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HomeMy WebLinkAbout61-13 Forbes, Johne Permit Class Permit Number NEW 61-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and RECEIVED Coastal Resources Commission (! c ��0 MAY 2 3 2013 t vermt for X Major Development in an Area of Environmental Concern DCM-MOCITY pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to John H. Forbes, Jr. and the Bank of Hampton Roads,139 South Mills Road, Movock, N.C. 27958 Authorizing development in Currituck County ate. to Currituck Sound, at the common property line off Aydlett Road in Poplar Branch, as requested in the permittee's application dated 2/18/13 (MPS and 2/19/13 (MP-2), including the attached workplan drawing (3), 1 dated 1/26/13 and 2 dated rcvd. in NM on 3/11/13 This permit, issued on May 16, 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the area that is expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to change the area to be excavated shall require permit modification. 2) Excavation shall not exceed —0.7 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) No excavation shall take place outside the area indicated on the attached workplan drawings. (See attached sheets 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 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. t Braxta C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee 10 John H. Forbes, Jr. and the Bank of Hampton Roads Permit # 61-13 Page 2 of 3 ADDITIONAL CONDITIONS 4) A turl}idity curtain shall be placed across the waterward opening of the ditch prior to the initiation of any dre� ing activities, and a 24 hour period after completion of excavation shall elapse prior to removal of the kurtain to'prevent unnecessary siltation into the adjacent water body. Spoil Disposal 5) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal Management. Sedimentation and Erosion Control 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) 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.). General 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North. Carolina on account of any such removal or alteration. 9) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 10) This permit shall not be assigned, transferred, sold, or otherwise disposed ofto a third party without the written approval of the Division of Coastal Management. 11) The permittee and/or his contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this perrilit. REW&D t MAY 2S2013 j DCM MAD cny John H. Forbes, Jr. and the Bank of Hampton Roads Permit # 61-13 Page 3 of 3 ADDITIONAL CONDITIONS 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: NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 13-0242. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW 2013-00564. MAY V C # ACM-MaDM Permit Class NEW Permit Number 61-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vertuit 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 John H. Forbes, Jr- and the Bank of Hampton Roads, 139 South Mills Road, Moyock, N.C. 27958 Authorizing development in Currituck County ad'. to Currituck Sound, at the common property line off Aydlett Road, in Poplar Branch, as requested in the permittee's application dated 2/I R/13 (MP-1) and 2/19/13 (MP-2) including the attached workplan drawing (3) 1 dated 1/26/13 and 2 dated rcvd. in MHD on 3/11/13 This permit, issued on May 16, 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 oe suolect to rmes, imprisonment or civil action; or may cause me permit to oe nun ana vola. Excavation 1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the area that is expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to change the area to be excavated shall require permit modification. 2) Excavation shall not exceed —0.7 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) No excavation shall take place outside the area indicated on the attached workplan drawings. (See attached sheets 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 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxt C. Davis. Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee John H. Forbes, Jr. and the Bank of Hampton Roads Permit # 61-13 Page 2 of 3 ADDITIONAL CONDITIONS 4) A turbidity curtain shall be placed across the waterward opening of the ditch prior to the initiation of any dredging activities, and a 24 hour period after completion of excavation shall elapse prior to removal of the curtain to prevent unnecessary siltation into the adjacent water body. Spoil Disposal 5) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal Management. Sedimentation and Erosion Control 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) 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.). General 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 10) 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. 11) The permittee and/or his contractor shall meet with a representative of the Division of Coastal Management.prior to project initiation in order to discuss the conditions set forth in this permit. John H. Forbes,,Jr. and the Bank of Hampton Roads Permit #{ 61-13 Page 3 of 3 ADDITIONAL CONDITIONS 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 N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 13-0242. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW 2013-00564. FEB 2 0 2013 Project Narrative Mr. J. Howard Forbes, Jr. is the owner of a farm which borders the Currituck Sound in Poplar Branch, N.C. The outlet end of his main drainage ditch has become filled in and will no longer properly drain his field. This proposed project is to clean out his farm ditch and re-establish the proper drainage for his field. He plans to hire a backhoe to walk or straddle the existing ditch from the back of his field at the edge of the woods to the shoreline of the Currituck Sound, a distance of 153 feet. The backhoe will then clean the ditch bottom, approximately six to eight inches of sand, and place it upon the existing old spoil pile which lies adjacent to the north side of the ditch. The amount of material to be added to the old spoil pile will be six inches deep at it's highest point tapering down to nothing at the outer edge thus no run-off will be expected. This will be the prescribed manner of operation until the upland is reached and is no longer within the Corps Of Engineers' wetland jurisdiction, a distance of 113 feet. The ditch may then continue to be cleaned placing the sand or material in the field for a distance sufficient to adequately drain the field. RECEIVED MAR 11 2013 Di yrh".IiDCITY APPLICATION for FEB 2 0 2013 Major Development Permit - - (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary ApplicantiLandowner Information, Business Name Project Name (if applicable) Applicant 1: First Name John MI h Last Name Forbes, Jr. Applicant 2: First Name The Bank Of Fampton Roads MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 139 South Mills Road Po Box - city Moyock State N.C. ZIP 27958 Country , us Phone No. 252 -435 - 6698 ext. FAX No. Street Address (if different from above) City State ZIP Email 2.AgentlContractor Information Business Name Agent/ Contractor 1: First Name Charles MI E Last Name Brown III Agent/ Contractor 2: First Name MI Last Name Mailing Address 2005 Johnson Road PO Box City Elizabeth City State N.C. ZIP 27909 Phone No. 1 252 - 335 - 0928 ext. Phone No. 2 252 -333 -9304 ext. FAX No. Contractor If NC PIS - 2456 Street Address (if different from above) City Slate ZIP Email chuckbrown,4embargmail.com <Form continues on back> 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) ��I( I APPLICATION foF I F E B 2 0 2013 f Major Development Permit '4. y3 Y 3 3pJgject Lacatiort 1 1S 3i. 44 t 3 y �r T �YY L�kT y ..�y5yh F yyx ] 'R xy1 is 3 ter. tfas,tr_..., --� t ��'�„F''� ..r +e �?', •�, a �t-.. U _'.?r County (can be multiple) Street Address State Rd. # Currituck Tax Parcel 009200000870000 1137 ZW= ri=Name City State Zip Farm Land-- Agricultural Use Poplar Branch N.C. 27965 Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Pasquotank Ditch 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 Currituck 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. Currituck County 4ti > 3`��+w �. `9 _. tf.ry 'a3 ..l�aAR)Al rs-. ,.-».e. Mr � .. h �a s...F� `Fw � _ .^��' . ,�az'"w. � • -v��"-. s v r"e _T a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Forbes Property: 16501 Bank Property: 265 t Forbes: 50 Ac. Bank: 88 Ac. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wafer) or NWL (normal water level) (Ifmany lot sizes, please attach additional page with a list) ❑NHW or ZjNWL 21 tp3 r e. vegetation on tract Wetland: ';flooded, scattered - mostly pine and gum High Ground: Hardwood Farmland; Vegetation and grasses f. Man-made features and uses now on tract Forbes Property: Field for Agriculture. Bank of Hampton Roads Property: Proposed Residential. g. Identify and describe the existing land uses adiacent to the proposed project site. North of Forbes Property: Mostly woodland with some Agriculture. South of Bank Property: Woodland h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Single Family E)Yes [JNo ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes K]No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes [NNo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a []Yes MNo []NA National Register listed or eligible properly? <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST :: www.necoastaimanagement.net - Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? K]Yes ❑No (ii) Are there coastal wetlands on the site? []Yes ONO (III) If yes to either (1) or (ii) above, has a delineation been conducted? tf Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities r-- - - -� I FEB 2 0 20- o. Describe existing drinking water supply source. ' p. Describe existing storm water management or treatment systems. ------------______ 5. Activities and Impacts - a. Will the project be for commercial, public, or private use? '❑Commercial ❑Public/Government ' (]Private/community b. Give a brief description of purpose, use, and daily operations of the project when complete. Clean out the farm ditch to re-establish drainage for the field. 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. Backhoe to straddle existing ditch, clean out bottom of ditch and place excavated material on old spoil site adjacent to ditch, and re-establish drainage for farm. d. List all development activities you propose. Open drainage ditch. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of existing ditch. I. What is the approximate total disturbed land area resulting from the proposed project? 7i liSq.Ft or []Acres 1,200 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. After completion - will discharge agricultural field runoff into sound. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ESNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA j. Is there any mitigation proposed? []Yes @No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalm2nagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for — Major Development Permit '!n„addrtlontoGrrscpmplefedapphcahonto>In (MP.`-f)the-/oTYowingltems below�r/apQTlcabre mustbespbmltledlndrderforiheapphcaham" �^package(o bercompTefe�lfer�rs(aJ^.,{dare a)ways apphcablerto anpmaTor development a`pphcahar,F)easeconsuttthe appllcahonhn^�, "" rrrtst�chon.booktatarahowioproper(y�prepareUte:,ragurredltemsbe%ry4x3��j;��.,�r.�,..�ty�-, �e+&�5 }�z;�?,��. t���'-�,x,p,r 1N��)�" a. A project narrative. b..An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. .(Jartte �,� rv�."�,p2a Name John C. Gallop, Jr. Phone No. Address 4524 Hampshire Ave. Norfolk, Va. 23513 757 855 3845 g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pernittee, and Issuing dates. h., Signed consultant or agentauthorization torn, if 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. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit' application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date -A • /A . z o /3 Print Name P Al¢L& s -z�)o u 1 el 'tT Signature Please indicate application attachments pertaining to your proposed project. XDCM MP-2 Excavation and RII Information ❑DCM MP-5 Bridges and ❑DCM MP-3 Upland Development ❑DCM MP4 Structures Information FEB 2 0 2013 252-808-2808 :: 1-888-4RCOAST :: www.necoastaimanagement.net - _) Form DCM MP-2 I FEB 2 0 2013 I EXCAVATION and FILL — - ---- �I (Except for bridges and culverts) _-___ Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 90' Width ' Avg. Existing NA NA 0' 3� Depth Final Project NA NA r7 Depth t 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. 7 du Vd s sss�lyp c. (i) Does the area to be excavated include coastal wetlandslmarsh 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 OWL 4�W ❑None (ii) Describe the purpose of the excavation in these areas: R04)RE ddeav c — i2eroJrJta-T dJ u.'d .�uniD 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. I I sp�;l strE AlAt�4 snA�9 diki c. (i) Do you claim title to disposal area? Nr{.D a f4Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (I) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ANone (ii) Describe the purpose of disposal in these areas: ❑This section not applicable Dimensions of disposal area. /0' A 8 4 d. (I) Will a disposal area be available for future maintenance? JoYes ❑No ❑NA (ii) If yes, where? �n I Old SP011 i,')C RAID 1n1 41 �/ELoL I. (i) Does the disposal include any area in the water? Oyes 'WNo DNA (ii) If yes, how much water area is affected? 252-808-2806 :: t-8884RCOAST :: w ,w.nccoastalmanaremen:.net revmed: 12126106 Poem DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION This section not applicable (lf development is a wood groin, use MP-4— Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other._ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkheadbackfili_ Riprap_ Breakwater/Sill_ Other_ f. Source of fill material. Stabilizatlort) a. (i) Will fill material be brought to the site? If yes, (it) Amount of material to be placed in the water (iii) Dimensions of fill area (IV) Purpose of fill 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. h. Type of fill material. i r--- a. How will excavated or fill material be kept an site and erosion b. controlled? 11 L C o IL Al E ;2r,4 /r✓ 11GS d e� uJ 1 I �o u oGG c. (1) Will navigational aids be required as a result of the project? d. ❑Yes JoNo ❑NA (Ii) It yes, explain what type and how they will be implemented. section not applicable (I) Will fill material be placed in coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes ere checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL []None (it) Descdbe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? 18Rnkd"'e (I) Will wetlands be crossed in transporting equipment to project site? MYes ❑No ❑NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. AAnkAoe 4 S.TRAypLE PrTPN RAtv work Roo Sounl-n -ro Mag Ladn FEP /9 7 Za/3 C�l{A2LES 13gpw -7a� Data Applicant Name FARM QTcA C-LEAd —QUT /1 J q- ProjectName Applicant Signature n�n ano nano revised: 12126/06 CAMA MAJOR DEVELOPMENT PERMIT APPLICATION 6 I? I El FOR � JOHN HOWARD FORBES, JR. FEB 0 2013 ENLARGEMENT °A" 1 10 20 30 40 60 80 SCALE I INCH = 20 FEET SHpRECIN�\ - -0.7, S 1UNO v PROPOSED DREDGE AREA 3o CAMA w DISTURBANCE LIMIT 14' WIDTH ) / }S' AEC `EDGE OF DITCH / / \ /p, \ ,2, THE PROPERTY LINE �+ JRB.ETWEEN J. HOWARD FOR AND THE BANK OF HAN TON ROADS IS THE CENTEF 2 a O� \\\\\\ r / �OF THE EXISTING DITCH, 0 v ' u 11 ` `iQ2o. wETLANp / UPLA Iko0o ND RECEIVED \ / , ��. MAR 11 2013 CITY T\\ / cb 2 0C9 FO 0 CHARLES BROWN Ian �.• PLS 2456 4�,2�J PE 28954 , �.�qN CAgo� /12Ce .,. m O O FESSIp • r'p y 2Q=�r \```\\QL�HIICAOlr�.f QQo SEAL ��'9 �20.0�ESSIpy -4;"� ni L-2456 �•' cwSEA. RP M 9r . -'+„S S <yyft pQ� J- Ir �'r�9.P•�'rGINE�p.' �� � ��gnii�N` � Ile s SHEET 2 OF 3 CO SO � 17 17- CAMA MAJOR DEVELOPMENT PERMIT APPLICATION FOR JOHN HOWARD FORBES, JR. ENLARGEMENT "B" 0 0.5 1 2 3 VERTICAL SCALE I INCH= I FOOT 0 10 20 40 60 IZONTAL SCALE I INCH 2 20 FEET O GJ? .�� o rQ HpRe / ro rye. `�1\11111111i/i� / ,, `���.OF ESSIp•/ / q SEAL r %y' F / �9'P• �GINE�P��.i ��i�lCei .. • Sid"J � ry O• �O. M ! SEAL i i L-2456 is W U Z U 1 Y ~ W N = Ix W � Q O O W O 0 a O x a THE ELEVATION OF THE PK NAIL IN (L S.R. 1137 AND IN THE DITCH LINE BETWEEN THE BANK PROPERTY AND THE FORBES PROPERTY HAS AN ASSIGNED ELEVATION OF 4.82 FEET. SHEET 3 OF 3 FB 59-17 12-13 RECEIVED MAR 11 2013 nl�ad l"lrmc,Ty GAMA,'.MAJOR DEVELOPMENT PERMIT APPLICATION R REC E1VD JOHN HOWARDFORBES) JR. FFEB 0 2013 CURRITUCK COUNTY, NORTH CAROLINA POPLAR BRANCH TOWNSHIP COASTAL 4ANACEM"E:W BEING PROPERTY IDENTIFIED AS TAX PARCEL 009200000870000 ELIZA.'ElH CI IY AND ALSO DESCRIBED IN DEED BOOK 70, PAGE 305 AND 306. `SCALE I INCH = 600 FEET JAN 2622013 0 300 600 900 1200 1800 2400 JOHN E. GUARD, JR. ESTATE PARCEL No. 009200000860000 cl G 9 P .A 1 G \ t, JOHN HOWARD FORBES, JR. PARCEL No. 009200000870000 \ ENLARGEMENT J' A" AND 13 A N O 'O 9 \ 0 yob w� 14 rN�% \ A O Y\ N O N = a m \ BANK OF HAMPTON ROADS o m r PARCEL No. 0093000095B0000 4 � yr Z O 9 Om 0 O O T i 9p0 7 D 2 O m y v o �0 \ m0 07 i= m -mi < 2 \ m m O+ P3 i o J A HENRY B. WARD /\\\ PARCEL No. 009300000020000 MINA ��OQOFessioti��y9, - SEAL N w n n : L-2456 LJ N E. 13 rrrrnl JOHN C. GALLOP, JR. LIFE ESTATE PARCEL No. 009300000140000 �H I CAR �f1l, ��� OQ: • ESS ��/�� POF Doti . Q SEAL T' r . �. 028854 '�'�,f• �GINE� , SHEET I OF 3 FB 59 - It 12-13 North Carolina Pat McCrory Governor John H. Forbes, Jr. The Banks of Hampton Roads 139 South Mills Rd. Moyock, N.C. 27958 Dear Sir or Madam: W-9y;�A NCDENR Department of Environment and Division of Coastal Management Braxton C. Davis Director May 16, 2013 Natural Resources 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 party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance 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, v H ouglas 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.nocoastalmanagement.net An Equal Opportunity k Affirmative Action Employer 0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John H. Forbes, Jr. & The Bank of South Hampton Roads 2. LOCATION OF PROJECT SITE: Located along the common property line between Parcel ID numbers 009200000870000 & 0093000095B0000 off of Aydlett Road (SR#1137), Poplar Branch, Currituck County, adjacent to the Currituck Sound. Photo Index 2006: 189-7101 (1 9) 2000: 189-2308 (1,J 9) 1995: 189-1998 (H,I 15) 1989: 138-33 (K 5) 1984: 127-697 (J 20) 1978: 137-438 (0 5,6) State Plane Coordinates - X: 2916550 Y: 941410 Lat/Long: 36.29708080,-75.88948540 Quadrangle: Coinjock, NC, L.R. 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/28/2013 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 2/25/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP - Limited Service Area and Conservation (B) AEC(s) Involved: Estuarine Shoreline (ES), Estuarine Waters (EW), Public Trust Area (PTA) (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — N/A Planned - N/A (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] DREDGED FII I FD DISTIIRRFn (A) 404 Wetlands ±420 SF ±1,162 SF -spoil site within ±450 SF (B) Shallow Bottom PTA, EW AEC's ±120 SF Estuarine Shoreline AEC ±1,050 SF (C) Upland Area (Along Ditch) ±560 SF -spoil site within ±400 SF (D) Total Area Disturbed: ±3,112 SF (E) Primary Nursery Area: No (F) Water Classification: SC (Note: ES and 404 wetland disturbance overlaps) Open to Shellfishing: No John H. Forbes, Jr. & The Bank of South Hampton Roads Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant's propose to excavate an existing drainage ditch through USACE 404-wetlands and remove a plug that has caused the ditch to naturalize and disconnect it from the Currituck Sound. Project Setting The project site is located at an existing drainage ditch that has a top bank width of ±10' and a water width of ±6'. The centerline of the ditch is the common property line between Parcel ID #'s 009200000870000 (John H. Forbes, Jr.) & 0093000095B0000 (Bank of Hampton Roads) located on the east side of Aydlett Road (SR#1137), Poplar Branch, Currituck County, adjacent to the Currituck Sound. Parcel ID #009200000870000 is located on the north side of the ditch and is ±50 acres in size. This property has ±24 acres of agricultural fields with the remainder being a mix of 404- wetlands and highground woodlands. Parcel ID #0093000095130000 is located on the south side of the ditch, is ±88 acres in size and is the site of the Currituck Crossing Subdivision. Subdivision infrastructures such as roads and stormwater ponds have been constructed; however, only one of the sellable lots has been developed. An area designated as open space borders the project site near the Currituck Sound. Elevations within the project area range from ±1 footwithin the shoreline area to ±3 feet in the upland area and gradually increase moving to the west. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil within the project area is made up of portsmouth fine sandy loam and conetoe loamy sand. Based on available information, there appears to be no archaeological sites on Parcel ID#009200000870000; however, the tract of land that the Currituck Crossing Subdivision is located on is known as the Baum site and has been the location of several archaeological studies dating back to 1972. The office of Archives and History has identified two sites on the property and identified them as 31CK194 and 31CK129. The previously mentioned drainage ditch that separates the two parcels originates on the west side of Aydlett Road where it serves as drainage for agriculture fields. It then passes under Aydlett Road via a culvert and continues to the east in a straight line for ±1,276' separating a large agriculture field from the subdivision. At this point, the ditch enters a highground wooded area. Approximately 40' past the tree line the ditch then enters a USACE delineated 404 wetland. area and continues for ±100' where it then ends ±15' short of the Currituck Sound where sand and debris have accumulated forming a plug that is 1 foot in elevation above NWL. On the landward side of the plug, drainage water has formed a ±55'x10' wide shallow pooled area in which Phragmites and 404-wetland plant species have rooted and are growing within. The bottom substrate within this area of the ditch is made up of sand, detritus and silt. The plug area is made up of sand and is vegetated with Phragmites. The adjacent shoreline to the north of the ditch is natural and wooded up to the water's edge with fallen trees and stumps within the water. The adjacent shoreline to the south is natural and was previously cleared, but is now vegetated with Phragmites, pine saplings, groundsel bushes and other various woody and 404 wetland plants. An old spoil area is located on the north side of the ditch and extends from the tree line towards the Currituck Sound for a length of ±85' and a width of ±10'. Approximately 45' of the spoil area is located within the 404-wetland area. 1 John H. Forbes, Jr. & The Bank of South Hampton Roads Field Investigation Report Page 3 The adjacent properties to the north and south of the subject parcels are similar in nature and are largely wooded with some agriculture fields and have similar shorelines to that of parcel ID #009200000870000. The Division of Environmental Management classifies the waters within this area of the Currituck Sound as SC and it is closed to shellfish taking. Water depths within the project area in the Currituck Sound range from 0 feet at NWL to ±0.7 feet below NWL and the bottom substrate is made up of fine sands. Submerged Aquatic Vegetation (SAV) was not observed growing within the project area, but it is present within the surrounding waters. Development Proposal In order to facilitate drainage and eliminate stagnant water, the applicant's propose to dredge out a section of the existing ditch along the common property line and re-establish the connection to the Currituck Sound. A ±70' x 6' section will be dredged through the 404-wetland area to the shoreline and then continue another ±20' within the waters of the Currituck Sound to reach an adequate connecting depth of -0.7 feet. The dredging will be performed through the use of a backhoe that will straddle the existing ditch at the upland tree line and then work its way 153' to the shoreline area where it will begin dredging the Sound and ditch of 6 to 8 inches of material below NWL as it moves inland. The spoils will be placed on the existing spoil pile and/or within the highground fields. In addition to the dredging, the applicant's have indicated the remaining length of ditch extending to Aydlett Road will be cleaned of any blockages and debris as needed. Anticipated Impacts • The proposed dredging out of the existing ditch will result in ±7 cubic yards of spoil material being removed from within the ditch and the Currituck Sound. • The proposed dredging out of the existing ditch will result in ±5.6 cubic yards of material being removed from above NWL. • The proposed dredging of the ditch will result in the disturbance of ±1,050 sf within the Estuarine Shoreline AEC. • The proposed dredging within the Currituck Sound will result in the shallow bottom disturbance of ±120 sf within the Estuarine Waters and Public Trust Area AEC's. • The proposed dredging of the ditch will result in the disturbance of ±1,582 sf within 404- wetlands. • Temporary water turbidity will occur during ditch dredging. Submitted by: Ron Renaldi Date: 3/1 /2013 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: John H. Forbes, Jr., & The Bank of Hampton Roads County: Currituck LOCATION OF PROJECT: Along common property line, off Aydlett Road in Poplar Branch DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 02/25/13 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: t Date: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: Advertise: 03/10/13 ADJ. RIP. PROP NOTICES REC'D: FEE REC'D: $ 400 (60/40%) END OF NOTICE DATE: Comments due: 03/30/13 DEED RECV: APPLICATION ASSIGNED TO: &V vvI , ON: 3/ I Z;,�i3 C) 75 DAY DEADLINE: 05/11/13 MAIL OUT DATE: Circulation: 'D310'91/3 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE 150 DAY DEADLINE: STATE DUE DATE: Comments due: 631,8113 FED COMMENTS RECD: DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative — I Coastal Management - LUP Consistency — >, Division of Community Assistance 2 Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office 4-1 Division of Archives & History Division of Environmental Health 3.1 Division of Highways Wildlife Resources Commission Local Permit Office _ t Division of Marine Fisheries Z V ✓Al Corps of Engineers f�—l� ' Zoe — pcg-G Project Name J U Assigned to 6-ewl-J , Assigned on 3/ / Z//,? 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 Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other Written approval from DWCbi )/is not required for this project. A p� KCDEE- R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director BECEIyEE13 Secretary ' . March 7, 2013 MAR 18 2013 MEMORANDUM TO: 6Yt1:111 DIQ In Applicant: Project Location: Tiffany Sanders, Local Permit Officer Currituck County —Tiftfluggett „n"r'� 'r► — Major Permits Processing Coordinator DCU-MAD clry CAMA/DREDGE & FILL Permit Application Review John H. Forbes, Jr., & The Bank of Hampton Roads East side of Aydlett Road in Poplar Branch, Currituck County Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This 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 P�(S DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Acton Employer FI 0 KDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director MEMORANDUM TO: Doug Huggett, Major Permits Coordinator THROUGH: Frank Jennings, District Manager TAP FROM: Ron Renaldi, Field Representative RAf-- DATE: March 11, 2013 Dee Freeman Secretary SUBJECT: John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations The applicant's propose to excavate an existing drainage ditch through USACE 404-wetlands and remove a plug that has caused the ditch to naturalize and disconnect it from the Currituck Sound. The site of the proposed development is located along the common property line between Parcel ID numbers 009200000870000 & 0093000095B0000 off of Aydlett Road (SR#1137), Poplar Branch, Currituck County, adjacent to the Currituck Sound. The development proposal involves the Estuarine Waters (EW), Public Trust Area (PTA), and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0203 Management Objective ofthe Estuarine and Ocean System It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal area. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer RECEIVED MAR 15 201WVVIA(rally "Carolina DTV-Nn") CITY Doug Hugget, Major Permit Coordinator John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations March 11, 2013 Page 2 Consistent: The proposed development is consistent with the intent of this rule. 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 proposed development is consistent with the intent of this rule. 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 proposed development * Enwtent with the intent of this rule. MAR 15 2013 DCM-MffD CTTY Doug Hugget, Major Permit Coordinator John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations March 11, 2013 Page 3 15A NCAC 07H. 0208 Use Standards 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 proposed development is water dependent. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development will be consistent subject to Standard Permit Conditions. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. RECEIVED Consistent: The proposed development is consistent with the intent of this rule. MAR 15 2013 DCM-,"D Ci LY Doug Hugget, Major Permit Coordinator John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations March 11, 2013 Page 4 Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (3) Drainage Ditches, pertains to this project, and those subparagraphs not listed are not applicable to this project. Subparagraph (3)(A) states that drainage ditches located through any coastal wetland shall not exceed six feet wide by four feet deep (from ground surface) unless the applicant shows that larger ditches are necessary. Consistent: The proposed development is consistent with the intent of this rule. The ditch will not be more than six feet in width and will affect 404-wetlands only. Subparagraph (3)(B) states that dredged material derived from the construction or maintenance of drainage ditches through regularly flooded marsh shall be placed landward of these marsh areas in a manner that will insure that entry of sediment into the water or marsh will not occur. Dredged material derived from the construction or maintenance of drainage ditches through irregularly flooded marshes shall be placed on non -wetlands wherever feasible. Non -wetland areas include relic disposal sites. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (3)(C) states that excavation of new ditches through high ground shall take place landward of an earthen plug or other methods to minimize siltation to adjacent water bodies. Consistent: The proposed excavation is maintenance of an existing ditch. Subparagraph (3)(D) states that drainage ditches shall not have a significant adverse impact on primary nursery areas, productive shellfish beds, submerged aquatic vegetation as defined by the MFC, or other estuarine habitat. Drainage ditches shall be designed so as to minimize the effects of freshwater inflows, sediment, and the introduction of nutrients to receiving waters. Settling basins, water gates and retention structures are examples of design alternatives that may be used to minimize sediment introduction. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0209 Coastal Shorelines (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system 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 these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. RECEIVED Consistent: The proposed development is consistent with the intent of this rule. MAR 15 Z013 DCM-MHD CITY Doug Hugget, Major Permit Coordinator John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations March 11, 2013 Page 5 (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. ggCERrgD MAR 15 2013 DCM-MHD CITY Doug Hugget, Major Permit Coordinator John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations March 11, 2013 Page 6 (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The proposed development is consistent with the intent of this rule. (G) Grading, excavation and landscaping with no wetland fill except when required by a permitted shoreline stabilization project. Projects shall not increase stormwater runoff to adjacent estuarine and public trust waters; RECEWM Consistent: The proposed development is consistent with the intent of this rule.MAR 15 2013 DCM MHD CITY Doug Hugget, Major Permit Coordinator John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations March 11, 2013 Page 7 15A NCAC 07H.0601 No Violation ofAny Rule No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0602 Pollution of Waters No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish waters when a use attainability study of those waters documents the presence of a significant shellfish resource in an area that could be expected to be opened for shellfishing given reasonable efforts to control the existing sources of pollution. Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a Major Permit be issued to H. Forbes, Jr. & The Bank of South Hampton Roads with the standard permit conditions associated with Drainage Ditches. I also recommend that the following specific conditions be added to the permit: (1) A condition stating that a turbidity curtain shall be in place across the mouth of the ditch while excavation occurs. (2) A condition that will indicate a length of time that the turbidity curtain shall remain in place after ditch excavation concludes. (3) A silt fence shall be properly installed around the relic spoil site to prevent sedimentation into the wetland area. (4) A pre -construction meeting is required before any development occurs. RECEIVED MAR 15 2013 DCM-MHD CITY do NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder Governor Director March 13, 2013 MEMORANDUM: To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce AOvenue Morehead City, NC 28557 From: David Tuten, Environmental Engineer, PWSS/WaRO Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: John H. Forbes, Jr., & The Bank of Hampton Roads Project Location: East side of Aydlett Road in Poplar Branch, Currituck County John E. Skvarla III Secretary gRECEIVED MAR 15 2013 DC 14-MHD CITY Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound REPLY: X 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. Comments: • Proposed project should not impact any portable water sources. • Engineers and contractor should be aware of utility locations within the project area. Please contact the local water utility to assist with the location of existing water mains in or near the project area. SIGNED �— Public Water Supply Section — Jessica C, Godreau, P.E., BCEE, Chief Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 \ FAX: 252-948-00401 Internet: www.ncwater.org/pws/ An Equal Oppotlunily 1 Affinafive Action Employer DATE ) }�ap r 3 0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John H. Forbes, Jr. & The Bank of South Hampton Roads 2. LOCATION OF PROJECT SITE: Located along the common property line between Parcel ID numbers 009200000870000 & 0093000095B0000 off of Aydlett Road (SR#1137), Poplar Branch, Currituck County, adjacent to the Currituck Sound. Photo Index 2006: 189-7101 (1 9) 2000: 189-2308 (1,J 9) 1995: 189-1998 (H,I 15) 1989: 138-33 (K 5) 1984: 127-697 (J 20) 1978: 137-438 (0 5,6) State Plane Coordinates - X: 2916550 Y: 941410 Lat/Long: 36.2970808°,-75.8894854' Quadrangle: Coinjock, NC, L.R. 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/28/2013 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 2/25/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP - Limited Service Area and Conservation (B) AEC(s) Involved: Estuarine Shoreline (ES), Estuarine Waters (EW), Public Trust Area (PTA) (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A RECEtvI D Planned - N/A (F) Type of Structures: Existing — N/A MAR 15 2013 Planned - N/A (G) Estimated Annual Rate of Erosion: N/A DCMMHDCITy Source — N/A 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] DREDGED FILLED DISTURBED (A) 404 Wetlands ±420 SF ±1,162 SF -spoil site within ±450 SF (B) Shallow Bottom PTA, EW AEC's ±120 SF Estuarine Shoreline AEC ±1,050 SF (C) Upland Area (Along Ditch) ±560 SF -spoil site within ±400 SF (D) Total Area Disturbed: ±3,112 SF (E) Primary Nursery Area: No (F) Water Classification: SC (Note: ES and 404 wetland disturbance overlaps) Open to Shellfishing: No John H. Forbes, Jr. & The Bank of South Hampton Roads Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant's propose to excavate an existing drainage ditch through USACE 404-wetlands and remove a plug that has caused the ditch to naturalize and disconnect it from the Currituck Sound. Project Setting The project site is located at an existing drainage ditch that has a top bank width of t10' and a water width of t6'. The centerline of the ditch is the common property line between Parcel ID #'s 009200000870000 (John H. Forbes, Jr.) & 0093000095B0000 (Bank of Hampton Roads) located on the east side of Aydlett Road (SR#1137), Poplar Branch, Currituck County, adjacent to the Currituck Sound. Parcel ID #009200000870000 is located on the north side of the ditch and is ±50 acres in size. This property has ±24 acres of agricultural fields with the remainder being a mix of 404- wetlands and highground woodlands. Parcel ID #0093000095130000 is located on the south side of the ditch, is ±88 acres in size and is the site of the Currituck Crossing Subdivision. Subdivision infrastructures such as roads and stormwater ponds have been constructed; however, only one of the sellable lots has been developed. An area designated as open space borders the project site near the Currituck Sound. Elevations within the project area range from t1 foot within the shoreline area to t3 feet in the upland area and gradually increase moving to the west. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil within the project area is made up of portsmouth fine sandy loam and conetoe loamy sand. Based on available information, there appears to be no archaeological sites on Parcel ID#009200000870000; however, the tract of land that the Currituck Crossing Subdivision is located on is known as the Baum site and has been the location of several archaeological studies dating back to 1972. The office of Archives and History has identified two sites on the property and identified them as 31CK194 and 31CK129. The previously mentioned drainage ditch that separates the two parcels originates on the west side of Aydlett Road where it serves as drainage for agriculture fields. It then passes under Aydlett Road via a culvert and continues to the east in a straight line for t1,276' separating a large agriculture field from the subdivision. At this point, the ditch enters a highground wooded area. Approximately 40' past the tree line the ditch then enters a USACE delineated 404 wetland area and continues for t100' where it then ends t15' short of the Currituck Sound where sand and debris have accumulated forming a plug that is 1 foot in elevation above NWL. On the landward side of the plug, drainage water has formed a t55'x10' wide shallow pooled area in which Phragmites and 404-wetland plant species have rooted and are growing within. The bottom substrate within this area of the ditch is made up of sand, detritus and silt. The plug area is made up of sand and is vegetated with Phragmites. The adjacent shoreline to the north of the ditch is natural and wooded up to the water's edge with fallen trees and stumps within the water. The adjacent shoreline to the south is natural and was previously cleared, but is now vegetated with Phragmites, pine saplings, groundsel bushes and other various woody and 404 wetland plants. An old spoil area is located on the north side of the ditabmrdoxtends from the tree line towards the Currituck Sound for a length of ±85' and a width of t10'. Approximately 45' of the spoil area is located within the 404-wetland area. MAR 15 2013 DCM-MHDCrry John H. Forbes, Jr. & The Bank of South Hampton Roads Field Investigation Report Page 3 The adjacent properties to the north and south of the subject parcels are similar in nature and are largely wooded with some agriculture fields and have similar shorelines to that of parcel ID #009200000870000. The Division of Environmental Management classifies the waters within this area of the Currituck Sound as SC and it is closed to shellfish taking. Water depths within the project area in the Currituck Sound range from 0 feet at NWL to ±0.7 feet below NWL and the bottom substrate is made up of fine sands. Submerged Aquatic Vegetation (SAV) was not observed growing within the project area, but it is present within the surrounding waters. Development Proposal In order to facilitate drainage and eliminate stagnant water, the applicant's propose to dredge out a section of the existing ditch along the common property line and re-establish the connection to the Currituck Sound. A ±70' x 6' section will be dredged through the 404-wetland area to the shoreline and then continue another ±20' within the waters of the Currituck Sound to reach an adequate connecting depth of -0.7 feet. The dredging will be performed through the use of a backhoe that will straddle the existing ditch at the upland tree line and then work its way 153' to the shoreline area where it will begin dredging the Sound and ditch of 6 to 8 inches of material below NWL as it moves inland. The spoils will be placed on the existing spoil pile and/or within the highground fields. In addition to the dredging, the applicant's have indicated the remaining length of ditch extending to Aydlett Road will be cleaned of any blockages and debris as needed. Anticipated Impacts • The proposed dredging out of the existing ditch will result in ±7 cubic yards of spoil material being removed from within the ditch and the Currituck Sound. • The proposed dredging out of the existing ditch will result in ±5.6 cubic yards of material being removed from above NWL. • The proposed dredging of the ditch will result in the disturbance of ±1,050 sf within the Estuarine Shoreline AEC. • The proposed dredging within the Currituck Sound will result in the shallow bottom disturbance of ±120 sf within the Estuarine Waters and Public Trust Area AEC's. • The proposed dredging of the ditch will result in the disturbance of ±1,582 sf within 404- wetlands. • Temporary water turbidity will occur during ditch dred i renq. Submitted by: Ron Renaldi MAR 15 2013 Date: 3/1 /2013 DCM-MFID CITY Project Narrative Mr. J. Howard Forbes, Jr. is the owner of a farm which borders the Currituck Sound in Poplar Branch, N.C. The outlet end of his main drainage ditch has become filled in and will no longer properly drain his field. This proposed project is to clean out his farm ditch and re-establish the proper drainage for his field. He plans to hire a backhoe to walk or straddle the existing ditch from the back of his field at the edge of the woods to the shoreline of the Currituck Sound, a distance of 153 feet. The backhoe will then clean the ditch bottom, approximately six to eight inches of sand, and place it upon the existing old spoil pile which lies adjacent to the north side of the ditch. The amount of material to be added to the old spoil pile will be six inches deep at it's highest point tapering down to nothing at the outer edge thus no run-off will be expected. This will be the prescribed manner of operation until the upland is reached and is no longer within the Corps Of Engineers' wetland jurisdiction, a distance of 113 feet. The ditch may then continue to be cleaned placing the sand or material in the field for a distance sufficient to adequately drain the field. RECEIVED MAR 15 2013 DCM-MAD CITY oeM MP-1 APPLICATION for 'J FEB 2 0 2013 Major Development Permit -- (last revised 12127106) -- -- �— —�� North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) RECEIVED Applicant 1: First Name John MI H Last Name Forbes, Jr. MAR 15 2013 Applicant 2: First Name The Bank Of Fampton Roads MI Last Name DCM-MHDCITY I/ additional applicants, please attach an additional page(s) with names listed. Mailing Address 139 South Mills Road PO Box City Moy ck State N.C. ZIP 27958 Country , Us Phone No. 252 -435 - 6698 "t FAX No. Street Address (if different from above) City State ZIP Email 2. AgentlContractor Information »; ' Business Name Agent/ Contractor 1: First Name Charles MI E Last Name Brown III AgentlContractor 2: First Name MI Last Name Mailing Address 2005 Johnson Road PO Box Ciry Elizabeth City State N.C. ZIP 27909 Phone No. 1 252 - 335 - 0928 ext. Phone No. 2 252 -333 -9304 ext. FAX No. Contractor # NC PIS - 2456 Street Address (if different from above) City State ZIP Email chuckbrownJembargmail.com <Form continues on back> 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM IvIP-i (Page 2 of 4) F E 8 2 0 2013� APPLICATION for: Major Development Permit 3. Project LocationMOM County (can be multiple) Street Address State Rd. N Currituck Tax Parcel 009200000870000 1137 amillI MName Clty State Zip Farm Land - Agricultural Use Poplar Branch N.C. 27965 Phone No. Lot No.(s) (if many, attach additional page Wth list) ext. I I I , a. In which NC river basin is the project located? It. Name of body of water nearest to proposed project Pasquotank Ditch 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 Currituck Sound - e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Currituck County A c 4. Sit Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Forbes Property: 1650' Bank Property: 26 ' Forbes: 50 Ac. Bank: 88 Ac. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) ❑NHW or [INWL 21 to 31 e. Vegetation on tract Wetland: Wooded, scattered - mostly pine and gum High Ground: Hardwood Farmland: Vegetation and grasses I. Man-made features and uses now on tract Forbes Property: Field for Agriculture. Bank of Hampton Roads Property: Proposed Residential. g. Identify and describe the existing land uses ad'ac n to the proposed project site. North of Forbes Property: Mostly woodland with some Agriculture. South of Bank Property: Woodland h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Single Family EYes ❑No DNA I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes k1No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes [ANo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED MAR 15 2013 252-808-2908 :: 1-0II8-4RCOAST :: www.nccoastatmanag®me""VCITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? K]Yes ❑No (II) Are there coastal wetlands on the site? []Yes ZNo (III) If yes to either (i) or (ii) above, has a delineation been conducted? tjYes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. 77 - `) - FEB 2 0 2013� o. Describe existing drinking water supply source. ' i p. Describe existing stone water management or treatment systems. L --- — -- ------ ----._-_______� 5.'Activities and Impacts a. Will the project be for commercial, public, or private use? '❑Commercial ❑Public/Government INPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Clean out the farm ditch to re-establish drainage for the field. 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. Bac)choe to straddle existing ditch, clean out bottom of ditch and place excavated material on old spoil site adjacent to ditch, and re-establish drainage for farm. d. List all development activities you propose. Open drainage ditch. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of existing ditch. I. What is the approximate total disturbed land area resulting from the proposed project? 1 200 jaSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑No BNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. After completion - will discharge agricultural field runoff into sound. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes E3No []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 BNo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> MAR 15 2013 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagemeBC%. WDCTTy Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information.. In addition to this completed application torn, (MP-1) the tollowing items below, il'applicable, must be submitted In order for the application package fo be'complete. Items (a)-:(lJare always' applicable toanymajor development application:.Please consultthe application - instruction booklet on,how to properly prepare. the required items below. : a. A project narrative. b.. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. TOMLITI Phone o. M.''Po Name- John C. Gallop, Sr. Phone No. Address 4524 Hampshire Ave. Norlfolk, Va. 23513 757 855 3845 Name >4 •s'";° `.' ^� � �. }- *§ "'� - Phona No -`� �' �Addtass �s r. ¢,•� *" �„f#P'� �,yr�+tJ';,� .>y�,. g...v N rs p a� `ter ,.'r r i :1t x , a 4 h:%`' g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. h. Signed consultant or agent authorization form, if applicable. 1. 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. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date -;te.h Print Name AAIAfALE -S oItJA/ Signature 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 MAR 15 2013 FEB 2 0 2013 I DCM-MHD C1TY 252-808-2808 !: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length 9D Width Avg. Existing NA NA Depth Final Project NA NA 6,7 Depth 11. EXCAVATION ❑This section not applicable a. or cubic yards. 7 �u Yd s c. (i) Does the area to be excavated include coastal wetlandslmarsh (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 ,rv,'WL 4W ❑None III) Describe the purpose of the excavation in these areas: RDgIvE AdealiATFc - Re.00nlnlECT di t wi)I t —&-punlD to be excavated. d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. I / b. Dimensions of disposal area. 6� so pO srTE 41, EKisriliq d,� �pi x a4-' 1/iD IN tL e . 1c C. (i) Do you claim title to disposal area? / d. (i) Will a disposal area be available for future maintenance? PoYes ❑No DNA Yes ❑No DNA (it) If no, attach a letter granting permission from the owner. (it) If yes, where? old sen, I J0,')E AdD 11V 4e- 4,cll (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ANone (ii) Describe the purpose of disposal in these areas: I. (i) Does the disposal include any area in the water? ❑Yes'ONo DNA (if) If yes, how much water area is affected? 252-BOS•ZOOB :: 1-888-4P.COAST :: wi�ryv.nccoasEalrnananemen`«net SEAL 1 L-2458 SUR�� �•' 4'E irBA`'',` RECEIVED MAR 15 2013 revised: 12/26/06 CAR SSA A _ tif•�i► _ R028954 �: ;ti••st ��'! t31NE�Q,• +�. SHEET I OF 3 FS 59 - 17 12-13 - CAMA MAJOR DEVELOPMENT PERMIT APPLICATION 'E=_D JOHN HOWARDR ��FORBES, JR. FEB 0 2013� ENLARGEMENT W' --------------- �_ I 1 10 20 30 40 60 80 COAS- i SCALE I INCH = 20 FEET c C � RgrO •< 0.7' Ck SNOgEC /N�\ / • �UA'O PROPOSED DREDGE AREA r DISTURBANCE LIMIT 14' WIDTH ) / `EDGE OF DITCH \� \ THE PROPERTY LINE BETWEEN J. HOWARD FORE JR. AND THE BANK OF HAM TON ROADS IS THE CENTER a \e \ , co \OF THE EXISTING DITCH. 0 v oiP2 N \ Qp 4, \ / J 1 � yP2°. � � J �K'ETL'ND RECEIVED UPLAND 4�qio \ p� , y"'�J°r 1 MAR 15 2013 00 FO / Z'ZO CHARLES BROWN III' ry A, S' PLS 2456 np�2 PE 28954 ... ,ova p` OQ ' FESSlp �;L.: jq lb �!i'•� 3 SEAL Ess /o4, y9 = Ss L-2456jr 4c <, • 4 SEAL 9 r Al: = y % �p: 3' 02M '.,9 °sua� c. 1p o* Ito te lit //fIIIi��N��� SHEET 2 OF 3 FB 59- 17 12- N CAMA MAJOR DEVELOPMENT PERMIT APPLICATION FOR JOHN HOWARD FORBES, JR. ENLARGEMENT °B" 0 0.5 1 2 3 VERTICAL SCALE I INCH = I FOOT 0 10 20 40 60 "^^IZONTAL SCALE I INCH = 20 FEET //f/ �4. A \�\� -'NACAR 0(pF4S°f ESSIO- r SoOf(FPpF 3� =C-). 028VA r / F NEt.i P it *11110% ................ 4c 104(/N o �?° =C�i L-2456 6�= O• � W ` M BECEVED i MAR 15 2013 E I� O J y/ DCM-MfI cffy — u 4� v 2 w �en � ry j K 7 `O^� p /�O i. O qAZ h , ry N Al Z ¢-0 1 a NOt SO p v Az QO I O: s�p�E O O' THE ELEVATION OF THE PK NAIL IN Q. S. R. 1137 AND IN THE DITCH LINE BETWEEN ti THE BANK PROPERTY AND THE FORBES PROPERTY HAS AN ASSIGNED ELEVATION OF 4.82 FEET. vki�O' uJ = 1 O e SHEET 3 OF 3 FB 59-17 12-13 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davi _ _ John E. Skvarla, III Governor Director D : v Secretary " In March 7, 2013 MAR I 2C13 i I Shellfish Sanita:ic c Li MEMORANDUM Water `` eational Y Secrron TO: Patti Fowler NC Department of Environmental Health RECEWED FROM: Doug Huggett Major Permits Processing Coordinator MAR 14 2013 SUBJECT: CAMA/DREDGE & FILL Permit Application Review DCM-MHD CrrY Applicant: John H. Forbes, Jr., & The Bank of Hampton Roads Project Location: East side of Aydlett Road in Poplar Branch, Currituck County Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. XThis office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED Nk 1 —� V e* %kr DATE 3/ 1W 13 1367 US 17 South, Elizabeth City, INC 27909 Phone: 252-26439011 FAX:252-264-3723; Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer North Carolina Pat McCrory Governor March 7, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: NCDENR Department of Environment and Division of Coastal Management Braxton C. Davis Director Lee Padrick Division of Community Assistance Doug Huggett Major Permits Processing Coordinator Natural Resources CAMA/DREDGE & FILL Permit Application Review John H. Forbes, Jr., & The Bank of Hampton Roads John E. Skvada, III Secretary RECEIVED MAR 21 Z013 Project Location: East side of Aydlett Road in Poplar Branch, Currituck County DCM•MM CITY Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. s agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED,;� �� DATE 3 /�9 —/3 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.n000astaimanagement.net An Equal Opportunity 1 Affirmative Action Employer AGNA I0C6 R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor DirEctor Secretary March 7, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Ken Pace NC DOT, State Construction/Materials Branch ' Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE 8c FELL Permit Application Review John H. Forbes, Jr., & The Bank of Hampton Roads Last side of Aydlett Road in Poplar Branch, Cunituck County Excavate drainage ditch, re-establish connection to Currituck Sound RECEIVED 1 2013 DT MFDCUY Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/13 to 400 Commence Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested REPLY: _�his office has no objection to the project as proposed. SIGNET 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. DATE t� ✓� 1357 US 17 South. EIIZ Wh City, NC 27909 Phone: 252-2643901 \ FAX; 252.2643123; Internet: www.naeoastalmanagement.net An Equal Oppodunity 1 Affirmative Action Employer ZO/ZO 39Vd 1000N 6ELOTEEZSZ 90:60 ETOZ/6T/EO NCD NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor March 7, 2013 MEMORANDUM TO: t� 317u SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review John H. Forbes, Jr., & The Bank of Hampton Roads John E. Skvada, III Secretary East side of Aydlett Road in Poplar Branch, Currituck County Excavate drainage ditch, re-establish connection to Currituck Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This 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 SIGN DATE 3' ��• 1�j RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011FAX: 252-264J723;Internet: www.nccoastaimanagement.net MAR 21 2013 An Equal Opportunity 1 Affirmative Action Employer D!14I :NIIID CITY NA ; NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary MEMORANDUM TO: Doug Huggett, hp?jor Permit Coordinator FROM: Charlan OwensICP, NE DCM District Planner SUBJECT: Major Permit Request by John H. Forbes and the Bank of South Hampton Roads to dredge a 6 foot wide by 90 foot long section through an existing ditch located along a common property line and out into the Currituck Sound, on property located on the east side of Aydlett Road, north of Currituck Crossing Drive, in the community of Poplar Branch, Currituck County. Date: March 14, 2013 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through June 24, 2009. Overview: The project area is a 10 foot wide drainage ditch centered on a common property line with a terminus located 15 feet from the Currituck Sound. The 50 acre property to the north is owned by John H. Forbes, Jr. and the 88 acre property to the south is owned by The Bank of Hampton Roads. The property to the north has 24 acres of agricultural fields to the west near Aydlett Road, with the remainder being a mix of high ground woodlands and Section 404 Wetlands to the east along the Currituck Sound. A 10 foot wide by 85 foot long old spoil site is located on the property to the north along the ditch bank, extending from the treeline towards the Sound. Approximately 45 feet of the spoil site is located within Section 404 wetlands. The property to the south consists of cleared land and areas of Section 404 wetlands and has been subdivided for development. Five (5) subdivided areas and a future right-of-way stub location are situated along the ditch. Two (2) residential lots are located to the west, two (2) future development tracts and the future right-of-way stub are centrally located, and a primary conservation/open space tract is located to the east. The conservation/open space tract runs along approximately 210 feet of the ditch to the shoreline. Section 404 wetlands are located within the conservation/open space tract. Site elevations within the project area range from 1 foot within the shoreline area to 3 feet in the upland area and gradually increase moving to the west. The project area is located within Floodzone AE, with VE zone along the shoreline. Water depths within the project area at the Currituck Sound range from 0 feet at Normal Water Level (NWL) to .7 feet below NWL. The drainage ditch originates on the west side of Aydlett Road where it serves as drainage for agriculture fields. It passes under Aydlett Road via a culvert and continues east in a straight line for 1,276 feet, extends 40 feet into high ground wooded area, then continues ano yM 1367 US 17 South, Elizabeth City, NC 27909 MAR 2 1 2�13 Phone: 252-264,39011 FAX: 252-260723 ; Internet: www.nccoastalrnanagement.net An Equal Opportunity 1 Affirmative Action Employer D( M-MHD CITY North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 of 5 feet through Section 404 wetlands before terminating 15 feet short of the Currituck Sound. Sand and debris have formed a plug 1 foot above Normal Water Level between the ditch and the shoreline. The plug is vegetated with Phragmites. Landward of the plug, drainage water has formed a 55 foot by 10 foot shallow pool where Phragmites and Section 404 wetlands have rooted and are growing. Dredging a 6 foot wide by 90 foot long section through the existing ditch and out into the Currituck Sound is proposed. A 6 foot wide by 70 foot long section will be dredged through Section 404 wetlands and a 6 foot wide by 20 foot section within the Currituck Sound to a connecting depth of -.7 foot. Dredging will be performed through the use of a backhoe. Spoils will be placed on the existing spoil pile and/or within the highground fields. The remaining length of the ditch will be cleaned of any blockages and debris as needed. The waters of the Currituck Sound are classified as SC and are closed to shellfish taking. Submerged Aquatic Vegetation (SAV) was not observed growing within the project area, but is present within surrounding waters. There appear to be no archaeological sites on the property to the north, however the property to the south is known as the Baum site and has been the location of several archaeological studies dating back to 1972. The office of Archives and History has identified two (2) sites on the property and identified them as 31CK194 and 31 CK129. Anticipated impacts: resulting from this project are expected to include: the dredging of 120 sq. ft. of Shallow Bottom Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 420 sq. ft. of Section 404 Wetlands, and; the disturbance of 1,050 sq. ft. of Estuarine Shoreline AEC, 1,162 sq. ft. of Section 404 Wetlands, and 960 sq. ft. of Upland area outside of an AEC. The dredging will re-establish a connection to the Currituck Sound to facilitate drainage and eliminate stagnant water. Basis for Determination: The site is designated as "Limited Service Areas" on the Currituck County Future Land Use Map (FLUM); with Areas of Environmental Concern (AECs) also designated as "Conservation Areas" as indicated on Page 11-1. As indicated on Page 11-2, the purpose of the "Limited Service Areas" designation is to provide for primarily residential development at low densities. It is recognized that soil limitations, flood prone areas, and a lack of infrastructure and services may prevent these areas from ever reaching an urban level of development. The policy emphasis for the subarea is also for low -density residential. The purpose of the "Conservation" designation is to provide for the long-term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The designation is applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features. As indicated on Page 11-2. EttEM 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-26"901 1 FAX: 252-264-3723; Internet: www.nccoastalmanagement.net MAR 21 2013 An Equal Opportunity 1 Affirmative Action Employer DCM-AM CITY North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 3 of 5 standards of the Conservation class shall be applied in accordance with the site specific information made available during special studies and/or the land development process. Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". The following LUP policies may be applicable to this request: Land Use Compatibility: Policy ES2, Page 9-5. "NON -COASTAL WETLANDS, including FRESHWATER SWAMPS, AND INLAND, NON -TIDAL WETLANDS, shall be conserved for the important role they play in absorbing floodwaters, filtering pollutants from stormwater runoff, recharging the ground water table, and providing critical habitat for many plant and animal species. Cumtuck County supports the efforts of the U.S. Army Corps of Engineers in protecting such wetlands through the Section 4042 permit program of the Clean Water Act, as well as Section 4013 water quality certifications by the State of North Carolina." Policy ES4, Pages 9-5 and 9-6. "In approving new developments, Currituck County shall support the retention or creation of vegetated buffer area along the ESTUARINE SHORELINES as a simple, effective and low-cost means of preventing pollutants from entering estuarine waters. Exceptions to this requirement may include developments involving pre-existing man-made features such as hardened shorelines, ditches, and canals... The County also supports CAMA use standards for all COASTAL SHORELINES, whether estuarine or otherwise." Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependant (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 MAR 21 2013 Phone: 252-264,3901 \ FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Dr—M-MHDCITY North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 4 of 5 Policy AG1, Page 9-6. "ACTIVE AGRICULTURAL LANDS having a high productive potential, and especially those removed from infrastructure and services, should be conserved for continued agricultural use." Policy AG2, Page 9-6. "Farms and woodlands shall be recognized as an integral part of the county's OPEN SPACE SYSTEM. Efforts to keep these areas viable as part of the area's resource -based economic sector, shall be encouraged." Water Quality: Policy WQ3, Page 9-17. "Currituck County supports policies, plans and actions that help protect the water quality of the county's estuarine system by preventing SOIL EROSION AND SEDIMENTATION, and by controlling the quantity and quality of STORMWATER RUNOFF entering the estuary." Policy WQ4, Page 9-17. "RUNOFF and DRAINAGE from development, forestry and agricultural activities shall be of a quality and quantity as near to natural conditions as possible. Post - development runoff shall not exceed pre -development volumes." Policy WQ6, Page 9-17. "Currituck County supports the retention or preservation of VEGETATED BUFFERS along the edge of drainage ways, streams and other components of the estuarine system as an effective, low cost means of protecting water quality." Policy WQB, Page 9-17. "Currituck County shall support the development and maintenance of a countywide COMPREHENSIVE DRAINAGE AND FLOOD MANAGEMENT PLAN, including public and private actions in support of plan implementation. Currituck County shall support County, NCDOT and property owner cooperation in preventing and resolving stormwater problems." RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 MAR 21 2013 Phone: 252-26439011 FAX: 252-264 3723 ; Internet: www.n000astaimanagement.net An Equal Opportunity 1 Affirmative Action Employer Dr-M NMD CITY North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 5 of 5 Policy WQ9, Page 9-17. "Currituck County supports the efforts of the Currituck Soil and Water Conservation District and the United States Department of Agriculture — Natural Resources Conservation Service to assist farmers and timber operators in the county in implementing BEST MANAGEMENT PRACTICES to protect and improve water quality." Local Countywide Concerns: Policy HP1, Page 9-20. "Local efforts to identify, designate and preserve SITES, BUILDINGS, AND DISTRICTS OF PARTICULAR HISTORIC SIGNIFICANCE shall be supported." Policy HP4, Page 9-20. "The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC AND ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged." Subarea Concerns: Policy ML1, Page 9-21. "Currituck County recognizes the particular interest of residents and property owners in the Mainland Area in PRESERVING FARMLAND AND OPEN SPACE. The County shall exercise diligence in applying policies, plans and actions that will encourage compact growth and the preservation of farmland and open space in the Mainland Areas." RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www,nccoastaimanagement.net f 2 1 2013 An Equal Opportunity 1 Affirmative Action Employer Df,M-MHD CITY Pal McCrory Governor March 7, 2013 N'114'IMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: 1 NCDENR _► �z''� 1�r � rolina Department of Environment and Natural Resources— Division of Coastal Management Braxton C. Davis John E. Skvada, III Director Secretary Renee Gledhill -Carly NC Departntcnt of Cultural Resources Doug I Iugget Major Permits Processing Coordinator CANDVI)R:DGE & FILL Permit Application Review John hI. Forbes, Jr., & The Bank of Ilamilton Roads Last side of Aydleit Road in Poplar 13ranch, Currituck County Excavate drainage ditch, re-establish connection to Currituck Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/13 to 400 Commerce Avenue, Morehead Citv. NC 23557. if you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth continents with supporting data are requested. REPLY: '111is office has no objection to [lie 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 IC Eiu PR tl _ DATE 1367 US,17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX; 252-264-3723 ; Internet: vrvre.nocoastalmanaliement.nei An Equal Opportunity_ l Affirmative Action Employer. MAR 1 3 2013 0D NR North Carolina Department of Environment and Natural Rec, Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director March 7, 2013 MEMORANDUM TO: Kevin Hart NC Division of Marine Fisheries, WaRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John H. Forbes, Jr., & The Bank -of Hampton Roads MAR,2 5 2013 John E. Skvarla, III Secretary Project Location: East side of Aydlett Road in Poplar Branch, Currituck County EAILED Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by--03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /7 / i . DATE 31 oj; 1367 US 17 South, Elizabeth City, NC 27909 Phone; 252-26439011 FAX: 252-264-3723 ; Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer RECEIVED p� „-A � MAR 12 2013 NCDENR PRA North Carolina Department of Environment and Natural Resources OFFICEeRTY Division of Coastal Management Pat McCrory Governor March 7, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Tim Walton, Manager State Property Office Doug Huggett Major Permits Processing Coordinator John E. Skvarla, III Secretary RECEIVED APR 01 2013y s= DCM-MHDCCrY CAMA/DREDGE & FILL Permit Application Review John H. Forbes, Jr., & The Bank of Hampton Roads East side of Aydlett Road in Poplar Branch, Currituck County Excavate drainage ditch, re-establish connection to Currituck Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This 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 DATES 1367 US 17 South, Elizabe ty, NC 27909 Phone: 252-264-39011 FAX: 252-264.3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Pat McCrory Governor NOTA CAMA PERW NCDENR North Carolina Department of Environment;and Natural Resources Division of Water Quality' Charles Wakild, P. E. =John'E.°Skvarla, III Director Secretary April 8,'20 .3 , .' . I j*s ;,_ ; _ .?;• ---DWQ Project if 13-0242 Currituck County Mr. John H. Forbes, Jr. and '. The Bank of Hampton Roads 139 South Mills Road Moyock, NC 27958 Subject Property: John H. Forbes, Jr, and The Bank of Hampton Road Currituck Sound [PAS54,'30-1; Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Forbes: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.04 acres of wetlands and 0.01 acres of waters for the purpose of excavating an existing drainage ditch to reestablish drainage to Currituck,Sound ;at the subject,,property, as described,within,your LAMA Major application dated March 7, 2013 and received.by the,N.C.,Division of -Water ,Quality,(D.WQ) on March-12,, 2013. The impacts described in your application are covered by General Water Quality Certification;Number(s) 3900 (GC3900). This Certification(s) is issued in conjunction with the CAMA Major,Permitand,General Permit(s) 198000291-,issued by the US Army Corps of Engineers (USACE). This Certification allowsyou,to,use .the CAMA 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,explration,of the 4.04 or CAMA Permit. This approval is for the purpose and design that you described, in,youcappiication. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of,th,e permit. 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. North Carolina Division of Water Quality Internal: www newateratialiiv.ore 943 Washington Square Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 Nofth{�/C�ayrr�yolliina An Equal Opportunity/Affirmative Action Employer —50%RecycleNlO% Post Consumer Paper NI4G{Z/.i lly ��iV111 AM p r' /, John H. Forbes, Jr. and The Bank of Hampton Roads )VIII 11'VIP14� /'4 TOM Page 2 of 3 411 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long -as all of"the other -specific and .general -conditions of this Certification (or Isolated Wetland Permit) are met. No,otherimpacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference 404 Wetlands 0.04 (acres) CAMA Major Development Permit Application Sheet 3 Waters 0.01 (acres) CAMA Major Development Permit Application Sheet 3 2. Water Quality Certification The proposed project must comply with all of the conditions of General_Water Quality. Certification (GC) 3900. 3. Erosion & Sediment Control Practices„ Erosion and sediment control practices must be in full compliance with all specifications governing, the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures 'for the project must be designed, installed;° operated, and maintained in accordance with the most recent'versiori;$f the North Carolina Sediment and Erosion Control Planning'and Design Manual.' " b. " The design, installation, operation, and maintenance ofthe sediment and erosion control measures must be such -that they equal; or exceed, the'requirementsspecified in the most recent version of+the'North Carolina Sediment and Erosion Control Manual. The devices`shall be'maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow "pits'associated with the project. a ,;, t , ... • 7.. . , I , c. For borrow pit sites, the erosion and'sediment:cohtrol "measures must be designed, installed; operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementatlorii'must c6mplI94Ath the'reclamation'in accordance with the requirements of the Sedimentation'Pollutioh'Control'Actand the'Mining Act of 1971.' e. If the project occurs in waters or watersheds classified�as`Primary Nursery Areas (PNM), Trout (Tr), SA, WS- J, WS-II, High Quality (HOW), or Outstanding' Resource' (ORW) waters, then the sediment and erosion control requirements contained within Deslgn.Standards'in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion control requirements. 4. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of John,H, Forbes; Jr and The Bgpk of Hampton Roads Oage'3of 3 sediment and erosion control Best Management Practices, shall beperformedso that no violations of state water quality standards, statutes, or rules occur. 5. 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Anthony Scarbraugh of the Washington Regional Office at 252-948-3924 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919-807-6360. Sincerely , For Charles Wakild, P.E. Enclosures: Certificate of Completion GC 3900 cc: Kyle Barnes, Corps of Engineers Washington Field Office DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, Ron Renaldi, Elizabeth City DEMLR, WaRO File copy Charles E. Brown, III, 2005 Johnson Road, Elizabeth City, NC 27909 File:13-0242_John F. Forbes, Jr._The Bank of Hampton Roads_3900_approval/as NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor C. 13.453.12.01 March 7, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Maria Tripp Dunn NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review John E. Skvarla, III Secretary M� 2013 IREµ b k John H. Forbes, Jr., & The Bank of Hampton Roads East side of Aydlett Road in Poplar Branch, Currituck County RECEIVED MAR 2 7 2013 Excavate drainage ditch, re-establish connection to Currituck Sound DCM.MHD CITY Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: TbIs 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 /1/�au� 1 . ► DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2609011 FAX: 252-264-3723 ; Internet: www,nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer ACDE' North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvaria, 111 Governor Director Secretary March 7, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Anthony Scarbraugh, 401/WetlandsBuffers Division of Water Quality - WaRO Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review John H. Forbes, Jr., & The Bank of Hampton Roads MAR 1 2 2013 Project Location: East side of Aydlett Road in Poplar Branch, Currituck County Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/13 to 400 Commerce Avenue, Morehead City. NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated, See attached. This agency objects to the project for reasons described in the attached . SIGNED 1367 US 17 South, DATE 361 / 2e13 An Equal Opportunity 1 AiFlrmative Acllon Employer Regulatory Division Action ID No. SAW-2013-00564 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. John Forbes for a Department of the Army permit to clean out and modify and existing drainage feature through waters and wetlands of the US. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: *. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. *. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAAlNATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. *. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. *. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. *. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. *. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. *. Excavation will not exceed 0.7 feet below the elevation of mean low water. *. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. *. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. *. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. *. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Kyle Barnes, Washington Field Office, Regulatory Division, telephone (910) 251-4584. Sincerely, Kyle Barnes Regulatory Project Manager Copies Furnished: Ms. Karen Higgins N.C. Division of Water Quality, Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr.. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director March 6, 2013 Mr. John H. Forbes, Jr. 139 South Mills Road Moyock, NC 27958 Dear Mr. Forbes: John E. Skvarla, III Secretary The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property owned by you and The Bank of Hampton Roads, located in Poplar Branch, Currituck County. It was received complete on February 25, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 11, 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 February 25, 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 your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right- of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVZD MAR 11 2013 1367 US 17 South, Elizabeth City, NC 27909 r Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.necoastalmanagement.net r"HD CTfy An Equal Opportunity 1 Affirmative Action Employer Mr. John H. Forbes, Jr. March 6, 2013 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of Ron Renaldi's field report and/or comments from reviewing agencies. Sincerely, Frank Jennings District Manager, Northeast District FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC Charles E. Brown, III, Agent, Elizabeth City, NC NoTl(0'$l?gA AMA PERMIT APPLIED FOR PROJECT: n(TCH; Ca A Al EC. ,NC CA✓ATE rrT.,vG � 'zCAla✓E Pc - Cc OPj TO C',&RQ COMMENTS ACCEPTED THROUGH APPLICANT: —yD N /f if 1 'OR OB sS , � /Q . /3 `) SoKr# nrl «s R @b*P AoYe 'r-K, M '--- 27 9 S8� �-52— Y35 - Co�o9f L/ O 3 13 0 It FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Rv.-j rREIJAC,pt DIY- v F C o A STs} C. (AA d*G C f+ENT 4-TG7 La,s. d"Y 17 so•nrm 4�-6Z A 897N c. ry N *- 2,7 90q 252.- RIMA WDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals(a)thecoastla ndtimes. net FROM: Yvonne Carver for Ron Renaldi DATE: 03/06/13 John E. Skvarla, III Secretary SUBJECT: Public Notice: John H. Forbes, Jr., & The Bank of Hampton Roads Please publish the attached Notice in the Sunday, 03/10/13 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. /t1iiT3.0i-iM cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVZD 1367 US 17 South, Elizabeth City, NC 27909 MAR 11 2013 Phone: 252-264-39011 FAX: 252-264-3723; Intemet: www.nccoastalmanagement.net Df-V,A � My 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 02/25/13. John H. Forbes, Jr., & The Bank of Hampton Roads propose to excavate an existing drainage ditch & re-establish connection to the Currituck Sound on the east side of Aydlett Road in Poplar Branch, Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 03/30/13, 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, 03/10/13 MAJOR PERMIT FEE MATRIX Applicant: Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commerc* development that_ does not ' ' $250 100% ($250) 0% ($0) involve the g or excavation of any wetlands or en water areas: II. Public or commercial ❑ development thatdoesnot $400 100% ($400) 0% ($0) involve th mg or exc ion of any wetlands of open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non - El 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.496(See attached) earl be applied: III(C). If General Water , Quality Certification Nd 3490 (see attacheldf could $400 60% ($240) 40% ($160) be applied, but,D'CM 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 applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or ,open water areas: MAR 11 2013 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM, Date JAN /o . 2-0/3 Name of Property Owner Applying for Permit: J WOwl49n Foed Es, J-. Mailing Address: 139 S1)07-N n4111 s Po A-p i✓%oyoe./<� /�.0 . Z7958 RECEIVED V k FEB 2 0 2013 LOASTAL MANAGUAENT ELIZABETH CITY I certify that I have authorized (agent) (?114AZES-Z512o&J1j/ _72-11::: to act on my behalf, for the purpose of applying for and obtaining all CAMA. Permits necessary to install or construct (activity) at (my property located at) Pvial nzy &7.4, � W,. 7, i.✓ LIuR,eITW-k L20 -TA•Jc PARnEL ?t 0092-00000 S70000 This certification is valid thru (date) 7-)6C. 20/3 Owner Signature /y- 90,13 Date RECEIVED MAR 11 2013 1-"' ,,,ram c;ry N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FOR Date Z 11,51 Z,o13 Name of Property Owner Apply--in//g for Permit: T E 13 �,j� of i1�r/ Ibw Mailing Address: RECEIVED FEB 2 0 2013 rnASr+ L/2-AAETr1 ViTj /1/ C l/ 2-7909 tify I certhat I have authorized (agent) d L1 F S to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) at the Bank's property located at 200oT iti? BA-6 CW 041 d „✓ Aix pt9leVel- -11,o0g9,,% 0g58(D000 This certification is valid thru (date) DEL' Z'r,i3 3 Agent for The Bank of Hampton Roads RECENED MAR 11 2013 n-x,,,N" nCITY ■ Complete items 1, 2, and 3. Also complete Rem 4 R 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 mailpiece, or on the front if space permits. 1. Article Addressed to A X I Receivedd by (Printed m--`t...,...:. ^.�' ' i, j;"'•J 60T /try Name C D. Is deIWiyaddr8SSdiffemntlm tam 1 ❑ s If YES, enter delivery addresatbel j-3 Jo L Dt I JOU C I FEB 25 2013 2 VI g a o Fo L k `.'OtIlL�iJ / 4 %Vjf "5. g1P l 1 VI A 2-35 t 3 3. .C'❑"`^"°geghtarad'"" ❑ Insured Mall ❑ Return Recelpt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (FXha Fee) ❑ Yes 2. Article Number 7012 3050 0000 8479 7148 (rrdmfer from service /abed Ps Form 3811, February 2004 Domestic Return Reeelpt 1o2ssso2-M"1st° RECEIVED MAR 11 2013 °'Y'-wm crry Charles E. Brown III Registered Land Surveyor 2005 Johnson Road Elizabeth City, N.C. 27909 February 18, 2013 John C. Gallop, Jr., Life Estate 4524 Hampshire Avenue Norfolk, Virginia 23513 Reference: CAMA Permit for Howard Forbes Dear Sir: FEB 2 0 2013 Please review the enclosed permit application package and understand that J. Howard Forbes, Jr. is seeking permission from The Division of Coastal Management to clean out his farm ditch which drains into the Currituck Sound. You have received this notice because it is one of the requirements on his application. Should you have any objections or concerns about this proposal, you should, within thirty (30) days, send them in writing to the: Division of Coastal Management c/o Ron Renaldi at 1367 US 17 South Elizabeth City, N.C. 27909. Respectfully, , .ostal &ld�� �� CERTIFIEb.MAILT. RECEIPT Charles Brown, PLS 2456 cO .. Acting Agent For a John Howard Forbes, Jr. `u:x v Postag $ Certified Fee'. O 0 M Retum Receipt Fee (Endorsement Required) 4.+."-.7j Pgsgnerk Here O 0 (Endorsement Required) 1-3 TotalPostage B Fees $ Five !! %1P2;? rn ru Sent o - ," 6'R llo '� - rZIo O - . rreet, APt. N o.'45 4 , - ---'----------- `/�`✓t S jppE /Q]r GN. Stare, zt oR FOLK :.. ... ■ complete Items 1, 2, and 3. Also complete gn "' E3 Agent � Rem 4 if Restricted Delivery Is desired. X dresses ■ Print your name and address on the reverse so that we can return the card to you. B. Received by (Pdn d Nam) c, pate of Delivery ■ Attach this card to the back of the mailpiece, r, .-;..,s�- or on the front If space permits. D � addrtiss ENt from Rem 19 ❑ Yes 1. Article Addressed to: f If YES, enter delivery address blow: 0 No JoAn �u,RRD.�Q•£s I F E 8 25 2013 JJ 3. Service TYPO I ❑ Registered ❑ Rehrm Receipt for Merchandise 7-7 96-5 ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? Pft Fee) ❑ Yes 2. Article Number 7012 3050 0000 8479 7131 (transfer from service labeli PS Form 3811, February 2004 Domestic Return Recelpt 102595-02441540 Charles E. Brown III Registered Land Surveyor 2005 Johnson Road Elizabeth City, N.C. 27909 February 18, 2013 John E. Guard, Jr., Estate c/o Dorothy G. Tomlin Poplar Branch, N.C. 27965 Reference: CAMA Permit for Howard Forbes Dear Sir: Please review the enclosed permit application package and understand that J. Howard Forbes, Jr. is seeking permission from The Division of Coastal Management to clean out his farm ditch which drains into the Currituck Sound. You have received this notice because it is one of the requirements on his application. Should you have any objections or concerns about this proposal, you should, within thirty (30) days, send them in writing to the: Division of Coastal Management c/o Ron Renaldi at 1367 US 17 South Elizabeth City, N.C. 27909. Respectfully, r Postal Service-,,, TIFIED MAIL. RECEIPTstic Mail'Only; No Insurance Coverage Provided)very information visit our website at w- .usps.come 01 r 1 a 9 Ir I r,.y a ait d 'a—V a b— c& , � u 1" L .S Postage rt7 Certified Fee _ 1 Postmark , ;i(' O Return Receipt Fee Here - O (Endorsement Required) O Restricted De"' Fee l (Endorsement Required)r11,I.I; 0 $ Ln O Total Postage & Fees [;'i 1 i /._v13 m ru oT�d erq G� 0 E°beet, APLNO., N or PO 9oxNo_________ rly,State,L _______ x>PZff,k 48f4 v-I+ C z79 6s a R+4enn i�y'Mat4tY1(�X'i�° rxiy''�M1; n,ln E[Rl ��,+�4�tiv. �^�,�'i�f��,�A;,'F,'A qn•, ... ; � i ,r r-- 305 FEB 2 0 2013 And the H. D. Newborn, Jr. for himself, hie • heiro,. eXoaytorp, •and adminiatratoru, 'I Ncovenant with the said party of the second part, his heirs and asolgno, that he is seized of I'said promises in foe, and has a right to convey the awe in fee oimplei that the same are free. and clear from all encumbranoco, and that he will warrant and defend the said title to the name against the lawful claim* of all persona whomooever. th99 .jExcepting from the ab ovrlmortgage indebtedness and taxes now against the property herein dcecribed. IN TESTIMONY WHFREOF,,the said party of the first part to these presents has here - ,'unto List his hand and seal the day and year above written. t( II H. D. Newborn Jr. (SEAL). �IState of North Carolina no County of Currltuck I, Edna Lane a Notary Public for said County and State, do certify that Si. D. i Newborn, Sr., unryarried personally appeared before ma thin day, and acknowledged the duo execution of the foregoing (or annexed) inetrumentl WITNESS my hand and notarial coal, thlo llth doy of March A. D., 1938. �. (Notarial Seal) Edna Lane otury Public My Commission expires Nov..BA, 1938 OF NORTH CAROLINA Ss OF ,CURRITUCK The foregoing (or annexed) Cortii'ioate of Edna Lane a Notary Public for Currituok in adjudged to be correct. Lai tho instrument and the certlfioato be registered.' Thin 1P day of March, 1. D. 1938. - R. P. Midgett Clerk Sunorlor Court Filed for registration In the office of the Register of Deeds for Currltuck County on the 12th day of March, 1938, at 10 A, M., and duly recorded. /4-�7 ' Clerk Superior C Cit MAR 11 2013 D^M-PdHD CITY NORTH CAROLINA (DOC. STAMP $ .50) - CURRITUCK COUNTY - I This DEED, Made this the loth day of March, 1938, by and between Sadio J, Woodhouoc, a widow, -of Ourrituok County, North Carolina, party of the first part, to Howard Forbes$ o; " Currituok County, North Carolina, party of the second peril 'WITNL'SSETHt That for and in oonoideratlon of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration, to the party of the first part, paid by the party of the second part,:. the receipt of which in hereby acknowledged, the said party of the first part hum given, gran* 1'1 goo1C ad, bargained, cold and conveyed, and by these prevent[) does hereby give, grant, bargain, Bell and convey, unto the said Howard Forbes, a certain tract or parcel of land lying and being in. Poplar Branch Township, Currituck County, North• Carolina, more p+:rticularly bounded and des. Bribed ao-.follower "Bounded on the North by land formerly owned by Edmund Poynar, docoueod, heirs, now owned by A: '•9. Bauo:rl on the East by Currituck Sound, on the South by the landn formerly belonging to L. C. Baum, now the lands of L. C. Baum, Jr., on the West by the Main Publia,Road, containing SO acres more or less. _ "Being the name lando that "are devised to the said Sadie J. Woodhouse by her father S. D. Dunton, and the name lands devised by S. D. Dunton to his wife..Willie Love Dunton, than to Sadie J. Dunton, now, Sadie'J. Woodhouse the -grantor heroin, and William Be Dunton. The portion devised to the said William S. Dunton having been doodlito Willie L. Litchfield, formerly Willie Love Dunton, who was the mother of Sadie J, Woodhouse, by deed dated August'_ 1909, and recorded in Deed Book 60, page 228. Being a part of the same lands which were . devisad by William S. Dunton to Lonnie Dunton, his wife, by his last Will and Testament which ie duly udecrded in Will Book 6, in the office of the Clark of the Superior Court of Currituck County." TO HAVE AND TO ]MID the above described tract or parcel of land with all privileges and appurtenances thereto belonging or in anywise tharounto appertaining, to him the said Howard Forbae, hie heirs and aseigns,.in fee simple absolute forever. And the said party'of the first part, for herself, her heirs, executoru, adminiotratorl and asalEnn, covanamts to and with the said party of the second part, hie heirs and aosigno," that she ie,the owner and is seized of said lands in. fee simplol that she has the right to convey the come in fee oimplel that said lando are free ando9ear from all lieno and encumbrelni and she will, And her heirs and aoeigno shall forever warrant•and defend the title to the same aguinet the lawful claims of ,all peroono whomsoever. IN TESTIMONY NHEREOF, the patty of the firot'part has herounto not her hand and affixed bar Deal, the day and year first above written. Sadie J. Woodhouse (SEAL) i NORTH CAnOLINA CURRITUCK COUNTY .I, J. W. Forbes, a Notary Public in and for Currituck County, North Oarolina, do • hereby certify that Sadie J. Woodhouse, a widow, personally appeared before me this day and.;: L e foregoing dead for the purposes therein oxprvsned, acknowledged the duo execution of th Witncee my hand and notarial soul, thin the 11 day of March, 193B. (Notarial Seal) J. W. Forbae Notary Public IAy Commission expires the 20 day of Doc., 1939. .'. NORTH CAROLINA CURRITUCK COUNTY ^.Thu foregoing certificate of`J•'W. Forbes, a Notary Public In and ,for Currituck County, North, Carolina, attested by his notarial veal, to adjudgad•ito be correct. Lot the instrument with Jl s, certificate be registered, 'Thin the 12 day of Marsh, 1935'. If t R. P. Mid ett { ` Cler uper or Dour Fred for'rdgihtration'1n the office of the Register of Dvede for Currituck 0ounty on .the t " l2th,day of March, 19$8, at 10 A: M,; and duly reeordad: vg aao-rofee it .. •�i ri. .. i i. ,• 1 ..__:;s.u.�.. ::-..._.. MI ice, IrM '.i .:.:....'.:. ...__�. .�, l 1t.,�'§'}.. ' d"L�IIF'3itN'9iWUrr•r.,..::..:......._ ., ok,-13j6 Page:420 TRAiN'SFER TAX AMC�j;N'r fir _ DATEiCOLLECTOR ff� Tax Collector Certification That No Delinquent Tare$ .Are Due. Date By : Ccrtifirui0 expirae Jan. 6;h of the year following certification date. DRAWN BY/MAIL TO: POYNER SPRUILL LLP P. O. BOX 1801 RALEIGH, NC 27602-1801 *Without 7Yt1e Examination' FEB 2 0 20113 811K 1176PAGE 042 J INII 'D.' I I00236 Doo ID: 101360230004 Type: CRP Recorded: 10/31/2011 et 11:0%13 AM \ Q Fee Amt: 1" 888.00 Pepe 1 of 4 1,.t\ j E%C19e TaX: 37,880. 00 CherlehekV0Dovdv'Reglster of Deeds ak 1176 PD420-423 TRUSTEE'S DEED THIS INSTRUMENT WAS PREPARED BY WILLIAM BRUMSEY, W, ATTORNEY AT LAW, WHO IS A LICENSED NORTH CAROLINA ATTORNEY. NORTH CAROLINA Parcel Nos.: See Exhibit A attached hereto CURRITUCK COUNTY Revenue: $7,560.00 Grantee's address: PO Box 1908 Elizabeth City, NC 27906 This Trustee's Deed, is made and entered into this /O -day of October, 2011, by and between William Brumsey, IV, substitute trustee as hereinafter stated, Grantor, and The Bank of Hampton Roads, successor by merger to Gateway Bank & Trust Co., Grantee. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. ]MUNE,HUH: Whereas, Currituck Crossing LLC a/k/a Currituck Crossing, LLC executed to GBTC, Inc., Trustee, a deed of trust dated November 8, 2006, and duly recorded in Book 975, Page 561, in the office of the Register of Deeds of Currituck County, North Carolina ("Deed of Trust"); Whereas, Grantor was substituted as trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of Currituck County, North Carolina; Whereas, because of default in the payment of the indebtedness and the holder of the indebtedness having called upon and made demand of Grantor to foreclose on the Deed of Trust, 0111464009000a141e91aV1.0 RECEIVED '/.4R 11 2013 nor Vr.TD CITY Book: 1176 Page:421 Bon 1176FAGEO421 Grantor, after due advertisement as required by law and the tem>s of the Deed of Trust, did on September 27, 2011, at 10:00 o'clock A.M. at the Courthouse door in Currituck, Currituck County, North Carolina, expose to public We the property hereinafter described and described in the Deed of Trust ("Property'% where and when The Bank of Hampton Roads, successor by merger to Gateway Bank & Trust Co., became the last and highest bidder for the same at the price of Three -million, seven -hundred eighty thousand and No/100 Dollars ($3,780,000.00); Whereas, on the day of the sale a report thereof was duly made to the Clerk of Superior Court of Currituck County, North Carolina (`Clerk'). and filed in Special Proceedings File No. 11 SP 175; Whereas, the sale remained open for ten days after the filing of the Report of Sale, and no upset bid was offered and no objection made; Whereas, the purchase price has been paid in full. Now therefore, Grantor, in consideration of the som of Three -mullion, seven -hundred eighty thousand and No/100 Dollars ($3,780,000.00), the receipt of which is hereby acknowledged, and pursuant to the authority vested in Grantor by the terms of the Deed of Trust, by these presents does bargain, sell and convey unto Grantee, the Property sold as recited herein the same lying and being in the County of Currituck, State of North Carolina, and more particularly described as follows: TRACT ME Being all of that certain 34.93 +/- acre parcel and 61.17 +/- acre parcel as q� / shown and delineated on that certain map or plat entitled "Survey for Patricia B. Buckler t and Ella M McWilliams, Baum Farm, Poplar Branch Township, Currituck County, North Carolina, dated September 21 and 29, October 13,17 & 23,1995, by Mark D. Pruden, a As�klee Registered Land Surveyor, which map is recorded in Plat Cabinet F, at Slides.64 and in the Currituck County Registry, and which is by reference incorporated herein for a more complete description. rlakGcR s �`w/IJ,s„ TRACT TWO: Being all of that certain 53.88 +/- acre parcel as shown and delineated on that certain map or plat entitled "Survey for Patricia B. Heckler Estate and Ella B. m McWilliams, Poplar Branch Township, Currituck County, North Carolina," dated JNy 26 ` I 5 3 & 29, 1996, by Mark D. Pruden, a Registered Land Surveyor, which map is which recorded � Plat; Cabinet F at Slides 147 and in the Carrituck Countyi and b y 11 reference incorporated herein for a complete description. Grtil �P ' TRACT THREE: BEGINNING at an iron pin or other marker located in the West margin or right of way of Aydlett Road, known as State Road 1137, said road having a right-of- way of 60 feet at this point, sold point of beginning being also located in the Northeast corner of property now or formerly owned by Gene D. Younkins ct uz; thence from said point of beginning along the North line of the aforesaid Younkins property and an extension thereof South 79 deg. 01 mhr- 00 am West 1219.89 feet to an iron rod act in the centerline of a ditch; thence along the centerline of a ditch North 02 deg. 38 min. 54 sec. East;774.51 feet to an iron rod set located in the South lice of property known as the Baum farm, as same is described In map or plat recorded in Plat Cabinet F, Slide 64, Currituck County Registry; thence along the South Hue of the aforesaid Baum farm property North 82 deg. 41 min. 31 sec. East 103824 feet to a point located in the West margin or right-of- way of the aforesaid Aydiett Road; thence along the West margin or right-of-way of osss+e.000soow,ut+e�ea.o Page: 422 ffGaK 117 6 PAGE Q 4 "c , Aydlett Road South 11 deg. 02 min. 25 sec. East 685.54 feet to the point and place of beginning. This being that certain property described and delineated on that plat entitled "Boundary Survey for Currituck Crossing, LLC", dated April 10, 2006, prepared by Albemarle & Associates, Ltd., which map or plat is incorporated herein by reference. LESS AND EXCEPT Lots #1, 63 sad 66, Phase One, Currituck Crossing, as shown on plat recorded in Plat Book L, Pages 41-44, Currituck County Registry. This conveyance is subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a Gen subsequent to the recordation of the Deed of Trust. This conveyance is further subject to the right if any, of the United States of America to redeem the above -described property for a period of 120 days following the date when the final upset bid period has expired. To have and to hold the Property and premises together with all privileges and appurtenances thereunto belonging to Grantee in as full and ample a manner as Grantor, as Substitute Trustee, has power to convey the same. In testimony whereof, Grantor has caused this instrument to be duly executed as of the day and year first above written. SUBSTITUTE TRUSTEE By:(SEAL) William BrumseyN11 Esq. State of Norh Carolina County of l lyy ly1I OAC I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: William Brumsev. IV Substitute Trustee Date: 16day of Q2:U2E[2JZ2011. Official Signature of No Notary's Printed or Typed Name: _ 11�Ght no MI L a Notary p„biic My Commission Expires: IO ZtPI Z10I J oN MiAf i (Official Seal) 4 IOTA qy'•; 9 _ y i i GO awaaa.a `• ........ +` : t �,- i nis is a word processing Corm to be completed in Microsott Word«.- NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant John H. Forbes, Jr. & The Bank of South Hampton Roads Date: 3 A. 3 Project Site County., Currituck Sta/f., Ron Renaldi District: ®Elizabeth City ❑Washington ❑Morehead City []Wilmington Project Name: Rover File: Date of initial application submittal (EX., 1/&2007): 2/20/2013 Date application 'received as complete"in the Field office (EX. 1/8/2007): 212WO13 Permit Authorization: ❑LAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑ Yes ❑No Photos Taken: Yes® No❑ Setback Required (riparian): ❑Yes ®No Critical Habitat: El Yes ®No ❑Not Sure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: ❑Yes ®No SAV.❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ®No ❑Not Sure Temporerylmpacts: ®Yes ❑No Sandbags: E3 Yes ®No ❑ Not Sure Did the land use classification come from county LUP: ®Yes []No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: ®Yes ❑No []NA I Environmental Assessment Done: El Yes ❑No®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) El Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ® (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Llmonium sp.) Ej (SS) Glasswort (Sa/icomia sp.) wetlands) ❑ (CV) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartlna (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis [I (SC) Bullrush or three square (Schpus (TY) Cattail (Typha sp.) spicata) sp,) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 El Ill(A) Private w/ D&F up to 1 acre; 3490 ® III(D) Pdv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit- $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 ❑ Ill(B) Public or commercial w/D&F to 1 ❑ Express Permit - $201WCCWED acre; 3490 can be applied - $400 Major development extension request - 0 11. Public or commerciaUno dredge $100 and/or rill-$400 MAR 11 2013 ❑ 1. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm, w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 '.':TY 252-808.2808 :: 1.888.4RCOA8T :: www.nccoastalmanaoament.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant John H. Forbes, Jr. & The Bank of South Hampton Roads Date: 311122013 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 Drainage New wont ❑ Replace 70 ( 1 Ditch Maint ® ❑ Y ® N Excavation New Work Replace 20 6 1 dredge Maint ❑ ❑ Y ® N High Ground New work ❑ Replace 40 14 disturbance Maint ® ❑ Y ® N Spoil New Work ❑ Replace 85 10 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 - NewWork❑ 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 El ❑Y[IN New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Wodr❑ Replace Maint El ❑Y❑N New Work❑ Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 .� NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: John H. Forbes, Jr. & The Bank of South Hampton Roads Date: 3112013 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration andror restoration or and/or temp restoration or temp impact temp ire acts impact amount temp impacts amount High Ground Dredge ❑ Fill ❑ Both ❑ Other ® 560 560 Shallow Bottom Dredge ® Fill ❑ Both ❑ Other ❑ 120 120 Shoreline Dredge ® Fill ❑ Both ❑ Other ❑ 10 10 USCoE wetland Dredge ® Fill ❑ Both ❑ Other ❑ 420 420 USCoE wetland Dredge ❑ Fill ❑ Both ❑ Other ® 1162 1162 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 ❑ RECEIVED MAR 11 2011 252-808-2808 :: 1-888-4RCOAST :: www.nccoaslalmanagement.net revised: Nov. 2012 File Name : 905 Aydlett Rd_1.JPG Shooting Date/Time : 4/10/2012 3:27:08 PM Shooting Mode : Auto ISO Speed : Auto Image Size : 2048x1536 File Name :905 Aydlett Rd_10.JPG Shooting Date/Time : 4/10/2012 3:33:06 PM Shooting Mode : Auto ISO Speed : Auto Image Size : 2048x1536 2ECEIVED MAR 11 2013 "vsD Crw File Name : 905 Aydlett Rd_11.JPG Shooting Date/Time : 4/10/2012 3:33:14 PM Shooting Mode : Auto ISO Speed : Auto Image Size : 2048x1536 y Y�� .P}. aj � 8 Y '.ty.� ! •1 M x# - File Name : 905 Aydlett Rd_5.JPG Shooting DatelTime : 4/10/2012 3:30:27 PM Shooting Mode : Auto ISO Speed : Auto Image Size : 2048x1536 File Name : 905 Aydlett Rd_6.JPG Shooting Date/Time : 4/10/2012 3:31:07 PM Shooting Mode : Auto ISO Speed : Auto Image Size : 2048x1536 File Name :905 Aydlett Rd_7.JPG Shooting Date/Time : 4/10/2012 3:31:17 PM Shooting Mode : Auto ISO Speed : Auto Image Size : 2048x1536 m At DCM Coordinator: Permit #: LC� MAILING DISTRIBUTION SHEET 65 Permitee: ri 't � lrJ 0_ S Agents: 01 14,t Z ��Pt✓v` DCM Field Offices Elizabeth City,✓ (with revised work plan drawings) Morehead City Washington Wilmington 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 (WARD) Marine Fisheries: Anne Deaton ✓ 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 #: