with the brick residential structure is managed with a septic tank and leach field Potable Water: Potable water on the parcel with the brick residential structure is provided by an individual well. Power and Telephone: Power utilities are provided on above ground poles extending to the storages shed on PARCEL ID 5-0053-0048A and to the brick residential structure on PARCEL ID 5-0053-0048. Telephone utilities are buried along Bundy Road and extend to the brick residential structure onb 0053-0048. DEC 102013 Page 9 of 11 DDI-MO CITY IMPACTS Project development under this Permit application seeks no new impervious surface. Overall project development involves the following impacts: Piers. Platforms and Boathouses --- - ` Each of the four new pier/platform/boathouse structures will shade approximately 1814 sq. ft. of State waters, for a combined shading 201a impact of 7256 sq. ft. • The reconstructed pier/platform will shade an area of approximately 900 sq. ft., giving total shaded impacts of approximately 8156 sq. ft. • No shading of SAV beds is anticipated from the Piers, Platforms and Boathouses. • Driving of pilings will result in minor, temporary acoustic shocks within the water column. • Driving of pilings will result in minor, temporary turbidity in the water column. Bulkhead • Potential fill of the waters of the Perquimans River exists where the bulkhead alignment may be staked at places waterward of the NWL to achieve straight sections of bulkheads as a result of shoreline irregularities. The amount of this fill cannot be estimated until such time as the alignment is staked by DCM. However, there exists no specific interest in recapturing areas lost to erosion in the vicinity of the proposed bulkhead. • Upland land disturbance extending a maximum of approximately 30 feet landward of the bulkhead alignment. These upland areas will be graded on a slope down to the bulkhead. For the four sections of proposed bulkhead, a total of approximately 4.2 Acres will be disturbed, with 0.9 Acres corresponding to the northern section of proposed bulkhead, 0.03 Acres corresponding to the short section of bulkhead near the drainage ditch, 2.4 Acres corresponding to the middle section of proposed bulkhead, and 0.9 Acres corresponding to the southern section of bulkhead. • Bulkhead backfill associated with the grading of contiguous uplands is estimated to total approximately 4,510 cu. yds. • Driving of pilings and sheetpiles will result in minor, temporary acoustic shocks within the water column. • Driving of_pilings and sheetpiles will result in minor, temporary turbidity in the water column. Access Access, as required by all land use regulations, is available through the site to the Areas of Environmental Concern in the vicinity of the proposed development without crossing any Section of 404 wetlands. Page 10 of I 1 AVOIDANCE AND MIMIMIZATION Applicant seeks to provide boat use and mooring capacity for these parcels, with one located on the smaller (northern) parcel, and three located on the larger parcel. Location and alignment of these structures has been selected based on no observed presence of SAV beds, but both location and alignment can be shifted to avoid SAV beds if present at the time of structure construction. Shading impacts are minimized by keeping pier width, and boathouse and platform areas to not exceed that allowed under the Rules of the Coastal Resources Commission under General Permits. Applicant seeks to provide erosion protection along the unprotected shoreline adjoining the Perquimans River through the construction of pile - supported wooden, and/or vinyl sheetpile bulkheads. Sedimentation and erosion control during construction will be provided by construction sequence, with bulkhead construction being completed along each section of shoreline prior to disturbance of adjoining uplands to provide backfill. In addition, construction of bulkheads will include the placement of filter cloth along the landward side of the bulkhead structures, extending landward a minimum of 6 feet from the exposed bottom of the bulkhead. Stabilization of adjoining uplands will be addressed by providing seeding of the disturbed areas at the completion of the land disturbance. RECEIVED DEC 10 2013 DCM-m my Page 11 of 11 J UCM MP-1 APPLICATION for DEC 3 2013 ] Major Development Permit COASTPI-PIPNI rFr,IENT Ef_:7 "-tl i i ` 1' (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT i� Project Name (if applicable) Shoreline Protection and Boat Docking Facilities Business Name T. A. Newbold Miller, Lie Applicant 1: First Name Thomas MI A.N. Last Name Miller Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 270 Queens Lane PO Box City Palm Beach State FL ZIP 33480 Country Palm Beach Phone No. 561-880-0487 ext. FAX No. 561-805-5936 Street Address (if different from above) City State ZIP Email Business Name .., - S.A.M.P.SA.N. And Company, Inc. Agentl Contractor 1: First Name MI Last Name Theodore J Sampson Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box City Stale 125 Hunters Trail West Elizabeth City NC ZIP Phone No. 1 - Phone No. 2 27909 252-548-4292 ext. 252-331-2447 ext. FAX No. Contractor # 866 793 4261 Street Address (if different from above) City State ZIP Email sampsonandco@roadrunner.com <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Four DCM MP-1 (Page 2 of 4) r-' i'' r i APPLICATION for Fri Vrl e)nllj ajor Development Permit County(canbemultiple) Street Address -n,,;--�,- - State TiECFdVF.D J. Perquimans Terminus of Bundy Roa 1301 Subdivision Name city State Zip DEC 10 2013 NA Phone No. Lot No.(s) (it many, attach additional page wit sr) ext. PIN 7869-53-0758, PIN 7869-42-8389, DCM•MHDCITY a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Perquimans River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project she. ®Natural ❑Manmade []Unknown Albemarle Sound 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. Perquimans County a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 14813' 25.755,721 a Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 25,556,652 sq. ft., 199,069 sq. ft., NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6' ❑NHW or ®NWL e. Vegetation on tract Soy beans, corn and wheat, Loblolly pine (Pinus taeda) in agriculture 6 sylviculture areas;other upland areas include White oak (Quercus alba), Sweet gum (Liquidambar styraciflua), and Yellow poplar (Liriodendron tulipifera); wetland areas include Bald cypress (Taxodium distichum, Red maple (Acer rubrum), Swamp Blackgum (Nyssa sylvatica var. biflora), Wax myrtel (Myrica cerifera), Loblolly bay (Gordonia lasianthus), and Giant cane (Arundinaria giganlea). I. Man-made features and uses now on tract Graded roads, ditches, power and telephone utilities, duck pond and duck pond spoil pile, 1 residential structure, 1 storage building, 3 sections of bulkhead, derilect piers and pilings. g. Identify and describe the existing land uses adlacent to the proposed project she. To the north along the Perquimans River is a waterfront residential community; to the north along Suttons Creek lies a large agricultural and forested parcel with portions of the area under active agriculture. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Rural Agriculture and Historic Agriculture (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 ft involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252.808-2808 :: 1-888-4RCOAST :: www. nc coastalma nagement. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit. m. (i) Are there wetlands on.the site? ®Yes ❑No (ii).Are there.coastal wetlands on the site? []Yes NNo (Iii) If yes to either (I) or (II) above, has a delineation been conducted? ❑Yes NNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic tank and leach field at residential structure r o. Describe existing drinking water supply source. DEC 3 2013 Individual well at residential structure p. Describe existing storm water management or treatment systems. FIi7 NA n _ a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government NPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Community development is neither proposed nor envisioned. Commercial use for agriculture and sylviculture activities will continue and benefit from shoreline stabilization of the tracts. Private use of docking facilities is anticipated, with the possibility of commercial rental. 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. Driving of pilings for bulkheads and docking facility with vibratory hammer utilizing excavator, and utilizing barge for use of excavator where needed; movement of upland fill by excavator, backhoe and/or bulldozer. d. List all development activities you propose. Construction of 4 sections of bulkhead protecting a total of 6,013 It of shoreline; construction of 4 pier/platform/boathouses, with 12 slips on two parcels, including 12 boatlifts, replacement of 1 existing pier platform, with no boat slips. e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What is the approximate total disturbed land area resulting from the proposed project? 4.2 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No proposed discharges to waters of the state. I. Will wastewater or stonnwaler be discharged into a wetland? []Yes NNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No NNA j. Is there any mitigation proposed? ❑Yes NNo ❑NA If yes, attach a mitigation proposal. - <Form continues on back> 252.808-2808 :: 11-888.4111COAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 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. I. 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 Calvin M. & Lela W. Bundy Phone No. 252-426-7447 Address 168 Russel Drive, Hertford,NC 27944 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrmittee, and Issuing dates. CAMAIDredge & Fill General Permit No. 30139A CAMAIDredge & Fill General Permit No. 30290A CAMAlDredge & Fill General Permit No. 60444A h. Signed consultant or agent authorization form, if applicable. I. Welland 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. 1 certify that I am authorized to grant, and do in fad 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 Novemberr 26, 2013 Print Name Theodore J. Sampson, agent for T. A. Newbold Miller, LLC 11 Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information VXkMW❑DCM MP-5 Bridges and ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information DEC 10 2013 DCM-MRD r,ITY DEC 3 2013 252.806.2808 :: t-888-4RCOAST :: www.ncconstalmenagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) DEC 3 2013 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 NA NA NA NA NA NA NA Width NA NA NA NA NA NA NA Avg. Existing NA NA NA NA NA Depth Final Project NA NA NA NA NA Depth 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 (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (it) Describe the purpose of the excavation in these areas: a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area Include any coastal wetlands/marsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (VVL)? 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: b. Type of material to be excavated. d. High -ground excavation in cubic yards. b. area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (I) Does the disposal Include any area in the water? ❑Yes ❑No ❑NA - (ii) If yes, how much water area is affected? _ , i r. . ,.P .i- 252-808.2808 :: 1.8884RCOAST :: www.necoastaimanagement.net revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 2 ofyx ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. _ Width: 1.5�f c. Average distance waterward of NHW or NWL: <2'; approx. 12026 d. Maximum distance waterward of NHW or NWL: 5' sq it of fill below NWL e. Type of stabilization material: Wood or Vinyl Sheetpile Bulkhead f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (ip If yes, slate amount of erosion and source of erosion amount information. Avg. of 1.87yr by comparison: 2006 survey & 2013 GPS points g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill < 12026 so It' Riprap 0 YeA - Yeopim Loam: Breakwater/Sill0 Other NA I. Source of fill material. Clean soil from adjacent uplands (Approximately 4,510 cu yds.) a. (i) Will fill material be brought to the If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area _ (iv) Purpose of fill a. How will excavated or fill material be kept on site and e controlled? Deposited behind constructed bulkhead with filter cloth backing;seeding of adjacent disturbed area. c. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. DEC 10 2013 (I) Will fill material be placed in coastal wevanosrmarsn Itvvf, submerged aquatic vegetation (SAVb shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL []None (h) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Excavator, backhoe, and/or bulldozer 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 a+id or minimize environmental impacts. If r—_.-.-._...-...._ 252-808-2808 :: 1.888-4RCOAST :: www nocoastalmanaeement.net rovlsed712126M Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) DEC 3 2013 r?AJ,P; C ` ii 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. a. () Is the docking facility/marina: ®Commercial ❑PublidGovemment ®Private/Community c. (i) Dock(s) and/or piers) (II) Number 5 : (iii) Length 155 A 55'. 154. 155' 110' (iv) Width 6 (v) Floating ❑Yes ONO b. (I) Will the facility be open to the general public? []Yes ONO d. (i) Are Finger Piers included? ❑Yes If yes: (ii) Number V (iii) Length I}r�Y� (Iv) Width —� (v) Floating ❑Yes PNo ONO e. (i) Are Platforms included? MYes ONO - f. (1) Are Boatlifts included? ®Yes ONO If yes: If yes: (ii) Number 5 (ii) Number 3.3. 3. 3 (iii) Length 24'. 24'. 24'. 24': 20' (iii) Length 24' 24'. 24'. 24' (iv) Width 19, 16' 16'. 16': 12' (iv) Width 7'. 7'. 7'. 7' (v) Floating []Yes ONO Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 12 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies M Dockage ("wet slips") only, number of slips: 4 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel MOpen water; no dredging required ❑Other; please describe: k. Typical boat length: 20' - 24' m. (I) Will the facility have tie pilings? MYes ❑No (ii) If yes number of tie pilings? 8 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed I. (1) Will the facility be open to the general public? ❑Yes ENO 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: _i b. Describe treatment type and disposal location for all sanitary wastewater. ., None c. Describe the disposal of solid waste, fish offal and trash. None DE i o mil d. How will overboard discharge of sewage from boats be controlled? rDCM-MD,.Y Prohibited e. (i) Give the location and number of "No Sewage Discharge' signs proposed. 4 (ii) Give the location and number of'Pumpout Available' signs proposed. NA f. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed of? NA h. Give the number of channel markers and "No Wake" signs proposed. 0 I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. NA j. What will be the marina policy on overnight and live -aboard dockage? Overnight dockage allowed; no live -aboard dockage. k. Describe design measures that promote boat basin Flushing? NA I. If this project is an expansion of an existing marina, what types of services are currently provided? No m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmananement.net revised: 12t27106 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ®SAV <10Total ❑SB ❑WL ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. a. (i) Istheboalhouse�stmctdie(s): ®Commercial ❑PublidGovernment ®Private/Community (H) Number 4 (iii)Length24' (iv) Width Note: Roofed areas are calculated from dripline dimensions. a. (1) Number (li) Length (lit) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): []Commercial ❑PublidGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing PEP 3 LCi3 b. Average distance from NHW, NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, eta) 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimananement.ne! revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Minimum 15' 195, Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1.2 mi e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 3'. 3'. 3.3'. 2.8' a. Give complete description: Repair/replace existing pier/platform for purposes of fishing and swimming with no boat dockage. RECEM DEC 10 2013 n DCM•MHDcny 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12127/06 VICINITY 1 1V1A OCT 3 0 2013 1 / Old Neck Rd. Directions: n Ed'enton, NC, proceed north and cast on US 17 through Hertford and across bridge over luimans River to the next traffic signal atNewHope Road. Turn east (right) onNewHopc d-and-tnwcl Q.8 miles -to first right at O1dNeck Road. Proceed 1.7 miles to Bundy Road and nght.•Continue down,$undyrlAoad for 0.3 miles. This point is the intersection of Bundy d with -the westermnastpropc ty linaofahe project area This, roparty, line runs in a heast-southwest direction, and+the.imerscctionvath.Bundyroadlies approximately0.5 miles hofihe,project-shorelinc..Cantinuing;downthe road foranother 0 8 miles, first executing a t'90 degree bend, followed by a left 90 degree bend places one at a point appmximatcly250 northeast ofthesubject shoreline. This point of the shoreline lies approximately1500 feet i the southwest comer of the project shoreline, and approximately 4300 feet from the heasttcmninus,ofthc proposed Bulkhead, along the mouth of Sutton Creek. wL,ivb a,00rumaIIor: v; rerrarII ff: MAILING IDIIS'1c/b8�1<BNTg®�Ji�l SHEET 1Dernutee: �' d% - 1t1e Zee- 4 F✓, Agents: I mil/ 1DCM Field Offices Elizabeth City f Morehead City Washington Wilinington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: Wildlife Resources: LPO: Fax Distribution: (with revised work plan drawings) Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Dave Timpy Renee Gledhill -Early or(environmental.review@ncdcr.gov) Debra Benoy (WIRO) Joey White (WARD) ---' Ken Pace Patti Fowler �'- Tim Walton Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarborough Joanne Steenhuis - 401 Chad Coburn - 401 Linda Lewis - Stornrwater Maria Dunn (WARD) Permitee Agent #:_ 0 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 25, 2014 T.A. Newbold Miller, LLC 270 Queens Lane Palm Beach, F133480 Dear Sir or Madam: John E. Skvarla, III Secretary 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..10 If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit"forin. 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 DepaIgment personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure .m Braxton C. Davis, Director N.C. Division of Coastal Management, NCDENR 400 Commerce.Avenue, Morehead City, N.C. 28557 Phone: 252-808-2808\Intemet: www:nccoastalmanagement.net 1601 Mail Service Center, Raleigh, North Carolina 27699.1601,0 Phone: 919-707.8600 \ Internet: www.ncdenr.gov An Equal oppodunity\Affirmative Action Employer— Made in part by recycled paper DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: T. A. Newbold Miller, LLC County: Perquimans RECEIVED LOCATION OF PROJECT: at the terminus of Bundy Road DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 12/03/2013 DEC 10 2013 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES PCMMHDCUY FIELD REPRESENTATIVE: Lynn Mathis DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: a :Zrr Date: 1,0113 hJ LAIC KCI;hlVhL IS Y 1VIAJUK YhKMI l J UN11: PUBLIC NOTICE REC'D: Advertise: /,g,6 // 3 Vhh KhUV: 3) 4UU (IUU%) END OF NOTICE DATE: Comments due: /2 bl /13 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO:&V yun , ON: C) 75 DAY DEADLINE: 02/16/2014 150 DAY DEADLINE: / MAIL OUT DATE: Circulation: / 2�, `( 3 STATE DUE DATE: Comments due: /Z /30 4 3 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency — Z/ Division of Community Assistance Land Quality Section L�IZ eal"^4 Division of Water Quality Storm Water Management (DWQ) State Property Office ti Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission (�( AfA4 Local Permit Office Division of Marine Fisheries J U Corps of Engineers - ACTIONS Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator t 1 Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other Written approval from DW is is not required for this project. AWR KDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary MEMORANDUM ,i RECUM TO: Doug Huggett,Major Permit Coordinator DEC 10 2013 THROUGH: Frank Jennings, District Manager 100 / DCM-M:iD CITY FROM: Lynn Mathis, District Compliance & Enforcement Representative DATE: December 3, 2013 SUBJECT: Richard Jordan CAMA Major Permit Application The applicant, Richard Jordan, proposes to construct a roof over an existing boat slip consisting of six tie pilings and four pilings holding a boatlift. The drip line of the proposed roof will extend beyond the existing footprint of pilings with a 6" overhang. Approximately 19 square feet of the roof will overhang an existing pier resulting in new shading equaling 513sf. I have reviewed the rules as they pertain to Piers and Docking Facilities and would like to offer the following: 15 NCAC 07H .0208 Use Standards (b)Special Use Standards (6) Piers and Docking Facilities. (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; Consistent: Proposed piers are 6' in width. (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; 1) Consistent: One pier is proposed on the small 4.57 acre tract with 700 linear feet of shoreline:1,004sf is consistent with the 2,000sf maximum. t-2) Consistent: While the area of shadin 's greater than 2,000sf 3,259sf proposed) the expan a use or sa a co erclal huntin and fis ing access. (C) Piers and docking acilih over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking; Consistent: None proposed. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-260723Internet: www.nocoastalmanaaement.net An Equal Opportunity 1 Affirmative Action Employer Recommendations T. A, Newbold Miller, LLC December 3, 2013 Page 2 RECEWW r EC1020131 DCM MHD CITY (D) A boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas; Consistent: The property has over 13, 000 linear feet of shoreline along the Perquimans River and Sutton's Creek. The proposed boathouses will provide expanded use of hunting and fishing. No side walls are proposed. (E) The total area enclosed by an individual boatlift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift; Consistent: The area enclosed by la boatlift will be 168sf on the 4.57 acre lot, and 504sf on the larger tract. See "D" above. (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; Consistent: Single story proposed. (G) Pier and docking facility length shall be limited. Consistent: The length of the pier will be less that other piers along the same shoreline, shall not extend into any navigation channel and will be less than %the width of the waterbody. (H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least 1 foot each 100 foot increment of length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Consistent: The maximum length proposed is 155'. (1) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. Consistent: The pier adjacent to the Bundy property is the closest and will maintain a minimum of 15' from the riparian line. (J) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: The piers do not involve any shellfishing franchise. (7) Bulkheads (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level; Consistent: The proposed bulkhead shall follow the contour of the existing shoreline and shall not exceed an average distance waterward of NWL that is greater than 2'. (See "D" on the following page) (B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources; Consistent: No wetland fill is proposed. Recommendations T. A. Newbold Miller, LLC December 3, 2013 Page 3 RECEIVED DEC 11 1113 ACM -MAD CITY (C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted 12 project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead; Consistent: Upland fill shall be obtained on site. (D) Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: The elevation of the bank along the applicant's property is failing in numerous places and is resulting in a high amount of sediment entering the river during storm events. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Consistent: The alignment being requested is a standard alignment that will allow a reasonable alignment given the shoreline configuration. (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed piers will not adversely impact public trust rights. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Consistent: Based on the configuration of the shoreline and the height of the bank, a 2' average alignment is reasonable. (v) the property to be bulkheaded is in a non -oceanfront area. Consistent: Estuarine Shoreline in Joint waters. (E) Where possible, sloping rip -rap, gabions, or vegetation shall be used rather than bulkheads. Consistent: The use of gabions and vegetation along this shoreline would not be a successful method of erosion control. Based on the above review I would like to recommend that the request be approved subject to the standard conditions. Ai wA DEC, 7 NCDENR 3 North Carolina Department of Environment and Natural Resour°L9r11D Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary December 9, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Patti Fowler, Shellfish Sanitation DIVISION OF MARINE FISHERIES Doug Huggett Major Permits Processing Coordinator CAMA Permit Application Review T. A. Newbold Miller, LLC Project Location: off Bundy Road in Perquimans County v U DEC 11 2013 r U; tis^ c,� .at,o. E �a✓ea*ioral Wa: ai.-Y S.zc on Proposed Project: Bulkhead, piers, platforms, boathouses, & boatlifts Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. XThis office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED ""v" , F, 6-t'- DATE la/I3/13 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer w ARA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor December 9, 2013 MEMORANDUM tile] SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Tim Walton, Manager State Property Office Doug Huggett Major Permits Processing Coordinator CAMA Permit Application Review T. A. Newbold Miller, LLC off Bundy Road in Perquimans County John E. Skvarla, III Secretary RECEIVE® DEC 1 1 2013 STATE PROPERTY OFFICE 6-, RECEIVED JAN 0 2 2014 Bulkhead, piers, platforms, boathouses, & boatlifts Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached j1 comments. `�k�yv3`°_5 SIGNED DATE ��� 7 US 17 South, Eli th City, NC 27909 Phone: 252-264�9011 FAX: 252-264-3723; Internet: www.nocoastaimanagement.net An Equal opportunity 1 Affirmative Action Employer North Carolina Department of Administration Pat McCrory, Governor Bill Daughtridge, Jr., Secretary December 11, 2013 To: Doug Huggett Major Permits Processing Coordinator From: Joy Wayman Real Property A t Re: CAMA Permit Ap is ion Review Applicant T. A. Newbold Miller, LLC 12 total slips - Commercial RECEIVED JAN 0 2 2014 DCM-MHD CITY State Property Office Reply: The project may require a Submerged Land Easement provided that it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged lands easement. Malling Address: Telephone (919) 807-4650 Location: 1321 Mail Service Center Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina An Equal Opportunity / Affirmative Action Employer Web: hap://w .ncspo.org 40a (1)4, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor December 9, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director John E. Skvarla, III Secretary RECEIVED DEC 17 2013 Patrick McClain, P.E., Regional Engineer / Tracy Davis D MHDcrry NC DIVISION OF ENERGY, MINERALS, & LAND RESOURCES Doug Huggett Major Permits Processing Coordinator CAMA Permit Application Review T. A. Newbold Miller, LLC off Bundy Road in Perquimans County Bulkhead, piers, platforms, boathouses, & boadifts Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis 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. _JZ�This agency approves of the project only if the recommended changes are incorporated. See attached.)R )V&tcy,✓> W)4 r✓e7YJ yo 6,677A/h/ This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1a /5/°'w/3 r 1367 US 17 South, Elizabeth City, NC 27909 A fibs Phone: 252-264-39011FAX: 252-2643723; Internet: www,nccoastalmanagement.net fi Nd/Kc sF ✓4l,04✓ Fes* AV/4wn An Equal Opportunity k Affirmative Action Employer 64144WO ZVO 0s/ytPi�lr✓✓c!. xscslvEo NCD_' 'R North Carolina Department of Environment and Natural ResourceAN 0 2 2014 Division of Coastal Management Pat McCrory Braxton C. Davis Jomm-filuftlill Governor Director Secretary December 9, 2013 MEMORANDUM TO: Maria Tripp Dunn NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA Permit Application Review Applicant: T. A. Newbold Miller, LLC Project Location: off Bundy Road in Perquimans County Proposed Project: Bulkhead, piers, platforms, boathouses, & boatlifts Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/13 to 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE l a'. -7 -2-013 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2643901 \ FAX: 252-264-3723 ; Internet: www.ncooastalmanagemant.net An Equal opportunity \ Affirmative Action Employer Im lm) JAN 0 2 2014 Dcm-Iv oc..w ® North Carolina Wildlife Resources Commission KJ Gordon Myers, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn, Northeast Coastal Region Coordinator Habitat Conservation Program DATE: December 27, 2013 SUBJECT: CAMA Dredge/Fill Permit Application for T.A. Newbold Miller, LLC, Perquimans County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at the end of Bundy Road, off Old Neck in Perquimans County. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct four sections of bulkhead along 6,013' of shoreline of the Perquimans River. The application states the alignment of the bulkhead will vary, but is not to be placed greater than 2' waterward of normal water level. In addition to the bulkhead, five piers will be constructed in various locations. The Perquimans River and Sutton Creek are classified SB by the Environmental Management Commission and are designated anadromous fish spawning areas (AFSA) by the NC Division of Marine Fisheries and NC Wildlife Resources Commission. The NCWRC has reviewed the permit application and notes the request to harden the shoreline is extensive. Detailed information regarding the alignment of the normal water line and erosion rates were not clear in the application. Therefore, we request the alignment of the bulkhead only be allowed to occur at the normal water line to minimize impacts to shallow water habitats and submerged aquatic vegetation (SAV). Our agency has commented several times on various projects in the area and understands that although no SAV was noted during the field investigation, it is likely SAV occurs in the area during the appropriate time of the season. We would also like to state our general concern with vertical shoreline stabilization measures and the potential of bottom scour adjacent to these structures. Natural shoreline protection measures as well as rip -rap shorelines provide better habitat opportunities than vertical structures and benefit numerous fish assemblages. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 C— r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder Governor Director December 20, 2013 MEMORANDUM: To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: David Tuten, Environmental Engineer, PWSS/WaRO Subject: CAMA Permit Application Review Applicant: T.A. Newbold Miller, LLC Project Location: Off Bundy Road in Perquimans County Proposed Project: Bulkhead, piers, platforms, boathouse, & boatlifts REPLY: Comments: SIGNED John E. Skvarla, III Secretary JAN 0 2 2014 /M, 1'll yyl►� This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Public Water Supply Section — Jessica C. Godreau, P.E., BCEE, Chief Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone. 252-946-6481 1 FAX 252-948-00401 Internet: www.ncwater.org/pws/ An Equal Opportunity 1 AKrmalive Action Employer DATE 1.2 ( )p / I Z QG- North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director Mr. Thomas A.N. Miller T.A. Newbold Miller, LLC 270 Queens Lane Palm Beach, FL 33480 Dear Mr. Miller. Pat McCrory, Govemor John E. Skvada, III, Secretary December 30, 2013 Subject; EXEMPTION from Stormwater Management Permit Regulations CAMA Major- Shoreline Protection and Boat Docking Facilities Project Stormwater Project No. SW7131205 Perquimans County The Washington Regional Office received a copy of your CAMA Major application for your proposed shoreline protection and boat docking facilities project located at the terminus of Bundy Road in Perquimans County on December 11, 2013. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000 and'SL 2008-211, For this reason, we are Informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 21-1.1000 and SL 2008-211 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Energy, Mineral, and Land Resources, Division of Water Resources, Division of Coastal Management or any other Federal, State or Local Government Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter, please contact me at (252) 948 - 3923, Sincerely, Roger K Thorpe Environmental Engineer cc: Doug Huggett, DCM — Morehead S.A.M.P.S.O.N, and Company Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27880 • Phone: 252-946-64811 FAX: 252-976-3716 Internet: hgpdA"vvi.portal.ncdenr.org/webAr/land-quality An Equal Opportunity I Affirmative Action Employer - 50%Recycled110% Post Consumer Paper A"® HR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor December 9, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director John E. Skvarla, III Secretary Anthony Scarbraugh, Environmental Senior Sppecialist Division of Water Resources; Water Quality Programs - WaRO Doug Huggett Major Permits Processing Coordinator CAMA Permit Application Review T. A. Newbold Miller, LLC off Bundy Road in Perquimans County Bulkhead, piers, platforms, boathouses, & boatlifts Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: TliH�agency has no objection to the project as proposed. This agency has no comment on. the proposed project. 1367 US 17 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. DATE —_ ; Internet: wmv.nccoastalmanagemenl.nel An Equal Opportunity lAfflrmative Action Employer VVI'i NCD NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director December 9, 2013 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA Permit Application Review Applicant: T. A. Newbold Miller, LLC Project Location: off Bundy Road in Perquimans County Proposed Project: Bulkhead, piers, platforms, boathouses, & boatlifts RECEIVED JAN 0 2 2014 John E. Skvarla, III Ac*JRQF Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. X T42M_ „k_trx�etbo SIGNED DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264,39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net An Equal Opportunity \ Affirmative Action Employer f t F45ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary RECEIVED MEMORANDUM JAN 0 2 2014 TO: Doug Hugge71C Major Permit Coordinator FROM: Charlan OweP, DCM NE District Planner 'DCM•MHDCITY SUBJECT: Major Permit Request by T. A. Newbold Miller, LLC to install four (4) sections of vinyl bulkhead totaling 6,013 linear feet; construct four (4) 131 foot long wood piers with each having a 16 foot by 24 foot terminus platform, a 16 foot 8 inch by 24 foot boathouse with two (2) 7 foot by 24 foot interior boat lifts, a 6 foot by 14 foot 4 inch finger pier, and a 7 foot by 24 foot exterior boat lift, and; construct a 98 foot long pier with a 12 foot by 20 foot terminus platform; on the Perquimans River on property located at the terminus of Bundy's Road, off Old Neck Road, in Perquimans County. DATE: December 18, 2013 Consistency Determination: The request is consistent with/not in conflict with the 1998 Perquimans County Land Use Plan certified by the CRC on October 24, 2002. Overview: The subject property consists of a 586.7 acre tract and a 4.57 acre lot with a combined total of 8,074 linear feet of shoreline along the Perquimans River and 6,804 linear feet of shoreline along Sutton's Creek. Approximately 241 acres of Upland is utilized for agricultural purposes, 261 acres is Uplands forest, and 60 acres along Sutton's Creek is considered Swamp Forest, likely comprised of Section 404 Wetlands. Section 404 wetlands are located along an existing drainage ditch entering the river on the west side of the property. Roads have recently been constructed to access managed pine forest and deer stands for hunting. The project area is located within and along the shoreline of the Perquimans River. No Section 404 wetlands are located within the project area. A prominent erosion escarpment exists along natural shoreline areas, with an estimated erosion rate of 1.8 feet per year. The shoreline is irregular with severe scalloping in these areas and numerous fallen trees are located along the shoreline. Elevations along the escarpment range from 5 to 12 feet above Normal Water Level (NWL). Existing site improvements consist of a single family house, a storage barn, and a camper. Existing shoreline improvements consist of three (3) sections of bulkhead totaling 1,472 linear feet and remnant pilings from a pier and platform that was damaged in 2003 by Hurricane Isabel. The project area is located within Floodzone AE along the shoreline. Installation of four (4) sections of vinyl bulkhead totaling 6,013 linear feet; construction of four (4) 131 foot long wood piers with each having a 16 foot by 24 foot terminus platform, a 16 foot 8 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Intemet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 of 3 inch by 24 foot boathouse with two (2) 7 foot by 24 foot interior boat lifts, a 6 foot by 14 foot 4 inch finger pier, and a 7 foot by 24 foot exterior boat lift, and; construction of a 98 foot long pier with a 12 foot by 20 foot terminus platform. Fallen trees will be removed along the shoreline to allow for bulkhead construction. The four (4) sections of bulkhead will tie into the existing bulkheads. With exception of the small ditch located at the west side of the site, the entire shoreline abutting the Perquimans River will have vinyl bulkhead. The average alignment of the bulkhead will be no greater than 2 feet waterward of Normal Water Level (NWL). The top of the bulkhead will be constructed at an elevation of 3 feet above NWL. The 98 foot long pier with platform will replace the pier and platform damaged in 2003. The waters of the Perquimans River are classified as "Joint" and SB in this area and are closed to shellfish harvesting. Water depths average 3 feet at a distance of 155 feet offshore. The water body width ranges from 1.4 miles across the river to .2 mile at the mouth of Sutton's Creek. Submerged Aquatic Vegetation (SAV) has been known to inhabit the water bottom near the property. Presence and density of SAV is subject to temperature, salinity and seasonal storm activity. According to the application, little to no vegetation was found along the shoreline of the subject property. The subject property is located within the Old Neck Historic District. According to the application, there are three (3) historic sites listed on the subject property. None of the identified historic sites are within the project area. A review of archaeological resources was not provided. Anticipated Impacts resulting from this project are expected to include: the filling of 12,026 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 4.22 acres of Public Trust/Estuarine Shoreline AEC, and; the shading of 7,323 sq. ft. of Public Trust Area/Estuarine Waters AEC. Basis for Determination: The Perquimans County Land Classification Map identifies the site area as "Rural". As noted on Page 49 of the Land Use Plan (LUP), all areas within an AEC also qualify for the designation of "Conservation". The following are LUP policies that may be applicable to this request: Areas of Environmental Concern (AEC) and Appropriate Land Uses in AECs: Policy #1, Page vi. "Perquimans County will continue to support and enforce, through its CAMA Minor Permitting capacity the State policies and permitted uses in Areas of Environmental Concern. Such uses shall be in accord with the general use standards for coastal wetlands, estuarine waters, estuarine shorelines, and public trust areas as stated in Chapter 15A, Subchapter 7H of the North Carolina General Statutes." 1367 US 17 South, Elizabeth City, NC 27909 JAN d 1 Z014 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer v North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 3 of 3 Note: The implementation statement for this policy indicates that the County will refer applicants to the State CAMA office for major permits. Constraint to Development Including Soil Limitations, Flood Prone Areas, Hazardous and Fragile Land Areas: Policy #2, Page vi. "The County will continue to rely on existing Regional, State and Federal regulatory programs to monitor and determine the appropriateness of future development in the fragile lands areas, flood prone areas and soils with limitations to development." Commercial and Recreational Fishing: Policy #12, Page ix. "The County encourages commercial and recreational fishing in its waters and will cooperate with other local governments, State and federal agencies to control pollution of these waters to allow commercial and recreational fishing to increase." Stone Hazard Mitigation: Policy #23, Page xii. "It will be the policy of Perquimans County to enforce all controls and regulations it deems necessary to mitigate the risk of severe storms and hurricanes to life and property..." Note: The implementation statement concerning Wave Action and Shoreline Erosion for this policy indicates that the County continues to support CAMA permitting procedures concerning the estuarine shoreline. I RECE'tVED �c�tmCtTY 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www,noDoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer AGUA NOT A CAMA PERMIT O EM North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary January 3, 2014 DWR # 13-1280 Perquimans County T.A. Newbold Miller, LLC. Mr. Thomas A.N. Miller 270 Queens Lane Palm Beach, FL 33480 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS T.A. Newbold Miller, LLC —Shoreline Protection and Docking Facilities Dear Mr. Miller: You have our approval for the impacts listed below for the purpose described in your application dated December 6, 2013 and received by the Division of Water Resources (Division) on December 11, 2013. These impacts are covered by the attached Water Quality General Certification Number 3900 and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed In the enclosed certifications) or general permit and the following additional conditions: 1. 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. Water Quality Regional Operations Section 943 Washington Square Mall, Washington, North Carolina 27869 Phone: 252-946-64811 FAX: 252-9753716 Internetw i.ncwater.om An Equal OppwtupilyI ARrmativa Action Employer r` �4 T. raj C. T.A. Newbold Miller, LLC. Mr. Thomas A.N. Miller D W R k 13-1280 401 APPROVAL Page 2 of 3 Type of Amount Amount Plan location/ Reference Attached Impact Approved Approved (units) (units) Temporary Permanent Open Waters 0.28 (acres) 0 (acres) T.A. Newbold Miller, LLC Shoreline Protection & Pier Development Sheets 2, 3, 4 and 5 Bulkhead Open Waters 0.17 (acres) 0 (acres) T.A. Newbold Miller, LLC Shoreline Protection & Pier Development Sheets 3, 4 and 5 Piers and Boathouse 2. This approval Is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of 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 approval letter and General Certification and is responsible for complying with all conditions. 3. This approval and its conditions are final and binding unless contested. These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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:OOam 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. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 T.A. Newbold Miller, LLC. Mr. Thomas A.N. Miller DWR # 13-1280 401 APPROVAL Page 3 of 3 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraueh@ncdenr.aov If you have any questions or concerns. Sincerely,, David Regional Supervisor DWR Water Quality Regional Operation Section Washington Regional Office Enclosure: GC 3900 cc;. Doug Huggett, DCM Morehead City Lynn Mathis, DCM Elizabeth City Raleigh Bland, USACE Washington Regulatory Field Office (via email) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File Pat McClain, DELMR WaRO (via email) Ted Sampson, S.A.M.P.S.O.N. and Company, Inc., 125 Hunters Trall West, Elizabeth City, NC 27909 North Carolina Pat McCrory Governor NCDENR Department of Environment and Division of Coastal Management TO: Doug Huggett FROM: Kevin Hart DATE: December 17, 2013 SUBJECT: T.A. Newbold Miller, LLC Braxton C. Davis Director Natural Resources John E. Skvarla, III Secretary The applicant is proposing to bulkhead four sections of the Perquimans River starting at Suttons Creek (totaling 6,013'). The bulkhead will be constructed no greater than 2' water ward of NWL which will result in the filling of up to 12,026 square feet of shallow bottom. This project will be in addition to three bulkhead general permits (1,500ft) that have been issued on two separate tracts that are part of this project. The shoreline in this location is a bluff with cypress trees adjacent to the shoreline. The applicant also proposes to construct five piers with platforms. Four of the five piers will have boathouses with three formal boat moorings totaling 12 formal slips (6,495 square feet of shading). One of the piers will be replacing a pre-existing pier that was destroyed in past storms. The applicant has stated that there is no submerged aquatic vegetation (SAV) observed (May 1, 2013 and September 12, 2013) in the project location but the NCDCM field representative and historical SAV mapping projects show SAV to be present in the project location. Upstream of the project location the Perquimans River is identified by the Marine Fisheries Commission and the Wildlife Resources Commission (NCWRC) as an Anadromous Fish Spawning Area (AFSA). Although the applicant has stated that the project tracts are not adjacent to AFSA waters, Sutton Creek is designated as AFSA by the NCWRC. Hardening the shoreline in this location will have detrimental effects on the fisheries habitat in the project location. Once the shoreline is hardened using bulkhead there will be scouring and erosion of the cypress trees and soft bottom that provide important fisheries habitat. The applicant should consider the use of rip rap in this location to prevent the erosion of the cypress trees and scouring of the soft bottom as well as provide additional fisheries habitat. In addition some of the existing bulkhead is already showing signs of failure. Utilizing rip rap either alone or in front of the bulkhead will ensure long term stability of the shoreline while providing fishes with habitat. AFSAs have been designated due to the presence of spawning anadromous fish (i.e. river herring (classified as depleted by the NCDMF and striped bass). The loss of the habitat will likely have detrimental impacts to the anadromous fish. If the applicant will not use rip rap for the entirety of the project they should consider using it in the vicinity of Sutton Creek. Although most of the boat slips are in water depths greater than -3'NWL the southernmost pier terminates in-2.8'NWL. Due to the known presence of submerged aquatic vegetation (SAV) this southern most pier should be to deeper water to minimize the impacts to SAV. If the applicant wishes to leave this pier as drawn on the 4/24/2013 plat (with DCM mods on 11/26/2013) the applicant would have to perform a SAV survey during the period of peak SAV productivity of June through August. The applicant states that there has been approximately 1.8' of erosion over the past year, but the applicant states that they would like to place the bulkhead 2' waterward of NWL. The applicant can further minimize impacts to soft bottom habitat by placing the bulkhead at 1.8' NWL. 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 \ FAX: 252-94M478 Internet: www.nocoastalmanagement.net An Equal Opportunity 1Atfirma6ve Action Employer If you have any comments or questions, please contact me at (252) 948-3950 or email me at Kevin.Haq@ncdenr.gov . 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64814 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affrmabve Acton Employer January 8, 2014 Regulatory Division Action ID No. SAW-2014-00306 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Thomas Miller to construct approximately 6,013 linear feet of new bulkhead, four 131 linear foot piers with a 24 foot long platform on each end and associated 16ft x 248 boathouses, in the Perquimans River, off Bundy Road, in Perquimans County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- . 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pemrittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management 12 W North Carolina Department of Environment:and. Natural Division'ot'Coastal Management Pat McCrory Braxton C. Davis Director Govemor December 9, 2013 Wl'sMOl�1M To: Itc ace Gledhill-Larly. Nc Department of Cultural,Rcsodrees FROM; Doug I luggett MajorPerniits Processing Coordinator SlJBJCCT; GANIA Permit Application Review Applicant:T. A.'Newbold Miller, LLC Project Location; off Bunely Road in Pergainians County Proposed Project: Bulklicad,.p crs_ platforms. boathouses, c'L' boatlifts John E. Skvaiia, III Secretary 13-.- Please,indicate below your agency's position or viewpdint.onlhe proposed project and returnahis form by 12/30/t3 to 400 Comment Ai cane loot chend Git 'aNContact Lynn MatlIs at3 "2) If you have any questions reaardmg the proposed Pt41ec' p. , 264-3901. When appropriate, in-depth conunents wiIII ,sapportirig data, requested. REPLY: This office hast10 objection to the project as Proposed'. 11iis,oftice has no conitnenhon the proposed project.. This otlicc approves of the pr'oicct 0111V if the reconuncnded eltnnaes are % — incorporated. Sec: attached. This. office Objects to the project for reasons described in the attached comments. SIGNED r` t DATE 1367 US 17 South, Elizaao-th Coy IJC 27911j, phone: 252-264�991 t FAK. 252 264-3723 ; Internet'. wKw:pcco2slalmansgementnef An Equa[ Opportunity 1 A6Irrngve Action Employ`s OEc 11 3 2013- I .' North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Klutrz December 17, 2013 MEMORANDUM TO: Doug Huggett Major Permits Processing Section Division of Coastal Management FROM: Ramona M. Bartos CAt+ 4...'t'v , v.woc. Office of Archives and History Deputy Secretary Kevin Cherry SUBJECT: T. A. Newbold Miller, LLC — Bulkhead, Piers, etc., off Bundy Road, Perquimans County, ER 13-2938 Thank you for your memorandum of December 9, 2013. We have reviewed the permit application provided for the above project and offer the following comments. The proposed project is located at the end of Bundy Road off Old Neck, in Perquimans County. This area was surveyed for archaeological sites in March of 2007. At least five archaeological sites appear to be located within the 75-FT Estuarine Shoreline AEC and may be impacted -by the proposed undertaking. These sites include: 31PQ158, 31PQ159, 31PQ160, 31PQ161, and 31PQ162. A sixth site, 31PQ53, is located very close to the proposed undertaking and may be impacted. Most of these sites are associated with an antebellum plantation. One site, 31PQ160, is a prehistoric site located near the confluence of Suttons Creek and the Perquimans River. None of these sites have been assessed in terms of the National Register of Historic Places (NRHP). As a result, the project location is considered a high probability area for potentially significant cultural resources. We recommend that any permits issued for the project include the following conditions. Prior to initiation of any ground disturbing activities, the permittee shall arrange for an archaeological assessment of the project area within the 75-FT Estuarine Shoreline AEC. The purpose of the work will be to relocate archaeological sites 31PQ158, 31PQ159, 31PQ160, 31PQ161, and 31PQ162 in order to determine whether they will be impacted by the proposed undertaking. Those sites impacted will be tested at a Phase II level of effort and assessed in terms of eligibility for the NRHP. If any of the sites listed above are deemed eligible for inclusion on the NRHP; then the permittee shall determine whether the site(s) will be adversely affected by the project activities. If so, the permittee will develop and implement an appropriate mitigation plan for those sites adversely affected. This condition also includes the relocation of site 31PQ53 in order to determine if the site is located within the 75-FT Estuarine Shoreline AEC. If so, this site will need to be assessed in the same manner as above in regards to eligibility for the NRHP. All archaeological background research and proposed field methods related to this project will be conducted in consultation with the Office of State Archaeology prior to implementation in the field. Two copies of all resulting archaeological reports, as well as one copy of revised North Carolina site forms, should be forwarded to the Office of State Archaeology tl w& th-. ins �fFice for review and comment as soon as they are available and in advance of any construction or ground disturbance activities. Location: 109 East jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 Telephone/Fax: (919) 807-6570/807-6599 NotT hst of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at: www.archaeology.ncdcr.govincarch/resource/consultants.htm. The archaeologists listed at the website above, or any other experienced archaeologist, may be contacted to conduct the recommended archaeological work. As stated above, all activities associated with the archaeological investigations shall be coordinated with the Office of State Archaeology prior to beginning any archaeological fieldwork. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above -referenced tracking number. cc: Thomas A. N. Miller, T. A. Newbold Miller, LLC Theodore J. Sampson, S.A.M.P.S.O.N. and Company, Inc., sampsonandco@roadmnner.com Govoni, Daniel From: Ted Sampson, Sr [TedSr@sampsoncontracting.com] Sent: Monday, March 17, 2014 7:55 PM To: Govoni, Daniel Cc: catheefl@yahoo.com Subject: T.A. Newbold -Miller Major Permit Application; request for removal of voluntary hold Daniel, Thank you for taking the time to speak with me on the telephone earlier today. This email provides documentation for your files on the matters discussed: Issue relating to historical artifacts and concerns of NCDCR: • Arrange for professional archaeologist, to monitor project, who shall: o Consult with OSA on all background archaeological research and proposed field methods, prior to field implementation. o Relocate and mark boundaries within 75-ft Estuarine Shoreline AEC of sites 31PQ53, 31PQ158, 31PQ159, 31PQ160, 31PQ161, & 31PQ162, to determine if they will be impacted by development & serve as markers for construction personnel. o Shovel test sites 31PQ161 & 31PQ162 to determine if development activities intrude within site boundaries, and determine potential for site integrity within areas of impact. o Coordinate with OSA to determine if additional work needed prior to construction, if intact archaeological features or culturally derived stratigraphy note integrity of the sites. o Provide 2 copies of formal report relative to shovel testing at sites 31PQ161 and 31PQ162, and the monit6ring of the project. o Provide 1 copy of revised NC site forms for OSA review and comment. • Further consult with OSA prior to development activities, if, additional sites or features are discovered. • Stop work and test at Phase II level of effort and assess in terms of eligibility for the NRHP if monitoring activities indicate that site contains intact archaeological features or culturally derived stratigraphy that is impacted by proposed work. • For any sites deemed to be adversely impacted, and deemed eligible for inclusion on the NRHP, develop an appropriate mitigation plan. The above items to address concerns of NCDCR were established in NCDCR letter dated 2/25/2014 concerning the proposed development. The Permit applicant has agreed to work with NCDCR in accordance with the above items. Issue relating to riwan versus bulkheads for shoreline erosion control: This matter was discussed with Permit applicant relative to minimizing impacts to shallow water habitat. The applicant strongly desires to achieve the shoreline stabilization with the utilization of bulkhead structures. He points out that he has located bulkhead alignment to be at, or landward, of the existing NWL, and this on its own will tend to preserve the existing broad adjoining shallow water habitat that currently exists. It is also important to consider the existing geologic features of this shoreline, and to note that the steep, nearly vertical banks, extending many feet above the shoreline, require a structure that will function equivalent to a retaining wall with tie -back features to prevent the adjoining uplands from washing out during storm events that exceed NWL elevation. Voluntary Hold: This project was placed on voluntary hold while the Permit applicant was considering the above issues. It is requested that this voluntary hold now be removed, and that the process of Permit evaluation be resumed. Govoni, Daniel From: Ted Sampson, Sr [TedSr@sampsoncontracting.com] Sent: Monday, February 17, 2014 3:36 PM To: Govoni, Daniel Subject: T.A. Newbold -Miller Major.Permit Application; request for voluntary hold Attachments: NCDCR 2.pdf Daniel, Thank you for the earlier telephone calls on this project to discuss matter relating to permit evaluation. This email will serve as confirmation of my earlier telephone communication to you that I, as agent for the owner, am placing this project on voluntary hold pending further resolution of DMF and DCR concerns. I have communicated the expressed concerns of DMF and DCR to the owner, along with a request for his confirmation of a willingness to have this on voluntary hold. I will notify you of how the owner wishes to proceed, as soon as I obtain that feedback. Also, pursuant to our telephone conversation, the original drawing submitted has been modified several times in response to matters raised by DCR. The governing drawing that would not reflect what appears to be an agreement between DCR and the Owner would be: Drawing Number 06-042413-001, Sheet 1, Rev 4, dated 01/31/2014. This drawing is attached in pdf format. At this point I have not updated Sheets 2 — 5 to reflect the changes depicted on Sheet 1. If this is needed prior to permit issuance please let me know. With best regards, Ted Sampson Govoni, Daniel From: Govoni, Daniel Sent: Wednesday, March 19, 2014 10:55 AM To: 'Ted Sampson, Sr' Cc: Mathis, Lynn Subject: RE: T.A. Newbold -Miller Major Permit Application; request for removal of voluntary hold Hello Ted, Thank you for the below email. The Division of Coastal Management hereby acknowledges your email on March 17, 2014 requesting that the Coastal Area Management Act permit application for a proposed project in Perquimans County be removed from DCM "hold" status. By way of this email we are informing you that the application is no longer on Division of Coastal Management hold and processing of the application will continue which will make 150-day deadline June 30, 2014, however we will take action as soon as possible. Let me know if you have any questions. Thank you. Daniel Daniel M. Govoni Asst. Major Permits Coordinator NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252)808-2808 (252) 247-3330 fax daniel.govoni@ncderir.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Ted Sampson, Sr[mailto:TedSr@sampsoncontracting.com] Sent: Monday, March 17, 2014 7:55 PM To: Govoni, Daniel Cc: catheefl@yahoo.com Subject: T.A. Newbold -Miller Major Permit Application; request for removal of voluntary hold Daniel, Thank you for taking the time to speak with me on the telephone earlier today. This email provides documentation for your files on the matters discussed: Issue relating to historical artifacts and concerns of NCDCR: • Arrange for professional archaeologist, to monitor project, who shall: o Consult with OSA on all background archaeological research and proposed field methods, prior to field implementation. o Relocate and mark boundaries within 75-ft Estuarine Shoreline AEC of sites 31PQ53, 31PQ158, 31PQ159, 31PQ160, 31PQ161, & 31PQ162, to determine if they will be impacted by development & serve as markers for construction personnel. o Shovel test sites 31PQ161 & 31PQ162 to determine if development activities intrude within site boundaries, and determine potential for site integrity within areas of impact. o Coordinate with OSA to determine if additional work needed prior to construction, if, intact archaeological features or culturally derived stratigraphy note integrity of the sites. o Provide 2 copies of formal report relative to shovel testing at sites 31PQ161 and 31PQ162, and the monitoring of the project. o Provide 1 copy of revised NC site forms for OSA review and comment. Further consult with OSA prior to development activities, if, additional sites or features are discovered. Stop work and test at Phase II level of effort and assess in terms of eligibility for the NRHP if monitoring activities indicate that site contains intact archaeological features or culturally derived stratigraphy that is impacted by proposed work. For any sites deemed to be adversely impacted, and deemed eligible for inclusion on the NRHP, develop an appropriate mitigation plan. The above items to address concerns of NCDCR were established in NCDCR letter dated 2/25/2014 concerning the proposed development. The Permit applicant has agreed to work with NCDCR in accordance with the above items. Issue relating to riprau versus bulkheads for shoreline erosion control: This matter was discussed with Permit applicant relative to minimizing impacts to shallow water habitat. The applicant strongly desires to achieve the shoreline stabilization with the utilization of bulkhead structures. He points out that he has located bulkhead alignment to be at, or landward, of the existing NWL, and this on its own will tend to preserve the existing broad adjoining shallow water habitat that currently exists. It is also important to consider the existing geologic features of this shoreline, and to note that the steep, nearly vertical banks, extending many feet above the shoreline, require a structure that will function equivalent to a retaining wall with tie -back features to prevent the adjoining uplands from washing out during storm events that exceed NWL elevation. Voluntary Hold: This project was placed on voluntary hold while the Permit applicant was considering the above issues. It is requested that this voluntary hold now be removed, and that the process of Permit evaluation be resumed. If you require any additional information or documentation from the Applicant to reach your Permit decision, please let me know. Many thanks for your consideration in this matter. With best regards, Ted Sampson DIVISION OF COASTAL MANAGEMENT RECEtVEn FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: T. A. Newbold Miller, LLC DEC 10 2013 2. LOCATION OF PROJECT SITE: The property is located at the end of Bundy's aid)WbIRM, in Perquimans County, North Carolina. Photo Index: 2006: Partial coverage:161-6829 A2-5, B5&6, C6-8, D8,E8,F8-10 2000:1601757 R11- 13, S1-3, S7-T1, S14-16, T4-6, T17 160-178 R17-24 1995: 160-1646 Q17&18, R15-17, R18-22, S14- 16, S2-8, T9-11 1989: 1 18.7 H4-13,11-3,114&15, 11422 118.8 H5&6, H14-22,17-9,112&13,123&24 1984: 116-810 P3-14, Q172 116.811: P13, P23&24, Q13-17, Q20-22, R17-19 State Plane Coordinates: X: 2767112 Y: 890586 3. INVESTIGATION TYPE: CAMAID&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit(s):11/02/2013 by boat & 11/05/2013 by land Was Applicant Present: No, a request to meet with the applicant's consultant was denied. 5. PROCESSING PROCEDURE: Application Received Complete: December 3, 2013 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Perquimans County LUP Land Classification: (B) AEC(s) Involved: PTW, EW and ES (C) Water Dependent: Yes (D) Intended Use: Private and Commercial (E) Wastewater Treatment: Existing: One septic System Planned: None (F) Type of Structures: Existing: Planned (G) Estimated Annual Rate of Erosion: Three sections of bulkheading, one storage/farm building, one camper, gravel access road, and one dwelling. Four new sections of bulkheading and five piers with platforms. Four of the five piers will have boathouses with 3 formal boat moorings at each for a total of 12 formal moorings. 1.8' HABITAT DESCRIPTION: [AREA] DREDGED FILLED Shading (A) Vegetated Wetlands (B) Non -Vegetated Wetlands: Shallow Bottom Open Water 12,026sf 7,323sf (C) Other: High Ground 183,952sf (D) Total Area Disturbed: 203,301sf (4.66 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No T T. A., Newbold Miller, LLC Field Investigation Report Page 2 8. � � PROJECT SUMMARY: The applicant proposes to bulkhead four sections of shoreline totaling 6,013 linear feet and construct of five piers with five platforms. Four of the five piers will have boathouses with two boatlifts in each boathouse and a third boatlift on the landward side of the boathouse adjacent to the pier and a finger pier. The fifth proposed pier will be in the same location as a pier destroyed during Hurricane Isabel in 2002, and will have no formal mooring facility. The project will involve two tracts under single ownership. Project Setting The applicant's property is located at the end of Bundy's Road (SR 1301), adjacent to the Perquimans River and Sutton's Creek, in Perquimans County, North Carolina. The property consists of two tracts totaling 591.27 acres with approximately 8,074' of shoreline along the Perquimans River. The first tract consists of 4.57 acres with approximately 700' of shoreline, with 425' of existing vinyl bulkhead. The second tract consists of 586.7 acres with approximately 7,374' of shoreline along the Perquimans River, with two sections of existing bulkheading totaling 1,047'. A prominent escarpment exists along the property where erosion control structures have not been constructed, with an estimated annual erosion rate of 1.8' per year. The shoreline is irregular with severe scalloping and numerous fallen trees along the shoreline. Elevations along the escarpment are between 5' and 12' above normal water level and extend as far back as 24' from normal water level (NWL). Structures on the two tracts are limited to three sections of bulkhead, one residence, a storage barn, and a camper. Located adjacent to the residence along the Perquimans River area some remnant pilings from a pier and platform that were severely damaged in 2003 by Hurricane Isabel. No repairs were made to the pier or platform and it was eventually destroyed by the storms and wave action. Primary land uses include commercial farming of the cleared land and sylviculture in the upland wooded areas on the north side of the property. Roads have recently been constructed roads to access managed pine stands and a number of deer stands for hunting. There are approximately 60 acres of forested wetlands along the eastern shoreline abutting Sutton's Creek, well outside of the project area. To the west, along the shoreline of the Perquimans River is Billy's Beach, a residential subdivision, and to the north along Sutton's Creek is a private boat landing and farm land. Two residential subdivisions are located on the opposite shore at the mouth of Sutton's Creek. Vegetation along the shoreline escarpment includes, but is not limited to, loblolly pine (Pinus taeda), tulip poplar (Uriodendron tulipifera) white oak (Quercus alba), bald cypress (Taxodium distichum), black gum (Nyssa sylvatica), groundsel tree (Baccharis halimifolia), red maple (Acer rubrum), sweet gum (Liquidambar styraciflua), carolina jasmine (Gelsemium sempervirens), cat brier (Smilaxrotundifolia), elder (Iva frutescens), common reed (Phragmites australis), switch cane (Arundinaria tecta), poison ivy (Toxicodendron radicans), and a variety of domestic grasses. Submerged aquatic vegetation has been known to inhabit the water bottom near the property in question. Presence of vegetation and density is subject to temperature, salinity and seasonal storm activity. Severe storms such as Hurricanes Isabel, Irene and Sandy over the past ten years, along with an increase in salinity, has resulted in a transition in species and density. Prior to Hurricane Isabel high densities of milfoil could be found along the shallow waters of the Perquimans River. Those densities have not been seen since Hurricane Isabel. According to the application little to no vegetation was found along the shoreline of the subject property. 4 at T. A. Newbold Miller, LLC Field Investigation Report Page 3 � UCEM DEC 10 2013 The water bottom along the applicant's property consists of a fine sand substrate with a gdlitlq~,depths average Tat a distance of 155' offshore. Adjacent piers along the same shoreline vary from 45' to 195' in length. Erosion is evident along the unprotected shoreline of the applicant's property creating a severe erosion escarpment. Numerous cypress trees dot the shoreline along the waters edge, both living and dead. The water body width along applicant's property and the Perquimans River is approximately 1.4 miles, and .2 miles at the mouth of Sutton's Creek. Tides within the Perquimans River are wind driven. The waters of the Perquimans River, adjacent to the applicant's property are classified a "Joint" and are therefore Estuarine Waters. The applicant's property is located within the Old Neck Historic District. According to the application submitted there are three historic sites listed on the applicant's property. However, staff could only verify two sites: Pq 53 and Pq 54 on the Hertford Quadrangle Map. While Pq 53 is very close, neither of the identified sites are within the proposed project area. The project narrative addresses endangered and protected species and notes that the project will not adversely impact any protected flora or fauna. Development Proposal Bulkhead System: The applicant proposes to construct four sections of bulkhead along 6,013' of eroding shoreline along the Perquimans River. The four sections of vinyl u Ihead will tie m o ree existing vinyl bulkheads on the property. With the exception of a small ditch located on the west side of the small 4.75 acre tract, the entire shoreline of the applicant's property abutting the Perquimans River will have vinyl bulkheading. The average alignment of the bulkhead will be no greater that 2' waterward of normal water level (NWL) and will result in the filling of up to 12,026 square feet of shallow bottom. The top of the bulkhead will be constructed at an elevation of 3' above normal water level. Heavy equipment including a bulldozer, backhoe and long reach excavator will be utilized to construct the bulkhead system, place backfill above and below NWL, and contour the shoreline. Proposed Sections of Bulkhead: - Northern section 946' - Short section to tie into the north corner of existing bulkhead on the small 4.57 acre tract adjacent to the drainage ditch 72' - Middle section between the existing bulkhead on the small tract and the bulkhead at the dwelling 3,481' - Southern section 1,514' 6,013' Average alignment not to exceed 2' x 6,013'=12,026sf Shallow Bottom Fill:12,026sf Land Disturbance: According to the application narrative, page 9, and staff calculates the total area of land disturbance anticipated in conjunction with the filling and contouring of the shoreline is between 4.14 and 4.2 acres. It is anticipated that 4,510 cubic yards of fill will be used to backfill the proposed bulkheads. Land Disturbing Activity: 4.2 acres or 183,952sf T T. A. Newbold Miller, LLC Field Investigation Report Page 4 Piers Systems: The applicant proposes to construct a total of five treated wood piers. Each of the four proposed piers will be 131' with a 16' x 24' plafform on the end, a 16'-8" x 24' boathouse with two interior boatlifts (7' x 24') and a 6' x 14'-4" finger pier along the landward side of the boathouse. A third 7' x 24' boatlift will be located on the landward side of the boathouse and finger pier. A fifth pier is proposed and will be located on the east side of the existing dwelling in the same location as a pre-existing pier destroyed by severe storms and wave action over a ten year period. New Piers: The calculations below differ from the area calculations submitted in the application. The difference is a result of the pier lengths and the overlapping of the boathouse roof eaves over the adjacent platforms. According to the application there are 4 new piers being proposed at a length of 155'. The proposed pier is actually 131' long with a 24' long platform on the end, bringing the overall length to 155'. Staff calculations also subtract 32sf from each boathouse (128sf) to account for the boathouse roof eaves that overlap the adjacent platforms. Based on these findings staff calculations show open water shading total 6,495sf (Page 4), not 7,256sf as indicated in the application and narrative. Piers 4(131' x 6') 3,144sf Fingers Piers 4(6' x 14'-4") 344sf Platforms 4(16' x 24') 1,536sf Boathouses 4(16'-8" x 24') 1.600sf-128sf (roof overlappinq the platform) 1,471sf Subtotal: 6,495sf Reconstructed Pier: According to the application the reconstructed pier will be 110' long, and states that the area of the pier and platform will be 900sf; however, the total length of the structure is 110' long, with a 98' pier and 12' x 20' platform. Staff calculations show that the actual area of the pier and platform will be 828sf, not 900sf as indicated in the application. Pier 6' x 98' 588sf (98' pier + 12' platform = 110') Platform 12' x 20' 240sf Subtotal: 828sf New Piers 6,495sf Reconstructed Pier 828sf Open Water Shading: 7,323sf Boatlifts: (Outside of the Proposed Boathouses) 4(7' x 24') = 672sf enclosed by boatlifts Large Tract - shading impacts from docks, finger piers and boathouse 2,755sf Area enclosed by boatlifts = 504sf Subtotal: 3,259sf Small Tract - shading impacts from docks, finger piers and boathouse 836sf Area enclosed by boatlifts = 168sf Subtotal: 1,004sf N I r T. A. Newbold Miller, LLC Field Investigation Report Page 5 Based on the application and narrative submitted, it is anticipated that less than 10sf of submerged aquatic vegetation (SAVs) will be shaded by the proposed piers. Staff is unsure how the applicant arrived at 10sf of impacts given the time of the year that the SAV survey was conducted (September 12, 2013). According to the narrative on Page 5, no vegetation was observed on May 1, 2013, and sparse amounts were found in September. These findings do not agree with staffs observations regarding SAV growth within the Perquimans River. Anticipated Impacts Shading of Open Water = 7,323sf Land Disturbing Activity = 183,952sf Shallow Bottom Fill = 12.026sf Total 203,301sf (4.66 acres) 1) While sparse vegetation was found within the project area in mid September 2013, submerged aquatic vegetation has been found along the shallow waters of the Perquimans River. Some minor impacts are to be expected. 2) Shading of 7,323sf of open water bottom from piers, platforms and boathouses. 3) Construction of the proposed bulkheads will result in reduction in vegetation density and diversity along the existing shoreline. 4) Construction of the proposed bulkheads will include the removal of fallen trees along the shoreline, reducing natural cover and shallow water habitat for finfish. 5) Jetting pilings for the proposed piers will result in temporally suspending sediments in the water. 6) Along the shallow waters of the proposed piers prop wash will cause resuspension of sediments within the water column. 7) The proposed development will permanently disrupt animal populations within the project area. 8) Displacement of 12,026sf of water bottom from fill associated with the construction of the four sections of bulkhead. 9) Land disturbance in association with the proposed bulkheads will be approximately 4.2 acres. Submitted by: Lynn Mathis Date: December 6, 2013 RECENED DEC 10 2013 DCM•AWDCI7Y Dru-mmcnT W, Pat McCrory Governor ALITPI�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director December 6, 2013 Mr. Theodore J. Sampson S.A.M.P.S.O.N. And Company, Inc. 125 Hunters Trail West Elizabeth City, NC 27909 Dear Ted: John E. Skvada, III Secretary The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of T. A. Newbold Miller, LLC for State approval for development of their property located at the terminus of Bundy Road in Perquimans County. It was received on December 3, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 16, 2014. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 3, 2013, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of the proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right- of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. RUMM ,. DEC l U013 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www,ncooastalmanagement.net DCM-MilDCffY An Equal Opportunity \ Affirmative Action Employer Mr. Theodore J. Sampson December 6, 2013 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of Lynn Mathis' field report and/or comments from reviewing agencies. Sincerely, Frank Je nings District Manager, Northeast District FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Lynn Mathis, District Compliance & Enforcement Rep., DCM, Elizabeth City, NC Thomas Miller, T. A. Newbold Miller, LLC, Applicant, Palm Beach, FL \T(1'1'IC176A CAMA PERMIT APPLIES FOR PII��ooJ.EECT,CT : CaN sTRk� R ��. 04 76 e F SA/eIPEG�it,E fC a IA4k, 64 Pi m I J BaATN oMSES_ 03 6ATLiOTS • •o oro aVSk t.T" IA A 'Tails V& COMMENTS ACCEPTED THROUGH / L I3 /4s APPLICANT: �A. I�ENt3•e.D AttLtER, ctc 270 �?uEEn►J Lp NE fAt►n 3EAcN , Ft, 3341O sbl- ago- 440 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: [.yNN M A rA is _ VIM +F C,A S TA #.!jMA WA %`MINT` /A467 u.3. #V"V 17 S. _ELILA%S&-YW c,tr Nc t�9v1 ".Sol -2CRY- 3 gat, cr-T. 03`I �� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director EMAIL MEMORANDUM TO: The Daily Advance Legal Advertisement Section edale alsLadailyadvance.com FROM: Yvonne Carver for Lynn Mathis DATE: December 6, 2013 SUBJECT: Public Notice - T. A. Newbold Miller, LLC ACCOUNT: #2119219, NCDENR/Stadiem John E. Skvarla, III Secretary Please publish the attached Notice in the Wednesday, December 11, 2013 issue of The Perguimans Weekly. 1-14 `76It, palm. 12-1?14Q��c 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. IGriMIT i - in cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECENED 1367 US 17 South, Elizabeth City, NC 27909 DEC 10 2913 Phone: 252-264-3901 1 FAX: 252-264-3723. Internet: www.nccoastalmanagement.net d An Equal Opportunity 1 Affirmative Action Employer ACM -MUD CITY . NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 12/03/13. T. A. Newbold Miller, LLC proposes to bulkhead 4 sections of shoreline totaling 6,013 Ift & construct piers, platforms, boathouses, & boatlifts off Bundy Rd in Perquimans 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 12/31/13, 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 and comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, December 11, 2013 Carver, Yvonne From: Carver, Yvonne Sent: Monday, December 09, 2013 10:03 AM To: 'Pam Lacy' Cc: Sebastian, Melissa; Walker, Michele Subject: FW: Major Public Notice —T. A. Newbold Miller, LLC Attachments: 8279227. pdf Pam, Thank you for your quick response. The proof attached and the cost of $113.00 is hereby approved. *omw 53. IepAl wx NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 231 252-264-3723 (fax) _____________________________________..____________________-____________ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Pam Lacy (mailto:placy@dajlyadvance.com] Sent: Monday, December 09, 2013 9:53 AM To: Carver, Yvonne Cc: edalegals Subject: Re: Major Public Notice — T. A. Newbold Miller, LLC We received you request for legal advertising below. Specific information about this advertisement and your approval follow. Publication dme(s): Wednesday, Dec. 11, 2013 in The Daily Advance: Miller Total cost: 113.00 The cost for this notice can be billed to you company account 2119219 Please respond with you approval before I a.m. today. After that time, we cannot guarantee publication on the date(s) requested. Thank you, and please contact me if I may provide mare information. Pam Lacy Customer Service Representative The Daily Advance, The Chowan Herald and The Perquimans Weekly 252-335-8079 placyl@dailyadyance.com On Dec 9, 2013, at 9:25 AM, edalegals wrote: Begin forwarded message: From: "Carver, Yvonne" <Wonne.caryerLMncdenf.goy Date: December 9, 2013 9:05:54 AM EST To: "edalegals(radailvadvance.com" <edalepalsAdailvadvance com> Subject: Major Public Notice —T. A. Newbold Miller, LLC RECETV,Ep DEC 10 2013 I DCM•Mlib CITY TO: The Daily Advance Legal Advertisement Section edalegals@dailyadvance.com FROM: Yvonne Carver for Lynn Mathis DATE: December 9, 2013 SUBJECT: Public Notice — T. A. Newbold Miller, LLC ACCOUNT: #2119219, NCDENR/Stadiem Please publish the Notice in the Wednesday, December 11, 2013 issue of The Perguimans Weekly OR The Daily Advance (whichever publication is available for Wednesday publishing). - 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. cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File E NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 12/03/13. T. A. Newbold Miller, LLC proposes to bulkhead 4 sections of shoreline totaling 6,013 Ift & construct piers, platforms, boathouses, & boatlifts off Bundy Rd in Perquimans 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 12/31/13, 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 and comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, December 11, 2013 *.onm r3. eww" NC Division of Coastal Management iPCEt . RE= f DEC 10 202 DCM-MHD C1Ty 3 NOTICE OF HUNG OF APPLICATION FOR CAMA MAIOR DEVELOPMENT PERMIT NCOENR 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 12103/13. T. A. New- bold Miller, LLC proposes to bulkhead 4 sections of shoreline totaling 6,013 Ift & construct piers, platforms, boathouses, & boatlifts off Bundy Rd in Perquimans 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 Branton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 12/31113, will be considered in mak- ing the permit decision. Later com- ments will be considered up to the time of permit decision. Project modifica• tion may occur based on review and comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. 12/11 DEC 10 2013 MAJOR PERMIT FEE MATRIX Applicant: T. A. Newbold Miller, LLC 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: 11. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas. I 11. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, or D below applies: Private, non- Elercial development, if $250 100% ($250) 0% ($0) al Water Quality qYdevelopment, cation No. 3490 (See ed can be applied: Public or commercial 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 determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) P1:1 3490 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or iii open water areas: rD,EC 10 2913 mm-ymcay t 4SKA M P,S O.N. and wACHOVIA-BANK; PngfJ4 �� 1 s eczvssa. .''d�11as'-.�P O 0 31 12, Rae F,NC 27622 11?I2 A `'T�;e gm � 125 Hunters Tr. -w., Elizabeth City, NC 27909 Tel: 252-33M949 PAY 'aga�sWr f3r% t=iP pi z, dz j . 1g . ' r MEMO Permit Application .Fee for T.A. Newbold Miller, LLC AVREf e`SECUSRYFEMBESINCLUOEO.OETAILSONBACK 8 AVfHORREI IGNATsp 1100060 58n• i:0 5 3000 2 194 20 2 5 2400 1 3 144u'' f C � I I = £ O ■ Complete Items 1, 2, and 3. Also complete A. Item 4 If Restricted Delivery Is desired ■ Print your name and address on the reverse x so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the from if space permits. 1. Article Addressed to; D. Ca!vin M. and Lela W. Fundy 168 Russell Drive N^D &J 0 Agent ❑ Addressee ecei ad by (Pnnted N N ) C. Date of Delivery r lad d Rom 17 ❑ Yes If YES, ant �d�iivary add w: ❑ No 1 2013 Hertford, NC'27944945U "" ` 3 �I�e ❑ CertleN fi ss Mall 13 R�stered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. ResMcted Pee) ❑ Yes 2. Article Number - .. (nans7er from service label) 7008 1830 0004 2433 6816 PS Fomn 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 1 i— i V"L-, Lf NOV 18 2013 DEC 10 2013 f MI-Milb Cii Y _LIVERY!l - - 1 0 .S.O.N. and Company _LDomestic Mail only; No Insurance Coverage Provided) ' on And Environmental Consulting Services 1 �)7r-'ICIAL USE 1 West, Elizabeth City, North Carolina, 27909 USA Postage It 252 331 2447 - Fax: 866 793 4261 _ - Certified Fee arine.com www.saMpsonmarine.com Relum Receipt Fee ( Postmark (Endorsement Required) Here Restricted De@eery Fee ( (Endorsement Required) OCT 3 0 2013 1 1 Total Postage & Fees .$ 1 - RETURN RECEIPT REQUESTED 1Sent To - Calvin M. and Lela W. Bundy ................ or OS.No. 168 Russell Drive §mre;LrW "'Hertford, NC 27944-9490 .................- October 29, 2013 Calvin M. and Lela W. Bundy 168 Russell Drive Hertford, NC 27944 Rel T. A. Newbold Miller, LLC's waterfront development, at terminus of Bundy Road, Perquimans County, North Carolina Dear Mr. and Mrs. Bundy: Our company has been retained by T. A. Newbold Miller, LLC, riparian neighbor to the property owned by you (Parcel ID 5-0052-0046, PIN 786944-1158) located to the north and south of 170 Bundys Road in Perquimans County, NC. T. A. Newbold Miller, LLC seeks to undertake development on their property otherwise described as Parcel ID 5-0052-0048, PIN 7869-53-0758, which abuts the Perquimans River and Sutton's Creek. T. A. Newbold Miller, LLC has asked us to make application. for the needed permits for their proposed development on their property. The proposed development can be summarized as follows: • Provide shoreline erosion protection along the property fronting on the Perquimans River by construction of bulkhead structures, and • Provide four water access piers with boathouse, boat lift, boat slips and platforms along the Perquimans River. The overall development activities are depicted on the enclosed site drawings. As an adjacent riparian neighbor to the development location, the CAMA Permit process requires that we notify you by Certified Mail of the proposed project. This provides you with the opportunity to advise the NC Division of Coastal Management of whether you have any comments relating to the proposed work. Landowners have 30 days from the date of notification in which to comment. Such comments will be considered by the Department in reaching a final decision on the application. T. A. Newbold Miller, LLC is seeking this Permit to preserve the existing shoreline of this property along the Perquimans River, and to facilitate access to and from the Perquimans River. If you have comments, you can provide those to: NC Division of Coastal Management 1367 U.S. 17 South , RECElVEll Elizabeth City, NC 27909 DEC 10 2013 DCIK-MHD CITY d If you do have comments, or any other questions, we request thatyou 4 comments to the State so that we mayl have the opportunity to further c any of your concerns. ! i Thank you for your kind attention to this matter. Please feel free to con Sincerely, I Ted Sampson Encl: (1) NC Division of Coastal (2) S.A.M.P.S.O.N.and Q NEWBOLD MILLER,: Shoreline Development ement Application: for Drawings No. 06-042 :e Overview, Northern t us, before sending your the project and/or alleviate ;t me if you have any questions.. r Development, MP-1, MP-2, MP-4 )1, Sheets 1, 2, and 3, titled, T. A. .line Development and Southern postage I Cedifled Fee Relum Receipt Fee (Endorsement Required) Restdcled DalFrery Fee (Endorsement Required) Total Postage & Fees '.S.O.N. and Company Q I A_ on And Environmental Consulting Services West, Elizabeth City, North Carolina, 27909 USA 252 331 2447 - Fa>t: 866 793 4261 arine.com www.sampsonmarine.com r Postmark Here 397ro -- V&WT,,b,-a .,r.---•C. Edward Bundy w POBox No. 170 Bundys Road c sere:zi''Hertford. NC 27944-9492 Ivy rarm Heuu. August 2o06 5ee Reverse tar Instructions C. Edward Bundy 170 Bundys Road Hertford, NC 27944 Dear Mr. Bundy: - RETURN RECEIPT REQUESTED Re: T. A. Newbold Miller, LLC's terminus of Bundy Road, Pen Our company has been retained by T. A. Newbold Miller, LLC, rip by you (Parcel ID 5-0052-0046, PIN 7869-44-1158) located to the in Perquimans County, NC. T. A. Newbold Miller, LLC seeks to w otherwise described as Parcel ID 5-0052-0048, PIN 7869-53-0758, Sutton's Creek. T. A. Newbold Miller, LLC has asked us to make f their proposed development on their property. October 29, 2013 mt development, at County, North Carolina neighbor to the property owned and south of 170 Bundys Road Ike development on their property h abuts the Perquimans River and atiorffor the needed permits for The proposed development can be summarized as follows: • Provide shoreline erosion protection along the property fronting on the Perquimans River by construction of bulkhead structures, and • Provide four water access piers with boathouse, boat lift, boat $lips and platforms along the Perquimans River. The overall development activities are depicted on the enclosed site wings. As an adjacent riparian neighbor to the development location, the CAMA Permit process requ les that we notify you by Certified Mail of the proposed project. This provides you with the opportunity tO advise the NC Division of Coastal Management of whether you have any comments relating to the proposed work. Landowners have 30 days from the date of notification in which to comment. Such comm en will be considered by the Department in reaching a final decision on the application. T. A. Newbold Miller, LLC is seeking this Permit to preserve the existing shoreline of this property along the Perquimans River, and to facilitate access to and from the Perquimans River. If you have comments, you can provide those to: NC Division of Coastal Management 1367 U.S. 17 South RECEIVER .t Elizabeth City, NC 27909 DEC 10 2013 1)CM-MHD CITY If you do have comments, or any other questions, we request that you comments to the State so that we may have the opportunity to further any of your concerns. Thank you for your kind attention to this matter. Please feet free Sincerely, RTcdSam Environmental 1 Encl: (1) NC Division of Coastal Management Application for (2) S,A.M.P.S.O.N. and Company Drawings No. 06.042. NEWBOLD MILLER, LLC Site Overview, Northern Shoreline Development r t us, before sending your the project and/or alleviate ct me if you have any questions. • Development, MP-1, MP-2, MP4 Il, Sheets 1, 2, and 3, titled, T. A. line Development and Southern 11/12/2013 18:48 252991Y44T SAMPSON RNIBRPRISES #0041 P.002/002 Division of Coastal Management ` �pAigencv Form For Peml t Applications I s A — lmana� g member for the owner (T. A Newbold Miller, LLC) of the property, located at; do hereby authorize: Theodore J. Sampson of S.AMP.S.O.N. and Company, Inc., and its agents to act as my agent for the purpose of obtaining any needed environmental Permits, including NC Coastal Area Management Act permits, NC Dredge and Fill Act permits, NC DENR permits, US Army Corps of Engineers permits, and/or any local, or county building and environmental permits, that may be needed for the proposed development at the above - indicated property, which entails: (damribe the proposed development jor which permits are being songki) This agency authorization is limited to the specific activities described above, and, unless earlier revoked, will expire on: Mgy 1. 2015. (date on which agencyauthorlrallon expires) (Property Owner Information) "' / ' / r(signbturel — 19o_A-As_A,AJ- / LLEe- (printed name ofUanagingMember) Owner T A Newbold Miller. LLC (Title: officer ojcarp. owner or trustee) November 12, 2013 (date) T. A. Newbold Miller. LLC (Owner) 270 Oueens Lane (Mailing Address) Palm Beach, FL 33480 (City, State, Zip Code) $61-680.0487 (TaiephoneNtanber) NOV 18 2013 iRECE7V6D ' DEC 10 2013 DChtMHDMY This document Presented and filed: 0710512012 03:27.23 PM cola--aaq DEBORAH S. REED, PEROUIMANS COUNTY. NC PI'RQlfl\1:1KS CGU\ I Y L:U'D iR\NSf@R TAX Eetlse Tax b75600 A\IGI\TS 3.�8� WKB BOOK 401 PAGE 753 (3) w�27I IIIIIIIII III IIIIII NORTH CAROLINA GENERAL WARRANTY DEED Excite Tax: S 756.00 Parcel Identifier No.786942.8389 Verified by County on the _ day of 20_ mawBoxto• McCown 6 McColrrt P.A. This msowoeat was prepared by. H. T. Mullen, Jr., Attorney at Law -no lit le search requested nor performed Brief description for the Index: THIS DEED made this nd day of July . 2012 , by and betaxn C. Edward Bundy, ur 170 Bundy Road Hertford, NC 27944 UFANrnn T. A. Newbold Miller, LLC, a NC Limited Liability Company 270 Queens Lane Palm Beach, FL 33480 The designation Grantor and Grantee u used herein shall inchde saidpartiea, their heirs, successors, and assiM and sball inchde smgtdu, plural, masculine, feadnine or neuter u required by context W17NESSETH, that the Granor, for a valuable consideration paidby the Grantee, the receipt ofwhich is hereby scknowledged, her aadby thcuprescnts does grant, bargain, sell and convey unto the Grantee in fee simple, all thatcertamlot orparod ofland sioated to the City of Parkville Township, Perquimans Couoty,North Camlimand rrore particularly described u follows: Please see attached Exhibit A. All or a portion of the property herein conveyed ( ) includes or (x) does not include the primary residence of a Grantor. The property betemabove dewnbed was acquired by Grantor by insmunent recorded in Book 178 page 636 A map showing the above described property is recorded in Plat Book 2 page 61 (2) NC Bar Association Form No. L-3 ® 1976, Revised ® 1977, 2002 Printed by Agreement with (be NC Bar Association— 1991 SoftPm Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 RECEIVED OCT 3 0 2013 RECEIVED. DEC 10 2013 DCM-MUD CITY err♦ -tv r v i .re vvvmvc r v-t , EXHIBIT A Beginning at a point which is located in the centerline ofNCSR 1363 (Billy's Beach Road); thence from said centerline South 29' 00' 00" East 1013.68 feet to a point in the beginning of a 30 foot private right-of-way; thence South 39' 19' 45" 1089.00 feet to a point; thence along a right curve, R=129.772=213.68 feet to a point; thence South 55' 00' 53" West 1237.99 feet to a point; thence South 52' 46' 41" West 708.50 feet to a point; thence North 63' 00' 41" West 38.52 feet to the point and place of beginning of the property conveyed herein; Thence from said beginning point South 40' 05' 19" East 561.45 feet to a set iron pin; thence South 49' 54' 41" West 231.51 feet to a set iron pin; thence South 49' 54' 41" West 5.00 feet to a point in the edge of the shoreline of the Perquimans River, thence along said river North 76' 13' West 115.45 feet to a point; thence continuing along the sore of said river North 40' 24' 35" West 210.20 feet to a point; thence South 45' 00' 00" West 60.00 feet to a point; thence North 44' 41' 18" West 156.38 feet to a point, thence North 13' 12' 18" 94.21 feet to a point; thence North 49' 26' 08" West 37.85 feet to a point; thence North 33' 06' 57" West 6 1. 10 feet to a point; thence North 61' 51' 22 East 88.01 feet along a ditch to a point; thence North 54' 1114711 East 100.73 feet to a point; thence North 78' 0l' 28" East 39.70 feet to a point; thence North 53' 00' 58" East 112.81 feet to a point; thence South 40' 05' 19 East 24.20 feet to the point and place of beginning. Said tract containing 4.57 acres, more or less, as more particularly shown on that certain survey dated February 3, 1997 by Josiah A. Webb, 111, entitled "A Survey and Plat For C. Edward Bundy", said survey is recorded in Plat Cabinet 2, Slide 61, Map 2 of, the Perquimans County Public Registry. See Will File 93-E-108 of the Perquimans County Clerk of Court for chain of title. Together with a 30 foot private right-of-way for ingress, egress and regress to and from the tract conveyed hereinabove and NCSR 1363 (Billy's Beach Road), said right-of- way is more particularly shown on the aforesaid map or plat recorded in Plat Cabinet 2, Slide 61, Map 2 of the Perquimans County Public Registry. Reference is made to Deed dated April 28, 1997 from Rose M. Winslow, widow, to C. Edward Bundy, recorded in Deed Book 178, Page 636 of the Perquimans County Public Registry. ,, ,(::, . Ur\ HV r r V I JJ VVt✓T" VG VY ..LLD the aforesaid lot orparcel of land and all privilcgn and appurtenances thereto belonging to the Grantee ?Gtta . m, And the Grantor covrntnts with the Grantee, that Grantor is seized of the premises to fee simple, has the nght m convey the same in fee simple, that tide is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the tide against the lawfml claims of all persons whomsoever, other than the following exceptions: 1N WITNESS WHEREOF, the Grantor has duly exc"nod the foregoing as of the day and year fast above written. (SEAL) (Entity Name) C. Edward Bundy, unm=ied By Title: State of North Carolina - County of I, the undersigned Notary Public otifflgInd State aforesaid, ecrtify that C. Edward Bundy, unmarried personally appeared before me thin dry and acknowledged the due {��rtion of the fore ing instrument for the purposes therein expressed. Witness my band and Notarial mp staor sal this �t"'� y of jj)� �.('� ,�,., M Commission 1 I i ��\\\\\OeAG,,, HI„/,/S/p ���y—'—�u-� Y ExPires.4 kYJ % �l N07A'q �% Notary Public State of North Carolina - County of A c 1, the ®designed Notary Public of the that personally came before me this day and aclmowl&>�!8 �at••he tld' �\� _ _ of OUNI �$ a North Camlma or wrporatiodlin ited lubjhtycmrpan parmenhip (sWce through the mappliable , and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and dad. W imen my hand and Notarial stamp or scat, this _ day of 20_ My Commission Expires: Notary Public State of North Carolina - County of 4 the tmdersigoed Notary Public of the County and State aforesaid, certify that my band and Notarial stamp or sal, this _ day of My CORSOitfinn Expires: Notary Public The foregoing Certificate(s) of is/are certified robe correct This instrumemtand this catifeate are dulyregiste ed at the date and time and intbeBookasrd Page ahowu not the first page hereof. Register of Deeds for County By: Deputy/Assistant . Register of Deeds NC Bar Associatim Form No. L-3 ® 1976, Revised ® 1977, 2002 Printed by Agreement with the NC Bar Assaistiou— 1991 SoftPro Corporation, 333 E. Sin Forks Rd., Raleigh, NC 27609 e DEC 10 2013 DChf*"CnY This document presented and filed 06/0412012 09:12:16 AM DEBORAH S. REED, PERQUIMANS COUNTY, NC Excise Tax: $0.00 PERQU1MANSCOUNTY BOOK 400 PAGE 584 1 LANDTRANSFERTAX NN IIII uu� U\T $ 402539 PAIDII IIIII�nIIIl�I�I �I� IIII r'y i-;",.l f OCT 3 0 14013 FL: `i Prepared By: Gregory B Cramppton, Nicholas & Crampton PA, PO Box 18237 Raleigh NC 27619 Return To: McCown 6 McCown PA, 300 Sir Walter Raleigh StreetMenteo NC 27954 SPECIAL NON -WARRANTY BANKRUPTCY DEED THIS DEED made the? � day of 2012 between Blue Water Land Development Company, LLC, Chapter I I Reorganized Debtor, United States Bankruptcy Court, Eastern District of North Carolina, Bankruptcy Case No. 08-00842-8-JRL (Grantor) and T. A. 270 Queens Lane Newbold Miller, LLC,1+4a4iA'a{dnb Way, Palm Beach, Florida 33480, Assignee of Henry N. Griffin, (Grantee). WITNESSETH that Grantor by virtue of the power and authority granted by the United States Bankruptcy Code and pursuant to the terms and conditions of the Order Authorizing Debtor to Sell Real Property Free and Clear of Liens at Public Auction, and for Approval of Auction Bid Procedure entered on February 28, 2012, and an Order Approving Ex Parte Motion in Aid of Consummation of Confirmed Plan of Reorganization entered on May 15, 2012, copies of which are attached hereto respectively as Exhibits A and B (collectively, the "Bankruptcy Orders"), and in consideration of the sum of Three Million Three Hundred Thousand and 00/100 Dollars ($3,300,000.00) and other valuable consideration, paid by Grantee, the receipt of which is hereby acknowledged, does hereby grant, convey and release unto the Grantt8EmmolL, DEC 10 2013 ' DCM-MItDCiTY t3K 4UU F U bbb UUUMUZbJ9 its heirs and assigns forever, all of that certain parcel or tract of land described in the attached Exhibit C, which is fully incorporated herein by reference. Together with the appurtenances and also all the estate which Blue Water Land Development Company, LLC had at the time of the filing of its Petition in Bankruptcy in the United States Bankruptcy Court for the Eastern District of North Carolina, in said premises, and also all the estate therein which Grantor has or has power to convey or dispose of, as Chapter 1 I Reorganized Debtor in Bankruptcy. To HAVE AND TO HOLD the premises herein granted to the Grantee, its heirs and assigns forever. The Grantor makes no warranty, express or implied, as to title to the property herein above described or its condition, such conveyance being made on an "as is, where is" basis. As provided and authorized in the Bankruptcy Orders, this conveyance is made free and clear of liens, interests and encumbrances, with the transfer of the liens to the net sale proceeds in their respective order of priority as established by the terms of Grantor's Confirmed Plan of Reorganization, and to any easements and restrictions of record. IN WITNESS WHEREOF THE GRANTOR HAS HERE UNTO SET HIS HAND AND SEAL THIS THE DAY AND YEAR FIRST ABOVE WRITTEN. Michael Lam, Manager Blue Water Land Development Company, LLC, Chapter 11 Reorganized Debtor' United States Bankruptcy Court, Eastern District of North Carolina, Case No. 08-00842-8-JRL I� M 2 tiK 4UU F'(3 bbb UUU44UZbJ9 NORTH CAROLINA TYRRELL COUNTY I, Perry C Beasley , a notary public of the county and state aforesaid, certify that Michael Lam personally came before me this day and acknowledged that he is the Manager of Blue Water Land Development Company, LLC, Chapter 1 I Reorganized Debtor, United States Bankruptcy Court, Eastern District of North Carolina, Bankruptcy Case No. 08-00842-8-JRL, and that by authority granted by the United States Bankruptcy Code, the foregoing instrument was signed by Michael Lam. WITNESS MY HAND AND OFFICIAL SEAL, this31st day of May , 2012, NotAfv Public My Commission Expires: 12-10— 4 PENNY C. WMLEY NOTARY PUBLIC Tyrre" Cowty North CeroW» My Coniston Bq*" Dec.10, 2014 RECE1VEI? DEC 10 2913 ACM-MIM CITY IJK 4UU FJU b6f UUU#41L]11b:39 Case 08-00842-8-JRL Doc 327 Filed 02/28/1 ExH1B1 SO ORDERED. SIGNED this 28 day of February, 2012. UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA GREENVILLE DIVISION IN RE: CHAPTER 11 BLUE WATER LAND DEVELOPMENT CASE NO.08-00842-8-JRL COMPANY, LLC, Debtor. ORDER AUTHORIZING DEBTOR TO SELL REAL PROPERTY FREE AND CLEAR OF LIENS AT PUBLIC AUCTION, AND APPROVING AUCTION BID PROCEDURE This matter came on to be heard upon the Amended Motion for Authority to Sell Real Property Free and Clear of Liens at Public Auction, and for Approval of Auction Bid Procedure ("Auction Sale Motion") filed by the reorganized Debtor in the above -referenced Chapter 11 case ("Debtor"), pursuant to the provisions of Paragraph 7.5 of the Confirmed Plan, § 105 of the Bankruptcy Code, and Rule 6004 of the Federal Rules of Bankruptcy Procedure, seeking the entry of an Order authorizing and approving the public auction sale of Debtor's Perquimans County Real Estate, as that term is defined in Paragraph 1.29 of Debtor's Confirmed Plan of Reorganization, free and clear of liens and encumbrances ,and it appearing that such Auction Sale Motion should be allowed, and that the best interests of the Debtor, its creditors and estate will be served by the allowance of the Auction Sale Motion, and for good cause shown, it is THEREFORE ORDERED, ADJUDGED AND DECREED that the Auction Sale Motion be and hereby is allowed. FURTHER ORDERED that the Debtor be and hereby is authorized to sell at public auction certain real property owned by the Debtor consisting of approximately 586.70 acres of real estate located in Parkville Township, Perquimans County, North Carolina, MAP # 5-0052- 0048, PIN # 7869-83-0540, which site has frontage on the Perquimans River of about 7600 feet and on Sutton's Creek of about 7100 feet, and as more, particularly described in that Warranty Deed recorded on May 10, 2006 in Book 308, Page 424, Perquimans County Registry (the "Perquimans County Real Estate"). t3K 4UU FJU bbb UUU441J!15�Jy Case 08-00842-8-JRL Doc 327 Filed 02/28/12 Entered 02/28/12 11:34:44 Page 2 of 2 FURTHER ORDERED that the Debtor be and hereby is authorized to sell at public auction the Perquimans County Real Estate at public auction sale on April 19, 2012, or as otherwise agreed by Debtor and Fox & Associates Partners, Inc. da Tranzon Fox C'Tranzon Fox") during the week of April 16, 2012, at the location of the Perquimans County Real Estate in Perquimans County, North Carolina, by Tranzon Fox as auctioneer, consistent with the terms of the Tranzon Fox Listing Agreement, which includes a 10% Buyer's Premium procedure and advertising budget. FURTHER ORDERED that the Debtor be and hereby is authorized to sell at public auction the Perquimans County Real Estate, with the transfer of the subject property to be on an "AS IS" basis and by Special Warranty Deed as provided in the Tranzon Fox Listing Agreement, free and clear of liens, interests and encumbrances, with the transfer of the liens to the net sale proceeds in their respective order of priority as established by the terms of the Confirmed Plan, and subject to any easements and restrictions of record not adversely affecting marketability of title. END OF DOCUMENT RECEN.ED DEC 10 2013 DCM-MHDCITY bK 4UU FIIJ bb9 UUU;;4U2bJ9 Case 08-00842-8-JRL SO ORDERED. Doc 333 Filed 05/15P SIGNED this 15 day of May, 2012. 11109 ail EXHIBIT UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA GREENVILLE DIVISION BLUE WATER LAND DEVELOPMENT COMPANY, LLC, Debtor. CHAPTER I I CASE NO.08-00842-8-JRL ORDER APPROVING EXPARTE MOTION IN AID OF CONSUMMATION OF CONFIRMED PLAN OF REORGANIZATION This matter came on to be heard upon the ex Parte Motion in Aid of Consummation of Confirmed Plan of Reorganization ("Motion") filed by the Reorganized Debtor in the above - referenced Chapter 11 case ("Debtor"); pursuant to (i) L 1 U.S.C. § 105, (ii) decretal paragraph 11 of the June 26, 2009 Order Confirming Plan ("To the extent consistent with the terms of 28 U.S C. § 1334, this Court retains jurisdiction over this case with respect to the interpretation and implementation of the terms and conditions of this Order and the Modified Plan.") and (ii) the Retention of Jurisdiction provisions in Article 11 of the Debtor's Chapter 11. Plan of Reorganization, as amended and confirmed (the "Confirmed Plan"), seeking the entry of an Order in aid of consummation of the Plan (i) approving and authorizing the Agreement for Purchase and Sale of Real Property dated April 19, 2012 between Blue Water Land Development Company, LLC, as Seller, and Henry N. Griffin and/or assigns, as Buyer (the "Agreement"), which Agreement resulted from the Public Auction authorized by this Court's February 28, 2012 Order on a free and clear of liens, "as is, where is" basis, and (ii) authorizing and approving (a) auctioneer commission to Tranzon Fox (which is subject to an agreed split with Harrell & Associates, Buyer's qualified, cooperating real estate broker), and (b) reimbursement of out of pocket marketing expenses incurred and advanced by Tranzon Fox, and it appearing that the Motion should be allowed on an ex parse basis, and for good cause shown, it is THEREFORE ORDERED, ADJUDGED AND DECREED that the Motion be and hereby is allowed. IJK 4UU FJ(3 bVU UUUI;4U2bJ9 Case 08-00842-8-JRL Doc 333 Filed 05/15/12 Entered 05/15/12 12:06:34 Page 2 of 2 FURTHER ORDERED that the Agreement for Purchase and Sale of Real Property dated April 19, 2012 between Blue Water Land Development Company, LLC, as Seller, and Henry N. Griffin and/or assigns, as Buyer (the "Agreement"), which Agreement resulted from the Public Auction authorized by this Court's February 28, 2012 Order on a free and clear of liens, "as is, where is" basis, and approving and authorizing the transfer of title to Debtor's Perquimans County Real Estate pursuant to the Agreement is hereby approved and authorized. FURTHER ORDERED that the repayment at Closing to Tranzon Fox of $23,711.30 of out of pocket costs paid by the Auction Firm to third parties for advertising and other costs associated with the auction sale is hereby approved and authorized. FURTHER ORDERED that the payment of Auctioneer commission at Closing in the amount of $149,000.00 to Tanzon Fox, as calculated on the collected Purchase Price (which commission is subject to an agreed split with Harrell & Associates, Buyer's qualified, cooperating real estate broker) is hereby approved and authorized. END OF DOCUMENT RECEMD DEC 10 2013 DMMffDC1Ty bK 4UU NV b9l L)UU?F4U1b39 EXHIBIT C Real Property consisting of approximately 586.70 acres located in Parkville Township, Perquimans County, North Carolina, MAP 95-0052-0048, PIN #7869-83-0540, as more particularly described in that Warranty Deed recorded on May 10, 2006 in Book 308, Page 424, Perquimans County Registry: BEGINNING AT A POINT MARKED BY A SET PK NAIL AT THE TERMINUS OF THE CENTERLINE OF NC STATE ROAD 1301 (BUNDY'S ROAD 60 FT/ R/W) WHICH POINT OF BEGINNING IS FURTHER LOCATED THE FOLLOWING COURSE AND DISTANCE FROM A SET PK NAIL AT THE POINT OF INTERSECTION OF CENTERLINE OF NC STATE ROAD 1363 (BILLY'S BEACH ROAD) AND THE CENTERLINE OF NC STATE ROAD 1301 (BUNDY'S ROAD): SOUTH 43° 18' 50" EAST 1,002.81 FEET AS MEASURED ALONG THE CENTERLINE OF NC STATE ROAD 1301 TO SAID SET PK NAIL AT THE TERMINUS OF THE CENTERLINE OF NC STATE ROAD 1301 AND BEING THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING AND SET PK NAIL NORTH 460 05' 00" EAST 30.00 FEET TO A POINT MARKED BY A SET IRON PIN AT THE TERMINUS OF THE NORTH.RIGHT OF WAY MARGIN OF NC STATE ROAD 1301; THENCE FROM SAID POINT AND IRON PIN NORTH 460 15' 00" EAST 1,942.00 FEET ALONG THE PROPERTY NOW OR FORMERLY BELONGING TO CALVIN M. BUNDY (DEED BOOK 46, PAGE I AND DEED BOOK 46, PAGE 3A) TO A POINT MARKED BY A SET IRON PIN; THENCE CORNERING, AND FROM SAID POINT AND SET IRON PIN THE FOLLOWING COURSES AND DISTANCES ALONG THE PROPERTY NOW OR FORMERLY BELONGING TO CALVIN M. BUNDY (DEED BOOK 46, PAGE 4 AND DEED BOOK 46 PAGE 14)" SOUTH 680 00' 00" EAST 1,428.79 FEET TO A POINT MARKED BY A SET IRON PIN; THENCE FROM SAID POINT AND SET IRON PIN SOUTH 680 00' 00" EAST 1,155.17 FEET TO A POINT MARKED BY A SET IRON PIN; THENCE FROM SAID POINT AND SET IRON PIN SOUTH 680 00' 00" EAST, 590.52 FEET TO A POINT MARKED BY A SET IRON PIN; THENCE FROM SAID POINT AND SET IRON PIN SOUTH 680 00' 00" EAST 252.73 FEET TO A POINT MARKED BY A SET IRON PIPE IN THE WESTERN SHORELINE OF SUTTON'S CREEK; THENCE CORNERING, AND FROM SAID SET IRON PIN THE FOLLOWING COURSES AND DISTANCES ALONG THE WEST SHORELINE OF SUTTON'S CREEK TO ITS MOUTH AND THE PERQUIMANS RIVER; SOUTH 28' 15' 22" EAST, 79.93 FEET, SOUTH 07° 44' 08" EAST, 112.99 FEET; SOUTH 46' 37' 55" WEST, 150.83 FEET, SOUTH 32' 36' 23" WEST, 93.50 FEET; NORTH 76' 36' 54" EAST, 158.91 FEET; SOUTH 11' 45' 24" EAST, 81.42 FEET; NORTH 800 38' 50" EAST, 115.03 FEET; SOUTH 40' 18' 52" EAST, 87.42 FEET; SOUTH 200 27' 26" WEST, 291.10 FEET; SOUTH.33° 24' 40" WEST, 209.00 FEET; SOUTH 311 28' 33" EAST, 122.95 FEET, SOUTH 49° 47' 28" EAST, 240.16 FEET; SOUTH 08° 24' 45" WEST, 168.53 FEET; SOUTH 19° 15' 35" EAST, 152.98 FEET; SOUTH 17° 29' 07" WEST, 136.55 FEET; SOUTH 120 33' 53" EAST, 75.65 FEET; SOUTH 11 ° 42' 39" WEST, 107.66 FEET; SOUTH 20° 40' 03" WEST, 152.00 FEET; SOUTH 05° 32' 49" WEST, 97.06 FEET; SOUTH 040 44' 38" EAST, 213.64 FEET; SOUTH 06' 38' 01" WEST, 325.69 FEET; SOUTH 310 45' 14" WET, 156.86 FEET; SOUTH 74° 41' 51" WEST, 258.60 FEET; SOUTH 50116' 48" WEST; 218.16 FEET; SOUTH 26° 41' 23" WEST, 208.13 FEET; SOUTH 51' 57' 18" WEST, 69.38 FEET; SOUTH 10° 13' 38" WEST, 79.17 FEET; SOUTH 58° 46' 16" WEST, 159.35 FEET; SOUTH 26° 21' 22" WEST, 361.22 FEET; SOUTH 12° 25' 04" WEST, 333.69 FEET; br\ 4UU IJU by)2 UU(X4U1!)Jy SOUTH Ol" 14' 30" WEST, 94.77 FEET; SOUTH 10° 38' 30" WEST, 158.66 FEET; SOUTH 17" 45' 07" EAST, 211.68 FEET; SOUTH 00" 21' 27" EAST, 208.30 FEET; SOUTH 16° 42' 14" WEST, 235.00 FEET; SOUTH 41° 07' 33" WEST, 558.01 FEET; SOUTH 29° 27' 24" WEST, 89.29 FEET; THENCE FROM SAID POINT IN THE WEST SHORELINE OF SUTTONS CREEK AT ITS MOUTH AND ALONG THE NORTH SHORELINE OF THE PERQUIMANS RIVER THE FOLLOWING COURSES AND DISTANCES: SOUTH 56" 23' 03" WEST, 114.22 FEET; NORTH 830 51' 20" WEST, 113.30 FEET; SOUTH 49° 53' 51" WEST, 42.70 FEET; NORTH, 79° 00' 06" WEST, 49.64 FEET; SOUTH 74° 13' 02" WEST, 158.50 FEET; SOUTH 230 24' 27" WEST, 60.62 FEET; SOUTH 330 51' 44" WEST, 25.46 FEET; NORTH 53° 35' 42" WEST, 56.96 FEET; NORTH 080 49' 29" EAST, 53.30 FEET; NORTH 520 01' 43" WEST, 66.88 FEET; SOUTH 71° 30' 22" WEST, 28.56 FEET; NORTH 21° 32' 17" WEST, 26.70 FEET; NORTH 660 18' 47" WEST, 120.21 FEET; SOUTH 86" 18' 31" WEST, 178.80 FEET; NORTH 31° 05' 15" WEST, 51.59 FEET, NORTH 43° 54' 12" WEST, 127.21 FEET; NORTH 790 56' 27" WEST, 61.04 FEET, NORTH 240 IT 27" WEST, 70.93 FEET; NORTH 58" 49' 45" WEST, 97.88 FEET; NORTH 810 IT 16" WEST, 175.64 FEET; SOUTH 87° 02' 38" WEST, 108.64 FEET; SOUTH 13° 25' 05" WEST, 14.15 FEET; NORTH 79° 58' 01" WEST, 20.12 FEET; SOUTH 82° 18' 52" WEST, 39.71 FEET; SOUTH 77° 1 F I I" WEST, 58.42 FEET; SOUTH 5601731" WEST, 68.56 FEET; NORTH 74° 10' 59" WEST, 69.95 FEET; SOUTH 600 5T 10" WEST, 25.90 FEET; NORTH 670 54' 19" WEST, 22.99 FEET; NORTH 220 11' 51" EAST, 34.93 FEET; NORTH 05" 59' 29" EAST, 41.33 FEET; NORTH Ol" 54' 11" EAST, 40.16 FEET; NORTH 09° 00' 07" WEST, 101.73 FEET; NORTH 40° 01' 32" EAST, 13.94 FEET; NORTH 70° 30' 03" EAST, 15.27 FEET; NORTH 19" 59' 21" WEST, 165.30 FEET; NORTH 41 ° 29' 05" WEST, 86.64 FEET; NORTH 16° 45' 21" WEST, 81.14 FEET; NORTH 56° 04' 25" WEST, 57.80 FEET; NORTH 14° 06' 17" WEST, 69.11 FEET; NORTH 34° 56' 46" WEST, 150.86 FEET; NORTH 44° 01' 33" WEST, 170.74 FEET; NORTH 25" 52' 52" WEST, 280.05 FEET; NORTH 39" 15' 37" WEST, 416.75 FEET; NORTH 510 46' 01" WEST, 243.28 FEET; NORTH 26° 33' 14" WEST, 206.69 FEET; NORTH 620 28' 42" WEST, 380.86 FEET; NORTH 43' 54' 54" WEST, 188.78 FEET; NORTH 77" 21' 21" WEST, 151.35 FEET; NORTH 27° 24' 00" WEST, 165.89 FEET; NORTH 53° 22' 19" WEST, 46.18 FEET; THENCE CORNERING AND LEAVING THE NORTH SHORELINE OF THE PERQUIMANS RIVER NORTH 450 45' 42" EAST, 236.51 FEET ALONG THE PROPERTY NOE OR FORMERLY BELONGING TO C. EDWARD BUNDY (DEED BOOK 178, PAGE 636 AND PLAT CABINET 2, SLIDE 61, MAP 2) TO A POINT; THENCE CORNERING AND FROM SAID POINT NORTH 440 14' 18" WEST, 585.65 FEET ALONG THE SAID PROPERTY OF C. EDWARD BUNDY TO A POINT; THENCE CORNERING AND FROM SAID POINT THE FOLLOWING COURSES AND DISTANCES ALONG A DITCH AND THE SAID PROPERTY OF C. EDWARD BUNDY TO THE NORTH SHORELINE OF THE PERQUIMANS RIVER" SOUTH 48" 51' 59" WEST, 112.81 FEET; SOUTH 730 52' 29" WEST, 39.70 FEET; SOUTH 500 02' 48" WEST, 100.73 FEET; SOUTH 57" 4T 23" WEST, 88.01 FEET; SOUTH 40 " 40' 32" WEST, 132.19 FEET TO A POINT IN THE NORTH SHORELINE OF THE PERQUIMANS RIVER; THENCE CORNERING AND LEAVING SAID DITCH THE FOLLOWING COURSES AND DISTANCES ALONG THE NORTH SHORELINE OF THE PERQUIMANS RIVER; NORTH 19" 14' 48" WEST, 46.87 FEET; NORTH 410 05' 08" EAST, 42.82 FEET; NORTH 35° 05' 04" WEST, 215.42 FEET; NORTH 74" 53' 32" WEST, 199.43 FEET; NORTH 30° 54' 52" WEST, 54.20 FEET; NORTH 71° 06' 18" WEST, 110.81 FEET; NORTH 46° 20' 51" WEST, 222.64 FEET; THENCER1It>E 2 F DEC 10 2013 lX?4-Mm crrY bK 4UU F'6bye UUU;T4U1b;J9 AND LEAVING THE NORTH SHORELINE OF THE PERQUWANS RIVER NORTH 48° 45' 27" EAST, 236.96 FEET ALONG THE PROPERTY NOW OR FORMERLY BELONGING TO CALVIN M. BUNDY (DEED BOOK 278, PAGE 407) TO A POINT MARKED BY A SET IRON PIN; THENCE FROM SAID POINT AND SET IRON PIN NORTH 580 59' 33" WEST, 217.49 FEET ALONG THE SAID PROPERTY OF CALVIN M. BUNDY TO A POINT MARKED BY A FOUND IRON PIN; THENCE FROM SAID POINT AND FOUND IRON PIN NORTH 460 05' 00" EAST, 2,413.43 FEET ALONG THE PROPERTY NOW OR FORMERLY BELONGING TO CALVIN M. BUNDY (DEED BOOK 46, PAGE 1 AND DEED BOOK 46, PAGE 3A) AND THE PROPERTY NOW OR FORMERLY BELONGING TO C. EDWARD BUNDY (DEED BOOK 109, PAGE 840) TO A POINT MARKED BY A SET IRON PIN AT THE TERMINUS OF THE SOUTH RIGHT OF WAY MARGIN OF NC STATE ROAD 1301 (BUNDY'S ROAD 60' R/W); THENCE FROM SAID POINT AND SET IRON PIN NORTH 460 05' 00" EAST, 30.00 FEET TO THE SET PK NAIL AT THE TERMINUS OF THE CENTERLINE OF NC STATE ROAD 1301 AND THE POINT OF BEGINNING. SAME BEING THE PROPERTY SHOWN ON A SURVEY AND PLAT FOR BLUEWATER LAND DEVELOPMENT COMPANY, LLC (ROSE M. WINSLOW TRACT), PARKVILLE TOWNSHIP, PERQUIMANS COUNTY, NC DATED MARCH 21, 2006, PREPARED BY JOSIAH A. WEBB, III, PLS (267.59 ACRES CLEARED LAND; 319.11 ACRES WOODED LAND; 586.70 ACRES TOTAL LAND) DULY FILED FOR RECORD IN PLAT CABINET 2, SLIDE 147, MAP 3, INCORPORATED HEREIN BY REFERENCE FOR FURTHER LOCATED AND DESCRIPTION. FOR PRIOR CHAIN OF TITLE AND FURTHER DESCRIPTION, SEE DEEDS IN BOOK 46 AT PAGE 14 (TRACTS ONE AND TWO) AND AT PAGE 419 (TRACT ONE) AND THE DULY PROBATED WILL OF EDWARD LEIGH WINSLOW, JR. OF RECORD IN FILE 93-E-108 OF THE CLERK'S OFFICE OF PERQUIMANS COUNTY SUPERIOR COURT. THIS CONVEYANCE IS SUBJECT.TO THE 30' PRIVATE RIGHT OF WAY TO THE C. EDWARD BUNDY LOT AS SHOWN ON THE PLAT. ALL DEED AND PLAT REFERENCES ARE TO THE PERQUIMANS COUNTY PUBLIC REGISTRY AND THE OFFICE OF THE PERQUIMANS COUNTY REGISTER OF DEEDS. OW .14 ROY COOPER Govemor Kc. MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Coastal Management Dimcmr ENVIRONMENTAL QUALITY August 24, 2017 DECEIVED Theodore Sampson 125 Hunters Trail West AUG 2 S 2017 Elizabeth City, North Carolina 27909 Re: T. A. Newbold Miller CAMA Major Permit #26-14 DC M- M H D CITY Major Modification Dear Mr. Sampson: This letter acknowledges my receipt of your application on August 21, 2017, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted and has revealed certain issues and deficiencies that must be addressed before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of the requested changes to facilitate my review. I am retaining the application and plans so that I may continue working on the development proposal and expedite your request, but will need the following revisions and items to accept the application as complete for a full review. 1) The narrative submitted while comprehensive presents several aspects of previously approved development a "proposed". For the purpose of this request, please address only changes being proposed. All reference(s) to previously permitted development should be as such "Permitted Development", "Approved Development" or "Previously Approved Development" to avoid confusion. 2) Please note in the narrative the overall impacts of the proposed changes from what was approved and what is being proposed. Such as the reduced area of fill below normal water level and the increased area of land disturbance, if any. Please give the overall change in impacts. 3) Sheet 1 of 17 has notes that are not readable, please increase font for readability. 4) Please omit the following drawings: Sheets 13 of 17 through 16 of 17. These drawings are specifications for development that has been approved and for which drawings were submitted at the time of the initial CAMA Major Permit Application review. 5) Please revise drawings as needed to reflect proposed changes as "proposed" and existing approved structures as "Permitted Development", "Approved Development" or "Previously Approved Development". 6) Revise MP-1: 5. d. List only proposed development not previously approved development. 7) Revise MP-2: 3. Shoreline Stabilization. List only proposed riprap and note the impacts of the riprap if any. Do not include previously approved structures or impacts. "-!-' Nothing Compares StaW of North CMEM I FnwroemesW Q"itY I Coe,tyl Management 401 S. Grifrm St., Ste 3001 Dizebeth City, NC 27909 252-2iZ39011252-331-2951[W s . e Theodore Sampson August 24, 2017 Page 2 of 2 8) Form MP-4: Not required. All development listed has been approved. 9) Please submit and Agent Authorization Form authorizing you to submit an application for T. A. Newbold Miller, LLC. 10) Please submit an application fee in the amount of $250.00, made payable to the NC Department of Environmental Quality (NCDEQ). 11) Please submit the Green Signature Cards (Return Receipt Required) upon receiving them from the Postal Service. This is not required to process the request, but must be received prior to a permit modification. Given the extent of the changes being requested a Major Modification is required; however, only the proposed changes should be addressed in the narrative, application and plans. To avoid any confusion of what has been approved and what is being proposed limit the information to: 1) changes to the approve plan of development, 2) the resulting changes to overall impacts of what was approved and what is being proposed, and, 3) note approved development that has not been constructed to date. To expedite our response to your permitting request, I have begun processing the application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. I am also sending a copy of this letter to you by e-mail to expedite the review process. Please do not hesitate to contact me at our Elizabeth City office (252-264-3901) if you have any questions regarding this letter or the permitting process. Sincerely, ,z7j L _k,4� Lynn W. Mathis Field Specialist Division of Coastal Management cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Thomas Miller, Applicant RECEIVERAJOR PERMIT FEE MATRIX AU6 2 S ""Applicant: —7 A. 1E:Krr'.ccn mu'LtE7c, Au i5 r Z11 Zv/( Selection Development Type Fee DCM % (143001601 435100093 1625 6253) DWQ % (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 o en water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: ❑ Major Modification to a $250 100% ($250) 0% ($0) CAMA Major Dermit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: 111(B). Public or commercial development, R General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: lll(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a uatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: IV. For development that El involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: 4 j aI A a s3 � • — • — • — SHORELINE(NWL)-GPS 05N12013 ••.•• • SHORELINE(NWL)-WEBB SURVEY 0/212008 EXISTING BULKHEAD PROPOSED BULKHEAD (NWL) DISTURBANCE FOR BULKHEAD BACKFILL LOT190UNDARY LINE EXISTING — — • — — • W CAMA PUBLIC TRUST SHORELINE AEC 75 CAMA ESTUARINE SHORELINE AEC SWAMP FOREST APPROX. LANDWARD EDGE TREELINE © POWERPOLE Q USGSMONUMENT RCCEI°v'ED i� DEC 3 2013 COASTAL 6^ANA.Grl`;1ENT GLnp � ^IT0 1) Drawings derived from a survey of Josiah A. Webb, III, L-2989, signed on March 21, 2006, and from Information available from the Perquimans County GIS, NCDENR's NCCREWS data, and from GPS data points of the shoreline collected on 5/112013. 2) Drawing is for permitting purposes only and not construction. 3) Copyright 0 2013 SA.M.P.S.O.N. & Go., Inc. All rights reserved. This material is the property of S.A.M.P.S.O.N. & Co., Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distributed, or altered in any fashion by any entity, without the express written consent of S.A.M.P.S.O.N. & Co., Inc. Written consent is hereby granted to T. A. Newbold Miller, LLC. Written consent is herby granted to NC DCM, NC DENR, and the US ACOE for Permit processing purposes. 1131040 1 1 Mods in Resoonse to DCM Initial Review 1 11117/2013 1 PESTAMP S.A.M.P.SO.N.and C"Pally f, 125 Hunters Tnll Wee! T. A. NEWBOLD MILLER, LLC E PROTECTION & PIER DEVELOPMENT x T. A. NEWBOLD MILLER, LLC NORTH SHORELINE DEVELOPMENT $ SCALE: As Indicated DRAWING NO.: Ggl DRAWN: itg TS 06 - 042413 - 001 rRm CHECKED: SHEET 2OF11 DATE: 09119113 ul PROJECTNO.:06 •042413 m I I I I O � i I LAJ `r I I� I I I I I I I I � I I I I I 1 I . 1 1 I I I I b Nf 8` 81 �1 sL • . • . • . SHORELINE(NWL}GPS 05I01/2013 • • . • • • SHORELINE(NWL)-WEBS SURVEYO/2112008 EXISTING BULKHEAD PROPOSEDBULKHEAD(NWL) DISTURBANCE FOR BULKHEAD BACKFILL LOTIBOUNDARY LINE EXISTING UNPAVED ROADWAYIDRIVE WAY •--• 30'CAMA PUBLIC TRUST SHORELINE AEC 75'CAMA ESTUARINE SHORELINE AEC SWAMPFOREST ra.:M r.,:n:ae:rr,.yr APPROX. LANDWARD EDGE TREEUNE OPOWERPOLE Q USGS MONUMENT DEC 3 2013 it r(_r.., UMWings OOnVeO Ram a survey or JOSIan A. Webb, III, L-2989, signed on March 21, 20D6. and from Information available from the Perquanans County GIS, NCDENR's NCCREWS data, and from GPS data points of the shoreline collected on 511/2013. Drawing is for permitting purposes only and not construction. Copyright ® 2013 S.A.M.P.S.O.N. & Co., Inc. All rights reserved. This material is the property of S.A.M.P.S.O.N. & Co., Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distributed, or altered in any fashion by any entity without the express written consent of S.A.M.P.S.O.N. & Co., Inc. Written consent is hereby granted to T. A. Newbold Miller, LLC. Written consent is herby granted to NC DCM, NC DENR, and the US ACOE for Permit processing purposes. R141 I 1 H1ods In Response W DCM Initial Review 11117/2013 2 ods to Response to DCM Review 11/28/2013 PESTAMP SA.M.P.S.O.N.and Company milf 1; NYrkto Trall Watt EllselMh CI , NC 279M PROJECT TITLE: T. A. NEWBOLD MILLER, LLC SHORELINE PROTECTION & PIER DEVELOPMENT T. A. NEWBOLD MILLER, LLC NORTH -CENTRAL SHORELINE DEVELOPMENT \ 1 I \ I / I � TS 06 - 042413 - 001 SHEET 3 OF 11 09/19/13 06-042413 `� �0 U I W L I _ i I Y8 hR x &ate Q n €� o qj Naa�,ga ggmNna� 4 3<w Nm P M b ID • . • . • . SHORELINE(NWL)-GPS 0510112013 �— • • • • SHORELINE(NWL)-WEBS SURVEY 0012006 EXISTING BULKHEAD �— PROPOSED BULKHEAD(NWL) \\\��������������MOM DISTURBANCE FOR BULKHEAD BACKFILL LOTIBOUNDARY LINE EXISTING UNPAVED ROADWAYIDRIVE WAY — — • — — • 30' CAMA PUBLIC TRUST SHORELINE AEC 76 CAMA ESTUARINE SHORELINE AEC I( SWAMPFOREST APPROX. LANDWARD EDGE TREELNE (V POWERPOLE Q USGS MONUMENT 1) Drawings derived from a survey of Josiah A. Webb, 111. L-2989, signed on March 21, 2006, and from information available from the Perqulmans County GIS, NCDENR's NCCREWS data, and from GPS data points of the shoreline collected on 5/112013. 2) Drawing Is for permitting purposes only and not construction. 3) Copyright ® 2013 S.A.M.P.S.O.N. & Co., Inc. All rights reserved. This material is the property of S.A.M.P.S.O.N. & Co., Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distributed, or altered In any fashion by any entity without the express written Consent of S.A.M.P.S.O.N. & Co., Inc. Written consent is hereby granted to T. A. Newbold Miller, LLC. Written Consent Is herby granted to NC DCM, NC DENR, and the US ACOE for Permit processing purposes. 1 - pnotls in Response to DCM Inttial Revlaw 11/17/2013 2 ods In Response to DCM ReNew 11I2612013 STAMP S,A.M.P.S.O.N.and Cantpany IJLWWF— Ir 125 HurKem Trail Wea T. A. NEWBOLD MILLER, LLC E PROTECTION & PIER DEVE T. A. NEWBOLD MILLER, LLC SOUTH-CENTRAL SHORELINE DEVELOPMENT :ALE: As Indicated DRAWING NO.: 09/19/13 1 _ nA7A 06-042413-001 SHEET 4 OF 11 _M O N O VLLI Q c t1! 'gw8 .w€€$ll� i sN q� HIM — • — • — • — SHORELINE(NWL}GPS 05101/2013 g • • �— • • — • SHORELINE(NWL)-WEBB SURVEY02112006 N EXISTING BULKHEAD -- PROPOSED BULKHEAD(NWL) DISTURBANCE FOR BULKHEAD BACKFILL LOT/BOUNDARY LINE EXISTING UNPAVED ROADWAY/DWVEWAY • W CAMA PUBLIC TRUST SHORELINE AEC 75- CAMA ESTUARINE SHORELINE AEC SWAMP FOREST M m nrs APPROX. LANDWARD EDGE TREELINE a 8 n a ;, © POWERPOLE Q USGS MONUMENT Urawings derived from a survey of Josiah A. Webb, III, L-2989, signed on March 21, 2006, and from Information available from the Percluimans County GIS, NCDENR's NCCREWS data, and from GPS data points of the shoreline collected on 51112013. Drawing is for permitting purposes only and not construction. Copyright ® 2013 S.A.M.P.SA.N. & Co., Inc. All rights reserved. This material is the property of S.A.M.P.S.O.N. & Co., Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distributed, or altered in any fashion by any entity without the express written consent of S.A.M.P.S.O.N. & Co., Inc. Written consent is hereby granted to T. A. Newbold Miller, LLC. Written consent is herby granted to NC DCM, NC DENR, and the US ACOE for Permit processing purposes. S,A.M,PS.O,N, anti Company T. A. NEWBOLD MILLER, LLC E PROTECTION & PIER DEVELOPMENT T. A. NEWBOLD MILLER, LLC SOUTH SHORELINE DEVELOPMENT WA �"Alz. 09/19/13 1 06-042413-001 SHEET 5 OF 11 J o C c to m a UQ00 F O 0 = � LL m m o W G m X X m10"' N N q IT I! t I v RECUIVED co w DEC 10 2013 G {I cm L-- DCM-MHD CITY 1) Drawing is for pemiit0ng purposes only and not construction. Must not be used for construction without PE Stamp affixed. 2) Copyright 2013 SA.M.P.S.O.N.& Co., Inc. All rights reserved. This material is the property of S.A.M.P.S.O.N. & Co., Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distributed, or altered in any fashion by any entity without the express written consent of S.A.M.P.S.O.N. & Co., Inc. Written consent is hereby granted to T. A Newbold Miller, LLC. Written consent is herby granted to NC DCM, NC DENR, and the US ACOE for Permit processing purposes. m I PESTAW S.A.M.P.SO.N.oWCompany � I m I 1 % (r 1 ta5 Huneera Trail Went Elizabeth C , NC 27909 � L '.:;. to lu _____— -- __ ______ _ — - __ __ __ ___ _ `" ____ PROJECT TITLE: T.A. NEWBOLD MILLER, LLC 6 HORELINE PROTECTION & PIER DEVELOPME� am E If 0 a m p m 10 § DRAWING TITLE: ? E x T.A. NEWBOLD MILLER, LLC X o fV ik t0 N l' 7� O L I 2 n BOATHOUSE DETAILS X 2 X l0 O N w q 1 Q SCALE: As Indicated DRAWING NO.: Z DRAWN: TS - - 001 CHECKED: S HEET 6 0F11 DATE: 10/25/13 IPROJECT NO.: 06 -D42413 With Nor Typical Pier Sections PIER DETAILS SCALE: 1 " 6' RECEIVED DEC 10 2013 Dcm-tam Crri• 1) Drawing is for permitting purposes only and not construction. Must not be used for construction without PE Stamp of -ad. 2) Copyright ® 2013 SA.M.P.S.O.N. & Co., Inc. All rights reserved. This material is the property of S.A.M.P.S.O.N. & Co., Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distributed, or altered in any fashion by any entity without the express written consent of SA.M.P.S.O.N. & Co., Inc. Writtem consent is hereby granted to T. A. Newbold Miller, LLC. Written consent is herby granted to NC DCM, NC DENR, and the US ACOE for Permit processing Purposes. NO 1 REVISION DilE 1 Mods in Response to DCM Initial Review 11/17t2013 12 1 Add Scale in Response to DCM Review 1 11/26/2013 PESTAMP &A.M3,SO.N.aeACompaay toe H Wh CRY, Troll 7 Ellzffi, NC aT80e PROJECT TITLE: j T. A. NEWBOLD MILLER, LLC I SHORELINE PROTECTION & PIER DEVELOPMENTI DRAWING TITLE: T. A. NEWBOLD MILLER, LLC PIER DETAILS i TS 06-042413-001 SHEET 7 OF 11 1012&13 06-042413 LEGEND/KEY t I I IRECMM s` o DEC 10 2013 m U DCKNNHD�I Y I cm - c � d m J � E r^ ! o Z ON W LL , - m !�I CD GENERALNOTES Q � E � 1) Drawing is for permitting purposes only and not consWctioi-•. b Must not be used for construction without PE Stamp affixed. Inc. All rights - m 2) Copyright 02013 SA.M.P.S.O.N. & Co., m o 1 O reserved. This material is the property of SAM.P.S.0.N. S Co., Inc., and is protected by the copyright laws of the United CO �T _J States and other countries. It may not be reproduced, distributed, or altered in any fashion by any entity without the express written consent of S.A.M.P-S.O.N. & Co., Inc. Writer, consent is hereby granted to T. A. Newbold Miller, LLC. Written consent is herby granted to NC DCM, NC DIE and the US ACOE for Permit processing purposes. a NO REVISION DATE 1 1 Mods in Response to DCM Initial Review 111172013 ! 2 Add Scale in Response to DCM Review 11262013 i i i N PESTAMP &AMY.&O.N.aadCompeay t -p m « m J (7 Y O m m N ~~ N L N LL 1A m .O m V m . C c U ,., 0 20 C 7 �. {p O O X > _iBN N m -mj �LL x fN x Z N m 2 3 125 Hunters Traa Weet m a m x Erriebeth CRY, NC 279M PROJECT TITLE: N d F N 'd - m ro rn a N x x rn T. A. NEWBOLD MILLER, LLC 3 N N ihSHORELINE PROTECTION & PIER DEVELOPMENT DRAWING TITLE: T. A. NEWBOLD MILLER, LLC NEW PLATFORM DETAILS SCALE: As Indicated DRAWINGNO.: DRAWN: TS 06 - 042413 - 001 !CHECKED: SHEET 8 OF 11 (DATE: 1025/13 ;PROJECT NO, 06 - 042413 nn m� uu m uei iixi inri im r.ci i�i■I■i�i■I■IIIII■IIII■i�! r c� 1 ■ ■IIIII■ ■[IIII■II��■ 1 �I■ ■IIIII■ ■III■ I�lNI■II � ■ �IIIII�I■IIIIII■II�I�IIN�II. II ■ 111►� ■IIIIII■IIN�II���NIIII _7 IA!�1 �h!�■If !AID■III�������Ii�! n T (L IIfY r �,.V i n'�II dill rr r rr Ir _ 1 i �.I�IIII� ■ I I � I�'���' I.L III► � I I I� I�CIM��wIIII " N m j d O m N V (0 Z x x do Zv ro m x n x (V iv I REC m � w DEC 10 2013 ! DCM-MHDCPfY I iI I ji t CO 3 GENERALNOTES 1) Drawing is for permitting purposes only and not construction. 1 Must not be used for construction without PE Stamp affixed. 1 LLl 2) Copyright® 2013 SA.M.P.S.O.N. & Co., Inc. All rights J reserved. This material is the property, of S.A.M. P.S.O.N. & Q Co., Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, U distributed, or altered in any fashion by any entity without the (n express written consent of S.AM.P.S.O.N. & Co., Inc. Writaen� consent is hereby granted to T. A. Newbold Miller, LLC. Written consent is herby granted to NC DCM, NC DENR, and the US ACOE for Permit processing purposes. I NO REVISION DATE 1 Provide Reconstruction Sections 11126/201 -+ PESTAW &AXPS.OA.andCoopaap 1 1 Its Nurt.r. rr.e w..t f EII2aCaNr C , NC 2122 PROTECT TITLE: T. A. NEWBOLD MILLER, LLC SHORELINE PROTECTION & PIER DEVELOPMENT` DRAWING TITLE T. A. NEWBOLD MILLER, LLC { RECONSTRUCTED PLATFORM DETAILS I 06-042413-001 t SHEET 9 OF 11 10/25/13 06 - 042413 I LEGEND/KEY o WEIVED x x a a�i " ; , I C ;_ 4 DEC 10 2013 1 L1,1 AIL j Sl -LY tlS3 { Q t5, 9 O n ACM-MHD CITY ° C ' 310;ma .o c O m°t `m a aoco �. I DE NYo LL mU j Ozu- Nm I I N O O On m a 046 C�Q V o I _ a E 1./l W 2'J o W -a Q o� itC t� to MCI io K L L N D G m �O mlY >a `o a ° eo c h.y c9 m E o Lu a, IrI�TI,,,I `o M C0 a n p m00 c� o o x N I 1 1 o m0 ° m !-1 GENERALNOTES dX w" 3 z� II 75 o E Z N o 1) Drawing is for permitting purposes only and not concoction_ m E m 9 - = m Must not be used for construction without PE Stamp affixed. m ° 42 'x J ` E m 2) Copyright O 2013 SA.M.P.S.O.N. & Co., Inc. All rights m ° to« c reserved. This material is the property of S.A.M.P.S.O.N. & F as o o -a Co., Inc., and is protected by the copyright laws of the United a w States and other countries. It may not be reproduced, Q distributed, or altered in any fashion by any entity without the express written consent of S.A.M.P.S.O.N. & Co., Inc. W consent is hereby granted to T. A. Newbold Miller, LLC. 3 o Written consent is herby granted to NC DCM, NC DENR, N and the US ACOE for Permit processing purposes. a y ! a _ I to — w- W m NO REVISION DATE to °y �•L� 1 Mods in Response to DCM Initial Review 11/172013 iJ j — 2 Provide Scale in Response to DCM Rev. 11262013 X ° W N m — PESTAMP SA.MR10AmadCotapXX] io , E -- �O ' y w ( c n 0'M mmQ 0 rO N (� U N X 6 OI lO ? 1Y5 Hunters TraX West % x a a p_ N y C E Elixabetlr c, NC Y]9o9 Q) m m m tO J o PROJECT TITLE: al= v ¢ zIJ T. A. NEWBOLD MILLER, LLC o ¢ SHORELINEPROTECTION & PIER DEVELOPMENT DRAWING TITLE: T. A. NEWBOLD MILLER, LLC BULKHEAD DETAILS SCALE. As Indicated DRAWING NO.: DRAWN: TS CHECKED: 06 - 042413 - 001 SHEET 10 OF 11 DATE: 1025l13 PROJECTNO.: 06-042413 NWL - NORTH SHORELINE SECTIONS A - D `MAN W 10 E CENTRAL SHORELINE SECTIONS E - H 1r 1C NVJL - C 20' NWL - 0' ---- : I I I I I I I I I I I ' I I I I I 25' 20' 15' 10' 5' 0' NWL SHORELINE CONTOUR CROSS -SECTIONS SCALE: 1 " - 5' SOUTHERN SHORELINE SECTIONS I - L 15' 10' 5' 0' NWL RECE M DEC 10 2013 DCN-MHncrrr Drawing is for permitting purposes only and not construction. Must not be used for construction without PE Stamp affixed. Copyright m 2013 S.A.M.P.S.O.N. & Co., Inc. All rights reserved. This material is the property of S.A.M.P.S.O.N. & Co., Inc., and is protected by the copyright laws of the United States and other countries. It may not be reproduced, distributed, or altered in any fashion by any entity without the express wdtten consent of SA.M.P.S.O.N. & Co., Inc. Written consent is hereby granted to T. A. Newbold Miller, U.C. Written consent is herby granted to NC DCM, NC DENR, and the US ACOE for Permit processing purposes. I"I VA IcjIM21 PESTAW &A.111 101tandComM fjI 1 123 X� Trail 11Vaa! 1 EllsebNll C NC 279M EC1'TnI.E: T. A NEWBOLD MILLER, LLC (RELINE PROTECTION 8, PIER DEVELOPMENT WING THEE: T. A NEWBOLD MILLER, LLC SHORELINE CONTOUR CROSS SECTIONS E' As Indicated DRAWING NO.: wN: TS 1 06 - 042413 -001 i SHEET 11 OF 11 !� 11 /26/13 ECTNO.: 08 _042413