HomeMy WebLinkAbout96-13 Barrow, KerryPermit Class
NEW
Permit Number
96-13
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
MCENED V erm tt
SEP 16 2013 for
X Major Development in an Area of Environmental Concern
DC4d-!t" DC,,Ty pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Kerry Barrow, Executor (Estate of Mary Bruce Dowd), 503 Southwest 23rd Place, Gainesville, FL
Authorizing development in Dare County adi. to the Roanoke Sound. at 247 Mother
Vineyard Rd., in Manteo , as requested in the permittee's application dated 5/6/13, including the
attached workplan drawing (1). dated revised 4/23/13
This permit, issued on August 13.2013 , 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
ue suu)Jcct to Imes, mtprwinnunt or ctvu action; or may cause me permit to oe nutt ana vow.
Shoreline Stabilization
1) Unless specifically altered herein, this permit authorizes only the construction of the bulkhead that is
expressly and specifically set forth in the permit application and workplan drawing.
2) The alignment of the permitted bulkhead shall be staked by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of any construction.
3) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings
and shall be constructed in a straight line between the comers of the two adjacent bulkheads.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2016
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.
Br n C. Davis, Director
of Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Kerry Barrow
Permit # 96-13
Page 2 of 2
ADDITIONAL CONDITIONS
4) T ad shall be structurally tight so as to prevent seepage of backfill materials through the
s
5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation landward of the authorized
alignment is permitted except for that which may be required for the construction of the bulkhead wall,
riprap, deadmen cables, etc.
6) All backfill material shall be clean and free of any pollutants except in trace quantities.
7) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
11) No Coastal Wetlands shall be excavated or filled, even temporarily.
12) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.
13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
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. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
201301153.
Permit Class
NEW
Permit Number
96-13
STATE OF NORTH CAROILINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Verm't
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Kerry Barrow, Executor (Estate of Mary Bruce Dowd), 503 Southwest 23`d Place, Gainesville, FL
Authorizing development in Dare County adi. to the Roanoke Sound, at 247 Mother
Vineyard Rd. in Manteo as requested in the permittee's application dated 5/6/13, including the
attached workplan drawine (1). dated revised 4/23/13
This permit, issued on August 13, 2013 , 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 Iines, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization
1) Unless specifically altered herein, this permit authorizes only the construction of the bulkhead that is
expressly and specifically set forth in the permit application and workplan drawing.
2) The alignment of the permitted bulkhead shall be staked by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of any construction.
3) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings
and shall be constructed in a straight line between the corners of the two adjacent bulkheads.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2016
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.
Br r n C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Kerry Barrow Permit 9 96-13
Page 2 of 2
ADDITIONAL. CONDITIONS
4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation landward of the authorized
alignment is permitted except for that which may be required for the construction of the bulkhead wall,
riprap, deadmen cables, etc.
6) All backfrll material shall be clean and free of any pollutants except in trace quantities.
7) All backfrll material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
11) No Coastal Wetlands shall be excavated or filled, even temporarily.
12) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.
13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
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. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
201301153.
Doi "-1
APPLICATION for
Major Development
(last revised 12127106)
North
MAY 2 4 2013'
coASTAI. r, AINI'keEM[t,]T
ELI7AoFTH L,PY gg
I
9 ,Primary Applicant/Landownea'Infonnation
Business Name
Project Name (if applicable)
Estate of Mary Bruce Dowd: Bulkhead
Applicant 1: First Name
MI
last Name
Kerry, Executor (Estate of Mary Bruce Dowd)
Barrow
Applicant 2: First Name
MI
Last Name
John
Barrow
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
PO Box
City
e
503 Southwest 23rd Place
NA
Gainesville
rFL
ZIP
Country
Phone No.
FAX No.
32601
USA
352-376-9179 ext.
NA -
Street Address (ddifferentfrom above)
City
State
ZIP
NA
Email
jrbarrow@gmail.com
Agpnf/ContractorInformation
Business Name
Sole Proprietor
Agentf Contractor 1: First Name
MI
Last Name
John
M.
Robbins III
Agent( Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
NA
1415
Manteo
NC
ZIP
Phone No. 1
Phone No. 2
27954
252 - 423 - 0516
ext. NA
NA- ext.
FAX No.
Contractor#
NA
NA
Street Address (if different from above)
City
State
ZIP
NA
Email
johnmanteo@gmail.com
<Form continues on back>
n r--r% mx tcr)
MAY 2 4 2013
COASTAL MANAGEME
ELIZABETH CITY
.,.1 1 '7
DCM: MP-1 APPLICATION
RECEnr)
JUN 17 2013
DCM-MUD CITY
247 MOTHER VINEYARD ROAD
Form DCM MP-1 (Page 2 of 4) _:J
RECEM i MAY 2 4 2013
APPLICATION for
ajor Development Permit
i
3. Roject Location JUN 17 2013
County (can be multiple)
St t Address
JStste Rd. #
Dare
r
247 Mr)jqKWoad - ----- _.. __ . _---__----
'NA
Subdivision Name
City 1 '"
State- -
Zip r
Mother Vineyard
Manteo
NC
27954 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
252 - 423 - 0516 ext.
NA,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Roanoke Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Roanoke Sound
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
Was []No
work falls within.
Manteo (Outside), Dare County Planning Department
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft)
approx. 271'
approx 152,024.4 (approx. 3.49 acres)
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NA, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
9' NAVD 1988 ❑NHW or ❑NWL
e.
Vegetation on tract
Wooded, grassy fields, and scrub brush
f.
Man-made features and uses now on tract
The property is divided by Mother Vineyard Road. The property west of the roadway bordering Roanoke Sound has 5
existing groins. These toe of these groins was constructed above normal water level. With
g.
Identify and describe the existing land uses adlacent to the proposed project site.
Single Family Residences
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
R-1
(Attach zoning compliance certificate, h applicable)
®Yes ❑No ❑NA
j.
is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ❑No ®NA
National Register listed or eligible property?
<Form continues on next page>
Form DCM MP-1 (Page 3 of 4)
MAY 2 4 2013�
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
❑Yes ®No
(ii) Are there coastal wetlands on the site? - -
❑Yes ENo
(Hi) If yes to either (i) or (i) above, has a delineation been conducted?
[]Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
The portion of the property west of Mother Vineyard Road contains an existing on -site
septic system.
o. Describe existing drinking water supply source.
The portion of the property west of Mother Vineyard Read contains an existing well.
Central water is available to the site.
p. Describe existing stone water management or treatment systems.
There are no existing storm water management systems.
S. Acts sties and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment
®PrivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the bulkhead is to prevent further erosion of the subject property's shoreline and to the property of the
adjacent property owners.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The proposed vinyl bulkhead will be constructed with a light utility excavator equiped with a bucket, augor, vibratory hammer,
and a pile tamper. Additionally, a dumptruck will be used to haul fill material to the site, and a dozer will be used to spread
the material. The equipment will be stored on the existing cleared portions of the property.
d. List all development activities you propose.
Vinyl bulkheading, terminating the bulkhead into the waterward comers of the adjacent property owners' existing bulkheads,
backfilling, and minimal clearing of vegetation to allow for the installation of the bulkhead.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both, maintenance associated with
existing groins and new bulkhead
I. What is the approximate total disturbed land area resulting from the proposed project? 10,000 ®Sq.Ft or []Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
NA
i. Will wastewater or stonnwater be discharged into a wetland? []Yes []No ®NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA
j. Is there any mitigation proposed? ❑Yes []No ®NA
If yes, attach a mitigation proposal.
<Form continues on back>
L
Attachment: MP-t, 29 JUN 17 2013
There are five (5) existing groins located on the property. Dr"uK twn on the
attached survey. I have been unable to ascertain when these groins were constructed.
From conversations with adjacent riparian property owners and others it seems that they
may have been constructed in the early to mid 1990's.
I have asked CAMA to research the permits associated with these groins and it is my
understanding that CAMA has not been successful in locating them.
I will continue to do research on these groins from my end.
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additionallnforrnation
In adddion'to this completed'apprrcation form, (MP-1) the following items below, ff applicable, must be submitted in order far the application
package to.be'complete. Items (a) -'(0 are always applicable to any major development application.Please' consul the application'
instruction booklet on'how to. properly prepare Me requinzd items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name John F:. Wilson Jr. (Jack) " - . Phone No.
Address 255Mother Vineyard Road, Manteo, NC 27954 (POBox 721, Manteo, NC 27954)
Name Wendt K. Phillips (email: wendi@obxpamsail.com) Phone No. 252.475.1560
Address 238 Mother Vineyard Road, Manteo, NC 27954
Name - - - Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
See attached "MP-1, g."
h. Signed consultant or agent authorization form, if applicable.
i. Weiland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7, Certification and Permission to Enter on Land -
I understand that any permit issued in response to this application will allow only the development
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is t ful to the best of my knowledge.
Date May 6, 2013 Print Name n M. b ins III
Signatur
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development y
❑DCM MP-4 Structures Information
MAY 2 4 2013
I�
Govoni, Daniel
From: Bland, Raleigh W SAW [Raleigh.W.Bland@usace.army.mil]
Sent: Monday, August 12, 2013 7:41 AM
To: Govoni, Daniel; Wheeler, Tracey L SAW
Subject: RE: estate of Mary Bruce Dowd (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
SAW 201301153 Tier II PGP 198000291 Your Date
Thanks!
-----Original Message -----
From: Govoni, Daniel[mailto:daniel.govoni@ncdenr.gov]
Sent: Friday, August 09, 2013 10:56 AM
To: Bland, Raleigh W SAW; Wheeler, Tracey L SAW
Subject: estate of Mary Bruce Dowd
Can I get comments, applicant proposes a bulkhead with fill at 247 Mother Vineyard Road in
Manteo. thanks
Daniel M. Govoni
.Asst. Major Permits Coordinator
.NC Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
(252) 808-2808
(252) 247-3330 fax
daniel.aovonioncdenr.eov
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
Classification: UNCLASSIFIED
Caveats: NONE
t
r
RECEIVED
MAY 2 4 2013
COASTAL MANAGEMENT
ELIZABETH CITY
DCM: MP-2 APPLICATION
xscecv� �:
JUN 17 2013
247 MOTHER VINEYARD ROAD
F Er'F! /EJ
Form DCM MP-2
1. MAY 2 4 2013
EXCAVATION and FILL
(Except for bridges and culverts) COA.STd,L fti:11JA,OchdLidT
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Basure to complete; all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information._
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet
Agqcess
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
Width
Avg. Existing
Depth
NA
NA
Final Project
-
Depth
NA
NA
1.
EXCAVATION `'
®This section not applicable
a.
Amount of material to be excavated from below NHW or NWL in
b. Type of material to be excavated.
cubic yards.
c.
(i) Does the area to be excavated include coastal wetlandstmarsh
d. High -ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
- ❑WL ❑None
(it) Describe the purpose of the excavation in these areas:
2—DISPOSAL
OF EXCAVATED MATERIAL
®This section not applicable
a.
Location of disposal area.
b. Dimensions of disposal area.
c.
(i) Do you claim title to disposal area?
d. (i) Will a disposal area be available for future maintenance?
❑Yes []No [IRA
❑Yes []No ❑NA
(if) If no, attach a letter granting permission from the owner.
(i) if yes, where?
e.
(i) Does the disposal area include any coastal wetlands/marsh
f. (i) Does the disposal include any area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
[]Yes []No ❑NA
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
(i) If yes, how much water area is affected?
❑CW ❑SAV ❑SB
OWL []None
(ii) Describe the purpose of disposal in these areas:
dr 1
3. SHORELINE STABIUZATION % Z013 ❑leis section not applicable
(If development is a wood groin, use MP-4 — Structu* JUN
llllll a���a Type of shoreline stabilization: �. b. Length: 225'
®Bulkhead ❑Riprap ❑BreakwatedSill ❑Other--DCM.MHF*,AV t:
c Average distance waterwaro of NHW or NWL: 25' d. Maximum distance waterward of NHW or NWL 45
e. Type of stabilization material.
Vinyl Sheet Bulkhead
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 7,386 SF Riprap _
Breakwater/Sill __ Other
i. Source of fill material.
Sand Mine
4.
a.
f. (i) Has there been shoreline erosion during preceding 12
months?
®Yes SNo ❑NA
(if) If yes, state amount of erosion and source of erosion amount
information.
Please see attached narative.
h. Type of fill material
Sand
MTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
(i) Will fill material be brought to the site? SYes ❑No ❑NA b. (i) Will fill material be placed In coastal wetlands/mars
If Yf� submerged aquatic vegetation (SAV), shell bottom
other wetlands (WL)? if any boxes are checked. p
(It) Amount of material to be placed in the water 7 386 number of square feet affected.
(III) Dimensic ns of fill area 7,386 SF ❑CW ❑SAV _ ❑SB _
(iv) Purpose of fill OWL _ ®None
The area to be filled totals 7,386 SF. The material is to be (ii) Describe the purpose of the fill in these areas:
used to badkfill an area behind a proposed bulkhead. The
bulkhead and fill are needed as a result of storm damage to _
erosion and improvements of surrounding properties that -
have accellerated the erosion of the subject property.
or
the
S. GENERAL
a. How will excavated or fill material be kept on site and eroson
b. What type of oonstruetion equipment will be used (e.g., dragline,
controlled?
backhoe, or hydraulic dredge)?
The proposed vinyl bulkhead will be constructed and the fill
Bardkhoe, bulldozer, mini excavator with attachment for bulkhead
material will then be placed behind the bulkhead
construction
c_ (i) Win navigational aids be required as a result of the project?
❑Yes ❑No SNA
(l) If yes, explain what type and how they win be implemented.
d. () Win wetlands be crossed in transporting equipment to project
site? ❑Yes ❑No SNA
(if) if yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Project Name
Date Estate of Mary Bruce Dowd' Bulkhead
May 6, 2013 MAY 2 4 2013 i i
Form DCM MP-2 (Excavation and Fill, Page 3 of 3)
John M: Robbins III (Agent for Estate of Mary, Bruce Dowd)
icant SignatureIV
a
EMAY-24 2013]
ija
ADNR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
Estate of Mary Bruce Dowd
c/o Kerry Barrow
503 Southwest 23rd Place
Gainesville, FL 32601
Dear Sir or Madam:
Braxton C. Davis
Director
August 13, 2013
John E. Skvarla, III
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the
copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have
waived your right of appeal described below.
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 parry submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance requires additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. 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.
Sincerely,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net
An Equal Opportunity l Arfnna6ve Action Employer
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: The Estate of Mary Bruce Dowd
2. LOCATION OF PROJECT SITE: 247 Mother Vineyard Rd, Manteo, Dare County on
the Roanoke Sound
Photo Index — 2006: 183-7191 (N,15) 2000: 183-2138 (L,14)
1995: 183-1899 (1,12)
State Plane Coordinates - X: 2986830 Y: 807846 , RECEMD
3. INVESTIGATION TYPE: CAMA, D&F JUN 17 2( '
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/23/2013
Was Applicant Present - no °CM-MHDC"
5. PROCESSING PROCEDURE: Application Received Complete - 5/24/2013
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP — Conservation, transitional
(B) AEC(s) Involved: ES, EW, PTA
(C) Water Dependent: yes
(D) Intended Use: private
(E) Wastewater Treatment: Existing — private septic system
Planned -none
(F) Type of Structures: Existing — none
Planned - bulkhead
(G) Estimated Annual Rate of Erosion: none
Source - applicant
7. HABITAT DESCRIPTION: AREA
DREDGED FILLED SHADE
(A) Estuarine Shoreline
4,125 sq. ft.
(B) EW, PTA
7386 sq. ft.
(C) Other
(D) Total Area Disturbed: 11,511 sq ft
(E) Primary Nursery Area: no
(F) Water Classification: SC Open: no
8. PROJECT SUMMARY: The applicants propose to construct a new vinyl bulkhead an
average of 25 ft waterward of normal water level (NWL).
Field Investigation Report
Page 2
Project Setting
The proposed project is located at 247 Mother Vineyard Rd (SR 1120) in the town of Manteo in
Dare County. The property is located adjacent to the Roanoke Sound. The size of the
property is approximately 152,024 sq ft (3.49 acres) and is approximately 9 ft above NWL.
Manmade features associated with the property include 5 wooden groins in the Roanoke
Sound and an existing septic system that is located on a small parcel of land across the street
that is attached on the same deed. The property is vegetated mainlywith pine trees and typical
wild yard grasses. There are no recent permits on file associated with this property and there
are no known sites of archaeological significance on the property.
The property has approximately 271 linear feet of shoreline and no delineated wetlands on the
site. The southern portion of the shoreline consists of a sandy beach area and the northern
portion has experienced higher erosion and is a high wooded bluff. The adjacent property to
the south has a concrete bulkhead and several vinyl groins and the property to the south has a
wooden bulkhead with several vinyl groins.
The Roanoke Sound is classified as SC in this area and is closed to shellfish harvesting. The
water depths at the shoreline range from 2 inches to 6 inches and at the proposed bulkhead
alignment approximately 12 inches.
Development Proposal
The applicant proposes to construct 275 linear feet of new vinyl bulkhead and fill behind the
proposed bulkhead. The proposed bulkhead alignment is at an average of 25 ft waterward of
NWL with a maximum distance of 45 ft from NWL. This bulkhead alignment is proposed at this
location to line up with existing adjacent bulkheads. The applicant has noted in his application
that since the adjacent properties have constructed bulkheads and due to recent severe storms
his property has been experiencing an accelerated erosion rate. Water depths in the proposed
fill area behind the bulkhead range from 2 inches to 12 inches. The sand for the fill material
would be hauled in from an upland source.
Anticipated Impacts
The proposed project would result in the filling of 7,386 sq ft of Estuarine Waters Public Trust
Area of Environmental Concern and 4,125 sq ft of Estuarine Shoreline and also 273 cubic
yards of fill material would be placed below NWL. Temporary water turbidity would occur in the
project area.
Submitted by: Kelly Russell
Date: 6/12/13
DCM Coordinator: > Permit
MAILING DISTRIBUTION SHEET //�
(/
Permitee:
Agents:
DCM Field Offices �-
Elizabeth City
Morehead City
Washington
Wilmington
(with revised work plan drawings)
US ACOE Offices:
Washington: Raleigh Bland ✓�
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Dave Timpy
Cultural Resources: Renee Gledhill -Early
Public Water Supply: Debra Benoy (WIRO)
Joey White, %RO)
JIe__ —
Marine Fisheries: Anne -Beaton
Jeannie Hardy
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: Tim Walton ✓%
Water Quality: Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Washington: Anthony Scarbraugh-401 ✓'
Scott Vinson-Stormwater
Wilmington: Joanne Steenhuis — 401
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources: Maria Dunn (WARD)
Vacant (WIRO)
LPO:
Fax Distribution: Permitee #:
Agent #:
RECEIVED
JUN 17 2013
DCM--mm CITY
MAY 24 2013
c....._..._.. _..... _...._,_..
WORK PLAN DRAWINGS
247 MOTHER VINEYARD ROAD
LMAY
2 4 2013
6'Vinyl Bulkhead Cross Section ---
For the Dowd Estate 247 Mother Vineyard Rd.
211x 8" top cap
With 1" Gap
Attached with
Stainless Screws
5/8 bolts
24" o.c.
6"x 6" x 8' Dead men
3/411x 15' Tie back
rods
3/4" Ogee washers
6' Centers
14' Shore guard
425
vinyl sheet pile
18"
4'
6"x 6"x12' whalers
Ship lapped
Mean Water Level
r
MUM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
June 12, 2013
r.7
CEIVED
Mr. John M. Robbins, III JUN 17 2013
Sole Proprietor
P.O. Box 1415 DCMMF►DCrry
Manteo, NC 27954
Dear Mr. Robbins:
The NC Division of Coastal Management hereby acknowledges receipt of the
application submitted on behalf of the Estate of Mary Bruce Dowd for State approval for
development of property located at 247 Mother Vineyard Road in Manteo, Dare County.
It was received on May 24, 2013, and appears to be adequate for processing at this
time. The projected deadline for making a decision is August 7, 2013. An additional 75-
day review period is provided by law when such time is necessary to complete the
review. If you have not been notified of a final action by the initial deadline stated
above, you should consider the review period extended. Under those circumstances,
this letter will serve as your notice of an extended review. However, an additional letter
will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from May 24, 2013, you
may request a meeting with the Director of the Division of Coastal Management and
permit staff to discuss the status of your project. Such a meeting will be held within five
working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of
the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard
which must be posted at the property of your proposed development. You should post
this notice at a conspicuous point along the property where it can be observed from a
public road. Some examples would be: Nailing the notice card to a telephone pole or
tree along the road right-of-way fronting the property, or at a point along the road right-
of-way where a private road would lead one into the property. Failure to post this notice
could result in an incomplete application.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.ncooastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer
r
Mr. John M. Robbins, III
June 12, 2013
Page 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have
any questions and notify me in writing if you wish to receive a copy of Kelly Russell's
field report and/or comments from reviewing agencies.
Sincerely,
��74 s
Frank Jen/n��s
District Manager, Northeast District
FJ/yc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC
Kelly Russell, Field Representative, DCM, Elizabeth City, NC
Kerry Barrow, Executor of the Estate of Mary Bruce Dowd, Gainesville, FL
RECEPMD
F' JUN 17 2013
mu-Nmc"
CAMA PERMIT
APPLIED FOR
a F NE
COMMENTS ACCEPTED THROUGH _ 0 7l0 Ca / 1 3
APPLICANT:
CsrATZ' aF MAR` 138(Ace
KERRy 13ARaaaec!)(46C.
S c S23r1 P4k<4'
GAtAbu V1c-c FL 32_(a
352- 3?r.=- 9/-79
: lmw.rjgljo
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
1 }CELc.y %3 .c C. L
-1?/✓ OF c ASri4 e- MA�tAG�iK�i
/3 (o ? u. S. !/ a►y / 7 Sc A "H
fcrcA3Fru aOTX N c 2729o9
252. 2(.�I- 39�1, F'XT• 233
'A �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
F41TWIVIIIIIIII a uS:_.a u
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
lega IsAthecoastlancitimes. net
FROM: Yvonne Carver for Kelly Russell
DATE: June 12, 2013
SUBJECT: Public Notice: Estate of Mary Bruce Dowd
John E. Skvarla, III
Secretary
xsc�tv�r�
JUN 17 2013
D'214-3,Lu Ty
Please publish the attached Notice in the Sunday, June 16, 2013 issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to Melissa Sebastian, NC
Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC
28557, (Telephone 252-808-2808).
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office (252) 264-3901.
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Michele Walker, PIO, DCM, Raleigh
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
NCDENR hereby gives public notice as required by NCGS 113A-119(b) that
application for a permit in an AEC as designated under the CAMA was received on
05/24/13. Kerry Barrow, Executor for the Estate of Mary Bruce Dowd proposes to
construct a bulkhead with associated fill, located at 247 Mother Vineyard Road in
Manteo, Dare County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 07/06/13, will be considered in
making.the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public,
state & federal agencies. Notice of the permit decision in this matter will be provided
upon written request.
PLEASE PUBLISH ON: Sunday, June 16, 2013
MAJOR PERMIT FEE MATRIX
Applicant: The Estate of Mary Bruce Dowd c/o Kerry Barrow
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 open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
DCM•
HDCITY
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 3490 (See
attached can be applied:
III(B). Public or -commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 3490 (See attached)
can be Z=
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
3490 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
3490 (see attached) cannot
be a lied:
IV. For development that
®
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:
l
e ***This is a word processing form to be completed in Microsoft Word`**
NC Division of Coastal Management
Major Permit Application Computer Sheet RECEIVED
(02/15/2010)
Applicant: The Estate of Mary Bruce Dowd
Date: 6/122013
Project Site County Dare
Staff: Kelly Russell
District ®Elizabeth
❑Morehead
City Washington
City ❑Wilmington
Project Name: bulkhead construction
Rover File:
Date application "received as complete" in the Field office (EX: 1/82007): 524/2013
Permit Authorization: CAMA MDredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: Yes NNo
Photos Taken: Yes Rr NoEJ
Setback Required (riparian): Yes o
Critical Habitat: ❑Yes WNo ❑Not Sure
15 foot waiver obtained: OYes WNo
Hazard Notification Returned:
❑Yes JoNo
SAV: []Yes MNo ❑Not Sure
Shell Bottom: E3Yes ERNo E3 Not Sure
Temporary Impacts: ❑Yes j,(]No
Sandbags: Yes WNo D Not Sure
Did the land use classification come from
county LUP: [Yes ❑No
Mitigation Required (optional):
❑Yes IoNo
Moratorium Conditions: OYes �]No
❑NA
Environmental Assessment Done:
❑Yes WNo ❑NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
El High Quality Waters (HQW) I ❑ Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
(404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
(SS) Glasswort ( Salicornia sp.)
wetlands)
(CJ) Saw grass (C(adium jamaicense)
El (SA) Salt marsh cordgrass (Spartina
(SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
(DS) Salt or spike grass (Distichlis
El (SC) Bullrush or three square (Scirpus
(m Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
El (SP) Salt/meadow, grass (Spartina
roemerianus)
patens)
APPLICATION FEE 4"
No fee required - $0.00
) Private w/ D&F up to 1 acre; 3490
III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
El Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
ore than 1 acre - $475
❑ Permit Transfer - $100
❑ I I I(B) Public or commercial w/ D&F to 1
Express Permit - $2000
acre; 3490 can be applied - $400
El Major development extension request -
F1 II. Public or commercial/no dredge
$100
and/or fill - $400
El I. Private no dredge and/or fill - $250
El III(C) Priv. public or Comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252-808-2808 :: 1-888.4RCOAST :: wwwncpoastalmanagement.net revised: 02M 5110
N.
NC Division of Coastal Mgt. Application Computer Sheet, Page 2 o`r 3) 1
Applicant: Estate of Mary Bruce Dowd
Date: 6/12/2013
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
New Work Maint El
Ma❑N
❑YReplace
of ISI+
O(
New Work -a —Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
revised 02115MO
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 o REC91VED
Applicant: Estate of Mary Bruce Dowd
Date: 6/12/2013 rJUN 17 2013
DCM-INffm CITY
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft
(Applied for.
Disturbance total
includes any
anticipated
restoration or
teMp impacts
FINAL Sq. Ft
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
II
SYtL(,�)b
Dredge ❑ Fill 10 Both ❑ Other ❑
/ .� r�p
Dredge ❑ Fill q Both ❑ Other ❑
yeas
a5
Dredge Fill Fk] Both ❑ Other ❑
a%sn
a7
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808-2808 :: t-8884RCOA3T :: www.neeoastalmanagement.net
revised: 02/15.110
Eli
n
u
DEED JUN 17 2013
g
DCM-MHD CITY
247 MOTHER VINEYARD ROAD
Search/View/Find - Inquiry by Parcel Number Results
Page 1 of 1 "'.
Search by Parcel Number Results
• PARCEL DATA SHE
• BMLDndG PHOTOS
^• TAx Am
• TAX CERTIFICATJ
Parcel: 024378000
PIN: 988067680359
St#: 247 MOTHER VINEYARD RD
District: Ell I MANTEO (OLTr)
Subdiv: [0000] SUBDIVISION -NONE
Lot -Block -Sect: LOT: BLK: SEC:
Multiple Lots: - Units: 0
Plat -Cab -Slide: PL: G SL: 158
Status: ACTIVE
Owner: DOWD, KERRY LENNON
Owner:
Address: 503 S.W. 23RD PL
Land Value: 481,600
GAINESVILLE FL 326oi
Ownership: PRTMARy
Nature of Ownership: SOL
Deed Bk/Pg: WB 13E/0094 — 4/3/2013
PUSE: [oolol Vacant Land -Private
Building Value: 0
Misc Value• o *Values arefor the 2012 tax bill period
Gross Real Estate Value: 481,600
**• ** END OF RECORD
(data file last updated on 5/3/2013)
Values shown above are the 2oi2 billing values, which are based on the 2oo5 Revaluation (market value of January t,
2005). The land and building data is based on data on file for 2om
ownership and parcel information is based on current data on file, and was last updated on 5/3/2or3.
Values are preliminary until the appeals process is complete. Values will be available on the county website no later
than the 2or3 billing date, which is usually early July.
Notebooks listing 2013 preliminary values by owner's name or property address are available at the following locations:
• Dare County Appraisal Department, 962 Marshall Collins Dr, Manteo
• Dare County Library, 400 Mustian St, MR Devil Hills
• Dare County Satellite Office, 50347 NC Hwy 12, Frisco
Click on the link for a pdf file of 2o13 preliminaryvalues by Owner's Name or by District and Address. Search
instructions are included in the Me.
The data in these notebooks, and the pdf files will not be updated for any changes made during the appeals process.
Dare County Government
954 Marshall C Collins Dr
PO Box i000 Manteo NC 27954
Phone: 252.475.5000
http://www.darenc.com/public/faxIngParceIRslts.asp?ParcelNurnbet=024378000 5/6/2013
t
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O
Prepared by and Return to:
Martin Kellogg, Jr.
Kellogg, White, Evans and Gray
P.O. Box 189
Manteo, NC 27954
NORTH CAROLINA
DARE COUNTY
928UG28
Pi712 Yl D
DORR1REG(S- A. FRY
DARE COUTER
�T'EEDs JUN 1 7 2013
DCM- C17S'
THIS AGREEMENT AND INDENTURE made this the 14th day of August, 1992,
by and between CAROLYN CULPEPPER GASKILL (unmarried), party of the first
part, and MARYBRUCE LENNON DOWD (unmarried), party of the second part:
W I T N E S S E T H:
THAT WHEREAS the party of the first part and the party of the second
part are the owners of adjoining lands and property situated in the
Mother Vineyard area on the Rest side of Remake Island, Nags Bead
Township, Dare County, North Carolina, the lands of the party of the
first part being described in a deed from G.C. Culpepper et ux dated
January 23. 1968, and recorded in Book 146, page 612, Dare County
Registry; and the lands of the party of the second part being described
in a deed from A.J. Kienzle at ux to R. B. Lemon et ux dated August 28,
1945, and recorded in Book 29, page 118, Dare County Registry, the party
of the second part being the heir at law and sole beneficiary under the
last Will and Testament of R.B. Lemon, deceased, dated August 31, 1959,
and probated and filed In the office of the Clerk of Superior Court of
Dare County, North Carolina, in Estate File No. 69-E-47;
AND WHEREAS some question and concern has arisen concerning the
dividing line between the property of the party of the first girt and the
property of the party of the second part;
AND WHEREAS it is the desire of the parties hereto definitely to fix
and establish the boundary line between their respective properties;
NOW, THEREFORE, the party of the first part and the party of the
second part, in consideration of the premises and the sum of TEN ($10.00)
DOLLARS, each to the other in hand paid, the receipt of which is hereby
acknowledged, do hereby covenant and agree that the boundary line between
their said properties shall be as follows:
BEGINNING at an iron rod situated in and marking the Northeast
line of the "Old Meekins Cemetery", said iron rod and point of
beginning being designated by the Letter "A" as shown and
delineated on the plat of the survey hereinafter referred to,
said iron rod and point of beginning being located by beginning
at an existing concrete monument situated in and marking the
Southeast line of Lot No. 6, Section 4 as shown and delineated on
the "Subdivision Map of Van Buren Estates, Section 4," as
recorded in Plat Cabinet B, Slide 23, Dare County Registry,. said
concrete monument also being in and narking the North corner of
Lot No. IS, as shown and delineated on a map or plat of the
subdivision known un "Mother Vineyard Extension,' dated April 26,
1961, and recorded in Map Book 2, page 172, Dare County Registry,
now or formerly owned by Dorothy W. Cahoon, running thence from
said concrete monument along the Cahoon Northeast line South 22
deg. 37 min. 20 sec. East 107.33 feet to a concrete monument in
and marking the East corner of said Lot No. 18 and the North
corner of the Old Haskins Cemetery; thence South 29 deg. 00 min.
36 sec. East 85.11 feet to the iron rod at the aforesaid point of
beginning designated by the Letter "A", running thence from said
beginning point North 61 deg. 25 min. 05 sec. East 403.44 feet to
an iron rod situated on the Nestern margin or right of way of
-' S.R. 1120, known as Mother Vineyard Road; thence North 58 deg. 33
min. 54 sec. East to Roanoke Sound.
1
i
g
=
Y-
r
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8k619P00431
Same being the line indicated by the Letters °A"-°B"-°C"-D° to
Roanoke Sound on the plat made from a survey by Kirk R. Foreman,
Registered Land Surveyor, and designated "Surveyed for Jess Ryan
Sadler, A Parcel of Land on Roanoke Island, Nags Head Township,
Dare County, North Carolina," and recorded in Plat Cabinet C,
Slide LL-M, Dare County Registry.
It is mutually understood and agreed by end between the party of the
first partand the party of the second part that the line hereinabove
fixed shall be the Southeast line of the property of the party of the
first part and the Northwest line of the property of the party of the
second part, and the said party of the first part for the consideration
hereinabove set -out, the receipt of which is hereby acknowledged, does
hereby bargain, sell, convey, release, discharge and forever quit -claim
unto the party of the second part, her heirs and assigns, all of the land
In which she has any interest whatsoever lying immediately Southeast of
said line; and the said party of the second part for the consideration
hereinabove set out does hereby bargain, sell, convey, release, discharge
and forever quit -claim unto the party of the first part, her heirs and
assigns, all of the land in which she has any interest whatsoever lying
Immediately Northwest of said line.
IN TESTIMONY NMEREOF the parties hereto have hereunto set their hands
and seals the day and year first above written. / ' ��
�2sa� ✓ na../�,v.�6'u� �/L -(SEAL)
CAROLEP)fER SKILL
(SEAL)
MARTBRUCS LENNON DOWD
NORTH CAROLINA
DARE COUNTY
I, Bonny F. Bonner a Notary Public in and for the
aforesaid County and State do hereby certify that Carolyn Culpepper
Gaskill (unmarried) personally appeared before me this day and
Acknowledged the due execution of the foregoing instrument.
� .
,V5.;� pjfflTNESS my hand and notarial seal, this the 18th dap of August .
TARY PUBLIC
'�4Y(r ZOPIISSION EXPIRES:
Il •'�%.e 21, 1995
NORTH CAROLINA
DARE COUNTY
I, - , a Notary Public in and for the
aforesaid Counfiy and State do hereby certify that Marybruce Lemon Dowd
(unmarried) personally appeared before me this day and acknowledged the
due execution of the foregoing Instrument.
WITNESS my hand and notarial seal, this the JVf day of
Ru-�1 iSt 1992. ,
id0 ARY PUBLIC
MY COMMISSION EXPIRES:
-T-air-QLO
TAMMY J. FINCHAM
NOTARY PUBLIC
DARE COUNTY, N.C.
a
DKI 19 PC 04
32 RECESVEU'
JUN 17 2013
NORTH CAROLINA F
DARE COUNTY
The foregoing certificates of Bowy P. Howes , Z)kj&WDCITY
Public of Dare County, North Carolina, and a®yJ. rtSl3ed to be a
Notary Public of Dare County, North CerolinID,
are correct.
PRESENTED for registration this 28th day of August 1992,at I
,2_UI o'clock �•M., and recorded in thin office in Hook
S1� Page '`"_•
�OfIiS �
REGISTER OF DS
BY: Ci7YIl lYlti�i\.�i�(Yl ll
ASSI�fANf REGISTER oP nEEll-5�
'1
t: RECEIVED
MAY 2 4 2013
COASTAL MANAGEMENT
ELIZABETH CITY
AUTHORIZED AGENT
RECENED
i
JUN 17 2013
DCM•MHD CITY
247 MOTHER VINEYARD ROAD
N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date'uv 6 1 a �--
Name of Property Owner Applying for Permit:'
Mailing Address:
I 11W06
1-11 kiiy IT I i I I A � NA �, 0 5 W- I =0 Ar
1
I certify that I have authorized (agent) N61i 1L to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) AV�
at (my property located at) 2-47
This certification is valid thru (date) Lei h*Q-AXMV�
.5-:?. 1
Property Ownehignature Date
RECEIVED
LCO
LIAY 2 13 ,RECEIVED
N 17 2013
T4 20
AL MANAGEMENT
ZABETH CITY
�. DCM MD CITY
ADJACENT PROPERTY OWNER
NOTIFICATION
247 MOTHER VINEYARD ROAD
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Sales Receipt
Product Sale Unit
Final
Description Oty Price
Price
MANTEO NC 27954 Zone-1
$2.12
First -Class Large Env
6.70 oz.
Expected Delivery: Fri 05/24/13
Return Rcpt (Green Card)
$2.55
W Certified
$3.10
Label 0: 70111570000038566183----
Issue PVI:
$7.77
Utility 1 $1.19
$1.19
Mailer
Utility 1 $1,19
$1.19
Mailer
(Forever) 1 $0.58
$0.58
Purple
Martin PSA
#10 Envelope
(Forever) 1 $0.58
$0.58
Purple
Martin PSA
#10 Envelope
MANTEO NC 27954 Zone-1
$2.12
First -Class Large Env
7.00 oz.
Expected Delivery: Fri 05/24/13
Return Rept (Green Card)
$2.55
W Certified
$3.10
Label #: 70111570000038586176
Issue PVI: $7.77
Total:
$19.08
Paid by:
Debit Card
$19.08
Account #:
XXXXXXXXXXXX9660
Approval #:
345651
Transaction #:
859
23 903102895
Receipt#:
001051
BN For tracking or inquiries go to
USPS.com or call
1-800-222-1811-
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OWN011
IN
01
Ms. Wendi K. Phillips
238 Mother Vineyard Road
Manteo, NC 27954
May 6, 2013
Mr. John M. Robbins III, Agent
PO Box 1415
Manteo, North Carolina 27954
RE: CAMA Application Estate of Mary Bruce Dowd;
Adjacent Property Owner Notification
Dear Ms. Phillips:
EMAY---
24 2013
COAS?:. - 1-J
., RECEIVED
JUN 17 2013
The North Carolina Division of Coastal Management (CAMA) requires the notification
of adjacent riparian property owners of work proposed by a property owner requiring a
CAMA permit.
I, John M. Robbins III (Authorized Agent, Estate of Mary Bruce Dowd, "Estate'), have
applied for a CAMA Major Permit for development work on 247 Mother Vineyard Road,
Manteo, NC 27954. As required by CAMA regulations, I have enclosed a copy of my
permit application and project drawing as notification of my proposed project. The
project consists of the construction of a vinyl bulkhead 275' in length terminating at the
bulkheads to the north and the south of the subject property. The area behind the
bulkhead will then be filled. The bulkhead will be similar in height to the bulkhead on
your property.
I thank you for taking the time to speak with me about the project a couple of weeks ago.
Please note on the survey approximately 10' of the proposed bulkhead is on your
property. The purpose of this bulkhead is to tie into your existing bulkhead. If you have
any objections to this proposed plan please let me know. If permitted, we can work out
the details for this section. Terminating the bulkhead on the property line and then
returning it back to land would create a "funny" spot there.
No action is required from you or you may sign and return the enclosed form. If you
have any questions or comments about my proposed project, please contact me at
iohnmanteo(a),gmail.com or 252.423.0516.
Frr(iohn M. Robbins III
Authorized Agent
1
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAI ER FORM----. ----
Name of Property Owner: ��. J MAY 2 4 2013 I
Address of Property: 2�� �Orl�YiiZ VIIVVIjtct� �--
' I,'(Lot et #, Street or Road, City &County)
Agent's Name Fri I Mailing Address: F0"' --
Agent's phone #:
vcV/11lfJE(
I hereby certify that 1 own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A'describtion ordrawino` with'dimerisions must be brovk1 with thislettiB
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is beingproposed, you mustnotifythe Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at www.nccoastalmanaoementnet/contact dcm.htm or by calling 1-8884RCOAST. No
response is considered the same as no objection if you have been notified by Certrted Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Ltxe;r
igna ure'
�N
Print dr Type Name
a W
Mailh Address
ity State/Zip
�2? oil b
Tell Nu tber
Mks 19 . 'Ali
(Adjacent Property Owner Information)
Signature
Print or Type Name
2;1� Kma- VW09 kd
Mailing Address
TIAN-roo . N(L2
CVIStat�
Telephone Number
ate - I / Date
Revised 6/18/2012
r
Mr. and Mrs. John F. Wilson Jr. nCaww
PO Box 721
Manteo, NC 27954 JUN 17 262
May 6, 2013
DCM-MHD CITY
Mr. John M. Robbins III, Agent
PO Box 1415
Manteo, North Carolina 27954
RE: CAMA Application; Adjacent Property Owner Notification
Dear Mr. and Mrs. Wilson:
The North Carolina Division of Coastal Management (CAMA) requires the notification
of adjacent riparian property owners of work proposed by a property owner requiring a
CAMA permit.
I, John M. Robbins III (Authorized Agent, Estate of Mary Bruce Dowd, "Estate"), have
applied for a CAMA Major Permit for development work on 247 Mother Vineyard Road,
Manteo, NC 27954. As required by CAMA regulations, I have enclosed a copy of my
permit application and project drawing as notification of my proposed project. The
project consists of the construction of a vinyl bulkhead 275' in length terminating at the
bulkheads to the north and the south of the subject property. The area behind the
bulkhead will then be filled. The bulkhead will be similar in height to the bulkhead on
your property.
No action is required from you or you may sign and return the enclosed form. If you
have any questions or comments about my proposed project, please contact me at
iohnmanteoQ,atnail.com or 252.423.0516.
n.
Authorized...Abhn M. Robbins III
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONA
Name of Property Owner:
Address of Property: z-�// Ell) tWX= V HW IR14) ICU
(Lot or Street #, Street or Road, City & County)
Agent's Name #: V(AH M.
V.M, Ir (�� Mailing Address:
Agent's phone #: 2�. �t�'. b51to I UN`lT�. me,
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A-descnbtion or drawl witfAkrm sioris"must be'broviddd with this, letter.
I have no objections to this proposal. I have objections to this proposal.
if you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM1 in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at www.nccoastaimanagementnet/contact dcm.htm or by calling 1-688-4RCOAST. No
response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
_RL
A 'V
NT11=0
.t r ��� �I
Mailing Address
ft dttaT'�NU ?
City/Stafe/Zip
2%.g23, n�llo
Telephone Nur ber
(Adjacent Property Owner Information)
Signature
Print or Type Name
_1w F&% -44
Mailing Address
HAM.N/
City/state/zip
Telephone Number
Date Date
Revised 61182012
■ Complete items 1, 2, and 3. Aleo complete
Item 4 N Restricted Delivery Is desired.
■ Print your name and address on the reverse
So that we can return the card to you.
■ Attach this card to the back of the mal(piece,
or on the from If space permits.
1. Article Addressed to:
M9. �tim k. Pu►�upy
Z38 Harm
HAM, N'
X 3Agent
Addressee
by Nw ) C. Date of Delirery
M
. Mc.2m tnxn item 17 ❑ Ycs
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13 13 Fwm Mdi
❑ Registeed ❑ Return Receipt for Memttazdee
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.. 4 Restricted DaINVry7 (8ft F•ee) Q Vie
2. (Irons rfmm 7010 3090 0002 9765 7529
(17ansrar/rom seMce label) _
PS Form 3871, Febmery 2004 Don a fic Rehm Receipt
.—_--- 10i3aS02b19aW
■ Complete Roma 1, 2, end 3. Also complete
hem 4 H Restricted Delivery is desired.
■ Print your name and address on the reverse
SO that We ten return the card to you.
• Attach this card to ttre beck of the mailpieoe,
or on the from M space permits.
1. Article Addressed to:
M� Aae H*,, Ja►rt F Wf riJR
po �X �ZI
Ma�rr�o N�
❑ Apart
C. Date of Delivery
'b dellvay t' -'{mn+ Item 17 ❑Yes
If YES, enter delivery address below ❑ No
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2 L ❑ Certified Mail ❑ Express Mall
❑ Registered ❑ Return Recelpt for Merchandise
❑ Insured Melt ❑ C.C.D.
4. Reelected Dewy? tEdw F W Cl Yes _
z. ArticlM2nS Number
(l/7011 1570 0000 3858 6183
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_PS Fonn 1011, February 2004 Do n stIc Return Receipt • 1p2eee-02-A41tN0
wal)
JUN 11 W3
JUN 1
�M y DCM mn cny
PROJECT NARRATIVE
247 MOTHER VINEYARD ROAD
ect Narrative: Mar;
April 9, 2013
RBCFAVEA r— '---
lowd: Bulkhead MAY 2 4 2013
JUN
Purpose DCM MHD CITY
The property is located at 247 Mother Vineyard Road and is owned by the Estate of Mary Bruce
Dowd. A CAMA Major application is submitted allow for the construction of approx. 275' of
vinyl bulkhead and associated fill behind the bulkhead. The purpose of the project is to prevent
the shoreline erosion of the subject property. A plan view drawing prepared by Seaboard
Surveying titled "Estate of Mary Bruce Dowd" is attached showing the existing conditions and
the proposed development work. Additionally, bulkhead construction drawings are provided.
Present Conditions
To the west the Roanoke Sound borders the property. The elevation of the property is
approximately 9' (NAVD 1988). The properties in the surrounding area share similar elevations.
As one travels to the south on Mother Vineyard Road the elevations decrease, and to the north
the elevations remain the same or increase. Because of the higher elevations of the properties in
contrast to much of Roanoke Island, the shoreline in this area is composed of a "bluff/ridge".
The shoreline in this area faces predominantly east. The adjacent riparian property to the south
is owned by John F. Wilson, Jr. and Estelle J. Wilson has a concrete bulkhead, and vinyl groins
(Picture 1).
Picture 1 (View looking south)
The adjacent riparian property to the north is owned by Wendi Phillips. This property has a
wooden bulkhead and vinyl groins (Picture 2).
RECEIVED
JUN 17 Z013
DCM MFM C9Y
Picture 2 (View looking north)
The subject property has five (5) existing wooden groins and no bulkhead. When these groins
were constructed the landward portion of the groins was above the shoreline. Now, the water
depths at the most landward point of the groins average approximately -12". Since the
construction of the groins the shoreline has experienced significant erosion (Picture 3).
O
W
The greatest amount of erosion has occurred to the northern shoreline of the subject property
adjacent to the riparian property owner's groin and bulkhead. This groin is preventing the lateral
movement of sand that would otherwise assist in replenishing the subject property's shoreline
(Picture 4). The erosion is now wrapping around the northern property owner's bulkhead
(Picture 5).
Picture 4 (View looking north from subject property)
Picture 5 (Looking west down the t oifliorn p rop:It�\ liar)
N
A
O
n
c
y
z
ty.
r7
v
ro
0
c:>
The subject property's shoreline has escarpments and is littered with trees that have been
undercut and collapsed into the sound (Picture 6). _
N
A
N
O
i
w
� Z
Picture 6 (View looking north from the southern propem's concrete bulkhead) d —�
r
� N
I have monitored the property over the past year and have observed no rooted submerged aqu9ic o
vegetation at anytime within the area of the proposed bulkhead. The bottom is composed of
coarse sand and some clay. There are no wetlands on the property.
Picture 7 (Dare County's GIS) illustrates the disproportional erosion of the subject property
when compared to the adjacent properties.
Picture 7
History
Picture 8 was obtained from the Outer Banks History Center's Aycock Brown Collection. It is
estimated that the picture was taken in the 1950's. The subject property is the wooded land in
the center of the photograph. The existing residences on the adjacent riparian properties are
visible. One can see that the shoreline of the subject property is even with that of the adjacent
properties.
rV
A
0
I
:1
n
A
Pictures 9-11 were provided by NCDOT and the red dot marks the subject property. The
pictures show that from 1974 until 1981 the shoreline of the subject property and the adjacent
properties was uniform. In these two pictures there are no hardened structures on the subject
property or the adjacent property. In the picture from 1995, the shorelines of the adjacent
riparian properties have been hardened with bulkheads and groins. The bulkheads extend
waterward of the subject properties shoreline and the erosion of the subject property is apparent.
The final picture (Picture 12) was taken from the Dare County GIS page. It is estimated that the
picture was taken around 2010. With the hardening of the adjacent shorelines it is clear that the
erosion of the subject property's shoreline has accelerated when compared to the shoreline in the
NCDOT photos.
---- _ RECEIVED
JUN 1 7 2013
DCM MHD CITY
N
A,
- -r
e � r
Picture l l (NCDOT I1/1995)
so-
i
Picture 12 (Dare County GIS, estimated 2010)
Project Scope
Due to the erosion from recent storms, affects of the adjacent riparian property owners' hardened
structures, and normal conditions, an application is submitted for the construction of a vinyl
bulkhead approximately 275' in length that will connect to the waterward corners of the adjacent
7
riparian property owners' bulkheads and compliment the existing groins on the subject property.
The purpose of this structure is to prevent future erosion and restore the shoreline that has been
lost as a result of the conditions presented. This bulkhead will be located behind the existing
groins on the subject property. The bulkhead will be waterward of the shoreline and an area of
approximately 7,386 sq.ft. of water will need to be filled. The depths to be filled are less than 1'.
Construction drawings are attached. Fill will be placed in the upland areas to the height of the
groin. The area will be seeded and graded in a manner to prevent further erosion.
If you have further questions, please do not hesitate to contact me:
John M. Robbins III
252.423.0516 (cell)
i ohnmanteog gmail.com
Notes:
1. All photographs unless otherwise noted were taken on April 10, 2013. There were light
west winds and water levels observed reflected normal conditions. The water levels
covered the barnacles on the existing structures.
<<End of Document>>
MAY 2 q. 2013
RECEIVI<I?.
JUN 17 2013
DCM-MAD MY
8
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Estate of Mary Bruce Dowd; Kerry Barrow, Executor
LOCATION OF PROJECT: 247 Mother Vineyard Road in Manteo
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 05/24/13
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
County: Dare
R84`El�p
r
JUN 17 2013
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES DCM-MHD CITY
FIELD REPRESENTATIVE: Kelly Russell DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: S Date:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 475 (60/40%)
PUBLIC NOTICE REC'D: Advertise: 06/16/13 END OF NOTICE DATE: Comments due: 07/06/13
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: k?ra ON:
C) 75 DAY DEADLINE: 08/07/13 150 DAY DEADLINE:
MAIL OUT DATE: Circulation: 06/12/13 STATE DUE DATE: Comments due: 07/03/13
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
2 — 1
C S
Coastal Management - LUP Consistency
--(e
Division of Community Assistance
Land Quality Section
Division of Water Quality
Storm Water Management (DWQ)
State Property Office
Division of Archives & History
Division of Environmental Health
`I
Division of Highways
Z V
Wildlife Resources Commission
Local Permit Office
Division of Marine Fisheries
Corps of Engineers
HFi
lProject Name
es-�,- L7
wCII
Assigned to �, rn r��n , Assigned on
ACTIU"NS
Prepare for signature following review by other Assistant Major Permits Coordinator
Date draft permit given to other Assistant Major Permits Coordinator
Date reviewed by other Assistant Major Permits Coordinator
Y
Prepare draft for review by Major Permits Coordinator
Date draft permit given to Major Permits Coordinator
Date reviewed by other Major Permits Coordinator
Other L-C� �t'SG�sS 43�H �ly/7/1t0/J�
Cum /)l Pilt
Written approval from DWO 54is not required for this project.
�pUe -�p d3/>Y ���nmenl
Pat McCrory
Governor
�r
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Braxton C. Davis
Director
June 12, 2013
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Kevin Hart
NC Division of Marine Fisheries, WaRO
JUL 0 3 2013
PROTECTION
John E. Skvarla, III
Secretary
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Estate of Mary Bruce Dowd; Kerry Barrow, Executor
247 Mother Vineyard Road in Manteo, Dare County
Bulkhead construction with associated fill
JUL 0 3 2013
DMF-HABITAT PROTECTION
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 07/03/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901, ext.
233, When appropriate, in-depth comments with supporting data are requested. RtC q i%C: a t It. ✓ 6
Pocioke sound
REPLY: This agency has no objection to the project as proposed.
KThis 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 'r
��- C7 =.
DATE 4111013
1367 US 17 South, Elizabeth City, NC 27909
Phone; 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis `'John E. Skvarla, III
Governor Director D Secretary
June 12, 2013 she„fsh JUN 18 ?013 D
se�;ret,
MEMORANDUM wate�Q°a oY Ss s` sstlon
ton al
TO: Patti Fowler, Shellfish Sanitation
DIVISION OF MARINE FISHERIES
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review RECEIVED
Applicant: Estate of Mary Bruce Dowd; Kerry Barrow, Execut16N 19 2013
Project Location: 247 Mother Vineyard Road in Manteo, Dare County
DCM-MHDCI71'
Proposed Project: Bulkhead construction with associated fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 07/03/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901, ext.
233. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED jku° l _211�1 P�(Tl DATE (eh r/13
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity \Affirmative Action Employer
A74AA
�ICC69 R
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxlon C. Davis
Governor Director
June 12, 2013
MEMORANDUM
Natural Resources
TO: Ken Pace
NC DOT. State Construction/Materials Branch
PC -
John E. Skvarla, III
Secretary
, LN1 1 9 2013
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMAIDREDGE & FILL Permit Application Review RECEIVED
Applicant: Estate of Mary Bruce Dowd; Kerry Barrow, Executor JUN 2 6 2013
Project Location: 247 Mother Vineyard Road in Manteo, Dare County
DCM-MHD CITY
Proposed Project: Bulkhead construction with associated fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 07/03/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901, ext.
233. When appropriate, in-depth comments with supporting data are requested.
REPLY: �_A This office has no objection to the project as proposed.
SIGNED
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
DATE 6 i1i
1367 JS 17 South, EtzaWh City, NC 27909
Phone: 252.264-3901 \ FAX: 252.264-3723 ; Internee www.nocoastalmanagemerntnel
An Equal Opponualty 1 Affirmative Acton Employer
60/T0 39vd 1000N 6ELb1££Z5Z ZV:60 6TOZ/bZ/90
Estate of Mary Bruce Dowd Major Permit Recommendations
June 26, 2013 RBCEM
Page 4
JUL 01 2013
Consistent: No wetlands exist on the property.
DCAf-MD Crry
Subparagraph (7)(C) states, 'Bulkhead fill material shall be obtained from an upland source
approved pursuant to this Section, or if the bulkhead is a part of a permitted project involving
excavation from a non -upland source, the material so obtained may be contained behind the
bulkhead."
Consistent: The applicant's have indicated that clean upland fill will be used.
Subparagraph (7)(D) states, `Bulkheads or other structures employed for shoreline stabilization
shall be permitted below approximate mean high water or normal water level only when the
following standards are met:
(i)the property to be bulkheaded has an identifiable erosion problem, whether it results from
natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep
grade bank, which will cause the applicant unreasonable hardship under the other provisions of
this Rule."
Consistent: The applicant's property does have an identifiable erosion problem and has
lost a significant portion of land.
(ii)the bulkhead alignment extends no further below approximate mean high water or normal
water level than necessary to allow recovery of the area eroded in the year prior to the date of
application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting
from the unusual geographic or geologic features.
Consistent: The proposed bulkhead alignment would align it with adjacent bulkheads.
(iii)the bulkhead alignment will not result in significant adverse impacts to public trust rights or
to the property of adjacent riparian owners.
Consistent: The proposed bulkhead, associated backfill and pier will not impede or create
undue interference with access to, or use of, PTA or EW.
(iv) the need for a bulkhead below approximate mean high water or normal water level is
documented in the Field Investigation Report or other reports prepared by the Division of
Coastal Management.
Consistent: The need for a bulkhead below approximate mean high water or normal water
level is documented in the Field Investigation Report.
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application, and plans, I recommend a Major Permit be issued to the Estate of Mary
Bruce Dowd with the standard permit conditions associated with bulkhead shoreline
stabilization.
1367 US 17 South, Elizabeth City, NC 27909 One
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement,net Noo;J��uyy,•Carolina
An Equal Opportunity 1 Affirmative Action Employer y YKturatl�
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' Estate of Mary Bruce Dowd Major Permit Recommendations
June 26, 2013
Page 3
sites and design that will have a minimum adverse impact upon the productivity and biologic
integrity of coastal marshland, shellfish bed, beds of submerged aquatic vegetation, spawning
and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and
important natural erosion barriers.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(C) requires that the development shall not violate water and air quality
standards. REt E M
Consistent: This development will not violate water and air quality. JUL 01 2013
Paragraph (a)(2)(D) requires no major or irreversible damage to valuable documented
archaeological or historic resources. DCM-MHDCrry
Consistent: There are no known archaeological or historic resources on the property.
Paragraph (a)(2)(E) requires that the development shall not measurably increase siltation.
Consistent: It does not appear that this development will measurably increase siltation.
Paragraph (a)(2)(F) requires that the development shall not create stagnant water bodies.
Consistent: It does not appear that this development will create stagnant water bodies.
Paragraph (a)(2)(H) requires that development shall not impede navigation or create undue
interference with access to, or use of, PTA or EW.
Consistent: The proposed bulkhead, associated backfill and pier will not impede or create
undue interference with access to, or use of, PTA or EW.
Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (6) Docks and Piers and
(7) Bulkheads and Shore Stabilization Measures pertain to this project, and those subparagraphs
not listed are not applicable to this project.
ParagWh (7) is Bulkheads and Shore Stabilization Measures
Subparagraph (7)(A) states, 'Bulkhead alignment, for the purpose of shoreline stabilization, shall
approximate normal water level."
Inconsistent: The applicant proposes to construct a bulkhead at an average of 25 ft
waterward of NWL to reclaim land due to erosion.
Subparagraph (7)(B) states, `Bulkheads shall be constructed landward of significant marshland
or marsh grass fringes."
1367 US 17 South, Elizabeth City, NC 27909 One
Phone: 252-2609011 FAX: 252-264-3723 ; Internet: www,nccoastalmanagement.net No fJC/aroll/ina
An Equal Opportunity 1 Affirmative Action Employer a' ""rally
Estate of Mary Bruce Dowd Major Permit Recommendations
June 26, 2013
Page 2
07H.0207 Public Trust Areas
(c) Management Objective. To protect public rights for navigation and recreation and to
conserve and manage the public trust areas so as to safeguard and perpetuate their biological,
economic and aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in
Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which
jeopardizes the capability of the waters to be used by the public for navigation or other public
trust rights which the public may be found to have in these areas shall not be allowed. The
development of navigational channels or drainage ditches, the use of bulkheads to prevent
erosion, and the building of piers, wharfs, or marinas are examples of uses that may be
acceptable within public trust areas, provided that such uses shall not be detrimental to the public
trust rights and the biological and physical functions of the estuary. Projects which would
directly or indirectly block or impair existing navigation channels, increase shoreline erosion,
deposit spoils below normal high water, cause adverse water circulation patterns, violate water
quality standards, or cause degradation of shellfish waters are considered incompatible with the
management policies of public trust areas. In every instance, the particular location, use, and
design characteristics shall be in accord with the general use standards for coastal wetlands,
estuarine waters, and public trust areas.
Consistent: The applicant proposes to construct a bulkhead to prevent erosion. This
development will be consistent with the use standards and would not interfthe
public's right for navigation and recreation.
07H.0208 Use Standards
JUL 01 2013
DCM-MHD CITY
Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are
not water dependent within the EW and PTA and lists uses that may be considered water
dependent.
Consistent: The applicant proposes to construct a bulkhead. This sub -paragraph lists this
structure as water dependent.
Paragraph (a)(2)(A) requires that the location, design and need for development, as well as the
construction activities involved be consistent with the stated management objective.
Consistent: The proposed bulkhead is consistent with the management objectives.
Paragraph (a)(2)(B) requires that no suitable alternative site or location outside of the AEC exists
for the use of development. It further states, "that the applicant has selected a combination of
1367 US 17 South, Elizabeth City, NC 27909 ne
Phone: 252-2W39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net Carolina
An Equal Opportunity 1 Affirmative Action Employer Naturallff
Y
North Carolina
Pat McCrory
Governor
MEMORANDUM
��"A T),(:-
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis John E. Skvarla, III
Director Secretary
RECEIVED
TO: Doug Huggett, Major Permits Coordinator
THROUGH: Frank A. Jennings, III, District Manager 41� JUL 0 1 2013
FROM: Kelly Russell, Field Representative a- DCMMHDCrrY
DATE: June 26, 2013
SUBJECT: The Estate of Mary Bruce Dowd Major Permit Recommendations
The applicant proposes to construct a new bulkhead along 275 R of shoreline an average of 25ft
waterward of NWL and fill in behind the bulkhead. The site of the proposed development is at
247 Mother Vineyard Rd Manteo, Dare County.
The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW) and
Estuarine Shoreline (ES) Areas of Environmental Concern (AEC).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this
project and my findings are as follows:
07H.0206 Estuarine Waters
(c) Management Objective. To conserve and manage the important features of estuarine waters
so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to
coordinate and establish a management system capable of conserving and utilizing estuarine
waters so as to maximize their benefits to man and the estuarine and ocean system.
(d) Use Standards. Suitable land/water uses shall be those consistent with the management
objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine
waters and their vital components. Second priority of estuarine waters use shall be given to
those types of development activities that require water access and use which cannot function
elsewhere such as simple access channels; structures to prevent erosion; navigation channels;
boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular
location, use, and design characteristics shall be in accord with the general use standards for
coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208.
Consistent: The applicant proposes to construct a bulkhead to prevent erosion.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252.264-3901 \ FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net One
NorthCarofina.
An Equal Opportunity 1 Affirmative Action Employeraturally
I&TV.-A
NCDENR
North Carolina Department of Environment and
Division of Water Resources
Pat McCrory Thomas A. Reeder
Governor Director
June 18, 2013
MEMORANDUM:
�G
Natural Resources
To: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City, INC 28557
From: David Tuten, Environmental Engineer, PWSS/WaRO
Subject: CAMA/DREDGE & FILL Permit Application Review
Applicant: Estate of Mary Bruce Dowd; Kerry Barrow, Executor
Project Location: 247 Mother Vineyard Road in Manteo, Dare County
Proposed Project: Bulkhead construction with associated fill
REPLY: X This office has no objection to the project as proposed.
This office has no comment on the proposed project.
John E. Skvarla III
Secretary
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.
Comments:
• Proposed project should not impact any portable water sources.
SIGNED!:--2
Public Water Supply Section — Jessica C. Godreau, P.E., BCEE, Chief
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252-946-64811 FAX: 252-948-00401 Internet: www.ncwater.org/pws/
An Equal Opportunity 1 Afinnative Action Employer
DATE A 8 / 13
RECEIVED
JUN 2 0 2013
DCM-MRD CrrV
1
2.
3.
9
5
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: The Estate of Mary Bruce Dowd
LOCATION OF PROJECT SITE: 247 Mother Vineyard Rd, Manteo, Dare County on
the Roanoke Sound
Photo Index — 2006: 183-7191 (N,15)
1995: 183-1899 (1,12)
State Plane Coordinates - X: 2986830
INVESTIGATION TYPE: CAMA, D&F
2000: 183-2138 (L,14)
RIK-TRUE.
INVESTIGATIVE PROCEDURE: Dates of Site Visit- 5/23/2013
Was Applicant Present - no
PROCESSING PROCEDURE: Application Received Complete - 5/24/2013
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP — Conservation, transitional
(B) AEC(s) Involved: ES, EW, PTA
(C) Water Dependent: yes
(D) Intended Use: private
(E) Wastewater Treatment: Existing — private septic system
Planned -none
(F) Type of Structures: Existing — none
Planned - bulkhead
(G) Estimated Annual Rate of Erosion: none
Source - applicant
7. HABITAT DESCRIPTION: AREA
DREDGED FILLED SHADE
(A) Estuarine Shoreline
4,125 sq. ft.
(B) EW, PTA
7386 sq. ft.
(C) Other
(D) Total Area Disturbed: 11,511 sq ft RECEIVED
(E) Primary Nursery Area: no
(F) Water Classification: SC Open: no JUN 2 U 2013
8. PROJECT SUMMARY: The applicants propose to construct a new vinyl bulkhead an
average of 25 ft waterward of normal water level (NWL). ACM-MOCfly
Field Investigation Report
Page 2
Project Setting
The proposed project is located at 247 Mother Vineyard Rd (SR 1120) in the town of Manteo in
Dare County. The property is located adjacent to the Roanoke Sound. The size of the
property is approximately 152,024 sq ft (3.49 acres) and is approximately 9 ft above NWL.
Manmade features associated with the property include 5 wooden groins in the Roanoke
Sound and an existing septic system that is located on a small parcel of land across the street
that is attached on the same deed. The property is vegetated mainly with pine trees and typical
wild yard grasses. There are no recent permits on file associated with this property and there
are no known sites of archaeological significance on the property.
The property has approximately 271 linear feet of shoreline and no delineated wetlands on the
site. The southern portion of the shoreline consists of a sandy beach area and the northern
portion has experienced higher erosion and is a high wooded bluff. The adjacent property to
the south has a concrete bulkhead and several vinyl groins and the property to the south has a
wooden bulkhead with several vinyl groins.
The Roanoke Sound is classified as SC in this area and is closed to shellfish harvesting. The
water depths at the shoreline range from 2 inches to 6 inches and at the proposed bulkhead
alignment approximately 12 inches.
Development Proposal
The applicant proposes to construct 275 linear feet of new vinyl bulkhead and fill behind the
proposed bulkhead. The proposed bulkhead alignment is at an average of 25 ft waterward of
NWL with a maximum distance of 45 ft from NWL. This bulkhead alignment is proposed at this
location to line up with existing adjacent bulkheads. The applicant has noted in his application
that since the adjacent properties have constructed bulkheads and due to recent severe storms
his property has been experiencing an accelerated erosion rate. Water depths in the proposed
fill area behind the bulkhead range from 2 inches to 12 inches. The sand for the fill material
would be hauled in from an upland source.
Anticipated Impacts
The proposed project would result in the filling of 7,386 sq ft of Estuarine Waters Public Trust
Area of Environmental Concern and 4,125 sq ft of Estuarine Shoreline and also 273 cubic
yards of fill material would be placed below NWL. Temporary water turbidity would occur in the
project area.
RECEIVED
JUN 2 0 2013
Submitted by: Kelly Russell
Date: 6/12/13 DCM-MHD CITY
4
RECEIVED
MAY 2 4 2013
PROJECT NARRATIVE
247 MOTHER VINEYARD ROAD
ncmm
JUN 2 0 2013
REl-,r-IVr-D
Narrative: Mary Bruce Dowd:
April 9, 2013
4
Bulkhead;
!A AY 2 4 2013
COASTAL Nar,NACEMENT
Purpose ELIZ BF'H (IFY
The property is located at 247 Mother Vineyard Road and is owned by the-rstate- r&l11FWruce
Dowd. A CAMA Major application is submitted allow for the construction of approx. 275' of
vinyl bulkhead and associated fill behind the bulkhead. The purpose of the project is to prevent
the shoreline erosion of the subject property. A plan view drawing prepared by Seaboard
Surveying titled "Estate of Mary Bruce Dowd" is attached showing the existing conditions and
the proposed development work. Additionally, bulkhead construction drawings are provided.
Present Conditions
To the west the Roanoke Sound borders the property. The elevation of the property is
approximately 9' (NAVD 1988). The properties in the surrounding area share similar elevations.
As one travels to the south on Mother Vineyard Road the elevations decrease, and to the north
the elevations remain the same or increase. Because of the higher elevations of the properties in
contrast to much of Roanoke Island, the shoreline in this area is composed of a "bluff/ridge".
The shoreline in this area faces predominantly east. The adjacent riparian property to the south
is owned by John F. Wilson, Jr. and Estelle J. Wilson has a concrete bulkhead, and vinyl groins
(Picture 1).
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Picture I (View looking south) .
The adjacent riparian property to the north is owned by Wendi Phillips. This property has a
wooden bulkhead and vinyl groins (Picture 2).
Picture 2 (View looking north)
The subject property has five (5) existing wooden groins and no bulkhead. When these groins
were constructed the landward portion of the groins was above the shoreline. Now, the water
depths at the most landward point of the groins average approximately -12". Since the
construction of the groins the shoreline has experienced significant erosion (Picture 3).
RECEIVED
JUN 2 0 2013
2
DCM-MO CITY
The greatest amount of erosion has occurred to the northern shoreline of the subject property
adjacent to the riparian property owner's groin and bulkhead. This groin is preventing the lateral
movement of sand that would otherwise assist in replenishing the subject property's shoreline
(Picture 4). The erosion is now wrapping around the northern property owner's bulkhead
(Picture 5).
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The subject property's shoreline has escarpments and is littered with trees that have been
undercut and collapsed into the sound (Picture 61.
.dread)
I have monitored the property over the past year and have observed no rooted submerged aquatic
vegetation at anytime within the area of the proposed bulkhead. The bottom is composed of
coarse sand and some clay. There are no wetlands on the property.
Picture 7 (Dare County's GIS) illustrates the disproportional erosion of the subject property
when compared to the adjacent properties.
Picture 7
RECEIVED
JON 2 0 2013
DCM-MRD CITY
History
Picture 8 was obtained from the Outer Banks History Center's Aycock Brown Collection. It is
estimated that the picture was taken in the 1950's. The subject property is the wooded land in
the center of the photograph. The existing residences on the adjacent riparian properties are
visible. One can see that the shoreline of the subject property is even with that of the adjacent
properties.
Picture 8
Pictures 9-11 were provided by NCDOT and the red dot marks the subject property. The
pictures show that from 1974 until 1981 the shoreline of the subject property and the adjacent
properties was uniform. In these two pictures there are no hardened structures on the subject
property or the adjacent property. In the picture from 1995, the shorelines of the adjacent
riparian properties have been hardened with bulkheads and groins. The bulkheads extend
waterward of the subject properties shoreline and the erosion of the subject property is apparent.
The final picture (Picture 12) was taken from the Dare County GIS page. It is estimated that the
picture was taken around 2010. With the hardening of the adjacent shorelines it is clear that the
erosion of the subject property's shoreline has accelerated when compared to the shoreline in the
NCDOT photos.
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Picture 9 (NCDOT 12/1974)
MAY 2 4 2013
RECEIVED
JUN 20 2013
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DCM-MAD CITY
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Project Scope
Due to the erosion from recent stones, affects of the adjacent riparian property owners' hardened
structures, and normal conditions, an application is submitted for the construction of a vinyl
bulkhead approximately 275' in length that will connect to the waterward corners of the adjacent
7
riparian property owners' bulkheads and compliment the existing groins on the subject property.
The purpose of this structure is to prevent future erosion and restore the shoreline that has been
lost as a result of the conditions presented. This bulkhead will be located behind the existing
groins on the subject property. The bulkhead will be waterward of the shoreline and an area of
approximately 7,386 sq.ft. of water will need to be filled. The depths to be filled are less than 1'.
Construction drawings are attached. Fill will be placed in the upland areas to the height of the
groin. The area will be seeded and graded in a manner to prevent further erosion.
If you have further questions, please do not hesitate to contact me:
John M. Robbins III
252.423.0516 (cell)
iohnmanteo a;gmail.com
Notes:
1. All photographs unless otherwise noted were taken on April 10, 2013. There were light
west winds and water levels observed reflected normal conditions. The water levels
covered the barnacles on the existing structures.
<<End of Document>>
MAY 2 ti
2013 j
RECENED
,JUN 20 2013
DCM•MHD CITY
8
RECEIVED
MAY 2 4 2013
COASTAL MANAGEMENT
ELIZABETH CITY
DCM: MP-1 APPLICATION
247 MOTHER VINEYARD ROAD
N
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O
66M Mr-1
APPLICATION for
Major Development
(last revised 12127106)
�n::X.nr'h,� •.i,y..� is
RECEIVED
I
MAY 2 4 2013
Permit
North Carolina DIMSIOA-6P"tO'A'gtXL-161MAGEMENT
1. PrimaryApplicant/ Landowner Information
Business Name
Project Name (if applicable)
Estate of Mary Bruce Dowd: Bulkhead
Applicant 1: First Name
MI
Last Name
Kerry, Executor (Estate of Mary Bruce Dowd)
Bartow
Applicant 2: First Name
MI
Last Name
John
Barrow
if additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
state
503 Southwest 23 d Place
NA
Gainesville
FL
ZIP
Country
Phone No.
FAX No.
32601
USA
352 - 376 - 9179 ext.
NA -
et Address (if di%rent from above)
City
State
ZIP
NA
NA
-
Email
irbarrow@gmail.com
2. AgwWContractorinformadon
Business Name
Sole Proprietor
Agent/ Contractor 1: First Name
MI
Last Name
John
M.
Robbins III
Agent[ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
slate
NA
1415
Manteo
NC
ZIP
Phone No. 1
Phone No. 2
27954
252-423-0516
ext. NA
NA- ext
FAX No.
Contractor #
NA
NA
Street Address (if different from above)
City
State
ZIP
NA
Email
johnmanteo r@gmail.com
RECINVED
<Form continues on back> JUN 20 2013
DCM-MHDCITY
Form DCM MP-1 (Page 2 of 4) f ) APPLICATION for
ajor Development Permit
MAY 2 4 2013
3. Project Location
County (can be multiple)
StreetAddress
247 Mother Vineyard Roat`"
" __ _ _ _�_.__
State Rd. #
,14A
Dare
Subdivision Name
City `" "" "
State
Zip i
Mother Vineyard
Manteo
NC
27954 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
252 - 423 - 0516 ext.
NA, I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Roanoke Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade []Unknown
Roanoke Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or City limit the proposed
®Yes []No
work falls within.
Manteo (Outside), Dare County Planning Department
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
approx. 271'
approx 152,024.4 (approx. 3.49 acres)
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high wateO or
NA I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
9' NAVD 1988 ❑NHW or ❑NWL
e.
Vegetation on tract
Wooded, grassy fields, and scrub brush
f.
Man-made features and uses now on tract
The property is divided by Mother Vineyard Road. The property west of the roadway bordering Roanoke Sound has 5
existing groins. These toe of these groins was constructed above normal water level. With
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Single Family Residences
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
R-1
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []No ®NA
C"
If yes, by whom? A N
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes [:]No ®NA tj o
National Register listed or eligible property? eq
<Form continues on next page>
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
MAY 2 4 2013
m. (i) Are there wetlands on the site? I
I ,. []Yes ®No
(ii) Are there coastal wetlands on the site?
! : ❑Yes ®No
(iii) R yes to either (i) or (ii) above, has a delineation been conducted?
❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
The portion of the property west of Mother Vineyard Road contains an existing on -site septic system.
o. Describe existing drinking water supply source.
The portion of the property west of Mother Vineyard Raod contains an existing well.
Central water is available to the site.
p. Describe existing storm water management or treatment systems.
There are no existing storm water management systems.
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑PublirJGovemmerd
®PrivatelCommunity
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the bulkhead is to prevent further erosion of the subject property's shoreline and to the property of the
adjacent property owners.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored -
The proposed vinyl bulkhead will be constructed with a light utility excavator equiped with a bucket, augor, vibratory hammer,
and a pile tamper. Additionally, a dumptruck will be used to haul fill material to the site, and a dozer will be used to spread
the material. The equipment will be stored on the existing Geared portions of the property.
d.
List all development activities you propose.
Vinyl bulkheading, terminating the bulkhead into the waterward comers of the adjacent property owners' existing bulkheads,
backfilling, and minimal Gearing of vegetation to allow for the installation of the bulkhead.
e.
Are the proposed activities maintenance of an existing project, new work, or both? Both, maintenance associated with
existing grans and new bulkhead
f.
What is the approximate total disturbed land area resulting from the proposed project? 10,000 ®Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ®Yes []NO ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
NA
i.
Will wastewater or stornwater be discharged into a wetland? []Yes []No ®NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA
j.
Is there any mitigation proposed? ❑Yes []No ®NA
If yes, attach a mitigation proposal.
<Form continues on back>
JUN 2 0 2013
DC!vl-_HDCITY
Attachment: MP-1,
There are five (5) existing groins located on the property. They are shown on the
attached survey. I have been unable to ascertain when these groins were constructed.
From conversations with adjacent riparian property owners and others it seems that they
may have been constructed in the early to mid 1990's.
I have asked CAMA to research the permits associated with these groins and it is my
understanding that CAMA has not been successful in locating them.
I will continue to do research on these groins from my end.
i
MAY 2 4 2013
M
Forin bcm MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Anformatfon
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name John F. Wilson Jr. (Jack) Phone No.
Address 255 Mother Vineyard Road, Manteo, NC 27954 (PO Box 721, Manteo, NC 27954)
Name Wendi K. Phillips (email: wendi@obxparasail.com) Phone No. 252.475.1560
Address 238 Mother Vineyard Road, Manteo, NC 27954
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit nhmhbets, permitee, and issuing dates.
See attached "MP-1, g"
h. Signed consultant or agent authorization form,'d applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is t ful to the best of my knowledge.
Date May 6, 2013 Print Name n M. ins III
Signatur A
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and
❑DCM MP-3 Upland Development RECEIVED
❑DCM MP-4 Structures Information
JUN 20 2013
DCM-MM CITY
r
RECEIVE
D
s
f�
E MAY 2 4 2013
G
i;
COASTAL MANAGEMENT
DCM: MP-2 APPLICATION
247 MOTHER VINEYARD ROAD
N
�
c
�
N
-1
�
Q
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
r
2 4 2013
([_MAY
-- -
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure,to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet
Agqcass
Other
Clfannel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL)
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
11. EXCAVATION ® This sectionnot applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (I) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
[]CW _ ❑SAV ❑SB
OWL []None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area.
c. (i) Do you daim tide to disposal area?
❑Yes [--]No ❑NA
(if) If no, attach a letter granting permission from the owner.
e. (1) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), _
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
[]CW ❑SAV ❑SB
OWL ❑None
(fi) Describe the purpose of disposal in these areas:
b. Dimensions of disposal area.
d. (I) Will a disposal area be available for future maintenance?
❑Yes []No ❑NA
(ii) If yes, where?
f. (1) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(i) If yes, how much water area is affected?
' p1
JUN 2 0 2013
I �. Nu ulrb w�IF
ri
3. SHORELINE STABILIZATION Ornis section not applicable
(if development is a wood groin. use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length: ZN
®Bulkhead ❑Riprap ❑BreakwaterlSill UOther Wdth: V
c. Average distance waterward of NHW or NWU 25' it. Maximum distance watenvard of NHW or NWL: 46
e. Type of stabilization material:
Vinyl Sheet Bulkhead
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 7,386 SF RIPmP
Breakwater/Sill _,_ Other
i. Source of fill material.
Sand Mine
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. (I) Will fill material be brought to the site? ®Yes []No ❑NA
If yes.
(if) Amount of material to be placed in the water 7 386
(iii) Dimensic ns of fill area 7 386 SF
(iv) Purpose of fill
The area to be filled totals 7,386 SF. The material is to be
used to badirfill an area behind a proposed bulkhead. The
bulkhead and fill are needed as a result of storm damage to
erosion and improvements of surrounding properties that
have accellerated the erosion of the subject property.
I. (i) Has there been shoreline erosion during preceding 12
months?
®Yes ®No ❑NA
(it) If yes, state amount of erosion and source of erosion amount
information.
Please see attached narative,
It. Type of rill material.
Sand
U I nfs section nor appncauro
b. (i) Will fill material be placed in coastal wetlandsimarsh (CM,
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV _ ❑SB
❑WL _ ®None
(it) Describe the purpose of the fill in these areas:
I& GENERAL 1
a. How will excavatetl or fill material be kept on site and erosion b. b type of
or hydraulic dredge)?
i u Mient will be rased (e.g., dnaglhle.
controlled?
The proposed vinyl bukhead will be constructed and the fill Backhoe, bulldozer, mini excavator with attachment for bulkhead
material will then be placed behind the bulkheadconstruction
c_ (i) Will navigational aids be required as a result of the project?
[]Yes ❑No ®NA
(it) If yes, explain what type and how they will be implemented.
Date ...— ...—�
May 6, 2013 1 Mki 9- 4 2013 i 1
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ❑No ®NA
(it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
cn
Project Name
Estate of Mary Bruce Dowd: Bulkhead
0
Farm DCM MP-2 (Excavation and Fill, Page 3 of 3)
John M. Robbins III (Agent for Estate of Mary Bruce Dowd)
Signature
MAY 2 4 2013
4
l _
G
RECEivED
"1 9 0 2013
DrM- V.qD CITY
WORK PLAN DRAWINGS
247 MOTHER VINEYARD ROAD
o
N
�r
O
W�
RYi
�l
Z
�
A
6' Vinyl Bulkhead Cross Section
For the Dowd Estate 247 Mother Vineyard Rd.
211x 8" top cap
With 1" Gap
Attached with
Stainless Screws,
5/8 bolts
24" O.C.
6"x 6" x 8' Dead men
3/4" x 15' Tie back
rods
3/4" Ogee washers
6' Centers
14' Shore guard
425
vinyl sheet pile
6"x 6"xl2' whalers
Ship lapped
Mean Water Level
2' Max
Bottom
RECEIVED
AN 2 0 2013
DC.M-MHD CITY
North
Pat McCrory
Governor
June 12, 2013
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
O�
j
A® P R
Carolina Department of Environment and Natural
Division of Coastal Management
Braxton C. Davis
Director
Anthony Scarbraugh, 401/Wetlands/Buffers
Division of Water Quality - WaRO
Doug Huggett
Major Permit's Processing Coordinator
Resources
CAMA/DREDGE & FILL Permit Application Review
John E. Skvarla, III
Secretary
RECEIVED
JUN 1 4 2013
DWQ-WARD
DA*13--062(0
Estate of Mary Bruce Dowd; Kerry Barrow, Executor
247 Mother Vineyard Road in Manteo, Dare County
Bulkhead construction with associated'fdl
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 07/03/13 to 400 Commerce Avenue, Morehead Ci NC 28557. If you have any
questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901, ext.
233. When appropriate, in-depth comments with supporting data are requested.
REPLY: �s agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
SIGNED
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE ' 11 2 `/ L
1367 US 17 South, Elizabeth City, NC'i';< W
Phone; 252-284-39011 FAX: 252-254-3723 ; Internet: w Aymccoastalmanagement.net
An Equal opportunity t Affirmative Action Employer
0I
;;.
�M NOT A CAMA i�CfClYil
CCDEEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Acting Director Secretary
June 26, 2013
Kerry Barrow, Executor
503 Southwest 23rd Place
Gainesville, FL 32601
DWQ Project # 13-0626
Dare County
Subject Property: Estate of Mary Bruce Dowd (247 Mother Vineyard Road, Manteo)
Roanoke Sound [PAS51, 30-21); SA; HQW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr, Barrow:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.17 acres of waters for the purpose of construction of a
bulkhead at the subject property, as described within your application dated June 12, 2013 and
received by the Division of Water Quality (DWQ) on June 14, 2013. This Certification(s) is issued in
conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army
Corps of Engineers (USACE). This Certification allows you to use the LAMA Major Permit when the
Division of Coastal Management issues it. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non -discharge regulations. 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 LAMA 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
North Carolina Division of Water Quality Internal: www.ncwaterouality. ore
943 Washington Square Mall Phone: 252-946.6481
Washington,NC27889 FAX 252-946.9215
An Equal Opportunity/Affirmative Action Employer-50°h Recycledl10% Post Consumer Paper
NoIlCarolina
One
molly
,.''i,j F`i i UV)
247 Mother Vineyard Road
Kerry Barrow
Page 2 of 3
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 (Units) Plan Location or Reference
Waters 0.17 (acres) Application Drawing
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 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality,1650 Mail Service Center, Raleigh,
NC, 27699-1650.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
247 Mother Vineyard Road
Kerry Barrow
Page 3 of 3
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 Jennifer Burdette in the Central Office
in Raleigh at 919-807-6364 or Anthony Scarbraugh in the DWQ Washington Regional Office at
252-948-3924.
Sincerely,
am� ae&�
For Tom Reeder
Enclosures: Certificate of Completion
GC 3900
cc: Raleigh Bland, Corps of Engineers Washington Field Office
Jennifer Burdette, DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, Kelly Russell, Elizabeth City
DEMLR, WaRO
File copy
John M. Robbins, III, PO Box 1415, Manteo, NC 27954
Flle:13-0626 247 Mother Vineyard Road _3900_approval/as
North Carolin
Pat McCrory
Governor
June 12, 2013
MEMORANDUM
TO:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Charlan Owens, District Planner
Division of Coastal Management
Doug Huggett
Major Permits Processing Coordinator
9Z,
Resources
John E. Skvarla, III
Secretary
CAMA/DREDGE & FILL Permit Application Review RECEWED
Estate of Mary Bruce Dowd; Kerry Barrow, Executor JUN 2 0 2013
247 Mother Vineyard Road in Manteo, Dare County
DCM-MHD CITY
Bulkhead construction with associated fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 07/03/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901, ext.
233. 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
� r u
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmafive Action Employer
NCDENR
North Carolina Department of Environment and
Division of Coastal Managemenl
Pat McCrory Braxton C. Davis
Governor Director
June 12, 2013
MEMORANDUM
TO: Charlan Owens, District Planner
Division of Coastal Management
Natural Resources
John E. Skvarla, III
Secretary
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review RECEIVED
Applicant: Estate of Mary Bruce Dowd; Kerry Barrow, Executor J U N 2 0 2013
Project Location: 247 Mother Vineyard Road in Manteo, Dare County
DCM-MHDCITII
Proposed Project: Bulkhead construction with associated fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 07/03/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901, ext.
233. 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.
%� s� _-.a ors-•-c-� r�o
SIGNE DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-26439011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
Beverly Eaves Perdue
Governor
NC DEE R
Department of Environment and
Division of Coastal Management
Braxton C. Davis
Director
Natural Resources
Dee Freeman
Secretary
RECEIVED
MEMORANDUM JUN 2 0 2013
TO: Doug Huggett, MiAr Permit Coordinator
DCM-MAD Crty
FROM: Charlan Owen ICP, NE DCM District Planner
SUBJECT: Major Permit Request by The Estate of Mary Bruce Dowd to install 275 linear
feet of vinyl bulkhead and associated fill along the Roanoke Sound; on property
located at 247 Mother Vineyard Road, on Roanoke Island, Dare County.
Date: June 17, 2013
Consistency Determination: The request is consistent with/not in conflict with the Dare
County 2009 Land Use Plan certified by the CRC on February
24, 2011.
Overview: The subject property consists of a 3.49 acre lot with 271 linear feet of shoreline
along the Roanoke Sound. Water depths in the Roanoke Sound at this location range from 2
to 6 inches at the shoreline to -1 foot a distance of 45 feet from NWL. Existing shoreline
improvements consist of five (5) wooden groins in the sound. The site is undeveloped and is
vegetated with pine trees and typical wild yard grasses. Site elevation is approximately 9 feet
above Normal Water Level. The southern portion of the site is sandy beach and the northern
portion is high wooded bluff. The property has been experiencing an accelerated erosion rate.
Installation of 275 linear feet of vinyl bulkhead and associated fill is proposed. The bulkhead
will be aligned an average of 25 feet waterward of NWL with a maximum distance of 45 feet
from NWL. The bulkhead will align with bulkheads on adjacent properties to the north and
south. Fill will be hauled in from an off -site upland source.
The waters of the Roanoke Sound in this area are designated as Class SC waters and are
closed to shellfish taking. There are no known areas of archaeological significance
associated with the project site. A review of submerged aquatic vegetation (SAV) was not
provided.
Anticipated impacts resulting from this project are expected to include: the filling of 7,386 sq.
ft. (.17 acre) of Public Trust//Estuarine Waters Areas of Environmental Concern (AECs) and
4,125 sq. ft. of Estuarine Shoreline AEC.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer
North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management I I I Page 2 of 2
Basis for Determination:
The Dare County Land Classification Map identifies the subject property as "Community
Residential". As indicated on Page 217, the "Conservation" designation applies to all CAMA
Areas of Environmental Concern (AECs).
As indicated on Page 217 for the "Conservation" designation, "...development should be
limited to residential development and traditional accessory uses permitted in the CAMA
AECs such as but not limited to piers, docks, and crab -shedders."
A glossary of terms used in the policy statements is provided on Page 139. These include:
Advocate: to promote or encourage
Encourage: to favor or foster (also see support
Recognize: to show awareness of an issue or condition
Shall: mandatory, not optional; a more formal term for "will'
Should: preferred or recommended but not mandatory in all cases
Support: to foster; may imply financial support
The following are LUP policies that may be applicable to this request: RECEIVED
Natural Hazards:
IUN 2 0 2013
Policy NH#2, Page 180. DCM,WtyDCny
"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 Concern (AECs) designed under the CAMA
program..."
Policy NH#3, Page 180 and Policy WQ#10, Page 192.
"Dare County supports the installation and maintenance of estuarine bulkheads.
Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate
alternatives for property owners for addressing estuarine shoreline management
in lieu of estuarine bulkheads where these other techniques may be equally
effective in abating a shoreline erosion problem."
Implementation Strategy:
1. Oppose efforts to eliminate the use of estuarine bulkheads or other efforts
designed to prioritize or amend the current State regulations on their installation
and maintenance. (2010-2015)
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
a
Pat McCrory
Governor
June 12, 2013
MEMOR1iLNDU1%1
TO:
FROM:
SUBSECT:
Applicant:
Project Location:
Proposed Project:
NC®ENR
Carolina Department of Environment and Natural
Division of Coastal Management
Braxton C. Davis
Director
i Am' i ,t 2013
-- jInes`,: E
John E. Skvarla, III
Secretary
Renee Gledhill -Early
NC Department of Cultural Resources.
Doug Huggett
Major Pennits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Estate of Mary Bruce Dowd; Kerry Barrow, Executor
247 Mother Vineyard Road in Manteo, Dare County
Bulkhead construction with associated ell
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 07/03/13 to 400 Commerce Avenue Morehead Citv, NC 28557. if you have any
questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901, ext.
233. When appropriate,'in-depth comments with supporting data are requested.
REPLY: This office has no objection to time project as proposed.
KThis 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.
SIGNEDDATE
1367 US 17 South, Elizabdi City, NC 27909
Phone: 252-264-39011 FAX: 25NS4-3723 ; Internet: tv+wmcoastalmanagemem.net
An Equal Opportunity tAffumativeAction Employer JUN 1 7 2013
0C
ARA.
IRUd R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Kerry Barrow, Executor
Estate of Mary Bruce Dowd
503 Southwest 23 rd Place
Gainesville, FL 32601
Division of Water Quality
Thomas A, Reeder
Acting Director
June 17, 2013
Subject EXEMPTION from Stormwater Management Permit Regulations
CAMA Major Estate of Mary Brace Dowd Bulkhead Project
Stormwater Project No. SW7130608
Dare County
Dear Kerry Barrow:
John E. Skvarla, III
Secretary
The Washington Regional Office received a copy of your CAMA Major application for the proposed
bulkhead project located at 247 Mother Vineyard Road In Menteo, NC on June 14, 2013. Staff review of
the plans and specifications has determined that the project, as proposed, consists of activities that will
not pose surface water quality threats from stormwater runoff since no significant new impervious area is
proposed.
The Director has determined that projects that are reviewed and approved by the Division as not posing
water quality threats from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 2H.1000 and SL 2008-211. For this reason, we are informing you
by way of this letter that your project will not require a State Stormwater management permit at this time.
The stormwaterrules require the Division to permit the common plan of development, therefore, any
future development on the property, regardless of whether a SECplan or CAMA Major permit is also
required, will require a Stormwater Management Permit application and permit issuance from the Division
of Water Quality prior to any construction. Any construction on the subject site, prior to receipt of the
required permit, will constitute a violation of 15A NCAC 21-1.1000 and SL 2008-211 and may result in
appropriate enforcement actions by this Office.
Please keep in mind that this determination does not affect your legal requirements to obtain other
permits which may be required by the Division of Water Quality, the Division of Land Resources, the
Division of Coastal Management or any other Federal, State or Local Government
Please reference the Stormwater Project Number above on all correspondence. If you have any questions
or need additional information concerning this matter, please contact Roger Thorpe at (252) 948 - 3923.
Amy Adam
Regional upervisor
cc: Doug Huggett, DCM — Morehead
North Carolina Uslon of Water Quality
M Washington Square Mall
Washington, NC 27889
Phone: 25294584811 FAX: 252-046-9216
Internet ym,B watemualilv.oro
One
NorthUnrolina