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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 ex819n0130 L Q ny z w w JQ _ LL 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 II 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 r N& ,a g� � i .w 3 c0 Postage r" $3.)0 03 0 Wdifietl Fee Retum Receipt Fee Q.55 Postmark Here (Entlomement Required) O Restricted Delivery Fee SQOn O (Endorsement FIZZ) r` Lrl Tole) Postage & Fees $7.77 $ 05123/2013 r9 Se t ro 5-...---- ---- ILI -------------------- p (+. Smee4APt No, ^ or POeox No -G /y�j/ ./� ` I H I fi _ V ` UYIfUC ^V b!ty State,----- LPM ,f1J1 �zu tir1:I fi�c _1tar r,'it 3 gy N ni y ° a ,fig `.D rR�0.' ra MIR .A - flA¢tTEO ti Ul -2.12 f{45n J CO Postage 5 rm $3.10 03 CeNged Fee Postmad: 0 Here Realm Receipt 0 Fee �2.5 00 (Entlmsemenl Rege¢ad) Restrlmed Defnery Fee 40.00 0 (Endorsement Required) r $7.77 05123/2013 yt —_.-� o...rwnw R Few $ r-1 r-R r-9 0 rr %i 6frj MTiVO aKWW Irk 5W ww),vo IN r 7[FM E!iIFD i 4 2013 l 279599998 05/23/2013 (252)441-7387 03-.24:30 PM 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- GNV6 L 0 0 T 'OF44 Afkmn� P,\'PA A� Pftft2 Y 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 a rase below. ❑ No () m d QCo Q r I 3. 13 13 Fwm Mdi ❑ Registeed ❑ Return Receipt for Memttazdee O Insurw May ❑ C.oz. .. 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 r / 3. Service Type 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 arrslerfrom servlce� _.__. _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� r ' 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). e o N rG �l � p 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). M p O ,j N ^U n N 7 z s Q 3 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. [Ail N C,J m Call .� a Z � Ga 5 Picture 9 (NCDOT 12/1974) MAY 2 4 2013 RECEIVED JUN 20 2013 no DCM-MAD CITY m 'y, I o LI v u caq z 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 � 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