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HomeMy WebLinkAbout20-96 MM Cutty Sark Development Corp.Permit Class Permit Number MODIFICATION/MAJOR 20-96 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vertnit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursdant to NCGS 113-229 Issued to Cutty Sark Development Corp., PO Box 220, Avon, NC 27915 Authorizing development in Dare County at adi. Mariner's Cove and Pamlico Sound, off NC 12 in Avon , as requested in the permittee's application dated 4/25/04, Narrative. MP-1 MP-2 all rev. by facsimile 7/27/04. Bulkhead Detail dtd 4/07/04, and plats (2) 1 dtd rev. 7/09/04, 1 dtd 3/22/04. This permit, issued on October 15, 7,004 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The alignment of the permitted bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The bulkhead alignment will approximate the normal water level at the time of construction. 3) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the pennittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2005 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. les S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Cutty Sark Development Corp. Permit #20-96 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead must be constructed prior to any backfilling activities. 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any new excavation waterward of the approved alignment. ti) The fill material will be clean and free of any pollutants except in trace .quantities. -' 7) All backfrll material will be obtained from a high ground source and confined behind the permitted bulkhead. 8) Any proposal to place backfrll material within 30 feet of the normal water level, with the exception of that which will be used to backfrll the area behind the permitted bulkhead, will require a modification of this permit. 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, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. 9) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 10) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). Boat Ramp Facility 11) The concrete boat ramp must be poured on high ground and pushed or placed into the water once hardened. No live concrete may come into contact with the water. 12) This permit authorizes only the concrete boat ramp and courtesy dock located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this access facility without permit modification. No non - water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 13) The boat ramp shall extend no farther than 20 feet waterward of the normal water level within the canal. Cutty Sark Development Corp. ADDITIONAL CONDITIONS Permit #20-96 Page 3 of 3 NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the boat ramp facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. '_Community Water Access 14) The courtesy pier shall not provide permanent boat dockage. 15) 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. 16) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 17) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. 18) New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure unless modified herein. General 19) Any violation of the Stormwater Management Permit issued by the Division of Water Quality, including but not limited to grading in association with the infiltration basin, shall also be considered a violation of this CAMA permit. Should such a violation take place, remedial actions, including but not limited to regrading of the area, may be required. 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 permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3351 (DWQ Project No. 041199), which was issued on 9/13/04. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 78-125 (COE Action Id. No. 200411436) which was issued on 8/18/04. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 15, 2004 Cutty Sark Development Corporation P.O. Box 220 Avon, NC 27915 Dear Sir: 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. Please sign both the original (buff - colored form) and the copy. 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. Please retain the original, as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas,, you may contact Department personnel at any for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits and Consistency Manager 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper Permit # f twow- DCM Coordinator: Alk MAILING DISTRIBUTION: Permitee• ✓/ Agent: L r1V. PrvRs> 0.1d-5 DCM Field Offices: 336 < Elizabeth City It i �� i e,- / 141 .41G Morehead City✓ Washington Wilmington US Army Corps of gngineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (N�OT) Raleigh Bland Wilmington: Others: Cultural Resources: Environmental Health Marine Fisheries: NCDOT: Shellfish Sanitation: State Property Office: Water Quality: ,ater Resources: Wildlife Resources: Dave Timpy (NCDOT) Henry Wicker Renee Gledhill -Early ✓ �t/T2r� �t ii ea'c� Mike Street Patti Fowler ✓ Joseph Henderson John Domey —' Ku John Hennessy (NC�DT) John Sutherland ,-E Y2-ll+lei•Ieflflf MAR i A T2 iAPx Bennett Wynne David Cox (NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland Z 7gyf<' ACvENT- f FAPPUGgQLE ) Me I Guy r Wilmington: itndvbd ac �qR/w Dave Timpy (NCDOT) Henry Wicker DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Catty Sark Development Corp., Major Modification #20-96 County: Dare LOCATION OF PROJECT: Cutty Sark Drive, west of NC 12, south of Hatteras Colony Subdivision, Avon DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 06/15/04 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Dennis Hawthorn DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Ted B) DATE APPLICATION RECEIV D RALE PUBLIC NOTICE RECV: ADJ. RIP. PROP NOTICES C'D: (i C9a�5 APPLICATION ASSIG'J D T : er j C) 75 DAY DEADLINE: 15 MAIL OUT DATE: FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE I FEE RECD: $ a SDI OF NOTICE DATE: LL(6 - °q DEED RECD: % 0 0 ON: 7/ z i /ov 150 DAY DEADLINE: STATE DUE FED COMMENTS RECD: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency 1. 410 Division of Community Assistance Land Quality Section 3 Division of Water Quality Storm Water Management (DWQ) State Property Office Q % Division of Archives & History Division of Environmental Health Division of Highways (� Wildlife Resources Commission k� Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) Ir NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Cutty Sark Development Corporation P.O. Box 220 Avon, NC 27915 Dear Sir: Charles S. Jones, Director William G. Ross Jr., Secretary October 15, 2004 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. Please sign both the original (buff - colored form) and the copy. 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. Please retain the original, as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits and Consistency Manager 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.erir.state.nc.us An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT ALTT4 NCDENR NORTH GRouiu Damn+ ar Ew.a..E .. NQ RA, RF3 RcC 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 TO: &457 H7 lm <"n"j OFFICE: TELEPHONE N: L 1 FAX #: 252] �P�o -ZOQS FROM: OFFICE: DIVISION OF COASTAL iviANAGE\IENT RE: tiem ry- �tf-20 DATESENT: JDZISld� TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: P. 01 TRANSACTION REPORT OCT-15-2004 FRI 03:36 PM DATE START RECEIVER TX TIME PAGES TYPE NOTE MII DP OCT-15 03:34 PM 82529862005 1'32" 4 SEND OK 292 DIVISION OF COASTAL MANAGEMENT NCDENR Norm Ga . DERmTH of ENNFONNENi M1O NR RIL RES RCES 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: .(252) 808-2808 FAX: (252) 247-3330 TO: �Onl I�IFNIrTI-t OFFICE: TELEPHONE #: [ ] FAX #: a6-I ] 397— 9/Wl FROM: S!P► y /` do OFFICE: DIVISION OF COASTAL NIANAGEi'VIENT RE: �4E2Mlrl4t264& Glum-/ c 49k �&VFL&ON&AIT—Co2P. DATE SENT: /o 145le TOTAL NUMBER OF PAGES INCLUDING. COVER SHEET: //�R�T /NT /�/�R�T mmR�m R�/f�/f�T W W W W �TmmTT W W W W W W W W mmTmm W mm�mmTTTTmmTTTmTmmmmTmmTmTTTTmTT�TTTTmTTmTTTTTTmmmm W TTTmmmm TRANSACTION REPORT P,01 OCT-15-2004 FRI 03:39 PM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP OCT-15 03:36 PM 83013879188 1'30" 4 SEND OK 293 JUL-27-2004 TUE 10:34 AN DCM-DMF E, CITY FAX N0, 252 264 3723 P. 05 Form DCM-MP-1 1, APPLICANT a. Landowner: f " "1 ED APPLICATIONpOAJVN tyy' 20 4 IAI-(To be completed by all applicants) ELIZABCTH Cl-ry Name -QUIV 5 k Development Com. Address W 1309 220 City A State NC Zip 27 8 52-995-5648 Fa'x s a 's num b. Authorized Agent, Name Environmental Professionals: Ina Address PO-13ox 368 City Kill Devil Hills State NC Zip 27948 Day Phone 252.441.0239 I±ax 252.441-0721 c. Project name (if any) Cutty Sark Devcl_ogment Coro NOTE: PermitW11 be issaad (a name ojlm+downer(s), and/or proJectname, 2. LOCATION OF PROPOSED PROJECT a, County b. City, town, community or landmark Avon C. Street address or secondary road number Hwy 12 • Cu7R'vem-4pte np...,a c d. Is proposed work within city limits or planning jurisdiction? —Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Tamlioo So 3. DESCRIPTION AND PLANNED IJSF1 OF PROPOSED PROJECT EL List 4 development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Modification of the 9xistiok pgrma t for Disturbance within the AEC for subdivision. and to con_ rt a boat ramp ramp access and 3-1/ $ lone vinyl bulkhead-longyast sige of canal.n. b. Is the proposed activity maintenance of an existing project, new work, or both? both c. Will the project be for public, private or commercial use? Community d. Give a brief description of purpose, uso, methods of construction and daily operations of proposed project, If more space is needed, please attach additional pages. See Attached Namdgya for project JUL-27-2004 TUE 10:34 AM DCM-DMF E. CITY FAX NO, 252 264 3723 u me 7/ZF789 89; 55 2524410721 ENVIRONMENTAL PROPES JUL-26-2004 MON 04158 PM DCM-DMF E. CITY FAX 110, 252 264 3723 P. 04 PAGE 02 P. 04 LAMA "Olt NAMIATIVE Cutg itarlr M wlopmant Ccip. �F ~ • °1rr1'''''ryry ••iAY:Ly�J Jtln : ?004 MOPOSMACTInmi85 s Comtract"I LF 9f Vinyl buiVoW *htdee uw to LlN ret. ,)Kr COROM wmmunily boat ramp and vr.,d &caul Coubcct 32 R X 3 A woad wa leer &lens boat romp LWW Dlsbabuu within the AEC fbr bWkhad bsMii vAlviliu and g i ftfor the subdivision WAaiitaot veldt tbo NCVWQ Slormwaler permit and approved NC DLQ; mKon OOWAI plus. and Tiro apPWasnts prapatty aim ss a proposed 1g lot abdlvisim Cut bse roaivtd pra 13efa codray. A &tale rta=mw&ror peemh and adltgaawdoa and uotlea notlkral ha approval by yermip bean approved. 7La brsAt of tba LAMA MUee trtodifleuion u to ctsbuitO the stwrotbr, eadace:&[ioafordWobanrswitldnlboA6Candcoatltuetaboattampfo:theproper pravlaooly &abdfviafon. Tke modtAeadoa w111 prevlde wave lu qu and MsbUlu rho hidliground shorollao from dte &divides mAWtcat with the exlsUmt CAMA Mq�or, This 6alkhwd iWueat from the dovoi t dtadsing will Blew for the bullthrad to be aeaatracledptiorto tottvay&rice of imdividtol tau, and w0l tdlow for a daVolepment aodvity to tk parmiltal and eomatrueled uMu enalrenrti4 thereby raqufruta 1 tbo abmfelet invntvs4. reviews by TIN diaNrbnmeswithintheABC wWallow for low DeotltySabdivlticnSttumvvalerf8est eat practices W be rmmaww" parapprw Wuubyy NCDWQ. Tbls daNrbance wul a II ao $01Woa assodaud with Ow buUchgd�ootubpetlon, Site rartoAdloA iindpteptusdon for fm lei right of way awaler WitltfA dro AFC , gar The forme[ spoil dte wiu 1x abandoned ipsd d, yegpipf;d and bocoaw homWWs, Se is areas wiu be prevented $oat W09 placed Within Wefotaat spou an by Daze Canty Fiealtb Dept. ert'Nn 404 wetland u408 w111 be tilted, distatbed or impacted by tNs project. oroblo hWW or lastdmses, &sego syaems IN driveways pro poposal ar &WhodW Wtthln �re 73 R AEC by this &PPvicefioa of permit. K�agd�l�a� °ulonxls,Taa 4WI04 Form DCM-MP-1 APPLICATION (To be completed by all applicants) 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract +/-12.17 acres b. Size of individual lot(s) 20,000 SF avg c. Approximate elevation of tract above MHW or NWL 3- 4 ft average . d. Soil type(s) and texture(s) of tract Carteret and Duckston/Psamments e. Vegetation on tract _ Juncus roemerianus. Spartina patens Juuipems virginiana 'myrica cerifera. quercus virginiana f. Man-made features now on- tract house, garage, spoil disposal area, septic system g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan) _ Conservation X Transitional _ Developed _ Community Rural _ Other h. How is the tract zoned by local government? R-1 Residential i. Is the proposed project consistent with the applicable zoning? X Yes _ No (Attach zoning compliance certificate, ifapplicable) R Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes _ No Coastal-(marsh)TX ther -_-OX(404) If yes, has a delineation been conducted? Yes (Attach documentation, ifavailable) m. Describe existing wastewater treatment facilities. One existing septic system, serving the Beckham residence n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, indushWcommercial effluent, "wash down" and residential discharges.)Effluent pine from spoil disposal area (Maintenence dredging completed 2/15/04) o. Describe existing drinking water supply source. Dare County Water System 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by I V white paper. (Refer to Coastal REVS: ` T Form DCM-MP-1 Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding -that agency's use -of -larger -drawings -.)-A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name William T. and Lori J. Olander Address 846 Newberry Ct._ Schaumburg IL 60173 Phone Name Joseph A. Klea Jr. and Mar garet M. Hughes Address PO Box 481 Avon, NC 27915 Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA 20-96 CAMA Minor #98-110 NC DWQ SW7960101 NC DEM 951007 • A check for $250 made Davable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. JUN r :DASD,. ,.-.;IAGE(VtENT ELIZABETH CITY • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A -1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This the _J day of 'r r, 2004. Print Name Aewlai( T urs ttyr_ � ira, Signature 0-r-ek-AV pG= r. f-:- t. ImtdownerorAuthorizedAgent '- Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and ]Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts _. DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of eachform. Form DCM-MP-2 RI {' EXCAVATION MASIN I`uvIANAGEI@EPd1' ELIZA6ETH CITY AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA 1. EXCAVATION Major Permit, Form DCM-MP-1. Be sure to — complete all other sections of the Joint Application a. Amount of material to be excavated from below that relate to this proposed project. MHW or NWL in cubic yards N/A Describe -below the purpose of proposed excavation = b. Type of material to be excavated N/A or fill activities. All values to be given in feet. Access channel OVILW) Canal Boat basin Boat ramp (Excavated In Highground) Rock groin Rock (rip rap) breakwater Other (Excluding shoreline stabilization) Average Final Existing Project. Length Width Depth Depth N/A ------ --- ---- — — N/A -------- -- N/A — -- ----- — Total 40' 3 a below NWL plane) 10, amp 3' -1 avg N/A ---- -- -- — N/A ----- ------ ---=°- N/A c. Does the area to be excavated include coastal wetlands? Yes X No d. Highground excavation in cubic yards 72.5 CY 2.-DISPOSAL OF EXCAV_ ATED MATERIAL a. Location of disposal area Existing Spoil _disposal area from recently completed dredging project b. Dimensions of disposal area approx. 460' X 110' c. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from tht owner. d. Will a disposal area be available for future maintenance? Yes X No If yes, where? N/A Revised 03/95 Form DCM-MR2 e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap zsl_ - - b. Length _WN LF Total plus including two 10 LF-return walls c. Average -distance waterward of MHW or NWL 0 feet d. Maximum distance waterward of MHW or NWL 0 feet e. Shoreline erosion during preceding 12 months - .25- feet .(Source Of Applicant infomation) - (Wallace Beckham) f. Type of bulkhead or riprap material vinyl bulkhead g. Amount of fill in cubic yards to be placed below water level' (1) Riprap None (2) Bulkhead fill None h. Type of fill material N/A I. Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? W 15 20 .:1A_.8TAL gANAGE';Wzi\; ; EUZABETH CITY X Yes No If yes, (1) Amount of material to be placed in the water 2.8 CY concrete - Fog dokr eAtnr (2) Dimensions of fill area 23' X 10'x 0.33' (3) Purpose of fill boat ramp ---b. Will fill material be placed in coastal wetlands . (marsh), SAVs or other wetlands? Yes - X No 5. GENERAL a. How will excavated fill material be kept on site and erosion controlled? Silf fence b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? backhoe, concrete truck, dump truck- and fron end loader - c. Will wetlands be crossed in transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. N/A Cutty Sark Development Co Applicant or Project Name; ell Signature L, Date Revised 03/95 pI, AUG 0 2 27 COASTAL AtA, I El!7gge,,yy,��;;,,E��ilt;plt ENVIEON EENTAL PROFES ONALS PLANNING FOR July 30, 2004 A BETTER ENVIRONMENT NC Division of Coastal Management Atlas Yvonne Carver 1367 US Hwy 17 South Elizabeth City, NC 27909 Dear Ms. Carver, Please find the $250.00 check payable to NCDENR for the Cutty Sark CAMA Major modification as requested. Please call if you have any questions. Environmental Professionals, Inc. Kendall Turnage RECEIVED AUG 0 4 2004 DIV. OF COASTAL MANAGEMENT RALEIGH JUL-27-2004 TUE 10:35 AM DCM-DMF E. CITY FAX N0, 252 264 3723 P. 06 Torm nCM-ra-2 e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? Yes X No Does the disposal include any area in the water? Yes X No 3. SHORELINE STABmzATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 3J l LF Total plus including two to Lie return walls c. Average distance waterward ofMHW or NWL 0 feet d. Maximum distance waterward of NM or NWL 0 feet e. Shoteline erosion during preceding 12 months .25 feet (Source of Appacant information) (R'alteoe Beckham) f, Type of bulkhead orriprap material vin lbulkhead g. Amount of fill in cubic yards to be placed below water level (1) Riprap None (2) Bulkhead fill None h. Type of fill material _ MA I. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? °CEIVE- Jl1N 15 20 oo,,sTAI ANHM ty 1 CUZA EAGTH CITY X Yes No If yes, (1) Amount of material to be placed in the water 2,9 CY concrete - Foe tw eimp (2) Dimensions of fill area 23' X� 0.33 (3) Purpose of fill boat ram' b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No 5. GENERAL a. How will excavated fill material be kept on site and erosion controlled? S' fen b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? backhoe, concrete truck, dump truck and fron end loader c. Will wetlands be crossed in transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. N/A Cutty Sark Develoument Co ApplhraetorProject Name _ _/tAPs�1C.�r •/YC•i r(,YY .• =`%YJ ¢'Ps7�� Slgrtoturc (✓ Date Revised 03145 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a: Type and number of buildings, facilities, units or structures proposed _ boat ramp, bulkhead; 1 existing b. Number of lots or parcels 18 proposed,1 existing c. Density (give the number of residential units and the units per acre) 19 lots on 12.17 acres 1.56 per acre d. Size of area to be graded, filled or disturbed including roads; ditches, etc. - e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes _ No If Yes, date submitted- (plans and submittal by House Engineering) f. List the materials (such as marl, paver stone, asphalt, or or concrete) to be used for paved surfaces. asphalt road g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built - upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 2.8 % 180 SF concrete, 400 SF gravel, 3855 SF house and garage JUNI i ;, -OASTAL torstJAGUIt --I ST( ELIZABETH CITY h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of - _ Environmental Management for review? X Yes No If yes, date (Plans and submission to be submitted submitted by House Engineering) i. -Describe proposed method of sewage disposal. None proposed at this time j; Have the facilities described in Item i, above received state or local approval? No (A(brh approprWe docum flon) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effiuent, "wash down" and residential discharges). surface runoff, dredge disposal effluent I. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Dare County Water Department m. Will water be impounded? _ Yes X No If. yes, how many acres? N/A n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A Cutty Sark Develooment Co Applicant or Project Npme A, 11116�,147 Signature , f•. Date Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Pemut; e. Form DCM-MP-L Be sure to -complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s)andlorPier(s) (1) Commercial Private . Community-X— (2) Number 1 (along boat ramp) (3) Length 32ft-- (4) Width 3 ft - (5) -Finger " Yes No X Piers_- _ (i) Number N/A (ii) Length N/A (iii) - Width N/A (6) Platform(s) Yes X No (i) Number . N/A (ii) Length N/A (iii) Width N/A. (7) Number of slips proposed 0 (8) Proximity of structure to adjacent riparian property - lines 82 feet (9) Width of water body 35 ft avg - Qp ( l (10) Water depth at waterward end of pier at fVILW or NWL 3.5 ft b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length N/A (3) Width N/A C. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number N/A (2) Length . N/A d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length- N/A (2) Average distance from MHW, NWL, or wetlands N/A (3) Maximum distance beyond MHW, NWL or wetlands • N/A OASTAL i"11111"(3Ev➢E(V i ELIZABETI, CITY Mooring buoys N/A (1) Commercial Private _ Community _ (2) Number. , N/A. (3) Description of buoy (Color, inscription, size, anchor, et N/A (4) Width of water body - N/A (5) Distance buoys) to be placed beyond shoreline N/A Mooring structure (boatlift, mooring pilings, etc.) N/A (1) _ Commercial Community Pi (2). Number N/A (3) Length N/A (4) Width N/A g. Other P Ne complete desenpttonJ Boat ramp see MP-2 Bulkhead see MP-2 Cutty Sark Development Co Applicant of Project Name /Signature ate Revised 03/95 41 09 . � ..i N z sas) 1 S� � 00000��o I II 1 law sa r LSGVZ113 Cv'ryf �^i'1�'J� II 'A • .i � �9uC C Y _ I•/• {'� /',� it Tr. BACKFILLrl tV-0A<V- AIZFk BULKHEAD DETAIL CUTTY SARK DEVELOPMENT CORP. CAMA MAJOR DRAWN: KT DATE: 4/6.7/04 ENVIRONMENTAL PROFESSIONALS INC. Scale I in = 2 ft BOAT RAMP CROSS SECTION N m Corner of Proposed Bulkhead a Proposed bulkhead along boat a ramp w 0 a a 0 0 H T End Bulkhead Gravel approach 32 ft X 3 t woo -Mrs HOME` ° S. Wow e: 4.3. 07WHIGHGROUND •� EXCAVATION 72.5 CY Cutty Sark Development, LLC CANIA MAJOR Drawn: XT Date 3/22104 Environmental Profesionals, Inc. Michael F. Easley, Governor William G. Ross Jr., secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 13, 2004 DWQ Project # 04-1199 Dare County Cuny Sark Development Corp. RECEIVED C/o Mr. Kendall Turnage SEP 1 6 2004 P.O. Box 220 Avon, NC, 27948 OIV. OF COASTAL MANAGEMENT RALEIGH Subject Property: Cutty Sark Subdivision, Modification, CAMA Major Permit No. 20-96 Approval of 401 Water Quality Certification (GC3351) with Additional Conditions Dear Mr. Tu nage: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.007 acres of waters to construct shoreline stabilization, boat ramp and courtesy dock along the shoreline of a constructed canal to the Pamlico Souugas described in your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit o July 22, 2004. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3351 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers,(USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations (Division of Land Resources), Coastal Stormwater and CAMA (Division of Coastal Management). Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to'send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1766 / FAX 919-733-6693 / Internet: hftpJ/h2o.enr.state.nc.us/ncwetlands l Caro 'na �/VQiJRYl[l f/ An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper Cutty Sark Development Corp. Page 2 of 2 September 13, 2004 Stream N/A (feet) 404/CAMA Wetlands 0.007 (acres) DCM Field Report Waters N/A acres Buffers N/A (square ft.) 2..., Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3351. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, 4"4' A /rI6 an W. Klimek, P.E. AWK/cbk Enclosures: GC 3351 Certification of Completion cc: Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948 Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 041199Sark(Dare)401 09/22/2004 18:26 2524410721 ENVIRONMENTAL PROFES PAGE 01 0 P.O. BOX 3368 IQLL DEVIL HILLS,, NC 27949 TELE: 252-441-0239 FAX: 252441-0721 EMAIL: ENVIRONMENTALPRO@EARTHLINIGNET I Tog Do U A Diu a g -e-f - From reKe(a // 7'u r� q Fmc asa ^ay7 -3330 Fit Y Phenol 8 ®g= .2 oat« p/a a o y Rei GGO t4oL45< ENOf"teer"�2 ❑ Uq"t ❑ For Review ❑ Please Convnn+t ❑ Plsese Reply ❑ Please Recycle Cer+ lI ca f /,O K ,Sark Pe.ve/ol►>reaoc" G..L.C. �4Plal , �ij tl✓ �Ca'f'ion 09/22/2004 18:26 2524410721 ENVIRONMENTAL PROFES SEP-22,2004 16:27 FROM:DWQ-WETL.QNDS 9197336893 TO:91 PAGE 02 P:Ir3 NCDENR North Carolina Department of Environment and Natural Division of Water Quality Micheal F. Easley, Governor Wetlands/401 Certification Unit Street Address: 2321 Crabtam Boulevard, Suite 250 Raleigh, NC 276o4-2260 Maftg Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-.1786 Pax 0: 919-733-6693 Fax To: -- - �fn!� +� • Fax #: Compauy: ��1 r�, T S, 1 s '�', Date: Number of pages including cover sheet: Notes or special instructions: r --VF nU , - 115" -- n G. Ross, Jr., Secretary W. Unl0k, RE Director 401 Wetbnde CeKNaeon UnR •• - eso Men sm�ce oenmc Aerroh North Caeeroeco ft 210 • �(�' TO 8 21 I669 ee Naan Se AeNld, 6ute ¢80, R.wlph b �p1aY ¢ 8p4 Pnone:919733•r78BlFAx91B (Mrtvmet 09/22/2004 18:51 2524410721 ENVIRONMENTAL PROFES PAGE 01 P.O. BOX 3368 KILL DEVIL HILLS,. NC 2790 TELE: 202-441-0239 FAX 252-441-0721 EMAIL: ENVIRONMENTALPROQFARTHLINK.NET 7B: vo--ff— Fromo Fa:c aSa —.2y 7 — 3 330 Pegem �i F pI� 8 ®g- a�os veto 9 a �o ❑ Urgent ❑ For Revlevr O Pleaee Comment ❑ Plwo R9Ply ❑ Plm*e Recycle ke-DW4 Ile Ce/ti-p�cc,fion -�ar Crc-ff�/ ,SarJ'c jl�e/oP��eka`' 4..li.C. 09/22/2004 18:51 2524410721 ENVIRONMENTAL PROFES PAGE 02 •SEp-2@-2004 16:27 FROM:DWQ-WETLRt)S 9197336893 TO:912524410721i P:113 ,NCD �R North Carolina Department of Environment and Natural Resourow Division of Water Quality I Mictlael F. Easley, Governor WI(Oaln G. Ross, Jr., Secretory Alan W. Klimek, P.E., Director i Wetlandsl401 Certification Unlit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 MaHing Address: 1650 Mail Service Center Raleigh, NC 27699.1650 Contact 7ntormattoa: Phone #: 919L733-1786 p Fax N: 919433-6893 Fax To:'n Gt �, Fax # Company':Date: NuMber of pages including cover Sheet. Notes or special instructions: 401 WAnde Cwft*n Unit =1 omb"e 54YWA:. nose 96D, PALS%+, No* OW&A 17M P/Ane: 0166733-IMIFAX 01t•733-WRINIatM A. Fn,.l n,n....a.�aM6w.,V 09/22/2004 18:51 2524410721 . SEp-iR-2004 16:28 FROM:OWQ-WETLANDS 9197336893 ENVIRONMENTAL PROFES TO:912 PAGE 03 P:2/3 Gutty Sark Development Corp. Go I& Kendall Turriage P.O. Box 220 Avon, NC, Z7948 September 13, 2004 tote Jr., atmwy DWQ PftNject 0 04.1199 i Dare County Subject Property: Cutty Sark Subdivielou, Modification, CAMA Major Permit lib, 2(696 i Approval of 401 Water Quality Certification (GC3MI) with Additional Conditions Dear Mr. Twaage: i You have our approval, in accordance with the attached conditions, to place fill material w*hio or otherwise impact 0.007 aeim of waters to construct shorelina,stabilization, boat tamp and doumsy dock along the shoreline of a eonstructod canal to the Par'ieo as described in your appli on received by the Division of Water Quality �WQ) Wetlands/4O1 Unit July 22, 2004. Aker touts itig your application, we have determined that the Division of Water, ty (DWQ2 General Water ity Ccrdilratios Number 3351 covert these water impacts. This Certification allows you to Gu cad Permit No. 198000291 when issued by the VS Army Corps of Bngiseers (USAC8). In addition, ' should get or otherwise comply with any other federal, state and local requirements before you go ah with your project including (but not limited to) arostoA sad sediment control regulations (Division of d Acsousces), Coastal Stormwater and CAMA (Division of Coastal Management). Also, approval to proceed with your proposed impacts or to conduct Impacts to waters as depleted In uR Application BW expire upon ettpiration of the 404 or CAMA Parodic This approval is for the purpose and design that you described in your application. If you eknanse your project, you mast notify us and you may be required tdseod us a now application. If the pr�pe ty is sold, the now owner must be given a copy of this Certification and approval letter and is'theteby paspousible for complying with all conditions, if total fills for this project (now or in the fhture) exceed on acre of wetland or 150 littear feet of stream, compensatory .tMtigation may be required as desgi in 1 SA NCAC 2FI.0506 (h). This approval requires you to follow the conditions listed in the attached eertiBration and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and ' neral conditions of this CertificationIsep (or Isolated Wetlavd Permit) am met. No other ets are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) 401 WItlondo 0eff Wo Utah IOOOW OWN 00"t, Reabn, N00 0a�oax 27t1WMO 2321 C1110 M UWavetd. &* 250, Rtlrgn. NoM owoft ttsa ION:91e•71L^ 1786lFAX913-73596937IMeeIW: M22Waoursluenc .An 11"I OPPOrN" ldArMMM AraiE Wlopr- W% RWt*dno% Poacaewte p"r 09/22/2004 18:51 2524410721 - SEP=22-E&K 16:28 FROM:Ob10-WETLANDS 9197336893 ENVIRONMENTAL PROFES PAGE 04 TO:91LcS24410723t P:3/3 Gutty Sark Der want Corp. ;Pwe2of2 Septed er 13,2004 Stream NIA (feet 404/CAMA WetlendS 0.007 (acres DCM Field R ort Waters NIA Reins Buffets N/A ft. 2,.,Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification of Buffer Rules, and anysubsegnent it oMentious, the applicant is required to return the cerecate of completion to the 401/Wed utds Unit, North Carolina Division of Water 1650 Mail Service Center, Raleigh, NC, 27699-1650, 3. Water Quality Certification The proper project moat comply with all of the conditions of General Water Q110 i Certification (OC) 3351. Violations of any condition herein Set forth may result in revocation of this Certification and y result in criminal and -for Civil penalties. The autborization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification Shall. phe upon expiration of the 404 or CAMA Permit: If you do trot accept any of the cvmditim of this Certification (associated with the approved impacts), you may ask for an adjudicatory bearing. You must act within 60 days of the date tb 9 you reoejve this letter. To ask for a hearing, send a written petition, which conforms to Chapter 151 B of the North Carolina Occecal Statutes to the Office of AdnAdstratve Hearings, 6714 Mail Serviceewer. Raleigh, N.C. 27699.6714. This certification and its goadidont an final sod binding unless yiu ask for a hearing. ' '. This letter completes the review of the 1Xvision of Warm tZuality under Section 401 of the Cloan Water Act. ft' you have any questions, please telephone Cyndi Karoly in the Cereal Office in Rol at 919- 733-9721 or Tom Steffens in the DWQ Wisitington Regional Office at 252-946-6481. Sincesaly, /f � .�aa W. Klimek. P.B. AWK/cbk G Buclosutes: GC 3351 Certification of Completion cc, Kendall Turnage, P.O. Box 3368, Kill Devil }ills, NC, 27948 Doug Huggett, Dem USACi3 Washington Regulatory Peld Office DWQ Wasbirtgton Regional Office file Copy Cc=al Files Filename: 6 JO Z *9ed m herd _ June 1, 2004 ENVIRONMENTAL PROFESSIONALS =YwC PLANNING FOR NC Division of Coastal Management A BETTER Atm. Dennis Hawthorne ENVIRONMENT 1367 US Hwy 17 South Elizabeth City, NC 27909 Re: Cutty Sark Development Corp. / CAMA Major Modification Request Dear Mr. Hawthorne, JIJAI b.4 2004 In response to your meeting onsite with Mr. Cary Sisler to confirm coastal wetland areas on May 25, 2004,_ please revise the bulkhead request in the vicinity of Mr, Beckham's residence to reflect the following request. We appreciate you meeting with Mr. Sisler on short notice to resolve these issues and suggest a course of action to follow to meet our client's goals. This request will eliminate all coastal wetland impacts from the current application. 1. The disturbance within the 75 ft AEC, boat ramp, gravel boat ramp approach, 120.5 LF and 107 LF bulkhead are still being requested as part of the CAMA Major modification. 2. Please revise the field report to include the proposed 144 LF bulkhead (with a 10 LF return wall) ending at the coastal wetland vegetation boundary, and delete any portion of the bulkhead request north of Mr. Beckham's residence (or north of the proposed 144 LF bulkhead and 10 LF return wall). A revised sketch of the affected area is included with this letter to illustrate the intended final construction of the bulkhead and to clarify the development request. Please advise as soon as possible if we need to submit any further information to continue the modification request process. Please call us if you have any question or comments, or need further information. Sincerely, Environmental /Prooffeessionals, Inc. Kendall Turnage P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 252-441-0239 FAX: 252-441-0721 • EMAIL: environmentalpro@earthIink.net CAMA MAJOR MODIFICATION P CU= SARK DEVELOPMENT C, Avon, NC ***Bulkhead Revision to eliminate c wetland impacts. Environmental Professionals, Inc. Date: 6/01/04 Drawn :KT Scale: 1 In= 40 ft JUL-2,7-2004 TUE 10:34 AM DCM-DMF E. CITY FAX NO. 252 264 3723 P. 03 u//2y/2duq a9:55 252441B721 ENVIRaWMTAt. PROFES PAGE 93 JUL-26-2004 10 04:68 PM DCM-DW E. CITY FAX NO, 252 204 3723 P. 03 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME., Catty Sark Development Corp. PROJECT NAME: Catty Sark SubdlyWoo - Modllltatlon, CAMA Mgjer Mk No. 20-96 2 LOCATION OF PROJECT SITE: West of NC 12, south of Hatteras Colony Subdivision, - "-- Sark Drive, Avon, Date County, man-made canal to the Pamlico Sound. Photo Index - 2000: 174.2040, J.12; 1995r 114-1794, )-19. State Plane Coordinates, X: 304180D Yt 605000 3, INVESTIGATION TYPES CAMA / D&F 4. INVESTIGATIVE PROCE,DUREi Date of Site Visit - May 25, 2004 IED ' Was Applicant Present - Yes s. PROCESSING PROCEDURE% Application Received Complete - June IS, 2004 Office - Sliaabeth City 6, SrTE DB.9CRIPTIOIY, (A) Local land Use Plan - Dare Cowiry Lead Classification From LTJP - Conservation (B) AEC(s) Involved: Public Pwst Area, Estumtne Waters, Coastal shoreline, to Wethmds (C) Water Dependent; Yes (D) (E) Intended Use: Private / Property Owners and Guests Wastewater Truwwt: 5Xirrins ik - none; Planned - individual lots, sap li /drain fields (F) Type of Structures: lrktsting - 500 linear feet of bulldteM, Planned --"I • bulkhead. boat ramp with gravel drive, vehicular access, and 32-feet by 3-feet couttesy doe adjacent to bons ramp, (0) Bstimatod Annual state of Mwionr 0.2s lent i Source - Applicant 7. HABITAT IMPACT DXSCIMION% (AREA] EXCAVATRD FII.I.EDIDIST[lIwBED alwjk (A) Coastal Wetlands (B) Estuarine Waters I Sbttllow 220 sq. ft. 81 sq, ft. Water Habitat (C) Upland 57,930 sq. ft, 11 %—/ A-w �"aturmu; ae,17V aq. (E) Primaty Nursery Area: No (0; Water Classification: SA; Open; No B. PROJECT SUMMARY-, This project involves bulkhead shoreline stabilizatloru, a t1t ramp with a gravel drive, and courtesy dock along the shoreline of a man-made canal to the Pamlico Sojtnd In the Curry Sark Sabdivisioa, located In the Village of Avon, In Data County, i - I DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Cutty Sark Development Corp. PROJECT NAME: Cutty Sark Subdivision - Modification, CAMA Major Permit No. 20-96 2 LOCATION OF PROJECT SITE: West of NC 12, south of Hatteras Colony Subdivision, Cutty Sark Drive, Avon, Dare County, man-made canal to the Pamlico Sound. Photo Index - 2000: 174-2040, J-12; 1995: 174-1784, J-19. State Plane Coordinates, X: 3041800 Y: 605000 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - May 25, 2004 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete - June 15, 2004 Office - Elizabeth -City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Coastal Shoreline, Coastal Wetlands (C) -Water Dependent: Yes (D) Intended Use: Private / Property Owners and Guests (E) Wastewater Treatment: Existing - none; Planned - individual lots, septic tanks/drain fields (F) Type of Structures: Existing - 500 linear feet of bulkhead; Planned - 251-feet bulkhead, boat ramp with gravel drive, vehicular access, and 32-feet by 3-feet courtesy dock adjacent to boat ramp. (G) Estimated Annual Rate of Erosion: 0.25 feet Source - Applicant 7. HABITAT IMPACT DESCRIPTION: [AREA] FYrevATP.n FTT,T.F.n/nTCT1TRRF,D _ SHADED (A) Coastal Wetlands (B) Estuarine Waters / Shallow Water Habitat 220 sq. ft. 81 sq. ft. (C) Upland 57,930 sq. ft. (D) Total Area Disturbed: (E) Primary Nursery Area: (F) Water Classification: 58,15U sq. tt. (1.335 acres) No SA; Open: No 8. PROJECT SUMMARY: This project involves bulkhead shoreline stabilization, a boat ramp with a gravel drive, and courtesy dock along the shoreline of a man-made canal to the Pamlico Sound in the Cutty Sark Subdivision, located in the Village of Avon, in Dare County. FIELD INVESTIGATION REPORT Cutty Sark Development Corp.; Modification, CAMA Major Permit No. 20-96 Page 2 Project Setting The application site is located in the Cutty Sark Subdivision in the Village of Avon, in Dare County. The Subdivision consists of 18, approximately one-half acre lots. The Subdivision includes approximately 1,400 feet of canal -front shoreline. Approximately 750 feet of shoreline is located along a canal that extends from north to south, while the remainder of shoreline is part of a smaller canal (more ditch -like) that joins with the north part of the larger canal and extends east to west. CAMA General Permit No. 36574-A authorized the construction of 500 feet of bulkhead along an upland portion of the canal, and was recently completed. CAMA Major Permit No. 20-96 was previously issued (and is current) for canal maintenance excavation related to this site. Although not technically part of the Cutty Sark Subdivision, one residence has been constructed (prior to the creation of the subdivision) under the ownership of Wallace Beckham, partner in the Cutty Sark Development Corp. and is located on the site. CAMA Minor Permit No. 2004-55 was recently issued by Dare County to authorize the construction of a 76-feet long retaining wall adjacent to the Beckham residence to stabilize a portion of shoreline, landward of existing wetlands. Since the Subdivision will require the installation of road improvements and overall site grading, Stormwater and Sedimentation and Erosion Control authorizations have been issued for this work to the Cutty Sark Development Corp. The upland area of the site is approximately 3 to 4 feet above the Normal Water Level (NWL.) The land surface consists of sand covered with Spartina patens and scrub grasses and shrubs. The majority of the canal shoreline is vegetated with this same mix of plants. The site shoreline includes approximately 750 feet of shoreline (500 feet has recently been stabilized with bulkhead, as referenced above). Approximately 550 feet of the remaining shoreline is vegetated with a fringe of coastal and/or freshwater404 wetlands. Coastal wetland species include Juncus roemerianus and Spartina alterniflora. Approximately 90 feet of the footage is located along the main canal and this portion of the fringe is between 2 and 5 feet in width. Some Juncus roemerianus is located along this portion of shoreline but is landward of where identified jurisdictional coastal wetlands have been delineated. Evidence of shoreline erosion exists along the remaining un-stabilized portions of the shoreline of the canal: Portions of this shoreline are being undercut and have eroded, resulting in some clumps -- of existing vegetation washing off into the canal. The rear portion of the existing residence is - within 25 feet of the erosion escarpment. The main canal width is approximately 40 feet. The water depths within the main canal are an average of 5 feet. Water depths two feet offshore are approximately 2 to 3 feet in depth. The canal bottom consists predominately of sand with little, or no visible organic material. No significant FIELD INVESTIGATION REPORT Cutty Sark Development Corp.; Modification, CAMA Major Permit No. 20-96 IJ Page 3 areas of submerged aquatic vegetation were observed along the shoreline during the application site visit. The waters of this canal carry the same classification as the Pamlico Sound. The North Carolina Environmental Management Commission has designated these waters as 'SA' waters (suitable for shellfish propagation and harvesting); however, the waters in this vicinity are closed to the commercial harvest of shellfish. During the site investigation visit, no shellfish were observed along the water bottom in the vicinity of this project. Some juvenile fmfish were observed along the shoreline. The Coastal Resources Commission (CRC) has designated these waters as Public Trust Area and Estuarine Water Areas of Environmental Concern (AEC). In addition, under the designation of the CRC, the Coastal Shoreline AEC extends in a contour 75 feet landward of the NWL. The CRC has also designated coastal wetland vegetated areas, like the one described above, as a Coastal Wetland AEC. The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of the Pamlico Sound as Coastal Waters. Project Description_ The applicant proposes to stabilize the remaining portion of shoreline along the southefh-most portion of the main canal with vinyl bulkhead. The bulkhead alignment is proposed directly adjacent to the escarpment, at or near the NWL. This bulkhead will extend approximately 120 feet to the -south where the boat ramp will be constructed, then continue an additional 107 feet to the south, and include a 10-feet long return wall. A second bulkhead section is proposed at the north end of the main canal at the rear of the existing residence, and will extend approximately 144 feet to the north. This portion of bulkhead will connect to the above referenced retaining wall that will be placed between the existing coastal wetland fringe and the upland in this area behind the Beckham residence. Both proposed bulkhead sections will connect to the existing bulkhead structure. Both sections will be located approximately at the NWL, and neither structure will result in any fill of vegetated wetlands. The deadmen/backfill tieback area will extend landward approximately 15 feet to the east and will be backfilled with clean sand/fill material, some of which is currently available on - site from previous maintenance excavation work. The application also includes a proposal to construct a 10-feet wide concrete boat ramp with a 3- feet wide courtesy dock along the north side of the ramp. The overall ramp length will be 40 feet, and the ramp, will extend approximately 5 feet beyond the proposed bulkhead alignment into the canal. It is estimated the ramp will extend about 22 feet beyond the NWL. Eighteen feet of the ramp will be above the NWL. A 10-feet wide by approximately 200-feet gravel drive will connect the proposed ramp to the -adjacent asphalt road (Cutty Sark Drive). This drive will be located along a 15-feet wide common easement. No parking area is proposed. Since the ramp facility is proposed for the subdivision, it is anticipated that the parking will be limited to the individual on- FIELD INVESTIGATION REPORT Cutty Sark Development Corp.; Modification, CAMA Major Permit No. 20-96 Page 4 site lots in the subdivision. The proposed courtesy dock will extend 8 feet beyond the proposed bulkhead alignment, and will shade an area of approximately 27 feet by 3 feet, most of this area will be within the 'basin' portion of the ramp structure. The structure will be a total length of 32 feet and will not extend beyond one-fourth of the canal width. The applicant expects, between the bulkhead construction and the general lot grading, that the entire Estuarine Shoreline (75-feet contour) will be graded and has estimated that a total of 57,930- square feet of upland area will be- disturbed in this process. Anticipated Impacts • The proposed bulkhead alignment will approximate the NWL and will result in the filling of little or no Estuarine Waters and Public Trust Area. • The bulkhead alignment will -not result in the filling of any wetlands. • Since water depths close to the shoreline are 2 to 3 feet in depth, and the proposed - alignment is to approximate the NWL, the alignment of the bulkhead structure should not significantly alter the shallow water habitat bottom adjacent to the existing shoreline. • The boat ramp will result in the filling of 220 square feet of water beyond the NWL, although only about 50 to 60 square feet of area is beyond the proposed bulkhead alignment. • The boat ramp structure will not result in the excavation or filling of any wetlands. • The proposed ramp and access drive will result in approximately 2,000 square feet of impervious area. Approximately 400 square feet will be within the Estuarine Shoreline of the Pamlico Sound. • The overall land disturbance within the Estuarine Shoreline, associated with the tieback area and site grading is estimated to be 57,930 square feet. • An inspection of mapping data on cultural resources revealed that no archaeological or cultural resource findings had been recorded on the available maps in the immediate vicinity of this project. However, these maps have not been updated in at least 10-years and the potential for the existence of cultural or historical resources is possible. • The proposed shoreline stabilization structure and filling activity will result in a temporary increase in turbidity levels along this portion of this waterway, and possibly within other off -site drainage areas. The proposed structure will reduce the erosion of the shoreline of FIELD INVESTIGATION REPORT Cutty Sark Development Corp.; Modification, CAMA Major Permit No. 20-96 Page 5 this lot, and in turn reduce the long-term turbidity associated with un-stabilized shorelines. • This project's bulkhead and retaining wall alignment location has been planned to avoid filling of any wetlands. • The proposed boat ramp and courtesy dock will not interfere with any (adjacent) riparian access, public trust, or navigational concerns along this canal. Submitted by: Dennis W. Hawthorn Date: July 15, 2004 r u r eMA r NCDENR North Carolina Department of Environment and Division of Coastal Management Michael F. Easley, Governor Charles William G. Ross Jr., Secretary ?FCEIVFD JtP 0 " 7004 July 19, 2004 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: DIV. OF Caw inL MANAGEMENT Natural Resources W1lEIGti Pit 16, WED SEP 0 7 2004 Joe Henderson Morehead City DCM NC Department of Administration Doug Huggett Major Permits Processing Coordinator J U L 2 2 2004 DOA STATE PROPERTY OFFICE CAMA/DREDGE & FILL Permit Application Review Cutty Sark Development Corp., Major Modification #20-96 Cutty Sark Drive, Avon Proposed Project: Bulkhead shoreline stabilization, boat ramp with drive, courtesy dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 2004. If you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: V 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 Wt1DATE () 1367 U.S. 17 South, Elizabeth City, North Carolina 2790 Phone: 252-264-39011FAX: 252-264-37231Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight EXEMPT DARE COUNTY TAX COLLECTOR do. 619-93 Eaclse Tax BK848PGU19j F 11-17 D '93 FED 11 f fl 3 tit Iti•:CIS tr.; ..2 !:DS recording Time, Book and 'jo I TaxLot No............................................................................. •........ Parcel Identifier No. - .............. . . . . .... ........... .... ......... ......... Verifiedby........................................................................ County on the ....... -... day of ..... ...... ...... .... ....... ............... ........, Is .......... by......................................................... ..--...............................................................::................................................................................. Merrell 6 Barnes, Attorneys at Law Mallafter recording to ...................... ......................... ..... ......................................................................... ................ :..................................................................... k...0......R9R._1775,. Nags _Nea_dt, NC 27959.... ........ .... ............. ....... ....... ........ This instrument was prepared by .....................................Dan L. Merrell Brief description for the Index - na.rvl in a\rnn, Kinnakaof• munchD -� _ NORTH CAROLINA G13NERAL WARRANTY DEED --- Ld THIS DEED made this ..... II?7.... day of ...... .,4.42,tt d.x%...... ............ .... 19.9..3., by and between GRANTOR ' WALLACE L. BECKHAM and ANN L. BFL7QIAM of P.O. Box 220, Avon, NC, TRUSTEES OF THE WALLACE L. AND ANN L. BECIOM REVOCABLE LIVING TRUST, dated March 17, 1987 GRANTEE Cutty Sark Development Corporation, a North Carolina Corporation P.O. Box 220 Avon, NC 27919 Enter In appropriate block for each party: room, address, and. If appraprlatr, chamrice of truly. a,,. eorporailan br p.,in... hip The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors, antTassigns, and shall include singular, plural, masculine, feminine or neuter ns required by context. WITNESSETH, that the Grantor, for a valuable consid.rnlitm paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presence does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or panel of land situated in the Cafxwf Village of Avon Kinnakeet Township, Dare County, North Carolina and more particularly doarr'ibed as follows: See attached Exhibit '.'A" y r„Ilan\w_ Pam G,Ji 1916. R"Q11 1 IWJ ,�.. ...... ?0 04 I:K048n,,0193 The property hereinabove described was acquired by Grantor by Instrument recorded In..Bock...Cr25..... a..page...30.0.......... ..:............:......Dare:CoeRttY... Registry................................................................................................................................................:........ A map showing the above described property Is recorded in Plat Book ...................... ......... pnge....................... . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. - — And the Grantor covenants with the Grantee, that Grantor Is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and -- defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herelmhove described is subject to the following exceptions: IN WITNESS wneaeop, Me emitter his he...at. !et his hand and Seal, or :o rPonae, n.v -uses mY In.bnment le b : I`nea In lu larPOtate name by III dub aath.r6ed officeis and IY eel la be hereunto aUhad by c.,PO, 1 he a0vd of is his On, Me SO in Solyeaat abayewrlllen. r............................................................... (CarPonle Nama) (•j - --(SEAL) Wa lace L. Beckham, Trustee By ............... lb L.._ � ............................Pleeldent fVltt L. Bee stee ATTEST: (COrrolel[ ![vll Oc e ------------- .. .. ..(SEAL) .y .I .; d!! •�"•.. 8CA4 TAn "'• _................. P.r.,..,•.•p4�j�MN6ET11 CAnOLINA. ....> Z'x. CaunlY. of �.•'v.•.. •. �i �'.'}'.f. a ��y' T.A yj • _khNaq Public f the caanl .nd aloe nm,emm, daily (bat _ %g., o. Y•. < 4c\- r Wallace L, Beckham aar7d Anna, r Trustee of the Wallace ___L__._an_d___ Ann ___L__:__Beckham __Revoc__a_b__1_e _Li`rl g l•':W.p.O tT n. j'k ... GTaT,lor, 'i'ciisf."iia£eii"Mardi"i7"..1T1A7'---- ;,; t•P V'B L`6j�I a Plnonafly appeared before me Mi. day Uand acanowleelld'he 1--lau0a at Me role[-]-[ lastfnment, WM,m my o.:,y7 r•'• a ; Sj a hand and oYlelel stamp ar teal, this .IIL-.. ear or ........... Uy L. r..r e0U `:,.. ndr c-mmlaron e:rtrea: ......j...' �u.(.. f # - - '.""""" -.-. NaYry Punlle .._ _ SEA46rAtlP NORTH CAROLINA.................C..,RY. 1, a NOY[Y Public et lne count end tittle alarenld, eerlllY lbal......................................... v P[nan.as acme before me this day and arhnowlld[ed ,,at ._.. be Is ........................... 6eeletab of n 'a ...................................................-... a North Carnlh,v eogmeallal4 and that by au@orltY duly - m[teen and as be art of the ....mnlron, the f..... Me "U"camt wa O[ned In IY carol by IY . , _______ Preatdenl, tested with It, ..rpoeale seal and attested by ......_.... p at IY ...... p. Witness MY hand and olflclal stamp-111.1. lhle .......dais of ........................... 1l......... >b c-mnnulen exnlre.: ..... The rorr[om[ ........-0)...•. Y...f h.�t. _..�......................................................... ...... [Late ..certified h.... to be collect. rnla Inslrum -In,, a-1..'h d Par, • rtnt roe ner[-1, a\.nd U,If ceNlflaY ore duly re[Ifler<e at the sae and lime and In the RaaY and pale q,Own nit lne -Liz 6-5 (� a- - ------ - -----------REGISTER or nEl:DS rDR. __ ____ _ MAY a-LL. �. v. O. J. .....COUNTY BY "" "" •�'9-ImtYiAfilflanl• ^'--- ae[YYr of Odetlf •.• ,••` �•. .•. �.. cu�a 19[I •,-,••wam. .,.m. gLun.wn.M C]10! BK848rao194 (4 . . EXHIBIT "A" All that certain tract of land lying and being in or near the Village of Avon, Kinnakeet Township, Dare County, North Carolina, and bounded as follows: Beginning at an iron pipe located and being in the North line of Hatteras Colony, Section 3, Village of Avon, said beginning point being located 181 feet, more or less, from the West margin or right of way of N.C. Highway No. 12, at Avon, and also being lbcated on the South margin or right of way of a 50-foot private road knam as Cutty Sark lane, as shown on map or plat of Cutty Sark Lane,Village of Avon, Kinnakeet Township, Dare County, North Carolina, prepared by Robert D. Kramer, Jr., Registered Surveyor, dated December 11, 1975, said beginning point being also the East corner of* the - lot designated as Lot 8'on the aforesaid plat, and running thence from the beginning point North 20-deg. 30 min. East 50 feet across the said private road to an iron pipe located on the North margin of said private road; thence North 20 deg. 30 min. West 250.41 feet to an iron pipe located in the line of the Hatteras Colony Subdivision; thence along the line of Hatteras Colony Subdivision North 81 deg. 43 min. 36 sec..West 314.28 feet to a concrete - monument; thence North81 deg. 43 min. 36 sec. West 366 feet to an iron pipe or other marker -located in the line of Hatteras Colony Subdivision; thence cornering and running along said Hatteras Colony Subdivision line South 15 deg. 11 min. 46 sec. West 935.97 feet to a concrete monument located in the line of said Hatteras Colony Subdivision; thence cornering and running South 89 deg. 59 min. 17 sec. Fast 138.65 feet along said Hatteras Colony Subdivision _ _.. line to a concrete monument; thence continuing along said line South 89 deg. 38 min. 17 sec. East 251.37 feet to a concrete monument; thence continuing along said line South 88 deg. 55 min. 52 sec. East 225.28 feet to an iron pipe located in Hatteras Colony Subdivision line, same also being the South- east corner of Lot 11 on the plat by Kramer herei.nabove referred to; thence. North 20 deg. 30 min. East 565.55 feet to the point or place of beginning. For reference, see Book 625, page 300, Dare County Registry. Together with and there is also conveyed hereby a perpetual easement of right of way 50-feet in width for the purposes of egress, ingress and regress over and along the following described parcel of land; A certain parcel of land lying and being in Kinnakeet Township, Dare County, North Carolina, near the Village of Avon, and being a part of the subdivision known as Hatteras Colony, Section Six, of the Hatteras land Corporation, as shown on map or plat thereof dated November 25, 1966, by Baldwin 6 Gregg; Engineers and Surveyors, said map being duly recorded in Nap Book 3, page 13, of the Dare County Registry, and being known as riot No. 6. For reference, see deed in Book 190, page 851, Dare County Registry. Being the lands conveyed to George Hale limited by Southhold Realty Corporation, deed filed. of record in the office of Register of Deeds of Dare County, N.C. tJARpLIMA < 7lrxctlefax G' ` ktY•6't5 lr-� 1120.00 c - P.a.lalli '— teen. Tar Tax Lot No...... Verlded by ...... by.................... DrL1001G054G FILED '85 NflY 8 PM 4 48 DORRIS A. FRY REGISTER OF DEEDS DARE COUNTY, N.C. Rxording Time, Book and Pare .................. Parcel Identifier No. County on the ................ day of 191.1......... Mail alter recording, to ........... Herbert..L..:.Tho mm.,-Attorney-at..Lau.................................................................................._.. ............. ...................................... ......Pa..O., Box, 969.r.. Hencea.a._NC....27954 - This Instrument was prepared by Brief description for the Index Tracts or Pascale of lapd 1n Kinte set Township NORTH. CAROLINA GENERAL WARRANTY DEED THIS DEED made this ....7.th.... day of.............Pab=ry!.......................... .... 19....85..., by and between GRANTOR JOHN H. SITE and wife, BRENDA B. SIT2 GRANTEE SYDNET JAN MULDER P. 0. BOX 281 AVON, NC 27915 t Enly In rypruprnle hlat4 lvr eveh pair: to e, vddrer,, an:t 11 vpproprlvty, elumeter p1 <vlip. ae. evrPvrnlla, or pa.mnhim The desigoation Granter mid Grantee A. used herein .hall Include aaId Parties, their heirs, successors, and assigns, and Shall Include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does grant, bargain, sell and convey auto the Grantee in fee simple, all that certain lot or parcel of land situated In the City of ..:.. ..... ................. ............ ........ ... .... .... .......Kinnekeea.... ......... Township, ,DARE County, North Carolina and more particularly described AS follmre: Parcel A, Section 66 of the subdivision knew. ea "Hatter.. Colony", near the Village of Avon, a. shown an A map or plat thereof made by Baldwin 6 Gregg', Civil Engineers. dated Nov- ember 25. 1966, end duty recorded in Nap U..k 3. Page 13. Publte gegistry o1 pare County. North Caroline. Parcel BI Beginning At a conereta marker at As creek A..edi.- t.ly an the East side of Avon levy which join. the South I1ne bf C. R. Hooper 6elrs' home tract: thence running a South- erly course with the East side of the Avon levy, a distan.e of aixty (60) feet; thence running s East course approximately seven hundred . (700) feet to the Vest boundary line of Jame. McMullen and J. W. Scarborough tract of land; thence running a Northerly course along the West boundary line of Jame. McMullen and J. V. Scarborough tract of land to the South boundary line of C.e R. Hooper hearse home tract; thence running a West course with the South line of C. R. Hoopes heir.' hone tract to the point of beginning. This portion of land described 1s se portion of the very Game lend deed- ed to Calvin W. Mackin, from the State of North C... line the yearof 1956. (bail 1 . '- 1004 r;QA` 1AL Ll J , Bit 400pB0547: The property herelnabove described was acquired by Grantor by Instrument recorded In .............................................................. .Book_204d Page 339. end Book 230r Page 319. Dara County Public Aeglsety A map showing the above described property le recorded In Plat Book ....,_3................... pags.,,,•,..13,,,,,_,._,., - TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and np➢urtcamces thereto belonging to _ the Grantee In fee simple. And the Grantor covenants with the Grnnlee, that Grantor Is seared of the promisee in fee simple, has the right to convey the same In fee simple, that title is marketable and free and clear of all encumbrances, end that Grantor will warrant and "defend the title against the lawful claims of all person. whomsoever except for the exceptions hereinafter stated. Title to the property boreinabove described Is subject to the following exceptions: Subject to ad valorem taxea for the current year. Subject Co that. Declaration of Restrictions dated November 17, 1966, and recorded in Book- - 139, Page 576. Public Registry of Dare County, North Caroline. The .Grantees convey' only s one-half undivided interest in the real property identified as -- '- Parcel B. The Grantor expres'sely assumes the rights and liabilities &rising out of a pending law suit - regarding Parcel B. CH wrinaei wrmnror, tie onnmr a.. hereunto ..a rate bond. d , ee R fa1aarau. nee rap ua Imaument la ea N r u to at .....tver by m eov .u0am.a mn..n end m.ml u or Rtnoneo lu. 4 naNr ar tr R ea m..onn, me day .nd year Met .°see H.M..x'n' ..... .................................................. A _.._._._.._� ....___.__. _._. �.--.............19611W (Corporate Heart) t� o�A it Sit ... deed_..--- ..IeRAW 1 E....._.............. _Punsant Brands ➢. Site Aareera 9 ----------------------------------------------- _----------- (UMW "fie^ eeenMITlCa m .._.. rPanb C.W m 'n.., r.l .. •.i P deed . .............. ........ .j. '•' ��r'i.r ' "`BBA4.SMIP •l "� NORSR PAItoL[NA, __._._�,.,X.QYVf::..._.__eevaey. •.�' `e a •, .• , n J`r 1, . Neo-rrumle ea me e.vner and stew arer.wd, warm Iml JohO H.. artj.Syn.B➢d.ltlfe.a..-._ ydeed -deed... r,/ •;;,,, Brenda a B. Site p Personally .Dre.md before me able day and .osnerledead the retention at in. ronlem! RetrumenL will... no, IThand ad tl.mP.1.114 Me of d. _ _. Pell u_.8S. ., •.. •. .. .. .. _.._._deed '� rap mmmlul.n oPlnei. K. JY.)._..._. deed. ury raeM syt 4xrAMP NORTH CAROLINA, .- - - -. -Caton. 1, . it .... ..bit. of the Co.., and any. .lon..Id. «nary l..t......................... ................. .J PerWvllr - — - haler. my 'the day and .Ilm.ntat.d Coat . be a .. ..................ea.q er ...... .North Enron— ad nod by n1ao1111 dab 11'.. .ad by In. aa, at the urreutlon, an. WoPtn! Instrmnmt xn alma. In He now by ft......... . g Pnadu 1, armed wlm It. eNP.Mt. Ha end itened or . He ........................... CoortYb. G Nanan my hand end effleal aa.mr ar .eJ. NI. eddy ey .......... o .._.._.., b......... nb.ommaeea bell...I - ................. -....................................... Notary Cohen The b.goln! Cer I Init(q C ... -. -- zL i -c.a ......----•-•......................_--------........----------•------•....... , IU.n .Donee ee h. forme This Instrument .nC yd, «mlm.0 it. duty residents at me data and Half and In Wo Haoa end P.0 mown .n me Wp Datt year p / \I - • .0 \ �Ia-X ---- :'jW. t _........... MCHYT.R Hy ..CO. Pd . ...COVNTV /111 ] ^,, ... .. .. aY .-._..-...�L.. .L`�SY.1Cs.--.. \' f'Li.. L ..nerubATmRFalt• R1.1aler of Heed. RECORDED.�y�� N.C. Me, Anne. roan No OI111. R.rl.ed ulv. rp0..rxnn,4l m. Wa.n mane MtnM ae.nw I A..en.n—m.+tn er.rw,.nn ' PREPARED BY AND RETURN TO: John A. Hauney Book pass •'• 11j,; , Nags South NC 279n Highway, U9 Nags Hendr NC 27959 ,... _ s,:• , Y•� ' 10?A `v479 ides. • �(in� � >-•' �•• Parcel �:-i - FILED f'�("�,:L Y: -/�/_ G0�-91TY htl: .;,i''Trlr( BDAFEy f 01/29/96 3:20 FII NORTH CAROLINA 60RRIS A. FR.Y DARE COUNTY Re?ister Of Deeds THIS DEED made this the '19th day of January 199Qp ab r'itand between Cutty Sark D"evelopmeat Corporation, A North C9Mina Corporation, Grantor, to Wallace L. Beckham and wife, Ann L, Beckham, Grantee, of P. O. Box 220, Avon, NC 27915; THAT THE designation Grantor and Grantee eel used herein shall include said parties, their heirs, successors, and assigns, and 'hall include singular, .plural-, masculine, feminine or neuter as required by -context. --- — , W I T HE 8 8 E T H THAT the said Grantor, for good and valuable consideration to him in hand -paid by the Grantee, the receipt of which is hereby acknowledged,has bargained; -sold and conveyed, and. by these - - presents does_ bargain, sell and convey unto the said Grantee, his heirs and assigns,"all that certain lot or parcel of land lying and being in or near -the Village of Avan, Einnakeet Township, Dare County, North Carolina, and more particularly described as follows: See Exhibit A which is attached hereto and incorporated herein. - - TO HAVE ANDTOHOLD the above described lands -and premises together with all the privileges and appurtenances thereunto belonging unto the said Grantee, his heirs and assigns, in fee eim_ple forever. / AND THE SAID GRANTOR, for himself and his heirs, executors, administrators and assigns, covenants to and with the Grantee, his ' heirs and assigns, that"he is seized of said lands in fee, that he has a good right to convey the same in fee simple; that the same .a free and clear of all encumbrances whatsoever; and that he will forever warrant and defend the title to the same against the claims of all persons -whomsoever, with the exception of ad valorem taxes ' subsequent to 1995, and those zoning and governmental easements and restrictions appearing of record. The Grantees, by their execution of this instrument, acknowledge their receipt and recordation of this deed for the above -described property.with the intent to hold title to said property as joint tenants with right of survivorship. d n IN TESTIMONY WHEREOF the said Grantor has here:%RVo s.'P}:is hand and seal the day and year first above written. 10-V uu�3ttuu `C/OTTTY SARK,,DEEVELOPMENT CORPORATION '^' �oC �LAw-(SEAL) Wallace L. Beckham, President CAROLINA 1`, aa'+lv0 ary Public of the County and State aforesaid, certify that Ann L. Beckham personally came before me this day and acknowledged that she is Secretary of Cutty Sark Development Corporation, a North Carolina -Corporation, -and that by authority duly given and. as the act of •the-corportion, the foregoing instrument was signed in its name by its -President,- sealed with its corporate seal and attested by her as its Secretary. Witness my hand and official stamp or seal, this 'day of January, 1996. r+ 4� nou4u .h ar :'?•. `4,�a!iY���= �, Notary rujEjUc j ��',. ',•���'`"'� r._"f'i,,.... MY COMMISSION EXPIRES: d� • w: The are duly registered at the date and time and in the Book rand 1Pi shown on the first page hereof. REGISTER OF DEEDS -1116 �T' GISTE� OF DEEDS D'eVaT, a EXHIBIT A Book Pase 1030 0481 Beginning at an iron pipe located and being in the North line of Hatteras Colony, Section 3, village of Avon, said beginning point being located 181 feet, more or'less, from the West margin or right of way of N. C. Highway No. 12, at Avon, and also being located on the South margin or right of way of a 50-foot private road known as Cutty • Sark Lane as shown on map or plat of Cutty Sark Place, Village of Avon, Kinnakeet Township, Dare county, North Carolina, prepared by Robert D. Kramer, Jr., Registered Surveyor, dated December 11, 1975, said beinning point being also the East corner of the lot designated as Lot 8 on the aforesaid plat, and running thence from the beginning point North 20 degrees 30 minutes East So feet across the said private. road to an iron pipe located on the -- North margin of said private road; -thence North 20 degrees 30 minutes West 250.47 feet to an iron pipe located in -the -line of the Hatteras Colony Subdivision;, thence along the line of Hatteras Colony Subdivision North El..degrees -43 minutes 36 seconds West 314.28 feet to a concrete monument; thence North 81 degrees 43. minutes 36 seconds West 366 feet to an iron pipe or other marker located in the line of Hatteras Colony subdivision) thence. _ cornering and running along said -Hatteras Colony subdivision line South 15 degrees 11 minutes 46 seconds West 935.97 feet to a concrete monument. located Lin the 'line of said Hatteras Colony-- _ subdivision; thence cornering and running South 89 degrees 59 minutes 17 seconds East 138.65 feet along said Hatteras Colony - subdivision line to a concrete monument; thence continuing along said line South 89 degrees-38-minutes 17 seconds East 2-51.37 feet to a concrete monument; thence- continuing along said. line South 88 degrees 55 minutes- 52 seconds East 225.28 feet to an iron pipe located in Hatteras Colony subdivision line, same also being the Southeast corner of Lot 11 on the plat by Kramer hereinabove referred to; thence-North,20 degrees 30 minutes Saet 565.55 feet to the point or place of beginning. - For reference Be, Book184, Page 875, Dare County Registry. Together with and there is also conveyed hereby a perpetual easement of right of --way,-, 50-feet- in width for the purposes of egress, ingress and regress over and along -the following described parcel land: - A certain parcel of land lying and being in Kinnakeet Township, Dare County, North Carolina; near the Village of Avon, and being a part of the subdivision known as Hatteras Colony, Section Six, of the Hatteras Land Corportion, as shown on map or plat thereof dated November 25, 1966, by Baldwin 6 Gregg, Engineers and Surveyors, 1 said map being duly recorded in Map Book 3, Page 13 of the Dare County Registry, and being known as Lot No. 6. , For reference, see deed inBook 190, Page 851,Dare County Registry. Being the land conveyed to George Hale Limited by Southhold Realty Corporation, deed filed of record in the Office of the Register of Deeds of Dare County, N. C. - s f J FW: Curry Sark Development Subject: FW: Cutty Sark Development Date: Wed, 8 Sep 2004 07:55:47 -0400 From: "Tripp, Maria L." <maria.tripp@ncwildlife.org> To: "'Tere.Barrett@ncmail.net"' <Tere.Barrett@ncmail.net> Tere; I'm sorry for a late response to your email, but the address you have for me is old. Please send correspondence to the email address above. Also, I have that I responded to the Cutty Sark development with a "no comment" on 8/9/04. Since it was the due date, I faxed the sheet. From now on I will also send a hard copy through US mail. Thanks for your patience. Maria Maria Tripp NC Wildlife Resources Commission Northeast Coastal Region Coordinator 943 Washington Sq. Mall Washington, NC 27889 (252) 946-6061 ext.345 -----Original Message ----- From: Maria.Tripp@ncmail.net [mailto:Maria.Tripp@ncmail.net] Sent: Wednesday, September 08, 2004 7:50 AM To: maria.tripp@ncwildlife.org Subject: FW: Cutty Sark Development Subject: Catty Sark Development Date: Wed, 1 Sep 2004 13:33:49 -0400 From: Tere Barrett <Tere.Barrett@ncmail.net> To: Alan Klimek <Alan.Klimek@ncmail.net>, Maria Tripp <Maria.Tripp@ncmail.net> CC: Doug Huggett <Doug.Huggett@ncmail.net> Hey guys. I know this project hasn't been on the streets for long, but it has been process with the field for some time, and the app is chomping at the bit (aren't they all). Everything is in for this except Wildlife and 401. If you get a chance I would appreciate it. Thanks. Tere 1 of 1 9/8/04 8:32 AM permits Subject: permits Date: Thu, 19 Aug 2004 15:35:51 -0500 From: "Bland, Raleigh W SAW" <Raleigh.W.Bland@saw02.usace.army.mil> To: "Doug Huggett (E-mail)" <doug.huggett@ncmail.net>, "Tere Barrett (E-mail)" <tere.barrett@ncmail.net> Hope this finds yall doing well. We are way behind as usual. I am trying to clear some files. Hope these help. 200411641 Winfried Fettweis Nationwide Permit No. 10 200411640 Edwina Emerick Nationwide Permit No. 18 General Permit No. 78-80 200411632 Wilko Development No Permit Required 200411633 Kinnakeet Shores General Permit 78-56 200411637 Independent Props No Permit Required 200411635 Linda McGee No Permit Required 200411346 Cutty Sark General Permit 78-125 16August2004 18August2004 18August2004 16August2004 19August2004 18August2004 18August2004 Trying to get caught up. Know you are in the same situation. Talk to you later. 1 of 1 8/20/04 10:08 AM , MA r NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Ken Pace NC DOT, State Construction/Materials Branch Doug Huggett Major Permits Processing Coordinator Resources William G. Ross -A —Secretary . -- JUL 2 9 2004 D DISTRICT 1 OFFICE CAMA/DREDGE & FILL Permit Application Review Cutty Sark Development Corp., Major Modification #20-96 Cutty Sark Drive, Avon Bulkhead shoreline stabilization, boat ramp with drive, courtesy dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 2004. If you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: A 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. qIGNED �/A• / �� C 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX 252.264-3723 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer —30% Recycled by Fiber Weight NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 19, 2004 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Charlan Owens, District Planner Division of Coastal Management Doug Huggett Major Permits Processing Coordinator RECEIVED AK 1 2 2004 DIV.OF COASTAL MANAGEMENT RALEIGH CAMA/DREDGE & FILL Permit Application Review Cutty Sark Development Corp., Major Modification #20-96 Cutty Sark Drive, Avon Pam= ry Bulkhead shoreline stabilization, boat ramp with drive, courtesy dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 2004. If you have any questions regarding the proposed project, please contact Dennis Hawthorn 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. SIGNO DATE $``I - 0- - 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight ��� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett, DC Major Permit Coordinator l FROM: Charlan Owens, AICP, NE DCM District Planner Through: Ted Sampson, NE DCM District Manager SUBJECT: Major Permit Modification Request #20-96 by Cutty Sark Development Corporation to install bulkhead shoreline stabilization, a community boat ramp with gravel drive, and a courtesy dock along the shoreline of a man-made canal to the Pamlico Sound, West of NC 12 in the Cutty Sark Subdivision, Avon, Dare County. DATE: August 9, 2004 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2003 Land Use Plan certified by the CRC on July 24, 2003. Overview: The Cutty Sark Subdivision consists of 18 approximately one-half acre lots and includes approximately 1,400 feet of canal -front shoreline. CAMA General Permit No. 36574-A authorized construction of 500 feet of bulkhead along an upland portion of the canal, which was recently completed. CAMA Minor Permit No. 2004-55 was recently issued by Dare County to authorize construction of a 76 linear foot retaining wall along the canal adjacent to the Beckham residence, which is located north of the subdivision and owned by a partner of the Cutty Sark Development Corporation. The subdivision is currently undeveloped. The upland area of the site is approximately three to four feet above the Normal Water Level (NWL). The land surface consists of sand covered with Spartina patens, scrub grasses and shrubs. The majority of the canal shoreline is vegetated with this same mix of plants. The shoreline is vegetated with a fringe of coastal and/or freshwater 404 wetlands. The main canal is approximately 40 feet in width, with water depths an average of five feet. Water depths two feet offshore are approximately two to three feet in depth. No significant areas of submerged aquatic vegetation were observed along the shoreline. Evidence of shoreline erosion exists along the remaining unstabilized portions of the shoreline of the canal. Portions of this shoreline are being undercut and have eroded, resulting in some clumps of existing vegetation washing off into the canal. Improvements are proposed at the southwest corner of the subdivision and at the north side of the subdivision adjacent to the Beckham residence. At the southwest corner, bulkhead will extend approximately 120 feet to the south where a boat ramp will be constructed, then bulkhead will continue an additional 107 feet to the south and include a 10 foot long return wall. A 10 foot wide boat ramp with a three foot wide courtesy dock is proposed. The overall ramp 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10 % Post Consumer Paper North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 length will be 40 feet and the ramp will extend approximately five feet beyond the proposed bulkhead alignment into the canal. It is estimated that the ramp will extend 22 feet beyond the NWL. Eighteen feet of the ramp will be above the NWL. A 10 foot wide by 200 foot long gravel drive will be located within a 15 foot wide common easement and will connect the boat ramp to the cul-de-sac at Cutty Sark Drive. Parking will not be provided since the ramp is meant for subdivision use. A second bulkhead section is proposed at the north end of the main canal at the rear of the Beckham residence and will extend approximately 144 feet to the north. Both bulkhead sections will connect to existing bulkhead structures and will be located approximately at the NWL. The waters of the canal carry the same classification as the Pamlico Sound. The waters are designated as Coastal Waters and as Class SA waters, but are currently closed to commercial shellfish harvesting. The waters of Pamlico Sound are classified as Public Trust Area and Estuarine Water Areas of Environmental Concern (AEC). The property contains a Coastal Shoreline AEC that extends 75 feet landward of NWL and is within a Coastal Wetland AEC. No archaeological or cultural resource findings have been recorded in the immediate vicinity, however the potential for the existence of cultural or historical resources is possible. Anticipated Impacts resulting from this project are expected to include: the filling of approximately 400 sq. ft. of Upland/Estuarine Shoreline and the shading of approximately 81 sq. ft. ofi Estuarine Waters/Shallow Water Habitat associated with the boat ramp; and the disturbance of 57,930 sq. ft. of Estuarine Shoreline associated with the bulkhead tieback area and site grading. No excavation or filling of wetlands is proposed. The project will not interfere with adjacent riparian access, public trust, or navigational concerns along the canal. Basis for Determination: The Dare County Land Classification Map identifies the site area as "Limited Transition" and "Community". The site is within Areas of Environmental Concern (AECs) therefore the "Conservation" classification also applies. The following are LUP policies that may be applicable to this request: Estuarine Waters/Shoreline: Policy #5, page 56. "Estuarine Shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Policy #6, page 57. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks in excess of CAMA 30-foot buffer rules should be promoted as additional methods for estuarine shoreline management in lieu of estuarine bulkheads along estuarine shorelines where these less invasive techniques would be equally effective in abating a shoreline erosion problem." 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanaaement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 3 Public Trust Areas: Policy #8, page 58. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Archaeological/Historic Resources: Policy #29, page 67. 'The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed" cc: John Thayer, Manager, CAMA Local Planning and Access Programs 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.necoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer-50% Recycled \ 10% Post Consumer Paper Mwe- b © JUL 22 2004 1-3 NCDENR FBSTOA FbCTIO►yOFFICE' North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 19, 2004 (l� MEMORANDUM: TO: Renee Gledhill -Early k NC Department of Cultural Resources FROM: Doug Huggett Major Permits Processing Coordinator T Co / /o , SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Cutty Sark Development Corp., Major Modification #20-96 Project Location: Cutty Sark Drive, Avon Proposed Project: Bulkhead shoreline stabilization, boat ramp with drive, courtesy dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 2004. If you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. RECEIVED REPLY: This office has no objection to the project as proposed. AUG 0 9 2004 This office has no comment on the proposed project. DIV. OF COASTAL MANAGEMENT RALEIGH 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 ( r i DATE - �_ — 1367 U.S. 17 South, E' beth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nocoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 30% Recycled by Fiber Weight JUL 2.9 2004 i NCDENR 2 North Carolina Department of Environment and Natural R0NMftT^*1,-v Division of Coastal Management - Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED AUG 0 5 2004 DIV. OF COASTAL MMAGEMENT Patty Fowler RALEIGH NC DENR - Div. Of Environmental Health Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review A 2 2 314 1[ Chtty Sark Development Corp., Major Modification #20-96 Cutty Sark Drive, Avon Bulkhead shoreline stabilization, boat ramp with drive, courtesy dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 2004. If you have any questions regarding the proposed project, please contact Dennis Hawthorn 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. AThis 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 7'.2 9 -J 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-37231 Internet: www.n=astalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight . It SO A'0 NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett Major Permits and Consistency Coordinator FROM: Mike Stre9i� DATE: July 27, 2004 RECEIVED JUL 2 8 2004 DIV. OF COASTAL MANAGEMENT RALEIGH SUBJECT: CAMA DREDGE AND FILL PERMIT Cutty Sark Development Corp. — Major Modification # 20-96 Dare County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. Ms/sw 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 one Phone: 252 726-7021 \ FAX: 252 727-5127 \ Internet: www.ncdmf.net N�orthCarollina An Equal Opportunity/ Affirmative Action Employer -509/1 u Recycled\10% post Consumer Paper Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 19, 2004 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries Doug Huggett Major Permits Processing Coordinator i 2721 QM,F-HABITAT CAMA/DREDGE & FILL Permit Application Review Cutty Sark Development Corp., Major Modification #20-96 Project Location: Cutty Sark Drive, Avon I da,.R (�Al� Proposed Project: Bulkhead shoreline stabilization, boat ramp with drive, courtesy dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 2004. If you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNET D�,E.+.tii� DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264.39011 FAX: 252-264-37231 Internet: www.ncooastalmanagement.net An Equal Opportunity \ Af iinna6ve Action Employer- 30% Recycled by Fiber Weight r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 19, 2004 JULil 3 02004 r„ r a„ c.)-A4WlIJUVI TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Morehead City DCM Mr. Jim Simons, Director Division of Land Resources Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review RECEIVED AUG 0 3 2004 DN.Of COASTAL MANAGEMENT RAL Cutty Sark Development Corp., Major Modification #20-96 Cutty Sark Drive, Avon Bulkhead shoreline stabilization, boat ramp with drive, courtesy dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 2004. If you have any questions regarding the proposed project, please contact Dennis Hawthorn 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. Z; This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Z%D� 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 k Internet: www.nocoastalmanagement.net An Equal Opportunity k Affirmative Action Employer —30% Recycled by Fiber Weight DIVISION OF LAND RESOURCES LAND QUALITY SECTION July 27, 2004 I • ' "y1w 1 TO: Doug Huggett Division of Coastal /Management FROM: Pat McClain Regional Engin Washingto egional Office RE: Comment on Major Permit Application Cutty Sark Development Corporation Avon - Dare County We have reviewed the referenced permit application and have the following comments. In July of 1992, an erosion and sedimentation control plan approval, for 8.3 affected acres, was issued to Mr. Wallace Beckham of Santee, South Carolina. This project was determined to be complete and the project file destroyed in January of 2001. On March 12, 2004, an erosion and sedimentation control plan approval, for 1.8 acres, was issued to Cutty Sark, LLC (Michael Atkinson, Member). According to the Financial Responsibility/ Ownership Form submitted with the plan, Cutty Sark, LLC, is the landowner. [A copy of the letter of approval was previously sent to you.] With the exception of the access for the boat ramp, the plans appear near identical although prepared by separate consultants. This all leads up to - this office has no record of ever issuing Cutty Sark Development Corporation an erosion and sedimentation control "permit". The statement in the project narrative, prepared by Environmental Professionals, Inc., that the applicant has the sediment permit is FALSE. The Applicant, Cutty Sark Development Corp., must submit an approvable erosion and sedimentation control plan for the area outside the road (Cutty Sark Drive) and the bulkhead. Another (could be a major one) problem area is ownership of the tract in question. State of North Carolina Department of Environment and Natural. Resources Washington Regional Office Michael F. Easley, Governor . DIVISION OF LAND RESOURCES LAND QUALITY SECTION 7uly 27, 2004 William G. Ross, Jr., Secretary Cutty Sark Development Corporation ATTN: Mr. Wallace Beckham, Registered Agent p0si_OffW&R0x_220 Avon, North Carolina 27921 RE: Cutty Sark Drive Drainage Basin: Pasquotank Dare. County Dear Sir: As an agency involved in the Division of Coastal Management's major permit application review process, we have determined that more than one acre will be disturbed by the activities as described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion and sedimentation control plan must be submitted to and approved by this office before development begins. The requiring of an erosion and sedimentation control plan is based on a mandato1y standard for land -disturbing activity of the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4) and 113A-54(d)(4)], which states: No person shall initiate any land -disturbing activity, if at least one acre is to be uncovered, unless an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved. The plan must be submitted at least thirty (30) days prior to project commencement. The plan must include, but is not limited to, the following: 1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties which may be affected. Include contours if available. 2. Indicate critical areas such as wetlands, creeks, streams, drainage ways, marsh, etc. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946.6481, FAX 252-975-3716 e,. Cutty Sark Development Corporation ATTN: Mr. Wallace Beckham, Registered Agent July 27, 2004 Page 2 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. 4. Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas to be seeded, etc. 5. Include seeding and mulching specifications for both temporary and permanent stabilization. 6. Include any other pertinent information directed at controlling offsite sedimentation, slope degradation, and erosion. Please be advised that the plan will be considered incomplete, and the statutory review period will not begin, unless a non-refundable plan review processing fee, payable by check or money order made out to the Department of Environment and Natural Resources, is included. The amount of the fee is based on $50 for each whole or fractional acre of land to be disturbed (including offsite borrow or waste areas). To begin this project without the approval of an erosion/sedimentation control plan will be considered a violation of the Act and may lead to the assessment of a civil penalty of up to $5000 initially plus $5000 per day for each day the project is deemed in violation. For your convenience, we are enclosing a guideline for developing a plan. If you should have any questions, feel free to contact me. Sincerely, /It 2� 1 Patrick H. McClain, P.E. Regional Engineer Enclosures cc: Doug Huggett, Division of Coastal Management AG'� . NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 19, 2004 RECEIVED MEMORANDUM: JUL 2 3 2004 TO: Mr. William A. McNeil, Director Dry• OF COASTAL MANAGEMEW Division of Community Assistance RALEIGH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Catty Sark Development Corp., Major Modification #20-96 Project Location: Proposed Project: Bulkhead shoreline stabilization, boat ramp with drive, courtesy dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 2004. If you have any questions regarding the proposed project, please contact Dennis Hawthorn 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. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 'e, DATE ? — 2z — v 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX 252-264-37231 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight IWA A M NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM r rE1vE� Rtd�us� 2, 0 ?0a4 TO: Doug Huggett, Major Permits Coordinat r THROUGH: Ted Sampson, District Manager pFCO►�SH FROM: Dennis W. Hawthorn, Field Representative /W — DATE: July 15, 2004 J^� SUBJECT: Cutty Sark Development Corp.; Cutty Sark Subdivision, Dare County CAMA Major Permit Recommendations This project involves bulkhead shoreline stabilization, a boat ramp with a gravel drive, and courtesy dock along the shoreline of a man-made canal to the Pamlico Sound in the Cutty Sark Subdivision, located in the Village of Avon, in Dare County. The proposal is for the construction of approximately 371 feet of bulkhead for shoreline stabilization. Evidence of shoreline erosion exists along portions of this shoreline. The proposed alignment will approximate the Normal Water Level (NWL.) This alignment will result in the filling of no shallow water habitat or Estuarine Waters. The project has been been planned to avoid the filling of any wetlands. The proposed boat ramp and courtesy dock will not interfere with any (adjacent) riparian access, public trust, or navigational concerns along this canal. The ramp will also result in an insignificant amount of Public Trust water bottom being filled with the concrete ramp structure. Most of the structure will be excavated from high ground. The ramp placement will only result in excavation and fill of 50 to 60 square feet of water bottom. The proposed dock will not extend beyond the one-fourth water body width limitation. Stormwater and Erosion and Sedimentation Control approvals from the NC Department of Environment and Natural Resources have already been issued for this project. However, the addition of the boat ramp may require that these authorizations be updated to reflect the current status or scope of the project. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.ncooastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 30% Recycled by Fiber Weight Doug Huggett Cutty Sark Development Corp.; CAMA Major Permit Recommendations July 15, 2004 Page 2 Hatteras Island is known to be rich in archaeological or cultural resources. An inspection of mapping data on cultural resources revealed that no archaeological or cultural resource findings have been recorded on the available maps in the immediate vicinity of this project. However, these maps have not been updated in at least 10 years and the potential for the existence of cultural or historical resources is possible. According to standards in the North Carolina Administrative Code, Title 15A, Subchapter 07H, Sections .0207 and .0208, bulkheads, boat ramps, and docks are considered water dependent structures, and their uses have been found to, be acceptable within Public Trust Areas and within Estuarine Waters. These structures have also been found to be consistent with the Division's current buffer rules, 7H .0209 (d)(10)(A). In regard to these findings, I have no objection to the proposed development so long as the following conditions and Note are incorporated in the subject permit. 1] Prior to the start of construction, the Permittee shall schedule and coordinate a pre -construction conference, which will include DCM staff. The approved bulkhead alignment shall be staked within 30 days prior to the start of bulkhead construction, and this alignment shall be consistent with the approved platwork April 22, 2004, and stamped received by the Elizabeth City DCM Office on June 15, 2004. 2] No work, structures, excavation or fill materials will be placed at the work site or in any waters or wetlands, other than that work indicated on the approved platwork dated and referenced in the above condition, and approved by this permit. The bulkhead will be constructed prior to any filling activity, shall be structurally tight, and shall be consistent with the approved, referenced platwork. Fill material must be free from debris or pollutants, and obtained from an upland source. No excavation beyond the.approved bulkhead alignment is authorized. NOTE: Any future development on the permittee's property, other than that work authorized in this permit, may require modification of this permit or the issuance of a separate CAMA Permit. DWH/ybc cc: Raleigh Bland, US COE P.O. BOX 3368 KILL DEVIL HILLS, NC 27948 , TELE: 252.441r0239 FAX: 252.441W721 EMAIL: ENVIRONMENTALPRO@EARTHLINK.NET Tog- t klnf5 Falc 6 .' arf�n)iht° From: Pages: Phone: Date: Re: - CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Dare l;0dntY Local Government all iPpticil U*41ec.t pet P:.�Als grin . Pi 7, JUL 0 9 2004 COASTAL t4ANAGEMENT MI 17AUCTU GiTV CAMA MINOR DEVELOPMENT PERMIT, lawn : numl Resources and 00 Coastal Rmwces Commission for development In an area of eiivinemnevit concern laum!jt to Section 113A-31&of tim 2004755 0grmll:Number Gemml Statues,. Coastal Arm Managemenr 111 ILI.AiCE BECKHAM . authorizing development in --�.AVQNN.C. at WEST . SIDE )EN._ as. requested in' -the permittee's application, dated -3-04 6 This 4bject.to compliance With the application and site drawing (where consistent, -egulatloris4n4 special conditions and notes set forth below. Any violation of. tee to a-fin0i.impris6nment or civil. action, or may cause the ; permit to benull F1 t, issued on the permit), terms may rold.. All IPIDS d d?v associated construction must be.done in accordance -with Permitted 'op 6-3-04 w P' lat cLwj; work p (s)m received !the constriction ;mist conform to the N.C. Building Code requirements and all other lopaLState and. Fedtxal TegulaOons, applicable local ordinances and FEiAA Flood RepWons. Any-chinc of changeslrt the plans for devellopmeitconstruction, or land,use activities' will Aquire a rc,�q "'Aiaticafand;momeation of this permit. Conditions continued on second page r4otc.- Fallure'to comply wrWthe conditions oc standards of a CAMA Minor Permit may . y result in tl� issuance of a violation or revocation iff the permit. This pwolt action m; the'date of an epp'eal, cease until th.qaPpe* This officer wfIsii the po}ec 21W In issuing this permit the local Land Use Pla this pem* mri no('1 iy be appealed by the permitles or cow t�enly (M I . -- ) days of the Issuing date. Fran any limliconducted under this pornk must iris*ed i the p*d sb and a=SSbIG to 00 pefmit IS inspeded for CWVW=, ( Or V*d'MoRmlon not covered under lerwitton-pelmdappWAL ten ft pamit expim on December 31, the PIW is wnsistent with kffed to amen parry VAftut the of coasw mmwwt ,-7 Local Pan* Offia. (dgna*) CAMA Lmal Pamit Oftial L1;4'jtv4,j-,-zd Agee v -5.0' �P - Uplands WETLANDS BEGIN 6 LF. RETAINING WALL C STAL CANAL _.._NW,L_... _... � I 36 o ip Sam' O/o: EXI TINE DWELLING ', l ?ate, 1 37 in CIS C ' Ln Qo Ln b� Dm. c d AOwner: Wallace Beckham 38 c \ ''� 0 pevefoPme.,+ � ' �i BK848PCD19� t: FIUSD '93 FED 11 P11 3 lit EXEMPT OAR: COUNTY TAX COLLECTOR No. 6 19-93 Excise Tax necoming Time, Book and Page TaxLot No...................................................................................... Parcel Identifier No. .................. -..... ..........: .... .............. ..... Verifiedby........................................._............................ County on the ............ day of ......... ......... ....._................... .... .... 1 19 .......... by...... .............. .............................. ....... .... ......................... ............... .............. ......... .... ............... ._................... ..... ....................... .... ................ Harrel.l & Barnes, Attorneys at Taw Mall after recording W ................ ...... .................................... ._.. .................... .. .... ............... ............ .. _ ......................................................................................1',0....b9x..17,75.. Nag§._Head<. NC. 27959 .................................._................... This Instrument was prepared by .................... 'Dan L. Merrell Brief description far the Index _ Darrot in swan Rinnakraf Twnahp NORTH CAROLIN /A GENERAL WARRANTY DEED THIS DEED made this .....//!7.. day of......J.4Sl2up,1,�)._.................. Dl 93. , by and behveen GRANTOR MLLACE L. BECKHAM and ANN L. BECKHAM of P.O. Box 220, Avon, NC, TRUSTEES OF THE NALTACE L. AND ANN L. BbX1G1AM REVOCABLE LIVING TRUST, dated March 17, 1987 GRANTEE Q1tty Sark Development Corporation, a North Carolina Corporation P.O. Box 220 Avon, NC 27919 Enter in appropriate block for each party: name, add---, end. If appraprl.te. ch.... for of enllly, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, ¢nd'assigns, and shall Include singular, plural, masculine, feminine or neater as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the 6tlewf Village of Avon I , Kinrialteet Township, Dare County. North Carolina and mare particularly desvi ibed as follows: See attached Exhibit "A" x,�at_vra.w,id 1 lv)r u.wm,..... c..v ...,o,..�.—...a.w. 7f Z. 2004 OK848i,na193 IJ The property hereinabove described was acquired by Grantor by instrument recorded in..Book... k25..... r...page ...30.0.......... ........................................................................................................................................................... A map showing the above described property is recorded in Plat Book ............................... page........................ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. — - - — And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described Is subject -to the following exceptions: IN WITNESS n'l1EREOF, the Grant., has hereunto el his hand end Road. .1 It sarpenaq has n„11d tnlr Imllumeat to b: l .sd N It. corporate ... by It. duly .ulhorized officers and 14 Lest Io be beraWlo aU1.14 b9 Ihoeltr 1 It, Reud of Olnelon. Me do, nG year Iln{ shears wellten. .. �r (Corporate Nlmq a � {SEAL) > Wallace L. Eeckhatq Trustee arr............. .............................................. C, ________________ ___ _ _ _____ __ _(SEAL) ----------------------------President AM L. Beekh stet, wrrrsi: Y .............. ....e.,..... -sass.--sass.-....._..._ ............ 4:r^= ;'.s./xs/gm.r anmem. seen he C•AO.MhY;r>.. y: d.............................................................(SEAL) SEAtl�rA{IP,�,,•. t, `ei d'� Z{eRrll CAROLINA. ��................. ?=r loY•A RY`es Notary Public f the County t end smle ce U. w au .Wallace L;_Beckham and _Ann.[, � car Y a '.Eeckham, Trustee o£ the Wallace L'. and Ann L. Beckham Revtdrahie i.itriev, ..................."-_ <I 4 p U 8 L%VJ- . nennn.nr ..pane ...... me this day and aeanowl.dIldd me e.ernaon .1 be mr<Lolnr Ina.mm�{.9x•I ter.. for dd`I nand and ollleDl sins. e1 .cab this JJ]:.- daY of ... � - ' • ,\`d nlr eommlrslen exnlrn: ,sass./ v -..- Nsl+rr ranee COW SEAL-5TAalP NORM( CAROLINA. .C....... 1, a Notary Public of lb. C,MMW end Star. .1.1 ... IS. cerlllY thatas ..........................•..-•,-.._•.-_•, n<nontllY came helots me this dal end ukneorledLed that .__. So I.„-_-_•-__-_•____ 5nnlarY of Y •• ' -- .... North Carolina toraoulloo, and that b ---•---- Y authority duly as eR'en and as the art at the oerroulmn, u. lmeeome mcln:menl .cal .Iened In It. name by R. --------------- President, Sealed vRh Its Corporate cell and attested by ......................... sa a. 11... ivnrary. w'llneea MY nand and el(ICDI anmP or feel, lhn ...... day of _... _.- 1e..-.._... P............... ....... ...sass.. -........_..........----- Nolan' Public The foregoing Cori, le,(a) 1 ' -:..5 ._._ _. .. _. �.:. _ Q ........:i... -..: AC._ .................... :.. �� Q�s . _ bus_.. b: are nrtlfled 10 be cattle Th11 Initrum ",,I I.,. hnaoL 1.,e��\]/f��/l.�'nd InI. e<rnn -1. ter. du¢ 1.Llneled of V,e dale and Rme and In m. Cash an, Page absorb an in. ���-C•u"�"-`+" """V-�I � --- _-._.IIEO1aTER OF DEEDS POR. BY ......... �- � .._.—aolvty/Anhtanl- •---Register of asset ei.L.noM-q.ea•....1L1 a°uvnsie lurl.y.-,,,.wna.. ,n.a. gtero s. rat )1 OK848rc0194 )r . : BKHIBIT "A" All that certain tract of land lying and being in or near the Village of Avon, Kinnakeet Township, Dare County, North Carolina, and bounded as follows: Beginning -at an iron pipe located and being in the North line of Hatteras Colony, Section 3, Village of Avon, said beginning point being located 181 feet, more or less, from the West margin or right of way of N.C. Highway No. 12, at Avon, and also being lbcated on the South margin or right of way of a 50-foot private road known as Cutty Sark Lane, as shown on nap or plat of Cutty Sark Lane,, Village of Avon, Kinnakeet Township, Dare County, -North Carolina, prepared by Robert D. Kramer, Jr., Registered Surveyor, dated December 11, 1975, said beginning point beingalso the Fast corner of, the lot designated as Lot 8'on the aforesaid plat, and running thence from the - beginning point North 20 deg. 30 min. East 50 feet across the said private road to an iron pipe located -on the North margin of said private road; thence North 20 deg. 30 min. West 250.47 feet to an iron pipe located in the line of the Hatteras Colony Subdivision; thence along the line of Hatteras Colony " Subdivision North 81 deg. 43 min. 36 sec -West 314.28 feet -to a concrete - - - monument; thence North 81 deg. 43 min. 36 sec. West 366-feet to-ani iron. pipe or other marker located in the line of Hatteras Colony "Subdivision;_thenoe - -- - cornering and running along said Hatteras Colony Subdivision line South 15deg. 11 min. 46 sec. West "935.97 feet to a concrete monument located in -the line. of said Hatteras Colony Subdivision; thence cornering and running:.South 89 deg. 59 min. 17 sec. East 138.65 feet along said Hatteras Colony Subdivision line to a concrete monument; thencecontinuingalong said line South 89 deg. 38 min. 17 sec. East 251.37 feet to a concrete monument; thence continuing along said line South 88 deg. 55 min. 52 sec. Fast 225.28 feet to an iron pipe located in Hatteras Colony subdivision line, same also being the South- east corner of Lot 11 on the plat by Kramer hereinabove referred to; thence. North 20 deg. 30 min. East 565.55 feet to the point or place of beginning. For reference, see Book 625, page 300, Dare County Registry. Together with and there is also conveyed hereby a perpetual easement of right of way-50-feet in width for the purposes of egress; ingress and regress over and along the following described parcel of land; " A certain parcel of land lying and being in Kinnakeet Township,. Dare County, North Carolina, near the Village of Avon, and being a part of the subdivision lmown as Hatteras Colony, Section Six, of the Hatteras Land Corporation, as shown on sap or plat thereof dated November 25, 1966, by Baldwin & Gregg; Sngineers and Surveyors, said map being duly recorded in Nap Book 3, page 13, of the Dare County Registry, and being known as Lot No. 6. For reference, see deed in Book 190, page 851, Dare County Registry. Being the lands conveyed to George Hale Limited by Southhold Realty Corporation, deed filed "of record in the office of Register of Deeds of Dire County, N.C. J '^ STATU np gill'" Real Fshtd = Orin iAlp fad F:(..i^prJx a `=V Bai._ Tax Lot No. Verified by by................ Real. Tax__- lUx Dra 4 20p4 00f'G054G I '��h9_p I �G/,zq� Ty�E�1;cr11A' ; FILED "' { '85 My 6 PI7 4 49 i 11 DORRIS A. FRY .� REGISTER OF DEEDS DARE COUNTY. N.C. --- - Rac "11.9 Time; Book mus Pace — .................. Parcel Identifier No. County on the ................ day of is............ Mail after recording .to....._.....Sechart..L..:.Thom.ar:.A,torney..at,.Lea...................................................................................... ........................................ 9.r..Bax„969,,_Nen[e°z._NS..,, 27;954 - ..........._.................................................................................. This Instrument was prepared by ....... Herbert, L;,. Thomaes, MeneeoNQ 27954,,, ,•,,,,,,,,,,_„: Brief description for the Index _ ITracts or Parcels of land in Xinna set Township NORTH. CAROLINA GENERAL WARRANTY DEED THIS DEED made this ....7th.... day of ............. Febivarg ................... :.......... by and between _ GRANTOR I GRANTEE JOHN H. SITE and wife, BRENDA B. SITZ SYDNEY JAN MULDER i P. 0. BOX 281 AVON, NC 27915 Enter In appropriate mock for each pmlr: name, addrul, and, u amamiaty, Naraetm or eastY, aa. eo+pomllaa or parmumla The designation Grantor and Grantee ea used herein &hall include said parties, their heirs, successor,, and assign., and shall Include singular, plural, masculine, feminine or neuter oa required by context. , W(TNESSETH, that the Granter, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does grant, bargain, sell and convey auto the Grantee in fee simple, all that certain lot or parcel of land situated In the City of .... _........ I ................` Kinnakeet--- ......... Township, . sass .. ................... sass... I ........... I .... DARE ........................ County, North Carolina and more particularly described a, follows; Parcel A. Section 6. of the subdivision known ea "Hatter.. Colony". near the Vlllege of Avon, e. shown on a mep or plat thereof male by Baldwin 6 Crega. Civil Engineers, dated Nov- ember 15, 1966. end Only recorded in Help Book 3. Page 13. Public Registry of Der. County. North Caroline. Parcel B: Beginning at a concrete merkor at a creek immedia- tely on the East side of Avon levy which joins the South line of C. R. Hooper (tabs' home tract; thence running a South- erly course with tha East side of the Avon levy. a distance of sixty (60) fecal thence running a East course approximately seven hundred (700) feet to the Neat boundary line of Jame- McMullen and J. V. Scarborough tract of land; those. running a Northerly course along the Vest boundary line of James McMullen and J. N. Scarborough tract of land to the South boundary line of C.'R. Hooper heir.` home tract; thence cunning A Vest course with the South line of C. R. Hooper* heirs' home tract to the point of beginning. This - portion of lend described fa s portion of the very same lend deed- ed to Calvin V. Merlon- from the State of North Caroline the yearof 1956, h�aF 4w.m'_ee [w Mn.mrr. rzob.➢un. gn400PG0547: 4 ap The property herelnabova described was acquired by Grantor by Imtrument .....tied ix ................................ ,Book 204, Page 339, and Book 230, Page 319, Dare County Public Registry ......_..... ......... ...................................................................... _............ ......_................. ..:......:..:......:.......... ............ ...._..-................. A map showing the above described property is recorded In Plat Book ....... i.......................... page .... .._13............ _ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covennnls with the Grantee, that Grantor Is seized of the. promises in fee simple, ban the right to convey the some to fen simple, that title Is marketable and free and cleat of all enenmbrances. and that Granter will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptione hereinafter stated. Title to the property barelnabove described 13 subject to the following exceptions: - - - Subject to ad valorem taxesfor the current .year. Subject to that Declaration of. Restrictions. dated. November 17, 1966,.and recorded_ et Book 139, Page 576, Public Registry o£. Dare County, North Carolina. - - - - -- The Grantees convey only a one-half undivided interest in the real property identified As ---- - - Parcel B. The Grantor expressely assumes the rights and liabilities arising out of . -a pending lawsuitregarding Parcel B. W wrtx9ei wxsnavr, wa anal., her narvanw lot mf ha�M1e d al R cvrvawty. bar Ranked teal! Ivuvmedt le 1. 1 . r to IN - - eo,,.W. root by Ike date .uWarnae alnern fad Its .eat b be neleuYw (li ny .ullwYly Y w vRRr rRf Ultrewlr, NR N1 ee yeaR tNRI an red or, ,/�}�(/� t k... .... ...19P.AL1 (c.rpara. xaeY rj o H. Site _ By: .--- /1 __ f� .la : ------------------- Filament Brand . Sitz - aTTesit.............................................................IePAW .....in, (A ...... testae) a - "'9W4arMij � 'i Naarlt CALLCLIHAr ,.:a)( nPa�- ..._C....... x : •^� '1 t "l ,,.. • 1, . NaYq Puhlle of thv Camq vul nwb a.r.raa, wr111Y lnY ..Jq�hT_ Hy__R}•SgR.ipJd..]t1.p.C...._. •-,-. ::,,. -Hr-- - B. Site _______________________.-__..-.--...--.._._-__.._..__._-..-..__...__.____-audit!, rYwnuy .vvv.rRa before wa MIA eeY .ee acknowledged the execution of in. wrtiolpi betterment whlnen y pril. .. .. 1e_.85. Inn rnelw LCAL-[TAMP NORTH CAROLINA,-................... .. _Canny. 1, It N.wq Proud Of the Catny eM Lwb eww..M, earthy WY .- Nd b.navy u hm. enter. m. thin sm ay Rae attainder mat _... be N ........................... See ..... y .1 y...._.........................__----..__.__.._....... Ne.N Col.nm <trnnwuen..m at ey tutnmxy dour A %Ivan Rod at the tat of the eorpotw.n. Me rolv.emi m.uvm.m over signed In It. halo. or IN ............... wexdenL N.U. JULwof re:rody real and euuwd by ........... .n He........................... L.et.l..y. q .It..., my n.ne .na atnem .amr or real, rnN _----- err .f ........................... u..___.__. Ny Camel..... n."Ivl:. .. .. - . N.wty dean. The rvte.elnf Cott l leale(q I __-__fJ - _\_^______--______/__.___- ___ _____�(y�___ -(� __ _ ________•_•.__________ .__ _ �_ 1 'J-A-.QI -..��..f.11 .� 4 i `s.l.t.4lSi ..#-L�'V:f:. i.l :...... .... ._ ...................... 1Nit1a w11 mre .o-w.w a ea e. re rnx wmm ual .ne tttlllLh. wmu" * .ea emr ..[Nywa u a ue a.0 .ne e..he hl lut naen .ne Par, how. en 0. I hard. • er..l p ._ CA�L�... 5...nepuyAw++s>al nCOUNTY ...l u.xwa f area.e.._...... :.....a-RECORDED.�y�� N.C. no, A.re6 Fare We. l F ImL rorlo.d Ill!. • 100.1 M,MiM cd.,NC. Iq ndt 1e910 Nladl NC.fi.,. l MUMa,yv,e.q M1M[.b Rrnn,. t PREPARED BY AND RETURN TO: Book John A. Nauney Pas- South Highway, R9 .. s _,..., :.- i �. �- iu'�7 ir'i79 -, ' '- �/. Naga Naga Head, NC 27959 NC 279n � 0 7-.,jni, Parcel t ii: $'4-i :'; FILED `"°l-i, f'll�,��.1'4 I. t ` OAT.COUNTY td: 1, v i�L=�It �i%''• 011291% 'a:20 PM NORTH CAROLINA DORIS A. FRY DARE COUNTY ke3ister Of Deeds THIS DEED made this the i9th day of January 199 �tand between Cutty Sark D'avelopmeut Corporation, A North Mina Corporation, Grantor, to Wallace L. Beckham and wife, Ann L. Beckham, Grantee, of P. O. Box 220, Avon, NC 27915; THAT THE designation Grantor and Grantee aslused herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural,- masculine, feminine -or neuter as required by context. W I T N E S S E T H THAT the said Grantor, for good and valuable consideration to him in hand paid by the Grantee, the receipt of which is -hereby acknowledged,_ has _bargained, -.sold and conveyed, and by these presents Bode bargain, sell and -convey unto the said Grantee, his heirs and assigns, all that certain lot or parcel of land lying and beingin-or- near. the Village of Avony Hinaakeet Township, Dare County, North Carolina, and more particularly described as follows; See Exhibit A which -Is attached hereto -and incorporated herein. - TO HAVE AND TO HOLD the above described -lands and premises together `with all the privileges and appurtenances thereunto belonging unto the said Grantee, hie heirs and assigns, in fee simple forever. / AND THE SAID GRANTOR, for himself and his heirs, executors, administrators and assigns, covenants to and with the Grantee, his heirs and assigns, that -he is seized of said lands in fee, that he has a good right to convey the same in fee simple, that the same are free and clear of all encumbrances whatsoever, and that he will forever warrant and defend the title to the same against the claims of all persons whomsoever, with the exception of ad valorem taxes subsequent to 1995, and those zoning and governmental easements and -- restrictions appearing of record. The Grantees, by their execution -of this instrument, acknowledge their receipt and recordation of this deed for the above -described property.with the intent to hold title to said property as joint tenants with right of survivorship. 1 1 - J i� d' N IN TESTIMONY WHEREOF the said Grantor has here ewwtt�yis hand and seal the day and year first above written. tt `C/UTTTY SARK DEVELOPMENT CORPORATION '^' Q�96L -,SEAL) Wallace L. Beckham, —President CAROLINA If, �K,,Notary Public of the County andStateaforesaid, certify that Ann L. Beckham personally_ came before me this day and acknowledged _ that she is Secretary of Cutty Sark Development Corporation,... a. North Carolina -Corporation,"and that ny authority duly given and as the act of the corportion, Ithe-foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her as its Secretary. Witness my hand and official stamp or seal, this day of January, 1996. -- .nmignn,,. �. ,'•vS*aY.'�r"s"` Notary Pq�ic r, MY COMMISSION EXPIRES: IOIo) �lo ? ! L 4111C1 are duly registered at the date the and time and in the Hook and P: shown on the First page hereof. REGISTER OF DHEDS GISTS OF DEHDS DEO (T f EXHIBIT A 8e0k page 1030 0481 Beginning at an iron pipe located and being in the North line of Hatteras Colony, Section 3, Village of Avon, said beginning point being located 181 feet, more or less, from the West margin or right of way of N. C. Highway No. 12, at Avon, and also being located on the South margin or right of way of a 50-foot private road known as Cutty• Sark Lane as shown on map or plat of Catty Sark Place, Village of Avon, Kinnakeet Township, Dare County, North Carolina, Prepared by Robert D. Kramer, Jr., Registered Surveyor, dated December 11, 1975, said beinning point being also the East corner of the lot designated as Lot 8 on the aforesaid plat, and running thence from the beginning point North 20 degrees 30 minutes East 50 feet across the said private road to an iron pipe located on the North margin of said private road; thence North 20 degrees 30 minutes West 250.47 feet to an iron pipe located in the line of the Hatteras Colony Subdivision; thence along the line of Hatteras Colony Subdivision North 81-degrees 43 minutes 36 seconds West 314.28 feet to a concrete monument; thence North degrees 43. 81 minutes 36 seconds West 366 feet to an iron pipe or other marker located in the line of Hatteras Colony subdivision; thence cornering and running along said Hatteras Colony subdivision line South 15 degrees 11 minutes -46 seconds West 935.97 feet to a concrete monument located in the line of said Hatteras Colony - subdivision; thence cornering and running South -89 degrees 59 minutes 17 seconds East 138.65 feet along said Hatteras Colony subdivision line to -.a -concrete monument;- thence continuing along said line South 89 degrees-38 minutes 17seconds East 251.37 feet to a concrete monument; thence continuing along said. line South 88 degrees 55 minutes -52 seconds East 225.28 feet- to -an ironpipe located in Hatteras Colony subdivision line, same also being the Southeast corner of Lot 11 on the plat by Kramer hereinabove referred to; thence North 20-degrees 30 minutes East 565-.55 feet to the point or place of beginning. For reference see Book. 184, Page 875, Dare County Registry. -Together with and there is also conveyed hereby a perpetual easement of right Of way. 50-feet 'in width for the purposes of egress, ingress and -regress over and along the following described parcel land: - A certain parcel o£. land -lying and being in Kinnakeet Township, Dare County, North Carolina, near the Village of Avon, and being a part of the subdivision 'known as Hatteras Colony, Section Six, of the Hatteras Land Corportion; as shown on map or plat thereof dated November 25, 1966, by Baldwin 6 Gregg, Engineers and Surveyors, said map being duly recorded in Nap Book 3, Page -13 of the Dare County Registry, and being known as Lot No. 6. For reference, see deed ineook 190, Page 851, Dare County Registry. Being the land conveyed to George Hale Limited by Southhold Realty Corporation, deed filed of record in the Office of the Register of Deeds of Dare County, N. C. Form DCM-MP-1 APPLICATION -J' ^ Z004 (To be completed by all applicants) �� Fu17ABC-TH CITYC 1. APPLICANT a. Landowner: Name Crtty Sark Develonment Co Address PO Box 220 City Avon State NC Zip 27948 Day Phone 252-995-5648 Fax use a1*ent's fax number b. Authorized Agent: Name Environmental Professionals, Inc Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone 252-441-0239 Fax 252441-0721 c. Project name (if any) Cutty Sark Development Coro NOTE. Permit will be issued in name of lrmdowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County b. City, town, community or landmark c. Street address or secondary road number Hwy 12 • cuTi�(c�gQr f72� ig SQpF &9a.1VIZO d. Is proposed work within city limits or planning jurisdiction? _ Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pamlico Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Modification of the existing permit for Disturbance within the AEC for subdivision and to construct a boat ramp ramp access and W ft long vin 1 bulkhead along east side of canal. ( WK CTF Q-51-FT OF b. Is the proposed activity maintenance of an existing project, new work, or both? both c. Will the project be for public, private or commercial use? Community d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See Attached Narrative for nroiect CAMA MAJOR NARRATIVE Cutty Sark Development Corp. �'. 311N J � 2004 J SlaL MANAGE ENJ' irLIZ,46ETH CITY` PROPOSED ACTIVITIES • Construct 458 LF of vinyl bulkhead (includes two 10 LF retain walls) • Construct community boat ramp and gravel access • Construct 32 ft X 3 ft wood walk/pier along boat ramp • Land Disturbance within the AEC for bulkhead backfrll activities and grading for"the low density subdivision consistent with the NCD WQ Stormwater permit and approved NC DLQ sedimentation and erosion control plans. The applicant's property exists as a proposed 18 lot subdivision that has received preliminary approval by Daze County. A state-stormwater permit and sedimentation and erosion control permits have previously been approved. The intent of the CAMA Major modification is to stabilize the shoreline, receive authorization for land disturbance within the AEC and construct a boat ramp for the proposed subdivision. The modification will provide water access and stabilize the highground shoreline from the recent dredging activities consistent with the existing CAMA Major. This bulkhead request from the developer will allow for the bulkhead to be constructed prior to conveyance of individual lots, and will allow for the development activity to be permitted and constructed under one permit, thereby requiring less reviews by the agencies involved. The disturbance within the AEC will allow for Low Density Subdivision Stormwater Best Management Practices to be constructed per approved plans by NCDWQ.- This disturbance will also cover any grading activities associated with the bulkhead construction, site restoration and preparation for homesites, and right of way swales within the AEC. _ *** The former spoil site will be abandoned, graded, vegetated and become homesites, Septic areas will be prevented from being placed within the former spoil area by Dare County Health Dept. ***No 404 wetland areas will be filled, disturbed or impacted by this project. ***No houses or residences, septic systems or driveways are proposed or authorized within the 75 ft AEC by this application or permit Environmental Professionals, Inc. Kendall Tumage 4/25/04 MAJOR PERMIT FEE MATRIX Applicant: Cutty Sark Development Corporation 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: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: 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). For Private non- cEl ommercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3301 (see attached) can be applied: III(B). For public or commercial development, if $400 100% ($400) 0% ($0) General Water Quality Certification No. 3301 (see attached can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ❑ • Quality Certification No. 60% ($240) 40% ($160) 3301 (see attached) cannot F$409 be applied: IV. For development that El involves the filling and/or 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: 25 V � / 7- . J C _ S ER: COMPLETE THIS SECTION Me an cc G. Vletii Its 1 2 arid late r tintyour narre and address n the reverse %86 that we can 17011,1113 the card!to you. :11 Attach this card to the back of -the millplers or . 1116 front it space permits.. on le.dole Addrassedto: William T. and Lori 3. Olander i 846 Newberry Court Schaumburg, IL 60173 I D; Ts delivery address; different from -item KYES, enter delivery address below: 3, Saivice Type Cartifiedhiall M Express Mall Registered [3 Rdbm Recalpt.for Merchandise [3 insuraii.maii 13 C.O.D. 4. Restricted'Dellyery? (Ed.ra Fes) E3 yes 2. ArticleNumber (7iFslarfrom spIvjqo labalt ... I 7004 0580 U001 2597 7046 Ps F61nill-3n,Addustoudi, I ..,X I . ' I Domestic Return R* acelpt 2ACPRl-03-Z098S, .. i 2 AtuillWil 136517191613 Uellvery ill cesirea. Print s Yddr name and addresslon the reverse Agent go}hot we can return card loyou. � E3 Address is IN Attach Iscir 4ofhebacKdf the mallplace, or on this f r6nt if space permO. B. Received by (PrInted Name) '7SQS5?A: A,-V� _go, C. Date of -0 ery D. is delivery address dt1grentfroMiteRi7 Dyes EINo Joseph A. Klee & Margaret M. Hughes X MAY P.O. Box 481 Avon, NC 27915 3. Senfidal Type, Certified Mall Ml Exo all i - ------ Registered ' E3 Return Receipt for Merchandise ❑ Insured Mail T3 O-.O.D. 4. Restricted Delivery? (Extra Fee) C3 yes Z.ArUcle NLkmber J(rranqfer ixotiseM.ce faSsy*, 7004 0550 ODGI.2597 7053 PS Form 3811, August 2001 Dcuiestlo-'Return Receipt jACPHK3.Z.06 'RI 2004 P NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary FAX MEMORANDUM TO: The Coastland Times Manteo, NC 27954 FROM: Yvonne Carver (( `v Administrative A`Sgistant DATE: July 19, 2004 SUBJECT: Public Notice — Cutty Sark Development Corp. Please publish the attached Notice in the Thursday, July 22, 2004 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jay Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer —30% Recycled by Fiber Weight ✓- h '-, J K NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental concern as designated under the CAMA was received on June 15, 2004. According to said application, Cutty_Sark Development Corp. proposes to construct a bulkhead, boat -ramp, and courtesy dock at Cutty Sark Drive in Avon, Dare County.._ _- A copy of the entire application may be examined or copied at the office of Dennis - Hawthorn, Field Representative 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 Charles S .Jones;=Director; Division of Coastal Management, 1638 Mail Service Center, Raleigh,'NC 27699, prior to August 11, 2004, will be considered in making the permit decision. Later"comments will be accepted and considered up to the time of -permit decision. Project modification may occur based on review -and comment by the public and state andfederalagencies. Notice of the permit decision in this matterwill -- --- be provided upon -written request PLEASE PUBLISH ON__THURSDAY, JULY 22, 2004 A�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 19, 2004 Mr. Kendall Turnage Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948 Dear Kendall: RE^rNED JUL 2,0 2004 f COAS�p F "GEMEMFi The Division of Coastal Management hereby acknowledges receipt of the Major Modification Application for Cutty Sark Development Corporation (#20-96) submitted for State approval for development of property located at Cutty Sark Drive, in Avon, Dare County. It was received complete on June 15, 2004, and appears to be adequate for processing at this time. Per 15A NCAC 07J.0405(e), the fee for a major modification is a total of $250; therefore, we are returning your check number 1985 for $400, and request that you resubmit a check for $250 to our Elizabeth City office. The projected deadline for making a decision is August 29, 2004. When such time is necessary to complete the review, an additional 75-day review period is provided by law. 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 the date received, you may request a meeting with the Director of Division of Coastal Management (DCM) 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 your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 30% Recycled by Fiber Weight Mr. Kendall Turnage Cutty Sark Development Corp., Major Modification #20-96 July 19, 2004 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 my field report and/or comments from reviewing agencies. Sincerely, Dennis W. Hawthorn Coastal Management Representative DWH/ybc Enclosure cc: - Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC Ted Sampson, District Manager, DCM, Elizabeth City, NC Cutty Sark Development Corp., Avon, NC CAIMA PERMIT APPLIED -:-FOR PROJECT: /lf( 4D 5 ffo RE[ /Nt i A 3 77 � �1�• /� i � i i li COMMENTS ACCEPTED �7H ROUGH APPLICANT: c v�Ti 7 S� gGI �JEyL L �/�iyle NT Ryo,l, NC .279Yf .95-2— FOR MORE 'DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: l3� r? i Cutty Sark Development Subject: Catty Sark Development Date: Wed, 01 Sep 2004 13:33:49 -0400 From: Tere Barrett <Tere.Barrett@ncmail.net> To: Alan Klimek <Alan.Klimek@ncmail.net>, Maria Tripp <Maria.Tripp@ncmail.net> CC: Doug Huggett <Doug.Huggett@ncmail.net> Hey guys. I know this project hasn't been on the streets for long, but it has been process with the field for some time, and the app is chomping at the bit (aren't they all). Everything is in for this except Wildlife and 401. If you get a chance I would appreciate it. Thanks. Tere 1 of 1 9/1/04 1:34 PM NC DCM Permit Activities Database Digital Pictures Archive Page 1 of 2 ID: 5 Login Name: TereB User Name: Tere Barrett Access: 4 PWD Exp.: 351 days. NC DCM Permit Activities Database Digital Pictures Archive: Picture Id # : 6730 Upload Date & Time: 7/26/2004 11:45:28 AM Permit Number: NA Violation No: NA Photographer: Dennis Hawthorn Image Date: 07/02/2004 Reason for Visit: Major Permit httv://dcm2.enr.state.nc.us/vad/digital nic/wrauner.asv?FileID=6730 8/10/04