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41-96 Town of Southern Shores
Permit Class Permit Number NEW STATE OF -NORTH CAROLINA Department of Environm_en :Health Bc Natural Resources Coastal Resources Commission Major Development _in'' Area of Environmental Concern pursuant to NCGS 113A 118 `-,-- Utvv:4 _ % Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Southern Shores 6 Skyline Rd.. Kitty Hawk, NC 27949 authorizing development in Dare 41-96 County at Pelican Canal, Dogwood Trail at Duck Woods , as requested in the permittee's application dated 12/19/95 including attached workplan drawings, 2, 1 dated 1/27/95 and 1 dated 5/1/95 This permit, issued on MARCH 26, 1996 , 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. CULVERT REPLACEMENT In order to protect shrimp and finfish populations, no excavation or filling will be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. The headwalls must be constructed prior to any backfilling activities. The headwalls must be structurally tight so as to prevent seepage of backfill materials through the structure. attached sheet for Additional This permit action may be appealed by the pemtittee 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. - Rog N. Schecter,.Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Southern Shores Permit # 41-96 Page 2 of 2 ADDITIONAL CONDITIONS 4. 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. 5. All back fill material will be obtained from a highground source and confined the permitted bulkhead. 6. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7. The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 8. No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). GENERAL 9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 10. All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. NOTE: The Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025. NOTE: The U.S. Army Corps of Engineers has authorized the proposed project under General Permit 198200031 (COE Action ID No. 199601317). Permit Class Permit Number STATE OYNORTH-CAROLINA Department of Environtnent,'Health-& Natural Resources and Coastal Resources Commission X Major Development ih an Area of Eri_vii"onmental Concern pursuant to NCGS 1139-I'18__'-'`,,, . ..E X Excavation and/or fdling pursuant to NCGS 113-229 Issued to Town of Southern Shores, 6 Skyline Rd., Kitty Hawk, NC 27949 41-96 authorizing development in Dare County at Pelican Canal, Dogwood Trail at Duck Woods ,as requested in the permittee's application dated 12/19/95 including attached workplan drawings, 2, 1 dated 1/27/95 and 1 dated 511195 This permit, issued on MARCH 26, 1996 , 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. CULVERT REPLACEMENT In order to protect shrimp and finfish populations, no excavation or filling will be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2. The headwalls must be constructed prior to any backfilling activities. The headwalls must be structurally tight so as to prevent seepage of backfill materials through the structure. attached sheet for Additional This permit action may be appealed by the petmittee 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. _Av --Rog N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Southern Shores Permit # 41-96 Page 2 of 2 ADDITIONAL CONDITIONS 4. 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. 5. All back fill material will be obtained from a highground source and confined the permitted bulkhead. 6. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7. The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 8. No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). GENERAL 9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 10. All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. NOTE: The Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025. NOTE: The U.S. Army Corps of Engineers has authorized the proposed project under General Permit 198200031 (COE Action ID No. 199601317). Permit Class Permit Number ru llm STATE OF,NORTH<CAROLINA Department of Envirorun'6k'Health'& Natural Resources -,'and r, Coastal Resources Commission Pr ttti >'i,,,j> , a. % Major Development in"an'Aiea o,:f Enviromnental Concern pursuant toNCGS 113A-1'18_''-'`;.,- % Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Southern Shores, 6 Skyline Rd., Kitty Hawk, NC 27949 41-96 authorizing development in Dare County at Pelican Canal, Dogwood Trail at Duck Woods as requested in the permittee's application dated 12/19/95 including attached 1 dated 1/27/95 and 1 dated 511195 This permit, issued on MARCH 26, 1996 , 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. CULVERT REPLACEMENT In order to protect shrimp and finfish populations, no excavation or filling will be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. The headwalls must be constructed prior to any backfilling activities. 3. The headwalls must be structurally tight so as to prevent seepage of backftll materials through the structure. 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. .br----Rog N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Southern Shores Permit # 41-96 Page 2 of 2 ADDITIONAL CONDITIONS 4. 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. 5. All back fill material will be obtained from a highground source and confined the permitted bulkhead. 6. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7. The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 8. No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). GENERAL 9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 10. All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. NOTE: The Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025. NOTE: The U.S. Army Corps of Engineers has authorized the proposed project under General Permit 198200031 (COE Action ID No. 199601317). Form DCM-MR1 APPLICATION r REgivrn (To be completed by all applicants) JAN 1 9 1996 b. \Ci�,sown, commmity or andmark 1. APPLICANT a. Landowner: Name /aa/u �d do�.c)`�t d GlyYfs Address6y // it 2 �W City State /4,1-C Zip Zf9 q� Day Phone _ 9/? a/a/- Z34 Fax 9/F 26/- 2,391' b. Authorized yyAgent: Name (ecv Address S4We as QS61/ City Zip Day Phone Fax State C. Project name (ifany)�d/9tyrnlGt �y4rr� P- NOTE: permif will be isswd in frame of landow (s), and/or projea name. 2. LOCATION OF PROPOSED PROJECT a. County 2 4,e- c. jStreqt address o� adary roadmber / // d9 a/ oar J ✓h rr! d. Is proposed work within city limits or planning jurisdiction? [/ Yes No e. Name of body of water n est project (e.g. river, creek, sound, bay) 7Ee i all "a / 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. e - Ctrjr'M a d ee VUL vG Y,4 (V a ggtj: ✓L — rs. s ca . e✓elt� w. I,/ . b. Is the proposed activity maintenan a of existing project, new work, or both? lo;a tra lzce c. Will the Pro!;ct be for public, private or commercial use?' / cc P Z c d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed leas atta additional Pages. _ /E' NAI70Yct J' !- �Pii. r�f Revised 03/95 Forth DCM-MP-1 4. LAND AND WATER CHARACTERISTICS REt;E1VE� Inc 2 1995 in. Describe existing wastewater treatment facilities. Nt a. Size of entire tract OO cP�f 6a rr n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lots) h1 Q wastewater, industrial/commercial effluent, 'wash down' and residential discharges.) c. Approximate elevation of tract above M13W or NWL d. Soil type(s) and texture(s) of tract // o. Describe existing drinking water supply source. S'P_N 'f' ar02Nl G �2G'1 YNtr1� No Me . e. Vegetation on tract N2lu-ra.l 6 r u fA f. Man- ad fea rest pow on tract S-it ai n N f t Z ltha.•( . g. What is the LAMA Land Use Plan land classification of the site? (Camuk the locaf lmd=e plaa.) Conservation Transitional I%Developed Community Rural Other h. How is a tract zoned by local governme Sfvpe� �OGJ !rr S.F. /ZPsrda�-`kia-� i. Is the proposed project consistent with the applicable zoning? � Yes No (Attach Zadng m-Flimue anificate, if appls=bie) j. Has a professional archaeological assessment been done for the tract? Yes _v"' No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligtble property? Yes ✓ No 1. Are there wetlands on the site? Yes �No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documenodm, if available) 1 . . 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy ofthe deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2' by 11' white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) 'A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-I site. .Include highway or secondary road (SR) numbers, landmarks, and the. like., • A Stormwater Certification, if one is necessary v A list of the manes 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 cc Name Address Phone Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Hon-*— • 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 signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION \TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained N 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. 1 This is the t"If day of/.1'e-- C_ /J) C_ 4P —moo' e ?J e Print Name oSS-.S�w7;fen,uS/.oro8 Signature C 'a:�4 r or Au iorized Agent Please indicate attachments pertaining to your proposed project. _ 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 each farm. ,J�Seo„ee Ciwrz z13 it y ifa,;E, kC Revised 03/95 Form ACM-Mp-5 BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project.' a. Public Private b. Type of bridge (construction material) c. Water body to be crossed by bridge d. Water depth at the proposed crossing at MLW or NWL e. Will proposed bridge replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) f. Will proposed bridge replace an existing culvert(s)? Yes No (4) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge h. Width of proposed bridge i. Height of proposed bridge above wetlands j. Will the proposed bridge affect existing water flow? Yes No If yes, explain k. Navigation clearance underneath proposed bridge 1. Will the proposed bridge affect • navigation by reducing or increasing . the existing navigable opening? Yes No If yes, explain m. Will the proposed bridge cross wetlands containing no navigable waters? Yes No If yes, explain If yes, (1) Length of existing culvert n. Have you contacted the U.S. Coast Guard (2) Width of existing culvert concerning their approval? (3) Height of the top of the existing culvert above Yes No the MHW or NWL If yes, please provide record of their action. Revised 03/95 Form DCM-Mp-S b- i! lR— DEC 2 7 1995 J. Will the proposedeulvert affect existing navigation 2.. CULVERTS —B2tD�C potential? ✓ Y No 3lNrVes, explama v 9w ¢cSet M+C✓earFd a. Water body in which culvert is jto be placed � Pe , cm N b. Number of culverts proposed / c. Type of culvert (construction material style) Alu-x4t`vtuW4 IOW a✓4 ,470E e 727d as d. Will proposed culvey�replace an existing bridge? Yes Y No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e. Will pr osed culvert replace an existing culvert? Yes No If yes, (1) Length of existing culvert 3© (2) Width of existing culvert /G" (3) Height of the top of the existing culvert above the MHW or NWL . .(4) Will all, or a part of, the existing culvert be removed? (Explain) )le5 f. Length of proposed culvert _fo g. Width of proposed culvert Z S' , h.' Height of the top of the proposed culvert above the MHW or NWL 6. S i. Will tie proposed culvert affect existing water flow? Yes No If yes, e/xpla/�in S!i 0/ tH r[o �fYQ! l�/u.S' uwC rtH P.v NCY YNf2 /P.v N�YN�I CIOkt ;e US. -lN fl Ovn E iviC✓[Q rQ. u H olQ.✓ a y4k4'2w we w e ac 4e(o s 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? _LZYes No If yes, (1) Length of area to be excavated g� (2) Width of area to be excavated 'ro (3) Depth of area to be excavated m (4) Amount of material to be excavated in cubic yards 19 //T b. Will the placement of the proposed bridge or culvert require any excavation within: _ Coastal Wetlands _ SAVs _ Other Wetlands If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards c. Will the placement of the proposed bridge or culvert requtr any highground excavation? Yes No If yes, (1) Length of area to be excavated 3� (2) Width of area to be excavated �d (3) Amount of material to be excavated in cubic yards i Zz d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Locatmof t¢aeespo,,il disposal area oN--stj (2) Dimensions of spoil disposal area 4'Oir¢oI (3) Do you aim title to the disposal area? KYes No If no, attach a letter granting permission from the owner. Revised 03195 REGENt Form DCM-MF-S SEC 2 7 1995 (4) Will the disposal at be available for future b. Will the proposed project require the reloctuin of maintenance? ✓ Yes No any existing utility lines? Yes Y No (5) Does the disposal area include any coastal If yes, explain in detail wetlands (marsh), SAVS, or other wetlands? Yes ✓ No If yes, give dimensions if different from (2) above. c. Will the proposed project require the construction of (6) Does the disposal area inclu any area below PYes any temporary detoyr structures? the MHW or NWL? —No YesNo If yes, give dimension if different from No. 2 If yes, explain in detail above. e.. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material d. Will the proposed project equire any work project described in Item d. above) to be paced below channels? Yes MHW or NWL? Yes Vr No If yes, complete Form DCM-MP-2 If yes, (1) Length of area to be filled e. How will excavated or fill material be kept on site (2) Width of area to be filled and erosion controlled? Co 9,0- Gam (3) Purpose of fill f. Will the placement of the proposed bridge or culvert f. What type of construction equipment will be used result in any fill (other than excavated material (for example, draglin , backhoe or hydraulic described in Item d. above) to be placed within: .ua dredge)? L xtbc Cv l a 9- _ Coastal Wetlands _ SAVs _ Other Wetlands If yes, D (1) Length of area to be filled (2) Width of area to be filled g. Will wetlands be crossed in transporting equipment (3) Purpose of fill to project site? Yes ✓ No If yes, explain steps that will be taken to lessen environmental impacts. g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item. d. above) p be placed on highground? Yes No h. Will the placement of the proposed bridge or culvert If yes, require any shoreline stabilization? (1) Length of area to be filled ✓ Yes No / t dead ce eC� w� 4 �ryYQts) (2) Width of area to be filled If yes/ exi}lam *g (3) Purpose of fill @ C��s�aNf�ZC� CAi a-4m O .'�o-�oay-rrcr' 4. GENERAL Appl ant or rroied tame a. Will the proposed pr9Ject involve any mitigation? ✓ Siguntontl Yes No If yes, explain in detail Dare Revised 03/95 Division of Coastal Management Application Processing Notes Applicant: �w� �• Shy e } Deadline: Date/Time: Message: t4/kak h,,, S-ss, Pe/ 60 to Chm� /,,,LeV N_ZC-Cie C,1&4 lricn.t. /Lot•`^ .Gem v,.es5y/ T1d ! ^�t-, .,C{v, Can 5,. 17kkoi .✓• P4 r� I I I Pey,un4/ u" /NuIV �C S ion do f5( f`//'�S , u /ony cu/ CUi s,, wiD1h F ,, a rz, t kL p,o6,1y s houe to lY , i �c f,on. if e aj reed. -fb ti4dk ' -HFR-18-1555 U7:55 FROM 1 DCl,l-DMF E. C I TY Tn 1 703 733 1455 P.01iO3 DIVISION OF CalIs TAL DIVISION OF - MANhGEMENT �'I S. E RT 5 TO:- oouL FROM: El -61y K 7GN�li/�t1C-S DATE: k" I RE: l /� � / be✓rJ or .�vq een/ Sf?o�c5 v D1F FAX NUMEER: 919-264-3723 ,3 Tu,-j"L I:u?:c OF F1G55 State of North Carolina Department of Environment, N WLTAT'A Health and Natural Resources 4 • Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E)E H N R Roger N. Schecter, Director March 27, 1996 Town of Southern Shores 6 Skyline Road Kitty Hawk, NC 27949 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 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 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 R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, 'FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Nie' An Equal FAX Action Employer Voice919-733-2293� 50% recycled/ 10% post -consumer paper A) Loll C) DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD APPLICANT: Town of Southern Shores COUNTY: Dare LOCATION OF PROJECT: Dogwood Trail in Duck Woods, Pelican Canal DATE APPLICATION RECEIVED COMPLETE BY FIELD: January 22, 1996 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: Frank A. Jennings, III <;) CT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW:�- �� DATE APPLICATION RECEIVED IN /RAL hGH: F" 6 ' o - EE REC'D: $ z 0,: PUBLIC NOTICE REC'D: u EN>� N �f NO -E DATE: `7 ADJ. RIP. PROP NOTICES REC'D: i/ ED REC'D: APPLICATION ASSIGNED TO: 1 +, ON: Z__ V _ 9 75 DAY DEADLINE: y—� 150 DAY DEADLINE: STATE DUE DATE: :? - E-- - 9C FEDERAL DUE DATE: 6 to V-Z3 FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON MAIL OUT DATE: a - 1 L - qd AGENCY DATE COMMENTS OBJECTIONS NOTES RETURNED YES NO sr+ Coastal Management Dist. Office Div. of Community Assistance -1_'d -11` Land Quality Section Div. of Env. Management y— State Property Office 2 Div. of Archives & History j Div. of Env. Health Div. of Highways 2 "Z4- i Wildlife Resources commission Div. of Water Resources 3- 5 Div. of Marine Fisheries State of North Carolina Department of Environment, FIWA Health and Natural Resources • Division of Coastal Management AA James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John Parker FROM: Frank Jennings -T'ZQ SUBJECT:O*Town of Southern Shores, Dogwood Trail Major Permit Application Recommendations DATE: February 9, 1996 / I recommend the application be approved with the following conditions: 1) The headwall must be constructed prior to any backfilling activities. 2) The headwall must be structurally tight so as to prevent seepage of backfill materials through the structure. 3) 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. 4) All backfill material will be obtained from a highground source and confined behind the permitted headwall. 5) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters. 6) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 1367 U.S. 17 South. Eltzabeth City. North Corollno 27909 Telephone 919-264-3901 FAX 919-264,3723 An Equal Opportunity Affirmative Action Employer 60%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 uhIflu IAxyilaoi a TO: John Parker FROM: Frank Jennings [DEHNFR v A. �,r c0E� �.B F1P996 �q;lAG�k•Et# SUBJECT: 'IIbwn of Southern Shores - Dogwood Trail Major Permit Application Consistency Review DATE: February 9, 1996 This proposal for the removal of an existing 30' x 16' culvert and replacing it with a 40' x 25' culvert affects the Public Trust Waters Area of Environmental Concern and is located in the Conservation 1 land classification in the Town of Southern Shores Land Use Plan. The 1986 LUP states on page 29, "The Town will cooperate with appropriate state and federal agencies in protecting the integrity of Public Trust Waters within Southern Shores." The 1991 LUP update on page 13 states "Conservation 1 classification includes ... Public Trust Waters. Development in these areas shall allow only those uses allowed in the Town Zoning Ordinance and when combined with CAMA regulations." The Town of Southern Shores land use plan expresses support for the CAMA Area of Environmental Concern standards and finds acceptable any uses in the AEC's that can be permitted under the CAMA permit regulations. So long as this proposal is found to satisfy the applicable CAMA permit requirements, it will be con ig"with the Town of Southern Shores land use plan. 1367 U.S. 17 South. Elizabeth Clty. North Carollna 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal opportunity AfflrmaTlve Acton Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, OWA 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 February 1, 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Southern Shores Project Location: Dogwood Trail in Duck Woods, Pelican canal, Dare County Proposed Project: To remove an existing 30' x 16' culvert and replace it with a 40' x 25' culvert. The applicant proposes to fill approximately 550 square feet of Public Trust Waters to construct a concrete retaining wall and backfill to stabilize the roadbed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 22, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III 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 attar ed comments. Signed ✓✓✓ Date �o 1367 U.S. 17 South, Ellzabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper Ago State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ti Bruce L. Freeman, Director 0-1 , _<0 P MEMORANDUM: F66 201996 DIV. IDE MARINE FISHERIES; TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator THROUGH: Ski P. Wojciechowski-ed ^ FROM: Sara E. Winslow, Biologist Supervisor SUBJECT: Town of Snuthern Shores DATE: 16 February 1996 The following comments by the North Carolina' Division of Marine Fisheries are provided pursuant to General Statute 113-131. Martin's Point Creek (Jean Guite Creek) is a designated Inland Primary Nursery Area. The entire system is utilized as a nursery for spot, croaker, flounder, weakfish, blue crabs, and other commercially and recreationally important species. The Division is concerned with the impacts that will result from the removal and placement of the new culvert in Pelican Canal. Even though not stated in the Bio Report this agency assumes that the removal of the existing culvert and placement of the new culvert will result in some excavation within Public Trust Waters. The Division recommends that the precast concrete culvert be utilized. The Division requests a moratorium associated with this project. The requested time frame is 15 February through 30 September. This will ensure the environmental integrity of the area is protected during critical times of usage by the previously mentioned species. 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, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 1, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries 1 4, �EHNF: 11 MAR 8 � DMF-PUB. TUSUBLANDS FROM: John Parker LO Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Town of Southern Shores PROJECT LOCATION: Dogwood Trail in Duck Woods, Pelican Canal, Dare Co. PROPOSED PROJECT: To remove an existing culvert & replace with larger culvert. 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 infra -agency commenting. REPLY There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. doorIt is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. A,'4A& OOGs+rn�ir�Tr i�a., fouriYsr.� sSro.�.cr Grvrc �8tro�.-�,�—c To •Y'O wN • OrC j'OwTy�v p, f� ti�I T i9 K-r{�r+pr �-.E C��-ti—.�-� �lJ�"" Signed Date %—/ 7Owi✓ O/_ SCiLLTi/fL/CrN �/frJitiC /S j �F/.✓ji//�U.o.dirG- 7a /�%7�i�GFirF� •OiE'.EO P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 9M733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%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 February 16, 1996 MEMORANDUM AFTV.1KV7VA i [DFEE HNR TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program I FROM: John Parker, Jr. Major Permits Processing CoordinatorOR o 19 SUBJECT: CAMA/DREDGE & FILL Permit Application Re �AO� APPLICANT: Town of Southern Shores 8 PROJECT LOCATION: Dogwood Trail in Duck Woods, Pelican Canal, Dare Co. ROPOSED PROJECT: To replace existing culvert with a larger culvert. Please indicate below your agency's position or viewpoint on the proposed and return this form by March 8, 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. This agency objects to the project for reasons described in the attached c ents. Signed Date /� 9 May 21, 1993 P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper ® North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: Franklin T. McBride, Program Manager Habitat Conservation Section DATE: March 15, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Town of Southern Shores culvert replacement project, Pelican canal, Dare Coun . Staff biologists with the Wildlife Resources Commission have completed a review of the project with regards to associated impacts on wildlife and fisheries resources in the area. A site visit was conducted on March 4, 1996. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to replace an existing 30 ft. x 16 ft. culvert with a 40 ft. x 25 ft. culvert carrying Pelican Canal under Dorwood Trail in the Duck Woods development of Southern Shores. Approximately 550 ftof fill material will be placed into Public Trust Waters to accommodate culvert replacement. Pelican Canal is a tributary to Martin's Point Creek which is classified as Primary Nursery Area (PNA). A site visit conducted on March 4, 1996, revealed at least two species of submerged aquatic vegetation (SAV) in the vicinity of the project site; eelgrass (Zostera marina) and eurasian watermilfoil (Myriophyllum spicatum). The shallow water habitats in Pelican Canal and Martin Creek are used by numerous species of estuarine fish as spawning, rearing, feeding and escape areas. Increased turbidity in these areas results in the destruction of spawning habitat, and greatly diminishes egg and fry survival. Turbidity resulting from the culvert replacement will also negatively impact SAVs at Southern Shores March 15, 1996 the project site. Potential exists for habitat destruction due to localized turbidity and adverse impacts to primary nursery areas in the proximity of Pelican Canal and Martin's Point Creek; however, we will not object to the project as proposed as long as no work is conducted on the project site between February 15 and September 30. or* 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. W W/&n MAR 04 ' 95 11 r r06AM State of North Carolina rJ Department of Environment, Health andlk7tural Resources y! Division of Coastal Management James B. Hunt, Jr., Governor Jonathon B. Howes, Secretary Roger N. Schecter, Director February 16, 1996 MEMORANDUM TO: Ms. Linda Sewall Director Division of Environmental Health �EHNR R EC FROM: John Parker, Jr. W. OF Eioviiit3tlA r:i ; �i �i1 Major Permits Processing Coordinator • SUBJECT: CAMA/DREDGE & MILL Permit Application Review ' APPLICANT: a Town of Southern Shores PROJECT LOCATION: Dogwood Trail in Duck Woods, Pelican Canal, Dare Co. PROPOSED PROJECT: To remove existing culvert and replace with larger culvert. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March S, 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 is X1— 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. re�� h'1' is agency objects to the protect for reasons escribe in the attached Cornments. Signed r �e c ��- Date_ ,?J" P.O. Box 27687, Raieiyh, Norte. Carolina 2761',-7687 ie4phone 9'9-733-2293 FAX 9 i9-733-1495 An Clrnnrhn.% Arfrr„M✓a Action Er ,mover &'Tl rocvcladi 1Dk OOst•c OnSl mar Dauer 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 FROM: SUBJECT: February 16, 1996 Environmental Review Coordinator Division of Archives and History AFF9 I 2TA IDFEE HNR John Parker, Jr. Major Permits Processing Coordinator MAR 15 1996 COASIAt MANAGEMENT CAMA/DREDGE & FILL Permit Application Review APPLICANT:. res PROJECT LOCATION: Dogwood Trail in Duck Woods, Pelican Canal, Dare Co. PROPOSED PROJECT: To replace existing culvert with a larger culvert. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 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. L , 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 �/+�y� Date �jll.t?,!i P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 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 A4 James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director February 1, 1996 � VFEB 11996<MEMORANDUM CURlAL ANAGEMENT TO: Mr. Charles Gardner, Director "- Division of Land Resources FROM: John R. Parker, Jr. 9 Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Southern Shores Project Location: Dogwood Trail in Duck Woods, Pelican Canal, Dare County Proposed Project: To remove an existing 30' x 16' culvert and replace it with a 40' x 25' culvert. The applicant proposes to fill approximately 550 square feet of Public Trust Waters to construct a concrete retaining wall and backfill to stabilize the roadbed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 22, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III 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. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached -comments. C Signed ��G`` (��L"� c- Date 1367 U.S. 17 South. Elpabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State of North Carolina Department of Environ) Health and Natural Res Division of Coastal Manaa6 James B. Hunt, Jr., Governor Jonathan B. Howes, Secreta Roger N. Schecter, Director February 1, 1996 A •:' EDEHNFR 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: Town of Southern Shores Project Location: Dogwood Trail in Duck Woods, Pelican Canal, Dare County Proposed Project: To remove an existing 30' x 16' culvert and replace it with a 40' x 25' culvert. The applicant proposes to fill approximately 550 square feet of Public Trust Waters to construct a concrete retaining wall and backfill to stabilize the roadbed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 22, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III 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. ZA! knc objects to the project for reasons described in the aments. Signed Date U 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AMrmative Action Employer 50% recycled/ 10% post -consumer paper State of North CarolinaRECEIVED Department of Environm t, FEB 281996 Health and Natural Reso es 0AUAL Division of Coastal Manaaeme t MANAGEMENT James B. Hunt, Jr., Governor { Jonathan B. Howes, Secretary Roger N. Schecter, Director February 16, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: SUBJECT: John Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review APPLICANT: Town of Southern Shores PROJECT LOCATION: Dogwood Trail in Duck Woods, Pelican Canal, Dare Co. PROPOSED PROJECT: To replace existing culvert with a larger culvert. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 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. This agency objects to the project for reasons described in the hed comments. Q Signed �L !/ Date 2 l P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 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 February 16, 1995 MEMORANDUM 1\ ��• �EHNR TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator R CEI EO FEB 26 1996 COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Town of Southern Shores PROJECT LOCATION: Dogwood Trail in Duck Woods, Pelican Canal, Dare Co. PROPOSED PROJECT: To remove existing culvert and replace with a larger culvert. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 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 Signed (�C/ 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-9bjects to the project for reasons described in the Date aLc�_ — `,� P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 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 February 16, 1996 A/, • �' IDFEE HNF1 MEMORANDUM - - - 6 TO: Mr. "John Sutherland,- Chief = EM 21199-� _-- Water Planning Section UMMOFVATERRESOURCM Division of Water Resources FROM: John Parker, Jr. �Ziu� Major Permits Processing Coordinator 11 ���096 RAG �9 SUBJECT: CAMA/DREDGE & FILL Permit Application Review �P�G PG�Nj APPLICANT: Town of Southern Shores a'� PROJECT LOCATION: Dogwood Trail in Duck Woods, Pelican Canal, Dare & L 9 PROPOSED PROJECT: To remove existing culvert and replace with larger culvert. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 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. Signed This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Date /J 44 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 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, Secretaryrint�t\ Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: February 1, 1996 Mr. A. Preston Howard, Director Division of Environmental Management John R. Parker, Jr. Major Permits Processing Coordinator 1, •�' AI EDEHNFR CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Southern Shores u'LRyEC `+ SHINGTON OFFICE FEB 0 5 1996 IL 6 IL l Ftb U 6 t996 ENUIRON.MENTAL SCIENCES PRANC H Project Location: Dogwood Trail in Duck Woods, Pelican Canal, Dare County Proposed Project: To remove an existing 30' x 16' culvert and replace it with a 40' x 25' culvert. The applicant proposes to fill approximately 550 square feet of Public Trust Waters to construct a concrete retaining wall and backfill to stabilize the roadbed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 22, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III 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 w - F Date � I 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AfflrmatNe Action Employer 50% recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Ms. Cay Cross Town of Southern Shores 6 Skyline Road Kitty Hawk, NC 27949 Dear Ms. Cross: IN EDFEE HNF1 March 22, 1996 Dare County DEM Project # 960123 You have our approval to place fill material in 550 square feet of waters for the purpose of replacing a culvert and riprapping a shoreline at Dogwood Trail in Duck Woods, as you described in your application dated 5 February 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733- 1786. Sincerely, ton Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files Doug Huggett; DCM REcEIvEO MAR 261996 CoiSIAL MANAGEMENT 960123.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 500% recycled/10% post consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF February 20, 1996 Regulatory Branch Action ID No. 199601317 and General Permit No. 198200031. Town of Southern c/o Mr. Cay Cross 6 Skyline Road Kitty Hawk, North Dear Mr. Cross: Shores Carolina 27949 Through coordination with the North Carolina Division of Coastal Management, we have learned of the Town's plans to replace an existing culvert on Dogwood Trail in Duck Woods, adjacent the Pelican Canal, in the Town of Southern Shores, Dare County, North Carolina. On January 1, 1992, we renewed General Permit No. 198200031, (copy enclosed), that authorizes the placement of fill material associated with the construction, repair, or replacement of bridges across navigable waters and waters of the United States in North Carolina, including cofferdams, abutments, foundation seals, piers, temporary construction and access fills, approach fills, detour fills, .and box culvert installation, as part of work conducted by or in full compliance with the standards and specifications of the North Carolina Department of Transportation (NCDOT). Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. If you have questions, please contact Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland Project Manager Enclosure Copies Furnished (without enclosure): JMr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box27687 Raleigh, North Carolina 27611-7687 50" -2- Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Commander Fifth Coast Guard District Federal Building 431 Crawford Street Portsmouth, Virginia 23705 Mr. Richard Watts Elizabeth City Regional Office North Carolina Division of Coastal Management 1317 US 17 South Elizabeth City, North Carolina 27909 Copies Furnished with plans: Director, Atlantic Marine Center National Ocean Service ATTN: MOA232X1 439 West York Street Norfolk, Virginia 23510-1114 NOAA National Ocean Survey Marine Chart Branch N/CG 2211 Rockville, Maryland 20852 ± State of North Carolina Department of Environment, Health and Natural Resources ALTM I.V, Division of Marine Fisheries James B. Hunt, Jr., Governor FR Jonathan B. Howes, Secretary Bruce L. Freeman, Director '1Vwl11ores 6 Skyline Road Kitty Hawk, NC 27949 Dear Cay Cross: February 1, 1996� �9 o�� rFE�,B ,cFrvED 6i�6 _ �}ihh.:.•.�C.'Y� rUl �L The Division of Coastal Management hereby ac—�eipt of your application for State approval for development of your property located Dogwood Trail in Duck Woods, Pelican Canal, Dare County. It was received on January 22, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is 4JEW" 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 will be contacted by the appropriate State or Federal agency. Please contact me if you have any 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 February 1, 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, Frank A. Jennings, III Field Representative I FAJ/kh Enclosure cc: John Parker Richard L. Watts f CAMA PERMIT APPLIED FOR PROJECT: To remove an existing 30' x 16' culvert and replace it with a 40' x 25' culvert. The applicant proposes to fill approximately 550 square feet of Public Trust Waters to construct a concrete retaining wall and ba k�to stabilize the roadbed COMMENTS ACCEPTED THROUGH February 29 1996 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Town of Southern Shores N.C. Division of Coastal Management 6 Skyline Road U —_1367 U S 17 South Kitty Hawk, NC 27949 _Elizabeth City, NC 27909 I n SENDER: ' y Complete items tend/er 2 for additional services. I also wish .to receive the SENDER: f m • Complete items 3, and 4a & b.` I • . I following services (for an extra 1 , • Complete items 1 and/or 2 for additional services. ECFi�E I also wish to receive the •Print your name and address an the reverse of this form so that we can fee): 2 ' • Complete items 3, and 4a & b. following services (for an extra i return this card to you. - ` i' m • Print your name and address on the revers orm so fee): ` Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address y that we can return this card to you. IIPY ♦♦rf does not permit. « I ?e N 6 1. ❑ Addressee's Address m • Write Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Deliver a i Attach this form to the front of the mailpiece, or on t e Y Y m 1 back if space does not permit. r •The Return Receipt will show to wham the article was delivered and the data •Consult postmaster for fee. m • Write "'Return Receipt Requested" on the mailpiece next to 2. El Restricted Delivery delivered. v3. Article Addressed to: ' ' �. .4a rticle, Number the article number."' Consult postmaster for fee. m -. •. ^ `� E 3.; Article Addressed to:. - 4a. Article Number C JAN,:2, 2 ' loot 4h Service Type y�, dory+ /� k al f erv6fu ti g E ) ❑ Registered :.. ❑ Insured 01 y, ppp 4bService Type 0 ❑Certified. ❑COD , e I7o S •, a� �� T`' • []*Registered ❑ Insured , �7��� " _ Return Recei t for ,: "� �" I mil -'Certified El COD r , -❑ Express Mail. ❑ P _Sp(gy-{r,'P.YN SA6Y�Si A%C h' m Merchandise m i• ' .'a74y� "- ❑Express Mail-eturn Receipt for O y . A/C �;) L 7 Dete of Delivery • ._� { , / i `tvlerchandise 7� i.. , _ 7. Dat of Delivery 0 /,/ Si •'at e I d r eel , `. I a 8 Addresse Address • (Only ,if requests[) l'�,Y 'paw Qf i S d K'd V N / G AAAA- and fee is paid) ) m 5. Signature (Addr see) 8. Addressee's.Address (Only if requestec i •_ln.`_ •— 'd 'Q r and fee is paid) 6. Sign r `gent) •" ' ':I ': 6.' Signature m > P orm , December 9 *US GPO 1663-. 714 DOMESTIC RETURN RECEIPT y ) PS Form; 38 t'..y • .Complete items"-i and/or'2 for°additional • Complete items�3 and 4a.&bs • Print your•name an l address'on the rave that we can returnithis'cardtosyou Hz • Attachthis'form" tothe. front'of the'94, f back.if,space:,does,;got permrt.'!'f„ t ;.. • Write f'Return'• Receipt Requested. on'thi the article number.' '• , 3. Article Addressed to: '�, >• �Sow`Fltefen/ S%tor'es' *'71!C tir r 5. Signature (Addressee) 6. Signature (Ag201 PS Form 3 11, oberl1990''•_ nug;Gpo: , 1'Q;kalso` iwish,fto receivefthe `followmg services (for an extra) i• ' fee): , C i � r.yh ✓. ,Y � .L' ' i :e�neM to • + Z• ❑ Restricted Delivery Consult ostmaster for fee.t '4a Article•Numbar, - 'r7S� 9t3ys;l 7 October 1990 „*uSYGpo:.l9so-273a1ii .DOMESTIC RETURN RECEIPT tams 1'and/on2 for additional services.`f -1. also wish to receive the tems.3;and 4a & b.'_• ii , -,, following services (for an extra name and addresson,thefreverse of this; form so fee):" eturn.this card to;you. - + •,,.., ' formto the front of themadplece,'or on the ' 1• ❑ Addressee's Address .does not permit°'.' .r,'� a , ,. .• ,-i ' urn Receipt Requested" on the mailpiece next to 2• ❑ Restricted Delivery ' Tiber ' - ' " Consult postmaster for fee. ddressed to: 4a. «icle Number. Registered,` " ❑Insured + �' a /'t y. it•j�(�� Ch$vyt1,. - ' (7�/ r'" ❑ Reeiwce T t , '=f r l,� , �re' t!- 9 stared Ki Certified t� '❑`COD�j i., .,• „ I C i Certified /n � Express,,Mail •1' .Return Receipt for , I i'y+�iu C$DJv r 2,`r=. .❑ Ex r " March ndise it i :.. .• } t �, r _ P i7,,.•iDate of Deliv , r "' ,7:3D e e ' �.S.-AddresseesAddress (Onlyrfrequested lii� i.5. inature,lAd ress fee is. id)i `.:. ,� x - i` ill t 8.''a fe s ss] r ; J i6 Signature. (Agent) , iPS Form 381;1, October 1990 _ o-z73ae�'' Df1MPSTrr.ocrrrowr r,�..�...�, , ..,....._.___ ..,..._.. :'❑ Insured O COD for Boa 263 PACE 6104 NORTH CAROLINA COUNTY OF JAN 1 9 1996 Iw I�wr� tiI �nP oAa� , a Notary Public of the a oresa.d C-6tinty and State, do hereby certify that J. MacN. Dgff,•Trustee, personally appeared before me this day and acknowledged the due.execution of the foregoing instrument. S my hand and notarial seal this the �7� day of. .. 1978. t•V C',: My Commission Expires: x otary Public NORTH CAROLINA DARE COUNTY The foregoing certificates of a Notary Public Qth Count o—iu..._ State of North Carolina, and of. a Notary Public of the County of 1.c State of North Carolina, are certified to be correat. PRESENTED for registration this the' 4-1 day of 1978, at r� , S` 01clock1-.P1., and re.orded in this office in Book , Page ,K Q Register or Deeds Assistant Register of Deeds LEONARD O. LOGAN.J A1101MY a1 Law Manbo, N. C. 27064 RECEIVrn LEONARD O. LOOAN. JR. Atlo"Y al Law Man1w. N. C. 27VA HOW 263 PACE 599 DAN 1 9 1996 3,. On the plat prepared by David H. Lawrence, dated 20 August, 1954, and recorded in Map Book 2, Page 28, Dare County Registry, and amended on plat prepared by P. F. Crank, Jr., dated 14 September, 1959, andenitleda in Map Book 2, Page 134, Dare County Registry, "Amended Section A", Southern Shores: plat. a,� The portion of North Dogwood Trail (Also called Duck Road), depicted on the aforementioned 4. On the plat prepared by P. F. Crank, Jr., dated February 3, 1964, and recorded in Map Book 2, Page 224, Dare County Public Registry, depicting Soundside Block 109, Southern Shores: a. The portion of the unnamed road, now known as North Dogwood Trail, depicted on the aforementioned plat. 5. On the plat prepared by P. F. Crank, Jr., dated December 6, 1961, and recorded in Map Book 2, Page 175A, Dare County Registry, entitled "Corrected Plat - Sound - side Blocks 112, 1221, 123", Southern Shores: a. The portion of youpon Trail, depicted on the aforementioned plat. b. The portion of Dogwood Trail, depicted on the aforementioned plat. 6, On the plat prepared by P. F. Crank, Jr., dated June 19, 1962, and recorded in Map Book 2, Page 182, Dare County Registry, depicting Soundside Block 105, Southern Shores: a. The portion of Holly Trail, depicted on the aforementioned plat. b, The portion of Loblolly Drive, depicted on the aforementioned plat. C. The portion of Beech Lane, depicted on the aforementioned plat. d. The portion of Dogwood Trail, depicted on the aforementioned plat. 7. On the plat prepared by P. F. Crank, Jr.,daate5r August 15, 1966, and recorded in Map Book 3, Page Dare County Registry, depicting Soundside Block 106, Southern Shores: a, The portion of Holly Trail, depicted on the aforementioned plat. b. The portion of East Holly Trail, depicted on the aforementioned plat. C. The portion of West Holly Trail, depicted on the aforementioned plat. from Holly Trail depicted on d. The unnamed street leading West to Lots 1, 2, 3 and 4, of Block 106, the aforementioned plat. 8. On the plat prepared by P. F. Crank, Jr., dated ok 3Page 23, , November 28, 1966, and recorded in Map Bo Dare County Registry, depicting Soundside Block 106A, Southern Shores: boor 263 mu 598 F�FCLi\1�i7 'JAN 1 9 1996 t NORTH CAROLINA DARE COUNTY r THIS DEED, made and entered into this the 31st day of January, 1978, by KITTY HAWK LAND CO., INC., a North Carolina business corporation, and J. MacN. Duff, Trustee, party of the first part, to S@MWWj6qN01jI171C AVIATION, INC., a North Carolina non-profit corporation, party of the second part; W I T N E S S E T H: That the said party of the first part, in consideration of the sum of One Dollar ($1.00) in hand paid, receipt of which is acknowledged, and its deep and continuing interest in the civic betterment activities of the party of the second part in Southern Shores, has bargained and sold and by this instrument does grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, the following lots or parcels of land in Atlantic Township, Dare County, North Carolina, more particularly described as follows: All of the streets and street segments, located within the boundaries of Southern Shores, and which are more particularly described as follows: 1. On the plat prepared by P. F. Crank, Jr., dated 19 May, 1961, and recorded in Man Book 2, Page 159, Dare County Registry, depicting Soundside Blocks 110, 111, 120, and 121, Southern Shores: a. The portion of Dogwood Trail, depicted on the aforementioned plat. b. The unnamed street extending westerly from Dogwood Trail toward Ginguite Creek, throunh x; Block 121, now known as Sassafras Lane. 2. On the plat prepared by P. F. Crank, Jr., dated August 31, 1973, amended iday 25, 1976, and recorded P in Map Book 9, Page 20 (2 sheets), Dare County Registry, entitled, "Amended Plat, Section B, Soundside Blocks C, D, E, and F", Southern Shores: a. The portion of North Dogwood Trail, depicted on the aforementioned plat. EONARD O. LOOAN, JR. Allmruy st Low Mtntou, N. C. 77964 LEONARD D. LOOAN, JR.I A110"Y el Law Mnnlw, N. C. 27954 RECEnrFn Boa 263 mul 602 JAN 1 9 1996 1. 'Eleventh Avenue East of the Eastern right of way line of the N. C. State Highway to Duck, together with the 15-foot corridor and 30-foot drives leading from the Eastern terminus thereof. m. Twelfth Avenue East of the Eastern right of way line of the N. C. State Iiighway to Duck, together with the 15-foot corridor and 30-foot drives leading from the Eastern terminus thereof. n. Thirteenth Avenue East of the Eastern right of way line of the N. C. State Highway to Duck, together with the 15-foot corridor and 30-foot drives leading from the Eastern terminus thereof. Gas, oil and mineral rights are not hereby conveyed. This Conveyance shall not affect the rights or obligations of any property owner within Southern Shores, or their successors or assigns, to or in the use of any of the roads, streets, or street segments listed herein. J. MacN. Duff, Trustee, joins in the execution of this instrument for the purpose of releasing this conveyance from the lien of that certain deed of trust of record in the Public Registry of Dare County, North Carolina, as follows: Deed of Trust dated 29 November, 1977, of record in Book 254, Page 541, release indenture dated 29 November, 1977, of record in. Book 255, Page 70. TO HAVE AND TO HOLD, the aforesaid lots or parcels of land with all privileges and appurtenances thereunto belonging or in any wise thereto appertaining to the said party of the second part, its successors and assigns, in fee simple absolute forever, but subject always to such outstanding rights in and to such lots or parcels, if any, as may be owned and possessed by the owners of the property comprising Southern Shores, said property being described in the deed recorded at Book 31, Page 445, Dare County Registry, and upon the further condition that the party of the second part shall have no right to sell, assign, pledge or encumber any portion of such lots or parcels of land without the consent and joinder of the party of the first part, its successors or assigns, on or before December 31, 1992, but the party of the second part may convey all or any portion of the common properties to any municipality which includes all of Southern Shores without the consent and joinder of the party of the first part. y GOOK 263 PAGE 6)(1 'JAPE 1 9 1996 19. The portion of 36th Street as it leads from Ocean Boulevard to Duck Road. 2fromThe OceannBoulevarduthrough . Block cruns Easterly 27 21. On the plat prepared by P. F. Crank, Jr., dated January -June, 1958, and recorded at Map Book 2, page 97, Dare County Public Registry: a. The unnamed 60-foot road extending Easterly from the Eastern right of way line of Atlantic Drive between Lots 29 and 30, Block 45, and Lots 5 and 6, Block 37', and the two extensions leading therefrom in a Northerly and Easterly direction, respectively. b. First Avenue East of the Eastern right oft° ether way line of the N. C. State Highway to Duck, 9 and leadingefrom fthe Easternrterminus foot drives with thereof c. Second Avenue East of the Eastern right togeth way line of the N. C. State Highway to oot leadingefrom fthe Easternrterminus and fes with thereof. d. Third Avenue East of the Eastern right o f way line of the N. C. State Highway to Duck, together with thand leadingefrom fthe Easternrterminus foot drives thereof e. Fourth Avenue East of the Eastern right of way line of the N. C. State Highway to Duck, tog ether with the 15-foot corridor and 30-foot drives leading from the Eastern terminus thereof. f. Fifth Avenue East of the Eastern right of way line of the N. C. State Highway, to Duck, together with thand oot leadingefrom fthe Easternrterminus fdrives thereof g. Sixth Avenue East of the Eastern right o f way line of the N. C. State Highway to Duck, together with e15-foot corridor and f oot leading fromthe Easternterminusthereofves h. Seventh Avenue East of the Eastern right of way line of the N. C. State Highway to Duck, together with from. foot the Easternrand terminusfoot thereofves leadingng , i. Eighth Avenue East of the Eastern right of way line of the N. C. State Highway to Duck, together with the 15-foot corridor and 30-foot drives leading from the Eastern terminus thereof. j. Ninth Avenue East of the Eastern right f way ether line of,the N. C. State Highway to Duck„ q and leadingefrom fthe Easternrterminus foot drives with thereof k. Tenth Avenue East of the Eastern right of way :°NAND C. LOGAN. Ja. line of the N. C. State Highway to Duck, together A110MY"Law with the 15-foot corridor and 30-foot drives want", N. C. 27954 leading from the Eastern terminus thereof. 0 • RECEIV[C� 500K 263 ma SOO JAN 1 9 1996 a. The portion of Holly Trail, depicted on the iaforementioned plat. b. The portion of East Holly Trail, depicted on the aforementioned plat. i 9. The unplatted portion of. Dogwood Trail, extending from U. S. Highway #158 in a Northerly direction to the Southern boundary of Block 117 and Block 202, Southern Shores. I 10. The portion of Skyline Road extending from the I� intersection with U. S. Highway #158 in a Northeasterly curve to N.C.S.R. #1200, known as the Duck Road. 11. On the plat prepared by P. F. Crank, Jr., dated I� April 30, 1965, entitled "Amended Beach Block 38", and recorded in Map Book 2, page 239, Dare County Registry: a. The portion of Atlantic Drive extending from S.R. #1200 (known as Duck Road), in an Easterly direction and then cornering and following the boundaries of Block 38 in a Southerly and Westerly direction to intersect S. R. #1200. b. The unnamed circular drive which loops Southward from Atlantic Drive through Block 38, (now known as Circle Drive). 12. On the plat prepared by P. F. Crank, Jr., dated 26 July, 1957, recorded in Map Book 2, page 98, Dare County Registry, and entitled it Plat, Blocks 34, 35, 36 37", Southern Shores: a. The portion of Ocean Boulevard, depicted on the aforementioned plat. b. The portion of Atlantic Drive, depicted on the aforementioned plat. C. The unnamed "T" shaped drive between Blocks 37 and 36. d. The unnamed "T" shaped drive between Blocks 36 and 35. e. The unnamed "T" shaped drive between Blocks 35 and 34. 13. The "T" shaped drive adjacent to Lots A,B,C,D,E, FIG. and H, in Block 26, which leads from Ocean Boulevard in an Easterly direction. 14. The "T" shaped drive adjacent to Lots A,B,C,D,E, FIG and H, in Block 25, which leads from Ocean Boulevard in an Easterly direction. 15. The portion of Dune Road which runs in a general North -South direction through and adjacent to Block 41, 42, 43 and 44. 16. The ,portion of 32nd Street as it leads from Ocean Boulevard to Dune Road. 17. The portion of 33rd Street as it leads from Ocean LEONARD O. LODAN. J". Boulevard to Duck Road. A110MOY a1 Law M/ntow. N. C. 27064 18. The portion of 34th Street as it leads from Ocean Boulevard to Dune Road. I u RECEivFn LEONARD O. LOOAN, A110"NY O1 Law Mwlw. N. C. 27951 5, On the December 61 Dare County side Blocks BOOK 263 PACE 599 DAN 1 9 1996 3,' On the plat prepared by David H. Lawrence, dated 20 August, 1954, and recorded in Map Book 2, Page 28, Registry, and amended on plat prepared by Dare County R P. F. Crank, egisJr.r dated 14 September, 1959, and recorded in Map Book 2, Page 134, Dare County Registry, entitled, "Amended Section A111 Southern Shores: wood Trail lled The porohstDuck Road), depictedontheaforementionedpla. 4. On the plat prepared by P. F. Crank, Jr., dated February 3, 1964, and recorded in Map Book 2, Page 224, Dare County Public Registry, depicting Soundside Block 109, Southern Shores: a, The portion of the unnamed road, North Dogwood Trail, depicted on the plat. plat prepared by P. F. Crank, Jr., dated 1961, and recorded in Map Book 21 Page 175A, Registry, entitled "Corrected Plat - Sound- 112, 122, 123", Southern Shores: now known as aforementioned a. The portion of Youpon Trail, depicted on the aforementioned plat. b. The portion of Dogwood Trail, depicted on the aforementioned plat. 6. On the plat prepared by P. F. Crank, Jr., dated June 19, 1962, and recorded in Map Book 2, Page 182, Dare County Registry, depicting Soundside Block 105, Southern Shores: a. The portion of Holly Trail, depicted on the aforementioned plat. b, The portion of Loblolly Drive, depicted on the aforementioned plat. C. The portion of Beech Lane, depicted on the aforementioned plat. d. The portion of Dogwood Trail, depicted on the aforementioned plat. 7. On the plat prepared by P. F. Crank, Jr., dated in Map Book 3Page 5, Soundside Bl August 15, 1966, and recorded ,ock 106, Dare County Registry, depicting Southern Shores: a. The portion of Holly Trail, depicted on the aforementioned Plat- b. The portion of East Holly Trail, depicted on the aforementioned plat. C. The portion of West Holly Trail, depicted on the aforementioned plat. d. The unnamed street leading West from Holly Trail to Lots 1, 2, 3 and 4, of Block 106, depicted on IR. the aforementioned plat. 8. On the plat prepared by P. F. Crank, Jr., dated November 28, 1966, and recorded in Map Book Page 23, Dare County Registry, depicting Soundside Bloo ck 106A, Southern Shores: hoc,K, 263 PAGE 598 , RECEIv�"i7 JAN 1 9 1996 I V L.,. NORTH CAROLINA DARE COUNTY T THIS" DEED, made and entered into this the 31st day of January, 1978, by KITTY HAWK LAND CO., INC., a North Carolina business corporation, and J. MacN. Duff, Trustee, party of the first part, to Sm"mUR-RN SHORRs rrvIC ASSOCIATION, INC., a North Carolina non-profit corporation, party of the second part; W I T N E S S E T H: That the said party of the first part, in consideration of the sum of One Dollar ($1.00) in hand paid, receipt of which is acknowledged, and its deep and continuing interest in the civic betterment activities of the party of the second part in Southern Shores, has bargained and sold and by this instrument does grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, the following lots or parcels of land in Atlantic Township, Dare County, North Carolina, more particularly described as follows: All of the streets and street segments, located within the boundaries of Southern Shores, and which are more particularly described as follows: 1. On the plat prepared by P. F. Crank, Jr., dated 19 May, 1961, and recorded in Man Book 2, Page 159, Dare County Registry, depicting Soundside Blocks 110, 111, 120, and 121, Southern Shores: a. The portion of Dogwood Trail, depicted on the aforementioned plat. b. The unnamed street extending westerly from Dogwood Trail toward Ginguite Creek, through 41 Block 121, now known as Sassafras Lane. 2. On the plat prepared by P. F. Crank, Jr., dated August 31, 1973, amended May 25, 1976, and recorded: in Map Book 9, Page 20 (2 sheets), Dare County Registry, entitled, "Amended Plat, Section Be Soundside Blocks C, D, E, and F", Southern Shores: a. The portion of North Dogwood Trail, depicted on the aforementioned plat. LEONARD O. LOOAN, JR. Attorney a1 Low Mont", N. C. 27964 ------------- I 1 W L A 6 0 ON LA600N 0 1 I 1 I BLOCK � I I 2 i BLOCK //O • I I 1 o I V , 5 7 ti 8 1 Z i 3 0 4 - o „ 3 i si ° I is a� i a. ei 7 '. e I 1 I• N o ` • b 4I Sye�yT IrsN'1 6a 1b2]SSa 0s]a•]n-�.F..a1- 100- goo-oeEG YOMUYENT6 MALL )NNLNJ INO/ON OTXLN0-4 � + ICO. T ON Los LINES •1 0. J 1 ]sat a z7 00 j Air o' w •- .1•10•[ IOP1<' OO ]0. — -- , <ae `r 1.4..-- ]aa0. •- - - - ]17.t, ; i YPIS .9D, 10000 100.0° ° 11d� 1°00J 10• 10000 I • e0 a :,O\ , 17.11 4 00 •t. ]<•2/ 9 cl MenoN'A" LOT TT ' / 1 I Ix { 0 1 �• . c— I ✓ I 1 •o _ BLOCK F 1, •2 1, B LOCK 20 y 0 .1 \ <• 1 't 111•aj9a 2 • al • 2 i. 3 4 .ni� 9'y y 10. I@,as- 1 `' °tee• ` ' k a a f `�er9R._ - $; .�b• 1io—M i`1«3 ,i 1i 4 ACT L FIELD THAT SNIT YAP WAS DRAWN 1 •' nl Y �Ld 'eo, <ACTUAL FIELD LAND SURVEY, O TNAT TXE 1 -� �• ` .`e \ =RURV 12WA] AS FOLLOWS- BLOCK IIO nI RLOQ 120- OCTOSER 261960yRLOCA III - of O I ED2,1960.6LOG1121-YAYI],1961, .NAT AC • • \ 11RLOC1112O WERE. TURFED WITN TNE•Af- 1 / ,' n 1. ' //1F A CLASS A SURVEY; TNAT •NE ERROR 1 ® URF`1T C4LCULAT[D BY lATl rUp[ AND i I - 1 1. URG9".IS 11 3•SS9;TNAr IT WAS PREPARED RDANCE WITH 9S47-SO AT AMENDED. - I - - ¢ p 4 \ ?, In TT \ _ S-YT "AND TEAL TPU3 "TN MT OF MAY ' l+ $ 1 .4 c •T '7 8 •p 01 P F o^ avow SWORN TO BEFORE YC rX13 20 E a•i 1a oI \'- \' ]E aAT_A D-, 1994 aSIDM EXPIRES y_7_ /n 1. 1 i _ SDIc IIEI•eY]P P� \e•O .. /F .. •� n i •• ^° 0 • 'a ,.. tB0 6 SOUNDS/DE Blosts 110,111,120.,1 SOUTHERN SHORES E Lt to Kitty How* Land Company- - - Owner - K/TrY HAWK,N•C- ATLANT/CTWP- DARE COUNrr q , M A Y 19, /961 P' F Cronk,Jr- Registered Surveyor L669 _ +; O