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154-96 Shank, Paul
Permit Class 4'r NEW i STATETvN TH,C Department of EnG'rrotunett Teal .. ..;�.7._u5 PemritNumber .454-96 i gaatt�ural Resources s 9 on X .I 3 t ='" f a :9 . Major Developmi nrm an Arex }Enyimnmental Concern pursuant to NCGS 1-1 X,�-Ut 8.ilt , X Excavation and/or fi lr g-pursuant to NCGS 113-229 Issued to Paul Shank 1258 Oakmont Circle, Westchester, PA 19380 authorizing development in Currituck Couniy at Currituck Sound at Lot 121, South Harbor Shores, Monteray Shores , as requested in the permittee's application dated 7/26/96 including attached workplan drawing dated 7124/96. This permit, issued on \ ` _ \ — 'zk u , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1) The bulkhead will not extend waterward more than 3 feet from the normal water level at any point along its alignment at the time of construction. 2) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The bulkhead must be constructed prior to any backfilling activities. attached sheet for Additional 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 Departmental approval. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. ILA, Roger N.99checter, Director 'Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee §,:.. Permit Class 'NEW;;" STATE OT�NOi?; Ct1ROL Department of Envuonmenealth �c Na Coattalesources Comr usst X Major Dev( pursuant to X Excavation and/or Concern QUAM 'pursuant to NCGS 113-229 Issued to Paul Shank,1258 Oakmont Circle, Westchester, PA 19380 authorizing development in Currituck County at Currituck Sound at Lot 121, South Harbor Shores, Monteray Shores , as requested in the permittee's application dated7/26/96 including attached workplan drawing dated 7/24/96. This permit, issued on \ \ _ \ _ Qk 1e , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1) The bulkhead will not extend waterward more than 3 feet from the normal water level at any point along its alignment at the time of construction. 2) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The bulkhead must be constructed prior to any backfrlling activities. attached sheet for Additional This permitLaction 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 Departmental approval. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. _�.Roger N. 19checter, Director cDivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Paul Shank Permit#154-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) The backfill material will be clean and free of any pollutants except in trace quantities. 7) All back fill material will be obtained from a highground source and confined the permitted bulkhead. 8) No excavated or fill material will be placed at any time in ant vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). 9) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. Sedimentation and Erosion Control 10) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 11) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion.. General NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3025 (DWQ Project No. 960909), which was issued on October 30, 1996. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199605013. Form DCM-MP-1 GE-CEMED APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Mr. Paul Shank Address 1258 Oakmont Circle City Westchester State PA Zip 19380 Day Phone 610-701-9262 Fax 610-583-7411 b. Authorized Agent: Name Environmental Professionals, Inc. Address P.O. Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone 919-441-0239 Fax 919-441-0721 c. Project name (if any) Shank - Monterav Shores NOTE: Permit will be issued in name of landomer(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Currituck JUL 3 0 1996 b. City, town, community or landmark Monterav Shores c. Street address or secondary road number Lot 121, South Harbor View d. Is proposed work within city limits or planning jurisdiction? X Yes _ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Currituck Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina bulkhead, pier, and excavation and/or filling activities. Construction of bulkhead and baekfill b. Is the proposed activity maintenance of an existing project, new work, or both? New Work c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project If more space is needed, please attach additional pages. Installation of sheet bulkhead to abate shoreline erosion. Form DCM-MP-1 f�rl+[,m!r'!� 11:_'v LI S� �1 APPLICATION JUL 3 0 1996 (To be completed by all applicants) If yes, has a delineation been conducted? Yes 4. LAND AND WATER (Attach documentation, ifavallable) CHARACTERISTICS a. Size of entire tract Lot 121= 11,922 sq,8. b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract Newhan - Corolla Complex (five sands) e. Vegetation on tract Wax Myrtle. Black Cherry, Black Cherry, Black Willow. Bullbrier f. Man-made features now on tract None g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) X Conservation _ Developed Rural X Transitional _ Community Other It. How is the tract zoned by local government? Residential 90 -1 i_ Is -the proposed project consistent with- the applicable zoning? X Yes — No (Anaehzoning compliance certificate, ifopplieable) j. Has a professional archaeological assessment been done for the tract? _ Yes X No Ifyes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? _ Yes X No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) — Other 404 m. Describe existing wastewater treatment facilities. Community Service tL Describe location and type of discharges to waters of the state. (For example, surface runoff sanitary wastewater, industnal/commercial effluent, "wash down" and residential discharges.) None o. Describe existing ddnldng water supply source. Community Service 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. t! An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description) Please note that original drawings are preferred and only high quality copies will be accepted Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant Form DCM-MP-1 JUL 3 0 1996 other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be. sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the lice. '@A Stormwater Certification, if one is necessary. 40A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Upon signing this form, the applicant further certifies that such notice has been provided. Name Farrand Street Associates Address 46 Forrand St. Phone Bloomfield, NJ 07033 Name Address Phone Name Address Phone (own properties on both sides) • A list of previous state or federal permits issued for work on the project tract. Include perout numbers, pemrittee, and issuing dates. N/A 0 A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. a A signed AEC hazard notice for projects in oceanfront and inlet areas. 0 A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERAUSSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit ' I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the X6 day of JJ4' 19-C29-. Print Nam=rorAuthorizedAgeni Signatti Please indicate attachments pertaining to your proposed project X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of eachform Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater qDy- kli-i ugm Other (Excluding shoreline stabilization) JUL 3 0 1996 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A — b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL N/A a. Location of disposal area b. Dimensions of disposal area N/A c. Do you -claim title to disposal area? N/A Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? _ Yes If yes, where? ta�iet-�p,Ttt,�s � 2o�tr76�7 wmd (rnlJlrlo�tr�t-r.t�� v/a3 %t b be available for future No N/A �J Jf}� JoH�ISGivnl Revised 03195 Form DCM-MP-2 JUL 3 0 1996 . e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? N/A (1) Amount of material to be placed in the Yes No water `3,c. yds (2) Dimensions of fill area Tx-s 9 L77 f. Does the disposal include any area in the water? Yes No N/A (3) Purpose of fill Ba kfi 11 Rulkhpnd 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL 3' — 4' d. Maximum distance waterward of MHW or NWL 4' e. Shoreline erosion during preceding 12 months + " (Source ofinfonnation) Personal observation f. Type of bulkhead or riprap material Wood g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead backfill 3 c. yds h. Type of fill material Sand i. Source of fill material Commercial Supplier 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) DDt ensiQns QQf fill area Fringe of section 40+�wetlands — 1,6 s4� q ft: (2) Purpose of fill Ba kfi 11 to h„lkhpad 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Fill material smoothed and grassed b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? water pump and hand tools c. Will wetlands be crossed in transporting equipment to project site? _ Yes _X No If yes, explain steps that will be taken to lessen environmental impacts. P.,./ Sladc Applicant r Project Name r,+,%� f Sign, re Date T Revised 03195 09-26-199G 09:19ATI FROM Enuironmental Prof. Inc TO 19192643723 P.01 Appu CaS OuTs CURRITUCK NONTERAY SHORES SUED. N VICINITY MAP rccclktco AIM 2 G 1996 Post -IV Fax Note 7671 DAN, T9� � /JJ N From Ja 1 .b GolDeat. , A Do. PAona",, L A/ ag O! PGonea Fax Az eye 'S7e2 Falb y �rrrr.�.--�rrr.-� r —CURRIIUCK SOUNDr ' •--+ r r r r r r r PROvosED eutxHv,D' � ^' EXISRNG NOW OR FORMERLY FARRAND ST. ASSOCIATES AREA TO BE FT -LED OR UNDISTURBED AREA DISTURBED FABMCMU'Low EXISTING GRADE PIN9j eM1x65 AW. 7y CROSS SECTION A —A' N S 8 A EXISTING GRADE SpG n�E I ECS �Y y9�ep PROPOSED BULKHEAp BULKHEAD DETAIL NTS PAUL SHANK sqA� CAMA MAJOR PERMIT APPLICATION NU .OT 1 11 PHASEI SEC.2 MONTERAY SHORES DRAWN E PCALAR BRANCH MSP. CLNUTUCK COUN I7 NUNW CdRN INd RWrP _,EMSTNG 1 BULKHEAD PIANO �*k1f NOW OR FORMERLY rCn.AROs FARRAND ST. ASSOCIATES -MT FENCE 1640 Sq. FI, AREA TO BE FILLED IW7.39 Sq. FL EAMN AECI A' 1152.81 Sq. FT. OUTSIDE AECI ]E' AEC SETBACK r UPLANDS 122 y� R, 4 PROFESSIONALS INC. P - PLANNING FOR A BETTER 7/24/se ENVIRONMENT 9G-195 P.O. BOX 3308 JJ KILL UEML HILLS, N.C. 2794a 1'w PHONE (919) Nt 0239 FAX (v91 u. mi. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 20, 1996 Regulatory Branch Action ID No. 199605013 and State Permit No. 154-96 Paul Shank 1258 Oakmont Circle West Chester, Pennsylvania 19380 Dear Mr. Shank: Reference your application for a Department of the Army (DA) permit to construct a bulkhead and place fill material into Section 404 Department of the Army jurisdictional wetlands, on property identified as Lot 121, Section 2, Monteray Shores Subdivision, located off Sun Burst Court, adjacent the Currituck Sound, in Corolla, Currituck County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. SinnQcerIely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished with enclosure: Mr. John Dorney Division of Environmental Management , �LCF1vED North Carolina Department of Environment, 40V 2�'J11996 Health and Natural Resources Cu1U'IpL 4401 Reedy Creek Road ("'D,,NAJEMENT Raleigh, North Carolina 27607 -2- Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. John Parker - Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 State of North Carolina Department of Environment, Health and Natural Resources • 0 Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID E H N FR Roger N. Schecter, Director November• 5, 1996 Mr. Paul Shank 1258 Oakmont Circle Westchester, PA 19380 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. 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 I I3A-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, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it 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. Very sincerely, John IL Parker, Jr. Major Permits Processing Coordinator JRP.jr/amw Enclosure P.O. Box 27687, N�`i' FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) U C) APPLICANT: Paul Shank COUNTY: Currituck LOCATION OF PROJECT: Lot 121, Phase I, Section 2, on the corner of Sun Burst Court and South Harbor View, Monteray Shores Subdivision, Corolla. DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 30, 1996 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: Lynn W. Mathis DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: DATE APPLICATION RECEIVED IN PUBLIC NOTICE REC'D: ADJ. RIP. PROP NOTICES REC'D: C APPLICATION ASSIGNED TO: 75 DAY DEADLINE: 10 - f3 - 9L MAIL OUT DATE: q — S — % FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE i REC'D: $ DATE: y- 7 3 - y REC'D: Z, l—{ 150 DAY DEADLINE: STATE DUE DATE: Z FED. COMMENTS REC'D: DRAFT ON /0-37-�6 AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance Land Quality Section Div. of Env. Management ro-IV - iG State Property Office Div. of Archives & History l�'t'eG Div. of Env. Health Div. of Highways Wildlife Resources Commission U _!• _ v Div. of Water Resources ® _ G} / Div. of Marine Fisheries �- /2-i6 'Se /I'vva Coe? Lel-,s MEMORANDUM TO: John Parker, Jr. FROM: Lynn W. Mathis ,, RFCEIVEO SEP 17 1996 CUnJIMI, ! SUBJECT: CAMA Major Permit Application for Paul Shank in Currituck County DATE: September 6, 1996 �• JOY 5hoiet�a. North Carolina Administrative Code Section 7H .0208(2)(A) states that prior to the issuance of a permit, the location, design, and need for development must be consistent with the stated management objective. The management objective for development in estuarine shorelines, found in Section 7H .0209(d), is as follows: "To ensure shoreline development is compatible with both the dynamic nature of estuarine shorelines and the values of the estuarine system". The area that the applicant proposes to fill is located along a narrow strip of land 29' wide and adjacent to Currituck Sound. The County's side building setback is ten feet (10') which leaves a nine foot (9) wide buildable strip. The land to be filled is not necessary in order to meet any minimum requirements to develop the site and appears to be based on no particular need for development other than to access the Currituck Sound. Sound access can be accomplished by constructing a raised walkway and avoid the un-necessary filling of non -coastal wetlands. The project does not appear to a compatible with the dynamic nature or value of this estuarine system. There is evidence of erosion along the applicants property requiring some form of shoreline stabilization, but a low bulkhead or riprap system could afford protection while avoiding the need for extensive backfill in the adjacent wetlands. Section 7H .0208(b)(7)(E) states: "Where possible, sloping riprap, gabions, or vegetation shall be shall used rather than seawalls." Based on the above information, I recommend that the applicants request to fill non - coastal wetlands be denied and that the permit be modified to include only shoreline stabilization. Shoreline stabilization should be confined to the installation of a riprap system or a bulkhead placed at a height requiring minimal disturbance of the adjacent wetlands. Recommendation for Paul Shank September 11, 1996 Page 2 The following are recommendations for shoreline stabilization: A) Bulkhead: 1) The will not extend waterward more than four feet (4') feet from the normal water level at any point along its alignment at the time of construction. 2) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 3) The bulkhead must be constructed prior to any backfilling activities. 4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. ') Minimal disturbance will be permitted and shall be confined to that necessary to install and backfill deadmen. 8) No fill material may be placed in adjacent wetlands excepted as needed for the installation of the bulkhead. 9) The disturbed area directly behind the bulkhead will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. ' I/ u Recommendations for Paul Shank September 11, 1996 Page 3 10) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 11) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. B) Riprap System: 1) The alignment of the riprap system must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 2) The riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or similar material, are not considered riprap. 3) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 4) No backfill material shall be placed in adjacent wetlands. State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management _ James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: John Parker, Jr. FROM: Lynn W. Mathis �}�1 SUBJECT: CAMA Major Permit Application for Paul Shank in Currituck County DATE: September 6, 1996 The North Carolina Administrative Code Section 7H .0208(2)(A) states that prior to the issuance of a permit, the location, design, and need for development must be consistent with the stated management objective. Section 7H .0209(d) states the Management Objective in Estuarine Shorelines: "To ensure shoreline development is compatible with both the dynamic nature of estuarine shorelines and the values of the estuarine system". The area that the applicant proposes to fill is located along a narrow strip of land adjacent to Currituck Sound. The Currituck's side building setbacks are 10' leaving a nine feet (9') to build on. The area to be filled is not necessary to make the lot buildable and appears to be based on no particular need for development other than the desire of the property owner to remove the non -coastal wetlands. By using a raised walkway, the property owner can access the sound while avoiding the un- necessary filling of non -coastal wetlands. The development, as proposed, does not appear to a compatible with the dynamic nature or value of this estuarine system. There is evidence of erosion along the applicants property and a form of shoreline stabilization is necessary, and a low bulkhead or riprap system would afford protection while avoiding the need for extensive backfill in the adjacent wetlands. Section 7H .0208(b)(7)(E) states: "Where possible, sloping riprap, gabions, or vegetation shall be shall used rather than seawalls." Based on the above information, I recommend that the applicants request for a CAMA Major Permit be denied or modified to incorporate a low bulkhead or riprap system, and not to include wetland fill activities. RECEIvEO SEP 121996 COMM 1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 91 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer pc State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John Parker FROM: John A. Thayer Jr. AIC 1DEHNFR SUBJECT: Major Permit Request By Paul Shank to Construct Bulkhead and Fill Estuarine Shoreline, Adjacent to Currituck Sound Near The Comer Of Sun Burst Court and South Harbor View, Monteray Shores Subdivision In Corolla DATE: September 20, 1996 The project proposal is to construct a 29 foot bulkhead waterward of the normal waterline and backfill about 1,640 square feet of 404 wetlands along the Estuarine Shoreline located in Monteray Shores Subdivision, Corolla, Currituck County, adjacent to Currituck Sound. Consistency Determination: The County's proposal is consistent with it's LUP document. . Basis for Determination: The Currituck County 1990 Land Use Plan certified by the CRC on July 25, 1991 was reviewed to consider a determination. The proposal involves a small length of bulkhead, and the filling of 1,640 square feet of 404 wetland/Estuarine Shoreline. County Land Use Goals and Policies related to estuarine systems includes the following on page 62: "Goal: 7.2 To maintain the high quality of estuarine waters and to promote appropriate development along estuarine shorelines so as not to degrade the Estuarine System." LUP tent also states: "Appropriate development for estuarine waters include low impact recreational uses that do not interfere with the vital functions of the estuarine waters such as raised walkways, docks, bulkheads, boathouses, etc., and other uses that comply with CAMA regulations of the Unified Development Ordinance and that comply with the CAMA regulations ..... Appropriate development for estuarine shorelines includes those uses listed as being permitted in the Unified....." Page 1 7 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper I L. State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 3, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: )Plunk PROJECT LOCATION: Lot 121, Phase 1, Sec. 2, Monteray Shores S/D, Corolla, Currituck Co. PROPOSED PROJECT: To construct a bulkhead and fill 1,640 sq. ft. Of `404 wetlands. Please indicate below your agency's position or viewpoint on the proposed and return this form by September 24, 1996. If you have any questions regarding the proposed project, please contact J Parker at 733-2293. When appropriate, in-depth comments with supporting data are request . �\ 11 LJ40rtjV� REPLY This agency has no objection to the project as proposed. %ch This agency has no comment on the proposed project. This agency approves of the project, only if the recommende incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed ",Q,. 1. "k( Date q - ID -ft U NSW k- P.O. Box 27687, Ni C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal FAX Action Employer Voice 919-733-2293 -? 50% recycled/10% post -consumer paper ® North Carolina Wildlife Resources Commission D 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director IyIaLVAM M11 1100 81TI TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR Q' FROM: William Wescott, Coastal Coordinator Habitat Conservation Section DATE: September 30, 1996 SUBJECT: CAMA State dredge and fill permit application review formal Shank, Monteray Shores, Corolla, Currituck County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A- 128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) The applicant proposes to construct a 29 ft. bulkhead approximately 3 ft. waterward of the normal water line, and fill 1,640 ftZ of 404 wetlands adjacent to Currituck Sound. Total area of disturbance is 1,727 ft2, and water classification is SC. This project would result in the loss of 1,640 ftZ of 404 designated wetlands and would eliminate exchange of water between the sound and wetlands located on the adjacent property. Although the site in question is relatively small, the piecemeal filling of wetlands ultimately results in the destruction of large areas of wetlands. As proposed, the project is inconsistent with our Policies and Guidelines for Conservation of Wetlands and Aquatic Habitats. The WRC actively discourages development proposals and activities with potential for impacting wetlands or aquatic habitat resulting in degradation or destruction of fish, wildlife, or naturally functioning ecological systems or processes. Wetlands such as those found on this site provide functions which benefit the public as well as fish and wildlife. Wetlands act as a stormwater runoff purification zone Paul Shank September 30, 1996 between upland areas and surface waters. Wetlands store and convey flood waters and provide shoreline erosion protection through attenuation of wave energy. Wetlands also serve as a physical habitat for numerous species of amphibians, reptiles, birds, and mammals. In some instances, wetlands serve as a spawning and nursery area for anadromous fish. Through deposition of detritus into adjacent waters, wetlands contribute large quantities of organic carbon, forming the food chain base and the resulting biological productivity for many aquatic ecosystems. In order to reduce the impacts to the wetlands on the project site we recommend the bulkhead be constructed landward of the existing wetlands. An alternate means of shoreline stabilization (i.e., a low rip rap breakwater) could be used waterward of the existing wetlands. This method would effectively reduce shoreline erosion while protecting the wetland habitat on the project site. We appreciate the opportunity to provide input into this permit application review. If you need further information on these comments, please contact Chad Thomas, District 1 Fisheries Biologist at (919)3354961. State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director u R uPT. a►o To A 'I' 14LJ [D FE F1 3 September 1996 TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A. Wojciechowski � SUBJECT: DREDGE AND FILL PERMIT Paul Shank - Project Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc fe7VEo SEP I21996 �tiil:• �rL ft"•,4NAGEM,EPJi P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, PWAA Health and Natural Resources 1 Division of Marine Fisheries j� IL James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator THROUGH: P. A. Wojciechowski, Permits Coordinator ll FROM: Sara E. Winslow, Biologist Superviso�hJ SUBJECT: Paul Shank Project DATE: August 28, 1996 The following comments by the North Carolina,- Division of Marine Fisheries are provided pursuant to General Statute 113-131. This agency approves of this project only if the recommended changes are incorporated. This agency is concerned with the proposed filling of 1,640 square feet of wetlands. Over 1,400 square feet of the wetlands are within the AEC. Cumulative impacts may also occur to the wetland area as it extends on to the adjacent property. Wetlands are of great importance to fisheries resources, serving as sources of biological productivity, providing food directly and indirectly. Finally, wetlands perform important roles in modifying acute impacts of hydrologic events, moderating stormwater flows, trapping sediments and providing nutrients for incorporation into resident plants. The filling of these wetlands is not necessary for the lot to be buildable or to gain access to the sound. The Division objects to the filling of these wetlands. The applicant could construct a walkway across the 404 wetlands to the sound. The proposed 29 linear feet of bulkhead should be changed to either riprap or a low water bulkhead. Either of these structures completed with no fill of the wetlands would allow the area to continue its existing function. P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper I State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 27, 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator [DEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul Shank Project Location: Lot 121, Phase 1, Section 2, on the corner of Sun Burst Court and South Harbor View, Monteray Shores Subdivision, Corolla, Currituck County, adjacent Currituck Sound. Proposed Project: Construct a 29' long bulkhead approximately three feet (3') waterward of the normal water line and fill 1,640 square feet of 404 wetlands in Monteray Shores within the Estuarine Shoreline adjacent to Currituck Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 17, 1996. If you have any questions regarding the proposed project, please contact Lynn Mathis at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. V 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. SigRed '/2�t'�,fT']% Date �j Zr3 r9b 1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: September 13, 1996 P. A. "Ski" Wojciechowski Division of Marine Fisheries John Parker Major Permits Processing Coordinator E)EHNR CAMA/Dredge and Fill Permit Application Review [SEP 16 199^ f IF -PUB. USUBLA Z" C�- P[m SEP 25 ; 996 APPLICANT: JW60ank PROJECT LOCATION: Lot 121, Phase 1, Sec. 2, Monteray Shores S/D, Corolla, Currituck Co. PROPOSED PROJECT: To construct a bulkhead and fill `404 wetlands in Monteray Shores. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY 1/There are no known public trust conflicts with the project location er-design— A3 /fLwgW w/t .444 eo vCzg viW —/1—W 7W 4Zrr There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed- Date Z P.O. Box 27687, q ;* FAX 919-733-1495 NfRaleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 50% recycled/ 10% post -consumer paper I li_T. ti.i '-it, 1j:1_.4 F. U4/IZ State of North Carolina Department of Environment, Health and Naturai Resources Division of Water Quality JamesB. Hunt, Jr., Govemor Jonathan 8. FbweaSecieinry A. Preston i-bward, Jr., P.F., Mrec to r APPROVAL. of 401 Water Quality Certification 49 Mr, Paul Shank 1259 Oakmont Circle Westchester. PA 19380 A�� C�EHNR t;kt-ob r 30, 1996 Currituck County DWQ Project 0 90, Kira Dear Nu Shank: llllwil: You have our approval to place fill material ur 1,f40 square fi:et of wetlands or water, for the purpose of constn:c[ing a bulkhead at Lot 121, Phase 1 Section 2 Monterav Shores Subdvisiou, as you described in your application da" 17 September 1996. After reviewing your application, we have decided that thii fill is covered by Gencrai Water Quahty Certification Number 3025. This approval is only valid for the purpose and dcsi3O that you &.. ribed in your application. if you Change your project, you must notify us and cou may be required to send us a new application. For this appwval to be valid, you Muhl follow the Conditions listed in the atra::hed certification. In addition, you should get any other federal, state or local permits before you go ahead with your pmject, if you do not accept any of the conditions of this certification, you may ask for an adjudicator) hearing. You must act within 66 days of the date that you receive this letter. To tick for a hearing, send a wriuen petition which conforms to Chapter ISOB of the Nonh Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611.7447. 'This certification and its conditions are final and binding Carless you ask for a hearing. 4wom4 tl!``letter completes the review of the Division of watery Quahrr: ued,:r Suwon 401 of die CIgW 'Water Act. If you have any questions, please telephone John Domey at e 19-733-1786. Sincerely, on Huwud, Jr. P.E. Atutctunent ' r a:- Wilmington District Corps of Engineer; ✓ Corps of Engineers Washington Field Office Washington DWQ Regional Office ,vb. John Domey Central Files John Parker; DCM 96091Ain Divislori of Water Quality • Fnvironmental Soiencos Fr,inch Cnv;runnienlal sciences blanch 4401 Reedy Creak Rd, Raleigh, NO 27607 Tuluphone gig-733.1786 FAX a 733.9959 An Equal Opportun;ty A";rmatdio Actior Fmployer - 50�6 recycled; tot4 post Nn5umor paper state of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James S. Hunt, Jr., Governor Jonathan B. Howes, Secretary a �EHNF� DIVISION OF WATER QUALITY October 21, 1996 Mr: Paul Shank 1258 Oakmont Circle Westchester, PA 19380 Dear Mr. Shank: Subject: CAMA/Stormwater SW7960811 Bulkhead Project Paul Shank Property Currituck County The Washington Regional Office received final stormwater information for your project on August 29, 1996. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Bill Moore at (919) 946-6481, extension 264. Sincerely, Roger K. Thorpe 4 Water Quality Supervisor Washington Regional Off ica/--x 0- cc: E%f��vironmental Professionals, Inc w^; ,ate` �bCM - John Parker Washington Regional office r� Central Files 1424 Carolina Avenue, Washington, NC 27889 Telephone (919) 946-6481 FAX (919) 975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper State of North Carolina R E C E I V Department of Environment, Health and Natural Resources OCT T5 \ r Division of Coastal Management 4 �C James B. Hunt, Jr., Governor DIY. OF EftisiBC►fiiph011� H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director September 3, 1996 MEMORANDUM TO: Ms. Linda Sewall, Director Division of Environmental Health RECEIVED � FROM: John Parker, Jr. OCT 161996 Major Permits Processing Coordinator _- SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Paul Shank PROJECT LOCATION: Lot 121, Phase 1, Sec. 2, Monteray Shores S/D, Corolla, Currituck Co. PROPOSED PROJECT: To construct a bulkhead and fill 1,640 sq. ft. Of `404 wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. J This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. agency objec to the project for reasons described in the attached comments. I !4 Off/ G� Signed Date O FAX 919-733-1495 P.O. Box 27687, Raleigh, North Carolina 27611-7687 NoAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 !! 50% recycled/ 10% post -consumer paper uk State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 27, 1996 NENORANDUN TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator A1, •�' [DEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul Shank sF� "-e it T1,4yC��97- A9 Project Location: Lot 121, Phase 1, Section 2, on the corner of Sun Burst Court and South Harbor View, Monteray Shores Subdivision, Corolla, Currituck County, adjacent Currituck Sound. Proposed Project: Construct a 29' long bulkhead approximately three feet (3') waterward of the normal water line and fill 1,640 square feet of 404 wetlands in Monteray Shores within the Estuarine Shoreline adjacent to Currituck Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 17, 1996. If you have any questions regarding the proposed project, please contact Lynn Mathis at (919) 264-3901. When appropriate, in- depth comments with supporting data is 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 //-,!'d./(�/�/'�/' Date 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 3, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNR SUBJECT: CAMA/DREDGE & FILL Permit Application APPLICANT: 400 Shank PROJECT LOCATION: Lot 121, Phase 1, Sec. 2, Monteray Shores S/D, Corolla, Currituck Co. PROPOSED PROJECT: To construct a bulkhead and fill 1,640 sq. ft. of `404 wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293 when appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. f __ 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 CW Date ( z P.O. Box 27687. 14ft FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N..a C An Equal Opportunity/Afflrrnative Action Employer Voice919-733-2293 50%recycled/10%post-consumer paper W State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 3, 1996 A31Di3C",:\ IIIIJ3i TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: SUBJECT: APPLICANT: John Parker, Jr. Major Permits Processing Coordinator E)EHNR CAMA/DREDGE &FILL Permit Application Review RECEEiiVEQ OCT 3 1996 CUA,AAL MANAGEMENT PROJECT LOCATION: Lot 121, Phase 1, Sec. 2, Monteray Shores SID, Corolla, Currituck Co. PROPOSED PROJECT: To construct a bulkhead and fill 1,640 sq.ft. of `404 wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. 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. his agent objects to the project for reasons described in the attached comments. Signed,:l Y— Date b P.O. Box 27687, N loft CFAX 919-733-1495 Raleigh, North Carolina 27611-7687 �� An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: September 3, 1996 Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways John Parker, Jr. Major Permits Processing Coordinator 1� s � Sri EDEHNFR CAMA/DREDGE & FILL Permit Application Review APPLICANT: Paul Shank PROJECT LOCATION: Lot 121, Phase 1, Sec. 2, Monteray Shores S/D, Corolla, Currituck Co. PROPOSED PROJECT: To construct a bulkhead and fill 1,640 sq. ft. Of '404 wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24, 19%. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. V/ 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 bj the project for reasons described in the attached comments. Signed Date P.O. Box 27687. `y� C FAX 919-733-1495 An Equal OpportuniTy/AfflrmafNe Action Employer Raleigh, North Carolina 27611-7687 Ni Voice 919-733-2293 mil,, ►� 50% recycled/ 10% post -consumer paper L State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 3, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNR r�� t�r Ili. , Cr10- u . .. OMsm- OF WATER RESOURCES SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Paul Shank ECEI EO OCT 2 1996 GUASIAL MANAGEMENT PROJECT LOCATION: Lot 121, Phase 1, Sec. 2, Monteray Shores S/D, Corolla, Currituck Co. PROPOSED PROJECT: To construct a bulkhead and fill 1,640 sq. ft. of `404 wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. 14 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 ��"` Date P.O. Box 27687, �`�� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 C An Equal Opportunity/Affirmative Action Employer Voice919-733-2293a50% recycled/ 10% post -consumer paper 1W State of North Carolina Department of Environment, 11 ?FA 21 Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director August 27, 1996 MEMORANDUM TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul Shank Project Location: Lot 121, Phase 1, Section 2, on the corner of Sun Burst Court and South Harbor View, Monteray Shores Subdivision, Corolla, Currituck County, adjacent to Currituck Sound, Proposed Project: Construct a 29' long bulkhead approximately three feet (3') waterward of the normal water line and fill 1,640 square feet of 404 wetlands in Monteray Shores within the Estuarine Shoreline adjacent to Currituck Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 17, 1996. If you have any questions regarding the proposed project, please contact Lynn Mathis at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. _l.,,�Thie agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. is age objects to the project for reasons described in the tt he nts. Signed Date /0 ED `. SEP 13 1996 Gr CC MAN UNIENT 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-2 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper OCT-01—' 96 TUE 03: 43 1 _ : CIE 'Sf TELL! TE OFF I':=E TES 140:919-453-8300 Ti Poi! DOARD OF COMMISSIONLn5 Ernie Bowden C .I,mm UdDn L Miller, J, rce•:nennu^ Gene A 3rapory J oowan Etheridge S No O'Naa September 27, 1996 COUNTY OF CURRITUCK Outer banks Satellite OR1ct Pas! Vf,Qe Sex 73 Coro:a, North Carol ,a 27927-p07g *else -ors. ;919) LG3 8555 7a 453-830Q Mr. John R. Parker, Jr. Mai,or Permits Processirg Coordinator DEHNR P.O. Box 27687 Raleigh, NC 27611-7687 ?,✓I ShnAY .+__IAM 5 RICHARDSON C'o�n!y Manager W — IAM N. ROMM. JR County Attorney ,WEN P. TATEM, CIVIC Cre,), to the Board RE: Major Permit Application (Bulkhead), Lot 121, PHI, Sec 2, Monteray Shores Dear Mr. Parrert i am in re:aipt of your letter regarding the above application. This office would grant a bulkhead building permit in conjunction with an approved Major Permit being issued by your office for an "innovative" bulkhead. We would suggest the bulkhead allow for the free zlow of tidal waters in and out of the wetlands, We would agree to back -filling of 10 feet (to the deadmen) with an assoofa:-ed sii.t—barrier. .,As far as fi1L•ng the wetlands, we see no benefit. The n3rtton of the property contrining the wetlands is an unbuildabie portion imt any habi*able living spe,-e cir•.1; by t'ne size of it. We would suggest an accaesway be constructed irom rite prt Jsed dwelling to the bulkhead which would go over the wetlands area, and an ether innovative measures to retain vinbE'_Liy of the buildable portion of the lot. Small drainage pipes inserted _ugh the back -fill, and through the hulkht±ad would ercommodate tidal fluctuations and also protect the wetland habitat. We are concerned that the proposed filling would not only destroy this. important habitat, but would greatly affect properties adjacent. The 404 Wetlands regula- tions as revised, appear to support the owner's rights to re-claim his property "if not buildable". The lot is certainly buildable, and would be most pleasing aesthetically by retaining the wetlands. Ms. Mathis' report was the most thorough report we have received and explained the application and conditions in an excellent manner. We will rely on your expertise to assure Lhat xinimal loss is incured to the ever shrinking wetlands habitats on our Outer Banks. '1hark you for the opportunity to respond to the application. Sincerely, dn.u� ,d, A4s�ylej, Drusille S. Hodges, Loca.- Parmit :.`finer Currituck County outer Banku /dru cCt S. Vt:M,.,rrev L. Maathih F. a :n"n6b n i A State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality JamesB. Hunt,Jr., Governor Jonathan B. Howes Secretary A. Presto n Fbward, Jr., P.E., Directo r APPROVAL of 401 Water Quality Certification Mr. Paul Shank 1258 Oakmont Circle Westchester, PA 19380 Dear Mr. Shank: IT A&4 [DFEE HNFi October 30,1996 Currituck County DWQ Project # 960909 You have our approval to place fill material in 1,640 square feet of wetlands or waters for the purpose of constructing a bulkhead at Lot 121, Phase I Section 2 Monteray Shores Subdivision, as you described in your application dated 17 September 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design [hat you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919-733-1786. Sincerely, ton How>,Jr. Ncc Ot Attachment �f4, Jgo cc: Wilmington District Corps of Engineers �tb fG fNT s Corps of Engineers Washington Field Office Washington DWQ Regional Office A Mr. John Domey 5 ;7 Central Files John Parker; DCM • 960909.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10"/o post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality JamesR Hunt, Jr., Governor Jonathan B. Howes Secretary A. Preston Howard , Jr. , P.E., D i re c to r" APPROVAL of 401 Water Quality Certification W. Dave Nelson 502 N. Sunset Blvd. Sunset Beach, NC 28468 Dear Mr. Nelson: f� MMM —�� 1:3EHNF1 October 30, 1996 Brunswick County DWQ Project # 960885 You have our approval to place fill material in 495 square feet of wetlands or waters for the purpose of constructing a bulkhead at 509 North Shore Drive, as you described in your application dated 20 September 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Domey Cenval Files John Parker; DM Sincerely, Pt Howard, Jr. P.E. c \c 4T /Vol,1996 j F�nrJgCfAfIVT 960885.Itr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10°/> post consumer paper Division of Water Quality October 30, 1996 MEMORANDUM To: John Parker, DCM From: John Dorney, D Q� Re: Water Quality comments Stuart Cooke & John Sutton/Harbor at Kings Lynn -Phase II DWQ #960897 Brunswick County The Division of Water Quality has reviewed the expansion of a single family subdivision with utilities and has no objections to the issuance of a CAMA Permit. Please call me at 733-1786 if you have any questions. cc: Wilmington DWQ Regional Office Central Files Not 1996 Environmental Sciences Branch Water Quality Sectio; State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Jamese. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston I-bward,Jr.,P.E.,Director APPROVAL of 401 Water Quality Certification Mr. Joe and Ms. Gwyn Lynch 725 Crooked Run Road Rural Hall, NC 27045 Dear Mr. and Ms. Lynch: e�� r IDFEE HNFi October 30, 1996 Brunswick County DWQ Project # 960886 You have our approval to place fill material in 560 square feet of wetlands or waters for the purpose of constructing a bulkhead at 507 North Shore Drive, as you described in your application dated 20 September 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files John Parker, DCNT Il` v� C" cc No�Cf4,19 6 MAHAGct��+iT 960886.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/100/6 post consumer paper Division of Water Quality October 30, 1996 MEMORANDUM To: John Parker, DCM From: John Domey, DW6f�) Re: Water Quality comments Ocean Isle Realty/Ocean Point Condominium -Phase H DWQ #960846 Brunswick County The Division of Water Quality has reviewed the above mentioned project and has no objections to the issuance of a CAMA Permit. Please call me at 733-1786 if you have any questions. cc: Wilmington DWQ Regional Office Central Files Environmental Sciences Branch Water Quality Sectioi State of North CarolinaIT Department of Environment, LT9�A Health and Natural Resources / • Ae Division of Water Quality James& Hunt,Jr., Governor Jonathan a Fbwes Secretary A. Preston Fbward, Jr., P.E., Director October29, 1996 New Hanover County DWQ Project # 960810 COE #199602763 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Ms. Pearl N. Stanley 1961 Hillsboro Road Wilmington, NC 28402 Dear Ms. Stanley: You have our approval to place fill material in 1080 square feet of wetlands or waters for the purpose of constructing a condominium project at Carolina Beach Yacht Basin, as you described in your application dated 20 September 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Ms. Linda Lewis of our Wilmington Regional Office shall be contacted for stormwater approval.. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Domey at 919-733-1786. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office W. John Dorney Central Files John Parker; DCM Linda Lewis, DWQ Wihnington Regional Office y� 1 C O c Nol !(4.199(i 1 i . MVi11 iGEMENT Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/100/6 post consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 IN REPLY REFER TO October 15, 1996 Regulatory Branch Action ID No. 199605013 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources _ Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Paul Shank for a Department of the Army (DA) permit to construct a bulkhead and place fill material into Section 404 Department of the Army jurisdictional wetlands, on property identified as Lot 121, Section 2, Monteray Shores Subdivision, located off Sun Burst Court, adjacent the Currituck Sound, in Corolla, Currituck County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State v` authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. The bulkhead will not be positioned farther waterward than 3 feet from the normal water level elevation contour at any point along its alignment. 3. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 4. No vegetated wetlands will be excavated or filled outside of the authorized area. 5. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleqhla0P. _ l J , IMndd...YYY.W.S. `j'� �F� Regulatory Project Manager ,LAY i.CLtI Y(LCC a OCT is 1995 _. Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Water Management Division - Region IV Wetlands Protection Section U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS O P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 , REPLY TO ArrENnION OF September 4, 1996 Regulatory Branch Action ID No. 199605013 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Please reference the application of Paul Shank for Department of the Army (DA) authorization and a State Water Quality Certification to construct a bulkhead and place fill material into Section 404 Department of the Army jurisdictional wetlands, on property identified as Lot 121, Section 2, Monteray Shores Subdivision, located off Sun Burst Court, adjacent the Currituck Sound, in Corolla, Currituck County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by November 3, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): /r. John Parker rMAAGEMENT Division of Coastal ManagementNorth Carolina Department of Environment,Health and Natural ResourcesPost Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF September 4, 1996 Regulatory Branch Action ID No. 199605013 Paul Shank 1258 Oakmont Circle West Chester, Pennsylvania 19380 Dear Mr. Shank: On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received August 29, 1996, for Department of the Army (DA) authorization to construct a bulkhead and place fill material into Section 404 Department of the Army jurisdictional wetlands, on property identified as Lot 121, Section 2, Monteray Shores Subdivision, located off Sun Burst Court, adjacent the Currituck Sound, in Corolla, Currituck County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199605013. It will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure .�J _2 Copies Furnished (without enclosure): John Parker ivision of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS t- C �u C P.O. BOX - k WILMINGTON, NORTH ARO J RO LINA 28402-1890 REPLY TO ATTENTION KENTION OF Regulatory Branch Action ID. 199 � 050113 Applicant �AUI 44h�( Waterway (,kk&i tjL 70urt d County Cu Type Work bu 4 Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Fish and Wildlife Enhancement U. S.Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mi. Rtelvi �J� EIQg CIi l Regional Office Division of Coastal Management North Carolina Department of Environment, Heallth and Natural Resources U S I 5A Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Xovr corrqents and/or recommendations would be appreciated on or before Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, „ I �01 111 4Raleigh Bland SFPI2/CEO Regulatory Project Manager �An�96 Enclosure :i' &MONHWAL PROFESSIONALS, INC. Planning for a better environment (919) 441-0239 October 16, 1996 North Carolina Division of Coastal Management Atm.: Mr. Doug Huggett PO Box 27687 Raleigh, NC 27611-7687 Dear Mr. Huggett, This letter is in response to the comments which have been received regarding the proposed development on Lot 121, Monterey Shores by Mr. Paul Shank. I would like to take this opportunity to express our understanding of Mr. Shank's position with regards to the application and comments. The small area of wetlands which persists between the two existing bulkheaded lots has been isolated from the adjoining sound by the sand bar which has been formed and stabilized by natural vegetation. Proposed construction of a bulkhead across this area, in alignment with existing bulkheads on either side, is allowed for in T15A0780208(B)(7)(D)(i). The stated inconsistency with the same rule in section (B) states that bulkheads shall be constructed landward of significant marshlands or marsh grass fringes. I think there may be argument of whether this area is significant and if it constitutes marshland or marsh grass fringes. It is non -coastal wetlands as described in the field investigation report. My discussion with the primary agency for control over Section 404 wetlands (US Army Corps of Engineers) suggests that they will authorize this permit under Nationwide Permit #18, which, by its very nature, suggests that it would have minimal impact and therefor should be permitted. I would further argue that the filling of this small wetland area would eliminate the possibility of continued erosion in-between the existing bulkheads, which would seriously affect the structural stability of adjoining bulkheads and create an area where debris would collect, diminishing the value of this area. It is true that wetlands are important to fisheries resource, provided that the resource is connected to the sound. In this case it has been stated in the field investigation report that this area is not subject to flooding and therefor, non -coastal wetlands. This area is unlikely to provide food directly to the estuarine system. The argument by the North Carolina Division of Marine Fisheries that the VA dsD�, perform important roles in modifying acute impacts of hydraulic events, mo ratipg .'X �i990 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 i" NC Division of Coastal Maoagemem, Mr. Doug Huggett Page 2 stormwater flows and trapping sediments and providing nutrients for incorporation with resident plants is true to some extent in that this area now receives the stormwater from the adjoining lots. With the construction of the bulkhead the stormwater would be diverted to infiltration of the existing soil which would result in as much, if not greater, purification of the stormwaters. The Wildlife Resources Commission actively discourages development proposals and activities with potential for impacting wetlands or aquatic habitats, resulting in degradation or destruction of fish, wildlife, or naturally functioning ecological functions or processes. Based on the description in the field investigation report, this wetland area does not provide a significant contribution to the estuarine system with regards to fisheries habitat or food production. Because of the location of the adjoining structures and bulkheads it is unlikely that a variety of wildlife would find this area suitable habitat. Finally, the fact that the wetlands act as a stormwater purification zone is agreed, however, in this case, the construction of the bulkhead will provide a sand purification filter as water percolates into the surface sand. It is probable that the proposal will require stormwater review and approval from the Division of Water Quality. The argument that there is no demonstrated need for this bulkhead is erroneous in the fact that this wetland area will continue to erode and only become a sump for debris and other material which is washed up between the bulkheads. We trust that the Division of Coastal Management will rely upon the agencies which have the primary responsibility for the consideration of these wetland areas and would assume that if the US Army Corps of Engineers finds the impacts of these wetlands are negligible, then the resource agencies would have found this to be the case when they reviewed and approved Nationwide Permit #18 in its conceptual form. We look forward to providing additional comment should it become necessary. Please contact this office before a decision is made on this permit so that we may respond to any additional comments that are received by the Division of Coastal Management. Sincerely, '1�'V4 George H. Wood, CEP cc: Mr. Paul Shank 1258 Oakmont Circle Westchester, PA 19380 DIVISION OF COASTAL MANAGENWNT FIELD INVESTIGATION REPORT a 1. APPLICANT'S NAME: Paul Shank 2. LOCATION OF PROJECT SITE: Lot 121, Phase 1, Section 2, on the comer of Sun Burst Court and South Harbor View, Monteray Shores Subdivision, Corolla, Currituck County. The property is adjacent to Currituck Sound. Photo Index - 1995: 201-107 012&13 1994: 40-1 F&G10 State Plane Coordinates - X: 2934825 Y: 959975 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 20, 1996 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - July 30, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust, Estuarine Shoreline, Estuarine Water (C) Water Dependent: Bulkhead: Yes Wetland Fill: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - Package Treatment Plant Hookup Planned - Same (F) Type of Structures: Existing - None Planned - Residential (G) Estimated Annual Rate of Erosion: 2' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 1,640 sq.ft. (404) (B) Non -Vegetated Wetlands (C) Shallow Water Bottom 87 sq.ft. (D) Total Area Disturbed: 1,727 square feet (.04 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: Construct a 29' long bulkhead approximately three feet (3') waterward of the normal water line and fill 1,640 square feet of 404 wetlands in Monteray Shores within the Estuarine Shoreline adjacent to Currituck Sound. Paul Shank Bio Report Page 2 A PROJECT SETTING The property is located in Monteray Shores Planned Unit Development on the comer of South Harbor View and Sun Burst Court in Corolla, Currituck County. The lot is pie shaped and contains 11,922 square feet. The property has a 29' shoreline adjacent to Currituck Sound that is eroding at a rate of approximately 2' per year. Approximately 1,640 square feet of the lot has been delineated as 404 Wetlands and extends to the sound. A natural rise in elevation occurs adjacent to the water and slopes back into a depression located in the approximate center of the lot and extends in an easterly direction for approximately 90'. The width of the wetlands on the property in question varies from 14' to 22'. Vegetation found in the wetland area includes, but is not limited to, Arrow Leaf (Peltandra virginica), Straw- colored Umbrella Sedge (Qperus strigosus), Net -veined Chain Fern (Woodwardia areolata), Black Willow (Salix nigra), False Nettle (Boehmeria cylindrica), and Black Needlerush (Juncos roemerianus). High ground vegetation includes, Staghom Sumac (Rhos typhina), Loblolly Pine (Pinus taeda), Live Oak (Quercur virginiana), and Wax Myrtle (Myrica cerifera). The 404 wetlands located on the property extend into the adjacent property to the north and is densely vegetated. According to the applicants agent the average elevation of the property is 6.2'. The Flood Insurance Rate Map (FIRM) indicates that the property is located in an A4 Flood Zone with a minimum structure elevation requirement of 6'. The shoreline is irregular and the normal water line ranges from 3'- 6' landward of the existing bulkheads on either side of the applicants property. A significant amount of vegetative debris has accumulated along the shore forming a natural berm separating the wetland from the adjacent water. Vegetation has established on the natural barrier includes Loblolly Pine and False Nettle. The adjacent sound is classified as SC waters, is not a primary or secondary nursery and is closed to shellfishing. The adjacent waters are historically shallow and contain significant amounts of submerged aquatic vegetation. PROJECT DESCRIPTION The proposed bulkhead will be approximately 29' linear feet and tie into existing bulkheads located to the north and south of the property. The bulkhead will be constructed of salt treated wood and located approximately three feet (T) waterward of the normal water line. Approximately 87 square feet of shallow water habitat will be filled. The average depth of the water to be filled is less than one foot (l') and will result in approximately 3 cubic yards of fill being placed in the water. The average erosion rate indicated by the applicant is two feet (2') per year. The project will include the filling of non -coastal wetlands located on the applicants property. The 1,640 square feet of non -coastal wetlands, which the applicant proposes to fill, includes 1,487 square feet located within the Estuarine Shoreline Area of Environmental Concern Paul Shank Bio Report August 26, 1996 (AEC) and 153 square feet located approximately 10' landward of the AEC. Three feet (3') of fill material will be placed in the wetlands, of which approximately 165 cubic yards will be within the Estuarine Shoreline AEC. The wetland area extends beyond the common property to the north. The width of the wetland where it abuts the adjacent property is approximately 45 linear feet. In order to prevent siltation of the wetlands on the adjacent property the applicant proposes to install a silt fence along the property line. The fill area will be smoothed and grassed to prevent siltation of the wetlands on the adjacent property. 1) A total of 87 square feet of shallow water bottom will be filled. 2) Approximately 1,487 square feet of 404 wetlands will be lost due to the placement of fill material within the Estuarine Shoreline AEC. 3) Approximately 153 square feet of 404 wetlands will be lost outside of the Estuarine Shoreline AEC due to the placement of fill material. 4) Short term turbidity of adjacent waters will, occur during construction of the bulkhead. 5) Increased run off may occur onto the adjacent property to the north (Lot 122) due to the increased elevation of the applicants tract. No archeological sites are known to be associated with the project area. There are no unique remnant species or geological formations known to be associated with this site. CAMA REVIEW Land Use Plan Consistency determination will be submitted under separate cover by John Thayer. Submitted By: Lynn W. Mathis Date: August 26, 1996 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director October 14, 1996 Paul Shank 1258 Oakmont Circle Westchester, PA 19380 Dear Mr. Shank: This letter is in reference to your application for a Coastal Area Management Act Major Development permit to carry out construction on property located at Lot 121, South Harbor View, Monteray Shores, Currituck County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and take a final action on your permit request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 133A-122© which would make December 27,1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time, and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Sincerely, �� #Awy Doug Huggett Assistant Major Permits Coordinator cc: Frank Jennings, DCM-Elizabeth City DCM-Morehead City Mr. George Wood P.O. Box 27687, N tCFAX 919-733-1495Raleigh, North Carolina 27611-7687 � An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 27, 1996 Mr. Paul Shank 1258 Oakmont Circle Westchester, PA 19380 Dear Mr. Shank: •:' AMMMINNUMMI�a IDEHNFR The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at Lot 121, Phase 1, Section 2, on the corner of Sun Burst Court and South Harbor View, Monteray Shores Subdivision, Corolla, Currituck County. It was received on July 30, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 13, 1996. 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. 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. An onsite inspection will be made, and if additional information is required, you be contacted by the appropriate State or Federal agency. Please contact me if you hav 11 I� Rfc�Ep � AUG 281996 1367 U.S. 17 South, Elizabeth city, North Carollna 27909 Telephone 919-264-3901 FAX 91 An Equal Opportunity Affirmative Acton Employer 50%recycled/ 10%post-consumer pc August 27, 1996 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Lynn W. Mathis Field Representative III LWM/kh Enclosure cc: John Parker Richard L. Watts CAMA PERMIT APPLIED FOR PROJECT: Construct a 29' long bulkhead approximately three feet (3') waterward of the normal water line and fill 1,640 square feet of 404 wetlands in Monteray Shores within the Estuarine Shoreline adjacent to Currituck Sound. COMMENTS ACCEPTED THROUGH September 23, 1996 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Mr. Paul Shank NC Division of Coastal Management 1258 Oakmont Circle Y Westchester, PA 19380 i367 US 17 South Elizabeth City. NC 27909 BOON 245 PAGE 351 —, • SIAIC OF @E`xci'e Rl EA'le OLI pLWAla,PR 1 0 Tex Lot No. Verified by by .......... _... . Land Transfer Tax: $1,250.0U 9ct0A LIZ999=1 1125.00 Mead foe r w rice +•:.�...rr .p0. the{!XO o'<lucl M. . ..-.. Fdrabltrd'.1f A .................. Parcel Identifier No. County on the ................ day of lone'. 19............ Lillafter ....reline b......_�r.,erne]L..Y.�I9t.rn._:.arras.:.:......:...................................... P O,; Drawer„1027y„Kitty,„Hawk.,,, North Carolina,,.. 27949........... ...... ........ ................................ . Daniel D. Rhoury,....... ey—at—Law,,,.,_F-8000,,,,,,,,,,,,,,,,,,,... This Instrument was Prepared bY............................................... . Brief description fur the Ind.. See Mon a o as _ NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this-264n.. dily of GRANTOR MONTERAY SNORES, INC., a North Carolina Corporation 19_88., by and between GRANTEE PAUL N. SHANK and wife, FAYE R. SHANK' at 402 Sheffield Drive Wallingford, PA. 19086 rme, m.pp..pa•,. Lma n: ..<n p..v. a.ne.. .am<u. end, It .......lea m.nner er mutt. eA <e'le<eere ^r per<n<"On" The deei¢n^lion 0 Grantor and Grantee .a used herein -hell Include cold parea. their hall-. sale eeeore, end mie^'' and .hall Include ai... I.F, plural, masculine, feminine or neuter a required by context. WITNESSETIL that the Grantor. for a veluoLle consideration paid by the Grantee. the receipt fee which h hereby in acknowledged, has and by them preaenb doe. grant. bargain, -ell end convey nab thGreeBranCh mete, AI that . poplar . .................._..:......... Township, certain lot or parcel of land situated in the City of _ ........ ........ ......_......_.... ....._..._...., ......._ I Currituek .... County. North Carolina end more particularly described a toll.,,.: Being Lot No. 12le in Phase I of Monterey Shores P.U.D. as shown on map or plat thereof entitled -Monteray Shores P,O,D., Phase I, Sectiol.2ar by1Bissell 988 and Associates, Engineers, Planners b Surveyors dated May 19th Rnd 20th1 recorded in Plat Cabinet B, Page 071, in the Office of the register of Deeds of Currituck more particular description cNorth of then land 'herein eto which is hereby made for a conveyed N.C. an, ....... 1— Me. , 0 uu........ un. JUL 3 0 ,1996 I/ R JUL 3.0 1996 oou 245 PAGE 3S2 The property h..elnabove de..tilled wu accolmd by Grantor by Instrument rs...ded In ... _............ Oeed„_Book_,,,]:.a8,e.... Page 3. and Deed Book 238r Page 17r C.0....._rrl....tuek County .Registry _. ............ ............ ...................................... ....._............... .................. _................ Cabin A Map showing the above described property Is recorded In Flat jaaappjcet B p,....._377............ ...._.............•••........••. TO HAVE AND TO HOLD thl At ....ld lot or pared of lend and .11 privllese..nd appartnnulcea thereto belonging t the Grantee in fee simple. And the Grantor covenant with lira Grantee, that Grantor Is seised of the Ill In fee ainlue, has the right t convey the same in far simple, the: title le m.rketGle and free ..it Clear of ell enm cohn......nd that Grantor wrs ill w.rst and defend the title against the lawful claim. of all persons whomsoever escept for tl:e exceptions hereinafter stated. Title to the property hersl.Qeve described le .object In the following exception.: (1) Subject to 1986 ad valorem taxes. nts (2) Subject to Phase I,1e recorded in of the Curritucke CountyaPublic for RegistryMonterey Shores In Deed Book 243, Page 757. u wnnan wYa.ror� r. cu.u. e.. �.u..w ...a �u �..F ... ..... ii u. °•• ono[ Co.1. • :.w r u .a ....... m ..a [. .[.......n... mi :i i... . mm... u. ur ::i r•.. mn MONTERAY SEORES INC_ --- t............................................................. a..r...0 N... o .ROBERT R. D- G5 L E i _..........11....... .. w .....aunt _- _MIKE A. BEACHAM .. .............s...m.r a..p.uu se.v in .-...._........................a.") P----------------------------- \tAL-rrAMR:• NO61N cAinYN1, •• i .011 cp''. y 1. a x.un soon..1 u. Co.." ....use .mnuLL nNur use ......_... ^ ..- . 5 m: t. neon..........n..a... u. ...n.. 1.......... us u.uo...4 wm.[. .l S.••O r�Y:: i ..l.l .............. .......................... srx..;etANe rear.. CAROL.................DARE_............ c.o.n. — '.. :. ! ].. of r..n. et u. Co.., ....w...... . is. «all u.1 _.— MI1SE..A DJiACNAM....._... a ............ Will.m. Id. Air.e..[..o.I.G... W.1 .. 4 . . y0 TA !� `• t' `a...MONTERAY.SEOAESn.SEC_------.._ a x..0 n................... see[ y .rnel .mr c ... •• •— : �" : 3 n........ u.....n.. n...nu.a u. asm\ ill u....[.o seen.. I. m n..Is. w ............... , R `. +'•.^'�'. I/S .-'�...G•'.,..' ' r,.': > wrwnu.n.,.......uunse«..d....ur..u:..i.�i.:r3...0 u..e.n..we or-_him........................1.....8...B......_._. LI'mra..d.ee mmluo..a. wu9h-d.r .e .....�!Y............... 0ag0.............. e...[un. .. LNaLa..%..�:4?:!?..L `�^`Jn.un voew noon. ar_ara._ ay --_orris Holt _a,Notary_Pul}f14 R(.Sj10..GWJDty_OL................ n.,.. c.... .F M.rth Carallna. w......nn.. .. e..m[t To. lo.u...l \.. see ..unuu .. d.h mbu.m .. a. ease ..e noo n\a Is .e. Ns s.a roe. woos .. ... .. - n.•Ip ...:o.. ..-�.4a!-fe1!n����f/:'GIIRR1Il1CK--------------couxrr ,. :. ar i�-Anoon .KN-!.Gk_ (1,..............ono.rYA.u.w.o- a.p.w.wp... : V '- NC e. Awn Fwm M. ].:Y14 Pm.N IYiI RnW%N..nw viN P.xC.p..w rod.VN.nYr-.-.:. PA. eI. Se..].IW.eRNCn6L - Bou 2 45 PAGE 351 � VAIr Of Heal Estate = OO p H : �w°�J�' EMCise lax SCEPsuq-r.s 1 2 5.0 0 = . Land Transfer Tax: $1,250.00 —__.-__ 6125.00 ban the .o:.C.. .p. J� If3 `e" oducl M. 6g„ws Af TansLet No--- ..................................................._._................. P.... I Identlaer No....................................................._...._............ .._..._..................... County on the ................ day of .... ...... ..... .... ..... .... .........oil ._......... lien puts,r«oramat. g t. ......Starkey. SharP..._Attorney--Law........................................_.............................._.................._.. .,. O., Drawer 1027,,_Kitty Mawk North Carolina.,_ I7949 ............................. ............. .................. This Instrument wee prepared by ..__Daniel D .Khoury Attorney.at-Law- .98 F-f000_. Brief description for the Index a e -- NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this _26ch. dp of .__........._July......._ ................. __. 19..80., by and between GRANTOR I GRANTEE MONTERAY SHORES, INC., PAUL N. SHANK a North Carolina Corporation and wife. PAYE fR.e SHANK' at 402 Sheffield Drive - Wallingford, PA. 19086 GM I. gprep,ee eMr\ rn m-b MrU: vm,, .e4en, "" a lu,ea"4'alert....my. as. MNe..a se pruNlx The d«ignaties Grantor and Can w. a .... herein -hall Include said Derlia.. that, het., .....ex.m. and ...ign-, end .1.11 Include singular. plural, m.sculine, feminine or neuter as required by context. WITMSMETH. that the Grantor, for .valuable consideration paid by the Grantee, th. r.,.lot of which I. hereby I. fee .chnowledged, he, and by these ;,--ants do.. grant, bargain, sell and convey unto tpOplarteBranCh simple, all that Township. certain lot or parcel of land situated in the City of _... _... _.. _-. . Currituek _ ................ C... I , North Carolina and more particularly described o. rey on map or plat thereof tentitled in Shorest P,U.DD.s PR Phase I, SectiO 2e, by Bissell Associates, Engineers, Planners 6 Surveyors dated May 19th and 20th, 1988 and recorded in Plat Cabinet B, Page 177, in the Office of the register of Deeds of Currituek County, North Carolina, reference to which is hereby made for a more particular description of the land herein conveyed. LAND TRANSFER ��SFER rnTTAX AMOUNT .��AS O, O;st1 yy''111� DATE PNO COLLECTOR HI x.c. are a.,-. Is— x.. r a In........ ml. .rbI- r. rr..,.,. JUL 3 0 ,1996 JUL 3.0 1996 BOOK 245 PAGE 352 The property hez.ivabave described we. wpulred by Grantor by Ivruumapt recorded In .... ............ ....._. . Page 3, and Deed Book 238t Page 17, Currltuck County Registry ..... -.....-.._......................................................................................................... ......... Cabinet ' A map showing the above described Property Is recorded In FlatB >8µoh%....................•.•.....•.•.... P[ye....... .3....7.7............. TO NAVE AND TO HOLD lh, aI.re..id lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee In fee simple. And the Grantor cove ... U with the Grantee. that Grantor 1. ..lead of the premises in fee d: np:e, by the right to convey the cam, in fee simple, &hut title le marketable and free .ad Clear of dI encumbrances. and Nat Grantor will warrant and defend the title against the ludul claims of all persons wbom.o.ver except for the .septic.. herelnafter stated. Title to the property hereleatove described Is subject to the following ...options. (1) Subject to 1968 ad valorem taxes. nts (2) Subct to PUOje Phase Il,e recorded t inn the Currituckof eCounty aPublic rRegistry yShores in Deed Book 243, Page 757. W w1TNia[ 1rY[a[oI, Ya Orau.r eY [arauNs aa\ altavrilV Y. au a.v .e eY IY Vueaut Y a 1 vN .o IY aa,aYN .ua A, 111 salt .uYvrY.. sill....... IY .a. Iv ........1. .l,la.� v/ m. o11Y Oa. r. el OlrrrYl4 l.. 4raY<rIY IIY\ ..MONTERAY SIiORESf.. INC....................... ;............................................................. ......_..... Icmo.r.Y N.ms 4 ROBE RT A. DeGABRI L E a ...... -MIKE A. BEACHAM .. Yermrr le.rvenY rYll a ............. -<[CAm .[Ag-.'irr.., NO.,. CAIOLINA, ..-C.uolr. II••[.'. 1. A Nowa Pu.lk of 1.. C...11 -ad 1" .Ismu1...Y1W ma -' Otv q'ctlly y •, a.: a p•Yon.11r u., m. YI.. .a1. r. V .Y .e.v..l.el.[ ow vYtulloo 1(0• :Irr\.Iv[ ....... .pilaw1Y.Y m/ .. n _______ _______________ • ...... . :: ^ •. Ol r7jti! ems me alll.kl Nmp or ao4lala ........ A. of "" :. '•.. ,/IIA •ion,:` a . ........................................ Naar, eu.lk .. '• V I •..' aJ aemmlYl.o a.p4ra: .. aGLgTAYe e:ULTuCARouNA-------------- DARE ............. C... Y. L . N.uv even. .r Y. cYmr ..e mY N.uwa Ymv 1Y\ .... _...._.... ![. ....... a.l..Yn .1 r v.a,.n.nr aYn. bar.,.. m1 w. e.r ..s anmAl.ene Yal...... ...................... ; �i..._...MOBTERAY.SHORESI..SHC�......__ A x.,Y c.Y.. Y,P."'I", "a wu, anY..ur env a: • '•• ,•• j • le. U ........, 1.. IOI..... I.......l.Y.k..e I. 1Y v.m.., u.--------------- ^'1/$OO.' emne.m. n.1.e.Im m.mPYa. na Ye .u.n.eq _him ..... .w. ulnkn. ' wl:vu mI owns ,va .Illrm mmv Pr not IAIt ....._.aq .f .......... y Nr mmmlYlro a.PlYn .XI:MHfQY........ a.^v--........ --- ------ p„61i, of rhP rnunly of _______"".--- Te. 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